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Backup Documents 10/28/2003 R NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida' that the attached copy of the advertising, being a ' PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on October 26th, 2003 Affiant further says that the said Naples Daily News 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; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / 7y/~ ( Signature of affiant) Sworn to and subscribed before me This 28th day of October ,2003 ~ (Si~~ture of notary p~b1ic) "'-;'~~~'" f~f{;,,_ Harnett Bushong ~rb.. "f*.1 MY COMMISSION I DD234689 EXPIRES '..J!I!IIt?'l.~ Ju1y 24, 2007 >.::,.;,(~.., BONDED THRU TROY FAIN INSURANCE, INC. NOTICE oF'PUBLIC MEETING BOARD OF COUNTY COMMISSIONERs. COLLIER COUNTY, FLORIDA TuesdaY!.~Þer28. 2003 II:W A.M. Notice Is hereÞY given that the Collier County . ~~:R~:~:EI'" IF~I~"Et~~o"~ CountY Government Comp ex 1301 East Tamlaml Trail. Waples. Florida, to conèiuct the business of COllier cou~~ tlttlÖOve ~tIIne and date. ~~I~tor .¡¡d·~J.rar=¡: Public I· 0ftICe. on the first Floor¡' of the W. HarmOn mer All )&!'tIes are...!~ to attend. to regls-! ter ton to 1IIbm.tt'lr ob=:r~an.1 y, \ M .~~_i=~1:, ttié'Grman. . , AnY ~n who decides to ...... ~Ilon of the! BOãrä will need a recent fllfthe . dInGS per- ~:":~~~~ty.= \ which record \nCtU. . del thê . mony ariéI evIdenCe upon which the åPPftIls to be . I collier cogy Ordinance No. "22 reqU yw: all ~~~Incluldl~~~.=:s:ft tI: gr~tfU:~T~ ~In~t:e- cords Department. . If you are a ~ with a dlÎab\lItt who needs any accommodatIon In order to part\cl~e In this pro- ceed!f\, you are entitled. at no coSt to yDI.\. to the prqvlslõn of certain assIstaf\C8. Please contact the =~~'='~!~~~~ 34112. (23') 77408380; â'iï;ëd I devICes for the hear!ng ImRalrtd. are available I the County CommISIlOfterl' omce. . I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Tom HtMInø.QMJrman DWIGHT E. 8tOCK, CLERK Jy: Is! Maureen Kenyon DiIautY CLerk ~~ Nn 11~'-O§ I. ~.__._---- . -,.__.._~----_._._-- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ tL~ AGENDA October 28, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE 1 October 28, 2003 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Craig Nelson, East Naples United Methodist Church 2. AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes 5/0 Be September 18, 2003 - BCC Budget Hearings Approved as presented 5/0 Ce September 23, 2003 - BCC Regular Meeting Approved as presented 5/0 De September 24, 2003 - BCC Regular Meeting Approved as presented 5/0 3. SERVICE AWARDS 2 October 28, 2003 Twenty-Year Attendee: A. Joanne Soprano, Library Presented 4. PROCLAMATIONS Ae Be Ce De me Fe Proclamation to designate November as National Epilepsy Awareness Month. To be mailed upon presentation. Adopted 5/0 Proclamation to designate the month of November 2003 as Collier County Adoption Month. To be accepted by Debbie Allen and Danielle Stewart. Adopted 5/0 Proclamation to recognize the Florida Fire School and those dedicated individuals and agencies for their efforts in providing this beneficial training. To be accepted by Warren Heltsley and Doug Doyer. Adopted 5/0 Proclamation to designate Sunday, November 16, 2003 as Lake Trafford Restoration Awareness Day. To be accepted by Nicole Ryan, Environmental Policy Manager for the Conservancy of Southwest Florida. Adopted 5/0 Proclamation to designate November 2003 as United Way of Collier County Agency Awareness Month. To be accepted by Dan Rodriguez, Collier County Facilities Manager and member of the Collier County United Way Branch. Adopted 5/0 Proclamation to designate October 28, 2003 as Collier County Wastewater Operations Challenge Day. To be accepted by members of the Royal Flush Team which include Joseph Bianchi, William Combs, David Fitts and Dale Waller. Adopted 5/0 3 October 28, 2003 5. PRESENTATIONS Recommendation to recognize Sharon Gilbert, Operations Coordinator, Transportation Division as Employee of the Month for October 2003. Recognized Added B. Presentation by Guy Carlton, Collier County Tax Collector Check presented for $4,438,389.19. 6. PUBLIC PETITIONS Public Petition request by Mr. William L. McDaniel, Jr. to discuss hours of operation for the mining industry in Collier County. Bring back to future meeting for consideration-Approved - 5/0 Public Petition request by Mr. Bob Krasowski to discuss a workshop on the solid waste management issue. Presented BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to November 18, 2003 BCC Meeting A. This item continued from the September 23~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Barton and Wendy Mclntyre and Joseph MagDalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. 4 October 28, 2003 This property consists of 119+ acres. This item was continued from the September 23, 2003 BCC Meeting and is further continued to the December 16, 2003 BCC Meeting. CU- 02-AR-2354 William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 and 4 of"E" Estates to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Advanced Broadband Infrastructure Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $500,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. E® This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; approve an associated budget amendment for $1,350,000; establish a fee payment assistance program available to eligible businesses to mitigate the economic effects of increased impact fee rates. This item being continued to the November 18, 2003 BCC Meeting. Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. 9. BOARD OF COUNTY COMMISSIONERS 5 October 28, 2003 Ae Appointment of members to the Collier County Code Enforcement Board. Resolution 2003-377 Appointing G. Christopher Ramsey and Albert Doria as "Regular" members and appointing Raymond J. Bowie as an "Alternate" member - Adopted 5/0 Be Appointment of member to the Community Character/Smart Growth Advisory Committee. Resolution 2003-378 Appointing G. Russell Weyer - Adopted 5/0 Ce This item being continued to the November 187 2003 BCC Meeting. Impact fee credits for existing building or structures. (Commissioner Henning) Moved from Item #16H3 D. Commissioner Henning request for approval for payment for expenses serving a valid public purpose. Approved w/stipulations 4/1 (Commissioner Halas opposed) Added E. Fleischman property discussion. (Commissioner Coyle request.) Signing a Letter of Intent - Approved 5/0 10. COUNTY MANAGER'S REPORT Continued to November 18, 2003 BCC meeting A. Approve an agreement with the Gulf Coast Skimmers to terminate the lease agreement at Sugden Regional Park. (John Dunnuck, Administrator, Public Services) Be Present findings and recommendations concerning the negotiations with Brightstar Environmental (Florida), LLC pursuant to RFP #02-3316; MSW Processing and Gasification Facility and recommendations for further actions. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 6 October 28, 2003 Closed Session C. Item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, in the Shade pursuant to Section 477.605 (1) Fla. Stat. (John Dunnuck, Administrator, Public Services) Recommendation that the Board of County Commissioners determine whether Collier County Emergency Medical Services shall continue to provide out-of-county transports for Naples Community Hospital Healthcare System Facilities and ratification of prior letter agreement. (John Dunnuck, Administrator, Public Services) Approved w/Stipulations-5/0 Ee Recommendation to approve Commercial Excavation Permit No. 59.868 "Stewart Earth Mining", located in Section 18 and 19, Township 46 south, Range 29 east; bonded on the north and west by existing citrus groves, on the south by vacant land and existing citrus groves, and on the east by vacant land and a farm building. (Joseph K. Schmitt, Administrator, Community Development) Approved w/stipulations - 3/1 (Commissioner Coyle opposed and Commissioner Fiala out) Request Board approval to accept a grant of $200,000 under the Florida Economic Development Transportation Fund Program; approve an agreement between the Florida Office of Trade, Tourism and Economic Development and Collier County; approve a budget amendment in the amount of $200,000; approve a resolution assuming future road maintenance; and approve a road maintenance agreement between the County and the North Naples Golf Range, Inc. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-379 -Adopted 4/0 (Commissioner Fiala out) Ge Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Big 7 October 28, 2003 11. Cypress Stewardship District. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-380 Adopted w/changes - 5/0 He Recommendation that the Board adopt a resolution of No Objection to the enactment of a bill by the Florida Legislature creating an independent Special District under Chapter 189, Florida Statutes, to be known as the Ave Maria Stewardship Community District. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-381 Adopted w/changes - 5/0 PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. Ae Recommendation that the Board of County Commissioners approve settlement of claims against individual County Commissioners and former County Commissioners in the case ofAquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, the United States District Court for the Middle District of Florida, now pending in the United States Court of Appeals for the Eleventh Circuit as Case No. 03-13133-BB. Approved - 5/0 OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. Recommendation from the County's Airport Authority that the Board affirm the attached employment agreement between the Authority and Eugene Schmidt, Executive Director, and authorize a related budget amendment. Approved w/changes - 4/0 (Henning opposed) STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each 8 October 28, 2003 item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Ibis Cove, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-364 2) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Shopping Center". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-365 Continued to November 18, 2003 BCC meeting 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Gateway, Phase 2". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-366 9 October 28, 2003 5) 6) 7) 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Arielle". Resolution 2003-367 Request to approve for recording the final plat of "North Naples Research and Technology Park", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. W/Stipulations Final acceptance of water utility facilities for Jasmine Pointe. Final acceptance of water utility facilities for Spoonbill Cove at Carlton Lakes. 9) Final acceptance of water utility facilities for Bridgewater Bay Clubhouse. 10) Final acceptance of water utility facilities for Bridgewater Bay, Phase One. 11) 12) 13) Petition CARNY-2003-AR-4798, Reverend Joseph Spinelli, OSA, St. Elizabeth Seton Church requesting permit to conduct a carnival from November 5 through November 9, 2003, on the church property located at 2760 52nd Terrace SW, Golden Gate City. CP-2003-05 Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of"Troon Lakes" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-368 Recommendation to award RFP #03-3537, "Tourist Development Council Marketing Services" (in the estimated annual amount of $820,000). 10 October 28, 2003 Be 14) 16) 17) 18) 19) Recommendation to award RFP #03-3540, Tourist Development Council Fulfillment Services (in the estimated annual amount of $65,000). Recommendation to approve Commercial Excavation Permit No. 59.583-1 -AR-3960 "Marete Commercial Excavation", located in Section 7, Township 51 south, Range 26 east; bounded on the east and south by vacant land zoned agricultural, on the west and north by occupied land zoned agricultural. W/Stipulations Recommendation to award RFP #03-3538, "Tourist Development Council Research Services" (in the estimated annual amount of $75,000). Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications and budget amendments for Fiscal Year 2003/2004 in the amount of $316,900. Proposed amendment to Resolution 2003-340 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. Resolution 2003-369 Board waive recovery of relocation expenses of $4,855.06, resulting from the negotiated resignation of Ms. Margaret Wuerstle as Planning Services Director, releasing any right the County may have in reclaiming said relocation expenses, finding that payment of relocation expenses, in this case, are in the best interest of the County. TRANSPORTATION SERVICES 1) Amend Resolution No. 2001-56, which established an Ad Hoc Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange, by reducing the number of voting members from seven to five, and 11 October 28, 2003 2) 3) 4) 5) 6) reducing the number of non-voting members from three to two. Resolution 2003-370 Approve a budget amendment to carry forward funds to re-open a purchase order in FY04 that was closed by mistake in FY03 in the amount of $23,490. Approval Bid #03-3561, SR951 at Fiddler's Creek MSTD roadway grounds maintenance in the amount of $21,143.70 to Green Heron Landscapes, Inc. Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Rattlesnake Hammock Road (CR 864) from Polly Avenue to Collier Boulevard (CR 951). (Capital Improvement Element No. 77, Project No. 60169). Estimated fiscal impact: $2,230,000. Resolution 2003-371 Adopt a resolution authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,558,540. Resolution 2003-372 Approve selection committee ranking of firms for contract negotiations for RFP 03-3559 "Consultant Services for the update of 12 October 28, 2003 the Collier County Comprehensive Pathway Plan". 7) Approve an increase of contingency funds from the current 5% up to the maximum 10% for the Goodlette Frank Road Improvement Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134, Bid No. 02-3424. Continued to November 18, 2003 BCC meeting 8) Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). 9) Approve Change Order No. 2 in the amount of $112,117.09 to Thomas Marine Construction, Inc., for the Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66041, Bid No. 03-3492. C. PUBLIC UTILITIES 1) Approve a budget amendment for countywide sand search, Project 90527, to fund staff effort in acquiring temporary beach maintenance easements, in the amount of $100,000. 2) Approve Work Order MAC-FT-04-01 to McKim and Creed Engineers for engineering services related to control and telemetry upgrades for Carica/Vanderbilt/Barefoot pump stations in the amount of $81,000 for Project 70124. 3) Approve Work Order CAR-FT-04-01 to Carollo Engineers for engineering services related to Scada and Control Network Upgrades at the North County Regional Water Treatment Plan in the amount of $84,850 for Project 70094. 4) Approve an amendment to the FDEP Beach Erosion Control Program Project Agreement for reimbursement of up to an additional $353,715. 13 October 28, 2003 5) Approve resolution supporting continued state funding of coastal projects. Resolution 2003-373 6) Authorize an interest payment in compliance with the Florida Prompt Payment Act related to Contract #02-3348 Golden Gate Wellfield Reliability Improvements, Project 70066, in the amount of $7,397.91. 7) Award Contracts 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" (estimated dollar amount of contract not to exceed $3,000,000 annually per firm). 8) Approve two work order amendments, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of the countywide sand search, Project 90527, in the combined reduced amount of $26,509. 9) Approve two budget amendments in the total amount of $31,850 and a work order amendment with Greeley and Hansen LLC under Contract #00-3119, Fixed Term Professional Utility Engineering Services, for the updating of the Collier County Utilities Standards in the amount of $31,849, Project 70202. 10) Waive the Purchasing Policy VII (F) and authorize staff to modify the purchase order to Advanced Control Consulting in the amount of $7,500 for Project 74033. 11) Approve a new agreement for delivery and reuse of reclaimed water and terminate the existing agreement between the Collier County Water-Sewer District and Windstar Club, Inc. 12) Award Bid Number 03-3531 for landscape maintenance in the base cost amount of $89,157 for wells and facilities to Ground Zero Landscaping Service, Incorporated. 14 October 28, 2003 D. PUBLIC SERVICES 1) Approval of additions to agreements between Sirsi Corporation and Collier County Board of County Commissioners to extend the contract for intemet access. 2) Award Work Order #PBS-02-30 in the negotiated amount of $119,730 to Professional Building Systems for the renovation of Tigertail Beach Park, Phase II. 3) Approve an agreement with Stock Development, LLC for the installation of upgraded sports field lighting at Eagle Lakes Community Park at no cost to Collier County. 4) Award Work Order #CT-02-03 in the amount of $130,241 to the Chris-Tel Company for the renovation of Bayview Park. 5) Approve a budget amendment recognizing $83,000 in revenue from the Community Development Block Grant Program for the East Naples Community Center Senior Center Expansion Project. 6) Approval of amendments to the Collier County Fair Board By-Laws. 7) Approve a budget amendment in the amount of $64,380.36 to recognize repayment to the Grant Fund from EMS. 8) Request by Collier County Domestic Animal Services to approve a resolution to waive dog and cat license fees for four days during November's Shelter Appreciation Week. Resolution 2003-374 E. ADMINISTRATIVE SERVICES F. COUNTY MANAGER 15 October 28, 2003 1) Approval of Budget Amendment Report - BA #04-013 in the amount of $14,200 to pay for equipment for fire engine purchased in FY03. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request for approval for payment to attend SWFRPC goth Anniversary Celebration. 2) Commissioner Coletta requests approval for payment to attend SWFPRC 30 th Anniversary Celebration. Moved to Item #9D 3) Commissioner Henning request for approval for payment for expenses serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 16 October 28, 2003 17. 1) Adopt a resolution to amend Collier County Resolution No. 2000-126 to correct references to the exhibits in that resolution. Resolution 2003-375 2) Approve the stipulated final judgment relative to the fee simple acquisition of Parcel 191 in the lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. As This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3691 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block 50, according to the plat of"Newmarket Subdivision", as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida, located in Section 3, Township 47 south, Range 29 east. Resolution 2003-376 This item being continued to the November 18, 2003 BCC Meeting. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by 17 October 28, 2003 establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 October 28, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 28, 2003 Continue Item 8(A) to November 18, 2003 BCC meeting. This item continued from the September 23, 2003 BCC meeting. {IDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and development, Inc., representing Barton and Wendy Mclntyre and Joseph MagDalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acreS. (Petitioner request.) Add Item 9(E): Fleischman property discussion. (Commissioner Coyle request.) Continue with the Regional Item 10A to November 18, 2003 BCC meeting: Appre~Ve..an agreement Gulf Coast Skimmers to terminate the lease agreement at Sugden Park. (Staff request.) Continue Item 16(A)3 to November 18, 2003 BCC meeting: Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. (Petitioner request.) Continue Item 16(B)8 to November 18, 2003 BCC meetin.q. approve a resolution implementing certain procedures standardize Traffic Impact Studies (TIS). (Staff request.) Request the Board and guidelines to Item 16(D)6:"'Last paragraph on page 1 should read "Manager" (not "manger"). Move Item 16(H)3 to 9(D): Commissioner Henning request for approval for payment for exp_enses serving a valid public purpose. (Commissioner Halas request.) Time Certain Items: Item 10C to be heard at 12:00 noon: Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a strategy session for collective bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, in the shade pursuant to Section 477.605 (1) Fla. Stat. ATTEST; PROCLAA~A TXON WHEREAS, WHEREAS, Epilepsy, o/so known as .~izur~ Oisontee, has afflicted monk/nd since the dawn of our spec/es and has been recognized since the earliest medical wr/Hng; and, re~d/ated ancient bel/ef~ that Epilepsy wa~ a vi~/taHon f~m the w/th this diso~er held pmpheHc ~wers. H/ppocrate~ believed that ~pilepsy wa~ a b~in diso~er; and, = seizu~ is a sudden, brief a~ack of afield consci~snes$~ motor acHv/~ or senso~ phenomena. X~ la a sign ~ha~ c¢~ain brain cells (neu~ns) a~ dt~cha~i~ an excessive amount of electrical a~d, ~p//ep~y can be caumed by/~u~ ~o the brain, lack of o~gen at. blah, brain ~mor, /nfecHon and brain hemorrhage. ~n ~/~ percent of the case=, the cause/~ unknown; and, ~p/lep~y can affect anyone, at any age and at any Hmo; and, more than ~o m/Il/on ~mer/can~ are affected w/th ~ome ~p¢ of Epilepsy. Of th/~ number, ~0,~ a~ Flor/da ~/dent~; and, w/th the adm/n/~traHon =~=ntican~lmnt d~g=, two thins (~. 6~ ~} of ~o age old m~h~, WHEREAS, the stigma associated with th/si diso .~c itself; WtYEREA$, peo~!~ ~Wttohave p~d~fivi~,.=~m fe~, :' ¢Oo~mEon WHEREA~, s~/~ carried out~ in tht ~EO .STA T~S gver WHEREAS, worse than the workers/n job and, thirty years haw.indicated that of all disabilities; barrier to employment 'w/~ ~mg/oyment rates es~a~ to fall normal~i~m~t~ ~or s~c~s, "a ~rson who needs a sup~~:~$~i~nment . ~d employers them an oppor=i~~ ~ bt~mq~/. NOW TIYEREFORE, be/t of Co/l/er County, designated as NA T~ONAL EP-rLEPSY AWARENE$$/kfONTAt DONE AND ORDERED Ti~$ ~Bth Day of October, BOARD OF COUNTY C04444~r,~SXONER$ · COIJ. ZER COUNTY, t~OR~DA TOA4 HEN~NG, CHA~N ATTEST: PROCLAA~A TZOI~ WHEREAS, every child has the right to grow in a secure, /avia9 £am//y and adopt/on is a positive way to build a £am//y; and, WHEREAS. the Adopt/on Task Force o£ Southwest Florida, Znc. is a collaborative e££ort o£ commun#y agencies and individuals to create and increase awareness o£ adap#on; and, ~VHEREAS, the Adopt/on Task Force o£ ~outhwest Florida, fac. 's purpose is to provide resources and education on the various aspects o£ adap#on and to promote pos#lye at#tudes towards adap#on; and, adopt/on brings untold benefits to Collier County res/dents that are affected by the adap#on process. This includes bene£/ts to birth parents, odop#ve parents and the children p/aced in adoptive homes, as well as::~their extended £am///es: and, WHEREAS, crisis pregnancy is and adopt/on is a posit/re ap#on that is not always considered due to a lack o£ awareness and'educa#on, . ~: that. the month Of NOW THEREFORe.: be it prnc?ime~ Coil/em County, F/om/da, designated as coazm cou~rv encourage agenc[e~;Rdig/ous omjanizat/ons, celebra~' a~p#on . ~d adap#on. 2003 be to through of DONE AND ORDERED D~V~IT E. B~OCK, CLERK BOARD OF COUNT}/CO~44ISSXONERS TOt~ HENNING, CHAIRtAAN P ~ O C L A It4 A T.~ O N the Professional and Volunteer F/ref/~hters throughout the State of ?/or/da are an exfreme/y valuable asset/n pray/din9 for the health and safely of our residents; and, there/s a continuin9 need for qual#y training to enable public safely providers, particularly those profess/anal and volunteer f/refighters, to maintain their Md#s; and, to satisfy this need, the Great ?/oWda ?ire ~chool was developed to provide this training/n a comprehensive and economical 'wa),; and, Collier Counfy has the privilege of hosting the ~reat ?/or/da F/re ~chool from November 7¢n through I0~n, 2003; and, to fulfill this scheduled a~ '~v~r~l. ~ mor~ f/re Sram. of P/or/da and #eighborin9 states pa~'cf~ate in this train!'ng; and,..;~...:.. classes have been Count/; and, NOW of graf llude and oppreCt'ation ~ Start .. Fire College, 'and the Collier Coonh/ fo~?~a~kJn9 and deVe/opjng:;::th~, yaloab/e agencies Association and Coun~. of Collier and beneficial training. of DON~ AND OgD~D TI4~$ 28th bay of October 2005, ~OAgD OF COUNTY COMM. rSS. rONEg$ TO~ HENN_rN~, CHAIN PROCLAMA TION JIIf' -kO-" WHEREAS, Lake Trafford is an ecologically and economically important lake in Southwest Florida: and, WHEREAS, efforts to restore Lake Trafford to its place as a premier recreational fishing lake, wildlife habitat, and integral part of the Southwest Florida ecosystem are of the utmost importance: and, WHEREAS, Lake Trafford has been invaded with a variety of noxious, exotic plants, mainly hydrilla, within the past fifty years, the control of which has caused the buildup of organic debris on the lake: and, WHEREAS, Lake Trafford has accumulated eight million cubic yards of decomposing organic sediment over the bottom of the 1,500 acre lake: and, WHEREAS, Lake Trafford has been the site of several major fish kills (one of which caused the death of 50,000 fish in April 1996): and, WHEREAS, ortance of restoring Lake Trafford 2 million in funding and by '* Force, which draws I businesses, dicated to cleaning WHEREAS, Collier County recognizes,. th and has suppor~ appointing togethe enviro. WHEREAS, stress the '(lining high '$, thus WHEREAS, tion is key to it to a ake Trafford BBQ '(lrd helping restore NOW THEREFORE, be it proclal County Commissioners of Collier County, Florida, that Sunday, November 16, 2003 is Lake Trafford Restoration Awareness Day. In celebration of the lake, and in an effort to maintain the high level of community support ad awareness, the Lake Trafford Restoration Task Force will be hosting a BBQ fundraiser in conjunction with a free concert by the United States Navy Band, County Currents. The Task Forces invite all residents to come out to Lake Trafford and participate in these festivities. DONE AND ORDERED THIS 28th Day of October, 2003. · .~ III 4 E' "', PROCLAMA TION WHEREAS, since 1957, the United Way of Collier County has sponsored and funded qualified, non-profit community agencies which provide essential social and health services to our citizens,' and, WHEREAS, throughout the 46 year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 28 community agencies providing services to all areas of our County,' and, WHEREAS, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Collier County and its member agencies. NOW THEREFORE, be it proc" Collier Coun d of County Commissioners of '03 be designated as: DWI HT E. BROCK, CLERK rr PROCLAMA TION '4F-··'~'· WHEREAS, the citizens of Collier County operate a community owned utility; and, WHEREAS, the efficiency and skill of the Collier County Wastewater personnel help to provide reliable service to our homes and businesses at the lowest possible costs; and, WHEREAS, in September 2003, a team of Collier County Wastewater Department employees competed with teams from across the State of Florida in the Hampton Roads Sanitation District Invitational Operations Challenge, where they finished 2nd place overall, thereby earning the right to compete against teams from across North America at the Water Environment Federation National Operations Challenge Competition held in Los Angeles, California, Tuesday, October 14, 2003; and, WHEREAS, "R W S Operations Challenge Team gainst 22 teams entered ed" team at this Operations WHEREAS, the 2003 Collier C known as "Ro in their D' , year s Chall Crew Leader, Specialist, , Senior Field , Plant ility, have NOW THEREFO Collie mmissioners of . e designated as and invite all citiz r in honoring these employees of the Collier County Public Utilities. We extend sincere congratulations and genuine gratitude for a job well done. DONE AND ORDERED THIS 28th Day of October 2003. DWIGHT E. BROCK, CLERK ATTEST: ~.c~ <:Ii ~ .... ..s µ. >.;;:, ...... "¡;j § ~ 0 .S U t ;... o 0 ~:.= 8õ o..U o .... .Dt.8 o ...... 8 r./) 0 o ...... r./) r./) r./) >. 8 r./) 0...... I-< 5 0..8 '"d 0 ~ CJ) r./) C':J o ~ 5ßro ;:j 8 ~"¡;j o .::: t2 ro ro ",C 8 ü ~'E o f1 1:¡::i r./) o..:.a ;:j 0 0....... I-< 0 O..c >.~ ¡:: ro ;:j 0 o ...... U .S ª"2 ~ ~ õ.~ u ~ Il)'"d ...... "''"d Cd ~ ~ ro 0""8 ~ ~ N bb o 0 ",C...... f--< . S :¿<:(~::¿¡.L¡f--<(/) O....¡ Z....¡ <:(- ....¡µ.. ..... r./) o 0.. 8 o u ~ ~ ;:j .S ............ "5 ü ü~ W€ 0 ~U o >-. ü I-< ::; ~ ~ o 0 C':J ~ á3 ~ ~~ ~~ U:¿ Il) 8 r./) ro ;:j 0 Q) I-< ~¿ï) r./) 0 r./) ~ :õ ü ro ~ ;... '2 ~ ü 0 Cd U >. ..c ü ...... bJ) 0 I-< 0 0 ~ "¡;j '(3 ~'"d 8 ~ 8<:( o u Æ ~ ...... 0 ~ ...... o ü ~~ ~O ~U ~<:«(/)f--<¡.L¡ '6B A 0= t;:< '"d'"d C C Cd Cd U....¡ ;~ §:¿ U ~ o .S '"dW §~ Uõ U ~¡.L¡O::JUf--<-OZ ·0,." A' .~~ ."7· ,~. RESOLUTION NO. 2003-377 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No, 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Albert Doria, Jr., is hereby appointed as a regular member to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2005. 2. G. Christopher Ramsey is hereby reappointed as a regular member to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term plus and additional 3 year term, said term to expire on February 14, 2007, 3, Raymond J, Bowie is hereby appointed as an alternate to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2006. This Resolution adopted after motion, second and majority vote, DATED: October 28, 2003 ATTEST: DWIGHT E.BJtO~~{CJ:etk·i¡ ~ "~ ". ' . . . ~ .. l._;:.~ j II . , :") " " '"~, , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D.C. By: TOM Approved as to form and legal sufficiency: ~~4 David C. Weigel County Attorney DCW /kn: h; public;kay; advisoryboards RESOLUTI'ON NO. 2003-378 A RESOLUTI'ON OF THE BOARD OF COUNTY COt4F,11'SSl'ONERS OF COLLTER COUNTY TO APPO1'NT C. RUSSELL WEYER TO THE COLLZER COUNTY COt4F4UNI'TY OF CHARACTER COUNCi'L WHEREAS, Collier County Ordinance No. 2001-49 adopted by the Board of County Commissioners on September 11, 2001, established the Collier County Community Of Character Council; and WHEREAS, Ordinance No. 2001-49 provides that the Council shall be composed of fifteen members and shall include representatives from the City of Naples, the City of Marco Island, Collier County Public Schools, the County Commission, and the County Sheriff's Agency, as well as religious organizations, youth organizations, rehabilitation centers, local media, local business, and other community organizations; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIVlM1~SSI~ONERS OF COLLIER COUNTY, FLOR1~DA, that G. Russell Weyer, Developer, is hereby appointed to the Collier County Community Of Character Council to fulfill the remainder of the vacant term, said term to expire on _lune 26, 2004. This Resolution adopted after motion, second and majority vote. DATED: October 28, 2003 ATTEq'ri".:-~... ........ · ~';'~ ',! '\,., .' ,,; . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY/FLORIDA BY:ToI~I-I~ EI~J]NG,~ Approved as to form and legal sufficiency: David C. WeJgel County Attorney DCW/kn;h;kay;advisory boards Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coietta District 5 3301 East Tamiami Trail · Naples, Fiorida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 November 6, 2003 John M. Passidomo Cheffy, Passidomo, et al. 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Via Facsimile U.S Mail (261-9782) and Collier County's Letter of Intent 50-acre parcel (Charles Fleischmann II1, et al.) Dear Mr. Passidomo: Thank you for your letter of October 27, 2003, addressed to Jim Mudd, expressing your client's willingness to suspend negotiations should the County be interested in acquiring the 50-acre parcel located at the northeast corner of Golden Gate Parkway and Goodlette Frank Road which is owned by the Fleischmann family. On October 28, 2003, the Board of County Commissioners discussed the prospect of acquiring this property for various public purposes. At that time the Board, by unanimous vote, directed staff to contact other agencies, in particular the City of Naples, as soon as possible in an effort to determine whether sufficient interest in this property exists leading to additional sources of funds for the purchase of your client' s property. Staff is to return to the Board with its findings. The Board also directed me to formally notify you and your client of its interest in this particular parcel of land. This letter shall serve as an expression of the County's interest in acquiring this property, provided, however, that funding sources can be identified in the upcoming weeks. To that end, I would request on behalf of the County 60 days within which to negotiate a contract for purchase. If during that time, the County is unable to obtain adequate funding assistance for the acquisition of this property, the County reserves its right to notify you in writing of its decision to terminate negotiations and there will be no further obligation between the parties relating to the purchase of this property. Please know that the Board has not ruled out the possibility of funding the purchase solely through County funds. As for the remaining time periods for due diligence and closing that you proposed, honoring those time periods would require a closing within 60 days of the effective date of contract. Given the cost, environmental sensitivity and the size of this '9[ property, the County would not be able to close in less than 100 days t¥om contract. That's assuming a full 60 days prior to Board's approval of a purchase agreement. I can appreciate your description of this matter as "urgent." As you may have noted from the Board's deliberations, the Board has expressed a genuine interest and desire to pursue this opportunity. Unfortunately, due to statutory mandates imposed upon the County for purchasing property in particular and expending public funds in general, the County is simply not able to proceed as quickly as private parties in a transaction of this nature. Please confer with your client and advise if they are willing to entertain the County's interest in the property under the terms set forth above. Thank you for your willingness to consider the County in this regard. I look forward to heating from you. TB;mardHoe~c'~ug~tCyh~o~is sio ners Collier County, Florida of CC' David C. Weigel James V. Mudd Commissioner Coletta Commissioner Coyle Commissioner Fiala Commissioner Halas MEMORANDUM Date .- November 3, 2003 To: Lyn M.Wood From Trish Morgan, Deputy Clerk Minutes & Records Department Re: Contract Bidding Documents Enclosed are three (3) original documents, as referenced above (Agenda Item #10A), approved by the Board of County Commissioners on Tuesday, September 23, 2003. If you should have any questions, you may contact me at extension #8406. Regards, Enclosures Page I ot'2 lOE ISubj: Expanded Fill Pit Hours Date: 10/23/2003 4:20:56 PM Eastern Standard Time From: drankin@sprintmail.com (Douglas Rankin) Reply-to: (Douglas Rankin) To: bigislandbill@aol.com (Bill McDaniel (E-mail)) Golden Gate Estate Area Civic Association, Inc. Douglas Rankin, President 2335 Tamiami Tr. N. #308 Naples, FI 34103 239-262-0061 Bill McDaniel Big Island Excavating RE: Expanded Fill Pit Hours of Operation Dear Mr. McDaniel: At the regular monthly meeting of the Golden Gate Estates Area Civic Association, Inc. your proposal to shift the operating hours of all fill pits in Collier County to 5:30AM to 3:30PM was brought before the membership. This was a regularly scheduled and duly called meeting at which there was significant attendance. As you know, our Association has a membership of almost 300 persons and has been in existence looking out for the interest of Golden Gate Estates residents since 1976. The members of the Association thought that shifting the hours of operation for fill pits to the aforementioned times would result in less congestion on the roads during most of hte morning rush hour, the trucks would already be well on their way to their first stop of the day and be unloading while the morning rush hour was underway and by the time they return for their next load most of the morning rush hour, including school buses would already be over. Similarly, the closing hour in the afternoon would be sure that most of the trucks wer~ off the road by the time the afternoon rush hour took place. The vote of the membership was unanimously in favor of this change. We realize this is not a perfect solution but it is better than the current hours, which pretty much ensure that trucks and the morning and evening rush hour will all be mixing. Douglas L. Rankin, President Headers Return-Path: <drankin@sprintmail.com> Received: from rly-xa06.mx.aol.com (rly-xa06.mail.aol.com [172.20.105.69]) by air-xa03.mail.aol.com (v96.10) with ESMTP id MAILINXA32-6b83f98462118; Thu, 23 Oct 2003 17:20:56-0400 Received: from avocet, mail.pas.earthlink, net (avocet. mail.pas.earthlink, net [207.217.120.50]) by rly- xa06.mx.aol.com (v97.7)with ESMTP id MAILRELAYINXA62-6b83f98462118; Thu, 23 Oct 2003 17:20:33 -0400 Received: from sdn-ap-006scfairp0476.dialspdnt, net ([63.184.241.222] helo=dougbook2) by avocet, mail.pas.earthlink, net with smtp (Exim 3.33 #1) id 1ACmsh-0004fZ-00 for bigislandbill@aol.com; Thu, 23 Oct 2003 14:20:32 -0700 Message-ID: <000801c399ac$286b967050c00000a@dougbook2> Reply-To: "Douglas Rankin" <drankin@sprintmail.com> From: "Douglas Rankin" <drankin@sprintmail.com> To: "Bill McDaniel $E-mail$" <bigislandbill@aol.com> Subject: Expanded Fill Pit Hours Date: Thu, 23 Oct 2003 17:25:17 -0400 MIME-Version: 1.0 Content-Type: multipart/altemative; Monday, October 27, 2003 America Online: Guest Page 1 of 2 ISubj: Mudd Date: 10/27/2003 10:52:50 AM Eastern Standard Time From: ewate~ouse~ arthre x. com To: bigislandbill~ eoL com, bigislandd2~ aol. com .- Forwarded by Ann Waterhousel^rthrex on 10/27/2003 10:52 AM ..- Ann Waterhouse To: bigislandbill~aol.com 10/10/2003 01:28 cc: PM Subject: Mudd Dear Bill- dudng our first monthly meeting of the Advisory Committee it was brought to the attention of the committee that your staff/drivers would appreciate being able to start earlier than 7 am. The neighborhoods of Waterways and Orangetree were not opposed, as we have seen a definite decrease in noise level due to the absence of"Jake Brakes" and more considerate drivers. At the time of the initial meeting, it was thought that a trial pedod over the remainder of the summer would be an appropriate means to potentially control traffic and improve the safety of our school children. Having lived in the Orangetree community for the past 2 years, I have definitely noticed that the large trucks on the mad dudng my morning drive slow me down and seem to enrage other drivers. I have also noticed- on occasion- the large trucks cutting through the Orangetree neighborhood- and while these are county roads, I have to believe that had they been able to approach their destination at an earlier time pedod, they would not be winding through neighborhoods when children are walking to school. I believe the earlier start could possibly stagger traffic enough that the morning rush hour would not be as congested or irritating, nor as potentially unsafe for children traveling to school. With the onset of new schools and road construction, it is my wish, as well as the wish of many in our community, to divert as much traffic dudng the hours of 7 am to 9 am from our busiest roads. Immokalee and Oil Well mad(s) fall into this category. Should it be within your power to convince the county to allow you this opportunity- whether a trial pedod is necessary or not, I support and appreciate your efforts. Thank you for bringing this matter to the attention of county officials. Ann Waterhouse President, Citrus Greens at Orangetree Homeowner's Association This e-mail and any files transmitted with it are the property of Arthrex, Inc. and/or its affiliates, are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please notify the Monday, October 27, 2003 America Online: Big island d2 sender at 239-643-5553 and delete this message immediately from your computer. Any other use, retention, dissemination forwarding, printing or copying of this e-mail is stdctly prohibited. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, while Arthrex uses virus protection, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Page 2 of 2 IOE . Headers Return-Path: <awaterhouse~arthrex.com> Received: from rly-xl03.mx.aol.com (rly-xl03.mail.aol.com [172.20.83.72]) by air-xl01 .mail.aol.com (v96.10) with ESMTP id MAILINXL11-5c13fgd3f051ce; Mon, 27 Oct 2003 10:52:50 -0500 Received: from mail.arthrex.com (mail.arthrex.com [63.144.241.10]) by rly-xl03.mx.aoLcom (v96.8) with ESMTP id MAI LRELAYINXL33-5c13f9d3f051 ce; Mon, 27 Oct 2003 10:51:33 -0400 Subject: Mudd To: bigislandbill~aol.com, bigislandd2~}aol.com X-Mailer: Lotus Notes Release 5.0.10 March 22, 2002 Message-iD: <OFE04277C8.FA37F50D-ON85256DCC'00573045-85256DcC'00573ABC~arthrex'c°m> From: awaterhouse~arthrex.com Date: Mon, 27 OCt 2003 10:52:46 -0500 X-MIMETrack: Serialize by Router on Arthrxns2/Arthrex(Release 6.0lSeptember 26, 2002) at 10/27/2003 10:48:12 AM MIME-Version: 1.0 Content-type: text/plain; charset=US-ASCll X-AOL-IP: 63.144.241.10 X-AOL-SCOLL-SCORE: 0:XXX:XX X-AO L-SCOLL-U RL_COUNT: 0 Monday, October 27, 2003 America Online: Big island d2 IOE . COLLIER COUNTY GOVERNMENT COMMUNITY DEVI~,LOP~NT AND ENVIRONMENTAL SERVICES DMSION November 8, 2002 Mr. Julio Fernandez 3333 33rd Avenue N.E., Naples, Florida 34120 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Re: Shaggy Cypress Dump Truck Concerns Dear Mr. Fernandez: I've been asked to respond to your letter of September 26, 2002 to Commissioner Jim Coletta, expressing some concern about dump truck traffic. I notice that you're from Golden Gate Estates, so I'll frame my response accordingly. The average "Unit" in Golden Gate Estates (G.G.E.) is roughly one square mile (a section) and has about 300 buildable lots, some of which (the 5 acre lots) can still be subdivided. A standard G.G.E. one-mile street can have 64 each 2 Y2 acre lots, but many lots are grandfathered in at 75' wide, so the average is really about 75 lots per one-mile street. It takes from 1600 Cubic Yards (C.Y.) to over 2000 C.Y. to build the average G.G.E house, garage, driveway, drainfield, and yard. That's about 100 truckloads of fill at 16 C.Y. per load. (F.Y.I, 1600 cubic yards of material covers one acre to a depth of one .foot). So it will take about 7500 truckloads of fill (15,000 one way trips) to build all the homes on a one-mile street in G.G.E. There are 400 such one-mile streets. We estimate that G.G.E. may be 25% built out, (7500 units out of 30,000), but we're adding about 1000 to 1500 units per year to that total at the present time and that rate seems to be increasing. That's 200,000 to 300,000 one-way truck trips per year just to fill those house lots. Coupled with these residential projects are commercial and road building projects that use substantial amounts of fill. We have fill sources, large and small, scat{ered throughout the County in an attempt to cut down haul distance road miles. Naturally, some of those sources will be near residences. PHONE (941) 659-5744 FAX (941) 643-6968 www. co.collier, fl.m: Dump Truck Hauling November 8, 2002 Page 2 IOE The specific pit you refer to was permitted as Winchester Lake. It has recently changed hands and the new owner has renamed it Shaggy Cypress and is apparently digging and selling fill more efficiently than the original owner. One advantage of digging faster is that the pit will not be open for as many years. The opposing disadvantage is that the number of daily truck trips increases. He wants permission to begin operation earlier to avoid morning rush hour. We told him that it requires BCC permission to change hours of operation. The executive summary for Winchester Lake approved in October 1998 estimated that 19 million C.Y. would be removed over the span of 30 years. The owner's present estimate is about two million C.Y. per year, which, if he keeps it up, will result in a 10- year lifespan. Approximately 85% of this county is owned by various governmental agencies. The remaining 300 square miles is shared by a variety of uses, and fill pits are a necessary evil. We welcome suggestions as to where future pits should be situated, but even if we eventually obtain all our fill from Lee County, there will still be a large number of dump trucks using County roads for years to come. If you should have any additional questions please contact me at 239-659-5751 '$tan (.;nrzanov~sKi, P.E., Senior Engineer C: Commissioner Jim Coletta, District 5 Bill McDaniel Steve Wander, Engineer Thomas E. Kuck, P.E., Engineering Services Director/County Engineer Joseph K. Schmitt, Community Dev. & Environmental Svcs. Administrator Michelle Arnold, Code Enforcement Director Engineering Services Reading File Big Island Excavating, Inc. 7000 Big Island Ranch Road Naples, FI 34120 PHONE 2~9-4~5-1218 FAX 455-6635 ****PLEASE**** DO NOT USE MOTOR BRAKES IN RESIDENTIAL AREAS **PORFAVOR** NO USE EL FRENO DE AIRE EN LAS AREAS RESIDENCIALES COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION. TRANSPORTATION OPERATIONS DEPARTMENT April 4, 2003 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Mr. William L. McDaniel, Jr. Big Island ExcaVating 7000 Big Island Ranch Road Naples, FL 34120 Re: Traffic Counts, Immokalee Road (CR 846) Dear Mr. McDaniel: As you requested, enclosed is the 2002 traffic volume data for the traffic count station located on CR 846 just south of Oil Well Road (CR 858). I have also enclosed some graphs that show the general traffic trends and volumes along that road segment. There are three graphs: one showing the combined northbound and southbound traffic; and, separate graphs for each direction. These graphs are for the first quarter of 2002 since that is typically the busiest time of year. At the meeting next week, I hope to have additional information of this nature to show how changing the hours slightly for fill trucks might help alleviate some of the morning' and evening congestion. I look forward to seeing you then. ? Very truly yours,~~~/, ~rdWan sarpdo Jrt' ~iati~n Operations Director Robert W. Tipton, P.E., Traffic Operations Manager Norman E. Feder, AICP, Transportation Administrator Connie Deane, Transportation Services Division Community Liaison File: Immokalee Road (Truck traffic) Enclosures as stated: Station 586 counts for 2002 and three graphs ].OE 0 0'~ 0 .-r. o ooi 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 Volume 0 mil 0 0100 0200 0300 O4O0 0500 0600 0700 0800 0900 1000 1100 1200 130O 1400 1500 1600 1700 1800 19OO 2000 2100 2200 2300 2400 Volume 0 0 0 0 0 0 z~- ~ o 0 0100 0200 0300 0400 0500 0600 070O 0800 0900 1000 1100 1200 300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 Volume "'",,4 :3'0 0" e~ 0 ~ 0 0 1OF Date: October 29, 2003 To: Randall Cohen, Community Development From: Ann Jenneohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-379 Enclosed please find one document as referenced above, Agenda Item #10F, approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure RESOLUTION NO. 03 -____3 7 9 A RESOLUTION BY' THE BOARD OF' COUNTY' COMMISSIONERs OF' COLLIER COUNTY', F'LORIDA, REPLACING IN F'ULL RESOLUTION NO. 03-232; SUPPORTING MARCH PERF'ORMANCE, INC., AS A QUALIF'IED APPLICANT PURSUANT TO SECTION 288.106, F'LORIDA STATUTES; ASSUMING ROADWAY MAINTENANCE RESPONSIBILITIES F'OR A ROAD TO BE CONSTRUCTED INTO THE NORTH NAPLES RESEARCH AND TECHNOLOGY' PARK AS REQUIRED BY' SECTION 288.063, F'LORIDA STATUTES; AND PROVIDING F'OR AN EF'F'ECTIVE DATE. WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value-added employment and the economic base by providing economic inducements to qualified targeted industries that create high-wage job opportunities; and WHEREAS, March Performance currently has its operations and corporate headquarters in Michigan but is considering a move to Collier County, Florida; and WHEREAS, March Performance will create up to 40 net new jobs in Collier County by March, 2004; and the average wage for the additional jobs will total $54,570.00, which is 185% of the Collier County's 2000 average wage; and WHEREAS, Collier County has applied for $200,000 in funding from the State of Florida through the Economic Development Transportation Fund as an enticement for March Performance, a manufacturer and designer of components for high performance automobiles, to locate to Collier County, Florida; and WHEREAS, Collier County was awarded $200,000 in grant funding from the State of Florida through the Economic Development Transportation Fund to construct a 2-lane access road from Old U.S. 41 to the proposed site of March Performance in the newly designated North Naples Research and Technology Park, along with left and right turn lanes on Old U.S. 41 at the access road ("the Project"); and WHEREAS, construction for this Project will be contracted out by either the County or the developer of the Project, as outlined in County bid procedures; and WHEREAS, after construction, the new roadway will become a part of the County transportation system; 1 of 2 WHEREAS, the State requires County as the grantee, to provide a resolution, adopted by the Board of County Commissioners, accepting maintenance responsibility of said transportation improvements; and WHEREAS, it is the intent of Collier County to assume maintenance responsibility of the new roadway as required by Section 288.063, Florida Statutes; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby assume future roadway maintenance responsibility for the Project's access road located at the entrance into and on the North Naples Research and Technology Park. BE IT FURTHER RESOLVED that the necessary commitment of local support contingent on March Performance maintaining the jobs during the life of the incentive and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County community. This Resolution adopted after motion, second and majority vote favoring same. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Tom Hennmg, Chmrman Approved as to form and legal sufficiency: Assistant County Attorney 2 of 2 RESOLUTION 2003-380 106 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FINDING NO OBJECTION TO THE CREATION OF THE BIG CYPRESS STEWARDSHIP DISTRICT. WHEREAS, the Collier County Board of County Commissioners (Board) has been presented with a proposal relating to the creation of the Big Cypress Stewardship District (District), an independent special district, within the Rural Lands Stewardship Area (RLSA) by Special Act; and WHEREAS, the Board previously appointed the Eastern Lands Area Oversight Committee (ELAC) to conduct a Rural and Agricultural Area Assessment (Immokalee Area Study) of lands which would, in part, comprise the District; and WHEREAS, the ELAC's Immokalee Area Study recommended the adoption of a Rural Lands Stewardship Area Overlay Amendment (Amendment) to the Collier County Growth Management Plan (GMP); and that Amendment has been adopted by the Board and found in compliance by the Department of Community Affairs; and WHEREAS, the Board more recently adopted the RLSA Zoning Overlay District (Overlay) and corresponding land development regulations in Section 2.2.27 of its Land Development code (LDC) which implement the Amendment by establishing a long-range stewardship land use program for approximately 300 square miles of Collier County's rural eastern lands so as to promote agriculture, protect wetland flowways and upland habitat, and directs growth to suitable locations through an innovative system of Stewardship Credits; and WHEREAS, the GMP and LDC allow for development in the RLSA and Overlay that can be serviced utilizing a single integrated plan of public infrastructure construction, maintenance, and operation; and WHEREAS, the creation of the District by the Special Act will provide for a public financing mechanism for public infrastructure and services without competing with other County providers in a portion of the currently undeveloped RLSA and Overlay; and WHEREAS, the creation of an independent special district under Florida Statutes Chapter 189 (2003), is a method of providing public infrastructure and services within the RLSA and Overlay for the development of anticipated rural villages, towns, and hamlets; and WHEREAS, the District's creation will also provide a mechanism for the preservation and management of those lands entered into the system of Stewardship Credits, as well as any lands set aside for mitigation purposes; and WHEREAS, the Special Act creating the District will require the District and the Board to enter into an Interlocal Service Delivery Agreement providing for a fee simple donation of road right-of-way by and a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect; and WHEREAS, Section 189.404(2)(e), Florida Statutes (2003), requires a resolution or official statement from the Collier County Board of County Commissioners or County Manager stating that the District's creation is consistent with the County's adopted comprehensive plan and that the County has no objection to the Districts' creation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The creation and establishment of the Big Cypress Stewardship District pursuant to the proposed Special Act, in the form attached hereto as Attachment A, is consistent with the Collier County Growth Management Plan and Land Development Code. 2. The Board has no objection to the creation and establishment of the District. o The Board's adoption of this Resolution is conditioned on the continuing existence of the following provisions in the finally adopted text of the Special Act: (a) Any proposed amendment of this Act which deals expressly with the requirements that the District is subject to and may not conduct itself in any manner that is inconsistent with the County's comprehensive plans and land development regulations shall not be considered by the legislature unless such amendment is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County. (b) The District and Collier County shall enter into an Interlocal Service Delivery Agreement providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of county arterial and collector roads within and proximate to the District within 90 days of the Act taking effect. The adoption of the Resolution is also conditioned on Collier Enterprises, Inc. entering into an agreement with the County for the fee simple donation of road-right- of-way, to supplement County owned right-of-way, sufficient to accommodate a six lane cross section on Immokalee Road and Oil Well Road, and acceptance of storm water retention along Immokalee Road and Oil well Road, within 30 days of enactment of the bill establishing the District. Road impact fee credits will not be granted by the County in exchange for donated right-of-way. The agreement shall only take effect upon the proposed legislation becoming law. lOfJ THIS RESOLUTION ADOPTED this 28 day of October after a motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT Attest as st~at~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA TOM HENNING, Chairman Approved as to form and legal sufficiency: ~eidi F. Ashton Assistant County Attorney DRAFT November 17, 2003 A bill to be entitled An act relating to the Big Cypress Stewardship District; creating and establishing an independent special district in Collier County to be known as the Big Cypress Stewardship District; creating a charter; providing for minimum charter requirements; describing the boundaries of the District; providing for Supervisor qualifications, terms of office, election procedures, and compensation; providing powers; providing for liberal construction; providing for severability; providing for a referendum; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. The Big Cypress Stewardship District, an independent special district in Collier County, is created and established, pursuant to chapters 189 and 298, Florida Statutes, and the charter for such district is created to read: Section 1. District establishment and boundaries.--For the purposes of providing public infrastructure, services, the assessment, levy, and collection of taxes, non-ad valorem assessments and fees, the operation of District facilities and services, and all other purposes stated in this act consistent with chapters 189 and 298, Florida Statutes, and other applicable general law, an independent stewardship district is hereby created and established in Collier County, Florida, to be known as the Big Cypress Stewardship District, the territorial boundaries of which shall be as follows, to-wit: All Those Parts of Townships 47, 48 And 49 South, Range 28 East, Collier County, Florida, Being More Particularly Described As Follows: All of Section 14, Township 47 South, Range 28 East, Collier County, Florida, Less 100 Acres Of Land More Or Less As Described In Official Records Book 2496, Page 660, Public Records Of Collier County, Florida; (540 Acres +_) And All of Sections 23, 24, 25, 26 And 27, Township 47 South, Range 28 East, Collier County, Florida Less Right Of Way For C.R. 846, (Immokalee Road); (3165 Acres +_) And 1 t o(-- lO- -..,- November 17, 2003 All of Section 28, Township 47 South, Range 28 East, Collier County, Florida, Lying South Of C.R. 846 (Immokalee Road) And Lying North And East of Oil Well Grade Road; (132 Acres _+) And All of Sections 34 And 35, Township 47 South, Range 28 East, Collier County, Florida; (1280 Acres +_) And The Westerly 520 Acres of Sections 1 And 12, Township 48 South, Range 28 East, Collier County, Florida; (1040 Acres +) And All of Sections 2, 3, 10, And 11 of Township 48 South, Range 28 East, Collier County, Florida; (2560 Acres _+) And All of Section 13, Township 48 South Range 28 East, Collier County, Florida Less The Southeast One-Quarter ( lA ) of Said Section 13 And Less The South 50.00 Feet of The Southwest One-Quarter of Said Section 13 For Road Right Of Way And Less The Easterly 60.00 Acres of The Northeasterly One-Quarter ( lA ) of Said Section 13; (416.97 Acres +) And All of Sections 14 And 15, Township 48 South, Range 28 East, Collier County, Florida Less The Southerly 50.00 Feet For Road Right Of Way Purposes As Described In Official Records Book 154, Page 529; (1253.87 Acres +) And All of Section 22, Township 48 South, Range 28 East, Collier County, Florida, Less The Northerly 50.00 Feet For Right Of Way Purposes As Described In Official Records Book 154, Page 529 Public Records of Collier County, Florida; (633.94 Acres _+) And All of Sections 23 And 24, Township 48 South, Range 28 East, Collier County, Florida Less Road Right Of Ways; (1256 Acres +) And DRAFT November 17, 2003 10G All of Sections 25, 26, 27, 34, 35 And 36, Township 48 South, Range 28 East, Collier County, Florida; (3840 Acres _+) And The West One-Half ( V2 ) Of Section 1, Township 49 South, Range 28 East, Collier County, Florida; (493.66 Acres +_) And All of Sections 2, 3, 10, 11 And 15, Township 49 South, Range 28 East, Collier County, Florida; (3878.23 Acres _+) And All of Sections 22 And 27, Township 49 South, Range 28 East, Collier County, Florida, Less the Ford Test Track PUD; (1163.42 Acres +) And All Of Section 34, Township 49 South, Range 28 East, Collier County, Florida, Less The Ford Test Track PUD And Less Official Records Book 2239, Page 144; (47.70 Acres +) Containing a Total Acreage of 21,700.79 Acres of Land More Or Less; Section 2. Provisions of other laws made applicable.--The provisions of chapters 189 and 298, Florida Statutes, and all of the laws amendatory thereof, now existing or hereafter enacted are hereby declared to be applicable to the Big Cypress Stewardship District. The Big Cypress Stewardship District shall have all of the powers and authorities mentioned in or conferred by chapters 189 and 298, Florida Statutes, as they may be amended from time to time. Section 3. Powers of the District; compliance with county plans and regulations.-- (1) The District shall have the following powers: (a) To sue and be sued by its name in any court of law or in equity, to make contracts, to adopt and use a corporate seal and to alter the same at pleasure; (b) To acquire by purchase, gift, or condemnation real and personal property, either or both, within or without the district, and to convey and dispose of such real and personal property, either or both, as may be necessary or convenient to carry out the purposes, or any of the purposes, of this act, and chapters 189 and 298, Florida Statutes. Provided however, initiation of condemnation proceedings outside the boundaries of the District shall require the prior approval by a supermajority of four votes of the Collier County Commission; 3 DRAFT November 17, 2003 (c) To construct, operate, and maintain canals, ditches, drains, levees, lakes, ponds, and other works for water management and control purposes; (d) To acquire, purchase, operate, and maintain pumps, plants, and pumping systems for water management and control purposes; (e) To construct, operate, and maintain irrigation works, machinery, and plants; (f) To construct, improve, pave, and maintain roadways and roads necessary and convenient for the exercise of the powers or duties or any of the powers or duties of the District or the supervisors thereof; and to include as a component of roads, parkways, bridges, landscaping, irrigation, bicycle and jogging paths, street lighting, traffic signals, road striping, and all other customary elements of a modern road system; (g) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for providing transportation throughout the District, including private or contract carriers, buses, vehicles, railroads, and other transportation facilities, to meet the transportation requirements of the District in activities conducted within the District; (h) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain parking facilities within the District boundaries; (i) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; (j) To acquire, construct, finance, operate, and maintain water plants and systems to produce, purify, and distribute water for consumption; (k) To acquire, construct, finance, operate, and maintain sewer systems for the collection, disposal, and reuse of waste and to prevent water pollution in the District; (1) To levy ad valorem taxes, non-ad valorem assessments, prescribe, fix, establish, and collect rates, fees, rentals, fares, or other charges, and to revise the same from time to time, for the facilities and services furnished or to be furnished by the District and to recover the cost of making connection to any District facility or system; (m) To provide for the discontinuance of service and reasonable penalties including attorney's fees, against any user or property for any such rates, fees, rentals, fares, or other charges that become delinquent and require collection. However, no charges or fees shall be established until after a public hearing of the board at the District at which all affected persons shall be given an opportunity to be heard; (n) To enter into agreements with any person, firm, or corporation for the furnishing by such person, firm, or corporation of any facilities and services of the type provided for in this act; 4 DRAFT November 17, 2003 (o) To enter into impact fee credit agreements with local general-purpose governments. In the event the District enters into an impact fee credit agreement with a local general purpose government where the District constructs or makes contributions for public facilities for which impact fee credits would be available, the agreement may provide that such impact fee credits shall inure to the landowners within the District in proportion to their relative assessments, and the District shall, from time to time, execute such instruments (such as assignments of impact fee credits) as may be necessary or desirable to accomplish or confirm the foregoing. (p) To construct and maintain facilities for and take measures to control mosquitoes and other arthropods of public health importance; (q) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for conservation areas, mitigation areas and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (r) To borrow money and issue negotiable or other bonds of the District as hereinafter provided; to borrow money, from time to time, and issue negotiable or other notes of the district therefore, bearing interest at not exceeding the maximum interest allowable by law, in anticipation of the collection of taxes, and assessments or revenues of the district, and to pledge or hypothecate such taxes, assessments, and revenues to secure such bonds, notes, or obligations, and to sell, discount, negotiate, and dispose of the same; (s) To provide public safety, including, but not limited to, security, guardhouses, fences and gates, electronic intrusion detection systems and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such service within the District boundaries; (t) To provide systems and facilities for fire prevention and control and emergency medical services, including the construction or purchase of fire stations, water mains and plugs, fire trucks, and other vehicles and equipment consistent with any adopted Collier County ordinances, rules, or regulations; (u) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional systems and facilities for school buildings and related structures pursuant to this act and chapter 1013, Florida Statutes, which may be leased, sold, or donated to the school district for use in the educational system when authorized by the District school board; (v) To establish and create such departments, committees, boards or other agencies, including a public relations committee, as from time to time the Board of Supervisors may deem necessary or desirable in the performance of the acts or other things necessary to the exercise of the powers provided in this act, and to delegate to such departments, boards, or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable; and 5 DRAFT November 17, 2003 (w) To exercise all other powers necessary convenient or proper in connection with any of the powers or duties of the District stated in this act. The powers and duties of the District shall be exercised by and through the Board of Supervisors thereof, which board shall have the authority to employ engineers, attorneys, agents, employees, and representatives as the Board of Supervisors may, from time to time, determine, and to fix their compensation and duties. However, in addition thereto, the District shall have all of the powers provided for in chapter 298, Florida Statutes, as amended from time to time. All powers and authority of the District shall extend and apply to the District as a whole and to each unit of development as, from time to time, may be designated by the Board of Supervisors. (2) Notwithstanding any authority contained within this section, the development, operation, or maintenance of any District facilities or services shall comply with the adopted comprehensive plan for Collier County and any adopted land development regulations or specialized plans adopted which apply within the geographic boundaries of the District, including the Collier County Growth Management Plan and all plans of the Metropolitan Planning Organization as they may apply to the projects and activities authorized pursuant to Section 3 of this act. Section 4. Sale of real estate within the district; required disclosure to purchaser.-- Subsequent to the establishment of the district under this act, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in bold-faced and conspicuous type which is larger than the type in the remaining text of the contract.: "THE BIG CYPRESS STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." Provided further, prior to the subdivision and sale or transfer of any assessable property within the District, the owner of land to be sold or transferred shall record the notice contained in this section in the official records of Collier County as a covenant to run with the transferred property. Section 5. Board of Supervisors, organization, powers, duties, and terms of office.-- (1) There is hereby created a Board of Supervisors of Big Cypress Stewardship District, which shall be the governing body of the District. The Board of Supervisors shall consist of five (5) persons, who, except as herein otherwise provided, shall hold office for the term of three (3) years and until their successors shall be duly elected and qualified. DRAFT November 17, 2003 (2) Except as provided in Section 5.(3) herein, the election of the District's Board of Supervisors shall be on a one acre-one vote basis pursuant to section 298.11, Florida Statutes, as it may be amended from time to time. Each year during the month of June, a Supervisor or Supervisors shall be elected, as hereinafter provided, by the landowners of the District to fill the seat or seats of Supervisors whose terms have expired. All vacancies or expirations on the board shall be filled as required by this act and chapter 298, Florida Statutes. The Supervisors of the Big Cypress Stewardship District shall be residents of the State of Florida and citizens of the United States. In case of a vacancy in the office of any Supervisor, the remaining Supervisors may fill such vacancy until the next annual meeting of the landowners, when his or her successor shall be elected by the landowners for the unexpired term. As soon as practicable after their election, the Board of Supervisors of the District shall organize by choosing one of their number president of the Board of Supervisors and by electing some suitable person secretary, who may or may not be a member of the Board. The Board of Supervisors shall adopt a seal, which shall be the seal of the District. At each annual meeting of the landowners of the District, the Board of Supervisors shall report all work undertaken or completed during the preceding year, and the status of the finances of the District. (3) At the initial landowners meeting, the landowners shall, at such election, determine the length of the terms of office of each initial supervisor so elected by them. Respectively, there shall be one-one year term, two-two year terms, and two-three year terms. Thereafter, all terms of Supervisors shall be for three years. Provided, however, one three year Supervisor position shall not be elected by the landowners. Upon the election of four Supervisors and organization of the Board, the Board shall appoint the fifth Supervisor for a three year term. The appointed member shall be a representative of an environmental organization based in Collier County who shall not be a District landowner. An appointed Supervisor shall be reappointed every three years thereafter following the annual landowners' meeting as prescribed herein until qualified electors of the District have approved the election conversion provisions of Section 189.4051, F.S. Subsequent to elector approval, the appointed Supervisor shall be replaced at the end of his term by an elected Supervisor elected pursuant to Section 298.11, F.S., at an annual landowners' meeting, all Supervisors shall serve until their successors shall have been elected or appointed and qualified. (4) All Supervisors shall hold office until their successors shall be elected and qualified. Whenever any election shall be authorized or required by this act to be held by the landowners at any particular or stated time or day, and if for any reason such election shall not or cannot be held at such time or on such day, then in such event and in all and every such event, the power or duty to hold such election shall not cease or lapse, but such election shall be held thereafter as soon as practicable and consistent with this act. (5) Prior to taking any District action, a quorum must be present. Quorum for District meetings is three Supervisors. Section 6. Compensation of Board; Per Diem.--The Board of Supervisors may be compensated pursuant to section 298.14, Florida Statutes, as it may be amended from time to time. The Board of Supervisors may, by resolution, adopt a rate of reimbursement for travel, mileage and meals DRAFT November 17, 2003 ~.~ for Board members and district employees and representatives on official District business pursuant to general applicable law. Section 7. Annual Landowners Meeting; Election of Supervisors.--A landowners meeting shall be held each year during the month of June, beginning with June 2004. The purpose of this meeting is to hold an election pursuant to section 4 of this act and for the Board of Supervisors to make any District reports. Section 8. Taxes; non-ad valorem assessments.-- (1) AD VALOREM TAXES.--The Board of Supervisors, subject to referendum approval pursuant to Art. VII, s. 9 of the State Constitution, shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the District to pay the principal of and interest on any general obligation bonds of the District, to provide for any sinking or other funds established in connection with any such bonds, and to pay the costs for construction or maintenance of any of the projects or activities of the District authorized by the provisions of this act or applicable general law. The total amount of such ad valorem taxes levied in any year shall not be in excess of ten (10) mills on the dollar per annum on the assessed value of the taxable property within the District. The ad valorem tax provided for herein shall be in addition to county and municipal ad valorem taxes provided for by law. (2) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem assessments for the construction, operation, or maintenance of District facilities, services, and operations shall be assessed, levied, and collected pursuant to chapter 298, chapter 170, or chapter 197, Florida Statutes, as amended from time to time. (3) TAXES, ASSESSMENTS, AND COSTS, A LIEN ON LAND AGAINST WHICH ASSESSED, ETC.--All taxes and assessments provided for in this act, together with all penalties for default in payment of the same, all costs in collecting the same, shall, from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for county taxes, and other taxes of equal dignity with county taxes, upon all the lands against which such taxes shall be levied as is provided in this chapter. (4) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR AND CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax Collector and Clerk of the Circuit Court of Collier County shall be entitled to compensation for services performed in connection with taxes and assessments of the District as provided by general law. (5) LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN ONE (1) ACRE.--In levying and assessing all assessments, each tract or parcel of land less than one (1) acre in area shall be assessed as a full acre, and each tract or parcel of land more than one (1) acre in area which contains a fraction of an acre shall be assessed at the nearest whole number of acres, a fraction of one half or more to be assessed as a full acre. DRAFT November 17, 2003 Section 9. When unpaid taxes and assessments delinquent; penalty.--All taxes and assessments provided for in this act shall be and become delinquent and bear penalties on the amount of the taxes in the same manner as county taxes. Section 10. Enforcement of taxes and assessments.--The collection and enforcement of all taxes and assessments levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes, the redemption thereof, the issuance to individuals of tax deeds based thereon, and all other procedure in connection therewith, shall be applicable to the District and the delinquent and unpaid taxes of the District to the same extent as if the statutory provisions were expressly set forth in this act. All taxes and assessments shall be subject to the same discounts as county taxes. Section 10. (1) ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND ANTICIPATION NOTES.-- (a) In addition to the other powers provided the District, and not in limitation thereof, the District shall have the power, pursuant to this act, chapter 298, Florida Statutes, and applicable general law as amended from time to time, at any time, and, from time to time, after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. (b) Pursuant to chapter 298, Florida Statutes, and applicable general law as amended from time to time, the District shall have the power to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the purpose of financing those systems and facilities provided for in section 3 of this charter. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from non-ad valorem assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. (c) Any issue of bonds may be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the District in relation to: the acquisition, construction, reconstruction, Stewardship, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges, and the custody, safeguarding, and application of all moneys and for the DRAFT November 17, 2003 employment of consulting engineers in connection with such acquisition, construction, reconstruction, Stewardship, maintenance, repair, or operation. (d) Bonds of each issue shall be dated; shall bear interest at such rate or rates, including variable rates, which interest may be tax exempt or taxable for federal income tax purposes; shall mature at such time or times from their date or dates; and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be determined by the board. (e) The District shall have the power to issue bonds for the purpose of refunding any outstanding bonds of the District. (2) GENERAL OBLIGATION BONDS.-- (a) Pursuant to this act, the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of thirty-five percent (35%) of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the Board of Supervisors. (b) The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and met unconditionally and irrevocably pledge itself to ad valorem taxes on all taxable property within the District, to the extent necessary for the payment thereof, without limitations as to greater amount. (c) If the board determines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and all such projects may be submitted to the elector on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more of the capital projects shall not defeat the approval of bonds for any capital project that has been approved by the electors. (d) In amving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of: 1. Special assessments levied in the amount sufficient to pay the principal and interest on a general obligation bond so additionally secured, which assessments have been equalized and confirmed by resolution or ordinance of the board pursuant to section 170.08, Florida Statutes. 10 DRAFT November 17, 2003 2. Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bond so additionally secured. 3. Any combination of assessments and revenues described in subparagraphs 1 and 2. Section 12. Minimum charter requirements.-- (1) The District is organized and exists for all purposes set forth in this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (2) The powers, functions, and duties of the District regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements shall be as set forth in chapters 170, 189, and 298, Florida Statutes, or any other applicable general or special law, as they may be amended from time to time. (3) The District is created by special act of the Florida Legislature, in accordance with chapters 189 and 298, Florida Statutes. (4) The District's charter may be amended only by special act of the Legislature. (5) In accordance with chapter 189, Florida Statutes, this act, and section 298.11, Florida Statutes, the District is governed by a five-member board, elected on a one-acre, one-vote basis by the landowners in the District. The membership and organization of the board shall be as set forth in this act and chapter 298, Florida Statutes, as they may be amended from time to time. (6) The compensation of board members shall be governed by this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (7) The administrative duties of the Board of Supervisors shall be as set forth in this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. (8) Requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per-diem expenses for officers and employees shall be as set forth in this act, chapters 112, 189, 286, and 298, Florida Statutes, as they may be amended from time to time. (9) The procedures and requirements governing the issuance of bonds, notes, and other evidence of indebtedness by the District shall be as set forth in this act and chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (10) The procedures for conducting District elections and for qualification of electors shall be pursuant to this act and chapters 189 and 298, Florida Statutes, as they may be amended from time to time. 11 DRAFT November 17, 2003 (11) The District may be financed by any method established in this act, chapter 298, Florida Statutes, and applicable general laws, as they may be amended from time to time. (12) The methods for collecting non-ad valorem assessments, fees, or service charges shall be as set forth in chapters 197 and 298, Florida Statutes, and other applicable general laws as they may be amended from time to time. (13) The District's planning requirements shall be as set forth in this act. (14) The District's geographic boundary limitations shall be as set forth in this act. (15) The district and Collier County shall, within 90 days of referendum approval of this act as provided in Section 14, enter into an interlocal agreement with Collier County providing for a fair share capital construction funding contribution for the long-range traffic capacity improvements of County arterial and collector roads within and proximate to the District. The agreement may be amended by mutual consent of the parties. (16) Any subsequent amendment to this act exempting or otherwise relieving the district of any requirements of Section 189.4155(1), F.S. shall require a resolution or official statement from Collier County pursuant to Section 189.404(2)(e)4., F.S., confirming compliance with the adopted comprehensive plan and no objection to the amendment. (17) Any application for federal, state or local government grant monies for which Collier County is also eligible pursuant to applicable rules and regulations shall require a resolution by the County Commission or written statement of no objection from the County's chief executive officer prior to filing the application. Section 13. In case any one or more of the sections or provisions of this act or the application of such sections or provisions to any situations, circumstances, or person shall for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this act or the application of such sections or provisions to any other situation, circumstance or person, and it is intended that this law shall be construed and applied as if such section or provision had not been included herein for any unconstitutional application. Section 14. This section shall take effect upon this Act becoming a law, and the remaining sections shall take effect upon approval by a majority vote of the owners of land within the District not exempt from ad valorem taxes or non-ad valorem assessments present at a landowners meeting to be held within 20 days of this section becoming a law. In such election, each assessable acre or fraction thereof present in person or by proxy shall be counted as one vote. 12 RESOLUTION 2003-381_ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FINDING NO OBJECTION TO THE CREATION OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT. WHEREAS, the Collier County Board of County Commissioners (Board) has been presented with a proposal relating to the creation of the Ave Maria Stewardship Community District (District), an independent special purpose, within the Rural Lands Stewardship Area (RLSA) by Special Act; and WHEREAS, Barron Collier Company has made available approximately nine-hundred five (905) acres to the Ave Mafia University Foundation for the institution and operation of a private university known as Ave Mafia University with a full slate of under-graduate, graduate and professional programs with related cultural, recreational and other activities, benefits and programs for providing teaching, research and public service to southwest Florida, the State of Florida and the nation; and additional lands surrounding and immediately contiguous to the university property on which Barron Collier is building the Ave Maria community development. WHEREAS, the Board previously appointed the Eastern Lands Area Oversight Committee (ELAC) to conduct a Rural and Agricultural Area Assessment (Immokalee Area Study) of lands which would, in part, comprise the District; and WHEREAS, the ELAC's Immokalee Area Study recommended the adoption of a Rural Lands Stewardship Area Overlay Amendment (Amendment) to the Collier County Growth Management Plan (GMP); and that Amendment has been adopted by the Board and found in compliance by the Department of Community Affairs; and WHEREAS, the Board more recently adopted the RLSA Zoning Overlay District (Overlay) and corresponding land development regulations in Section 2.2.27 of its Land Development code (LDC) which implement the Amendment by establishing a long-range stewardship land use program for approximately 300 square miles of Collier County's rural eastern lands so as to promote agriculture, protect wetland flowways and upland habitat, and directs growth to suitable locations through an innovative system of Stewardship Credits; and WHEREAS, the GMP and LDC allow for development in the RLSA and Overlay that can be serviced utilizing a single integrated plan of public infrastructure construction, maintenance, and operation; and WHEREAS, The provision of services by this independent district must implement, be subject to, and function not inconsistent with, any applicable provisions of the Stewardship Overlay Area and related permitting and planning requirements of Collier County and of the Collier County Comprehensive Plan and all applicable land development regulations including the rural lands overlay regulations in order to constitute the highly specialized Overlay, available to both the private and public sectors and to implement the assurance of fiscal neutrality provided and encouraged by the rural lands overlay regulation section 2.2.27. IOIA; WHEREAS, the creation of the District by the Special Act will provide for a public mechanism for public infrastructure systems, facilities and services without competing with other County providers in a portion of the currently undeveloped RLSA and Overlay; and WHEREAS, the creation of an independent special district under Florida Statutes Chapter 189 (2003), is a method of providing public infrastructure and services within the RLSA and Overlay for the development of anticipated rural villages, towns, and hamlets; and WHEREAS, the District's creation will also provide a mechanism for the preservation and management of those lands entered into the system of Stewardship Credits, as well as any lands set aside for mitigation purposes; and WHEREAS, Section 189.404(2)(e), Florida Statutes (2003), requires a resolution or official statement from the Collier County Board of County Commissioners or County Manager stating that the District's creation is consistent with the County's adopted comprehensive plan and that the County has no objection to the Districts' creation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The creation and establishment of the Ave Maria Stewardship Community District pursuant to the proposed Special Act, in the form attached hereto as Attachment A, is consistent with the Collier County Growth Management Plan and Land Development Code. 2. The Board has no objection to the creation and establishment of the District. o The Board's adoption of this Resolution is conditioned on the continuing existence of the following provisions in the finally adopted text of the Special Act: ao Any proposed amendment of this Act which deals expressly with the requirements that the District is subject to and may not conduct itself in any manner that is inconsistent with the County's comprehensive plans and land development regulations shall not be considered by the legislature unless such amendment is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County, provided any other amendments on any other provision in, or subject dealing with, this Act do not require any resolution of the Board of County Commissioners of Collier County. bo The District, as created by the Act, will carry out any conditions of any applicable community development approval or development order as to the landowner or developer, such as a development of regional impact development order, that relates to the provisions of infrastructure negotiated between the county and the developer, including roads and other on-site and off-site improvements. THIS RESOLUTION ADOPTED this ~ day of azzc_t_t:~.x_ after a motion, second and majority vote favoring same. DATED: ATTEST: ~ * Attest as to CS~t~:'S~ s~ature ~1~. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: T6M--~'NNIN~ Chairman- Approved as to form and legal sufficiency: Hdidi F- Xshton Assistant County Attorney Bill A bill to be entitled An act relating to the creation of the "Ave Maria Stewardship Community District" in the Collier County Political Subdivision; creating a short title; providing for findings, determinations, ascertainments, intent, purpose, definitions and policy; creating the District as a special, limited and single purpose independent district, an independent local government and corporate body politic, to provide community development infrastructure to the Ave Maria community development in that certain portion of the unincorporated area of the Collier County political subdivision within and subject to the Growth Management Plan Rural Lands Stewardship Area Zoning Overlay District in Eastern Collier County; providing for authority, boundaries, jurisdiction and the charter for the District; creating the charter of the District; providing for the applicability of provision of chapter 189, Florida Statutes, and other general laws; providing that this Act shall take precedence over any conflicting laws to the extent of such conflict; providing for severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Short title. --This Act may be cited, and shall be known, as the "Ave Maria Stewardship Community District Act". Section 2. Preamble: Legislative definitions and policy. (1) findings, ascertainments, determinations, intent, purpose, Legislative findings. (a) The Eastern area of unincorporated Collier County is unique and special with natural resources that need protection and with the need to retain a viable agricultural system while protecting private property rights and promoting a sound economy. (b) Collier County, with the approval of the Governor and members of the Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, established a designated Rural Lands Stewardship Area Zoning Overlay District in order to implement an innovative, specialized and incentive-based Collier County Rural Lands Stewardship A.~at~.} Overlay as part of the Collier County Growth Management Plan. (c) In implementing both protection of natural resources and retention of viable agriculture, the Rural Lands Stewardship Area District Overlay: promotes compact rural mixed- used development as an alternative to low-density single use development; and establishes a system of generating Stewardship Credits in a designated Stewardship Sending Area and transferring them to a designated Stewardship Receiving Area within which new town communities may be created and developed with a full range of housing types and a full mix of uses with urban level services and infrastructure which support specialized development that is compact, mixed-use, human-scale and that balances land uses to reduce automobile trips and to increase livability. (d) This comprehensive system anticipates new land uses to include unincorporated new town community development and the related highly specialized provision of basic infrastructure systems, facilities and services. (e) Barron Collier Company has made available approximately nine-hundred five (905) acres to the Ave Maria University Foundation for the institution and operation of a private university known as Ave Maria University with a full slate of under-graduate, graduate and professional programs with related cultural, recreational and other activities, benefits and programs for providing teaching, research and public service to southwest Florida, the State of Florida and the nation; (f) The initial landowners also own, immediately and adjacent to, and surrounding, the Ave Maria University, lands upon which they are building a university oriented new town community consistent with the Collier County Growth Management Plan and Land Development Code. (g) Within and subject to this the Growth Management Plan and Land Development Code and its Rural and Stewardship Area Zoning Overlay District, and Overlay, within a designated Stewardship Receiving Areas, the new town community surrounding the private university requires appropriate compact, balanced and rural mixed-use development at a human-scale with the required innovative balance of such importance to the Stewardship Overlay Area. (h) In particular: 1. Creating a university new town community in the Stewardship Overlay area of Eastern Collier County requires a critical coinciding of existing and future land use with provision of capital facilities and related systems and services, based upon timely, flexible and specialized management of critical factors and sequential events, balancing between the intere~.ts 0 H of private enterprise, agriculture, private citizens, taxpayers, consumers, the environment, the economy, the initial landowners and all applicable levels of government; 2. As evidenced by the Stewardship Overlay Program, all the applicable public and private persons and entities have invested and expended substantial time and monies to generate both the Stewardship Area Overlay portions of the Growth Management Plan and the existing and future consistent specific regulatory and comprehensive planning entitlements and consistent land development regulations for the identification, preparation and development of a new town community; 3. Creating such a new town community around the university and using a single special purpose independent district constitute innovative planning and flexible development strategies in section 163.3177(11), Florida Statutes, as amended from time to time, and Rule 9J-5.006(5)(1), F.A.C., as amended from time to time, to minimize the conversion of rural and agricultural lands to other uses to discourage urban sprawl and to protect environmentally sensitive areas, while maintaining the economic viability of agricultural and other predominately rural land uses and providing for the cost-efficient delivery of public facilities and services as provided expressly in the Rural Land Stewardship Area Land Development Regulations, section 2.2.27.10.C. (i) There is in particular a special need to use a specialized and limited single purpose independent district unit of local government for the Ave Mafia Community: 1. to prevent urban sprawl by providing, sustaining and supporting free standing infrastructure and by preventing needless and counterproductive community development when the existing urban area is not yet developed. 2. to prevent the needless duplication, fragmentation and proliferation of local government services in a proposed land use area. (j) Management of conservation, environmental, agricultural and economic challenges and opportunities in this area of Eastern Collier County transcends the boundaries and responsibilities of both private landowners and individual units of government so that no one single public or private entity or person can plan or implement policies to deal with the many issues which attend the provision of basis systems, facilities and services to the area to be managed in Eastern Collier County in order to provide for both a new university and a new town academic community in the Stewardship area. (k) It is the expressed set of findings of the iLegislature further that: 1. there is a considerably long period of time during wich there is'~n inordinate burden on the initial landowners of both the land area for the private Ave Mah-a University and its surrounding new town university community because of the innovative, special and unique requirements in the Growth Management Plan for the Stewardship Receiving Area, dealing specifically with flexible management and related sequencing, timing and financing of the various systems, facilities and services to be provided to the new town community, taking into consideration absorption rates, commercial viability and related factors. 2. even as the community matures, there is continuing need for landowners, both initial and subsequent, to bear burdens that remain relatively inordinate in order to preserve such inordinate benefits for Eastern Collier County as the unique environmental and economic purpose of the new town community in this Stewardship Receiving Area. 3. longer involvement of the initial landowner with regard to the provision of basic systems, facilities and services in the Rural Lands Overlay, coupled with a severely limited and highly specialized single purpose of the District, is in the public interest. 4. any public or private system to provide basic infrastructure improvements, systems, facilities and services to this new Ave Mafia community in the Stewardship Overlay Area of Eastern Collier County must be focused on an unfettered, highly specialized, innovative, responsive, accountable mechanism to provide the components of infrastructure at sustained levels of high quality over the long-term only when and as needed for such a unique community in such a unique area. 5. there is a critical need to maintain such provision of such systems, facilities and services to the Ave Mafia community because of the unique location and attributes of the Stewardship Overlay Area, coupled with the unique purpose and location of this new academic community, subject to, and not inconsistent with, the state, regional and local requirements which attend implementation of the State plan, the Stewardship Overlay for the Stewardship Receiving Area and the County Growth Management Plan. 6. this need is met by coinciding the use and special attributes of various public and private alternatives for the provision of infrastructure to such a community development including: a. the public policy and related implementing zoning, permitting and planning expertise, interests and capabilities of state and regional government and of the local general purpose government, Collier County; b. the flexible, limited, focused and locally accounta~le('~ _I_.U management and related financing capabilities of independent special purpose local government; v and c. the innovative development and marketing private sector expertise of the initial landowners, developers and other components of private enterprise; 7. the specialized financing and revenue procedures for the levy and imposition of first-lien assessments, by a variety of names, must be disclosed, followed, noticed, fair, non-arbitrary, informed, reasonable and accountable and that they must be set forth dispositively. (1) That the existence and use of such a limited specialized single purpose local government for the Ave Maria community, subject both to the Rural Lands Stewardship Overlay Area District and to the Collier County Growth Management Plan, will result in a high propensity: 1. to prevent urban sprawl, protect and to preserve environmental, conservation and agricultural uses and assets and to enhance the high quality use of the applicable Stewardship Receiving Area; 2. to enhance the market value for both present and future landowners of the property consistent with the need to protect private property rights in the Stewardship Overlay; 3. to enhance the net economic benefit to the Collier County area, including an enhanced and well maintained tax base to the benefit of all present and future taxpayers in Collier County; 4. to share the costs for providing such basic systems, facilities and services in an innovative, sequential and flexible manner within the Ave Maria new town community to be serviced by the Stewardship Community District. (2) Ascertainments: based upon these findings, the Legislature has learned and ascertains: (a) There are two public government alternatives and one private alternative available to plan, construct, maintain and finance the provision of systems, facilities and services in and subject to the Stewardship Overlay: 1. One of the public or governmental alternatives is by the Board of County Commissioners within the Collier County political subdivision which can provide certain basic systems, facilities and services directly (or with management by its staff with financing for assessments) or indirectly (by non-emergency ordinance use of a dependent district). 2. The second public alternative is use of an independent special district. 3. The private alternative is the private landowner, a private homeowner association, a private utility, a private business corporation or partnership or a combination of these various private alternatives. (b) Planning, permitting and creating the Ave Maria university new town community and using the independent specialized single purpose Ave Maria Stewardship Community District created by this Act are consistent with and implement both the Collier County Growth Management Plan and Land Development Code and also the following long- standing and expressed policies of the State of Florida: 1. to allow the creation of independent special taxing districts which have uniform general law standards and procedures and which do not overburden other local governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet the standards (section 187.201 (20)(b)2, Florida Statutes). 2. to encourage the development of local water supplies (section 187.201 (7)(b)3, Florida Statutes). 3. to recognize the existence of legitimate and often competing public and private interests and land use regulations and other government action (section 187.201(14)(a), Florida Statutes), as provided for expressly in the Stewardship Overlay Program; 4. consistent with the Stewardship Overlay program, to recognize the importance of preserving natural resources and enhancing quality of life by development in those areas where land and water resources, fiscal abilities and service capacity can accommodate the land use and growth in a manner that is environmentally acceptable (section 187.201 (15)(a), Florida Statutes); 5. to allocate costs of new public facilities on the basis of benefits received by existing and future residents while planning for the management and financing of new facilities to serve residents in a timely, orderly and efficient manner (section 187.201(17)(a) and (b)3, Florida Statutes); 6. to encourage local government financial self sufficiency in providing public facilities and in identifying and implementing physically sound, innovative and cost effective techniques to provide and to finance public facilities while encouraging development, use and coordination of capital improvement plans by all levels of government ((17)(b)5, 6 and 7, Florida Statutes), as provided also in the Stewardship Overlay program; 7- t° increase access t°' and t° pr°m°te and pr°vide access f°r' cultff~l'O H historical and educational resources and opportunities (section 187.201(18)(a) and (b)l, Florida Statutes). 8. to enhance and diversify the economy of the Collier County area by promoting partnerships among education, business, industry, agriculture and the arts and by providing opportunities for skilled employees for new and expanding businesses while promoting self-sufficiency through training and educational programs to promote productive employment (section 187.201(21)(a) and (b)6, 7 and 8, Florida Statutes); 9. to encourage and to enhance cooperation among communities, which have unique assets irrespective of political boundaries to bring the private and public sectors together for establishing an orderly, environmentally and economically sound plan for needs and growth (section 187.201 (b)8, Florida Statutes); 10. to create independent special districts by or pursuant to general law to ensure long term management and related financing, to meet the need in Florida for timely, efficient, effective, responsive, innovative, accountable, focused and economic ways to deliver basic services to new communities to solve the state's planning, management and financing needs for delivery of capital infrastructure in order in turn to provide for projected growth only and to do so without overburdening other governments and their taxpayers, section 189.402, Florida Statutes, so that providing to the Ave Maria community basic systems, facilities and services by independent special districts remains pursuant to a uniform general law (section 189.402(3)(a) and (c), Florida Statutes); 11. to ensure that those independent districts and the exercise of their powers are consistent and comply with applicable due process, disclosure, accountability, ethics and government-in-the-sunshine requirements of law, both to the independent districts and to their elected and appointed officials (section 189.402(3)(b), Florida Statutes), because independent special districts are a legitimate alternative method available for use by both the public and private sectors to manage, own, operate, construct and finance basic capital infrastructure systems, facilities and services (section 189.402(4)(a), Florida Statutes); 12. to ensure that an independent special district is created to serve a special purpose to cooperate and to coordinate its activities with the applicable general purpose local government because aspects of growth and development transcend boundaries and responsibilities of individual units of government so that no single unit of government can plan or implement policies to deal with these issues unilaterally as effectively (section 189.402(7) and (8), Florida Statutes); the new town university community and the use of the special and single purpose indepen~antx~ district are not inconsistent with the Collier County Comprehensive Plan and the requirements of the Stewardship Overlay and implement both; (d) This land area for the private university and its new town community requires an independent, special and single purpose local government, in the form of an independent special district as defined in section 189.403(3), Florida Statutes, subject to all substantive and procedural limitations under Florida law, including this Act, in order to constitute the highly specialized alternative and viable growth management mechanism appropriate for this unique Stewardship Overlay, available to both the private and public sectors. (e) Such a District requires timely, flexible, limited and specialized management and related financing capabilities under its uniform state charter, created by this Act pursuant to general law, in order to produce those flexible, innovative and highly specialized benefits to the new town university community property in the Stewardship Receiving Area and to the Stewardship Overlay in Eastern Collier County; (f) Such a District must have management capabilities to provide pinpointed, focused, accountable, responsive, limited, specialized and low-overhead-based capability, authority and power to provide basic systems, facilities and services to the new university community development with economies of scale but at sustained high levels of quality over the long-term; (g) In order to be responsive to the critical timing required through the exercise of its special management functions, an independent district requires financing of those functions, including bondable lienable and non-lienable revenue, with full and continuing public disclosure and accountability, funded by landowners, both present and future, and funded also by users of the systems, facilities and services provided to the land area by the District, without burdening the taxpayers and citizens of the State or of Collier County or any municipality in Collier County; (h) The provision of services by this independent district must implement, be subject to, and function not inconsistent with, any applicable provisions of the Stewardship Overlay Area and related permitting and planning requirements of Collier County and of the Collier County Comprehensive Plan and Land Development Code; (i) The creation, existence and operation of such the Ave Maria Stewardship Community District, as limited and specialized to its single narrow purpose, will also: 1. Constitute a public mechanism to translate the anti-urban-sprawl requirements of the Stewardship Overlay into reality; 2. Constitute a disincentive for premature or inappropriate municillal~ 10 incorporation consistent with state law. 3. Provide a mechanism for full and continuing disclosure of how basic systems, facilities and services are both managed and financed, including full and continuing disclosure to both prospective purchasers and all residents of public financing related to any burdens of land ownership and any related burdens on existing or future residents. 4. Implement Rural Land Stewardship Area Zoning Overlay District Regulation 2.2.27.10.L 4 because such an independent single purpose special district is encouraged in the Stewardship receiving area where the new town community and university are located. (j) The Ave Mafia Stewardship Community District is also a mechanism to implement the Collier County Concurrency Management System designed to coincide with, and to implement, both the Collier County future land use element and the capital improvements element for basic systems, facilities and services consistent with the best interests of the Ave Mafia community in the Stewardship Overlay. (k) By serving its single specialized purpose, the District will not result in needless proliferation, duplication and fragmentation of local government systems, facilities and services in this area of Eastern Collier County. (1) Subject to its substantive and procedural limitations, the Ave Mafia Stewardship Community District will assist directly in public and combined public and private planning and coordination in order to result in the innovative solutions to the needs and requirements in this unique academic new town community located in this Stewardship Overlay Area of Eastern Collier County. (m) Management of the timing and phasing of critical sequential events, coordinated by the initial private landowner, the private university and the Board of County Commissioners of Collier County, is of fundamental importance and is the basis of the inordinate burden on the initial landowner developer and on the private university to enhance the Stewardship Overlay and to implement its requirements. (n) The critical single purpose of the Ave Mafia Stewardship Community District to provide basic infrastructure systems, facilities, services, works, infrastructure and improvements to the private Ave Mafia university new town community is in the public interest because it: 1. does not pass on taxes or profits to purchasers of property or to landowners and residents within their jurisdictions; management considerations because the elections for members of the government boarfl"ar~ staggered; 3. is not influenced, guided or limited by quarterly and annual profit statements; 4. does not have police or regulatory powers; 5. does not have larger general purpose overhead responsibilities; 6. is not subject to legitimate but counter-veiling fiscal, economic, policy and political considerations to which large general-purpose local governments and large landowners and developers would be subject in the natural course of events. 7. does not constitute needless duplication, proliferation or fragmentation of local government systems, facilities and services in Collier County; 8. shall operate and function subject to and not inconsistent with the county comprehensive plan and not inconsistent with, but rather shall enhance the purpose and requirements of, the Rural Lands Stewardship Overlay with least overhead cost and with the highest amount of the public disclosure, accountability, responsiveness and productivity. 9. coincides its functions with the authority and best interests of local general purpose government, the private university, the private landowners, both present and future, the taxpayers, the future residents and the State of Florida in the provision of needed infrastructure to the community at sustained levels of quality over the long-term. 10. provides highly accountable innovative systems, facilities and services close-to-the-land and close-to-the-people to constitute expressly the stewardship of the lands of the new community within and subject to the Stewardship Overlay in Eastern Collier County and within its jurisdiction; 11. serves a land area that is amenable to separate special district government. 12. serves a land area that is, sufficiently compact and of size sufficient for the functionally inter-related Ave Mafia new community development. 13. serves a land area in which there is no existing local or regional system, facility or service with which creation and operation of this District and the provision of its systems, facilities, improvements and infrastructure would be incompatible. 14. will enhance the intrinsic value of the property and the new community development, for the purpose of the Overlay, and a sustaining source of public revenue. (o) The independent district charter created in this Act involves innovative gene9 H and special powers not otherwise available for this unique and highly specialized first academic new town Ave Maria community in such a unique multi-faceted stewardship lands overlay. (p) The minimum requirements of general law or creation of this District by special act have been met as confirmed and set forth expressly in section 3, subsection (1). (3) Determinations: based upon its findings and ascertainments, the Legislature states expressly and determines: (a) This Act represents the findings, ascertainments and determinations of the Legislature that creating the Ave Maria Stewardship Community District, by special act, pursuant to general law, is: the best alternative as required by section 189.404(2)(e)3, Florida Statutes, because it meets affirmatively the findings and ascertainments of this Legislature set forth hereinabove; (b) The creation by this Act of the District in the Stewardship Overlay Area of Collier County is consistent affirmatively with the Collier County local government comprehensive plan; (c) The authority for this Act is section 189.404, Florida Statutes, and its applicable sections, and the state plan in chapter 187.201, Florida Statutes. (d) The Board of County Commissioners of Collier County, on 28 October 2003, adopted a Resolution 2003-381, expressing no objection to the creation and establishment of the Ave Maria University Stewardship Community District and finding it consistent with the County local government comprehensive plan as provided in section 189.404(a)(e)4, Florida Statutes (4) Intent: based upon its findings, ascertainments and determinations, the Legislature expresses its intent: (a) to ensure that the creation and operation of the Ave Maria Stewardship Community District by and pursuant to this Act, exercising its management and related financing powers to implement its limited, single and special purpose, is not a development order within the meaning of chapter 380, Florida Statutes, and all applicable governmental planning, environmental and land development laws, regulations, rules, policies and ordinances apply to all development of the land within the jurisdiction of the District created by this Act. (b) that the District operate and function subject to, and not inconsistent with, the Collier County Growth Management Plan and Land Development Code and any applicable development orders, zoning or other land development regulations. ll (c) that, under this Act, this special and single purpose Ave Maria Steward~ip~ Community District shall not have the power of a general purpose local government to ado~ ak)' comprehensive plan or related land development regulation as those terms are defined in the Florida Local Government Comprehensive Planning and Land Development Regulation Act. (d) that the charter for this District in the Act is exclusive and may be amended only by the Legislature by subsequent special act. Any certain proposed amendment of this Act which deals specifically, expressly and only with this s. 2, ss. (4) paragraphs (a), (b) and, (c) shall not be considered by the Legislature unless it is accompanied with a resolution of support from and by the Board of County Commissioners of Collier County provided and except that any other amendments on any other subject or provision dealing with any one or more subjects or provisions in this Act do not require such resolution. (e) that the Ave Maria Stewardship Community District created by this Act constitute an innovative mechanism for long-term, sustained quality public stewardship through the planning, implementation, construction, management and related financing, of basic systems, facilities, services and infrastructure projects for the mixed-use new town academic community. (f) that, it is in the public interest that this limited, independent, specialized and single purpose District local government have perpetual existence subject only to legislative review as provided in its charter in this Act so that it is not in a position to out live its usefulness. (g) that the exercise by this Ave Maria Stewardship Community District of its powers to carry out its single purpose under its charter in this Act is consistent with applicable due process, disclosure, accountability, ethics, conflicts of laws, government in the sunshine, competitive procurement (consultants, competitive negotiation and competitive bidding) both as to the government entity itself and as to its appointed or elected officials as required in this Act. (5) Purpose: the limited, single and specialized purpose of the Ave Maria Stewardship Community District is to provide community development systems, facilities, services, projects, improvements and infrastructure to the Ave Maria community by exercising its various management powers, with related financing powers, both general and special, as set forth by and limited by its charter in this Act. (6) Definitions: as used in this Act, the word or terms: (a) "Ad valorem bonds" means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds. (b) "Assessable improvements" means, without limitation, any and all public improvements and community facilities that the District is empowered to provide in accordance with the Act, which provide a special benefit to property within the District. (c) "Assessment bonds" means special obligations of the District which are payable solely from proceeds of the special assessments or benefit special assessments levied for assessable improvements; provided, however that in lieu of issuing assessment bonds to fund the costs of assessable improvements, the District may issue revenue bonds for such purposes payable from special assessments. (d) "Assessments" means those non millage District assessments which include "special assessments", "benefit special assessments" and "maintenance special assessments" and a non-millage non-ad valorem maintenance tax if authorized by general law. (e) "Ave Maria Stewardship Community District" means the unit of special and single purpose local government created and chartered by this Act, including the creation of its charter, and limited to the performance, in implementing its single purpose, of those general and special powers authorized by its charter under this Act; the boundaries of which are set forth by the Act; the governing head of which is created and authorized to operate with legal existence by this Act and the purpose of which is as set forth in this Act. (f) "Benefit Special Assessments" are District assessments imposed, levied and collected pursuant to the provisions of ss (14) paragraph (b) of Section 4 hereof. (g) "Board or "Board of Supervisors" means the governing board of the District or, if such board has been abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Act have been given by law. (h) "Bond" includes "certificate," and the provisions which are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond and other such obligation in the nature of a bond as is provided for in this Act, as the case may be. (i) "Developed Urban Area" means any reasonably compact urban area. (j) "Cost or Costs", when used with referenced to any project, include, but not limited to: 1. The expenses of acquisition, construction, or reconstruction. determining the feasibility or practicability of 2. The cost of surveys, estimates, plans, and specifications. 3. The cost of improvements 4. Engineering, fiscal, and legal expenses and charges. acquired. 5. The cost of all labor, materials, machinery and equipment 1 h' 6. The cost of all lands, properties, rights, easements, and franc ~ses 7. Financing charges. 8. The creation of initial reserve and debt service funds. 9. Working capital 10. Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine 11. The cost of issuance of bonds pursuant to this Act, including advertisements and printing. 12. The cost of any bond or tax referendum held pursuant to this Act and all other expenses of issuance of bonds. 13. The discount, if any, on the sale or exchange of bonds. 14. Administrative expenses. 15. Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the District. 16. Payments, contributions, dedications and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose. (k) "District" means "Ave Maria Stewardship Community District". (1) "District manager" means the manager of the District. (m) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds of descriptions. (n) "General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the District and for payment of which recourse may be had against the general fund of the District. (o) "Governing Board Member" means any member of the Board of Supervisors. (p) "Land Development Regulations" means those regulations of general purpose local government, adopted under the Florida Local Government Comprehensive Planning and Land Development Regulations Act, Florida's Growth Management Act, under chapter 163, Florida Statutes, as amended from time to time, to which the District is subject and as to w~.ho H the District may not doing anything that is inconsistent; but this term shall not mean speo~c management engineering, planning and other criteria and standards needed in the daily management and implementation by the District of its provision of basic systems, facilities, services, works, improvements, projects or infrastructure, including designs criteria and standards, so long as they remain subject to, and are not inconsistent with, the Collier County Growth Management Plan and the applicable land development regulations. (q) "Landowner" means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee or any governmental entity, who shall not be counted and need not be notified of proceedings under this Act. Landowner shall also mean the owner of a ground lease from a governmental entity, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years. (r) "Local general-purpose government" means a county, municipality or consolidated city-county government. (s) "Maintenance Special Assessments" are assessments imposed, levied and collected pursuant to the provisions of s. 14(d) of s. 4 hereof. (t) "Non-ad valorem assessment(s)" means those assessments levied and imposed by the Board of Supervisors of the Ave Maria Stewardship Community District which are not based upon millage and which constitute, pursuant to the provisions hereof, first liens on the properties subject thereto, coequal with the liens of state, county, municipal and school board taxes: 1. if and when pursuant to general law, those non millage and non-ad valorem taxes, limited expressly and only to those certain maintenance taxes provided for expressly in the District charter in this Act which are not ad valorem taxes and are not special assessments; and 2. assessments which are not taxes and are special assessments levied and imposed by the Board of Supervisors of the District pursuant to informed and nonarbitrary determination by the Board of Supervisors that: the systems, facilities and services will provide, as a logical connection to the applicable parcels of property, special benefits peculiar to the property, different in kind and degree than general benefits; and further that the duty to pay per parcel will be apportioned in a manner that is fair and reasonable; and which may be known and referred to as "assessments", "special assessments .... maintenance assessments" or "benefit assessments" as defined by and as may be applicable in the context of this charter. The levy of maintenance assessments to maintain a system or facility constructed and financed by spetal ~ i~l assessments levied by the District may be based on the assessment methodology by which'~e~'~ construction special assessments are levied but upon a determination that the maintenance special assessments also provide a special and peculiar benefit to the property and are apportioned in a manner that is fair and reasonable. 3. Any assessments which may be levied, imposed and equalized by the District Board of Supervisors by rule of the District. (u) "Powers" means used and exercised by the Board of Supervisors of the District to accomplish the single, limited and special purpose of the District including: 1. "General powers", as provided in the Act for the District charter, means those organizational and administrative powers of the District as provided in this Act in its charter in order to carry out its single special purpose as a local government public corporate body politic; 2. "Special powers" means those powers numerated by the Act in the charter of the District to carry out its specialized systems, facilities, services, projects, improvements and infrastructure and related functions in order to carry out its single specialized purpose. 3. any other powers, authority and functions set forth in this Act. (v) "Project" means any development, improvement, property, power, utility, facility enterprise, service, system, facility, works or infrastructure now existing or hereafter undertaken or established under the provisions of this Act. (w) "Qualified elector" means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the District and who registers to vote with the Supervisor of Elections in the county in which the District land is located. (x) "Refunding bonds" means bonds issued to refinance outstanding bonds of any type of the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds except that no approval by the electorate shall be required unless required by the State Constitution. (y) "Revenue bonds" means obligations of the District which are payable from revenues, including, but not limited to, special assessments and benefit special assessments, derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit or general tax revenue of the District. (z) "Sewer system" means any plant, system, facility or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity fur future use in connection with 1 collection, treatment, purification or disposal of sewage, including, without limitation, indust~al wastes resulting from any process of industry, manufacture, trade or business or from the development of any natural resource. Without limiting the generality of the foregoing, the term "sewer system" includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof. (aa) "Special assessments" shall mean assessments as imposed, levied and collected by the District for the costs of assessable improvements pursuant to the provisions of this Act, of chapter 170, Florida Statutes, as amended from time to time, and of the additional authority under section 197.3631, Florida Statutes,as amended from time to time, or other provisions of general law, now or hereinafter enacted, which provide or authorize a supplemental means to impose, levy and collect special assessments. (bb) "Taxes" or "Tax" means those levies and impositions of the Board of Supervisors which support and pay for government and the administration of law and which may be: 1. "ad valorem" or "property" taxes based upon both the appraised value of property and millage, at a rate uniform within the jurisdiction; 2. if and when authorized by general law, "non-ad valorem maintenance taxes" not based on millage which are used to maintain District systems, facilities and services. (cc) "Urban Area" means a developed and inhabited urban area within the District within a minimum acreage resident population density of least 1.5 persons per acre as defined by the latest official census, special census or population estimate or a minimum density of one single-family home per 2.5 acres with access to improved roads or a minimum density of one single-family home per 5 acres within a recorded plat subdivision. Urban areas shall be designated by the Board of Supervisors of the District with the assistance of all local general- purpose-governments having jurisdiction over the area within the jurisdiction of the District. (dd) "Water system" means any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water. Without limiting the generality of the foregoing, the term "water system" includes dams, reservoirs, storage, ta~cs,/~ mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to,~e ~,/ premises connected with such system, and all rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof. (7) Policy: Based upon its findings, ascertainments, determinations, intent, purpose and definitions, the Legislature states its policy expressly: (a) The District and District charter, with its general and special powers, created herein expressly in this Act, are essential and the best alternative for the unique location and nature of the new community for academic, residential, commercial and other community uses, projects or functions in the Rural Lands Stewardship Area Overlay of Eastern Collier County consistent with and designed to enhance the Stewardship Overlay Program and to serve a lawful public purpose; (b) This District, a local government, a corporate body politic, is limited to its single, narrow and special legislative purpose herein expressed, with the power to provide, plan, implement, construct, maintain and finance as a local government management entity its basic systems, facilities, services, improvements, infrastructure and projects and possessing financing powers to fund its management power over the long term and with sustained levels of high quality commensurate with the Stewardship Overlay. (c) This Act may be amended only by special act of the Florida Legislature in whole or in part. Section 3. Minimum general law requirements; creation and establishment; boundaries; jurisdiction; construction; charter with legal description. (1) Pursuant to section 189.404(3), Florida Statutes, the Legislature sets forth that the minimum requirements in paragraphs (a) through (o) have been met in the identified provisions of the Act as follows: (a) The purpose of the District is stated in the Act in section 2, subsection (5) (b) the powers, functions and duties of the District are generally in section 4, subsection (3) paragraphs (g) and (h) and subsections (5) - (16), (18), (19), (21), (25), and (32) as to which: 1. taxation provisions are set forth in section 2, subsection (bb); section 4, subsection (3), paragraph (h); subsection (14), paragraphs (a), (c), (f), (g) and (i); and subsections (17), (18), and (19) 2. bond issuance provisions are set forth generally in section 2; sectio~ 4,/,~ subsections (8), paragraph (d); subsections (10) ~ (13) and subsection (16), paragraphs (b),i~lgd~,J (c). 3. provisions regarding the other revenue raising capabilities are set forth in section 2, subsection (6), paragraphs (b), (d), (s), (t) and (aa); and section 4, subsection (10) and (11); subsection (14), paragraphs (b), (d), (e), (h), (i) and (j); and subsections (15) and (16). 4. provisions regarding fees, rentals and charges are in section 2, subsection (6); and section 4, subsection (8), paragraph (i); and subsections (22) - (25). 5. provisions regarding budget preparation and approval are in section 4, subsections (5), (6) and (9). 6. provisions regarding liens and foreclosures of liens are in section 4, subsection (14), paragraphs (f), (g), (h) and (i); and subsections (15), (17), (18) and (19). 7. provisions regarding the use of tax deeds and tax certificates as appropriate for non-ad valorem assessments are set forth in section 4, subsection (8), paragraph (o) and subsection (14), paragraphs (b), (c), (d), (e), (f), (h) and (i), and subsection (15). 8. provisions regarding contractual agreements are in section 4 in subsection (8), paragraphs (c), (1), (p), (r) and (s); subsection (9), paragraphs (k), (o), (p), (s), (t), (v) and (w). (c) the provisions for methods for establishing the District are section 2, subsection (e), paragraph (6); section 3; and effective as provided in section 6. (d) the methods for amending the charter of the District are set forth in section 2, subsection (7), paragraph (c); section 3, subsection (4); and section 4, subsection (28). (e) the provisions regarding aspects of the governing board are as follows: 1. provisions for the membership of the governing board are: section 4, subsection (3), paragraph (b); and subsection (4), paragraph (c). 2. provisions regarding the organization of the governing board are in section 4, subsection (3), paragraphs (b) - (d) and subsection (4), paragraph (c). 3. provisions regarding the requirement of five board members are in section 4, subsection (3), paragraph (b) and subsection (4), paragraph (c), subparagraph 1. 4. the provisions regarding the quorum of the governing board are in section 4, subsection (3), paragraph (b) and in subsection (4) paragraph (c), subparagraph 1, sub- subparagraph e. (f) the provisions regarding maximum compensation of each board member are in section 4, subsection (4), paragraph (c), and in particular in subparagraph 1, sub-subparagraph h. Section 4, subsection (4), paragraph (c), subparagraph 1, sub-subparagraph h. (g) the provisions regarding the administrative duties of the governing board are found in section 4, subsections (5) - (8). (h) the provisions applicable to financial disclosure, noticing and reporting requirements for: 1. financial disclosure are in section (6), and subsection (7). 2. voting are section 4, subsections (3) and (4) 3. reporting requirements are in section 4, subsections (5) - (7) and paragraph (31). (i) the provisions regarding procedures and requirements for issuing bonds are: 1. for issuing bonds are in section 4, subsection (12), in particularly paragraphs (a), (b), (i), (k) and (1) and related provisions dealing with trust agreements in paragraph (13). 2. for issuing bonds are in section 4, subsection (12), and particularly paragraphs (c) - (q); and subsection (13). (j) the provisions regarding elections or referenda are: 1. For procedures for elections are section 4, subsections (3) and (4) and regarding referenda are in section 4, subsection (14), paragraph (a). 2. for qualifications of an elector of the District, a qualified elector, are section 2, subsection (6), subparagraph (w) and section 4, subsection (3), paragraph (b) and (c). 3. for referenda in section 4, subsection (4), paragraph (b). (k) the provisions regarding methods for financing the District are generally in section 4, subsections (10), (11), (14), (15), (16), (17), (18) and (19). (1) other than taxes levied for the payment of bonds and taxes levied for periods not longer than two years when authorized by vote of the electors of the District, the provisions for: 1. the authority to levy ad-valorem taxes are in section 4, subsection (14), paragraph (a); section 4, subsection (3), paragraph (h); and section 2, subsection (6) paragraph (bb) section 1. 2. the authorized millage rate are in section 4, subsection (14), paragraph (a). (m) the provisions for the method or methods of collecting non-ad valorem assessments, fees or service charges are: 1. for collecting non-ad valorem assessments in section 4, subsection (1~, 0 [ paragraphs (b), (c), (d), (e), (h) and (i); and section 4, subsection (15). 2. for collecting fees and service charges in section 4, subsection (22). (n) the provisions for planning requirements are as limited by the provisions of section 2 and 3, as limited further by section 4, subsection (8) and (9). (o) the provisions for geographic boundary limitations of the District are set forth in section 3, subsection (2) - (4); and section 4, subsection (2). (2) Creation and Establishment. The Ave Mafia Stewardship Community District, which may also be referred to and be known as the "Stewardship Community District", "The Ave Mafia District" or "District", is created and incorporated hereby as a public body, corporate and politic, an independent, limited, special and single purpose local government, an independent special district, under section 189.404, Florida Statutes, as amended from time to time, and as defined in this Act and in section 189.403(3), Florida Statutes, as amended from time to time, in and for Eastern Collier County, Florida, providing further that any amendments to chapter 190, Florida Statutes after January 1, 2004, granting additional general powers, special powers, authorities or projects to a community development district by amendment to its uniform charter, sections 190.006 - 190.041, Florida Statutes, shall constitute a general power, special power, authority or function of the Ave Mafia Stewardship Community District. Because all notices for the enactment by the Florida Legislature of this Act, a special act, have been provided pursuant to the Florida Constitution, the laws of Florida and the rules of the Florida House of Representatives and of the Florida Senate, and because Collier County is not a charter county, no referendum subsequent to the effective date of this Act is required. The District, as created by this Act, is established on the property pursuant to Section 6 and Section 4 ss (3). (3) The territorial boundary of the District shall embrace and include, without reservation or enclave, all of that certain real property described legally in the following ss 4(2). (4) The jurisdiction of this District, in the exercise of its general and special powers, and in the carrying out of its single, narrow and special purpose, is both within the external boundaries of the legal description of this District and extraterritorially, when limited to, and as authorized expressly elsewhere in, the charter of the District in this Act or applicable general law. This single purpose District is created for all public body corporate, politic and local government authority and power limited by its charter, this Act, and subject to the provisions of other general laws, including expressly chapter 189, Florida Statutes, except that an inconsistent provision in this Act shall control and the District has jurisdiction to perform such acts and exercise such projects, functions and powers as shall be necessary, convenient, incidental, proper or reasonable 10 for the implementation of its limited, single and specialized purpose regarding the s--ound- planning, provision, acquisition, development, operation, maintenance and related financing of those public systems, facilities, services, improvements, projects and infrastructure works as authorized herein including those necessary and incidental thereto. (5) Exclusive Charter. The exclusive charter of the "Ave Maria Stewardship Community District" is this Act and may be amended only by special act of the Legislature. Section 4. --- Disposition of Section 2 and 3; legal description; exclusive charter of the "Ave Maria Stewardship Community District" (1) This Act constitutes the exclusive charter of the Ave Mafia Stewardship Community District. (2) Legal description. The metes and bounds legal description of the District, within which there are no enclaves or parcels of property owned by those who do not wish their property to be included within the District, is as follows: METES AND BOUNDS DESCRIPTION DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9, 16, 17, AND 18 AND AII~ OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND AIJ~ OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT the NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89042'22'' EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80' RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00015'32'' EAST 4936.39 FEET; 2) 395.35 feet along the arc of a non-tangential circular curve concave west having a radius of 3,707.51 feet through a central angle of 06°05'35" and being subtended by a chord which bears South 02047'23'. West 395.17 feet; 3) 4) 5) 6) South 05050'40'' West 101.17 feet; Thence South 89037'49'' West 7.63 feet; SOUTH 00014'32'' EAST 73.58 FEET; SOUTH 05°51'27" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06005'33'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°45'21'' WEST 403.68 FEET; 8) SOUTH 00014'33'' EAST 1,907.96 FEET; 9) SOUTH 00°22'10'' EAST 2,609.43 FEET; 10) SOUTH 00°30'10'' EAST 2,673.59 FEET; 11) SOUTH 00°35'31'' EAST 2,684.14 FEET; 12) SOUTH 00°38'11" EAST 2,610.47 FEET; 13) SOUTH 00030'34" EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGI.E OF 04018'04'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02039'36'' EAST 202.86 FEET; 15) 16) 17) 18) 19) 20) 21) SOUTH 04048'38'' EAST 400.00 FEET; SOUTH 05°08'04" EAST 95.99 FEET; SOUTH 00°29'16'' EAST 101.03 FEET; CONTINUE ALONG SAID LINE SOUTH 00°29'16'' EAST 1,609.23 FEET; SOUTH 00o59'03'' EAST 2,660.06 FEET; SOUTH 00056'00'' EAST 2,246.44 FEET; 104.19 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12°56'25'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05033'57'' WEST 103.97 FEET; 22) SOUTH 12002'43'' WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12058'40'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05033'23" WEST 122.05 FEET; 24) SOUTH 00°55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88°57'46" WEST 2,595.92 FEET; 2) SOUTH 88054'34'' WEST 2,641.05 FEET; 3) SOUTH 88057'06'' WEST 2,570.04 FEET; 4) SOUTH 88055'37'' WEST 2,702.71 FEET; 5) SOUTH 88056'50'' WEST 2,645.03 FEET; 6) SOUTH 88056'28'' WEST 2,639.06 FEET; 7) SOUTH 89044'55'' WEST 2,676.56 FEET; 8) SOUTH 89°44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE 10H LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796; THENCE ALONG SAID LINE NORTH 01011'28'' WEST 2,637.90 FEET TO THE NORTH OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796; THENCE ALONG SAID LINE NORTH 89°32'26'' EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554-1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89032'26'' EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779-2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01011'02'' WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89°24'56'' WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779-2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00°44'30'' WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89000'09'' EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779-2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00°43'12'' WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89028'47'' WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89028'47'' WEST 2,658.12 FEET TO THE SOUTH WEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00012'02'' WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00o13'09'' EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89°57'18'' EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89°57'18'' EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00° 13'04" WEST 2,580.06 FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00°10'45t OH WEST 2,527.41 FEET TO TIlE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; l) SOUTH 89043'35'' EAST 0.74 FEET; 2) NORTH 87°40'12'' EAST 2,582.06 FEET; 3) NORTH 87038'44'' EAST 2,630.49 FEET; 4) NORTH 87°41'38" EAST 2,640.92 FEET; 5) NORTH 87046'05'' EAST 2,645.58 FEET; 6) NORTH 89037'45'' EAST 2,687.06 FEET; 7) NORTH 89039'06'' EAST 780.08 FEET; 8) 3,074.23 feet along the arc of a non-tangential circular curve concave northwest having a radius of 1,960.26 feet through a central angle of 89°51'20" and being subtended by a chord which bears North 44042'37'' East 2,768.73; 9) North 00°27'14'' West 663.14 feet TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD; Thence ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: l) South 89056'24'' East 266.14 feet; 2) 722.56 feet along the arc of a non-tangential circular curve concave southwest having a radius of 460.00 feet through a central angle of 89059'58'' and being subtended by a chord which bears South 44056'23'' East 650.54 feet; 3) South 00003'36'' West 600.00 feet; 4) 529.01 feet along the arc of a circular curve concave west having a radius of 760.00 feet through central angle of 39052'53'' and being subtended by a chord which bears South 20000'02'' West 518.39 feet; 5) South 39056'29'' West 543.45 feet; 6) 589.90 feet along the arc of a circular curve concave east having a radius of 840.00 feet through central angle of 40°14'1 l" and being subtended by a chord which bears South 19°49'24'' West 577.85 feet; 7) South 00°17'42'' East 60.83 feet TO THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORDA BEING SOUTH 88054'34'' WEST. (3) Board of supervisors; members and meetings; organization; powers; duties; and terms of office with related election requirements. (a) The board of the District shall exercise the powers granted to the pursuant to this Act in order to implement its specialized single purpose. (b) There is hereby created the Board of Supervisors of the Stewardship Community District which shall be the governing board and body of the District. Except as otherwise provided herein, each member shall hold office for a term of four years and until a successor is chosen and qualifies. There shall be five members of the Board of Supervisors who shall, in order to be eligible, be residents of the State of Florida and citizens of the United States. Three members shall constitute a quorum. (c) Within in 45 days after the effective date of this Act, a special noticed meeting of the landowners of the Ave Maria Stewardship Community District shall be held for the purpose of electing the members to the first Board of Supervisors for the District as herein provided. Notice of such special meeting of the landowners shall be given by causing publication thereof to be made once a week for two consecutive weeks prior to such meeting in a newspaper of general paid subscription and circulation in Collier County the last day of such publication not to be fewer than 14 or more than 28 days before the day of the election. Such special meeting of the landowners shall be held in a public place in Collier County and the place, date and hour of holding such meeting and the purpose whereof shall be stated expressly in the notice. The landowners when assembled shall organize by electing a Chair, who shall preside at the meeting of the landowners and a Secretary, who shall record the proceedings. At such meeting, for the election of each person to be elected, each and every acre of land, or any fraction thereof, within the boundary of the District shall represent one vote and each owner of that acre of fraction thereof shall be entitled to one vote for every such acre or fraction thereof. Persons who qualify to serve as board members shall be nominated at the noticed meeting and prior to the initial election at the noticed meeting. A landowner may vote in person or by proxy in writing. A landowner who sells land to a bona fide purchaser may by written lawful instrument retain the voting rights for that acreage. (d) At the landowners meeting for the election of the members of the Board of Supervisors on a one-acre/one-vote basis, the two candidates receiving the highest number of votes shall be elected for a term expiring November 30, 2006 and the three candidates receiving the next largest number of votes shall be elected for a term expiring November 30, 2008. The members of the first board elected by the landowner shall serve as their four year or two year term; however, the next election by the landowner shall be held on a first Tuesday in November. Thereafter, there shall be an election of supervisors for the District every two years in November on a date established by the board and noticed pursuant to paragraph (c). The two candidates receiving the highest number of votes shall be elected to serve for a four year period and tJ~e remaining candidates shall serve for a two year period. (e) The landowners present at the meeting shall constitute a quorum. (f) All vacancies or expirations on the Board shall be filled as provided by this Act. (g) In case of a vacancy in the office of any member of the Board of Supervisors, the remaining members of the Board of Supervisors shall by majority vote appoint a person to serve as a member of the Board of Supervisors for the unexpired portion of the term. (h) If the board proposes to exercise its limited ad valorem taxing power as provided elsewhere in this Act charter, then the provisions of s 4 ss (14) paragraph (a) in this Act shall apply. (4) Election; popular elections, referendum and designation of urban areas: (a) Elections of the members of the Board of Supervisors of the District shall be conducted on a one-acre/one-vote basis as provided in Section 4, subsection (3) and sub- subsection (c) of this Act, until and unless the provisions of Section 4, sub-subsection (4)(b) apply. When and as applicable and required, the appropriate provisions of section 189.405, Florida Statutes, as amended from time to time, apply. (b) Referendum; designation of urban areas. 1. a referendum shall be called by the Board of Supervisors of the District, each member elected on a one-acre/one-vote basis, on the question of whether certain members of the board should be elected by qualified electors, providing each of the following conditions has been satisfied at least 60 days prior to the general or special election at which the referendum is to be held: a. that the District has at least 500 qualified electors based on the most recent state population estimate. b. a petition signed by 10% of the qualified electors of the District shall have been filed with the Board of Supervisors of the District. The petition shall be submitted to the Supervisor of Elections of Collier County who shall, within 30 days after receipt of the petition, certified to the board the percentage of signatures of qualified electors contained on the petition. 2. upon verification by the Supervisor of Elections that 10% of the qualified electors of the District have petitioned the Board of Supervisors at the next regularly scheduled election of governing board members occurring at least 60 days after verification of the petition. OH 3. if the qualified electors approve the election procedure described in'l~is~ section, the governing board of the District shall remain five members and elections shall be/~tl~l~ld~j pursuant to the criteria described in this section, beginning with the next regularly scheduled election of governing board members or at a special election called within six months following the referendum and final unappealed approval of District urban area maps as provided in this section, whichever is earlier. 4. if the qualified electors of the District disapprove the election procedure described in this section, elections of the members of the Board of Supervisors shall continue as described in this Act on a one-acre/one-vote basis. No further referendum on the question shall be held for a minimum period of two years following the referendum. 5. within 30 days after approval of the election process described in this section by qualified electors of the District, the Board of Supervisors shall direct the District staff to prepare and to present maps of the District describing the extent and location of all urban areas within the District, such determination shall be based upon the criteria contained in the definition of "urban area", in this Act. 6. within 60 days after approval of the election process described in the subsection by qualified electors of this District, the maps describing urban areas within the District shall be presented to the Board of Supervisors. 7. any District landowner or elector may contest the accuracy of the urban area maps prepared by the staff of the District within 30 days after submission to the Board of Supervisors. Upon notice of objection to the maps, the governing board shall request the county engineer to prepare and to present maps of the District describing the extent and location of all urban areas within the District. Such determination shall be based limitedly and exclusively upon the criteria contained in the definition in this Act of "urban area". Within 30 days after the governing board requests, the county engineer shall present the maps to the governing board. 8. upon presentation of the maps by the county engineer, the governing board shall compare the maps submitted by both the District staff and the county engineer and make a determination as to which set of maps to adopt. Within 60 days after presentation of all such maps, the governing board may amend and shall adopt the official maps at a regularly scheduled board meeting. 9. any District landowner or qualified elector may contest the accuracy of the urban area maps adopted by the Board after adoption in accordance with the provision for judicial review as provided in Florida Administrative Procedure Act. Accuracy shall be determined pursuant to the definition of "urban area" in this Act. 10. upon adoption by the Board or certification by the court, the Dis~c~f~ ~ urban area maps shall serve as the official maps for determination of the extent of urban ~ea~'~ within the District and the number of members of the Board of Supervisors to be elected by qualified electors and by the one-acre/one-vote principle at the next regularly scheduled election of governing board members. 11. upon a determination of the percentage of urban area within the District as compared with total area within the District, the governing board shall order electors in accordance with the percentages pursuant to paragraph (4)(b) below. The landowners' meeting date shall be designated by the Board of Supervisors. 12. the map shall be updated and re-adopted every five years or sooner at the discretion of the Board of Supervisors. (c) Governing Board 1. Composition of the board. a. The five members of the governing board of the District shall be elected in accordance with the following determinations of urban area: (I) if urban areas constitute 25 percent or less of the District, one governing board member shall be elected by the qualified electors and four governing board members shall be elected in accordance with the one-acre/one-vote principle contained within s. (3)or the district-enabling legislation. (II) if urban areas constitute more than 25 percent but less than 50 percent of the District, two governing board members shall be elected by the qualified electors and three governing board members shall be elected in accordance with the one- acre/one-vote principle contained in s. (3) or the district-enabling legislation. (III) if urban areas constitute at least 50 percent but less than 70 percent of the District, three governing board members shall be elected by the qualified electors and two governing board members shall be elected in accordance with the one-acre/one- vote principle contained in s. (3) or the district-enabling legislation. (IV) if urban areas constitute at least 70 percent but less than 90 percent of the District, four governing board members shall be elected by the qualified electors and one governing board member shall be elected in accordance with the one-acre/one- vote principle contained in s. (3) or the district-enabling legislation. (V) If urban areas constitute at least 90 percent or more of the District, all governing board members shall be elected by the qualified electors. b. All members of the Board of Supervisors, regardless of [o,~ ~ ~L~. elected, shall be public officers, known as Supervisors, and, upon entering into office, shall take and subscribe to the oath of office as prescribed by section 87.05, Florida Statutes, as amended from time to time. All members of the Board of Supervisors, regardless of how elected, and regardless of whether they are qualified electors themselves or not, shall be public officials and subject to ethics and conflict of interest laws of the State of Florida that apply to all public officers. They shall hold office for the terms for which they were elected and until there successors are chosen and qualified. Any elected member of the Board of Supervisors may be removed by the Governor for malfeasance, misfeasance, dishonesty, incompetency or failure to perform the duties imposed upon him or her by this Act and any vacancies which may occur in such office shall be filled by the Governor, as soon as practicable, unless filled by the Board as provided in this Act. c. All governing board members elected by qualified electors shall be qualified electors elected at large. Candidates seeking election as qualified electors shall conduct their campaigns in accordance with the provisions of chapter 106, Florida Statutes, as amended from time to time, and shall file petitions as required in section 99.021, Florida Statutes, as amended from time to time, and take the oath therein prescribed. (I) term of office. -- All governing board members elected by qualified electors shall have a term of 4 years except for governing board members elected at the first election and the first landowners' meeting following the referendum prescribed in s. 4, ss. (4). Governing board members elected at the first election and the first landowners' meeting following the referendum shall serve as follows: (II) If one governing board member is elected by the qualified electors and four are elected on a one-acre/one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of 4 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of years, respectively, as prescribed by s. 4, ss. (3). (1II) If two governing board members are elected by the qualified electors and three are elected on a one-acre/one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of 4 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of 1, 2, and 3 years, respectively, as prescribed by s. 4, ss. (3). 36/ (IV) If three governing board members are elected by the qualified electors and two are elected on a one-acre/one-vote basis, two of the governing botS0 ~ members elected by the electors shall be elected for a term of 4 years and the other governing board member elected by the electors shall be elected for a term of 2 years. Governing board members elected on a one-acre/one-vote basis shall be elected for periods of 1 year and 2 years, respectively, as prescribed by s. 4, ss. (3). (V) If four governing board members are elected by the qualified electors and one is elected on a one-acre/one-vote basis, two of the governing board members elected by the electors shall be elected for a term of 2 years and the other two for a term of 4 years. The governing board member elected on a one-acre/one-vote basis shall be elected for a term of 1 year as prescribed by s. 4, ss. (3). (VI) If five goveming board members are elected by the qualified electors, three shall be elected for a term of 4 years and two for a term of 2 years. (VII) If any vacancy occurs in a seat occupied by a governing board member elected by the qualified electors, the remaining members of the governing board shall, within 45 days after the vacancy occurs, appoint a person who would be eligible to hold the office to the unexpired term. (vm) Each and every election, by qualified electors, of members of the Board of Supervisors pursuant to this Act shall be conducted in the manner and at a time prescribed by law for holding general elections or prescribed by the Supervisor of Elections in and for the Collier County political subdivision. d. Landowners' meetings.- (I) An annual landowners' meeting shall be held pursuant to s. 4, ss. (3) and at least one governing board member shall be elected on a one-acre/one-vote basis pursuant to s. 4, ss. (3) for so long as 10 percent or more of the District is not contained in an urban area. In the event all District governing board members are elected by qualified electors, there shall be no further landowners meetings. (1I) at any landowners' meeting called pursuant to this section, 50 percent of the District acreage shall not be required to constitute a quorum and each governing board member shall be elected by a majority of the acreage represented either by owner or proxy present and voting at said meeting. (m) all landowners' meetings of districts operating pursuant to this section shall be set by the board within the month preceding the month of the election of the governing board members by the electors. (IV) Vacancies on the board shall be filled pursuant to s. 4, ss. (3) and (4) except as otherwise provided in s, 4. 10H e. Three of the members of the Board of Supervisors constitute a quorum for the purpose of conducting its business and exercising its powers and for all other related purposes. Action taken by the District Board of Supervisors present shall be, upon a vote of the majority of the members present, unless general law or rule of the District subsequently promulgated requires a greater number. f. As soon as practicable after each election or appointment, the Board shall organize by electing one of its members as Chair and by electing a Secretary who need not be a member of the Board, as such other officers as the Board may deem necessary. g. The Board shall keep a permanent record book entitled "Record of Proceedings of Ave Mafia Stewardship Community District," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to chapter 119. The record book shall be kept at the office or other regular place of business maintained by the Board of Supervisors within Collier County. h. Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the Board of Supervisors, not to exceed $4,800 per year per supervisor, or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set forth in s. 112.061, Florida Statutes, as amended from time to time. i. All meetings of the board shall be open to the public and governed by the provisions of chapter 286. 2. The members of the Board of Supervisors of the District, whether elected on a one- acre/one-vote basis or a qualified elector basis, shall constitute the members of the governing board of the District subject to the requirements of this Act. (5) Board of supervisors; general duties.-- (a) The board shall employ, and fix the compensation of, a district manager. The District manager shall have charge and supervision of the works of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Act, for maintaining and operating the equipment owned by the District, and for performing such other duties as may be prescribed by the board. It shall not be a conflict of interest under chapter 112, as amended from time to time, for a board member or the district manager or another employee of the District to be a stockholder, officer, or employee of a landowner. The district manager may hire or otherwise employ and terminate the employmenl ol~ such other persons, including, without limitation, professional, supervisory, and cleh~al- employees, as may be necessary and authorized by the board. The compensation and other conditions of employment of the officers and employees of the District shall be as provided by the board. (b) The board shall designate a person who is a resident of the state as treasurer of the District, who shall have charge of the funds of the District. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties. The financial records of the board shall be audited by an independent certified public accountant at least once a year. (c) The board is authorized to select as a depository for its funds any qualified public depository as defined in s. 280.02, as amended from time to time which meets all the requirements of chapter 280, as amended from time to time, and has been designated by the Treasurer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable. (6) Budget; reports and reviews.w (a) The District shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218, as amended from time to time. (b) On or before each July 15, the district manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the board for board approval. The proposed budget shall include at the direction of the board an estimate of all necessary expenditures of the District for the ensuing fiscal year and an estimate of income to the District from the taxes and assessments provided in this Act. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the district manager or modify the same in part or in whole. The board shall indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the heating on the budget shall be published in a newspaper of general circulation in the area of the District once a week for 2 consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day, time, and 2e0 H the public hearing. At the time and place designated in the notice, the board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally approved by the board. The budget shall be adopted prior to October 1 of each year. (c) At least 60 days prior to adoption, the District Board shall submit to the Collier County Board of County Commissioners, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and the Board of County Commissioners may submit written comments to the Board of Supervisors solely for the assistance and information of the Board of Supervisors of the District in adopting its annual District budget. (d) The Board of Supervisors of the District shall submit annually, to the Board of County Commissioners of Collier County, its District public facilities report under section 189.415(2), Florida Statutes, as amended from time to time, addressing specifically short-term and long-term innovative systems, facilities and services consistent with the unique nature of the new university town community in the East Collier County Stewardship Area Overlay, as to which the Board of County Commissioners of Collier County shall use and rely on the District public facilities report in the preparation or revision of the Collier County Growth Management Plan, specifically under section 189.415(6), Fla. Stat, as amended from time to time. (7) Disclosure of public financing.- The District shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the District. Such information shall be made available to all existing residents, and to all prospective residents, of the District. The District shall furnish each developer of a residential development within the District with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the District, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation shall ensure that disclosures made by developers pursuant to chapter 498. (8) General powers.--The District shall have, and the board may exercise, the following general powers: (a) To sue and be sued in the name of the District; to adopt and use a set a0 H authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (b) To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the state retirement fund. (c) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in section 4, subsection (21) (d) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto. (e) To adopt rules and orders pursuant to the provisions of chapter 120, as amended from time to time, prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the District. The board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of District business. (f) To maintain an office at such place or places as the Board of Supervisors designates in Collier County (and within the District when facilities are available). (g) To hold, control and acquire by donation, purchase or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this Act other than public easements conveyed to or accepted by Collier County and to make use of such easements, dedications, or reservations for the purpose mandated by this Act. (h) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out the purpose mandated by this Act. evidence of indebtedness as hereinafter provided; to levy such tax and assessments as ffl~ty 1~ authorized; and to charge, collect, and enforce fees and other user charges subject as applicable to section 4, subsection (10) to subsection (13). (j) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the District activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law. (k) To exercise within the District, or beyond the District with prior approval by super majority vote of a resolution of the governing body of the county if the taking will occur in an unincorporated area the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, as they may be amended from time to time, over any property within the state, except municipal, county, state, and federal property, for the uses and purpose of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another. (1) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Act. (m) To assess and to impose upon lands in the District ad valorem taxes as provided and limited by this Act. (n) If and when authorized by general law, to determine, order, levy, impose, collect and enforce maintenance taxes. (o) To determine, order, levy, impose, collect, and enforce assessments pursuant to this Act, which sets forth a detailed uniform procedure to implement 170 and as an alternative to determine, order, levy, impose, collect, and enforce assessments under and pursuant to chapter 170, Florida Statutes, as amended from time to time, pursuant to authority granted in section 197.3631, Florida Statutes, as amended from time to time, or pursuant to other provisions of general law , now or hereinafter enacted, which provide or authorize a supplemental means to impose, levy and collect special assessments. Such special assessments, in the discretion of the District, as provided in s.197.3631, Florida Statutes, as amended from time to time, may be collected and enforced pursuant to the provisions of ss. 197.3632, and 197.3635, Florida Statutes, chapter 170, Florida Statutes, chapter 173, Florida Statutes, as they may be amended from time to time, or as provided by this Act. (p) To exercise such special powers and other express powers as malb~e~ ~- authorized and granted by this Act in the charter of the District including powers as providc~in- any interlocal agreement entered into pursuant to chapter 163, Florida Statutes, as amended from time to time, or which shall be required or permitted to be undertaken by the District pursuant to any development order or development of regional impact, including any interlocal service agreement with Collier County for fair-share capital construction funding for any certain capital facilities or systems required of the developer pursuant to any applicable development order or agreement. (q) To exercise all of the powers necessary, convenient, incidental or proper in connection with any other powers, duties or the single purpose of the District authorized by this Act. (r) The provisions of this section on general powers shall be construed liberally in order to carry out effectively the single specialized purpose of this Act and to secure for the District its ability to be innovative in and for the Rural Lands Stewardship Overlay. (9) Special Powers - The District shall have the following special powers to implement its lawful, single and special purpose and to provide, pursuant to that purpose, basic, systems, facilities, services, improvements, projects, works and infrastructure in and subject to the Stewardship Overlay, each of which constitutes a lawful public purpose when exercised pursuant to this charter, subject to, and not inconsistent with, the regulatory jurisdiction and permitting authority of all other applicable governmental bodies, agencies, and any special districts having authority with respect to any area included therein, and to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, finance, fund and maintain improvements, systems, facilities, services, works, projects and infrastructure any or all of the following special powers granted by this Act in order to implement the special requirements of this university new town community within the Stewardship Overlay and the single special purpose of the District: (a) Water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. In the event that the board assumes the responsibility for providing water management and control for the District which is to be financed by a benefit special assessments, the board shall adapt plans and assessments pursuant to law or may proceed to adopt water management and control plans, assess for benefits, and apportion and levy special assessments, as follows: I. The board shall cause to be made by the District's engineer, or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the District that w/~l ~ H improved in any part or in whole by any system of facilities that may be outlined and adil~lte~l~ and the engineer shall make a report in writing to the board with maps and profiles of said surveys and an estimate of the cost of carrying out and completing the plans. 2. Upon the completion of such plans, the board shall hold a hearing thereon to hear objections thereto, shall give notice of the time and place fixed for such hearing by publication once each week for 2 consecutive weeks in a newspaper of general circulation in the general area of the District, and shall permit the inspection of the plan at the office of the District by all persons interested. All objections to the plan shall be filed at or before the time fixed in the notice for the hearing and shall be in writing. 3. After the hearing, the board shall consider the proposed plan any objections thereto and may modify, reject or adopt the plan or continue the hearing to a day certain for further consideration of the proposed plan or modifications thereof. 4. When the board approves a plan, a resolution shall be adopted and a certified copy thereof shall be filed in the office of the secretary and incorporated by him or her into the records of the District. 5. The water management and control plan may be altered in detail from time to time until the appraisal record herein provided is filed, but no in such manner as to affect materially the conditions of its adoption. After the appraisal record has been filed, no alteration of the plan shall be made, except as provided by this Act. 6. Within 20 days after the final adoption of the plan by the board, the board shall proceed pursuant to s. 298.301, as amended from time to time. (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and any irrigation systems, facilities and services and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. 1. Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by District.-- The District may not purchase or sell a water, sewer, or wastewater reuse utility that provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility, until the governing body of the Stewardship Community District has held a public hearing on the purchase, sale, or wastewater facility privatization contract and made a determination that the purchase, sale, or wastewater facility privatizat~n/~ contract is in the public interest. 2. In determining if the purchase, sale or wastewater facility privatization contract is in the public interest, the Stewardship Community District shall consider, at a minimum, the following: a. The most recent available income and expense statement for the utility; b. The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of-construction and the accumulated depreciation thereon; c. A statement of the existing rate base of the utility for regulatory purposes; d. The physical condition of the utility facilities being purchased, sold, or subject to a wastewater facility privatization contract; e. The reasonableness of the purchase, sales, or wastewater facility privatization contract price and terms; f. The impacts of the purchase, sale, or wastewater facility privatization contract on utility customers, both positive and negative; g. Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment, whether the purchaser is the District or the entity purchasing the utility from the District; h. In the case of a wastewater facility privatization contract, the terms and conditions on which the private firm will provide capital investment and financing or a combination thereof for contemplated capital replacements, additions, expansions, and repairs. The District shall give significant weight to this criteria. i. The alternatives to the purchase, sale, or wastewater facility privatization contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made; j. The ability of the purchaser or the private firm under a wastewater facility privatization contract to provide and maintain high-quality and cost-effective utility service, whether the purchaser is the District or the entity purchasing the utility from the District; k. In the case of a wastewater facility privatization contract, the District shall give significant weight to the technical expertise and experience of the private firm in carrying out the obligations specified in the wastewater facility privatization contract; and 1. All moneys paid by a private firm to a District pursuant to a wast~a~ H facility privatization contract shall be used for the purpose of reducing or offsetting pr~"~ert~' taxes, wastewater service rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided, however, nothing herein shall preclude the District from using all or part of the moneys for the purpose of the District's qualification for relief from the repayment of federal grant awards associated with the wastewater system as may be required by federal law or regulation. The District shall prepare a statement showing that the purchase, sale, or wastewater facility privatization contract is in the public interest, including a summary of the purchaser's or private firm's experience in water, sewer, or wastewater reuse utility operation and a showing of financial ability to provide the service, whether the purchaser or private firm is the District or the entity purchasing the utility from the District. (c) Bridges or culverts that may be needed across any drain, ditch, canal, flood way, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (d) District roads equal to or exceeding the specifications of the county in which such District roads are located, and street lights, including conditions of development approval which sometimes may be different specifications then the normal specifications of the county. This special power includes construction, improvement, pavement and maintenance of roadways and roads necessary and convenient for the exercise of the powers or duties of the District to implement its single purpose and to include as a component of roads, parkways, bridges, landscaping, irrigation, bicycle, and jogging paths, street lighting, traffic signals, road striping and all other customary elements of a modern road system in general or as tied to the conditions of development approval for the specific Ave Maria Community Development and to plan, implement, construct or reconstruct, enlarge or extend, finance fund, equip, operate and maintain parking facilities free standing or as may be related to any innovative strategic intermodel system of transportation pursuant to applicable federal, state and local law and ordinance. (e) Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. (f) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the District under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the District and who caused or contributed to the contamination. (g) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. 10H (h) Using its general and special powers as set forth in this Act, any other project within or without the boundaries of a District when the project is the subject of an agreement between the District and the Board of County Commissioners of Collier County or with any applicable other public or private entity, including a homeowner association, and is not inconsistent with the Collier County Comprehensive Plan and the Growth Management Act and the Stewardship Overlay which implement the single special purpose of the District. (i) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. (j) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. (k) School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. To contract with the Collier County School Board and, as applicable, the Board of County Commissioners of Collier County, and with the applicable landowner developer of the lands within the jurisdiction of the District, to assess the school district educational facilities plan and to implement a management and financing plan for timely construction, maintenance and acquisition, at the option of the Stewardship Community District, school facilities, including facilities identified in the facilities work programs or those proposed by charter schools. The Stewardship Community District is granted the special power to determine, order, levy, impose, collect or arrange for the collection and enforcement of assessments, as defined in this Act, pursuant to this Act for such school facilities. The Stewardship Community District created under and by this Act is eligible for the financial enhancements available to educational facility districts to provide for financing the construction and maintenance of educational facilities pursuant to s. 1013.356, Florida Statutes, and, if and when authorized by general law, to acquire such educational facilities. This Act in the place of an educational facilities benefit district, authorizes the Collier County School Board to designate the Ave Maria Stewardship Community District. The Stewardship Community District is authorized to enter into an interlocal agreement with the Collier County School Board and, as applicable, the Board of County Commissioners of Collier County, and applicable private landowners and developers, and the Ave Maria University, in order to provide for such construction, maintenance and acquisition and in order to receive the applicable financial enhancements provided by s. 1013.356, Florida Statutes The interlocal agreement shall among other things consider absorption rates, sales rates, and related data of existing and projected schools, racial, ethnic and social economic balance within the Collier County School District under applicable state and federal law and the provision of sc41ooI"~ i_i attendance zones to allow students residing within a reasonable distance of the facil,~ies~,~ constructed and financed through the interlocal agreement to attend such facilities. It is provided, because these facilities are funded by assessments, and not by taxes of any type, that the provision of these facilities may be multi-use and, consistent with the provisions of this Act, shall be first liens on the property upon a showing of special and peculiar benefits that flow to the applicable property as a logical connection from the systems, facilities and services, resulting in added use, enhanced enjoyment, decreased insurance premiums and enhanced value in marketability so that the Legislature finds that the provisions of the Florida Constitution for free public schools is implemented and enhanced. (1) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any powers of a law enforcement agency, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. Notwithstanding any provision of general law, the District may operate guardhouses for the limited purpose of providing security for the residents of the District and which serve a predominate public, as opposed to private, purpose. Such guardhouses shall be operated by the District or other unit of local government pursuant to procedures designed to serve such security purposes as set forth in rules, adopted by the board, from time to time, following the procedures set froth in chapter 120, Fla. Stat, as amended from time to time. (m) Control and elimination of mosquitoes and other arthropods of public health importance. (n) Waste, waste collection and disposal. (o) To enter into impact fee credit agreements with Collier County. Under such agreements, where the District constructs or makes contributions for public systems, facilities, services, projects, improvements, works and infrastructures for which impact fee credits would be available to the landowner developer, under the Collier County applicable impact fee ordinance, the agreement authorized by this Act shall provide such impact fee credit shall enure to the landowners within the District in portion to assessments or other burdens levied and imposed upon the landowners with respect to assessable improvements giving rise to such impact fee credits, and the District shall from time to time, execute such instruments (such as assignments of impact fee credits) as may be necessary, appropriate or desirable to accomplish or to confirm the foregoing. (p) District Government Departments. -To establish and create, at noticed meetings, slch0 H government departments of the Board of Supervisors of the District, as well as, committees, task forces, boards or commissions, or other agencies under the supervision and control of the District, as from time to time the members of the Board of Supervisors may deem necessary or desirable in the performance of the acts or other things necessary to exercise its general or special powers to implement an innovative project to carry out the special purpose of the District as provided in this Act and to delegate the exercise of its powers to such departments, boards, task forces, committees or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable but only if there is a set of expressed limitations for accountability, notice and periodic written reporting to the Board of Supervisors which shall retain its powers. (q) District Phase Entities, Units. - Consistent with stewardship of the Rural Land Stewardship Area Overlay and so long as not inconsistent with the applicable local government comprehensive plan and development entitlements, the District may coordinate with the landowner developer and with the university on the phasing of the delivery of infrastructure and may create phase entities or units for its charter purpose. Toward this end, and so long as it implements the purpose of the District under this Act, the Board of Supervisors may designate, therefore, units of development and adopt systems of progressive phased development by units with related management planning, implementation, construction, maintenance and financing within its phased unit. If the Board of Supervisors proceeds to designate such phased units of development, it must adopt at a noticed meeting pursuant to chapter 120, as amended from time to time, a rule setting forth detailed procedures and authorizations for such phase unit processes. A committee, department or agency of the Board shall be given express duty of oversight with monthly written reports to the Board of Supervisors. No such phased units can begin or operate until or unless the required noticed rule has been promulgated. With regard to any phased unit, there shall be no bonded indebtedness and no levy of any lienable or non-lienable revenue, whether to amortize bonds or not, within the boundary of a phrased unit other than by the Board of Supervisors and pursuant to the powers, procedures and provisions of this Act and other applicable laws. (r) District Buildings and Structures. To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, maintain, finance and fund buildings and structures for District offices, maintenance facilities, meeting facilities, town centers or any other project authorized or granted by this Act upon a showing at a noticed meeting of its efficacy to the ~and Stewardship Over]ay (s) Health Care Facilities. - To plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, maintain and finance and fund edifices and facilities for the provision of healthcare, and to include the operation of any one or more of such facilities, when authorized by applicable public or private agencies providing healthcare and upon a showing of efficacy to carry-out the purpose of the District in the Rural and Stewardship Overlay (t) Innovative Agreements with Ave Mafia University. - To enter into an agreement with the Ave Mafia University, upon a showing of efficacy in implementing the single specialized purpose of the District in the Stewardship Overlay, for the planning, establishment, acquisition, construction or reconstruction, enlarging or extending, equipping, operating, maintaining, financing and funding any innovative system, facility or service constituting a project as defined in this Act. (u) Rules. - To adopt and enforce appropriate rules following the procedures of chapter 120, in connection with the provisions of one or more its systems, facilities, services, projects, improvements, works and infrastructure. (v) The enumeration of special powers herein shall not be deemed exclusive or restrictive, but shall be deemed to incorporate all powers express or implied necessary or incident to carrying out such enumerated special powers, including also the general powers provided by this special act charter to the District to implement its single purpose. (w) The provisions of this section on special powers shall be construed liberally in order to carry out effectively the single purpose of this District under this Act and to secure for the District its ability to be innovative in and for the Rural Lands Stewardship Overlay. (10) Issuance of Bond Anticipation Notes.--In addition to the other powers provided for in this Act, and not in limitation thereof, the District shall have the power, at any time, and from time to time after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board may determine not to exceed the maximum rate allowed by general law, mature at such time or times not later than 5 years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The loa~ ~ may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued. (11) Short-term borrowing.--The District at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that may be incurred in connection with any of the projects of the District, which loans shall bear interest as the board determines as not to exceed the maximum rate allowed by general law, and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the District may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine, not to exceed the maximum rate allowed by general law, and to be sold or discounted at such price or prices not less than 95 percent of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the District. The approval of the electors residing in the District shall not be necessary except when required by the State Constitution. (12) Bonds (a) SALE OF BONDS.--Bonds may be sold in blocks or installments at different times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, including franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be: 1. The money paid for the bonds; 2. The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and indebtedness to contractors or other persons paid with such bonds, or the fair value o~n~ properties exchanged for the bonds, as determined by the board. (b) AUTHORIZATION AND FORM OF BONDS.--Any general obligation bonds, special assessment bonds, or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined in s. 2, sub-subsection (6)(j); the rate or rates of interest, not to exceed the maximum rate allowed by general law; the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance; the medium of payment; the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by s. 159.825(1)(f) and (g), as amended from time to time, regardless of the tax treatment of such bonds being authorized, subject to the finding by the board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the District may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. (c) INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.--Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutila~, 0 J_~ lost, or destroyed. (d) NEGOTIABILITY OF BONDS.--Any bond issued under this Act or any temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the state. (e) DEFEASANCE.--The board may make such provision with respect to the defeasance of the fight, title, and interest of the holders of any of the bonds and obligations of the District in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the fight, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the board shall determine. (f) ISSUANCE OF ADDITIONAL BONDS.--If the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds were issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds. (g) REFUNDING BONDS.--The District shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the board such issuance will be advantageous to the District. No approval of the qualified electors residing in the District shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the f~ll~ would be entitled if they continued to be the owners and had possession of the bonds refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this Act pertaining to bonds of the District shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to them. (h) REVENUE BONDS.-- 1. The District shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from special assessments; or from benefit special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. 2. Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the District and that revenue bonds to be thereafter issued by the District shall be on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds. (i) GENERAL OBLIGATION BONDS.-- 1. Subject to the limitations of this charter, the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation ,q bonds for which the full faith and credit of the District is pledged. Except for refunding bondtn0 H general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the board of county commissioners of the county upon the request of the board of the District. The expenses of calling and holding an election shall be at the expense of the District, and the District shall reimburse the county for any expenses incurred in calling or holding such election. 2. The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the District, to the extent necessary for the payment thereof, without limitations as to rate or amount. 3. If the board determines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and all such projects may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors. 4. In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to s. 4., subsection (12), paragraph (i)l., there shall not be included any general obligation bonds which are additionally secured by the pledge of: a. Any assessments levied in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured, which assessments have been equalized and confirmed by resolution of the board pursuant to this Act or section 170.08. b. Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured. c. Any combination of assessments and revenues described in subparagraphs a. and b. (j) BONDS AS LEGAL INVESTMENT OR SECURITY.-- 1. Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this Act shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or ot~er ~.~.~ .~; ~ political subdivision of the state and shall be and constitute security which may be deposite ? ,~yf~5~u' ~:'~ banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or voluntary statutory deposits. 2. Any bonds issued by the District shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof. (k) COVENANTS.-~Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable contracts between the District and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the District with respect to the operation of the project and the maintenance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the acquisition of outstanding bonds and obligations; restrictions on the establishing of competing projects or facilities; restrictions on the sale or disposal of the assets and property of the District; the priority of assessment liens; the priority of claims by bondholders on the taxing power of the District; the maintenance of deposits to assure the payment of revenues by users of District facilities and services; the discontinuance of District services by reason of delinquent payments; acceleration upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed necessary or desirable for the security of the bondholders. (1) VALIDATION PROCEEDINGS.--The power of the District to issue bonds under the provisions of this Act may be determined, and any of the bonds of the District maturing over a period of more than 5 years shall be validated and confirmed, by court decree, under the provisions of chapter 75 and laws amendatory thereof or supplementary thereto. (m) TAX EXEMPTION.-- To the extent allowed by general law, all bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the District from the projects provided by this Act are exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof; however, any interest, income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chapter 220. Further, the District is not exempt from the provisions of chapter 212. meet on time. (n) APPLICATION OF SECTION 189.4085.-- Bonds issued by the District shall the criteria set forth in section 189.4085, Florida Statutes, as amended from time t 0 ~. (o) ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS.-- This Act constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the District provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, or any board, officers, commission, department, agency, or instrumentality of the District, other than those required by this Act, shall be required to perform anything under this Act, except that the issuance or sale of bonds pursuant to the provisions of this Act shall comply with the general law requirements applicable to the issuance or sale of bonds by the District. Nothing in this Act shall be construed to authorize the District to utilize bond proceeds to fund the ongoing operations of the District. (p) PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE DISTRICT.--The state pledges to the holders of any bonds issued under this Act that it will not limit or alter the rights of the District to own, acquire, construct, reconstruct, improve, maintain, operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations and that it will not in any way impair the rights or remedies of such holders. (q) DEFAULT.--A default on the bonds or obligations of a District shall not constitute a debt or obligation of the state or any local general-purpose government or the state. (13) Trust agreements.--Any issue of bonds shall be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the District in relation to: the acquisition, construction, reconstruction, improvement, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust company within or without the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such ,5 /t securities as may be required by the District. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individfl~)l right of action by bondholders. The board may provide for the payment of proceeds of the sale~ the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains. (14) Ad valorem taxes; assessments (benefit special assessments, maintenance special assessments and special assessments); maintenance taxes -- (a) AD VALOREM TAXES.--An elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the District to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the District; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution. (b) BENEFIT SPECIAL ASSESSMENTS.--The board annually shall determine, order, and levy the annual installment of the total benefit special assessments (assessments) for bonds issued and related expenses to finance assessable improvements. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either s. 197.3632 or chapter 173, as each may be amended from time to time, for collecting and enforcing these assessments. Each annual installment of benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the District's powers under s. 4, ss. (8) and (9) shall be determined by the board based upon a report of the District's engineer and assessed by the board upon such lands, which may be part or all of the lands within the District benefitted by the improvement, apportioned between benefitted lands in proportion to the benefits received by each tract of land. The Board may, if it determines it is in the best interests of the District, set forth in the proceedings initially levying such benefit special assessments or in subsequent proceedings a formula for the determination of an amount, which when paid by a taxpayer with respect to any tax parcel, shall constitute a prepayment of all future annual installments of such benefit special assessments and that the payment of which amount with respect to such tax parcel shall relieve and discharge such tax parcel of the lien of such benefit special assessments and any subsequent annual installment thereof. The board may provide further that upon delinquency in the payment of any annual installment of benefit special assessments, the prepayment amount of all future annual installments of benefit special assessments as determined in the preceding sentence shall be and become immediately due and payable together with such delinquent annual installment. (c) NON-AD VALOREM MAINTENANCE TAXES. -- If and when authorized by general law, to maintain and to preserve the physical facilities and services constituting the works, improvements or infrastructure provided by the District pursuant to this Act, and to repair and restore any one or more of them, when needed, and for the purpose of defraying the current expenses of the District, including any sum which may be required to pay state and county ad valorem taxes on any lands which may have been purchased and which are held by the District under the provisions of this Act, the Board of Supervisors may, upon the completion of said systems, facilities, services, works, improvements or infrastructure, in whole or in part, as may be certified to the board by the engineer of the board, levy annually a non-ad valorem and non- millage tax upon each tract or parcel of land within the District, to be known as a "maintenance tax." This non-ad valorem maintenance tax shall be apportioned upon the basis of the net assessments of benefits assessed as accruing from the original construction, and shall be evidence to, and certified by, the Board of Supervisors of the District, not later than 1 June of each year to the Property Appraiser of Collier County and shall be extended by the Property Appraiser on the tax roll of the Property Appraiser, as certified by the Property Appraiser to the Tax Collector, and collected by the Tax Collector on the merged collection roll of the Tax Collector in the same manner and time as county ad valorem taxes, and the proceeds therefrom shall be paid to the District. This non-ad valorem maintenance tax shall be a lien until paid on the property against which assessed and enforceable in like manner and of the same dignity as county ad valorem taxes. (d) MAINTENANCE SPECIAL ASSESSMENTS.--To maintain and preserve the facilities and projects of the District, the board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the property appraiser bY the Board ot Supervisors not later than August 31 of each year and shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either s. 197.363., s. 197.3631 or s. 197.3632, as any one or more may be amended from time to time, for collecting and enforcing these assessments. These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under s. 4, shall be determined by the board based upon a report of the District's engineer and assessed by the board upon such lands, which may be all of the lands within the District benefitted by the maintenance thereof, apportioned between the benefitted lands in proportion to the benefits received by each tract of land. (e) SPECIAL ASSESSMENTS. -- To levy and impose any special assessments pursuant to s. 4 ss. (15). (f) ENFORCEMENT OF TAXES.--The collection and enforcement of all taxes levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes. (g) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--All taxes provided for in this Act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes. (h) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special assessments and special assessments are hereby found and determined to be non-ad valorem assessments as defined by s. 197.3632. Maintenance taxes are non ad valorem taxes and are not special assessments. (i) ASSESSMENTS CONSTITUTE LIENS; COIJlJECTION.-- Any and all assessments including special assessments, benefit special assessments and maintenance special assessments authorized by this section, and including special assessments as defined by s.2, subsection (6) paragraph (aa) and granted and authorized by s. 4, subsections (14) and (15), and including maintenance taxes if authorized by general law, shall constitute a lien on the prope~y against which assessed from the date of levy and imposition thereof until paid, coequal with lien of state, county, municipal, and school board taxes. These assessments may be collected, at the District's discretion, under authority of s. 197.3631, as amended from time to time, by the Tax Collector pursuant to the provisions of s. 197.3632, and 197.3635, as amended from time to time, or in accordance with other collection measures provided by law. In addition to, and not in limitation of any powers otherwise set forth herein or in general law, these assessments may also be enforced pursuant to the provisions of chapter 173, as amended from time to time. (j) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter, or chapter 170, chapter 197, as each may be amended from time to time, or otherwise, by a board of a District, on property of a governmental entity that is subject to a ground lease as described in s. 190.003(13), as amended from time to time, shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity. (15) Special Assessments- (a) As an alternative method to the levy and imposition of special assessments pursuant to chapter 170, Florida Statutes, as amended from time to time, pursuant to the authority of section 197.3631, Florida Statutes,as amended from time to time, or pursuant to other provisions of general law, now or hereinafter enacted, which provide a supplemental means or authority to impose, levy and collect special assessments as otherwise authorized under this Act, the board may levy and impose special assessments to finance the exercise of any its powers permitted under this Act using the following uniform procedures. 1. At a noticed meeting consider and review an engineer's report on the costs of the systems, facilities and services to be provided, a preliminary assessment methodology and a preliminary roll based on acreage or platted lands, depending upon whether platting has occurred. 2. The assessment methodology shall address and discuss and the board shall consider whether the systems, facilities and services being contemplated will result in special benefits peculiar to the property, different in kind and degree than general benefits, as a logical connection between the systems, facilities and services themselves and the property, and whether the duty to pay the assessments by the property owners is apportioned in a manner that is fair and equitable and not in excess of the special benefit received. It shall be fair and equitable to designate a fixed proportion of the annual debt service, together with interest thereon, on the aggregate principal amount of bonds issued to finance such systems, facilities and services which give rise to unique, special and peculiar benefits to property of the same or similar characteristics under the assessment methodology so long as such fixed proportion does not exceed the unique, special and peculiar benefits enjoyed by such property from such systems, facilities and services. 3. The engineer's cost report shall identify the nature of the proposed systems, facilities and services, their location, a cost breakdown plus a total estimated cost, including cost of construction or reconstruction, labor and materials, lands, property, rights, easements, franchises or systems, facilities and services to be acquired, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering, legal and other professional consultation services and other expenses or costs necessary or incident to determining the feasibility or practicability of such construction, reconstruction or acquisition, administrative expenses, relationship to the authority and power of the District in its charter, and such other expense or costs as may be necessary or incident to the financing to be authorized by the Board of Supervisors. 4. The preliminary assessment roll to be prepared will be in accordance with the method of assessment provided for in the assessment methodology and as may be adopted by the Board of Supervisors; the assessment roll shall be completed as promptly as possible and shall show the acreage, lots, lands or plats assessed and the amount of the fairly and reasonably apportioned assessment based on special and peculiar benefit to the property, lot, parcel or acreage of land and, if the assessment against each such lot, parcel, acreage or portion of land is to be paid in installments, the number of annual installments in which the assessment is divided shall be entered into and shown upon the assessment roll. 5. The Board of Supervisors of the District may determine and declare by an initial assessment resolution to levy and assess the assessments with respect to assessable improvements stating the nature of the systems, facilities and services, improvements, projects or infrastructure constituting such assessable improvements, the information in the engineer's cost report, the information in the assessment methodology as determined by the board at the noticed meeting and referencing and incorporating as part of the resolution the engineer's cost report, the preliminary assessment methodology and the preliminary assessment roll as referenced exhibits to the resolution by reference; if the board determines to declare and levy the special assessments by the initial assessment resolution, the board shall also adopt and declare a notice resolution which shall provide and cause the initial assessment resolution to be published once a week for a period of two weeks in a newspaper of general circulation published in Collier County and said board shall by the same resolution fix a time and place at which the owner or owners of the property to be assessed or any other persons interested therein may appear before said board and be heard as to the propriety and advisability of making such improvements, as to the costs t thereof, as to the manner of payment therefore and as to the amount thereof to be assessed again~, each property so improved. Thirty day's notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each assessed property owner at his or her last known address, the names and addresses of such property owners to be obtained from the record of the property appraiser of the county political subdivision where the land is located or from such other sources as the District manager or engineer deems reliable, proof of such mailing shall be made by the affidavit of the manager of the District or by the engineer, said proof to be filed with the manager of the District, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. It is provided further that the last publication shall be at least one week prior to the date of the heating on the final assessment resolution. Said notice shall describe the general areas to be improved and advise all person interested that the description of each property to be assessed and the amount to be assessed to each piece, parcel, lot or acre of property may be ascertained at the office of the manager of the District. Such service by publication shall be verified by the affidavit of the publisher and filed with the manager of the District. Moreover, the initial assessment resolution with its attached, referenced and incorporated engineer's cost report, preliminary assessment methodology and preliminary assessment roll, along with the notice resolution, shall be available for public inspection at the office of the manager and the office of the engineer or any other office designated by the Board of Supervisors in the notice resolution. Notwithstanding the foregoing, the landowners of all of the property which is proposed to be assessed may give the District written notice of waiver of any notice and publication provided for in this subparagraph 5. and such notice and publication shall not be required; provided, however, that any meeting of the Board of Supervisors to consider such resolution shall be a publicly noticed meeting. 6. At the time and place named in the noticed resolution as provided for in subparagraph 5., the Board of Supervisors of the District shall meet and hear testimony from affected property owners as to the propriety and advisability of making the systems, facilities, services, projects, works, improvements or infrastructure and funding them with assessments referenced in the initial assessment resolution on the property. Following the testimony and questions from the members of the board or any professional advisors to the District of the preparers of the engineer's cost report, the assessment methodology and the assessment roll, the Board of Supervisors shall make a final decision on whether to levy and assess the particular assessments. Thereafter, the Board of Supervisors shall meet as an equalizing board to hear and to consider any and all complaints as to the particular assessments and shall adjust and eqIiz~ H the assessments on the basis of justice and right. 7. When so equalized and approved by resolution or ordinance by the Board of Supervisors, to be called the final assessment resolution, a final assessment roll shall be filed with the clerk of the board and such assessment shall stand confirmed and remain legal, valid and binding first liens on the property against which such assessments are made until paid, equal in dignity to the first liens of ad valorem taxation of county governments and school boards; however, upon completion of the systems, facilities, service, project, improvement, works or infrastructure, the District shall credit to each of assessments the difference in the assessment as originally made, approved, levied and assessed, and confirmed and the proportionate part of the actual cost of the improvement to be paid by the particular special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessment exceed the amount of the special and peculiar benefits as apportioned fairly and reasonably to the property from the system, facility or service being provided as originally assessed. Promptly after such confirmation, the assessment shall be recorded by the clerk of the District in the minutes of the proceedings of the District and the record of the lien in this set of minutes shall constitute prima facie evidence of its validity. The Board of Supervisors, in its sole discretion, may, by resolution grant a discount equal to all or a part of the payee's proportionate share of the cost of the project consisting of bond financing cost, such as capitalized interest, funded reserves, and bond discounts included in the estimated cost of the project, upon payment in full of any assessments during such period prior to the time such financing costs are incurred as may be specified by the Board of Supervisors in such resolution. 8. District assessments may be made payable in installments over no more than 30 years from the date of the payment of the first installment thereof and may bear interest at fixed or variable rates. (b) Notwithstanding any provision hereof or chapter 170, the provisions of section 170.09, as amended from time to time, which provide that assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the governing authority, shall not be applicable to any District assessments, whether imposed, levied and collected pursuant to the provisions of this Act or other provisions of Florida law, including, but not limited to chapter 170. (c) In addition, the District is authorized expressly in the exercise of its rulemaking power to promulgate a rule or rules which provides or provide for notice, levy, imposition, equalization and collection of assessments. (16) Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.-- ~ if~!~ (a) The board may, after any special assessments or benefit special assessments for assessable improvements are made, determined, and confirmed as provided in this Act, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefitted, as the case may be; and separate certificates shall be issued against each part or parcel of land or property assessed, which certificates shall state the general nature of the improvement for which the assessment is made. The certificates shall be payable in annual installments in accordance with the installments of the special assessment for which they are issued. The board may determine the interest to be bome by such certificates, not to exceed the maximum rate allowed by general law, and may sell such certificates at either private or public sale and determine the form, manner of execution, and other details of such certificates. The certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements. (b) The District may also issue assessment bonds, revenue bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding subsection may be deposited; or, if such certificates of indebtedness have not been issued, the District may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in this Act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section. The District is authorized to covenant with the holders of such assessment bonds, revenue bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund; to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in the special fund, after such assessment liens have become delinquent, and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund; and tlm0 t-I any other covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations. (c) The assessment bonds, revenue bonds or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the board; however, the maturities of such assessment bonds or other obligations shall not be more than 2 years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens, or the certificates of indebtedness representing such assessment liens, are assigned to or deposited in such special fund. (d) Such assessment bonds, revenue bonds or other obligations issued under this section shall bear such interest as the board may determine, not to exceed the maximum rate allowed by general law, and shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and shall be subject to all of the applicable provisions contained in this Act for revenue bonds, except as the same may be inconsistent with the provisions of this section. (e) All assessment bonds, revenue bonds or other obligations issued under the provisions of this section shall be and constitute and shall have all the qualities and incidents of negotiable instruments under the law merchant and the laws of the state. (17) Tax liens.--All taxes of the District provided for in this Act, except together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the District for state and county or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made. In addition to, and not in limitation of, the preceding sentence, for purposes of s. 197.552, as amended from time to time, the lien of all special assessments levied by the district shall constitute a lien of record held by a municipal or county governmental unit. The provisions of ss. 194.171, 197.122, 197.333, and 197.432, as each may be amended from time to time, shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this Act. (18) Payment of taxes and redemption of tax liens by the District; sharing in proceeds of tax sale.-- (a) The District shall have the power and right to: ~ .~..~ 1. Pay any delinquent state, county, District, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the District; and 2. Redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the District. (b) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this Act. (c) In any sale of land pursuant to s. 197.542, as may be amended from time to time, the District may certify to the clerk of the circuit court of the county holding such sale the amount of taxes due to the District upon the lands sought to be sold; and the District shall share in the disbursement of the sales proceeds in accordance with the provisions of this Act and under the laws of the state. (19) Foreclosure of liens.--Any lien in favor of the District arising under this Act may be foreclosed by the District by foreclosure proceedings in the name of the District in a court of competent jurisdiction as provided by general law in like manner as is provided in chapter 173 and amendments thereto; the provisions of that chapter shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this Act. Any act required or authorized to be done by or on behalf of a municipality in foreclosure proceedings under chapter 173 may be performed by such officer or agent of the District as the Board of Supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of 1 year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available. (20) Mandatory use of certain District systems, facilities and services.----To the full extent permitted by law, the District shall require all lands, buildings, premises, persons, firms and corporations within the District to use the water management and control facilities and water and sewer facilities of the District. (21) Competitive procurement (bids; negotiations; related provisions) required .-- mate~ou~nt I- (a) No contract shall be let by the board for any goods, supplies, or be purchased when the amount thereof to be paid by the District shall exceed the provided in s. 287.017, as amended from time to time, for category four, unless notice of bids shall be advertised once in a newspaper in general circulation in Collier County. Any board seeking to construct or improve a public building, structure, or other public works shall comply with the bidding procedures of s. 255.20, as amended from time to time, and other applicable general law. In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are rejected because the bids are too high, or the board determines it is in the best interests of the District to reject all bids. The board may require the bidders to furnish bond with a responsible surety to be approved by the board. Nothing in this section shall prevent the board from undertaking and performing the construction, operation, and maintenance of any project or facility authorized by this Act by the employment of labor, material, and machinery. (b) The provisions of the Consultants' Competitive Negotiation Act, s. 287.055, as amended from time to time, apply to contracts for engineering, architecture, landscape architecture, or registered surveying and mapping services let by the board. (c) Contracts for maintenance services for any District facility or project shall be subject to competitive bidding requirements when the amount thereof to be paid by the District exceeds the amount provided in s. 287.017, as amended from time to time, for category four. The District shall adopt rules, policies, or procedures establishing competitive bidding procedures for maintenance services. Contracts for other services shall not be subject to competitive bidding unless the District adopts a rule, policy, or procedure applying competitive bidding procedures to said contracts. (22) Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue requirements.-- (a) The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same from time to time, for the systems, facilities and services furnished by the District, within the limits of the District, including, but not limited to, recreational facilities, water management and control facilities, and water and sewer systems; to recover the costs of making connection with any District service, facility or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent. (b) No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed r~s,~ fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under'ttie administrative rulemaking authority of the District, but shall not apply to District leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been published in a newspaper of general circulation in Collier County at least once and at least 10 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. (c) Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis. (d) The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: 1. To provide for all expenses of operation and maintenance of such facility or service; 2. To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and 3. To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this Act. (e) The board shall have the power to enter into contracts for the use of the projects of the District and with respect to the services, systems and facilities furnished or to be furnished by the District. (23) Recovery of delinquent charges.--In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and when due and shall be in default for 60 days_or . more, the unpaid balance thereof and all interest accrued thereon, together with reasonall.e U t attorney's fees and costs, may be recovered by the District in a civil action. (24) Discontinuance of service.--In the event the fees, rentals, or other charges for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including interest, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or premises of any person, firm, corporation, or body, public or private, within the District limits. Such delinquent fees, rentals, or other charges, together with interest, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities and reasonable attorney's fees and other expenses, may be recovered by the District, which may also enforce payment of such delinquent fees, rentals, or other charges by any other lawful method of enforcement. (25) Enforcement and penalties.--The board or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this Act, including injunctive relief to enjoin or restrain any person violating the provisions of this Act or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this Act. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this Act or of any code, order, resolution, or other regulation made under authority conferred by this Act or under law, the board or any citizen residing in the District may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water. (26) Suits against the District.---Any suit or action brought or maintained against the District for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in s. 768.28, as amended from time to time. (27) Exemption of District property from execution.--All District property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the District be a charge or lien on its property or revenues; however, nothing contained herein shall apply to or limit the rights,~f bondholders to pursue any remedy for the enforcement of any lien or pledge given by the DistriCt in connection with any of the bonds or obligations of the District. (28) Termination, contraction, or expansion of District.-- (a) The Board may ask the Legislature through its local legislative delegation in and for Collier County to amend this Act to contract, to expand or to contract and to expand the boundaries of the District by amendment of section 4 to this Act. (b) The District shall remain in existence until: 1. The District is terminated and dissolved pursuant to amendment to this Act by the Florida Legislature. 2. The District has become inactive pursuant to s. 189.4044. (29) The inclusion of any or all territory of the District within a municipality does not change, alter or affect the boundary, territory, existence or jurisdiction of the District. (30) Sale of real estate within a District; required disclosure to purchaser.--Subsequent to the creation of this District under this Act, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the District shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." (31) Notice of creation and establishment.--Within 30 days after the election of the first Board of Supervisors creating this District, the District shall cause to be recorded in the property records in the county in which it is located a "Notice of Creation and Establishment of the Ave Mafia Stewardship Community District." The notice shall, at a minimum, include the legal description of the property of the landowners who have consented to establishment of this District and a copy of the disclosure statement specified in s. 4, subsection (30). OH (32) Any system, facility, service, works, improvement, project or other infrastructure owned by the District, or funded by federal tax exempt bonding issued by the District, is publi~i the District by rule may regulate, and may impose reasonable charges or fees for, the use thereof but not to the extent that such regulation or imposition of such charges or fees constitutes denial of reasonable access. Section 5. (1) In the even of a conflict between the provisions of this Act and the provisions of any other Act, the provisions of this Act shall control to the extent of such conflict. (2) If any provision of this Act is determined unconstitutional or otherwise determined invalid by a court of law, all the rest and remainder of the Act shall remain in full force and effect as the law of Florida. Section 6. This Act shall take effect upon becoming a law. 18/27/2883 08:81 7744818 COUNTY HGR OFER_ OE PAGE 02 Barren Collier COMPANIES October 24, 2003 1OH James V. Mudd Collier County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Ave Maria - Transportation Mitigation Dear Mr. Mudd: I am writing you in my capacity as President of the managing joint venturer of New Town Development LLLP (herein "JV"), a joint venture of Barren Collier Company and Ave Maria University Foundation. This letter is to set forth. JV's commitmm~t to work with thc County to provide an improved transportation network in the vicinity of Ave Maria, which includes Ave Maria University and the Town of Ave Maria. The JV is cmm'nitted to pay its "fair" share of necessary improvements to the Collier County road system to fully mitigate the impacts of Ave Mafi. a. As you are well aware, one of the fundamental goals of the University and supporting Ave Maria Town is to internalize traffic. This "internalization" is a direct result of the character of the University, where 95% of the studmats reside on campus, and a lin'ge percentage of faculty and staff reside on campus or in the adjoining neighborhoods of Ave Maria Town. The function of the town, particularly in its early phases, is to provide the support services for the University, its students, faculty and staff and thus maximize the internalization of required trips. This letter is a statement of our understanding of joint and several efforts of JV and County staff to address transportation issues, as well as a commitment regarding dght-of-way donation. In addition to the payment of all lawfully enacted impact fees, Barren Collier, as a joint venturer in thc JV, agrees to donate fight-of-way under the conditions specified herein in order to further mitigate the impacts of Ave Maria on the County's road network, particularly the road system in reasonable proximity to Ave Maria. County staff and IV agree to work collaborativcly to address transportation needs in the area around Ave Maria. In particular, County Manager and County st~f w/Il use their best efforts to have thc expansion of Oil Well Road from Immokalec Road to Camp Keais Road and Camp Keais Road from Oil Well Road to Immokalee Road Cnereinal~er OW/CK road segments) included in MPO's Long-Range Transportation Plan. In addition, JV and County staff will use 18/27/2883 88:81 7744818 COUNTY MGR OFER_ CE PAGE 83 Mi'. James V. Mudd October 24, 2003 Page 2 1OH their best efforts to have those improvements to OW/CK road segmcn,ts includexl in thc State's five-year work program in order for Count3, expenditures for road improvements thereon to be eligible for reimbursement with state or federal dollars. County staff will undertake to ensure that impact fees .from Ave Maria are utilized for road capacity improveraonts to the OW/CK road segments until funding for the four laning of those segments is in place and dexiicatcd to that purpose. Barren Collier Company agrees to make the following tight-of-way donations totaling approximately 115 acres to the County after approval of the SRA for the Ave Maria Town. and University and the issuance of a Development of Regional Impact DeveIopment Order for that development, and no later than 30 days after the four laning improvements for the OW/CK road segments are included in the first three years of the County's CIE. These donations will be sufficient to allow six laning ofthcsc road segments in the future. Oil Well Road -Barren Collier interests own land for approximately 3-1/2 miles on thc north side of Oil Well Road starting at Camp Kcais Road and proceeding to the west. Barren Collier agrees to donate sufficient right-of- way on that section so that the County has 200 feet of right-of-way for the expansion of Oil Well Road, subject to the conditions set forth herein. Camp Keats Road - Barren Collier interests owns land along the west side of the entire 5-mi1¢ section of Camp Keats Road from. Immokalee Road to Oil Well Road. Barren Collier agrees to donate sufficient right-of-way on that section so that the County has 200 feet of right-of-way for the expansion of Camp Keats Road, subject to the conditions set forth herein. These donations shall convey fee tire, and IV and Barren Collier agree not to seek impact fee credits for said donations. County understands that a condition of the donation of approximately 115 acres of right-of- way for improvements to OW/CK road segments is the right of IV to utilize the value of that donation to demonstrate its mitigation of impacts to the regional road network during the DRI process. A further condition of the donation of right-of-way as set forth herein is that the Oil Well Road-Camp Keais Road alt~'native is prioritized over the four-laning of the Immokalee Road segment from Oil Well Road to the in.tersect/on of Immokalee Road and Camp Keats Road. In addition, County staff will use its best efforts to accelerate the timing of the four- laning of these road segments, with thc expectation of achieving 4 laning in the 2010 time frame. County and JV will work collaboratively to choose thc appropriate roadway cross section(s) for the OW/CK road segments four laning, including medians, drainage, storm water retention ponds, etc. The expansion of these road segments will also aid in the transition from .rural uses to the south and east of Oil Well and Camp Keais Roads, respectively, to the more developed nature of Ave Maria property to the north and west of said road segments. 10/27/2003 08:01 7744010 COUNTY MGR OFER_ OE PAGE 04 Mr. James V. Mudd Octobcr 24, 2003 Page 3 The commitment and intentions of the pard.es herein will be memodalized in a Collier County Development Order, Developer Contribution Agreement, or Development Agreement pursuant to subsection 380.06 of the Florida Statutes. Since the impacts of this project will be thc subject of analysis during the DRI process, it is the intent of the pazties to formalize the commitments mate herein during that time frame. In addition and subject to thc requirements of the Collier County Ordinances regarding the same, the parties shall have tl.~.e option to enter into an agreement granting vested fights as to certain aspects of Ave Maria as a rcsult of the donation set forth herein and the prepayment of impact fees for some portion of the development contemplated in the DRI. Until such time as the four laning of the OW/CK road segments arc four laned, any such prepaym~t of impact fees shall be used solely for expansion of the OW/CK mad segments. think this letter reflects a correct statement of thc parties' intentions and, through our commitment to donate a substantial amount of riF=2tt-of-way, our willingness to work collaboratively with the County to address matters of material interest and concern. Paul~,~rrinelli, Prosi d~m;t CoQ'mr Companies lOH STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS " Oedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary November 22,2004 Mr. Thomas W. Sansbury Barron Collier Companies 2600 Goldengate Parkway Naples, Florida 34105 Re: Ave Maria Stewardship Community District Established by Chapter 2004-461, Laws of Florida Dear Mr. Sansbury: Ms. Frances J. Ware recently registered the above referenced special district with the Special District Information Program and identified you as the district's registered agent. Based on Section 189.403, Florida Statutes, I have classified its status as independent because Chapter 2004-461, Laws of Florida, identified it as such. All special districts must comply with the requirements of Chapter 189, Florida Statutes and Rule Chapter 9B-50, Florida Administrative Code. As part of these requirements, please verify and update the information on the enclosed Special District Fee Invoice and Update Form, sign and date it, then return it, along with the fee, to the address below by the due date on the form. It is very important that the information on this form be complete and accurate since we must make this information available through the Official List of Special Districts On-Line (FloridaSpeciaIDistricts.org). Department of Community Affairs Finance and Accounting Office 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 For more information about special districts, the annual special district fee, and other special district requirements including reporting requirements, please visit FloridaSpeciaIDistricts.org. For detailed information, you may view online or download the Florida Special District Handbook. If you have any questions, please do not hesitate to call me directly at (850) 922-1457 (Suncom 292-1457). Ene.: Special District Fee Invoice and U date Form cc: ~er County Clerk of the Circuit Court (wlo enclosure) 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway. Suile 212 Marathon, FL 33050-2227 (3051 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING 8< COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 14A DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF JANUARY 9, 2004 Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTItOUSE 3301 TAMIAMI TRAIL E~ST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 27, 2003 The Honorable Thomas Henning, Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RECEIVED OCT 2 7 2003 of gou~t~ Coa~tsstoaers Dear Commissioner Henning: Pursuant to Section 218.36, Florida Statutes, I hereby submit to you $12,331,269 as the unexpended balance of the Clerk of the Circuit Court's general fund for FY 2002-2003. The following unexpended portion is the culmination of the eftbrts of the Clerk's staff at efficiently dispensing the duties of the Clerk of the Circuit Court for the aforementioned fiscal year. On the morning of October 29, 2003 $2,535,396 will be conveyed by wire transfer into the operating account of the Collier County Board of County Commissioners. It is important to note that this does not include $9,795,873 of interest income, which was previously disbursed to the Board's General Fund. Each of the individuals working on the Clerk's staff has endeavored to minimize the impact of this office on the taxpayers of Collier County while providing them with the highest quality service possible. I wish to thank each of these individuals who have worked so hard in making the Clerk's office efficient and effective. If you should have any questions or need additional information, please feel free to contact me at (239) 732-2745 or Jim Mitchell, Director of Finance and Accounting, at (239) 774-8404. Respectfully, Clerk of the Circuit Court DEB/jlm Cc: James V. Mudd, County Manager Phone- (239) 732-2646 Website- www.clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerk(-~_~clerk, coUier.fl.us PROPERTY APPRAISER COLLIER COUNTY ABE SKINNER,iF EACH MM. REC'D COPY DF F L FC JC RECEIVED October 14, 2003 Collier County Board of Commission Courthouse Complex - Building F Naples, Florida 34112 OCT 2 7 2003 Board of Count~ Commfssfoners Dear Commissioners: As you know, it is customary that unspent budget funds are returned to the county after the fiscal year ends. This past year, due to staff innovation and untiring efforts, the Property Appraiser's Office is able to significantly increase the amount returned. The office requested funding to purchase a new state of the art appraisal system last year, and after reviewing several presentations, decided that staff could develop one that was better, more suited to our needs and much more cost effective. I cannot tell you how fortunate county taxpayers and this office is to have this amount of expertise in-house. In addition, due to the office's most useful and popular Geographic Information System (GIS) and the public's demand for maps and other statistical information, significant fee collection is being realize. · 'S The Property Apprmser Office is fully aware that we are here to serve and to guard the public's trust and funding by returning a total amount of $1,337,053.74 from the 03 fiscal year budget. In keeping with that philosophy, the Property Appraiser's budget adopted for fiscal year 04 has been reduced by 4.759%. I appreciate the opportunity to bring this information to your attention. Sincerely, Abe Skinner Collier County Property Appraiser cc: Honorable Tom Henning Honorable Donna Fiala Honorable James Coletta Honorable Fred Coyle Honorable Frank Halas Mr. Jim Mudd MEMBER: FLORIDA ASSOCIATION OF PROPERTY APPRAISERS · INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS 3285 Tarniarni Trail East · Naples, Florida 34112-5758 ' (239) 774-8141 · Fax: (239) 774-2071 www. collierappraisec corn MEMORANDUM Date: To: From: Re: October 29, 2003 John Houldsworth, Senior Engineer Planning Services Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-364/Ibis Cove, Phase 1 Enclosed please find one copy of the document as referenced above (Agenda Item #16A1), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure RESOLUTION NO. 03- 3 6 4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN IBIS COVE, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 14, 2000 approved the plat of Ibis Cove, Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Ibis Cove, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Ibis Cove homeowners association. This ,Resolution adopted after motion, second and majority vote favoring same. 'DATE: IO-~.c~ "~'" 'ATTEST: 'DWIGHT E.i:,BKOCK, CLERK st~ature onll. Approved a~ to fo~ ~d legal Patrick G. White Assist~t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUIYTY, FLORIDA o BY:T MEMORANDUM Date: To: From: Re: October 30, 2003 John Houldsworth, Senior Engineer Planning Services Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-365/Naples Lake Shopping Center Enclosed please find one copy of the document as referenced above (Agenda Item #16A2), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure RESOLUTION NO. 03- 365 16A2"'. '"", RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL APPROV AL OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN NAPLES LAKES SHOPPING CENTER, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY-OWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 12,2001 approved the plat of Naples Lakes Shopping Center for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Naples Lakes Shopping Center, and acceptance of the dedications found at Plat Book 36, Page 98, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the water and sewer improvements; the roadway and drainage improvements will be maintained by the Naples Lakes Shopping Center property-owners association. This Resolution adopted after motion, second and majority vote favoring same. 'o~" J 1 L~ C)t'~~l¡l~ \ 1 \ \ ,\-1 . ......:'" ~~''\. ¡ I, DA"Œ::'J~)2Cjf \b~< c¿~ ", A'T"T'E'S'l2'· " '" .; '.:~~ 1(":..' "1'. (.I.;¡'(.'-::-··'> . .',:", D~IþH~. Èh:~.RQ~, þt.ERK , ::~", ".J' "':>/:;: ,~, b I" '\' " c.. . ' . \~, , . , \ . '1 ". ~-..;> . ~ . BOARD OF COUNTY COMMISSIONERS ::LLŒRIFLO IDA TOM HENNING, CHAIRMAN Patrick . hite Assistant Collier County Attorney 16A4"· iJ ~¡ MEMORANDUM Date: October 30,2003 To: John Houldsworth, Senior Engineer Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-366/Naples Gateway, Phase 2 Enclosed please find one copy of the document as referenced above (Agenda Item #16A4), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure .-.-,.,,-.--- 16A4·~ RESOLUTION NO. 03- 366 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN NAPLES GATEWAY, PHASE 2, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY -OWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 24,2000 approved the plat of Naples Gateway, Phase 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Naples Gateway, Phase 2 , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Naples Gateway Property- owner's Association. This Resolution adopted after motion, second and majority vote favoring same. .. " .. ' " ... " " " ~ DATE;"fb fª~f8~~~"", ATTEST- .... ..' ·c'... '. DWIGHT:'E.,ßROck" C~%RK ; r', " ...(; BOARD OF COUNTY COMMISSIONERS COLLIER C07Y' FLO A I Þ .L. By: ~1'Jt... TOM HENNING, , '.\\ / . . , ~\. '-."; .;>.,.;" .' .~ Att.~t~'to. 1~ s ignatw:-W?... 1:J..?\'-' ~~mdlegaJ Patrick G. White Assistant Collier County Attorney 16A5'" ~ 'i"k-o' MEMORANDUM Date: October 30,2003 To: John Houldsworth, Senior Engineer Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-367/Acceptance of "Arielle" roadway improvements Enclosed please find one copy of the document as referenced above (Agenda Item #16A5), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure 16A5"· RESOLUTION NO. 03-367 ·,I.J,'"I RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ARIELLE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 25, 1996 approved the plat of Arielle for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Arielle , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. .............,",.....\ '\, '\ \ \ -- 1\' ~f't I, -- <"\~" ~,·,,·,r-.t) 'I, /~ ·~6~1Ê~~ '.: J 'Ö:r ~~J ~3 {""', _ . - -. - -- t·1'. .." I : oJ Ar.TES1;,~\ " C:. ~ { . - ," - - '" - .. '.- , f :¡ pWJGHTj~.,S~O;QIí-,~CLERK bj. A'::. ", " ..j :::~ ! .~ '....,r·'·'-- " (.,.. .. ." .:', Át~{~ 'ltS' o' ~~&i' ' ·s , ,Þ 0' ( 1 I,j· "~ , s i gr1 &.t µ~ I ð . ~~ved as to, form and legal ~.~ Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .( . By: 16A ( ¡'''"'; '...J " This instrument prepared by: Mark Price, Esq. Roetzel & Andress, LP A 850 Park Shore Drive Naples, FL 34103 Return to above when recorded. CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 10th day of June, 2004 by NORTH NAPLES GOLF RANGE, INC., A FLORIDA CORPORATION, AS TRUSTEE OF THE SJG LAND TRUST AGREEMENT, U/A DATED 5/29/97 (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"), FIRST INTEGRITY BANK, N .A., a Minnesota bank corporation (hereinafter "Lender") and THE MARCH GROUP LLC, a Florida limited liability company (hereinafter "March"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as the North Naples Research and Technology Park ("Subdivision"). B. The Subdivision will include and Developer is required to make certain improvements which are required by Collier County ordinances (the "Required Improvements"), as set forth in a site construction cost estimate ("Estimate") prepared by Hole Montes, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the Required Improvements are limited to those improvements described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code require Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer has simultaneously with the execution of this Agreement conveyed fee simple title to Lot No.9 in the Subdivision (the "March Property") to March. E. March is constructing an industrial facility on the March Property and needs to have the Required Improvements completed to obtain a certificate of occupancy for the March Property . F. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $682,059.52, and this amount represents Page 1 of 8 16A 6. 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements (the "Improvement Cost Funds"). NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board, Lender and March do hereby covenant and agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Developer will cause the Required Improvements to be constructed pursuant to specifications that have been approved by the Engineering Services Director of Collier County ("Engineering Services Director") within one hundred eighty (180) days from the date of this Agreement in accordance with the construction schedule prepared by Developer's engineers attached hereto as Exhibit 2 and incorporated herein by reference ("Construction Schedule"), subject to extension for matters beyond Developer's control including, but not limited to, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipated, unavoidable casualties or acts of war or terrorism ("Force Majeure"). 3. Developer shall deposit the Improvement Cost Funds with Lender using the proceeds of sale of the March Property immediately upon such closing. 4. Lender agrees to hold the Improvement Cost Funds in escrow under account no. 028415 to be disbursed only pursuant to this Agreement. The Improvement Cost Funds shall be held in an interest-bearing account separate from any other account or funds that Developer has with or has received from Lender, shall not be held by Lender as security for any obligations of Developer to Lender now existing or which may arise in the future and shall be used solely for the purpose of performing and completing the Required Improvements. 5. (a) The Improvement Cost Funds shall be released to Developer only upon written approval of the Lender and Engineering Services Director who shall approve the release of the Improvement Cost Funds on deposit not more than once a month to Developer, in amounts due for work done to date based on the percentage of completion of the work multiplied by the respective work costs less ten percent (10%). Upon completion of the Required Improvements, the Lender and Engineering Services Director shall approve the release of any remainder of the Improvement Cost Funds except to the extent of $62,005.41 which shall remain in escrow as Developer's guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of this Agreement. Releases shall be made to Developer from the Improvement Cost Funds to defray the actual costs for the construction of each improvement up to the maximum amount allocated for such improvement. Such releases shall only be made after (i) Developer shall have furnished to Lender sworn statements of all contractors, subcontractors and materialmen and waivers of construction lien, in form satisfactory to Lender, covering all work done and materials furnished in connection with such improvement (on no later than a one draw delay basis), and evidence that all costs of such improvements incurred or accrued to the date of the application for the requested advance have been paid, or will be paid out of the proceeds of the advance; (ii) all inspection, release related and title update costs have been paid by Developer; and (iii) all inspections of an improvement Page 2 of 8 16A 6. then required to be made by any public authority shall have been made, and the work shall have been approved by said public authorities and Developer's engineers and written evidence thereof submitted to Lender. In the event the actual cost or expense of such improvements exceeds the allocated cost or expense of such improvement, Developer shall be responsible out-of-pocket for the additional cost or expense of such improvement. In the event the actual cost or expense of such improvement is less than the allocated cost or expense of such improvement, Developer shall receive the difference between the allocated cost or expense of such improvement and the actual cost or expense of such improvement. A final reconciliation of credits and charges shall be made at the end of the job rather than requiring payments and providing credits at each draw. If any loan(s) from Lender to Developer remain outstanding at the end of the job, Lender shall receive any net credit due Developer from the Improvement Cost Funds to be applied toward repayment of such loan(s). (b) In the event Developer fails to complete the Required Improvements in accordance with the time frame set forth in the Construction Schedule as may be extended for Force Majeure, Lender agrees to pay to the Board immediately upon the Board's demand the balance of the Improvement Cost Funds held in escrow by Lender, as of the date of the demand, provided that upon payment of such balance to the Board, the Board will have executed and delivered to Lender in exchange for such funds a statement to be signed by the Engineering Services Director that: (i) Developer for more than thirty (30) days after written notification of such failure has failed to complete the Required Improvements in accordance with the timeframe set forth in the Construction Schedule; (ii) The Board, or its authorized agent, will complete the Required Improvements to the extent of the Improvement Cost Funds then held in escrow, within one hundred eighty (180) days after release of such Funds; (iii) The Improvement Cost Funds drawn down by the Board shall be used for construction of the Required Improvements; and (iv) The Board will promptly repay to Lender any portion of the Improvement Cost Funds drawn down and not expended in completion of the Required Improvements. (c) March shall have a right to draw on the Improvement Cost Funds for the performance of the Required Improvements, but only to the extent provided in, and in accordance with, the provisions set forth below: (i) In the event Developer fails to complete the Required Improvements in accordance with the timeframe set forth in the Construction Schedule as may be extended for Force Majeure, then March shall have the right to complete or cause to be completed the Required Improvements in the same· manner as required of Developer under this Agreement. Page 3 of8 16A 6v (ii) In the event that March properly exercises its right to complete the Required Improvements, then March shall have the right, in order to pay for the costs of performance of the portion of the Required Improvements to be completed by or caused to be completed by March, to release of monies from the Cost Improvement Funds in accordance with Paragraph 5(a) of this Agreement. (m) In the event that March or the County elects to perform the Required Improvements as permitted herein, and the amount of the Cost Improvement Funds shall be insufficient to cover the cost of completion of the Required Improvements, then Developer shall be responsible for reimbursing March or the County (as applicable) for the difference (if any) between the expenses incurred by such party in connection with completion of the Required Improvements and the amount of the monies released to such party from the Cost Improvement Funds. (iv) Developer hereby grants, dedicates, conveys and assigns to the County and March (and their successors, assigns, agents, employees, contractors and subcontractors) an easement over the real estate comprising the Subdivision, (see description attached hereto as Exhibit 3), for access, ingress and egress over, through and upon the real estate comprising the Subdivision for the purpose of completing the Required Improvements as set forth under this Agreement. Said easement shall terminate upon completion of the Required Improvements. 6. Written notice to Lender by the Engineering Services Director specifying what amounts are to be paid to Developer shall constitute authorization by the Board to Lender for release of the specified funds to Developer. Payment by Lender to Developer of the amounts specified in a letter of authorization by the Board to Lender shall constitute a release by the Board, Developer and March of Lender for the funds disbursed in accordance with the letter of authorization from the Engineering Services Director. 7. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and have been approved by the Engineering Services Director for compliance with the Collier County Subdivision Regulations. Developer shall work with its engineers and contractors to assure that construction activities are properly coordinated and shall monitor the progress of constructing the Required improvements for the purpose of obtaining timely completion. Developer shall supervise the work of its contractors for the purpose of maintaining compliance with applicable zoning and building regulations during construction of the Required Improvements. Developer shall also attend any meetings and conduct any negotiations with any governmental agencies in connection with the construction of the Required Improvements. Developer agrees to cause the Required Improvements to be con'structed and installed in accordance with plans and specifications approved, if required by law, by all applicable governmental authorities, of sound new materials, in a good workmanlike manner, free and clear Page 4 of8 ".---~,_."-,,,,".~,..,._--, . 16A 6. of all liens, claims and encumbrances. During construction and installation of the Required Improvements and upon and after completion of the Required Improvements, the Required Improvements shall comply with all zoning ordinances, building codes and other governmental safety acts, standards and requirements, and all other laws, ordinances, regulations and restrictions governing the Required Improvements. 8. The Engineering Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify Developer in writing of his preliminary approval of the Required Improvements; or b) notify Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which Developer must fulfill to obtain the Engineering Services Director's approval of the Required Improvements. However, in no event shall the Engineering Services Director refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 9. Should the Improvement Cost Funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against Developer. 10. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to Developer or to any other person except as stated in this Agreement. 11. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Engineering Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Engineering Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender shall release to the Developer the remaining Improvement Cost Funds held in escrow and Lender's responsibility to the Board under this Agreement shall be terminated. Notwithstanding the foregoing, if any loan( s) from Lender to Developer remain outstanding at the end of the one year maintenance period, Lender shall receive the remaining Improvement Cost Funds held in escrow which shall be applied toward repayment of such loan(s). Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Board. 12. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the parties hereto. 13. This Agreement and the exhibits attached hereto embody the entire Agreement between the parties and this Agreement shall be deemed to supercede any and all prior written or oral agreements relating to the subject matter described herein, all of which prior written or oral agreements relating to the subject matter described herein are merged into this Agreement so that this Agreement is fully integrated. This Agreement may not be modified except in writing signed Page 5 of8 ,.-..--,.-..-.-- 16A 6. by all parties. To the extent a time frame provided hereunder shall be set to expire on a Saturday, Sunday or day on which banking institutions in the State of Florida are authorized by law to close, then such time frame shall expire on the next day which is not a Saturday, Sunday or day on which banking institutions in the State of Florida are authorized by law to close. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall be deemed one document. IN WITNESS WHEREOF, the Board, Developer, Lender and March have caused this Agreement to be executed by their duly authorized representatives this _ day of June, 2004. SIGNED, SEALED AND DELIVERED (Q:RESENCE OF: Catherine J--:8. Nadeau I DEVELOPER: NORTH NAPLES GOLF RANGE, INC., a Florida corporation, as Trustee of the SJG Land Trust Agreement, U/A dated May 29, 1997 ~;?~ b (&f\,)/(s {~h L- Print Name State of _~ \ /),..; à .... County of C..\\7~r THE FOREGOING INSTRUMENT was acknowledged before me this ~~ day of -S-:,.-- , 2004, by James M. Goldie as President of North Naples Golf Range, Inc., a Florida Corporation, as Trustee of the SJG Land Trust Agreement, U/A dated May 29, 1997, who is personally ~~. tQ__me or has produced as idèñfifiCãtion. ~tateOf ~\o,.\., (SEAL ) Printed Name ~J\. CathelÌneJ S Nadeau . ~ j My Commlllion DD24Sli33 ~0i;:J" Expires September 02 2007 Page 6 of8 _._._~,_~_____"_w . .......,-_____.._... ',. 16A 6. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: (î (1 UÁ..C~i.1 l .p rVc/:' "S ){1 r/'Ú/jCyl 1:::/ /..'6) Print Name J µ~ý@:?~ -1 ~£¡5:4£# ;r /r"þc;/z- Print Name LENDER: FIRST INTEGRITY BANK, N.A., a Minnesota bank corporation State of County of FloRiD/t t6 /J ìt'R . REGOING INSTRUMENT was acknowledged before me this c¡~. day of I}..i . , 2004, by Joe Hausauer as Vice President of First Integrity .A., a Minnesota bank corporation who i personally known1C?'me or has pro- as i entification. Bank, . duced œ'~' HARIA C. HUFFMAN I \. Natary PuÞlIc - Stata of FIonéa Š' . Ë My C'.orn1ni!Ii:In EJ;i'œ Dee 17, æ:e ~~A Commlttlon ø DC 144330 -"if.ll.:6"" Bonded By National Notary Aun. Ih~eifr e ffr);;f Þ1f.}f1· Printed Name (SEAL) (REMAINDER OF PAGE LEFT BLANK INTENTIONALLY) Page 7 of8 State of ~~~~"J County of á)4y.,.o'.ç , 16A 6. OWNER: THE MARCH GROUP LLC, . a Florida limited liability company By: ~~0---- Kim E. March, as Member THE FORE-º.QlNG INSTRUMENT was acknowledged before me thisÆJ7?Ýday of V ¿';,¿J ~ . 2004, by Kim E. March as Member of The March Group~ LLC who ~s personally known to me or . has produced / <. ~ -...:fb~ as identification. - / N;ótary Public '~ Sf.á e of ./'9. SHIRLEY A. SEGER . ., V NOIa~~~. æunty, M1 . .' Acting i' Co., MI -'-, ,.' My C81f! ~~ . 9/19/2886 , (SEAL) . . Printed Name -...;J$¿ky /l5~9¿;-Æ.../ ATIEST: ,....tlIlIt"" \" "'.... '1" DWIGfP':'Ë,:.tm.:øCL:aERK ......" r-~ ." ~... ·..·.a... ~:("~... ''-'' ·~tt···~'~ 0, By. = ,. ~ ' . -. ,- , L . ~ '~~ ->.<~ ~~.'~ ~ ~ Deputy Clerk . ':.. -: '. ~ ' /~:'., --). " : -~.. ~ :. ""...-')., -. "(-,1 .._~\~~/ :......- " Approved ,ås ·10 fo~ 'lÚ1¡tlegal sufficiency: "... ... ,,'\., . . ~ ~','~ ...\.. -' , . ").) f· o ttomey 41-4801 V2443-972_2 item # UJ> Pi" lP- Agenda \á...t~"f)3 Date . ~:d lcc~DiL* {J.e, f' I \' .~ \J.., . PaQe 8of8 EXHIBIT 1 16A 6 ENGINEER'S OPINION OF PROBABLE COST Jim Goldie Driving Range/Business Park North Naples Research and Technology Park HM File No. 2002061 May 24. 2004 1/. Æ~lL .w' r~~~\ 01\: ¡iJØi~U~i,jfÊM~~~l~~~rJ~l~~[¡]~~ill*lli Subtotal Sewage Collection System ~ Units Unit Cost Tota: 652 LF $22,20 $14,474.40 3 EA $2,432,00 $7.296,00 450 LF $9.90 $4.455,00 1 EA $936,00 $936,00 1 EA $75.000,00 $75,000.00 520 LF $12,50 $6,500.00 13 EA $100.00 $1,300.00 652 LF $1.00 $652,00 652 LF $1.00 $652.00 $111.265.40 Oeser/otion 8" PVC Gravity Sewer 6'-8' Cut Manhole 6'-8' Cut 4" FM DR18 4" Plug Valve Pump Station (6' diameter) 6" Service Laterals 6" Cleanouts Video Gravity Sewer Video Gravity Sewer (1 year after acceptance) ..liti~&ii.¡~rflm¡~mf:milii]rili~ SUbtotal Water Distribution System ~ Units Unit Cost Total 940 LF $20.70 $19,458.00 30 LF $27.10 $813,00 3 EA $2.130.00 $6.390.00 1 EA $2.130.00 $2,130,00 1 EA $1.630.00 $1,630.00 180 LF $80.00 $14,400,00 480 LF $4,00 $1.920.00 1 EA $890.00 $890,00 $47,631.00 Oeser/otlon 10" PVC Water Main DR18 10" PVC Water Main DR14 Fire Hydrant Assembly Flushing Fire Hydrant Assembly Air Release Valve 16" Steel Casings 4" Utility Casings asp (permanent) .~~lflt~]JI1*Wl~film1~]~j¡~ili~Ij~j~~ffiili¡fl~ Subtotal Drainage ~ Units Unit Cost Total 186 LF $22,60 $4,203.60 888 LF $26.40 $23,443,20 333 LF $34.00 $11.322.00 222 LF $36,00 $7.992.00 446 LF $42.00 $18,732.00 2 EA $400,00 $800.00 1 EA $450.00 $450.00 1 EA $500.00 $500.00 1 EA $600.00 $600,00 1 EA $5,580,00 $5,580.00 7 EA $1,460.00 $10.220.00 2 EA $1.930.00 $3,860.00 1 EA $2,460,00 $2,460,00 4 EA $1,765,00 $7,060.00 $97,222.80 Page 1 Oeser/otton 15" RCP 18" RCP 24" RCP 19" X 30" ERCP 30" RCP 15" Mitered End 18" Mitered End 24" Mitered End 30" Mitered End Water Control Structure Type a Inlet Junction Box (4' x 4') Junction Box (6' x 6') Valley Gutter Inlet New Maint Sec";\y Am0U'll031209REVlSED040524,XLS :f¡_l~mf~~ili~lli~ilim~¡~~llirililiili~l¡~§j~ili\~~~· DescriDtion 3" Asphalt Paving - Type S-III 8" Limerock Base 12" Stabilized Subgrade Road Fill Type "E" Curb 24" Valley Gutter Stop Signs SpeedITraffic Signs Street Signs (name) 24" Stop Bar, White (thermoplastic) 4" Skip Striping (Yellow) 4" Solid Yellow Striping Crosswalk striping Fire Hydrant Markers 4 Permanent Control Point's Seed and Mulch Sod - l' Strip Subtotal Paving and Grading ]~~~mfj)Nii~l~~JlÆlili*r~i[~l~]~~lj~I~~~Wl~~lli: DescriDtion Total Site Subtotal Clearing New Main! Security Am0unt031209REVISED040524XLS ~ Units Unit Cost Total 2.900 SY $8.40 $24,360,00 2,900 SY $6.20 $17,980.00 3,956 SY $2,00 $7,912.00 2,000 CY $8.00 $16,000,00 135 LF $8.00 $1,080.00 1,578 LF $5,50 $8.679.00 1 EA $120.00 $120.00 1 EA $100.00 $1.Q0.OO 1 EA $160,00 $160.00 24 LF $5,00 $120.00 620 LF $0,25 $155.00 100 LF $0,50 $50.00 2 EA $200.00 $400,00 4 EA $6.00 $24.00 1 LS $400,00 $400.00 0.4 AC $1,350,00 $520.66 1.795 LF $0.30 $538.50 $78,599.16 ~ Units Unit Cost Total 6.7 AC $2.500,00 $16.750,00 $16,750.00 16A 6 -1t Page ~ ~.ii~i.t-iiiilfJ~fi~Jj~j~§1*~~~ilim~[l Desçriotion Sod Subtotal Berm and Lake Bank sod ~1.~I_f~~1W~ Subtotal landscaping ..<mNm~"._mm''''rwH''''''''''b''~'m '.' ...;.-.-.-.-. .¡~-.-..... ....... ~ ...··X..··..·.:-:-·..· ......:::-:~;:?.............. ~: '. .' :: ···;.:::øÆ*'j~~~í1~~~~;fili: Oeser/otion 6' Sidewalk (concrete) Subtotal Sidewalk r__lftJ~~r~J~fillif~ifi~i~~r~~U¡lm Oeser/otlon 6' Sidewalk (concrete) Subtotal Sidewalk tlJ!iii'..l[f~~~I*~J.frtY®B~~*~Iij]¡~*· Oesçriotlon Street lights Subtotal Street Lighting §iB rti_~lff~~ Oeser/otion 4" FM DR18 4" FM DR14 4" Plug Valve 14" Steel Casing Subtotal Sewage Collection System New Main! Security AmoII'\t031209REVlSED040524.xLS ~ Units Unit Cost Total 13,800 SY $1.35 $18.630,00 $18,630.00 $30,818.75 ~ Units Unit Cost Total 555 LF $11.75 $6.521.25 $6,521.25 ~ Units Unit Cost Total 1,505 LF $11.75 $17,683.75 $17,683.75 ~ Units Unit Cost Total 7 EA $2,800,00 $19,600.00 $19,600.00 ~ Units Unit Cost Total 1,049 LF $11,50 $12,063.50 363 LF $13.40 $4,864.20 2 EA $936.00 $1,872.00 80 LF $70.00 $5,600.00 $24,399.70 16A 6 Page 3 ;,jir·:-:·:-:·:-:·;-:-::·:::·:ø:.;«-:·:-:·:::·:·:-:-:~:";::-:';·x.:':';';';':':';::';::::~~~:";:::,. : ·lIIIi:!tt.BUU· '.' ~mt.¡)øt.~ Descriatlon f1!mr11l!x ~ Unit Cost Total 1,512 LF $24.90 $37,648.80 160 LF $27.50 $4,400.00 150 LF $27,10 $4,065,00 1 EA $1.384.00 $1,384.00 3 EA $1,180,00 $3.540,00 1 EA $2,130.00 $2.130.00 1 LS $1.000,00 $1.000,00 80 LF $80,00 $6.400,00 $60,567.80 12" PVC Water Main DR18 12" PVC Water Main DR14 10" PVC Water Main DR14 12" Gate Valve and Box 10" Gate Valve and Box Fire Hydrant Assembly Relocate Flushing Fire Hydrant Assembly 16" Steel Casing Subtotal Water Distribution System .iJfi1'~.fØilfi.JiiWJlMjJ.f~Jr~~] Descriatlon ~ UnIts Unit Cost Total 1,000 SY $4.50 $4,500.00 1.000 SY $6.50 $6,500.00 1,000 SY $19,00 $19.000,00 1 LS $6.000.00 $6.000.00 1.650 SY $4.50 $7,425,00 500 CY $8.00 $4,000.00 1 LS $40.000.00 $40,000.00 141 LF $8.00 $1,128.00 79 LF $5.50 $434.50 9 EA $40,00 $360.00 2 EA $6.00 $12,00 0.5 AC $1,350,00 $675.00 1,100 LF $0,30 $330.00 $90,364.50 1" Asphalt Paving - Type S-III 2,5" Asphalt Paving - Type S-I 9" ABC Base Milling existing Asphalt South of entrance 1" Asphalt Paving - Type S-III Road Fill M.OT plan, equipment, and striping Type "E" Curb 24" Valley Gutter Traffic Am:ms (thermoplastic) Fire Hydrant Markers Seed and Mulch Sod - l' Strip Subtotal Paving and Grading :...::._~t~_**~¡~m~;~~j~~?:~¡;w.~~~~~t?~*~~~f:§~*~;~¡~¡m~f:¡~f~f:~*tJ~~~¡f:m¡*¡~~f.¡f:ili;~~~~¡;~¡;f:f:f:*t~j¡*~~f:¡ilii¡~&¡¡;jf:;~¡¡;~*¡r:jmm~r:¡~~¡~~?:W~¡*?:¡¡f:m;¡~¡¡;jr:j¡¡¡¡~~¡1j~f:¡¡f.~¡;r:*ili~*_tRM~1~'j¡~ ~.iU'.#'__~Qn1111'&~Þ.f~_;"l%;~@ri¡M@@@l:]i~M!rWMHfit#J'IM.MR~~ New Main! 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'š t 0 ,- J B ~.E i:~ .I,! r! ~.~,~ ·r:·~: ~ ~~j: ~:1·[·,,·~ ~=,iª ¡ ¡::¡ ëiI'i.Q ~.Q -.::J P CD G) ~ 9! !uQ.'1:I.ë "c u.]::;, CD CD.æ ~ 1 .~ :! -:. ~ IX:: ~ ':5. if: u us:! ,ø '.1! ðJ 8 ~ 'liS ¡ en: ~,~ ~. ~ :¡ ~o_. , . " .~ ~ z :2 ~:::) _ .. _ ¡¡¡; _ 'Î.L Q) "3 "D Q) J::. CJ rn c o E (I) c o Q- IN <"II ~ IÐ co I~ ., at ð - N (") ".. IØ ~ ,.. ID CIÞ 0 _ N r<') ~ 10 III .... III) a U 1- 1-' r-- ... ...... ... ... .... .... ... - ..... ~ ('it N ~ N N N C't N N N 16A 6 ..... ... . :I 0. .. 16A 6 " Exhibit 3 All properties within the NORTH NAPLES RESEARCH AND TECHNOLOGY PARK, according to the plat thereof recorded in Plat Book --' Pages _ through _, of the Public Records of Collier County, Florida. 443975_1 16~11 ¿ ...~.' MEMORANDUM Date: October 30, 2003 To: Susan Murray, Project Planner Current Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CP-2003-0S Please find one copy of the above referenced document: CP- 2003-0S/Petition CARNY-2003-AR-4798¡ the Elizabeth Seton Church carnival. If you have any questions, please feel free to contact me at: (774-8406) . Thank you. Enclosures (2) ... 16 11 Permit No. 2003-05 STATE OF FLORIDA: COUNTY OF COLLIER: PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Reverand Joseph Spinelli, OSA, St. Elizabeth Seton Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a Carnival; and WHEREAS, Rcverand Joseph Spinelli, OSA, St. Elizabeth Seton Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a Carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Reverand Joseph Spinelli, OSA, St. Elizabeth Seton Church, to conduct a Carnival from November 5, 2003, through November 9, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~'[~ day of _(~)F..~'~~ ,2003. ATTEST: DWIGHT E..BROCI~,, CLERK Appf~bd a~.tgFo~d: [¢ Legal~4ff. kciency¢~Q'~.¢? Mmjor~ M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: BY: TOM HENNING, C~'~A~I~M~ CARNY-2003~A R-4798/CM/sp Page 1 of 1 B~ock 204 and 205 G acc.ord~n to , O~den Gate Cit Boo g__ the pilat ~_~.,.__. Y, Unit c...'_x:._5, P~ge L1 of ~.~~,_as recorded A~so lot .~, 8~ock 2 Unit 6 01, CuT. clen , acco~'clln ~Ages 12A to 1~g ~.P~L book MEMORANDUM Date: October 30, 2003 To: John Houldsworth, Senior Engineer Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-368; "Troon Lakes" Enclosed please find one copy of the document as referenced above (Agenda Item #16A12), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure RESOLUTION NO. 03- 3 6 8 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN TROON LAKES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 1, 1998 approved the plat of Troon Lakes for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Troon Lakes, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. AT~ESTr: ...... ". ~: ',, DWIGI~T',b':: B~C~.. }i~L: ERK Approved as to fo~ and legal Pathck G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA o By: TOM~HE~~N MEMORANDUM Date: December 17, 2003 To ~ James Albury Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Res Contract No. 03-3537 ~Tourism Development Council Marketing Services" Paradise Advertising & Marketing, Inc., Contractor Enclosed are three (3) original documents, as referenced above (Agenda Item #16(A) 13), approved by the Board of County Commissioners on Tuesday, October 28, 2003. If you should have any questions, you may contact me at extension #7240. Regards, Ann Jennejohn Collier County Clerk of Courts Enclosures(3) Contract # 03-3537 "TOURISM DEVELOPMENT COUNCIL MARKETING SERVICES" THIS AGREEMENT, made and entered into on this .~c~ ~d day of October 2003, by and between Paradise Advertising and Marketing, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon execution of this agreement. The contract shall be for an initial one (1) year period, terminating on September 30, 2004. The County may, at its discretion and with the consent of the Contractor, extend the Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor will provide the following services: a) Develop for approval and implementation and counsel with the County on advertising and marketing communications to meet the County's objectives and budgetary limitations. b) Develop for approval and implementation, and obtain prior written approval from the County the use of an Estimate or Insertion Order form for all media and production projects. c) Plan and implement a strategic advertising and promotion program to include creative art direction, copy writing, layout and production. d) Create an annual marketing plan prior to the start of each fiscal year outlining current situation, creative strategy, implementation schedule and measurement. e) Develop collateral materials including brochures, newsletters, and direct mail, including creative copy and layout and production. f) Develop and implement website and Internet strategies and advertising. g) Maintain an office in Collier County staffed with a full-time Account Manager. h) Supply the County will monthly reports reflecting agency activity, and return on investment such as placement and inquiry reports. ADVERTISING Charges for advertising placed by the Contractor on behalf of the County will be billed to the County in accordance with the negotiated rate(s) of the specified medium(a). All insertion charges will be billed to the County on the first (1st) day of the month proceeding the month of scheduled publication or broadcast. Invoices will include the appropriate documentation including original tear sheets, approved Insertion Orders or Estimates and media or production invoices. o 16/i15 The Contractor will prepare and send to the County pre-approved adjusted media invoices at the end of each month to account for insertion changes, short rates, circulation rebates and/or other adjustments. The County agrees to assume full financial liability for properly authorized insertions for advertising space and/or time placed on its behalf by the Contractor. However, the Contractor shall assume liability for all insertions for which the Contractor has received payment in full from the County. In the event that a publication and/or station elects not to accept the Contractor's standard insertion order which disallows liability for unpaid media charges, the County agrees to provide the publication and/or station with written confirmation of acceptance of this liability. MATERIALS AND SERVICES All charges for advertising production, photography, on-line production design, printing, direct mail, audiovisual productions services will be estimated, authorized and billed at cost on a project basis. The County agrees to assume full financial liability for properly authorized services initiated on its behalf by the Contractor. County may modify, reject, cancel, or stop any and all plans, schedules, or work in progress at anytime by delivering written notice. In this event, however, County will retain sole liability for all commitments made by the Contractor prior to such action, and reimburse Contractor for all of Contractor's charges and expenses for work begun with County approval. PAYMENT: Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. TRAVEL AND REIMBURSABLE EXPENSES Travel expenses shall be reimbursed at the rates covered per Section 125.0104 Fla. Stats. Travel mileage re-imbursement is to be paid at twenty-nine cents ($0.29) per mile. Reimbursable items other than travel expenses shall include, but not be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage and shipping. Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. THE CONTRACT SUM: AGENCY FEE The County agrees to pay the Contractor a fee of ten thousand dollars and 00/000 cents ($10,000.00) per month based upon a total annual fee of one hundred twenty thousand dollars and 00/000 cents ($120,000.00) as consideration for ail professional time devoted to account administration, strategic planning, media planning, media negotiation, media placement and traffic and billing. All media and production costs up to seven hundred thousand dollars and 00/000 cents ($700,000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over seven hundred thousand dollars and 00/000 cents ($700,000.00) annually will have prior written County approval and will be billed at gross, reflecting an contractor commission of 15%. Barter media will be billed at 15% of the cost of the bartered time. The Contractor Fee will be billed on the first day of each month beginning November 2003, with a pro-rated amount back to the executed date of the contract. The contractor fee does not cover out-of-pocket costs, nor creative concept, copy, art direction, layout, mechanical art services and production time to produce collateral, online media, interactive media, broadcast or print advertisements for scheduled media. These costs will estimated on an Estimate Form and submitted to County for prior written approval before expenses are incurred. Fees for publicity, public relations and marketing research services performed by the Contractor on behalf of the County are not covered by this agreement, and any such projects will be estimated and approved in writing by the County prior to the start of work. PROFESSIONAL FEES/HOURLY BASIS: For estimating and billing purposes, the following services will be billed at the indicated rates. Account Supervisor Account Executive Account Coordinator Media Planner Media Buyer Media Coordinator Traffic Billing Creative Director Copywriter Designer Art Director Mechanical Artist Covered by fee Covered by fee Covered by fee Covered by fee Covered by fee Covered by fee Covered by fee Covered by fee $125.00 per hour $100.00 per hour $100.00 per hour $75.00 per hour $75.00 per hour o Production Supervisor $75.00 per hour 16113 NOTICES. All notices from the County to the Contractor shall be deemed duly served if delivered by hand, by fax or the United States Postal Services Department, first class mail service, postage prepaid to the Contractor at the following Address: Cedar Hames, President Paradise Advertising & Marketing, Inc. 150 Second Avenue North # 880 St. Petersburg, FL 33701 Facsimile: 727-822-3722 All Notices from the Contractor to the County shall be deemed duly served if delivered by hand, by fax or by the United States Postal Services Department, first class mail service, postage prepaid to the County to: Collier County Tourism Department 3050 N. Horseshoe Dr. # 218 Naples, Florida 34104 Facsimile: 239-403-2404 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of 4 10. 11. 12. the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS: County shall be the owner of all documents and materials produced pursuant to this agreement and Paradise Advertising & Marketing, Inc. shall not receive any additional compensation for their use or reproduction by Collier County. The County shall be the owner of and be in possession of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, painting, photography, film, video and printed documents, unless specifically exempted by the County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. Upon termination of this Agreement, Contractor will bill the County for all amounts not previously billed and due Contractor at that time. Contractor will not be entitled to payment for any advertisement if work on it commenced after Contractor received notice of termination. Contractor will be entitled to payment for services for advertisements commenced and approve for placement by the County prior to receipt of such notice. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: Ao Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Agency's; Products and Completed Operations and Contractual Liability. Bo Business Auto Liabili _fy: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Agency during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all sub contractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Sub contractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #03-3537-"Tourism Development Council Marketing Services", Contractor's Proposal and Insurance Certificate. 17. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. 19. 20. 21 22. COOPERATION: The Contractor shall fully cooperate with the Count in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the County, shall constitute grounds for the County to impose sanctions that no not result in termination of this agreement. EMPLOYMENT OF CONTRACTOR PERSONNEL: During the term of this Agreement and for a period of one year following its termination, the County agrees not to hire any employee (past or present) of the Contractor who worked on the County's account while employed by the Contractor. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books, documents, papers and financial information pertaining to work performed under this agreement. The Contractor 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 the Contractor involving transactions related to this Agreement. PROHIBITION OF ASSIGNMENTS: The Contractor shall not assign, convey or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. ADEQUATE FUNDING: The approval of this agreement is contingent upon a finding by the Collier County Board of County Commissions that adequate funding exists for the purposes set forth herein through approval of the annual Tourism Department budget.. If Category "B" tourist tax funds become unavailable in the future, no further funding under this contract will be due to the Agency and the County may terminate this Agreement in accordance with Section gl0-"Termination". IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the 'date and year first above First Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUN/A', FLORIDA Tom Hmming~ Chair~ Contractor: PARADISE ADVERTISING & MARK~G, INC. Signature ..Da._v_id M. Di Maqqio f~Ty~p~itne,s~~~ y fi"/Sec~dl~t~trt~ss- y ~ Typed signature and title Kerr~ Du~and ~'Type/print witness nameJ' -CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Assistant County A~torney FROM :RON HOLEHOUSE FAX NO. :727894~39 ACORD,. PRODUCER CERTIFICATE OF LIABILITY INSURANCE Ronald F Holehouse 20].~ First Ave N St Petersburg FL 33713 727-823-5551 iNg--~-~'~ ~~~~i~g and Mar~'I~. 150 2nd Ave N ste 880 St. Petersburg, FL 33701 ]727-823-9407 COVERAGES DATE(MM/DD/YYYy) 11/13/2003 THIS CERTIFICATEIS ISSUED AS A MATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING C OVEF:~AGE ~,SUF~^~ Nat±onwide ]-n~. INSURER. INSURER C:. INSURER 13; INSUR~R E: NAI~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ~NDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCFUBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, DAyE~MIVt~DD/YY) DATE [MNIfl~¥) LIMITS GENERAL LIABlUTy __ COMM,~RCIAL(~ENERAL LIABILITY ~ CtAIMSMADE ~ OCCI.IE GEN'L ^GGRE GATELIMI'I-APPLIE3 PER: AUTOMOBIL~IABILITy ANYAUTO ALL OWNEDAUTOS SCHEDULED AUTO8 HIRED AL.q'OS NOk~OWNEDAUTOS GA/RAGE ANYAUTO EXCEsS/UMBRELLA UA~'LITY DEDUCTIBLE RETENTION $ 77 BO 254338 77 BO 254338 ],i/i3103 ii/i3/o3 WORKER330MPENSATIOI~ND EMPLOyERs' UABILFTy ! O~HER 1:~8CRI PTIO N:) F OPERATION,g' LOCA'I]ONSf VFJHI C LE~ EXC LUSION~DDEDBY EN DORSEM EN'~ EIPECIALPROVIStON:S 11/13/04 li/13/04 Additional Insured; Collier County PRODUCTS- COMP/OPAGG COMBINED~INGLELIMiT {Ea acr:ldentl BODtI.YINJURy BODILYINJURy (Perr~ccideni) PROPERTYDAMAGE (Peracdden[} $ AUTO ONLy- EA ACC IC~N'r EAACC $ OTHERTHAN __.. AUTOONLY: AGG $ ~5AC~ OCCURRENCE $ ~ $'i'ATU- El. FACH ACCIDENT sl, 000, 0T~- $10,000"-- ~1, 000,0--~-6-- $]., 000,000 $ E,___L4 DISEASE - EA EM PLOY E E E.L DISEASE- POLICY LIMIT CERTIFICATE HOLDER CANCELLATION Collier County Administrative Services Building G 3301 E Tamiami Tr. Naples, Fl. 34112 ACORD2$(2001/08) sHOULD ANY OFTHE ABOVEDESCRIBEDPOLICIE..~BE CANCELLED BE~FOREI'I-IE EXPIRATION DATE TI'IEREOF, T~ ISSUINGIN~URERWILL ENDEAVORTO MAIL _~ 0___ DAYS WRYTTEN NOTIC£TO THE CER'I'IFICA11~[-IOLDERNAMIED TOTHE LEi=T, BUT F/MLURE I'(X)o SO SHAM. IMPOBE NO OBUGATIONOR LIAI~/MTYOF ANy KIND UPON THE INSURI~R, IT5 AGENTS OR REPRESENTATIVE,~. ©ACQJ~CORPOR~TIONI gB8 11/26/2003 WED 11:30 FAX 11: 11 NOV PE), E*~03 ~002/002 CERTIFICATE OF LIABILITY INSURANCE PRonuc=q 1-EqT-2~~iESO ~uite 200 Rochee~e~. ~ ~4625 ~7?-2GG-GOSO TNt~ CERTJF)CATI" IS ISSUED A~ A MATTEK OF INFORMATION ONLY AND CONFERS NO RIGHT~ UPON THE CEI~TIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OFt ALTER THE COVERAGE AFFORDED BY THE POLICIES EELOW, INSURERS AFFORDING COVERAGE COVE/~tGE$ REQUI~MENT. TERM OR CO~T~N OF ANY CO~RACT OR O~ER DOCU~ WITH RESPECT TO WHICH THIS CGATIFJCA~ MAY ~ I~SUEO OR ~Y ~RT~N. ~G (NSU~ ~D BY ~E P~I~ DESCR[BEO HERE~ IS 5UBJE~ TO AL~ ~E TERMS. EXCLUSIONS ~D ~NDIT~$ OF S~ ~L;CIES, AGGRE~TE __~.~ ~v ~AVE BEEN RED.ED BY P~D ~A~. _ ................. ................ - I ~ " EL~ ~ 1,000,000 CANCELLATION ACORD25~(?~?) ~woz 1~05332 ~ AC:ORD CORPOgtATION MEMORANDUM Date: To: From: Re: December 8, 2003 Jim Albury, Purchasing Agent Purchasing Department Trish Morgan, Deputy Clerk Minutes & Records Department Contract No. 03-3540 "Tourism Development Council Fulfillment Services" -Phase V, Contractor Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16A14), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at 774-8406. Thank you. 16A14 Contract #03-3540 "TOURISM DEVELOPMENT COUNCIL FULFILLMENT SERVICES" THIS AGREEMENT, made and entered into on this ~ day of October 2003, by and between Phase V of Southwest Florida, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon execution of this agreement. The contract shall be for an initial two (2) year period, terminating on Spetember 30, 2005. The County may, at its discretion and with the consent of the Contractor, extend the Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide the following services: a) Answer call from existing toll free numbers from the U.S. and Canada b) Record all inquiries from phone, web site, publications or from Tourism Department in a database to include: 1. Names, address, city, state, zip code 2, Phone number 3. e-mail address 4. origin of lead- (publication, web site, etc) 5. Purpose of Trip 6. Date of visit c) Assemble mail response, address, sort and mail at post office at least weekly d) Respond to all Interactive Text Chat requests from tourism web site. e) Respond to e-mailed questions from tourism, web site. f) Distribute broadcast faxes and e-mails per Tourism Department requests. g) Report monthly to the Collier County Tourism Department the following: 1. Inquiry types 2. Requests by Source (i.e. magazine, newspaper, website by total and name) and by month and year to date 3. Requests by State 4. Requests by Country 5. Toll-free number call detail 16A14 i) J) k) Send all inquiries to the CVB website weekly for downloading by hotels and attractions. Maintain at least a 90-day supply of fulfillment materials and report quantities monthly to the Collier County Tourism Department. Print envelopes, mailing labels, letterhead and other material to maintain sufficient inventory upon pre-approved estimates to the Tourism Department. Maintain database of inquiries and other sources in a format to be used for periodic mass mailings via e-mail or regular mail. 1) Maintain software program to identify e-mail addresses of other names and addresses in the database for mass e-mail mailings. m) Create scripts for Telephone Service Representatives (TSR) to use when answering calls from data supplied by the Tourism Department. n) Create a database for answering questions about Collier County tourism facilities. o) Establish pre-sort bulk and first class mailing permits for mailing fulfillment materials. The scope of services can be changed, from time to time, at County's written request. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement per the following compensation and prices listed below. a) Initial set-up fee for creating program scripts b) Per call processing charge and interactive chat c) Monthly charge for phone lines at cost d) Toll free and Long Distance Usage Charges e) Cost per minute for domestic US calls f) Manual data entry charge for inquiries from other sources g) Electronic import of information from other sources h) Postage and shipping charges at cost $0 .80 per minute $3.00 per line at cost .04 per minute .60 per entry .35 per entry .44 per piece 16 14 i) Mail processing- pres-sort, insert, seal, print and affix labels and mail process .14 per piece j) Insert additional pieces k) Special projects- major script changes 1) Special fulfillment (media kits, etc) m) e-mail broadcasts n) e-mail address matching and append at cost o) Inventory maintenance per pallet of material .02 per piece $50.00 per hour $30.00 per hour .04 per address .25 per match $10.00 per month NOTICES. All notices from the County to the Contractor shall be deemed duly served if delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid to the Contractor at the following Address: Phase V of Southwest Florida, Inc. 12290 Treeline Avenue Fort Myers, Florida 33913 Facsimile: 239-768-9792 All Notices from the Contractor to the County shall be deemed duly served if delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid to the County to: Tourism Department Director 3050 North Horseshoe Drive Suite 275 Naples, Florida 34104 Facsimile: 239-403-2404 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. o 10. Ail non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS: The County shall be the owner of and in possession of the originals of all documents and intellectual property created or furnished pursuant to this agreement, including, but not limited to: drawings, paintings, photography, film, video, mailing lists, databases and printed documents, unless specifically exempted by the County. The Contractor shall not receive any additional compensation for their use or reproduction by Collier County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: Ao Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. 16A14 Business Auto Liability_: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability.: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and ail costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out 5 15. 16. verbatim: Insurance Certificate, RFP #03-3540-"Tourism Fulfillment Services and Contractor's proposal. 16A14 Development Council SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. AVAILABILITY OF RECORDS: The Contractor shah maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. The Contractor 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 the Contractor involving transactions related to this Agreement. 17. PROHIBITION OF ASSIGNMENT: The Contractor shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. 16A14 insures the following policyholder for the coverages indicated ~elow; Name of policyholder PI4ASl~ V o~' SO~A'~ST ~r.O~ZDA Address of padicyholder 12290 ~REELINE AVi~ ~ORT ~S~, Lo~fion of o~tions ~OR[DA CERTIFICATE OF INSURANCE [] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois [] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois [] STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario [] STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida [] STATE FARM LLOYDS, Dallas, Texas Description of operations The policies listed I=elow have bean issued to the policyholder for the policy periods shown. The insurance described in these policies t~ subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY p~.AIOD LIMITS OF L.LA__R!LrFY POUCY NUMBER TYPE OF INSURANCE F..~-__~ve Date ! ;__%'_ --'~- ~ (at _l~,eginning of polioy i~-~iod) comPrehensive : BODILY INJURY AND Eiusiness Liability 07/06/03 ! 07/08/04 PROPERTY DAMAGE ' EYf,'&'d~-: ~ ~-~-g~'d '0~;~;;,{~g~ ........................... [] Contractual Liability E] Underground Hazard Coverage [] Persona Injury [] Advertising InJury ~ Expio~ion Hazard Coverage [] Collapse Hazard Coverage [] BUSiNg. SS LTA~[L[TY---$1,000,000 98-CR-8712-0 '"J'~i~' insurance includes: EXCESS LIABILITY [] Umbrella Nameand Address o[Certificate Holaer ADDITIONAL INSURED collier county Government POLICY PERIOD General Aggregate Products - Completed Operations Aggregate $1,000,0o0 $2,000,000 $ 2,000,000 BODILY INJURY AND PROPERTY DAMAGE Effective Date Expiralion Dal~ (Combined Single Limit) i ' Each Occurrence $ : Aggregate $ Part 1 SYATU I oRY Part 2 BODILY INJURY 98-L7-62 65-5 Workers'Compensation 09710/03 09/10/04 and Employers Liability Each Accident $ ! 00, 000 Disease Each Employee $100,000 Disease - Policy Limit $ 500,000 I POLICY PERIC:) LIMITS OF LIABILITY F,,-_~__~CY NU~T,~-,"{ TYPE OF INSURANCE [ E,.~v~ D-~-e i F_-?_'_--~'io~-- E*_,~e_ _ (at beginning of policy period) :Le9 '~ees-so~-s9 - ~oo'~ Z.~ZN~'r~ I 0~/0~/0~ :: 0~/04/04 S00/S00/'~00 757 0819-C12-59 1994 MITSUBISHI t 09/12/03 i! 03/12/04 500/500/100 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER Ai-FiRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies am canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we f~il to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. IAgent'e Cede Stamp AFC Code FS 93 5r~-994 a.$ 04-~900 Primad in U.SA. CERTIFICATE OF INSURANCE STATE FARM FIRE AND CASUALTY COMPANY, B~oomington, Illinois ~E~ STATE FARM GENERAL iNSURANCE COMPANY, Bloomington, Illinois 16AlZ T~t [] STATE FARM FIRE AN[:) CASUALTY COMPANY, Scarborough, Ontario ~ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Ftorida E] STAT~ FARM IJ_OYDS, DallaS, Texas insures the following policyholder for the coverages indicated below: Name of policyholder p~s V OF SOUTh'~EST FLORIDA Address of policyholder T2290 Tlt~LIAIS AVE FORT MYERS, FL 33913-8513 Location of operations FLOt{ID~. De~ription of operations The polici~ listed below have been issued to the policyholder for the policy periods shewn. The insurance described ~ these poticies ts subiect to ail the terms exclusions, and conditions of tho~e policies. The limits of liability show11 may have bee~ reduced by any paid claims. [] Products -Completed operations [] Contractual Liability [] Underground Hazard Coverage [] Personal injury [] Advertising Injury I~ ~cplosion Hazard Coverage [] Collapse Hazard Coverage ~J~OLtCY PERIOD Effective Date i Expi~ Date_ ~ POLICY PERIOD ~ompr ~h -'nsiv~'----- I ,~-,,,~/03 : 07/08/04 Business Lia biiit~/. ......... ]__. Y.'_-~i.~:- ...... : .................. POUCY NUMBER 98-cR-8712-0 This insurance includes; EXCESS LIABILITY [] Umbrella Other Workers' Compensation and Employers Liability 09110/03 LIMITS OF LIABILITY (a~ beginning of poli~y period) ,_ ' BODILY tN JURY AND PROPERTY 0AMAGE 1,000,000 Z,000,000 2,000,000 Each Occurrence General Aggregate Products - Completed Operations Aggregate BODILY iNJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate Part I STATUTORY 3art 2 BODILY INJURY : o9/lo/o4 Each Accident $ 300, 000 Disease Each Ernployee$100,000 Disease - Policy Limit $ 500,000 98--T.7- 6265-5 LICY PERIOD ' ' UMIT$ OF ~ABIUTY _. * --' -"-----T po ........ (at beginning o! policy period) LICY NUMBER TYPE OF INSURANCE~rau°~ u,u~ ~- PO ' ~ ..... -r 08/04/03 i 02/0~/04 500/500/luu ~ -- ,--~----,-,- -- '--'~-_~ L_' _~'. ":9 200'1 INFINTTI ~ ....... ! - - ~. 03/12/04 507/500/luu 169 7~-~u~-~= i ~~ ~ ..... t ~ ~ ............... A~VELY ........ ~ ~ NEITHER AFFIRMATIVeL1 THE CERTIH~a~ ~ ~r ~ If any of the d~o~bed policies are can~led before AMENDS, ~TENOS OR ~R$ THE COVE~E APPROVED BY ANY POLICY OESC~BED its ~piration date, St~e Farm wit1 ~ to mail a w~en n~ice to ~e ceffifi~te holder 30 days ~fora cancellation- If howard, we ~ii to mail such noti~, no obli~ion oT liability will ~ im~sed on St~ D~ Title -ent's Code Stamp ' ' 1 AFOGode F593 Name and Address of Cert~cate Holder ADDITIO~A3~ INSURED Collie~ CoUr~ty Gover~t 55&-994 ~.3 04-t9g~ prinleM in ~0 39~ N~ 31~±S HS~N ~SE ~IOPTS~BEE BE:EI gOOS/II/II 16A14 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock,. Clerk of Courts Dated: 16;J~.~-0,54~? ~'.,. · - 'First Wimess Star McLaughlin Type/print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, C[aairman Phase V of Southwest Florida, Inc. Signature Michael R. DeMas, President Typed signature and title (-Second Wimess Melissa White Type/print witness name CORPORATE SEAL (corporations only) Apprrm~_ d as to fo~ an/d ~tle al suffic !e~cy'~/~/~~_~ Robert N. Zachary Assistant County Attorney 16 16 MEMORANDUM Date: To: From' Re: December 8, 2003 Jim Albury, Purchasing Agent Purchasing Department Trish Morgan, Deputy Clerk Minutes & Records Department Contract No. 03-3538 "Tourism Development Council Research Services" -Evans-Klages, Inc., Contractor Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16A16), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at 774-8406. Thank you. Contract #03-3538 "TOURISM DEVELOPMENT COUNCIL RESEARCH SERVICES" THIS AGREEMENT, made and entered into on this ~l~day of October 2003, by and between Evans-Klages, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier Counfy, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon execution of this agreement. The contract shall be for an initial two (2) year period, terminating on September 30, .2005. The County may, at its discretion and with the consent of the Contractor, extend the Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide the following services: a) TASK 1: Visitor Profile Research: Semi-annual, stratified, random sample, in- person survey detailing: 1. Geographic origins by country, region, state and DMA 2. Transportation modes including enplanement and deplanement at airports. 3. Purpose of trip (i.e. leisure, business, meeting, etc) 4. Destination and Florida attractions and events visited 5. Destination choice and reservation Windows 6. Party size and length of stay 7. Incidence of first time visits 8. Satisfaction and likelihood of repeat visitation 9. Media usage and sources of information 10. Usage of the Internet for travel information, bookings, tourism web site. 11. Travel budgets 12. Visitor demographics 13. At least 400 surveys per reporting period 14. Face-to-face interviews will be supplemented with Internet- based surveys b) TASK 2: Occupancy Survey 1. Monthly survey by phone, mail out/mail back, fax and e- mail/Internet survey of hotels, motels and resorts in Collier County to include: 16A16 c) a. Occupancy percent, Average Daily Rate (ADR), REV PAR, Room Nights Demand 2. Reports will be sent to the Tourism Department monthly, by the 25th day of the month following the collection of the data, seasonally and annually. 3. Tracking comparisons with other destinations will be included in the rePorts to the extent possible. TASK 3: VaIue of Tourism 1. Analysis of the Economic Impact of tourism including: a. volume of overnight visitors including geographic origin, nationality, transportation mode and visit motivation. b. Budget of the typical individual visitor and party by key demographic variables c. Proportion of taxable retail sales generated by visitors d. Sales tax, gas tax, local option taxes contributed by visitors e. Additional employment generated by tourism f. Visitor expenditures by sectors (i.e. restaurants, hotel's motels etc. a) TASK 4-Inquiry Conversion Study/Brand Awareness An annual study to describe the characteristics and preferences of travelers who contact the destination and to gauge the impact of the destinations advertising and promotional efforts including; a) Motivations in making an inquiry for information b) Proportion of inquirers familiar with the destination c) Level of brand awareness d) Inquirers with prior destination experience e) Consumers with reservations prior to inquiry f) Proportion of inquirers that actually came to destination g) Proportion that did not come to destination h) Roll and effectiveness of advertising in directing travelers to the destination. i) Profile of competing destinations j) Visitor spending as a function of advertising Conversion Panel Studies: Two panels of consumers will monitor the effectiveness of promotional efforts of the destination. The panels will measure: a) b) c) a) e) Intent to repeat visitation Image, awareness and reputation of the destination Lifestyle and psychographic selection factors Key decision makers for travel Price-value perceptions 2 o 16A16 f) Satisfaction level of Collier County vacation g) Importance of the Internet e) Task 5- Focus Group Research Three groups to test advertising/brand awareness, as well as consumer preferences, activities and perceptions, in key feeder markets. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this agreement in the amount of six thousand two hundred fifty dollars and 00 cents ($6,250) per month for a total of $75,000 per year. This amount shall include Tasks 1 through 5 annually as indicated below, unless otherwise approved in writing by the County. Task # 1 $27,000 Task # 2 8,000 Task # 3 10,300 Task # 4 12,000 Task # 5 17,700 Total $75,000 NOTICES. All notices from the County to the Contractor shall be deemed duly served if delivered by hand, by fax or by the United States Postal Services Department, first class mail service, postage prepaid to the Contractor at the following Address: Evans - Klages, Inc. 405 N. Reo St. Suite 100 Tampa, Florida 33609 Facsimile: 813-254-2986 All Notices from the Contractor to the County shall be deemed duly served if delivered by hand, by fax or by the United States Postal Services Department, first class mail service, postage prepaid to the County to: Tourism Department Director 3050 North Horseshoe Drive Suite 218 Naples, Florida 34104 Facsimile: 239-403-2404 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 16A16 o NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership bet~ween the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS: The County shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, research raw data, databases, research reports and printed documents, unless specifically exempted by the County. The Contractor shall not receive any additional compensation for their use or reproduction by Collier County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 16 16 11. INSURANCE. The Contractor shall provide insurance as follows: 12. Ao Commercial General Liability:. Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shah be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, RFP #03-3537 "Torism Development Council Research Services", and the Contractor's proposal. 15. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. The Contractor 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 the Contractor involving transactions related to this Agreement. 17. PROHIBITION OF ASSIGNMENT: The Contractor shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. ACORD. CERTIFICATE OF LIABILITY INSURANCE 11/12/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER CARLOCK & ASSOCIATES 4640 SE 9TH PLACE CAPE CORAL FL 33904 239-549-022~- INSURED RESEARCH DATA SERVICE 600 S Magnolia Ave Tampa, FLA 33606 INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: HALCYON INSURER B: PIU INSURER C: INSURER D: NSURER E: UND/MARYLAND CAS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION INSR I LIMITS LTR WPE oF ,.suRANCE POL,CY NUMBER DATE (MM/OD~Y¥I CATE IMM'DD/~YI GENERAL LIABILITY i EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 ~- COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 5 0 r 0 0 0 { CLAIMS MADE ~ OCCUR MED EXP (Any one p ..... ) $ '] 0r 0 0 0 I A PAS25385114 04/27/03 04/27/04 PERSONAL & ADV INJURY $ -- GENERAL AGGREGATE ~2,000,000 GEN'LAGGREeATEUM~TAPPUESPER: PROOUCTS-COMP/OPAGG $2~ 000~ 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ! $ (La accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) ~ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY: AGG ' EACH OCCURRENCE $ EXCESS LIABILITY ~ OCCUR [~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS'LIABILITY CEW0002047 08/23/03 08/23/04 E.L. EACH ACCIDENT $100r 000 B E.L DISEASE- EA EMPLOYEE, $ 1 0 0, 0 0 0 5 0 0 0 0 0 E.L. DISEASE- POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS FAX T0:239-732-0844 **CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED** ***REGARDING 03-3538 TOURIST DEVELOPMENT COUNSELING SERVICES*** CERTIFICATE HOLDER I X I ADD'T'ONAL ,NSURED; INSURER LETTER: CANCELLATION COLLIER COUNTY GOVERNMENT PURCHASING BUILDING G 3301 EAST TAMIAMI TRAIL NAPLES,FL 34112 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICA~ HOLDER NAMED TO THE LEFT, BUT FAILURE T.J;~DO SO SHALL REPRESENTATIVES,~r '~ ~ ~ ~... ~ ~.. ~ ~ ~ AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 ACORD 25-S (7~97) De~ 03 03 10:43m LOVIH~ER 813849GIS1 P'~ ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LYNNE LOVINGER LOVINGER INSURANCE 4707 W GANDY BLVD., STE #5, TAMPA, FL 33611 813.258.8909 813.849.6151 (FAX) __--------- '~SURED WALTER I. KLAGES 405 N RI0 STREET, TAMPA, FL . .~6)9 Contract f/03-3538 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVEP-~-GE AFFORDED BY THE POUClES BELOW. __ INSURERS AFFORDING COVERAGE NAIC al NSURERA: PROGRESSIVE INSURANCE INSURER B: irqSURERC: INSU HER D: INSURER 16 COVERAGE._~S MAY BE ISSUED OR THE POLICIES OF INSLIRANCE LL~TEO ~LOW ~VE aEEN ~SUED TO ~HE I~UR~O ~MED ~OVE FOR mE ~LICY PER~ INDICATED. ~I~STANDING ~y REtIREMeNT TERM ~ ~NDITION OF ANY ~NTRACT OR OT~R ~CUMENT W~H RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN T~ IN~NCE ~FORDED BY THE ~LICIES DES~IBEO ~REIN IS SUBJECT TO ALL THE TERMS. EX~USI~ AND ~NDffIO~ OF SUCH ~LICES. AGGREGA~ LIMITS s~N ~Y HAVE BEEN REDUCED BY PAID CLA~. POLLY NU~ER ~ LIABILITY COMMERCIAL GENERAL L[AalLIT¥ -- CLAIbtS~.IADE [] OCCUR iEN'L AGGREGATE UMIT APPLES FER: ~0~ILE ANYA~TO ALL OWNED A~OS SC~LEO AUTOS ~RE0 AUkS ~-OWNED AUTOS ~G~ LIABILI~ ANY AUTO ;XCESS~BRE~ LI~IL~ ~C~R ~ CLAIMS MADE ~O~I[BLE RE~NT~N $ IS COMPE~AT~ AND ~LOYE~%~L~ p~iETOR, PAR~E~X ECUTIVE ~ ;tCE~'MEU~ER ~CLU~D9 d~fibe u~er 17583657-0 07.3003 01.30.04 DESCRIPTION OF OPERATIO~IE;i LOCATIONSFVEHICLE$1 EXCLUSIONS ADDED BY EN:DORSEMENT! SPECIAL PROVISIONS ADDITIONAL [NT£KEST: RESEARCH DATA SERVICES 405 N P_IO STP.EET./ii00 TAMPA. FL 33609 LINIT$ EACH OCCURRENCE $ ~-~CmENTEO p~R~ONAL &A~V INJ~Y ~NER~ A~RE~TE PRODUCTS - COMP~P eO0~L~ [~JURY ~,~ 2~,000 ~Ey INfi~RY p~.n. ~,000 ~aoP~mY o~G~ s 100,000 I Per AUTO ONLY - EA ACCID~T ~A ACc OTHER ~HAN AOTO ONLY: EACH ~C~E AGGREGATE E L E~H ACCIDEN1 POLICY lff~ll ..~ CERTIFICATE HOLDER 2OLLIER COUNTY GOVERNMENT :URCFLASING BUILDING G ~301 E TAMIAMI TKA]L NAPLES, FL 34112 AcORD 25 (2~01/08) CANCELL._._~ATI ON SHOULD M~Iy OF THE ABOVE. DESCRII~ED POLICIES BE CANCELLED BEFORE' THE DATE THEREOF. THE ISSUING INSURER WiLL ENDEAVOR TO MAIL '.,~'~ DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LL:~i I~UT FAILURE~I~O SO SHALL REPRESENTATIVES. 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'" ~ ~ /' hups://ww`w4.f~rag~nts~n~y~c~rr~/m~biu~/print.asp?rk=~7583657~DECPAGE+END+~NS+... 12/3/2003 16A16 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .. Dwight E, BtS~lt;!C-I~r ,t~bf Courts .~,.. '., Dated: ~ First Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman to By: ~--'TEV~ ,Z',~ / Signature Claire Klages Type/print witness name / Second Witness Walter J. Klages, Ph.D. Typed signature and title Anne Wittine Type/print witness name CORPORATE SEAL (corporations only) ~"~ e d as t.o/~/nd 'Ik~6bert N. Zachary Assistant County Attorney 16A17 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF JANUARY 9, 2004 16 18 MEMORANDUM Date: To: From: Re: October 30, 2003 Susan Murray, Project Planner Current Planning Department Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-369/LDC fee schedule Please find one copy of the above referenced document. Item #16A(18); proposed amendment to Resolution 2003-340. If you have any questions, please feel free to contact me at: (774-8406). Thank you. Enclosure RESOLUTION NO. 2003- 3 6 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES INCLUDING: PROVIDING FOR NEW DRI ABANDONMENT FEES, ELIMINATION OF A VARIANCE FEE FOR EASEMENT ENCROACHMENTS, INCREASE IN FEES FOR PRE-APPLICATION MEETINGS AND RELOCATION OF CERTAIN FEES TO ELIMINATE DUPLICATION AND PROVIDE CLARIFICATION TO CERTAIN FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2003-340, AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 3, 2003. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS, the Board of County Commissioners approved Resolution No. 2003-340, establishing a fee schedule of development related review and processing fees on October 14, 2003; and WHEREAS, many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, the new or revised fees fully comply with all relevant Florida Statutes relating to Public Records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the revised fees set forth as attached hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be assessed to those who receive the benefits of the services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. Page 1 of 2 BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 2003- 340 is hereby superseded by the adoption of this Resolution which will become effective November 3, 2003. This Resolution adopted after motion, second and majority vote. Done this __ day of (~/_-'~~ ,2003. ATTEST: DWIGHT E.r~I~OCK, CLERK ."A '.. C'~ ~uty Cle~ / '~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING,'~CHAIRMAN ~W Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Page 2 of 2 C o ~ i e r ~ o u ~t £ y COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Proposed Version- Oct 28, 2003 Contents: A) ADMINISTRATION ................................................................................................................................................................................................. 2 B) BLASTING PERMITS & INSPECTION .................................................................................................................................................................. 2 C) ENVIRONM ENTAL/LANDSCAPING .................................................................................................................................................................... 2 D) EXCAVATION PERMITS ........................................................................................................................................................................................ 3 E) FIRE CODE REVIEW FEES ..................................................................................................................................................................................... 3 F) SITE DEVELOPMENT PLANS ................................................................................................................................................................................ 4 G) SUBDIVISION .......................................................................................................................................................................................................... 5 H) Engineering Inspection Fees ...................................................................................................................................................................................... 6 l) TEMPORARY USE PERM1TS .................................................................................................................................................................................. 6 J) WELL PERMITS/INSPECTIONS .............................................................................................................................................................................. 6 K) ZONING/LAND USE PETITIONS ........................................................................................................................................................................... 7 L) MISCELLANEOUS ................................................................................................................................................................................................... 8 M) BUILDING PERM1T APPLICATION FEE ............................................................................................................................................................. 9 N) BUILDING PERMIT FEES .................................................................................................................................................................................... 10 O) ELECTRICAL PERMIT FEES ............................................................................................................................................................................... 10 P) PLUMBING PERMIT FEES .................................................................................................................................................................................... 11 Q) MECHANICAL PERMIT FEES ............................................................................................................................................................................. 11 R) FIRE PREVENTION AND CONTROL PERMIT FEES ......................................................................................................................................... 12 S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ................................................................................................... 12 T) CHICKEES AND SIMILAR STRUCTURES ..........................................................................................................................................................12 U) POOL OR SPA PERM1T FEES ............................................................................................................................................................................... 12 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................ 12 W) SIGN PERMIT FEES ............................................................................................................................................................................................. 13 X) CONVENIENCE PERMIT FEES ............................................................................................................................................................................ 13 Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................ 13 Z) PERMIT EXTENSION ............................................................................................................................................................................................ 13 AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES .................................................................................................................... 13 BB) PRE-MOVING INSPECTION FEES .................................................................................................................................................................... 13 CC) INSPECTION FEES .............................................................................................................................................................................................. 14 DD) REINSPECTION FEES ........................................................................................................................................................................................ 14 EE) FAILURE TO OBTAIN A PERMIT ..................................................................................................................................................................... 14 FF) LICENSING ........................................................................................................................................................................................................... 14 GG) DUPLICATE PERMIT CARDS ........................................................................................................................................................................... 14 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ................................................................................................................................ 14 Il) PERMIT FEE REFUNDS ........................................................................................................................................................................................ 14 JJ)-RECORD RETRIEVAL .......................................................................................................................................................................................... 15 KK) COPY FEES .......................................................................................................................................................................................................... 15 LL) RESEARCH .......................................................................................................................................................................................................... 15 MM) SUBSCRIPTION SERVICE ................................................................................................................................................................................ 15 NN) ELECTRONIC DATA CONVERSION SURCHARGE ....................................................................................................................................... 15 OO) REGISTRATION OF RENTAL DWELLINGS ................................................................................................................................................... 15 PP) FEE WAIVER PROCEDURES ............................................................................................................................................................................. 15 QQ) ADDITIONAL FEE REFUND PROVISIONS ..................................................................................................................................................... 16 CDES Financial Administration, rev 10/17/03 page 1 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION 1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours $1,500.00~ 20 to 40 hours $3,000.00, more than 40 hours $5,000.00 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250.00 3) Determination of Vested Rights. $100.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Vested Rights Determination. $100.00 5) Amendment to Land Development Code. $3,000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). $1000.00 (non-refundable) 7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $500.00 (non-refundable) B) BLASTING 2) 3) 5) 7) 8) 9) PERMITS & INSPECTION 30 day permit fee, non-refundable payable upon application. $250.00 90 day permit fee, non-refundable payable upon application. $600.00 Yearly permit fee, non-refundable payable upon application. $1,500.00 Renewal permit fee, non-refundable payable upon application. $200.00 After-the-fact fee, due to blasting without a permit. $10,000.00 Fine fee, per detonated shot with after-the-fact permit. $200.00 Handler fee, for handler who assists the user or blaster in the use of explosives. $100.00 Blasting Inspection Fee. $200.00 (per inspection) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon completion, fees will be adjusted to reflect actual number of blasts. C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2) Environmental Impact Statement (EIS) $1600.00 3) Landscape Re-inspection 1st $50.00, 2nd $75.00, every inspection afterward $100.00 c DES Financial Administration, rev 10/17/03 page 2 16 18 4) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non-profit organizations engaging in environmental activities for scientific, conservation or educational purposes). 5) Reserved 6) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum) 7) Coastal Construction Setback Line (CCSL): a. Permit - Dune Walkover. $150.00 b. Permit - Dune Restoration. $200.00 c. Variance- Petition. $1000.00 8) Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. $100.00 9) Vegetation Removal Permit a. First acre or fraction of an acre less. $250.00 b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum) 10) After-the-fact Environmental or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) Annual Renewal. $300.00 2) Application (Private). $400.00 3) Application (Commercial). $2,000.00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus $200.00 per month inspection fee 7) Cubic Yardage Fee: $200.00 first 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 8) Time Extension. $150.00 plus $100.00 per month inspection fee 9) After-the-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review fees associated with each of the following processes: a. SDP - Site Development Plan $200.00 b. SDPA - Site Development Plan, Amendment $150.00 c. SDPI - Site Development Plan, Insubstantial $100.00 d. SIP - Site Improvement Plan $150.00 e. SIPI - Site Improvement Plan, Insubstantial $100.00 f. PSP - Preliminary Subdivision Plans $150.00 g. PSPA - Preliminary Subdivision Plans, Amendment $100.00 h. PPL - Plans & Plat, Subdivision $100.00 i. FP - Final Plat $100.00 j. CONSTR - Construction Plans, Subdivision/Utilities $100.00 CDES Financial Administration, rev 10/17/03 page 3 k. ICP - Construction Plans, Insubstantial 1. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Development, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU - Conditional Use $100.00 $200.00 $150.00 $150.00 $150.00 $100.00 $100.00 $150.00 F) SITE DEVELOPMENT PLANS 1) Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per D/U b. plus $100.00 per residential building structure; c. plus $. 10 per square foot for non-residential d. plus $200.00 per building for non-residential. e. Additional fees for 3rd review $1,000.00, 4th review $1,500.00, 5th review $2,000.00, 6th and subsequent reviews $2,500.00 2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant. ¢. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. d. GMP pre-app meetings $250.00, refund previsions outlined in sub-sections a, b, and c apply. 3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for 3ra review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 5) Site Development Plan Conceptual Review $750.00 6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer construction costs b. Construction Inspection. 2.25% of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Site Plan Review Fee a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25% of probable cost of construction of roadway, drainage & stormwater management system CDES Financial Administration, rev 10/17/03 page 4 9) Site Development Plan Amendment $2,500.00, a. Plus $40.00 per D/U plus $100.00 per residential building structure b. plus $. 10 per square foot C. d. 16 18 plus $200.00 per building for non-residential Additional fees for 3rd review $1,000.00, 4th Review $1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) b) c) Pre-Acquisition Meeting $500.00 (no refunds or credits) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) SBR Fee $5000.00 with hourly reconciliation at project completion for hourly variation greater than 10%, final project charges at $100.00 per hour for all associated staff hours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4_~x the SIP/SDP application fee G) SUBDIVISION 1) Lot Line Adjustment $250.00 2) Subdivision Review Fees- a. Construction Document $0.75% of probable cost of construction b. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change $150.00 for first sheet, $75.00 for each additional sheet c. Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approval construction documents $500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for construction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereof) for residential, plus $10.00 per acre (or fraction thereof) for non-residential; (mixed use is residential) 4) Subdivision Final Plat $1000.00 plus $5.00 per acre (or fraction thereof) for residential, $1000.00 plus $10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential) 5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water and/or sewer construction costs 8) Construction Document Resubmission or Document Modification 0.25% of probable water and/or sewer construction costs - 3rd and subsequent resubmittals $500.00 9) Construction Inspection 2.25% of probable water and/or sewer construction costs lO) Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 4__~x the PSP or Final Plat Review Fee. 11) Administrative Amendment $250.00 CDES Financial Administration, rev 10/17/03 page 5 H) ENGINEERING INSPECTION FEES 1) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1st re-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection $125.00 I) TEMPORARY USE PERMITS 1) Beach Events Permits- 2) 3) 4) 5) 6) 7) 8) Individual Permit $100.00 Block of 25 calendar days $2,250.00 Block of 50 calendar days $4,500.00 Block of 75 calendar days $6,750.00 Block of 100 calendar days $9,000.00 Block of 125 calendar days $11,250.00 Block of 150 calendar days $13,500.00 Temporary Use Permit Special Sales & Events. $200.00 Model Homes and Sales Centers $500.00 Construction and Development .$125.00 Residential and Non-Profit Garage and Yard Sale Permits No Charge Temporary Use Amendment. $100.00 Renewals or extensions requested after the expiration date $200.00 Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign permit. Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3rd and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2.__~x normal fee J) WELL 1) 2) 3) 4) 5) 6) 7) PERMITS/INSPECTIONS Hydraulic elevator shaft permit $300.00 Test hole permit (including 1 st six holes) $300.00, each additional hole $20.00 Well permit (abandonment) $150.00 Well permit (construction or repair) $300.00 Well permit (monitoring) $150.00 Well Permit (modification of monitor/test well to a production well) $75.00 Well Reinspections a. First Reinspection $75.00 CDES Financial Administration, rev 10/17/03 page 6 b. SecondReinspection $100.00 c. Third Reinspection $150.00 8) After the fact well permits 4._~x normal fee per violation. NOTE: Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 1) Pre-application fee $500.00 (to be credited toward application fee upon submittal.) 2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00 3) Boat Dock Extension Petition $1,500.00 4) Conditional Use Permit $4,000.00 ($1,500.00) when filled with Rezone Petition) 5) Conditional Use Monitoring Review: $750.00 6) Conditional Use Extension $3,000.00 7) DRI Review (In addition to cost of rezone) $10,000.00 plus $25.00 an acre (or fraction thereof) 8) DRI/DO Amendment $6,000.00 plus $25.00 per acre (or fraction thereof) 9) DRIABN - DRI Abandonment $1,500.00 10) Flood Variance Petition $1000.00 11) Interim Agriculture Use Petition $350.00 12) Non-Conforming Use Change/Alteration $1500.00 13) Parking Exemption $1500.00 14) PUD Amendments (PUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof) 15) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) $1500.00 17) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 19) Street Name Change (Platted) $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 20) Street Name (unplatted) or Project Name Change $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non- residential 22) Variance (Administrative) $1,000.00 CDES Financial Administration, rev 10/17/03 page 7 23) Zoning Certificate: Residential: $50.00, Commercial:$125.00 24) PUD Extension- Sun Setting: $1000.00 25) Sign Variance Petition: $2000.00 26) Stewardship Receiving Area Petition (SRA): $7000.00 plus $25.00 per acre (or fraction thereof) Stewardship Sending Area Petition (SSA): $7000.00 plus $25.00 per stewardship credit applied for. 27) After-the-Fact Zoning/Land Use Petitions 2__~x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting $500.00 b. Requested at the meeting $750.00 c. Resultant additional required advertising charged in addition to continuance fees. 29) PUD Monitoring (fee charged at time of building permit review) a. $50.00 per dwelling unit within PUD b. $0.05 per square foot commercial or industrial construction within PUD L) MISCELLANEOUS 1) Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps, and reports. $.50 as set forth in Resolution 98-498, as amended. 4) Requests for formal written zoning/land use verification or similar such request for written staff responses. $100.00 per property 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are not a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 7)CD Burning: $1.00, floppy disk: $.50 8) Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9)Photocopies of documents less than 1 lx17 inches: $0.15 one sided, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. 10) Property Notification Address Listing: a. MS Excel spreadsheet onDisc $70.00 b. Print out on Paper $75.00 + 0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 + 0.11 for every record over 1500 e. CDES Financial Administration, rev 10/17/03 page 8 11) Comprehensive Plan Consistency Review a. CU's $300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: $2250.00 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: $75.00 per building permit application b) Express permits: $15.00 per building permit application 13) Project Meetings a. Meetings with Planning Dept Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per 1/2 hour thereafter. Additional Planning Department staff attending meeting per applicant request $75.00 per ½ hour per staff member. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, $500.00 per one hour minimum, $250.00 per ½ hour thereafter. 14) Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq fi commercial ($5000.00 maximum) b. Building permit applications requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response $100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal $250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dependent, $15,000.00 18) GMP a. Small Scale $9000.00 b. General $16,700.00 c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule provisions. M) BUILDING PERMIT APPLICATION FEE 1) A permit application fee shall be collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. 2) Application fee will be computed as follows: a. Single family and duplex $.05 per sq fi with minimum of $100.00 b. Multi-Family & Commercial $.05 per sq ft up to 10,000 sq fi, $.025 for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed $5,000.00. CDES Financial Administration, rev 10/l 7/03 page 9 4) 5) Minimum fee of $50.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications $50.00. The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit C), whichever is greater. Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost, signs must secure permits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections $50.00, With multiple inspections $100.00 Valuation of construction costs of $5000.00 through $49,999.99 - With one or no inspections - $30.00 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. With multiple inspections - $80.00 plus $5.50 per thousand dollars, or fraction thereof, of building valuation in excess of $2000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00 - $250.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus $2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. O) ELECTRICAL PERMIT FEES 1) The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be $50.00 per unit or tenant space. f. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. CDES Financial Administration, rev 10/17/03 page 10 EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of $1.00 per fixture unit or c) Minimum of $50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $50.00 shall be assessed for each grease trap. 3) The cost for retrofit piping shall be computed at the minimum fee of 50.00 per floor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be $50.00. Q) MECHANICAL PERMIT FEES 1) The following fee calculations shall be applied separately when the permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 3) The minimum mechanical permit fee shall be $50.00. 4) A permit for the change out of components shall be calculated at the above CDES Financial Administration, rev 10/17/03 page 11 mechanical permit fee rate or the minimum fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES 1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1) The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PERMIT FEES 1) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to $4,999.99. $100.00 b. Valuation of construction costs of $5000.00 through $49,999.99:$80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. c. Valuation of construction costs of $50,000.00 through $1,000,000.00:$333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00:$3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fee shall be: $100.00 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. CDES Financial Administration, rev 10/l 7/03 page 12 W) SIGN PERMIT FEES 1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 convenience permits is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions to permitted projects shall be .$50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after permit plan approval. b. As-built plans that have all changes made after permit plan approval "clouded". c. As-built plans and changes shall be signed and sealed by the engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charge b. Second Correction to Plans. $75.00 c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 1) The permit fee shall be $50.00 for the demolition of any building or structure. BB) PRE-MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CDES Financial Administration, rev 10/17/03 page 13 CC) INSPECTION FEES 1) A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of $40.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of $120.00 per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00 DD) REINSPECTION FEES 1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $100.00 for the second re- inspection and $125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PERMIT 1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. FF) LICENSING 1) The fee for licensing items is as follows: a. Letters of Reciprocity. $3.00 b. Contractors Change of Status. $10.00 c. Voluntary Registration of State Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating $1.00 (per license) GG) DUPLICATE PERMIT CARDS 1) The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $50.00. This fee includes the issuance ora new permit card. II) PERMIT FEE REFUNDS 1) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permit has been issued, construction has not commenced, and the refund is applied for prior to the cancellation of the permit. CDES Financial Administration, rev 10/17/03 page 14 JJ)-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remote storage including microfilmed documents KK) COPY FEES 1) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11 x 17 inches: $0.15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier, public access and not related to public record retrieval or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax. LL) RESEARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. MM) SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 1) A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (M) of this Schedule. OO) REGISTRATION OF RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - $30.00 b. Annual Renewal - $20.00 c. Late Fee- $10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. CDES Financial Administration, rev 10/l 7/03 page 15 QQ) ADDITIONAL FEE REFUND PROVISIONS 1) PAYMENT OF FEES: Full payment of fees is required for a complete application. Department policy requires full payment of fees at the time of application submittal. No work will begin on staff review of the application until all fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no refund of submitted fees. 3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management. 5) In those cases where alternative methods or timing of payments for CDES services and / or fees listed in this schedule associated with SBR reviews are deemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until payments due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded up to the nearest whole acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. 9) When deemed essential for project review or approval, there will be no additional charge for any meetings requested by CDES staff. CDES Financial Administration, rev 10/17/03 page 16 MEMORANDUM Date: To: From: Re: October 30, 2003 Pamela Lulich, ASLA, Project Manager, Alternative Transportation Modes Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-370/Golden Gate Parkway Advisory Committee voting and non-voting members Enclosed please find a copy of Resolution 2003-370, Item #16B(1)as referenced above, approved by the Board of County Commissioners on October 28,2003. This resolution amends Resolution 2001-56. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure RESOLUTION NO. 2003-3 7 0 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2001- 56, WHICH ESTABLISHED AN AD HOC ADVISORY COMMITTEE TO PROVIDE INPUT AND GUIDANCE IN THE AESTHETIC APPEARANCE OF THE 1-75/GOLDEN GATE PARKWAY INTERCHANGE, BY REDUCING THE NUMBER OF VOTING MEMBERS FROM SEVEN TO FIVE, AND REDUCING THE NUMBER OF NON-VOTING MEMBERS FROM THREE TO TWO. WHEREAS, Collier County Resolution No. 2001-56 established an ad hoc committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the Gateway to Naples and Golden Gate City, Collier County, Florida; and WHEREAS, the Committee has completed much of its original work and no longer requires seven voting members and three non-voting members to complete its remaining tasks; and WHEREAS, both the City of Naples and the Florida Department of Transportation have elected not to continue their respective participation in this Committee; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Resolution No. 2001-56 is hereby amended by reducing the number of voting members from seven to five. The voting members will be comprised of two members from Golden Gate City and three members from unincorporated Collier County. The non-voting members will be reduced from three to two, and shall include a representative of the Transportation Department and the Community Development and Environmental Services Division. Selection of the voting members shall be as follows: for Golden Gate City, as recommended by the Golden Gate Civic Association; and for unincorporated Collier County, as recommended by the Board of County Commissioners or its designee. BE IT FURTHER RESOLVED, that Resolution No. 2001-56 is hereby amended by the adoption of this Resolution as specified above. This Resolution adopted after motion, second and majority vote favoring same, this ~ ~ '[fit day o~'~. f'~' , 2003. D~G~ E.:BR~,':Clerk h' ~''': ..... -~' A~eput~erk Ilgnature ~1~ -' y: Jef~y Assi~t~~ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNIN~/,, Chairman'~ MEMORANDUM Date: To: From: Re: November 10, 2003 Jim Albury, Purchasing Agent Purchasing Department Ann Jennejohn, Deputy Clerk Minutes & Records Department Contract No. 03-3561 "SR 951 at Fiddler's Creek MSTD Roadway Grounds Maintenance", Green Heron Landscapes, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B3), approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at 732-2646 (ext. 7240) Thank you. AGREEMENT THIS AGREEMENT, made and entered into on this 31st day of October 2003, by and between Green Heron Landscapes, Inc. hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Contract Manager, and remain in effect until September 30, 2004. The County may, at its discretion and with the consent of the Contractor renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall furnish Fiddler's Creek MSTD Roadway Grounds Maintenance in accordance with the terms and conditions of Bid #03-3561 and the contractor's proposal hereto attached and made an integral part of this agreement. o COMPENSATION The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, facsimile or e-mail to the Contractor at the following Address: 16 3 Mike McNeil Green Heron Landscapes, Inc. 3636 Tree Farm Road Naples, Florida 34120 Telephone: 239-352-6000 Facsimile:239-352-1001 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail, facsimile or e-mail to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Telephone:239-774-8407 Facsimile:239-732-0844 Email: colliergov.netpurchasing The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability_: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 11. 12. 13. 14. 16B3 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation/Traffic Operations/Alternative Transportation Modes Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #03-3558 Specifications and Addendum/Addenda. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts First Wi~ess ~Type/print wimess name~ ~ Second Wire'ss - ?Type/print wimess nameJ' BOARD OF COUNTY COMMISSIONERS COLLIER~]~NTY~j/I/O RID A . By: To'~m ~n~ Green Heron Landscapes, Inc. Contractor ~icbard J_ Green President Typed signature and title SEAL only) Approved as to form and Robert Z'~'chary/' Assistant Courffy Attorney CERTIFICATE OF LIABI___LITY IN - F NCE ACORD.. 1339 A~lin~O~ PhOne:407-$49-0490 Fnx:407-648-01~7 INI~U~PD coVERAGES AI, J'T'O MOBII,,E LLa~ll~ ALL OWl',St"J3 OTHER Xs14oo90 ~302~9H9 COMBINED SINGL.~LIMIT $ SOO, 000 04/01/03 04/01/04 too ,,~e.a, nt) __ 04/01/03 04t0Z/04 /,,,UTO O["~Y EA ,,~C;CID~NT ~ SA ACC OTHER ,,~rr 0 OM-Y~ ~c,., oCCUR~,~c~= $ lO000OO _ 1000000 04/0~/04 E.L,~,C~eO~ ~ 5,00,00o __ ~,~. Di5E~S~ - ~A E~PLO~g~ __ 000 ~.L. o[~.,e~-- pOLtCY LI~IT O00 CER~cAT~ ~OLDEK COLLIER county FL ~4104 ACORD 25 (200t101i} ~c__~O_8_o. CERTIFICATE. OF LIABILITY INSURA_NCE . _ ,~0°"'" _~.~ .A.,,.~,~Q/;~/0~ _ =R~ ..... -- .... TH~S CER~CATE IS I~U~ A~ A ~TTER OP INFARCTION Z~U~e ~ ~ B~o~, Zn~. ~LYAND CONFERS NO R~HT~ UPoN THE ~ERTI~ATE P.O. ~ 5~0569 ' HOLDER. T~ CER~CATE ~ES N~T~END, EXTEND OR 1339 ~lin~ton ~:~t ~TER THE ~OVERAGE AFFORDED BY THE POMcIES BELOW. 3636 Tree Fa~ ~. IN~I~' COVERAGE~ ~Y ~~. ~ ~ CC~lTtON OF ~Y CO~ O~ O~ O~ W~ ~ECT TO WHI~ ~t5 CER~FI~ ~y ~E ISS~ DR / O~ TO ~C~ GE~ Lt~IL~ - r p~RS0~ & ~V ~URY ~MO~IL~ L~IL~ - ' ' A ~ ~IY~TO 146~3 09/1S/03 09/15/04 (:-o~;Io.~l $ 1,000,000 ~ BODILY INJURT X ~C~A~ (Pgr poreon} I A~ ~LY ~ ~CID~ ' o~ ~ .~ Acc · ~c~...~ ~L~ ................... ~c~ OC~RENCE Attn: J/~ Albu~ 3301 £, Tamiami Trail Naples ~ ~112 C0LLZ~RI CANCHLL~iqON ~ ACORD CORPORATION MEMORANDUM Date: October 30, 2003 To: Lorraine Lantz, Property Acquisition Specialist Transportation/ECM - Right-of-Way Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-371/Capital Improvement Element No. 77, Project No. 60169; Rattlesnake Hammock Road (CR 864) Improvements Enclosed please find one copy of the document referenced above (Agenda Item #16B4), approved by the Board of County Commissioners on Tuesday October 28 2003. If you should have any questions, please call me at 732-2646 ext 740. Thank you. Enclosure COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT -OF- WAY ACQUISITION OFFICE MEMORANDUM DATE: September -ª-, 2004 TO: Sue Filson, Executive Manager - BCC File FROM: Lorraine Lantz, Right-of-Way Property Coordinator Phone number: 239-213-5843 RE: Rattlesnake Hammock Road (Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations) Attached please find the original Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations for Rattlesnake Hammock Road - Project 60169 for execution by Chairman Donna Fiala. This property is part of the acquisition approved by the BCC pursuant to a Gift and Purchase Resolution No. 2003-371, dated October 28,2003 the Agenda Item Number was l6-B- 4. The Account Number is 336 163656. Please sign this Agreement on behalf of the BCC and forward to the Board Minutes and Records for attestation by the Clerk. Someone from this office will then pick it up for recording. Project - 60169 - Rattlesnake Hammock Road Fund - 336 Cost Center - 163656 Recording - 649030 Copies - 651210 Thank you! c u l~~ e r c " It t1 \' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOJwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date Ust in routin order PRIMARY CONTACT INFORMATION ("The primary contact is the holder of the original document pending Bee approval. NormaUy the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners kCJ\\Q ,~L kG- 'Í\. -t.. 'L lolf)~1 OD3 ~UV::Ðf'Ó\J\Q \\(j~ 0 f ()-h V -to" A ( <£, r... P-R. Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the Bce Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Origina19.03.04 / tJlA - V V tJ)f) 16B4"~ RESOLUTION NO. 2003- 371 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT -OF- WAY AND/OR STORMW A TER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60169). WHEREAS, the Board of County Commissioners (Board), on November 19, 2002, adopted Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, the four lane section of Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard (CR 951) (Project No. 60169) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by Agnoli, Barber & Brundage along the project corridor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Rattlesnake Hammock Road from two lanes to four lanes between Polly Avenue and Collier Boulevard (CR 951) (hereinafter referred to as "Project") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 16B4·~, 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office ofthe County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the -Page 2- 16B4 -.<0 parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the" Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 1 O. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this Z í'thday of ðctDber , 2003, after motion, second and majority vote. ",' "\\\. 'I, --. (,'\ ,'" 'I ATTEST' \,,- ;~CI I" ,.,' . ", ,&., I DWIGHT E: BRÖCK~ ßI$RK . "'~ - .. ""~.(..", It' " . '. -,. \ ~ - ! , ' lei J '.!] ~ . (' I . . BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA \o~'. o IÞ'~. -Page 3- 10/30/2003 16:46 FAX 2396595771 TRANSP RIGHT/WAY I4J 002 1684 EXHmIT "A" RATTLESNAKE HAMMOCK··ROADcCORRlDOR MAP {FROM POLLY AVENUE TO COLLIER BOULEVARD) .. ... (RIGHT-OF-WAY ACQUISITION .. ~ POLLY AVE. CORRIDOR WITHIN BOLD BOUNDARY) 11r RATTLESNAKE HAMMOCK ROAD ... ... ... ST ANDREWS BLVD. ~ ~ . ~ tEL Y GRAND BLVD. . ~ ~ COLLIER BOULEVARD 16B4 MEMORANDUM Date: March 9,2005 To: Robert Bosch Right-of-Way Acquisition Specialist Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: TDRE Agreement Project: Rattlesnake Hammock Road Enclosed please find one (1) copy of the document referenced above, Agenda Item #16B4, approved by the Board of County Commissioners on Tuesday, October 28, 2003. The original document on file in the Minutes and Records Department. If you have any questions, please call me at 744-8411 Thank you. Enclosures (1) 1684 PROJECT: Rattlesnake Hammock Road PARCEL No: 727 -A and 727-B FOLIO No: 73620100029 TORE AGREEMENT THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ,~ day of ra.~ ' 2005, by and between SIERRA MEADOWS PROPERTY OWNER'S ASSOCIATION, INC., a not for profit Florida corporation (hereinafter referred to as "Owner"), whose mailing address is 42 Barkley Circle, Suite 3, Fort Myers, Florida 33907-4543, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County two Temporary Driveway Restoration Easements (hereinafter referred to as "TORE's") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TORE's to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveways and the new roadway, and desires to convey the TORE's to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TORE's requested by County. NOW, THEREFORE, in consideration of these premises set forth above, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TORE's to County at no charge to the County. 3. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. The County shall pay for all costs of recording the TDRE instrument in the Public Records of Collier County, Florida. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. The TDRE's shall commence upon their recording in the Public Records of Collier County, Florida and shall expire on February 29, 2008. 1684- Page 2 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement may only be amended in writing by the parties hereto. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: OCTOBER 28, 2003 - RESOLUTION NO. 2003-371, AGENDA ITEM NO. 16B4. AS TO COUNTY: DATED: Os < 0 !{-- 'lOGS- ATTEST: DWIGHT E. BROCK, Çlerk \: ~. \'. ~~,-}: ¡,.., ~ ~: ~,ø(Ellðâ~. tþ :,,: ;~'p""",De:;.~t¥Rlerk Atmt I( ti ;,~~1.~an~~~ .,: .F:' s 1~at..re ··~lJ. ,'/' ::\,~\. . >/ . (r:: >.. .' " <',. ~. . '. . ( ,: .) AS TO OWNÉ'R(.'~:;"~;\','0:~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uJ-W. ~ Fred W. Coyle, Chairman-· WITNESSES: SIERRA MEADOWS PROPERTY OWNER'S ASSOCIATION, INC., a not for profit Florida corporation SbiC0-~ Witness (Signature) BY~Ý?J~~ ~~ L. ~.~~ )\:),~J "\C..E. ~\\.J!!f\\ A~p <;j¡!)í~ Approved as to form and legal sufficiency: I¿~ ty c¿d1,~~/1.--- Ellen T. Chadwell Assistant County Attorney Item # t (D B tf_ ~~~;da LÞ-.:2. 8 ·p'3 Oat", 3 Q 6 I.-t H(;c'(j --º---- ~~ -~- SECTION 22, PARCEL NO. 727-A AND 727-6 PROPERTY OWNER: liM:il:!OCK WOODS, LLC. REFERENCE: 0 R, 3300. PG. 201 SIRAP NO,: ..§l¡HHOA.l~ SCALE: I I I I I I" ... 100' I I I ~1¡~,d~~1 -~-------tg--- 2. P.U,C. I --J-Z-c=.:J K'" P ~ Vi I ffi ~~ I ~ ~CII I 1u~ ~:: I I-èj A~ I ~Q ~m I IiII.I ~W ;¡~I:JI æ ::¡.... , ~ ~~ I~: "'" 0.: ~ I I r,= ~ 0 §~ P 10 .... S: ~~ u 3; ~ ¡ e ~~ g IÒ + ... ;e: ~ ~ ~ ¡:: ~ .....1 Wi ::) I I I ~I I -===F=1 ~~ I : ill ~~ ~ I ~ ~.,¡ I! : I ~: ~ ~ I ~ ~ i II q m ~ Q:... lä ª ~ ~ '- g I-li ¡'õe ~ II i ~ II ~ ~ ~ I ~ ~ I ~: I ~ ~ ~ ~¡ I : ~ Î I a: P.O,C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ 11== . NOU .... IIIII RBER" IIII! RUNDAGE,IIIII. Pruln8tonal en.lneen, plannere. .Ie lanei eurveyortl c..w... c......'" _140 IDD, 74fIG :........ Troll, lIorUo¡ lIapl.., n. NIDI 1841)687-1111 to. Co....'" øwloo 101. 11111 11'...." lItn.t, ,.n 117.... n. la801 141)8a7-1111 C.rWlalL. af ~'Iu.orl..Ua. Ha.. LB 11114 ea. .. at.. 'u IU)GIO-JlaDa 1 "B4 - EAST ~I C"I01 I ::J I t~1 :Ç 4J I 1= ri I . I s"l I t') ... ... o U~ ::Jh 8~ is ðf1 J~ ~a:: d TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA I : I I I I I I I I I I ~ I I C! I I n. I I ~oìt5 Qft)ð ~~~ Q:¡ ~I-:: ~~~ ~ t') .... o ..... _j:i2~.J.. 50.00 TEMPORAR RESTORATION +92.91 --;Õ.ÕOT IIn I I rt~iì ¡I: ~;~ I I: ~~! ¡ ill ,0.: C"I ~ ¡ II I 6 (0 i ~ ¡ ~ ~ ~ I I I ~ ~ ~ 11-E:-11 I Õ u~ t ~~ ~ I ~ ~~:J .!!;.I ~ I I In... ~a.: ~ 1~ I Q: I IS... 0 . 0 ~~I ~ LJ--~~_----~~----~--- ¡:f e:il¡ n. I I ~o.: oÌIIE (ìj ~ I ~ -q;. ~o ~ I~~ I ; P: m: ~~ f< ~ ~ 0 : ~ : ~ I VI cs ~~. ~~~ I .- f-!-J ~ ~ b~ I I' ~ ~ i: I I ~ ~I J ; -... ... ~ ~ · ~ ... ... · · ~ ~I I ( 9 !~~~~~~~!~g '- ~~ I"C ~ en en õe õe en en en ;0: '"' en ï ~I II I r!.~iì "C~I I ~w~ ~~===~~~~~~. ~ i õe! : ~: ~Ia 1- I n. ~+JJ,J glö:õoT ~!~~~HHi~!H~~ ~-I..J--J.,J-.I""'''''-J.,J Page ....... 4.1 ci .ij ki ..¿ ¡J ::i n: ¡J ::iN ù&:l III ~ð Q:¡¡¡ . 01 ~&I ~; Q:~ Þ! ~ ä: ~ I a :< t ~ A of . ~ tt) ~ I ~iil I ~øì¡M "&t II.ù ~d I ~ I") B ~ ~ilt~I¡lt¡ I~ ~S~j I I~~!~I <oil II; ~ CO ~;SI~1 I ~I I I e5 ~::.... ;1 ~ ~¡:~ Vlo.:~~ E!~ I II~ ~iìi LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 727-A AND 727-8 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ¡..f ~~ ~~ ~ BY; CKNEY, P.S.M. NO. 5606 SCALE: 1"... 1 00' DA TE: OEC 1 J. 2004 DRAWN BY: JAN PROJECT NO,:-.dJ1~ ACAD NO: 8672-5D30 FILE NO: 8672 '1 1~B4 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION FOR PARCEL 727-A ALL THAT PART OF TRACT" A", OF THE PLAT OF SIERRA MEADOWS PLAT BOOK 39 PAGES 11 THROUGH 13 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF THE AFOREMENTIONED PLA T SAID CORNER ALSO BEING AT THE SOUTHEASTERLY CORNER OF TRACT "A-1" OF SAID PLAT; THENCE SOUTH 87'48'34" WEST ALONG THE SOUTHERLY LINE OF SAID TRACT "A-1" AND A NORTHERLY LINE OF SAID TRACT "A" A DISTANCE OF 84.70 FEET; THENCE LEAVING SAID SOUTHERLY AND NORTHERLY LINES SOUTH 2"11 '22" EAST ALONG THE WESTERLY LINE OF SAID TRACT "A" A DISTANCE OF 39.87 FEET; THENCE LEAVING SAID LINE NORTH 87'55'10" EAST A DISTANCE OF 84.70 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE AFORESAID LOT 1; THENCE NORTH 2"11'26" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 39.87 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3,377 SQUARE FEET OF LAND. MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY DRIVEWAY RESTORATION EASEMENT AND LEGAL DESCRIPTION FOR PARCEL 727-B ALL THAT PART OF TRACT "A", OF THE PLAT OF SIERRA MEADOWS PLAT BOOK 39 PAGES 11 THROUGH 13 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF THE AFOREMENTIONED PLA T SAID CORNER ALSO BEING AT THE SOUTHEASTERLY CORNER OF TRACT "A- 2" OF SAID PLAT; THENCE SOUTH 87'48'34" WEST ALONG THE SOUTHERLY LINE OF SAID TRACT "A-2" AND A NORTHERLY LINE OF SAID TRACT "A" A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID SOUTHERLY AND NORTHERLY LINES SOUTH 2"11 '26" EAST ALONG A WESTERLY LINE OF SAID TRACT" A" A DISTANCE OF 41.00 FEET; THENCE LEAVING SAID LINE NORTH 87'48'34" EAST A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE AFORESAID LOT 3; THENCE NORTH 2"11'26" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 41,00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; EXHIBIT A CONTAINING 2,050 SQUARE FEET OF LAND MORE OR LESS; Page 2. 0(.2- - THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: =111~ou 1III . ·.1 HER '" Iii I RUNDAGE,DIIL Protaa.lol161 an.lnaar., plallllal'll, " land IUrYllyora c:ow... Co_v. ....ta '00. ,.ao ,...... Tlroll, XoriIo¡ x.pIe.. tL ..a"l'''r:"...ua ... Co_v. lulta 101. I'" ....417 Iln" ,m M7.... n. ...01 "I "'-IIU c..Wt..ta of .i..u..riaaU.. N... UI "I. ... II .... J'IW 141 "1-1101 LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 727-A AND 727-8 CLIENT: COLLIER COUNTY TRANSPORTA nON DIVISION : BY: ~~, E GE-W. H~KNEY, P.S.M. NO. 5606 SCALE: N. T.S DA TE: DEC. 13 2004 DRAWN BY: ,JAN PROJECT NO.: B31~ ACAD NO: B672-SD3Q FILE NO: 8672 .' 16 84... MEMORANDUM Date: March 15, 2005 To: MargaretJ. KJeynus Transportation From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Subordination of Utility and Cable Interests between Collier County and Comcast of the South, Inc. Enclosed is a copy of the above referenced document (Agenda Item #16B4), which was approved by the Board of County Commissioners on Tuesday, October 28, 2003. If you have any questions, please contact me at 774-8411. Thank you, Enclosure __·W_._·'_O..__..,*,_.,." . ._~.""____._.... ___" Prepared by: Ellen T. Chadwell. Esquire Office of the County Attorney 3301 East T~iami Trail Naples, Florida 34112 (941) 774-8400 16 B4~ , ¡ l 3~, Nap,c:~, (941) 774~400 SUBORDINATION OF UTILITY AND CABLE INTERESTS Public Body /11.... M" ./'cf,.. THIS AGREEMENT is made and entered into this /. day of Fobruary, 2005, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and COMCAST OF THE SOUTH, INC. (formerly known as Colony Cablevision of Florida, a division of Providence Journal Company), a Florida Corporation, whose mailing address is 1500 Market Street 11th Floor, Philadelphia, PA 19102 (together with its successors and assigns, hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right-of-way purposes; and WHEREAS, the County's proposed use of the Property for road right-of-way purposes will require the subordination of the interest in the Property by the Utility to the County. WHEREAS the County is willing to pay all costs to have the Utility's facilities relocated to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: Corneast 16 B4_ 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, solely for the purpose of constructing, improving, and operating road right-of-way, sidewalk, drainage, noise barrier wall and landscaping facilities, over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK-PAGE Grant of 8/05/1994 Shadowwood Villas, Inc. Colony Cablevision OR Book 2024, Easement of Florida PaQe 0419 Plat Book 9/9/1996 Shadowwood Villas Any Cable Plat Book 23, Dedication Television Franchise Pages 86-87 Company 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Utility will notify the County prior to any construction or relocation of facilities within the Property, except in case of emergency. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay within sixty (60) days of demand all costs incurred by the Utility in connection with such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements and reasonable attorney's fees for such acquisition. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. The County shall repair any damage to the Utility's facilities resulting from the exercise of its rights under this Agreement. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable by County solely to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. Corneast 16 B4~.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: ,.,;j' 8~.";r,'f) DW IGH-r:~~~~~~OCK'.~berk ~,.~á;~,.òú .~.:~. ..... .' ~'.'. '7 ~1J.f.· Clerk Attnf.:'·Þ C~ .' ti s t galtri:ìCf"-." ...'; 'Q~'.~' ,. "" "t,lJ .:it~ ~'I" . ~~" Signed, sealed and delivered in our presence as witnesses: ~ ¡¿'_OQ9 WITNESS (Si9~; (J Name: 5í£vE.t,J K.()J~Ef'f Pr:' t or Type) WI Name: (Signature) 1!o6er-i::£/Aú"ðl-/ (Print or Type) Corneast BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W ~~ Fred . Coyle, Chairman Com cast of the South, Inc., a Florida corporation BY:~ Print Name: i.IJ ~f..i JCJ..)úÆf3æ Title: VtL£ PRtS/ G-eJq~'l /VI6P--- I Item # J" /!; l' Agenda ojt.el03 Date I ~/5/0S 16'84~ STATE OF j ~ 'd t:L./ &-t~ COUNTY OF The for,,'fIF! Suþordination of Utility tì1 Cable~þst~ was acknowledged before me this //t>0 day of tL{f!ßv , 2005, by ~ . ~(Name), LAcE. fQtiS 1c.f.:.ì-lILAl t-tGß(Title), on behalf of Com cast of the South, Inc., who IS: .l?ersonally known to me or who has produced as identification. O....~fI.~ ~úÓ'<'/ BARBARA A STOCKNER If ~7 ~ COMMISSION NUMBER '!? . 'Ji!. ~ DD127102 1'1' ~ MY COMMISSION EXPIRES OF f\.O JUNE 18.2006 ~Lh<La. it~ (Signature of Notary Public) ðQt-~ A. ~ -he bur (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if an,? My Commission Expires: ." /#Lf If; cPti() Þ (affix notarial seal) Corneast SECTION 76, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIOA PARCEL NO. .llJ..____ PROPERTY OWNER: m~D.QWOO!L'!lU.AS_____ REFERENCE: fJLZ3,::PgS. BG-Bi=-'=':"~= SffiAP NO.: AREA OF TAKE:-j:SÎifj- ...çnii.._==_==' ARf.A OF REMAINDER: XXXX .â.,Q,._IL_L__ 1 ~ I ~~ 0 I ~!11 0 I p ~I ~ I ; H¡~ : 5 t :i~ 2 : ~ i ~ ~¡~ 8 I; ~ ~ ~ ~~ ~ I ~ : ~ ~!'i 0.. III ~ (<) '~H N: ~ .¡. I o! ~ ~ jì I I ~ ~~ I ----' ; f¡~ill I w /--- --. _h -- - -.... -. _ _.... _. _ 1_ _ _ \{ t;~ III --. - ./ _n. ------ -- --- - I-I It ~~~_/-- L _, _ ~~~ ~ ~t;~ I ~ ~~! 1RAeT "A" ~ I ~ ~t'! .~ I ~ " 00 - ~"ð ..¡ I ~ ~ ~ :¡ i!i - - _...._ __ .... .... __ _. _.... _.... _ . h_ _ _ _..... _ __ _._ _....~ ö-..I.. § .. - :ftU~~mW5~%WIffi.:- __ _ rn~..!"'!'_~~ Q.~~._ _.... __ L . ./ -.../I _~~~.r. ~~~ s.._~. '~.: __ 20' MD£ OAA/HA(E £Aso.[tt'f l F V - fJ OO'I7'''ßa W U.J2.l1 I <AST'-"'£ or """"'MGT c¡u....7rn.. PARKERS HAMMOCK ROAD Qj {j or 5OOIlI£'5T OU....1V< (60' !WDE. INGRESS / EGRESS EASÐ.ICNT)d d SW,"" It. nor. "" So. ROC. .. .. O.R. 8001< 1072. PAGE 1518 ~ ~ . ,cr:: -==:::-::=:'1--- Z --C'==r SCAlE: ," "" 80' I-- <J ~ m w ~ III ~e~ §~'" e~~ ~~~ \!~t'! "!I¡¡ i!i R ~ ~ 1/ ! ~ ~ ~.. ~ ~ '" * 0_ 1<1.......1 1-.~~'..tv,~ 8¡'5~H ; ~ '" '. ~"" r:J. ~:t~~~~ ~~N~~~~ ,- f/J ->: '" <0 '" ~ ~ ~ It) I>.. ~~~ s~ ih~ ~~~ III a-: ~:-~i~~~~~ t ð (I) '" '" Q.. ¡}} ~ e <ñ ê5 ¡:;: <.> ¡j m w ~ :\I I ¡¡ml' ""~~ i;¡v! ~t;~ '6h l!I~è :¡'6~ I ~ r. ~ Li I"'" I - ~ ~ i~i 8~~ ~~~ - - -- - 'OC'-OC --. is It. ~ I" ~ I~~ I; g . i~1 ¡ ~ ... - ~I~t .¡ ¡ P.o.C. P.O.B. R.O.W. PO IN I OF COMMENCMENT POINT OF BEGINNING RIGHT-Orc-WAY SŒ SHEET 2 OF J MA TCHUNE ...... ¡¡¡ d II:: g .:::.. î l- ll) «>0 W " ~. u~ '" " '" ~ "- ;~ t5 " ~ ~ ~ I ~~I ~ :- 5 If r " i S I ~ ..: t ~ ... 13~~ ::J j ~I ~ ~~~ 0 ~ ::r: "-.' 'r) ."' I I ì1j... !!: ~ ~::~ ~ i~~ ~ ~ ~ I ~ <;¡ ~ ð ~ ::: p ~ tX '- __ 1{9~ ;~ h ;;: ;€ ~!5 f", B~ :w :~ ~¡¡ ~.; '6~ i! ~~ h E~ ~~ ..... ;::: GN{)I.! ..... ¡¡¡ii. - hRl1Im At ...... 3 ...... RUNDAGF..om Proff!ulonftl Cnlinp.ftN. plenners, " land lIurveyon C~llIo'i:r CCllftt,r: lulte lOCI, 7100 rl",llml "1'111. "nth; N.~I.II. rL :141111 {'41 )11"'-11111 I..." CC'lllnl,~ Sull.lo 101, IUI Iff",l'It 'trf4t. F',,~t W'f'". rt. ~'O(tl (UL)IS7-Slll r:forUn".too It' luth"'tl"Wul tf".. 18 .....~ .n<l Ir.I :\8114 ru.: (8U)nM-UOS U:GAL OESCR") flON AND SKETCH SHEET 1 Olc .3 DESCRIPTION: PAReEL 113 CLIENT: COLLIER couÑ'fYm SP RT DIVISION ~~~f{;' _- BY; !/-. / ~... ._ 12/23.LQ¿ ·~E . HACKNEY. P.S.M. NO. 5606 B~VISED TEXT SCALE: _.L '= I1Q~ DA TE: .s.E.e.I.-2.IL2.Q.QJ DRAWN BY:____-lllli PROJECT NO_:--1U1.5 ACAD NO;ß§6B-SD12 FILE NO: B61W jf·ììŠ-Î.rGAL DESCRIPTiON AND SKr::TClI mEPARED BY: 16 Ö~~ . . SeCTION 76, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN7Y, FLORIDA PAI~CF:t NO. ..1J,L__._. __.___ PROPERTY OWNER: .s!:lðlll!W!tQlL'l!J.l..ðS___ HUERENCE: Lß..Z~~::¡U___.___ S1RAP NO.: ..___________ AREA OF TAKE, .Q.3a6 ...CRE~_.______._ AfŒA OF REMAINDER: xxxx ~º,.J:L±__.. --==_J--. Z---C::-:-:J SCALE: 1" = 80' - 1- i5 ~~- >-Ifj ~ ~ ~~~ 1tI"C: ~~Q. ).. ~ ~ II '" jEiö a~ 111... n VI g it ::¡ h! I~ Iª I ~ I¡~ I ~ .///~/jJ .---.... 8 -.- <0 It) I~ I;~·I ~ !i 2~~;t ,~ ~ 5æ!1 I~ ~ II;. ~ +10.57 '" -;a:õõr.--- ~~~~ ~~c.;~ ~ n.~ ~ ~ ij~ ~o:~ ~iÞcS~ iö: VI - ~ -- a:?!¡¡¡ ~~~ ~~~ æ I- V) L:i <0 '" ~ <: "'( '" ~~ ~ ~ ¡!;. ::J o V) C) .) Q ~ ~ 2 <ô JtI,'I,,!It !~~~~ ª~~ § :~~~ . 8~.. ~i! .~ ; ~~~M ~ -~ tJ ~~~~~ 0..... ~ _ to ~. --l ""I ~~~ ~::;,,'1:'; 0 <) ,. ;:; '" ~ r-: l.> b¡ P.O.C. P.O.E3. H.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-W^Y nJIS 'lEGAL -DESCI¡IP liON AND SKETCH PREPARED BY: ImEI! k' RT/NnAf;¡;:.~. rrol('!~~(onl!t.l oI!ngln(!"f'1'I. (1ll1lnn~nt. At IfJhd !lltrV"fGt'I' (:11111., C'HUlt7' .!hltt" 100. '400 T.....I."'" ""alt, Herth. Hap'''. rt :UIØ8 (I41)U",-SOI r.u r.Olllllp litHe IIn, UU nnd..,. ~tre.l, "U" Y,fttl, n. MID. ('41\)'.,-1111 r.~turl..tlt øt At1ttu.rhaUelll IfM. IA M'. .'jof 1:1 :tIU ra.: rOu)Øe8-UOð <.:> o + ~ '" ¡ ; I;¡J ~ ill ~ ~ (' ¡~ ð", W ~!I a~ ð~ ~.¡ ItI !ill ~~ U ~~ ~ i ~ ~ i i I S 5 i à ~, t B ' ¡ 'I a! ~ 16' 84... I"''' ~~ F1i: 5" ~ ~ ~I> ~ ¡;j'!'fi! i:;: ~~ ~ ~~ ;: ~~~ ~t;t1 I I I I I I I I I ... V) ~ U~ <0 '" =~~ ~ :<?: ~ ~~8 ~ :<"'~ ~~8 ~ 13 ¡:; ~:~ '" .~ <r) ì1;... !!, ~::!1¡ ¡¡¡ ~s~ ~ 12 11(~ ¡;;¡ ~ 0 b¡ I å ! ;;1 ~I ~I d¡ ~\ ~I ~I ,,>~I;¡; ~ '-°1 ~ ;~I" ¡¡ ~ I~ ~ ~ 11( I ¡¡> ." Q.~ ~ ~ I ~ ~ ã ~ ., :~ h ~ ~~ I I¡ I ð~ I~ n :~ ~~ I~ ~ð MA TCHUNE SEE SHEET 1 OF J " '" !ij ~ ¡ ~ LEGAL DESŒIPflON AND SKETCH SHEEr 2 OF J DESCRIPTION, PARCEL i 13 CLIENT: COLLIER COUNTY TR-NSPO TATION DIVISION REV! _._._.--....~ ----.------- --..------ BY: I I ! I I i ~ ¡ ~ ~ ~ ~ ) I;' ( .____ _OR _ W. HAC Y, P.S.M. NO. 5606 SCALE: _.J.'~_B.o.: -- ATE, 5EE'1. 26 2003 DRAWN BY:----..>.IAtI PROJECT NO.:--ð..1l5 ACAD NO: B.e.2ß=.SQj.2A FILE NO: 8668 ·' SCC770N 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIOA 1:6 B4~... LEGAL DE.SCI~If> liON OF P Af~CEL 11.3 ALL iliA T PAin OF SIIADOWOOD VILLAS ACC:ORIìING ro THE PIAl THERF:or AND AS RF:COROm IN PI.A T BOOK :13. PAGES 86 THROUGH R7 PUBLIC fiFCOf-mS OF COLLIER COLJN ¡Y. FI.OF<lfJA AND rJEING MORE" PAIHICtJl.Af~1 Y DESCRI[J[O AS FOLLOWS; A 17.5' WIDe RIG!I T OF WAY EASEMt:NT FOR TilE FlITURE WIDENING OF RA n!CSNAKF HAMMOCl( IWAD AS SIIOWN ON SAID PI AT AND BEING THE SOUTHU,U 11.50 FEU OF TRArT "A"; CONTAINING O.J83 OF AN ACf<E OF I.AND Mor~E OR I.E5S; AND COMMENCING M'IHE SOU lHWESTERLY CORNEl, OF SAID SHADOWOOD VILLAS SAID CORNER ALSO BEING ON TilE NOIHII RIGHT OF WAY UNE OF RATrLESNAKE HAMMOCK ROAD AND IS IIIE SOlJTHEASTERl.Y CORNER OF PARKERS HAMMOCK ROAD INGRE.SS AND EGI,LSS EASEMENT AS IŒCORDED IN OFFICIAL RECOlms BOOK 1072 PAGE 151fJ; IIIENC:E NORTH O'17'4fJ" WEST AL.ONG THE WrSIŒL.Y LINE OF SAID SIIAIJOWOOD VILLAS AND THE EAS rERIY LINE Of'" SAID PAHKERS HAMMO(;K ROAD A DISTANCE OF 17.50 F"f::1'"l TO ¡HE POIN r OF REGINNING OF THE PARCEL IIEREIN 13UNG fJEscr<lf][); ',W,NŒ SOU III 89'15'45' LAS r AL ONe; A liNE 17.50 FEF.T NOR lHŒL.Y OF AND PARALLEL Willi SAID '''GIlT or WAY LINE A DISTANCE OF 20.50 FEET; lHENc[ I-E,WING SAID UNE NORTH O'H'E;" LAS] A DlsrANCE OF 12.50 FFEf; nlCNCE NOfHH fJ9'15'4~j" WEST A DISTANCE or 70./2 FEET TO mE AFor,FMEN nONElJ WI':S rmL Y UNE; ¡HENCE sou n¡ O'I7'JO" EAST A UIS 1 ANCE OF 17.50 FEET TO ¡HE AFORESAID I<IGln OF WAY UNE AND TlW IOOIN ¡ Ole Bt Glt'INING OF TilE PARCEL "[REIN BEING D[SCf<lfJ[lJ; CONI AINING ?c,A ST. o¡:- lAND MORC or, LESS; FOf~ A rOTAI COMGlNUJ ACHFAGE OF OJ89 OF AN ACRE OF L.AND MOf<[ OR LESS; ....~ un 'NOI.I .... ..... -.__ ARIJRR k . .. ..... ...... RUNUAGEtlNC. rrQl~ulonßl enllne~NI. plAnners, It plOd s'Jrvcyo~ ('llIJer r.:#'lJnt}"l "IIt!! ~(M, 'HIXI T..,..ll.ml Tr.U. NOflb.¡ tl1rl.., n :14tH I.tt)u?-allt t<!'e Cn1ll\t,tl SullO'! Inl, 1816 Hrt...dtJ øtrtll!t., rllrl N:1f''''' PI. :I,gl)l fØU)131.SlIl cfltun~.tf! lit AtlUutfl....U,ul Ho.. 1..1 3... _"If "11 Mh FI.1I~ ('U~IUt.-:lln:l lEGAL DESmlroTION AND SKETCH SHEET .3 OF .3 DESCRlrnON: PARCEL 113 CLlEfoJT: COLLIER COUNTY NSPORTATION DIVISION ._-~. . ,i."¡¡y BY: . EOR ,_ W. HACKN _ . P.S.M. NO. 5606 SCALE: N. T.S, DA TE: .sEeI.-2fi...2Q.QJ DRAWN flY:_..........1lill PRO,JECr NO.:~ -.-..-------- ACAD NO;8!'ill.6:-J:;Q12A FILE NO:_~.8. --~-_.- THIS LEGAI_ DESéRIPlION AND SKETCH PREPAHED BY: ---.-.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE 1684 Print on pink paper. Attach to original document Original documents should he hand delivered to the Board Office. lbe completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the f C exceptIon 0 the hauman's Signature, draw a hoc through routin" lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. . ."-.. ._-"- ---..--... ._..w_._. . -'-'''.'-' ... . -.-,----- ..---.-..-:::.--::::=""- - - ,..-'- Z. .--" -- - - --- .--~.-.__. 3. -. .-.-. I . -.. 4. _r' .- .._-~------_...,---,- ,..--.----.-...--..----.--.. --_.._- ~_._".~._--,_.....-._.._--""-'---'- --_._---_."_._~.....__.~-,_. -- .--.....-.... - -. ....-.- .. .. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending nee approval. Normally the primary contact is lhe person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only aftcr thc Bee has acted to approve the item.) Name of Primary Staff Robert Bosch. ROW Coordinator, TECM Phone Number 252-5843 Contact Agenda Date Item was October 28. 2003 Agenda Item Number 16B4 Approved by the BCC Type of Document Agreement Number of Original One Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arlies exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiateJ contract dale whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si(rnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on October 28, 2003 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count. Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A lie able ) 2. 3. 4. 5. 6. /0' I ..~7, )(-.....,1 ?<) N/A eV r I: Forms/ County Forms/ Bee Forms/ Original Doeument'- Routing Slip WWS Original 9,O.'"',O.t. Revised 12605, Revised 2.24.05 MEMORANDUM Date: June 3, 2008 To: Robert Bosch Right-of-Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement wi Naples Retirement, Inc. Please find enclosed one (1) copy of the document as referenced above (Agenda Item #16B4), approved by the Board of County Commissioners on October 28, 2003. The Minutes and Records Department has retained the original document for the official records of the Board. If you should have any questions, please call me at 252-8411. Thank you. Enclosure 1684 . 1684 PROJECT PARCEL No(s): FOLIO No(s): AGREEMENT N_flr.s ~tltle...e""'" 1:itc. THIS AGREEMENT (hetein~r referred to as the "Agreement") is ma and entered into on this ..M day of If)" IL. , 20 01 ,by and between , whose mailing address is hereinafter ref rred to a" "and COlliER CO N political subdivision 0 e ate 0 orida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), WiTNESSETH: WHEREAS, County has requested that Owner convey to the County a Easement over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and 1000 Le\y 'PAl...." ))r-ive. 1>.(). Bill'- f~ fIn )JAr1e' 1Ft.. ~c1/13 WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms Clnd conditions sel forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of thesc premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correcl and are hereby expressly incorporated herein by reference as jf set forth fully below, and all Exhibits referenced herein are made a part of this Agreement 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly eiecuted ejlsement instrument) is hereinafte, . referred to as the "Ciosing." 1lie '\1>l'Vl'\ ri "tMV"YOM~ (.C4$C....tM"t) ,$ Q:Hut..d k.en.-ID. and/or qualifications encumbering the Property, the executi stromants which will remove, release or subordinate s ranees from the Property upon their recording in the s of Collier County, Florida, Owner shall provide suc s, properly executed, to County on or before the date of ~il_~lPlfi. _oF 1. TRI13 A!'Jfasm8f1t sRBIl13e 1",1:111 Bnd ,olel, l\l"IB' eof no ftlFthu fore!.. Closing shall occur within sixty (60) days from the date ecutes this Agreement; provided; however, that Cou ave tile unilateral right to extend the term of this A r n ing receipt of such instruments, properly executed remove, release or subordinate any and all such liens, 5, County shall pay all fees to record any cllrative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded agains1 the property underlying the Easement. 6, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall Inure to the benefit of and be binding upon the parties hereto and their respec1ive heirs, executors, personal representatives, successors, successor trustees. and/or assignees, whenever the context so requires or admits. 16 B 4. 7' 7, Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than thOs6 so stated above: and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained heroin. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date first above written. AS TQf'\Jllfi~~ ' D"\~D;...~~",, , ~,0~ .~ r. . IiTTEST' ... ., .., ~~ s a ~ ft s }sf~~lf.'A.on J.. DATED~"1;'.'::CI clOD8' Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) ,lZv:!:::~ Approved as to form and le,&:fiCiency: /",V.~ Assistant County Attorney LII"tfi(!vi"ed:6f9J07 BY. "M NClfle~ Re.+ire....el"lt, 1y- . fri'll-l N.lI4e ~ r Titl<<.: fY',<?.,;~JYlr Item # 1 b?YJ Agenda _1fZj.~ D3te IV1ff) V....I ~ale f43frb ~~ 1684 PROJECT: PARCEL: FOLIO: ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this day of , 2008, by NAPLES RETIREMENT, INC., a Florida not-for-profit corporation whose mailing address is 1000 Lely Palms Drive, P.O. Box F-147, Naples, Florida 34113, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive right-of-way, drainage and utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. Grantee shall maintain the easement area in good repair so that it does not unreasonably damage the adjoining property. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: NAPLES RETIREMENT, INC., a Florida not-far-profit corporation, (Signature) By: Print name: Its: (Print Name) (Signature) (Print Name) 1684 STATE OF COUNTY OF The foregoing Right-of-Way, Drainage and Utility Easement was acknowledged before me this day of , 20_, by of Naples Retirement, Inc., who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Last Revised: 3/26/2008 III d Pi II Iii , Iii , ll' 0 l!!!IEI I/'! i I ~ ~i~~ , ! Ii ",. II Dy..,lllddl..Milll "'.<<ourl To.. ~~ ~~fl~ ,~~;... ~~il...v w< , ~) ~::II ;gs~iiiill ~~i... ~l V -< 1l o JJ :i 0 Z 1l CJ(J)"tIO(J) 0:r0"'", E'O~~~ m"'oOllO JJ Z-I 8g~~~ ~-<:r(J)O~ :::! m"", . ;,,~:io "TI)>-l>lI rzOz-<'O 0," m-< lImf'J)>5 Ol\}.;-'"Ulmz J>O> ;:: ~ m '" Z -< -< ! ! I ! I~ , ~ ~, ." ~ I, ~ 11 ~~g ~~~ .>~ ~5; ~~ ~ II I~ Ii :~ .....,,, 11 " '.H !, '" !I!~~" ~I Iii" ~ , '~ !II II! 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[i LEGAL DESCRIPTION !I Proposed Right of Way Easement il Portion of lands lying in Section Zl, Township 50 South, h Range 26 East, Collier County, Florida H Ii Being further described as follows: :~ Ii Commencing at the Northwest corner of Section 21, Township 50 South, IJRange 26 East, Collier County, Florida; thence S890I3'46"E along the North line [!of said Section Zl a distance of 823.10 feet to a point; thence, leaving said North [Fine of Section ZI, SOoo46'14"W a distance of 67.50 feet to a point on the South !tright of way of Rattlesnake Hammock Road (right of way width varies) and the U Point of Beginning of herein described parcel. Ii Thence, from said point of beginning, S890 13' 46"E along said South right Ilof way a distance of387.80 feet to the intersection of the South right of way of [I Rattlesnake Hammock Road with the East end of a concrete gravity wall; thence I leaving said right of way, SOoo46'14"W along the East end of said gravity wall a P distance of 0.06 feet to the Southeast corner of said gravity wall; thence t N89038'49"W along the South face of said gravity wall a distance of 19.85 feet to r, a point; thence N89035'Z7"W along the South face of said gravity wall a distance 1. of 21.84 feet to a point; thence N89023'45"W along the South face of said grayity t wall a distance of 25.02 feet to a point; thence N89026'OZ"W along the South face I, of said gravity wall a distance of 24.58 feet to a point; thence N89014'45"W II along the South face of said gravity wall a distance of ZO.8Z feet to the ii intersection of the South face of said gravity wall with the East face of a light pole : base; thence S02024'15"W along the East face of said light pole base a distance of i 1.84 feet to the Southeast corner of said light pole base; thence N89049'19"W [ along the South face of said light pole base a distance of Z.56 feet to the [I Southwest corner of said light pole base; thence NOoo3Z'40"W along the West ~i. face of said light pole base a distance of 1.87 feet to the intersection of the West r face of said light pole base with the South face of aforementioned gravity wall; i thence N89056'28"W along the South face of said gravity wall a distance of Z5.61 [ifeet to a point; thence N89006'20"W along the South face of said gravity wall a '! distance of 49.53 feet to a point; thence N89030' 49"W along the South face of I said gravity wall a distance ofZ5.70feet to a point; thence N890ZZ'IZ"W along .1 the South face of said gravity wall a distance of 26.09 feet to a point; thence . N89026'48"W along the South face of said gravity wall a distance of25.14 feet to i a point; thence N89021' 49"W along the South face of said gravity wall a distance jof Z6.4Z feet to a point; thence N890Z8'ZI "W along the South face of said gravity Ii wall a distance of Z5.8Z feet to a point; thence N890 14' 48"W along the South face I' of said gravity wall a dist~ce of.25.13 feet ~o a point; thence N89023'16"W Ii along the South face of sard gravIty wall a dIstance of 17 .61 feet to the ,. [I intersection of the South face of said gravity wall with the East face of a light pole Ilbase; thence S08059'02"W along the East face of said light pole base a distance of ii 1.92 feet to the Southeast corner of said light pole base; thence N88004'59"W I! along the South face of said light pole base a distance of 2.15 feet to the ilSouthwest corner of said light pole base; thence N01 o28'45"W along the West ., :! iiEKHIJJIT A !!Page 3 of 4 i ~ jj 1" Li 1684 'Ii COOJD.B.M.t! .kace of said light pole base a distance of 1.86 feet to the intersection of the West 'iface of said light pole base with the South face of the aforementioned gravity !wall; thence N89016'00"W along the South face of said gravity wall a distance of I iZ3.51 feet to the Southwest corner of said gravity wall; thence NOoo46' 14"E .!along the West face of said gravity wall and the extension thereof a distance of 1'!l.Z4 feet to a point on the South right of way of Rattlesnake Hammock Road and !the Point of Beginning. I, 11Said parcel contains 312.07 square feet of land, more or less. IIBearings are based on the North line of Section Zl, Township 50 South, Range Z6 IIEast, Collier County, Florida being S89013'46"E. I!subject to easements, restrictions and rights of way of record. I..!prepared by: !DRMP, Inc. t~L~ I Professional Surveyor & Mapper I,Florida Registration No. 6305 ilNot valid without the signature and original raised seal liof a Florida licensed Surveyor and Mapper. ijSEE SHEET 1 FOR SKETCH OF DESCRIPTION ,. ! iSEE SHEET 2 FOR DETAIL II " 'I 1; 'i b !~l II II I' II rl 1I I' tl " " , H il I, 'I I, ii Ii II 'I Ii 1.1 EXf/18rr 4- Ii Page 4 of 4 , i! II i.i 1./-'1-08 Date 16B5 PROJECT: 65061 PARCEL: 717 FOLIO: 36666880007 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENTJ~,reinafter referred to as the "Agreement") is made and entered into on this -J-1:- day of ~ ' 2005, by and between Virginia Martin, a single woman, whose ma ing address is 12217 SW 132 Court, Miami, FL 33186, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS,' the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $500.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make payment in the amount of $500.00 to Midwest Title, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 4. Owner is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Temporary Construction Easement Agreement pagi26 B 5 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the , County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under paragraph 5. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall expire on September 30,2008. In the event that the construction of the grade-equalizing slope has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30,2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representativer;, successors, SUCCASSor trustee, and assignees whenever the context so requires or admits. 11. Conveyance of the TCE, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Temporary Construction Easement Agreement Page 16 8 5 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this day of , 2005. Dated ProjecVAcquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 1685, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No.1 OF, Date 5/25/2004 AS TO PURCHASER: ;'"' /' DATED: ) - la ~ 0) n ,,¡' "n ATTEST: ."' \. . II, , (. \. " . . ' DWIGHTE. BROcK;'Clérk _~~:7·. . ',,-, ~.') '.,"~':"', , ~\' : ~e Atti~t·~. a~ ''to C .'1~ttfClerk S1jA4t~. C)Al1~'\"""":; , AS TO dW~~R:···~·.<·'. . ..'7¡ . s ~ '. :' \ ' DATED: {~rJ.'i¡ ðC05 WITNESSES: ~-fu J «-JVL.. (Signature) ~. 0... . "'-'/:à-....n- ù ~ .(Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. C~ Fred . Coyle, Chairman /u~. ". <-~L V"'M~ Irglnla a In \, ,,"\VI·!"''.,·f~. r:\~L-;~,r'bctf1, rr"~~~:J:;.~~ " : .~- ~ >~!~~¡:<~<, i;! :,'(,';~¡:.<j . í7",;r .. " , )':(17 ~r:7 , ·~·~Il~ ~ I ~ I ùS _J Approved as to form and le.t2'ffiC¡enCy: . . L V (h¿A/7Æ~ ~lIen T. Chadwell Assistant County Attorney ~_________I~ðÇ_I_____________________________~131___ CD]) '. I I I _1- -- -- , ~ ---- 5TH AVE. N.W. ------ -- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT C[S) LEGAL DESCRIPTION A portion of the SC?uth 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of CoJller County, Florida, being more particularly described ae follows: Commencing at the Southeast corner of Tract 111; thence S.89·31 '28"W. along the South line of Tract 111, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89·31 '28"W. along sold line, a distance of 5.00 feet; thence N.OO·28'32"W., 0 distance of 150.00 feet to its intersection with the North line of the South 150 feet of Tract 111; thence N.89· 31 '28"E. along said North line, 0 distance of 5.00 feet; thence S.OO·28'32"E., a distance of 150.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. ~ DAVID J. ATT;, .S,M. (FOR THE FIRM) FLORIDA LlC. NO.' 5e34 3. -:-J-J -OJ -' (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL AAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTlFICÂTE OF AUTHORIZATION LB #43 PROJECT NO.1 65061 PARCD. NO. I 71 7 .,..11,,,,-- ,..,.... . ....... . ~ . an.,w. . ~AI"cIIIØ . ~ CGnIIIMIIt KfeoIJar, ~ .... . Fat.... . ..... . ...... . _ ._..... ·,.,..fIItit.... .".. .......,..,........ .. ........_ hp 18, 2003 - 11:24;48 MI.AMUREX:\SUR\NII015\8S1.d100.dwg 09/200:S --- :1685 I I I ~ ò a:: -- ,..... ;: d a:: ~ ò o .... - .- 10 0')' a:: u r r ~ ~ VJVJ ON ..... 10 0') ~ I ki LINE L128 L129 L130 L131 L132 LINE TABLE LENGTH 55.00 5.00 150.00 5.00 150.00 BEARING SB9'31'2B"W SB9'31 '2B"W NOO·2B'32"W N89' 31'28"E SOO'28'32"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. N I ~ o 25 110 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 717 OF' XXX FILE NO.: 2L -812 PROJECT: 65061 PARCEL: 117 FOLIO: 36666880007 1685 PURCHASE AGREEMENT THIS PURCHASE AGREE;MENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ~ ' 2005, by and between Virginia Martin, a single woman, whose mailing address is 12217 SW 132 Court, Miami, FL 33186, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $23,560.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make payment in the amount of $23,560.00 to Midwest Title, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of - such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and t!1at l:K;fefore CIOi.:;ing shall c·ccur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. 7. 8. Owner represents that the Property and all uses of the Property have been a16 B 5 presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of tho::> Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 2 1685 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: DATED: 'Ç- Ja - D S ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,t.OC BY: '1uJ-W. ~ Fred W. Coyle, Chairman , De utv Clqrk Attest IS to CI li~n s s1patwrt OR11. AS TO OWNER: ~d ~.~.~5 Witness (Signature) ûi-, .'::k,. L Virginia ~ .K.. b... ~ A.....r\U q:::: f4::tI ess ( Ign VG\vt ( (.1 ~ va fee Name (Print or Type) Approved as to form and legal sufficiency: /) / LkL V dJ-V/ZÁ-- Ellen T. Chadwell Assistant County Attorney r,..«,~~~CJ:~~11 £1. ~'\~..~~,~\ ;~.lz:~b\~th P(~ndq!:9 -.",.. ' .\\. - (n:'''"1 ,.,: J'¡-' '"i;) :::;", 't' :....::. ...tll 1"",I~n ,h..¡1'11~r)O.~.5 ....:A' ... .-.;: J'" . " ~".,v;/~'" ......~.:~Ô¡i,/)}~· ':';(Pìl~C': Nr¡1!, i'J' 20Ó7 '¡rfií\'" l~"-""J' T' , " , ,-.' ./\' ,": ~~..,... ,.r!n:.~~ C' O· ,>!.t:I.<i':: ,~,~¡;C!j¡;¡¡Ç;~t!'I,Jr;W. I U~~ ~ú/,) £ i 2 ~hefh PeAYiðt r Up ì N'S ~ N ov . \ÐI I .?Dol cornm-\f D'> t-L.'iOfS Purchase Agreement Page 3 --- ,...... ~ ò ~ 'b o ..- '-' ., 168 ~ ~ I 0 ti -- I I I I I I _1- ---- -- 5TH AVE. N.W. ------ .~ GOLDEN GATE ESTATES UNIT NO. 2 P.8. 4, PAGE 75 I I ..- 10 m LINE L61 L62 LINE TABLE LENGTH 55.00 55.00 ..- 10 m ci cJ ~I I ci cJ TRACT --------------~1-l:)-------- l-. I I ..... U1 o o o LEGAL DESCRIPTION A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75- 76, Collier County, Florida, being more particularly described as follows: BeginnIng at the Southeast corner of Tract 111; thence 5.89'31 '28"W. along the South line of Tract 111, a distance of 55.00 feet; thence N.OO·28'32"W., a distance of 150.00 feet to its intersection with the North line of the South 1/2 of Tract 111; thence N.89·31 '28"E. along said North line, a distance of 55.00 feet to its intersection with the Easterly line of Tract 111; thence S.00·28'32"E. along the East line of Tract 111, a distance of 150.00 feet to the POINT OF BEGINNING. Containing 8,250.00 square feet or 0.1894 acres, more or less. NOTES: 1. This Is not a survey. 2. Basis of bearing Is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements. reservºtions and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. B. O.R. represents OfficIo I Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. J5~ ¡J ~. DAVID. J. . HtfÄn. .. . (FOR THF.: FIR!·") FLORJDA µC. - NO. 5834 q'-{7~O ~, N . (DATE SIGNED) NOT VALID WITHOUT ¡HE SIGNATURE AND THE ORGINAL RAISED SËAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 PROJECT NO.1 65061 PARCEL NO. I 11 7 WiI..llleïO.- ,...... . ~ . EbcqIdI . an.,.n . ~ AntI1IIeIJ . 1hI1IICt'IItb¡ ~ w.o,/Akr¡ t1C ..... "".................. r... -""~...ø ./IIIII1III,.........."... ~."'......",.,............- i.p 11. 2003 - 13:211:27 MlNAURE!X:\SUR\NIS0111\1I51Id100.dwlI ~I ] . 1 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: NBO 1~-005-000 SHW NUMBER: 117 OF XXX F1l£ NO.. 2L -812 PROJECT: 65061 PARCEL: 124/724 FOLIO: 36666640001 1685 PURCHASE AGREEMENT THIS PURCHASE AGREj;MENT (hereinafter referred to as the "Agreement") is made and entered into this \'-'" day of 0 v....'\ . , 2005, by and between JOSE MEDINA, a married man, whose mailing address is 632 Washington Avenue, West Revere, MA 02151, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires that Owner convey to County a fee estate for road right-of-way purposes, and a temporary construction easement, both described in Exhibit "A" (hereinafter collectively referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser requires a Temporary Construction Easement to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's right-of-way; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as :f set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $95,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred tø as the "Closing"). Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make payment in the amount of $95,000.00 to American Government Services Corporation, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Prior to Closing, Owner sllall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of, such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remIe 9 B 5 release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the funds to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recQrded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or Purchase Agreement Page 2 contemporaneous written or oral agreements, undertakingS~ pQmee? warranties, or covenants not contained herein. ,~ J 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: ../ DATED: "S-" J~..;b5 ATTEST: '. DWIGHT'E. BROCK, èlèrk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 7uJ- w. ~ Fred W. Coyle, Chairman ,. DATED: (J51J'lc! /k/7c10 Witness (Signature) " ~. -- --- r 10 V rl AI-v I fJ·L.tV c.19 ¡?.lE Name (Print or Type) Approved as to form and legal sufficiency: ~~~~II~ Assistant County Attorney Purchase Agreement Page 3 GOLDEN GATE' ESTATES UNIT NO. 2 P.B. 4, PAGE 75 @D LEGAL DESCRIPTION A portion of the North· 1/2 of Tract 108, Golden Gate Estates Unit No.2, Plat Book 4, page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LEGAL DESCRIPTION Beginning at the Northeast corner of saId Tract 108; thence 5.00·2B'32"E. along the Eost line of said Tract 10B, a distance of 165.00 feet; thence S.B9·31'28"W. along the South line of the North 1 /2 of said Tract 1 OB, a distance of 55.00 feet; thence N.00·2B'32"W., a distance of 165.00 feet to its intersection with the north line of Trect 108; thence N.B9·31'28"E. along said North line, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. LINE L34 L35 if -/7 ~o J . ,,(DATE SIGNED) NOT VALID WITHOI,JT '·THE SIGNATURE AND THE ORGINAL RAISED 5éAL OF A FLORIDA liCENSED SURVEYOR AND MApPER. CERTIFICATE OF AUTHORIZATION LB 143 "ROJECI' NO.. 65061 PAlleD. NO. I 124 WI_.lle'···- 1'Imn. __. ~......... ~~. ~CcIIdØI WIirorIik; m -Mr&-..- ·....,:~,;..~~·=-.IIHt........ L35 NOTES: h_ I ~ ~ o ~ ,....... ~ o ~ '0 o .- '-'" -;J. ð .- 10 ()) .- 10 en ~ I u~ ~ o 1. This is not 0 survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 55.00 55.00 N o 211 COLLIER COUNTY D£PARTM£NT OF TRANSPORTATION, SKE:TCH de DESCRIPTION 09/2003 PROJECT NO.1 N6075-oo5-000 SHEET NUMBER: 724 OF XXX flU!: NO.: 2L 812 L168 1685 ,....., I I TRACT C@) PO l164 r,r ...... Q) Q) ~01 '-2Vu .. ~ I ;¡ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ,...... ~ o æ o o ~ o æ TRACT ____________________ --------------------------- L166 ~ ~ Z 4: () ..- LO en ..- LO en a; () ..- ~ TRACT Cl20 0:; I () -L' LEGAL DESCRIPTION A portion of the North 1/2 of Tract 1 DB Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L164 L165 U66 U67 L168 LINE TABLE LENGTH 55.00 1 65.00 5.00 165.00 5.00 BEARING SB9',31'28''W SOO'28'32"E S89',31 '28''W NOO'2B'32"w N89'31'2B"E Commencing at the Northeast corner of Tract 1 08; thence S.B9· 31'2B"W. along the North line of Tract 108, a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00·2B'32"E., a distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 10B; thence S.89·31'28"W. along said South line, a distance of 5.00 feet; thence N.00·28'32"W., a distance of 165.00 feet to Its Intersection with the North line of Tract 1 08; thence N.89·31 '28"E. olong said North line. a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. . .1.1. (FOR THE FIRM) 5ß34 .'. , q -;¿ 3"'0 3 " ", (DATE SIGNED) NOT VALID. WITHOVTfHE SIGNATURE AND THE ORGINAL RÁIStD; SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N I 25 00 100 GRAPHIC SCALE I 200 PROJECT NO.: 65061 PAIICÐ. NO. , 724 WI..llleï--- ,...,..---. ~..,...... ~~. ~~ . ØIQ ..... tic .... . IWI,.., ..... . ...... . TIIPI "1IIf~Ut. ....,......".. ........,..,...."".............._ '.p 22. 2003 - 11 :38:58 t.llAMURE])(:\SUR\K8011S\lJl5hd100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de D£SCRIPTlON 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 724 OF XXX FILE NO.: 2L-812 1· D II I'. ì. ... ."-~ . 4, . MEMORANDUM Date: March 17,2005 To: Robert Bosch Right -of- W ay Acquisition Specialist Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Agreement Project: Rattlesnake Hammock Road Enclosed please find one (1) copy of the document referenced above, Agenda Item #16B4, approved by the Board of County Commissioners on Tuesday, October 28, 2003. The original document is on file in the Minutes and Records Department. If you have any questions, please call me at 744-8411 Thank you. Enclosures (1) PROJECT: Rattlesnake Hammock Road PARCEL No: 725 FOLIO No: 62030900480 ] Ie :~ "VL TDRE AGREEMENT THIS TDRE AGR1tMENT hereinafter referred to as the "Agreement") is made and entered into on this 17 day of '- , 2005, by and between III T NAPLES, LLC, a Florida limited liability company (hereinafter referred to as "Owner"), whose mailing address is 1 Financial Plaza, Suite 2001, Fort Lauderdale, Florida 33394, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway, and desires to convey the TDRE to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TDRE requested by County. NOW, THEREFORE, in consideration 0 f these premises set forth above, the sum 0 f Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TDRE to County at no charge to the County. 3. Owner shall deliver the properly executed TDRE instrument to County within 30 days of the date of this Agreement. 4. County shall take all necessary steps to minimize any unreasonable interference to Owner or the tenants of Owner caused by County's use of the Easement Area with Owner's cooperation. County covenants and agrees to use the Easement Area in a manner so as to ensure minimum interference or interruptions to Owner's operations. County shall in no way use any of Owner's property outside the Easement Area except as contained in this agreement or as amended in writing by Owner. 5. The Easement shall be granted on a non-exclusive basis with full rights maintained by Owner, its tenants, guests and invitees. 6. County shall not deposit, store or place any materials, supplies, equipment or construction office facilities on the Easement Area, except when being used for driveway restoration work as contemplated by this Easement. County shall not deposit, store or place any materials, supplies, equipment 0 r construction 0 ffice facilities 0 n 0 wner's surrounding Property. County shall remove any material and debris inadvertently deposited in the Easement Area or Owner's surrounding property by County. County shall repair all damages caused by County resulting from its use of the Easement Area. p~peA n ' -. -., t*·"·v,: o 7. County shall and does hereby indemnify and hold harmless Owner and its principals against and from any a nd a III iabilities, liens, suits, 0 bligations, fines, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees by or on behalf of any person which may be imposed upon or incurred by or asserted against Owner by reason of County's use of the Easement Area or any part thereof, by County or its agents, subcontractors, servants, employees, licensees or invitees. This indemnification shall specifically extend to but shall not be limited to loss or damage arising out of environmental hazards created by County. The foregoing indemnity provisions shall survive the expiration of the T DRE. This indemnification provision shall not be construed a saw aiver 0 f sovereign immunity or any limitation of liability to which County may be entitled under Section 768.28, Florida Statutes. 8. If a party desires or is required to give notice unto the other, such notice shall be in writing and it shall be deemed given when it shall have been deposited in the United States certified mail, return receipt requested, or when transmitted via facsimile, with confirmation of transmittal, addressed to the party for whom it is intended as follows: For Owner: III T Naples, LLC c/o DBR Asset Management, Inc. 1 Financial Plaza, Suite 2001 Ft. Lauderdale, FL 33394 Telephone Number: (954) 523-2070 Fax Number: (954) '-fiJJ. ·U~;;I!~ Copy to: David G. Murray, Esquire Murray, Simmons & Ziegler, LLP 1401 E. Broward Blvd., Suite 200 Ft. Lauderdale, FL 33301 Telephone Number: (954) 467-2000 Fax Number: (954) 467-2307 For County: Transportation Engineering & Construction Management Attention: Right-of-Way Acquisition Section Manager 2885 South Horseshoe Drive Naples, Florida 34104 Telephone Number: (239) 774-8192 Fax Number: (239) 213-5885 Copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone Number: (239) 774-8400 Fax Number: (239) 774-0225 9. In the event the County should be in default with any of the terms and conditions as provided herein, Owner agrees to provide written notice to County and if said default is not cured within Fifteen (15) days (or other time period, if applicable, as provided for below) then Owner shall be entitled to have all remedies that they are entitled to under the law including the remedy for damages caused by the breach or default of this agreement by County. 10. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11. County shall pay for all costs of recording the TDRE instrument in the Public Records of Collier County, Florida. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal Page 3 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. .~; . in ~~ \~¡ ~J "t- 13. The TDRE shall commence upon its recording in the Public Records of Collier County, Florida. .... 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement may only be amended in writing by the parties hereto. 15. The enforceability of these provisions is based solely on the Owner's representation that it owns fee simple title to the property described as Parcel No. 725. In the event Owner does not, Owner waives all rights and rèmedies arising out of this agreement, including those which would otherwise survive the expiration or termination of the Easement. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: October 28, 2003 (Resolution No. 2003-371, Agenda Item No. 16B4). BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred W. Coyle, Chairman III T NAPLES, LLC, a Florida limited liability company WITNESSES: =-------- / /,/-~ ~Hness (Signature) Name:10V'1<"> ß Abr.1 (Print) BY:~ J~~ I I' , .~. &; }Jf~ 5 .l.w-Gh, (J (Name) ¡A~';(l(t ¡/bvl~' (Title) û Approved as to form and legal sufficiency: /((ÄV~~ Ellen T. Chadwell Assistant County Attorney . , .. [! " · , J '. :~, It.' " ~f v SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 725 PROPER TY OWÑER: lmLNAPLES -LIMITED l' ARTNERSHIP REFERENCE: QJl XXX~G. yyyy STRAP NO.: 506970 A 15815 TEMPORARY DRIVEWAY RESTORATION EASEMENT ;~~ N_ ~f¡ &jig ",,,, ~"'''' ~~~. ;~~~ lac aa . ~~ ~1, h , - ~ bb 1'11'1 ~~ ~üU p è5 11) Q) ~ W:::JQ ~dO :J}-til ~~~ Q ::;HIJ ~O~ <.O~ ~ r.o.c. P,0.8. R.O.W. I- V) lJ ({) C"f ~ ~ « 0::: ~OIP ~O)~ ~~Q ~~~ ~~~ c...(,jQ a-«4J i3jQa:: IO'~ !iJ!<)~ ~~-...:. :J a. a-, IJ)Q)..... ~I-I- Q5U ~Q~ !!: i}j ~~ 1I::8J «- QO( ê~ ~o ::¡\() "'- (f) ~ ~~ Qt/ ~ EXHIBIT .1\ Page. ...1,..( .~ôt 2 .;c ~."t.. ~ ~ '" ~ ¡ "" \oj ~ ~ ~ ~ \ !h V5 ~~ m ~- Qw ê~ -0 ~\() ::J"" If) Q. ~"( Q~ «t/ ~ ~ ~ :::> 8 o to Q :i: V) ~ 2 p ~ k~ t~ -«0 ~lLJ ~ S ", ~ I ~ ~ )1 . lOW I "~-- !1.6:1~___ NO:..... 75.00 "~-II I 0) I [j¡~ !XI I ~ I ~&& ~ I ~ I c...R: I ~ ~ T: t r::: I ~ C"f '1 I. ð I ~ I g I I a:: I I d I I Ii ~ l5w !! ~~ ð~ I ~"J I I':!D ~N I ~~ I ¡ :Ja 'I ~ a ~; t...~ . ai I ~:¡~ I ~§~ ( !8 ~ ~ -----.J-Z--<=::J SCALE: 1" = 80' r"T___!"f,tll,., - "~I" ~ ~ ~.':" r< I I I I I I I I I I I : I ~' I ~ I ~ I' ~ I II:: I::J ~ I gl~I"¡ I ~ 1&1 ~ I Q (.!)I~I lu I I- o 0 I ;e , '<1: I 'b I g:, I ~ -1L. I t'j I I ..l I I I G I I I ~. I I~ I I ~.,¡ ::Jc ¡;"' ~~ I I I I I I I 1.t.. I I- U I g I J7' I ; I I ~ I I -1 I :¡: ~I~I ~ I I /;j I I ~L-:------- ~ 0:: o 1B :J .& ~ r::: ~ I 01 ~I ~I I I >=' I ~ I ~ l- I"J ß I -1 ~ I Ii Q I '«0 I ~ 0:: I~ I ~ I~ I ~ I:·, ~ I .& 9 g o I . If... to ~ - -~~\I H > § ~-Ys¿_~_c _'~_~L\__ -~---rl+.§ß:!L__- "' -----;~;,-;L-t'sJ' "00' ß :::> a II:: j!: ~ a.... 0..... kjt3 ~l'j -« ~Q æo)' ~I'} ð a III I- :'i Q... :::> ~ I'} I- o -' .... '" ~~ -.I '1 ~~ 0-« ~Q... ~g 10 C"f ð a III a:: d l- V) L:j ({) C"f It..J l:) ~ « 0::: t :::> o V) o ll) Q ~ ~ e t'Ì f"I "1 ..... r::: ~ t'j a ::: :::> (.) a:: ~ jE i3 :::> a ~ ~::: o If) 9~ ~~ '« . 0::01 !}:"1 l¡J iñð a !XI I- :5 Q t'j I- a -.I t::: .t'j r::!- -'I/ «.~ 0'« ~Q... 5ô -«0 10 t'j ð a II1 I íJ : I [i I L__ J [--. ---- -- FOLIO NOo.&)~~ 21J 9\)CJl.\ 9;0 ~_. --~ = ~:JOINT 0[:- COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ~ d THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: < L.EGAL DESCRIPTION AND sKETCH SHEET 1 OF 2 DESCRIPTiON: PARCEL 725 CLIENT: COLLIER COUNTY TR DIVISION REVlSIO . : .....1\ ::::r-}.GNOLI ·····13 ::::: ARBEIt & ······13 ' ... .. ...... RUNOAGE,tllc. Professlrm!ll engineers, pl!lnners, & le.nd 8111'veY01'8 Collier County. Sullo 200, HOO Taml.",. Tr,II, II.rth, II.pl.., rL 8UOS (8411°17-8111 Lo. c..."t,., 8ullo 101. IB!O 11.0«..,. SIz..t. 'ort \It.... n. se~ol (041 881-atll CerUttnlit..e af AutbtnbaU)ft No.. LII I"". lUut IØ 2188. '..,1:: {OU an-120S 1/15/04 BY: GEORGE W. A KNEY, P.S.M. NO., 5606 SQALE: 1"::;; 50' DATE: OCT. 7. 200,1 DRÀWN BY.:, JÃN PROJECT NO.: . 8315 ACAO NO: 8672-SQil FILE NO: 8672 ""¡ ., 1 r¡ , t ,¡, ) 6 \y¡ ,,~.' "," "¡ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA LEGAL DESCRIPTION OF PARCEL 725 THE SOUTH 17.00 FEET OF TRACT "R" (30') OF NAPLES LAKES SHOPPING CENTER AS RECORDED IN PLAT BOOK 36 PAGES 98 THROUGH 99 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; I3EGINNING AT THE SOUTHWESTERLY-MOST CORNER OF SAID TRACT "R" OF THE AFORESAID PLAT SAID CORNER ALSO BEING ON THE NORTHERLY LINE OF RA TTLESNAKE HAMM08K ROAD AND SAID CORNER ALSO I3EING THE SOUTHEASTERL Y-MOST CORNER OF TRACT "E" OF SAID PLAT; THENCE NORTH 87'48'34' EAST ALONG THE SOUTHERLY LINE OF SAID TRACT "R" AND ALONG THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 80.00 FEET TO THE SOUTHEASTERLY-MOST CORNER OF SAID TRACT "R" AND THE POINT OF CUSP OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG Tf-IE ARC OF SAID C'UR'ÌlE AND ALONG AN EASTERLY LINE OF SAID TRACT "R" THROUGH A CENTRAL ANGLE OF 71'20'13" AN ARC DISTANCE OF 31.13 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 87'48'34" WEST A DISTANCE OF 32.63 FEET TO THE WESTERLY LINE OF SAID TRACT "R" AND THE EASTERLY LINE OF SAID TRACT "E" AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND WHOSE RADIUS BEARS NORTH 73'31'40" WEST A DISTANCE OF 25.00 FEET; THENCE SOUTHERLY SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71'20'13" AN ARC DISTANCE OF 31.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 771 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRiveWAY RESTORATION EASEMENT EXHIBrr It - P8ge~, 1. .-of_ 2- FOLIO NO. i¡£¿O J(/tj(!fJytf} ..... .... .... ..... ..... ..... , ...... ::==:= RUNIJAGE,IIIC, Profe!!lonÌ11 englneer'a, planners, &. land !urveyors CoW.. Couaty. Sullo 200, 7400 T_ml.ml Trail. lIorthl lIopl... lL 3U08 JI. UIBn-alll L.. C.....I" Sulle 101. lBIB tI.d..,. !u..t. r.rt J(¡.... Ft 83'01 'U an-a1l1 C.rUn..le ., AuthortuUoa II.., LI! aBU _84 18 8B!4 10: 041 B88-'.OB LEGAL DESCr~IPTION AND ,SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 725 CLIENT: COLLIER COUN'JY T~ SPORTATION DIVISION THIS LEGAl,. DESCRIPTION AND SKETCH PREPARED BY: 1/15/04 Y, P.S.M. NO.; 5606 DA TE: OCT. 7. 20.Q,1 PROJECT NO.: 8315 FILE NO: 8672 BY: SCALE: ,,"" 168' :~ MEMORANDUM Date: October 31, 2003 To: Kevin Hendricks, Right-of-Way Manager Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-372/Capital Improvement Element No.7, Project No. 65061 Please find enclosed one copy of the document as referenced above, (Agenda Item #16B5), as approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 1685 RESOLUTION NO. 2003- 372 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF A FEE SIMPLE INTEREST IN THE PROPOSED RIGHT -OF- WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD, (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO, 65061). WHEREAS, the Board of County Commissioners (Board), on November 19,2002, adopted Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, the six-lane section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project No, 65061) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by CH2MHill, Inc., along the project conidor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from two lanes to six lanes between Golden Gate Boulevard and Immokalee Road is necessary and is in the best interest of Collier County. 2, The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. ) .", ~ 168' . 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the -Page 2- 1685 parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at an amount authorized herein. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this J8~day o~ ~W , 2003, after motion, second and majority vote. ATTEST: .".~ " DWIGŒ Ê.~Bitùci: 'CLERK . '\ . . ~ , , " ..... ;"..;-, ~ (, By: TOM HENNING, CHAIRMAN bj: ,D.G. Approved as to form and ~UffiCienCY: ~ 'L~ ~ Ellen T. Chadwell Assistant County Attorney -Page 3- 11/06/2003 12:30 FAX 2396595771 TRANSP RTGHT/WAY !4J 002 168~"" EXHIBIT "A" COLLIER BOULEV ARD CORRIDOR MAP (FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD) IMMOKALEE ROAD VANDERBILT BEACH ROAD .. GO DEN GATE BLVD. GHT-OF-WAY ACQUISITION ORRIDOR WITHIN OLD BOUNDARY) ... COLLIER· BOULEVARD .... .. l \ NORTH (RI C B "'-"-~'"- 1685 PROJECT: 65061 PARCEL: 735 FOLIO: 00204760803 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, an independent special fire control district of the State of Florida, whose mailing address is 4741 Golden Gate Parkway, Naples, FL 34116, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser shall restore the surface of the easement area to its original condition, upon the completion of the grade-equalizing slope. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser (said transaction hereinafter referred to as the "Closing") to County at no cost to the County, unless otherwise stated herein. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Both Owner and County agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the County; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 1 16B5 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under Section 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay for all recording fees for the TCE, and for any and all costs and/or fees associated with securing and recording any Subordination(s) of any mortgage(s) recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. 9. Owner agrees to grant the TCE for the purpose of maneuvering equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall expire on September 30, 2008. In the event that the construction of the grade-equalizing slope has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. 11 . This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. IN WITNESS WI-!EREOF, the parties hereto have executed this Agreement on this 25 day of '~u.~ ' 2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 2 AS TO PURCHASER: DATED: , -~' ,,¡<;.t;..~.,."." .~.,::'. Y. ...,'~; Ii ··':(~f"::-'-·-·· ,';" ',' r __. .'!II"~"'t'.,;'....';., '~. ';, / 1ôt1-.......... . ";:~,,, ... ......-.. .. ,." AS TO OWNER: DATED: :f."þ 1.<, J.£, 20<>.\- WITNESSES: j, ~ ~''Ïf~ ik Witness (Signature) Ò Name: 'Oî~~\ (':(..~CÅ m~iÁ\~I')\oc",,\ (Print or Type) _J k~~~ Witness (Signature) Name: Su S~\ Mo înr (Print or Type) Approved as to form and legal sufficiency: ~~/A Heidi F. Ashton Assistant County Attorney 1685 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred W. Coyle, Chairman GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, an independent special fire control district of the State of Florida BY~ K ¡!~cf (Signature) Name: '9 úAJt}l 0 î2 ~Pe í-€('sov (Print or type) Title: hÌ!6 ê\\t6~ (Print Corporate Title) 3 ci . () LJ L 186 I I ---------------------------------------------L18j---¿~ I ~ \__LUi4.___~ \~ LINE TABLE LENGTH 100.09 334.81 65,06 5,00 334.79 5,00 334.79 -- L189 /' EXHIBIT A Pig. of j 0 \ ~ 0 c::: r r '0 -" -" CO lO 0 CO 0 ~ ~ ~ I.C1 m P.O.B. \ LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more particuolrly described as follows: LINE L184 L185 l186 L187 l188 L189 L 190 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89·51'33"W. along the South line of the Northeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02" 15'04"W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence N.B9·52'03"W., a distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.89·52'03"W. along said South line, a distance of 5.00 feet; thence N.02·15'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1 /4 of the Northeast 1/4 of said Section 34; thence 5.89'52' 43"E. along said North line, a distance of 5.00 feet; thence S.02·15'04"E.; a distance of 334.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. NOTES: I I I I hI I I Î I I I ~ q c::: \ \ ...J « z « () ~ I.C1 m I I LJ . c::: \ BEARING N89'51'33"W NOZ'15'04"W N89'52'03"W N89'5Z'03"W N02'15'04"W 589'52'43"E S02'15'04"E 1. This is not a survey. 2. Basis ot bearing is the West line of èounty Road 951 (C.R. 951) being 5 02'15'04" E, Florida State Plane Coordinates NAD 8~/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-ot-Way. 6. P.O,B. represents Point at Beginning. 7. P ,O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Butfer Easement. 10. U.E. represents Utility Easement. . . / R. ; '. (FOR THE FIRM) FlORIDÀ U: NO.·õ834 q ";l/ï'~O -3 .. , (DATE SIGNED) N I 25 50 100 GRAPHIC SCALE . NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. GERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. : 735 WI.Milleï···~~ ~. e--.. ~. ~. L.Itdape~. ~CaIIIA'InIif wr.orø.; k1c ,., . F«t/tn . ..... ·ltårIbI· r.,. -1IIIí1L-.Mø ·,...FåtilMHIlT·I'//IJIII......",·,... 1.1HfHlII. WtHIt........._ Sep 23, 2003 - 18:05:02 MlAMUREIX:\SUR\N8015\951 ed1 OO.dwg ¡ 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKITCH & DESCRIPTION 09/2003 PROJECT NO" N60 15-005-000 SHEET NUMBER, 735 OF XXX flLE NO.' 2L-812 PROJECT: 65061 PARCEL: 113 FOLIO: 36667000006 1685 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of tv" !-\v{. C h , 2005, by and between NESTOR RODRIQUEZ, a single man, and MAYRA FUENTES, a single woman, whose mailing address is 13945 Collier Boulevard, Naples, Florida 34119-1535, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $173,930.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida St~tutes. Owner hereby authorizes Purchaser to make payment in the amount of $173,930.00 to American Government Services Corporation, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. AlP- \1\\/ @; Purchase Agreement 11. 5. Owner is aware and understands that the "offer" to purchase repre16 a 5 this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, 'and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered' pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general puiJiic, il is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. µe vk Page 2 @ 12. 1685 This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this I 1 day of lv, ~i~ ( l \ , 2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: DATED: () -~I 1'7/0 ç: ATTEST; , DWIGHT E.\ BROCK: Clerk , " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~W.~ BY: Fred W. Coyle, Chairman ' . <þ¡"WfldkÛ-~W-~df), ð' ': . Attest' ~Ji'd. f4~~an' s :.' ·'.ig1lt"". øRb. " . - AS TÖQWNER;.\. .' , \.' ... O~ 17/0S "0':-~ ,'. / 1=- / . Nestor Rodriquez Wi ess (Signature) ~) H f. CI,r2. C ", v'etZ /.i Name (Print or Type) (? (-::~_. ---.-..--------.- Witness (Signature) . . f¡qJ?/4 ;/ç;t)?/ clJ(> 2. Name (Print oIType) ~4L. Witness (Signature) ~/t: Mayra Fuéntes +1ECID"'- (. Name (Print or Type) ('l1 J (' 12(.\ _.u Oë.:~::::;-~ ;r Wttness (Signature) . ,h9-RJ/) 0~1 é/)(J 2 Name (Print or Type) Approved as to form and legal sufficiency: ~V~ Ellen T. Chadwell Assistant County Attorney Ilem# ~ Agenda I () ...2fJ -0"3 Dale - Date 3 -Z3-0 5 ¡~~,~ Purchase Agreement Page 3 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 -------------__I~6Ç_I______________________~ CITD ~ 0: G.i~G.i N N ~ ~ :Ë fTI ;;;~;;; U1 U1 o 0 o LINE L53 L54 LINE TABLE LENGTH 55.00 55.00 BEARING 589'31'2B"W N89' J 1'28" LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75 and 76. CoWer County. Florida, being more particularly described as follows: BegInning at the Southeast corner of Tract 113; thence 5.89' 31 '28"W. along the South line of Tract 113, a distance of 55.00 feet; thence N.00·2S'32"W., a distance ot 165.00 teet to it's intersection with the North line of the South 1/2 of Tract 113¡ thence N,8S·31'28"E. along said North line, a distance of 55.00 teet to its intersection with the Eaaterly line of Tract 113; thence 5.00·28'32"E. along the East line of Tract 113, a distance of 165.00 teet to the POINT OF BEGINNING. Containing 9.075.00 square feet or 0.2083 acres, more or less DAVID. J. H .IT, P.S.M. ";(FOR THE FIRM) FLORIDA LI '.. 'NO. 5834 q .- ¡,t~o "' " " (DATE SIGNED) . . . " .. NOT VAlID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 l1tOJmI' NO.1 65061 lAllcn NO. , 11.3 WI_Mlllø;···- I'IirøIn ..--. . ~ . ~ . ÚIWiII:Ipe~ . ~ CtmIanII ~,tJC ... . fw/'6wJ . .... . ..... . r.,. -..,~... ·...,IriU....". ......."'.......... ........_ 09/20O.J sop 111, 2003 - 13.10132 Mw.4UREIX¡\SUR\NII0111\lIlIhd100.dwlI f)f)~ ~ 0 ......... Ii I ~ q -:J. æ z lS 0 0 ~ ~ L[) '-" en """7 L[) ~ I en u Ii ~ cJ L NOTES: 1. This Is not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 63/90, East Zone. 3. Subject to oasemonts. reaervations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. . 5. ROW represents Right-ot-WaY. . 6. "P.O.B. represents Point at Beginning. 7. P.O.C. represents Paint of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de: DESCRIPTION PROJECT NO.1 N6015-005-000 /' ~,^y SHEET NUI.I9ER: l1J OF XXX ., 200 FIlE NO.1 2L -812 16B5 PROJECT: 65061 PARCEL: 713 FOLIO: 36667000006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT. {hereinafter referred to as the "Agreement") is made and entered into on this -LL day of (\.\ f\~.....c.l'\ , 2005, by and between NESTOR RODRIQUEZ, a single man, and MA YRA FUENTES, a single woman, whose mailing address is 13945 Collier Boulevard, Naples, Florida 34119-1535, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $2,800.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make. payment in the amount of $2,800.00 to American Government Services Corporation, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. Jjt ~P g Temporary Construction Easement Agreement 1685 Page 2 4. Owner is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under paragraph 5. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall expire on September 30, 2008. In the event that the construction of the grade-equalizing slope has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and 3haíl inure to iile ben&fit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 11. Conveyance of the TCE, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there ve- ,.., Mr @ Temporary Construction Easement Agreement 1685 Page 3 .' are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. IN WITNESS WHEREOF, the parties hereto have execut~d this Temporary Construction Easement Agreement on this \ 1 day of fv\ f-\A L\, ,2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u1- w. ~ Fred W. Coyle, Chairman DA TED: WITN~E:S ES: " . v:../.¡'~ . . (P~~ (Signa ure) -\1 E éTÒ,'t.. (. Q I v <J~ B (Printe9;Name) ~~±_-_. . ::-~ "(Signature) 11<;;/4 >14/.>6/' ~)()¿ (Printed Name) Nestor \ ------..., ~ ------- ~¿/-../ (Signature) '5nff; Mayra Fue~tes ---- -. Ignature) .. .'- Me;/} YÇ:j/)fl e/{J2 (Printed Name) Approved as to form and I~S:ffiCienCY: 1~~~ LZ~ \.00" Ellen T. Chadwell Assistant County Attorney Item # l~ ß5 ~~:da 10 -28 -D 3 TRACT (ED GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT -------_____l-111___ ·----------ë:[1~----------------- r r ...... ...... .... ...... 0 /'V TRACT CITV LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No.2, Pages 75-76, of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Southeast corner of Tract 113; thence S.89'31'28"W. along the South line of Tract 113, a distance of 55.00 feet to the POINT OF BEGINNING; thonco continue S.B9·31'2B"W. along said line, a distance of 5.00 feeti thence N.00·~8'.32''W., a dIstance of 165.00 feet to Its Intersection with the North line of the South 1 /2 of Tract 11.3; thence N.B9·31 '28"E. along said North line, a distance of 5.00 feet; thence S.OO·2B'.32"E., a distance of 165.00 teet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less LINE L10B L109 L110 L111 L112 LINE TABLE LENGTH 55.00 5.00 165.00 5.00 165.00 NOTES: 5 o ~ q a::: J I I .~ ò n:: ~. tS a o .... 'O".,J ..- 10 m n:: , u .... 10 m ~ o L-- I l-J I I ,. This Is not 0 survey. 2, Basis of bearing Is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida state Plane Coordinates NAD 8.3/90, East Zona. J. Subjact to easements, reservations and restrIctions or record. 4. Easements shown horeonare per plat, unlofls otherwise noted. 5. ROW repres~!,!~~ Right-at-Way. 8. P.O.B. represents Pornt of Beginning. 7. P.O.C. represents Point of Commencemant. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. " . "JDATE SIGNED) NOT VAUD W¡¡;~QJJ:r.~THE SIGNATURE AND THE ORGINAL RAISE)'- SËAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 N PAo,¡m NO.1 65061 PAIICD. NO. I 71:J WI/llnMllløi··- ,..........'........,... ~~. ~c.r.r..tn --. ""~'~'1'IIp .....,'-... '....IbMt,....... ___.,." ...",. ..... ......... i.p 11, 2003 - 13/27107 ,fLA!.lURE!)(;\SUR\NII0111\8ðhd100.dWII COLLIER COUNTY DEPARTMENT OF TRANSPORTATJON . SKETCH &: D£SCRJPTJON 09/200", SHEET NUIIBER: Fill NO.1 7", OF XXX 2L-812 ".'~-'.""~."""-'-'--'-"'~""---~~"""'" j 200 MEMORANDUM Date: April 6, 2005 To: Margaret J. Kreynus Transportation From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Temporary Construction Easement Agreement And Purchase Agreement Enclosed is a copy of the above referenced document (Agenda Item #16B5), which was approved by the Board of County Commissioners on Tuesday, October 28, 2003. If you have any questions, please contact me at 732-2646 ext. 7240. Thank you, Enclosure 1685 PROJECT: 65061 PARCEL: 123/723 FOLIO: 36666660007 1685 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this .pI r-t day of I'v1 A--(Lc....'1 ' 2005, by and between ROY S. lOCASCIO AND DEBRA M. lOCASCIO husband and wife, whose mailing address is 14125 Collier Boulevard, Naples, Florida 34119-1537, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires that Owner convey to County a fee estate for road right-of-way purposes, and a temporary construction easement, both described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser requires a Temporary Construction Easement to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's right-of-way; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $120,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and f~xtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make payment in the amount of $120,000.00 to American Government Services Corporation, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting 1685 Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the funds to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is. registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement Page 2 1685 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ?C¡'1J/ day of _-1/l\\.tüj , 2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 AS TO PURCHASER: DATED: ,~J~f,~i~... .... .' '" ". ~, ATTEST:, _ ; .. ....::. . .. I t _".~ .. DW I G HT E, ~'-B f19'CKyÇlërk-, C" : '\.,'. '~,;;; f~~' ..: "~' , _. " :::-../ G, ~"-, ~..'. " I' : '.'," (JC '.' .' .~' ~ - I At~i ~ft~Ý't~~l~n . s s1gaatwrt (01). AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ff,. Fred W. Coyle, Chairman. DATED: ~'~ ::> :,.....--..r~ . ~.- , ---- Roy S. Locascio Witness (Signature) ~ilt ~lÁ'rlttv\'1ili'l~ Name (Print or Type) ß,~~~ ~f2lkl- itness (Sign ture) S\.{~ J. í. ~,~O.... d1I Name (Print or Type) X Witness (Signature) ~CL . é/ C~>D- Debra M. Locascio ( Name (Print or Type) /2~~~f {f,v.CA~ Witness (Sig ture) Su )a~ To E~~5~ Name (Print or Type) Approved as to form and legal sufficiency: LlLV cLLu~~ ......... Ellen T. Chadwell Assistant County Attorney Purchase Agreement Page 3 I "....... ~ o £i o o ..- --- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ..- L.(') m TRACT _ ___________________~ --------------(fQ65--- - a; I () I L LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit NO.2, Plot Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly desdcribed as follows: Beginning at the Southeast corner of Troct 108; Thence S.B9·31'28"W. along the South line of said Tract 1 DB, a distance of 55.00 feet; Thence N.00·28'32''W., 0 distance of 165.00 feet to its intersection with the North line of the South 1 /2 of said Tract 108; Thence N.B9·31'2B"E. along said North line. a distance of 55.00 feet to it's intersection with the Easterly line of Tract 1 08; Thence S.00·28'.32"E. along the East line of said Tract 1 08, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 9.075.00 square feet or 0.208.3 acres, more or less. NOTES: I, 3:: ~ e::: .-J « Z « () ..- L.(') m £i () 1. This is not 0 survey. 2. Basis of bearing Is the West line of County Road 951 (C,R. 951) being N 00'28'.32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L36 L.37 L38 LINE TABLE LENGTH 55.00 55.00 165.00 BEARING N89'31 '28"E S89'31'28"W NOO'28'32"W EXHrBIT A- Pa~ I 9 -Ii ...:() J (DATE SIGNED) NOT VALID WITHOÙT tHE SIGNATURE AND THE ORGfNAL RAISED sE'AL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl. NO. : 123 WlI..llleï···W- I'IInnwt . -..-. . ~ . an.,w. . ~AnNIcft . ~ c::a..tn WIIonWer, tic .... . ""..., . Inå . ...... . __ 1IIIII....,~...ø ·,....ArttI~ '1I/tøI8H4l-ofWJ.". Þ1H4HlII..",.. ........_ .::.rf ,-2 - 1M 1 211 liD 100 GRAPHIC SCALE , ! 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/200.1 PROJECT NO.: N6015-005-000 SHEET NUMBER: 12.1 OF XXX FILE NO,: 2L-812 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ,,-.... ~ o 0::: "0 o .- ........, 1-0-8-§- I, I ~ q 0::: ...J « z « u TRACT @D TRACT __________1-162 ----------c:f§~-----------------~ARC~ ~ 723 .- 10 m .- 10 m ci u r r ..... ..... m m -, 0J a::: u ~~ ~I I .0 C. L159 L160 TRACT CEQ) P.O.B. LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being. more particularly described as follows: LINE L159 L160 L161 L162 L163 LINE TABLE LENGTH 55.00 5.00 1 65.00 5.00 165.00 BEARING S8S'31'28"W S8S'31'28"W NOO'28'32"W N8S'31'28"E 500'28'32"( NOTES: 1. This is not a survey. Commencing at the Southeast corner of Tract 1 OB; thence S.BS· 31'28''W. along the South line of Tract 1 08, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.BS·31'28"W. along said line, a distance of 5.00 feet; thence N,OO·28'32"W., a distance of 165.00 feet to its intersection with the North line of the South 1 /2 of Tract 1 08; thence N.8S·31 '28"E. along said North Hne, 0 distance of 5.00 feet; thence S.00·28'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825,00 square feet or 0.0189 acres, more or less. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. ' . EXHIBIT A Page d- of ~ 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. "/-;¡3:-o, (DATE SIGNED) , NOT VALID Wrr..Hquf THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N J 25 liD 100 GRAPHIC SCALE 200 PIUlJECT NO.1 65061 PARCEl NO. 1 723 WI_MIIIB¡···~- 1'IImn. e--. . ~. an.,.n. ~ArdIIIIøIt. ~~ ~tJc ,.. . "",...... . ..,.. . ..... .n.,. . -_.M. ''''''IØf/f1t.,... .......,." ..."".IIfIHIr........_ Sep 22, 2003 - 11:38:158 MlAMUREIX:\SUR\N80115\91511d100.dw9 COLLIER COUNTY DEPARTMENT OF TRANSPORTA nON SKrrCH ck DESCRIPTION 09/200:1 PROJECT NO.: N6015-005-000 SHEET NUMBER: 72:1 OF XXX FIlE NO.: 2L -812 PROJECT: #65061 Collier Boulevard (Golden Gate Blvd. to Immokalee) PARCEL No(s): #142/742 FOLIO No(s): 00203520002 16 85 PURCHASE AGREEMENT THIS PURCHASE AGRE¡MENT (he~fter referred to as the "Agreement") is made and entered into this I day of .Lf.... ,2005, by and between CHRIST COMMUNITY lUTHERAN SCHOOL, INC., a Florida non-profit corporation, whose mailing address is 14785 Collier Boulevard, Naples, Florida 34119-9592 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" and a Temporary Construction Easement in the land described in Exhibit "B" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2, Owner shall convey the Property to Purchaser for the sum of: $143,539.74 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"), Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs· as provided for in Chapter 73, Florida Statutes, Owner héreby authorizes Purchaser to make payment in the amount of $143,539.74 to Gulf View Title, LLC, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property, 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida, Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending..receipt of such instruments, properly executed, which either remove or releaså any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property, At Closing, Purchaser shall deliver the Purchase Agreement 16 8~e2 funds to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 6, Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purçhaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property, This provision shall survive Closing and is not deemed satisfied by conveyance of title, 7, Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8, Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2,· In accordance with the provisions of Section 201,01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 9, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10, If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16 'a5 Purchase Agreement Page 3 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. y*--Il!/JTNES=-mEREOF, the parties .!Jereto have executed this Agreement on this ð ~- day of '~ , 200~. Property acquisition approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16 (B) (5), Dated 10/28/03, Condemnation Resolution No. 2004-182, Agenda Item No.1 0 (F), dated 5/25/04. AS TO PURCHASER: DATED: L/- Jf; 06 ATTEST: DWIGHTltaRoCK, Clerk /' '".<~';~'S:;~:~,:: :~.' . ~:":'.:: ' ~..., "l' . 0,( . I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uJ-W. ~ Fred W. Coyle, Chairman '. '. \, . ", , . DATED: . 0. ~""It"- v1-º-r:~ ~~stg~~ W~I1-~J Name (Print or Type) Christ Community Lutheran School, Inc., a Florida non-profit corporation ~1£.r_I&U; Nancy ""wis, President . ~ J 14785 Collier Boulevard Naples, Florida 34119-9592 AS TO OWNER: :5'~tvt. S.. L,' 1 ÎLE:" Name (Print or Type) Approved as to form and legal sufficiency: 1u. ey WA/T-A ./Éllen T. Chadwell Assistant County Attorney II·· I ------ - I II 17 \I II a I- '~ 0 II u I ~ <::( Tract "A" II ~ I ~ CAMDEN COVE \ PLAT BOOK 39, PAGES \ U 24-25 I ...... .E. LO 0) .U.E. \I ~ (/) U W C-' II ~~ · 0 - °UQ)1l) II · I'1N ....Z~I oWo'" eo ON r I I-~co S89"55'27"E UI-: ~ ~ 60.0~ Il.. L1~.;- NORTH LINE OF SECTION 34. TOWNSHIP 48 S, RANGE 26 E RICHARD R. YUREWITCH O.R. BOOK 1533. PAGE 182 - 0 0 ...... SOUTH LINE OF THE NORTH 1/2 --. OF THE NORTH 1/2 OF THE ...... NORTHEAST 1/4 OF THE LO NORTHEAST 1/4- 0) N89'S4'S8"W . 60.0S' ~ U ........" I ...... I RUBEN A. & ROSA kI. LO HERNANDEZ 0) O.R. BOOK 1191, ~ PAGES 1706-1707 0 ~ I ~ I I I I 0 I u REVISED 10-13-03- REVISED DESCRIPTION PROJECT NO.: 65061 PARCEL NO. I 142 Wi_Mllle¡~··- ~ '-..-. ....... ....,.. '........An:MIÅI . ~ ~ Mlcxl&lllr; tic .... ' ,.,.... ..... ' ..... . n.- -....,1.-. MtIl1J '"IIrUrMlH!lJ1 '1fIcnt .....' '" 1.1HOII/I, .. ........_ s.p 2:5, 200J - 1:5:0J:oe l,u.AMUREtX:\SUR\N001:5\e:n.d100.dwg ~ N ~I~ 2':10 100 200 GRAPHIC SCALE B5 EXHIBIT JL Page I tJf , NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point: of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P .U.E. represents Public Utility Ease~ent. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East. Collier County, Florida and also being a portion of those Jands described In O.R. Book 1533, Page 182 of the Official Records of Collier County. Florida: being more particularly described as follows: BEGINNING at the Southeast corner of Tract "D", Camden Cove as recorded in Plat Book 39. Pages 24-25 of the Public Records of Collier County, Florida and clso being a point on the North line of Section 34, Township 48 South. Range 26 East: thence South 02'15'04" East, along the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet, to a point on the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89'54'58" West, along the South line of the North 1/2 of the North 1/2 of the Northe'ast' 1/4 of the Northeast 1/4. for a distance of 60.05 feet: thence North 02'15'04" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951). for a distance of 334.79 feet: thencÖSÓ'Uth. 89'55'27" East, along the South line .of said Camden Cove, Tract "D", for a disM:irice of. '60.05 feet to the POINT OF BEGINNING. 7' - Containing 20,087.70 more or less. feet or 0.4612 o'cres, CUM: . ANDREW B. BECK, P;$.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065,. /¥~j; ~ (DATE SIGNED)' NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLL/~R COUN7Y D~PARTM~NT OF' TRANSPORTATION 11TL£: SKE:TCH &: D£SCRIPTION þ,J,T[: 07/200:1 PROJECT NO.: N6015-005-000 SHEET NUUSER: FlL£ NO.: 42 OF XXX 2L-812 I I II 10 13/03 REVISED DESCRIPTION 65061 PARCEL NO. : 742 WI_Mllle¡~··- ,...... -- . ~ ,~ '........ArdaI.cfI ' ~C'aIM'aIIIt MlcxAalr, m AiIIIIII· "".... ' ... . ....." '- -....,~..... '''''I'Iri*,..., '1'IIn ......."'.....",'............._ Sep 25, 2003 - 15:03:09 MLAMURElX:\SUR\N0015\9518d100.dwg '?\ - 1 O~ B':l -I POB \I II Î I II 1\ 1\ -11 TI II \I \I -1J ~ ~ . ~Il... P u ~n!3 .....Z~I ow~... eOON I-ðg ~ Il.. a I- U <::( g: Tract "A" CAMDEN COVE PLAT BOOK' 39. PAGES 24-25 20' BE. 10' P. .E. NORTH LINE OF SECTION 34, TOWNSHIP 48 $, RANGE 26 E S89'55'27"E 5.00' z (/) a 0 ~ ~ ..... ..... t1!.01 a 0 ~: ~: =e r'1 RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 PARCEL 742 v.. v.. ;ÞO --..¡ to N89'54'5S"W 5.00' SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191, PAGES 1706-1707 I REVISED PROJECT NO.. EXISTING WEST ROW LINE ~ 1:= o ~ A o o ...... --. ...... LO 0) ~ U ........" ...... LO 0) ~ o ~ I ~ þ o u 17 1:= o ~ ~ U ...... L{) 0) ~ U ffi ~;:t; ~z ~§ ~~ o z CUEtn'. TITI.f: D,J,T£: 07 /200~ 8S HIBIT ~ \ øf ß \ . NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Uttlity Eas~ment. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being a portion of those lands described in O.R. Book 1533. Page 182 of the Official Records of Collier County. Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Troct "A". Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 89'55'30" East, along the South Une of said Camden Cove, for a distance of 5.00 feet; thence South 02'15'04" East, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951). for a distance of 334.79 feet, to it's intersection with the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 'of the Northeast 1/4; thence No.rth 89'54'58" West along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a distance of 5.00 feet; thence North 02'15'04" West, for a distance of 334.79 to the POINT< OF BEGINNING. . ..,\ .,"\1 . \1 . Containing 1,672.70 square fe~t or 0,.0384 acr$s" more or less. ",. ' ~~ ANDREW B. BECK, P.$.M. (FOR THE F.iRM) FLORIDA LlC. NO. 6065, /qi J';; 1- (DATE' SIGNED)" " NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIfICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4c DESCRIPTION TEMPORARY CONSTRUCT70N EASEMENT PROJECT NO.1 N6015-005-0oo SHEET NUMBER: 42 OF' XXX F1LE NO.: 2L....,812 -:CL\"\erì to ~'E'C '3 b - t 5 - 0 ~ '.;i''1¡¡,.,;" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1'·;;'. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '::(~!fL~~3~_~Co?g~~?~~~~~~~~2~~~,~~~o~~::,~~;"~t.6gI15 ' documents I!re.!oþe forwarded to the, Board .office only after the Board has taken action on the item.) '.'i ,!.~~t~~;~';:'~~;&4:;+~:.~~~,+~,..,~'" ROUTING SLIP ë~~ieië í=o~~~ li~~ #Í through1!4 ~ ~Piopria~ 'for additional signatures. dates, and/or infonnation needed. If the document is already complete with the exc' tiori of the Chairman's si ature. draw a line throu h routin lines #1 throu #4, co lete the checklist. and forward to Sue Filson (line #5). Initials Date 4J rm.:cf\J.. hç ì f!.J(·tlfJ. Agenda Item Number 36 .J J ~ \,.. Number of Original T CI1Í \ Documents Attached -:'·i~tf\~k: ' .,," .i':';;,' INSTRUCTIONS & CHECKLIST Initial the Yes column or mark uNI A" in the Not Applicable colUIDIl. whichever is "a "'tô TiaîC;;';o;y· ," Original document has been signed/initialed for legal sufficiency. (All documents to be "sign~\)y the Cha~'With iliê'exceptÍon of most letters, must be reviewed and signed bX .tbe'.bffice of the CoutÌty Att()rneY. This includes signature pages from ordinances, rêsóîritiC;n'S~et&šignêd hythe Cbl1nfy Aftoriley's Office and signature pages from ~on!racts, agreements, etc., thathavebe~n fully executed by all parties except the BCC 'cbãiã\ìari and cleÏldò ttíêBoarêfáiîcf .. ossibl State Officials. ~!t"Nl.~,~',1jV(!Ítt~,n s1Ij.k9.:~ugh.~':t~çv~ions ha~e been initialed by the County Attorney's ..);,1 Offièè and all other ames exc t the BCC Chamnan and the Clerk to the Board !ThèChairman's signature line date has been entered as the date ofBCC approval of the '~'-.,-."-~.~,,,._. ''':'''', ," ," '-., .::..".,-'. ,h~'~,...t·,..~_,;·_-· . doêùniémt òr the fmal tie otiated contract date whichever is a licable. "Sign here" tabs are placed on th~ áppropriate pages indicating where the Chairman's si 'ttJre' and initials are re uired.;:'4~;;j¡~.;.'(:t:~; Inmost cases (some contracts are an exception), the original document and this routing slip shòt,ùd b.éprovided to Sue F,iÏsoftin the BCC office within 24 hours ofBCC approval. Some documents are tÏri1e sensitive and require forwarding to Tallahassee within a certain tiÌ11e frârñe or the BCC's actions 'are nullified. Be aware of our deadlines! The document was appr,ov~d by the BCC on (enter date) and all changes made during the meeting hâve been incorporated in the attached document. The Coun" Attorne's Office has réviewed the chan es, if a licable. Yes (Initial qA 1685 ·..·1 This Instrument prepared by: Florida Power & (.ighl Company 1'. 0. I~()\ lll() Sara~ula, 1·lì·+230- J II () SUBORDINATION OF UTILITY INTI<:RESTS AND AGIUŒMENT FOR REIlVIBIJRSEMENT FOR ADDITIONAL FACILITY RELOCA nONS THfS AGREEMENT, entered into this )£~ay of_5!lftt-, 2005, by and between COI.I.IER COUNTY, SlATE OF FI.OI~I)A, hen:lI1aJìer called the "County", and FI.ORIDA POWER & LIGHT COMPANY, a Flonda Corporation, whose mailing address IS P. O. Box ·:WOo, JUIlO Beach, Florida :B"H)S, hereinaner called "I hility". WIT N ESE T II: WHEREAS, the Iltllity presently has an interest in certaIn lands that have been detcrl11lned necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed 111 such lands by I ¡tility to the ('mlllty: amI WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict bet\.veen the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utilitys interest in the cel1ain lands, is wi lIing to pay lix any future relocation of the Utility's factlities from or within the entire width of the public righI-of-way shown on kxhlbll "A", attached hereto and made a part hereoC NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County a!,'Tee as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof: to the interest of the County, or its successors, for the purpose of constructing, Improving, maintaining and operating a road over, through, upon, and/or aeross such Lands, based on the following: NATURE OF ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF RECORDED BOOK-PAGE Easement _:_2~~_~ 10~..J _~~O/~~J 5/8/98 Pebblebrooke Lakes Limited Partnership, a Florida LP, by: Saundry Associates, Inc. a Florida Corporation, as General Partner _.~ -_._-----,--~....__._._--- 2/27/02 Brittany Bay Partners. Ltd. a Florida limited peòrtnership, by CED Capital Holdings 2000 Y, L.L.C., a Florida limited liability company, its .J1ene~aIJ~~~!Q~~___ 7/16/79 Fred R. Harvey Raymond Sobel, Jr. Rafael Liy Florida Power and Light I _<__________ººæQ~Q'i______________.1 Florida Power and Light I _____________çQ!nQ.~Q'i___________.. ... Florida Power and Light Company OR Book 2942 i I .. pªg~_gª1 ?__J OR Book 3064 I ._p~g~Jºº?_..1 Plat Book 30 I Page 4 - 12 Easement Plat Book Dedication of a Non-Exclusive Utility Easement ----------"- --------_..__._..__.~"._-_._-"....~-,..._._,-_.. . ···_._·.·_·..".....".m_.._____.._~._.__ Easement Florida Power and Light Company OR Book 2993 Page 0081 ,,---,--_._'.,,~._--_....._..~.. Easement Florida Power and Light . <_______çºæQ~I"!y. .. OR Book 829 Pélg~ 844 1685 .. 'j!!,l '~~, , Easement 11/16/94 Carl M. and Dana Nagel Florida Power and Light OR Book 2002 Company Page 1729 Easement 10/4/94 Carl M. and Dana Nagel Florida Power and Light OR Book 1991 Company Page 0131 Easement 7/1/04 Ermil E. Stohler as President Florida Power and Light OR Book 3598 of the Christ Community Company Page 2837 Lutheran School Plat Book 11/22/02 Brittany Bay Partners, Ltd, a All Public or Private Utilities Plat Book 39 Dedication of a Florida limited partnership, Page 24 Non-Exclusive by CEO Capital Holdings Public Utility 2000 Y, L.L.C., a Florida Easement limited liability company, its general partner Plat Book 6/14/00 Kenco Development, Inc" a Florida Power and Light Plat Book 34 Dedication Florida Corporation Company Page 76 Plat Book 8/30/00 Kenco Development, Inc" a Florida Power and Light Plat Book 35 Dedication of a Florida Corporation Company Page 8 Utility Easement Plat Book 9/24/99 Pebblebrooke Lakes Limited Florida Power and Light Plat Book 33 Dedication of a Partnership, a Florida Company Page '16 Non-Exclusive Lirnited Partnership by Utility Easement Saundry Associates, Inc. a Florida Corporation, as General Partner Plat Book 12/13/99 Pebblebrooke Lakes Limited Florida Power and Light Plat Book 33 Dedication of a Partnership, a Florida Company Page 57 Non-Exclusive Limited Partnership by Utility Easement Saundry Associates, Inc. a Florida Corporation, as General Partner Plat Book 12/10/03 Developer, Waterways Joint General Plat Book Public Plat Book 40 Dedication of a Venture IV, a Florida Utility Dedication Page 80 - 84 Non-Exclusive Partnership. Public Utility Easement The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit" A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit" A", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnity the County against any loss or damage resulting trom the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 1685 IN WITNESS WIIEREOF, the partIes hereto have executed this Agreement on the day and year first above written. ATTI'ST: I )\\'1< d IT I':. HR()( 'K, ('krk BOARD OF COUNTY COMrvlISSIONERS ('()I LILR COt INTY, FLORIDA '~) ..' .'.... n I ~ Y :___~__~.:.._~~~__l '~~~__~_ :~:2\ :'~( Fred W. Coyle, Chairman ÓO:.&Z¿dâ.Ld.. :~h. _ .I/-¿ ..t£:. 7" . I kputy C';~rk ,q: t...~ 1 ...M<-,;, ~-",,; I i!....~I, ;¡. ~ í ~;;;hh~ i.."", i !' " IN WITN1~SS WIIEREOF, the partl(:s hereto have executí:d this Agreement on the day and year tïr::.t above written, SIgned. scaled and delIvered \11 lhe pre~oL'I1L'L' of: FLORIDA POWER & UŒIT COMPANY , I i. (, J I " "') By: ----J~:i.--~~~/"-K. ?:.Ltl¿:/ ~-rt70-. ./.~ . :.J ... ......1 Prl11t Name:. cl·t.,·} t.-!JI.:~.:...- . -.----------------.-/-------------- By: ,\ 1· 1(, \ \ r ¡ _~ __.,,~ ~ I. ! ~_d. _ ______ Tltlé: '. COIvorate I{eillE,stak l\lanager Print Name: David G. Douglass I I By: _-'-:~.i. I, ' .1 , '.,' ',. Print Name: _~!o:1n~M _R(ld~.~~~l (Corp. Seal) STATE OF FLORIDA, COUNTY OF PALM BEACH I hereby certifY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared David G. Douglass to me lmown and personally Imown to me to be the person described herein, and did not take an oath and who executed the foregoing instrument as its Corporate Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such otììcial in the name and on behalf or said Corporation. WITNESS my hand and official seal in the County and State aforesaid thisl'!Yday of / II, i. , 2005. Notary Signature: )\ \ ,~; i ( ., i I .'} )) )" 'ì I Notary Public State of Florida My Commission Expires: 'Ii .,,'·.,..5,~ \¡\i *,~~]* \t~~'·· '~~111 MY COMMISSION #-DO 03blG I EXPIRES: October 2,\, 2005 Bonded ThlU Budgcl !·~ü!a\y S~rw:¡Js Printed Name: .-------- --.- --- Approved as to fonn and 1~~1 sufficiency: -[JI¿,- Vê¡L~~ Ellen T. Chadwell Assistant County Attorney :J EXHIBIT A PageL of ~73 TRACT @]) \~B5 r L4~ I . - I I I 3: 0 0 0:: I 3: -1 / q « I 0:: Z « 0 z 0 o/(f) I I o 0 0 ..- , q ..- Lf) "'--" I Q) N N co~ co ..- I u u Lf) 0:: N~ N Q) 0 ~/rri a::: ~ I 0 0J U LJ I (J1 (.J1 0 0 0 0 I I 0 0 . / / GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LINE L40 L41 LINE TABLE LENGTH 10.00 10.00 BEARING N89'31'28"E S89'31 '28"W LEGAL DESCRIPTION The East 1 0.00 feet of Tract 120 Golden Gate Estates Unit No.2, Plat Book 4. Page 75-76, of the Public Records of Collier County, Florida. being more particularly described as follows: Beginning at the Southeast corner of Tract 120; thence S.S9'31'28"W. along the South line of Tract 120, a distance of 1 0.00 feet; thence N.00'2S'32"W., a distance of 350.00 feet to its intersection with the North line of Tract 120; thence N.89'31'28"E. along said North line, a distance of 1 0.00 feet to the Northeast corner of Tract 120; thence S.00'28'32"E. along the East line of Tract 120, a distance of 350.00 feet to the POINT OF BEGINNING. Containing 3,500.00 square feet or 0.0803 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. ' 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B,E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. .M. (FOR THE FIRM) 5ª,~4 .'1.... / 7 -.0 ~ :- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 '43 PRO,JECT NO~ 65061 'ARCEL NO. I 102 Wil.Mllle¡~·- I'IIMn ' ..-. ' ~ . ~ ' ~AtdIIMI . 7I'wIIpcr/dIn CiandItt* ~~ ,.,., . ,., Atwr ' ...... ' ..... ' TIIII -Mru.I*..., '.....ArtiI~."., .....,.,.,., JJH4HII'.............._ FEe SIMPlE INTEREST N I 25 110 100 GRAPHIC SCALE COLL/éR COUNTY DéPARTMéNT OF' TRANSPORTATION SKETCH & DéSCmpT/ON 09/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER: 102 or XXX FILE NO.: 2L-812 ( EXHIBIT L Page..2-of~3 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 76 ì z (f) 8 0 0 . , N N TRACT ex> CX> u. VI @Ð N N ~ u í'1 U tN (Jl (Jl 0 0 0 0 o. 0 ." v ~ B ~ ì' I . II I 3: 0 ---:- ti I 3: :ëi 0 I ~ ð 0 I 0 ..- ..- LO .......... Q) .- .~ I L{) m . u ¿ ~ I ù L' I I I I LINE L75 L76 L77 LINE TABLE LENGTH 5,00 5,00 10,00 L75 L77 P.O.S I . BEARING 589'3 '28"W N8~2.8"E 589'31' 8" NOTES: 1. This Is not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordin.atss NAD 83/90, East Zone. LEGAL DESCRIPTION A portion of Tract 120 Golden Gate Estates Unjt No.2, Plat book 4. Pages 75 & 76, of thQ Public Records of Collier County, Florida, beIng more' particularly described 08 follows: Commencing at the Southeast corner of Tract 120; thence S.89·31'28'W. along the South Uno of Tract 120, 0 distance of 10.00 feet to the POINT OF BEGINNING; thence S.89"31'28"W. along sold South line, a dlstonce of 5.00 feeti thence N.00·28'32"W., 0 distonce of 350.00 feet to its intersection with the North line of Tract 120; thence N.89·31 '28"E. along sold North line, a distance of 5.00 feet; thence S.00"28'32"E., a distance of 350.00 feet to the POINT OF BEGINNING. ContainIng 1 ,7150.00 square feet or 0.0402 acres, more or leu. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point ot CommèrlCement. 6. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents UtJllty Eosement. TafIORARV CONSTRUCTION EASEMENT (DURATION: 3 VEARS FROM COMMENCEMENT OF CONSTRUCTION) DAVID J.' . ATT, . .M. (FOR THE FlRM) F'LORID~ LJC... NO. 5834 OJ -( 7 ·0 '1 '. (DATE SIGNED) .., NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL . RAISED SEAL OF A FLORIDA LICENSED SURVEYOR' AND MAPPER. CERTIFICATE OF' AUTHORIZATION La #43 ,.ftOJ!CT NO.1 65081 I'AIICII. NO. I 702 WII_nMII18¡~'- ,...,..,. , ---- ' ....... ' ~ . ~AtriNMlI " ~ CaIIIIIII* ~, hca. ...' "",... , ..,.. . ...... r... -............... ,MF/lllIi!d*MIfØ·..... ........,........""................._ Sep 111, 2003 - 11;37:37 I.tI.AMURE!XI\SUR\N80115\1I151.d100.dwlI N ?I~ 21 10 '00 GRAPHIC SCALE ~ 200 COLLIf'R COUNTY Df'PARTMf'NT OF TRANSPORTATION SKf'TCH 4e Df'SCRIPTION 011/200J SHI[, NUt.lllfRJ "'l[ NO., 702 Of XXX 2L-812 EXHIBIT A Page 3 of 73 ~O.OO 1 _60'00J ---- -- 15T AVE. N.W. r .þ. .þ. --- ----- ---1 GOLDEN GATE ESTATES UNIT NO. 2 P.G. 4, PAGE 75 TRACT @) <.N <.N <.N o s:' ......:%0 . 0 o . +>- . r LINE L42 L43 L44 LINE TABLE LENGTH 35.00 10.00 30.00 BEARING N89'31 '28"E S89'3,'28"W NOO'28'32"W LEGAL DESCRIPTION A portion of the East 1 /2 of Tract 1 , 9 Golden Gate Estates Unit No.2, Plat Book 4, Page 75- 76. of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: r~_~'- ~ ~6B~ I ~ I q a::: ,...., ~ q 0::: ·0 o .- ......... ;i Z <{ () .- I!) . 01 .- I!) 01 a;; () a:: () L, I ~ I 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. Beginning at the Southeast corner of Tract 119; thence S.89'31'28"W. alon.g the South line of Tract 119, a distance of 10.00 feet; thence N.05'14'27"w'., a distance of 301.04 feet to its intersection with the South line of the 60.00 foot right-of-way easement of 1 ST AVE. N.W.; thence N.00'28'32"W., a distance of 30.00 feet to its intersection with the North line of Tract 119; thence N.89"31'28"E. along said North line, a distance of 35.00 feet to the Northeast corner of Tract 119; thence S.00"28'32"E. along the East line of Tract 1 19, a distance of 330.00 feet to the POINT OF BEGINNING. Containing 7,801.44 square feet or 0.179 acres, more or less. 4. Easements shown hereon are. per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPlE INTEREST DAVID J'; HY. FLORIDA Llþ~. NO. ~~:S4 q ~J 7 --f!) ,3 ,..: '. : (DÃTE SIGNED) " ' \ ! '( NOT VAt:IQ . WIJHOl.9'>' THE SIGNATURE AND THE ORGINAL R'A1SEt) S~L OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 Pfllo.IECT NO.. 6S061 P,"CEL NO. I 103 WII.Mllle¡~·- ,.,.".., , ...... " .... ' ....... ' ........ ~ ' 'Ii'InIpcñIan c:an.Id ~ I'Jc. ... ' "".... ' ...... ' ..... " T... aÞ7_~Utø .-./trija...",... ......,,.,,.&IHOØ............_ N I r U 150 100 GRAPHIC SCALE . I 200 COLL/éR COUNTY DéPARTMéNT OF TRANSPORTATION SKE:TCH 4e DéSCRIPTlON 09/2003 PROJECT NO.: N60 75-oo!J-OOO SHEET NUMBER, 703 OF XXX FILE NO.: 2L 812 r,.--__ 'I ~.. . - - L80 --. ~ q 0:: '0 o ..- '-' ~6Bp I ~ I q 0:: -;i Z .c( Ü EXHIBIT It Page '1 of 73_ _ _ 30.00'1 1 ST AVE. N.W. 60.00) ---- --- - --:-OLDEN GATE ESTATES 1 UNIT NO. 2 P.B. 4. PAGE 75 ...... LO 0> z (j) o 0 ()'1 U1 , -" -" ..;.. ..;.. ~ ~ N N -.... -.... : :¡õl ~ ..- L{') 0> Ii c3 ~ ~ ü TRACT cI® ~I I VJ VJ o ~ ...... . o ~ ..;..~ LINE L78 L79 LBO LINE TABLE LENGTH 10.00 5.02 5.02 BEARING 589' 31 '28"W 589'31 '28"W N89'31'28"E LEGAL DESCRIPTION A portion of Tract 119 Golden Gate Estatas Unit No.2, Plat Book 4. Page 75-76, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 119; thence S,89'31'28''W. along the South line of Tract 1 19, a distance of 10.00 feet to the POINT OF B~GINNING; thence S.89'31'28"W. along said South line. a distance of 5,02 teet; thence N.05·14'27"W,. a distance of 301.04 feet to its intersection with the South line of the 60.00 foot right-ot-way easement of 15T AVE. N.W.; thence N.89'31 '28"E. along said South line, a distance of 5.02 feet; thence S.05'14'27"E., a distance of 301.04 feet to the POINT OF BEGINNING. Containing '.506.00 square feet or 0.0346 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West . line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Butfer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT JOURATlON: 3 VIARS FROM COM INCEMENT 0' CONSTRtJC11ON) .. ...., ..M. (FOR THE FIRM) FLÖRlpA;µI . NO'~. 5ä34 . , ..... ft: ":'17:. t)'3 .;r¡:¡ (DATE SIGNED) f'" '¡ ï' ,'\ . \ t:. j"( Ndr'VALlD WlrH'OI.lT THE SIGNATURE AND THE ORGINAL¡ AA15,e:p S'EAL OF A FLORIDA LICENSED SURVEYOR r ÅN'O MAPPER. CERTIFICATE OF' AUTHO,RIZATION L8 1/43 I'IIO./tCT NO.1 6~061 "AltCG. NO. I 703 WII.Milleï~·- rIiInnn· ____. ~. ~'LIIIåcIIpe~' ~~ KtIonI.trer; be I ,.. 'Itri~ ' ..... " ......" J'IIII -Mt'u....ø '..-AriIIMHIV·.... ......,.,."'................._ )ep 18, 2003 - 15:11:47 I.lLAMURElX:\SUR\N8015\G/511c1100.clwg N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:rCH 4c DESCRIPTION 09/200J PRo.JECT NO.1 N601ð-0fM-OOO SHEET NU~ SER, 703 . OF XXX fiLE NO.: 2L-812 . .,.,..~.....- --- -- ~.OJ 30.001 16B5\ nl ~ I 4! z « u EXHIBIT ,A Page_5 of 7.'i. GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 o o ..- 0...../ ..- If) Q) TRACT C@ ..- If) Q) I a:: u I L a:: () l-. 1 ST. AVE N.W. --- -----1-- LINE L45 L46 LINE TABLE LENGTH 47.66 27.74 BEARING N89'31 '28"E S89'31'28"W NOTES: LEGAL DESCRIPTION A portion of Tract 118 Golden Gate Estates Unit No.2. Plat Book 4, Page 75-76. of the Public Records of Collier County, Florida, beín.g more particularly described as follows: BegInning at' the Southeast corner of Tract 118; thence 5.89'31 'Z8"W. along the South line of Tract 1 1 8, a distance of 27.74 feet; thence N.03'SS'48"W., a distance of 330.60 feet to its intersection with the North line of Tract 118; thence N.89'31'28"E. along soid North line, a distance of 47.66 feet to the Northeast corner of Tract 118; thence S.00'28'32"E. along the East line of Tract 118, a distance of 330.00 feet to the POINT OF BEGINNING. Containing 12,440.93 square feet or 0.2856 acres, more or less. 1. This is not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 95J) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DAVID J. H :IT,'.. .M;. (FOR THE FIRM) FLORIDA LI;,. . ~O. ~83.~ q ~ / ~ - ~ < . .:.. :. (DATE SIGNED) NOT VALID WITHOUT') 'THE SIGNATURE AND THE ORGINAL-·~tSED\5EAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB {;43 PROJECT NO.1 65061 PARCEL NO. I 105 Wil.Mille¡~··- I'amn ,~ "~ ,..".,.. ,~Nr/rItM:j , ~CIaIIdInII WIIon4.4hr, ~ ,... , I'IrtAtwJ " ..... " 1hIIIIbI' r... __~..,ø ',,'btUØ_"fIIn .......'Fu.....,,............_ FEE SIMPlE INTEREST N r-. o 2ð 110 100 GRAPHIC SCALE . I 200 COLL/£R COUNTY D£PARTM£NT OF' TRANSPORTATION SKETCH & DESC~PTlON 09/200J PROJECT NO.: N6075-005-0oo SHEET NUIoIBER: 705 OF XXX FILE NO,: 2L 812 . ..........-- ....... '"':- ~ q e::: ~o o or- ......... 1685: ~I ~ o ci .....I ~ Z ~ Ü --1:)(fiïË3lir~)\-------------- Þage.Lof /3 . ---------------------- or- LC') 0> GOLDEN GATE ESTATES or- LC') UNIT NO. 2 z (j) 0> 0 0 P.B. 4, PAGE 75 ~ ~ e::: Ul Ul Ü U1_ Ul_ L-, TRACT ~ ~ CX) CX) i. 1$ CD]) fTl I VJ VI 0 0 0 0 Ul Ul U1_ . Ul_ 60000'1 30.00' ---- -- L81 --- 1 ST. AVE. N.W. ~ ü ~ -- ---T-T LINE L81 L82 L83 LINE TABLE LENGTH 5.01 5.01 47.66 BEARING S89'31'28"W N89·31'28"E S89'31'28"W NOTES: LEGAL DESCRIPTION A portion of Tract 118 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more 'particula~ly described as follows; Commencing at the Northeast corner of Tract 118; thence S.89'31'28"W. along the North line of Tract 118, a distance of 47.66 feet to the POINT OF BEGINNING; thence S.03'55'48"E., a distance of 300.55 feet to its intersection with the North line of the 60.00 foot right-of-way easement of 1 5T AVE. N,W.; thence S.89'31'28"W. along said North line, a distance of 5.01 feet; thence N.03'55' 48"W., a distance of 300.55 feet to its intersection with the North line of Tract 118; thence N.S9'31'2S"E. along said North line, a distance of 5.01 feet to the POINT OF BEGINNING. Containing 1 ,503.02 square feet or 0.0345 acres, more or less 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted, 5. ROW represents Right-of-Way. 6, P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM... COMMENCEMENT OF CONSTRUCTION) DAVlQr-: J.c,HY.· , P. . ~(.f'bR THE' FIRM) FLORIBA~'~IC . ,ø,. 5¡~ 4:\ Pf -Z1r~ ð'" ~", .;;5 (DATE SIGNED) :(, ,~~ v ~~' NOT VALID W~t-IOV¥' THE SIGNATURE AND THE ORGINAL RAISED SEAL OF" A FLORIDA LICENSED SURVEYOR AND MAPPER...: CERTIF"ICATE OF" AUTHORIZATION LB #43 PftOJECT NO.1 65061 PARCEL NO. : 705 WII.Mllleï~·- 1'iIImIrw-.._.. ~ -~-~~ _ nw~~ ~,m ... " ,., , .... - ...... ,... -...,"""... '-"1btiI ,,.. .......',.., JIHOØ"... -' r_ Sep 18, 2003 - Ui:11:47 t.ll.AI.(URE!X:\SUR\N801!5\1I!51.d100.dwlI N . I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE1'CH de DESCRIPTION 09/200~ PftOJECT NO.1 N6075-005-000 SHEET NUMBER: 705 OF XXX FILE NO.: 2L 812 XHIBIT PaQ& 7 of 73.. GOLDEN GATE ESTATES UNIT NO. 2 P,B. 4, PAGE 75 ~ ""'" i 16Bp n, c¡¿ I -..J ~ 4: (.) '"":' ~ q a::: o o TRACT ~--------------------------- -------------~ CURVE C7 DELTA 0'49'16" LEGAL DESCRIPTION A portion of the South 165 feet of Tract 117 Golden Gate Estates Unit NO,2, Plot Book 4 Page, Page 75 and 76, of the Public Records of Collier County, Florido. being more particularly described as follows: Beginning at the Southeast corner of Tract 117; thence S.89·31'28"W., along the South line of tract 117 a 'distance of 33.63 feet; thence N.03'55' 48''W., o distance of 68.89 feet to a point of curve to the right having 0 r,adius of 6,726.00 feet and a central angle of 00'49'16" and being subtended by a chord which bears N.03·31' 1 O"W. 96.37 feet; thence northerly along the arc a distance of 96.38 feet; to its intersection with the North line of the South 165 feet of Tract 117; thence N.89' 31 '28"E., along said North line a distance of 42.90 feet to its intersection with the Easterly line of said Tract 117; thence 5.00"28'32"E., along the East line of said Tract 117a distance of 165.00 feet to the POINT OF BEGINNING. Containing 6,349.39 square feet or 0.1458 acres, more or less. LINE L31 L32 L33 q -;;:3 -0 J .,. (DATE SIGNED) '. .~- 1. ~ NOT VALID WITHOU.r- THE; SIGNATURE AND THE ORGINAL' ftA)$B:D SEAL OF A FLORIDA LICENSED SURVEYO~ AtìlD MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ..- L(') 0') , I I ..- ....... ..- L(') 0') a::: (.) a::: (.) L- l-. CHORD 96..37 CHORD BEARING N0.3·.31'10"W NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents. Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L,B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 42.90 33.63 68.89 FEE SIMPlE INTEREST N REVISED 09/22/03 I'ROJECT NO.: 65061 PAItCG. NO. I 106 WiI.Mllleï~·- I"IIrmn '..... ....... . ~. ~~ . ~0anaIInIII ~tIc ,.., . "",.., , .... ' ....." ,.. -_........ '....ArtiI.MIHIa1',... .....,,,.,......................._ Sep 22, 2003 - 14:05:4; IdLAMURElX:\SUR\N501:5\;:51ad100.dwg COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKF:TCH 4e DESCRIPTION 09/200:1 PROJECT NO.: N601~-0~-OOO FILE NO.: 2L-812 SHEET NUllBER: 106 OF XXX GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ,....... 3: q a:: ~o o ...- ......., 116B~ :/1 I . 3: q a:: TRACT CD]) HlelT Page_8 of 73 - h...- I ~ <: () TRACT ------------ë21-~---------------------------~ 0 (X)tD L 8 ...- .{') (j) ...- .{') (j) 0::: () z If) o 0 CJ.I Vi (j) , (j) (J'\ (X) (J'\ (X) (J'\ .(J'\. ~ (J'\ - (X).f>- tD~~ tD~ CP= ..¿ (T1 a:: Ü ~ TRACT C[Ð L89 S89' 31'28"W 33.63' CURVE RADIUS C8 67.30,47 C9 6725.47 LEGAL DESCRIPTION A portion of the South , 65 feet of Tract 1'7 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract , 17; thence S.89'31 '28"W. along the South line of said Tract 117, a dístonce of 33.63 feet to the POINT OF BEGINNING; thence continue S.89'31'28"W. along said South line, a distance of 5,01 feM; thence N.03'55'48"W., a distance of 68.59 feet to a point· of curve to the right having a radius of 6,730.47 feet and a central angle of 00'49'23" and being subtended by a chord which bears N.03·3' '06"W. 96.67 feet; thence northerly along the arc a distance of 96.67 feet to its intersection with the North line of the South 165 feet of Tract 1'7; thence N.89'3' '28"E. along said North line, a distance of 5.01 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.86'S3'28"E.. a radlal"distance of 6,725.47 feet; thence southerly along the arc, through a central angle of 00'49" 6" and a chord which bears S.03'31'10"E. 96.37 feet, q .distànce of 96.37; thence 5.03'55' 48"E., a distance of "58.89 to the POINT OF BEGINNING. Cant 27.14 "3Quar feèt or 0.0' 90 acres, more or les 'i; " DELTA 0'49'23" 0'49" 6" CURVE TABLE LENGTH TANGENT 96.67 48.34 96.37 48.18 CHORD 96.67 96.37 CHORD BEARING N03'31'06"W S03'3,'10"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. . 1&FORARV CONITRUCT1ON EASI!MENT (DURATION: 3 VIARS FROM COMMINCIMINT OF CONaTRUCTlON) AN REw B. BECK, P.5:i.4. FLORIOA LlC. NO.· 606§" . IØØ? ., ~'!. (DATE SIGNED) NOT VALID WITHOlT THE' SIGNATURE AND THE . ORGINAL RAISEQ.;$EAL OF A FLORIDA LICENSED SURVEYOR AND' MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 LINE La8 La9 LINE TABLE LENGTH BEARING 5.01 5.01 N REVISED 10-13-03 - REVISED DESCRIPTION REVISED 09 24 03 ,."o.¡ECT NO.1 65061 I'AltCI1. NO. I 706 WII"'lle¡~··~- I'MIn ,___ ,~ ....... "........ÑIIIIICIII " ~~ KfIon&Ar, tic /iI¡:III' ,."..... " ..... " ...... ' .... -_u.... ,...""*MIH/!Þt '.........,.",.., IIHOØ"..... -' T V'-J S'P 25, 2003 - 15:03:0; IoILAMURElX:\SUR\NII015\;151.d100.dwg COLL/~R COUNTY D~PARTM~NT OF' TRANSPORTATION SKETCH de D~SCRIPTlON 09/20ro PROJ£CT' NO.: N6075-005-000 SHEET NUMBtft: 706 OF XXX F1LE NO.: 2L 812 eXHIBIT A Pêge-Î-ot 7~-4. ~...,. fU I --:- ~ q e::: ·0 o ~ --- [685: ~I ~ q e::: <t ~ u TRACT _________________________ (jJ])-------- --------------- 116 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 DELTA 1"24'23" LEGAL DESCRIPTION A portion of the North 1/2 Tract 117 Golden Gate Estates Unit No.2, Plat Book 4 Page, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northeast corner of said Tract 117; thence S.00'2B'32"E. along the East line of said Tract 117, a. distance of 165.00 feet; thence S.89'31 '28"W. along t~e Sout~ line of the North 1/2 of said Tract 117, a distance, of 42.90 feet to the point of curve of 0 non tangent curve to the right, of which the radius point lies N.86'53'28"E., 0 radial distance of 6,726.00 feet; thence northerly along the arc, through a central angle of 01'24'23" and being subtended by a chord which beors N.02"24'21"W. 165.09 feet, a distance of 1 65.1 0 feet to its intersection with the North line of said Tract 117; thence N.89'31'2B"E. along the North line of said Tract 117, a distance of 48.46 feet to the POINT OF BEGINNING. Containing 7,592.96 square feet or 0.1743 acres, more or less. ~ Lt) O'J ,... Lt) O'J a:: u L--I I e::: u ~ O'J ()1 o o CHORD 165.09 CHORD BEARING 502;24'21"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N,.00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning, 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L29 L30 LINE TABLE LENGTH 48.46 42.90 DAVID J. 'H'(' ',:. ;'::<FOR THE FIRM) FLORIDA ~LlC... hI.o.. 58..! 4 -:: ~. '"J ('} . ,.,... f' 0/>-'- )1'7;7'~.Y,": :."'(DATE SIGNED) .' ,'....;....,. ;-.... ': \ NOT VALlD'""WITHPUT¡ "THE SIGNATURE AND THE ORGINAL RAIsED" SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB ;;43 FEE SIMPlE INTEREST I'IIOoIECT NO.1 6'061 I'AIICEL NO. : 107 WiI.Mllle¡~··- ,...,..,. , ..... " ...... ' .....,.. , ........AnMIaIJ . ~1IIIrI ~ Wkrilltr, tx\ ... . ,."..... ...... " .... '. -...,LIIII..... '...../'IItåMHIV '1IIn .......,.., -.,..........._ S'P n, 2003 - 08:31:50 I.lLAMURE\X:\SUR\NG01ð\851 ad1 oo.dwg 09/200:S N . I 200 COLLf£R cc.UNTY D£PARTM£NT OF TRANSPORTATION SKETCH & D£SCRfPTlON PIIOÆCT NO.1 N6015-~-OOO SHaT NUt./IIlR: 707 OF' XXX FILE NO.: 2L -812 I _ _1 I h..-" I I . .........-.- . ....- ~nu. TRACT CD]) HIBtT Page I~ of ?3. S89'31 '2~11'6 B 5 48.46 I I I ,........ n ~ q .J I ~ a::: « '0 I () 0 ~ ~ 10 ......, m (') (') ... ... ... 0 TRACT _ __-'____________________ --------------- - L91 ------- ~ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 .. ~ 10 m TRACT CD]) a:; I () L1 CURVE C10 C11 CURVE TABLE DELTA LENGTH TANGENT 1'24' 3" 165.10 82.55 l' 4'20" 165.10 82.55 NOTES: CHORD 1 65.09 165.09 RADIUS 6725.47 6730.47 LEGAL DESCRIPTION A portion of the North 1 65 feet of Tract 117 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: ¿ u CHORD BEARING SO '24'20"E NO ·24'15"W 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. Commencing at the Northeast comer of Tract 117; thence S.89"31'28"W. along the North line of Tract 117, a distance of 48.46 feet to the POINT OF BEGINNING: said point also being the beginning of a cLtrve to the left, of which the radius point lies N.B~'17'52"~;, a radial distance of 6,725.47 feet; thence southerly along the arc, through a central angle of '01'24'23" and being subtended by a chord which bears S.02"24'20"E 165.09 feet, a distance of 165.10 feet to its Intersection with the South line of the North 165 feet of Tract 117: thence S.B9'31 '28"W. along said South line, a distance of 5.01 feet to the point of curve of a non tangent curve to the right, of which the radius point lies N.86"53'35"E., a radial distance of 6,730.47 feet; thence northerly along the arc, through a central angle of 01'24'20" and being subtended by a chord which bears N02'24'15"W 165.09 feet, a distance of 165.10 fnt to its intersection with the North line of Tract 117; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF' BEGINNING. Containing 826.39 square feet or 0.0190 acres, mo~ or I.... ~' . . DAVID~. :A.TT;·,.S.M~·, (FOR THE FIRM) FLORIDA .Þ ) NO.·.5~34-~ '1 ~ä:.'t""~J.' :.~. ~<DATE SIGNED) " ..... _". "1 ~ I . . . NQT^ VAJ.,IÓ WITHOUT' Tttl SIGNATURE AND THE ORGINAt. -RAISED SEAL' OF' A FLORIDA UCENSED SURVEYOR AND," MAþ?ER. CERTIFICATE OF' AuTHORIZATION LB 1/43 P'I\O.IECT NO.1. 6~061 I'MCI1. NO. I 707 WI"illeï~··- ,.......... '...... '...... ,~...... . h....... CIInNIII* KtiIGni_ m .Mr.-. ...=~,.;. ~~.=... lINt......· -_ S.p 24, 2003 - 14:17:015 t,II.AMUREþ(:\SUR\N8015\8511d100.dwg 4. Easements shown hereon are per plat, unless. otherwise noted. 5. 6. ,7. 8. 9. 10. ROW represent. Right-of-Way., P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Eas~ment. U.E. represents Utility Easement. N , REVISED 9/24/03 25 100 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION LINE L90 L91 LINE TABLE LENGTH 5.00 5.01 1&FORAR\' CONSTRUCTION I!AIIMI!NT (CURÅ~ON:3V1ARaFROM OOMMINCIMINT Oft CON81'RUC'1'ltlG I 200 SKETCH 4& DESCRIPTION 09/2003 I"RO.IICT NO.1 NBOI5-00$-OOO SHID HU.,8EIt: 707 OF XXX I'lL!: NO.: 2L-812 ~II of 73 , LINE TABLE LENGTH 50.00 48.46 21.04 Tract ~t~ ----------------------- --------------~ LINE L25 L26 L28 GOLDEN GATE ESTATES UNIT NO. 2 P .B. 4, PAGE 75 . r'W bd I ....... . -- ~Ch B 5: ~I I ~ q ~ .......... == ó ci '0 o ..... - ~ ..... LO 0')' ..... It) 0') ci C,) L--I I a:: Ü ~ -------------------------------------------------- CURVE C5 CHORD 143.97 LEGAL DESCRIPTION A portion of the South 1/2 of Tract 11 6 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: BEGINNING at the Southeast corner of tract 116; Thence South 89';51'28" West along the South line of Tract 116 a distance of 48.~6 feet; Thence 143.97 feet along the arc of a non-tangential circular curve concave east having a radius of 6,725.47 feet through a central angle of 01'13'35" and being subtended by a chord which bears North 01'05'21" West 143.97 feet; Thence North 00'28'32" West a distance of 21.04 feet to its intersection with the North line of the South 1/2 of Tract 116; Thence North 89'31'28" East, along said North line o distance of 50.00 feet: Thence South 00'28'32" East, along the East line of Tract 116, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 0.1877 acre. or 8,175.26 square feet, more or less. CHORD BEARING N01·05' 1'W NOTES: 1. This I. not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPLE INTEREST (DATE SIGNED) NOT VAUD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 I'ftO.IECT NO.1 65061 I"Mœ. NO. I 108 WI_Milleï~'- ............. '........ . .".,.. '~An:MIÅI '1hn¡I.ñIan ~ Kflørrtar.r. In ... . ""'... '..... . ........... .....,'-.... '...,..... ,,... ......',..,...... "'1IIIIt] "_ ¡'p 22, 2003 - 11:38:58 Nw.tUREIX:\SUR\N8015\85hd100.dwg 09/200~ N I ~r 21 10 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH 41 DESCRIPTION I"ftO.I£CT NO.1 N601$-00$-OOO SKŒr NUMIØII 108 OF XXX ru: NO.: 2L 812 -"~I .....,. I Page...-/2 ot23 ~_ ' I"RACT I I GI01 GOLDEN GATE ESTATES UNIT NO. 2 P.B, 4, F)AGE 75 TRACT -----------~~-~- ------------------------ c.o to 0J()l .. (") (") -> -> N"0J TRACT Ci2V L92 CURVE C12 C13 CURVE TABLE LENGTH TAt--JGENT 143.97 71.99 143.97 71.99 CHORD 143.97 143,97 CHORD BEARING N01"05'19"W 501·0' 1" RADIUS 6730,47 6725.47 DELTA 1· 3'32" 1'13'35" LEGAL DESCRIPTION A portion of the South 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 116; thence S.89·31'28"W. along the South line of Tract 116, a distance of 48.46 feet to the POINT OF BEGINNING; thence continue S.89·31'2B"W. along said line, a distance of 5.00 feet to the point of curve of a non tangent curve to the right of which the radius point lies N.BB·47'55"£., a radial distance of 6,730.47 feet; t'hence northerly along the arc, through a central' angle Of 01·13'32" and being subtended by a chord which bears N.01·0S'19"W. 143.97 feet, a distance of 143.97 feet; thence N.OO·28'32"W., a distance of 21.04 feet to its intersection with the North line of the South 1/2 of Tract 116; thence N.B9·31 '28"E. along said North line, a distance of 5.00 feet; thence S.00·28'32"£., a distance of 21.04 feet to 0 point of curve to the left having a radius of 6,725.47 feet; thence southerly along the ore, through a central angle of 01·13'35" and being subtended by a chord which bears S.01·05'21 "E. 143.97 feet, a distance of 143.97 feet to the POINT OF BEGINNING. Containing 825.05 square feet or 0.0189 acres, more or less. NOTES: 1. This is not a survey. RUiCEL NO o 1 5 ~ q ~ ---=- ~ o ~ <i ~ o o o ...- L(') (J) ....... .......... L94 ....... ~ I 0:; I L S89"31'28"W 48.46' I / I D::: o ~ 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Officio I Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TÐI'ORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMM!NOIMINT OF CONSTRUCTION) LINE TABLE LENGTH 5.00 21.04 5.00 21.04 " , .' LINE L92 L93 L94 L95 DAVID J;:'A F'LORID~.· LlF' Of :' ,;t., ;.rJ3'.. ~;ATE SIGNED) "' 'w NOT· VALID WITHO~T -THE SIGNATURE AND THE ORGtf\lAL RAISED' 'SEAL OF' A FLORIDA LICENSED SURVEYORANOMAPPER. CERTIF'ICATE OF' AUTHORIZAT'ION La '43 I'IIOJr:CT NO.: REVISED 09/24/03 COLUER COUNTY DEPARTMENT OF TRANSPORTATION 85061- ~I'AItCI1. NO. : 708 Wi_Mille¡~'- 1'Imn" ~....." ~ '~ÀI'I:I'IIIØ' ~~ ~,m ,.. , ""-' ' .... " .....' r. -....,~ M. ."-Art*w:HI) ,,... .......',.., JHOft. ..... ......._ Sap 24, 2003 - 14:17:05 IoIlAMUREIX:\SUR\N8015\8S1.d100.dw8 SKETCH & DESCmPTlON 09/200~ PROJr:CT NO.: N6015-005-000 FlU: NO.: 2L-812 SHEET NUMBER: 708 OF XXX HIBIT A _ P8ge~ of 73 . I"'N'CU:L MJ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, P/\GE 75 rtfB~ I ~ I ---:- 3: q a::: o o a::: --.I <{ Z <{ () ..- ...../ ..- Lf') 0) ..- Lf') 0) a::: () TRACT ------------_._-~---------------------- ~) a::: Ü L ~ LINE L47 L48 LINE TABLE LENGTH 50.00 50,00 BEARING N89'31'28"E S89'31'28"W LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows; Beginning at the Northeast corner of Tract 116; thence S.00·28'32"E. alóng the tast line of Tract 116, a distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 116; thence S.89'31'26"W. along said South line, a distance of 50.00 feet; thence N.00'26'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 1 1 6; thence N.69·31 '26"E. along said North line, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 6.250.00 square feet or 0.1694 acres, more or less NOTES; 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'2S'32" W, Florida State Plane Coordinates NAD 63/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represe()ts Point of Commencement. S. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SIMPLE INTEREST DAVID J. HY. ... ,M. (FOR THE FIRM) FL9RIDA~ . NO; 5834 r , ' q- 1:'1 "':oJ . ,. (DATE SIGNED) .,1' ..: "'0." NOr> VA~Ô Wrr:""9U:Ti~:rHE~'SIGNATURE AND THE ORGINAL. .RAISED· SE(t.L. OF·"A'· FLORIDA LICENSED SURVEYOR ~D',MÁP.PER;" . . CERT¡fl~~:AF: .AUT.H0R.r.~TIPN LB #43 l""o.IECT NO.: 65861'~ PARCEL NO. I 109 Wlls#nMllle¡~·- I'IInnIrI , ...... ' ...... . .,.,... , ........AnIIIIIc:* . ~ CcrIdnIII Kkrr.Ltk; h:. ... ' ,.,.." , .... ' ....... ,.,. aø..,tft,."ø ·-'ArillIØft1J1',.. .......".,.".,,,,..,,,,'................. N I-I 50 100 GRAPHIC SCALE , , 200 COWéR COUNTY DéPARTMéNT OF TRANSPORTATION SKETCH & DESCR~TlON 09/2003 PROJECT NO.1 N601~-~-OOO SHEET NUUBER, 109 OF XXX FIlE NO.: 2L-812 i of 73 TRACT I ë:ITÐ ! P.O.B. S89'31 '28"WI 50.00' PARCEl NO. . 1m.- B:: TRACT -----------~~=~--- 0) 0) ()l (J1 o 0 o 0 ., . ------------------------L96--- L97 Z (f) o 0 o 0 N N co co c.,j , (,.ì N'tv = : ::E JT1 h -Ar. ¡ --'" ".-... ~ o s: o ~ o o ~ ü GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ~ ..- .......... ...... L{) 0) ..... L{) Q') a:: ü LINE L96 L97 LINE TABLE LENGTH 5.00 5.00 ~ ü L I lJ TRACT cDV BEARING S89'31'28"W N89·31'2B"E LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 116 Golden Gate Estates Unit No.2. Plat Book 4. Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: 1. This is not a survey. Commencing at the Northeast corner of Tract 116; thence S.89'31'28"W. olong the North line of Tract 116, a distance of 50.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., o distance of 165.00 feet to its intersection with the South line of the North 1 /2 of Tract 11 6; thence S.89'31'28"W. along said South line, a distance of 5.00 feet; thence N.00'2B'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 116; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less 2. Basis of bearing is the West line of County Road 951 (C.R:·H9'51) being N 00"28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point ot Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. ' 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. rep~eseRts Utility Easement. TEMPORARV OONITRUCTION I!ASlMENT tOU~~ON:3VlARaFROM @OMMINOIMINT Oil CONSTRUCTION) ¡ (DATE SIGNED) . NOT VALID WJ1'HplJT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 r-. o 25 I 200 "'l-~~J -O~J PIID.ltCT NO.: 65061 PARCEL NO. : 709 Wi_Mllle¡~··~- 1'fImrn" ___, ~..".,..'........~. ~~ IWIoI 'k, tic. ..... ' ""'.... " ..... " ....... . ,.,. _....,'-Mt... '..Ana...·1IIat ......."'....'...... -.aIA_ S.p 111, 2003 - 13:40:54- IoIWoIURElX:\SUR\Ha015\lIðhd100.dwg COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH & DESCRIPTION 09/200J PRO.IECJ' NO.i· .. N6015-~-000 SHm NUIoIBER: FILE NO.: 709 OF XXX 2L-812 ..--- ..- --- EXHIBIT ..A- PagI ;S- _ of 7J.. 30' R.O.W, f EASEMENT -------- 3RD AVE. N.W. (60' R.O.W.) N89'31 '28' E ~' ÇV 7, /7- ~~I Z ><:/ (j) ---:- o //// 0 ~ q // / q 0 ~ / // ~ ci 0i /~/ 0i 0 N~ / N. 0 .- ~ /ITI........ . / Ln ~/Ý;~ : o /// 0 u 0/./ 0 -~ - S89' 31 '28" W"'-\ GOLDEN GATE ESTATES ~ UNIT NO. 2 TRACT 11 4 16rS 'iIiI,',"I"! 110 . .,' ~ .. - - - - -t- ------ ;¡ 3: o Ct:: TRACT 1 1 5 .-J ~ z ~ u Ln en Ct:: U ~I ---- TRACT 1 1 6 I:::JIO.8, I NOTES: DESCRIPTION: 1. This is not a survey. A portion of Tract 115 of Golden Gate Estates Unit No, 2, as recorded in Plat Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, t)eing more particularly described os follows: 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'28'32" W. f-Iorida Stote Plane Coordinates NAD 83/90, East Zone. BEGINNING at the Southeasterly corner of said Tract 115; thence South 89'31 '28" West. along the southerlý line of soid Tract 115, for a distance of 50.00 féet to its intersection with 0 line 50.00 Westerly of and parallel with the Easterly line of said Tract 115; thence North 00'28'32" West along said parallel line, for a distance of 3.30,00 feet; thence North 89'31 '28" East, along the northerly line of said Tract 115, far a distance of 50,0 feet, to the Northeast corner of said Tract 115; thence South 00'28'32" East, along the easterly line of said Tract 115, for 0 distance of 330,00 feet ta the POINT OF BEGINNING. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise nated. 5, ROW represents Right-of-Way, 6. P.O.B. represents Point of Beginning, 7. P.O,C. represents Point of Commencement. 8, O.R. represents Official Records, 9. L.B,E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. Containing 16500 sq. .feet or 0.3788 acres, more or less. DAVID J,,~ H ,P.?\. FOR THE FIRM) FLORIDA~ LlC NO. ~1334T .... (o..J 4_, , é). ....R¥ ;,¡' tJ7" ...;-' (DATE SIGNED) ': " ,-,' \". r NOT VALID WI'THOI.JT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 FEe SIMPLe INTEREST N ~l.~ ~o 100 200 GRAPHIC SCALE Revised Per County Comments 2/05 PROJECT NO.: 65061 PARCEL NO. : 110 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION Wil.MHleï··~~ PlIMIn Engmoor. EcoIoOíllÞ SUIVD)'M' /.8ndac:øpo ArcMucCl 1r1WpCJt/JJ~M Con8litJJnr. Wl/sonMlI/er. Inc, N/!PtII FfIIMy",. s-a.. .~ IiIIJII 3200 _ UN, Ü/2OI> Nø¡W. FIøtJda 3IflJS.l5Ql-I'IKJIt 23H~~040 fu 2~6IW" WiI>Sift _~Iø,,*.~ Mor H. 2004 - 13:08:44 t.lLAMUREIX:\SUR\N8015\951ad100.dwt,;J SKETCH &: DESCRIPTION 02/2005 PROJECT NO.: N6015-005-000 SHEET NUMBER, 10 OF XXX filE NO.: 2L -812 PARŒLNO~ EXHIBIT ~ACT P-ue1.1L- 01'73 11 4 1 85 30' R.O.W, f EASEMENT --------- 3RD AVE. ~~.W. (60' R.O.W.) TEWORARY CDNaTRUCTION EASEMENT _ (DURATION: 3 YEARS FROM CCMa!NCEMENT OF CONSTRUCTION) --- ----- ----- -t- TRACT 1 1 5 TRACT 1 1 6 GOLDEN GATE ESTATES UNIT NO. 2 LINE TABLE LINE LENGTH \..1 .00' L1 500' LJ 5,00' BEARIN N 11'31' NðIl'JI' E 5611' "1 w DESCRIPTION: A portion of Tract 115 of Golden Gate Estates Unit No.2, as recorded in Plot Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, being more particularly described os follows: COMMENCING at the Southeasterly corner of said Tract 115; thence South ,.89'31'28" West. along the southerly line of said Tract 115, for a distance of 50.00 feet to the POINT OF BEGINNING; thence continue along said South line South 89' 31 '28" West, for a distance of 5.00 feet; thence North 00'28'32" West, for a distance of 300,00 feet, to a point on the southerly line of the 30.00 foot right-of-way easement of 3rd Avenue Northwest as depicted on said plat; thence North 89' 31 '28" East. along the Southerly line of said easement. for a distance of 5.00 feet to its intersection with a line 50.00 Westerly of and parallel with the easterly line of said tract 115; thence South 00'28'32" East, for 0 distance of 300.00 feet to the POINT OF BEGINNING. Containing 1500.00 sq. feet or 0.0344 acres, more or less. ·P. . .' (F,QR THE FIRM) FLORIDA lI~. b/~ 5834 ~ J - 7 -0ir ;~~~'~'J~A:rE SIGNED) J ,~. NOT VALID WfTlAØlDt IJHe SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHPRIZATION L8 1143 Revised Per County Cbmments 3/07/05 PROJECT NO.: 6506 f PARCEL NO. : 7 f 0 Wn.IIIIIIIIiï·"·~- PIIMvnI EngiIGØ EQJ/ogIIIÞ $lMIym, l..øIIdiœ,øø NdIIœcfJ 'Ii'ønspatø/JQj CotJt:itBnll WllsonMlIler, Inc. . FGltUyn" SnIIú ,Ihcf¡œ ~ J2œ&liryLw,&lf2Ø -,F/odd¡¡3ØUS07'PtrJ» 2J1.~ Fit 2J1.ð4J.ð11' wc.a II1Iw.II'IIøJnIr.AI!I t.Aar 24. 2004 - 13:06:44 t.AL,AMUREIX:\SUR\N6015\g51sdI00.dwg L3 o o o o n (j) o q 1'0 OJ 01 1'0: ('T1 ~ ON n ex) N b o z 01 o o o q / L2 L 1 0.1/2005 / ;¡ .......... ~ ~ 0 0 Q:: a:: .-J <{ 0 Z 0 <{ .... U '-" .... LC) 01 .- LC) 01 Q:: U ~ .O.B. Q:: U ~I P.O.C.\ I NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Rood 951 (CR. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions or record, 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records, 9. L.B,E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easeme·nl. N I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 710 OF XXX fiLE NO,: 2L 81 L TRACT 11 4 EXHIBIT.ß.. page..o... of '7:1 PARŒ1. NO-2LL 16;85 30' R.O,W. EASEMENT ----- --- --- -- TRACT 1 1 5 / 3RD AVE. N,W. ~ ~ a::: I ~ o a::: -l « z « u ......... f'T1 o o ..- lJ1 0'1 lH lH o o o .- -.....-- If) 0'1 a::: u a::: u l TRACT 1 1 6 S 89' 31' 2 8" W GOLDEN GATE ESTATES UNIT NO. 2 L1 ~L P.O.cl. I P.O.B. LINE TABLE LINE L\ L2 BEARING N69'31'26"E N00'2B'32"W DESCRIPTION: A portion of Tract 115 of Golden Gate Estates Unit No, 2, as recorded in Plat Book 4 Pages 75 and 76 of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the Southeasterly corner of said Tract 115; thence South 89'31 '28" West, along the southerly line of said Tract 115, for a distance of 50.00. feet to ,.the POINT OF BEGINNING; thence South 89' 31 '28" West, along the southerly line of said Tract 115. for a distance of 419.85 feet; thence North 08'59' 31" East, for a distance of 304.14 feet, to a point on the southerly line of the 30.00 foat right-of-way easement of 3rd Avenue Northwest as depicted on said plat; thence North 00'28'32" West, for a distance of 30.00 feet to the Northerly .Iine of said Troct 115; thence North 89'31 '28" East, along said Northerly line. for a distance of 369.82 feet to its intersection with a line 50.00 Westerly of and parallel with the easterly line of said tract 115; thence South 00'28'32" East, for a distance of 330.00 feet to the POINT OF BEGINNING. NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C,R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservotions and restrictions or record. 4. Eosements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P .O.B. represents Point of Beginning. 7. P,O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Cantoining 1 9534.79 sq. feet or 2.9737 acres, more or less. FEE SIMPlE INTEREST DAVtO·.' J. HYATT, _. :M. (FOR THE FIRM) FLORIDAL.IQ: NQ. ~~_.34 ~_. ..'-... ..;, "..' .~ ?; -) - /) Ii /_:, (OATE SIGNED) -... (.:....-:' ;. NOT VALl'£) WITrroUT..:-~HE SIGNATURE AND THE ORGINAL RAISEt5 øt.: OF A FLORIDA LICENSED SURVEYOe i4ND' MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 Revised Per County Comments 3/07/05 Revised Per County Comments 3/04/05 PROJECT NO.: 65061 PARCEL NO. : 810 r"'eï··~- PIItnnn Engmow E~ SulwyM" '-ú,.. ÑdII/IIDIiI 1tIrnrpatt.t1ÎClll ~ WUsonMI//8I', Inc. ,.,.. Fot1 "'''''" s-:u'~ ,."., 32008MyLn. SWZQ> /ll/p/M.FJcrld¡¡:J410U6D7·ProIl2»~ Fu 2»HU111 tII8Þ..I'iIIt _,,,,,,,*./Q!I 1.40r 24. 2004 - 13:05:44 IoAlAMUREIX:\SUR'\NI501:1\9:1hd100.dwg N IL:JTr-1 \ o 2:i 110 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH ct DESCRIPTION OJ/2005 PROJECT NO,: N60t5-005-000 SHEET NUMBER: 810 OF XXX FILE NO.: 2L -812 ~"". t II 7) J ---- -- -- --:- 3: q 0:::: ·0 o ~6Bf ~ I q I 0:::: GOLDEN GATE ESTATES UNIT NO. 2 P.B, 4, PAGE 75 TRACT -------.--------------------------""2 ----------- c:I'¡ ~ ~ co~ (,.J N : :E <f. z < ü ~ '-'" ~ LO 0) ..- LO 0) 0:::: Ü 0:::: Ü L ~ 3RD AVE. N.W. LINE L49 L50 I I _I- I I I I I I I I I I I I I I lJlNE TABLE LENGTH 64.00 64.00 ------ I I P.O.B. ---- BEARING SS9'31'2S"W NS9'31'2S"E LEGAL DESCRIPTION A portion of the South 1 SO feet of Tract 1 14 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florida, being more particularly described as follows: Be,ginning at the Southeast corner of Tract 114; thence S.S9'31'28"W. alóng the South line of Tract 114, a distance' of 64.00 feet; thence N.00'28'32"W., a distance of 1 SO.OO feet to its intersection with the North line of the South 1/2 of Tract 114; thence N.S9'31 '2S"E. along said North line, a distance of 64.00 feet to its intersection with the Easterly line of Tract 1 14; thence S.00'28'32"E, along the east line of Tract 114, a distance of 1 80.00 feet to the POINT OF BEGINNING. Containing 11,520.00 square feet or 0.2645 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are. per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginniryg. 7. P.O.C. represents Point of Commencement. S. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. , P. . . (FOR THE FIRM) 5834 , "'1 { -0) (DATE SIGNED) NOT VALiD WrT.HOUT THE SIGNATURE AND THE ORGINAL . RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE 'OF' AUTHORIZATION LB /143 I'IIO.IECT NO.1 6~061 PMCIL NO. I 111 WII.Milleï~··- I"IIIInIrI ,~ ,~ ,a.n.,wr ,~Atr:IIIM* ' ~~ WIIonWkr, t1c. .... " Ad Jton " .... . ...... ' r... -....,a........ '....I'btà.... .,.. ......." "IV .,..".." M-a ........_ FEE SIMPLE INTEREST N COLU~ COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH 4& DESCRIPTION 09/20OJ AAO.IECT NO.: N601/5-oo/5-0oo SHŒT NUWBER: 111 OF XXX FILE NO.: 2L-812 ~NU. EXHIBIT ...L Paot. 1'1 of~71. (J) o ......0 (Jl' S89'31'28"W g ~ 64.00' 1 o. k5 = fT1 L 100 ' -------------------- --- -- 16B ;,p~ ..,l ______IP_~ÇJ__________ ----- ~ 3RD AVE. N.W. L102 ,-.. ~ q a: o o .- '-" I I . ;:: I ó a: r r ...... ~ o 0 0J ----- ---- -- -- ~ o TRACT CEÐ I I -,- I I I I I I I I I I I I I or- LO 0) ----- ---- -- ..- LO Q) a: o GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 a: () L, I ~ LEGAL DESCRIPTION A portion of the South 180 feet of Tract 114 Golden Gate Estote8 Unit No.2, Plat Book 4, Pages 75-76, of the Collier County, Florida, being more particularly described as follows: LINE L100 L101 L102 L103 LINE TABLE LENGTH 5.00 150.00 5.00 150.00 BEARING N89"31 '28"E 500"28'32"[ S89'31'28"W NOO'28'32"W Commencing at the Northeast corner of Tract 1 1 4; thence 5.00'28' 32"E. along the East line of Tract 1 14, a distance of 150.00 feet to its inter8ection with the North line of the South 180 feet of Tract 114; thence S,89'31'28"W. along said North line, 0 distance of 64.00 feet to the POI.NT OF BEGINNING; thence S.00'28'.32"E., a.distance of 150.00 feet to its intersection with the North line of the right-of-way easement of 3RD AVE. N.W.; thence S.89'31 '28"W. along said North line, a distance of 5.00 feet; thence N.00'2B'32"W., a distance of 150.00 feet to its intersection with the North line of the South 1 80 feet of Tract 114; thence N.89'3"28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject tOðCi$éments, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginni.ng. 7. P.O.C. represents Point of CQmmencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARV CONSTRUc11ON EA8IMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ~~VID; J.:,[, IT, ~ _'.' , (FOR THE FIRM) li'l:.ORrDA'· . NQ':.· 5834 ...J, CJ '.' I, I' ~r 1 q~ 7.1(;-ó}:· I ..zl (DATE SIGNED) '. - \...." NOT V~), fWIf'HO'uT THE SIGNATURE AND THE ORGINAL RAISEt5 SEAL OF A Fl:.ORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF"AUTHORIZATION La #43 r- 0" N ~ 211 ao 100 200 GRAPHIC SCALE PIIOJECT NO.1 6ð061 PAItCa. NO. I 711 WiI.Mllle¡~··- ,.."... . ...... . .... . an.,w. " ........ArGIIIIc* . 1111.~ ..... CanIIIiIr* MIønJ1IJr, I1ø. '*'*' ' /'WI. . .... . ...... .. _..,~..ø .....,.... 'I'/In .....',., JIHIH'I'..........._ ;'p 18. 2003 - 11:24:41S toAlAMURElX:\SUR\NIS015\1I511d100.dwg COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH de DéSCRIPTlON 09/20OJ PROJECT NO.: N6015-005-000 SHEET NUIoIII£R: 711 OF XXX Fll.f NO.: 2L 812 PARCEL NO. z ~6B~ I ~ I q c:t: Page ~() -,,- of 73 GOLDEN GATE ESTATES UNIT NO. 2 P.G. 4, PAGE 75 o o ~ '-" ~ z <{ o ~ L() Q) _______________IB1iÇI_______________________ Ci2D ~ L() 0') c:t: o L I I c:t: o ~: -- ---- -- ---- 3RD AVE. N.W. LINE L51 L52 I -I- I I I ! LINE TABLE LENGTH 60.00 60.00 ------ -- ---- BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier County, Florfda, being more particularly described as follows: NOTES: Beginning at the Northeast corner of Tråct 114; 'thence S.00·28'32"E. along the East line of Tract 114, a distance of 150.00 feet to its intersection with the South line of the North 150 feet of Tract 114; thence S.89'31'2B"W. along said South line, a distance of 60.00 feet; thence N.00'28'32"W., a distance of 150.00 feet to its intersection with the North line of Tract 114; thence N.89'31'28"E. along the North line of Tract 114, a distance of 60.00 feet to the POINT OF BEGINNING. Containing 9,000.00 square feet or 0.2066 acres, more or less 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DAVID J. HYJ, ...' '. (FOR THE FIRM) FLORIDA t..1 .', NÖ. ·ðß,.3..p¡ .:. :r:~ cr -/7:~(Fl: ,':; ~(DATE SIGNED) , .... "'( NOT VALId w)i¡-Abuf lHt SIGNATURE AND THE ORGINAL RAI.SEDs'EAL: OF A FLORIDA LICENSED SURVEYOR AND'IMA'PPER. CERTIFICATE OF AUTHORIZATION La (/43 PftOIIECT NO.1 65061 PAItCEI. NO. : 112 WII.Mllle¡~·-- ,..,..," ----" ~ ..,..,.., ~~. ~~ WIIcriaer, I'1c. .... ' "".. ' ..... . ..... ' r... -""~...ø ·,...AriillMIHIIr ,,,... ~,"'.&IHOØ................. FEE SIMPLE INTEREST N COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH 4t: DESCRIPTION 09/2003 PftOJECT NO.: N6015-005-000 SHŒT NUMBER: 172 OF XXX FILE NO.~ 2L-812 ~NO.· Page -..J I 0[J3 GOLDEN GATE ESTATES - UNIT NO. 2 P.B. 4, PAGE 75 }'Jì-B. S89~~1~~~'~ 6 B 5 L107/ ~ I Ii ...... .... TRACT __________ .-------------------------------------- L105 CŒD 00 m4>- ---:- ~ o 0::: o o ..... "-0../ ;¡ ~ o e:: -I « ~ ü / ..... 10 01 ------ ----- -- ..- 10 01 0::: o 3RD AVE. t\J.W. TRACT C@) 1 1- -I 1 1 1 I I ------~ 0::: Ü ~ ----- LEGAL DESCRIPTION A portion of the North 150 feet of Tract 114 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L104 L105 L106 L107 LINE TABLE LENGTH 150.00 5.00 150.00 5.00 BEARING SOO'28'32"E SB9'31'2B"W NOO'2B'32"W N89'31'28"E NOTES: Commencing at the Northeast corner of Tract 114; thence S.89'31'2B"W. along the the North line of Tract 114, a distance of 60.00 feet to the POINT ÖF BEGINNING; thence S.00'28'32"E., a' distance of 150.00 feet to its Intersection with the South line of the North 150 feet of Tract 114; thence S.89"31 '28"W. along said South line, a dlstance of 5.00 feet; thence N.00'28'32"W., a distance of 150.00 feet to its intersection with the North line of Tract 114; thence N.89" 31'28"E. along said North line. a distance of 5.00 feet· to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-ot-Way. 6. P.O.B. represents Point of Beginni-ng. 7. P.O.C. represents PoInt ot Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TeMPORARV CONSTRUCTION EASEMENT (DURA~ 3 YEARS FROM COMMENCEMENT OF CONSTRUCT1ON) DAVID J. YATT i . .M. ( OR THE FIRM) FLORIDA U~. ~O.~ 5834.- j- ;;.. '-.I"-·~1.J~,,:: <,5 . cfATE SIGNED) NOT VALlB;,WITHOUT THE'-SIGNATURE AND THE ORGINAL RAIS~ ~~EAS'OF A FLORIDA LICENSED SURVEYOR AND MAþPER. CERTIFICATE OF AUTHORIZATION LB #43 o PIIOJECT NO.1 65061 PARCG, NO. I 712 WiI.Milleï~·- ........ ,--- ' ...... ,~ " ........AraIIM ' ~ 0cM.IInIJ _111«; m .. ,"".... ..... ....... T.... .....,,.... ....I'Iri*MHI/T ,,,.. ......,,.,.....,,,'............._ 'ep 19, 2003 - 11:24:48 IoIl.A.MURE\X:\SUR\N801i5\lIi51ad100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4& DESCRIPTION 09/200J PROJECT NO.1 N601$-OO$-OOO SHaT NUMBER: 712 OF' XXX I'lLE NO.: 2L-812 PAHLìI:L NU. I' ~ 16Bf ~ 0 ,..... ~ ~ ~ q ~ < '0 0 0 ..... ..- LO ......... en .- I LO ~ I en () ~ ~ () L GOLDEN GATE ESTATES UNIT NO. 2 P.B, 4, PAGE 75 _______I~6ÇJ[______ -------- ~ LINE L53 L54 LINE TABLE LENGTH 55.00 55.00 BEARING S89'31 '28"W N89'31'28"E ----------------~ o q N co 0J N ~ LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75 and 76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Trac't 113; thence S.89'31'28"W. along the 'South lilie of Tract 113, a distance of 55.00 feet; thence N.00·28'32"W., a distance of 165.00 feet to it's intersection with the North line of the South 1/2 of Tract 113; thence N.89'31'Z8"E. along said North line, a distance of 55.00 feet to its intersection with the Easterly line of Tract 113; thence S.00'Z8'3Z"E. along the East line of Tract 113, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~ .T.t. P.$;M:~FOR THE FIRM) FLORIDA LI .~,NÖ. 58~,34, " ~ r"" ".';''' PI -),7~ -,:.-' ;':(DATE SIGNED) .~ ¡ I ... .', .~. ~.. NOT VAliD WITHOÜr THÊ SIGNATURE AND THE ORGINALRAIS'61) SEAL OF A F'LORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La '43 PIIOJECT NO.1 65061 PAIICII. NO. I 11 J Wi_Milleï~·- 1'Imn. __. ~ ,...,.,.... ~~. ~CII:rIUInt ~,M ,.,., , I'rttAtoø ' .... ' ..... . _ -.,.... .~I'Iri*"" 'I'IIø ......,.., 1iIHH'S............._ ;'p 111. 2003 - 13:10:32 IAWoIURE!X:\SUR\NII015\Q511d100,dwg FEE 8IWl.E INTEREST N COLU~R COUNTY D~PARTM~NT OF TRANSPORTATION SKE:TCH 4c DESCRIPTION 09/2003 PRO.I£CT NO.: N6015-005-000 SHEET NUI/BER: 773 OF XXX FIle NO.: 2L -812 r~·-· TRACT CD}) EXHIBITL page~of_'13. 685 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 o ;:; q c::: ·0 o ~ ó a:: ~ o ~ to ()) ~ 1!1 ()) ci o TRACT __________1111___ ----------~~------------------- ~ ~ ........ c::: o L I o.c. I l-J r r -" ..... o N TRACT @3) LEGAL DESCRIPTION A portion of the South 1/2 of Tract 113 Golden Gate Estates Unit No.2, Pages 75-76, of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Southeast corner of Tract 113; thence S.89·31'28"W. along the South line of Tract 113, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89·31'28"W. along said line, a distånce of 5.00 feet; thence N,00'28'32"W~, 0 distance of 165.00 feet to its intersection with the North line of the South 1 /2 of Tract 113; thence N.89'31 '28"E. along said North line, a distance of 5.00 feet; thence S.00·2B'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less LINE L108 L10S L 11 ° L111 L112 LINE TABLE LENGTH 55.00 5.00 165,00 5.00 165.00 BEARING S89· 1'28"W S89·31'28"W NOO·28'32"W N8S· 1'28"E SOO·28'32"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, rese~ations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represër,ts Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ",~ , \ .~ TEMPORARV CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENTOFCONSTRUCTK»Q ÄTr, 'p . : (FOR THE FIRM) FLORIDiA. . No; 83;4 ~ . (r .~ '1 - j~,~O,) ~:. ..,~~.~jJATE SIGNED) NOT VAUD'W~'giQ,LblHJHE SIGNATURE AND THE ORGINAL RAISECtrŠIfÀL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 ~RO.IECT NO.1 6~061 ~.w:a. NO. I 713 WII.Mllle¡~·- ,..."..,'....... ' ~ ..,..,. , ........~ ,~...~ ~tn ... ' ,.,~ . ..... . ......' r.,. -...,~..... ....,.........". ......,.".....""...............- S.p 1e, 2003 - 13:27:07 1,IL,N.lUREþ<:\SUR\NCS01S\aSbd100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:rCH & DESCRIPTION 09/200:J PRO.IECT NO.: N60t5-005-000 SHŒT NUMBER: 71:J OF XXX FILE NO.: 2L -812 ttU«.ìt:L NO. 685 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ~ ~ a:::: :;i ~ ·0 ü 0 ..- ..- LO '-'" 0'> ..- LO a:::: 0'> I ü a:::: I ~ ü L 0'> (J1 TRACT --------------------8 ---------------~-!~--- . LINE L55 L56 LINE TABLE LENGTH 55,00 55,00 BEARING S89'31'28"W N89'31'28"E LEGAL DESCRIPTION A portion of the North 1 /2 of Tract 113 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75 and 76, Collier County, Florida, being more particularly described as follows: NOTES: Beginning at the Northeast corner of Trac't 113; thence S.00'28'32"E. alon'g the East line of Tract 113, a distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract 113; thence S.89'31 '28"W. along said South line, a distance of 55.00 feet; thence N.00'28'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 113; thence N.89·31'28"E. along the North line of Tract 113, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2063 acres, more or less. 1. This Is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. . Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginnit'lg. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. " ¡); .' '-, (FOR THE FIRM) NO. ~B34 . .' t· ..... , ~I 7-IJJ? /,';, (DATE SIGNED) ~¡, ·~.,ì J.t NOT VALI~.<Wm~9,unfHE SIGNATURE AND THE ORGINAL IVIISE(¡) 'SEAL OF A FLOR!DA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB /1:43 PROJECT NO.1 65061 I"MCII. NO. I 114 WII.Mllle¡~··~- ,..,...'......" ~,~, ~MMIaII '~CaIIUIØ KIIIonWr, b:. ... . "",,.,,,,, ..... " ...... r. ....,"-... ·-.II:rUIMIIfoIIV 'Ian ......'Fu.....""................. iep 111, 2003 - 15:11:47 MlAMURE!X:\SUR\NS015\Q511d100.dwg FE~ SIMPlE INTEREST N 10 100 GRAPHIC SCALE . I zoo COLLI£R COUNTY D£PARTM£NT OF TRANSPORTATION SKE:TCH & D£SCRIPTION , 09/200~ PRO.IECT NO.: N601~-005-000 SHEET NUMBER; 114 OF XXX fILE NO.: 2L-812 I"'NCU:L NU. II L.[ TRACT C@ EXHIBIT ..1L Paøe~ of ry ~3 r r ....... ....... TRACT ._---------~----------------------------- ~ L 115 ,,-.... ~ ~ 0 ~ ð ·0 0 .... .... I.!') ""--" Q) .- I.!') ~ Q) 0 a::: l-J 0 L I I Q) -+>- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT c® LEGAL DESCRIPTION A portion of the North 1/2 of Tract 113 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L113 L 114 L115 L116 L 117 LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 BEARING 589'31 '28"W SOO'28'32"E SS9'31'2S"W NOO'28'32"W N89'31'2S"E NOTES: Commencing at the Northeast corner af Tract 113; thence S.89'31'28"W. along the North line of Tract 113, a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'2B'32"E., a distanc-e of 165.00 feet to its intersection wittTI the South line of the North 1/2 of Tract 113; thence S.S9'31'2S"W. along said South line, a distance of 5.00 feet; thence N.OO'28'32"W., a distance of 165.00 feet to its intersection with the north line of Tract 113; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00·28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASeMENT (DURA~ON:3YEAR8~ COMMENCeMENT OF CON81'RUCTION) DAVJD~J; .; ~ .. .. P. ,(FOR THE FIRM) FtÖf!1D~-:LI! ~O, 5 34, '1:7 d;~. .: ~) i :.": (DATE SIGNED) '. .' -.-' . ~ ~ 't' NOT VALID WITHOUT· tHE SIGNATURE AND THE ORGINAL .~~. SEAL OF A FLORIDA LICENSED SURVEYOR AÑ'ö 'MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 N ,. I 25 150 100 GRAPHIC SCALÈ - I 200 PftOJECT NO.: 65061 PARCD. NO. : 714 WII.Mllle¡~-- ,.... ----, ~ ,.".,...., ~~, ~CanII.tnr KflMtar, tic ... ,Iir.......... '......r... -_...... '.FIriIIIt..... ,,,., ......."',.,.""............,_ S.p 1a, 2003 - 14:17:34 .,ILÀMUREX:\SUR\Na01~\815"d100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH·-ëtë· DESCRIPTION 09/200.1 PROJECT NO.: N607~-OO~-OOO SHEET NUMBER: 714 OF XXX F1I.£ NO.: 2L -812 Page~~~ _ of_ ? ~_ ~1'fU. II_~ GOLDEN GATE ESTATES UNIT NO. 2 P,B. 4, PAGE 75 ~B5\ ~ o Ii TRACT ----------------CIlIS- --------------------------t5 112 ~ OJ 0.1 N i o ~ q a::: ~O o ~ z <x:: ü ()) (.J1 o ...- ......, ...- LO ()) ...- LO ()) a::: ü a::: ü L LINE L57 L58 LINE TABLE LENGTH 55.00 55,00 BEARING SB9'31'2B"W N89'31'28"E LEGAL DESCRIPTION A portion of the South 165 feet of Tract 112 Golden Gate Estates Unit No, 2, Plat 8aok 4, Pages 75-76, Collier County, Florida, being more particularly described as follows: Beginning at the Southeast corner of Tract 112; thence S.89'31 '28"W. along the' South line of Tract 112, a distance of 55.00 feet; thence N.00·28'32"W., a distance of 165.00 feet to its intersection with the North line of the South 165 feet of Tract 1 1 2: thence N.89'31'28"E. along said North line, a distance of 55.00 feet to its intersection with the Easterly line of Tract 1 1 2; thence S.00'28'32"E. along the East line of Tract 112, a distance of 1 65.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'.32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. iJ,J Jf- 11 DAVID J.. ~TT~ ß:M. (FOR THE FIRM) FLORIDA LlC; NO:~58~4 !J -; 17 -ð 1 . . (DATE SIGNED) . "",~ ,.,~. t _l NOT· VALID WITHQUT )'HE SIGNATURE AND THE ORGINAL RAISED. SEAL OF A FLORIDA LICENSED SURVEYOR AND IMAPPER. CERTIFICATE, OF AUTHORIZATION LB 143 I'1Io..t!Cf NO.1 6'061 I'ARCG. NO. I 115 WII.Mllleï~·- /'IImn.~. ~.an.,n, ~~, ~~ MIoI..\aw', m __, ,..,... ....... ........ T... .-'-... .,...I'Iriå.... ,,.,,. ......',., I,HOØ............... '.p 115, 2003 - 13:14:01 ~LAMUREtX:\SUR\Nt501S\VShd100.dwg FEE SIMPlE INTEREST N ~ o 25 ISO 100 200 GRAPHIC SCALE COLL/ëR COUNTY DëPARTMëNT OF TRANSPORTATlON< SKETCH & DESCmPTlON 09/2003 PRo.IECT NO.: N6075-005-000 SHEeT NUII8£R, FILE NO.: 775 OF XXX 2L-812 TRACT C® EXHIBIT .JL Page.2:L of..2:i GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ï ï ...... ...... 1'0 1'0 0,1'0 ~~. I , ....¿ 16P-:> I I' I ~ q .-- D::: ~ ~ q 0::: ~ ·0 0 0 ..- I ..- LO '-" 0) . , ..- I LO 0::: 0') 0 D::: Ü TRACT L121 ---·-------(I1IS------------------------------ TRACT @) LEGAL DESCRIPTION A portion of the South 165 of Tract 1 12 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Tract 112; thence S.89'31'28''W. along the South line of Tract 112, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S.89"31'28"W. along said line, a distance of 5.00 feet; thence N.aO'28'32''W., a distance of 165.00 feet to its .intersection with the North line of the South 1 65 feet of Tract 112; thence N.89"31'28"E. along said North line, a distance of 5.00 feet; thence S.00'28'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. L119 LINE L118 L119 L120 L121 L122 LINE TABLE LENGTH 55.00 5.00 1 65.00 5.00 165.00 BEARING 589'31'28"W S89'31'28"W NOO'28'32"W N89'31 '28"E SOO'28'32"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Wdy. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) DAVII:)~; . "'IT, ".M" (F'OR THE FlRM) FLORIDA L!:. C. NO. ~834 .,.. . q -" 3-0" .;' (DATE SIGNED) , ~ ."'...: . NOT VALlp WITHOU,¡~THE SIGNATURE AND THE ORGINAL AA/SED;' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 I"IIO.JECT NO.: 65061 PARCEl. NO. I 715 WII.Mllle¡~·- .......' ----'........' ~. ~~. ~Q:rad!n 1WIcnl" in ."" '1Irf..... '...... ....... r... -_""'M. ,,,"nUØ_.,... .......',..,......'..... _ n "_ "P 19, 2003 - 11:24:48 ..U.AMUREþ(:\SUR\N8015\Sl51ed100.dwg 09/200,] COLL/éR COUNTY DéPARTMéNT OF' TRANSPORTATION SKE:TCH & DéSCR/PTlON PRO.IECT NO.: N6015-005-000 SHEET NUMBER: 715 Of' XXX FIll NO.: 2L 812 EXHIBIT A Page"; 8 of_7~ a> (J1 TRACT 0 --------------~-----------------------~. ~ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LINE L59 L60 LINE TABLE LENGTH 55.00 55.00 BEARING 589'31 '2B"W ~JS9'31'2S"E LEGAL DESCRIPTION A portion of the North 1 65 feet of Tract 1 1 2 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76. Collier County, FlorIda. being more particularly described as follows: NOTES: ~""-Io I , \V ~6B --" 3: 0 ,.-.. a::: ~ ~ q a:: '0 0 0 ...- ...- Ii) ........ Q) ...- Ii) a:: a> 0 a:: ~I 0 ~I I 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, Eost Zone. Begir;¡ning at Northeast corner of Tract 112;. thence ::;.00'28'32"E. along the East line of Tract 1 12, a distance of 1 65.00 feet to its intersection with the South line of the North 1/2 of Tract 1 12¡ thence S.89'31'28"W. along said South line, a distance of 55.00 feet; thence N,OO'28'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 1 12; thence N.89'31'2S"E. along the North line of Tract 112, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE SlMPt.E INTEREST DAVID J. H IT, p; . . (FOR THE FIRM) FLORIDA LI . NQ;' 5834 ~ -{7··O·., . <.: (DATE SIGNED) N I ~ o U 10 100 GRAPHIC SCALE NOT VALID WIJHOùT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 P"OJECT NOot 65061 PNICIl. NO. : 116 WII.Mllleï~··- ....... ' eø-. " ~ . .".,., , L.¥IGIIIIIIpI~ " ~, er....tnJ IWIooAar, ~ .. ' IWtMwr ' .... ·1IrIIå ' T... -..."u...... ·....I'Iiri*MNrV"1IMnt .....'I\r.................._ i.p 115, 2003 - 13:1!!:Oi I.lLAMURElX:\SUR\NCl015\i51ad100.dwg '1 200 COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKE:rCH 4e DESCRIPTION 09/2003 PRO.I!CT NO.: N601$-00$-OOO SHEET NUt,lBfR: 116 OF XXX FILE NO.: 2L-812 PARœL NO. IlLP L127 16B? i I( 3: I q a:: TRACT CDJ) Page.~'1 of 7:)_ ---:- r r ~ --4 0 tv tv (J) ~ ci ·0 0 ..- ........- ~ u TRACT ______________ ----------------- 125 ----------~ L ~ ..- L(') m ..- L(') Q) a:: o GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 a:: u L- TRACT CI2}) LEGAL DESCRIPTION A portion of the North 165 feet of Tract 112 Golden Gate Estates Unit No. 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 112; thence S.89"31'28"W. along the North line of Tract 1 12, a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 165.00 feet to its intersection with the South line of the North 165 feet of Tract 112; thence S.B9'31'28''W, along said South line, 0 distance of 5.00 feet; thence N.00"28'32"W., a distance of 165.00 feet to its intersection with the North line of Tract 112; thence N.89·31 '28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. LINE L123 L124 L125 L126 L127 LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 BEARING S89·31'28"W SOO'28"32"E S89'31'28"W NOO"28'32"W N89"31'28"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00"28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless, otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Recor.ds. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. '" TEMPORARV CONSTRUCTION EASI!MÐIT (DURATION: 3 YEARS FROM COMMENCEMENT OF CON8TRUCTIOH) DAVlDJ. . ÄTT, . .': (FOR THE FIRM) FLORIDA UC.·NO. f)834 ,. '. 9. -;2".~·-::O}, ". (DATE SIGNED) ~OT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF' AUTHORIZATION La i/43 N' ~ eo 100 200 GRAPHIC SCALE M),jECT NO.1 65061 tAACG. NO. I 716 WII.Mllle¡~·-- ,..,...,~"......,...,..., ~~. ~~ WIIcnA8et; tic ,.. 'fin.... . .... . ...... T. -_'-"" '....fIn*-..- '..... .....,,,.,.....,,.............._ iep 111, 2003 - 11:24:48 IoILAMUREIX:\SUR\N801ð\IISlId100.dwg COLUêR COUNTY DêPARTMêNT OF TRANSPORTATION SKE:TCH 4e DëSCRIPTlON 09/200~ PROJECT NO.: N6075-005-000 SHEET NUYBER: 776 ,OF XXX FILE NO.: 2L-812 PARCEL NO, II ·1 EXHIBIT A Page ~30 óf ry 3 -- ------ ......... ~ q a::: '0 o ..... ......" 16B~ ~ -I 3= I q I a::: I I I I I I _____1- ---- -- 5TH AVE. N.W. ---- <i ~ (,) GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, rAGE 75 .- to Q) ..... to Q) a::: Ü TRACT --------------~}~--------------------- LINE L61 L62 LINE TABLE LENGTH 55.00 55.00 BEARING SS9'31'2S"W N89'31'28"E a:; ü L, I ~ I I LEGAL DESCRIPTION A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, Collier County, FlorIda, being more particularly described as follows: Beginning at the Southeast corner of Tract 111; thence 5.89'31 '2S"W. along the 'South lirie of Tract 111, a distance of 55.00 feet; thence N.00'28'32"W., a distance of 150.00 feet to its intersection with the North line of the South 1 /2 of Tract 111; thence N.89'31'2S"E. along said North line, a distance of 55.00 feet to its intersection with the Easterly line of Tract 111; thence S.00'28'.32"E. along the East line of Tract 111, a distance of 150.00 feet to the POINT OF BEGINNING. Containing 8,250.00 square feet or 0.1894 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore, per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement.· 10. U.E. represents Utility Easement. FEE 8IIFLE INTEREST q --/7 -f)) (DATE SIGNED) NOT VALID WiTH'OUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF' AUTHORIZATION LB {;43 I"ROJECT NO.1 65061 PARCEL NO. I 11 7 WII.Mllle¡~·~- "..,..... ---" ~....,..... ~ArIMIGe" ~~ ~,k .... " /In. . .... " ..... ' r... ._,.... '-.AlölMIIHIIt"1IIInt .....',., 1HfH1/I..........._ :.p 18, 2003 - 13:215:27 MI.Al.4URE\X:\SUR\N801S\8Shd100.dwg N . 200 COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH ~ DESCRIPTION 09/20OJ PROÆCT NO.: . ,_ N6015-005-000 SHEET NUMBER: 117 or: XXX ,,1.£ NO., 2L -812 t'At«;t:L NU. II l Page3-L of_ì,~ ---- J I I _1__- 5TH AVE, -- --- ----- ---- -- --- I 116B ~ ~ q e::: ~"Þ'o:\ t -' N.W, GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ,--. ~ q e::: o o ..- '-" ~ o TRACT __________J-131 ----------c:c12:)------------------- ..- L!) Q) L!) Q) c:: I :~ e::: o r r ..... ..... 0J 0J o N TRACT CIID LEGAL DESCRIPTION A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida. being more particularly described as follows: LINE L 128 L129 L1.30 L131 L132 LINE TABLE LENGTH 55.00 5.00 150.00 5.00 150.00 BEARING S89'31'28"W 589'31 '28"W NOO'28'32"W N89'31'28:f SOO'28'32"E Commencing at the Southeast corner of Tract 111; thence S.89'31 '28"W. along the South line of Tract 111, a distance of 55.00 feet to the POINT OF BEGINNING; thence continue S,89'31 '2S"W. along said line, a distance of 5.00 feet; thence N.00'28'.32"W., a distance of 150.00 feet to its intersection with the North line of the South 150 feet of Tract 111; thence N.89'31'28"E. along said North line, a distance of 5,00 feet; thence S.00·28'32"E.. a distance of 150.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres. more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURA~ 3 YEARS FROM COMMENCEMENT OF CON8TRUC11ON) DAVID, J." ATTr .S~M. (FOR THE FIRM) FLORIDA:, LlC. NO.. 5~34 ~ ~ ;),3 :"'(}J.. :/ .~:' (DATE SIGNED) . . '. NOT'VAUQ, WITl1.OtJT THE SIGNATURE AND THE ORGINAL R'Âr!ÈD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICÁTE OF AUTHORIZATION LB 1/43 ~IS "RC.IEOf NO.1 6!5061 "AIICD. NO. I 717 WII.Mllle¡~··- 1'IrMn'~"~.an.rn'~~,~~ Kflc:n\a.r, .he ..." IWf. 'Ira '...... /II1II -...,,..... ·...IIriiINHIV·..... ......',., 1HOf1I,............... S.p 19, 2003 - 11:24:48 IoIWdURElX:\SUR\NG015\Sl5hd100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH 4& DESCRIPTION 09/200:S PROJECT NO.: N6015-00$-OOO SHEET NUWBERI 717 OF XXX FILE NO.: 2L -812 EXHISIT-L Page_~ . of ('t~. ---- I I I I I I I I I I I I I I I I I I I I _1- -- GOLDEN GATE ESTATES UNIT NO. 2 P .8. 4, PAGE 75 --- 5TH AVE. N.W, ----- ----- co~~ o 0 o 0 TRACT ___________________s o. -------------------------- L63 CÐJ) LINE L63 L64 LINE TABLE LENGTH 55.00 55.00 BEARING 589'31 '28"W N89'31 '28"E LEGAL DESCRIPTION A portion of the North 180 feet of Tract 11 1 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76. Collier County, Florida, being more porticularly described os follows: NOTES: ....AI'U,A:I.. nvo f f U _ -:- 3: o c.i o o ..- '-" ~6Br I I 3: q a::: ~ .c:{ () ..- LO (j) ...... LO 01 I ~ I LJ a::: () L I I 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at the Northeast corner of TraGt 1 11; thence S.00'28'32"E. along the East line of Tract 11 1. 0 distance of 180.00 feet to its intersection with the South line of the North 1/2 of Tract 111; thence S.S9·31 '2S"W. along said South line, a distance of 55.00 feet; thence N.OO'28'32"W., a distance of 1 SO.OO feet to its intersection with the North line of Tract 111; thence N.S9'31'28"E. along the North line of Tract 111, a distance of 55,00 feet to the POINT OF BEGINNING. Containing 9,900.00 square feet or 0.2273 acres, more or less. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O,B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. S. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE 8IUPt.E INTEREST DAVID J. . ,P.S.M;. (FOR THE FIRM) FLORID~ LI- . NO. 58301- Of -/ i-o 3 . (DATE SIGNED) NOT VALID WJ:rH.OlJ1" THE SIGNATURE AN.D THE ORGINAL RAISED SEAL OF A FLORIDA LIèENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 I'IIO.IECT NO.. 6~061 I"MCI1. NO. I 118 WI_Mille¡~-- ....,..,. , ~ ' ~ . .....,... , ~AI1åIIaII ' ~ CIIirIMfnJ w.o,.~ iIc. ... . ,..,..." .... ' ...... r. ...,'-.... .-,/'irija1ØØ' '1'IIant .IIHHIII,FIr.................._ ;.p 115, 2003 - 13:30:32 ",Wo\URE\X:\SUR\NI501ð\1I151ad100.dwg COLLI~R COUNTY D~PARTM~NT OF TRANSPORTATION SKE:TCH4c DESCRIPTION 09/200.J PROJECT NO.: N6015-005-oo0 SHW NUMBER: 118 OF' XXX FILE NO.: 2L-812 r''''''-'CL nu. EXHIBIT A... I 60' RIGHT-Of-WAY EASEME':J .Eage_33'_-d 73_ _1- - - 5TH AVE. N,W, .J 685 <.H ~ I ON . OJ o _ OlN -N rr1 ---- ---- - - ~JI L137, L133 r ..... GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ......... ~ q a::: o o ...... ......... ~ ;: q e::: IN c..N (J) .¡:.. ----- TRACT __________________________ ---------------- L135 CI2D ~ ~ ü ...... I!) (J) ...... I!) C1> a::: ü TRACT C® e::: ü I L, L-J LEGAL DESCRIPTION A portion of the north 180 feet of Tract 111 Golden Gate Estates Unit No.2, Plat Book 4, pages 75-76, of the Public Records of Collier County. Florida, being more particularly described as follows: LINE 1133 L134 1135 1136 L137 LINE TABLE LENGTH 55.00 150.00 5.00 150.00 5.00 NOTES: Commencing at the Northeast corner of Tract 111; thence S.00'28'32"E. along the East line of Tract 111 a distance of 30.00 feet to its intersection with the South line of the 5TH AVE. N.W, right-of-way easement; thence S.89'3~'28"W. along said South line, a distance of 55.GO feet t,o the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 150.00 feet to its intersection with the South line of the North 180 feet of Tract 111; thence S.89'31'28"W. along said South line, a distance of 5.00 feet; thence N.00'28'32"W., a distance of 150.00 feet to its intersection with the South line of the 5TH AVE. N.W. right-of-way easement; thence N.89'31 '28"E. along said South line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 750.00 square feet or 0.0172 acres, more or less. 1 . This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted, 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U .E. represents Utility Easement. ,''t,', TEMPORARY CONSTRUCTION EASEMENT (DURAT1ON: 3 VIARS fROM COMMENCEMENT OF CONSTRUC11ON) DAVIt) J..'A'. .S.M~ (FOR THE FIRM) FLORIDA LlC; NO. 5~34 q .;:;'3:~j-o};,; , (DATE SIGNED) "".J '," 'I, !., '.,' -, ".,........ NOT VALD WITHOÙT '¡fiE SIGNATURE AND THE ORGINAL:· RAI.s~P: SEAL¡ÛF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 143 211 PROJECT NO.: 65061 PMŒL NO. : 718 Wi_Mllleï~·- 1'Imn'.......' ~.....,...., ~~ .1I1/~"',~ KIIionUItt; lie. ...',.".. '...... ......1... -_t-.... ""I'IriåMlJHB1t.,... ___, FIt __, ..... _, "..... S.p 22, 2003 - , 1:38:~8 Mw.lUREX:\SUR\N801~\SI~'.d100.dwll COLL1~R COUNTY D~PARTM~NT OF TRANSPORTATION SKETCH & D~SCmpT10N 09/200~ PROJECT NO.: N6015-005-000 SHŒT NUMBER: 718 OF' XXX FILE NO.: 2L 812 LINE L65 L85 L86 L87 LINE TABLE LENGTH 60.00 10.00 75.00 50.00 i,16B5r I~ I I I I ~ q e::: .-_...~ Page~ of t--¡~ ------------------Ir-------------------- TRACT i GOLDEN GATE ESTATES ~ I UNIT NO. 2 ~ I P.B. 4, PAGE 75 I I I I I I I I I I I I I I I I I TRACT G2Ð z o q N '0 o ..... - ..... lO 0'> ~ ü I ~I e::: ü l-.J ----- -- ---- 5TH AVE. N.W. ----- -- ----- .B. BEARING S89'31' 8''W N89'31'2B"E NOO'28'32''W N89'31'28"E LEGAL DESCRIPTION A portion of the East 1 /2 of Tract 110 together with a portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of the Public Records of Collier County. Florida, being more particularly described as follows: NOTES: Beginning at Southeast corner of Tract 110; thence S.89'31'28''W. along the South line of Tract 110, a distance of 60.00 fèet; thence N.00'28'32"W., a distance of 330.00 feet to its intersection with the North line of Tract "0; thence N.89'31 '28"E. along said North line, a distance of 1 0.00 feet; thence N.00'28'32"W., a distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 1 09; thence N.89'31'2S"E. along said North line, a distance of 50.00 feet to its intersection with the Easterly line of Tract 1 09; thence S.00"28'32"E. along the East line of Tract 109 and Tract 110, a distance of 405.00 feet to the POINT OF BEGINNING. Containing 23,550.00 square feet or 0.5406 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Cdmmencément. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEf¿ SIMPLE INTEREST . .. . .. R E FIRM FLORIDAi.u ,I'. ,: '" ""'''"'' "1-F~~rli1"}"~,-· (~ATE'-;'GNED) NOT :JA\;;ID '~I;~æ~"&E ·SIGNATURE AND THE ORGINÀL RAISED \ 5É:);L OF' A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB *43 ,.lto.lECT NO.1 65061 I'NICD", NO. 119 WII.Mllleï~·- ,..,... , ...... " IIøo/IIriIWI " ...,.. " ........ An!IIIIIc* " 71............. ean.an1II ~b:t .. . /'WI"" " ..... . ....." _ .Mr"-.... "~ArtiI.... ,,... ......'ItlIH4H1l..........._ Sep 17, 2003 - oa:31:~O IALAMURE!X:\SUR\N801ð\gð1ed100.dwg N oF- ~~ o 20 10 100 GRAPHIC SCALE l; 1 200 COLLI£R COUNTY D£PARTMENT OF' TRANSPORTATION SKf:TCH 4& D£SCRIPTlON , 09/20OJ PItOJECT NO.1 NB075-005-000 SHEET NUMBER: 779 OF XXX fiLE NO.: 2L-812 ~l;I:L ....u. /I :"1 TRACT ________________y._____________ --------------------T EXHIBIT (@i) p.."3.S': of '7) L142 loBS L138 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 L140 I I II ~ 0 ,-... Ii·· ~ <i 0 Ii ~ 0 ü 0 ..- ..- II) '-" 0) ..- II) 0::; 0) Ü 0:: ~ Ü TRACT CD]) I I I I I I I I I I I I I ! 60' RIGHT-OF-WAY EASEME:J _1____- ï ï -" -" ~ 0J -" to ----- TRACT G2D 5TH AVE. N.W, - - - - ;-J¡ -- -- --- LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2, Plat Book 4, Page 75, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at The Northeast corner of Tract 110; thence S.89'31'28"W. along the North line of Tract 110, a distance of 60.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 300.00 feet to its intersection with the North line of the 5th AVE. N.W. right-of-way easement; thence S.89'31 '28''W. along saId North line, a distance of 5.00 feet; thelìce N.00'28'32"W., a distance of 300.00 feet to its intersection with the North line of Tract 110; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,500.00 square feet or 0.0344 acres, more or less. LINE L138 L139 L140 L 141 L142 LINE TABLE LENGTH 60.00 300.00 5.00 300.00 5.00 BEARING S89'31'28"W SOO'28'32'~E S89'31'28"W NOO'28'32"W N89'31'28"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise nated, 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 1(' "'J, TEMPOAAIW CONITRUC11OH IA8IMINT .... JOURA11ON: 3 YeARI FROM COM INClMINT OF CONS1RUCT1ON) TT, (FOR THE FIRM) FLORIDA . . NO. 5~34 PJ -~3 -fP} ..'" (DATE SIGNED) NOT VAliD' \WfI;O~T THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 N, ~ l I , U 110 100 zoo GRAPHIC SCALE PIIOJECT NO.: 65061 PNICCI. NO. 719 WII.Mllle¡~··- ,... '....... ' ...... ' ....,.. , ~An:MIÅI , 1hI......~ Mfløn\1Ir, In ... ,,,,,,.... ,-- ' ....',... ...,....... ·....ArMao3ØØ ,,... ......,,.,...................._ S.p 22, 2003 - ":JII:~II "'WAUREx:\SUR\NII01~\II~hd'OO.dwll COLLI£R COUNTY D£PARTM£NT OF TRANSPORTATION SKE:TCH It: DESCRIPTION OØ/200,J PftOJ£CT NO.: N80 7~-005-000 SHEET NUMBER: 779 ,OF XXX I'IL£ NO.: 2L-812 r~'-.v. I'~" TRACT @]) EXHIBIT .1L ,..Jfa ¡o-- of .~ j 6B5 GOLDEN GATE ESTATES UNIT NO. 2 TRACT P.B. 4, PAGE 75 ~ --------------------------- -------------------------- """:' ~ o Ii ·0 o ~ '-" ~ Ò Ii ~ ~ () ~ L(') CD ~ L(') (j) Ii () I' I Y --------------------,---------- I I I I I I I I I I I I I a::: () L ï ï. -" -" .þ. U1 L144 . I TRACT cD]) LEGAL DESCRIPTION A portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L143 L144 L145 L146 L147 LINE TABLE LENGTH 50.00 5.00 75.00 5.00 75.00 BEARING S 9"31'2 "W S89'31'28"W NOO'2B'32"W N89'31'28"E SOO·28'.32"E NOTES: Commencing at the Southeast corner of Tract 109; thence S.89"31'28"W. along the South line of Tract 1 09, a distance of 50.00 feet to the POJNT OF BEGINNING; thence continue S.a9'31'28"W. along said line, a distance of 5.00 feet; thence N.00'28'32"W., a distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 109; thence N.B9'31 '28"E. along said North line, a distance of 5.00 feet; thence 5.00'28'32"E., a distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.0086 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Cbmmencement. B. O.R. represents Official Records. 9. L.B.E, represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. TDIICAAIW CONSTRUCTION EJ'IIMINT· (DURATION: 3 VIARS PROM COMMINCIMENT otr CONSTRUCTION) JA. (FOR THE FIRM) FLORIDA C.: NO. 5834 .' . PJ:':'.;.,,-ð~:i , ,(DATE SIGNED) . ',)'" i, ~. '..:' ....;- NOT· VALID WITHOUT "fHE SIGNATURE AND THE ORGINAL 'RAt$pQ,~L OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ",o.¡ECT NO.1 65061 ".w:a. NO. I 719A WI_Mllleï~'- ,.,.,......... ,IøoqWt, ~,~~, ~CcIIdI* MiIIIonlllrt; m ..... . "".... . ..... , ......- --~..... ....,...,..., ,,., .....'IU....""...... -~ r_ s.p 22, 2003 - 11:311:1511 MLAMURE\X:\SUR\NII01S\81511d100.dwg COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION SKETCH eft: D£SCR/PTTON 09/200.1 PRO..IECT NO.: N607~-00$-OOO SHEET NlNBER: 779A OF' XXX mE: NO.: 2L 812 e-ArQA:L rIV. EXHIBIT Page~'7 of 7~6LDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 P.O.C. --. ~ ~ 0 ~ '0 0 ~ ~ LO '-" 0) I. ..... ~ .' LO '0:::: I. 0) . , () . ~ a:: () LJ I I TRACT @) --------------------------------------------- -------------------r----------------------~--- LINE L71 L72 L73 L74 LINE TABLE LENGTH 50.00 75.00 50.00 75.00 LEGAL DESCRIPTION A portion of the North 75 feet of the South 150 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: NOTES: Commencing at the Northeast corner of Tract 109; thence S.00'28'32"E. along the Easterly line of Tract 109, a dlstqnce of 180.00 feet to the Northeast cornér of the South 150 feet of Tract 1'09 and the POINT OF BEGINNING; thence S.00'28'32"E. along the East line of Tract 109, a distance of 75.00 feet to Its intersection wIth the South line of the North 75 feet of the South 150 feet of Tract 109; thence S.89'31'28"W. along said South line a distance of 50.00 feet; thence N.00'28'32"W., a distance of 75.00 feet to Its intersection with the North line of the South 150 feet of Tract 109; thence N.89'31'28"E. along said North line, a distance of 50,00 feet to the POINT OF BEGINNING. Containing 3,750.00 square feet or 0.0861 acres, more 9r less, 1. This is not a survey. 2. Basis of bearing Is the West line of County Road 951 (C.R. 951) being N 00'28'32~ W, Florida State Plane Coordinates NAD 83/90, East Zone'. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Wa)l.~ 6. P.O.B. represents Point of Beginning.. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement, 10. U.E. represents Utility Easement. FEE llIRE INTEREST o V J, .¡.., FLq'RIDA " ~~ NO'; ,58:54 ~~ -(/ ~V .'~ :;.: (DATE SIGNED) NPt'f:vAi.Jå' WlTloJ~~.;;!tiE SIGNATURE AND THE O~GINAL. RAJSE~ :SEAL: OF A FLORIDA LICENSED SURVEYOR' AND·M,APP~R. CERTIFICATE OF AUTHqRIZATlON LB 143 I'RO./ICT NO.1 5ð051 "MOIL NO. I 121 WI_Mllle¡~'- ,.,........... ".... '........ ,~...... ''It ~ .....~ WIIoni\IfIr, tic --_...·...:r~,,;.~~·=-......r . r_ S.p 17, 2003 - 0":J1:50 MI.JJoIURE!X:\SUR\NG0115\"15111d100,dwg , " N - ~ U 10 100 100 GRAPHIC SCALE COWER COUNTY DEPARTMENT OF TRANSPORTATION , SKETCH It: DESCRIPTION 0f1/200:J PRO.II:CT NO.1 N6011S-00$-OOO SHEET NlJ,fIØt: PU NO.1 121 OF' XXX 2L 812 . . - .-- - -- - - TRACT ~ ~ ---------------------------- -------------------- GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ""'" ~ q a::: o o ~ '--" '16B~ h q a::: TRAC:T @) EXHIBIT .1L page..:3L of ~ ~ ~ z <: ü ~ It) ()) ~ L() 0') a::: ü ··1' I ~ L152 a::: ü L r r -" -" --------------------,------------------------- I I I I I I (]l TRACT CD]) LEGAL DESCRIPTION A portion of the North 75 feet of the South 150 feet of Tract 109 Golden Gate Estates Unit No.2. Plot Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L 148 L149 L150 L151 L152 L153 LINE TABLE LENGTH 75.00 50.00 5.00 75,00 5,00 75.00 BEARING NOO'28'32"W S89'31'28"W S89"31 '28"W NOO'28'32"W N89'31'28"E SOO'28'32"[ Commencing at the Southeast corner of Tract 1 09; thence N.00'28'32"W. along the East line of Tract 1 09, a distance of 75.00 feet; thence S.89' 31 '28"W. along the South line of the North 75 feet of the South 1 50 feet of Tract 1 09, a distance of 50.00 feet to the POINT OF BEGINNING; thence continue S.89'31·28"W. along. said line, a distance of 5.00 feet; thence N.00'28'32"W., 0 distance of 75.00 feet to its intersection with the North line of the South 1 50 feet of Tract 1 09; thence N.89' 31 '28"E. along said North line, a distance of 5.00 feet; thence S.00"28'32"E., a distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.0086 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. 6. 7. 8. 9. 10. 1ÐI'OAArW CONSTRUCTION EA.8&8n' (DURATION: 3 V&ARS FROM OOMM.NCIM!NTOPC~ ROW represents Right-of-Way. . P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. DAVID J. ¡'¡y¡ ,', 1'.$ ,··{FOR THE FIRM) FLORIDA UC:¡ NO. 5 '34 . ,'y. ", o -~'3-ô ,.:;~ ,.... (DATE SIGNED) , I, ). ,\: H ~. NOr VALID I WITHOUT 'THE SIGNATURE AND THE ORGINAL RA1SE[) \SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 143 I'II().ECT 110.: 65061 I'AACD. 110. : 721 WII.Mllle¡~··~- ,..,..,.." ----, ~,~.........~, ~~ KfIQd...... ~ .. ' "",..... ' ..... " ..... . ... a...,""'.... '_ArialMHIV ,,,., ........,..,.....".,.............._ Sip 22. 2003 - ":3e:~e Mw.cURElx:\SUR\Ne01~\g~1.d100.dwll COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4& DESCRIPTION 09/200,] I'RO.IECT NO.: N60 1$-00$-000 SHEET NU,8ER: 721 OF XXX flU NO.: 2L 812 r-""'~ 1..-. . ..... -. T EXHIBIT A 90LDEN GATE ESTATES Pa~ 3Cf of ì ~ UNIT NO. 2 P.B. 4, PAGE 75 P.O.B. ~6Bf 3: o a::: TRACT cI® --------------------------------------------- o o ~ "'-" <i z <: o ~ L{) (j) ~ L{) ()) a::: o L98 a::: o L I I ~ ------------------ir--- I I I I I I ---------------------------- LEGAL DESCRIPTION A portion of the North 180 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public records of Collier County, Florida, being more particularly described as follows: LINE L98 L99 -tiNE TABLE LENGTH 55.00 55.00 BEARING S89'31'28"W N89'3rn'l NOTES: Beginning at the Northeost corner of Tract 109; thence S,OO"28'32"E. along the ¡::ost line of Tract 109, a distance of 1,80.00 fe,t to its intersection with the North linë of the South 150 feet of Tract 109; thence S.89'31'28"W. along said South line, a distance of 55.00 feet; thence N,OO"28'32"W., a distance of 180.00 feet to its intersection with the North line of Tract 1 09; thence N.89' 31 '28"E. along said North line, 0 distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,900.00 square feet or 0.2273 acres, more or less. 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Woy. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Cqmmencement. 8, O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEE liRE INTEREST FOR THE FIRM .: NQ;' 5634 q -I J :-<'; \. (DATE SIGNED) NOT VAUD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF' A F'LORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB 143 I"IIO./ICT NO.1 65061 I'MCI1. NO. I 122 WiI.Mllle¡~·- 1'Imn'......"....... ~'........~, ~~ WfIonA.arer, œ ....' "". '.... ......'.... 1ØI_~..ø ·""1IrtiI1ØØ' '..... ......."" 1IJH4H1I................ Sip 111, 2003 - 10;04:011 IoIw.cURE\X:\SUR\NII01S\1I51Id100.dwg N COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH 4e DESCRIPTION 09/2003 PRO.I£CT NO.: N6015-005-000 SHEET NUMBER: 122 OF XXX FILE NO.: 2L-812 t"1\I"\vc;¡.. ,~. r.... D'"> 11 TRACT r1õ8J EXHIBIT l:t:::: Page ~p of GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 P.O.B. L 158\ L154 r r -' -" U1 U1 -... U1 ~ ~ ~ TRACT (@ ----------------------------------------------L156 -_.------------------,------ I I I I I I I I I I I I I -------------------------- TRA.CT CD]) LEGAL DESCRIPTION A portion of the North 180 feet of Tract 109 Golden Gate Estates Unit No.2. Plat Book 4, Page 75, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L1S4 L155 L156 US7 US8 LINE TABLE LENGTH 55.00 180.00 5.00 180.00 5.00 Commencing at the Northeast corner of Tract 109: thence S.89'31'28"W. along the North line of Tract 1 09. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 180.00 feet to its intersection with the South line of the North 180 feet of Tract 1 09; thence S.89'31'2B''W. along said South line, a' distance of 5.00 feet; thence N,00'28'32"W., a distance of 1 BO.OO feet to its intersection with the North line of Tract 109; thence N.89'31'2B"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 900.00 square feet or 0.0207 acres, more or less. NOTES: 685 o ~ q ~ ~o o I ~ q ~ ~ Z c{ Ü ..- '-'" ..- l() 0) l!1 I 0) . I LJ I I ~ Q:: o BEARING 5B9'31'28''W 500'28'32"E 589'31'28''W NOO'28'32"W N89'31'28"E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/!:10, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. '. TEt.FORARY CONSTRUCTION ÞIIMINT (OURATION: 3 V&ARS FROM COMMI:NCIMENT OF CONSTRUCnON) A .$.M.' (FOR THE FIRM) IC. NO. 5834 P¡ -~;":"'fJ;;' " . (DATE SIGNED) NOT VALID WR'HO'tJ'i' THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 N I 25 ðO 100 GRAPHIC SCALE I'IIGItCT NO.1 65061 PAIICI1. NO. I 722 WII.Mllle¡~··- ,..,... , ---- ' ...... " ...,..... , ~ ~ . nw... ...., CianUIII* WIIonr.fkt; m ,.,., . ""'6n . ..... ' ...... ,. -Mt~.... '... ArI*,..., "".., ...... "'" 1IHfH1II" ..... -......r_ !>'P 19, 2003 - 14:011:11 MLAMURE!X:\SUR\NIIOHI\9151.d100.dwg I 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH 4& DESCRIPTION 09/200:1 PROJECT NO.. N601 ~-OO$-OOO SHEET NUMSER: 722 Of' XXX FILE NO.: 2L 812 IBIT Page 'i I --4>- ot_ 'ì:t. GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ~nu. 1M) ~B5 ,....., ~ q a:: o o ..- ......... ~ q a:: <t ~ o ,...- LO m ..- LO m a:: o ~ I ~ TRACT __________________~ --------------ëLQ§5------ LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit NO,2, Plat Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly desdcribed as follows: Beginning at the Southeast corner of Tract 108; Thence S.89'J 1'28"W. along the South line of said Tract 1 08, a distance of 55.00 feet; Thence N.00'28'32"W., a distance of 165.00 feet to its intersection with the North line of ~he South 1/2 of said Tract 108; Thence N.89'31 '28"E. along said North line, a distance of 55.00 feet to it's intersection with the Easterly line of Tract 1 08; Thence S.00'28'32"E. along the East line of said Tract 1 DB, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 9.075.00 square feet or 0.2083 acres, more or less. .,,' LINE L36 L37 L38 DAVID· J. HY:. ,(P.t.S. FLO~,ID~;, uq" NO. S Cf -I) ..!.() 'ZJ ,...!.. (DATE SIGNED) NOT 'ý'A¡";D ~lfHÒb~' .rJè: SIGNATURE AND THE ORGINAL ~ISEDt~.EÄl OF A FLORIDA LICENSED SURVEYOR f<NC1 MAPPER, " CERTIFICATE OF AUTHORIZATlONLB *43 . " O!Q,£CT NO.1 65061 PAI!CEL NO. : 123 WII.Mllle¡~··- I'IImn . ____ ........ ..,.,.. '........MMN* ' h.......~ Wllcirmtr«; M ,.,.. ,""AtwJ . .... . ..... .... ._..... '...IIn*#ØØ..... ......,.,.,."..."",............_ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W. Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 55.00 55.00 165.00 FEE 8II1'LE INTEREST N I r 21S 110 100 GRAPHIC SCALE r . i 200 COLL/~R COUNTY D~PARTM~NT OF' TRANSPORTATION SKE:TCH .~ D£SCRIPTlON OfJ/20OJ NO.1 N607~-00$-OOO FILE NO.: 2L-812 SHEET NUMBER: 72;] OF XXX r~ ."..,.. , r,. I GOLDEN GATE ESTATES UNIT NO. 2 P.8. 4, PAGE 75 --=- ~ o ci -0 o ..- '-" U>-p5 I ~ q D.:: ~ Z <: u TRACT @7) 'Ì3" TRACT ----------ë:[o-~---------- L162 -------------------- ---- ~ ~. L{') Q) ..- L{') Q) ci ü ,- r r .... .... ()) ()) 0J D.:: Ü L: ~I I ~ L 159 /' L160 TRACT CD]) P. .8. LEGAL DESCRIPTION A portion of the South 1/2 of Tract 10S Golden Gate Estates Unit No, 2, Plot Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: LINE L159 U60 L161 L162 L163 LINE TABLE LENGTH 55.00 5.00 1 65.00 5.00 165.00 BEARING S89'31'2S"W S89'31 '28"W NOO'28'32"W N89'31'2S'I. SOO'28'32"E NOTES: 1. This is not a survey. Commencing at the Southeast corner of Tract 1 08; thence S.89'31'2S"W. along the South line of Tract 1 08, a distance of 55.00 feet to the POINT OF BI;GINNING; thence continue S.S9'31'28"W. along said line, 0 distance of 5.00 feet; thence N.00'28'32"W., 0 distance of 165.00 feet to its intersection with the North line of the South 1/2 of Tract 1 OSi thence N.89"31'28"E. along said North line, a distance of 5.00 feet; thence S.00'28'32"E., 0 distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.01S9 acres, more or less. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. ' 5. ROW represents Right-of-Way. . 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. S. O.R. represents Official Records. 9. L.B.E, repreSents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUC11ON EASeMENT (DURATION: S YEARS FROM COMMINCIMI!NT OF CONSTRUCT1ON) .M. (FOR THE FIRM) E¡83;4. .' D -:-;2.3,,-0'" (DATE SIGNED) . I , NOT \lÁUD WIl)iqdf THE SIGNATURE AND THE ORGINAL RAfS£O SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 #43 PROJECT NO.1 65061 ".w:a. NO. I 723 WII.Mllle¡~·- I"IImIrf ' a--. " ...... ' .".,. ,~~ ' 7IwIIpcrWan CIi:NIIr* KfIodk; m ... . "",.... " .... " ...... " ..... i -.....u.-....,_""*MHIt"1'IMnt ......',.,.......'............... ;'p 22, 2003 - 11:38:~8 I.lI.AMUREIX:\SUR\N801~\QS1.d100.dwll COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION SKETCH & DESCmPTlON 09/20ro PNO.IECT NO.: N607~-~-OOO SHEET NUI/BER: 72:1 OF' XXX Fllf NO.: 2L-812 C1> en TRACT ,0 _____________________________________0 ------- C@§) ~ EXHIBIT A Page..iL of '71 -- GOLDEN GATE ESTATES UNIT NO. 2 P.B, 4, PAGE 75 LEGAL DESCRIPTION A portion of the North 1/2 of Tract 108, Golden Gate Estates Unit No.2, Plat Book 4, page 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LEGAL DESCRIPTION Beginning at the Northeast corner of said Tract 108; thence S.00·28'32"E. along the East line of said Tract. 108, a distance of 165.00 feet; thence S,89·.31'28"W. ,along the South line of the North 1/2 of said Tract 1 08, a distance of 55.00 teet; thence N.OO·28'32"W., a distance of 165.00 feet to its intersection with the north line of Tract 1 08i thence N.89'31'28"E. along said North line, a distance ot 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. ..... LINE L34 L35 DAVID J. FLORIDA L . NO.' '1-/7 -OJ L35 NOTES: t'At<liI:L NU. I nl J I 11685 ~I ~ q a::: <t z « () ........ ~ o a::: o o ...- '-"" .,.... L() C1> ...- L() C1> ~ () a:; I () I L 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00·28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. , 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginnfng. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represen.ts Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE LENGTH 55.00 55.00 FEE SIMPLE INTEREST " {DATE SIGNED) ) . NOT VALID WITHOI,JT,THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB '43 PROJECT NO.1 65061 PNlCI1. NO. : 124 Wil.Mllleï~·- ........ ,---- ,8oaotQøWr " .".".. , ~~ , ~~ KtIon' ... he. .. " 1'IIIt'"'" ' ..... . ..... " T... -_'-.... '...I'Iñ*... ,,,.. .......',.,.....""...........,._ N ~ 150 100 . 200 GRAPHIC SCALE COLL/£R COUNTY D£PARTM£NT OF TRANSPORTATION. SKETCH 4l D£SCRIPTlON 09/200.:J PROJECT NO.1 N60 '~-OO$-OOO SliŒT NUMBER: FlIZ NO.: 124 OF XXX 2L 812 ....IU"\\.A:I- nu. I Ot ( TRACT C@) EXHIBIT A I Page tflf of 7~3.. P.O.B. I, 6 E'· '>.: ~ ~,. L168 P.O.C L1-64 r-r ..... ~ (J) (J) ~~U1 ~. GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ,....... ~ o Q::: o o .- '-'" ;¡ ~ o Q::: -I <: ~ ü TRACT ----------------------------------------------L166 @D ..- L() Q) ...... L() (J) ~ ü TRACT CiI0 ~ I ü L' ~: LEGAL DESCRIPTION A portion of the North 1/2 of Tract 108 Golden Gate Estates Unit No, 2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particularly described as follows: LINE L164 L165 L166 L167 U68 LINE TABLE LENGTH 55.00 165.00 5.00 1 65.00 5.00 BEARING S89'31'28"W SOO'28'32"[ S89'31 '28"W NOO'28'32"W N89'31'28"E Commencing at the Northeast corner of Tract 1 08; thence S,89'31 '28"W. along the North line of Tract 1 DB. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'Z8'3Z"E., a distance of 1 65.00 feet to its intersection with the South line of the North 1 /2 of Tract 1 08; thence S.89'31'Z8"W. along said South line, a distance of 5.00 feet; thence N.OO'28'32"W., a distpnce of 165.00 feet to its intersection with the North line of Tract 108; thence N.89'31'28"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-af-Way. ' 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point af Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 Y&AR8 FROM COMMf!NCEMENT OF CON8TRUCTIOH) , ,I' f:J,.,,, . " ',I" q -;1.3""0,.' . .~. (DATE SIGNED) . ~. ~. . 7' . NOT VALID I WITHOIJJ THE SIGNATURE AND THE . ORGINAL RAtSËD ¡ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICAT~ OF. AUTHORIZATION La /143 ¡~ ,. " N ~]I j 2ð eo 100 200 GRAPHIC SCALE "~ECT NO.1 65061 "ARea. NO. : 724 WII.Mille¡~··- .......'..... ' ~ " .."".,. ,~....... . ~~ WIIcdaIr, M .. "IIIrtAtwr ..... ....... r. .lIIIru..... '..."btu__ ,,... .....,,...................._ Sep 22, 2003 - 11:315:515 IoIlAMURE!X:\SUR\N'lSOH5\IIS1.d100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH"de DESCRIPTION 09/200.1 PROJECT NO.: N6015-005-000 SHEET NUI.4BER: 724 OF' XXX FILE NO.: 2L -812 EXHIBITJ Page 'IS' of 73 PARCEL NO. (,'5 ( ;J . (..:ª~'15J-'-~:r~~6 B ~". o LO 100.09' . ...... ~ ~ ~~ P.O.C. ~ ~ 1 P.O.B. I I en I I I hI o I ci I I ~ I () ------------------------------------------- RICHARD D. AND FRANCIS A. CRAIG O,R. BOOK 2107, PAGE 1174 --------------------------------- LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East. and being a portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more particularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the North line of the Southeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); thence S.02'16'01 "E. along said right-of-way line, a distance of 1,004.15 feet to the POINT OF BEGINNING; thence continue S.02·16'O 1 "E. along said Mne. a distance of 334.72 feet to its intersection with the South line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 34; thence N.89·49'11''W. along said South line, a distance of 64.06 feet; thence N.02'16'01 "w., a distance of 334.71 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of sold Section 34; thence S.89·49'47"E. along sold North line, a distance of 64.06 feet to the POINT OF BEGINNING. Containing 21,422.33 square feet or 0.4918 acres, more or less. '." ),: it·,~ I' .f· .~; DAVfOJ. HY. THE FIRM) FLORIDA pC., NO. f ", '1:.~tÎ-'1~ð:·~~; i. ~'c'OATE 'SIG~iEÞ) '~ .:,'. ., :',. ,,'!:' ' .:\;', . I NOT; YÄLIO· WrrHOt;1l' T~ .SIGNATURE AND THE O~GrNAL 'RAISED SEAI)'OF A F'LO. RIDA LICENSED SURVEYOR ArQl!>'rMAP.PER. . ;, CERtll!l~:rE OF At,JTHORlZATlON, La '43 .~I~.~. . 'j '. '. '"'...~, . I'IIOJECT NO.. 65061 1'ARCfJ. NO. I 131 WiI.Mllle¡~··- 1'IIMn"..... ".... "...,.. '~AI'G'IIIMI . ~~ KfIonI.,,; I1c ,., , ,."...., . ...... . ..... . TtIiJII -_u...... .__IIri*I4DfW.,... ......"."IV .....' ... .......,._ S.p 23, 2003 - 10;~!I:42 MI.AMUREx:\SUR\N!10115\1I~11d100.dwll o o ...... LO (j) ...... '-" ..... LO (j) a:: ü L-j a:: () ~ I I \ L170 LINE L169 L170 LINE TABLE LEN GTH 64.06 64.06 BEARING S89·49~47"E N89'49'1 1 "w NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way, 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. FEf¿ SIMPLE INTEREST I zoo COLUER COUNTY DEPARTMENT OF TRAN$PORTATlON SKETCH & DESCRIPTION 09/200:S pftO..l£CT NO.: N6075-005-000 FILE NO.: 2L-812 SHEET NUWBER: 7:S7 OF XXX EXHIBIT ...A.. p~ '-I~ of '7~ PARCELNO~ ~ . r..:ª~'~J~:~X o l!) 100.09' . .- ~ ~ ~-J'" NO 0..- ui I 1 5 RICHARD D, AND FRANCIS A, CRAIG O.R, BOOK 2107. PAGE 1174 ,......, ~ 0 a::: r 0 0 r .- -....¡ -' .......... .;:.. -....¡ N .... l!) m a::: u L173 LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2107, Page 1174. of the Official Records of Collier County. Florida. being more particularly described as follows: LINE L 171 L172 1173 L174 L175 LINE TABLE LENGTH 64,06 279.71 5.00 279.71 5,00 Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N,a9·51'33"W. along the North line of the South 1/4 of said Section 34, a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16'O 1" E. along said right-of-way line, a distance of 1,004,15 feet to its intersection with the North liné of South 1/2 of the Sauth 1/2 of the Noftheast 1'} 4 of the Southeast 1/4 of said Section 34; thence N.89·49'47"W. along said North line, a distance of 64,06 feet to the POINT OF BEGINNING; thence S.02' 1 6'01" E.. a distance of 279.71 feet; thence N.89'49·11"W" a distance of 5.00 feet; thence N.02'16'O I"W" a distance of 2 79.71 feet to its intersection with the North line of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence S.89'49'47'E. along said North line, a distance of 5,00 feet to the POINT OF BEGINNING. Containing 1398.49 square feet or 0.0321 acres, more or less. NOTES: 1. This is not a survey. ~ß.:>I I I I I \~ o I ti I \ ....J « z <{ u l!) m a::: u ~ BEARING N89'49'47"W S02'1 '0'" E N8W'11"W N 2'16'O'''W 5a9'49'47"E 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E. Florida State Plane Coordinates NAD 8.3/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5, ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. ~epresents Utility Easement. ~UCTION EASEMENT (DURATION: 3 YEARS FROM COMt.ENœMENT OF CONSTRUCTION) DAVID .J~" ,. .Mí·(FOR THE FIRM) FLORIDA. LI .' NO. 58,JA. ' . 'If. "', '3 ":',7~...tl:~J ;: .;~ /(DATE SIGNED) NOTVAIc.IQ. WITH~T'7tHE SIGNATURE AND THE ORGINAL ~g:w ~EAL OF A FLORIDA LICENSED SURVEYÓR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB H43 REVISED PER COUNTY COMMENTS 003/07/05 REVISED PER COUNTY COMMENTS 03/04/05 PROJECT NO.: 6506 7 PARCEL NO. : 7 J 1 '.~"I !. ~.."'I -.. .1L1III_1fD ."'S".,.""e, PIwvIiItI ~ Eco/øgIIÞI< $wo)'ln '1..øndIœpo Nr:NIat:I:t ~ CotIdanlll Wl/sonMIII6r, Inc. H/IÌII FCI! I/¡M' Sns«r '/hdMm *'" .lJWB;¡¡¡,y~.I\IIt¡w NrfJ/tI.FIDt/d¡¡S4'IJ6.I5Q7"PIr.rM~ Fu2Jø.HWfI ~_,HID1mIr,QI 03/2005 Mar 2<4, 200<4 - 13:015:<4<4 I.4LAMUREIX:\SUR\NI5015\95hdI00.dwg N _.~ !l0 100 200 GRAPHIC SCALE ~ o 2!1 COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKETCH '" DESCRIPTION PflOJECT NO.: N6015-005-oo0 SHEET NUMBER: fiLE NO,: 731 OF XXX 2L -812 RICHARD D. AND FRANCIS A, CRAIG O,R, BOOK 2107, PAGE 1174 o o \16B~ I \ ~ 0 0::: ~ « z \ « u .- Lf) (J) EXHIBIT A .um p~ 'fì om PARca.NO~ ._--------------------------------------------------~ I I ......... ~ o 0::: ~ .......... .- Lf) (J) ~ 0::: U ~ ------------------------------------- 0::: U LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2107, Page 1174, of the Official Records of Collier County, Florida. being more particularly described as follows: Commencing the Southeast corner of the Northeast quarter of the Sautheast Quarter of said Section 34 LINE L295 L296 L297 L298 LINE TABLE LENGTH 83.89 55.00 83.89 55.00 BEARING N89'49'11"W N02'16'01"W S89'49'11"C S02"16'01"( NOTES: Thence North 89'49'11" West along south line of the northeast quarter of the southeast quarter of said Section 34 a distance of 1 00,09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Bouleyard) thence continue along said south line Nprth 89' 49' 11" West 64.06 feet to the POINT OF BEGINNING; Thence continue along said south line North 89'49'11" West 83.89 feet; Thence leaving said south line North 02"6'0'" West 55.00 feet; Thence South 89'49'1'" East 8.3.89 feet; Thence South 02'16'0'" East 55.00 feet to the POINT OF BEGINNING. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 95' (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinotes NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. Containing 0.1058 acres or 4,610.05 square feet, more or less. Subject to easements and restrictions of record. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DAVID J. . TT. P ,.M. (FOR THE FIRM) FL'bR.tDA 'C. NO~ 58.34 -: . ~ . '" .,., - : '3 -:"0 7.~-"~7 ....... r· (DATE SIGNED) f ': ...J - . _. . ',:,.-4. ,....., NOT¡VALlD WlfftO~THE SIGNATURE AND THE ORGINA~ .fW~D '¡'SEAL OF A FLORIDA LICENSED SURVEYO~ t Átilb . MAPPER. CERTIFICATE OF' AUTHORIZATION LB #43 UPDATED PER COUNTY COMMENTS 03/07/05 UPDATED PARCEL NUMBER 01/05 PROJECT NO.: 65081 PARCIL NO. : 931 1.1J'f1 !A t..'f'1. -- .,,-- ..1î'';II,.'',îSr PI-. ~ EœIt1tJIO ~'~ÑIñIICIìt ~~ WfJIOnMIlIIt', Inc. . ,.,,,,.,.,., SIIuiI .hdInDt ,... mI"'~ UlJI» NIp/II, FItIIdI$4tcU6t1To1'11_ ~ 'III Z3U4U7t1 IM-.It _......... Exclusive Access, Parking and Utility Easement ~ o N III~ 2S so 100 200 GRAPHIC SCALE COWER COUNTY DEPARTM£NT OF' TRANSPORTATION SKt:rCH Ie DESCRIPTION 09/200J SHEET NUWSER: 9J1 OF XXX f'ILE NO.: 2L-812. Mar 24, 2004 13:06;44 MLAMUREIX;\SUR\N6015\951 sdl OO,dwg -L214-~ 5 \ hI I . I ~ I q ~ EXHIBIT IA Page t¡g Óf 7~ CON PROPERTIES O.R. BOOK 3004, PAGE ----------------------------------------- t'AKl,;t:L NU. II"") 0( .... I LO ~ en U 0:: ü ~ I I ----------------------------------------------- LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: Commencing at the East 1/4 corner of Section 34, Township 48 South, Range 26 East; thence N.89'S1·33"W. along the North line of the Southeast 1 /4 of Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16'O 1 "E. along said right-of-way line, a distance of 669,43 feet to the POINT OF BEGINNING; thence continue S.02'16'01 "E. along said line, a distance of 334.72 feet to its intersection with the South line of the North 1 /2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1 / 4 of Section 34; thence N.89'49'47"W. along said South line, a distance of 60.05 feet; thence N.02'16'01"W., a distance of 334,71 feet to its intersection with the North line of the North 1 /2 of the South 1 /2 of the Northeast 1 /4 of the Southeast 1/4 of Section 34; thence S.89'50'22"E. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING. Containing 20,081.46 square feet or 0.4610 acres, more or less. LINE L214 L215 L216 L217 L218 L219 LINE TABLE LENGTH 100.09 669.43 334.72 60.05 334.71 60.05 NOTES: \ BEARING N89'5,'33"W S02'16'O'''E S02'16'01"E N89'49'47"W N02"16'O'''W S89'SO'22"E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. . ~ .'.' : ..-' .. ,~, ':,,;';' ,. . , , ;~ P '.' tF0R·,THE FIRM) FLORIQA : . ....NO. 5~4"'. ' " " Of ..;¡;.tf¡ -tJi':' .\;~: .;'?(D~TE SIGNED) '. . f~ NOT VALID W/'!;Iof,QUT THE SIGNATURE AND THE ORGINAL RAISED' SEAL OF A FLORIDA LICENSED SURVEYOR· .AND MAPPER. CERTIFICATE'. OF AUTHORIZATION LB #43 FEE SIMPLE INTEREST ..ftOJECT NO.1 6'061 , ' ...w:o. NO. , 132 WiI.Mllle¡N- ,..,..., ...... '..... ,.....",. '........~ ' ~~ KfIcri8er, tic '*'*' ' "". ' ..... " ..... r... -....,,..... '.AirØr.... ,,,.. ......',.., 1fH4H1J".............. S'P :l4, :lOOJ - 14:17:05 },tWolURE!X:\SUR\N8015\8Shd100.dwg COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION SKETCH & DESC~PTlON 09/200J PROJECT NO.: N6015-Q05-000 SHEEr NUMBER: 1J2 OF XXX FILE NO.' 2L-812 PARceL NU, I -'>~ ~ N .... L220 ;1685 I h\ ~ ~ I Q; EXHfBIT A . Page '19 of 7"3 ------------------------------------ ,,-.. ~ o a:: I .... I . I \ ~ \LJ I~ I I I --;~;~~;:;;~:;~::~~:~~~~-~~~:~~:-------------L224----1 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 3004, page 660, of the Official Records of Collier County, Florida, being more particularly described as follows: ~ ~ N N (J1 VJ '0 o ;i ð CDN PROPERTIES O.R. BOOK 3004, PAGE 660 .... ~ .... L() Q) \ \ Commencing at the East 1/4 corner of Section 34, Township 48 South. Range 26 East; thence N.89'S1'33"W. along the North line of the Southeast 1 /4 of Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence S.02'16'01 "E. along said right-of-way line, a distance of 669.43 feet to its intersection with the North line of the North 1/2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1 /4 of Section 34; thence N.89'50'22"W. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING; thence S.02'16'01 "E., 0 distance of 334.71 feet to its intersection with the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'49'47"W. along said South line, a distance of 5.00 feet; thence N.02"16'01 "W., a distance of 334.71 feet to its intersection with the North line of the North 1 /2 of the South 1 /2 of the Northeast 1 / 4 of the Southeast 1 / 4 of Section 34; thence S.89'50'22"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1 ,672.04 square feet or 0.0384 acres, more or less. LINE L220 L221 L222 L223 L224 L225 L226 LINE TABLE LENGTH 100.09 669.43 60.05 334,71 5.00 334.71 5.00 BEARING N89'S1 ,33"W S02'16'O 1 "E N89'50'22"W 502'16'01 "E N89'49'47"W N02'16'01 "w 589'50'22"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83,(90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat. unless otherwise noted. 5. 6. 7. B. 9. 10. ROW represents Right-of-Way. P ,O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. TEMPORARY OONSTRUCTION EASEMENT JOURATlON: 3 YEARS FROM COM INCIMINT 0' CONSTRUCTION) DAVID ~·l·iy.".~, . " CF-Oft THE FIRM) FLORIDA LI .' .~O,.'~,e3*: . . \. ;' II¡ ~I!q~.;~.., ~i: 'JD~TE SIGNE~) . NOT VALID". WitHOUT ¡'THe' SIGNATURE AND THE ORGIIiIAL RAISED. . S~LOF A FLORIDA LICENSED SURVEYOR ANDMA,pPER. '. CE~TIF!C~TE: OF 'AUTHORI~TION LB #4J . t :.;.,:. .. I"RO..IECT NO.1 65061 I"AACÐ. NO. 732 WII.Mllleï~·- I"IInnIrt , ...... " ...... ' .".... , ~ArcitIIMr " h~..... CIrIIaI1Ir* IWIcnWIw; tic. .... " ,.".. ' IirII* ' ..... ' ,.,. "Mr/A". ....fbta~""... .....,.,..,.&!HØØ'... ......._ Sip 25, 2003 - 115:03:011 I,U.AMURElX:\SUR\NII01:S\II151ad100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCmPTlON 09/200:1 PRO.I!CT NO.: N607~-oœ-ooo SHEET NUMBER: 7:12 OF XXX I'lLE NO.: 2L-812 · N0EXHíŠ!-rElUTHEAST 1/4 J Page SO , of 7.3, CON PROPERTIES O.R. BOOK 3004, PAGE 660 LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East. and being a portion of those lands described in O.R. Book 3004, page 660. of the Official Records of Collier County, Florida, being more particularly described as follows: ...-,.... ,- . -- - o o ~ '-" ~ LO 0) I o I ~ Ii .----------------------------------------- Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89·51'33"W. along the North line ot the Southeast 1/4 ot Section 34, a distance of 100.09 feet to its intersection with the Westerly right-ot-way line of County Road 951 (Corlier Boulevard) and the POINT OF BEGINNING; thence S.02' 16'01 "E. along said Westerly line, a distance of 669.43 feet to its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34; thence N.89'50'22"W. along said South line, a distance of 60,05 feet; thence N.02·16'01"W., a distance of 669.41 feet to it intersection with the North line of the Southeast 1/4 of Section 34; thence S.89'51'33"E. along said North line, a distance of 60.05 feet to the POINT OF BEGINNING. Containing 40,162.62 square feet or 0.922CfEE SIMPLE acres, more or less. INTEREST ,1) ~. DAVID, J.. '.' . ,.~... '.. :;' ¡¡~:;"'{E:'OR TH. E FIRM) FLORIJ)A .P~~,ffO~" ~.4:· - CZ· -;i~~~}~2:·~<DAT~:·SIGNED) '.- >,....~.~!ot'.S1,J: .. NOT VALID, Wt~1i~JlffE :SlåNÀiURE AND THE ORGINAL ·R!<~~(:OF.~A· FLORIDA LICENSED SURVEYO~ ·A~t:I' . MAPPr;R. " CERTF'CA!~ OF AUTHO~TION La (143 "'.. '.. L229 NOTES: I I n e::: I I \ ~ Z <i Ü 85 \ I l \ 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. ~ LO ()) e::: o 4. Easements shown hereon are per plat. unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. eN I 110 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION LINE L227 L228 L229 L230 L231 LINE TABLE LENGTH 100.09 669,43 60.05 669.41 60.05 I'ROJECT NOd .,j .ß~061 , "MCÐ. NO. : 1.3.3 A WII.Mllleï~··- frImn "~ . ~ . .".,.. '........~ . ~c:::a..tnt ~~ ... . ,.,.... ' ..... . ..... r... -....u..... '.I'IrtiI.MIHIt ,,,.. ........,.., 1H4H1If............_ S.p 2.5, 2.003 - 15:03:08 t.lLAMUREIX:\SUR\NS01 5\8511d1 OO.dwg SKETCH & DESCR@TlON 09/Z00J PROJECT NO.: N6015-005-000 SHEET NUIoIBER: 1JJ OF' XXX fiLE NO.: 2L-812 EXHIBIT A. ,..5' of '73.. NOTES: 1, This is not a survey. 2. Basis of beoring is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record, 4, Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P,O.C, represents Point of Commencement. 8. O.R. represents Official Records. 9. L.8.E, represents Landscape Buffer Easement. 1o, U,E. represents Utility Easement. LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R, Book 3004, page 660, of the Official Records of Collier County, Florido, being more particularly described os follows: Commencing' at the Eost 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89·51'33"W, along the North line of the Southeast 1 / 4 of Section 34, a distance of 160.14 feet to the POINT OF BEGINNING; thence N,89'51' 33" W. along said North line, 0 distance of 540,48 feet; thence S,02'16'01" E., 0 distance of 80,07 feet to its intersection with 0 line lying 80.00 feet· Southerly of when measured at right anglès to the North line of the Southeost 1/4 of Section 34; thence S.89'51'33"E. along said line, a distance of 540.48 feet to its intersection with 0 line lying 160.00 feet Westerly of when measured at right angles to the East line of the Southeast 1/4 of Section 34; thence N.02·16'OI"W. along said line. a distance of 80.07 feet to the POINT OF BEGINNING. Containing 43238.25 square feet or 0,9926 acres, more or less. FEE SIMPlE INTEREST . DAVID J; H'1? P:~M. (fOR THE FIRM) FLO~IDA.;LlÇ:' o. 5.B34- ~ 3 ~':(1ðt¡' ,~~:,:;;.1j:fJATE SIGNED) NOT VÀL;(DÁ.~¡J.tl1Ljf·':rHE SIGNATURE AND THE ORGIN~C ,; ~AsEÓ'~EAL OF A FLORIDA LICENSED SURVEYOR ÂND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl. NO. , 1338 W,..,..,···~- PIIrMn E... Eoø/øgIIIIIo BulwJ'CW' ~ÑdIIIIIct1I ~ CotMuII4nII WUscnMIIIsr, Inc, NØI Fott llyn" SøIS&tI '/1IJtIinØJ Tq¡t 3ZOØ&lillyLn,SIAI2r» Nll*f,1b1dt34'OU6OT'PIraII2»liIo4040 FIl2J9.HU711 ~ _,*,"",QW loIar 2<4, 200<4 - 13:011:<4<4 IoILAMUREIX:\SUR\NII015\g51adI00.dwQ AUiŒLNO~ 5 NORTH LINE OF THE SOUTHEAST CON PROPERTIES O.R. BOOK 3004, PAGE 660 C· 951 (100' R.O.W.) ...- ....J CANAL R.O.W. L C.R. 951 LINE TABLE LINE LENGTH L1 160.14 L2 540.48 U 80.07 L4 540.48 L5 80.07 OJ/2005 M~ o 25 50 100 200 GRAPHIC SCALE COLLI£R COUNTY D£PARTM£NT OF' TRANSPORTATION SKETCH 4c D£SCRIPTlON f'Ro.IECT NO.: N6015-005-000 SHEET NUMBER: 1 JJ8 OF XXX rilE NO.: 2L-812 NORTH LINE OF THE SOUTHEAST 1/4 J r N L1 EXHIBIT Å Page. 5d of '7 ~ CON PROPERTIES O.R. BOOK 3004, PAGE 660 -:- ~ o c:: o o .- '-'" \ Lf) Q) r.r ()'1'LN c:: TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENTOFCONSTRUCTK»q \ LEGAL DESCRIPTION A portion of the North 1 /2 of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, and being o portion of those lands described in O.R. 1 Book 3004, page 660. of the Official Records of Collier County. Florida. being more particularly described os follows: ------------------------------------------------ ----- L4 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89· 51' 33" W. along the North line of the Southeast 1/4 of Section .34, a distance of 160.14 feet; Thence S.02'16'01"E., a distance of 80.07 feet to the POINT OF BEGINNING; thence 5.02'16'01" E.. a distance of 589.34 feet tb its intersection with the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section .34; thence N,89'50'22"W, along said South line, a distance of 5,00 feet; thence N.02'16'01"W., 0 distance of 589,34 feet to its intersection with 0 line lying 80.00 feet southerly of when measured at right angles to the North line of the Southeost 1/4 of Section 34; thence 5.89'51'33" E. along said line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 2946.65 square feet or 0.0676 acres, more or less. NOTES: 1, This is not a survey, B I I n c:: I I \ I u \ L-\ \ ...J c{ Z c{ U \ ..- Lf) Q) c:: u \ \ \ 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Floridc State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. p ,O.B. represents Point of Beginning. P .O.C. represents Point of Commencement. O,R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. N ~rll- JII__ o 25 50 100 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L1 1 60.14 L2 80.07 L3 589.34 L4 5.00 L5 589.34 L6 5.00 AVICf JnHY~ ,P.S... (F,OR THE FIRM) FLOR!OA71.10'; NO. 5~34~' ¡ ,-3 ~~q:-fJ5,~~: J ¿<DATE SIGNED) . ,i ~l . NOi'VALJcyi.\lJIfI"!Ð"T "..tHE SIGNATURE AND THE ORGI~At . RAfSE-O SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 REVISED PER COUNTY COMMENTS 03/09/05 PROJECT NO.: 65061 PARCEL NO. : 7 JJ ........- PIIurIItI ~ eøølog/llÞ Sutw)'tn, I..iIndMItlpO MiI4rIctI ~Ø1IIpQ'tIIjcrI ConIuIIIInIJ WllsonMlller. Inc. ,. 'af/,IYftI,,,,,,, '1btInlI Jíq» J2OOBiillyLMlt,$At2l» -'F/cdj¡341ØU607'P/rJII 1J.f4~ Fu 2JØ.14U7t1 ~ IIIIIP.__,.:m/ loIor 24, 2004 - 13:011:44 MlAMUREIX:\SUR\NIIOI5\1I51tdI00.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4t DESCRIPTION 09/200.1 PROJECT NO.: N6015-005-000 SHEET NUMBER: riLE NO.: 7.1.1 or xxx 2L -81 ~ EXHIBIT A _ Page 53 of ?~ WATERWAYS JOINT VENTURE IV O.R, BOOK 2924, PAGES 3011-3012 r"1'V"'\"""'" ''W'oI'. 1 J-' \16 B 5 I I hI ..... ~ q ~ b o .- ........,. \ \ ~ o .- LO Q') .- LO Q') I ~ I W ~ o LJ I I -lJ1JL~--L P.O.C. ---------------------------------------------- LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R. Book 2987. Pages 3011-3012, of the Official Records of Collier County, Florida, being more particualrly described as follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'S1'33"W. along the SIJuth line of the Northeast 1/4 of said Section 34, o distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); thence N.02'15'04''W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1 /2 of the South 1 /2 of the Southeast 1/4 of the Northeast 1 / 4 of said Section 34 and POINT OF BEGINNING; thence N,89'52'03"W. . along said South line, a distance of 65.06 feet; thence N.02"15'04"W., a distance of 3:34.79 feet to the North line of the North 1/2 of the South 1 /2 of the Southeast 1/4 of the Northeast 1 / 4 of said Section 34; thence S.89'52'43"E. along said North line, a distance ot 65.06 feet to its intersection with the Westerly right-of-way line of said County Road 951; thence S.02'15'04"E. along said right-of-way line; a distance of 334.80 teet to the POINT OF BEGINNING. Containing 21,763.18 square feet or 0.4996 acres, more or less. "'j". , O'Avio J, H .. ,. P. _... FOR THE FIRM) FLORIOA LI , :NÖ. 56;;J4 ;.'.{ ¡ ,.' ' . .' . '1 :~t9-Cf·';"O J" .;.t" "~DATE SIGNED) ". I.:~ NOT 'YAL,IO WITHOUT THE SIGNATURE AND THE ORGfNÂC,! RAISED ,SÈAL OF A FLORIDA LICENSED SURYEVOR AND MAPPER. CERTIFICATE OF AUTHORIZATION L8 /143 PROJECT NO.1 65061 PARCEL NO. I 135 WI_Mille¡~'- I'fImwt 'ewNn' ___..".,., ~~. ~QmIå Wkri8r, ~ .... ' ""'...." , ..... ' ...... ... ."",u.-.... '... "*... ""., ..... 'I"u ",.,."", .. ......._ Sep 23, 2003 - 11S:0ð:02 t.lLAMUREIX:\SUR\NIS01ð\lIð1ed100.dw9 \ LINE L178 L179 L180 L181 L182 L183 LINE TABLE LENGTH 100.09 334.81 65.06 334.79 65.06 334.80 BEARING N89'51'33''W N02'15'04"W N89'52'03"W N02'15'04"W 589'52' 43"~ S02'15'04"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Ut1lJty Easement. FEE SIMPLE INTEREST N ~ DO 100 200 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKE:TCH 4l DESCRIPTION OØ/200:1 PRo.rECT NO.. N60 7 !J-OO!J-OOO fiLE NO.: 2L -812 SHEET NUIoISER, 1:15 OF XXX ~ <..) LJ L 186 I I ---------------------------------------------L187--~~ I ~ \__LUi4..___~ \~ LINE TABLE LENGTH 100.09 334.81 65.06 5,00 334.79 5.00 334.79 EXHlelT-L Page.5LJ of? l.. :;/ L189 -- L_ WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 ï ï ~ ~ CD lO CD 0 ~ ~ I I P.O.B. \ LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more particualrly described os follows: LINE L184 L18S L186 L187 U88 L189 L190 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'S1'33"W. along the South line of the Northeast 1 / 4 of said Section 34, a distance of 1 00.09 teet to its intersection with the Westerly right-ot-way line of County Road 951 (Collier Boulevard); thence N.OZ'15'04"W. along said right-of-way line, 0 distance of 334.81 feet to the South line of the North 1/2 of the South 1/2 of the Southeast 1/4- of the Northeast 1/4 of said Section 34; thence N.89'52'03"W., 0 distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.89'5Z'03"W. along said South line, a distance of 5.00 feet; thence N.02'1S·04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1 /4 of the Northeast 1/4 of said Section 34; thence S.89·52' 43"E. along said North line, a distance of 5.00 teet; thence S.02'1S'04"E.; a distance of 334.79 teet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. NOTES: I""AI'(\.#CL n\J. I.,..;;) 2685 I \1 \ ~ ~ a::: ---=- ~ q ~ o o ..- ......... I ~ I LJ ..- 10 0> \ BEARING N89'S1'33"W N02'1S'04"W N89'S2'03"W N89'S2'03"W N02'1S'04"W 589'52'43"E S02'15'04"E 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02"5'04" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ., , '. /~p... '. (FOR THË FIRM) FLORIQA u. NO::J5B~4 q , ).q 1r/:J :S' ~. (DATE SIGNED) .~. -~~... . NOT VALID WITHOUT'THE SIGNATURE AND THE ORGINAL RAISED, SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . '. CERTIFICATE OF' AUTHORIZATION' La '43 ~~ECT NO.1 65061 ~AIICE1. NO. I 735 WII.Mllle¡~··- .......'......' ~,.,."..'........~. ~~ KJlcriIlw; œ -- ' ,.,,- ' ...... . .... ' ,.,. -_,..... ·..../IrtIIMHIIù '/'laJlIi!HiN)fØ,IIu 1IHlHlII............_ Sep 23, 2003 - 111:0:5:02 ItlLAMUREIX:\SUR\NS015\II:5hd100.dwg COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH 4& DESCRIPTION 09/200J PROJECT NO.1 N6015-005-000 SHEET NUMBER: 7J5 OF XXX FILE NO.: 2L -812 l- V) ~ c.o C"l "- Lu f'IJ c..~ i") :z :.:::,.\ ~ l') -LO Z Lut"J - o::t"J .. LuQ ~ :::::JU) ogs \-W ~ 5~ ~l') 0 Cf) QCt: >(i CO t::::l') ~ 2:~ "'t- ~z -C"\j CL ~- OOJ ~a --:>C"\j - U)~ :r: ~::c U) Q Z ~g :s: 0 0:: CO I- l¡J \-. ~ :'(Ct: f'I) ~O :z 0 f:: u l¡J U) \ I LEGAL DESCRIPTION A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being 0 portIon of those lands described In O.R. Book 2924, Pages 335-337, of the Publrc Records ot Collier County, Florida, being more particularly described as follows; Commencing at the Northeast corner ot Section 34. Township 48 South, Range 26 East, Collier County, Florida; thence N.B9·55'.30"W., a distance of 1 00.15 fset to a poInt on the Westerly r.lght-of-woy line of County Rood 951 (C.R. 951)¡ thence 5.02·15'04"E. along sold Westerly line, a distance of 669.62 feet; thence N.89'54'27"W., a distance of 65.015 feet; thence S.02·15'04"E., a distance of 628.88 feet to the POINT OF BEGINNING; thence continue S.02'15'04"W. along sold line, a distance of 111.00 feet; thence S.B7'44'56"W., a distanco of 36.00 fBet; thence N.02'15'04"W., a distance of 111.00 futi thence N,87'44'56"E., a dIstance at 36.0 et to the POINT OF BEGINNING. Contol n9 ,996.00 square feet or. 0.0917 acre , mea I AMDREW B. BECK, P .S.M. (FOR THE FIRM) FLORIDA LlC, NO. 6065 /~~ 3-- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE DRGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 I'IIOJECT NO.1 65061 739 WII~nMlllè¡~··W- ,.",.... ~ ....... . a.rw,-, ~~ '~c-I'" ~ tJc. MuiW , ,., I6wJ ' ..... . h.Wiø, r.,. -WIt,.... ·,....IbìIaIØØ '!tin ~'I'u 1HHlJ. ~............ S.p 2!5, 2003 - H5:03;OD I.jLAI.IVREIX:\SUR\NIIOI !5\D!5 \ad1 OO.dwg 10/200.1. I I NOTES: L289 ----- PARŒL NO. . I ~'1 1685\1 I I ---Ci87---~C. \ NORTHEAST \ CORNER ....- '7' ~ SECTION 34 ex> I I I I \ \ ~I \ ~ ~ I I \ ,-... ~ o 0:: I I I I ,.... o II) ~ \; \ ~ I Lj ü~ 1 1. This is not a survey. 2. Basis ot bearing Is the West line ot County Rood 951 (C.R. 951) being S 02·15'31" E, Florida state Plane CoordInates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrIctIons or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. 6. 7. 8. 9, 10. ROW represents Right-at-Way. p ,O.B. represents Point of BeginnIng. P.D.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. repreeente Landscape Buffer Easement. U.E. represents Utility Eassment. LINE TABLE LINE LENGTH L267 100.15 L2BB 669.62 L2B9 65.05 L290 828.88 L291 111.00 L292 36.00 N L29.3 111.00 l29+ 36.00 .~~:~ , . . :1A~S FROM 21 10 100 . MINT OF Ei)NSTRUCTlON) GRAPHIC SCALE COWER COUNTY DEPARTMENT OF TRANSPORTATION SK£TCH de DESCRIPTION DRNEWAY RESTORATION E:ASEMENT PROJ£CT NO.: N6015-005-000 SHaT NULlBERI 7.19 . OF XXX FILE I0IO.: 2L-812 I \ \ \ Tract "A" \ I CAMDEN COVE PLAT BOOK .39, PAGES \ \ 24-25 L ]d ~, B.E. NORTH LINE OF SECTION 34, TOWNSHIP 48 S. RANGE 26 E RICHARD R, YUREWITCH O.R. BOOK 1533, PAGE 182 589'54'58"E 60.05' NORTH LINE OF THE SOUTH 1 /2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191. PAGES 1706-1707 PARCEL 140 If) w '-' we:( >CL · 0 - PU~~ .....z I uw~~ OOON ....~O f-e:(CD U ~ CL 20' BE. 10' Pl E. I I - \ m r---- '<t I t") t") I w \ '<t 0 úì N 0 if) POB ~ o ~ \ I II II 'I II II \ I REVISED TO REVERSE BEARING CALL PROJECT NO.1 6506 7 PARCEL NO. : 1-26-05 740 o o ....-I .......... ....-I l{') (j,) ~ U '-'" ....-I LO 0) ~ o p:: i: z :::> o u FEE SIMPLE INTEREST n \ WII.Mil/e¡-··- ,.""",.. fn$II'lHIW EDOkIQI.1P SlIMyotII, ~ ÑIi/II/I/(:Ø TrunlporWlo/' Co1IIuiI4n/J WiJsonMi//er. lnc. NfpW FØlJ./¡IfI1' SIIIIOU ,1hIfMÞ _ SlOO/WIyLw.$uIIN» Nl¡¡/tf.FIIIrldI3(tOUSlJl'PII,,,'1»64P-4010 fll1SU4U1f1 Wù-SIIt _1IIImnIIr... loIor 24. 2004 - 13:015:44 IoILAMUR£IX:\SUR\NI501~\1I51.dl00.dwc, ~ o ~ \ I t \ rl'V'\.A:L. AU U .....:I <t Z < U I 200 EXHIBIT .1L Page. q, of .?~ 1685 NOTES: ....-I l{') 0) 1, This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinotes NAD 83/90. East Zane. 3. Subject to easements, reservations and restrictions or record. 4, Eosements shown hereon are per plot. unless otherwise noted. 5, ROW represents Right-at-Way. 6. P,O,S, represents Point of Beginning. 7, P.O.C. represents Point of Commencement. 8, O.R. represents Officio I Records. 9. L,B.E. represents Landscape Buffer Easement. '0. U,E. represents Utility Easement, 11. B,E. represents Buffer Easement. 12. P.U,E. represents Public Utility Easement. 13, S.U.E. represents Special Utility Easement. ~ U DESCRIPTION: A portion of Section 34. Township 48 South, Range 26 East, Collier County. Florida, also being a portion of those lands described in O.R, Book 1191, Pages 1706-1707 of the Official Records of Collier County, Florida; being mare particularly described as follows: t I \ Commencing at the Southeast corner of Tract "0", Camden Cove as recorded in Plat Book .39, Pages 24-25 of the Public Records of Collier County, Florida and also being 0 point on the North line of Section 34, Township 48 South, Range 26 East; thence South 02'15'04" East, along the Westerly right-of-way line of County Road 951 (C.R, 951), tor a distance of 334,79 feet to the POINT OF BEGINNING; thence South 02'15'04" East, along the Westerly right-at-way line of County Rood 951, for a distance of 334.79 feet; thence North 89'54'27" West, for 0 distance ot 60.05 feet; thence North 02'15'04" West, along 0 line 60,00 feet Westerly ot and running parallel with the Westerly right-of-way line of County Road 951. tor a distance of 334.79 teet, to 0 point located on the North line of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4; thence South 89'54'58" East, along the North line at the South 1,/2 at the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4. tor a distance of 60.05 feet to the POINT .OF BEGINNING. Containing 0.46 acres. more or less. DAVID J. HY. , FLORIDA LI . NO. ¡- ;2., - tJ5· .~.. (DATE SIGNED) CUENT. NOT VALID WITHOUT THÈ"'~:¡IGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIfiCATE OF AUTHORIZATION LB 1/43 COLLI~R COUNTY D~PARTM£NT OF TRANSPORTA TlON TiTlE; SKETCH ðc DESCRIPTION DATE: 07/200.1 PROJECT NO.: N6015-00!5-000 SHEET NUMBER: 40 OF XXX FILE NO.: 2L-812 ~ \ 0 ~ - 0 0 ...... SOUTH LINE OF THE NORTH 1/2 --. OF THE NORTH 1/2 OF THE ...... NORTHEAST 1/4 OF THE \ LD NORTHEAST 1/4 0) N89'54'58"W ~ 60.05' t) ........" ...... RUBEN A. & ROSA ·Ft. LD HERNANDEZ 0) O.R. BOOK , 191, ~ PAGES 1706-1707 0 p:: I ~ I \ 0 u REVISED 10-13-03' - REVISED DESCRIPTION 65061 PARCEL NO. : 142 WII.",lle'·- I'IIMn . ___ . ~ ....... '~ÑfNMIIII . ~0cnUIII* KfIønUIIr; be. .... . "".. ' ..... " .... " -- -_~"ØI"_I'Iriå__ '''-II/H4HJIJ.1'il J»f4H/II'...... - I r.. SIp 2:1. 2003 - 1:1:03:0; IoI!.AMURE!X:\SUR\N001S\;S1Id100.dwg I I· I I II II \ \ Tract "A" I, CAMDEN COVEl PLAT BOOK 39, PAGES . 24-25 I I ----- \ \ II \ \ S89'55'27"E 1\ ~ 60.0~ -l';-B.;- RICHARD R. YUREWITCH O.R. BOOK 1533. PAGE 182 PROJECT NO.1 a I- U <t: ~ - 20' .E. -10' .U.E. (/) w C-' ~~ I 0 _ pü~~ .... Z ,/ I Ul.J.J""-~ OOON '-:::EO !-<{CD Ü ~ 0... EXISTING WEST LINE (;t:L NU. 17 I EXHIBIT I Pa~ 51 of ì3 17 - - 1:= o p:: ~ ~ t) + 1685 3M I tlO 100 200 GRAPHIC SCALE ...... LD (j.) P:; U NOTES: \ 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 02·15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.0.8. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34. Township 48 South, Range 26 East, Collier County. Florida and also being a portion of those lands described in O.R. Book 1533, Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: I I \ BEGINNING at the Southeast corner of Tract "D", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South. Range 26 East; thence South 02'15'04" East, along the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet. to a point on the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89·54'58" West, along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a distance of 60.05 feet; thence North 02'15'04" West, along a línå 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet; thenc::'ë'Só(ûth 89'55'27" East, along the South lin~,:of said Camden Cove, Tract liD", for a di~ãnc:e of6Q.t05 feet to the POINT OF BEGINNING..::-- .~. Containing 20,087.70 more or less. feet- or 0".4612 ,qéres, I I FÉE SIMPLE ,NTEREST ANDREW B, BECK, P:.is,.~. (FO~ THE FIRM) FLORIDA UC, NO, 606!$:,. '. , ' /4hý~ (~~TE'SíGNÊD) ,.',' NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION CUENTI TITI.E: SKETCH & DESC~pnON DATE: 07/20O.J PROJECT NO.: N6015-005-000 SHEET NUIISER: 42 OF XXX FILE NO.: 2L-812 I 10~B,~ -1 POS II II .\ \ \ I II II ~\ 11 \ I II \ \ JJ (/) w C-' w« >0.. · 0 . p()~~ .....z"'l uw...... OOON ....:::EO !-«CD () ~ CL a l- V <C ~ Tract "A" CAMDEN COVE PLAT BOOK 39. PAGES 24-25 20' BE. 10' P. .E. NORTH LINE OF SECTION 34. TOWNSHIP 48 S. RANGE 26 E S89"55'27"E 5.00' Z (j) o 0 ~ ~ ~ ~ U1 U1 o 0 -t>- -t>-: :E: fTl EXISTING WEST ROW LINE ~ RICHARD R. YUREWITCH O.R. BOOK 1533. PAGE 182 PARCEL 742 VI VI -t>- --..¡ lO \ N89'54'5S"W 5.00" SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1 /2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 \ RUBEN A. & ROSA H. HERNANDEZ O.R. BOOK 1191, \ PAGES 1706-1707 tEWOAAIW ~ CONSTRuctiON I!AI"" , (DURATION: 3 YEARS FROM ~ COMMENCEMENT OF CON8TRUCTION)\ ~ \. ..8 I I I I , II REVISED 10/13/03 REVISED DESCRIPTION PROJECT NO.: 65061 P.w:1L NO. : 742 WII"llle¡~··- ,.,.,... , -..-. " ~ "..,.,.,... . ~~ " J'hInIpridIn ~ WIIcri8'It; tic. ,.,., . "",.... . .... " ..... . ... .,...,,..... '.,Wllle". 'ilia &tHHJØ"IU 1IH4H1J"............. Sip 2:5, 2003 - 1:5:03:011 IoILAMURE!X:\SUR\NBOH5\1I51.d100,dwg . rv,~ ....-. 0'- I EXHlelr-4- líJ Page S!_of 71- \ ~ o I ~ 1 ~ ~ D ...... lD 0) p:; t.) \ ~~ tiïª 15G ~¡x o z \ 'I1T1.£: + N TIII.~ 2& &0 100 200 GRAPHIC SCALE 1685 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'04" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida. being a portion of those lands described in O.R. Book 1533, Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "A", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida and also being a point on the North line of Section 34, Township 48 South, Range 26 East; thence South 89'55'30" East, along the South line of said Camden Cove, for a distance of 5.00 feet; thence South 02'15'04" East, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 334.79 feet, to it's intersection with the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4; thence North 89"54'58" West along the South line of the North 1/2 of. the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a distance of 5.00 feet; thence North 02'15'04" West, for a distance of 334.79 to the POINJe, OF BEGINNING.,'" Containing 1,672.70 square fe~f:~rO,03a4 acrell,. more or less. " , . cuom t24JiJ. ANDREW B. BECK, P·;~M. (FOR THE FlRM) FLORIDA UC, NO. 6065 /¥~~. . (DÁte: SIGNEOY""" NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSE SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 COLLI~R COUNTY D~PARTM~NT OF' TRANSPORTATION ¡I: 0 ~ 0 I 0 \ ...... --. \ ...... LD 0) ~ D ........" ...... lD 0) "t" I,ll SKETCH dt DESCRIPTION TEJ/PORARY CONSTRUCTION EASEMENT DÞ.TE: 07/200J PROJECT NO.: N6015-005-000 $HaT NUMBER: F1l£ NO.: 42 OF XXX 2L-,81J. All R. GHAHRAMANI, M.D. O,R. BOOK 1422, PAGE 1906 13= 0 ~ . 0 0 ,...¡ ..--- ...... LD 0) ~ U '--" ...... LD 0) (/) ~ w ~ 0 ~Cl.. ~ · 0 . °UO!LO · rrJN ~ .....Z~I ow ~ ooO~ Z ~~O I- co Þ ~ 0 U Il.. 10' CAMDEN COVE PLAT BOOK 39, PAGES 24-25 o I- o '<J::: ~ S 02"16'20" POC EXISTING WEST ROW LINE -- ----- PARCEL 743 \ \ I I \ \ \ \ \ \ \ \ I II I \ \ \ II --1J a I- U '<J::: g: Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 í10~E._ T-- PAKct:L NU. . 1'-1 ~ I EXHIBITL 'aage..2LOf '/~ \ ~ \ ~ I ~ 0 I 41685 3M ~.LJI 2/1 IiO 100 GRAPHIC SCALE ~ ~ U ...... LD 0) ~ u \ \ I I \ I I \ I I \ 65061 I'ARCEL NO. : 743 Wil.Mille¡~·- ,..,..,." -..-. "...... ,.,.,.. "~An:MIÅI "~~ KfIønt...., tn .. ' ,.,.... " .... . ..... .1IiIpI ..,,,,,,~... '''''1Iri* __ ",., ....... "F'tIIIHCH1II' .... ........... S.p 2ð, 2003 - 1/S:03:011 MLAMURE!X:\SUR\NII015\II/shd100.dwg Commencing at the Northeast corner of said Tract "A"; thence South 02'15'33" East. along the Easterly line of said Tract "A", for a distance of 11.56 feet to it's intersection with the North line of said Access Easement & Drainage Easement #1 and the POINT OF 8EGINNING; thence continue along Easterly line of said Tract "A", South 02"15'33" East, for a distance of 69.00 feet to it's intersection with the Southeast corner of said Access Easement & Drainage Easement #1; thence 34.53 feet along the South line of said Access Easement & Drainage Easement #1, and along the arc of a circular curve concave north having a radius of 538.00 feet through a central angle of 03"40'40" and being subtended by a chord which bears North 89"58'14" West, for a distance of 34.53 feet; thence North 02'15'33" West, for a distance of 74.24 feet, to a point on the North line of said Access Easement & Drainage Easement #1; thence 35.14 fe,et along the North line of said Access Easement & Drainage Easement # 1, and the arc of a circular, ~t,.I~' . concave south having a radius of 469~'ØO!eet j through a central angle of 04"17'3~" ?¡:Id ~~!ngt' '. ~ " subtended by a chord which beÇ1f11,'·So~t9.;,·~,1"24 46'! 1', East, for a distance of 35.13 f~ ,to <ct~, POINT¡ OF '':, BEGINNING,~"'·) . :·h' i<, .-:2 "', ~~. /.~:;~..., :g~!:~' ~;.i~, ~:,., ...~ ~ feet r b f)1.~; acre'.':) l1Ìore~:<t 'f.'..,.',' '-K" I . i',· ..t' :~~~> f::,"'~ ...;. r¡ \ ANDREW B. BECk, P.s.M.~. (FOR "THE FIRM}' ~.ç,: FLORID'Ì':LlC, NO. ~065, ,.. ,'~,\'" ~A--'P~ /ð//3Ø 2'''' (DATE ·stG~~)'·,~·:/' REST"",", """'.. MJ¡n · # '" çI::::. ..., RICHARD R. YUREWITCH (CUAATtON: 3 YEARSP'RC)W '~OT VALID WITHOUT THE SIGNATU~~'AND Tj.¡Ë' O.R. BOOK 1533, 'PAGE 182 COMMENCEMENT OF C9NI'M~N) ORGINAL RAISED SEAL OF A FLORIDA LICENSED ·'r- SURVEYOR AND MAPPER. . CERTIFICATE OF AUTHORIZATION LB H4J COLLIER COUN7Y DEPARTMENT OF TRANSPORTATION I'IU).,JECT NO.: I 200 CURVE TABLE CURVE LENGTH RADIUS DElTA TANGENT CHORD c .&3 1 .7 4 C .4 4. . NOTES: CHORD BtARlNG 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida 1 State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11, B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of the Access Easement & Drainage Easement #1. Tract "A", Camden Cove, os recorded In Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being more particularly described as follows: I I \ Containing or less. CUENT, 'TITI.Ð SKETCH 4l DESCRIPTION DRIVEWAY RESTORATION EASEIrIENT MTt: 07/200:1 I'ROJtC' NO.: N6015-005-000 SHEET NUIABER: 4:J OF XXX FILE NO.: 2L -812 INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 r 10' U.E. Tra 1 "A" INDIGd LAKES DRIVE Tract "0- 1 " All R. GHAHRAMANI. M.D. O.R. 8001< 1422. PAGE 1906 North line of North 1/2 of North 1/2 of South 1/2 of Southeast 1/4 PARCEL 146 All R. GHAHRAMANI. M.D. O.R. BOOK 1422. PAGE 1906 P.U.E. S.U.E. 20' B.E. CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10' P.U.E. ~ ~ ~Il.. b°oilO . UI'1N õi5~J. EO ON ~ðg ~ 0.. POB --. ...... LD 0) ~ U ........" ......~ LOO 0)¡:t:4 ~O O~ ~ ~ o u REVISED: August 9, 2004 REVISED: August 4, 2004 'IIC.IECT NO.: 65061 PARCEL NO. : 146 WiI.,Mille'··-- PrwInn ~ EooIøgI,tÞ Sut\I~" LtndlQpf Ná1Jte¡;Ø TranIpoMIIon CcrIwItamI WiI&onMlller. Inc. ,. Fott llyn, SIiøD"1hItnn .... J2fJO B""r In. Suit 2Of. ,., ~ 34IIJUMT· PItart ZJU4UND Fa nuø"", .... _.IIIImnirIr.AIII \.lor 24, 2004 - 13:011:44 \.IIAMURE1X:\SUR\NII01~\8~"d100.dw\l I I \ ~ o ~ ~ ~ c..;> ...... I.D 0) \ \ \ \ CUM: 11TI.E: OATE: 07/200J PARCEL NO. EXHIBIT f\ Page~of7~ o +16B5 N J II I 50 100 GRAPHIC SCALE r ¡ 11 200 NOTES: ~ c..;> 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions or record, 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P,O.B. represents Point of Beginning. 7, P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 1 1. B.E. represents Buffer Easement. , 2. P,U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 27, Township 48 South. Range 26 East, Collier County, Florida. also being a portion of those lands described in O,R. Book 1422. Page 1906 of the Official Records of Collier County, Florida; being more particularly described as follows: Beginning at the Southeast corner of Tract "D- 1" as shown on Indigo Lakes Unit One. as recorded in Plat Book 34, Pages 76-84 of the Public Records of Collier County, Florida; thence South 02·15'33" East, along the West right-of-way line of County Road 951 (C,R. 951), for a distance of 671.55 feet, to the Northeast corner of Tract "D", Camden Cove as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; thence North 89· 55' 47" West. along the North line of said Tract "D", for a distance of 60.05 feet; thence North 02'15'33" West, along a line 60,00 teet Westerly of and running parallel with the Westerly right-of-way line of County Rood 951 (C.R. 951). for 0 distance of 671.55 feet, to a point on the south line of Tract "D-1" as shown on Indigo Lakes Unit One; thence South 89·56'00" East, along said South line for a distance at 60.05 feet to the POINT OF BEGINNING. Containing 40292.98 sq. feet or 0.92 åcr~, more or less. FEE SIMPlE INTEREST , . /14' " " " ~A: c" ¡". , P. ?'M.'..(FOR'THE FIRM) NO. 583"', ~ .~ &,"-q --ì'f . ~';: ('DATE' SIGNED) ., '{ ,¡ ~ .. . "1;. NOT VALID WITHOUT THE SIGNÀtURE AND THE'. ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. " CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO.: N6075-005-000 SHEET NUMBER: FILE NO.: 46 OF XXX 2L-812 INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 r 10' U.E. w_~~...__ .~ _._ _ ,- ü « ~ POC "0-1 " Tract "A" INDIGO LAKES DRIVE ~....".. .....-...-. 10' (',6,£, r- CO f- <:..) <C. g: ill to to 1") 1") LJj 1") 1") U) All R. GHAHRAMANI, M.D. O,R. Baal< 1422, PAGE 1906 N o Uì 8 EXISTING +.. WEST ~ ROW LINE POB N·ortt~··"lli,·;- of the North 1 /2 of North 1/2 of L24 South 1/2 of Southeast 1/4 PARCEL 746 ~ o ~ (J) CD "<t 1") 1") ~ II t.t) 1") lJ) All R, GHAHRAMANI. M.D. ~ O.R. BOOK 1422, PAGE 0 1906 Z w ; 1") 1") i.J) ..- N o (/) & P.U.E. L23 ~ \ "() ~., ~ ,... ~ I IS +..1 ..,. '" ,... ~ ~ ü ~.I ~ I ~ u 8 +. '" 1)'1 ,... .\ I 8 I- 0" 1ft r- 8 ~ o o ..-1 ---- ..-1 lD OJ ~. I a¡ " I ~ u ......... 8 ..-i + . LO Iò ,... I OJ 20' ~ ~ ..1 CAMDEN COVE . ~~. 0 PLAT BOOK 39, PAGES ~ 24-25 PUcnlO ~ 10' 'I'1N 11i5~..1-· u eOªN I- t-~ 8 u ~ <:( a. ~ EXHIBIT JL page.kL of '7'3 !;:l;5~~ I 200 25 50 100 GRAPHIC SCALE ..-1 LO Q) LINE L23 L24 LINE TABLE LENGTH 5.00 5.00 NOTES: ,. ThIs Is not a eurvey. 2. Ba51s of bearing Is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to ea56ments. reservations and restrIctions or record. 4. Easements shown hereon are per plot, unlese otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beglnnfng. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. repruents Landscape Buffer Easement. 10. U.E. representa Utility Easement 11, B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. DESCRIPTION: A portion of Section 27, Township 46 South, Range 26 East, Collier County, Florida. also being a portion of those lands described In O.R. Book 1422, Page 1906 of the OffIcial Records of Collier County, Florida; being more particularly described 0:1 follows: Commencing at the Southwest corner of Tract "D-1", as shown on Indigo Lakes Unit One. os recorded 1n the Plat Book 34, Pages 76-64 of the Public Rllcords of Collier County, Florida; thllnce South 02'15' JJ" East, along a lIne 60.00 feet Westerly of and runnIng paralls\ with the Westerly right-of-way line of County Rood 951 (C.R. 951), for a distance of 336.66 feet to It's Intersection with the North line of the North 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 and the POINT OF BEGINNING; thence continue along a \Jne 60.00 teet Westerly of and running parallel with the Westerly right-at-way line of County Road 951 (C.R. 951). South 02'15'33" Easl, for a distance of 334.89 feel, to a point on the North \Jne of Camden Cove, as recorded In Plot Book 39, Pages 24-25 of the Public Records of Collier County, Florldc¡ thence North B9'~5'47" West.. along sold North lino, for a distance of 5.00 feet; thenclI North 02'15'33" West, for a distance of 334.90 feet, to a point on tho North line of the North 1/2 of the North 1/2 of the South 1/2 of' the Southeast 1/4; thence South 89'49'14" East, along the North line of the North 1 /2 qf the North 1/2 of the South 1/2 of the Southeast 1/4, for a distance of 5.00 fset \0 the POINT OF BEGINNING. PROJECT Nj).: 65061 mc!I.. NO. I 746 WIISlnMlller .. 1'fImn'.....,'.....' ~jWI' ~~, ~ØarIdMII lWIonUIIM; .tic . ..... ' "'"1M . ."... , ..... ' ,.. .....,~.... '~IIriII'" ,,,.. ~,f'Il........'..................... Jul 11. 2003 - 10;29::~fI K'l'HOMPSOIX:\SUR\N6015\951ed1()O.dlto (DATE SIGNED) NOT VAliD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 COLLIER COUNTY DEPARTMENT OF 'TRANSPORTATION SKETCH de DESCRIPTION TÐlPORARY CONSTRUCTION EASEMENT SCHOOL BOARD OF COLLIER COUNTY O.R. BOOK 1579 PAGES 589-590 20' L.B.E. J INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 r 10' U.E. EXHIBIT L Page-'ãL of ì:;; I ~. """. 0 , Ir{ 16B5 I: o It 10' L.B.E.- Tract "A" . INDIGO LAKES DRIVE SaS'56'OO"E 620.51' " ....., .......~ ~ :"'...:-. ::.·.·.·::-:-:-:·:.·:-:·::PQS· : : : :.~ ~ . ."........,.,.. .,..""........,.. CQ':II: lÓ . ········'·'···',',·C· '.'. 'PARëES)' .... .....,......-:....~ · . ~ ~ . .,..'.............. ...,........,. ....' ....... ........... ....., 819 0 ,......... ......846,..· ......·..~io· ~ . , . , . :':.:.:.:.:':.:.,..':':':...:.:..':.....,.:.:':':.:':':':':':'.~ .~ g:1 g .. . .. . .. AU' R· 'GHAHRA"HNJ' . M'D' .. , .. .. It) ~ , . . . . . . ,. ... MI'\ " .."...,.....:z: It) ........., ...Q:R,·. aQOICl~2Z,.. .PA~.e:..1 ßPß......' ",t:í ~ ~ ' , .. .,. .. ., .. " .......................,...................,(J) ~ ~ ~ u -- "B-1" "0-1" i § , . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . South line of the South 1/2 of South 1/2 of North 1/2 of Southeast 1/4 All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County. Florida. also being 0 portion of those lands desc('ibed In O.R. Book 1422, Page 1906 of the OfficIal Records of Collier County, Florida; being more particularly descrIbed as follows: COMMENCING at the Southeast corner of Tract "D-1 os shown on Indigo Lakes Unit One, os recorded in Plat Book 34, Pages 76-84 of the Public records of Collier County, Florlda¡ thence North 89'56'00" West along the south line of said Tract D-1 for a distance of 60.05 feet to the POINT OF BEGINNING; thence South 02'15'33" East, along 0 I1na 60.00 feet westerly of and parallel with the 'West right-of-way I1ne of County Road 951 (C.R. 95'1), for a' distance of 336.66 feet, to 0 point on the South I1ne of the South 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4; thenc'e North 69'49'14" West, along the South line of the South 1/2 of South 1/2 of the North 1/2 of the Southeast 1/4, for a distance of 700,63 feet; thence North 11'17'18" East, for a dIstance of 341.53 feet; thence South 89"56'00" East, along the North line of the South 1/2 ot the South 1/2 of the North 1/2 of the Southeast 1/4, for a distance of 620.51 feet to the POINT OF BEGINNING. Containing 221764.31 sq. feet or 5.09 acres, more or less. tr-6 "0'1 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43, 'IIOJICT NO.1 6ð061 I>AItCIL NO. I 846 WlI.Mllleïk..- PIIMn E...... EfJtIIoQ/IIt> Sww)'Cltl, LI/I"" ~ Ii'InIpørlaUon CGIIMIIIII.t WU.onMlller. Ino. NIpIø '~IJyIll' &nidi ."..., To/qJf .uoø....,I....... -....Fføjdf!4rOHS4f,I'hIN lJUj,-40/0 'ar tJf.f4J.m, ... _*"'*_ Mar 24. 2004 - 13:081# MlAMURE\X:\SUR\H8015\i511d100.dwg CUENr, Tm..EI . . . . . . . . . , . . . . . ~ It) 0) 700.63 EXISTING WEST ROW LINE ~ ~ ~ ~ lJ ~ ~ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane CoordInates NAD 83/90, East Zone. 3. Subject to easements, reservations cnd restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Bufter Easement. 10. U.E. represents Utility Easement. . FEE SIMPLE INTEREST ~-~ i I '00 100 GRAPHIC SCALE I ~ COLL/éR COUNTY DéPARTMéNT OF TRANSPORTATION SKE:TCH 4l DéSCRIPTlON I>lIo.J£CT NO.1 N6015-00$-000 IHŒT NUMllRI 846 OF XXX i'lL!: NO.1 2L -812 <{ º a:: o ...JO \J...en ,\11 Ç:I Z~ ::)\11 o ü(/) w ~~ ::;a.. ...J O' U~ \11 \J........ o 06 (Yo ê§co co· C:: ...J . 00 o I- U (/) EXHIBIT -1L page-'..L of..2.3.. EXISTING WEST ROW LINE ( ~ o ~ o o '1""'1 ----r 20' L,S,E, -- '1""'1 LD (j;¡ p;: U ........" -1 ;;0 1> (') --\ '1""'1 LD (j;¡ 0 <:: 0 ~ ¡: Z ~ 0 u I TRACT D-\1 INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 _ _ _ C' UE o --- PARCEL 148A Tract "A" INDIGO LAKES .Î DRIVE 10' L.B.E. en o 'en q..... ~w -'~ ~a.. ~Ñ ~~ I- t.?::..:: ·8 C::co ~ci o \ ~ PROJECT NO.: 65061 PARCEL NO, : 148A W.....ï-·-- ~ Eng/nHIw IE~ s.Mw)M' Landa(Jø MiI/to{b KlII1fP011l/1on CMIuR.tntt WlIsonMl//ef, Inc. H"" Fat Uywr' SInIoII.&IdvIrJ ~ JIQ""¡"" UrIW NIpIw, lbidliM'OUS01'/¥/a" nu4140Ø FIX 23U43-61/J 1'IIÞoSRI_Ili'«ønlr.AJIII l.Ior 24. 2004 - 13:011:44 t.ALAIAUREIX:\SUR\Ntl015\951ad100.dwg I I r7 I 0 çx:: I ~ <:: z <: u '1""'1 LD (j;¡ \ CUENT: TITLE: OATE: 02/2005 ~ 1685 N ~ 50 100 200 GRAPHIC SCALE r---. o 25 LINE TABLE LINE L' L2 NOTES: çx:: . U 1, This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 8.3/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-at-Way, 6. P.O.B. represents Point of Beginning, 7. P,O.C. represents Point ot Commencement. 8, O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement, DESCRIPTION: Tract" D-1", Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 74-84 of the Public Records ot Collier County, Florida Containing 900.74 sq. feet or 0.0207 ocres, more or less. \ FEE SIMPLE INTEREST ,; ",\. . DAVIDJ. HYATT P.S:M. THE FIRM) FLORIDA LlC. N ;,58Z4' ;l. -~'f-(J5 ·.....;.:c[)~Ti~IGNED) . , , NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL Of A FLORIDA LICENSE SURVEYOR AND MAPPER. CERTifiCATE OF AUTHORIZATION LB H4J COLLIER COUNty DEPARTMENT OF' TRANSPORTATION SKETCH de DESCRIPTION PROJECT NO.: N60tS-005-000 SHEET NUMSDI: 48A OF XXX F'lLE: NO.: 2L-812 4: o ä:: o ....JO u..m .111 Ç:I zO"l :J~ o UV1 W 0::0 L1J « ::¡a.. ....J o . U~ 111 u....... o o~ 0::0 «0 OCD CD· c:r;: ....J . 00 o :r: u V1 EXHIBIT JL : .....1eL of~ \ I I I I EXISTING I \ Ro~E~iNE \ (~ I 0:: I o o .-I - - ~o' LBET - .-I l{) m INDIGO lAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 C' U.E. a I- o <::( ~ PARCEL 1488 T . t "A' ra.c . INDIGO LAKES t DRIVE . --- ~ 10' l.B.E. I co N89'S6'OO"W 60.05' I- m 0 '01 0 q.... « :iw ~ -"~ ~a.. 4: . c:r;:N ~~ <.:)~ .0 0::0 CD ~ti d FEE SIMPlE INTEREST PROJECT NO.1 85081 PARCEL NO. I 1488 W,..",¡··- ~ E1I(/I1HIt ECClOQ/Ñ' SlI/VfjOJ' lMldtIlllpf NdIbrb 1rIll$pOl1'/Jøn Cc2trtuIIMt" WlIsonM/Hef. Inc. /IIfM Fcrt 41,.,., SIIIIø/r ,hfnrI r.p. J<WlllllrI./N,Ulla\; NlM.fbið¡¡~ØU501·FtøIl23Ulf.j040 FkK 2»843-511' ~ _.II1IcrImiIr_ Mar 24, 2004 - \3:011:44 .,41AMUREIX;\SUR\NII0\5\95hdI00.dwg 0:: u ......." ~ l{) m o <: o ~ ~ ~ Z ::J o u I I r7 I 0 0:: I .....l <: Z <: u \ ~ l{) m . ~ U \ \ CUENT: TITLE: DATE: 02/2005 ~ ....i CURVE TABLE CURVE LENCTH RADIUS DELT TAN [NT CHORO CHORD EARINC CI 46. 3 JI.oo ~1.3~ 43.21 LINE TABLE NE LENCTH IN LI J. 1 NOTES: 1. This is nat a survey. 2. Basis af bearing is the West line of County Road 951 (C.R. 951) being N 02'15'3.3" W, Florida State Plane Caardinates NAD 83/90, East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW ~epresents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. l.B.E. represents landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRIPTION: A portion of Tract .. A', Indigo lakes Drive, Indigo lakes Unit One. as recorded in Plot Book .34, Pages 74-84 of the Public Records of Collier County, Florida; being more particularly described as follows: \ BEGINNING at the Southeast carner of Tract .. Â' , Indigo lakes Drive; thence North 89'56'00" West, along the South right-of-way line of said Tract "A', Indigo Lakes Drive, for a distance of 60.05 feet; thence North 02"5'3.3" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 111.10 feet, to a point on the North right-of-way line of said Tract "A", Indigo lakes Drive; thence South 89'56'00" East, along the North right-of-way line of said Tract" A', Indigo lakes Drive for a distance of 23.48 feet; thence 46.03 feet along the arc of a circular curve concave northwest having a radius of 38.00 feet through a central angle of 69'24'2.3" and being subtended by a chord which bears North 55'21'49" East, along the Northerly line of said Tract "A', Indigo lokes Drive, for a distance of 43.27 feet, to 0 point located on the Westerly right-of-way line of Caunty Road 951 (C.R. 951); thence South 02' 1 5' 33" East, along the Westerly right-af-way line af County Raad 951, for a distance of 1.35.75 feet, to the POINT OF BEGINNING. Containing 6917.64 sq. feet ·or 0;.1588øcres. more or less. D t ,- ."'~." ":. DAVID J. HYATT, .Š..M., 'OR T'tE FIRM) FLORIDA LlC. N;( 5'~34 ~:~'~¡.: . ~ "" -, ' c9 ... d-.t¡ - () f:-· .~ - (DATE. SIGNED) ". ... .": ..~ , I' NOT VALID WITHOUT 'THE SIGNATURE AND THE ORG/NAl RAISED SEAL OF A FLORIDA LlCENSI SURVEYOR AND MAPPER. CERTifiCATE Of AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION \ SKETCH de DESCRIPTION PROJECT NO.: N60t5-005-000 SHEET NUMBER: 488 OF XXX F'~E NO.: 2L -81 ~ ë§ ä:: o ....JO u..0\ .111 Ç:\ zO"l ;:)~ o UV1 w ffi~ :=,0.. ....J o . u~ 111 u....... o 0::':: 0::0 4:0 OCD CD· æ ....J. 00 o :r: u V1 I EXHIBIT .k.. ....~ of..,2L \ I I ~ o ~ ~ o o ~ - ~ l{) m ~ U ......." .... l{) m o < o 0:: ¡: Z ::J o u PARCEL 148C ---- 20' INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 _ _ _ 10' UE. Traêt .. A" INDIGÓ LAKES " DRIVE ' 10' L.B.E. RACT D-1 ---- PROJECT NO.1 85081 PARCEL NO. : 148C CUENTI WI....··- "'" ,..... E.- ~ Su/vItt'Ol 'lafldlapt ÑdtIIfrM ~ CcInIuIIMtI WI/sonMl8sr, Inc. '''TE.' ""^ 'ECT 0 /IIfM Ftitt /Iyfn' .inIØIt ,......, ,.,.. .... ~...... N.: __.u.a /llf*l.I'bIdtM'0UI/J1'l'tø!InH4UIØ FIlnuu.'7I' 1IIIÞa_..........1UII 02/200 Mor 24. 2004 - '3:011:44 LCLAMURElx:\SUR\NIIOIS\SlShd'OO.dw9 0\ o '01 C!.... :iL&.J -"~ ~a.. !Ñ ~~ ~8 .' CD .. .:. "~Ii' . .:. I~·..·. ' " . Q.... " ~ \ EXISTING WEST ROW LINE / .. I I r7 I 0 0:: I .....l <: Z <: u \ .... l!':) m \ \ - - - - - _. ~ 16a, 4 N o 25 50 100 200 GRAPHIC SCALE CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT . CI 4 . CH liD CHOR e IN 43. ~ U LINE TABLE LI LENCTH e RIN 4 NOTES: 1. This is nat a survey. 2. Basis af bearing is the West line ot Caunty Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. .3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless atherwise naled. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRIPTION: Tract "D". Indigo Lakes Unit One. as recorded in Plat Book 34, Pages 74-84 at the Public Records of Collier County, Florida Containing 12269.00 sq. feet or 0.2817 acres, more or less. FEE SIMPLE INTEREST " . . " , , . . h I' ") \> ,... \::. ...i , P" . .; (FO~ :IHE~.f,RÌvt) FLORIDA LlC. NO. "d13 ¡4., ,~,' ,:.' ~:' > '.\.: J.J ~ ", (-c'" .:. ;.. -;2. c¡ - () 5,...> ~.(DATE $I~N'ED) . ... ~ , .. r".. ...j,,~' I, ,', ,- NOT VALID WITHOUT THE SIGNÄTURE AND THE ORGINAL RAISED SEAL OF A FLORIDA" LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 143 COLLIER COUNTY DEPARTMEj OF TRANSPORTATION SKETCH 4t: DESCRIPTION SteET NUMBER: f'1I.E NO.: N601!-005- Ofl.8Cor XX ,2L- EXHIBIT JL '-II.. toto of Î ¿ I I I <.> "I· ~ ~ 0 ~ r; 0 ~ 0 B .-1 ......... ...[ ~ .-1 LD ()) I 0 ~ 4: o ä:: o ci g . . \11 .. I ~(1) ::J~ o ü(/) ld 0:::'-' 11J 4: :3 o. 001", Of' 111 lJ._ ....-- o o~ 0:::0 4:0 000 CD. 0:: ...J' 00 o :r: u (/) 8 ~ â '---" .-1 ~ I ~ ~ .1 o ~ ~ ~ Z ;:J 8 ". I 23 ~ \ EXISTING . ·.1 WEST ROW LINE 8 f· ,... I). I ~, "I 20' L.B.E. '. .....-...... ........-. -.-'-.. ...-.,.-- - -- INDIGO LAKES UNIT ON PLAT BOOK 34. PAGES 76 PARCEL 748 , 6'00" E 48. 4' 64 a l- v <::( g:: ~ 8 .j., ~ .___.f 60.00' \ 8 .. I + .... ~ 10' U.E. ~ O. Ol1) . 0 to . L{')o mtO to P~C Tract "A" INQIGO LAKES " DRIVE, -"- --....--- -~- ( -- 't-- I N 89'56'00" W 48.54' C[) ~ om I-- ~: (.) ." <::( ~ ~ p:: ~Ñ r- ~~ "::.:: ~g ~ti d ~ a f- Ü « ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM , COMMENCEMENT OF CONSTRUCTION) ----..-......__..._ _h.___,._...j I ~ ~ u ~ LD m p:; u . I I 8 _ ;); ~ \ 8 .. \ + ") ~ I 8 '" ,. ~ 8 .... ~ .1 "'OJICT.I 6'081 "AACEI. NQ, I 748 cu I Wlls.,Mlller .. - flAM'" , ~ ,1IooIøt;JII/I ,~)W. ' ~ArWüo" . ~.. ~ lWIønUlIet; m . . .... .' lilt'"' '.... ' ...... ' ,. -1úItu...... 'NIIi41itÌi1" ,,,.,. ........',., l3H4H1II'IIIIH&t.........._ . Jul ò9, 2003 .,.. 10::59:\:5' KTHDIAPsoIX:\SlIR\NßO 1 S\ÐS \id 1 OO.dwg PARCE' NO...::l.!JL +16 B 5 N ~, o 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis at bearIng is the West line ot County Road 951 (C.R. 951) being N 02'15'33" W, Florldo State Plane CoordInates NAD 63/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Eosement. 10. U.E. represents Utility Easement. DESCRIPTION: A portion of Tract "A", Indigo Lakes Drive, Indigo lakes Unit One. as recorded In Plat Book 34, Pages 74-84 of the Public Records of Collier County, FlorIda; beIng more particularly described as follows: CommencIng at the Southeast corner of soid Tract "A", Indigo Lakes Drive; thence North 89'56'00" West, along the South right-at-way line of Tract "A", Indigo Lakes Drive, for a distance of 60.05 feet to the POINT OF BEGINNING; thence continue along the South right-at-way line of said Tract "A", Indigo Lakes Drive, North 89'56'00'.' West, tor 0 dlstancs at 48.54 teet; thence North 02'15'33" West, for a distance of 111.10 feet, to 0 point of the North right-of-way line of said Tract "A", Indigo Lakes Drive; thence South 89'56'00" East, contInuing along the North right-of-way line of saId Tract "A", Indigo Lakes Drive, for a distance ot 48.54 feet; thence South 02'15'33" East, along the line 60.00 feet Westerly of ond running parallel with the Westerly rlg~t-of-way line of County Road 951 (C.R. 951). for a dlstonce of 111.10 feet to the POINT OF BEGINNING. Containing 0,12 acres, more or less. P.. . (FOR THE FIRM) NO. 5834 7 -/'5 'Ð j (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA lICENSI SURVEYOR AND MAPPER. ' CERTifiCATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH k DESCffiPnON. DRIVEWAY RESTORAT1DN EASEMENT CD Nm Il) WI ~:g a..U'I V1W w" 3 0... I"') WI"') ô~ '¢ o 0 L[') ~o CD CD I- ~!;;:o ((J..J -J wa.. n:- - < a ë2 o ...Jo u..01 .ID ~~ ::¡co oil) UU'l W ffi~ 30.. o· U~ u..1D 0"'" 0::':: ~8 OCD CD· ~ ...J . 00 o :r: u V1 "..... N >. ..... ~U'l1 \w'<t -~V1 °::JW 1- ~ -§,~o.. '-0 ~oò 0::1"') '..... CD ::.:: I~o 0:: CD 0 · CD a:J .....w uo..¡..., e :5 f- a.. Pageìof :23 I I \:1= 0 ~ ~ I 0 0 I .-I - r7 .-I f.C':) m p:; ~ U 0 ......." ~ .,....¡ ~ l{) m ~ ~ D 0 .,....¡ ~ l{) ~ m , Z p:; Þ D 0 D I I \ I I I a l- I ü « f:: I I \ . PAROEL 149 20' L.B.E, --ì-- INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 REVISED 10-13-03 - REVISED DESCRIPTION PROJECT NO.: 85061 PARCEL NO. : 149 Wil.Mllle¡···- ,..,... , ...... '1IiIIaICIøI* ' .,.,.. '~ArVIoIIc* ' ~ ~ IØIcnVI«; tic. ... ,."., '.... .......,. -_u.... .-.Itri*.søø.""., ......'FIr 1IHfH1II............. S'P 2ð, 2003 - 15:03:0g IoIlAMURE!X:\SUR\N801ð\8ð1.d100,dwg -- --':O~E,~ CUENTI TITLE: ~TE: 07/2003 . ".,~ '.,,"- , . . NOTES: 1685 1. This is not a survey. 2. Basis of bearing is the West line of County Raad 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record, 4, Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning, 7. P.O.C. represents Point of' Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L193 l194 l195 L 196 DESCRIPTION: LINE TABLE LENGTH 65.05 667.50 65,05 667.50 A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R, Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "R-''', Pebblebrooke Lakes, as recorded in Plat Book 30, Pages 4-12 of the Public Records of Collier County, Florida; thence South 02"5'33" East, along the Westerly Right-of-way line of County Road 951 (C.R, 951), for a distance of 667.50 feet, to the Northeast corner of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 ot the Public Records of Collier County, Florida; thence North 89'56'06" West, along the North line ot said Indigo lakes Unit One, tor a distance of 65.05 feet; thence North 02'15'33" West, along a line 60.00 feet Westerly of and running parallel with the Westerly right-at-way line of County Road 951, tor a distance of 667.50 feet, to the South line of said Pebblebrooke Lakes Phase 2B; thence South 89'56'21" East, along the South line of said Pebblebrooke Lakes Phase 2B, for a distance of 65.05 feet to the POINT OF BEGINNING. Containing 43,387,68 square feet. or Q..995 ,'j acr..2ZL~"'. . ANDREW B, BECK, P.S.M. {FOR THE FIRM) i, FLORIDA LlC, NO. 6065 " .' /¢ø~ (D~~; SIGNED) .. NOT VALID WITHOUT THE SIGN',\TURE AND THE . ORGINAL RAISED SEAL OF A FLORJDA LlCE~SED SURVEYOR AND MAPPER.", .:.., CERTIFICATE OF AUTHORIZATION LB #43 .. + N I ~ 2&1 10 '00 GRAPHIC SCALE COLU~R COUNTY D~PARTM~NT OF TRANSPORTATION FEE SIMPLE INTEREST -- o J llJ~ 2c) SKETCH & DESCmPTlON PROJECT NO.: N6015-005-oo0 SHEET NUMBER: FILE NO.: 49 OF XXX 2L-812 PROJECT NO.: 6'06 7 I'ARÇ£L NO. : '49 Wil..ne¡··~- PIIIInørI E/IItJIM ~. Sulwyo¡¡, ÙI/IdaCIIpI ÀfdIiIII.'ÀI 1røtupoll.l/lon CIwcAanIII . WI/$onMH/er. Inc. ,.. fo~, Sin.IOtI ,~ ". m¡...,¡n, WtJl» .... F/ldUIU'IU501' FtøII.13UIUUC '.23U4U1tf1 IItboSoIr _....- MOl 24, 2004 - 13:06:44 t,lLAMURE!X:\SUR\N6015\951 Idl OO.dwg CD NIX) 111 WI Ydr-- :r:1I1 a..V1 V1W W~ ~a.. 5 _ I") WI") ~ O~ 00 0::0 CD(D W ....Jf- CD5 Ôa.. a.. t- o ,..... N >. .... ~V11 \W"'" -~V1 o~w I 0 :CW« 0> ~ a.. .- 0 ~oå D::I") 'CD .....w~ 1...10 D::CDO · CDCD ......w uo...f- ~ 5 f-- a.. lí) lí) ~ lí) f- o -.J EXHIBIT JL Page.Jzi..of7~ P.O.C P.O.8 r r N -> O-tO o ex> PARCEL 549 L199 ~- r~ 200 -- I I I ~ 0 ~ 0 0 ~ ~ 0 - 0:: ~ I.{') .....l m <: z 0::: <: u u ......." .-I .-I l{) l{) Q) m ~ 0 U < 0 0:: >- e-.. Z ;:::J 0 u I 1-71.00' IN~S:D 5 PARCEL NO. 5"LfCj ~ .o~ i at 0 survey. - 2. Basis of bearing is the West line of Count) Road 951 (C.R. 951) being N 02'15'33" W, Florido State Plane Coordinates NAO B.3/90. East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-oF-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Recards. DESCRIPTION: A portion of Section 27 , Township 48 South, Range 26 East. Collier County, Florida, also being a portion of those lands described in O. Book 1579. Pages 589-590 of Collier County, Florida; being more porticulorly described os follows: Commencing at the Southeast corner of Pebblebrooke lokes Phase 2B as recorded in Plot Book .33, Pages 57 - 5B of the Public Records of Collier County. Florida; thence N.89'56'21"W. along the South line of Pebblebrook lakes Phase 28 a distance of 5.0 feet to the POiNT OF BEGINNING; thence South 02'15'33" East, along a line 65.00 feet Wester of and running parallel with the Westerly Right-of-way line of County Rood 951 (C.R. 951), for a distance of 667.50 feet to its intersection with the North line of Indigo Lakes Unit 1 as recorded in Plot Book 34 Pages 76-84 of the Public Records of Collier County Florida; thence North 89'56'06" West, along the North line af said Indigo Lakes Unit 1 for a distance of 6.00 feet; thence North 02'15'.3.3" West, for 0 distance of 667.50 feet, to its intersection with the South line of said Pebblebrooke lakes Phase 28; thence South 89'56'21" East, along said South line, for a distance of 6.00 feet to the POINT OF BEGINNING. EXISTING WEST ROW LINE :/ \ Containing 4,005.00 squore feet or 0.0919 acres, more or less. .0 -i ,¡ .' # .~ rIR~) , . ~ -1- 01?'(DATE SIGNED) , ;". ,I ,," NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 a I- o « ~ LINE TABLE LENGTH 5.00 667.50 6.00 667.50 6.00 LINE l197 L198 l199 l200 l201 ......ùAL. NON-EXa..U8IVE a.ON NIIJ UI1LI1Y EAlDENT CUENTI COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH cfc DESCRIPTION SIDE SLOPE EASEMENT TITLE: DATE: PROJECT NO.1 N6015-005-000 SHEET NUMBER: 549 OF XXX 02/2005 FILE NO.: 2L-812 I ... CD NtO 111 wI ~r-- :r:u1 a..(/) V1W w~ ~ CL. I"') WI"') ~ O~ 00 0::0 CD CD W ....Jf- CD:) ffia.. a.. Lf) I- a ~ Lf) I- a -I ,,-.. N >. .... ~V11 \W'¢ -~V1 O:)W I 0 :Cwo« C)'I~ c.. .- 0 !:SOÓ 0::1"') , CD ~~~ ~CDO 'CD 0 WCD 1:)a..f- ~ :5 f- c.. - - PARCEL 749A EXHlBrr!-L ,...tl- 4f...23- t7 \~ 0:: I,...:¡ 1< ~ u ~ o ~ o o .-I - .-I l{) m EXISTING WEST ROW LINE 1/ N1S:6 D ~ PARCELNO. ì41,4_ 1. hi ISlJot-' survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAO 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginninq. 7. P.O.C. represents Point of Cammencement. 8. O.R. represents Official Records. DESCRIPTION: A portion of Section 27. Township 48 South. Range 26 East, Collier County, Florida, also being 0 portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier Caunty, Florida; being more particularly described os follows: Commencing at the Southeast corner of Pebblebroake lakes Phase 2B as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N.89'5S'21"W. along the South line of Pebblebrook lakes Phase 2B a distance of 11.00 feet to the POINT OF BEGINNING; thence South 02'15'33" East, along a line 71.00 feet Westerly of and running parallel with the Westerly Right-of-way line of County Rood 951 (C.R. 951). for 0 distance of 667.50 feet to its intersection with the North line of Indigo lakes Unit 1 os recorded in Plat Book 34 Pages 76-84 of the Public Records of Collier County. Florida; thence North 89'56'06" West, along the North line af said Indigo lakes Unit 1 for a distance of 5.00 feet; thence North 02'15'33" West, for a distance of 667.50 feet, to its intersection with the South line of said Pebblebrooke lokes Phase 2B; thence Sauth 89'56'21" East, olang said South line, for a distance of 5.00 feet to the POINT OF BEGINNING. ,I ~ or 0:0766 ~ ~ U l{) ......." m P.O.C .-I 0:: l{) Q) U 0 <: I 0 0:: I Ç: \ z :::> 0 u 1-76.00' I r r N 0 lO 0 CX1 " , ,; r~' ( ;. ", J' ,,',.., ¡ , P. '..: (FOR THE FlRM) . NO. 58.34 /./. .' '/ '_ ,)' ','.1 :.~ ! t' I A. -1- tJ 7 (DATE'SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION l8 #43 TEMPORARY CONITRUCTION EASEMENT O· (DiJRATlON: 3 YEARS FROM COMMENCEMINT OF CONSTRUCTION) LINE TABLE LENGTH 11.00 667.50 5.00 667.50 5.00 CUENT: TITLE: DATEI 07/20o.J LINE l197 l198 l199 l200 l201 fNDIGO LAKELUtilL 1 L 199 PLAT BOOK: 34 PAGES: 76-84 a l- N 0 ~ ¡- .~' g: o U 50 100. 200 . GRAPHIC SCALE REVISED 01-02-05 REVISED 'LOCATION REVISED 10-13-03 REVISED :DESCRIPTION I"lIaJECT NO.: 65061 "AIICE~ NO. : 749A . WII$Milløï"""- ,.,.",.¡" ~ I:~" SlJMIyør., ~ NI:irIIIICII IfIwpon.tlo/l ~ . W/lsonMIU,r, Inc. ... kt/yø,Snrø/I 'hItiIåt 1M.,. mlWtylø.WtoW "..,FltriilJI,DU$Oi,PItJtv¡ 23U4Ø-4Ø1ð ;/III23U4U1" ........ -.IMiIcIMIIIr._ Uor 24, 2004 - \3:06:44 ULAJ.lUREIX:\SUR\NII0\5\951adI00.dw9 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH ðc DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PROJECT NO.: N60 1'-00'-000 SHEET NUMBER: .49.04 or XXX fiLE NO.: 2L-812 _ Pa ID NIX) LO WI ~rõ a..(/) (/)w W~ ~ a... ,..., w,..., ~ 85 0::0 CDID w ä3~ ffia.. a.. -- \ ,.., N :; >. ... ~(/)I IW~ ....5(/) o w I (!) :E:w< O\~ a.. \ @ '-0 ~ ~oò ~,..., .... CD ~ 0:: ¡t::!o ~CDO .. ~ · CDID .....w 0 ua..~ 0 ~ ~ ~ ~ f- a.. ..-.. Ü ~ 1.0 ~ m 1.0 CJ) , ~ ~ Ü ......." U .-I 1.0 CJ) ~ ~ I 0 I I VI 0 \ 0:: \ ~ 0 I u I EXISTING I ï¡~E~iNE \ I PARCEL 74gB + N ~ 110 100 200 GRAPHIC SCALE r-- o 25 ------ I \ I \ ! I \ lLJ Q) -J '0 CN a I- Ü <:( TEMPORARY DRIVEWAY RESTORATION EASeMENT (DURATION: 3 YEARS FROM COMMENCEMENT Of' CONSTRUCnON}- CUENT: '1TI\.E: D4TE: 07/200:S NOTES: 16B5 I"IIOJECT NO.1 65061 P.w:EL NO. : 7498 Wil..llle'···- ,... °ltlllen .1øaIiJsII* . ..,.,... '~ÑåIINIII ' ~ ~ WJIon¡' ....., tic. .... . "".... . ..... ' ....... ,.. _..,.... ·,..IIRiI__·'" .........,.. ....",. ....... A...... S.p 24, 2003 - 14:17:05 MWoIURE!X:\SUR\NB01S\IIS1Id100.dwg 1. This is not a survey, 2, Basis of bearing is the West line of County Road 951 (C,R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easeml!nts shown hereon are per plat, unless otherwise noted, 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7, P.O.C. represents Point of Commencement, 8, O.R. represents Official Rec.ords. 9, L.B.E. represents landscape Buffer Easement. DESCRIPTION: A; portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being 0 portion of those lands described in O,R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described os follows: Cammencing at the Southeast corner of Pebblebrooke lakes Phose 2B as recorded in Plot Book 33, Pages 57-58 of Collier County, Florida; thence N89'56'21 "w. along the South line of Pebblebrooke lakes 2B, a distance of 5.00 feet; thence South 02'15'33" East, along a line 65.00 feet Westerly of and running parallel with the Westerly Right-of-way line of County Rood 951 (C.R. 951), for a distance of 197.23 feet to the POINT OF BEGINNING; thence continue along said line, South 02'15'33" East, for a distance of 125.DO feet; thence South 87'44'27" West, for a distance of 56,00 feet; thence North 02'15'33" West, for a distance af 125.00 feet; thence North 87'44'27" East, for a distance of 56.00 feet to the POINT OF BEGINNING. ' Containing 6,999,92 square feet or 0.1607 acres, more or less. I I \ ,. . , ' \ . DAVID J. HYA . OfFtHE 'FIRM) FLORIDA LlC, 0, 5834' .. q - ~ q -tJ J (ÓA~~;;SIG~'ËD) .. NOT VALID WITHOUT THE SIGNI\TU~EA~Ô THE ORGINAl RAISED SEAL OF A FLO~(ÒA "LICENSED SURVEYOR AND MAPPER. . . CERTIFICATE OF AUTHORIZATION lB #43 I I \ LINE TABLE LENGTH 5,00 197,23 125,00 56,00 125,00 56.00 I I \ LINE L202 L203 L204 L205 L206 L207 COLLléR COUNTY DéPARTMéNT OF TRANSPORTATION SKITCH de DESCRIPTION DRI\fÐfAY RESTORATION E'ASEMENT PROJECT NO.: N6075-005-000 SHEET NUYBER: 498 OF XXX FlU: NO.: 2L -812 Page ,.., ~ 0 ~ . 0 0 .-I - .-I ~ l{) Q:) ~ p:: ~ Ü ......." ~ .-I U LD m .-I l{) ~ Q:) 0 ~ ~ u ~ 0 U EXISTING WEST ROW LINE V CD N() 10 WI ::J:IO o...(/) (/) W l!) Lù ~ l!) ~o... I- :)"j 0 oq- ~ -J l!)g~ 0::8 I- CD CD O~f--: -J CD '5 CD 0... ---1t - ,..., N >, ..- ~(/)I IW"'*" õ~~ 1- ~ ~~a.. '-0 Soó 0::1"') ~CD~ I~o 0::: CD 0 I ffi co .....0..."- ë 3 t- 0... <: o ä:: 9 u..g .10 ~J¡ ::>CX) 010 UV1 W ffi~ 30... o . U~ lo...tl) 0.... o~ ~g OCD CD· 0:: ....J . 00 o ::J: U (/) ï N o c.D PARCEL 749D ---- INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 a ~ ü « ~ ---- I I \ I I \ TEMPORARYDRNBI\Y RESTORATION El-IIMINT (DURAT1ON: 3 Y1!AR8 FROM COMMENCEMENT OF CONSTRUCTION) REVISED.: 10-13-03 REVISED DESCRIPTION REVISED 09 24 03 PRo.¡ECT NO.: 85061 PARCEL NO. : 749D WiI.Mllleï··- ,..,.... . ____ ' ....... ...... ,~~ ' ~ CaIUII* ~_ tic. .... . "".... 4 ..... ........ . .... ._'-..... ·-.NriiloNIHII1 'IfIcnfIllHlHlØ'''' 1IH4H1I............... S'P 2ð, 2003 - '5:03:0~ ~L.AMUREx:\SUR\Ne015\85,.d100,dwg DATE: 07/20OJ CUENT: TITI.E: OLì.l. . r-".~ . ....... o LINE L208 L209 L210 L211 l212 L213 LINE TABLE LENGTH 5.00 591.66 75.84 40.03 74.22 40.00 BEARING N89'56'21 "W 502'15'33" 502'15' 33"E N89'56'06''W N02' 1 5'33''W NB7'44'27"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C,R, 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5, ROW represents Right-of-Way. 6. P,O.B. represents Point of Beginning, 7, P.O,C. represents Point of Commencement. 8. O.R, represents Official Records, 9, L.B.E. represents Landscape Buffer Easement. DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in O.R. Boak 1579, Pages 589-590 of Collier County, Florida; being more particularly described as follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phase 2B as recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N.89'56'21 "W, along the South line of Pebblebrooke Lakes Phase 2B, a distance of 5.00 feet; thence South 02'15'33" East, alang a line 65.00 feet Westerly of and running parallel with the Westerly right-of-way line of Country Road 951 (C,R, 951), for a distance of 591.66 feet to the POINT OF BEGINNING; thence continue along said parallel line South 02'15'33" East, for a distance of 75.84 feet, to its intersection with the Northerly line of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 of the Public Records of Collier County, Florida; thence North 89'56'06" West, alQmL ;he North line of said Indigo Lakes Untt..'.Oñe, fÒ'r;~~ff'.. distance of 40,03 feet; thence ~rth; 02'.15'33" "-""', West, for a distance of 74,22 .!fèetj., the"ctl North' '.' 8744'27" East, for a distan~··øf. 4.o::0e):·feet· tò the POINT OF BEGINNING, ~." .<c" . /::. /, . . r;~'.. ,';~.::. (~?:. " . ", .qùar~ ~O~~C~..~ . ANDREW B, BECK, P ,5-,M.. (FOR, TH~ <FIRM) FLORIDA LlC, NO. 6065""~ . /tØ1b;i.-- (D;':Ë"S((m~Orf:' NOT VAUD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH 4& DESCRIPTION DRMWAY RESTORATION EASEUENT' NO.: N6015-005-000 SHEET NUIIBER: FILl NO.1 490 OF XXX 2L-812 f "' N PARCEL~ 6 "'0 !' EXHIBIT ..A- s; ~ "0 ~i Page, ry:J of 17, -..2> CJI::tI \.of l\)CJ PE88lEBROOKE LAKES PHASE 2B "I""I-i ~ tzj PLAT BOOK 33. PAGES 57-58 III.., tH :;0 0 .. PHASE 28 t:"" 000 .. .AKES . 0- "'0" ' ,GES 57-58 »1""101 i c;') · TRACT C-7 1""1> TRACT C-8 V) " .¡:..I""I )( ,V) ;:.- - j N 64 \ TRACT ~ 63 OT ~ r 6 LOT 65 LOT 66 ~ II it 8 ì Tract" R-'" (Right-at-Way) T PEBBlEBROOKE LAKES PLAT BOOK 30, PAGES 4-12 J r I !s:,"~ !fl~~~ ;f¡fl ~ !f~1 I: ~ ~ ¡d Ii ~I = Jq,~'~ I ¡ : ~ I I f UI i ~ er.l i ~ ~~ ~~ , § ~~ i~ "<~ i~ §~ ~~ ~§ (") ~ ,... Or;; .,,::tj n ~~ 5~ ~E ~ -t ~ä ;1 p\)æ r""-! I I. CO - I\) ~ !:I ! - I. ii QW; III ~ ntnoz ~~~S ~ ~~~~ ( ~~~õ o~~~ ~~ ;~g 'S~:: ~::I: ./¥tF- ' 22 ¡:o ~ ,..,~. i' S;! V) ··e .,;\ ~ . ::! »ë')':> ,'~. 0 ., o z··-i :;0 Z ~»~' J'T1., ,..... .... ': ,1 .JI. "T"t l ".t. j" 0 C'-!Ia ..- ,::I: [D 22:;0 . C') ~. ,.I. ~ ~I"'ì ~z . ~ ': » 8 . . ;¡ij .;,,: tH r-z _,. i:: (')0 ,""""" ~:2 . ~J'T1 o COUNTY ROAD 951 (C,R, 951) 100' ROW £_CoRo 951 CANAL ROW ~ c Z r-r-r-r-('T'I NNNN UIUIUIUI CO"-JOIUI [~ !II ::I . - ° :;' :;' <0 N "-J "-J VI N o rr ~z '¡:"OI'¡:"OI~rrl !'\P!'\P::J: ~g~8 :Þ! OJ r rrl CD ~ z z V) V) _::0 OJoCOo Z 'l~'l~,..... .¡:.......¡:...... '" ~~~UI NtHN' to....cotH -. I I"', 1""I:e:e1""l !II .p "'C:;OCOct°"'--CD º g 'l CÐ - oÕ' ~ ¡¡,.., ZX-'¡:":+'¡:"~"-:-::I9 -iëD~_OI I 0 z o.g. NO;'" Q.. :r CÐ ~ ~CÐ tq_N 1 CÐ V) Z :T_:I;:JOG) ~OI""lCÐCDO~e: G) :!. g ~ '< :r s. _<_Z.. tn ZCÐ-O =:00- z' ..,-::Ie: :T __OS::TCÐ_~CÐ zoõ CÐ :T.... 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CÐ ,!II 3 o .., CÐ o .., :-J ~ ~ c: .þ. ~~ N::!::ON :-- z ::I' ëi" !II 000' ~ - ::I .., 0 "'C "'C ::0 1111"1 .., !1Iõ.:o.CD b Þ 0 !II ° [g¡ -i °coo :T !.(1 ~ :e o (J) -. 0' iii' ~ _II> g Ci' V) UI Ill. .., :T3 _....(J) (J) 0 Q iii' ~ .., C\) (II CÐ - ét-o (1 "0 . ::I 0_ 1J 1J @ 0- ::I .., .., ~. ¡;¡ .., 0 "0::00' 0 (II CÐ (J) .., - II ~ (1 III ~ a õ' a ::I ::I :T Q ::I ::I - ::J co.., (J) o 0 o !II II> UI -. - - -~ .., CÐ ....::1 (J) (J) (/ ::0 p.::I P-3 n_<O c: ci' ci' .ö' CÐ 0 0' iii' :< :T :T ::I 0 ~ 5' S' - CÐ - .., II> I .., ,!II 9, S' s: - - (II 0 0 0 5 <.0 CÐ 0 - ::I ~ ~ ... - I étz:e ~ 0 III ~ n W CÐ !II CÐ 0 .., ~ ~O!ll ':<= (II ~- . 3 <.0 ~ -r-- 5' 1J - <:ñ 3' :J: 3 ::I CÐ õ' ñã CÐ S' .., ::I COc.,jCÐ :;) (J) ~ 0 'P 1J ~ -. Q.. II> Õ 0 3 :+ ::I ~:en IT! (1 0. ::I . 0 0 r" 1""1 c ::I 0 -<" III - ~ I I ~ \ ~ \ ~'---..! \ PARca.~ P,o.C, 16~B 5 \ II I ~ q a:: EXHIBIT ..A- ,ege, 7~ of '7~ « -.::t' N :s I Q.. 1'0 W (f) W ~ ~ 1'0 0 « 0 Q.. I- Ct: 0 CD <.0 .....J W .....J 1'0 CD , CD CD W Q.. Q.. EXISTING SIDEWALK EASEMENT --. ~ o a:: \ ..... :s I~ I o o ... ........ I I TEMPORARY DRNIWAY RESTORATION EAIIMENT (DURATION: 3 YEARS PROM COMMENCEMENT OF CONITRUC11ON) \ DESCRIPTION: NOTES: A portian of Lat 3, Pebblebrooke Plaza, according to the Plat thereaf as recorded in Plat Book 36, pages 3-4 of the Public Records of Collier County, Flarida; being more particularly described as follows: COMMENCING at the Nartheasterly corner of said lot It 3"; thence South 02'1 5' 31" East, a distance af 356.30 feet ta the POINT OF BEGINNING; thence continue South 02'15'31" East, for a distance of 125.00 feet; thence South 87'44'29" West, a distance of 62.00 feet; thence Narth 02'15'31" West 125,00 feet; thence North 87'44'29" East, for a distance of 62.00 feet to the POINT OF BEGINNING. \ I I ~ ~ U \ ... tJ') m I I \ \ I \ 1. This is nat a survey. 2. Basis af bearing is the West line of Caunty Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat, unless otherwise noted, 5, ROW represents Right-of-Way, .' 6, P.O.B, represents Point of Beginning, 7, P.O,C, represents Point of Commencement. 8, O.R, represents Official Records. 9. L.B.E, represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. N ~ o 2& so 100 . 200 GRAPHIC SCALE Containing 7749.94 sq. feet or 0.1779 acres, more or less. LINE TABLE LENGTH 125.00 62.00 125.00 62.00 LINE l274 l275 L276 L277 DAVìDJ. TT" .~'. (FOR THE FIRM) L,Ç...NO. 5a~~; '_., , . / (DATE SIGNED) --,~ ..... NOT VALID ,WITI:IO~;,iHE SIGNATURE AND THE ORGINAL ·....RÄ~tDSEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 REVISED PER COUNTY COMMENTS 03/05 PROJECT NO.1 65081 PARCEL NO. 7548 W,....···- ....... __ ~ IuMJ'lØ4~~ ~~ WiIøIAtiIIM, Inc. ,. fottltø'........,.. .... ___""'1If -.IIItiISfIØUf81·ItIIIIt~ FltDU4U11f .....~_ Mar 24, 2004 - \J:Oe:44 ...I.AUU~EIX:\SUR\NeO'5\1I511d'OO,dw9 COLLIER COUNTY DEPARTMENT OF' TRANSPORTATION SKETCH 4l DESCRIPTION PItO.I£CT NO,I N60' $-00$-000 SHUT HU~ 7548 Of" XXX '0/200.3 P'IL£ NO.1 2L-812 MEMORANDUM Date: June 30, 2005 To: Debbie Armstrong, Property Acquisition Specialist Transportation/ECM/Right-of- Way From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Purchase Agreement Project: Collier Boulevard Parcels No: 149, 549, 749A, 749B, & 749D Enclosed please find one (I) copy of the document as referenced above, (Agenda Item #16B5), authorized by the Board of County Commissioners on October 28, 2003, If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure ---~^-_."-""-_.."-'''. 1685 1685 PROJECT: Collier Boulevard PARCELS NO: 149, 549, 749A, 749B & 7490 PURCHASE AGREEMENT THIS AGRE~ENT (hereJDaft3.J,. referred to as the "Agreement") is made and entered into on this 2'1 day of "Ju,;c , 2005, by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a public agency of the State of Florida, whose mailing address is 5775 Osceola Trail, Naples, FL 34109 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to County: (a) a Fee Simple interest over, under, upon and across the lands identified as Parcel 149 (right-ot-way for the expansion ot CoWer Boulevard from 2 lanes to six lanes); (b) a Perpetual, Non-exclusive Slope Easement over, under, upon and across the lands identified as Parcel 549; (c) a Temporary Construction Easement over, under, upon and across the lands identified as Parcel 749A; and (d) two (2) Temporary Driveway Restoration Easements over, under, upon and across the lands identified as Parcels 749B and 749D; said Parcels more particularly described in Exhibit "A" , which is attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, Owner has agreed to convey the Property to County for the stated purposes, on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of these premises, payment of the sum of Ten Dollars ($10.00) by County, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey good and marketable title to the Property in exchange for the sum of $353,600 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be fuJ/ compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Crosing. 4. Time is of the essence, and Closing shall occur within sixty (60) days from the date County executes this Agreement; provided. however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. ··'_"""·_"___""_.·rl.'. 1685 Page 2 5. Owner represents that the Property and all uses of the same have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. 6. To the extent permitted by law, Owner shall indemnify, defend, save and hold harmless the County against and from, and shall reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. County shall pay all fees to record any curative instruments required to clear title, all recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property and the Temporary Construction Easements; provided, however, that any compensation and/or attorney's fees required by any lien or judgment holders to secure releases or satisfactions, shall be the responsibility of the Owner. 8. To the fullest extent permitted by law, County shall indemnify, defend, save and hold harmless Owner, Owner's officers, agents, invitees, guests and/or employees from and against any construction liens, suits, demands, claims, liability, losses, penalties, damages, judgments, orders, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, construction lien, liability, or death which may result from or arise out of any willful misconduct or negligent act of County which occurred or is alleged to have occurred with respect County's use of the Temporary Construction Easements. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which County may be entitled under Section 768.28, Fla. Stat. This provision shall survive Closing and shall not be deemed satisfied upon conveyance of title. 10. The parties are aware and understand that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and The District School Board of Collier County, Florida. This Agreement shall be effective as of the date of the last party's execution. 11 . This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida ~,..""",_._._,-,-.. 1685 Page 3 14. This Agreement may be executed by both parties in counterparts, each of which shall be deemed an original, but all of such counterparts taken together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: (pi ~1Jð¿Ç:, . .'). . . .'... D¡;. , . ..'j :,.... .. ~ .., 'i". ¿>. ATTEST-:" . ,/ ~j .' -. ~~~ DWIGHT~~ 'BR'P K;~,e~k:', BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : ~t"st' .'1\ ' .' ~~t.~~~:·~Qnl). " AS TO dW'J<ffi¡Fi:.'¡' . THE DISTRICT SCHOOL BOARD OF COLLI;( CO~~TY /) BY: ,.7J/1¿o'~~ Ld6~tl æ Patricia.ð: Carroll, Chairman erintendent ATTEST: Raymon J. 1111 ACQUISITION APPROVED BY"" IQMD OF COUNTY COMMI811Ot4~ CCLIJER COUNTY, flLORIDA. PURSUANT TO ~QENDA. DATED~ lo/~ ~ ITEM NO. f(ors, t<E5oWJ'T10U Nð. ;¡ðO"3-37~ Approved as to form and legal sufficiency: Jd ~CL~ Ellen T. Chadwell Assistant County Attorney ...,.,-,-_.~""~,~".._. .... '-'-~-'---""""-"'-"'- !:=: a ~ 0 I 0 I ~ ....- ¡¡ ..--! LC";) ~ ~ S- o Ç) --- ~ .,......¡ ~ to CD :ã 0 0 .,......¡ ~ l!? ~ CD Poi p u 0 u ill "" en to i~ t3!:3 ~ a.._ I"') WI") a~"¢ gQlC) § as f-.. CD~ 0 ffi 0:: -.J p::- - ........ N >.. ~ ~cnl IW'<I'" õ3!:3 .!.. ~ 1§,~a.. ß8ö 0:::'" .~ ffi ~ 1-'0 o:::rno C fficc OC-I-: e :5 I- a.. EXHIBIT A Puge-L.~ <: o æ 90 LJ...01 Lð - I ~m ~CJO glr) [J E5~ :::JCL .-J o . ug: u..~ o oX ~g om cc . I:>:: 5° o ::r: u (J) PARCEL 149 20' L.8.E. L193 --,--; a f- Ü .-<::<:: 'Q:: , t--: INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 -- ~o~C-~ REV/SED 10-13-03 - REVISED DESCRIPTION I>I>000ECT NO.: 65061 ~-...cn. NO. : 749 Wil.nMiller~·"~'-' ~.~.~"-----~_.~......~ ~,hc. -..,~-= 'HIi*c=~¡b.,.~~'=-. ____ s..p 29. 2Co;, - 1ð,t;J3:0Q "'LAMUREX'\.SUR\N6C1~'96'.dI00.dw'ii ,....-.__....__....,".".~-,~- "'-_._-"..-.,.~. \ I I I I I \ CUD/T, TInE. CAlL: 07/200:$ NOTES; 1685 2. 8asis at beClrin9 Is the W,,~, line of County Road 951 (C.R, (51) being N 02"15'33" W, Florida State Plone CoordInates NAD 83/90, East Zone. 1. This is not a survey. .3. Subject to eO::ilements, reservation:;! and restrIctions or reoord. 4. E::asements shown hereon arts per plat. unless 'otherwl::se noted. ' 5. ROW represent:s Rlght-af-Woy. 6. P.O.B. repra""nte Point of BegInning. 7. P.O.C. represents Point ot 'Commenclitment. 8. O.R. repnllsents Offrcial Reoords. 9. L.B.E:. represents Landscape Suffer Ecu..,nient. 10. U.E. represents Utility EQsement. LINE L193 L194 U9S L196 DESCRIPTION: LINE TABLE LENGTH 65.05 667.50 65.05 667.50 A portion of Section 27, Township 48 South. Range 26 East. Colli..r County, Florid",. olso being 0 portion of those lands desorfbed in O.R. Book 1579. Pages 589-590 of Collier County, Florida; being more partloularly desoribed os follows: BEGINNING at the Southeast corner of Tract "R-''', Pebblebrooke Lakes, as recorded in Plat Book 30. Pages 4-12 of the Public' Records 'af Collier County, Florida; thenoe South 02'15'33" East, along the Westerly Right-ot-way line of County Rood 951 (C.R. 951). for 0 distance of 667.50 feet. to the Northeast corner of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 of the Publ1c Rßoords at ColIJer County, Florida; thenoe North 89'56'06" West, along the North line of sold Indigo Lakes Unit On". for Q dlstence of 65.00 1eet; thence North 02'15'33" West. along 0 line 60.00 fået Westerly of cnd running parclle) with the W"",terly right-of-way line of County Road 951, for 0 dIstance of 667.50 fHet. to the South line of ,soid Pebblebrooke Lakes Phose 28; thence South 89'56'21" East. olong the South line of Bald Pebblebrooke lakes Phase 2B, for a distance of 65.05 feet to the POINT OF BEGINNING. ContaIning 43,387.68 square feet, or" 0..996 ac,".,_~'.~~ Á,¿/ ...... ~- ANDREW B. BECK, P.S.M. €FOR THE FIRM) FLORIDA LlC. NO. 6065 :.; . /q//Jk:> ~ (DÅTE SIG~ED) NOT VALID WITHOUT THE SIG~ATURE AND THE " ORGINAl RAI$ED SEAL OF A FLOR}DA ,UÇENSED SURVEYOR AND MAPPER. .... , '. CERTIFICATE OF AUTHORIZATION L8 #43 I ðD 100 200 GRAPHIC SCALE COUJER COUN7Y DEPARTMENT OF TRANSPORTATION SKE:TCH de DESCRIPTION PROJEOT N.O..: NOD 75-005-000 F1\...E NO....r. 2L-B12 CD "" <J:) "" w ¡ ~.- :;¡:"" Q..lI1 v>W w~ :sa... ,..., ........., >G 0::..: ~g CD CD w -' I- CDS eJo. a.. r-- a "- a::: lO t.r) I-- a -.J _ N :>0. ~ o 1 "f~..¡- -:::'::VJ ?:5t<J ~~ö: .<g.g¿ 0:::""" ~E,y. '-'0 P:~g ~w f2Q.g I- 0... EXHIBIT A page...d- of......s::...- PARCEL 549 ¡:::; o o r- ~ tD co INDIGO LAKES UNIT 1 - 15LA T--SÖO K; 3:r- 4 PAGES, 76-84 N o ~~~£C7 NO.: 65061 I 200 PARCEL NO. ~ P.O.C P.O,B L199 549 1 ~\\ <:::I ~ ..- 0 ...-- 0:: ....... 1..Q ,.....::¡ m -< ::z: <C u p:; u ......... --' lð 0') ~ -< a Ct::: >- E- Z ::::> o u I ¡--71.00' \ EXISTING WEST ROW LINE ~/ a f- U ""Z ~ WilsþMlller--~~'~~ P,'-.u¡nonr ËI19Jneel'lS EcoIøgiBft.Þ SV~... LAnd~otpfI Arc:h1t9ds ~n.s'þ()t'!otfmT CoNUJl1J(1r.l Wl/sonM/IIer. Inc, H.... _.."..,. __ ._ ...... s...o:wBrityUitt. SulhtW M/pIfJ&. R«1IØJ,:ID$-8S0r..Pr1r;np Z19-ð19-4lMO (ita ~7tct Wiob-S1,., 1i'It'W.~,,,,",, Ur..· ?d.. ?nn... _ "....nil:........ Ut "~I IØ~I.....' <:'IID'\. ..IoIIU""I...." ^&.11 _.... ""'" ......._ '--..._~"".~._>">-~,"."~._"~--"> ....... lCj 0:> ~ u CU£N'T: Tr1t..E;: OAT£:: 02/2005 NOTES: 1685 1. This is not 0 survey, 2_ 80S'S of beoring is the West line of County Rood 951 (C.R. 951) being N 02:15'3.3" W, Florido State Plane Coordinates NAO 8.3/90. East Zone. 3_ Subject to eosements, reservations and restr;ctions or record, 4. Eosementa shown hereon ore per plot, unless otherwise noted. S. ROW r~pre$ents Right-oF-Woy. 6, P.O,S. represents Point of 8eginning. 7. p .O.C. represents Paint of Commencement, 8. O.R. represents OFficial Records_ DESCRIPTION: A portion of Section 27, Township 48 South, Range 26 East. Collier County, Florida, also being a portion of those lands described in O,R. Book 1579, Poges 589-590 of Callier County, Florid"; being more particularly described os fallows: Commencing ot the Southeost corner of Pebblebrooke Lokes Phase 28 as recorded in Plot Book 33, Pages 57-58 of the Public Records af Callier County, Florida; thence N,89'56'2'''W. olong the South line of Pebblebraok Lakes Phose 28 0 distance of 5.00 feet to the POINT OF 8EGINNING; thence Sauth 02"15'33" Eost, along a line 65.00 feet" Westerly of ond running parallel with the Westerly Right-of-way line of County Roed 951 (C.R. 951), for 0 dí$tonce of 667,50 feet to its intersection with the North line of Indigo Lakes Unit 1 as recorded in Plot 800k 34 Pages 76-84 of the Public Records of Collier County, Flarido; thence North 89'56'06" West, along the North line of said Indigo Lakes Unit 1 for a distance of 6.00 feet; thence North 02"5'33" West, for 0 distance of 667.50' feet, to its intersection with the South line of said PebblebrOoke Lokes Phose 28: thence South 89"56'21" East, along said South line, for a distonce of 6_00 feet to the POINT OF BEGINNiNG. Containing 4,005,00 square fe.e,t Or 0_0919 acres, more 0'- less~ ...4'" .J.~ .~;. ,,'c~ '" ,I: .~~, -. P.S:: ,¡(FOR !-:HE ¿;'f'iRfS) O. 5~4....f J ,'":,: ~-~: ~/\ ~- '"~X ... ,.. ,I .~y ;A - 1- 017 . ',CDAI TI;:;. ~rti~'ÈD) - ,. :.,.. ,iJ NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LlCENSEO SURVEYOR ANO MAPPER. ' CERTIFICATE OF AUTHORIZATION LS #43 LINE L197 L198 L199 L200 L201 LINE TABLE LENGTH 5,00 667.50 6,00 667,50 6.00 BEARING N89·S6'21 "w S02'15'33"E N89'S6'06"W N02' 1 5' 3.3"W 589'56'21 "E COLLlf:R COUNTY Df:PARTMENT OF TRANSPORT A nON SKETCH & DESCRIPTION SIDE SLOPE EASEMENT PRo.J£CT Na_~ N60 T 5-005-000 SH£ET NU....aER: 549 OF XXX FILE NO.: 2L-812 CD NQO .., wI ~[;; il..V <.f')uJ uJ~ 3 "-_ 1'0 w 1'0 ><:: 0><:: ~8 CD [IJ ~ -' >- CD:5 tBa.. CI... L.r) I- o L.r) L.r) .-.. N >.. - ~(/'I uJ.... °5~ I c..:> :g,~c;: ðgö 0::: ..-, 'CD 1~6 C:::rno . OOCD U~Þ- ~ :5 ..... CI... EXHIBIT A Page~ of 5" PARCEL 749A fNOIGO LA KE,LUNJI...... 1 PLAT BOOK: 34 PAGES: 76-84 N o ~ 100 GRAPHIC SCALE REVISED 01-02-05 REVISED 10-13-03 P"OJECT NO,' 5506 1 ~oo r- , N ~ o CD o OJ L199 i3= a ~ -0 Ç) ~ .--.. ..- LC':) ~ ~ u -- I D :.c o P:: I~ I~ - e- Z ~ a u 1-76,00' I EXISTING WEST ROW LINE 1/ a i- U ~ ~ REVISED lOCATION REVISED DESCRIPTiON P-'"'CEL NO, : 74 9A CUE'NT: Wil.nM;ller~'....,"--'n PJR"f'ðt"'S Ef'tgll'lððftJ ~CD/09hztp SUTVÇI~. Lønrt~œpe AItfI~ f:nln3pornfrcfl Con..'IIJmnt;f WlIsonMIII"r; lnG, - --..-.-- .mJSNtYlAr?f,3tN,;oo. N.,..,F1Md.J.:I(B.,ØJ()l.pjJr1tq ZJ;'!).e4kCJ#J ~ ~r6 Vlí!tb~l# 1inIW."~arcrJtII >.4or Z". 200" - '3,06,,,,.. 1,1L,""'UR£IX,'SUR'N6015\9~ s<l1 00.<1_0 --,-----~..- TJTL£; OAtE~ 07/200J 4;!d UUI' NOTES, 1685 1. This is not 0 5urvey. 2. Basis of beoríng is the West line of Cour>ty Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinot~s NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plat. unless otherwise noted. 5. ROW represents Right-of-Way, 6, P.O.B. represents Point of Beginning, ..... LO en 7. P.O,C. repro.sents Point of Commencement. a. O.R. represents Official Records. DESCRIPTION: A portion of Section 27. Township 48 South, Range 26 East, Collier County, Florida, also being a portion of those IQnds described in O.R. Book 1579, Poges 589-590 af Collier County, Florida; being more particularly described os follows: Commencing at the Southeast corner of Pebble:brooke Lakes Phose 28 as recorded in Plot Book 33, Page" 57-58 of the Public Records of Collier County. Florido: thenCe N.89'5S'21 "w. along the South line of Pebblebrook lakes Phose 2B a distonce of 1 1.00 feet to the POINT OF BEGINNING; thence South 02"15'33'" East, 0101"19 a ILne 71.00, feet Westerly of and running parallel with the Westerly Right-of-way lil1e of County Rood 951 (C.R. 951), for a distance of 667,50 feet to ita intersection with the North Ii".. of Indigo Lakes Unit 1 as recorded in Plot Book 34 Pages 76-84 of the Public Records of Collier COUI'1ty, Florida: thence North 89'56'06" West, olong the North line of said Indigo Lokes Unit 1 for CI distonç.. of 5.00 feet; thence North 02'15'33" West, for a distonce of 667.50 feet. to its interseçtjon with the South line of soid Pebblebrooke Lakes Phase 28; thence South 89'56'21" East, along soid South line, for 0 distance of 5.00 feet to the POINT OF BEGINNING. ..I-{' ¡\ 1...:,,-. Contoining 3,.334. 76~~e.~ Lfeet~or, -;,~766 acres. more or I SS.~ __ ::: .c.. -.. ... ,'. , - ;/; ¡:'::' w I"'.:J ¡:! r.~1 ~....' , P. , ,;. (FöR ·THE 'F;lft/(,i) NO. 58~,'j! QJ.'). rp,,~r ~ - f - C) 7 (DATE'siGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION L8 #43 LINE L 197 L198 L199 L200 L201 LINE TABLE LENGTH 11,00 667.50 5,00 667.50 5.00 BEARING N89'S6'21 "w 502'15'.3.3'"E N89'S6'06"w N02'15'33"W S89'S6'2'''E COLLIER COUNTY DEPARTMENT OF" TRANSPORT A TION SKETCH &: DeSCRIPTION TEMPORARY CONSTRUCTION E:ASEMENT PRO..JI!:CT NO.: N6015-005-000 SHE;:fl NUMBER:: trr\"'E: NO.: 49A OF' Xxx 2L -8 12 a:I N<D U") W¡ ~¡;; C-.U') l/)UJ W~ ~ a.._ t'"} wn ".: @8 ~(D CD:5 ffiO- a... -- ....) -- EXHIBIT A Page--!:i.- of .ç-' PARCEL 749B u N >-. ~ ~1:3~ ~~VJ 0:::"'-1 I ø ~5;;!ä: '-0 .sag o c::: -§~ ckctl8 . ffi en ]a..:s ¡- a.. ¡::; o (J.I 4 1'\1 ------ Lw ~ 200 c ~ a !-- U "'C ~ p::¡ o o ...-i ....- ..-i I.D ~ ~ d -- ..--i to Q: ~ o p:: ~ o U EXISTING Wf.':ST ROW LINE V PROJ£CT' NO.. 65061 ",AJ<CiJ. NO. , 749B Wi"nMillerM-~~- ---'---'~,---,~~.~=-- ~,hc. -'-'Unot_ø ,,...=~~~~-~_ __..... 'h.p 24, 2.00;5 - 1-4-:17<0:5 MlAMU~;\$\JR\,NUO' CS'\9J5' lid' OO,dwg '--_._~..~.._- "-,,._~,-~", \ r1 \ ~ ~ ~ u I I \ 1 I 1 OU'!N"t:: 'I11U:: OATE~ 07/200:5 NOTES: 1685 1. This Is not a survey. 2, Ba~ls of bearing I" the West ne of County Road 951 (C.R, 951) being N 02'15'3.3" W, F"/orldo Stat.. Plcne Coordinates NAD 83/90, East Zon... .3. Subject to easements. reservations and reBtrrctlons or record. 4. Eosemènt3 shown hereon are per plet. unless otherwise noted.' ...-i I.D CD 5. ROW represents Right-of-Way. 6. P .0.8. represents ,c:>oint, of Beginning. 7. P.O,C,' represents Point of Commencement. 8, O.R. represents Off1clal Rec.ords. 9. l.B,E. r!lpre....nt.. Landscape Buff.... Easement.. ~ U DESCRIPTION: A': portion of 'Section 27, TowT1s/'1¡p 48 South. Range 26 East, Collier County, Floride, also being a portion of those lands descrIbed in a.R. 800k 1579. Pages 589-590 of Collier County, Florlda¡ being more particularly described as follows: Commencing at the Southeast corner of Pebblebrooke Lakes Phase 28 as recorded in Plot 800k .3.3, Page., 57-56 of'Colller County, FlorIda; thence N89'56'Z 1"W, along the South line of Pebblebrooke Lakes 28, a distance of 5.00 feet; thence South 02'15'33" East, along a Ilne 65,00 feet Westerly of and running perella! with the Westerly Right-oi-way line of County' Road 951 (C.R. 951), for a dl..tan.;c of 197.2.3 feet to the POINT OF BEGINNING: tn6nce continue along seid line, South 02'15'33" East, for 0 di5tonce of 125.00 feet; thence South 87"44'27" West, for 0 distance of 56.00 f..et; thence North 02'15'.3.3" West, for a distance of 125,00 feet; thence North 87'4-4'27" East, for a di3tance of 56.00 feet to the POINT OF BEGINNING. ' ContaIning 6,999.92 square feet or 0.1607 acres. more or 1693. " , DAVID J. FLORIDA q - ~ C¡ -0 y (D~TE:::'. SIGN'¡iD) NOT VALID WITHOUT THE SIGNt;;¡:URE; AND THE ORGINAL RAISED SEAl OF A FLQ'I~I'DA 'LICENSED SURVEYOR AND MAPPER. ' , CERTIFICATE OF AUTHORIZATION LB #4.3 I I \ LINE TABLE LENGTH 5,00 197.23 125.00 56,00 125.00 56,00 LINE L202 L20.3 L204 L205 L206 L207 COLLIE:R COUN'rY DE:PARTME:NT OF TRANSPORTATION SKETCH & D£SCRIPTIQN DRNEWAY RESroRA'170N EASEMENT PROJe:¢T NO.: N601S-00!S-aOD SHŒI' NLJJ.<eël<: 498 OF XXX ~jU!; NO.~ 2L-B12 ~~^_....~.~,..".---_..., .." N >, - ~fØl I .,¡- f!:; -3"" Q 41 I (!) 0 =§.!::2tt ~ ð8ò 0 a:::t") ~§~ 0 d:m8 ..--! . ffi CC .--.. ]a-S ...-I ~ 1.0 r- (l.. ~ p;.¡ p p::¡ ~ d - ........ Ü to 0:» ........ Ii.) ~ Q':¡ 0 ~ ~ D ~ 0 U EXISTING WEST ROW LINE ¡::; V 0 to I I ! I I REVISED 10-1.3-0.3 RE\lISED DESCRIPTION REVISED 09 24 03 PROJ= No" 65051 p^"",,- NO. : 749D Wil.nMiller--~ao'- ~'~'-"""'"--'~~"~~ ~nc. .oøt-,L.PI_= .......'::O~.. ~¡g ~~..=.-. _ ____ Sap 2:5, 2003 - 1:5;0:5;OV I.tl.AMUREþ<;\SUR\IoIII011$\9:51.d1 OO,"W9 EXHIBIT A' p~....£..... of~ ;:§ ~ o ~~ _10 ~J, ;::.<0 01.() <;><n L.J !5~ :3 a.. o - uR. LL..~ o Cl6 ~o aiD co . c::: --' . 00 o :x u (/') ---- INDIGO LAKES UNIT ONE PLAT BOOK .34, PAGES 76-84 ------ ..,--...-.--.--... -_.._..~......'"..",._".-_.".---~.- a f- C> ""'C g:: CUENT, ~ 4 N 5 ~ .200 '''' 100 GRAPHIC SCALE: LINE l206 L.:2 09 L.:21 0 L211 L.212 L213 LINE TABLE LENGTH 5.00 59".66 75.84- 40.03 74.22 40.00 NOTES; 1. This I~ not 0 survey. 2, Basis of bearIng Is tho West line of County Road 951 (C.R, 951) being N 02"15'33" W. FlorIda State Plana Coordinates NAD 83/90. East Zone. 3, Subject to easements, reservations' and restrictions or record. 4. Eosemonts shown hereon Ore per plot, unless' otherwise noted. 5. ROW represents Rlght-ot-Way, , 6, P.O.B. represents Point of BegInnIng, 7. P.O.C. repreeents PoInt of Cornmencement.' 8. ,O.R. represents Offidol Records. è. L.S.Ë. rapreSent.1 Landscape Buffer Ëaeement. DESCRIPTION: A portion of Sectlon 27, TownshIp 48 South, Range 26 East, Collier County, Florida, olso bein<;¡ a portion of those lands described in O.R. Book 1579, Pages 589-590 of Collier County, Florida; being more particularly described as foHows: , Commencing ot the Southeast corner of , PebbJðbrooko Lakes Phaae 28 as recorded In Plot Book 33, Pages 57-58 of the PUblic Records of Collier County, FJor1da; thence N.89·S6'21"W. along the South lin", at Pebblebrooke Lakes Phose 26, a drgtol'\ce of 5.00 feat; thence South 02'15'33" East, along a line 65.00 feet Westerly of and running parallel with the Westor1y right-of-way line of Country Road 951 (C.R.' 95 1), tor a dIstance of 591.66 feet to the POINT OF' BEGINNING; thence continue along "aid parallel line South D2"15'33" East, for 0 distance of 75,84 feet, to Its Intorsectron with the Northerly line of Indigo Lakes Unit One. as recorded in Plot Book 34, Peg..s 76-84 of the Public Records of Collier County, Florida; thence North 89'56'06" West. 019..09 .,1;.he North line of said Indigo Lakes Unit,,",One, fÒr"a.;., di~ton.ca of 40.03 feet; thence Nprth, 0.;2',15'33" . West, for a dIstance of 74.22 ~fèat: then!::;' North' 87'44'27" East. for a distancÈÍ'of' 4C>:OO;'fe..t' to t,he POINT OF BEGINNING. ,:," ';'.;, .-::, ,... . 5 square }eet 'or 0.0689 '8cn~s. -~ ' ANDREW a. BECK, P'~IA' (FOR THE ',FIRM) FLORIDA LlC, No, 606::> '.. . , /Ø1h~ (~~iÉ'SfdF"~b)" . NOT VALID WITHOUT THE SIGNATURE AND THE: ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLUE:R COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DëSC~pnON DRJ~Y RES'rORA770N E"ASEJ.lENT , C1" SHŒT NU....OER: "t.£ No.; 49D OF XXX 2L-B72 ,._--"-"'-~-,,_..... NO..: N11015-005-000 -~--.-."-,.~-,",,,.._~-_.¥ 1685 MEMORANDUM Date: July, 15, 2005 To: Debbie Armstrong, Property Acquisition Specialist Transportation/ECM/Right-of- W ay From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16B5; 10-28-2003 BCC Meeting TDRE Agreement/MCW-RC FL-Pebblebrook, LLC Enclosed please find two (2) original documents as referenced above, (Agenda Item #16B5), authorized by the Board of County Commissioners on October 28, 2003. The Minutes & Records Department has kept an original for the Pulic Record. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (2) 168, PROJECT: 65061 PARCEL No.: 754B FOLIO No.: 66263000085 TDRE AGREEMENT THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~ day of ~ , 2005, by and between MCW-RC FL- PEBBLEBROOKE, LLC, a Oelaw~ty Company (hereinafter referred to as "Owner"), whose mailing address is P.O. Box 790830, San Antonio, TX 78279-0830 and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway, and desires to convey the TORE to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TORE requested by County. NOW, THEREFORE, in consideration of these premises set forth above, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TORE to County at no charge to the County. 3. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 4. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier County, Florida. 5. County's use of the Easement Area shall not materially interfere with ingress and egress to Owner's property or the use and quiet enjoyment of Owner's property by Owner, its employees, tenants, invitees, contractors or representatives. 6. To the extent permitted by law, and without waiving its immunity under Sec. 768.28, Fla. Stat.; County shall indemnify and save harmless Owner from all loss, damages, or liability incurred as a result of (i) County's negligence or misconduct on the Easement Area; or (ii) any damage to the Easement Area caused by Grantee, its agents, employees or contractors. This obligation will survive closing but not extend beyond the termination of the easement. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. REGENCY CENTERS Temporary Driveway Restoration Easement Agreement 16 S¡.2 '~ 8. The TORE shall commence upon its recording in the Public Records of Collier County, Florida. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement may only be amended in writing by the parties hereto. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 10/28/03, Resolution 2003-372 AS TO COUNTY: 'J../,... L// DATED:~ \.1\\1' , _', A TTE~§)~-'~¡o~~.: ~~~o,.o DWI~FiT.:R·aRdß~~I,erk b¿£..~{J,(. . ~': ¡.oJ ¿~'~ 0 ut\l Clerk AH>.st i ~ ~1run\1S .i~~~,:. .' ( . \1, ,J ;:., ~ . ' AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. (~ Fred . Coyle, Chairma MCW-RC FL-PEBBLEBROOKE, LLC, a Delaware limited liability company WITNESSES: ~fAJOH itness (Signature By: Macquarie CountryWide-Regency, LLC a Delaware limited liability company, its Managing Member By: Regency Centers, L.P., a Delaware limited partnership, its Member Name:~ro .p(Q~re..- (Print) By: Regency Centers Corporation,. 0 a Florida c oration, its Ge ra P rtner - --( ¡¿.---- yuness (Signature) By: Title: Name: ~(Y'v ~ ~ (Print) Approved as to form and legal sufficiency: Item# lÚ)~S Agendal t) ~ 8' D Date Date 'l....lS...CfS Rec'd {øA rýCL;~ , lien T. Chadwell Assistant County Attorney , D,(~ PROJECT: 65061 PARCEL: 752 FOLIO: 66262014221 TDRE AGREEMENT THIS TDRE AGREEMENT (hereinafter referred 58 the "Agreement") i8 made and entered into on this II day of y~ __ , 2005, by and PEBBLEBROOKE LAKES MASTER ASSOCIA14'ON, NC. a Florida non profit corporation (hereinafter referred to as "Owner"), whose address is 8610 Pebblebrooke Drive, Naples, FL 34104, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TORE"), over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from the proposed driveway transitioning and desires to convey the TORE to the County for the stated purposes of constructing on Owner's lands with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed roadway, sidewalk, and drainage improvements on Collier Boulevard, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TORE requested by County. NOW THEREFORE, in consideration of these premises set forth above, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the TORE to County at no charge to the County. 2. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier County, Florida. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, cûnditions, ûf pr6mises ûU16i tlìa¡ì those so ~t~~od ::tbc",'e; and th::; \ivrittcn Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this II day of ~ ' 2005. Dated ProjectlAcqu ition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: /'" DATED: '1.. ct. .0:;) ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W G-f Fred W. Coyle, Chairman PEBBLEBROOKE LAKES MASTER ASSOCIATION, INC., a FI rida nonE!:..0fit corporation .... BY: C'I _,_ \..-7' _- Witness (Signature) 9- gnatu re) / Name: ~~Ú ~ >c (l{:Wt~í (Print ..,. ~ I Title: ~ l (Print Corporate Itle) Name:_f'{\~~~'__ \V\'M.k~ (Print or Type) ~atUl") . Name: G;,;;,,~J"f. &-.,,,.J (Prin Type) Approved as to form and legal sufficiency: ~¡L Y A-- Heidi F. Ashton Assistant County Attorney "-~""'_""'-""_-----'--~'-'-- r N .. N o ~ (, Ö DI t i l;} ;.:.. ill C -' z t9 ~ ID ~ ! 8 ö: A ~ " i ~ l I. II ~ I¡ f g- ill'. !f~ I .. ~ II' 'II í. I "'J~ I I ¡ ï i ~ä o i '" a· I\)~ ,....~ I I. Q: ..... I\J !i1 e~ ~ a Ui ~~ ~~ ~ I § r b ~~ i~ "'<~ i: ~~ ~~ :::! ~~ "'I ~ () ~ ~~ ~() ~g ~;ë: ~~ =tJQ );!f1'I =:;t~ Q::o ~~ ~ _AKES PHASE 28 ICES 57-58 TRACT C-B '1j ~> CJ1::t1 l\)CJ M 1:-1 PEBBLEBROOKE LAKES PHASE 28 PLAT BOOK 33. PAGES 57-58 r 6 Tract "R-1" (Right-of-Way) PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4-12 COUNTY ROAD 951 ~ Q ~ - ., £_C.R ~ ;;0 ~ D) C f"T1 0 Z ¡::jr;:;¡::;r;:; f'T1 -0 -a~ iT! U1U1U1U1 ;;0 r8 CD~m(,J1 [) 0 CD c 1- ~ r r Z (T Z ~ Z ~m.þ.m GJ fTl [) 010010 - 0 r/~> i-Jüh.>ü I ~ ~ !-JONO ¡¡:: CD tT1 Z r vJ fTl 0 CD (,.¡ ~ ......... 0 Z Z V) (J) ::0 U1 ()Jocoo 'I~'/~ Z .þ.~.þ..... GJ .þ.U1.J>.(J1 Ñu:ïÑ' tD~ill~ . II': C . iT! ~ ~ ['11 :'l §;Þ- ëD (J)iT! (J) 0 Q.~ ::T3 (1) (Þ ~ ::J üï új (1) U> ::;¡ ::T o :; r+::E ~::;¡ , ::T (1) , (1) o :J o ""I CD -0 (1) '" 91 !11 [)lJ)OZ fT1 C ;;0 0 Lj ~;;o~.., 'J - <z t :!J~>~ [)orr ~::t) 6 rr1 ~ O~~~ .,., 00 J: o O' ~ ~V)c: . "~ "\) ~.., I ,lJI ' " 0 ] r ,"': , .,' ,., ',I,' ., ~ FU QiT!," '...'~' ~ ~ ~"<h' '::;;:::0 . ~" 1'=*1 . " .' *-t » t":.':'"","'bo¡ l1.· 0 ....~ .. _0 ;ìj')"~ ~' ;;0' . Z -.,.z-. fT1,. ,) ," ;( 0 r. Þv ' , . t, /H,.. ... o ~..~ . to' '" r:1 ..;1 r ;;0 Co, !£J '. /.\'!,,,, r tD _ ::t).., G) " .. (" o iT! , Z',. 'I ~ :1>:1> J'tT1' C ,:¡~ ~. t c Z .s'" ¡¡::, '., ~O "1"'í.' ~:t fT1 ,." tJ :u o h :u :;0 0 0 tn ~ , ""I (1) ( '0 '0 , ""I ( (1) (J) In ( (1) ::J :J M- -+ In III :;0 "\) J5' 0 :r 5' M- -+ J 0 0 .... ... , CD ~ 0 (1) '7< .0 5' ::;¡ S' ~ , (1) '0 ~ III (1) ::;¡ r+ In "0 o 5' r+ () f. 0 3 3 m ::J n (1) 3 /D ::;¡ ... "--~"«-""""""'---'---~----'-'-'''''''''.~ TRACT C-7 63 OT 6J '\ 110T r N U1 (XI 65 LOT 66 (C.R. 951) 100' ROW 951 CANAL ROW ~ (þ~ III .... ., [~ õ' CT ::J ,-, In ~ -+ o .,r+ o , (1) (1) n 0 ~ ,. ~ ëÞ p, 3 in ::;¡ .... y¡ u Õ ~ .- () ~ 0 (J) ::;¡ . r+ o 5' 5' .0 \J ~ -. u¡ i-J o , m III (1) < ~ õ' ::;¡ In Q ::;¡ 0. N"":;ON g Õ g . ( ::3, 0. . 0. CD CillO lJ) U1 ~, ...~II) C é;ôQ, 'U::OCT õ' ( :JillP (1) In ;;¡, ()..::.~ o _. o CT (J) ël ~, _ -,::;¡ :r 5.0 ( íi)' Z ~ II) 0 ~ z"/.... ß~ ;;-. lJI:J (X)vjiD ~~'Q, ~~o . . 0 rT) C o ~ VI '< M- II) .D "O;;oCDëtO '" .....-CD Q g '1 m """ J5' m :J" iT! Z¡ot".>. ~.þ.::tr,- ~ G) "'ñi'''':....01 I () ž 0.8- ~ 0 i-J Q, g: ( ~ ""(1)' N¡tlIlJ)Z ,... ::IoC'> ~orr¡ if iû' ~ @ c: G):1.~ ~'< S:~ _<r...Z'" <.n Z(1), 0 :::::-·00.... z· ;:¡..-..::Jc: ::T -.....a::T::T(1)r+~( Zoõ ro ::T-' 0"'::I;:;-,~!:t Ulz a.o::J C!I ()JuO (1) ;;o,/~;:¡. 0.:;: zo ~ "::T -'(1) 0 0 n ~ " ~ "';:¡.1£ÑfTIÖ !;!ZII)::Troill~!!1. ~oO 0.1r+ 0'-'0.0 . 0 CD ,... 0. o" (1)..c 0 :r ''1 <:-+\""'\ a.,~~offlQ:J ... _. 0 UI '.... (1) <0 n . <'. a' ë5;;?:""~fD 0 0 . 1:;0" õ9-,- No" "';:¡II) N........~Q<oÕ~ , I::T (1) :J -, iD~(1)!!!.o""()o. (1) 0 ::J :r C!I r+,< n 01 0. (1) :;' .-.. _ ro 0 ¡¡¡' 0 0 o -. . .... lJ) - n :J ZOO 0 ,,, ,.,."oO;:¡CO} ifo;:¡' @:rp.?!J _::T 0 o ... (1) ro r+ o o 01 (,.¡ ~ o n , (1) y¡ 3 o , (1) o ""I ~ z ~ Y.J -i ::r w' Ü)' :J ~ C U C :< ~ Q 8 t¡1 IS (j) ~ I Õš ~ fT1 lJ ç: "'''0 CD iT! otIJ oß1 ^m~ u ;tIO oon . ° r+ 'U^ · :l>fT1q ~ç: lJ)^ .þ. "1 1lJ) \J -TRACT T N02'1:1 J1"W- - - - - - (TO-I).., ~,....l ( :r :Jr+,CT" <0 ::T (II CT ( 0 ii' [11 3 :<-0-0 \) ",III Qc:ooo(þ C!lÇ!In,..:l '0 õ', CD '< o .(0 .þ. ;:¡.::lJg5"01 _, CD ., ,.. , nno.(1)N E,O(O(J)!-J 0'0. :lft "0- '< -'::T m 0::10,.,. g....::2~o (I) - 0 -h n::T.....N :1.(1) CD:;' [()~. 0 0.000~ =,..0 () ñ), .n::u In , U 0 . Ö' [) .(,.¡ ª' :;0 _0 :::10 Õ C "0.0 0 ~:JQ 2£ !'! -?'1iJ Õ ~ III <0 -., ..../D -U1::T Q ~(1) 0 èi' I "0::3, o lJI-<! ··CD!l.cÞ o ,." ~ ;;0 }j Õ ~ ~ ----1-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUf TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~ I.. B THE BOARD 01<' COUNTY COMMISSIONERS OFFICE FOR SIGNATURlt . 5 Print on pink paper. Attach to original document. Original uocumcnts should he hand delivered to the Board OfFicc_ The completed routing slip and original documents arc to he forwarded to the Board Office only after the Board has tah'[} action all the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed If the document is already complete with the excention of the Chairman's silmature, draw a line thrOUl!h routilH.' lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rouling order) 1. ---.- . 2. --------~- - 3. -------- ------ 4. --- - .- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createc.Vprepared the executive summary Primary contact information is needed in the event one of the addressecs above, including Sue Filson, need to contact staff for additional or missing information All original documcnts needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the item) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 Contact Agenda Date Item was 10/28/2003 Agenda Item Number 16B5 Aooroved by the BCC Type of Document Subordination Agreement Number of Original One Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Slale Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the oate of Bee approval of the document or the final ne fotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bec approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of 'our deadlines! The document was approved by the Bee on lO/28/2003 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A lieable) 2. 3. 4. 5. 6. 'It N/A N/A I: Forms/ County Forms/ BCe Forms! Original Documents Routing Slip WWS Original 1).03.04. Revised 1.26.05. Rcvised 2.24.05 168 5~ T County ~.- --.. ...~ TRANSPORTATION DIVISION 'f ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMf:~T , INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: May 8, 2008 FROM: Robert Bosch, ROW Coordinator - TECM (Tel. 252-5843) "'~ SUBJECT: Subordination of Utility Interests Please execute the attached Subordination of Utility Interests and return one standard copy for my attention to the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Please record this document in the Public Records of Collier County. Project No: Fund / Cost Center: Copy Code: 65061 338-163658 651210 Thank you, Robert Bosch 169 5~ PROJECT NO.: 65061 PROJECT NAME: Collier Blvd. Utility Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this !fTlt day of {--tA: Y , 2008, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Florida Corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113.8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent contlict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: 168 5' NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK-PAGE Easement for Cable 10/13/03 Summit Place Florida Cablevision OR Book Television and Community Association, Management Corporation, 3420 Communications Inc., a Florida not-for- a Florida corporation Pages 2347 - Service profit corporation 2349 Memorandum of 6/12/02 Brittany Bay Partners II, Florida Cablevision OR Book Agreement Ltd. Management Corporation, 3054 a Florida Corporation, Pages 764 - d/b/a Time Warner Cable 767 Memorandum of 6/12/02 Brittany Bay Partners II, Florida Cablevlsion OR Book Agreement Ltd. Management Corporation, 3054 a Florida Corporation, Pages 759 - d/b/a Time Warner Cable 763 Memorandum of 5/23/02 Brittany Bay Partners II, Florida Cablevision OR Book Agreement Ltd. Management Corporation, 3043 a Florida Corporation, Pages 233 - d/b/a Time Warner Cable 237 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. A~""~l- "llft.tlri 01 ,^ BOARD OF COUNTY COMMISSIONERS :~LL1E~NT~, F. ORIDA . TO~ 2 16B 5~ Signed, sealed and delivered in our presence as witnesses: /~ WITN~S ~gnature) Name: Hll1i ~tf".<: ;fi;v~ (Pri r Ty e) COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Florida corporation 301 Tower Road Naples, FL 34113-8074 -R~ 1) ~~ WITNESS (Signature) By: 'J \Q.{",~ ~L'-t" \\-(\...<jl../',_ , PresidenWice President Name: Lo( een 1) Vo-,\-.-, ~ (Print or Type) STATE OF F / u 12 / d ,I} COUNTY OF ('" //;{"/8 The foregoing Subordination of Utility Interests was acknowledged before me this it day of A,I)~II ,2008, by .]]^IA'),.-<lR.4 HHii?/lJ (Name), as V.Cp f'''E,,){II!~;r (Title), ofVCOMCAST OF THE SOUTH, INC., successor in interest to Florida Cablevision Management Corporation, a Florida corporation, who is personally known to me or who has produced as identification:------..-- --~ (affix notarial seal) Litt.W~' ...!lut.~:J (Signature 0 Notary Public) !l.....v ~fI. .r> ........,.. CAFIOt.YNMNS *..W . MYCOItI.tISSIONIDD501571 ,~. EXPIRES: Janua/}' 14, 2010 ~OF,,<fI' SoIIdoITlwSodfotNofoySlrvlcoo t.7/Ztlv J :;:: v/I,y..s. (Print Name' of Notary Public) NOTARY PUBLIC Serial/Commission #: (if an v) :) lJ .::,- t? 1.57 I My Commission Expires: ) - /4 -.,J. t / b Approved as to form and Irgal sufficiency: ~~ /4- (JC) firL--EI en T. Chadwell Assistant County Attorney 3 EXHIBIT~ Page ./ of f.t. ) :/ WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 lEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described inO.R, Book 2987, Pages 3011-3012, of the Official Records of Callier County, Florida, being more particualrly described as follows: Commencing at the Eost.1 /4 Corner of Section 34, Township 46 South, Range 26 East; thence N.89'51 '33"W. along the South line of the Northeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02'15'04"W. along said rig.htc:of-way line, a distance of 334.81 feet to the South line of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34 and POiNT OF BEGINNING; thence N.69'52'03"W. along said South line, a distance of 65.06 feet; thence N.02'15'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 at the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S.69'52' 43"E. along said North line, 0 distance of 65.06 feet to its intersection with the Westerly right-of-way line of said County Road 951; thence S.02' 15'04"E. along said right-of-way line; a distance of 334.80 feet to the POINT OF BEGINNING. Containing 21,763.18 square feet or 0.4996 acres, more or less. DAViD J. H P. '.' -'(FOR THE FIRM) FLORIDA LI . 5834 CJ- J..: q ~O J . :CDATE SIGNED) NOT VALID WITHOUT THE SiGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION lB #43 <>JEor NO.: 65061 PAROEl.NO. : 135 Wil.nMillerHW- _.-. '''''''''''''''llnoj<n.~_.~",,- ~,tJc. ,.,...An/olwJ.anq._.r.... "'....Loo...SO.....__.__.Fu_.__.... 2:::1,.2003 - 16:05:02 Ml.AMUREIX:\SUR\NBOf5\g~filti1nO_l"l....... PARca NO. I'~S- $~ 11 8 \6 I ~ I 3i I ci 0::: -l <l; Z <l; 0 ~ ~ l[) I '-' I OJ ~ I l[) I 0::: OJ W I I LINE l178 l179 l160 l181 l182 l183 LINE TABLE LENGTH 100.09 334.81 65.06 334.79 65.06 334.80 BEARING N69'51 '33"W N02'15'04"W N69'52'03"W N02'15'04"W S89'52' 43"E 502' 15'04"E NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'16'01" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are par pJat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning, 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. l.B.E. represents landscape Buffer Easement. 10, U.E. represents Utility Easement. FEE SIMPLE INTEREST N l 200 COLL/ER COUNTY DEPARTMENT OF TRANSPORTATION SKE:TCH &: DESCRIPTION 09/200J PROJECT NO.: N5015-005-000 '" SHEET NUMBER: IJ5 .0' xxx PARCEL NO. '7 .~S- I 168 I , I 15 L189 I I -- h \ L EXHIBIT-L Page_:2 of 4- ~ I I;;; loci POB\ LJ LJ L186 I I I ---------------------------------------------L187--~~ I I ~ \__L1.8-L__~ \ \~ LINE TABLE LENGTH 100.09 334.81 65.06 5.00 334.79 5.00 334.79 WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South. Range 26 East. and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Co!lier County, Florida. being more particualrly described as follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South. Range 26 East; thence N.89'51'33"W. along the South line of the Northeast 1/4 of said Section 34. a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02'15'04"W. along said right-of-way line. a distance of 334.81 feet to the South line of the North 1 /2 of the South 1 /2 of the Southeast 1 /4 of the Northeast 1/4 of said Section 34; thence N.89'52'03"W,. a distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.ago52'03"W. olong said South line. a distance of 5.00 feet; thence N.02'15'04"W.. a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1/4 of the Northeast 1 /4 of said Section 34; thence S.89'52' 43"E. along said North line. a distance of 5.00 feet; thence S.02'15'04"E.; a distance of 334.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. r r ~ ~ CO co CO 0 I --- ~ q oc a o ~ o oc -I <( Z <( U \ ~ ~ ......- on (]) LINE L184 L185 L186 L187 L188 L189 L190 BEARING N89'51 '33"W N02'15'04"W N89'52'03"W N89'52'03"W N02'15'04"W S89'52' 43"E S02'15'04"E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'04" E, Florida State Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements. reservations and restrictions or record. 4. Easements shown hereon are per pJat, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E, represents Landscape Buffer Easement. U,E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) . F? . . (FOP THE FIRM) FLORIDA LI . NO, 5834 Cf - ;cq -03 (DATE SIGNED) . NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO., 65061 PARCEL NO. , 735 Wil.nMille'-'~~- -.s-..-..""""," 'L.o1<Oapo_ .n_...._.~ WllIcnIIIot; tJc Mpo./lr1....._._.r... lII>MrUooUlIll'___'__,/V_,___ 09/2003 ~"n ?'lj .,nn"C _ 'A.n...n,,>> ..'.........1...\ _.._. ..__._. __. COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCmpnON PROJECT NO.: N6015-005-000 SHEET NUIoIBER: 735 OF XXX m , .<: PARCEL NO. ')''-,9 EXHIB":fk- Paoe_ 3 ot-.. ~_ 1\ \ I II II II I L294 \) \ 168 \ I I I-- V) W co C'\j ltJ () <: ~ .~ ~ G V) CCJ "t- o.... :c U) ~. 2 ~ i") <: G r=:: () ltJ CI) 5 ~", ,"i') I I .---:L2Ei7---~C. NORTHEAST CORNER SECTION 34. f'-.-. i'<J i") ::>1 -i..() i") JJ.j i'<J ct: ::::::JU) I--ltJ <(:) ~""Z 0->0.... I-- <~ -C'\j GO) -:'C'\j 5:2~ :'ZO SO ct:ctl ~. :'Zct: :S:' o -< 7~ co co (:) <: - ltJCl ()ct: :58 QltJ ct: t:() ~< ~- ~C:l CI)~ Q I I L289 ----- r:; to o '----- ~I ~ q D::: .--. ~ o ri r ~ z c5 I I In ~ \ lj ~ o o ~ ........ II) m ri ci LEGAL DESCRIPTION A portion of Section 34, Township 48 South, Range 26 East, Co[lIer County,. ':lorida, being 0 portion of those lands described in D,R, Book 2924, Pages 335-337, of the Public Records of COllier County, Florida, being more particularly described as follows; ] I NOTES: 1, This is not a .survey, 2. Basis of bearin9 [s the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida State Plane Coordinates NAO 83/90, East Zone. Commencing at the Northeast corner . of Section 34, Township 4B South, Range 26 East, Collier County, Florida; thence N.89'55'30"W., a distance of 1 00.15 feet to a point on the Westerly .r.[ght-of-way line of County Road 951 (C.R. 951); thence S.02'15'04"E. along said Westerly line, a distance of 66S.62 feet; thence N.8S'54'27"W., a distance of 65.05 feet; thence S.02' 15'04"E., o distance of 628.88 feet to the POiNT OF . BEGINN[NG; thence continue S.02'15'04"W. along said line, a distance of 111.00 feet; thence S.B7'44'56"W., 0 distance of 36.00 feet; thence N.02'15'04"W" a distance of 111,00 feet; thence N,B7'44'56"E., a. distance of 36.0 et to .th. POINT OF BEGINN[NG. Cantoi ng ,996.00 square feet or. 0.0917 aCfe , m 6 0 Ie 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, un'less. otherwise noted. 5. 6. 7. B, 9. 10. ROW repreeent. Right-of-Way. P.O.B. represents Point of Be9innlng. P.O.C. repr.sents Point of Commencement. O,R. repressnte Official R,cords. L.B.E. represenls Landscape BUffer Easement. U.E. r'pres.nls Utility Easement. LINE TABLE LINE LENGTH L287 100,15 L2BB 669.62 L289 65.05 L290 62B.88 AMDREW B. BECl<, P.S.M. (FOR THE FIRM) L291 111.00 FLORIDA LlC. NO. 6085 L292 36.00 /.~/fo~ 3-- _ (DATE SIGNED) L293 111.00 .,. / L294- 36.00 NOT VALID WITHOUT THE SIGNATURE AND THE r ~a~~~~:A~~T? M~'ttE~F A FLORiDA LICENSED ~~~Wl~:~T -'- CERTIFICATE OF AUTHORIZATION LB #43 _ ~ (Qw. ON:.S 'fEARS FROM 0 ~CEMENT OF CONSTRUCTION) 65061 PMc,C 0., 7J9 COLLIER COUNTY DEPARTMENT 1M". r;~~ftn.~;"a""'lt.w- OF TRANSPORTATiON .'i'~V'l'rlilltll SkETCH &: DESCRIPTION Ploipon. -.. """,,",",. ",-,. ~-Wi..... ~"''''''''-f''''' DRIVEWAY RESTORATION CASEMENT ~lJc. I<i*<. Poil/tn.......' lho;W".r..,. ~!loIiI"",~all'IIPcIblOIII$I$);t.1W ~'Fr.r~. _.........."" $.p 25, 2003 - 15,03:09 MWiUREIX:\SUR\N6015\951adl00.dw. N PROJEOT No., 10/2003. SHEET NUMBERl 739 0, X.\'.\' , - All R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 ;;= o ~ 10' o o ..-< 1-== -== j= 10' S.U.E. ---- ..-< LO en CAM DEN COVE PLAT BOOK 39, PAGES 24-25 p;j U '-' () I- () -<C g: ..-< LO en ~ ~ w< 0 >"- '" , 0 . ..... OOC1>1.l) ;.' t")C'l 0Q~~ ~ 2aoN Z >-;:>;0 >-, <<OJ >--' of-, 0 :s u "- 20' BE. 10' P. .E. S 02'16'20" pac EXISTING WEST ROW LINE ---- --- PARCEL 743 C:l I- () -<C g: . Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 OJECT NO.: 65061PAAca NO. , 743 WilsqnMiller-'~~- ,.,.,.. '1l-oI-. ' '""- . Qno)<cn 'l..II1dQpo_ . ~ ~ . WJoonI.IIor, ilc, _'Fa1l!wJ ._._.llIp W"""~IIt1!1J'ilI!ioo__,__.Fu_.__.... P 25, 2003 - 15,03,09 MlJ,MUREIX'\SUR\NB015\9~1'd'00.dwg I EXHIBITA- ~ge_4- _o~ 4-. ~ o ~ ~ u ..-< LO en p;j u \ CUENT; mu; DATE: 07/2003 168 5 I II 1\ \ \ 1\ \ \ \ \ 1\ \ \ \ \ II \ '., ~'. . 10' B E JJ V -L --.: '- ANDREW 8. BECk, p,S.M,; (FOR THE FIRMf.". T - - - I FLORIDA L1C. NO. 6065 ..'. U I ClWI!WAV Yi.?,,0 ;:('. .. TORA1'ON EASEMENT /q >' r- (DATE SIGNED) , RICHARD R. YUREWITCH RES . 3 YEARS FROM . . O.R. BOOK 1533 PAGE 182 . (DURATION, F C9NS1'RUCTIONltlOT VALID WITHOUT THE SIGNATURE AND THE ' COMMENpEMENT 0 . . ORGINAL RAISED SEAL OF A FLORIDA. LICENSED . SURVEYOR AND MAPPER, . CERTIFICATE OF AUTHORIZATION .LB #43 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING C2 34.53 0;38.00 CJ 35.14 459.00 17.27 17.511 J-+.SJ 35.13 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record; 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement, DESCRIPTION: A portion of the Access Easement & Drainage Easement #1, Tract "A", Camden Cove, as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being mare particularly described as follows: Commencing at the Nartheast carner of said Tract "A"; thence South 02'15'33" East, along the Easterly line of said Tract "A", far a distance of 11.56 feet to it's intersection with the North line of said Access Easement & Drainage Easement #1 and the POINT OF BEGiNNING; thence continue along Easterly line of said Tract "A", South 02'15'33" East, for a distance of 69.00 feet to it's intersection with the Southeast corner of said Access Easement & Drainage Easement #1; thence 34.53 feet along the South line of said Access Easement & Drainage Easement #1, and along the arc of a circuiar curve concave narth having a radius of 538.00 feet through a central angle of 03'40'40" and being subtended by a chord which bears North 89'58'14" West, far a distance of 34.53 feet: th~nce North 02'15'33" West, for a distance of 74.24 feet, to a point on the North line of .said Access Easement & Drainage Easement #1; thence 35.14 feet along the North line of said Access Easement & Drainage Easement #1, and the arc of a circular eurve. cancavesauth having a radius of 469;00 I feet through a central angle of 04'17'33" and. being subtended by a chord which beap/..South81'24'.46" East, far a distance of 35.13 f.eet .to th~ POINT OF BEGINNING. ".'~. . . .:, Containing or less. ....11 COLLIER COUNTY DEPARTMENT Or TRANSPORTATION SKETCH &: DESCRIPTION DR~Ar REST'ORATlON <ASEMENT PROJECT NO.: NBOI5-005-000 SHEET NUMBER: 43 OF XXX ml PROJECT NO.: 65061 PROJECT NAME: Collier Blvd. Utility Release 168 511I 4163815 OR: 4358 PG: 3180 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/09/2008 at 12:36PM DWIGHT E. BROCK, CLERK REC EBB 61.00 CDPIES 7.00 \'" v Retn: CLERK TO THE BOARD INTEROPPICE 4TH FLOOR EXT 1240 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this [fTlf day of 0A v , 2008, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Florida Corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: 16B 5 OR: 4358 PG: 3181 NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK-PAGE Easement for Cable 10/13/03 Summit Place Florida Cablevision OR Book Television and Community Association, Management Corporation, 3420 Communications Inc., a Florida not.for- a Florida corporation Pages 2347- Service profit corporation 2349 Memorandum of 6/12/02 Brittany Bay Partners II, Florida Cablevision OR Book Agreement Ltd. Management Corporation, 3054 a Florida Corporation, Pages 764 - d/b/a Time Warner Cable 767 Memorandum of 6/12/02 Brittany Bay Partners II, Florida Cablevision OR Book Agreement Ltd. Management Corporation, 3054 a Florida Corporation, Pages 759 - d/b/a Time Warner Cable 763 Memorandum of 5/23/02 Brittany Bay Partners II, Florida Cablevision OR Book Agreement Ltd. Management Corporation, 3043 a Florida Corporation, Pages 233 - d/b/a Time Warner Cable 237 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. , ATTEST: " WIGHT);:. BROCK, Clerk %' .... "< AttJ~p,,\~' stgnat'n 0111,," . 2 Signed, sealed and delivered in our presence as witnesses: OR: 4358 PG: 3182 168 "..' 5"'.: /~ WITN~S #~ Name: 1111.'/). ~;fI'J.~;I!N6 (Pri~or Ty e) COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Florida corporation 301 Tower Road Naples, FL 34113-8074 t.~ 1) ~~ WITNESS (Signature) By: ~-(\.c~ (Let, \~11~- , President/Vice President Name: Lo<een 1) \\^\'\y\~ (Print or Type) STATE OF 'f) u 12 I d ,1- COUNTY OF C" / /; t" ,0 The foregoing Subordination of Utility Interests was acknowledged before me this / t day of /i ;J /u I , 2008, by . B,q AI A -'l f!.4 H ,"ijt-1) (Name), as V,cp f'"e"ide""r (Title), of OMCAST OF THE SOUTH, INC., successor in interest to Florida Cablevision Management Corporation, a Florida corporation, who is personally known to me or who has produced as ident1fication:-. ~_.. ---~ lCL~ ~ (Signature o~otary Public) (affix notarial seal) 1\~'I'Pf/~. .p ....'..v" CAROlYN IVINS . ..'bI. * MY COMMISSION # DO 501571 .~, EXPIRES: Janulli}' 14, 2010 '<0"''''' _ThNBUIIgotNoloySofVlcq /; 4 ~ I L/IIZI v' AI J-- VI ilf S (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (if anv) )J]) 5- tiS '7/ My Commission Expires: I - / J...f - J. t / {i Approved as to form and I gal sufficiency: Ltc? - ~ct-'EI en T. Chadwell Assistant County Attorney 3 EXHIBIT~_. Page I ~ WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described InO.R. Book 2987, Pages 3011-3012, of the Official Records of Coliier County, Florida, being more particualrly described as follows: CommenCing at the East .1/4 Carner of Section 34, Township 48 South, Range 26 East; thence N.89'51 '33"W. along the South line of the Northeast 1/4 of said Section 34, a distance of 1 00.09 feet to its intersection with the Westeriy right-of-way line of County Road 951 (Coliier Boulevard); thence N.02'15'04"W. along said right-:of-way iine, a distance of 334.81 feet to the South iine of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34 and POINT OF BEGINNiNG; thence N.89'52'03"W. along said South iine, a distance of 65.06 feet; thence N.02'15'04"W., a distance of 334.79 feet to the North iine of the North 1/2 of the South 1/2 at the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence S.89'52' 43"E. along said North line, a distance of 65.06 feet to its intersection with the Westerly right.-of-way line of said County Road 951; thence S.02'15'04"E. along said right-of-way line; a distance of 334.80 feet to the POiNT OF BEGINNING. Containing 21,763.18 square feet or 0.4996 acres, more or Jess. , P. . . .'(FOR TOlE FIRM) 5834 ~~J.:q ~O J .:CDATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGiNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.' 65061 '....cc. NO. , 135 Wil.nMiller-'~W- -....' e-. ,""""""', an.;.,. , ~_, ~"-bnI. ~,"" Iipw'/lrl"""_'_.r... 1Ill...,tn,..... 'iIIIO'Ilbi;t_,__,ru_,___ iep 2J," 2003 - 16:05:02 Ml..AMUREIX:\SUR\NBQf5\g5r.rl1nn~r1...l' PARCEl NO. I'~.') OR: 4358 ~G: 3183 \ \ .-.. .~ ~ 0::: o o ~ '-' ~ L{) en I I I I I I ~ o 0::: -1 <<: z <<: o ~ L{) en I n::; I L\ 0::: o LJ I L180 I ~~7LJ . ~ LINE L178 L179 L180 L181 L182 L183 LINE TABLE LENGTH 100.09 334.81 65.06 334.79 65.06 334.80 NOTES: BEARING N89'51 '33"W N02'15'04"W N89'52'03"W N02'15'04"W S89'52' 43"E S02'15'04"E 1. This is not a survey, 2. Basis of bearing is the West iine of County Road 951 (C.R. 951) being S 02'16'01" E, Plarida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are par p,lat, unless otherwise noted. 5, ROW represents Right-Of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. 8. O.R. represents Official f~ecards. 9. L.B,E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. FEE SIMPLE INTEREST w COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCmPTION 09/2003 PRQ.JECT NO,: N60 75-005-000 SHEET NUMBER: 735 . OF XXX l 200 "' I I ~ I 0:; I POB\ U LJ L186 I I I ---------------------------------------------L187---~ I 1 5i \__lLe..L__~ \ \~ LINE TABLE LENGTH 100.09 334.81 65.06 5.00 334.79 5.00 334.79 EXHIBIT-L Page J. of 4- \1 . . PARCel NO. '7 .~S- OR: 4358 PG: 3184 1 L189 I . L ~ I ~ o (1:: -' <( z <( u WATERWAYS JOINT VENTURE IV O.R. BOOK 2924, PAGES 3011-3012 r r ~ ~ co co co 0 I ,--., ~ q (1:: '0 o ~ l!) 0> ~ '-' LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florida, being more particuolrly described as fallows: LINE L184 L185 L186 L187 L188 L189 L190 BEARING N89'51 '33"W N02'15'04"W N89'52'03"W N89'52'03"W N02'15'04"W S89'52'43"E S02'15'04"E Commencing ot the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the South line of the Northeast 1 /4 of said Section 34, a distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.OZ'15'04"W. along said right-of-way line, a distance of 334.81 feet to the South line of the North 1 /2 of the South 1 /2 of the Southeast 1 / 4 of the Northeast 1 / 4 of said Section 34; thence N.89'52'03"W" a distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.89"52'03"W. along said South line, a distance of 5.00 feet; thence N,02'15'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 1 /2 of the Southeast 1 /4 of the Northeast 1/4 of said Section 34; thence S.89'52'43"E. along said North line, a distance of 5.00 feetj thence S.02'15'04"E.; a distance of 334.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. NOTES: 1. This is not a survey. I I I \ I 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 02'15'04" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per p.1at, unless otherwise noted. 5. 6. 7. 8. 9. 10. ROW represents Right-of-Way. P.O.B. represents Point of Beginning. P.O.C. represents Point of Commencement. O.R. represents Official Records. L.B.E. represents Landscape Buffer Easement. U.E. represents Utility Easement. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ,P. . . (FOP THE FiRM) FLORIDA LI . NO. 5634 C[-JQ-03 w- I I o 2"0 100 GRAPHIC SCALE (DATE SIGNED) . NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO., 65061 PARCEL NO. , 735 Wil.nMiller..~~- -'e-..EcoIo(IIolo._.~_.~",,-* _,tlc> ,.,...""....._._.1.... ""..,l.n,UOllll.,..__.__."'ZHHIt.__.... COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION PROJECT NO.: N5015-005-000 SHEET NUMBER: 735 OF XXX 09/2003 SeD 23. 2003 - 18:0.5:02 t.llAMUREIX:\SUR\NB01.5\g.51ad100.dwCl I~ 200 m , .<: I-- CI) L3 co C"l UJ ~ :<:: ~ .~ :::J o CI) OJ '<J- Q. :c CJ) 2:: $: 2 ~ I") <: () f:::: () UJ cn EXHIS":-A:- Pao-_ 3 ot~~ C) <: - UJCl tjO:::: :58 QUJ 0:::: !::::C) ~<: ~- ~a cnf:5 Q '" I') I") :::,.1 -lJ) I . , I") ...'-'...1 I') 0:::: :::JCJ) 1--lJ..J 2::C) \::J"Z ~Q I-- 2::~ -C"i 00) ~C"i 5'2:x: :'(0 sO O::::CQ ~. :'CO:::: :S:' o '---- LEGAL DESCRIPTION A portion of Section 34, Township 48 South, Range 26 East, Callier CauntY,Flarida, being a portion 01 those lands described in O.R. Book 2924, Pages 335-337, 01 the Public Records 01 Callier County, Florida, being mare particularly described os follows, Commencing at the Northeast corner of Section 34, Township 4B South, Range 26 East, Col.lier County, Florida; thence N.B9'55'30"W., a distance of 1 00.15 feet to a paint on the Westerly ."Ight-of-woy line 01 County Rood 951 (C.R. 951); thence S.02'15'04"E. along saio Westerly line, a distance of 669.52 leeti thence N.B9'54'27"W., a distance of 65.05 leet; thence S.02'15'04"E., a oistance of 62B.BB feet to the POINT OF . BEGINNING; thence continue S.02' 15'04"W. along said line, a distance of 111.00 feet; thence S.B7' 44' 55"W., a distance of 36.00 leet; thence N.02'15'04"W., a distance 01 111.00 feet; thence N.BT44'55"E., a distance of 36,0 et to .th. POINT OF BEGINNING. Canto I ng ,996.00 square leet or. 0.0917 acre I m e 0 Ie PROJEOT HO.! l \ \ \ \ \ \ \ I \ \ \J :~ \ \ \ \ 1\ \ I 1\ I I NOTES: PARCElNO. '7:2.,9 R: 4358 PG: 3185 I I '--:L28Y--~C. NORTHEAST CORNER SECTION M \ I I ~ 7~ CO OJ L289 I I 5. 6. 7. B. 9. 10. ~ <D o I \ . .. f-i s: q DC ..-. ~ q DC o o -1 <( Z c5 ~ ....... I I 10 ~ \ lj ~ L!) m DC U 1. This Is not a BUrvey. 2. Basis 01 bearing Is the West line of County Road 951 (C.R. 951) being S 02'15'31" E, Florida Stat. Plan. Coordinates NAD B3/90, East Zone. 3. Subject to easements, reservatIons and restrictions or record. 4. Easements shown hereon are per plat, unless. otherwIse noted, ROW repreeents Right-ai-Way. P.O.B. represents Polnl 01 Beginning. P,O.C. represents PoInt of Commencement. O.R. represents OfficIal Records. L.B,E. represents Landscape BUffer Easement. U.E.. represents Utility Easement. LINE L287 L288 L289 L290 L291 1- L292 L293 L29<j. LINE TABLE LENGTH 100.15 669.62 65.05 62B.88 111.00 36.00 111.00 36.00 10/200J. -- IN l Q .. (FOR THE FIRM) FLORIDA Lie. NO. 6066 /t!J/fo~3- _ (DATE SIGNED) "7' / NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED TEMPoRARV MIVEWAY SURVEYOR AND MAPPER. ~~RAnoN eASEMENT CERTIFICATE OF AUTflORIZATION LB #43 (~ON:~'1!EARS FROM ~CEMENT OF CONSTRUCTION) 65061 739 COLLIER COUNTY DEPARTMENT . IM';~Dlin.~;"ar-""""'- OF TRANSPORTATION .'..~".lIrljll~ SKETCH &: DESCRIPTION '"'r>n . -. . "'""""" . .......,..., . ~"-",, . "-",, """""" DRIVE.WA Y RE.STORA TlON EASE.ME.NT ~,hc. 1Oj;., FvllI,fn '/lod'h\do,r... ~/lollr~a.lolll'IiFW.Ild>IIIlHlJt'oo~,Fu~,__"" S.p.25, 2003 - 15:03:09 MlJJ.lURE!X:\SUR\N6015\95hdl00.dwa SHEET NUMBER: 7J9 . OF XXX - All R. GHAHRAMANI, M.D. O.R, BOOK 1422, PAGE 1906 10' CAMDEN COVE PLAT BOOK 39, PAGES 24-25 10 I- 10 "'C ~ (fJ w co w<( >0.. , 0 . po~~ ........z,,, I UW~":j- EClON !-LO <(OJ U :s 0.. 20' BE. 10' P. .E. S 02" 16'20" ---------- ct PARCEL 743 . Tract "A" CAMDEN COVE PLAT BOOK 39. PAGES 24- 25 -Ll0~E._ T-- PARCEL NO. l4 .~ I EXHIBITL '((age_,+- of 4-_ 1:= o ~ I \ l;=: 0 ~ 0 0 ,-j ..-.. ,-j lD CJ:> p:; U .......... 41 ~ u \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -U \ UC ~CFUVl!WAV RESTORATION EASEMENT . RICHARD R. YUREWITCH DURATION' 3 YEARS FROM O.R. BOOK 1533, PAGE 182 (pEMENT' OF C9NS'tRUCTION) COMMEN . . PROJECT NO., 65061 .PARCEl. NO. , 743 WilsqnMiller-'~~- ""-'._._...,..,.....~_._~ 1I'IoonI./Ior, he. !Io*'Fall!w1._._.r.,. ""/l%rln,~%ll.IlIpoo__.___.,,,,_. __"" Sop 25. 2003 - 15,03,09 MlAMUREIX:\SUR\NB015\951odl00.dwg ,-j lD CJ:> ,-j lD CJ:> ~ o ~ ~ u ~ Z :::J o u ':". POC EXISTING WEST ROW LINE q I- 10 .q:: ~ \ I CUENT: l111L DATE: 07/200:1 168 5 o CURVE LENGTH RADIUS CURVE TABLE DELTA TANGENT CHORD CHORD BEARING " OJ J.j.,53 ~38.oa J5.1oi- ..as,OO 17.27 17.58 J.UJ 35.13 NOTES: 1. This is not a survey. . 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning, 7. P.O.C. represents Point of Commencement. 8. O.R. represents Officiai Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. =+ =+ =+ DESCRiPTION: A portion of the Access Easement & Drainage Easement #1, Tract "A", Camden Cove, as recorded in Plat Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being more particularly described as follows: = ::>::l ..... <....> <..TI CD ...", G") Commencing at the Northeast corner of said Tract "A"; thence South 02'15'33" East, along the Easterly line of sold Tract "A", for a distance of 11.56 feet to it's intersection with the North line of said Access Easement & Drainage Easement 111 and the POINT OF BEGINNING; thence continue along Easterly line of said Tract "A", South 02'15'33" East, for a distance of 69.00 feet to it's intersection with the Southeast corner of said Access Easement & Drainage Easement #1; thence 34.53 feet along the South line of Sdid Access Easement & Drainage Easement #1, and along the arc of a circular curve concave north having a radius of 538.00 feet through a centrai angle of 03'40'40" and being subtended by a chord which bears North 89'58'14" West, for a distance of 34.53 feet; th~nc~ North 02'15'33" West, for a distance of 74,24 feet, to a point on the North line of 'said Access Easement & Drainage Easement #1; thence 35~ 14 feet aiong the North line of said Access Easement & Drainage Easement #1, and the arc of a circular curVe. concave south having a radius of 469.00' feet through a central angle of 04'17'33" and. being subtended by a chord which bear~. South B 1'24"46" East, for a distance of 35. 13 f.e.~f .to .lh~ POiNT OF BEGINNING, ' ,~ i <....> ~ CD C>"'> =+ =+ =+ \ Containing or less. ." " feet r~, 5io: acre~: more , .~ .,'" ANDREW 8. 8ECk, p,S.M.; (FOR THE FIRM)',:". FLORIDA L1C, NO. 6065 /c:d~ 1-' .,1' (DATE SIGNED) " liOT VALID WITHOUT THE SIGNATURE AND THE ORGiNAL RAISED SEAL OF A FLORiDA. LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF. TRANSPORTATION SK8"CH &: DESCRIPTION DRM:WAY ROSTORAnON E:AScMcNT' PROJECT NO.: N50IS-00S-000 SHEET NUMBER: 4:1 OF XXX nlf 16B9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 9, 2004 -----.--,....-...,....,... 16C2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 9, 2004 16C3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 9, 2004 .,.- 16C4'1~ MEMORANDUM Date: October 31, 2003 To: Ron Hovell, PE Coastal Projects Mgr. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment NO,l/DEP Agreement No.01C01; Florida Department of Environmental Protection Bureau of Beaches and Wetland Resources Beach Erosion Control Program for the Collier County Beach Nourishment Project Enclosed please find two (2) original agreements as referenced above, (Agenda Item #16C4), as approved by the Board of County Commissioners on October 28, 2003, If you should have any questions, please call me at 774- 8411. Thank you. Enclosures (2) 16C4 "j AMENDMENT No: 1 DEP AGREEMENT No: OlCOl FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND WETLAND RESOURCES BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR Collier County Beach Nourishment Project THIS AGREEMENT as entered into on the 21st day of December, 2001, between the FLOR.IJjA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and COLLIER COUNTY, whose address is 3301 Tamiami Trail Naples, FL 33962, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: Paragraphs 1-39 are hereby deleted in their entirety and replaced with the following: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Collier County Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined in Attachment A-I (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and also the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on December 21S\ 2001 and end on November 1S\ 2005. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1st, 2001 shall be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR 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 these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach (R22-R31), Parkshore (R50-R54), Naples (R58-R79), and Marco Island (R134-R139 and R142-R149). The life of the PROJECT is defined as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. 01C01, Amendment No.1, Page 1 of 8 16 C4 ~ ~ The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each eligible project item must be obtained from the DEPARTMENT prior to the initiation of said item. 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: ESTIMATED PROJECT COSTS Task # Eli2ible Project Items Federal State State Share % Local Total 1.0 Feasibilitv Study 1.1 Marco Island Breakwaters $0 $2,813 50% $2,813 $5,625 Subtotal $0 $2,813 $2,813 $5,625 2,0 Desii!n and Pernùttini! 2.1 Truck Haul $0 $26,308 50%* $50,857 $77 ,166 2.2 Dune Restoration . $0 $0 50%* $0 $0 2.3 Vanderbilt Beach $0 $0 43.73% $0 $0 2.4 Marco Island-South Segment $0 $48,519 26.955% $131,481 $180,000 2.5 Naples Sand Search $0 $552,909 44.77% $682,090 $1,235,000 2.6 Emergencv Response Plan $0 $0 38.24% $0 $0 Subtotal $0 $597,736 $864,428 $1,492,166 3,0 Construction 3.1 Truck Haul $0 $673,746 50%* $1,194,088 $1,867,834 3.2 Dune Restoration $0 $0 50%* $0 $0 3.3 Vanderbilt Beach $0 $0 43.73% $0 $0 3.4 Marco Island-South Segment $0 $269,550 26.955% $730,450 $1,000,000 Subtotal $0 $943,296 $1,924,538 $2,867,834 4,0 Monitorini! 4.1 County Wide Monitoring $0 $94,653 50%* $94,653 $189,305 4.2 Project Monitoring $0 $257 50%* $456 $713 Subtotal $0 $94,910 $95,109 $190,018 TOTAL PROJECT COSTS $0 $1,638,755 $2,886,888 $4,555,643 *50% cost share applied to applicable PROJECT eligibility as set forth in Paragraph 6 7. The DEPARTMENT's financial obligation shall not exceed the sum of $1,668,755 for this PROJECT. Further, the DEPARTMENT's share of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1.1 and 4.1,50%; Tasks 2.3 and 3.3, 43.73%; Tasks 2.4 and 3.4,26.955%; Task 2.5,44.77%; Task 2.6,38.24%; Tasks 2.1, 2.2, 3.1, 3.2, and 4.2, shall be cost shared at 50% of the applicable PROJECT eligibility set forth in Attachment B-1. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 8. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. REMAINDER OF PAGE INTENTIONALLY LEFf BLANK DEP Agreement No. 0ICOl, Amendment No.1, Page 2 of 8 "" 16C4 9. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-1 (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. 10. Paragraph intentionally left blank. 11. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C-1 (Comptroller's Contract Payment Requirements), attached hereto and made a part hereof, and state guidelines for eligible costs found in the Statè Comptroller's Voucher Processing Handbook at (<http://www.dbf.state.fl.us/aadir/mainindex.html>). The LOCAL SPONSOR will submit a request for reimbursement of funds on the forms provided as Attachment D-1 (Request For Payment, PARTS I - IV), attached hereto and made a part hereof, on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR's Project Financial Officer and 1r submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 12. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 01C01, Amendment No.1, Page 3 of 8 16C4~- 13. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reportiIig period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. 14. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E-1 (Project Completion Certification). The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. 15. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 16. The applicable provisions of Chapter 161, Florida Statutes, entitled Beach and Shore Preservation, and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 17. The LOCAL SPONSOR's Project Manager for all matters is Ronald Hovell, Phone: 941/530-5342. The DEPARTMENT's Project Manager for all technical matters is Russell Snyder, Phone: 850/487- 1262, ext. 170 and the DEPARTMENT's Grant Program Administrator for all administrative matters is C. Tony Tucker, Phone: 850/487-1262, extension 192, or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 18. 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 Statutes. 19. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 20. Any and all notices shall be delivered to the parties at the following addresses: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 01C01, Amendment No.1, Page 4 of 8 16C¡"-' LOCAL SPONSOR DEPARTMENT Ronald Hovell Collier County Government Center 3301 Tamiami Trail Naples, FL. 33962 C. Tony Tucker, Grant Program Administrator Department of Environmental Protection Bureau of Beaches and Wetland Resources 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, extension 192 21. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 22. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 23. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F-l (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F-1. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Manager to request a copy of the updated information. The LOCAL SPONSOR is hereby noticed that the Florida Single Audit Act and Special Audit Requirements may further apply to subcontracts and lower tier transactions that may result pursuant to this Agreement. The LOCAL SPONSOR may confer with its chief financial officer, audit director or contact the state officials identified under Part II of Attachment F-l for assistance with questions pertaining to the applicability of these requirements. 24. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 25. The LOCAL SPONSOR 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. 26. This Agreement 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 Agreement shall be interpreted in such mann~r as to be effective and valid under applicable law, but if any provision of this Agreement 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 Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 27. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, 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. DEP Agreement No. 0ICOl, Amendment No.1, Page 5 of 8 i 6C4"'--' 28. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Cmnpensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case ariy class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 29. The LOCAL SPONSOR 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 Agreement. 30. This Agreement 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. 31. A. 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 Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 32. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR 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 LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. DEl' Agreement No. OICOI, Amendment No.1, Page 6 of 8 33. 34. 35. 36. 37. 38. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 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 Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement 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 Agreement, unless otherwise provided herein. Attachment(s) A-F are hereby deleted in their entirety. Attachment(s) A-1 through F-1 as attached hereto are hereby added to the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. O1CO1, Amendment No. 1, Page 7 of 8 In all other respects, the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY By: Title: *Chairman Date: l 0]~/0~;~ FF_,ID No.59-6000558 .,pproved as to form & legal sufficiency '~-'~.,i' J'"" Cob.nty'Atibrney' ~.*. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee DEl~rant~:'ro~ram Administrator APPROVED as to form and legality: If someone otl~~I~ ~an~ this Agreement, a resolution, statement or other documentation authorizing that person to sig~'~ Xgreement on behalf of the County/City must accomp~y the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ 'Type Number Description (include number of pages) Attachment A- 1 Attachment B- 1 Attachment C- 1 Attachment D-1 Attachment E- 1 Attachment F-1 Project Work Plan (1 page) Funding Eligibility (1 page) Comptroller's Contract Payment Requirements (1 page) Request For Payment (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. O1CO1, Amendment No. 1, Page 8 of 8 ATTACHMENT A-1 PROJECT WORK PLAN Collier County Beach Nourishment Project The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach (R22-R31), Parkshore (R50-R54), Naples (R58- R79), and Marco Island (RI34-R139 and R142-R149). The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, Unless otherwise specified. Task No: Eligible P~oject Item: 1.0. Feasibility Study 2.0. 3.0. 4.0. Conduct studies necessary to determine the feasibility and extent of improvements necessary to accomplish the goals of the PROJECT. Investigations shall include, but may not be limited to, the following: physical and environmental surveying; reconnaissance-level geotechnical services; coastal engineering analysis; economic studies; environmental analysis; real estate studies; and plan formulation. Design and Permitting Professional services required for engineering and design, obtaining authOrizations and the preparation of plans and specifications. This application fees or any other fees paid to the State of Florida. environmental permits and other item specifically excludes permit Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shah be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Attachment A-1, DEP Agreement No. O 1 CO 1, Amendment No. 1, Page 1 of 1 ATTACHMENT B-1 FUNDING ELIGIBILITY Collier County Beach Nourishment Project Vanderbilt Beach Segment Project Boundary: 350' south of R22 to 110' north of R31 Approximate Shoreline Length: 8,735' Public Access Delnor-Wiggins State Recreation Area* Vanderbilt Beach Road* On-site Adjacent Total Spaces Spaces Spaces 340 0 340 149 18 167 *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Qualifying Hotels La Playa Qualifying Shoreline 360' Area determined to be publicly accessible 350' south of R22 to 150' north of T25 R26 to 110' north of R31 Total Length 2,640' 5,000' Total eligible shoreline length: 7,640' Total project shoreline length: 8,735' Percent eligible for State funding: 87.46% Attachment B-i, DEP Agreement No. 01CO1, Amendment No. 1, Page 1 of 6 Parkshore Segment Project Boundary: 400' north of T50 to 390' south of T54 Approximate Shoreline Length: .5,130' Total Public Access Public On-site Parking Spaces Permit Total Horizon Way 28 14 42 Velada Way 27 10 37 Adjacent Eligible Spaces Spaces 0 28 0 27 Area determined to be publicly accessible 160'' south of T51 to 240' south of T54 Total Length 3,094' Total eligible shoreline length: 3,094' Total project shoreline length: 5,130' Percent eligible for State funding: 60.31% Attachment B-l, DEP Agreement No. 01CO1, Ame:ndment No. 1, Page 2 of 6 Naples Segment- Project Boundary: 1,500' north of R58 to R79 Approximate Shoreline Length: 19,460' Public Access Lowdermilk Park 8m Avenue North 7th Avenue North North Lake Avenue 6th Avenue North 5th Avenue North 4th Avenue North 3rd Avenue North 2nd Avenue North 1st Avenue North Central Drive 1st Avenue South 2na Avenue South 3rd Avenue South 4th Avenue South 5th Avenue South 6th Avenue South 7th Avenue South 8th Avenue South ' 9th Avenue South l0th Avenue South 1 lt~ Avenue South Broad Avenue 12m Avenue South* 13th Avenue South 14th Avenue South 15th Avenue South 16th Avenue South 17th Avenue South 18th Avenue South 19th Avenue South** 21st Avenue South TOTAL On-site P~ng Spaces A~acentParking Spaces Eligible Public Permit Public Permit Spaces 52 162 0 0 52 21 0 0 0 21 10 2 0 0 10 19 18 0 0 19 6 4 0 0 6 0 0 0 0 0 11 4 0 0 11 10 4 0 0 10 12 4 0 0 12 11 6 0 0 11 8 4 0 0 8 5 11 0 0 5 7 4 0 0 7 8 6 0 0 8 10 5 0 0 10 21 0 20 15 41 4 8 0 0 4 10 6 0 0 10 6 5 0' 0 6 11 4 0 0 11 15 6 0 0 15 8 5 0 0 8 20 0 28 0 48 4 0 103 0 107 22 0 9 0 31 16 14 0 0 16 10 8 6 0 16 16 13 4 0 20 7 3 5 0 12 12 13 14 0 26 0 0 0 0 0 0 0 0 73 0 *Primary beach access containing a minimum of 100 parking spaces and.~ublic restrooms. **Qualifies southern 140' of project area using 3 surplus spaces from 18WAvenue South. Attachment B-i, DEP Agreement No. 01CO1, Amendment No. 1, Page 3 of 6 Qualifying Hotels Edgewater Motel Qualifying Shoreline 265' Area determined to be publicly accessible R59 to R79 Total Length 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% Attachment B-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 4 of 6 Marco Island, Central Segment Project Boundary: 390' south of R134 to 380' south of R139 Approximate Shoreline Length: 5,020' Public Access Spaces Tiger Tail Park* 100+ On-site *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Area determined to be publicly accessible 390' south of R134 to 225' north of R137 Total Length 2640' Total eligible shoreline length: 2,640' Total project shoreline length: 5,020' Percent eligible for State funding: 52.59% Attachment B-1, DEP Agreement No. 01 CO 1, Amendment No. 1, Page 5 of 6 Marco Island, South Segment Project Boundary: 330' south of R142 to 940' south of R148 Approximate Shoreline Length: 6,530' Public Access Swallow Avenue Spaces 70 On-site Qualifying Hotels Hilton Hotel Radisson Hotel Qualifying Shoreline 510' 350' Area determined to be publicly accessible 330' north of R144 to 500' north of R145 20' north of R146 to 780' south of R148 Total Length 860' 2,660' Total eligible shoreline length: 3,520' Total project shoreline length: 6,530' Percent eligible for State funding: 53.91% Attachment B-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 6 of 6 ATTACHMENT C-1 Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost ReimburSement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net Pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel VOucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid inVoices/receipts. If nonexpendable property is purchased using State funds, ~he contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Attachment C-1, DEP Agreement No. 01 CO 1, Amendment No. 1, Page 1 of 1 . ATTACHMENT D-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: Collier County Beach Nourishment Project Grantee: Collier Co.unty Billing Number: Costs Incurred This Payment Request: DEP Contract Number: 01CO1 Billing Period: Billing Type: [] Interim Billing [] Final Billing Federal Share* State Share $. $ *if applicable Cost Summary: State Funds Obligated Less Previous Payment $ Less Previous Retained $ Local Share Total Local Funds Obligated $ Less Previous Credits $ Less This Payment $. Less This Credit Less This Retainage (10%) $. Local Funds Remaining State Funds Remaining $. Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Wetland Resources approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 1 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART H REIMBURSEMENT DETAIL Name, of Project: Collier County Beach Nourishment Grantee: Collier County DEP Contract Number: 01CO1 Billing Number: Billing Period: Summary of Invoices: Task Date of Invoice Amount of No./ Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date Attachment D-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 2 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Collier County Beach Nourishment Project DEP Agreement Number: 01CO1 Name of Project: Grantee: Collier County Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0. FEASIBILITY STUDY 2.0. DESIGN AND PERMITTING 3.0. CONSTRuCTIoN 4.0. MONITORING Attachment D-i, DEP Agreement No. 01CO1, Amendment No. 1, Page 3 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: Collier County Beach Nourishment Project. Grantee: Collier County DEP Contract Number: 01CO1 Report Period: Project Expenditures Costs Incurred Costs Incurred Task Eligible Project Items This Report Period to Date No. 1.0 Feasibility. Study $ $ Total Funds Obligated $5,625 2.0 Design and Permitting $ $ $1,492,166 3.0 Construction $ $ $2,867,834 4.0 Monitoring $ $ TOTAL $190,018 $4,555,643 Attachment D-l, DEP Agreement No. 01CO1, Amendment No. 1, Page 4 of 4 ATTACHMENT E-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: Collier County Beach Nourishment Project Grantee: Cbllier County DEP Agreement Number: 01CO1 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date *Requests for the Department's release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion. If this Certification pertains only to the completion of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition to the required signature above: Requested Amount of Release: Period of Services: Completed Task Description: Attachment E-I, DEP Agreement No. 01CO1, Amendment No. 1, Page 1 of 1 ATTACHMENT F-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with .OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor Generak AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-l, DEP Agreement No 01CO 1, Amendment No. 1, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipie, nt, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the. Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other statd agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf, state.fl.us/, and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part wouM be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial, assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as.revised, and required by PART I of this Agreement shall .be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Attachment F-I, DEP Agreement No 01CO1, Amendment No. 1, Page 2 of 5 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Co Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant reporting issued by to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the package described in Section .320(c), OMB Circular A-133, as revised, and any management letters the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local government entities) or Chapter 10.600 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Attachment F-I, DEP Agreement No 01CO1, Amendment No. 1, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, the Comptroller, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. , REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F-I, DEP Agreement No 01CO1, Amendment No. 1, Page 4 of 5 MEMORANDUM Date: October 31, 2003 To: Paul Kwa Beach and Utilities Manager From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2003-373/continued state funding of coastal projects Enclosed please find a copy of the document, resolution number 2003-373 as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on October 28, 2003. If you have any questions, please contact me at 774-8406. Thank you. Enclosure RESOLUTION NO. 2003- 3 7 3 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE CONTINUED $30 MILLION IN STATE FUNDING ANNUALLY FOR BEACH MANAGEMENT AND OPPOSING LEGISLATION THAT ALTERS THE ALLOCATION OF DOCUMENTARY STAMP TAX REVENUES TO THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND. WHEREAS, beaches are Florida's most recognized and productive economic and environmental asset; and WHEREAS, sandy beaches, including those enhanced by beach restoration and nourishment, are Florida's largest playground, public park, and habitat for endangered species; and WHEREAS, Florida had approximately 75.6 million visitors in 2002, with beaches being its number one tourist attraction; and WHEREAS, according to statistics from the year 2000, Florida's economy benefits from $21.9 billion in direct spending and $19.7 billion in indirect spending by beach-going tourists; and WHEREAS, beaches contribute over $1 billion in tourist-related sales tax to state revenues annually; and WHEREAS, 442,000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches; and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically-eroded; and WHEREAS, the Florida Legislature, pursuant to Section 161.088 F.S., has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary governmental responsibility to preserve Florida's beaches and make provision for beach nourishment projects, and WHEREAS, the Florida Legislature, in 1998, pursuant to s. 161.091, and s. 201.15 (11), unanimously reaffirmed its commitment to our beaches by providing that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding; and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources; and WHEREAS, to provide anything less than the $30 million in state funding for FY 04-05 will result in federal and state matching beach dollars being diverted to other uses, and will send a message to intergovernmental partners that the State of Florida is backing away from its commitment to healthy beaches for future generations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that: Collier County, Florida strongly urges the Florida Legislature to fully fund the Department of Environmental Protection's beach erosion control project priority list for FY 04-05 for $30 million as provided for in Chapters 161 and 201, Florida Statutes, and BE IT FURTHER RESOLVED that THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, respectfully requests that the 2004 Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. This Resolution adopted this o~,g~''l day of October, 2003 after motion, second and majority vote favoring same. By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA TOM HENNING, Chairman Approved as to form and legal sufficiency: H~idi 15. ~'~ht~n ' Assistant County Attorney ITEM NO' FILE NO.: ROUTED TO: DATE, RF--.GEI~E~ 6 07 COUI"iT',/ Al, Onl,J "' ?¥3 DO NOT WRITE ABOVE THIS LINE Date' To: From: Re: REQUEST FOR LEGAL SERVICI=~ October 29, 2003 Office of the County Attorne~,~,// Attention: R~eect..~-,.a~-. ry$~r,~.ff._..7~:~-A' "~"'-./t,,~il~L) .~-[-~ ~' ' Kelsey Ward, Senior Purchasing & Contracts Agent Purchasing Department, Extension 8949 Administrative Services Division / Contract No. 03-3427; "Environmental Engineering, Reme tion and Restoration Services for Collier County" Professional Service Industries (PSI); Contractor C ' Mactec; Contractor Metcalf & Eddy; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on October 28, 2003; Agenda Item 16(C)(7). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Kevin H. Dugan, Solid Waste Department 16C7 Contract # 03-3427 Environmental ,Engineering, Remediation and Restoration Services for Collier County THIS AGREEMENT is made and entered into this ~day of ~C~r~' 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Professional Service Industries, Inc. {PSI) a Delaware Corporation, authorized to do business in the State of Florida, whose business address is 5801 Benjamin Center Drive, Suite 112, Tampa, Florida, 33634 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Environmental Engineering, Remediation and Restoration services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 without approval by the Board of County Commissioners. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal fOr provision of those services; and WHEREAS, the CONSULTANT represents that professional services that will be required by the OWNER. it has expertise in the type of NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1607 1.1. CONSULTANT shall provide to OWNER professional Environmental Engineering, Remediation and Restoration services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 1_ 6C7"! and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Environmental Engineering, Remediation and Restoration consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-of-town travel required of CONSULTANT and dire,ct by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1 1. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define O ' WNER s policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5,2, Subcontractual services, if any, shall be invoiced by the CONSUL NT al~ ~h~ actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. -10- 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. -ll- ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. -14- 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement Or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. -15- ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and coNSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent. upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of t~'Agrebment. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Professional Service Industries, Inc. (PSI) 5801 Benjamin Center Drive Suite 112 Tampa, FL 33534 Attention: Mr. Larry P. Moore 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #03-3427 - "Environmental Engineering, Remediation and Restoration Services for Collier County", Consultant's Fee Schedule "A", Insurance Cove. rage Schedule "B", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Environmental Engineering, Remediation and Restoration Services for Collier County the day and year first written above. -20- ATTEST: · -" ,,. · F.'"'~" Dw,ght B4'~ro.~ ApPrr,¢~f-a.s t© A~sistant County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVIS,~F T.~/TATE ~F FLORIDA Tom Her~ning, Chagrin Professional Service Industries, Inc. (PSI) Witnessed: (Type name): Nana 6. Faulkner (Type name): Grant Ha~kins By: (Type name):, Donald R. (Title): Vice President Polanis, J (CORPORATE SEA -21- SCHEDULE A Collier County Standard Fee Schedule RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" $150.00/hr $120.00/hr $100.00/h r $90.00/hr $80.00/hr $55.00/hr $45.00/hr $150.00/hr Professional Principal (partners and associates) Senior Engineer/Scientist/Ecologist/Geologist Project Manager Engineer/Scientist/Ecologist/Geologist Environmental Specialist/Hyd rogeologist Senior Technician Technician Expert Witness Support Administrative Assistant, Secretary Clerical, other support $45.00/hr $35.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OFSCHEDULEA -22, SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -2.3- by the Owner of the work under this Agreement. following: (check one) X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 1_607 Limits of Liability shall not be less than the $1,000,000 $1,000,000 SI,000,000 SI,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS O.F INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and inthe aggregate -24- Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE i 'I~NO LOGAN SQUARE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PHILADELPHIA, PA 19103-2797 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: CELESTINE RAY FAX: 215-246-1367 COMPANIES AFFORDING COVERAGE COMPANY 19623 -PSI-GAWU-01-02 A ZURICH AMERICAN INS. CO. INSURED COMPANY PROFESSIONAL SERVICE INDUSTRIES, INC. B N/A CORPORATE OFFICE 1901 S. MEYERS ROAD, SUITE 400 COMPANY OAKBROOK TERRACE, IL 60181 C N/A COMPANY D ~CO~E~GE~ fica e · ~ ~ia(: ' ~ ' ...... ~ ~ ...... - ,:' ..... ~ .......... = ......... ?~<~ THIS IS TO CERTIFY THAT POUClES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE {MMIDD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITYGLO 6580471-12 03/01/03 03/01/04 PRODUCTS-COMP/OPAGG $ 2,000,000 :~.: CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X ~rod ! c. nmnlRtRd nn~ FIRE DAMAGE (Any one fire) $ 1,000,000 X Contractual MHD EXP (An},oDe pemon) $ 5,000 A AUTOMOBILE LIABILITY BAP 6580472-12 (ADS) 03/01/03 03/01/04 COMBINED SINGLE LIMIT $ 2,000,000 ~ ANYAUTO TAP 6580473-12 (TX) 03/01/03 03/01/04 __ ALL OWNED AUTOS BAP 8242566-07 (MA) 03/01/03 03/01/04 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY -- NON-OWNED AUTOS (Per accident) -- PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY- EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE : $ OTHER THAN UMBRELLA FORM $ A WORKERSEMPLOYERs,COMPENSATIONANDLIABiLiTY WC 6580421-12 (ADS) 03/01/03 03/01/04 X I WCSTATU- I I OTH ..... ~. TORY LIMITS ER WC 9302890-01 03/01/03 03101/04 EL EACH ACCIDENT $ 1,000,000 PARTNERS/EXECUTIvETHE PROPRIETOR/ X~ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 OFFICERS ARE:II EXCL EL DISEASE-EACH EMPLOYEE$ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: CONTRACT 03-3427; ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY. COLLIER COUNTY GOVERNMENT IS INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY VIRTUE OF A WRITTEN CONTRACT, BUT ONLY TO THE EXTENT OF THEIR LIABILITY RESULTING FROM THE NEGLIGENCE OF THE INSURED AND WITH RESPECT TO ,c;FRVIC~F,C; PROVI~FF~ RY TI-IF INF;IIRF[') FOR THF ADDITIONAl IN,C;IJRFD. FXC. FPT FOR WORKERS' COMPENSATION, , CERTIE C'A~Eu~r'~'' COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION ,7tie INSURER AFFORDING COVERAGE WiLL ENDEAVOR TO MAIL 30 DAYS WRI13~N NOTICE TO THE ATTN: ' PURCHASING DEPARTMENT CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE 'rD MAIL SUCH NOTICE SHALL IMPOSE .O OBLIGATION OR 3 30 t E. TAM IAMI TRAIL LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, Frs AGENTS OR REPRESENTATff~/ES, OR THE NAPLES, FL 34-1 1 2 ~SSUER OF THIS, CER'DFICATE. MARSH USA inc. BY: MaryRadaszewski ~%~i~.~-j £~'~--'~.~-~'z/~ ~_:7,~<.,.--,~, I t'~:v:~-)~,~:~ 09~03~03 MARSH USA ,INC. CERTIFICATE OF INSURANCE CLE-OOO52472O-OO PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA ING. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE TWO LOGAN SQUARE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PHILADELPHIA, PA 19103-2797 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE i i COMPANY )9623 -PSI-GAWU-01-02 " A N/A INSURED COMPANY PROFESSIONAL SERVICE INDUSTRIES, INC. ; B N/A CORPORATE OFFICE 1901 S. MEYERS ROAD, SUITE 400 i COMPANY OAKBROOK TERRACE, IL 60181 ~ C GULF UNDERWRITERS INSURANCE COMPANY COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate ~6~h~ P~li~ ~r]~d THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. = POLICY EFFECTIVE POLICY EXPIRATION CO I TYPE OF INSURANCE i POLICY NUMBER LIMITS LTR i DATE {MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY i GENERAL AGGREGATE ! $ ; ~ I COMMERCIAL GENERAL LIABILITY ! i PRODUCTS - COMP/DP AGG ; CLAIMS MADE OCCUR I ] PERSONAL & ADV INJURY ow ,ER'S = CONTRACTOR'S PROT I ~ACH OCCURRENCE ~ .__ FIRE DAMAGE (Any one fire) j MED EXP (An}, one person) AUTOMOBILE LIABILITY i_ i I COMBINEDSINGLELIMIT $ ANY AUTO r I ALL OVVNED AUTOS r BODILY INJURY .... ~, ! ' i (Per person) I i SCHEDULED AUTOS I -- i HIRED AUTOS BODILY INJURY i NON-OWNED AUTOS : (Per accident) ~ I , i PROPERTY DAMAGE { I GARAGE LIABILITY [ [ [ AUTO ONLY- EA ACCIDENT i ANY AUTO ~ i I OTHER THAN AUTO ONLY: [ i J ___ EACH ACCIDENT ~ , I AGGREGATE $ i EXCESS LIABILITY ! I EACH OCCURRENCE UMBRELLA FORM I AGGREGATE $ , OTHER THAN UMBRELLA FORM , I WORKERS COMPENSATION AND I WC STATU- i ] OTH-:. TORY LIMITS ER EMPLOYERS' LIABILITY i F---I i EL EACH ACCIDENT ' THE PROPRIETOR/ PARTNERS,EXECUTIVE iINcL i : EL ISEASE-PO.CY LIMIT $ __ , OFFICERS ARE: I i EXCL I EL DISEASE-EACH EMPLOYEE OTHER C ENVIRONMENTAL GU 2825448 03/01/02 03/01/04 $1,000,000 PER CLAIM i CONSULTANTS $1,000,000 AGGREGATE 'l PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESfSPECIAL ITEMS {LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE: ,CONTRACT 03-34-27; ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY. CERTIFICATE :HOLDER CANCELatION :: : COLLIER COUNTY GOVERNMENT SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, ADMINISTRATIVE SERVICES DIVISION THE INSURER AFFORDING COVERAGE V~LL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE ATTN: PURCHASING DEPARTMENT 3301 E. TAMIAMI TRAIL CERTiFiCATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR NAPLES, FL 34112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. MARSH USA INC. BY: Martin J Samchalk ~~ J. ; ~A~lb AS 6F'~9/03/03 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Professional Service Industries, Inc. (PSI) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Environmental Engineering, Remediation and Restoration Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: -26- 16C7 Contract # 03-3427 Environmental Engineering, Remediation and Restoration Services for Collier County THIS AGREEMENT is made and entered into thiso~'"~day of ~ , 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Metcalf & Eddy, Inc., a Delaware Corporation, authorized to do business in the State of Florida, whose business address is 3740 Executive Way, Miramar, Florida 33025 (hereinafter referred to as the "CONSULTANT"). WITN ESS ETH:. WHEREAS, the OWNER desires to obtain professional Environmental Engineering, Remediation and Restoration services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 without approval by the Board of County Commissioners. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Environmental Engineering, Remediation and Restoration services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 16 ? and performed under this A§reement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the GONSULTANT, the OONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the OONSULTANT, acknowledgin§ that the Work Manager under the Work Order shall have full authority to bind and obligate the GONSULTANT on all matters arisincj out of or relating to such Work Order and this Agreement. The GONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the OONSULTANT hereunder. The person selected by the GONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Environmental Engineering, Remediation and Restoration consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. Preparation of applications and supporting documents (except those r o be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16 7 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- 16C7 instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other prOperty rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fiXed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5.6. Payments for Basic Services, Additional Basic Services, $ub¢ontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. -11- ARTICLE SEVEN MAINTENANCE OF RECORDS. 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions, In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies -13- shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. -14- 9.6. Should at any time the CONSULTANT not maintain the insurance coverage~ required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. -15- ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following, reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that 16 7 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director -18- 16 7 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Metcalf & Eddy, Inc. 3740 Executive Way Miramar, FL 33025 Attention: Mr. Mark S. Blanchard 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. -19- 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #03-3427 - "Environmental Engineering, Remediation and Restoration Services for Collier County", Consultant's Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Environmental Engineering, Remediation and Restoration Services for Collier County the day and year first written above, -20- ATTEST: Dwight E..Brook, ~Glerk Date; 'J0-/' ~'~C~V,.~'. ~_' App~dved as to for~) and A~sta~ Coun~ A~orney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIV.~N O~.~7 STATE OF FLORIDA By: "-'~% ~Henning, Cha~an Metcalf & Eddy, Inc. 3740 Executive Way ~iramr, Florida 33025 Witnessed: (Typ/e ~n~'): Ale~irandro Toro (Type name): Richard tilL-us (Type name): Mark S. ]~lanchard (Title)' Vice President (CORPORATE SEAL) -21- SCHEDULE A Collier County Standard Fee Schedule RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" Professional Principal (partners and associates) Senior Engineer/Scientist/Ecologist/Geologist Project Manager Engineer/Scientist/Ecologist/Geologist Environmental Specialist/Hyd rogeologist Senior Technician Technician Expert Witness $150.00/hr $120.00/hr $100.00/hr $90.00/hr $80.00/hr $55.00/hr $45.00/hr $150.00/hr Support Administrative Assistant, Secretary Clerical, other support $45.00/hr $35.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OFSCHEDULEA -22- SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the ContractodConsultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23 - by the Owner of the work under this Agreement. following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Limits of Liability shall not be less than the $1,000,000 $1,000,000 SI,000,000 SI,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -:24- (2) Any deductible applicable to any claim e~s~ ,r~s'~ """ .,11 , shall be th , onsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULEB. -25- PRODUCER DM Aon Risk Services, Inc. of Southern California 707 Wilshire Boulevard, Suite 6000 Los Angeles, California 90017 (213) 630-3200 CODE SUB.ODE INSURED Metcalf& Eddy, Inc. 3740 ExecutiveWay Miramar, FL 33025 THIS CERTIFICATE IS ISSUED AS A MA'~'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE CQVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY 'ETTER A Insurance Co. of the State of PA COMPANY LETTER a COMPANY C LETTER COMPANY LETFER D COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS ONS, AND COND TONS OF SU( ;H POL C ES. THE L M TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POuCY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURRENCE OWNERS & CONTRACTORS PROTECTIVE AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILrr~ EXCESS LIABIL~Y UMBRELLA FORM OTHER THANUMBRELLAFORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC5211043 (ACS) WC5211044 (CA) 4/1/2003 4/1/2003 4/1/2004 4/1/2004 GENERAL AGGREGATE PRODUCTS*COMP/CPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) CSL BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE STATUTORY [] EACH AGGREGATE OCCURRENCE $ $ $ · 1,000 (EACH ACCIDENT) 1,000 (DISEASE POLICY LIMrO 1,000 (DISEASE EACH EMPLOYEE) OTHER MEMIS?12 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS: Re: Contract 03-3427; Environmental Engineering, Remediation and Restoration Services for Collier County ~ SHOULD ANY OF THE ABOVE DESCR BED POL C ES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Collier County Government 3o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Purchasing Building BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY At[n: Kelsey Ward, Sr. Purchasing & Contracts Agent 3301 E. Tamiami Trail OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 ~!i!~ii~ AUTHORIZED REPRESENTATIVE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON TIlE CERTIFICATE HOLDER OTHER THAN THO,~ ~RO~DED IN THE 777 South POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALT FT~OV~II~ Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. ! ~ ~r - ./ CA License #0437153 Los Angeles, CA 90017 COMPANIES AFFORDING COVE~ I['G~,. Attn: Michelle Ridgle (213) 346-5588 COMPANY 36510-AECOM-CAS-2003 M&E LLAFL MIRAM FL A ACE American Insurance Company INSU RED COMPANY M&E MIRAMAR B 3740 EXECUTIVE WAY MIRAMAR, FL 33025 COMPANY C Illinois Union Insurance Company COMPANY D N/A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NO'PNITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE {MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY HDC G20589905 04/01/03 04/01/04 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP/OP AGG $ 1,000,000 ICLAIMS MADE r~ occur PERSONAL&ADVINJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (Any one person) $ A AUTOMOBILE LIABILITY ISA H07849631 04/01/03 04/01/04 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ t AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM i $ WORKERS COMPE.~SAT!ON AND I r WCST,~,TU.I ~ ~ ~ .,~ ~,~ EMPLOYERS'LIABILITY i TORY LIMITS, I EL EACH ACCIDENT THE PROPRIETOR/ I I INCL EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EAcH EMPLOYEE C OTHER EON G21654693 001 04/01/03 04/01/04 $1,000,000 ARCHITECTS & ENG, ""CLAIMS MADE .... PER CLAIM/AGGREGATE , PROFESSIONAL LIAB. DEFENSE INCLUDED DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPEClAL ITEMS JOB: CONTRACT: 03-3427; ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY. COLLIER COUNTY IS NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. COLLIER COUNTY GOVERNMENT CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PURCHASING BUILDING ATTN: KELSEY WARD, SR. PURCHASING & CONTRACTS LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE AGENT 3301 E. TAM IAMI TRAIL ISSUER OF THIS CERTIFICATE. NAPLES, FL 34112 MARSH USAINC, BY: John F Wesley VALID AS OF: !09/04/03 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Metcalf 8, Eddy, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Environmental Engineering, Remediation and Restoration Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: Hark S. Blanchard, Vice President DATE: SepLember 8, 2003 -26- 16 Contract # 03-3427 Environmental Engineering, Remediation and Restoration Services for Collier County THIS AGREEMENT is made and entered into this , day of _~~1"'" , 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Delaware MACTEC En.qineerin.q and Consultinq~,~mm~e-, Inc. a x3~eer--~jia Corporation, authorized to do business in the State of Florida, whose business address is 1105 Sanctuary Parkway, Suite 300, Alpharetta, Georgia, 30004 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Environmental Engineering, Remediation and Restoration services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 without approval by the Board of County Commissioners. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16C7"" 1.1. CONSULTANT shall provide to OWNER professional Environmental Engineering, Remediation and Restoration services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- lrofi7" requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Environmental Engineering, Remediation and Restoration consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or -6- instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. I6C7 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through two (2) years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. -8- 1AC7 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. -9- 5,2. :!. 6 C7""'" Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order. Work Order assignments in excess of $90,000 shall be approved by the Board of County Commissioners. -10- . 6C7 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. -11- ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company/companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies -13- shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. -14- ' 607 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 1 1.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. -tS- ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of Agre~n{ent. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, FI. 34112 Attention: Purchasing Director -18- 16.2. All notices required or made pursuant to this Agreement to be given by theO to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: MACTEC Engineering and Consulting Attention: ;Jr. Kcn~;',I H. Shcrd!! 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County", Consultant's Fee Schedule "A", Insurance Coverage Schedule "B", Truth in Negotiation Schedule "C". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Environmental Engineering, Remediation and Restoration Services for Collier County the day and year first written above. -20- ATTEST: .~," . Dwigh~ E. ,Brock, _C.,1~¢~,. ,, [~'Yat~i i, O'- A(~° 0 ,~2~:' -'' ''~' C. '. i:' ' '... '.....&.,... ~.~ ........,..'?17. App~o~,"~'~t~' fd~nd le~uffbie~:1 Assistant County A~orney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SU BDIVI~F ~~S~TzA~...TE OF FLORI DA MACTEC Engineering and Consultin~K ~- .... :',.~.'"'". Witnessed: (Type name): By: (Type name): (Typgnarr~)~ (Title): (CORPORATE SEAL) -21- SCHEDULEA Collier County Standard Fee Schedule RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" $150.00/hr $120.00/hr $100.00/hr $90.00/hr $80.00/hr $55.00/hr $45.00/hr $150.00/hr Professional Principal (partners and associates) Senior Engineer/Scientist/Ecologist/Geologist Project Manager Engineer/Scientist/Ecologist/Geologist Environmental Specialist/Hydrogeologist Senior Technician Technician Expert Witness Support Administrative Assistant, Secretary Clerical, other support $45.00/hr $35.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OFSCHEDULEA -22- SCHEDULE B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall minimum requirements with the use of Insurance Services endorsements or their equivalents. conform to the following Office (ISO) forms and WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -:23- by the Owner of the work under this Agreement. following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Limits of Liability shall not be less than the $1,000,000 SI,000,000 SI,000,000 SI,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -2.4- (2) Any deductible applicable to any claim shall be the sole Consultant/Professional and shall not be greater than $50,000 each claim. responsibility of the (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END Of SCHEDULE B. -25- CERTIFICATE NUMBER MARSH CERTIFICATE OF INSURANCE SEA-Ooo648s46-04 ~RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, [NC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attm Steve Wilson 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY .159009-12345-PL- 162 CANC A ZURICH AMERICAN INSURANCE COMPANY NSURED COMPANY MACTEC ENGINEERING AND CONSULTING, INC. B N/A ATTN: LAVENTRICE WILHELM (303) 273-5017 1105 SANCTUARY PARKWAY, SU ITL 300 COMPANY ALPHARE-FI-A, GA 30004 C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. COMPANY i D COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION CO i TYPE OF INSURANCE POLICY NUMBER LIMITS LTR ' DATE (MM/DDIYY) DATE (MMIDDIYY) ENERAL LIABILITY GENERAL AGGREGATE i $ 2,000,000 A IX-1 COMMERCIAL GENERAL LIABILITY GLO 2258628-06 09/01/03 09/01/04 PRODUCTS- COMP/DP ^9_G $ _ 2,000,000 ,_~ CLAIMS MADE ~ OCCUR PERSONAL S ADV INJURY $ 1,000,000 , EACH OCCURRENCE $ 1,000,000 ~ OWNER'S & CONTRACTOR'S PROT I I FIRE DAMAGE (Any one fire) $ 250,000 !~ MHD EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT $ 1,000,000 A ! X ANYAUTO BAP 2258629-06 (ADS) 09/01/03 09/01/04 A · ALL OWNED AUTOS TAP 2833539-06 (TX) '09/01/03 09/01/04 BODILY INJURY , A F DAP 3816883-02 (VA) 09/01/03 09/01/04 ' (Per person) SCHEDULED AUTOS --- (Per accident) X I NON OWNED AUTOS i- - I PROPERTY DAMAGE i $ I GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT ANY OTHER THAN AUTO ONLY: AUTO EACH ACCIDENT $ i AGGREGATE EXCESS LIABILITY EACH OCCURRENCE !i__ AGGREOATE $ , UMBRELLA FORM i . OTHER THAN UMBRELLA FORM ' WORKERS COMPENSATION AND ' IX I WCSTATU-ITORY LIMITS I°TH-ER EMPLOYERS' LIABILITY A ~W C 2258630-06 (ADS) 09/01/03 09/01/04 EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ ]~[ ~NCL WC 2833540-06 (WI) & (MA) 09/01/03 09/01/04 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE i OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 I-1 I OTHER C PROFESSIONAL LIABILITY 1952560 09/01/03 , 09/01/04 $1,000,000 EACH CLAIM $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: PROJECT ¢03-3427 - ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY COLLIER COUNTY AND ITS OFFICERS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AS THEIR INTEREST MAY APPEAR. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY CERrlFICAEE HOLD[ R NAMED HEREIN. ~Y,~"~(~[~t;I(-~I~ ')~X~4.zX~'~ BOARD OF COUNTY COMMISSIONERS ATI-N: KELSEY WARD 3301 E. TAMIAMI TRAIL ~[¢,~¢(~f~;~x~,txxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx NAPLES, FL 34112 MARSH USA INC. BY: Dorothy A. Stevens ~ ~ ~ MM1(3102) VALID AS OF: 09~24~03 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, MACTEC En~ineerin¢! and Consulting ~, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Environmental Engineering, Remediation and Restoration Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: -26- 16C8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF JANUARY 9, 2004 16Cll MEMORANDUM Date: To: From: Re: October 31,2003 Robert Casey Wastewater Reuse Ann Jennejohn, Deputy Clerk Minutes & Records Department New agreement for delivery and reuse of reclaimed water Enclosed please find one (1) copy of the document referenced above (Agenda Item #16Cl 1 ), as approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER THIS AGREEMENT is made and entered into this eaU-day of {_'X.~~, 2003, by and between WINDSTAR CLUB, INC. (hereinafter referred to as "User") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "District"). User is used as singular or plural, as context requires. RECITALS: WHEREAS, the District is desirous of obtaining long-term disposal facilities for treated wastewater effluent and/or supplemental water resources (herein referred to as "Reclaimed Water") provided to the User by the District: and WHEREAS, User is desirous of obtaining from the District Reclaimed Water as a long term resource for approved uses located upon the lands described in exhibit A, attached hereto (hereinafter referred to as "Property"). WHEREAS, the District and User agree this Agreement will replace, in its entirety, the existing agreement for delivery and use of treated wastewater effluent for spray irrigation, which is recorded in OR BOOK 1319, pages 1304 through 1337, and a Sewerage System Lease Agreement Addendum, dated November 18, 1987, recorded at OR Book 1319, pages 1338 - 1340, public records of Collier County, and a 2 page Addendum No. 2, dated October 23, 2001 (which is not recorded); and WHEREAS, the Utility Easement dated May 2, 1990, copy attached, is not affected by this Agreement; and WHEREAS, the District and User agree that in the event that Windstar Club, Inc. annexes into a Municipal Corporation this agreement will be terminated according to the provisions provided for herein. WITNESSETH NOW THEREFORE, in consideration of the covenants hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that the District provide available reclaimed water to User. User represents and warrants to District that the party or parties identified herein as User constitutes all persons and entities who are record owners of the Property, which is described in exhibit A. o QUANTITY. The User agrees to accept from the District seven hundred and fifty thousand (750,000) Gallons Per Day of reclaimed water for approved uses for a period of twenty- five (25) years from the date of this Agreement. At the end of the initial twenty-five (25) year period, and within approximately ninety (90) days before the end of each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of reclaimed water and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for herein QUALITY. The reclaimed water shall be supplemental water resources or effluent from a tertiary treatment process (which involves secondary wastewater treatment, filtration and high level disinfection) as required by the Florida Department of Environmental Protection, and shall meet the criteria for approved uses of reclaimed water for reuse purposes. The reclaimed water shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. POINT OF DELIVERY DEFINED. The point of delivery of reclaimed water shall be where the reclaimed water passes "TO THE USER'S ON-SITE LAKE STORAGE" as described on exhibit B attached hereto. The District shall own, operate and maintain the reclaimed water distribution system and shall be deemed to be in possession and control of the reclaimed water therein upstream of the point of delivery. The User shall own, operate and maintain the reclaimed water distribution system and related lake storage facility, and shall be deemed to be in possession and control of the reclaimed water therein downstream of the point of delivery. "Point of delivery" is used as singular or plural, as the context requires. DISTRICT RESPONSIBILITIES UPSTREAM OF THE PO1NT OF DELIVERY. The District, where required, shall be responsible for the design, construction, permitting, financing of all costs and placing in operation the reclaimed water delivery system up to the point of delivery. The District, where required, shall bear all costs of operation and maintenance of the reclaimed water delivery system up to the point of delivery. USER RESPONSIBILITIES DOWNSTPd~AM OF THE POINT OF DELIVERY. The User shall take full responsibility for the design, construction, permitting, financing of all costs and placing in operation the reclaimed water delivery system downstream of the point of delivery. The User shall bear all costs of operation and maintenance of the reclaimed water delivery system downstream of the point of delivery. STANDARD OF MAINTENANCE. User shall maintain all reclaimed water distribution facilities downstream of the point of delivery at standards equal to the maintenance standards for comparable utility facilities maintained by the District. After reasonable notice to User, the District shall have the right, but not the duty, to enter upon the Property to correct any maintenance deficiencies and charge the User therefor. 8. RATE TO BE CHARGED FOR RECLAIMED WATER. For furnishing of the reclaimed water, the District shall initially charge and User shall pay the sum of twenty-seven cents ($0.27) per thousand gallons (herein referred to as the initial "reclaimed water rate") for reclaimed water. The District is providing reclaimed water to User at this rate pursuant to the Agreement between the Parties that is being superceded by this Agreement. 9. RATE CHANGES. From time-to-time the District shall have the right to decrease or increase the reclaimed water rate upon providing thirty (30) days prior written notice of a rate change. Any increase in the reclaimed water rate shall only arise from the District's increase in costs of representing production, treatment and delivery of reclaimed water or as the result of a rate study or Ordinance that determines that an increase in the reclaimed water rate is required to finance the costs of production, treatment and delivery of reclaimed water. Any rate increase shall be the same increase or rate change to similarly situated users. The purpose is to supply reclaimed water to User that is then being charged to other similarly situated Users, the same being other Users that are then in the same rate class at User. 10. BILLING. The District shall bill the User monthly for the reclaimed water quantity delivered. Should the User desire additional reclaimed water, and the District is willing and able to supply reclaimed water exceeding the amount agreed upon herein, the User shall be billed for this additional amount within the normal billing procedures. Any additional reclaimed water delivered will be billed at the then prevailing reclaimed water rate for User's customer class. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. 11. UNPAID FEES ARE A STATUTORY LIEN. The User acknowledges that in the event the fees, rates or charges of the facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II, Florida Statutes, as amended, and pursuant to the Special Act that pertains to the District, 12. RECLAIMED WATER AVAILABILITY. The District shall make a diligent effort to make available to User the agreed upon minimum quantity of reclaimed water over a 24-hour period. It is the express intention of this Agreement that this minimum quantity of reclaimed water shall be available for withdrawal by User over the 24-hour period from the storage facility located on the Users property. 13. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that pumping of reclaimed water temporarily cease. Such notice shall be in writing where circumstances permit and, in the event of an immediate emergency, such notice may be by telephone with subsequent written confirmation. It is understood by both parties that District anticipates that it can assist User with the storage and non-delivery of reclaimed water for a period not to exceed three (3) days in such an emergency situation. Such storage of reclaimed water, however, shall be subject to the rules, regulations and directives of the Department of Environmental Protection. Emergencies shall include but not limited to: (a) Climactic conditions such as hurricanes, floods or unseasonably excessive rainfall that makes it impossible for User to accept reclaimed water. (b) Short term equipment or material failure, making it impossible for User to store or distribute the reclaimed water. (c) An act of God that makes it impossible for User to accept, store or distribute the reclaimed water. 14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified in the event of an emergency are: (a) Collier County Public Utilities Administrator 3301 E. Tamiami Trail (239) 732-2554 Naples, Florida 34112 (b) Collier County Wastewater Director 6027 Shirley St. (239) 594-1731 Naples, Florida 34109 (c) Collier County Reuse Coordinator 6027 Shirley St. (239) 593-0336 Naples, Florida 34109 15. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER RECLAIMED WATER. User shall not hold the District liable for failure to deliver reclaimed water if a reasonable situation preventing such delivery exists. Such situations shall include, but not be limited to: (a) A lack of reclaimed water due to a loss or lack of flow to the treatment plant or due to process failure. (b) Contamination in the reclaimed water making it unusable for approved uses. (c) Equipment or material failure in the reclaimed water delivery system, including storage and pumping. (d) An act of God that makes delivery of reclaimed water by the District not reasonably feasible or impossible. 16. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or District's inability to deliver reclaimed water is: (a) Bobby Paoletta, Superintendant, Windstar Club Inc. 1700 Windstar Blvd. Naples, Fl. 34112 (239) 775-5233 If and when emergency situations occur, the District shall notify User by telephone and follow up with a letter stating the nature of the emergency and the anticipated duration. 17. WRITTEN NOTICE OF ADDRESS AND TELEPHONE CHANGES REQUIRED. The District and the User may change the above mailing address and/or phone numbers at any time upon giving the other party written notification, return receipt requested, by U.S. Mail. 18. USE OF RECLAIMED WATER. Except as set forth above, User shall accept the reclaimed water delivered by the District and use it for approved uses on the Users property in any manner determined by User, except that the use of reclaimed water shall be consistent with then applicable local, state and federal regulations. Except as the normal use of the irrigation system may incidentally spray reclaimed water into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge reclaimed water directly into the surface waters of the State of Florida without written authorization from the South Florida Water Management District and the Department of Environmental Protection. User shall take reasonable precautions, including signs, labeling and color-coding to prevent confusion between reclaimed water and other water sources downstream of the point of delivery. The District shall be deemed to be in possession and control of the reclaimed water until it has been delivered to User at the point of delivery, after which delivery User shall be deemed to be in possession and control of the reclaimed water. 19. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this agreement, local, state or federal governments or agencies shall fail to issue necessary permits, grants necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of reclaimed water. Then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and the parties hereto in conformity with such permits, approvals, or requirements shall negotiate a new agreement, if possible. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this agreement if the District continually fails to deliver reclaimed water, under the conditions described in paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas irrigated with the reclaimed water as described in Exhibit A, except that written notice of any proposed sale or transfer must be given to the District, as provided for herein, at least thirty (30) days prior to sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified minimum quantity under the same terms and conditions of this Agreement unless modified by mutual consent of the District and the buyer, of transferee, or successor in interest to the User. 21. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the user fails to accept reclaimed water under the conditions described herein, or if performance is prevented by third party litigation, of if the User is or reasonably appears to be irresponsibly or illegally disposing of or using the reclaimed water, or if any other event beyond the control of the District prevents performance, or if the User fails to pay delinquent fees, rates or charges for the services and facilities provided for under this Agreement. The District shall also have the right to terminate this Agreement if the Property, or any substantial part thereof, is annexed into a Municipal Corporation. 22. TIME OF TERMINATION. Where practical, termination on the part of either party (including termination based upon annexation pursuant to the last sentence in paragraph 21, above) shall not occur betbre one hundred eighty (180) days after the terminating party has notified the other party in writing, except in the instance where User is, or reasonably appears to be, irresponsibly or illegally disposing of or using the reclaimed water. 23. ACCESS. The District shall have the right, but not the duty, to enter upon the Property of the User to review and inspect at reasonable times the practices of user with respect to conditions agreed herein. Such entry shall normally be for the purpose of review of the operation of the reclaimed water irrigation system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring well located on the property of the User. User may have a representative accompany the District personnel. 24. INDEMNIFICATION. User acknowledges that the reclaimed water, due to its chemical composition, may not be compatible for irrigation on certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages that may occur due to the use or acceptance of the reclaimed water. The User shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement. 25. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party hereto. 26. SEVERABILITY. If any court finds any part of this Agreement invalid or unenforceable, such invalidity or unenforceability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 27. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use zoning approvals, permissions, variances, special exceptions or any other rights with respect to the real property in the approved uses area. 28. APPLICABLE LAW. This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida and the Collier County Reclaimed Water Ordinance or its successors in function. 29. RECORDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. 30. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior written consent of the District. Any attempt by User to assign or otherwise transfer this Agreement from off of the Property shall be null and void (void ab initio). 31. B1NDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. 32. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Property. 33. This Agreement replaces and supercedes the following in their entireties: (1) the existing Agreement for delivery and use of treated wastewater effluent for spray irrigation to the Property, recorded in OR BOOK 1319, pages 1304 through 1337, (2) the Sewerage System Lease Agreement Addendum, dated November 16gll 18, 1987, recorded at OR Book 1319, pages 1338 - 1340, public records of Collier County, and (3) a 2 page Addendum No. 2, dated October 23, 2001 (not recorded). The Utility Easement dated May 2, 1990, copy attached, is not affected by this Agreement. IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals for the day and year first above mentioned. By: WINDSTAR CLUB, INC. Carol Schroeder, Officer/Secretary Windstar Club Inc. TWO WITNESSES REQUIRED Signature of First Witness ~e of First Witness Printed/Typed Name of Second Witness STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared well known to ,-ne to be the ,~c?C t" e-{ct (' y of Windstar Club, Inc., and who in my presence signed the foregoing Agreement. WITNESS my hand and official seal in the County and State aforesaid this r'l 4--Lday of (Notarial Seal) EXPIRES: May 24, 2006 Notary Public My Commission Expires: 16Cll ,:~ ~.,e,.~WlGH¢.'~pI~. ROCK, CLERK ~,, ~'~. ".. A~p~OVea a~: ~form and Tho~s'C.'Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIE. R COUNTY WATER - SEWER DI..~CT .~/ . By: ,.-~~ TOM HEKrNING, ~HAIRMAN 16011 : .r~.. 16C12 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 9, 2004 MEMORANDUM Date: October 29, 2003 To: Marilyn Matthes, Assistant Director Collier County Public Library From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement between Data Research Associates & Collier County Public Library Enclosed please find one copy of the original document as referenced above, approved by the Board of County Commissioners on Tuesday, October 28, 2003 (Agenda Item #16D1). If you should have any questions, please feel free to contact me at: 774-8406. Thank you. Enclosures I~.ATA RESIi;ARC~I ASSOCIATES, INC. AND THE COLLIER COUNTY PUBLIC LIB ~'~ WHE~S, DATA RESEARCH ASSOCIATES, INC. ("DRA") and THE COLLIER COUNTY pUBLIC LIBRARY ("Customer") are parties to a conlzact dated Jtme 9, 1992, and further amendments To that Agreement dated September 1, 1998, November 9, 1999, and April 27, 2000; and WHEREAS, effective as of August 29, 2001, DRA was purchased by SIRSI Corporation, a Delaware corporation, located at 101 Washington Street SE, Huntsville, Alabama 35g01 ("SIRSr'), and is now a wholly owned subsidiary of SIRSI; WItEREAS, Custom~ desires to upgra~ its Interact Service .under the teoiis and conditions specified under the Agreement and the terms herein. NOW, THEREFORE, in consideration o£ lhe mutxial covenants hereto, and for other good m~d valuable consideration, the undersigned parties hereby agree to further amendment~ to the Agreement: Tkis Agreement shall take effect January 1, 2003 and run through June 30, 2004. This Agreement furt~r amends that Agreement entered into on September 1, 1998. 2. Customer shall purelaase from SIRSI the HxTl service at the price set forth on Schedule A, attached hcreto and incorporated by reference herein, in lieu of the services set forth on the original Schedule A. Customer shall pay SIRSI for said additional services within thirty (30) days followhag delivery to Customer's site and receipt of invoice therefore. Customer shall pay SIRSI for miscellaneous expenses and services within thirty (30) days of receipt of an invoice therefore, Said miscellaneous expenses shall not exceed Except as otherwise stated herein, the services purchased herein is subject to the same terms and conditions set forth in the Agreement between the parties containing other SIRSI Business Internet Services. The provisions of lifts Agreement may be modified only in writing, and are binding only if exe~utexl by a representative of SIRSI and Customer authorized to execute legally binding agreemerlts on each party's behalf. In the event of a conflict between the terms of this Agreement, and the terms of any Purchase Order issued by Customer, the provisions of this Agreement shall Control. Except as hereinabove amended, the AIveement between thc Parties is unchanged, and the applicable portions shall remain in f~lI force and effect. BOARD OF COUNTY COMMISSIONERS, COLLIER ~TY' FL~2DA ATTEST:.~. .' . ~.~..-. :.: DWIGHT E. ~kaCK:~erk ' <:~'./ /~ Assistant Co~ A~omey SIRSI Corporation Til ~ Schedule A Unit Price Extended Price Sirsi 3.072 MB Internet ATM Services 12 Sirsi Net Inverse Multiplx Multiple T1- ATM Service $5,100.00 $61,200.00 Subtotal Sirsi Services Total: $61,200.00 $61,200.00 This quotation is subject to SIRSI General Terms and Conditions. MEMORANDUM Date: To: From: Re: October 31,2003 Amanda Townsend Parks and Recreation Ann Jennejohn, Deputy Clerk Minutes & Records Department Renovation of Tigertail Beach Park, Phase II Work order #PBS-02-30 Enclosed please find one (1) copy of the document referenced above (Agenda Item #16D2), as approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure WORK ORDER #PBS-02-30 "General Contractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Tigertail Beach Renovations Phase II The work is specified in the proposal from Professional Building Systems (PBS), dated 9/16/2003, 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 #PBS-02-30 is assigned to Professional Building Systems (PBS). Scope of Work: PBS will file required permits, complete all landscaping in accord with the plans and specifications, prepare the footing and slab for the proposed guardhouse, deliver and install one pre-engineered and assembled 4' 6" x 10' 4" B.I.G. Industries Guardhouse in accord with the plans and specifications (engineering drawings are included), install one concrete flagpole footing and 50' yardarm flagpole in accord with the plans and specifications (engineering drawings are included), refurbish all site signage in accord with the plans and specifications, provide all electrical work and site lighting in accord with the plans and specifications (conduit for future gates are included), cut and patch asphalt paving as needed to install underground conduit, and removal of all related debris. The plans and specifications referenced are those prepared by Victor J. Latavish, AIA dated 1/28/2003 and revised on 9/18/2003. Schedule of Work: Complete within 75 days. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE $119,730.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the Agr.eement./O REVIEWED BY: M'a'rJ/~'R~an~se33, }3ire.~o~r/ /// Date Department of Parks a, ffd Recreation ATTEST: Dwight E: B~jo~.k; Cte~k~>. it, Signature (Corporate Secretary) BOARD OF C~UNTY ~OMMISSIONERS COLLIE~UNT~ORIDA. By: _ T~o~ Henni~g, Chairma"~I~ PROFES~STEMS By: ~ By: Type Name and Title (or) Witnesses (2) ~ p'x~ at ur e (Print Name) Ap~,~a~ Robert Zac~'hary, A~stant County Attorney (2) (Print Name) GENERP~L CONTRACTORS 4395 Corporate Square * Naples, FL 34104 * Phone: 239/643-6527 * Fax: 239/643-2767 9/16/2003 Mr. Joseph Delate, Sr. Project Manager Parks and Recreation Collier County Government 3300 Santa Barbara Boulevard Naples, FI 34116 RE: Tigertail Beach Phase II Revision to Proposal Mr. Delate, Professional Building Systems is pleased to present for your review this revised Lump Sum Construction Services proposal for renovations at the Tigertail Beach Parking Lot. Scope of Work: 1. PBS will file required Permits to perform this scope of work. 2. PBS proposes to complete all landscaping work in accord with the plans and specifications. 3. PBS will prepare the footing and slab for the proposed Guardhouse. 4. PBS is to deliver and install one pre-engineered and assembled 4'6" x 10'4" B.1.G. Industries Guardhouse in accord with the plans and specifications. Engineered drawings for this building are included. 5. PBS will install one concrete flagpole footing, and 50' yardarm flagpole in accord with the plans and specifications. Engineered drawings for the flagpole and footing are included. 6. PBS will refurbish all site signage in accord with the plans and specifications. 7. PBS will provide all electrical work and site lighting in accord with the plans and specifications. All conduit for future gates are included. 8. PBS will cut and patch asphalt paving as needed to install underground conduit. 9. PBS will remove all related debris. Exclusions: 1. Engineered plans, Landscaping or Architectural drawings. 2. All asphalt paving, paving accessories, car stops, thermoplastic striping, curbs and asphalt seal coating. 3. Automatic gates. 4. Pre-cast pavers, concrete speed bumps and concrete ribbon curbs. 5. Pressure treated and recycled plastic guardrail. 6. Irrigation repairs and relocations. PBS presents for your consideration this proposal in the amount of One Hundred Nineteen Thousand Seven Hundred Thirty and 00/00 dollars ($119,730.00). Alternate # 1: Sealcoat the entire parking lot. ADD: $3,685.00 Alternate #2: Restripe the entire parking lot in accord with the plans. ADD: $5,720.00 Alternate #3: Relocate, repair, and replace the parking stops in accord with the plans. ADD: $1,100.00 We trust this proposal is useful to you, and will aid in the selection of PBS as your contractor. Please do not hesitate to call us with any questions or comments. lNG SYSTEMS MEMORANDUM Date: To: From: Re: October 31,2003 Amanda Townsend Parks and Recreation Ann Jennejohn, Deputy Clerk Minutes & Records Department Agreement with Stock Development, LLC for the installation of upgraded sports field lighting at Eagle Lakes Community Park Enclosed please find two (2) originals of the document referenced above (Agenda Item #16D3), as approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures AGREEMENT THIS AGREEFIENT is entered into this ~ day of ~~ ,2003, by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida (Hereinafter "Collier County" or "County"), and Stock Development, LLC (hereinafter "Contractor'% having its principal office at 5692 Strand Court, Naples, Florida 34110, and whose Federal Tax Identification Number is 593740488, hereinafter collectively referred to as "the parties." WITHNESSETH: WHEREAS, the Eagle Lakes Community Park is owned by Collier County; and WHEREAS, the Contractor has volunteered to pay for improved lighting and to pay for the installation of such lighting at the EaglB Lakes Community Park sports field; and WHEREAS, Collier County shall bear no expense for the purchase of the lighting fixtures and the cost of installation of lighting at the referenced sports field; and WHEREAS, Collier County agrees to maintain lighting installed at the park site upon completion of the work. NOW,' THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows: A. SCOPE OF SERVICES: Stock Development, LLC, agrees to be responsible for the installation of approximately ,~-~ .~ / lights and lighting fixtures at the site identified by the Collier County Parks and Recreation Department as the sports field of the Eagle Lakes Community Park (hereinafter, "the site"). The Contractor shall provide a' site map of all lights and fixtures to be installed at the site. All lighting fixtures and the location of such fixtureS are to be approved by Collier County prior to the issuance of any permit for the construction and installation of the lighting fixtures. 3. The Contractor and .any subcontractors hired for the execution of the work shall provide certificates of insurance as reference herein. All permits necessary for the execution of the work shall be obtained by the Contractor. Payment for all such permits issued by Collier County shall be processed internally by the County. All necessary non-County permits shall be procured and paid for by the Contractor. The Contractor shall be solely responsible for payment of any and all taxes levied on the Contractor, After installation of the lighting fixtures, and upon approval of such installation by the Collier County Building Review and Permitting Department, Collier County agrees to maintain all lighting at the site. 6. Contractor and any subcontractor hired by Contractor agrees to abide by the following applicable federal, state and Collier County laws: a. Title V:[! of the Civil Rights Act as Amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. b. The Copeland Anti-Kickback ACt. c. Chapter :[12, Florida Statutes, which deals with conflict of interest. 7. Contractor agrees to provide a drug free work environment. B, INSURANCE: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include premises and operations; independent Contractors; products and completed Operations; and contractual liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall included owned vehicles, hired and non-owned vehicles and employee non-ownership. Worker's Compensation: ]:nsuranCe covering all employees meeting statutory limits in compliance with the applicable state and federal laws. The coverage must include Employer's Liability with a minimum limit of $:L,000,000 for each accident. 4. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an additional insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirements herein identified shall be maintained by the Contractor during the duration of this Contract. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the County in the event of cancellation or modification of any. stipulated insurance coverage. The Contractor shall insure that all subcontractors comply with the same insurance requirements that it is required to meet. The Contractor shall provide Collier County with certificates of insurance meeting the required insurance provisions. 2 C. INDEMNIFICATION: The Contractor, in consideration of Ten Dollars ($Z0.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Contract or work performed there under. This provision shall alSo pertain to any claims brought against Collier County by any employee of the named Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. This section does not pertain to any incident arising from the sole negligence of Collier County. Contractor shall be liable for any expense incurred by the Contractor or its subcontractors as a result of negligence or .failure of the Contractor or a subcontractor 'to abide by the conditions contained herein. - D. NO II~IPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, Collier County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. ]n the event of such violation by the Contractor or if Collier County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of Collier County. E. CONTRACT ADMINISTRATION: This Contract shall be administered on behalf 'of the Collier County Parks and Recreation Department. F. CONFLICT OF INTEREST: The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The Contractor further represents that no persons having any suCh interest shall be employed to perform those services. G. NO PARTNERSHIP: Nothing herein contained Shall create or be construed as creating a partnership between Collier County and the Contractor or to constitute the Contractor as an agent of Collier County~ H. SEVERABILITY OF PRovISIONS: If any provision of this Contract is held invalid~ the remainder of this Contract shall not be affected therein if such remainder would then continue to conform to the terms and requirements of applicable law. 3 IN WITNESS WHEREOF, the ContraCtor and Collier County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Witnesses: STOCK DEVELOPMENT L~ Florida Limited ~j '~'~, Managing Member A-I-FEST: DWIGHT E,-BROCK'~,~ Clerk Approved as to form and legal su~ciency: Robert N. Zachary ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 4 MEMORANDUM Date: To: From: Re: October 31,2003 Amanda Townsend Parks and Recreation Ann Jennejohn, Deputy Clerk Minutes & Records Department The award of work order #CT-02-03 to the Chris-Tel Company for the renovation of Bayview Park Enclosed please find a copy of the document referenced above (Agenda Item #16D4), as approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure WORK ORDER #CT-02-03 "General Contractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Bayview Park Renovations The work is specified in the proposal from The Chris-Tel Company, dated 9/9/2003, 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 #CT-02-03 is assigned to The Chris-Tel Company. Scope of Work: Chris-Tel Company shall provide all labor, materials, equipment, accessories and related work to completely and properly construct the Bayview Park Renovation project as indicated in the plans and specifications prepared by Victor J. Latavish, AIA dated 5/12/2003, plus Addendum #1 dated 8/12/2003 and Addendum #2 dated 8/18/2003. Additionally, Chris-Tel shall provide Alternate #1, which is textured cement board ship-lap siding in lieu of cement board and batten siding over all sides of vestibule privacy screens at the Restroom Pavilion. Schedule of Work: Complete within 45 days from date of issuance of City of Naples building permit. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. BASE BID $129,701.00 ALTERNATE #1 $ 540.00 TOTAL FEE $130,241.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the ,:~ement. · % · ~'D~ ,r.[ment of Parks and Rec eation Dwigh¢ E..'Br0dk, C16rk BY: ' ~,~,f..p~p~.ie,r~) Date: ""t;'~)i~"~}¥1~'' Attest, as to Chatrman'S signature on)y. (Corporate Secretary) BOARD OF C~UNTY.~OMMISSIONERS C O n n IE RCe~.UN Z ~? R~I D A, By: Tom Henning, Chairman,' THE CHRIS-TEL COMPANY vVv;ifl, i~am Azevedo, Vice-President By: Type Name and Title (or) Witriesses (2) (1)~ (Print Name) Append Legal Sufficiency: Robert Zactl'ary, As,~tant ounty ttorney (2) - - (Prini Name)' BID FORM P ¥V TO: Collier County Board of County Commissioners, hereinafter called "Owner" The undersigned, having carefully examined the Contract Documents for the Bay-view Park Renovation, Naples, Florida, issued by Victor J. Latavish AIA Architect dated 5-12-03, plus Addendum Number 1 dated 8-12-03, and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: BASE BID The total cost of ali labor, expenses, materials, equipment, accessories, and related work required to completely and properly construct the project as indicated in the Construction Documents: One Hundred Twenty-Nine Thousand Seven Hundred One DOLLARS ($ 1 2 9,7 01.0 0 ALTERNATE NUMBER I: Alternate 6" textured cement board ship-lap siding, in lieu of cement board and batten siding, over all exterior walls and all sides of vestibule privacy screens at the Restroom Pavilion. Indicate either Add or Deduct the amount of: Five Hundred Forty ....................... DOLLARS ($ 540o00 The undersigned acknowledges receipt of Addenda numbered: 1 & 2 TIME OF CONSTRUCTION: 45 The Contractor proposes to complete the work indicated in not more than Calendar days from receipt of Notice to Proceed through Substantial Completion of the work. ' Bid Form page 2 of 2 The undersigned understands and agrees to comply with and be bound by Contract Documents issued for this Work. BIDDER: Firm The Chris-Tel Company by Address 2546 Edison Avenue Fort Myers, FL 33901 Bid dated this 9t15 day o£september , 2003 END OF BID FORM ADDENDUM NUMBER 1 Date: August 12, 2003 Project: 357- Bayview Park Renovations This Addendum contains mandatory revisions to the Contract Documents and shall be considered part thereof'. 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. Bids will be received on Thursday, August 21 at 2:00 pm at the Parks and Recreation Office at 3300 Santa Barbara Blvd. Sheet SD-l, keynote 2, delete reference to "Alt Bid" and add: "Type-D curb, base bid" Sheet SD-1, keynote 10, add: "Height of fence shall be measured from top of existing playground curb" Sheet SD-l; Delete keynote 18 on plan at north end of parking island; Sheet SD-l; keynote 18; add "Provide shell where indicated (shaded) on attachment". Sheet SD-l, keynote 24, delete reference to "NIC" and add "Contractor shall seal coat and re-stripe all existing paved parking and driveway areas" Sheet A-1, keynote F; add the following: "All battens, bottom trim, and corner trim shall be removed and replaced. Replace z- flashing throughout. New flashing shall be aluminum. Existing cedar plywood siding directly behind electrical meter, time clocks, panel and immediately adjacent electrical work may be left in place (not removed). Existing cedar plywood at wall areas at Covered Area may be left in place (not removed). New siding shall be installed over 15lb felt over existing sheathing at the Covered Area" Sheet A-l, keynote N, add "Lockset shall be Schlage D-series brushed chrome or s.s, with ADA compliant lever." Sheet A-3, Detail 2; add note: "Ridge blocking shall be continuous" Sheet SP-1, section 01010, add "Contractor shall apply for permits and pay all required permit fees. Submit copies of permit fee receipts to County Parks and Recreation Department for direct reimbursement purchase order. The cost of permit fees shall not be included in the bid" Sheet SP-1, section 01010, add: "Notice to proceed shall be issued by the Owner after receipt of permits" Sheet SP-3, section 06250; add "Finish: Manufacturers standard wood-grain texture" Sheet SP-3, section 06250; add "Alternate Bid: provide 6" cement board ship-lap siding in lieu of matching existing board and batten siding" Sheet SP-3, section 06320; delete section its entirety and all other references to recycled plastic pilings where occurring in the documents. END OF ADDENDUM VICTOR J. LATAVISH, AIA ARCHITECT Florida Registration AR11942, AA001831 4100 Corporate Square, Suite 100 Naples, Florida 34104 I ADDENDUM NUMBER 2 Date: August 18, 2003 Project: 357- Bayview Park Renovations This Addendum contains mandatory revisions to the Contract Documents and shall be considered part thereof: 1. Bid date is extended to Thursday, September 9 at 2:00 pm at the Parks and Recreation Office at 3300 Santa Barbara Blvd. 2. Bid Form revised (attached) 3. Provide 6'-0" temporary chain link fence around Restroom Pavilion and Picnic Pavilion during construction. 4. Flagpole foundation size is revised to 2'-0" dia x 5'-6" deep. END OF ADDENDUM VICTOR J. LATAVISH, AIA ARCHITECT Florida Registration AR11942, AA001831 4100 Corporate Square, Suite 100 Naples, Florida 34104 BID FORM TO: Collier County Board of County Commissioners, hereinafter called "Owner" The undersigned, having carefully examined the Contract Documents for the Bayview Park Renovation, Naples, Florida, issued by Victor J. Latavish AIA Architect dated 5-12-03, plus Addendum Number 1 dated 8-12-03, and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: BASE BID The total cost of all labor, expenses, materials, equipment, accessories, and related work required to completely and properly construct the project as indicated in the Construction Documents: DOLLARS ($ ) ALTERNATE NUMBER 1' Alternate 6" textured cement board ship-lap siding, in lieu of cement board and batten siding, over all exterior walls and all sides of vestibule privacy screens at the Restroom Pavilion. Indicate either Add or Deduct the amount off DOLLARS ($ ) ADDENDA: The undersigned acknowledges receipt of Addenda numbered: TIME OF CONSTRUCTION: The Contractor proposes to complete the work indicated in not more than Calendar days from receipt of Notice to Proceed through Substantial Completion of the work. Bid Form page 2 of 2 The undersigned understands and agrees to comply with and be bound by Contract Documents issued for this Work. BIDDER: Firm by Address Bid dated this day of , 2003 END OF BID FORM BUDGET AMENDMENT REQUEST For Budget(~inance Use Only BAg.....O...~...~....~. ~.. I~. ......... JE# ................................. BAR# .............................. A.P.H. Date ....................... 3O6 Parks Capital Improvement Fund Fund Number Fund Description Date Prepared: October 14, 2003 Approved by BCC on: October 28, 2003 Attach Executive Summary Item No.: 16D_ Expense Budget Detail Fund Center Title: Florida Boating Improvement Program Fd Ctr No.: 156311 WBS Element Title: Bayview Park WBS No.: 800671 (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitn~ent l~em Increase Current Revised Center Element Item Description (Decrease) Budget Budget 800671 763100 Improvements General 152,500 75,000 227,500 Net Change to Budget 152,500 Expense Budget Detail Fund Center Title: Reserve for Contingencies Fd Ctr No.: 919010 WBS Element Title: Reserves WBS No.: 993061 (Provide the Fund Center or WBS element information; it is not required to provide bolh.) Fund WBS Commit Commitment Itein Increase Current Revised Center Element Item Description (Decrease) Budget Budget 993061 993000 Reserves (32,500) 105,000 72,500 Net Change to Budget (32,500) Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget Net Change to Budget Fund Center Title: WBS Element Title: Revenue Budget Detail Florida Boating Improvement Program Bayview Park Fd Ctr No.: 156311 WBS No.: 800671 (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitme'nt Ite~n Increase Current Revised Center Element Item Description (Decrease) Budget Budget 800671 334700 Culture/Recreation 120,000 0 120,000 Net Change to Budget 120,000 EXPLANATION Why are funds needed? Funds are for a grant project. A partial cash match was budgeted. Some match will be in-kind, but additional cash funds are still needed to bring the match up to total project cost and allowable reimbursement amount. Where are funds available? Revenue from the grant project is being recognized. REVIEW PROCESS Budget Department.~/ Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE 1608' MEMORANDUM Date: To: From: Re: October 31,2003 Varda J. Walters Director of Domestic Animal Services Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-374 which will waive dog and cat license fees for four days during November's shelter appreciation week Enclosed please find a copy of the document referenced above (Agenda Item #16D8), as approved by the Board of County Commissioners on Tuesday October 28, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure RESOLUTION No. 2003-_______ A REsoLUTION__. LICENSE FEI~ _ =o 1 4- 6, AND 8, 2003. ,~,-,Tr~n~7 FLORIDA WA1vING~_~ o~oVICES ON NoVEMB~-x , · WHEREAS, in 1996 the Human Society of the United States launched the National Animal Shelter Appreciation Week as a way to recognize the indispensable role that the more than 6,000 animal shelters nationwide play in their communities; and wHEREAS, National Shelter Appreciation Week is November 2, 2003 through November $, 2003. WHEREAS, pursuant to Chapter 14 of the Codes of Laws and Ordinances Domestic Animal Services charges fees for annual dog and cat licenses; and WHEREAS, the Collier County Board of County Commissioners desires to celebrate National Shelter Appreciation Week by waiving fees for annual dog and cat licenses on November 1, 4, 6, and $, of 2003; and WHEREAS, deems it appropriate and in the best interest of the public health, safety and welfare to adopt this resolution to waive license fees charged by Domestic Animal Services on certain days during National Animal Shelter Appreciation Week. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF coUNTY coMMISSIONERS OF COLLIER CoUNTY, FLORIDA, that: 1. The annual dog and cat licenses fees charged by Domestic Animal Services on November 1, 4, 6, and 8, 2003 be waived. 2. The annual dog and cat license fees charged by local veterinarians are not waived during National Shelter Appreciation Week. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, 2003. this day of_ ATTEST: Dwight E. Brock, Clerk By:. Deputy Clerk BOARD OF CoUNTY cOMMISSIONERS. OF COLLIER CouNTY, FLORIDA By:_ Tom Henning, Chairman Approved as to form and legal sufficiency: 'o A~end~ Itea NC> o~ OCT 2 8 2003 AGENDA TRANSMITTAL SLIP Date Submitted: 10/21/03 APPROPRIATE HEADING (CIRCLEONE) ~[_~_] (1) Invocation and Pledge of Allegiance (4) Proclamations ~[](7) Board of Zoning Appeals (10) Count)/Manager's Report [] (13) Other Constitutional Officers Requested Agenda Date: 10/28/03 [] (2) Agenda and Minutes [] (5) Presentations [] (8) Advertised Public Hearings [] (11) Public Comments on General Topics [](14) Airport Authority Agenda #165 Item [] (3) Service Awards [] (6) Public Petitions [] (9) Board of Count~ Commissioners [] (12) Count), Attorne),'s Report [] (15) Staff and Commission GeneralCommunications [] (16) Consent Agen,da ¢, / [] (17) Summary Agenda Requested by: ~ ../)/-/(/~--/ - Date: 10/21/03 Reviewed by: 3~t~rsq~ gAS Director Division Head: '..~. ~. ( ,.-" - Date: 10/21/03 County Manager: J(~h~l Dunnuck, III, P~blic Services Adminstrator Date: Date: Item Title: REQUEST BY COLLIER COUNTY DOMESTIC ANIMAL SERVICES TO APPROVE A RESOLUTION TO WAIVE DOG AND CAT LICENSE FEES FOR FOUR DAYS DURING NOVEMBER'S SHELTER APPRECIATION WEEK List of Documents Attached: 1. Executive Summary (required) 2. Resolution 3. 4. 5. EXECUTIVE SUMMARY REQUEST BY COLLIER COUNTY DOMESTIC ANIMAL SERVICES TO APPROVE A RESOLUTION TO WAIVE DOG AND CAT LICENSE FEES FOR FOUR DAYS DURING NOVEMBER'S SHELTER APPRECIATION WEEK OBJECTIVE: For the Collier County Board of County Commissioners ("BCC") to approve a resolution waiving the annual license fees for dogs and cats for four days during National Shelter Appreciation Week. CONSIDERATION: Chapter 14 of the Collier County Codes of Laws and Ordinances requires all dogs and cats over the age of three months to be licensed. Domestic Animal Services ("DAS") charges a fee for the license. Although, DAS collects pet information from area veterinarians and citizens during interaction with our Animal Control Officers, there still remains a huge number of dog and cat owners that never contact DAS to obtain the required licenses. DAS continually desires to promote license programs and gain pertinent information to help regulate animal populations. Our County Pet License is the primary form of identification and first defense against a pet being lost forever. Nationally, it has been established that a tagged pet is reunited with the owner 98% of the time. November 2, 2003 through November 8, 2003 is National Shelter Appreciation Week. As part of our celebration we would like to provide free pet license tags to pet owners in Collier County. There are several advantages to this our licensing program: · Pet owners who never have contact with DAS can be reached in a positive manner; · The information associated with the pets licensed during this period becomes part of our data base information; · The pets licensed will have an avenue home if and when they become lost; · There is a cost savings advantage connected to sheltering licensed pets; · Identification reduces the euthanasia rate within our county shelter. FISCAL IMPACT: Licenses are sold based on the age and the ability of the animal to reproduce and range from $7.00 to $25.00 per license. In the past, the majority of licenses were sold at $7.00 and $8.00 dollars. The fiscal impact is difficult to ascertain, as it is difficult to predict whether persons who will take advantage of the free license program would have purchased a license in lieu of the program. It is estimated that the pet license fees revenue may be reduced by $5000.00. However, it is likely that DAS will reduce its costs of investigation and housing of stray animals as a result of the license program. Once Shelter Appreciation Week is over, DAS will evaluate whether a budget amendment is necessary and bring any such budget amendment to the BCC for their consideration. 16D8'~ , Growth Management Impact: None RECOMMENDATION: That the Collier County Board of County Commissioners approve a resolution waiving the pet license fees for all licenses sold by DAS on November 1, 4, 6, 2003 in celebration of National Shelter Appreciation Week. Prepared an6 8 2003 Domestic ~/Services Approved by: c Date: /~'~, Jol~-Dunnuck, Adrhin~trator Di~sion of Public Services RESOLUTION No. 2003__3_7_A__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA WAIVING LICENSE FEES FOR ANNUAL DOGS AND CATS LICENSED AT DOMESTIC ANIMAL SERVICES ON NOVEMBER 1, 4, 6, AND 8, 2003. WHEREAS, in 1996 the Human Society of the United States launched the National Animal Shelter Appreciation Week as a way to recognize the indispensable role that the more than 6,000 animal shelters nationwide play in their communities; and WHEREAS, National Shelter Appreciation Week is November 2, 2003 through November 8, 2003. WHEREAS, pursuant to Chapter 14 of the Codes of Laws and Ordinances Domestic Animal Services charges fees for annual dog and cat licenses; and WHEREAS, the Collier County Board of County Commissioners desires to celebrate National Shelter Appreciation Week by waiving fees for annual dog and cat licenses on November 1, 4, 6, and 8, of 2003; and WHEREAS, deems it appropriate and in the best interest of the public health, safety and welfare to adopt this resolution to waive license fees charged by Domestic Animal Services on certain days during National Animal Shelter Appreciation Week. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, FLORIDA, that: 1. The annual dog and cat licenses fees charged by Domestic Animal Services on November 1, 4, 6, and 8, 2003 be waived. 2. The annual dog and cat license fees charged by local veterinarians are not waived during National Shelter Appreciation Week. t~AS~ AND D, IdI_,V -,M)OPTED by isOI/~'" 'day of(..~_..~_, 2003. the Board of County Commissioners of Collier County, Florida, ATTES,T~:,(, D"v~"mh~ ~ ~;,', ~" ;. ~, BOARD OF COUNTY COMMISSIONERS. t e.. Br6c. CI&k ~. ~.,/ ,. ~/: ,~ ,. OF COLLIERJg~OUb~,Ty, P'LORIDA 'Ap'prOved as to-fOrm' and legal ,sufficiihcy BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 28, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Mosquito Control District - FY 2003-2004 Meeting Schedule. Heritage Greens Community Development District - Minutes for July 14, 2003; Agenda for July 14, 2003; Operating Budget FY 2004. Minutes: o Collier County Planning Commission - Agenda for October 2, 2003 Minutes of September 4, 2003. Bayshore Beautification M.S.T.U. -Agenda for October 8, 2003; Minutes of September 10, 2003. o Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for October 7, 2003. Lely Golf Beautification Advisory Committee - Agenda for October 16, 2003; Minutes of September 11, 2003. Golden Gate Estates Land Trust Committee Meeting - Minutes of Monday July 21, 2003. Pelican Bay Services - Agenda for October 1, 2003; Minutes of September 4, 2003; Minutes for the Budget Sub-Committee September 10, 2003; Clam Bay Sub-Committee - Agenda for October 1, 2003; Minutes of June 26, 2003 and Adopted Budget for FY 2004. Development Services Advisory Committee - Agenda for October 1, 2003; Minutes of September 3, 2003. Productivity Committee - Minutes of August 20, 2003. Collier County Hispanic Affairs Advisory Board - Notice of Meeting and Agenda - September 25, 2003. H:Data/Format 10. Environmental Advisory Committee - Agenda for October 1, 2003; Minutes of August 6, 2003; Environmental Impact Statements and Vegetation Removal Packet. 11. Vanderbilt Beach M.S.T.U. Advisory Committee - Summary of Motions and Minutes for September 4, 2003; Agenda for October 2, 2003. 12. Coastal Advisory Committee -Agenda for June 12, 2003, August 12, 2003; Affidavit of Publication Notices for the NDN from January, 2003 through September 11, 2003; Minutes from January 9, 2003, February 21, 2003, March 13, 2003, April 10, 2003, May 8, 2003, June 12, 2003 and August 12, 2003. 13. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of September 11, 2003. Other: 1) Guy L. Carlton, Collier County Tax Collector - The Errors and Insolvencies list for the tax year 2002. H:DatadFormat 161! Collier Mosquito Control Dist ict ~ '~ 600 North Road ~ ,: · · Naples, Florida 34104-3464' . COMMISSIONERS: dohn F. dohnson. Chairman Robert D. Geroy, Secretary DonaM K. Page, Treasurer Robert A. Boyer deanne E. Brooker EXECUTllJE DIRECTOR: Frank W. Van Essen, Ph.D. MEETING SCHEDULE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS FISCAL YEAR 2003-2004 Meetings will be held at District Headquarters, 600 North Road, Naples, Florida. DAY OF WEEK DATE TIME Thursday October 23 10:00 a.m. Wednesday November 12 1:00 p.m. Thursday December 18 10:00 a.m. Wednesday January 21 1:00 p.m. Thursday February 19 10:00 a.m. Tuesday March 23 10:00 a.m. Wednesday April 14 1:00 p.m. Thursday May 20 10:00 a.m. Wednesday June 16 1:00 p.m. Thursday July 1 (Budget Workshop) 10:00 a.m. Tuesday July 13 10:00 a.m. Wednesday August 18 (if necessary) 1:00 p.m. Thursday September 23 3:00 p.m. Administration' 239-436-1000 · 239-436-1005 (fax) Hangar: 239-436-1008 · 239-436-1007 (fax) www. collier-mosquito, org MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Fiison, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: October 15, 2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. H~rifa_n~ Gr~_~n~ Cnmm~nity. D~_velonm~nt Di_~trict 1. Pursuant to Florida Statutes Chapters 189 and District, has submitted the following: (a) Budget for FY 2004 190, Heritage Greens Community Development Thank you :~special\special 1611 Heritage Greens Community Development District 10300 N.W. 11th Manor · Coral Springs, Florida 33071 Telephone: (954) 753-0380 · Fax: (954) 755-6701 September 23, 2003 Memorandum To: RECEIVED SE? 3 0 FINANCE Clerk of the Circuit Court Finance Department ~//c/o Derrick Johnssen 21371 Airport Road, Cour~ Plaza III Post Office Box 4130113 Naples, Florida 34112-30113 Mr. Thomas W. Olliff Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Building, Second Floor Naples, Florida 34112 Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Benton, P.A. Post Office Box 7907 Naples, Florida 33941 Grau & Company, P.A. 2700 North Military Trail, #350 Boca Raton, Florida 33431 Reference: From: Minutes of the meetin~ s.~ld July 14, 2003 approved August 18, 2003. Gary L. Moyer, ~a~r Enclosed for your records are copies of the Minutes of the Meeting held by the Board of Supervisors of Heritage Greens Community Development District as referenced above. GLM/mcb encl. MINUTES OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held on Monday, July 14, 2003 at 1:10 p.m. at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida. Present and constituting a quorum were: Paul Pacchiana Monica G. Peele Michael Hueniken Supervisor Supervisor Assistant Secretary Also present were: Chuck Adams Manager Sam Kissinger Staff Dan Cox Attorney James Carr Engineer 'Several Residents FIRST ORDER OF BUSINESS Roll Call Mr. Adams called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Mr. Adams stated that each Approval of the Minutes of the May 12, 2003 Meeting Board member had received a copy of the minutes of the May 12, 2003 meeting and requested any additions, corrections or deletions. There not being any, [On MOTION by Ms. Peele seconded by Mr. Pacchian~[ [with all in favor the minutes of the May 12, 2003[[ [[meeting were approved. THIRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2004 and Levy of Non Ad Valorem Assessments Mr. Adams stated the NPDES line item was removed from the budget. You are not required to apply for coverage this year, but you will be required to next July 14, 2003 g Greens C.D.D. year. The carry forward surplus has been reduced to provide operating ,:~i~ital coverage for the first three or four months of the upcoming years. Also, the inclusion of your second layer asphalt program is under way at this point. Your assessment per unit for the upcoming year is $135.25 per unit. Mr. Hueniken asked is the budget based on everything preliminary to the installation is acceptable and there is no additional costs that will be incurred to bring up? Mr. Adams stated it includes the contract from Sewer Viewers. Mr. Carr stated we reviewed all the tapes and forwarded them to County for their review. MOTION by Mr. IPacchiana with all in Iopened. Hueniken seconded by favor the public hearing There not being any public comments liOnMOTION by Mr. Hueniken seconded by IPacchiana with all in favor the public hearing wa~ [closed. liOn MOTION by Ms. Peele seconded by Mr. Pacchian~] Iwith all in favor Resolution 200345 adopting the budgell ]]for Fiscal Year 2004 was approved. liOn MOTION by Ms. Peele seconded by Mr. Pacchian~l ]with all in favor Resolution 2003-6 the levy of non ]valorem assessments was adopted. FOURTI~I ORDER OF BUSlNESS Consideratior~ of Award of Con~xact for Street Maintenance Mr. Adams stated the sewer viewer portion has recently been completed. There is a questionable area that needs to be repaired. We need to award the bid for the final layer of asphalt. Three contractors provided proposals on approximately 38,000 square yards of asphalt broken down by unit cost. They also included the cost of the speed humps and striping. The County is going to allow the speed humps even though they prefer you take them out. There were public comments asking for additional speed humps to be added. The County is not 2 going to allow additional ones, they prefer you not have any at all. It is staffs' recommendation to asphalt what you currently have in terms of the speed humps. Mr. Pacchiana stated I live in the community and I know that speeding is an on going problem. [On MOTION by Ms. Peele seconded by Mr. Hueniken [with all in favor the contract for street maintenance Iwas awarded to Better Roads with a low bid of $81,210. Mr. Pacchiana asked what would it cost for the contractors to add speed humps after the work was completed? Mr. Adams responded if the contractor has to come back and add speed humps separately, it will cost approximately 50% more than the original cost. ~ ORDER OF BUSINESS Report on Number of Registered-532 and Election Information Mr. Adams stated we received a letter from the Supervisor of Elections that indicates that we have 532 electors. SIXTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. There not being any, the next item followed. C. Manager - Financial Statements There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Pacchiana stated there will be seats available for the up coming election. How do people in the community participate? Mr. Cox stated generally when a community development district is started, one landowner owns all of the land within the boundaries of the district and therefore appoints the supervisors. After periods of six years, and there are 250 or more qualified electors residing within the district, the seats will be filled via the general election process. Prior to this election landowners have elected the 3 July 14, 2003 Heritage Greens C.D.D. board and now that we have over 250 qualified electors the process becomes a transfer of this control. This year we have three seats that will be up for election and the landowners will still elect the seat held by Mr. Reinders. We will have two elections this year, one by the landowners and one by the supervisor of elections. The Supervisor of Elections is going to propose to the legislature some changes and the method for electing members of the board of supervisors. When you run for a public office you have two ways to qualify. You can file all your papers and pay a filing fee or provide a percentage of signatures of the qualified electors. Lee County does not require you to open a campaign account if you qualify by petition but I plan on addressing Collier County to adopt this same method. A resident stated if there is anything the people of the community can do please notify us. It is for the safety of the community that we add additional speed bumps. EIGHTH ORDER OF BUSINESS Adjournment MOTION by Ms. Peele seconded by Mr. Hueniken Iwith all in favor the meeting was adjourned at 1:50 p.m. Michael Hueniken Assistant Secretary 4 Monday July 14, 2003 1:00 P.M. 1. 2. 3. AGENDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 1611 Heritage Greens Community Center 2215 Heritage Greens Drive Naples, Florida Roll Call Approval of the Minutes of the May 12, 2003 Meeting Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2004 and Levy of Non Ad Valorem Assessments Consideration of Award of Contract for Street Maintenance Report on Number of Registered - 532 and Election Information Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements Supervisors Requests and Audience Comments Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription of meeting minutes. Thank you for your assistance. ~@tes DaiLy News I~ptes, Fi. 34102 Affidavit of Pubti~tion NapLes Dai ty Ne~s i HERITAGE GREENS CONNUNITY DEVELOPHENT DISTRICT 210 N UNIVERSITY DR //702 CORAL SPRINGS FL 3)071 REFERENCE: 027769 58675314 NOTICE OF PUBLZCHEAR State of FLorida County of CoLLier Before the undersigned authority, personalty appeared B. Land), vho on oath ~ays that she serves as Assistant Corporate Secretary of the NapLes Oait¥ News, a dai Ly newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said NapLes DalLy News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the maid newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been e~tered as second class mail matter at the post office in NapLes, in said CoLlier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBCISHEO ON: 06/2) 06/)0 AD SPACE: 92.000 INCH FILED ON: 06/)0/0~ Signature of Affiant ~ ~ Sworn to and Subscribed before ma this ] "day °f~~j I 20~ PersonaLLy known by me ~-~~-x(-~Lk~r~ SUSAN D. FLORA My CommExp. l~10~4 No. CC983546 I]Pers~eal~Known[lOtha't.D, RESOLUTION 2003-5 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2004 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 14th day of July, 2003, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT; 1. The proposed budget heretofore submitted to and approved by the Board for the purpose of setting the public hearing is hereby amended and adopted as the Final Budget of the District for Fiscal Year 2004. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 14th day of July, 2003. J~nes P. V~ard Secretary Heritage Greens Community Development District Operating Budget Fiscal Year 2004 Adopted- 3uly .14, 2003 Heritage Greens Community Development District Operating Budget Fiscal Year 2004 Table of Contents Section 1: Fund Balance Projection Pages 1 Section 2: General Fund 001 2 - 4 Heritage Greens Community Development District General Fund Budget for Fiscal Year 2004 Final Adopted Amounts Received or Expended Budget Year to Date Projected to FY 2003 3/31/2003 9/30/2003 Total Revenues: Carry Forward Operating Transfers In Interest & Misc Income Assessment Levy Total Revenues: Expenditures: Professional and Administration Fees: Board of Supervisors Payroll Taxes Engineering Legal Audit Assessment Roll Services Arbitrage Rebate Calculation Management Accounting Wetlands Maintenance Telephone Postage Printing & Reproduction Legal Advertising Office Supplies Annual District Filing Fee Insurance Contingencies Total Professional & Admin Fees: Other Fees and Charges: Tax Collector Property Appraiser Revenue Reserve Total Other Fees & Charges: Total Appropriations Net [ncome From Operations Fund Balance Audited 9/30/2002 Projected Fund Balance 9/30/2003 Adopted Budget FY2004 $32,000 $0 $0 $0 $10,000 $0 $78,492 $0 $78,492 $1,200 $739 $739 $1,477 $1,200 $48~253 $43~049 $5,204 $48,253 $71,277 $81~453 $122,279 $5,943 $82,477 $6,000 $1,077 $2,153 $3,230 $4,000 $0 $0 $0 $0 $306 $5,000 $1,045 $1,000 $2,045 $2,500 $1,500 $1,141 $359 $1,500 $1,500 $6,500 $5,200 $0 $5,200 $5,500 $5,000 $%000 $o $%000 $5,000 $o $1,ooo $o $1,ooo $o $35,000 $17,500 $17,500 $35,000 $35,000 $8,000 $4,000 $4,000 $8,000 $8,000 $0 $5,000 $0 $5,000 $5,000 $400 $176 $224 $400 $400 $1,000 $342 $350 $692 $750 $1,000 $508 $492 $1,000 $1,000 $ !,000 $221 $250 $471 $500 SS00 $0 $250 $250 SS00 $175 $175 $0 $175 $175 $6,500 $9,130 $0 $9,130 $6,500 $500 $0 $100,000 $100,000 $500 $78,075 $51,514 $126,578 $178,092 $77,131 $965 $0 $965 $965 $1,426 $483 $4,692 $0 $4,692 $1,069 $1,930 $0 $1,930 $2,851 $3,378 $4,692 $2,895 $7,587 $5,346 $81,453 $56,206 $129,473 $185,679 $0 $66,074 ($123,531) ($57,457) $99,762 $42,305 $82,477 $0 Revenue: Carry Forward Interest Income Assessment Levy Appropriations: Professional Fees: Board of Supervisors Engineering Legal Audit Assessment Roll Services Management Administrative Fees: Accounting Wetlands Haintenance Telephone Postage Printing & Reproduction Legal Advertising Office Supplies Annual District Filing Fee Insurance Contingencies Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Heritage Greens Community Development District Budget- General Fund 00! Fiscal Year 2004 Total Revenue: Subtotal: Subtotal: Subtotal: Total Appropriations: $10,000 $1,2oo $71,277 $82,477 $4,306 $2,500 $1,500 $5,500 $5,000 $35,000 $53,806 $8,000 $5,ooo $400 $750 $1,ooo $soo $500 $175 $6,500 $5oo $23,325 $1,426 $1,069 $2,851 $5,346 $82,477 Assessable Units Assessment Per Unit FY 2003 FY 2004 527 527 $91.56 J $ 3s.25 I Heritage Greens Community Development District Budget- General Fund 001 Fiscal Year 2004 Personal Services Supervisor'~ Fees The amount paid to each Supervisor for the time devoted to the District business and monthly meetings. The amount permitted is $200.00 per meeting plus payroll taxes for each member. Professional Services Engineering Consists of attendance at scheduled meetings of the Board of Supervisor%, offering advice and consultation on all matters related to the works of the District, such as bids for yearly contracts, operating policy, compliance with regulatory permits, etc. Legal Requirements for legal services are estimated at an annual expenditure of $1,500 and also cover such items as attendance at scheduled meetings of the Board of Supervisor's contract preparation and review, etc. Audit The District is required to annually undertake an independent examination of its books, records and accounting procedures. This audit is conducted pursuant to State Law and the rules of the Auditor General. Assessment Roll Nervices Nanagement The District retains the services of a consulting manager, who is responsible for the daily administration of District business, including any and all financial work related to the Operating Funds of the District, and preparation of the minutes of the Board of Supervisors In addition, the District Manager prepares the Annual Budget, implements all policies of the Board of Supervisor's, and attends all meetings of the Board of Supervisor's. Total Professional Services: $4,306 $2,500 $1,500 $5,500 $5,000 $35,000 $53,806 Heritage Greens Community Development District Budget- General Fund Fiscal Year 2004 1611 Administrative Services: For Services rendered in the daily operation of the District Accounting Wetlands Maintenance Telephone Postage Printing & Reproduction Legal Advertising Office Supplies Annual District Filing Fee Insurance The District carries Public Officials Liability and General Liability Insurance. The Limit of Liability is set at $2,000,000.00. Contingencies Total Administrative Services: $8,000 $5,000 $400 $750 $1,000 $500 $soo $175 $6,500 $500 $23,325 Other Fees and Charges: Tax Collector Fees are based upon Fiscal Year 2004 Assessments to be collected. The Tax Collector's fees are 2% of assessments levied. Property Appraiser Fees are based upon Fiscal Year 2004 Assessments to be collected. The Property Appraiser's fees are 1.5% of assessments levied. Revenue Reserve The District currently reserves, and State Law permits the District to appropriate 96% of estimated revenues, which will cover discounts and non-payment of assessments. Total Other Fees & Charges: Total Appropriations: $1,426 $1,069 $2,851 $5,346 $82,477 Z 1611 RESOLUTION 2003-6 A RESOLUTION LEVYING A DEBT SERVICE AND MAINTENANCE ASSESSMENT WITHIN THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2004 WHEREAS, the Board of Supervisors of the Heritage Greens Community Development District finds that the assessment for operation and maintenance of the District during 2004 will amount to $71,277; and it is hereby determined that said maintenance is required within the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT; 1. That a maintenance assessment in the total sum amount of $71,277 and the same is hereby levied upon each tract or parcel of land within the Heritage Greens Community Development District. 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. 3. That the said debt service and maintenance assessment levy and the lists of lands included in the District are hereby certified to the Collier County Property Appraiser to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Heritage Greens Community Development District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with the law'. PASSED AND ADOPTED this 14th day of July, 2003, by the Board of Supervisors of the Heritage Greens Community Development District, Collier County, Florida. Ja_~es~P. Ward Secretary 1611 ja~~-~ Chairman JENNIFER J. EDWARDS -~ 1 6,il I * Collier Government Complex 3301 Tamiami Trail East, Building B Rev. Dr. Martin Luther King Jr. Building Naples, Florida 34112-4902 Telephone: 239/774-8450 Fax: 239/774-9468 June 1, 2003 , Heritage Greens CDD Mr. Gary Moyer 10300 N.W. 1 lth Manor Coral Springs, FL 33071 Dear Mr. Moyer, Pursuant to Florida Statute 190.006 (3) c this is to notify you that the official number of electors residing in Heritage Greens CDD as of June 1, 2003 is 532. Should you have any questions or desire additional information, please feel free to contact me. Sincerely, David B. Carpenter Qualifying Officer Collier County Supervisor of Elections 239-774-8501 DaveCarpenter~colliergov.net ST-Moyer August 21, 2003 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Subject: Naples Heritage and ~ Community Development Districts; Request for Approval of Resolutions Calling for Election of Board Supervisors Dear Board of Commissioners: Please accept this letter, under our authority as District Management, requesting that the Board of County Commissioners of Collier County adopt the required resolutions for both the Naples Heritage Community Development District and the Heritage Greens Community Development District, calling for an election on November 4, 2003 to fill vacancy positions on the Districts' Board of Supervisors, due to the expiration of terms of office. We also acknowledge through this request that the Community Development Districts will pay the cost of said elections. Thank you for your consideration in this matter. Yours sincerely, lames P. Ward District Manager, Naples Heritage and Heritage Greens Community Development Districts IPW/cdd cc: D. Carpenter PLEASE REPLY TO: · 210 Nodh University Drive, Suite 702. Coral Spdngs, FL 33071. Tel 954 753 5841 * Fax 954 345 1292 [] 15730 Red Fox Run. Foal Myers, FL 33912 · Tel 239 437 5551. Fax 239 437 5552 o o ooo o 0 ..... ~ ~oo~o~ ..... o~ooooo o ooooo ~ oos~soo o ooooooo o ooooooo ~ o~ o f~ ooooooooooooooooooooooooo ooooooooooooooooooooooooo ooooooo~ooooooooooooooooo oo~oo~ooooooooo~ooo~oooo ............... ~ ...... S~gooo o o o oooooooooooo oooooo ooo 0 ~ off} Coyle ~ // - Cotetta - ~ -- AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 2, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMrTED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF l0 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR pRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES - SEPTEMBER 4, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS - JUNE 24, 2003, SEPTEMBER 9-10, 2003, AND SEPTEMBER 10, 2003, 5:05 P.M MEETING. 7. CHAIRMAN'S REPORT 8 · ADVERTISED PUBLIC HEARINGS A. Ava Maria and Stewardship Receiving Area Workshop/Presentation - Alan Reynolds - WilsonMiller BD.2003-AR-4392, Ben Nelson, of Nelson Marine Construction, representing Michael & Janine Knapp, requesting a 24-foot at dock extension from the maximum permitted 20 feet to all, ow for a boat dock'fii~ility protruding a total of 44 feet into the waterway. Property is located at 230 Baref6bt"Bb}rc~'~5~lev.ar~c~, Bayfront Gardens Subdivision, Lot 5, in Section 6, Township 48 South, Range 25 East, Collier County,~Fktrlda. ,{,C/oordinator: Ross Gochenaur) PUDZ-2002-AR-3158, Robert J. Mulhere, AICP, of RWA Inc. and Richard D. Yovanovich, Esquire, of Goodlette Coleman & Johnson, representing Eco Venture Wiggins Pass Ltd. requesting to rezone a 10.45 acre parcel from C-4 to a Residential Planned Unit Development (RPUD) to allow for: a maximum of 112 residential units on +/- 9.65 acres of residential development area for a resulting density of 11.6 dwelling units per acre, specifically including a 102 unit tower at a building height not to exceed 21 stories over parking (maximum of 225 feet above the required Flood Elevation and in accordance with the provisions of Section 2.6.3.1 of the Collier County LDC), 10 town home units, and a marina basin with 52 boat slips and customary accessory uses, including a publicly accessible ship's store and marine fueling station of approximately 5000 square feet of commercial space; and, a +/- 0.80 acre Public Use tract providing for additional public vehicle and boat trailer parking to provide: support for Cocohatchee River Park, access to the marina ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive. (Coordinator: Fred Reischl) D. LDC Criteria for Boathouses- Discussion 9. OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDA/Io/I 0/02/03 .Sepm.. mber 4, 2003 1611 t l, TRANSCRIPT OF THE MEETING OF THE COLLIER Jt/Y COUNTY PLANNING COMMISSION Fiala Halas Henning~ Coyle , - Coletta Naples, Florida, September 4, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the ". Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain (Excused) Dwight Richardson Lora Jean Young Lindy Adelstein Brad Schiffer Paul Midney Russell Bud David Wolfley ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Services Fred Reischl, Planning Services Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Ed Kant, Transportation Operations Ross Gochenaur, Planning Services Stan Chrzanowski, Planning Services 1611 ' Chairman Kenneth Abernathy called the meeting to order at 8:30 AM. Pledge of Allegiance was recited. 2. Roll Call was taken and a quorum was established. Mr. Strain was not present. 3. Addenda to the Agenda - Item 8F is continued to the October 2na meeting. Mr. Budd moved to approve the Agenda as amended. Mrs. Young seconded. Carried unanimously 8-0. Approval of Minutes - July 17, 2003 - Mr. Budd moved to approve the minutes of July 17, 2003. Mr. Adelstein Seconded. Carried unanimously 8-0. Minutes of July 18th, 2003. Mr. Budd moved to approve the minutes of July 18th, 2003. Mr. Adelstein Seconded. Carried unanimously 8-0. 5. Planning Commission Absences - Sept. 18, 2003. No response. 6. BCC Recaps - none. Chairman's Report - Schedule for the 2003 Cycles are: Wed., Oct. 22nd Wed., Nov. 12th Thurs., Nov. 13th - 9:00 AM Thurs., Nov. 20th -- 8:30 AM regular meeting with LDC Amendments to follow. 8. Advertised Public Hearings: A. BD-2003-AR-3884 - Richard Larsen, requesting approval of a boathouse to be constructed on an existing dock. Property to be considered is located at 330 Egret Ave., Vanderbilt Beach Estates Unit 3. Collier County, Florida Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER: Ashley Lupo, Rotzel & Andress, representing the petitioners Richard & Nancy Larsen. They are requesting approval of a boathouse to be constructed over an existing legal permitted dock which was permitted in 2002. An aerial map was displayed of other properties and the side canal. The petition meets all 6 criteria with no objections submitted. STAFF 2 September 4, 2003 Ross Gochenaur - Planning Services - states the petition meets all criteria and has had no objections, letters or telephone calls. This will be constructed on the existing pilings of the permitted dock. Mr. Richardson expressed his opinion of clearing up the issue of permitting of boat docks with a separate action of having a boat house come to them and hopes it will be in the 3rd cycle of the LDC Amendments. Mr. Gochenaur said there is no LDC Amendment that is going to change the current language. Mr. Schiffer stated the Planning Commission voted to have it on the 2nd cycle and submitted the language for the 3rd cycle. Mr. Gochenaur stated it had been decided not to amend the code language. Mr. Richardson was disturbed that this was not followed through on. Mr. Schmitt - Administrator Community Developmental & Environmental Services Division - answered that he has limited the number of amendments coming into the 3rd Cycle because of the quantity and volume of amendments the Commission will be dealing with. Such as the Eastern Lands Amendment, the Design Criteria, the Environmental Criteria, the Rural Fringe Amendments, and the Amendments to 3.15 of the LDC. He felt they will be faced with an enormous task in the next few months. Also met with one of the Planning Commissioners on the issue of docks and understands their desires. He is aware of a movement in the Vanderbilt Beach and Bay area to limit or eliminate any opportunity to request a boathouse. This is being discussed with the Commissioner in that area and the Associations in the Vanderbilt area. To tie the issue of a boat house and a boat dock, he can not prevent someone to ask for a boat dock on the premise that some day they may want a boathouse. He knows that is the desire of the Commission, but no justification to change the LDC to require it. Mr. Abernathy stated they wanted to eliminate the problem. Mr. Schiffer said the verbiage they presented would eliminate that problem. Mr. Abernathy stated they were trying to get deprivation of "view" back as the criteria. Mr. Schmitt answered there is too much subjectivity in what they define as "view" and that is what set-backs are for. Mr. Abernathy felt it was inadequately protected. Mr. Schiffer stated it was voted to submit it into the 2nd cycle, aborted in the 2nd cycle and now it is not in the 3rd cycle. They have the right to submit it and why isn't it presented. The concern is they have no ability to disapprove it because the way it is written, if they have a legal dock they are guaranteed to have a legal boathouse. They would like to view the boathouse "alone" and now do not have that ability. Minor rewording would give them that option. 3 September 4, 2003 Mr. Abernathy would like to discuss this further under "Old Business". SPEAKERS Dyrel Delaney - Huron Avenue - speaks in opposition of the boathouse. The general feeling and atmosphere and focus of Vanderbilt Beach are to not have any more boathouses. He feels it is all wrong for the community. The pilings and roofs are put in and then it becomes a boathouse which interferes with the view and general character of..,, the community. BJ. Boyer - President of the Vanderbilt Beach Property Owners Assn. - they tried to get the wording of the Code changed months ago and voted against boathouses. She displayed a picture of pilings put in this particular boathouse months ago. The dock had been redone and then the pilings put in at that time. Mr. Schiffer mentioned it is obvious that pilings were put in to solely support the, boathouse structure and not the dock. Ms. Boyer did not know the answer. She showed another picture taken yesterday at 5:00 PM and appears that the deal was already done. She tried to contact the family east of the dock who lives out of state. She never reached the appropriate owners and would not know if they would oppose the dock because of view or not. Ms. Ashley rebutted and stated that the pilings discussed were put in at the time of the construction of the dock in 2002 at permit time. There is no contract existing at this time until this process has gone through first. Mr. Greg Ork - pilings were put in all at one time - with the idea of installing for a future boathouse. It is more economical to do at that time than to come back again later. If the boathouse is not approved, the pilings are taken down. Discussion followed on the different pilings, height of pilings and them supporting or not supporting the dock, and the drawings. Mr. Gochenaur mentioned they do not require an exact drawing showing everything on the dock. They are concerned about the 4 pilings that dictate the setback and the protrusion limits. There is nothing in the Land Development Code or the Building Code that says a dock can't have tall pilings in anticipation of a boathouse. It is cheaper to do it that way and the petitioner is perfectly within his rights to do so. They have every expectation of meeting approval when the petition meets all 6 of the criteria currently in the LDC. Joe Schmitt mentioned they are trying to establish policy, and would recommend the Commission put something together and forward through him or present it to the Board of County Commissioners. They have to enforce the LDC and the petitioner has every right to construct a dock in anticipation of a boathouse. Ms. Boyer presented her 4 September 4, 2003 testimony and also the Homeowners Assn. has already approached their County Commissioner and asked a complete overlay of the area to prohibit boathouses. That is a separate issue - this is the riparian rights of an individual. He is puzzled as to where all the questioning is going. The Planning Commissioners need to vote according to what the law is now even though they would like it changed. There are no restrictions on the height of pilings. If not approved, they get cut down. Hearing is closed for discussion and motion. Mr. Budd moves the Planning Commission approve petition BD-2003-AR-3884 subject to the identified staffs stipulations in accordance with the current regulations enforced in Collier County. Seconded by Mr. Wolfley. Carried 7-1 - Mr. Schiffer opposed. PUDZ-2002-AR-3011 - Dwight Nadeau, of RWA Inc. representing A.R.M. Dev. Corp. of SW FL. Inc. requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Tuscany Cove PUD for a residential development for a maximum of 425 residential dwelling units generally located on the East side of Collier Blvd., approx. ~A mile South of Immokalee Road consisting of 78.07 acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Wolfley talked to the Council for the Petitioner. PETITIONER Mr. Rich Yovanovich - representing the Petitioner - this petition was heard before the Planning Commission and forwarded to the BCC for discussion. The concern was about traffic on 951. They are attempting to mirror the six lane. The majority of the traffic will head north to Immokalee road. They will work with Mr. Kant to install the appropriate devices. They also agreed to phase the project in which the first year they would be limited to 200 building permits and then on the annual anniversary of the adoption of the PUD they would be allowed to pull 20 permits per month. In the meantime there had been a change of what had been transmitted to DCA for the concurrency management system. They believe the phasing, forcing traffic to go north and the reduction of units addresses the concerns of the Planning Commission and hope to move forward for approval. Livingston Road is scheduled to open in 2004 which should also take some relief off 951. One other issue is the PUD still has 5 foot sidewalks and has not been changed to 6 feet. 5 September 4, 2003 Mr. Yovanovich mentioned this came back to the Planning Commission from the Board of County Commissioners because it was different, with changes, from what the Planning Commission had considered previously, and the BCC wanted the Planning Commission to hear what was being proposed because they valued the input of the Planning Commissioners. They get building permits for up to 200 units within the first year of the project, then they would be limited 20 building permits per month until the road begins (951). They will CO the units before the road begins. Mr. Schmitt mentioned the proposal for concurrency management is within one year of. the issuing of the Local Development Order, which is the approval of the Site Development Plan, or the approval of the final plat. Within one year of the final plat, the capacity has to be able to handle the traffic put on the road. They may not have a Certificate of Occupancy in the first year - building permit yes-'but not Certificate of Occupancy. From final subdivision plat, to drawing a building permit to Certificate of Occupancy is up to the builder as to how long it takes. Mr. Schmitt said it would take 12 months from final plat of approval to the actual roofs, be on the ground, Certificate of Occupancy being issued and residents occupying the facility. By the time the facility is occupied, the road is completed. Mr. Ed Kant - Transportation Operations Director - they are looking at a number of months from an actual construction start. If it would start within the next 12 months, there would be a number of months before the actual rooftops are going to be available for occupancy. The particular section of 951 (Collier Blvd.) is currently on the work program to begin in fiscal year 2005. It is his prediction that the development would dovetail with that roadway. Traffic signals and accesses were discussed in the various areas. The FPL lines will come down the west side of the canal, cross over, and down the west side of Collier Blvd. and will have to move when it is six laned. The road is in the work program and scheduled to be under construction in fiscal year 2005, and if not changed, the developer is able to plat in the next 13 months. Mr. Yovanovich stated concurrency doesn't say the road has to be built before a trip can go on it, just currently has to be within the three year of the five year work program. You treat it as it is built. They will live with whatever the concurrency management system is. Mr. Kant mentioned the signals will be Vanderbilt (existing), Wolf Road, at school and Crystal Lake and Immokalee Road. He would have to study the plans where the U-Turns would be made. Mr. Woifley asked that the 6 foot sidewalks stay. Mr. Yovanovich answered they have to stick to the 5 feet. Mr. Dwight Nadeau representing the petitioner also answered that their would be a conflict going to the six feet because the potentially required 23 foot driveway distance from the garage would not be accommodated. The sidewalk must be 6 feet off the 6 September 4, 2003 internal rights-of-way which is a DOT standard of safety. Three feet in would be the sidewalk, and then 20 foot front yard setback. The five foot has been passed. The streets are not required to have bike lanes but have a 10 foot shared pathway associated with the canal. The five and six foot sidewalks and 23 foot driveways were discussed at length. Fred Reischl - Planning Services - certain requirements and criteria in the LDC have to be met. Mr. Richardson asked about the throat distance being 75 feet instead of 100 feet. Mr. Nadeau stated the requirement for the throat distance is 75 feet, but if more than 30 trips are generated per day, it jumps to 100 feet. The bridge alone across the 100 foot wide canal would provide the adequate spacing distance. No Speakers. Hearing is closed for discussion and motion. Mr. Budd moved to forward petition PUDZ-2002-AR-3011 to the Board of County Commissions with a recommendation of approval subject to the stipulations of the unit count being reduced to 375 units, the right-of-way being restricted to north exit, 200 units limitation in the first year, 20 per month in the second year and a five foot sidewalk. The Five foot sidewalk will allow the 23 foot driveway for parking. Mr. Adelstein seconded. Motion carried 7-1. Mr. Richardson with the dissenting vote. Break - 9:50 AM Reconvened - 10:05 AM PUDA-2002-AR-2475 - Gary Butler, Butler Engineering, Inc., representing Bayswater Falling Waters LLC, requesting a rezone from "E" Estates ad PUD Falling Waters PUD, to increase acreage of the existing Falling Waters PUD from 134.04 to 161.54, change density from 6 dwelling units per acre to 4.95 per acre, and show a change in property ownership, for property located south of Davis Blvd. & west of the proposed alignment of Santa Barbara Blvd. in Collier County, FL consisting of 161.54 +/- acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Richardson spoke with Bruce Anderson. PETITIONER 7 September 4, 2003 Bruce Anderson - representing the Applicant Falling Waters Bays Waters LLC. Has met with Falling Waters residents, and Cope Lane and County staff in what was proposed and hope that all the Previous questions have been answered. This is a PUD Amendment, with no increase in the number of homes that are already approved to be constructed within the Falling Waters Development. That number will remain at 799 homes. The Amendment seeks to add 5 acres of developable land and 22 1/2 acres of conservation' land. He displayed color coded maps of the area and the designated acres in discussion. The existing approved dwelling units will be spread out over the five acres being added. There are already 25 acres of conservation land south of Cope Lane. Conservation lands. that are being added to the PUD are subject to a conservation easement given to the State' of Florida Southwater Management District and prohibit residential development on the lands subject to the easement. Adding the conservation land provides the County and residents of Falling Waters additional enforcement to make sure the lands are maintained in their native condition and free of invasive exotic plants. In response to concerns, the developer has agreed, but not required to do so, that if the amendment is approved as presented, they will construct another pool in or near the Magnolia Falls area and built on the additional five acres of developable land being added. The entry road at the Guard gate will be widened to two lanes. No homes or any other buildings will ever be developed on the 22 ½ acres. Additional commitments; no later than the time of turnover to the property owner Association from the developer, the title to the conservation lands will be conveyed to them, subject to the Conservation easement. At time of turn over, the developer will be responsible to pay the real estates taxes for the conservation parcels. Cope Lane is proposed to continue to be used for construction traffic until completion of the project estimated in 2 V2 years. After that, use of Cope Lane would be discontinued with a new asphalt overlay applied by the developer of Falling Waters to Cope Lane from County Barn Road to the Falling Waters access point. Gary Butler - representing the petitioner - Cope Lane has been extended to the driveway of the original PUD and the road thickness is one inch. They are adding another overlay because of the increase of traffic over the next two years. They are willing to extend an extra 10 feet. They will be moving their construction access farther to the West 600 feet in the final phase. Basically Cope Lane is owned by the residents, not the County. After construction is finished Cope Lane will not be utilized for access, emergency or otherwise. Mrs. Young asked if they were adding additional tennis courts or additions to the clubhouse. The answer was "no". Mr. Richardson asked abut the number of units - Mr. Butler responded there are 602 actually built, and working on an additional 80 which are approved at this time. The project received unanimous approval from the EAC. SPEAKERS 8 1611 September 4, 2003 Maggie Cobeaga - Cope Lane - she has 2 ¥2 acres and access to Cope Lane. She stated it is a very narrow street and can not pass the tracks. If they continue to use the street it will be Mined. She sees people on her property and stated they do not need any more apartments. She doesn't object to progress, but feels there are too many apartments. She also stated they were going to fix the street and it has not been done. She was not sure' what the tracks are hauling. ., Gary Butler stated they were hauling fill in - not out. All material on site is being used on site. They have not used the road in the past month, but will be using it in this .,,. development. They have fixed portions of it and will put another overlay over the entire length of road they are using for the next 2 years when they are finished. James McQuire - 5900 Cope Lane - moved in recently and mentioned the road is very narrow and cannot pass on it. If they start a new development he feels they need to widen the road. There is a lot of underbrush and vegetation blocking the sides of the road. ' ' Mr. Butler stated they could schedule the tracks at different times if that would help the residents on Cope Lane and have the underbrush cut back within the next 2 weeks. He will also fill any pot holes that are there and that may develop due to the track traffic. Hearing is closed for discussion and motion. iI Mr. Budd moved to forward petition PUDA-2002-AR-2475 to the Board of County Commissioners with a recommendation of approval including the additional stipulation by the petitioner such as building another pool and the extra lane at the entry and additional trimming of Cope Lane. Seconded Mrs. Young. Motion carried unanimously 8-0. PUDZ-2003-AR-3607 - Hoover L. Hoover, Hoover Planning & Dev. Representing Barton & Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document & Master Plan will eliminate the uses of private school & assisted living facility & allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Blvd. just south of the Crystal Lake PUD (RV Park) in Collier County, FL. Property consists of 119 +/- acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. PETITIONER 9 September 4, 2003 Bill Hoover - Hoover Planning representing the petitioner - property is 119 acres in size on the east side of Collier Blvd approx..8 of a mile south of Immokalee Road. The westerly 40.7 acres is within a residential band surrounding the Immokalee Collier Blvd. Activity Center. Approx. 1/3 of the sites in the residential density band permit 7 units per acre. The balance of 2/3 permits 4 units an acre. They wish to amend the NICEA Academy PUD which currently permits up to 600 students at a private school on 5.3 acres and 10 residential units which would be replaced by 580 condominiums on a density of 4.87 units per acre. North of the property is Crystal Lakes RV PUD, south several parcels zoned agriculture, including some along the westerly Bristol Pines PUD, east is agricultural zoned land in the rural fringe receiving area and west across Collier Blvd is the affordable housing complex Brittany Bay PUD. Traffic currently would generate 556 AM peak hour trips, 185 PM peak hour trips and approx. 2,100 week day daily trips. As proposed they would generate 205 AM peak hour trips, 262 PM peak hour trips and 2,900 weekday daily trips. The difference would be a major reduction of 351 AM peak hour trips, increase of 77 PM peak hour trips and a gain of 823 daily trips, Equivalent of 82 single family homes. The level of service on 2002 counts is "E" or "F". They have not shown plans on phasing yet, but in building 580 units they will meet concurrency. Construction is in fiscal year 2005. They still need their site development plans, building permits and environmental permits. Units wouldn't be up before fiscal year 2005. Mr. Wolfley asked if there is a contract buyer or is Mr. Hoover the developer. Mr. Hoover stated the owner, Joseph Magdalener, has a portion of the westerly 15 acres under contract and Jacob Nagar has an accepted contract on the property including the westerly 15 acres, so is proposing to buy out Joseph Magdalener, who has the westerly 15 acres under control, as well as Bart Maclntyre who owns the remainder of the 119 acres. Mr. Wolfley asked if that is the developer of Sapphire Lakes, in which Mr. Hoover stated it was, and he will be the developer of this property. Fred Reischl - Planning Services - the analysis is the same as the first time it was presented. Ed Kant - had several meetings with the developer. The issue with Tree Farm Road he stated has been resolved. He would have preferred to have access and access off the southern parcel off Tree Farm Road to minimize the number of connection points off 951, but cannot do anything to make that happen. He would have hoped for cooperation from the property owners in seeing the value of it, but find no reason to withhold approval. SPEAKERS Kathleen Stock - 1446 Davila Street - her concern is the access point north of her, but what is going to guarantee them that as they develop the project, that they will not use Tree Farm Road. To use that access point, they would have to build a bridge over the 10 September 4, 2003 canal. How can they develop the project without the bridge in place? One resident is blocking them, and will not give them access. Jeff Davidson - Engineer - he agreed not to use Tree Farm Road access for the construction. Mr. Reischl stated the Master Plan does not show access from Tree Farm Road,. only from 951. If they ever wanted to use it, they would have to come back to the Planning Commission to change the PUD. He answered a question by Mr. Abernathy that even if it were for a couple of months of use to build the bridge over the canal they would have to come back to the Planning Commission or someone could call Code Enforcement if they do that. Public Hearing is closed for discussion and motion. Mr. Budd moved to forward Petition PUDZ-2003-AR-3607 to the Board of County Commissioners with a recommendation of approval and there will be no use of Tree Farm Road. Seconded Mr. Wolfley. Motion carried unanimously 8-0. Ee PUDZ-2002-AR-3495 - Kenneth Griffith, of Johnson Engineering, representing V.K. Development Corp. requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as Wentworth Estates PUD. The current PUD is known as Lely Lakes PUD and consists of residential & commercial use. The proposed PUD will consist of mixed uses for a maximum of 1,499 residential dwelling units, 85,000 sq. feet of commercial uses, 18-hole golf course & associated amenities. The property to be considered for this rezone is located on the southwest side of Tamiami Trail East (US41) approx. 1 1,4 mile southeast o the intersection of Tamiami Trail East and Rattlesnake Hammock Road in Collier County, FL. Consists of 1,558.49 +/- acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Budd met with the petitioner and Mr. Hagan. - Mr. Schiffer met with the petitioner and Mr. Hagan. Bruce Anderson - representing V.K. Development Corporation of Wisconsin - contract purchaser of the property. Property is zoned PUD known as the Lely Lakes PUD and is 514 acres now owned by the State of Florida and utilized as part of the Rookery Bay Reserve. It allows 10 acres of retail commercial uses and 749 dwelling units and includes a Hotel Resort Village with 150 rooms, related commercial uses, restaurants, meeting uses and recreational uses. The Collier County Comprehensive Plan allows a density of 3 units per acre, the PUD amendment application eliminates the Hotel 11 September 4, 2003 Resort Village uses and seeks approval for a maximum of 1,499 dwelling units which is as density of 0.9 7 units per acres when including the state owned lands that have been in the PUD boundaries, or a density of 1.45 units per acre if excluding the state owned lands. The density is less than half of the 3 units per acre that the Comprehensive Plan allows on the property. The PUD Amendment continues to include 10 acres of office and commercial uses on US 41. The team has met with the Florida Dept. of Environmental Regulations and Rookery Bay staff to try and establish good neighborly relations and communications before filed with Collier County. They wish to keep up the communications and offer an educational program to the residents of the development about the mission and special nature of the Rookery Bay Reserve. .. They are aware of the comments submitted by the Conservancy which were presented to the Environmental Advisory Committee, which were considered and rejected unanimously. A response to their letter has been written by Chris Hagan. His client has agreed to pay half of the road impact fees for the entire project when the first plat is recorded. They are estimated at approx. $3.5M. These funds will be in the Counties hands earlier than required. He has also agreed to pay $392,800 for road improvements for surrounding transportation network which payment is in addition to but not creditable toward the road impact fees. Chris Hagan - Johnson Engineering - Extra copies of his letter was distributed. (Enclosed) He also stated the Developer is working with the residents, neighborhood, conservancy, the civic associations, the South Florida Water Mgt Dist., Corp of Engineers, and the Storm water Mgt from the County. They are making many improvements to the neighborhood such as drainage, easements and many more. In meeting with the Conservancy, they have tried to address their concerns and also work on a water quality monitoring program. They have reduced their initial building heights from 130 feet to 100 feet. They have established a gopher tortoise preserve on site and an eagles nest being preserved per the Federal and State permits with no development in the primary zone. Three minor and clarifications to the PUD language were made and were made part of the record. (Enclosed) These had been discussed with Fred Reischl from Planning Services. (It was also read into the record). He displayed the proposed plan drawings and rendering. It will have a Mediterranean feeling for the overall project. Extensive wetlands and uplands will be on site. Improvements will be made along Southwest Blvd. There had been some concerns with the neighbors of how the traffic will be handled on the second entrance. Extensive landscaping will be done, enclose the drainage system and tie into the Lely area storm water improvements, to help with the drainage problems. As soon as traffic warrants, a signal will be installed if and when FDOT approves it. It will be a golf course community. The taller buildings will have a view of Rookery Bay but not from the public waterways or boardwalks. Mr. Abernathy stated he has a problem with the "mid-rises" being 100 feet. He would like to see them at 75 feet or move away from the border of the preserve. 12 September 4, 2003 They have followed the Counties standards and current Ordinance. Mr. Abernathy feels the closer to a preserve, the more stringent he feels about developments. He would like it reduced to 75 feet with all the add-ons or move them away from the Preserves and keep the 100 feet. The director of planning for VK Development mentioned the reason for the mid-rises and golf course in that particular area is to minimize the density so as not to overlook roofs. Views will be open and not obstructed. They have 100 feet of residential space and above that, a standard roof and above those 10 feet 7 inches. Total living space is 100 feet total. It will be a courtyard effect and openness for residents and Rookery Bay. There will be a total of twelve buildings, 225' in width, and 6 units per floor with swimming pools, tennis courts, underground parking and pleasing to the eye. If they reduced it to 75' it would look like a Chinese wall - long and narrow and not appealing and reduce the density. Mr. Hagan mentioned if it is brought down, it will create a suburban sprawl. He displayed the site line map. Bruce Anderson mentioned the height they are asking for approval on is the same as the height of the Heritage Bay project. They are not willing to reduce the project. Mr. Hagan said they did a site line along US41 also. He again displayed a map showing the vegetation along US41. Mrs. Young brought to everyone's attention the fact that other property developments in the area are two and three stories for the most so why is VK Developers overbuilding. Mr. Adelstein asked about the garages and sidewalks. No garage door should be closer than 23 feet from the sidewalk on the front entry garages. Sanjay Kuttemperoor answered a question concerning having approx. 350 members of the golf course, but no decision has been made yet on private and public. Also a lengthy discussion followed on roof elevations. SPEAKERS Tad Bartareau - Works for Florida Dept. & Environmental Protection at Rookery Bay Reserve - They have met with the developers in the past months and aware of the letter from the Conservancy. The buildings are in an area where they plan to have an access restricted in perpetuity. They are not near their new environmental learning center. The trade-offs for environmental of having a higher building was a positive. He felt it was the best project they have on their boundary. There will be no wetlands impacted in the particular area the buildings will be built. He talked about the water quality; historical sloughs and restoring flowways. The monitoring requirements are part of their Environmental Research permit and all being addressed. It is a model project. 13 September 4, 2003 The water quality water management and retention ponds were also discussed. He also stated he believes the buildings will not be visible from the public use of Rookery Bay. Esther VanLar - Imperial Golf Course Blvd. - she is a real estate agent and told a little about VK Developers and the family. She is originally from Brookfield, WI. They build high end communities in the City of Brookfield and are thought of very highly. Vincent would work with the neighbors and city on any problems personally. He is a former Professor of Mathematics, Physics and Nuclear Engineering. He has developed land to protect the environment. They contribute to the community and are committed. Howard Taylor - Director of The Greenwich Group - the main issue to focus on is the quality of what is being proposed. Being a Naples resident, the comparison to many other projects would be such as Bonita Bay - Medittera. He knows the Kuttemperoor family and agreed with the previous speaker. The family follows through on everything they say they will. Bob Murray - Chairman of the East Naples Civic Assoc. - members met with. the Kuttemperoor family looking at the first renderings of Lely Lakes. They were very open, clear, direct and open to concerns raised. One was the mid-size buildings and visual from 41. They felt they would be a good Developer for the community. They have been very responsive in any questions raised. There is a water pipe along Southwest Blvd for drinking water which has been reported as asbestos and been there since 1950. He would hope the family and the County could replace it. No one has been negative on the project to his knowledge. Brad Cornell - Audubon Society - their concern is the density is too great for the area. It should be lowered with the proposed density and compatible with the area. Water retention proposed to treat the storm water is not adequate. A study done by Harvey Harper in 1994 says it is not true that wetland retention provides adequate water quality treatment. They support monitoring. Consideration should be also given to reducing wetland loses. Gopher Tortoise is another concern for them. Five tortoises per acre are too dense and encourage disease and provide stress for the animals. Two to three animals per acre is more appropriate. He wants to applaud the developer for going to great lengths to address environmental issues with their development, but encourage them to go a bit further on some of the issues he mentioned. He suggests Rookery Bay be the amenity and not the golf course. He has not met with the developer. Glenn Forbes - 24 resident of Collier County and 13 years of Trail Acres - he has attended meetings and has been impressed. His main concern is the children. The 240 home~ in Trail Acres have not been addressed. He read an e-mail into the record of which a copy was not accessible. The letter addressed traffic concerns, a gate open only for emergency, their build out creating more trips and safety measures for the children. The project would be detrimental to their way of life and the safety of their children as 14 September 4, 2003 they are walking, playing and going to school and catching school buses. He suggested they have security locks and open only in emergency situations. The golf course and 500 units proposed will be roughly 800 people; in which he discussed how many trips it would be through their neighborhood. He feels this is as important as gopher turtles, snakes, high rises, and views and feels they are being violated. He lives on 4th Street and Southwest Blvd. There are 6-8 school buses in the morning. He didn't know they had to have two entrances to the project. His concern is approx. 3,000 cars going up and down Southwest Blvd. Michelle Penrod - 157th Street - Trail Acres - resident of 14 years. She has called the developer several times and they have called her to ask what would make them happy. They went along with the sidewalks, the street light at the end of the street, and have been willing to do everything they have asked for including paying for a street light if transportation will approve it. Will improve value of their homes, and if they do what they say they are going to do, she has no problem with it. They have discussed putting an area where the parents and children can meet at the bus stops instead of being all over the street. Sometimes it is flooded out, and they have been willing to work with them. Mr. Abernathy noted they will stop for an hour lunch after this petition for those that are waiting in the audience for another Item on the Agenda. Brent Lacey - Senior Transportation Planning/Gladding Jackson - their analysis they conducted based on the methodology they were required to apply indicate there will be additional traffic on Southwest Blvd. No where near the 3,000 suggested, but could be 1,500 daily trips - with increased density it could double or increase. He discussed peak hour volumes - 60 additional trips - during construction - no tracks allowed. Concerns of the children mentioned earlier, the developer has indicated they will put in sidewalks and make improvements on the roadway for safety. The residents main concern was the lack of a signal light at 41 - when it meets warrants, the developer has agreed to pay for the intersection improvements, improvements on Southwest Blvd, and the design and installation of the traffic signal also. This will be a gated community and gated on both ends. Mr. Abernathy was concerned about the peak hour trips discussed. Mr. Lacey mentioned they are stating approx, a total of 600 daily trips. Edward Kant - Transportation Operations Director - When improvements are made the street will be brought up to current county standards. This is a county maintained road. When "warranted" the developer has agreed to install the traffic signal at US 41 and Southwest Blvd. Doesn't mean the signal will come out when developer has started, or when it is completed. It is a State Road and they will control if and when it will go in. FDOT may or may not approve it. They are reluctant to add signals to the state system due to cutting down capacity. 15 September 4, 2003 They have reviewed the TIS - all the numbers etc. There will be more traffic on 41 hnd Southwest Blvd. There will be intersection improvements made by the developer. He discourages yellow blinking lights - they are ignored by residents when they see the light on a daily basis. David Williams - Johnson Engineering - Dr. Harper has revised the 1994 report and made more specific to the SW Florida area - the Sept. 3rd letter to Mr. Abernathy. they outlined report calculations on determining if the site would be producing more pollutants after development than before development. It shows they are producing fewer pollutants. Russell Dancer - Senior Consultant for the Phoenix Environmental Group - He has been involved in over 2,000 developments in the past 2 years and work with developments to reach a happy medium.. He stated this project far exceeds that and has been told by the developer they are not to adversely impact Rookery Bay. They have ' done extensive work with Rookery Bay staff and met several times with the Conservancy and tried to meet everyone's concerns. They have analyzed wetlands on property~ assessment technical in nature, analyzed the uplands, preservations, and looked at the animal species (gopher tortoises). They have established, with help from Rookery Bay, and Tallahassee, the VK Development Grant. It is an environmental grant which is a development grant for $374,000 to be used for resource management and environmental education for Rookery Bay, staff and visitors to the area. This will help with removal of exotics and enhancing the wetlands on site and off site. They are addressing County wide issues and preserving a total of 298 acres. They are restoring natural flowways. He discussed the power lines on the property. Vincent Kuttemperoor - VK Development - he introduced his family and mentioned it is a family business with family values. He has established a residence in Naples in January and owns a condo in Parkshore. Being from Wisconsin, he knows everyone does not know what their standards are or what they stand for. He wants to work with everyone and make them all happy if possible. He will do what it takes for Southwest Blvd. and will make a commitment to make the street safe and sound for all the children. Building heights are an issue, but certain densities are needed to make the project feasible, but will negotiate. He proposes to cut off one floor which will be 90 feet instead of the 100 feet height. He will sacrifice one floor in every building reducing the density of 72 units. Marjorie Student - Assistant County Attorney - reminds the Commissioners this is a rezone and the decisions are made based upon objective criteria that relates to compatibility and other issues that are referenced in the staff report. Also any infrastrUcture needs are based upon the impacts of the development, and not "lets make a deal". 16 1 6 [ 1 1 September 4, 2003 Mr. $¢hiffer asked about the impact fees in which Mr. Anderson answered they will pay the impact fees along with the $190,000 for transportation improvements. He asked about the $5' height and setback of 25' for the Clubhouse or golf courses. It is the maintenance building. Mr. Schiffer asked to have it stated "no building 55' is within 75' of the property line." Under permitted uses they need to add "office use." Fred Reischl - Planning Services - their analysis has been found consistent with the Comprehensive Plan and compatible with surrounding neighborhoods. The consistency analysis is based that it is urban coastal fringe, which in the Growth Management Plan ,, and a transitional area, is to provide for the transition between the very low density to the south and the 4 units per acre to the north. At three units per acre, the GMP considers it transitional. They recommended approval of the higher story buildings because they were not maxing out the site in using one unit per acre rather than the maximum of three, and incorporating Mr. Bartarean's comments. The hearing is closed for discussion and motion. Mr. Budd moved to forward Petition PUDZ-2002-AR-3495 to the Board of County Commissioners with recommendation of approval with additional stipulations being: 1) 2) 3) 4) S) 6) there be a 23' front yard setback on the front loading garage areas, the building height be reduced to 90 feet the total unit count be reduced by 72 units no 55' building within 75' feet of the property line add "office retail" to permitted uses - as long as it doesn't contradict the GMP within the PUD uses the stipulations read into the record by Chris Hagen (attached) Seconded by Mr. Woifley. Mr. Abernathy still didn't feel comfortable with the 90' height and doesn't have anything to do with integrity. , Mr. Adelstein has a problem with the height also. He feels more comfortable with the 75' as Mr. Abernathy does. Mr. Richardson is impressed with the sincerity of the developer and also with Mr. Abernathy exerting a principle. He feels there is a balance and go with the 90'. Mr. Schiffer likes that they did an analysis on site lines and you can't see the building from certain areas. Mr. Budd has a problem with setbacks more than he does with the height. Mrs. Young is impressed with the integrity and honorability with the family and builders. She thinks 75' would be better but they have gone out of their way to work with everyone on other issues. Mr. Midney stated the 90' is a comparable compromise he can support. He asked about water quality monitoring. 17 September 4, 2003 Mr. Reischl will include in the PUD that they require it and have the monitoring by the District. Motion carries 6-2. Mr. Abernathy and Mr. Adelstein voting "no" The meeting will reconvene at 2:15 PM. Recess - !:20 PM Reconvened - 2:15 PM Ge PUDZ-2003-AR-3860 - D. Wayne Arnold, Q. Grady Minor & Assoc. & Richard Yovanovich of Goodlette, Coleman & Johnson, representing Gateway Shoppe's II, LLC, requesting a rezone from "RSF3" &"PUD" to "PUD" Planning unit Development known as Artesa Creek PUD by revising the PUD document & Master Plan to increase the acreage from 45 acres to 82 acres, change from a residential to a mixed use community, change density from 7.8 dwelling units per acre to 6.4 units per acre consisting of 300 residential dwelling units within areas designated "R" on the conceptual Master Plan of which a minimum of 200 must qualify as affordable housing; changing the name from Henderson Creek to Artesa Point; and add commercial uses for a maximum of 325,000 sq. feet of gross leaseable area. The subject property is located on the east side of Collier Blvd. & south side of US41 in Collier County, FL. Consists of 82+/- acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - none. Mr. Rich Yovanovich - project known as the Henderson Creek PUD. They created a sub-district that would have allowed commercial development on the property closest to 951 & residential development behind it. The Comprehensive Plan Amendment lagged behind the proposed development - thus going through the PUD first. It allowed for construction of up to 360 dwelling units, to be phased. The first phase an apartment complex and second phase owner occupied for sale affordable housing which is being brought back today. The comprehensive plan required a minimum of 200 affordable housing units. They will all be affordable housing units in the plan. They have now gone to a 100% for sale owner occupied project. Not greater than 4 units per building thus reducing the density to 280 units. Adding commercial, the intent is to be a regional retail - not Publix shopping center. One of the users would be at least 1,000 sq. feet of use. Intent is to attract wholesale; Costco, BJ's, Home depot, Loews etc. Have addressed concerns of the neighbors to the best they can, with no major issues. Mr. Richardson asked about "non-regional" retail entities. 18 September 4, 2003 Wayne Arnold - Grady Minor & Assoc. - showed map of exhibits, highlighted " residential, commercial and road access. Affordable housing is going to be principally attached single family - 4 plexes. Maximum height limitation of 35 feet for residential and commercial, except any type of architecturally entry features on the commercial. They are providing for interconnection to the activity center commercial from the loop road system. This was encouraged by the transportation staff and has no problems with it. Mr. Abernathy asked about the acreage numbers - some is made up of the road~, and a portion of the conservation area included. Mr. Schiffer asked about the parking lot - Mr. Arnold stated it is going to be commercial, parking. Mr. Shiffer asked why they couldn't interconnect the 3 out parcels - there will be a frontage road behind them and limited to the access points on Collier Blvd. with no direct access to 951. Mr. Arnold stated they committed to provide an 8 foot high wall on top of berm with"the wall being 6 foot in height along the residential and chain link possibly for the preserve area. There was concern for water containment for the mobile park. He again sh}3wed the map providing for a small collector swale to collect any water that falls on the berm and channel it back into their system. They feel that is an adequate solution. Parcels 1, 2, 3 & 4 could be gas stations, convenience store, bank etc. that would not be regional attracters of people in the immediate area. Mr. Wolfley asked about sidewalks and bike paths. Mr. Arnold stated the Habitat for Humanity has purchased the residential portion and will be the developer of the affordable housing units and their plans do include sidewalks. Mr. Adelstein mentions they will insist on one car garages in the project. Sam Durso, President of Habitat for Humanity for Collier County - they will do the single stall garages for each unit. It is basically the same house they have built in the past - 550 in Collier County. They want to build a single story house as it is easier to build without volunteers. He described the homes. They will have a Homeowners Assoc., escrow for landscaping and maintain the landscaping. They will build 220 in less than 2 years with volunteers. Mr. Schiffer asked about the minimum of a 20 foot radius of the roadway. Dean Smith - Grady Minor & Assoc. - the radius is for the turnouts for the intersection. Discussion followed on the turn lanes and intersection. Mr. Schiffer asked about the density. Mr. Arnold answered that the open spaces are such as lakes, residential area and other preserve areas equaling 47 acres total. The 280 divided by 47 is the projects density. Mr. Ray Bellows - Planning Services - reviewed the petition and is consistent with the Comprehensive Plan and recommended the changes discussed. The Environmental Advisory Council reviewed it and recommended approval also. Neighborhood information meeting was held and no significant oppositions to what were being proposed. 19 September 4, 2003 The hearing is closed for discussion and motion. Mr. Adelstein moved to recommend forwarding petition PUDZ-03-AR-3860 to the County Commissioners for recommendation of approval, and that each house has a one car garage. Seconded Mr. Budd. Carried unanimously 8-0. PUDZ-2001-AR-955 - William L. Hoover Planning & Development, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Wolf Creek PUD for a residential project for a maximum of 732 dwelling units on property located along Wolf Road, Approx. 1/z mile west of Collier Blvd. and 3/8 mile north of Vanderbilt Beach Road, Collier County, Florida, consisting of approx. 147.69 acres. All those testifying were sworn in by Mr. Abernathy. Disclosures - none. Robert Mulhere - RWA - representing the petitioner - project was shown on screen of the location. (Northwest quadrant of Vanderbilt Beach Road and Collier Blvd.) They are proposing 591 units. Project is 147 acres and net density is 4 dwelling units per acre. It will be a mixture of multi and single family units. 370 multi family and balance single family. Had two public meetings, one for benefit for Island Walk residents. Concerns were addressed concerning height limitations etc. The have committed to construct the north-south leg of Wolf Road shown on a map displayed. Wolf Road was not in the plans in the beginning. Access and different roads were shown and discussed. Wolf Road will provide access for others in the future, but for their project will allow the residents to go north and west without impacting the intersection. Ed Kant - Transportation - stated they have been working with five different developments in the past three months and Loop Road serves Mission Hills - with access pieces into the Wolf Creek PUD. He showed on the map the areas the road will serve and other areas that are connecting with proposed roads and a school. 951 are considered a controlled access facility. There is an opportunity for a traffic signal at Wolf Road. He discussed and showed on the map other areas for possible signals. The widening of 951 is programmed for fiscal year 2005 - construction to start in spring. Their project will be started within one year. Mr. Mulhere stated it would take 6-8 months to plat the property and will meet current concurrency and be consistent with the proposed. Mr. Mulhere mentioned added standards that have been added to the PUD not in the Commissioners packets. They have met with staff and revised the PUD to add the standai-ds. It will be 23 feet from garages to sidewalk. They will meet Land Development Codes. 20 September 4, 2003 Single family is 20 feet. There was some confusion as to all the setbacks according to the Commissioners packets and the new standards. Mr. Mulhere will provide the Commissioners with a list of the standards he was referring to. Mr. Wolfley asked about any landowners in the area. The answer was shown- 1) there is a modular home 2) there is a trailer and residents moving shortly 3) a home for sale owned by an excavator and realizes he is in a transition area. Mike Bosi - Planning Services - there was one letter of objection from someone from Island Walk concerned about after hour parties and noise with that type of residential development, but there is a stipulation that any three story buildings & multi-family ~, buildings are to be 150 foot from the Island Walk border and also the space configuration of how the Master Plan has the single family residences abutting the Island Walk community. No other objections. Staff has no problem with the attached housing. He can include that with the PUD when they send it the Board of County Commissioners. The PUD development standards have been reviewed and found consistent with the Growth Management Plan and the Land Development Code. Hearing is closed for discussion and motion. Mr. Adelstein moved to forward petition PUDZ-2001-AR-955 Wolf Creek to the Board of County Commissioners for recommendation of approval including the new development standards. Seconded by Mr. Budd. Carried unanimously 8-0. I. CU-2002-AR-3537- Nick Stewart, of Stewart Mining Industries, requesting Condition Use "1" for earthmining in the "A-MHO" Rural Agricultural - Mobile Home Overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Budd met with the petitioner and their representatives. Mr. Schiffer had a telephone conversation with Pamela Stewart representing the petitioner. Jeff Davidson - Davidson Engineering - the project is over a 200 acre sand mine excavation. This is a specialized material and limited quantity of it in Collier County. The lake is more than 200 acres located on a 228 acre parcel. It is located one mile south of State Road 82 about one mile west of State Road 29, NW of Immokalee. Nick Stewart - President of Stewart Mining - the sand is a very coarse silica sand product used for manufacturing of concrete sand, for golf course sands, and asphalt products. He had a sample for viewing. It is dredged, mn through a processing plant, graded, sorted and has different granular sizes. They will serve concrete plants 21 1 September 4, 2003 throughout the different counties, and works with beach erosion. If they were to encounter materials undesirable or unfeasible to mine, they would discontinue mining and leave the natural land. They own the property under an LLC. In sand mining business, an 85 foot lake is quite common. They have encountered lime rock at 100 feet. Mr. Adelstein asked to have the "fetch system" explained. Stan Chrzanowski - Engineering Services - in the excavation ordinance they have the "fetch formula" which fetches the distance that wind blows across the surface of a lake in a given direction. It says it is the fixing of the depth of the lake they are allowed to dig. Too deep of a lake is not going to overturn properly. He talked about dimensions and formulas. They have done a lot of research and not sure the "fetch formula" applies to all lakes of all shapes in all areas of the County. Mr. Stewart wants to violate the "fetch formula" and convinced the County that this will not be a problem in the area, based on the formula in this instance. Violate does not mean a bad thing, he is working with the County. A lengthy discussion continued on the normal temperature cycles and the lake being anoxic. The Immokalee well field is 3 miles from the site with no problems. Jeff Davidson said they are intending to construct a typical water management berm and also put a liner in the berm. The County permits on this type of property are not the only kind of permits they need to get - they have to have an environmental resource permit from the State. Water quality issues were addressed, sloping requirements, littorals, and any impact to water. They will be monitored and annual reports will be done. Mr. Davidson mentions one of the transportation recommendations requested they put in a certain pavement thickness and road width. They would like to modify it with the minimum pavement being 22 feet and stabilize the road with recycled asphalt. Hearing is closed for discussion and motion. Mr. Budd moved to forward petition CU-2002-AR-3537 to the Board of Zoning Appeals with a recommendation of approval with clarification of the 22 foot access road with the option of either or asphalt milling surface and other conditions recommended by staff. Seconded by Mr. Adelstein. Carried unanimously 8-0. CU-2003-AR-3954 - Jerry Neal, representing R.H. of Naples requests a conditional use #1 of the Agricultural District for the purpose of Earthmining. The property to be considered for the conditional use is located at US41 East from CR 951 to Greenway Road, North to Manatee Road, then East to end of road n Collier County FL. Consisting of 42.33 acres. 22 September 4, 2003 Those testifying were sworn in by Mr. Abernathy. Disclosures - none. Jerry Neal - representing RIt of Naples - petition is to finalize an excavation that was permitted with a conditional use that has expired. The project is almost finished. He showed the boundaries of the site on the map. Road leading into it has been paved and a turn lane put in. Fill is being removed for project down the road which is a Habitat for Humanity project. Lake or water that will remain will have large plantings versus the strip areas on east side of project. Wider strip will be on the west side as was in the beginning completed with 50 feet on the northeast and south and 130 feet on the west. Mike Bosi - Planning Services - has not received any written correspondence concerning the conditional use application. Two neighborhood meetings were held and concerns were addressed. Trucks cannot leave site until 8 AM and will have 8 hours of activity. Mr. Adelstein asked how they could operate without a permit for 2 years. Mr. Bosi answered they had operated beyond the timeframe of the conditional use; the new conditional use is in after the fact and would apply the normal conditional use fee of $2,000 which will be $4,000. Hours of operation were not discussed at the neighborhood meetings. Explosives and dust from the site were the concerns. They were also concerned about safety issues with children. It would help if Code Enforcement' s number is given to the neighbors as to what has been agreed to, which would be pro-active rather than reactive. There is a fence on the north and east and a berm and ditch on the south side with a berm on the west side and a small ditch. They will get the materials out two months after approval and then divide into 5 acre lots. Marjorie Student - had a concern about the Code Enforcement notification and wondered if the Commissioners wanted it as a stipulation of the conditional use. If it is made part of the document - would need to know if the standard feet of 500 would be used. Ray Bellows felt it should be up to the petitioner to fulfill as an advertising notice. Mike Bosi indicated this is for only 12 months and will clean up the rest of the fill and restore the property back to the required state dictated by the LDC. The neighbors feel they have been impacted negatively and want the applicant to complete the original intent and d6sign of the original site and restore it so they can enjoy their neighborhood as they see fit. SPEAKERS 23 September 4, 2003 Neil Morales - Attorney for Homeowners in area - he would like the Commissioners to deny the petition. The Petitioner has not been respecting the law and is violating the trust of the homeowners and County itself. First major violation is the expiration of the conditional use permit in March 2001. At no time did they ask for an extension before the conditional use was expired. They did not talk to the homeowners about extending it. They continued to violate the law with LDC 35712 - setback requirements. He has misrepresented the 50 feet - it is only 30 feet. Second problem is the blasting issues. He read letters into the record from homeowners. (Letters were not provided) They stated damages due to blasting leaving cracks in the foundation and garages and sounding like., earthquakes. Trucks taking up the whole road were another issue along with the dust. Other violations were: no annual repons, no records of ground water monitoring, and not adhering to safety concerns. The informational meetings were very technical. The permitting issues are about trust. There is only one week's worth of blasting reported and are very sparse. Stan Chrzanowski - Planning Services - three years ago they set up a system With 800 excavations and noticed this conditional use expired and was turned into the planners in which they told the developer to come in. Two months ago Mr. Morales came in and told them the excavation was within 50 feet of the property. They shut it down because they went further than the excavation permit allowed. They said they would get a conditional use up to date and a mitigation plan. At this point they need to get the lake to conform to the excavation ordinance. If not approved, it will look like it does at this time. Ray Bellows - Planning - County has taken steps to monitor situations such as these. Hearing is closed for discussion and motion. Mr. Budd moved to foreword Petition CU-2003-AR-3954 to the Board of Zoning Appeals for recommendation of approval subject to the staffs stipulations (eight items listed) with correction of Item #8 that the starting hours of operation be 8 AM and not 9 AM. Discussion followed on future blasting and contacting the neighbors. If there is damage done to property, Mr. Neal said the neighbors should contact them so Insurance company can investigate. This was made part of the motion. Seconded by Mr. Richardson. Carried unanimously 8-0. PUDZ-02-AR-956 - Thomas E. Killen representing Naples Elks Lodge 2010, requesting a rezone from PUD to PUD for the Radio Square PUD, adding medical office as a permitted use, amending the landscape requirements, and providing for shared parking for 24 September 4, 2003 property located on the southwest corner or Radio road and Donna Street in Collier County FL, consisting of approx. 9.4 acres .... Ail those testifying were sworn in by Mr. Abernathy. Disclosures - none. Mr. Adelstein mentioned there are no signatures of all the owners, and if changes are made, without all owners consent he feels they would have a right to sue them. He doesn't feel they can go forward with the Petition. Marjorie Student - Assistant County Attorney - questioned Mr. Reischl about the signature situation. There were some changes that would affect the parcel that was not owned by the applicant. That situation has changed. She stated an example. She understands from staff that there were no changes, only affecting the parcel that is owned by the entity that Mr. Killen represents and there is no impact or changing on property that is owned by the applicant. Mr. Adelstein states they are giving the use of their parking spaces to the applicant, and a conditional use that has to be represented voice to do it. He is considering the ownership of the Elks Club. There are 11 owners. Mr. Reischl said the way he understood it is the only change is to parcel tract C; office condominium that fronts Radio Road, the landscape buffer, which was suppose to be 20 feet was reduced to 10 feet. The change was made in the PUD so what was physically on the ground is what the PUD reflected. The change is in wording and not what is actually there. The site plan was different than the PUD. Now they want the PUD match the as-built permitted condition of building "C". The Elks were directed to go forward with the petition by the County Attorneys office in order to correct it. Another change he missed was to reduce the building height from current 35' to 25'. They have no problem to change it back to 35'. The shared parking agreement is between Tract A and Tract B, owned by the same party. The PUD will now reflect what is built on the ground. Mr. Budd mentioned they do not need the signatures of the owners of Parcel "C" of which there are 11 - there are no substantial changes to the property and their rights are not being affected. There are corrections to reflect the as-built condition on the building height on the front yard buffer median. Tom Killen - Architect and Planner Naples Elks Lodge - their new building was over budget and Parcel "C" was sold off for income. When it was built, some things were missent including County Planning. PUD was not modified then because the Elks did not own the land and it possibly would be an Industrial Park. They have requested the following revisions for the Elks to complete their project: - Clean up so it is all legal. 25 September 4, 2003 - Landscape buffer revision between Tract A and C is presented at request of Count3/ Planning because delay in requiring a D-cell lane on Radio Road. Decision to alter the front & rear landscape buffer of Tract C and asked to modify to make buffers legal. Deletion of 80% opaque requirement of Tract A. Replace with standard 25 foot landscape buffer. - An additional sidewalk included. - Reciprocal parking covenant exists between Tracts A & C. (Shared parking) .. Showed a map of area and discussed parking on the various tracts. (Overage of 66 cars for office building use) If sold for another use, they would have to get a PUD Amendment. Mr. Schiffer noted he had a conversation with Tom Killen concerning the above issues. He was absent from the room when asked for disclosures. " He didn't feel there would be a problem for parking because of the arrangement. Staff finds it is consistent with Growth Management Plan and compatible with the neighborhood. Hearing is closed for discussion and motion. Mr. Schiffer moved to approve Petition PUDA-2001-AR-956 with staff conditions. Seconded and carried 7-1. Mr. Adelstein abstained because of a conflict of interest. 10. 11. 12. Old Business: Mr. Schiffer asked about the issue of Boathouses being in the 2nd Cycle which was promised to be in the 3rd Cycle. It will be brought up at the next meeting. New Business: - None Public Comment: - None Discussion of Addenda: - None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:30 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Kenneth Abernathy 26 16 September 4, 2003 27 oyle Coletta w_ l'/ Advisory Committee 2705 Horseshoe Ddve South Naples FL 34104 AGENDA FOR OCTOBER ~.2003 II. III. IV. V. VI. VII. VIII. IX. CALL MEETING TO ORDER ATTENDANCE APPROVAL OF AGENDA APPROVAL OF MINUTES: September 10, 2003 TRANSPORTATION SERVICES REPORT: A. Budget LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance OLD BUSINESS: a. Bridge 1. Kris Jains increase in Purchase Order b. Lights c. Collection of Insurance Fees d. MSTU - $25,000 (New Fiscal Year) e. Banners f. Effluent Service Line NEW BUSINESS: A. Code Enforcement PUBLIC COMMENTS: ADJOURNMENT The next meeting is Wednesday, 4:00 PM., November 12, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 September 10, 2003 III. Vice Chairman Maurice Gufierrez called the meeting to order at 4:10 PM. ATTENDANCE A. Members: Maurice Gutierrez, Tom Finn, Tom Welstead, Ed McCarthy (Excused), Bill Neal (Excused) B. Collier County: Bob Petersen- Project Manager/Landscape Operations, Para Lulich-Landscape Operations. C. Others: Sue Chapin-Manpower APPROVAL OF MINUTES: June 11, 2003 Tom Finn moved to approve the minutes of June 11, 2003. Second Tom Welstead. Carried unanimously 3-0. Tom Finn added 'Shabby homes on Bayshore" under New Business. Tom Welstead moved to approve the Agenda of Sept. 10, 2003. Second Tom Finn. Carried unanimously 3-0. IV. TRANSPORTATION SERVICES REPORT: A. Budget - Bob Petersen - the Budget is broken out into different categories and line items. (Attached) He asked the Committee if they liked getting the Budget with all expenses and Contractors expenses broken out. It can be simplified if they would rather go to the other type Budget sheets supplied by the new system "SAP". The Committee agreed with the format Bob supplied. The transfers have been carded forward. The estimated carry forward was $240,000 and received is $352,000 with the additional $112,000 that Mr. Neal and Mr. Gutierrez finally convinced the Budget Office belonged to the Committee. Next month the new Budget sheets will be prepared with the new figures for the new fiscal year. Bob asked Pam Lulich to address the Committee concerning the fences that Kit Sawyer wants to install on County property. He wants to fence the area between his building and the creek to stop transients from going down the bank. The MSTU has supported this in the past. Palms have been planted. Pam will work out a public partnership with him to use the space with him maintaining it. Being the MSTU has some control over the County area, they should be informed as to what is being proposed. Mr. Sawyer wanted the Committee to know he is purchasing the Motel next to his property and again with a Beautification agreement. He asked if the MSTU would be in support of this plan. Maurice stated he has done an excellent job. It is not a rundown establishment. Pam mentioned it is a Landscape agreement that the County enters into and one attachment will be a plan of where he wants to put the fence on County property and specs of where to mew and the changing of shrubs and flowers etc. He has been very understanding and patient and Bob feels the MSTU will benefit. Bob 1611 mentioned that the construction of the bddge may change things but Mr. Sawyer understood that. Mr. Finn stated the best of intentions may not always be carded out, and was concerned that the MSTU could get some type of assurance that when he did expand he will keep the landscaping upgraded to the established standards of the County. Bob felt that the CRA may be the organization that could force him to meet certain requirements of landscaping and proper buffering. Maudce mentioned he would not like to see it turn into boat racks facing Bayshore. Bob felt it would take some type of change from the CRA to allow that usage for the property. The "in and out" isn't the concern as much as the exploitation of the "in an out". Discussion followed on the stacking of boats, urban streetscape and dock space offered. Tom Welstead moved to accept the fence and all plantings for Sawyer Marina as long as they are in compliance with the Bayshore MSTU Beautification Committee and the existing agreement with the County. Seconded by Maurice Gutierrez. Carried unanimously 3-0. The Committee tabled any other action concerning Sawyer Madna until the October meeting. Bob stated that Mr. Neal wanted the Committee to start looking at other improvements that may be made off Bayshore Ddve. The $200,000 Grant is available and open-ended for the Committee to improve the MSTU area. Tom Welstead moved the Committee would like the Budget to remain as submitted in the past, with the itemized items. Seconded by Tom Finn. Carried unanimously 3-0. LANDSCAPE MAINTENANCE REPORT: Robert from Commercial Land Maintenance gave the following report: - Minor problems - Banner arms snapping off - Dirt in the planters on the bddge - trees in next week (Bob showed photos of the various trees, shrubs and vegetation that had been selected i.e. cat palms, vermilions, lignum vita, Blue tango etc.) - The grass is scalped Iow - there is a thatch build up problem Bob Petersen mentioned that Kds Jains, Engineer for the bddge, is requesting the Purchase Order be increased by $5,000 for engineering and services rendered during construction. The original PO was for $28,000 which included all the work on the bddge from the beginning. After much discussion the Committee decided to table for more details to be given at the October meeting. More discussion followed on the plantings for the Bddge, the planters and change orders for extra tile around the light boxes. VI. OLD BUSINESS: A. Status of Name Change - responsibility has been removed from the MSTU. The County Attorneys office determined the monies from the MSTU cannot be used for this purpose. B. Bridge - documents are in purchasing - which is behind at this time. VII. VIII. IX. C. Lights - Letter from Mr. Stedman - Bob could not get an answer from Mr. Stedman so Mr. Tipton, Collier County, did the lighting review on Bayshore. The results were given in an e-mail - which is attached. D. Collection of Insurance Fees - Para met with Risk Management. Some monies are going back into the MSTU's account. Receipts and invoices will be given to the Committee as they are collected. Follow through on the accidents need to be researched. E. MSTU - $25,000 - this was for last years fees and may be decreased because of the possibility of reducing Bob & Val's time by using an Operations Coordinator. F. Banners - Bob passed out several graphics from PSA Graphics of what can be put on the banners on each side of the Bridge on each end. (2 poles-4 Banners) Costs were given with the set-up and screen charges being $120.00 for 18"x48" totaling $540.00. Delivery in 2 weeks. Tom Finn moved to approve #3 "The Land of the Free" graphic for the Banners to be ordered. Seconded Tom Welstead. Carried unanimously 3-0. NEW BUSINESS: A. Effluent Service Line - no information from Val - will discuss next month. Informal discussion was held. B. Shabby Homes in Bayshore - Tom Finn brought up the subject of properties in Bayshore being rundown and property owners not upgrading them. Money has been collected and spent through the MSTU which has brought the area up considerably, and wondered what steps could be taken to identify the rundown properties and what can be done about notifying the owners. The question of minimum cedes was discussed. Bob Petersen mentioned there may be properties grandfathered in before some of the codes were in existence. The CRA could be contacted with these concerns. Another suggestion Bob mentioned with success is with Code Enforcement. The Committee would like to have someone from Code Enforcement at the October meeting to address these concerns and what can be done. If the members see a problem area, they can e-mail Bob and digital pictures can be taken. Sue Chapin noticed the Committee approved Notes from the June 11th meeting at which there was no quorum, but needed to approve the May 14th minutes. Maudce mentioned in reference to dredging - he spoke with Peter Hayden - Haldeman Creek is on track along with all the tributaries. The project should be finished in February. Tom Welstead moved to approve the May 14~, 2003 minutes. Seconded Tom Finn. Carried unanimously 3-0. PUBLIC COMMENTS: None Being no further business to come before the Committee it was adjoumed at 5:35 PM. The next meeting is Wednesday, 4:00 PM., October 8, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 1/ 11 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES FOR SEPTEMBER 10. 2003 III. VI. VII. Approval of Minutes: Tom Welstead moved to approve the May 14th, 2003 minutes. Tom Finn. Carried unanimously 3-0. Seconded by Approval of Agenda: Tom Finn added 'Shabby homes on Bayshore" under New Business. Tom Welstead moved to approve the Agenda of Sept. 10, 2003. Seconded by Tom Finn. Carded unanimously 3-0. Transportation Services Report: Bob Petersen infom~ed the Committee they have finally convinced the Budget Office that the $112,000 belongs in the MSTU Account. The Committee decided to stay with the format Bob Petersen has presented to them in the past to understand the Budget with the different line items and categories. Tom Welstead moved the Committee would like the Budget to remain es submitted in the past with the itemized items. Seconded by Tom Finn. Carded unanimously 3-0. Discussion followed on Sawyer Madna wanting to install plantings on County property. Pam Lulich will work out a public partnership with him to use the space with him maintaining it. Tom Welstead moved to accept the fence end all plantings for Sawyer Marina as long as they are in compliance with the Bayshore MSTU Beautification Committee end the existing agreement with the County. Seconded by Maurice Gufierrez. Carried unanimously 3-0. Old Business: F. Banners - the Committee decided on a patriotic banner for the Bridge. Tom Finn moved to approve #3 "The Land of the Free" graphic for the Banners to be order. Seconded Tom Welstead. Carded unanimously 3-0. New Business: B. Shabby homes in Bayshore area - the committee discussed the concems of rundown properties in the Bayshore area and will invite Code Enforcement to the October meeting to address their concerns and what can be done. ,.,.o,_, 1611 From: Sent: To: Cc: Subject: flaDg_.d Tuesday, August 19, 2003 12:34 AM Bill Neal (E-mail) tipton_b FW: Bayshore Lighting Survey Mr. Neal, Mr. Bob Tipton has completed the lighting review on Bayshore Drive as requested, rve attached it for your review. By copy of this email I will ask Bob to follow-up with you to answer any questions you may have. .... -Original Message ..... From: tiptcm_b Sent: Monday, August 18, 2003 6:04 PM To: flagg_d Cc: Miller_,]ohn; Petersen_b Subject: Bayshore Lighting Survey We have completed our lighting survey along Bayshore drive and can provide the data to anyone who might be interested in it. When lighting is provided on roadways there are two main considerations: the minimum amount of light at any point on the roadway (measured in foot-candles), and the uniformity of the lighting at points on the roadway. For Urban/intermediate areas, such as the north half of Bayshore, the minimum lighting is generally recommended to be at least 0.9 fc and the uniformity is recommended to be 3:1 to 4:1. In residential areas, such as the south half of Bayshore, the recommendation is for a minimum of 0.6 fc with a 6:1 ratio. Our readings were taken with no moon at eight locations within the bike lanes or in intersections on Bayshore, first with all lighting on, and then with just the decorative sidewalk lighting. Our first readings were within acceptable parameters (or very close) at all locations with acceptable uniformity. Our second readings, without the roadway lighting, ware often 0.00 fc. Even directly under the sidewalk lighting the light on the roadway did not meet recommended levels. There was no uniformity, with levels ranging from 0.8 to 0.00 within a few feet. The result of this survey shows that the level of light provided by the decorative sidewalk lighting is not sufficient or uniform enough to provide safe, adequate lighting on the roadway for bicyclists in the bike lane or pedestrians in the intersections. The lack of uniformity creates shadows and greatly hinders the ability of motorists to distinguish objects or people. It is our recommendation that the only way that the existing roadway lighting shoutd be removed is if it is replaced with a lighting system that produces an equivalent lighting effect. We would not be opposed to a type of decorative roadway lighting pole, perhaps similar to these used on US 41 between Davis and Airport Road, which would provide the needed lighting and would also match and compliment the existing sidewalk lighting. ~bbbbhbbb W5 ~b 00~0000000000 0000 16 ITl Z C~ ITl ITl / / Fiala ~'J -- , Halas ~ ~1 ' :" ~"'"' '"' '"' Henning ~ ! ., r,. ~ ~ . Coyle;]~i61T bZ Co lli o vern m en t - Commun[cation and Customer Relations Contact: Sandra Arnold 3301 East Tamiami Trail Naples, FL 34112 239-774-8999 Public Information CoordJnatb'i;'' (239) 774-8308 ~"' Sept. 26, 2003 BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD TUESDAY, OCT. 7, 6 p.m. Community Development and Environmental Services 2800 North Horseshoe Drive Conference Room E 1, Roll Call 2. Adoption of Agenda 3. Minutes from September 2, 2003 Meeting 4. Announcements a. NewAdvfsory Board Members 5. Old Business a. Art Festival - Subcommittee Chairman - Bruce Babbitt b. Stormwater c. Davis Boulevard Street Lighting d. Comprehensive Zoning Overlay Plan Update e. Site Improvement Grants f. Two CRA Boards Update/Make-Up of CRA Board g. Open Forum: Development Activity within the CRA District 6. New Business a. CRA Board Meeting November 1,4, 2003 b. Executive Director (vote) i. Increase funding for Redevelopment position ii, Job Description iii. County Employee? iv. Location of the Employee c. Eminent Domain Discussion d. Florida Redevelopment Association Membership Fee (vote) 7. Citizen Comments ~:'?'~::S ]'0: Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Adminfstration Building) end on the CRA website. Please call Aaron Blair, Urban Design Planner, at (239) 403-2321 If you have any questions about the meeting. If you are a person with a disability who needs any accommodation In order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiarni Trail, Naples, Florida, 34112, (239) 774-8380; assiste~l listening devices for the hearing Impaired are available in the County Commissioners' Office. 03/06 1611 . Go f Estates Beaut, fication Ad ory omm,' e M/nutes- Meet, g of Sep mber 11, 2003 MEETING called to order at 4:03 pm. LOCATION: TOATM Conference Room. m w ATTENDANCE: Present - Bill Erickson, Robert Cole, Tony Branco and Bob Slebodnik, members; Pam Lulich, Bob Petersen and Val Prince, Traffic Operations & Alternative Transportation Modes (TOATM); Mike McGee, McGee & Associates; Robert Kindelan, Commercial Land Maintenance; Jacqueline Silano, recording secretary. Excused Absence: Ron Torp, member. MINUTES OF AUGUST 14TM MEETING: Clarification of 5A - The reference to "Home of" should be "Home oF and/or "Royal Palm Country Club. Bob Cole moved to accept the minutes as amended; seconded by Bill Erickson and carried unanimously. MINUTES OF AUGUST 21sT MEETING: Bob Cole moved to accept the minutes as presented; seconded by Tony Branco ad carried unanimously. LANDSCAPE MAINTENANCE CONTRACTOR'S REPORT Robert Kindelan advised that the scheduled fertilization would take place this month. Apparently the water plant was down today as there was very Iow pressure. Until the plant comes back on line, they have switched to city water. Pictures of the damage to the median tips by Miller Pipeline were passed around. Apparently they are driving their trucks up onto the medians. Bob Slebodnik spoke with one of the workers so they are aware that they will be charged for the damage. Pam Lulich noted that an accident report with the photos would be processed through Risk Management. Mr. Kindelan advised that there would be a new contractor servicing th.~ project effective October 1st. Mike McGee recommended that both maintenance contractors meet on.site with him and Val to review the procedures. TOATM REPORT Val Prince reviewed the bids that were received from Green Heron Landscaping, J P Lawn Care, Advanced Lawn & Landscaping, and Commercial Lawn Maintenance, the current contractor. The lowest qualified bidder was Green Heron at $42,495.50, who won the bid. Bill Erickson moved to accept the contract as presented; seconded by Bob Cole and carried unanimously. The contract is for one year with three one- year renewals. An executive summary will be prepared and submitted to the BCC for approval. Bob Slebodnik praised Commercial Lawn Maintenance for their outstanding service and communication. Golf Estates Beaut, fication Ad~ory Commit~e M,'nu~- Meet,~g of Sep~mber 11, 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS MINUTES OF AUGUST 14TM MEETING: Clarification of 5A - The reference to "Home of" should be "Home of" and/or "Royal Palm Country Club. Bob Cole moved to accept the minutes as amended; seconded by Bill Erickson and carried unanimously. MINUTES OF AUGUST 21s~r MEETING: Bob Cole moved to accept the minutes as presented; seconded by Tony Branco ad carried unanimously. 6. TOATM REPORT A. Val Prince reviewed the bids that were received from Green Heron Landscaping, J P Lawn Care, Advanced Lawn & Landscaping, and Commercial Lawn Maintenance, the current contractor. 'The lowest qualified bidder was Green Heron at $42,495.50, who won the bid. Bill Erickson moved to accept the contract as presented; seconded by Bob Cole and carried unanimously. The contract is for one year with three one-year renewals. An executive summary will be prepared and submitted to the BCC for approval. Fiala r/ Halas ~.~ , Henning_ ~ Coyle Coletta L~ly Golf ~aut,~t,'on Ad~ry ~mm,'t~ Agenda- Oc~ber 16, 2003 10. 11. 12. Meeting called to order Roll Call Approval of Minutes - Meeting of September 11, 2003 Landscape Maintenance Report Landscape Architect's Report - Mike McGee Transportation Operations Report- Val Prince, Robert Petersen A. Current budget Housekeeping Items Committee Members' Reports Old Business New Business Public Comments Adjournment ~xt Mee~g.. ~ember 20, 2003 @ 4..oO p. m., Transp,re~'on Confer, nee Room 10. Val Prince distributed copies of the budget, which was rewewec~. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee advised the group of minor trimming that needs to be done. He noted that the Pentas on St. Andrews would be installed when the cooler weather arrives. HOUSEKEEPING ITEMS Mr. Slebodnik distributed copies of the agenda he prepared for his meeting on September 4th with the representatives from the shopping centers, Buena Vida, and the Presbyterian Church. Hopefully they will pay for their portion of the St. Andrews renovation project. The estimated cost for improvements to their property is $16,000. COMMITTEE MEMBERS' REPORTS Bob Slebodnik reported that Ron Torp met with Mike McGee on September 9th to discuss planting materials for the U.S. 41 project. Bob Petersen noted that the heartier bush Alamanda and narrow-trunked Alexander palms would be used. B. Bill Erickson distributed copies of his three-year projection, which he based on a 10% increase of the ad valorum taxes. He estimated a shortfall of $63,604. A brief discussion ensued. He will be meeting with Val Prince next week and will revise his figures. OLD BUSINESS A. Val Prince is expecting a return e-mail from Gloria Herrera regarding the water bills that were in question. He hopes to have the information for the next meeting. Bob Petersen met with Cole Enforcement and Permitting and advised that "Home of" and/or cannot be used on the new signage. There are other options available to the Royal Palm Country Club. It was noted that Mr. Chism is has a contract with Lykins Signtek for the Rattlesnake Hammock entrance signs. Tony Branco distributed pictures of other upscale communities and none of them include the wording "deed restricted community." Thi.'- wording was added later to the sign by unknown persons. The committee agreed that if the Lely Civic Association does not pay for the signs then more money would be borrowed to cover the cost. As there was no further business to discuss, Bill Erickson moved to adjourn at 5:50 p.m.; seconded by Tony Branco and carried unanimously. The next scheduled meeting will be on October 16th at 4:00 p.m. in the TOATM conference room on Horseshoe Drive. Le y Bea. at, n Comm,'ttn. e 2 Septemh,.r 11, 2003 Fiala Halas Hennin Coyle Coletta o' moranclurn To: Sue Filson, Administrative Assistant Board of County Commissioners From: ~ T. oni~A. Mott, Supervisor ~~ Estate Services Date: September 26 2003 Subject: Golden Gate Estates Land Trust Committee Meeting Minutes Sue, please find attached a copy of the "approved" minutes from the jUiy 21,2003 Golden Gate Estates Land Trust Committee Meeting. Thank you. Attachment as stated Misc, Cortes: Date: ~ Copies 'fo: Real Property Management Department MONDAY, JULY 21, 2003 FIRE STATION #71 - GOLDEN GATE BOULEVARD Charles ("Skip") VanGelder Linda Hartman Stephen Greenberg Karen Acquard Vacant Marla Ramsey Art Dobberstein Victor Hill Toni Mott Linda Sujevich -Chairman -Member -Vice-Chairman (absent) -Member -Member -Parks & Recreation Director -Educational Facilities Planner, School Board -Golden Gate Fire Public Information Officer -Supervisor, Real Estate Services -Administrative Secretary, Real Estate Services DISTRIBUTION: GAC Financial Revenue/Expense Report 'Press Release', July 11, 2003 C.E.R.T. pamphlet I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:03 P.M. II. APPROVAL OF MINUTES - MAY 19, 2003. Karen advised that a correction to the minutes was required as Stephen Greenberg was marked absent incorrectly for the May 19th meeting and was actually present. Linda made a motion to approve the minutes as amended. Karen seconded the motion. Skip said with no further discussion, the motion was carried. All in favor. III. APPROVAL OF TREASURER'S REPORT The Treasurer's Report is finally submitted and easily understood. Toni said the Ending Cash Balance is $827,540.60 and the Available Cash Balance is $822,742.15. Toni explained to Skip that Pooled Cash meant cash plus interest, GAC Inventory is the Reserve property plus property available for sale. Deferred Revenues is the inventory. Skip asked if there were any further discussion on the Treasurer's Report. Karen made a motion to accept the report and Linda seconded the motion. All in favor. IV. MEMBER VACANCY There were two Press Releases dated June 20, 2003 and July 11, 2003 advertising member vacancy. There has been no response. V. REQUEST FOR FUNDS FROM SCHOOL BOARD-Sabal Palm Elementary (follow-up) Art Dobberstein, Planner with the Collier County School District, distributed a copy of his memo to the committee members that had previously been provided answering the questions the committee had from last meeting regarding playground equipment and sunscreens for Sabal Palm Elementary School. The primary question was accessibility. Art asked Marla Ramsey, Parks and Recreation Director, to help explain the areas to be accessible and Art also brought a site plan showing the openings. Art pointed out the areas, i.e., playground, basketball courts, baseball fields and soccer fields are accessible on the weekends. Marla stated these are called area parks because they will be available on the weekends, and after hours. Art pointed out there will be restroom facilities available. Karen stated she has heard complaints that the restroom has been locked at other locations. Marla is working that out with the custodian to leave the restroom unlocked after hours. There was concern about Corkscrew School Area Park not having access after hours. Marla stated if you go to the second entrance just beyond the soccer field, the gate is left open 24-7, which provides access into the playgrounds. There was a question on lighting at the playgrounds. There is lighting over the soccer, baseball fields and basketball courts but not over the playground area. Marla stated all County park playgrounds are lighted after dark, but not neighborhood parks or school area parks. Art asked if all the questions were answered and Skip said they were all answered. Karen had a question regarding the taxes on the invoices. GameTime invoice and O-A-K/Florida, Inc. invoice had taxes included in the total. The school board is exempt from taxes. Art will have the invoices re- checked. Karen also asked Art if the School Board had another means for paying for the equipment and sunscreens. Art stated that there are funds currently budgeted to pay for the playground equipment and sunscreens, however, since the GAC Land Trust was created to provide funding assistance for the Golden Gate Estates area, they are requesting funds to pay these expenditures, which would enable them to reallocate the budgeted funds for another project. Art said he was previously instructed by the committee members that they weren't in favor of assisting the School Board with buying land, but preferred to buy specialty type items, such as playground equipment, so this what the school has requested. Skip entertained a motion that we recommend to the BCC that the GAC Land Trust committee accept the School Board's request for the $104,909.27 less taxes that have been charged on the invoices to help purchase the playground equipment and sunscreens. Linda seconded the motion. Skip asked if there is any discussion. Linda asked Skip what is his reasoning for supporting the School Board's request. Skip said he feels it is a good opportunity to get a park available for the residents in that area. Skip does not see any reason to be sitting on the Land Trust money, as there is almost a million dollars available and he thinks it is the best use of the money. Linda would like some lighting in the playground area. Skip suggested requesting the School Board pay for the necessary lighting. Linda thinks it is a safety issue for the children if there is no lighting in the playground area. Linda asked Art if the School Board would pay for the lighting. Art is unable to answer for the school district and asked Marla if she had any funds available to light the area and Marla said that all funds have already been allocated and there is no excess to pay for lighting. Skip called for a vote and Karen and Linda were opposed. The motion was defeated. The committee members were in agreement that there is a serious concern regarding the children after dark in the playground area. The consensus of the committee members was that lighting needs to be provided for the playground area. Skip, again, asked Art if the School Board could provide the lighting. Art will obtain another estimate for lighting just for the playgrounds and send a memo to Toni. Marla said the County would pay for the electricity. Art stated after the discussion, he is of the belief that the money will be available if lighting will be provided. Art said he will be attend the next meeting. LETTER FROM MR. JOE RANGEL REQUESTING REMOVAL OF PROPERTIES FROM THE RESERVED LIST A request from Joe Rangel had been received to remove 2 parcels from the reserved list. The parcels are described as follows: Unit 78, Tract 137, folio number 40750720001, 6.83 acres, assessed at $38,112 and Unit 78, Tract 136, folio number 40750680002, 4.64 acres, assessed at $25,892. Toni said the parcels are located on 8th Avenue NE off Everglades Blvd. The GAC Land Trust Committee members were in agreement that they are not ready to release any land from the Reserved List at this time. Toni was directed to send a letter to Mr. Rangel advising him of the committee's decision. Karen made a motion not to release land from the Reserved List. Linda seconded the motion. All in favor not to release land from the Reserved List. VII. CONSERVATION COLLIER (follow-up) Toni stated that Chuck Carfington, Manager, of Real Estate Services, is involved with Conservation Collier since our department will be responsible for acquiring the lands. The criteria is five acres minimum for purchase. Toni said that the remaining non-buildable parcels range in size from 1.14 acres to 1.59 acres and are located sporadically throughout the estates area with nothing contiguous to assemble a larger tract. Conservation Collier does not have a great deal of resources at the present time to look into the smaller parcels. Toni informed the committee members that once our department becomes actively involved, after October 1st, we will have better handle to see how it goes. VII. PUBLIC COMMENT/OTHER DISCUSSION Victor Hill, Golden Gate Fire Public Information Officer, introduced himself to the committee. He would like to be on the next agenda to make a formal presentation requesting money from the land Trust. He was hired by the fire district because the area is growing rapidly and Officer Hill visits the schools educating the students on C.E.R.T., (Community Emergency Response Teams) and the like. Mr. Hill deals with the press at emergency sites when the media shows up. Mr. Hill educates the public by coordinating all the educational activities for children's event or for any organization. The fire district has a new web site www.ggfire, com that you can visit and the public can read all about the activities taking place. Mr. Hill and Chief Peterson are looking at a couple of projects to present to the committee for the next meeting. There are over 5,000 elementary students who need to be educated on fire and this is their goal. Mr. Hill would not tell the committee, at this time, what they are requesting. IX. Next Proposed Meeting Date - Monday, September 22, 2003 (7:00 p.m.). We will meet at Fire Station 71. All in favor. X. ADJOURNMENT No other discussion. Skip requested a motion to adjourn the meeting at 7:45 p.m. Linda made the motion to adjourn the meeting. Karen seconded the motion. All in favor COLLIER COUNIT GOVERNMENT Fiala Halas 1//' ~/ Henning ~'( Coyle ,, . Coletta ~' Pelican Bay Services Division 801 LaUrel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-4502 J / NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 1,2003 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of the Minutes of the September 4, 2003 Regular Meeting 3. Public Participation 4. Chairman's Comments Meeting with Commissioner HaMs Foundation Board Meeting 5. Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrographic Report Budget Sub-committee Management Reporting Budget Planning 6. Administrator's Report Capital Projects U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repairs 7. Committee Requests Consideration of Board rule for reconsideration of items previously adopted - Glen Harrell 8. Financial Statement Review 9. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE~'::~;) 597-1,749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING.~:;~i:~: ~_~o~~_ y. MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING September 4, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, September 4, 2003 at 2:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Carroll (Chairman) Mr. Glen Harrell (Vice Chairman) Mr. M. James Burke Mr. John Domenie Mr. John laizzo Mr. David Nordhoff Mr. David Roellig (Absent) Mr. Donald Spanier (absent) Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Thirteen (13) Pelican Bay residents; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 2. 3. 4. 5. o Roll Call Approval of the Minutes of the July 2, 2003 Regular Meeting Public Participation Chairman's Comments Sub-committee Reports Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrographic Report Interior Channels Budget Sub-committee Management Reporting Budget Planning Administrator's Report Capital Projects U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repairs Fiscal Year 2004 Budget Committee Requests Financial Statement Review Adjourn ROLL CALL Mrs. Smith asked that the Record reflect all members present with the exception of Messrs. David Roellig and Donald Spanier with excused absences. APPROVAL OF THE MINUTES FOR THE JULY 2~ 2003 REGULAR MEETIN~ 5304 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 PUBLIC PARTICIPATION Mr. Baron Herman - The Pointe II - "1 would like to talk about the security that I have read about in the Pelican Bay Post". Mr. Carroll stated, "1 would like to stop you there because that is going to be discussed as part of our Agenda today". What I would like to do is cover it as part of our Agenda and invite your participation at that time. Mr. Lennart Carlson - Montenaro - "My wife and I have been residents of Pelican Bay for approximately sixteen years". My purpose in being here today is to talk about a problem that is associated with Pelican Bay and our own interest as a resident of the Montenaro. I read with interest the Pelican Bay Services Division Mission Statement. The Mission Statement says that the purpose of the Division is to preserve and enhance landowner value and resident quality of life by promptly and efficiently providing services, which answer the needs of the community within Pelican Bay. This Mission Statement appears in the August issue of the Pelican Bay Advisor. Mr. Carroll and Mr. Ward further elaborate this statement when they wrote and expressed their views in the Advisor, which were similar to the views in the Mission Statement. You will notice if you have had a chance to read the Pelican Bay Post, it talks about many things in Pelican Bay, one of which are the improvements in the median along U.S. 41. My problem is that work is being done out on U.S. 41, but we have another problem in Pelican Bay that I think is much more severe and is very, very ugly. I am speaking about the swamp, which is on the west side of the berm and runs from the North Tram Station all the way down to the St. Marissa. We have spent a lot of money on the U.S. 41 median landscaping and I think this Board should again look at the problem I am discussing and see what can be done to improve this situation. On Page 18 of the Pelican Bay Post there is an article by a gentleman who I believe is an engineer, who points out that the project as a very ugly sight. This gentleman makes a recommendation through the article on what should be done to alleviate this problem. I would hope that you all take the opportunity to read the article because it is very sad that we have allowed that area to deteriorate for two years. Not a single thing has 5305 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 16 been done in two years to improve this ugly swamp area west of the berm. I wish you would consider this area again and put it on the top of your agenda. It is something that is long overdue. Mr. Carroll replied, 'q'hat item is not on our agenda today". Mr. Werner stated, '~,Ve have been going trough the efforts of trying to stop the destruction of the mangroves for the past eight to nine years". What we have been told is that the experts felt the mangroves were dying due to too much water being retained in the system in certain areas. At that time there were as many people disturbed about the mangroves dying as there are now about the swamp area. We dug some channels with the idea of allowing water to flow out of the system and keep Clam Pass viable which allows the tides to flow back and forth and drain the water. We thought the saltwater would come back into that area and immediately kill the cattails, but saltwater did not come into the system. We even tried other efforts of spraying saltwater to kill the cattails and to replant the area with something nice. Unfortunately nothing was successful and we could not control the cattails. The cattails grew back, we removed them, they grew back and then Mother Nature decided that she was going to put saltwater into the area and start killing them again. I wish it were as simple as Mr. Roby's article. I know him, I respect him and I read his notes. It must have taken us three or four years of working with a government agency just to get the permits to do what we have done in the Clam Bay area. When you deal with a government agency, it just takes time. As far as where we are headed I can't tell you right now, we are still discussing it with our experts. We do not know where we are going to go from here. Mr. Carroll stated, 'q'his is not a Iow priority item". We have been working on this issue for some years, so you should not think that we are not paying a lot of attention to it. I know you don't like the looks of it and I don't either, but our consultants have advised us that we are on a path to correct it. We are all unhappy with the timetable, but it did take us six years to get the dying mangroves turned around and our consultants have indicated that we are on the same kind of timetable with this issue, which does not make us very happy. I would encourage you to go the next Clam Bay Sub-committee Meeting where you can hear the experts and the consultants discuss that issue. Mr. Sutphin stated, "1 watched a movie last night and theme of the moving was "doing the right thing". One actor says it is difficult to do the right thing and another one says once you know what the right thing is, it is not difficult at all. Our problem with the cattail area and mangroves has been knowing 5306 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 what the right thing to do is. The gentleman used the U.S. 41 berm as an example. That was very simple, there was a job to be done, it took "x" dollars and the money got spent and it is done. If money would solve the mangrove and the cattail problem, it would have been solved long ago because millions of dollars have been spent. I am not confident in the science involved in that project, but I have heard many, many different views of how to solve the problem and none of them have worked. This issue is not for lack of caring or for lack of money. Mr. Carlson replied, "1 just hope that this Board will review this situation and move it to the top of your agenda". You say you have problems and don't know how to solve them, but that is the reason you are sitting here as a Board. You should try to solve it and not just keep providing us the same answers we have been getting for two years. Mr. Carroll replied, '~Ve have been trying to solve it". Mr. Carlson replied, "Yes, but nothing has been done". Mr. Carroll responded, "Yes, something has been done, it just hasn't worked". Mr. Domenie stated, '~/e do have the Clam Bay Sub-committee and I would recommend that you attend those meetings". If anybody has a solution we would be more than happy to work on it, but environmentalists and scientists who are meant to know more than we do guide us. Some of the recommendations that were written in the article came out of the June 25th Clam Bay Sub-committee Meeting. Ms. Libby Bramson - Carlton Place - "Earlier this week I was reading the Naples Daily News and thero was a lengthy article about the proposed expansion of Waterside Shops". It appears, based on what I read in the article, that the County is trying to link approval of the expansion to increased public access to the Pelican Bay beaches. Since this group is affiliated with the County, I as a citizen of this community, would like some clarification of what is going on. I think the people are entitled to know. Mr. Carroll stated, "That is on our agenda and we will be discussing that item almost immediately". CHAIRMAN'S COMMENTS BEACH ACCESS 5307 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Carroll stated, "1 believe, as many of you do, beach access is a serious issue". We all have concerns and are aware of the fact that the County appears to be linking beach access and the Waterside expansion together and we would like very much to not have that happen. There is a meeting scheduled for September 18, 2003. Mr. Harrell attended the last meeting expecting to have the item discussed at the Planning Commission Meeting and the County asked for a continuance. We will attend the September 18 meeting in an attempt to support Mr. Harrell in his quest for approval. If the County continues to link these projects together we have a new and difficult issue. At the last meeting, the Planning Commission did refer to the garage issue, in which the County and WCI are involved in a lawsuit, more than beach access. At that meeting the focus was on the garage and not beach access, but it was not reassuring at all. My feeling is that this Board does need a strategy to deal with this issue. The Foundation has developed their strategy, which is basically taking a strong legal approach to defending our access. What we are trying to do is to see if we can work with the County on trying to move this in the direction that we want it to move. At the moment we do not know what the County's goal is or how they are approaching it. What Mr. Ward and I have decided is that we are going to talk to a couple of key people next week about this issue. One person we will talk with is Mr. Dunnuck, who appears to be the point man on this issue. Mr. Dunnuck is the head of the Parks and Recreation Committee. Mr. Dunnuck appeared on television about a week ago, where he described their goal to obtain more access to the beaches. We need to know what form that takes, so we are going to talk to Mr. Dunnuck and Commissioner Halas to see if we can get more direction. When we get a little direction as to what they are going to do, I want to appoint a Sub-committee of our Board to work specifically on this issue because I think it is the most important issue that we have. I will leave it that Mr. Ward and I will collect some information next week and see if we can get some direction. The thing that is going to happen between now and our next Regular Meeting is the September 18th meeting. Mr. Harrell stated, "September 18th is the Collier County Planning Commission Meeting". The PUD Amendment was scheduled to appear on the August 20t~ Agenda, but it was pulled from the Agenda by the County Attorney for the one issue of beach access. That meeting was rescheduled, without notice to the public, to discuss beach access as one of the situations in Pelican Bay. Mr. Staros asked, '~/hat is the time of the meeting"? 5308 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Harrell replied, "It is an 8:30 AM-5:00 PM meeting". We are on the Agenda for the Board of County Commissioners on September 23rd, where the recommendation of the Collier County Planning Council will be made. The issue of beach access throughout the County will be reported back to the Commissioners at that meeting, per their direction from a couple of months ago. Mr. Werner asked, "Is this the first you have heard about the County trying to link your PUD Amendment with increasing the size of the parking garage"? Mr. Harrell replied, "Absolutely". We filed our application in April and when you file an Amendment, you have to provide twenty-five applications approximately eight inches thick, which they then distribute throughout the various County departments. At the Pre-application Meeting it was indicated that they would not need Parks and Recreation to be involved in this issue. They ignored Parks and Recreation until the day before the August 20th Planning Council Meeting when the County Attorney realized that the PUD was about to be amended and Parks and Recreation strenuously rejected. At that time the item was pulled from the agenda. Again, we asked the County Attorney, are you going to send out 8,000 notices to the residents of Pelican Bay to tell them that beach access is now an issue with the rezoning of the shopping center's square footage and they said no. We asked if they were going to re- notice the signs on U.S. 41 and put in the new meeting date meeting and they said they were not. When asked why, they indicated that if someone cared they would have attended the August 20th meeting and heard that the meeting had been changed. The speculation is that they want to look at the parking garage at the Vanderbilt area and the land that they own at the south end by the Registry Resort. That issue has not been officially known, but it is a deed restriction issue and has nothing to do with the PUD. Are they looking at other issues? I am sure Parks and Recreation are turning over every stone that they can to see if there is a way to get the public on the beaches, how do you park them and how you get them through or around the mangroves to the beaches. Mr. laizzo stated, "It appears the County is putting the squeeze on the Waterside Shops when they have no control over that garage". It is strictly up to WCI and the Ritz, but in the effort to get that garage expanded they are squeezing you for a play. Mr. Harrell stated, "It is not an unknown fact that Waterside is paying WCI for these expansion rights". The tactic is to make WCI give in because they won't get paid if they don't give in. Our attorney's 53O9 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 don't believe it is the same issue either, but apparently the County feels beach access and rezoning of the PUD is something they can link together. Mr. Carroll stated, "Following up on that I would like to write a letter in support of this expansion". I have asked Mr. Ward to check with the County Attorney to see if I could get your support for this letter and then sign it as the Chairman of the Pelican Bay Services Division Board". Mr. Ward has not been able to talk to Mr. Weigel for his approval. I would like to read it to get your reaction and if we get a positive feedback from the County Attorney, I can then sign it indicating our support. If not, I will send it over my own signature and any one of you might want to be able to do the same thing. This letter is directed to the Collier County Planning Commission members of which there are nine (9) and to also let the five Commissioners know of our interest in supporting this issue. Any help we can get from you is needed. The letter reads as follows: "1 am writing to you to encourage you to approve the request to expand the Waterside Shops at the Southeast corner of Pelican Bay. This very fine shopping complex appeals to people all over the area and is greatly in need of a major new department store to replace Jacobsons, which was so popular. However, department stores of the kind we want insist on about twice as much square footage as Jacobsons occupied therefore the great need for approval of this expansion. The Waterside Shops complex has been a very successful enterprise however it has been riving with 60,000 square feet of vacant space for over a year and must be able to fill this vacancy and at the same time increase its image and attractiveness to the people in the Northwest part of the County. Everyone I talk to in Pelican Bay is very much in favor of this expansion. They look forward to again being attracted to Waterside to do their department store shopping and seeing this vacant space viable again. We who rive here in Pelican Bay are also anxious to see Waterside prosperous. It is an important part of Pelican Bay and contributes significantly to our overall image and thus our property values. Our ties with the County are strong because our Pelican Bay Services Division is closely linked to the County. The Services Division has approximately twenty- two (22) County employees who service this community in many ways. The Services Division interaction with Waterside management has always been cordial and together we keep the Southeast corner of Pelican Bay attractive and safe. Thank you for your thoughtful consideration of this request. Mr. Sutphin moved, seconded by Mr. Staros and approved on a vote of 7/0 that subject to County Attorney approval, that the Pelican Bay Services Division Board endorse the Waterside Shop expansion I support letter and authorize the Chairman's signature as appropriate. Mr. Harrell abstained from voting on the issue due to a conflict of issue. 5310 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Werner stated, "1 support your letter, but I believe it is much more effective if you were to do it individually". If you have been to one of these hearings they read something like, there are thirty-six (36) letters for and four (4) against the issue. I believe it is volume that works. Mr. Ward stated, 'q'hat is true". Mr. Carroll stated, "1 will send the letter under signature of the Board, but would encourage you all to send individual letters". Mr. Sutphin asked, "Mr. Ward, can you provide a list of the names of the people that you would suggest that we write to"? Mr. Ward replied, "Yes, I have it here". Mr. Carroll stated, "There are two (2) Planning Commission members listed for each district". Is that the way this Commission is organized? Mr. Ward replied, "Yes that is the way they are organized". Mr. Sutphin asked, "Does e-mail work as well as hard letters or do they weigh what they get"? Mr. Ward replied, 'q'hey weigh in total what they get, so e-mails are as effective as a regular piece of mail". Mr. Carroll stated, "A copy of these addresses needs to be made available to all of the Pelican Bay Services Division Board members". Mr. Domenie asked, "Do you know the position of the Pelican Bay Property Owner's Association and the Pelican Bay Foundation on this issue"? Should they be encouraging their members to write also? Mr. Carroll replied, "1 do not know". Mr. Kinney was at the last meeting, but I don't know that their Board has taken any action on the issue". Mr. Harrell stated, "Both Board's have written a similar letter, but I don't know if they have asked their members to write". Mr. Carroll stated, "Any kind of support, in volume, is important". Mr. Lou Vlasho - 6790 Pelican Bay Boulevard -"The primary purpose of my being here today is because of beach access". I am a bit more concerned than I hear from around the table. I think we can idly go by and say this will all take care of itself and they can't do this or they can't do that, but I have had several phone calls on this matter. This is the first issue on Pelican Bay on which I have had phone calls. 5311 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 16IF The fact of the matter is that the County has a problem. There is only so much beach and only so many places where people can get to the beach. You can say that was not part of the deal and they can't do this and can't do that, but if you start at Seagate and go north to the County line, there are not many places for them to go. Unfortunately, Pelican Bay's three miles are a prime target. Mr. Vlasho continued, "1 think you should take a different approach". The Foundation has people picking at this Board, the Pelican Bay Property Owners are picking at this Board, the Pelican Bay Property Owners are picking at the Foundation Board and your own members, who after considerable debate, have chosen to write letters contra to what the Board has decided to do. Everyone is allowed to speak their piece, but the discussion should be held here and sometimes you win, sometimes you lose. The majority rules and that is why you were elected to the Board. When we had the Ordinance changed to get more control, I would like to see those 1,000 people now energized on beach access, which is a much more important issue than trying to overturn the Ordinance that was passed. We tried and had a whole list of things that would be transferred to Pelican Bay that we would control. One of the key items was roads and my notes show that was completed and they would not be turned over. The other key item of mangroves was still up for discussion. I think we missed the boat on that Amendment. Some people looked to the future and the future is here now on this access issue. Who knows if we would have ever gotten control of the mangroves? If we would have, this beach access issue would be mute. Mr. Vlasho stated, "1 believe you need to energize the leadership of Pelican Bay and quit squabbling against each other". The Pelican Bay Post is not the Editorial Page of the Naples Daily News. If a resident that didn't live in Pelican Bay got a copy of the Pelican Bay Post they would say what a mess that is, these people are always bickering with each other and why would I want to live there? You now have an issue and you ought to go on the offensive and not wait. I had a discussion with Mr. Harrell and am trying to figure out how to help him without hurting Pelican Bay. If you write a letter like you want to write and say this is a good thing, they could crack the door and say if that is a good thing, what about this or that. A couple of months ago someone provided me letters about the discussion on who owns the berm. Now you have the County Attorney looking at who owns the berm. What happens if he comes back and says, in my opinion the County owns the berm? If that happens, then this beach access issue would become entirely different. I am trying to paint as negative a picture as possible, but people have been 5312 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 calling me, when I have been out of this whole discussion for six months, because they don't have any place else to go. I would encourage you not to form a Sub-committee, but talk to the other leadership organizations in Pelican Bay and get them energized. No one knows what is in the report that will be coming out on September 23r~. Some of the things I have heard are yes, it will be easy to go through the mangroves and access the property that they own along the beach and we can do that. Where are you going to park the cars? We will park them at Waterside when they are not in use and we will take them over by trolley. People are thinking all kinds of things and maybe they buy a piece of property. I would be surprised if they don't come up with ideas that we have not thought about. Mr. Vlasho continued, "1 have agreed to be on the Foundation Committee that is looking at land acquisition for expanding our facilities, but I am not so sure there is much available that the County does not own". People forget that the Pelican Bay Services Division is a part of Collier County, so whatever you control the Commissioner's control much more than you do. Even though I have had no personal dealings with him, we now do not have a Pelican Bay Commissioner that I think we took for granted when Commissioner Carter was here. Commissioner Carter would look at and issue and always take our interest at heart. For instance, on the Ordinance, he went way out on a limb that got chopped off behind him because his heart was in Pelican Bay. We don't have that today. We have been a donor community for twenty-five years. They take the money and they don't want to do anything here, but I need to get you energized to really take the offensive on this issue. It may be a false alarm and there may be nothing that they can do, but I don't want all of us to be sitting here two years from now when we ask how did that happen to us? Mr. Carroll stated, "1 certainly agree that we need to be energized". I don't know if we are giving the impression that this is not a high priority, but every day and every week it increases in priority as far as I am concerned. I feel that same sentiment from this Board. Mr. Ward and I will pursue this next week with Commissioner Halas and Mr. Dunnuck and see what we can find out. If it is necessary for us to call a special meeting of the Pelican Bay Services Division Board, we will do that. Mr. Burke stated, "1 support what Mr. Vlasho said and it is obvious that we do not have a County Commissioner". I also wonder if we have not estranged our Commissioner? Not us as a Board, but through some of the things that have happened here. There was an article in the Pelican Bay Post, which 5313 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 was a very clever spoof, but they were talking about the way the Commissioner talks. I wrote Commissioner Halas a letter saying that as a resident of Pelican Bay I was not wild about that article. I don't know what kind of a job we are doing as a community in getting him more on our side. Mr. Carroll stated, "Commissioner Halas had had one or two bad experiences when he came to Pelican Bay and was shouted at". When we invited himto our meeting a couple of months ago he did not want to attend, but when he did the Commissioner brought along the Deputy County Manager and then the Commissioner left the meeting. We have not done very well and some of the articles in the Pelican Bay Post are critical of him and I don't think that is doing us any good. I believe Mr. Vlasho was prodding us to act in a little more of a united way rather than separately. PELICAN BAY ADVISOR AND CLAM BAY FIELD GUIDE Mr. Carroll stated, "1 have heard a lot of good comments and wanted to mention that Mr. Ward and his staff are to be commended on doing this newsletter". We have talked about perhaps doing it again mid-year and Mr. Vlasho's suggestion has been to do it quarterly. It could be that we need to communicate with the community more than we have in the past. We often let the Pelican Bay Post write us up and then spend our time counteracting that situation, which is not a very good way to operate. Are there any comments about whether we should produce that newsletter on a more frequent basis, such as two or four times a year? Mr. Werner asked, "Does anyone read it other than Board members"? Mr. Carroll replied, "1 have had at least twenty phone calls telling me how much they appreciated the newsletter and I have been surprised by the response". Mr. Burke stated, "1 have had four people mention it to me". Mr. Nordhoff stated, "1 have had nothing but compliments from my tennis group". Mr. laizzo stated, "Any information we put out about ourselves and what we are doing is good information for the community". Mr. Carroll stated, "Mr. Ward and I will work together on how often we should produce the newsletter". I also want to identify Mr. Lukasz to you. The new members may not know Mr. Lukasz, but to us he is a very important person in this community and is available on the phone if you need him. SECURITY 5314 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Carroll stated, "Another item I would like to cover is directed to Mr. laizzo and his Pelican Bay Post article". You implied in the article that our patrolmen spend a lot of time being dispensed outside of the area and used the words "whenever and wherever the need arises". I talked with the Sergeant about that issue and that is not true. The average is possibly once a month and it is normally for some accident that might have occurred on U.S. 41 or Vanderbilt Beach Road. Therefore, I feel you left the wrong impression when you say, "whenever or wherever the need arises". Mr. Carroll stated, "You mentioned also that the Board does not give the security issue forethought and I totally disagree with that". We have spent considerable time talking about it. We have had the Sheriff, Captain and many others here to address this Board on the security issue. Also, nine (9) members of the Board are in favor of this program, so I think what you have done is send negative messaging about the way the Board functions. You are now a member of this Board and I believe it is dysfunctional to malign it that way. Mr. laizzo replied, "1 disagree with you". Mr. Carroll replied, "That is your prerogative". Mr. laizzo, you wanted to make a motion, do you want to do it now or later? Mr. Ward stated, "Mr. Chairman we put that in your Agenda package to deal with as Item #7 under Committee Requests, but certainly at your pleasure you are welcome to take it out of order". Mr. Carroll stated, "If Mr. laizzo wants to make the motion now he can do so or we can deal with it later". Mr. laizzo asked, "Mr. Ward are you going to make the motion for reconsideration of the Sheriff's contract"? Mr. Ward replied, "Since I cannot make motions, I cannot do that". I can help you phrase it if you would like. Mr. Harrell asked, "1 thought that only someone who voted for a motion can ask to rescind it"? Mr. Carroll replied, "1 don't know my Robert's Rules that well". Mr. Ward replied, "We don't necessarily operate under Robert's Rules". Mr. Harrell stated, "1 understand the purpose, but if a Board votes unanimously against something, it is not quite proper to have someone who voted against it to be able to bring the issue back up". 5315 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Ward replied, 'q'hat would be akin to Robert's Rules, but you don't necessarily operate under that specific rule, so you only do what you so please to do". That is the normal rule under Robert's Rules. Mr. laizzo explained, 'q'he reason for the motion is that we all sham in a common mission, which is to preserve, protect and enhance property owners investments and their respective lifestyles in Pelican Bay". Further, I will go on to say that as a physical responsibility, we are entrusted to act in the best interest of this community. We need to respond by reducing the cost of security. Coverage on a 24/7 basis is totally ridiculous for this community. We have fifty-three (53) people, from sergeants down to patrol officers that patrol 42,000 square miles of property. Pelican Bay is District 1, District 2 - Golden Gate, District 3 - East Naples, District 6 - Marco Island, District 7 - Everglades City and District 8 - Immokalee. The total homicides reported for Fiscal Year 2000 was thirteen (13) of which District 1 had two (2). For sex assaults, the total was one hundred and ninety-seven (197) of which District 1 had 27. Mr. Carroll asked, '~Vhat is your point"? Mr. laizzo replied, 'q'hat we don't need 24/7 coverage". I don't think we need a patrol car running around Pelican Bay while we sleep. I believe 12/7 is a reasonable and rationale request. If you want me to read the stats I will be glad to. Mr. Carroll replied, "No, we don't want to hear your stats". Mr. laizzo stated, "1 would like a reduction in the coverage from 24/7 to 12/7, at a savings of approximately $208,000. Mr. laizzo moved to have the Board reconsider the Sheriff's Contract for Fiscal Year 2004. Motion failed due to the lack of a second to Mr. laizzo's motion. Mr. Werner stated, "1 thought we had discussed the idea of members sending out memorandums, even through the Division Office, to other members and determined that it was against the intent of the Sunshine Law". I believe Mr. laizzo should have every right to bring anythi?g he wants before this Board, but I am specifically talking about writing Memorandums to other Board Members through the Pelican Bay Services Division office. I thought we had agreed that was a violation of the Sunshine Laws. Mr. Ward explained, 'q'he intent of the Sunshine Law is to ensure that two of you do not communicate to one another on a matter which may foreseeably appear before you, specifically to ensure 5316 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 that you don't try to ascertain how another member of the Board may vote on a matter. As a matter of policy, you generally refrained from writing memorandums to one another on issues that could foreseeably appear before the Board, simply because you walk a very fine line as a Board member on the Sunshine Law. As I have told you in the past, these matters reflect on you as individuals and not on the Board itself. I have advised Mr. laizzo that to the extent that he has an item that he would like to have considered by the Board, he is welcome to write whatever memorandum that he wants to us and certainly under Committee Requests, as others of you have done in the past, we would be glad to add that item. I tried to indicate to him to refrain from soliciting opinions from other members of the Board on these matters, but to simply ask us to schedule something on the agenda for you to consider at some point in time. That is what I have indicated to you and how you have operated in the past. Mr. Carroll asked, "Mr. Werner did you get your answe¢'? Mr. Werner replied, "No". Mr. Carroll stated, "1 didn't think you did either". Mr. Werner stated, "Mr. laizzo's memorandum did not only request that the item be put on the agenda, but he also gave the reasons behind it". Mr. Ward replied, "If I was Mr. laizzo, I would not have gone there". Mr. Werner stated, 'q'he reason that I think that it could potentially violate the Sunshine Laws is that even though it is public record, it is not the same as doing it in the Sunshine". My point is not whether it could be scheduled on the agenda, but whether or not he should give the reasons for requesting the agenda item. Mr. Carroll stated, "Are you saying that Mr. laizzo's request should have been to put the item on the agenda and we would discuss it at the meeting"? Mr. Ward replied, "1 would agree with that". The only reason I even scheduled this was because of a conversation between Mr. laizzo and myself and he was asking how to go about it. I did not tell him to put it in the form of a motion to reconsider, but to ask us to schedule an item on the agenda. It came up after the agenda had been sent out, so I realized there was not going to be any interference between last week and today, so I added it. It is much better to do it in the form of scheduling an item on your agenda, versus in the form of a motion to reconsider. 5317 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Nordhoff stated, "This is also relating to Mr. laizzo's memorandum and I would like to set the record straight". Mr. laizzo's comment that 'q'he community has responded via a Pelican Bay Foundation questionnaire to reduce security costs, etc.". I went back and looked at the survey and thera were only 996 usable responses. I believe it has been quoted that as of January 2003, Pelican Bay has 14,155 residents. I am not a mathematician, but I don't believe that is statistically projectionable. Furthermore, only 60% of those 996 who replied said they wanted security reduced. That is a very small part of our community and I resent Mr. laizzo bantering this about in such a way that he makes it sound as if thousands of residents have come forth. That has just not happened. Mr. laizzo replied, "1 think the record speaks for itself and I think there are some people in attendance who would like to make a statement on that issue". Mr. Domenie asked, "Does that apply to a Letter to the Editor, such as the Naples Daily News or the Pelican Bay Post"? Can I write a letter to the Naples Daily News expressing my views on something that will or may reasonably come before this Board? Mr. Ward replied, "You can always do that". I see it constantly in this business and the primary difference is the dissemination of that kind of an article does not necessarily skirt the Sunshine Law. It does provide a lot of input and you generally will not find a Board member asking for a response to an editorial or the view of other members on the same Board. Mr. Domenie stated, 'q'he questionnaire makes no differentiation between the people who live in a gated or non-gated community". All of the communities that were developed early and are located south of Gulf Park Drive are not gated. The communities located north of Gulf Park Drive are gated and would have a different opinion. In addition to that, Pelican Bay is entirely different from other communities in the County in that it has 14,000 residents, three hotels, six high rise office buildings, the philharmonic and art museum, a major church, at least five banks and two major shopping areas, a public library, police station, fire station, tennis courts, soccer field, basketball courts, etc. Pelican Bay is open to the public and also has a commercial interest that should be heard and I don't think they were included in the survey. Mr. Burke stated, "A while back, when you so wisely appointed this Budget Review Sub-committee, I thought that this was one of the issues that they were going to get into". 5318 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Carroll stated, 'q'he Sub-committee is in their very early stage of development and Mr. Sutphin will report on the Sub-committee meetings a little later". Mr. Carroll stated, "Regarding that survey, some 1,000 people replied to the survey and another 13,000 people did not". I would like to think that those 13,000 people were satisfied with the way we have been doing things and therefore, all of those who didn't vote were in favor of continuing things the way they are. Mr. Baron Herman - Point II resident -"1 heard someone speak about the right thing". I understand there is $500,000 being paid to the Sheriff's Department for security, to supposedly have deputies in Pelican Bay all of the time. Mr. Carroll replied, "Not supposedly, they are here all the time". Mr. Herman stated, "1 have talked to many people and I hear that there is no accounting for the Sheriff and his people". I see a Sheriff's car in here on rare occasions and the tram drivers I have talked to on this issue have indicated that the Sheriff is rarely here and they don't see them. Residents have indicated that every once in while the Sheriff is here handing out tickets. I don't believe we are getting what we pay for and I don't believe there is any accountability from the Sheriff's Department that the deputies are here. I believe the $500,000 is going out the window, if we don't have the daily accountability of who is here and their time sheet. How can anybody run a business without getting accountability for the money they are spending? I don't think Pelican Bay has stupid people, but I don't believe there is any daily accountability and time sheets from the Sheriff's Department for their officers being in Pelican Bay. I think that should be checked and if they aren't in Pelican Bay we ought to eliminate the Sheriff's Department and save ourselves $500,000. If we are going to provide any security I believe it should be on a private basis, where the Board and Pelican Bay oversees and controls who is here and that they are accounted for. Mr. Sutphin stated, "1 happened to spend some time in [he Sheriff's office yesterday on a different issue". They have a Ride-along Program and if any of you feel that they are not here, spend a shift with them to see what they do; they will be glad to have you. There is a schedule posted showing the name of the deputy for each shift that is in Pelican Bay and I don't think they are creating fictitious documents. I live in a gated community with private access control for security. I mention access control, not security. My 5319 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 community feels that the Sheriff's Department is invaluable to them in providing security to the community. Private security has no arrest powers and when an alarm goes, off they just sit in their car. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE Mr. Ward explained, 'q'he Clam Bay project for the current Fiscal Year ends on September 30, 2003 and the reports that you see are to the point of winding down". I can tell you that the consultants are in the process of preparing the Annual Report showing what has been accomplished over the past year. The Hydrographic Monitoring Report will probably go to the Sub-committee in the next three to four weeks and is in the final stages of completion. Our goal is to try to make a full presentation of that program to the Pelican Bay Services Division Board in November, with the entire consulting team in attendance. The recommendations for the ensuing four to five years will also be presented at that meeting. Mr. Ward continued, "Since Mr. Roellig is a member of the Coastal Advisory Committee, he sent me a Memorandum with respect to the beach funding issues". I am not particularly up-to-speed on this level of detail with the Coastal Advisory Committee, but Mr. Roellig did want to get this Memorandum out to you and did indicate that it was not a priority item for today's meeting. This item will be scheduled on your next agenda for full discussion. Mr. Carroll stated, "1 found that to be a very interesting report". The report lays out the whole question of how our Tourist Development money is going to be spent on the beach, how they would like it to be spent and the danger that it will be used to build garages, etc. Mr. Sutphin stated, "The report covers the Pelican Bay beaches and how they qualify for renourishment because the north and south beach facilities are considered beach parks". My concern, and it is a red flag concern, is that letting the fox in the henhouse from the standpoint of potential public access if we take Tourist Tax money to replenish our beaches? That is something we need to think about. Mr. Staros stated, "1 thought it was a very well put together report, however, as I see it, there was one entity of the Report that was missing". That is, where does this tax money come from? Who are the participants and hotels that are providing this tax revenue to the area? For those of you who don't know, I am Ed Stares with the Ritz Carlton Hotel Company and the Ritz Carlton Hotels bring in an overwhelming amount of the tax revenue for the entire County. One would think that since we are all here in Pelican Bay 532O PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 and the lion's share of the tax revenue comes from the Ritz Carlton, we would have the best beaches in the world. I know exactly what percentage comes from the Ritz Carlton Hotel and it is amazing how much of the money is generated from that one facility. You add the Registry Resort to that equation and it is a huge amount of the tax revenue of the entire County, just from those two properties. That being said, nowhere in this study does it say, "Let's take care of those that take care of us", don't kill the golden goose. The anchor resorts are what produce the revenue; therefore I think Pelican Bay should have the best beaches in the world. Mr. Carroll asked, '~/Vere you disagreeing with the danger of taking TDC money and using it"? Mr. Staros replied, "1 am not in disagreement, I just said that it was void of even being brought up in the Report". If 33-1/3% of all of the revenues for the entire County, from Everglades City to Immokalee, comes from Pelican Bay, shouldn't Pelican Bay get that percentage to spend in rebuilding our beaches? Mr. Carroll stated, 'q'hat is a very good point". Mr. Ward, I would like to make sure that Mr. Roellig is aware of this since he is a member of the Coastal Advisory Committee. Mr. Harrell stated, "1 want to support the Ritz Carlton Hotel". That is the goose that lays the golden egg every day and is what makes up a great part of Pelican Bay". When I read that the parameters were no more than one-half mile from a hotel, they were taking the Registry Hotel and Ritz Carlton into consideration. That's is important because they put heads on beds and we put dollars in cash registers. From a commercial standpoint that helps us and we are there for you. Mr. laizzo asked, "Is the restoration going to be from the Ritz Carlton Hotel to the Registry Resort or is it just going to be one-half mile from the Ritz Carlton and one-half mile from the Registry Resort"? Mr. Staros replied, "It says one-half mile and it is an excellent Report, but it did not take into consideration where the money comes from". BUDGET SUB-COMMITTEE Mr. Sutphin explained, 'q'he Budget Sub-committee has had two meetings since our last Board Meeting". Contrary to what some of the Board Members may have thought, I did not see our charter as rehashing the Fiscal Year 2004 Operating Budget. I saw it as one to examine the budgeting process with the object of improvement and as kind of a sub-charter to look at the way the financial information is reported to this Board in an attempt to streamline it and make it more understandable. 5321 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 MANAGEMENT REPORTING Mr. Sutphin explained, "One of the things that we discovered is that the County has a new accounting system in place, that reports in as little or as great detail as you want, on a real time basis". What I found lacking as I walked through it was an overview from Mr. Ward's perspective as to what is good and what is bad in performance against budget. I asked Mr. Ward to prepare a couple of slides to illustrate this. Mr. Ward stated, "1 am going to turn your attention to the reporting system that we provided to you and also to the "red/green flag" idea that Mr. Sutphin has come up with". We will talk first about the red/green flag idea that is in the Power Point presentation. The concept is to provide to you, in simple bullet format, where I thought we were with respect to our current financial projections and anything I thought was also important from a financial perspective for the short term. I tried to do that knowing that we were at the end of the fiscal year for our current operations. I tend to like it because I believe it provides you with a very quick summary and financial snapshot that I think are important for you to take a look at. In addition to that, the County has implemented a new sophisticated financial accounting system that is real time. Everything that we do within the County's financial system is now up to date as of the minute that it is essentially done. I know at any moment in time exactly where we are and what we are committed to, through the balance of the fiscal year. Mr. Ward continued, "These reports are called 210 Reports". Turn to Fund 9000/109 on the blue and yellow sheets. We have in it, both our Budget as it has been amended as of whatever date we print our reports, what's committed, which is the amount of purchase orders we have issued for any of the line items within the budget, the actual amount of bills paid as of the minute the Report has been printed and what we call the available total, which is the balance of funds that are left in the line items for each specific fund. Simply speaking, from my perspective and in the County's system, I have authority to expend on what we call "Personal Services, Operating Expenses and Capital Outlay". Anything that is in yellow on these printed forms, as long as I am not over the amended total budget, I have complete discretion to move money around within those items. I can expend over a specific line item as long as I don't spend over what is allocated for Personal Services, Operating Expenses and Capital Outlay in total. On a line-by- line basis, I can tell you what we have committed and spent at any one moment and what the available 5322 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 balance is for each of these. We can drill down below the fund level in any of the reports that we issue. An example is that in Other Contractual Services we have a commitment of $34,000 that has not been spent. I can drill down to within the commitments and look at who the vendors are, what the service is, when the work is scheduled and what the scheduled payments are on any of these commitments through the balance of the fiscal year. I have provided you a copy of these reports for each fund at the fund level, but not at the department level, which means you can look at it for all of the separate funds that we have for our current operating system. What we had talked about at the Sub-committee level is that if you take this and look at it in the context of the red/green flags, where you look at the summary of where I think the trends are going within the Division, you get a very good feel both from an overview and detail level of what your operating expenses are and where your revenues are. Mr. Carroll asked, "Does the red/green report quantify dollars"? Mr. Ward replied, "It would quantify dollar-wise to the extent that it can be determined". For example, for the red flag this month we have noted that there is an estimated replacement cost of $3,000, in addition to what we currently have budgeted for the U.S. 41 Median Landscaping Program. I know at your level, we pay very close attention to the total dollars we expend and approve, so to me that is a red flag and tells me that you are going to want to know that it is going to be $1.00 over budget. Mr. Sutphin stated, "The intent of this, in my thought process, was that this is Mr. Ward's personal presentation to the Board on what he believes is important, with no rules as to what does and what does not go on that report". If Mr. Ward feels it is important, either qualitatively or quantitatively, he should put it on the report and be prepared to discuss it in detail. Mr. Ward stated, '~Vith the green flags, qualitatively, we have additional moneys that we have saved on the U.S. 41 berm for the current fiscal year that we will be able to do some additional work that we had not originally contemplated for purposes of sodding. Qualitatively, I have indicated to you that it is in your commitment, but it is actually just an expansion of the existing program because of other savings that we have been able to recognize during the project. The same thing, qualitatively, is true for your Fiscal Year 2003 financial projections, etc. 5323 PELICAN BAY SERVICES DIVISION BOARD 1.1. ~ September 4, 2003 ' '~ Mr. Sutphin stated, "In the non-qualitative area, I would think that something like the fact that the County Planning people are attempting to link the Waterside PUD Amendment to beach access would be right at the top of the red flags". Mr. Ward stated, "1 was orienting this report more to financial reporting, but I can make it more Division oriented at that point". Mr. Sutphin stated, "My recommendation would that it be both". What Mr. Ward feels is important to this Board, because not all of us read everything and may not be aware of things such as this when we walk in this room for our meeting. Mr. Carroll asked, "Are you suggesting that Mr. Ward give this system a try starting next month"? Mr. Sutphin replied, "1 forgot the most important part of my preamble". I discovered that the accounting package that I have been seeing ever since I have been associated with this Board was developed over time because it was the way different Board Member's, at different points in time, wanted to see this information. This serves no purpose other than to covey information to this Board that I frankly find very confusing from a formatting standpoint. I personally think that the new County system, because of the way it is structured with the overview and descending levels of detail, is a much better way for Mr. Ward to convey information to this Board than our current system. My recommendation to the Chairman is that effective with the start of the new Fiscal Year we start seeing numbers in the new format. Mr. laizzo asked, "To be consistent could it be the same as we receive in this Budget document"? We are going from one set of books and itemized breakdown to another set of itemized breakdowns. It is hard to bring them together. Mr. Ward stated, 'q'he numbers are in here exactly as they are from your budget book". The specific budget amount is there. Mr. laizzo stated, "1 would think this is more detail than the budget book". Mr. Ward replied, "It can be, but it is at the fund level for purposes of this report, then I can drill down below it if need be". Mr. laizzo asked, '~Nill we be able to keep the funds separate or are you going to start moving the divisions together like Water Management and Beautification Funds"? 5324 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Ward replied, "That is a discussion that the Budget Sub-committee will need to be have as a part of their debate". Mr. laizzo stated, "1 would like to see them separate, otherwise it is confusing". Mr. Warner stated, "1 agree with what Mr. Sutphin stated about the red and green flags and should encompass not only financial but other concerns". I hope this will do away with the exceptions report that we get now. That is not what we had asked for; we had wanted something similar to a variance report. Mr. Sutphin replied, "Very honestly, what I found exciting about this is that if you are a big picture guy you have it on the Summary Page and if you are inclined to count the paper clips, you can get down to that level of detail". It is available without anyone doing any extra work. The current system is created specifically for this Board. Mr. Domenie asked, "Is all of the accounting done at the County level and you access it via the computer for these reports"? Mr. Ward replied, ''That is an over-simplification, but at the end of the day the reports are produced by the big accounting system from the County". The input is actually done at our local level. Mr. Domenie stated, '1 thought we had $288,000 in the budget for the U.S. 41 Median Landscaping Project and an accepted bid of $253,000"? The $3,000 is above the $253,000, but comes in under what had been budgeted. Mr. Ward replied, "It comes in under what you had budgeted, but above your current contract amount". Mr. Carroll asked, "Are we ready to encourage Mr. Sutphin and Mr. Ward to start this new method of reporting starting in Fiscal Year 2004"? Mr. laizzo, do you have any problems with that? Mr. laizzo replied, No, I can live with it, it is going to take a little time because I go back and forth between two documents and they do not line up, but I can live with it". Mr. Sutphin asked, "Mr. Ward, without a lot of work, would it be difficult to recreate a budget book in this format"? Mr. Ward stated, 'q'he budget book is in this format". I personally wrote the budget book as a result of knowing how the County system appeared, so it is in that format. Mr. laizzo stated, "That is stretching it a bit". 5325 Sep~emberPEL'CANBAYSE~¥'CESD'V'$'ONMOAED4, 2003 1611 ' Mr. Ward replied, "It is, but the book you have in your hand happens to be a completely separate document that I created specifically because of what everyone continually looks for at the Board level. As part of the Budget Sub-committee you might want to look at whether or not we need to create that book every year or whether or not we can just use the reporting system that we have within the County for purposes of budget creation. That takes tons and tons of hours to prepare in that format. Mr. Sutphin stated, '~/e will discuss that at our next meeting, which happens to be next Wednesday". Mr. laizzo stated, 'q'here is nothing wrong with the format that we presently get for a break down on a month-to-month basis, why are we switching to the colored form"? Mr. Ward replied, 'q'he answer is that the document you have is a separate report that we have to manually prepare for you and is not in the County system". The new report is what I can print out of the system at any one moment in time. We take these documents and literally input the numbers that are on this report into that Excel sheet to provide that to you. It is the exact same information in a different format. Mr. laizzo stated, "1 would recommend that you delete the report that is manually created". Mr. Sutphin stated, 'q'he Budget Sub-committee will come back to this Board with a specific recommendation, but I get the feeling the Board is generally in favor of going in this direction". BUDGET PLANNING Mr. Sutphin explained, "During the first meeting of the Budget Sub-committee we talked about zero based budgeting". As an example, do we really want to zero base budget and go back to a clean piece of paper where we could do something as radical as give everything back to the County and put ourselves out of business? Mr. Ward had confirmed that was in fact legal to do, should we decide to go that far. As we talked through this and I looked at some of the problems that we have had dealing with operating budgets, it always seems that at the eleventh hour we are arguing about how much to spend on this or that. I don't feel we have ever addressed, from a budgeting standpoint, what do we want to do for the community. What level of services do we want the Pelican Bay Services Division to provide to Pelican Bay? We worked through and ended up with a three stage planning process, which would consume approximately seven months of the year, from start to finish. For seven months of the year we would be dealing with budgeting in one form or the other and the first step is Goal Setting. 5326 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 1611 Mr. Sutphin continued, 'NVith goal setting, each year we would re-evaluate and define our mission". By our mission, I mean a little more specificity than is currently in the Pelican Bay Advisor. To use some marketing terms that Sears used to use, "Do we want our community to be good, better or best". We can provide services at any level that we feel that the community wants and if I had to guess, I would say that in terms of non-ad valorem assessments, that could range from 50% of current levels to 100% more of current levels, depending on where we want to be as a community. Although it is not specifically written, we have kind of been trying to keep Pelican Bay where it was. It is not degrading, but neither have we kept up with the newer communities in Collier County or Florida in general. The big question is do we want to keep up with the newer communities and if we do, what will that cost? To me the gut of the budget planning process is deciding what we want to do for the community. I believe that is the phase of the process that requires community input, not at the eleventh hour after the budget has been finalized, but during this formative stage when we are developing our objectives. What kind of landscaping and infrastructure do we want to provide to the community? To what level do we want to continue to spend money on mangrove restoration beyond the mandated amounts required by our permits? What kind of security do we want and do we want to consider making Pelican Bay a gated community? That is the first phase and I see that happening in the November/December timeframe. Mr. Sutphin stated, 'q'he second phase would be the development of strategic programs and capital spending plans". Attaching specific programs to each of the objectives for a five-year time frame and at that point in time, having Mr. Ward come up with ballpark financials of what those programs will cost. Mr. Ward has agreed that is doable. That part of the process would produce a rough five-year budget, consistent with the objectives established during the first phase and from the aggregate of those programs would derive an implied assessment rate going forward. That is something I don't think we have ever really projected before. Is that the kind of spending the community is willing to incur to achieve our mission and objectives? I would see that happening in the January through March time frame. Once that is done, the preparation of the next year's Operating Budget is simply a mechanical exercise of taking those strategic programs and Capital Spending Plans that have been identified, breaking them down into detail and producing these kinds of documents. 5327 September 4, 2003 ....... Mr. Sutphin continued, "Once you get to the creation of the Operating Budget, there should not be any discussion as to whether a program is viable or not". Those decisions should get made very early in the budgeting process, during the planning process. This phase of the program would be the April through June time frame. The Sub-committee thought this was a very good approach and worthy of consideration by the Board. If we are going to do something along these lines, we need to start planning for it now. This process is time consuming and our ability to communicate with each other is severely limited because of Sunshine Law restrictions. It requires input from a lot of people if it is going to work and requires a sense of what the community really wants from the Pelican Bay Services Division, first on a macro basis and then as we descend deeper into the planning process, in terms of individual programs. We have not talked about specifics in our meetings and I don't think that has been our charter. Mr. laizzo had tried to talk about security and I had to cut him off, not because we were not interested, but because I did not see it as the charter of the Budget Sub-committee. Mr. Carroll asked, "Mr. Sutphin, what is your recommendation"? Mr. Sutphin stated, 'q'he Sub-committee agreed to recommend to the Board that we adopt this three stage planning process". IIMr. Sutphi, moved, seconded by Mr. laizzo and approved ] unanimously that the Board adopt a three phase planning process I as outlined, with the process to start with objective setting and the k definition of our mission in the October time frame. Mr. Domenie stated, "1 think the Budget Sub-committee has done an excellent job and I am glad to see that you have included security operations, because that is important". I would suggest extending the first phase of the plan by another month. We do have the time because we don't really need to have the budget done before July or the beginning of August. The figures will come automatically once we have done our planning. Mr. Burke stated, "1 think that as a Board Member to have that kind of work coming back at us is a big step forward". 5328 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 1611 Mr. Werner stated, "It is a refinement of what we do already". Mr. Ward presents us mandatory and discretionary levels of service and asks which do you want for your community? You have refined it somewhat but we are already doing it. Mr. Carroll stated, "Mr. Werner, I attended their first meeting where the Sub-committee was brainstorming this entire process and I got more out of it than just your point". I got the feeling that they are looking at Pelican Bay more broadly than we normally have time to do in the budgeting process. It brought me back to the Long Range Planning Committee of the Foundation where the conclusion was that the status quo was okay, we like it the way it is. I heard the Budget Sub-committee say we do not want to do that, we can't stand still we have to move forward. Mr. Sutphin stated, "1 think there is a step ahead of what Mr. Werner is talking about". Mr. Ward brings us programs, we have never addressed the issue and I am talking in general terms, but twenty years ago Pelican Bay may have been the best community in Southwest Florida in terms of appearance, infrastructure and amenities offered. It is still a great place to live and I will just pick a name, but Fiddler's Creek looks better, has nicer entrances, it has this, it has that. The kind of question I am posing is, do we want to stay where we are or do we want to look like Fiddler's Creek and pay for it? It is just that simple, I don't have the answer, but I think that is our job. Mr. Werner asked, '~Nill these programs come back before the Board for discussion"? Mr. Sutphin replied, 'q'he Sub-committee will not approve anything". I see our role as coming to you with our recommendations. Our next meeting is Wednesday at 3:00 P.M. and I would invite any Board Member or anyone in the audience to attend. We are going to be discussing our Mission, which I think is critical. Mr. Ward, if it is consistent with the Sunshine Law, I would appreciate it if any Board Member who wants to input on the basic Mission send it to the office in advance of the meeting if they cannot be there to speak. Establishing the Mission and the objectives drives everything else and if we get that wrong, everything else is going to be wrong. Mr. Domenie asked, '~Vere you ever able to restore the Minutes of the first meeting? Mr. Ward replied, "Not yet, we are still working on it". 5329 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Carroll stated, "It was a very interesting meeting and it would be helpful if the Minutes could be restored". I have to compliment the Budget Sub-committee and I feel like I have learned a lot from reading your Minutes, they are a must read. ADMINISTRATOR'S REPORT CAPITAL PROJECTS U.S. 41 MEDIAN LANDSCAPING Mr. Ward stated, '`There is only one project that we currently have on-going for the current Fiscal Year and that is the U.S. 41 Median Landscaping Program". As you can see it is under construction and they are on target with respect to the project. The only issue we have outstanding at the moment is the $3,000 charge to redo the sleeves that were done a couple of years ago. Obviously the County is looking to the Pelican Bay Services Division for that $3,000 commitment in order to finish that project. It is only some of the sleeves and if we choose not to do it, then some of the landscaping will obviously need to be removed from the project due to the fact that there is no irrigation on U.S. 41 where the sleeves need to go. That is the only issue we have. We have the funds in the budget to do it and it is just slightly above your current commitment amount. The project is scheduled for substantial completion at the beginning of October and is on target to meet those dates at this point in time. By separate motion you have approved every line item on this project and if you are of the mindset, I would ask for a motion to authorize the additional $3,000. IIMr. Werner moved, seconded by Mr. Staros and approved II unanimously the spending or an additional $3,000 for sleeving on I~ the U.S. 41 Median Landscaping Project. ___._______.J COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward stated, "The County is feverishly working to try to complete the sidewalk overlays in the entire County". They have indicated that they will complete the remaining sidewalks in Pelican Bay before the end of your Fiscal Year. I have no reason at this time to believe that they are not going to meet that deadline, but it is the rainy season and they are certainly doing their best at this point in time. FISCAL YEAR 2004 BUDGET 533O PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Ward stated, 'q'onight is the scheduled Public Hearing for your budget". As a result of the change in your Ordinance, there is no longer a need for the County Commission to appear here in Pelican Bay, so that hearing will be held at the Board of County Commissioner's Hearing Room in Building "F" of the County complex. The Hearing starts at 5:05 P.M. and this is the first Public Hearing for the County's full budget, so we are included as a part of that hearing process. I don't expect to make a presentation as I have done in the past and the Budget Director will handle that piece of the presentation for me. With any luck at all, the Commission will adopt it and move on to the balance of the County's budget for the entire County. Mr. Carroll asked, "How did that get changed"? Mr. Ward replied, "Generally speaking, this is what is called the first public hearing on the "tax rate" and what they call the "roll back rate" and generally you will find that the Budget Director is the one who makes that presentation. He goes through a litany of financial requirements under the Statutes and reads into the record what the tax rates are, what the roll back rates are, the purpose of the tax increases and any other pertinent information as a result of what the County Commission will be considering that evening. This happens to really fall into the role of pertinent financial information and is his role when it is in that kind of a Public Hearing process. To the extent that they have questions, I will certainly answer everything in addition to that pertinent financial information. The information I gave them in prior years was in addition to the statutory requirements. The County has determined that they will read into the record the pertinent financial information and as they do with the regular County budget, if the Commission or public has questions or comments in addition to that, staff will be available for answering those questions. Mr. Carroll asked, '~Vill Waterside or beach access come up as part of this meeting"? Mr. Ward replied, "1 would think not, as part of the budget process". COMMITTEE REQUESTS Mr. Don Levenson - Chateaumere - "1 don't see anyone here from the Foundation". Were any of you at the Foundation Meeting on August 26th for the entire meeting and if so, did you hear my question and the answer at the end of the meeting? I am getting the same frustration that I have had for seven years and that is the lack of coordination, lack of cohesiveness and lack of unified planning and it is a darn shame. If you did not hear the end of the August 26~h meeting, it is available on tape. You can hear Mr. 5331 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 KcKeag's comments on finances, my question and particularly Mr. Tracker's answer. I sit there and I have heard procrastination and acquiescence for all of these years. We put things off. It is past time for action, we must be proactive. I urge you to see and hear the tapes of the August 26th meeting. What we are doing in addition to putting things off is that we are playing a patsy to the County. I agree with Mr. Staros when he said that we contribute so much and yet we let the County push us around with their old saying that if Pelican Bay wants it, let them pay for it. It is very easy for the County to say no, because over the years Pelican Bay comes up with the money and it is a very sad state of affairs. We are not getting a fair shake from the County and I don't know how we get it, but if you can oust the Governor of California, I think we could do something with our Commissioners here who are not giving us a fair shake. I think we should put an end to it. The final remark from Mr. Trecker and I am not sure of his exact words, but they were to the effect that today we have turned over a new page and I think we need to get with them and come up with an answer to this procrastination and to our getting a fair shake. Mr. Ted Raia - St. Raphael -"1 want to compliment Mr. Sutphin for the Budget Planning Presentation, I think it is a step in the right direction". I want to support Mr. Staros in that I believe the Ritz Carlton is definitely entitled to get beach renourishment. I would say the rest of Pelican Bay should be quiet, lay Iow and pay for its' own beach renourishment. There is no reason for the two hotels to not receive beach renourishment. I hope something has been done to support Mr. Harrell and the Waterside Shops. With regard to the Sunshine Law, to my knowledge you can send something out to all of your Board Members, but you cannot ask for their opinion. The Sunshine Law is restrictive enough and there is no need to make it more difficult. To my knowledge as long as you are not soliciting an opinion, it has to be a one-way communication. Mr. Sutphin asked, '~Vouid it be a violation of the Sunshine Law if several of us were at a Foundation Meeting"? In my mind that is one of things that makes this cooperation extremely difficult. Mr. Ward replied, "It depends on how the Foundation advertises its' meetings". If the advertisement is available to the general public and they don't preclude access to their meetings, they provide input on any item that is pertinent to the Pelican Bay Services Division, then there probably would not be a Sunshine Law violation. If two of you got up at one of those meetings and started debating or 5332 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 1611 talking about an issue and providing your opinions in trying to decide what to do and bringing that back to this Board, then you have probably crossed the line at that point. Mr. Domenie stated, "1 have the same situation". On September 18'h I have been invited to appear in front of the Silver Jubilee Committee, of which Mr. Burke is a member". We are not going to be discussing anything that has to do with coming before this Board. Mr. Ward stated, 'q'hat is not a problem" Mr. Burke replied, "1 will not be at that meeting". Mr. Harrell stated, ''we all have to remember that what happens with the Sunshine Law, is that it is really a problem with those who did not like what you did". It is a matter of perception of what is out there and we as a group decided not to do that as a matter of public perception. We wanted to stay a distance way from being criticized. Mr. Ward stated, "Mr. Harrell is right on point with that issue". If someone doesn't like you, for whatever reason he or she may have, and decides to pick up the phone and call the State's Attorney's office and say I think there was a Sunshine Law violation and here is what I think happened. An investigation will open and that is how this ball gets rolling. It is hard to predict what a State Attorney may or may not ever do and that is why you have to be careful of what you do in this business. Mrs. Kay Potter -"We had a fire in the mangroves and on the boardwalk on the 12th of August". I have been researching it for a small article for the Pelican Bay Post and I found out that we need a little more supervision or observation of the mangroves at night. I wanted to speak to the Clam Bay Sub- committee to see if they would take under advisement the issue of looking into how we might increase observation of the mangroves at night. If a little lady at Glenview had not gone out to see the moon at 10:00 P.M. and observed a fire which she thought was at the restaurant it could have been disastrous. She went back in and called her front desk and they got their security to go to the roof where he was able to conclude that there was a fire. The security did not know whom to call, but eventually called 911. Eventually the fire company was notified and they had a problem getting equipment on the boardwalk. The fire department had to first determine where the fire was, which was a little hairy and they also had to cut off the electric due to the danger of a live wire. We did not have much damage, but if it had gone unobserved longer or in a place a little more flammable, we might have had a problem. I hope it will never 5333 happen and the County does seem determined, but if we should have to have public access through the boardwalk, which would mean a great any more people going through the mangroves, our mangroves might be in more danger. Perhaps now would be a good time to think about how best to protect the mangroves from fire and vandalism at night. Mr. Carroll replied, 'M/e will refer that to the Mangrove Sub-committee. Mr. Jim Gage - Coronado "1 have been coming to these meetings for six or eight years". The meetings are more professional and I like the way you allow the public to speak and this is on the plus side for all of us. Mr. Werner stated, "Mr. Sutphin, I wrote to the County Attorney about the subject of scheduling meetings that was talked about at our last meeting". I received a phone call from the County Attorney and I said that I could not believe that a phone call from one Board Member to another to solely determine his availability for a Sub-committee Meeting would violate the Sunshine Laws. He replied, you are absolutely right.. He then gets into the same thing that Mr. Ward usually does, which is perception. He said if you can avoid doing it, don't do it. It is legal but the perception might lead to something else. Mr. Werner stated, "The letter from Mrs. Jean Smith to the security company was what I felt, a very heavy-handed way of handling the situation". I would think a Board Member would be encouraged to develop information to make a point rather than be discouraged. Mr. laizzo replied, "1 think that was clarified by Mr. Ward's letter to me". I do not know if anyone else got a copy of that letter or not? Mr. Werner replied, "I did not". Mr. laizzo replied, "Mr. Ward took the time to write and tell me that it was okay". I agree with the comments that Mr. Levenson made about our being patsies to the County. I believe that right now the County is playing Waterside against the Ritz Carlton and WCI and putting us in the middle. The County is trying to create inside fighting about that parking lot, which is public beach access. Mr. Harrell asked, 'M/hen Mrs. Barbara Smith gets letters like the one from Miss Sandy Lane, do we generally respond to them"? This one probably needs a response when they are talking about the restaurants, boardwalks, etc. 5334 PELICAN BAY SERVICES DIVISION BOARD September 4, 2003 Mr. Ward replied, "Our e-mail addresses are a matter of public record and you can put them in your articles if you like, but we would encourage you not to do that". We are frankly not staffed to respond to e- mails that we get on the basis of an article that has come out in the newspaper. Our normal policy is not to respond to any of these e-mails, but to provide them to you as a part of the record and if you as an individual member would like to respond you are welcome to do so. To the respect that they are Foundation related, we do forward them on to the Foundation for them to handle. ADJOURN There being no further business the meeting adjourned at 4:20 P.M. James Carroll, Chairman 5335 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L~$T NAME-- F~RST NAME--MIDDLE NAME NAME OF BOARD. COUNCIl COMMISSION. AUTHORITY, OR COM MITT'~E MAILING ^DDRESS / c~ ~-~ COF~'I'y DATE ON WHICH ¥O~E OCCURRED THE BOARD. COUNCIL. COM MISSION. AUTHORITY OR COMM! C1 CITY ~ COUNTY ~ OTHER LOCAL AGEN NAMEOFPOLITICALSUBDIVISION:p~j~ ~;~/~/ ~ ~ 8 MY POSITION IS= ~ ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presente: with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fora. before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measur: which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measu~ which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the pare,-,: organization or subsidiary,olr a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a busincs~ associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situatior~ described above, you must disclose the conflict: 'PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure ot which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible fo recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: " Although you must abstain from voting in the situations described above, you otherwise may participate in thes~ matter~. Howeve~ you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing an whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'f'rEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI THE VOTE WLL BE TAKEN: · You must complete and file this form (before making any attempt to influence thc decision) with the person responsible r~corcling the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. · fou must disclose orally the nature of your conflict in the measure before participating. * You must complete the form and Hle it within 15 days after the vote occurs with the person responsible for recording the minu::: the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the e:.-.,. members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~~ 7~. ,~/z~.~.c.. , hereby disclose that on (a) A measure came or Will come before my agency which (check one) -~ inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, inured to the special gain of whom I am r~tained; or inured to the special: gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting inter~st in the measure is as follows: · Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1991), A FAILURE TO MAKE ANY REQUIt DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTIO: SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 85,000. MINUTES BUDGET SUB-COMMITTEE September 10, 2003 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 10, 2003 at 3:00. P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. David Nordhoff Mr. John laizzo Mr. Edward Staros (Absent) ALSO PRESENT: Four (4) Pelican Bay residents; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 2. 3. 4. Roll Call Approval of Minutes of the August 6, 2003 Meeting Audience Comments Management Reporting - Formulate recommendation for transition to new reporting system Planning - Workshop on Step I - Mission and Objectives Committee Requests Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show all members present with the exception of Mr. Edward Staros with an excused absence. APPROVAL OF MINUTES OF THE AUGUST 6~ 2003 MEETINC. AUDIENCE COMMENTR No comments were received from the audience. MANAGEMENT REPORTING - FORMULATE RECOMMENDATION FOR TRANSITION TO NEW REPORTING SYSTEM Mr. Sutphin explained, "At the Regular Board Meeting, Chairman Carroll instructed the Sub- committee to make a specific recommendation to the Board at their next meeting on a transition from the old manual reporting system to the new County accounting system". The only thing I perceived in the discussion we had at the full Board Meeting was Mr. laizzo's concern of whether or not we could track the budget? Mr. Ward, you may want to clarify how everything ties together. 21 Budget Sub-committee September 10, 2003 Mr. Ward explained, "In terms of the County's reporting system and your current adopted budget, which has been approved by the Board of County Commissioners, the budget format you approved is input into the County system and it is already there". It would not be a problem to report in that new format starting October 1st. There really is no difference whatsoever with the way this budget is prepared and the budget in the County system, other than its' location on a page. The account number structure is the same as you will see on the County system if you would try to tie those fund numbers, object codes, etc. together. They are exactly what you see in your budget book. Mr. Sutphin asked, "If part way through the year somebody had an issue that they did not remember being in the budget, could you go back to a specific line item in the budget that we approved and say here it is and this is the amount it was? Mr. Ward replied, "Yes". For example, if you look at Fund 109, Object Code 182602, Account 634999, which is called Other Contractual Services in the County's reporting system, you will see a line item for $117,800. You can go to your budget book and it will tie exactly into what is on the County budget page in their reporting system. The budget book will provide you the written detail of what is in it, but it is a one for one match. Mr. Sutphin asked for comments. Mr. laizzo replied, "1 do not see a problem". Mr. Carroll stated, "1 have a problem with the color coding". Mrs, Jean Smith stated, "1 do not think I can do anything about that. Mr. laizzo stated, "Some of the fonts are large and others are small". If the larger font size could be maintained that would help. Otherwise, I really don't see a problem because the numbers are what they are when we established them and that number is just being reduced on a monthly basis. What I would like to see up front is the favorable/unfavorable, the red/green flag report. If we hit a budget problem, meaning that we are going over budget, I would like to se~ that show up in the unfavorable. Mr. Sutphin stated, "1 would like to second what Mr. laizzo has just mentioned". I personally feel that the red/green flag report, or the Manager's Overview, is a very critical document in terms of keeping the Board informed of what is going on from your perspective. I think the qualitative items on that sheet 22 Budget Sub-committee September 10, 2003 are every bit, if not more important, than the quantitative items. If you see something drifting off track, or things like the Public Hearing on the Waterside Shops and the possibility of that getting coupled with the parking garage, those are the kinds of things I would like to see you bring to the Board's attention. If it is acceptable to the balance of the Sub-committee, I will recommend at the October Board Meeting that we formally make a transition to the new accounting system and the Manager's Overview, concurrent with the start of the new Fiscal Year. Mr. laizzo and Mr. Nordhoff both replied, "Accepted". Mr. laizzo stated, "1 would like to repeat that this does not preclude the fact that you must look at the budget". We still need to look at the budget on a monthly basis, but I don't think we need to look at it in detail to the point where we are looking for a dollar that is going outside of its' range. I believe the favorable/unfavorable, red/green flag report will indicate that. Mr. Sutphin replied, "1 agree". This overview format can be tweaked as we see more of it and learn more about it. Certainly, the Chairman has the final say in what he wants to see. I am looking at a methodology for bringing information to the Board. If we have accomplished that and the Board approves our recommendation at their next meeting, I consider this part of our charter complete and we will spend all of our ongoing time on the budgeting process. Mr. laizzo asked, "Mr. Ward, have you ever seen a line item get into trouble"? Mr. Ward replied, "No". Mr. Sutphin stated, "What I like about the new accounting system is that if you take as a premise what the County charges us for administrative services like this, it is not negotiable". This system is free and our other system is requiring the use of our own resources to generate. If I understand Mr. Ward correctly, we can get any level of detail we want, virtually on demand. Mr. Ward replied, "1 agree, and there are such controls within the County system so that my going over budget is literally not possible". Mrs. Jean Smith stated, "1 will work with SAP experts at the County to see if I can get a larger font". 23 September 10, 2003 home"? Mr. Sutphin asked, "Is there any way a Board Member can tap into the financial system from Mr. Ward replied, "No, you can only access it from the County's system and it cannot be accessed from off-site". PLANNING - WORKSHOP ON STEP I - MISSION AND OBJECTIV_F~ Mr. Sutphin explained, "In the e-mail that I had sent to Mr. Ward, I dimensioned what I think our options are going right back to the beginning as one of, or a mixture of, three broad choices". The middle option being the status quo and doing what we have been doing in terms of providing services, hopefully better and more cost effectively, along with all of the things that go with it. That would keep Pelican Bay as it is and has been. Mr. Sutphin continued, "Option "A" would be to emulate the best in Florida". Recognizing that today's communities are a little better than Pelican Bay, from an infrastructure and physical plant standpoint. Mr. Sutphin stated, 'q'he Iow cost option would be to feed the need for people for lower taxes and just pedorm bare-bone services such as don't plant annuals, don't provide security, cut the grass, keep the mangroves alive, which I would see as recognition that Pelican Bay is, over time, going to become just another place to live". Mr. Sutphin continued, "1 have no preconceived opinions on which of those options is the way to go". That isthe purpose of this phase of the planning process and at this point I would certainly welcome any input from our audience. Mr. Nordhoff replied, "1 feel as if status quo is like running in place and that means that everybody else passes you". I don't view status quo as a viable option. I don't consider the third option of just letting it go to seed as a viable option either, because part of the Mission is to protect property values. By process of elimination, we end up with the first option, which I would have chosen given a choice. The other two options, with all due respect to your write up, do not cut it. Mr. Sutphin replied, '1 would certainly not vote for Option #3". Recognizing that it is an option and in our first discussion on zero based budgeting, the ultimate in zero based budgeting for the Pelican Bay 24 $optombor 10, 2003 Services Division is to put it out of business and just give it back to the County. I think we rejected that as being unacceptable. We will probably end up rejecting Option "C", bare bones operation, although 1 believe the Board should have a chance to examine it. Mr. Nordhoff replied, "The Board should examine all of the options". You are wise to lay out the options and I believe we can put more definition to them. I would like to know, in the first option, whether we are talking about the best facility in Florida, the United States or in the world? I would like to know what our comparables are. Mr. Sutphin stated, "1 see Mr. Ward as a resource who can provide us with a lot of information on that issue because of his involvement, professionally, with other communities". Mr. Domenie stated, "1 agree, Option #3 is out". Option #2 is what we are working with at the moment and under Option #1, we could have a shopping list that could run a couple of million dollars a year. Again, once that is established we can set priorities. Some people say the berm should be heightened by six feet, which would require earth, trees, etc. Others say we need more lights on Pelican Bay Boulevard or that Pelican Bay should become a gated community. In which case, if you think police protection is expensive, by the time we get gates in here that would cost a lot. I believe these options could be played forward and we would not have to make use of them each year. Perhaps we could stretch them over a period of years. Mr. Sutphin replied, "Exactly". That is why this is so critical. In my view we are talking about a fundamental change in our mission and the strategies that evolve from that. It is multi-year and may have a minimal impact on next year's budget. If you are talking about such things as attempting to make Pelican Bay a gated community, I certainly have not thought it through, but the first thing that comes to mind is that you could not even conceive that if you did not have the full support of the Foundation. The Foundation would have to be intimately involved in implementing something of that magnitude. It might take three to five years to get there, but it has a long term implication on what it is going to cost people to live in Pelican Bay. We are not going to be arguing over $100,000 for the mangroves; we are talking about an escalation in the level of services, the quality of the community and what it costs to live here. I see it as just that fundamental. If people aren't prepared for that, then we should not pursue it. 25 September 10, 2003 Mr. Carroll stated, 'q'he swamp is a current problem and to me appears to fit into the category of upgrading from where we are". We get so much flack about this issue and just telling the people that we want to preserve the mangroves is really not doing the job. Possibly an item in stepping up is some major change to that entire situation. I don't know what it is, but that is an example. Mr. laizzo stated, "1 go along with that also, that area needs to be explored". The culvert boards are coming up at a certain height and there is a four-inch tube that allows the flow. That tube is always blocked, the water can never get through and the west side is starving for the water. There is plenty of water on the east side of the berm and nothing on the west side of the berm. That has to be monitored continuously. I would say once or twice a week someone has to go down and clean that tube so that the water flows. Mr. Lukasz replied, '~Vater is supposed to be backed up on the east side". Mr. laizzo stated, 'q'he four inch tube allows water to trickle into the west side of the berm". Mr. Nordhoff stated, "This was brought up as an example and I don't believe it is our charge to try to solve that right now". Mr. Sutphin stated, "It gets to the point that if you want to choose Option "A" in some form, in my opinion, the biggest asset that Pelican Bay has is the beach". If you are going to move to making Pelican Bay equal to the best in Florida or our version of that, I think it does require that the Foundation sign on with anything we might do. The Pelican Bay Services Division does not control all of the pieces that are required to make that happen. Mr. Carroll stated, "1 don't see that as a deterrent". I believe that the Foundation would be supportive. Mr. Sutphin replied, "My point is that to the extent that it has a financial implication, and let's say that if over a five year period it would double the Non-ad Valorem assessments that people pay in Pelican Bay, it is going to have an impact on the annual Foundation dues as well". These things are not free. There is a cost to put them in and there is a cost to keep it that way. Mr. Ward stated, "1 agree". In terms of the high end, the best in Florida, if we are going to utilize the words and name "Best in Florida", we need to understand that comes at a cost and with a certain 26 Budget Sub-committee September 10, 2003 environment. You have to take a look at what the environment is that you want it to be with some specificity and put some numbers to it and then decide whether you want to proceed with that "Best in Florida Program". That can take the form of gating the community, whether we get new streetlights, whether we do brick pavers, whether we do round-abouts, whether we do improvements to the front or back berm, a ton of infrastructure that could possibly be constructed to make Pelican Bay the "Best in Florida". We need to put the ideas on a piece of paper and define what we think is "Best in Florida" and then from there we can figure out if we can afford it. Mr. Sutphin replied, "1 totally agree". Since you brought the subject up, what would you suggest as being the best way to get that done, given the constraints that we have as a Sub-committee in having what I call "off-the-record brainstorming sessions"? Mr. Ward replied, "1 believe within the context of this meeting, you can probably do it". I can tell you what assets are being constructed in the environment of new communities being built in Florida today. From there, we can develop a plan of infrastructure that meets the "Best in Florida" test, whether it is like Fiddler's Creek or Mediterra at the north end of the County. Just look at those communities as "Best in Florida~ right now, but I also will tell you that there are new communities coming in this County that in one to two years are going to put these to shame. If we recognize that we want to do that, we can put the assets together and cost them out and figure out whether or not we can pay for it. Mr. Sutphin stated, "Going one step beyond, if that becomes the mission and you recognize that the goal keeps getting higher, as long as the mission is unchanged, then that becomes part of the annual planning exercise that we now have to modify if we want to keep up". Mr. Ward replied, "Yes, you have to do that". One thing that you need to keep in mind, within the context of the kind of government in which we work, we levy special assessments on a yearly basis to provide for certain programs. When you get into the position of doing major capital assessments, something in excess of $7,000,000, we can actually finance those kinds of longer-term improvements over a longer period of time than one year. For example, for most of the communities that I work in right now, we do municipal bond issues that range in terms of anywhere from seven years out to thirty years, depending upon the type, quality and kinds of infrastructure that we want to do. Your annual debt service 27 September 10, 2003 on a per unit basis becomes reasonable at that point in time. A good example is that I have done a $10,000,000 improvement program on the East Coast for a thirty-year old community that has fewer residents than Pelican Bay and it worked out to be a $12,000,000 bond issue over twenty years. The program ended up costing approximately $200.00 per unit, per year, over twenty years. In this community if you did a $10,000,000 improvement program for a $12,000,000 bond issue, you would be looking at approximately $130.00-$140.00 per unit, per year. You can do a whole lot of infrastructure improvements for not a lot of capital dollars, on a yearly basis. I am not going to be here in ten years, but someone else will be who will be benefiting from that improvement, so I don't necessarily want to pay for it all up front, so we can finance it over a longer period of time. The downside is that you have to pay the interest that goes along with that, but when you are paying for it over a long period of time and the dollar value is high, it really allows you to do some significant capital improvements for reasonable numbers at that point in time. Mr. Sutphin asked, '~Nhat kind of approval is legally required and is typically obtained to embark on such financing"? Mr. Ward replied, "It is not a particularly difficult process". It is a Special Assessment, so it is similar to the process that you go through to adopt your annual Operating Assessment. It requires notification to the property owners of a public hearing that is required at the Commission level. Beyond that, the issuance of a Municipal Bond requires bond counsel, underwriters and engineers in order to issue the bonds, but the documentation is not particularly difficult. It takes approximately four months to go through that process and requires a Validation Hearing in the Circuit Court. Generally, for anybody who issues debt for longer than five years in the State of Florida, the courts have to opine that you have the legal authority to do it and that is called "validation". We go through a process to validate your Bond Issue and then we proceed forward to do it. Mr. Sutphin asked, "Do communities typically have referendums to determine whether they want a bond issue"? Mr. Ward replied, "No, they really don't". The referendum comes in the form of the Public Hearing. You send a notification to your landowners that says that you are going to levy an Assessment 28 $optombor 10, 20013 and that they have the right to appear at a Public Hearing and express their input, whether good or bad, into that process. Mr. Sutphin stated, "If we are even thinking of embarking on something of this magnitude, whether it be a gated community, etc., going for "Best in Florida" status over a multi-year period, I would certainly want it to be something that had been widely disseminated to the community, with the Foundation as our partner. I would want the feeling, even before we got to the Public Notice stage, that this was something that to the best of our knowledge the community wanted and was willing to pay for. Mr. Ward stated, "The community which was done recently was an older community with relatively limited and Iow incomes". We spent a year really defining the program, identifying the capital improvements that were going to be made and then doing three to five big hearings with the residents outlining the program and the costs, before we ever got to the point of doing the Special Assessment Hearing. It worked extremely well, with a population of 12,000 people in 5,000 units and demographics of being older and on limited incomes, it was difficult to do that large of a capital program. Mr. Nordhoff stated, "You will even find in this community that there are demographic differences and therefore there will be problems". There will be residents, due to income and also frame of mind, who are more conservative and less willing to change and then there are probably newer, more affluent residents who want change. Mr. Ward replied, "As we say in this business, "Less than 10% of the population controls 100% of the will of the community to move forward". That 10% of the population is usually the 10% that doesn't want change. Mr. Nordhoff stated, "1 have been involved in a project where our architect at the outset said, there will be 1/3 for it gung-ho, 1/3 against it rock solid and there will be 1/3 who you will have to sway to get to that 2/3rds for it". I know that you have to pre-sell for a year or more, with town hall meetings, to disseminate extreme amounts of information to convince people that it can be done at the cost you are stating. Nothing should deter us from doing that, should we choose to, but it is a process. Mr. Carroll stated, "On the Long Range Planning Committee of the Foundation, we had a group and we struggled to come up with some very significant differences like Mr. Ward has alluded to that are 29 Budget Sub-committee September 10, 2003 being done in different places". The only things we finally came up with are to build a pier like the Naples Pier, or possibly a community swimming pool, which a lot of people said wasn't need because they had their own. We had consultants come in to provide us ideas and they all said that the beach was our main asset. In the final analysis, we did not come up with any dramatic changes that I believe fit your definition of "Best in Florida". In order to get the items you have to reach out and find what these other communities are doing. We tried to come up with things and when we had the town hall meeting, to which only fifty people attended, they all ended up saying they like it the way it is. We are going to have to rise above that mentality some how. Mr. Sutphin replied, "1 see that, no matter what we do, getting the consensus of the community in advance is going to be extremely difficult". I know you remember the Ordinance sessions that were conducted. Everyone felt this was so important, but the most we had attend a meeting was fifteen residents. Mr. Ward stated, '~/Vhen you drive through Pelican Bay you get a feel for what it looks like and you can drive into Bay Colony and get a different feel for the way things appear". You can drive into Fiddler's Creek and once you are off State Road 951 you get a different feel for that community than you have in Pelican Bay and it is the same for Mediterra. Gating a community is one of the most important things that the new communities in Florida are really trying to achieve for a lot of reasons. Post September 11,2001 it a very big issue. Whether that means gating the community or providing stronger security at the front entrance to the berm, those things ought to be looked at. What I am seeing in new communities now are round-abouts. The preliminary concept of that was the fountain that you see at Pelican's Marsh before you drive into the gatehouse. If you flip that behind the gate and do it in the form of a roundabout where you can drive around it, is the latest concept in Florida for some of these newer communities. As time goes on they are getting bigger and more magnificent for residents. Providing walking access within the community is a big issue right now, not in terms of asphalt going down, but in terms of brick pavers. Walking paths that have identification markers as to what you are looking at as you are going through it is a really big asset right now in these newer communities that I am working in. On the road systems we are seeing brick paver crosswalks going in throughout the communities, which I 30 September 10, 2003 think are very helpful. I am starting to see a tot of bike paths in the newer communities. I know that when we changed the signs out a few years ago it was a status quo kind of change and we spent approximately $150,000 for each sign. These days, that is a "chump change" type of number. If you look at what we did at Fiddler's Creek, we put signs in based on the concept that the community was going to develop itself out in the $250,000-$275,000 price range. Now the price range bracket is $500,000-$4,000,000 and we have spent another $1,000,000 putting in new entrances and in another two years the ones on the back side are coming out and new and better ones are going in to deal with the higher end product lines. At that point in time the growth in that community and the teardowns are going to start to happen and the lots are starting to get bigger. The same concept that happened in Pelican Bay a number of years ago, when we went from Pelican Bay Woods to Oakmont and then into Bay Colony, where you see differences in housing styles and prices, lot sizes and what people are really looking for. Mr. Sutphin stated, "You are now looking at the first tear-down in Bay Colony Shores". These things come with a price tag. To put it into perspective, Bay Colony Community Association fees, which do not include the beach club, are $3,500 a year. That fee covers the maintenance of the common elements in Bay Colony, not condominium common elements, but the fancy landscaping, access control and all of the bells and whistles. The beach club and tennis courts are subsidized and are an internal issue that Bay Colony management is dealing with. The point is it is not cheap. When you talk about this type of upgrade, there is a huge price tag that goes with it and it is that aspect that needs to be disseminated. If you are talking about round-abouts, fountains and paver block crossways does that involve taking over our own road maintenance? Mr. Ward replied, 'q'he operating cost of that is dramatically different than what you have right now". It is a ton of money. Mr. Nordhoff asked, "By throwing out a price of $3,500 a year, could we get from you what the fees are at places such as Mediterra and Fiddler's Creek so that We can start to construct how much you get for what kind of dollars"? 31 Budget Sub-committee September 10, 2003 Mr. Ward replied, 'q'o provide you some ranges to put you in the ballpark, operationally, they run approximately $1,100-$1,400 a year right now and will probably hit the $2,000 mark in the next five years in those communities". Mr. Nordhoff asked, "Would that be comparable to our Ad Valorem Assessment or our Foundation fees"? Mr. laizzo replied, "A combination of both". Mr. Ward replied, "No, I don't believe so". Those fees are exclusive and on top of their Foundation assessments in those communities. I don't know what their Foundation fees are, but their programs are not nearly as extensive as what you have in Pelican Bay, other than Fiddler's Creek. For debt service, they are looking at anywhere between $1,000-$3,500 a year depending upon the type and size of house that you build. Mr. Nordhoff asked, "Doesn't Pelican's Marsh have a bond issue also"? Mr. Ward replied, "Both Pelican's Marsh and Fiddler's Creek have bond issues between $40,000,000-$60,000,000 each, which are running upwards of $3,500-$4,000 per unit a year". Also, neither one of those projects are lacking in selling units. Mr. Domenie asked, "For the repayment of those bonds, is it an Ad Valorem or Non-ad Valorem Assessment"? Mr. Ward replied, "Generally, we do it is the form of a Non-ad Valorem Assessment". If you do it as an Ad Valorem Assessment you cannot limit it to just Pelican Bay, because it is a countywide Ad Valorem Assessment. Mr. Domenie stated, "1 believe it would be wise to make a shopping list of all of the things that we can possibly imagine and then prioritize them as to if and when we would want them and how much it would cost". Yes, round-abouts are beautiful because the new communities have wider roads and more area. If you drive in the Vineyards there is a lot of greenery because they have the space. We don't have the space. Mr. Ward replied, "In Pelican's Marsh the roads are as narrow as a twelve foot travel lane along the boulevard". 32 Budget Sub-committee September 10, 2003 Mr. laizzo stated, "The difference ms that it is gated". Mr. Ward replied, "In Pelican Bay you have twenty-four feet on each side, which is a huge road right-of-way to work with to do round-abouts and to widen your medians". You have a ton a room for infrastructure in this community. Mr. Carroll stated, "Is it feasible for Pelican Bay to take over the road system from the County"? Mr. Ward replied, "1 think it is feasible". There is nothing under the current law that would preclude you from gating Pelican Bay. It is really a political issue as to whether or not the Commission has the wherewithal to allow the community to be gated. The best example in Collier County is what happened in Foxfire a couple of years ago. The real issue ms the cut through traffic that happened in that area. I believe the County desires to have some of these cut throughs, but they have a deleterious affect on property value when you have that kind of a thing in a community. You have to decide whether you think it is important to try to mitigate the impact of that affect and if you can, I believe there is a legal way to do it if there is the force within the community to try to do it. Mr. Sutphin stated, 'I think we have rejected Option "C", unless there are members of the full Board that feel we should spend time discussing it, but I doubt that is going to happen". Option "B", is the sort of run in place option and if that is the consensus of the Board, then we don't have a whole lot of work to do. Mr. laizzo stated, '~/e have to fulfill the Mission which is to preserve, enhance and protect". I think we have to look at the budget in terms of where do we want to spend additional dollars, is it along the U.S. 41 berm, along the tram berm, is it entrance or is it being a gated community? We have to take a position and act on it. We are still fiddling on a way to spend more or less money. Mr. Sutphin stated, "1 agree conceptually, but I don't think we are fiddling". Mr. laizzo replied, '"We are still looking for the pieces and grabbing at straws". Mr. Sutphin stated, "1 see as our next step is getting Board endorsement of pursuing Option #1". If there is not a consensus on the Board that we should stay with that, then we are wasting our time. Mr. Carroll stated, "1 don't think you can go to the Board unmess you develop some examples of what Mr. Ward has been talking about over the past few minutes". Otherwise, The "Best in Florida" 33 Budget Sub-committee September 10, 2003 .j~ ~ consists of a lot of sparks and you don't know they are. You may possible have to start with a gated community to develop some things that are reasonable, but maybe expensive, and bring them up. Mr. Sutphin replied, "Maybe I am being too simplistic, but as I see it, the status quo is to continue the current general levels of service, maintaining the existing infrastructure with an assessment implication that is probably going to grow somewhere at the rate of inflation". The other option is a change in Mission that we will develop with the objective being to emulate "Best in Florida" with an assessment implication, and to just pick something out of the air, tripling over the next five years as this picks up steam. Is the Board prepared to support that? Mr. Domenie stated, "We need a shopping list of suggestions of what would go into our becoming the "Best in Florida" and can we do them all at once and finance it over thirty years or do we want to take them one at a time"? Mr. Sutphin replied, "You could not control them all at once". I am looking for some validation that this community would accept assessment levels three times the current rate, assuming they got value for their money. There would be well thought out and well executed programs that ultimately enhanced their property values. Mr. Ward stated, "My experience in this community is that the answer to that question is yes and traditionally has been yes". The question for the past few years is that we have not been able to articulate, with any degree of reasonableness, what that value is for what it is that we are doing. That's why I think the budget process has been so difficult for the last three years. To some extent I think you do need to articulate what we will call "Best of Florida" and put it on a piece of paper. The community and the Board will validate that, if in fact there is value in it. The same is true for status quo. We need to evaluate or articulate the value you are getting from being status quo, if any at all. Maybe some of the answer is that as a part of that analysis we are going to figure out that there is no value to status quo, there is very little value to status quo or there is a great amount of value to status quo. I don't know the answer to the question; I can just tell you that I know for the past three years the definition to the value of status quo is getting more difficult to figure out. 34 Budget Sub-committee September 10, 2003 Mr. Nordhoff asked, "Can we put together numbers on property values in our community versus some of the other communities"? Would we be able to say that in the last five years our property values have gone up 20%, but those at Mediterra or someplace else have gone up 30%? Is that data available and accessible? Mr. Ward replied, "1 think it is available, but I am not so sure how understandable it will be". The reason for that is that you are going from zero to a very high number in those new communities, where in Pelican Bay you have history to look at, which you don't have in the newer communities. Mr. Sutphin stated, "You are also starting a new phase in Pelican Bay with the tear down issue". What does it take in a community when that lot becomes sufficiently valuable to tear a $1,000,000 house down and build a $2,000,000 house? Mr. Ward stated, "With the beach access and the amenities that you have here, compared to what I see on the East Coast and in the Tampa, your prices are depressed because the level of infrastructure and quality of the infrastructure you have here are not sufficient to support the prices that you should be able to support". In the context of my life, a lot price in Pelican Bay Woods would be $1,300,000-$1,400,000 and they are $1,000,000. It is interesting to look at the differences as I travel around this State. If you go to Fiddler's Creek and look at the lot prices over there, they are $1,000,000, without water access. Mr. Sutphin stated, "1 totally agree, there is an area of demographics in Pelican Bay that I believe would be heavily impacted by this, but it would be nice to get a feel for it". The older condominiums, which numerically there are a lot of residential units in that category that do not have enclosed garages and are relatively small by today's standards, is there a demonstrable upward impact on their valuation by infrastructure improvements? Mr. Ward replied, "Demonstrable". Mr. Domenie asked, ''What infrastructure are you talking ab'out"? Mr. Ward replied, "Look at the quality of the roads, the lighting systems, the walking facilities, the gating of the communities, the round-abouts to slow down traffic to get cars off the road and to get people into the roads for walking and bicycling. Those all have dramatic affects on housing prices. 35 BudgetSub..committee ~1 ~' ~ I ' 86 september 10, 2003 ~ Mr. Sutphin stated, "The key is to develop the program and market it well". I see this as a marketing issue to the community and the Foundation. If we see this as the way to go, that becomes a very important part of our job. Mr. Nordhoff stated, "There is a fundamental difference here versus Fiddler's Creek or Mediterra, in that we are going to be trying to upgrade and ask residents to spend a lot more money". Fiddler's Creek and Mediterra are selling an upgraded community to a new buyer and that buyer isn't being asked to spend more money than he used to spend. Aren't they selling to a more affluent buyer than we have as a resident? Mr. Ward replied, "No, I don't find the affluence of the buyer in Fiddler's Creek or Pelican's Marsh any different than what I find the residential base in Pelican Bay to be". I actually think they are being asked to spend more, they are not unsophisticated buyers, they are not coming to Pelican Bay and looking at property before they decide to by in Fiddler's Creek. The fact is that they are spending more money and are being asked to spend more money to buy in those communities based on the level of that infrastructure and they are choosing to make the decision to spend more money because of what they are getting for those dollars. The downside is that I think many are going to want to keep the status quo and not want to spend a dollar more. The fact is that is probably not the right way to look at it, because I think people will come in and be willing to spend more money for the property if the value is here. You have to be able to show them the value and that is what we have really tried to do over the past few years: What we have tried to do has been very limited. Mr. Nordhoff stated, "1 am worried about the resident such as the lady who wrote the letter about us now charging $5.00 for a guest fee". That mentality is out there and as soon as you start talking about significantly increasing costs, you are going to run into a lot of flack. Mr. Ward replied, "As I said, 10% of the population will control 100% of what you do in the future". The will of this community is whether or not Board's or elected p~iblic officials have the spunk to get up and say we need to move beyond this issue and recognize that there is a brighter future for us and a better vision for our residents, or the heirs that we are going to leave our property to, beyond what we have here today. 36 Budget Sub-committee September 10, 2003 Mr. Domenie stated, "1 am not a golfer, but isn't a lot of that also influenced by the ability to play golf"? If you buy in Stonebridge you automatically become a member of the golf club and you have to pay the maintenance, etc. even if you don't play golf. Aren't some of these communities developing because of their golfing facilities? Mr. Ward replied, '`They all have golf and in this State golf is a losing proposition and operation". There has not been one golf course developed in this State because people like to play golf. Golf courses are developed because people like the views and developers can charge a ton of money to have a golf course or water view. If you look at it, the amount of money that it costs them to take the land for golf courses out of production is well overcome by the value that they get for having those views. Naples has the interesting statistic of having the highest number of golf holes per capita, but that is why golf courses get built. Mr. Nordhoff stated, "There is a downside to those free golf course memberships because when they get so many members the residents cannot get tee times, it becomes a negative, but it can and does happen". Some clubs are not 350 members as a charging golf course might be, it is a membership of 600-700 and then you get to play occasionally when you can get a tee-time. The first residents in get the benefit for a few years. Mr. Sutphin stated, ''There are only three country clubs in the Naples area that do not have a waiting list to get out and Pelican Bay is one of them". Mr. Domenie stated, ''The Social Memberships are falling". Mr. Carroll stated, "Pelican Bay has 530 members and we have approximately 13,000 residents". I belong to Quail Creek and 180 of our total membership are Pelican Bay residents. Mr. Nordhoff asked, "1 am still wondering about ways to show that spending more will bring you more value and if you can't do it countywide, I am wondering if we can look at Bay Colony where you are telling us what you spend"? I am of a mind that resales in the high-rise condominiums and the single- family residences have appreciated more in Bay Colony than anywhere else in Pelican Bay. Mr. Sutphin replied, "The high end real estate market in Naples, and in general, has gone to pot". Mr. Nordhoff stated, "If you make your base 1995, that may work". 37 September 10, 2003 Mr. Sutphin replied, "1 know what has sold Bay Colony and that is one word, "exclusivity". It is a gated community; it has a private beach club and private tennis. Mr. Nordhoff stated, "And it costs more, which says something about the people who are looking to buy there". Mr. Ward stated, "That is exactly what you have in Pelican Bay without the infrastructure to support it". You have a non-gated community that has beach access. Mr. Sutphin stated, ''There are a lot of Bay Colony type things that can be emulated in Pelican Bay at a cost". Mr. Nordhoff stated, "Maybe that is the way to go". We could get the rest of our Pelican Bay residents to get more knowledgeable about and interested in what those infrastructure benefits have brought in property values. Mr. Sutphin replied, "That is what it is all about, what is the return on spending money for exclusivity, going forward, in terms of property value? Mr. Carroll stated, "You are on to something that appeals to me, I understand what you are saying". Mr. Nordhoff stated, "Bay Colony's golf course is separately removed and separately joined, so it is comparable to the Club at Pelican Bay". Mr. Sutphin stated, "We are not members of the Bay Colony Golf Club". There is a relatively small membership and I do not know where the cap is, but there are over 1,000 residents in Bay Colony. Mr. Nordhoff stated, ''We could make a list of all of the additional enhancements that cost $3,500 a year". There are numbers available. Mr. Sutphin stated, "1 know that Ms. Karen Todd will be more than happy to provide budget figures". She had previously provided me the access control budget, which I shared with Mr. laizzo. Access control is a $400,000 a year budget item. What you ha~,e to be careful of in looking at those numbers is that the tennis facilities are heavily subsidized. The fine dining facility at the beach club is subsidized and it cannot stand on it's own, but the beach club is a separate assessment. 38 Budget Sub-committee September 10, 2003 Mr. Nordhoff replied, 'q'he Foundation subsidizes our restaurants and our tennis in Pelican Bay". You are throwing the Foundation into the mix, but in a similar situation, perhaps we could combine with the Foundation and start talking about what they subsidize and what we spend and make a situation comparison. So to speak, Bay Colony is our kid who went to Harvard and that is what we want to show off. Mr. Sutphin stated, 'q'here is a reasonable demographic mix in Bay Colony". There are 2,000 square foot condominiums and there are 12,000 square foot single-family houses on The Strand. There is the same demographic mix but newer and in a controlled environment. Mr. Nordhoff stated, "If we choose to take "Best in Florida", maybe there is a way that we can show some examples of what you get when you pay for it". Mr. Sutphin stated, "It was never my intent to imply that we should take all of it, but I think there is a consensus that we should seriously look at upgrading the levels and kinds of services that we provide, to bring exclusivity to Pelican Bay". Mr. Carroll stated, "1 believe at some point the Foundation is going to be critical and if we don't get them joining us there are going to be some problems". Mr. Sutphin stated, "Absolutely, if we don't have the Foundation as a partner, this is not going to work". Mr. Carroll stated, "If you bring this before the Foundation Board and they are all as excited as I suspect we are, it could be that we need to have a joint Board Meeting with them to allow them to get the same feeling". Mr. Sutphin replied, "1 would love to have a Joint Workshop if the Sunshine Laws would allow it". Mr. Ward replied, "As long as it is a Joint workshop yes, we could advertise it and record it". Mr. Sutphin stated, "If the Board concurs with the general approach at the October Meeting, we could try and schedule the next meeting of the Budget Sub-committee to be such a Joint Workshop". Mr. Ward replied, "I think that is reasonable". Mr. Nordhoff stated, "You would have to give them some advance warning and more than a week". 39 Budget Sub-cornmittee 1611 September 10, 2003 Mr. Sutphin stated, "Subject to the approval of the Pelican Bay Services Division Board at their October Meeting, I would like Mr. Carroll to organize a Joint Workshop". Mr. Carroll stated, "Having just gone through a Long Range Planning review I suspect the Foundation might think we are going too fast and overboard". The Foundation just went through that and this is where we came out and now you are talking about jumping way ahead to something bigger and better. I see a sales job with the Foundation. Mr. Sutphin stated, "1 also believe that there may be a misconception in adopting a strategy of working towards exclusivity and a change in our mission to work towards the "Best in Florida" or however we choose to define it, and that it does not necessarily mean that we are going to spend any more money next year". The planning for this kind of thing, particularly given the constraints that we operate under, is not something you can grind out over a long weekend. I would want the Foundation as my ally and partner and not as my adversary or we are wasting our time. Mr. Nordhoff stated, 'q'he community would not understand if we are not allies and we would be quickly dismissed". Mr. Sutphin replied, "It also would not work, the Foundation controls too many of the pieces". Mr. Nordhoff explained, '~Ne ultimately have to get to the Pelican Bay Property Owners because they have taken umbrage with a lot of things in the past that are forward thinking". Mr. Sutphin stated, "1 don't now about the politics of the Pelican Bay Property Owners and the Foundation,. but in the best of all worlds you would have all three groups around the table and hopefully come to a consensus of what is in everybody's best interest". Mr. laizzo stated, '~/hen I look at the Mission Statement I see the word "enhance" and I think that is where we want to go to "enhance" the community? Can we come back next meeting with a list of what you see as enhancements? Mr. Sutphin replied, "1 agree". Mr. laizzo stated, "1 think the Commission is going to throw gated community right out, but we can start there". Before we talk to the Foundation we have to know firmly what we want to move ahead with, otherwise we are just going to be floundering. 40 16:11 September 10, 2003 out". Mr. Carroll asked, "Mr. laizzo, who did you say would throw the gating out"? Mr. laizzo replied, "1 think the Commissioners would throw out the notion of a gated community Mr. Carroll replied, "1 don't know that they have a choice". Mr. Sutphin stated, '~/e have all agreed that we would come to the next meeting with a wish list of things that would go into making up the enhancements to the community". I think it would be very helpful if you could provide us a list of your views. Mr. Ward, I would also greatly appreciate a list of "can't do's". Things that we legally should not even consider or if you think the politics are so overwhelming that we embarking on a Don Quixote type issue, let's not go there. Mr. laizzo asked, "Mr. Ward, who has the final word on the approval of a gated community"? Mr. Ward replied, "The Board of County Commissioners". Mr. laizzo stated, "My feelings are very strong that the Commissioners are not going to support changing to a gated community". I would go with a partial gating and take the single-family homes if they wanted to be gated and gate that area. Mr. Ward stated, "Maybe I am hardened to political bodies who say no we won't ever do anything". The bottom line in this State is that with the right influence, at the right time, depending upon what you want to do, you are going to get it done. We just need to work on it and see how best to accomplish it if that is what you want to accomplish. Mr. laizzo replied, "1 think that would help to preserve our beaches also". We are worried about access through the community, which I don't foresee, but that would help to kill that idea entirely. Mr. Ward stated, "Gating a community is an interesting concept, but if you want to do it you ought to try it". To me it is that important of an element. Mr. Nordhoff asked, "Has it been done before or have all of the gated communities been built as gated communities from the start"? Mr. Ward replied, "No, it has been done before, not so much in Collier County, but it happens all the time in Florida". 41 September 10, 2003 Mr. Nordhoff stated, "We have a lot of ingress and egress points, more so than I think a community that is built to be gated would have". Mr. Ward replied, "Pelican Bay is more of a cost issue than anything else". It can be done, but fortunately or unfortunately, when this community was designed it was designed with a ton of access pints, half of which are not even needed. Mr. Nordhoff asked, "Crayton Road is closed off at the Registry and I wonder if we could close off North Pointe"? Mr. Domenie stated, "You could close off North Pointe Drive, but for the Waterside Shops and the church you would have to consider shutting off access below that". Mr. Ward explained, Ulnterestingly enough when this community was developed, both Crayton Road and West Boulevard were closed". Gulf Park Drive is a non-essential entrance on to U.S. 41. There are couple accesses within this community that not essential to traffic flow for the Pelican Bay community. They might provide easy access for a minority of the community, but for access it is not really that important of an element. There ara a ton of things that you can and should look at. Mr. Sutphin stated, "1 would certainly not see it as a "give me" that the County Commissioners would approve gating the community, but there is no legal barrier to us pursuing a gated community. Mr. laizzo asked, "Do you think this would have to be played with the community first before we would pursue it to the higher levels". Mr. Sutphin stated, "It first has to be played with the Foundation and the Pelican Bay Property Owners". If the elected representatives of those organizations support it, then I would suggest that we discuss a joint marketing program. There is a Pelican Bay Men's Coffee every Tuesday morning. Thera are a lot of get-togethers in the community that would provide a vehicle for disseminating this kind of a thing in bits and pieces. Once you start that, I have a feeling that you would start to get feedback because people talk and some of that talk may be that they are going to double my taxes. Mr. Nordhoff stated, "If you can keep them with an open mind long enough to show them what they are going to get for their money it would work". 42 Mr. Sutphin stated, "If you can generate enough interest for people start attending these meetings then you don't have to do it two or three times". Mr. Carroll stated, "1 would like to suggest that I be able to get Mr. Trecker to attend these meetings". Mr. Trecker needs to warm up to this situation. I know Mr. Trecker's term expires in March and he may go off the Foundation Board at that time. The Foundation is also overwhelmed with the major expansion that is going to happen at the Hammock Oak Center. Mr. Nordhoff asked, "Is there someone who will probably surface as the next chairman"? Mr. Carroll replied, "1 would not even speculate on that". Mr. Nordhoff stated, "It would be nice if we could start cultivating the next person". Mr. Sutphin asked, "Should Mr. Kinney attend these meetings"? I would like the Foundation Board to know that we are in this process that is the early stage of a long range planning process and we would absolutely welcome their attendance and active participation in the dialog. Mr. Carroll stated, "1 am a little afraid of ascending on the Foundation with this grand plan and wish that they were sitting in this audience today". Mr. Sutphin explained, "The Foundation has to be our partner and has to support what we think is the way to go and if they don't we need to question are we on the wrong track"? Mr. Nordhoff stated, "If the restaurants, tennis and berm just continue to flounder along, we are not going to be able to make that much impact by enhancing what we control". All of those elements have to be moving forward in the same direction. Mr. Sutphin mentioned, "Upgrading the ambiance in one of the restaurants may be an element that they see as being possible". Mr. laizzo stated, '~VVhat the Foundation has found is that people are coming to the beach, sitting on the left side of the restaurant and having their own drinks". They bring their own private drinks to the beach and watch the sunset. The Foundation is going to stop that and put a bar in that area. Mr. Sutphin explained, "Bay Colony addressed that issue". We participate with other clubs as a reciprocal in the off season and for the first time this year they have put in a users fee for reciprocal 43 Budget Sub-committee I 671 '~ September 10, 2003 guests, which they can apply toward food and beverage purchases, but they were coming and using the towels and chairs and not spending any money. ADJOURN There being no further business the meeting adjourned at 4:15 P.M. Christopher F. Sutphin, Chairman 44 Commissioner Halas September 17, 2003 Review of Issues in Pelican Bay 1. A little history Obley letter of April 1982 County took Water/Sewer from PB Improvement District via the Courts Pelican Bay considered Incorporation/Annexation to Naples MSTBU Ordinance established the Services Division Flood of 1995 damaged the mangroves in the Northwest comer of the mangrove forest. County wouldn't renovate or maintain and the Services Division took over. Required 3 years to obtain permits from EPA, Corp of Engineers, etc. We spent over $2,000,000 to restore and now we are maintaining. Clam Bay sub-committee created to stewart this restoration and maintenance. 2. PBSD - New Ordinance created in June of 2002. Updated MSTBU Empowered the Services Division Established an election/selection process Continued the managerial approach using Jim Ward We are your representatives/appointees and we need your help and support. We have a close working relationship with the Foundation but have different responsibilities. 3. Some recent issues: Attempt to change to an independent District Landscaping the Tram berm. Stirred up by the Prop Owners. Cap Antibes - You know this one first hand Waterside expansion 4. Access/Parking Issue- This is a big one. Community very upset. 5. Security Issue. 6. Copy of Advisor & Field guide. 7. Jim Wards situation cc Gerhard Seblatnigg Foundation Board member Jim Carroll 3 3 m~ o m 1611 ~6 ~6 0 ¥ ~3 Z Z To: From: Date: Subject: 1. MEMORANDUM Members, Pelican_Bay Ad~is,qry Board September 23, 2003 ~-- Proposed Collier County Beach Restoration Attached is the Executive Summary of the North Collier County Beach Renourishment Project Engineering Report prepared under contract by Coastal Planning & Engineering, Inc. (CP&E}. CP&E have prepared a permit application to accomplish the recommended plan. The Collier County Coastal Advisory Committee (CAC) and the Tourist Development Council (TDC) have passed resolutions to request the Board of County Commissioners (BCC) to authorize submitting the necessary permit application. The present schedule is to obtain the necessary permits and initiate construction in November 2004. The proposed permit application would be for beach nourishment for the Vanderbilt beach area constructed in the 1996 project, plus an area of Pelican Bay south to R37. The present plan in the permit application for the rest of the Pelican Bay Shoreline south of R31south to Clam Pass is as follows: ao Provide beach nourishment from R31-R37, a distance of 7067 feet and a quantity of 63,200 CY with an estimated cost of $1,300,000. R31 is about 1000 feet south of the Ritz and R37 is about 1 500 feet south of the Sandpiper beach area. bo This portion of the plan would benefit upland development and help stabilize the fill placed in the core project limits, Vanderbilt Beach. CP&E states, "the fill for this reach of Pelican Bay is designed to maintain a 100-foot total width for 6 years". The policy recommended by the CAC & TDC for consideration by the BCC would provide for Tourist Development tax funding as follows: a. 100% Vanderbilt beach south to R31. b. 40% R31 to R37. 1611 COLLIER COUNTY BEACH RENOURISHMENT PROJECT RENOURISHMENT ENGINEERING REPORT EXECUTIVE SUMMARY INTRODUCTION This summary describes the alternatives and recommendations for the renourishment of northern Collier County. The study area encompasses approximately 17 miles of coastline from the Lee County line to Gordon Pass. The alternatives were chosen based on a comprehensive review of the project area history, coastal processes, beach characteristics, State guidelines and regulations, and the objectives of the Collier County Coastal Advisory Committee (CAC) and its staff. The main objective of this study is to develop a comprehensive plan by comparing fill quantities with cost to maintain a healthy beach for 6 to 10 years without impacting natural resources. Two borrow areas have been developed to support the project RECENT BEACH MAINTENANCE HISTORY Structures, beach nourishment and inlet bypassing have been used to maintain Collier County's beaches. The initial beach restoration project was.started on November 26, 1995 to restore nearly six miles of critically eroded shoreline. Approximately 1,270,600 cubic yards of fill material was placed on Vanderbilt Beach, Parl~ Shore Beach, and Naples Beach (Figure I). The main objective of the 1996 project was to provide an enhanced recreational beach with secondary storm protection benefits. Sand for the project was dredged from four offshore borrow areas and supplemented xvith fill from upland sand sources. The project included extension of the north jetty of Doctors Pass by approximately 75 feet, removal of' 36 groins, and restoration of 6 rock groins and a 345-foot pile cluster groin. The project also included restoration and extension of I0 existing stormwater outfalls on northern Naples Beach. Vanderbilt Beach received approximately 322,800 cubic yards of fill along 8,000 feet of shoreline. Park Shore Beach received approximately 90,700 cubic yards of fill along 3,800 feet of shoreline. Naples Beach received approximately 759,150 cubic yards of fill along 17,800 feet of shoreline. Inlet Management and Supplemental Fill Projects Periodic dredging and bypassing has taken place at Wiggins Pass, Clam Pass, Doctors Pass and Gordon Pass in recent decades. The total voluhae of sand bypassed to adjacent beaches from the four inlets since completion of the 1996 project is approximately 272,800 cubic yards. For engineering purposes, it is assumed that past dredging practices will continue in a manner consistent with each of the inle~t's comprehensive management plans. A significant amount of sand has l~/eri:adde~t to the project area beaches through various truck haul projects. The supplemental fill has helped extend the life of the project by acting as advanced nourishment. However, these measures are short-term and costly, and '\~'~ "~? · TALLAHAb"~J-E JACKSONVILLE R '~' OT PROJECT ~ ~,tCE~H t N T S ....... ~AMPA] . ~ AT~NT/C GRAPHIC SCALE I" FT ~ ',~ e~¢ OF " STATE PARK ",%~f~ MEXICO ~'~¢~ VANE,ERBILT BEACH ~ ," PELICAN BAY ' ~EX/CO C~M PASS ' ;,~ ¢~(~ / I NAPLES LEGEND: ' GORDON PASS ~ ~, ~ PHASE III - T~TW NORTH COLLIER COUN~ BEACH RENOURISHMENT PROJECT 2481 N.W. BOCARATON BLVD. PROJECT FILL LIBITS 8OCA ~TON. FL 33431 PH (561) 391-8102 F~ (5611391-91~ 6 DATE 8~28~03,[~ CR~: ,ICO"""*'O SSOO.~2 j FIGURE NO. 1 can be intrusive to the natural beach environment as well as to beach-goers. The sources of upland fill have included Bonita Grande, Big Island and E.R. Jahna (Collier County, 2003). Approximately 3,000 cubic yards of fill was added to Vanderbilt Beach in 1996 and 22,100 cubic yards in 2002. Pelican Bay also received 5,100 cubic yards as dune protection in 2002. The beaches of Park Shore received a total of 72,300 cubic yards of upland sand from 2000 through 2002. Between Doctors Pass and Gordon Pass, Naples Beach has received approximately 55,000 cubic yards of fill in 1996. An additional 81,400 cubic yards was placed within these limits since then. The total volume of truck haul sand brought into the study area through 2002 is estimated at 238,900 cubic yards. Recent Monitoring Results The results from the seventh (June 2003) annual monitoring surveys of the 1996 Collier County Beach Restoration Project are summarized herein. The results indicate that the beaches within the project area are performing well overall, with a few areas of moderate concern. Tropical Storm Gabrielle struck the Florida Gulf Coast in September 2001 and had a significant impact on the beaches of Collier County. The County's ongoing maintenance of nearby passes and supplemental truck fill projects has significantly aided the recovery and stability of the project area beaches as observed in June 2003. The design beach width was determined to be 50 feet in Vanderbilt and Naples, and 35 feet in Park Shore (CPE, 2002). These added beach width standards are typical for southwest Florida. The beaches have receded beyond this standard in many locations, which indicates a need for renourishment. Table 1 below summarizes the 7-year performance of project area beaches, including the effects of truck haul fill and dredge spoil from inlet bypassing. TABLE 1 1996-2003 PROJECT PERFORMANCE · : ii: pROjEcTAREA:: i ii ! i REACi-iwIDTH:!:: :i:!:i: :!: :i:i:!¥Oi:OME:REMAINiNG!:i: :?::: :::! : !:: :: ::i:::::i: :::::::,i iii::::i::ii:iV)i!::i:iiii!:::;:::ii: i:ii!(CY)i:iiiiiiii:;ii:;i: i: (PERCENT) :': i VANDERBILT BEACH 58.1 305,000 94% PARK SHORE BEACH 34.1 61,000 64% NAPLES BEACH 53.4 812,800 96% BORROW AREA SANDS Two potential borrow areas were identified by Coastal Plarining & Engineering, Inc. for use in Collier County renourishment projects (Figure 2). These borrow areas are characteristic of relict sand ridges. Borrow area boundaries are located at least 400 ft away from existing or potential hardbottom. The borrow 'area sand is t{ghter in color than the beach. The potential borrow areas are described below. ,I N 820000 0 \ 15000 CAPTIVA ~ '~-., PA SS 30000 GRAPHIG~$CALE IN FT N 760000 ~ \ ~-BORROW AREA T1 N 700000 PA SS 161.1 g6 N 640000 if-~ NORTH '~ LOAPTIVA ~SLAND REDFISH ~, "~iSLAND '~-~? SANIBEL NOTES: 1. COORDINATES HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 1983. GULF 9 MILE LIMITJ/ OF MEXICO 2. ELEVATIONS SHOWN HEREON ARE IN FEET BASED ON NATIONAL VERTICAL DATUM, (NAVD 1929). ,I N 82,3,2'00 N 760000 , . ;~.f~ LOVERS KEY '. ~.~_~ ',. ~'~ _B_A.REFOOT ~ , ,.,,._.. ; ~ ¢ jVANDERBIL} "'. ~ ~BEACH C~M~ FPARK DOCTORS ~ PASS 86( ~5.0 MILES~ ~ NAPLES ~BORROW ,, , ~AREA N5 ~r GO~DON ~ CA:PRI PASS ~ ~ BIG MARCO PAS~'~ co...,,. ,.,_...,.~ & ~..,....,.., ,.c. m~,: NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT :~ ~.w. BOCARA'rOr~ ~LV~. BORROW AREA LOCATION MAP BOCA RATON, FL 33431 PH (561/391-8102 FAX (561; 391-~116 , ~ATE 8t28/03 I BY JRC ICOMM ",:O aseo 12 [ FIGURE N©..2 Borrow Area N5 Borrow Area N5 is located 5 miles off Naples on the southwestern coast of Florida. This borrow area is characterized by mostly light gray (5Y 7/I), fine-grained quartz sand with varying amounts of shell. The shell content ranges from 4% to 60%. The silt content ranges from 2% to 14%. Both the shell and silt contents generally increase with depth. The sand is moderately well sorted to very poorly sorted, where most of the samples are generally in the poor to very poorly sorted categories. Upon completing the analyses for the N5 borrow area, the mean grain size was found to be .20 mm indicating fine-grained sand (Table 2). The sorting was found to be 1.85, or poorly sorted. Both of these values were found using the moment method. The preliminary silt content for the entire borrow area is 6.97%. The borrow area contains approximately 2.4 million cubic yards of sand. The cut depth xvas defined above the rock and the shelly silty layers. The borrow area can be refined in the final plans for a mean grain size of 0.21 mm or higher. Borrow Area TI Borrow Area T1 is located 33.1 miles from Vanderbilt Beach. This area is characterized by light-gray (5Y 7/1), fine-grained quartz sand. The shell content ranges from 1% to 18%, but is mostly in the 3% to 8% range. The silt content ranges from 1% to 10%, but is mostly in the 1% to 4% range. Both the shell and silt contents generally increase with depth. The sand is moderately sorted to poorly sorted. Upon completing the analyses for the T1 borrow area, the mean grain size was found to be .29 mm indicating fine-grained sand. The sorting was found to be 0.94, or moderately sorted. Both of these values were found using the moment method. The preliminary silt content for the entire borrow area is 2.66%. The borrow area contains approximately 10.6 million cubic yards. TABLE 2 BEACH AND BORROW AREA CHARACTERISTICS Mean Grain Size Overfill Ratio Sorting Silt Naples 5 Miles Toms Hill 1 Location (Pill) (mm) (Piti) (%) (N5) 1 (TI Vanderbilt Beach R-27 2.18 0.22 1.57 4.65 1.18 0.79 Pelican Bay R-33 1.74 0.30 1.86 1.-/2 2.31 1.33 Park Shore R-52 2.47 0. t 8 0.92 2.61 0.8 0.74 Naples Beach R-64 2.12 0.23 1.31 1.52 1.33 0.81 Naples Beach R-73 2.32 0.20 1.31 1.28 0.93 0.76 Port Royal R-84 1.84 0.28 1.76 1.26 2.04 1.13 Borrow Areas Borrow Area Volume Naples 5 Miles (NT) 2.35 0.20 1.85 6.97 2,400.000 cy Toms ltill I (T1) 1.78 0.29 0.94 2.66 t0,600,000 cy Notes: Overfill ratio based on Equilibrium Profile Method and average beach width extension of 36 feet For BA NS, a mean grain size on 0.21 mm will be used for design and achieved by selective dredging. For BA TI, 0.27mm is used for design to introduce a safer7 factor a~ainst hardbottom encroachment. BEACH SAND CHARACTERISTICS The beach sands in thc project area arc gray (5Y 6/1) linc-grained with shell. The sands have been influenced by nourishrnent projects, truck haul sand and bypassing at inlets. These activities have added moderate quantities of shell, minor quantities of rock, and coarse sand from upland soUrces; which make it difficult to accurately define the engineering quantities of the beach. A number of rock removal projects since 1996 has had a visible influence on the beaches of Naplcs and Vanderbilt. Grain size data collected between 1988 and 2003 is compared to the implied mean grain size of the beach in Table 3. The alongshore and cross shore location of beach sampling has changed over time, and a direct comparison arnong composite values may not be accurate. The 1988 and 1990 samples represent native beach conditions influenced by small fill projects and inlet bypassing activity. The average beach grain size for 1988 and 1990 are 0.32 mm and 0.27 mm, respectively. [1 [! TABLE 3 BEACH SAND CHARACTERISTICS Year I Mean (mm) Sorting (PHI) I Silt (%) Vanderbilt Beach R-27 1988 0.38 1.84 1.40 1990 0.22 1.71 3.50 Pre-EPM 0.28 1998 0.41 2.28 0.53 2003 0.22 1.57 4.65 Post-EPM 0.28 Notes Reach Average Composite Pelican Bay R-33 1990 0.25 Pre-EPM 0.28 1998 0.31 2003 0.30 Post-EPM 0.28 1.64 4.03 2.03 0.65 1.86 1.72 Reach Average Composite Park Shore R-52 to R-54 1988 0,30 1,65 1.20 1990 0.28 1.50 3.07 Pre-EPM 0.30 1998 0.35 2003 0.18 0.92 2.61 Post-EPM 0.33 Reach Average Composite Naples Beach R-64 1990 0.30 Pre-EPM 0.26 1998 0.32 2003 0.23 Post-EPM 0.26 to R-66 1.59 1.23 1,97 1.05 1.31 1.52 Reach Average Composite Naples Beach R-73 Pre-EPM 0.26 1998 0.33 1.36 0.63 2003 0.20 1.31 1.28 Post-EPM 0.16 Reach Average Composite Naples Beach R-83 to R-84 1988 0.29 1.53 0.70 1990 0.29 1,12 0.90 Pre-EPM 0.28 1998 0.21 1.18 0.67 2003 0.28 1.76 1.26 Post-EPM 0.19 Reach Average Composite Sand Sampling Locations: 1988 -20, O, +50, +100, +150 feet from Shoreline 1990 +1.5, -5.0, & -9.0 Ft. NGVD 1998 Berm, Foreshore & Toe of Fill 2003 Berm, MHW, MTL, MLW, -3, Trough, Bar, -6.5, -9' NGVD Pre/Post-EPM: Pre- and Post-Construction Grain Size derived using the Equilibrium Profile Method and the 1995 and 2002 beach profilers, L l l l 1 In 1998 sand samples were collected at the berm, foreshore and toe of fill to meet permit conditions, which may show a higher composite value. In 2003, a more comprehensive sand sample collection was undertaken, with 10 samples collected across the entire profile. These samples were taken after rocks and shell were removed from the beach and coarse truck haul sand was placed on eroded beaches. The average composite mean grain size for 1998 and 2003 were 0.33 mm and 0.24 mm, respectively. The impact of rock cleaning is evident in these values, and in a comparison of data at R-27, R-64 and R-73 in Table 3. SAND SOURCE COMPATIBILITY AND ASSOCIATED DESIGN CONDITIONS The compatibility of the borrow areas for renourishment depends not only on fill grain size, but also the slope of the new beach created with this sand. In general, only a few of the project area beaches are compatible with the finer sand borrow area (N5). The borrow area sands are incompatible either because the sand is too fine or the equilibrium profile created by the sands will cover or encroach on nearshore hardbottom. Both borrow areas contain sands that appear to be lighter in color than the existing beach. If sand finer than the existing beach are used for renourishment, an additional quantity of sand called overfill will be needed to compensate for the flatter slope of the new beach. If this quantity is large, the finer sand source may become expensive. Sand with a grain size equal to or greater than the existing beach can also be unsuitable, if their equilibrium shape extends far enough offshore to cover hardbottom habitat. In some locations in the project area, sand matching the existing beach cannot be used, since the equilibrium toe from the last project or the depth of closure are at or near existing hardbottom. Two primary borrow areas have been identified for the project area. Borrow Area N5 is located 5 miles offshore of southern Naples Beach. It contains sand similar to thc 1995/96 project, in a setting where dredging can segregate the sand from thc rock layers with the right equipment and controls. The good sand layer extends betxveen 1' to 6' below the surface, and can be effectively excavated with a hopper or dustpan dredge, avoiding the rock layers. Borrow Area T1 is located 33 miles from Vanderbilt. It is a large sand ridge. With cut depths averaging 10 feet, dredging quality assurance will be easier for this borrow area, although the distance xvill increase cost. For design purposes, we will use the average grain size value of 0.21 mm for Borrow Area N5, and assume it is size wise compatible with the existing beach. For Borrow Area TI, a grain size of 0.27 mm is selected to determine an equilibrium profile and evaluate potential coverage of nearshore hardbottom. In Longboat Key a beach using coarser sand than the native material was constructed in 1995. Under these conditions, the equilibrium toe of the adiusted beach can terminate in the natural bar, as illustrated in Figure 3 based on the Longboat K~y experience. In addition, using a grain size of 0.27 mm is below the average grain size for Borrow Area T1, which provides a safety factor. 6 12 6 "' NATIVE "' BEACH 42 (0.2:!. mm) 1996/97 FILL (0.43 mm) NGVD 1993 FILL (0.18 mm) ~IOST 1993 SAND MOVED OFFSHORE -18 I J I I -200 0 200 400 600 800 1000 OFFSHORE DISTANCE (FEET) FIGURE 3. LONGBOAT KEY COMPOSITE PROFILE (AUGUST 1997) Bcach and Borrow Area sand characteristics are summarized in Table 2. The compatibility of the sand is evaluated using Dean's Equilibrium Profile Method (EPM) and comparing the equilibrium toe of fill to the location of nearshore hardbottom. The overfill ratio in Table 1 represents the multiplier needed to adjust the design volume to compensate for the difference in grain size. As an example, Pelican Bay needs 131% more sand if Borrow Area N5 is used compared to a sand source that matches the existing beach sand. A lower ratio indicates a better engineering performance and compatibility of the fills sands. The overfill calculated by EPM using Borrow Area N5 shows a high quantity for Pelican Bay, Naples Beach (R-64) and Port Royal (R-84). Borrow Area N5 sands are incompatible for Pelican Bay principally because the sand will encroach on the hardbottom, even though the existing depth of closure and hardbottom have a good separation. The beach toe would advance another 160 feet offshore using Borrow Area NS. North Naples is already encroaching on the hardbottom. In the Port Royal area, hardbottom is intermittent and far offshore. In addition, the shape of the beach profile in this area indicates a finer grain size that the actual sand size measurement, which is an anomaly. Borrow Area N5 sands may be compatible. Profiles where no or little sand can be added using a similar sand borrow area are listed below. At these locations, the equilibrium t6~,' of fill'or depth of closure is at or near the edge of hardbottom under existing conditions, and therefore coarser sand must be used (see Figure 4 example). Vanderbilt Pelican Bay Park Shore Naples R~21, 28, 29, 31 R-32, 38, 40, 41 R-42, 44, 45, 46, 48, 49, 50, 51, 53, 55, 56 R-59, 60, 64, 65 A safety factor can be applied to the coarser sand profile. Beach profiles are steeper behind reefs and emergent nearshore hardbottom. Methods have been developed to adjust for this condition. This adjustment was not made in design, which will provide an additional safety factor to the design of the coarser sand profile. 10 -15 PARK SHORE PROFILE R-51 ; ...................... ~ ~-.....~.~ ,, . HARDBOTTO~ EDGE 100 200 300 400 500 600 700 800 DISTANCE (FEET) FIGURE 4. EQUILIBRIUM PROFILE COMPARISON HARDBOTTOM COVERAGE The hardbottom has been surveyed nearshore and in the vicinity of the borrow areas using side scan survey techniques. The nearshore hardbottom is being investigated, and the results of recent dives generally confirm the line establish by side scan survey results. The County's goal is to avoid hardbottom coverage. In the nearshore region, h~ardbottom coverage or encroachment can occur at selected locations if sand similar in size to the existing beach is used as nourishment material, as illustrated in Figure 4. The location of the potential coverage is indicated above. The use of sand from Borrow Are/t/TI can prevent hardbottom coverage for all alternatives, except for the highest renourishmcnt interval alternatives at selected profiles. Potential hardbottom habitat was discovered near the borrow areas. The borrow area borders were selected to have a 400 foot buffer from any potential site, which should avoid any impact. RENOURISHMENT ALTERNATIVES Alternatives for renourishment of North Collier County include the placement of between 0.5 to 1.2 million cubic yards of sand on the beaches of Naples, Vanderbilt and Park Shore starting in late 2004. The initial project alternative focused on renourishing the beaches within 1995/96 project limits using the close sand source Borrow Area N5. Alternative 2 will substitute coarser sand from Borrow Area T1 where Borrow Area N5 sands are incompatible. Consideration is given to extending the Vanderbilt and Park Shore areas 1,000 to 4,000 feet alongshore to increase project longevity without impacting nearshore hardbottom as a third alternative. Subject to local agreements, the project may be extended to include the North Park Shore to Clam Pass, Pelican Bay and Port Royal. Small groins are considered as an alternative to a long- term renourishment plan in southern Nap]es. The beach width design standard is derived from the implied design of the 1996 project. The beach width is 100 feet from a baseline at the back of the beach to the MHW line. The baseline is at the seawall, edge of vegetation or equivalent at the landward edge of the sandy beach. The goal is to maintain this sandy beach width for the design life of the project. _The initial design life of 6-years ,,vas selected to minimize impacts to hardbottom areas. The last alternative considers a larger renourishment interval. Alternative 1: Renourish Existing Project Area with the Near sand Source The first alternative would restore the 1996 project to its post-construction condition. The 1996 project had a design total beach width of between 85 and 100 feet. This beach width would be reestablished with 6 years of advanced nourishment. Six years the advance nourishment is selected to minimize impacts to nearshore hardbottom. This alternative would use the close borrow area (N5) which has sands similar to the nourished beach, but without the rock content. This alternative proved to be infeasible in many areas, especially south Vanderbilt Beach, Park Shores and North Naples Beach. The equilibrium slope created by a new beach built would cover or encroach on the hardbottom at three or more locations in each of the project areas (Figure 4). In addition some project areas already contain relatively coarse sands and a beach constructed out of Borrow Area N5 sands would require significant overfill to achieve the desired beach width extension. Alternative 1 can be applied only to selective shoreline segments within the project area. Alternative 2: Renourish Existing Project Area with Co~irser Sand Source Borrow Area TI contains sand with an average gain size of 0.29 mm. When this sand is placed on the beaches of Vanderbilt, Park Shore and Naples the equilibrium profile achieved is steeper and toes out significantly landward of the hardbottom (Figure 4). The use of Borrow Area T1 sands is more expensive than the close sand-source but it allows us to place fill on beaches otherwise restricted from 'any fill. In ~e-existing project areas coarse sand fill is recommended between R-26 and R-30 on Vanderbilt Beach all of Park Shore Beach and between R-58 and R- !i_._ 66 on Naples Beach. In addition, if other areas such as North Park Shore or Pelican Bay are included in the project they will need to use the coarse sand from Borroxv Area T1. Pelican Bay has naturally coarse sand beaches and nearby hardbottom, and can only be feasibly filled usink coarse sand. Alternative 3: Lengthen the Fill Lengths to Reduce Alongshore Losses This alternative investigated increasing the alongshore length of the initial beach segments for Vanderbilt and Park Shore by 1,000 to 4,000 feet. By increasing the length of the beach fill the constructed beach width can be reduced by approximately 10 to 20 feet, thereby reducing the chance of impacting nearshore hardbottom. In practice, implementing this alternative proved to be impossible using Borrow Area N5 sands, since the hardbottom prevented any fill placement. This alternative would be practical in the Naples project segment. In Naples beach in order to re- establish the 1996 design conditions, fill is not needed at every profile line, but there are downdrift effects due to the County pier and the pile groins that could benefit from fill placed on the adjacent beaches. In these particular areas, a minimum fill volume of 10 cubic yards per linear foot is recommended on the adjacent beacl.les to stabilize fill in the critical areas. In addition, a 1,000 to 2,000 foot lengthening of Park Shore recommended using coarser fill to stabilize the core project area. alternative is 564,300 cubic yards (Table 4). and Vanderbilt Beach is The sand volume for this Alternative 4: Add New Segments to Project with Phasing Alternative 4 considers adding Barefoot Beach, Pelican Bay, North Park Shore and Port Royal in tl.le south of Naples Beach. Based on a 100 foot/85 foot total beach xvidth standard, all of these segments are in need of nourishment to establish the design width and place advanced nourishment. It appears that Barefoot Beach and Port Royal could be successfully nourished using the close Borrow Area N5 sands which would be an economical choice. But they would perform better using the coarse sand material from Borrow Area T1 if that is within their budget. Pelican-Bay and North Park Shore would need to be nourished using sands from Borrow Area T1 for both performance and avoidance of hardbottom coverage. The project can be constructed in phases to meet administration and budget limitations, but each will have to shoulder Full mobilization cost. The sand volume for this alternative is 1.1 million cubic yards (Table 4). Alternative 5: Extend Renourishment Interval by 2 to 4 Years The basic plan considered in Alternatives 1 through 4 used a 6-year renourishment interval. This interval was selected to minimize the potential impacts' to nearshore hardbottom. The coarse sand borrow area is recommended, therefore an extended renourishn.lent interval is feasible. Most of the areas within Vanderbilt and Naples beach areas can accept two to four years additional advanced nourishment without threatening 'hardbottom. Park Shore can accept additional advance nourishment at most profile locations but in some areas it will begin to encroach on the hardbottom between the 6 and 10-year advanced nourishment volume. These areas should be filled to the maxim'urn extent possible without impacting the hardbottom. The cost of the extra fill from Borroxv Area T1 may make using additional 2 to 4 years of advanced nourishment impractical due to expense. The sand volume for this alternative based on an additional 2 years is 1.22 million cubic yards (Table 4). TABLE 4 DESIGN VOLUME ANALYSIS :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::5:::: ::::::::::::::::::::::::: ::5 :ALIERNATIVEVOLUME C :OiMPAR SION :::::ii::i:!:i::i:i:PROjECTSEGMENTi:i::::i !ii!iii!!iii:!i!i!i~ENG'rH!ii i !iiAl(T3 !!i iiiii~i4;:: ' A'L~5 ~:::~ ~: ~:~: ~:~:~:~:~AN'D;~HA'SE:~ ~ ~ ~ ~ ~?~{:F~)~:~:~:~: :~: :~:~C~ ~ ~ ~ ~: ('cy)??:::~::: PHASE I - RENOURISHMENT VANDERBILT BEACH R21 - R31 10,220 109,119 109,119 126,606 PARK SHORE R48 - R55 7,410 140,021 140,021 163,241 NAPLES BEACH R58 - R79 19,408 315,188 315,188 359.996 ~HASE II - INITIAL NOURISHMENT PELICAN BAY R31 - R37 7,067 0 63,209 63,855 NORTHERN PARK SHORE R43.5 - R48 5,571 0 45,714 46,771 PORT ROYAL R79 - R89 10,121 0 170,275' 170,3231 PHASE III - EMERGENCY TRUCK HAUl BAREFOOT BEACH R1 - RIO 9,742 0 254,696 287,903 PHASE I 37,038 564,328 564,328 649,842 PHASE II 22,759 0 279,197 280,949 PHASE III 9,742 0 254,696 287,903 TOTAL 69,539 564,328. 1,098,221. 1,218,694 ,ND VOLUMES INCLUDE 1,000 FT TAPER SECTIONS. Alternative 6: Use Upland Sand Sources Upland sand sources are more expensive than using Borrow Area T1 sands, but can be practical for emergency response requirements and to address small hot spots as they occur between renourishments. The Park Shore project has the greatest difficulty in achieving the design objective without encroaching on hardbottom. Planning for a truck haul project at a strategic time can extend the life of the initial fill, therebY reducing the threat to the nearshore hardbottom. Special Segment and Feature Discussion Barefoot Beach The developed region of Barefoot Beach has lost 14 feet in the last 3 years and 44,000 cubic yards of sand. This rate of shoreline recession and volumetric change is high and warrants further monitoring and perhaps renourishment. The Barefoot Beach area has not been surveyed for nearshore hardbottom and cannot be permitted for a nourishment project at this time. Barefoot Beach should be considered for an emergency truck haut project should this condition continue prior to obtaining a permit for nourishment. North Keeywadin Island Keey~vadin Island has recently received some beneficial changes. The jetty has been improved and structures have been added to the beach. In addition the USACE has recently completed dredging of Gordon Pass and placed 105,000 cubic yards on the beach. The quantity of material placed on Keeywadin Island appears to be greater than the erosion rate between 1996 and 2001 therefore it is recommended that this reach be monitored during annual surveys to see how the recent improvements are working. Dune and Vegetation Restoration Dunes, berm caps and vegetation are being planned for selected locations in the project area, and plans will be provided when completed. Structural Alternates A structural alternative is evaluated for south Naples Beach (Port Royal). Historically, this region has contained many structures, and the state of erosion is encouraging thc reconstruction of straight groins at strategic locations. Recent beach monitoring has shown a moderate downdrift benefit from the north Naples Beach nourishment project. Sand volume has increased without a proportional increase in beach width. It appears that the sand in the littoral drift is finer than the existing beach and it is causing the formation of a flatter offshore beach profile. Over the long term, this downdrift benefit could eventual build the desired beach width. The region has a Iow net littoral drift rate, which is not optimal for straight groins. T- head groins like those recently installed near Gordon Pass, appear to perform well in a low net littoral drift environment. The Naples Pier'and pile cluster groin appear to cause a moderate downdrift effect, which needs to be considered when installing nexv structures. A few groins (straight or T-head) may be a less expensive solution than a beach nourishment project and could address the er6sion problem. The existing beach is growing slowly, and a restoration project can bring it to its desired xvidth much sooner than this natural growth., Given the down drift benefit, future renourishment requirements may be small, ag long as north Naples is periodically renourished. Beach nourishment with monitoring is recommended, if the cost is not the major concern. !- 12 DETAILS OF CONSTRUCTION The renourishment projects proposed for North Collier County can be constructed using more than one procedure. The methods include use of a · Hopper dredge with standard beach fill placement · Cutterhead dredge with a spider barge and scowls (similar to the 1996 project) · Combination of the first two · Truck haul project using upland sand source. The County's desire is to use a hopper dredge so that any rocks in the fill material can be separated before placement on the beach. Due to the geographical setup of the Collier project area, with shallow nearshore waters, a hopper dredge may not be the most economical procedure. A description of the process is as follows: Both Borrow Areas N5 and T1 can be dredged using a hopper dredge. Hopper dredges are a powered vessel with a drag arm designed to remove sand off the bottom in thin layers. The hopper dredge is underway when it dredges the sand from the bottom. The sand removed off the bottom is disposed of in a hopper or bin within the vessel. The County desires that a screening process be included in the hopper dredging method. This is accomplished by placing a grizzly or screen in the flow of the material to the bins of the hopper. The grizzly will sort rocks greater in size than ¼ to 1-inch and place them in a separate part of the hopper for future disposal. Hopper dredges moor at a pump out location, which is connected by a submerged pipeline to the shore. As a rule of thumb, the pump out station needs to be in 24 feet of water which is approximately 2.5 miles offshore in the Collier County area. Large hoppers may need up to 35' feet of depth, while smaller hopper dredges can download in shallower waters. This is a long pumping distance for a hopper dredge and will necessitate the use of a booster pump (or two) some place in the process. In addition, the project area is spread out along 17 miles of coastline, with the highest density fill areas scattered along this reach. The fill areas are separated by the inlets. This will necessitate frequent movements of the 2.5 mile long submerged pipeline during construction so that the pumping distances can be minimized. The second construction method is similar to that used in Pinellas County for the Sand Key project in 1998 and the 1996 Collier County project. There are a number of variations to this method, and one may be the least expensive procedure for constructing the beach. Borrow Area T1 has cuts averaging 10 feet in the borrow area and it is conceivable that a dredging plan satisfactory to the County can be devised without using a hopper dredge. This method would entail using a cutterhead or hydraulic dredge to move the sand. from the borrow areas to scowls. A spider barge apparatus is often used in this process to facilitate the transfer of sand from the dredge to the scowl. It is impractical to screen rocks during this type of process. Once the scowls have been filled, they are moved ~ an oftghore unloading point. A scowl can unload in significantly shallower water than a hopper dredges, which is why this process may be less expensive that the hopper process. The scowls are emptied using a hydraulic offioader. The sand suspended in a slurry moves through a pipeline and is deposited on the beach in a fashion similar to that used for standard cutterhead projects, but with generally smaller pipeline diameters. This method may be acceptable if it could be proven that there is no risk of rocks being placed on the beach and is approved by the Collier County Board of Commissioners. Borrow Area T1 is at a low risk for dredging rock using a cutter or hydraulic dredge. Borrow Area N5 has cut depths of only 1 to 5 feet thick and it may be impractical for the County to approve its use with this method. There is a cost savings to this process compared to use of a hopper dredge. It amounts to a few dollars per cubic yard. To the maximum extent possible, the method of construction of the Phase I and Phase II projects will be left to the bidding process, subject to final permit conditions and County direction. Both methods are being submitted for permitting, subject to final approval methods. The third procedure is to use upland sand sources. The Ortona sand source with a grain size of 0.30 mm or coarser makes excellent beach fill material. This method is proposed to address hot spot or small emergency situations between renourishments. The hopper dredge or spider barge processes will require a pipeline corridor. The pipeline corridor for hopper dredge will have to be at least 2.5 miles long to reach the 24 foot depth contour offshore. The project plans to use the pipeline corridors established in the 1996 project to the maximum extent possible, especially the ones established for Vanderbilt, Park Shore and North Naples beach where the hardbottom restricts bottom access to the nearshore area. New pipeline corridors will be mapped and investigated. There is a great concern about the quality of sand that will be placed on the beach. A quality assurance plan will be developed commensurate with the construction method and borrow area. The quality assurance plan will address sampling requirements by 'the contractor, tracking requirements for the cutterhcad or drag head, electronic tracking equipment and responses to unsuitable material. The quality assurance plan will be modeled on other plans currently in development and under negotiations with the permit agencies. PERMIT CONSTRAINTS Tile county should seek a long-term multi-use permit, covering multiple renourishments and emergency projects using different sand sources and methods of delivery. The permit should address beach maintenance between major renourishments, including grading the beach to return it to the design profile shape, and truck haul projects to address erosion hotspots that may develop. The plans are being developed to avoid direct impact to resources such as nearshore hardbottom. COST ANALYSIS The cost of tile project is principally a function of distance to the borrow areas, cut depths and shallowness of the nearshore .bathymetry. Grain size, water depth at the borroxv area, and equipment also play a. rolb. The preliminary cost estimate is based on experience derived for the !4 Captiva Island project in 1996, the Sand Key Project in Pinellas County in 1998, and discussion with Great Lakes Dredge and Dock (August 2003). Construction Method Mobilization ($) Unit Cost ($/c¥) Small Hopper Dredges using Borrow Area N5 Large Hopper Dredge Using Borrow Area T1 Cutterhead Dredge with Scowls $1,200,000 $6.00 to $7.00 $1,200,000 $17.00 $2,000,000 $14.00 The project costs for the main alternatives are provided in Table 5. The costs are a construction estimate based on the above rates and 5% for construction supervision and administration. The common costs including mobilization and construction supervision is weighted and distributed by the length of each reach. Cost are based on one mobilization. The cost of Alternative 3, renourishment of the 1996 project, is $8.8 million. TABLE 5 CONSTRUCTION COST ANALYSIS ' : ::' :': :; ::':':;:AND PHASE ::::-:-7.7.; ;.7 :: ;:. MIX::;; ::::COARSE ::2;7:;' MIX'.::;:: :'COARSE: :7:':'::MIX'"7:':' :;COARSE PHASE I - RENOURISHMENT VANDERBILT BEACH R21 - R31 $1,768,72C $2,335,062 $1,594,088 $2,177,394 $1,826,475 $2,489,727 PARK SHORE R48 - R55 $2,704,335 $2,728,405 :$2,577,723 $2,614,092 $2,979,620 $3,019,737 NAPLES BEACH R58 - R79 $4,333,591 $6,269,783 $4,001,970 $5,970,375 $4,486,383 $6,760,688 PHASE II - INITIAL NOURISHMENT PELICAN BAY R31 - R37 SC $0 $1,262,769 $1,297,455 $1,280,583 $1,318,842 NORTHERN PARK SHORE R43,5 - R48 SC $0 $925,530 $952,876 $948,885 $979,041~ PORT ROYAL R79- R89 SC $0 $1,291,219 $3,213.916 $1.301,295 $3,229.644 PHASE III - EMERGENCY TRUCK HAUL BAREFOOT BEACH R1 - R10 $0 $0 $2,042,361 $4,637,142 $2,284,223 $5,215,994 PHASE I $8,806,645 $11,333,250 $8,173,71~2 $10,761,861 $9,292,477 $12,270,152 PHASE II $0 $0 $3,479,518 $5,464,246 $3,530,762 $5,527,53~ PHASE III $0 $0 $2,042,361 $4,637,142 $2,284,223 $5,215,99,1 TOTAL $8,806,645 $11,333,250 $13,695,661 $20,863,249 $15,107,463 $23,013,6821 NOTE: COSTS INCLUDE ESTIMATES FOR DREDGING. MOBILIZAT~)N ANr~ CONSTR[JCTION ADMINISTRATION (COMMON COSTS DISTRIBUTED BY LENGTH) 15 RECOMMENDATIONS The County should implement the largest project affordable using the coarse sand source (T13. This will provide a project with the longevity and performance needed to reduce impacts and intrusions to the beach area while avoiding impacts to the nearshore hardbottom. Borrow Area TI (far and coarser) will provide superior performance compared to Borrow Area N5 (close and finer). If economy becomes a concern, Borrow Area N5 can be refined to maximize its performance, and can provide for an acceptable beach project in selected reaches. REFERENCES Coastal Engineering Consultants, Inc., Collier County Beach Restoration Project, Post- Construction Monitoring Report, File No. 96.001, November 1996. Coastal Planning & Engineering, Inc., Collier County Beach Restoration Project 7-Year Monitoring Report, August 2003. P:\Collier\8500.09 - Renourishment Engineering Report\ExSum.doc COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR ELEVEN (11) MONTHS ENDING AUGUST 31, 2003 GENERAL FUNDS Water Community Street Rev./Exp. total Rev/Ex! F.Y. 2003 Favorable % of M~t. Beautification Li hts Thru Au~. Budget Unfavorable Budget Revenue Interest Income $5,582 $34,027 $9,913 $5,937 -$14,371 $55,459 $75,300 ($19,841) 73.65°0 Plan Review Fee Income $0 $0 $0 $0 $0 $0 $5,000 ($5,000) 0.00% Interfund Transfers $0 $0 $0 $0 n/a $0 $0 $0 rea Miscellaneous Income $226 $689 $202 $0 $370 $1.118 $0 $1.118 0.00°0 Assessment or Ad-Valorem Tax Levy $477,636 $1,455,526 $205,912 $420,150 $150 $2,559,224 $2,651,000 ($91,776) 96.54°o Unappropriated Fund Balance $0 $0 $0 $0 $0 $0 $330.520 ($330.520) 0.00% Total Revenue $483,443 $1,490,242 $216,028 $426,088 -$13,851 $2,615,800 $3,061,820 ($446,019) 85.43% NET REVENUE Other Fees & Charges Property Appraiser $7,453 $22,734 $3,905 $4,568 $1,403 $38,661 $54,100 $15,439 71.4600 Tax Collector $9,572 $29,213 $4,159 $8,445 $0 $51,389 $82,000 $30.611 62.67°0 Revenue Reserve $0 $0 $0 $0 $0 $0 $139,500 $139.500 0.00% Total Other Fees & Charges $17,025 $51,947 $8,065 $13,013 $1,403 $90,050 $275,600 $185,550 32.67% $466,418 $1,438,295 $207,963 $413,075 -$15,254 $2,525,750 $2,786,220 ($260,469) 90.65°~1 Appropriations - Personal Services Personal Services - Admin. Personal Services - Field Total Personal Services Appropriations - Operations Administration Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent- Equipment Lease Purchase Dell Computers Insurance - General Direct Client Support Printing or Binding - Outside Vendors Clerks Recording Fees, Etc. Legal Advertising Reimbursement for Prior Year Revenue Office Supplies - General Copying Charges Minor Office Equipment Computer Sottware Other Training & Educational Exp. Other Operating Supplies Total Administration Field Services Engineering & Consultants Berm & Swale Maintenance Water Quality Testing Plan Review services Water Use Charges Replanting Program $41.092 $42,122 $33,992 n/a $8,790 $117,207 $127,600 $10.393 91.85°o $102,069 $559,396 $28.306 n/a $55,810 $689,770 $783.900 $94.130 87.9900 $143,161 $601,518 $62,299 $0 $64,600 $806,977 $911,500 $104,523 88.53% $111.900 $0 $9,900 $800 $61.300 $122,600 $122.600 $0 100.00% $14,866 $19,866 $14.520 n/a $4,380 $49,252 $69,000 $19.748 71.38% $384 $336 $432 n/a $80 $1,152 $2,000 $848 57.60% $2,128 $2.125 $1,330 n/a $506 $5,583 $10,500 $4,917 53.17% $1,670 $1,707 $986 n/a $291 $4,362 $13,000 $8.638 33.56°o $7,970 $8,212 $7,970 n/a $2,032 $24,153 $23,900 ($253) 101.06% $719 $719 $719 n/a $209 $2.158 $3,700 $1.542 58.32% SI,114 $0 $0 ~a $0 SI,114 $1,200 $86 92.80% $3.000 $500 $400 n/a $0 $3,900 $3.900 $0 100.00% $3.050 $3.272 $3,000 n/a $0 $9.322 $900 ($8,422) 1035.78% $3,475 $3,478 $0 n/a $6,000 $6,953 $4.000 ($2,953) 173.83% $0 $0 $0 n/a $0 $0 $4,000 $4.000 0.00% $627 $627 $0 n/a $1,254 $1,254 $6.000 $4.746 20.90% $40,000 $282 $51 n/a $0 $40,333 $40,000 ($333) 100.83% $1.583 $1,545 $768 ~a $206 $3,895 $3.500 ($395) 111.28% $462 $0 $0 n/a $462 $462 $1.900 $1.438 24.32% $0 $299 $0 n/a $0 $299 $600 $301 49.76% $0 $0 $0 n/a $0 $0 $100 $100 0.00% $0 $0 $0 n/a $0 $0 $400 $400 0.00% $89 $0 $0 n/a $0 $89 $800 $711 11.08% $193,036 $42,967 $40,076 $800 $76,720 $276,879 $312,000 $35,121 88.74% $4.870 $0 $0 ~a $215 $4,870 $13.070 $8.199 37.26% $0 $0 $0 n/a $0 $0 $5.000 $5,000 0.00% $10.078 $0 $0 n/a ~ $0 $10.078 $14.000 $3,922 71.99% $0 $0 $0 n/a $0 $0 $5,000 $5.000 0.00% $0 $75.290 $0 ~a $5,459 $75.290 $95,000 $19.710 79.25% $0 $33.250 $0 ~a $2.315 $33.250 $42.300 $9.050 78.60% Page 1 PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR ELEVEN (11) MONTHS ENDING AUGUST 31, 2003 GENERAL FUNDS Water Community Street Mgr. Beautification Lights Other Contractual Services $54,508 $192,785 $3,822 Per Diem - Conferences, Schools $0 $609 $0 Motor Pool Rental Charge $0 $610 $0 Telephone - Direct Line $0 $962 $0 Cellular Telephone $1,669 $1,779 $1,637 Postage, Freight & Ups $5 $648 $0 Electricity $0 $1,019 $18,512 Trash & Dumpster Fees $6,617 $28,707 $0 Rent Equipment $415 $4,975 $0 Insurance General $1,800 $7,800 $700 Auto Insurance $2.800 $5,600 $900 Sprinkler System Maintenance $0 $25,727 $0 Maintenance - Landscaping $0 $40,594 $0 Autos & Trucks R&M Outside Vendor $0 $0 $0 Fleet Maintenance - Labor $166 $6,388 $0 Fleet Maintenance - Parts $96 $5,676 $0 Fleet Maim. Non ISF $0 $0 $0 Boat R&M $0 $0 $0 Other Equipment R&M $298 $946 $0 Printing - Outside Vendors $0 $0 $0 Photo Processing $0 $0 $0 Licenses & Permits $20 $450 $0 Copying Charges $436 $41 $0 Uniform Rental $995 $4,985 $0 Chemicals $52,779 $29,791 $0 Fuel & Lubricants - Outside $0 $868 $0 Fuel & Lubricants - Inside $2.506 $16.182 $0 Minor Operating Equipment $0 $4,376 $0 Other Training & Educational $0 $1,085 $0 Other Operating Supplies $5,276 $81.369 $14,808 Total Field Services $145,336 $572,511 $40,379 Rev./Exp. fotal Rev/ExI F.Y. 2003 % of ust Thru Aug. Budget Budget n/a $22,076 $251,115 $374,900 $123,785 66.98% n/a $0 $609 $0 ($609) 0.00% n/a $0 $610 $0 ($610) 0.00% n/a $0 $962 $0 ($962) 0.00% n/a $252 $5,085 $5,800 $715 87.68% n/a $0 $653 $200 ($453) 326.48% n/a $0 $19,530 $31,500 $11.970 62.00% n/a $222 $35,324 $20,900 ($14,424) 169.02% n/a $8 $5,390 $9,000 $3,610 59.89% n/a $0 $10,300 $10,300 $0 100.00% n/a $0 $9,300 $9,300 $0 i 00.00% n/a $955 $25,727 $20,000 ($5.727) 128.63% n/a $0 $40,594 $53,200 $12.606 76.30% n/a $0 $0 $1.000 $1.000 0.00% n/a $685 $6,554 $7,900 $1,346 82.96% n/a $612 $5,772 $12.300 $6.528 46.92% n/a $0 $0 $2,400 $2,400 0.00% n/a $0 $0 $500 $500 0.00% n/a $0 $1,244 $3,000 $1,756 41.47% n/a $0 $0 $200 $200 0.00% n/a $0 $0 $100 $100 0.00% n/a $0 $470 $1,100 $630 42.76% n/a $140 $477 $0 ($477) 0.00% n/a $280 $5,980 $6,800 $820 87.95% n/a $9,552 $82,570 $107.200 $24.630 77.02% n/a $0 $868 $800 ($68) 108.56% n/a $2.200 $18,688 $10.200 ($8,488) 183.22% n/a $0 $4,376 $3,300 ($1,076) 132.60% n/a $0 $1,085 $1.200 $1 ! 5 90.42% n/a $6.705 $101,453 $106.000 $4.547 95.71% Favorable Unfavorable $0 $51,675 $758,226 $973,470 $215~44 77.89% Capital Outlay Capital Expenditures $21,078 $56.948 $25.215 $0 $0 $103.241 $192.150 $88.909 53.73% Total Capital Outlay $21,078 $56,948 $25,215 $0 $0 $103,241 $192,150 $88,909 53.73% Security Personal Services $0 $0 $0 $0 n/a $0 $0 $0 0.00% Other Contractual Services $0 $0 $0 $311.556 $34.880 $311.556 $397.100 $85.544 78.46% TotaiSeeurity Operations $0 $0 $0 $311,556 $34,880 $311,556 $397,100 $85,544 78.46% TOTAL $502,611 $1,273,944 $167,969 $311,556 $227,875 $2,256,080 $2,786,220 $530,140 80.97% Net Income from Operations Fund Balance ~ 10/1/02 Fund Balance August 31, 2003 ($36,193) $164,351 $39,994 $101,518 $243,128) $269.670 $0 $269.670 $305.500 $560,100 $142,000 $145.700 n/a $1,153.300 $1.015.800 $269,307 $724,451 $181~94 $247,218 $1,422,970 $1,015,800 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay $189.707 $561.051 $175.194 $242.218 ~ $1,168.170 $371.000 $79.600 $163.400 $6,800 $5.000 $254.800 $254.800 Notes: Fund Balance at 10/1/02 (actual) includes Reserve for Encumbrances of $50,519.62 FY 2003 Unappropriated Fund Balance Bu ,dget inchldes $5ff,5]1,9.,62 of Rolled Encumbrances and a $40,000 B.A. in Water Management Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR ELEVEN (11) MONTHS ENDING AUGUST 31, 2003 CAPITAL PROJECTS FUNDS Revenue Interest Income Miscellaneous Income Interfund Transfers Clam Bay Uninsured lrr. & Land. Rev./Exp. Total Rev/Exg F.Y. 2003 Favorable % of System Assets Analysis August Thru Aug. Budget Unfavorable Budget Assessment or Ad-Valorem Tax Levy Unappropriated Fund Balance Total Revenue Other Fees & Charges Property Appraiser $0 Tax Collector $44 Revenue Reserve $0 Total Other Fees & Charges $44 NET REVENUEII $438,352 $0 $30,881 $11,026 $0 $41,907 67,700 ($25,793) 61.90% $1 $0 $75,614 $48 $75,615 0 $75,615 n/a $436,200 $0 $150,000 $0 $586,200 586,200 $0 100.00% $2,195 $0 $260,759 $1 $262,954 272,600 ($9,646) 96.46% $0 $0 $0 $0 $0 524,304 ($524.304) 0.00% $438,396 $30,881 $497,399 $49 $966,676 $1,450,804 ($484,128) 66.63% $0 $4,205 $0 $4,205 $5.500 $1.295 76.45% $0 $5,000 $0 $5,044 $8,500 $3,456 59.35% $0 $0 $0 $0 $14.300 $14.300 0.00% $0 $9,205 $0 $9,249 $28,300 $19,051 32.68% $30,881 $488,194 $49 $957,427 $1,422,504 ($465,078) 6731'/.[I Appropriations: Engineering & Consultants $155,629 Other Services $ ! 95,100 Capital Outlay n/a TOTAL APPROPRIATIONSll $350,729 $0 $268,167 $87.623 $30,881 $220,027 $437.200 $1.140.300 $400.036 $524,823 $1,171,181 $620,063 n/a $0 ($141) $155,629 $303,464 $147,834 51.28% n/a $213,399 $33,460 $408,498 $853,529 $445,031 47.86% $0 $54,768 $34,082 $54,768 $265.512 $210,744 20.63% $67,401 $618,895 $1,422,504 $803,609 43.51%t] ($67,352) $338,531 $0 $338,531 n/a $1,977,536 $1.322.000 $2,316,067 $1322,000 Net Income from Operations Fund Balance (~ 10/1/02 (Actual) Fund Balance (~ August 31, 2003 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay $524,823 $0 $497,963 $1,022.786 $0 $0 $1.171.181 $122,100 $1,293,281 $1.322.000 Notes: F.Y. 2003 Budget for Fund Balance At ! 0/1/02 (Actual) includes Reserve tbr Encumbrances of $176,604.16 F.Y. 2003 Budget for Unappropriated Fund Balance includes $176.604.16 in Rolled Encumbrances. Page 3 COlLaR COUN GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 ° Naples, Florida 34108 ° (239) 597-1749 · Fax (239) 597-4502 Fiala ~ Halas ~----~// -- Henning~ ,~'/ - Coyle - v - Coletta -- ~/ - NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB- COMMITTEE AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 1,2003 AT 1:00 P.M. AGENDA 2. 3. 4. o Roll Call Approval of Minutes of the June 26, 2003 Meeting Beach Re-nourishment- Ron Hovell Improvement Projects Seagate Culverts Hydrographic Report Cattails Foundation Boardwalk Renovation Audience Participation Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. 16 ! CLAM BAY SUB-COMMITTEE MINUTES - June 26, 2003 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, June 26, 2003 at 3:00.P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke (absent) Mr. John Domenie Mr. George Werner ALSO PRESENT: Six (6) Pelican Bay residents; Ms. Kara Cave and Mr. Tim Hall, Turretl & Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 6. 7. 8. Roll Call Approval of Minutes of the April 16, 2003 Meeting Improvement Projects Hydrographic Report Mangrove Water Level Monitoring Interior Channels Channel Map Proposed 2003 Channels North Berm Channels Bay Colony, The Strand - Plan Review Beach Renourishment - David Roellig Audience Participation Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show Mr. James Burke with an excused absence. APPROVAL OF MINUTES OF THE APRIL 16, 2003 MEETING Mr. Werner asked, "Mr. Hall, while we were talking about the possible reconnect to Vanderbilt Lagoon, you said that as far as the tidal prism is concerned, it does not go all the way to the open water in Clam Bay and if that is the case, where does our stormwater go"? Mr. Hall replied, "From Systems V and VI, the water stages above where the high tide level is and it still flows through that area". When I was talking about the prism as far as where the normal high tide level is, the elevation is approximately 1.5-1.7mgvd. There are a couple of areas behind the Ritz that are approximately 2', so in the normal course of the rise and fall of tides it wouldn't ~o past those areas behind the Ritz. where the storm 287 CLAM BAY SUB-COMMITTEE June 26, 2003 water when it comes through backs up to the point that it gets higher than that and flows through. IMPROVEMENT PROJECTS HYDROGRAPHIC REPORT Mr. Hall stated, "As far as the Hydrographic Analysis is going, all of the field work has been completed, the model has been finished, it has been calibrated and verified and some sample runs have been completed. A draft report has been produced by Humiston & Moore, has been reviewed and commented on by the consultants and we are anticipating the final draft within the next month. Hopefully by the August Meeting there will be a Report available to be presented to the entire Pelican Bay Services Division Board. This Report deals with the way the water moves through the system and changes we could potentially make that would affect the tidal prisms or the ponding of water in the system.Mr. Domenie asked, "Was the Seagate flap gates being on or off taken into consideration"? Mr. Hall stated, "The flap gates were in when this was started, however the calibration occurred after they had been removed". Mr. Domenie asked, "Have we heard anything negative about the flap gates"? Mr. Hall replied, "The original analysis was done and there were discrepancies in the way the data was collected so it produced some skewed results. The data has been recollected and provided to Humiston & Moore, but they have not provided us with the final analysis. However, based on preliminary observation, it does not appear that it is going affect the stability of the pass one way or the other. Mr. Domenie asked, "Without the final comme'nts from Humiston & Moore, wouldn't that affect your study"? 288 CLAM BAY SUB-COMMITTEE June 26, 2003 Mr. Hall replied, "It does not because we are more concerned with the tidal prisms and amplitudes that are further up in the system and whether the flap gates are on or off has absolutely no affect on that. Mr. Hall explained, "The next item is the Interior loggers; the water collection data that we are going to use in connection with the Hydrographic Analysis to see where any potential improvements can be made". The other thing we are looking at is what kind of a change the channels that we are cutting actually has on those areas in terms of water depth and duration of inundation. The loggers are in, the surveyors have completed their work and we have been collecting data since February. Two of the loggers have had to be replaced. One logger located by The Stand was hit by lightening and the one next to the Commons malfunctioned and both recorders have been replaced and we are collecting data again. The recorders are being checked on a monthly basis and are keeping a running log. This allows us to track how the areas are reacting on a daily basis as a result of the tides and we can also correlate these back to rainfall events to see how high the water is staging and how long it takes to return to normal. These are very preliminary, we have less than six months of data, but as we go on we will be able to get a much better picture of what is going on in the system and what we can do to improve it or what affect any worM~D~r~Pe, ske]j:llo"l~o~lt:lrlda,~oereitof those results affect your Hydrographic Report"lglr. Hall replied, "They are used in conjunction with each other, but the Hydrographic Report looks at how the water is moving through the open water areas". The water level monitors are looking at how the water is moving through the forested areas. We are hoping to be able to mesh the two together. If we know how the water is reacting now and see how that same area is reacting after the channel is dug we can more definitely say what kind of affect those channels are having on the mangroves and where we are dJ~ttiDgrllmsqim!ae~l~-~ilneTq,,.,e~f~r~ii~tt~i, ye~r~ ago we deepened the channel from Clam Pass to Inner Clam Bay, but has anybody noticed any silting of that area"? Mr. Hall replied, "It appears to be maintaining itself very well". Because of the nature of those channels and how (~o, nstricted they are, the velocity is keeping them open. 289 CLAM BAY SUB-COMMITTEE June 26, 2003 That velocity decreases as you get further up into the system and one of the things that the Hydrodynamic Modeling is looking at is, if we straighten a couple of those channels to get increased velocity further up into the system not only would we be able to see more of a tidal amplitude, but more flushing and more velocity coming out of the pass which would help to maintain the pass. If we could push that pass opening from a three to a four year event that would be a benefit to the Pelican Bay Services Division. Mr. Roellig asked, "What is the schedule for the surveying of the channels"? Mr. Lukasz replied, "Every three years and next year that work will be performed". Mr. Hall reported, "Most of the field work has been finished and the Hydrodynamic Report will be finalizecl next month". The water level monitors are in and we are now collecting data from those monitors. Mr. Roellig stated, "1 was in The Strand on Tuesday morning and it appears to be relatively well drained". It is hard to tell where you are in the tide cycle in that area because there is such a lag". Mr. Hall replied, "There is about a three hour lag and there is a much smaller amplitude". The water only moves approximately 6 inches, so it is hard to tell. Mr. Roellig stated, "There did not seem to be an excessive amount of water in that area after all of the rain we have had". Mr. Hall replied, 'Where are channels are in The Strand, that area has been reacting very well". As you get into some of the areas where we don't have channels we are seeing that water has ponded and is standing. There is also less regeneration in those areas. INTERIOR CHANNEL~ CHANNEL MAP Mr. Hall stated, "You have been provided an Exhibit which shows the channels that have been dug to date and on that Exhibit the channels that we are proposing to dig this year, as well as the next three years, have been overlaid. Those are areas where we are still seeing water ponding, less re-growth' and feel we/have the best opportunity to increas~Mtb~cegenmst~t~cl, "You say proposed 2003 channels, is that 2003 Budget Year"? Mr. Hall replied, "That is the ~)03 Buctget". 290 CLAM BAY SUB-COMMITTEE June 26, 2003 Mr. Domenie asked, "Most of those channels should have been completed by now? Mr. Hall replied, "No, they are ready to be dug, but a few weeks ago when we talked about doing this work we were asked to bring the plan back to the Clam Bay Sub- committee and the Pelican Bay Services Division Board for final approval before the work was actl~Edl~.~lca's~'stated, "That is one of the reasons this is before you right now". Mr. Domenie asked, "Are you asking us to approve those yellow lines now"? Mr. Hall replied, "Yes". The funds have already been approved and we need your approval to do the work in that location" Mr. Domenie stated, "1 like the channels at the southern end". Over the last four years or so when you travel the northern boardwalk you never used to be able to see anything, but now you can see right through the trees, so presumably this would help that area. Mr. Hall replied, "That is one of the reasons we re-prioritized those channels for this year". We have seen moreponding in that area and there is stress in the mangroves along the periphery. It is one of the areas that is more visible to the most people. Mr. Werner asked, "1 try to pay attention during these meetings, but sometimes my mind wonders. Do any of you recall that they had to come back to us to get approval for this work"? I would think we are sticking our nose into the technical aspects. Mr. Lukasz replied, "We have not in the past, but it was shown on the schedule that when these channels were identified they would go in front of the Sub-committee". We were Updating this map so we wanted to show the 2003 channels. Mr. Werner stated, "It isn't for our technical approval". Mr. Lukasz replied, "No, just to make you aware". Mr. Roellig stated, "1 presume this work is within the budgeted amount". Mr. Lukasz replied, "Yes, there is $15,000 in the budget for construction of new channels". Mr. Domenie stated, "There is $30,000 budgeted". Mr. Lukasz replied, "That includes the engineering, this is actual construction and is estimated to be .$7,500". 291 CLAM BAY SUB-COMMITTEE June 26, 2003 Mr. Werner asked, "Is this about $3.00 a foot and approximately 2,500 feet"? Mr. Lukasz replied, "It depends upon where they are located". Logistically, some of it is very tough digging and other areas it gets a little easier". Mr. Warner asked, "Are we talking about 1,500 - 2,000 feet of channels in Fiscal Year 2003" ? Mr. Lukasz replied, "It is approximately 700 feet. Mr. Domenie asked, "Is there a creek into which these channels feed"? Mr. Hall replied, "Yes, the creek that they feed into is the one that was originally blastedMr. Roellig asked, "Is there a contractor on board for that work"? Mr. Lukasz replied, "Yes, the contractor is out there right now doing the channel maintenance". When the maintenance is finished and this receives the go ahead, we can move forward with the construction of these channels. Mr. Domenie asked, "Do we also have to approve the channels for Fiscal Year 2004"? Mr. Roellig replied, "No, we need to focus on Fiscal Year 2003" IIMr. Warner moved seconded by Mr. Domenie and approved unanimously to approve the proposed channel construction for Fiscal Year 2003 and to proceed with the work. Mr. Roellig asked, "Will the work start in another month or so"? Mr. Hall replied, "The sooner the better". We are starting to get the rains now so we need to get them done and hopefully completed within the next thirty days. NORTH BERM CHANNELS Mr. Hall stated, "1 assume that this is the three cuts that go into the cattail area". Mr. Lukasz stated, "At the last meeting it was brought up and we said that we would discuss the channels that go out to the north berm at the next Clam Bay Sub- commitNleN~ta~ia~ji'~ stated, "The question was, should we install some sort of weir or should we do something about those channels so that we don't have as much drainage"? We can raise the level in the north berm area anywhere from six inches back to the original revel of If~l. ei~allrrell:~ed. "1 think there is a misunderstanding that those channels were dug to somehow affect the battail area, ~hf'ch is not the case". Those channels were dug to 292 CLAM BAY SUB-COMMITTEE June 26, 2003 help get the water out of the mangroves. If we would placeaweir in there and the water again stages up to where it was previously, then the water simply sheet flows into the mangroves. We would get higher water levels and back to the fact that the mangroves would start exhibiting more signs of stress and could end up drowning. Those channels were dug to help move the storm water from the berm into the bay faster. Mr. Domenie stated, "The way l understood it and the way it was stated to us, is the channels were dug to bring saltwater into that system to kill off the cattails". Mr. Hall replied, "It was explained that this could be one of the potential side effects". Once those channels were dug, there could be two way flow and that's what we are seeing right now. Salt water is coming up into the area, so now the cattails are starting to look brown and stressed because of the salt water coming up into the berm. Mr. Roellig stated, "There is kind of a misconception". What we are trying to do is get rid of the freshwater as quickly as possible and is one of the reasons we were looking at bringing the flow from System IV to System III. What we are really looking at is removing freshwater and not to retain it. Mr. Hall replied, "The two areas, Mangroves versus the cattails, are very difficult to manage with the same techniques. Md. Domenie stated, "As I understood the original plan, it was to get saltwater ~nto that area, but saltwater was going to kill the cattails and that is why we were spraying them and that is why we were trying to accelerate it". Mr. Hall replied, "We were trying to accelerate it so that we could plant plants that were more salt tolerant. Mr. Domenie asked, "Are you saying that you want salt water in there now"? Mr. Hall replied, '1 have always wanted salt water in that area, or at least some exchange". Mr. Domenie stated, "If we do succeed, then we are going to have another cattail die off and complaints from everybody". Mr. Hall replied, "That 'is what is happening now". 293 CLAM BAY SUB-COMMITTEE June 26, 2003 Mr. Domenie asked, "If we place a six inch wmr in that area it is not going to really affect how much water flows out of the system and you are never going to have salt water coming into that area". By doing that you will never have to face that problem of having cattails die off and facing the wrath of the residents. Mr. Hall replied, "If you are trying to raise the water level, you accomplish that by filling in the channels that we dug". Mr. Domenie stated, "A weir is easier because you can remove it at any time". A 2" x 8" board 10' long would do the trick. You don't need anything dramatic to do that. Mr. Hall replied, "We would have to get the weir installed, which would be a major undertaking because of how soft that soil is". If you put a heavy piece of concrete on that soil it would disappear. Mr. Domenie replied, "1 am not talking concrete, I just said a 2'x8" piece of wood would do the same thing". Two pegs on either side would hold it in place, lam trying to weigh the benefits. On one hand you are saying you are going to have more saltwater, which is going to kill off the cattails and we are going to incur everybody's displeasure at seeing the cattails die. Then comes the freshwater during the winter, then what? I think we have to set the standard of what do we want? Do we want cattails there or not? Mr. Hall replied, "If you are asking for my opinion, no, you don't want the cattails there". If the Board is charged with restoring this system to what it was predevelopment, that area was not a cattail marsh, it was a salt marsh. We can see that on the old aerials. If that is what we want it to go back to, then the way we are going about it right now is the way to do that. There are faster ways to achieve it, but they are much more expensive. It comes down to a decision as to whether or not the residents want to spend the money to get that area looking the way that they feel it should be faster, versus allowing it to happen naturally over time. I understand that they do not like seeing the mud and dead cattails. We had a system going where we were trying to get the cattails out, but because of all ol the complaints we were forced to let them grow back and now what we thought might happen hasactually.ha,ppened. We car~ start the process all over again, or we can just let it go naturally and those areas that are going to die will die. 294 June 26, 2003 Mr. Werner asked, "What changed that all of a sudden, the saltwater starting to get into that area"? That channel has been dug for some time. Mr. Hall replied, "It has been dug for some time, but over time you get more oxidation of the soils so there is some subsistence". Now that we are starting to get the water out quicker, that pressure is decreased and you are getting more mixing. Over time, the saltwater has gotten into that area and is now reaching the berm. Itakethe readings out there and they are ranging anywhere from 2 to 10 parts per thousand. Mr. Werner stated, "From listening to Mr. Domenie I got the impression that was not what we wanted". I don't think it was ever our primary purpose to go out and kill cattails. Our primary purpose was the get the water out of that area and to make the mangroves healthier. As a result of that, we thought that saltwater would come in and kill the cattails and we tried to be proactive and take care of it ourselves. Unfortunately, our timing ~ Hatlgepl~ed, "You were a year too early". Mr. Domenie asked, "Should we be digging other major channels to bring more saltwater into that area if that is the solution" Mr. Hall stated, "To make it happen faster, I doubt it". There is a point where you reach equilibrium as far as what is coming in and what is going out, so I don't know the answer to that question off the top of my head. Mr. Domenie asked, "Do you expect the cattail die off to continue with the saltwat6Mt2Hall replied, "1 expect it to be more pronounced where the actual channels are located". There will be zones of influence around where the channels are actually dug. That is where you see the highest salt concentrations. Idon't believe all of the cattails are going to die. Idon't believe the cattails adjacent to the berm or deeper water will ever die off. I believe we are going to see the die off of the cattails along the back fringe, closerto the mangroves, where the initial freshwater coming across the berm does not have as much irff,4ud~omenie asked, "If they do die, what do you propose"? Mr. Hall replied, "There are areas where natural materials are coming back and the vegetation that we replanted has don,e very well'' Mr. Lukasz sprayed it about three weeks 295 CLAM BAY SUB-COMMITTEE June 26, 2003 ago and I can see where some of the cattails have died. The muck in front is going to keep oxidizing and subsiding and will eventually get down to the point where you have more water in that front area, but it is not going to happen over night. Mr. Domenie stated, "There is a lot of growth of tiny little leaves right at the water level, what is that called"? Mr. Hall replied, "That is called Lemna (duckweed)". Is it a light green color with small flowers? Mr. Domenie replied, "It may be". Mr. Hall replied, "That is Bacopa (water hyssop), which is a natural plant and one that we would like to see in that area". Along the north tram station you will occasionally see ducks and that is some of the food that ducks will feed on. As the organic material decays it is going to get lower. The problem is that where we have cattails, they are now putting more organics back in as their leaves die, so you are not going to see the decrease there as you do in the areas where we keep them out. If you want to speed things up, the thing to do is to go in and scrape all of the muck out and you get into something very messy ,~td ~ei:ih~sta:tei:i,n"~ostt not prepared to change course at this time and I believe we are making some headway in that area". We should continue as we are and let nature take its' course. Mr. Hall stated, "1 am not as outspoken about it as Mr. Lewis, but he has said that if you plug the canals the water levels are going to rise and the mangroves are going to die". I don't believe it is going to happen quite that fast, but Mr. Lewis is very outspoken in favor of keeping those channels open. According to the studies we are seeing increases in the vitality of the mangroves. If that continues, l would be very reluctant to start trying to raise the wat~rle[3~l~nenie stated, "In summary, what you are saying is to leave the canals the way they are, which is going to bring in more saltwater, which is going to kill more of the cattails and that is desirable". Mr. Hall stated, "1 cannot honestly say that it is going to bring in more salt water than is presently coming in".. Weju.~t haveio wait and see over time. The opportunity is 296 CLAM BAY SUB-COMMITTEE June 26, 2003 there to get saltwater into that area on any high tides or storm surges that we may get. Those channels give the saltwater the opportunity to get up into that area, which will help to control the cattails if it happens on a regular basis. Mr. Roellig stated, "This has only happened in the last four months". Mr. Hall replied, "1 first noticed in January that there were mullet along the berm and mullet tend to follow saltwater". Mr. Hall stated, "The Foundation has asked me to attend a meeting at 2:00 P.M. tomorrow to explain the reasoning for the channels and what we are trying to accomplish as far as the appearance of that area". Mr. Roellig stated, '1 was invited to attend that meeting and it would be useful to discuss it with them, but we do try to have a full and open discussion at these Sub- committee Meetings". It isawork in progress and we need to keep people aware of what they ca~lo(i-lalbma~mt~O'.lt is impossible for me to say that we can immediately make that area appear attractive". Whatever we endeavor to do to try to fix it, it is going to look bad for a while and we tried to get that across to the people when we had the cattail removal program. Due to the stringent outcry, we had to abandon that program. Mr. Domenie stated, "It was a failure at that time because salt water did not come into the area". We pumped saltwater in which didn't help and it was a failure and we should admit that it wasa failure. This is what l am trying to avoid by finding out what our goal is and what we think is going to happen. If we are going to be back and forth with yes we are going to have cattails and no, we are not going to have cattails, the people in Pelican Bay are not going to be very happy. Mr. Roellig stated, "We wanted to remove the biomass and we did that and I don't think we ever had a timetable as to how fast that material would disintegrate". Mr. Kinley Roby - St. Pierre - I believe we have had three years of this experiment and if you have had to live beside it as we have, it is far more stressful than what I have heard suggested up to this point. In the first place, it is ugly as sin out there and for those years when they were spraying the,'cattails we went through periods of stench, death of all 297 CLAM BAY SUB-COMMITTEE June 26, 2003 of the greenery in that area and total disappearance of the amphibian life. We have just begun to get some of the green back and at night the frog chorus has begun to reoccur. Those frogs are the canary of the mind as far as that wetland area is concerned. To suggest that we go on doing something like this seems to me to be absolutely unacceptable. If we have to keep the water out of the mangroves all along that stretch, the only way we can do it is to continue to drain the water out so that in the rainy season the water runs out and we don't have the fish life, turtle life or the wading birds that we had. At least one thing that could be considered and yes it would be expensive, but I am sure there is money available and if the will were there to do something of this sort would be to create along the west side of that berm, a twelve to fifteen foot canal, dredge it and let spoilage from the dredging create a dike along that area to prevent water from draining from the eastern side. That water could be stopped from flowing back into the mangroves by being directed towards the channels and some sort of weir system could be constructed to control flow as you already do on the east side of the berm. You could establish a permanent waterway in which you would then begin the return of fish and establish more area for turtles. You can see how that filling in appears if you go down to the area just south of the tram stop at the Sandpiper. That area has filled in with Leather Fern and a host of other plants and during this past Winter there were more small birds in there than I have ever seen before. It was quite wonderful that all of that could be preserved and brought back. Mr. Werner asked, "Mr. Lukasz, do you need permission to change weir elevatiokls."[.ukasz replied, "We no longer change elevations unless there are severe flood or storm warnings and we have not done that in quite a few years". Mr. Werner asked, "Do you need permission from the South Florida Water Management District to change those elevations"? Mr. Lukasz replied, "No". Mr. lan McKeag - Pelican Bay Foundation - I am the person who penned the letter to you asking for consiCerati°n of different means for improving the visual image and the · ,,~' 298 CLAM BAY SUB-COMMITTEE June 26, 2003 16il smell from the canals that parallel the berm", would echo the sentiments that were expressed by Mr. Roby and in my letter I introduced two concepts. One was a weir concept and also the concept of dredging. I have talked to the previous Chairman of the Pelican Bay Services Division and asked about the possibility of dredging. His response was that was something that had been considered at one time and may be worth considering again. As noted, the Foundation is meeting with Turrell & Associates and at my instigation Turrell has been queried about the feasibility of dredging. The intent of the meeting is to find areas that we can all discuss further to find a result that is productive to the health and sustenance of the mangroves, as well as contributory to what our residents see and experience. That is the goal of this discussion. As a preliminary dialog, Turrell has said that some years ago the Pelican Bay Services Division had asked for a dollar estimate of what it would cost to extensively dredge and create very wide canal areas and watercourse on the western side of the berm. Their estimate at that time was $2,000,000 and sighted the need for certain permits. Mr. McKeag continued, "1 have discussed this matter with my colleagues at the Foundation and I will continue to inform them as we examine options". After all, the money that our groups have at our disposal for projects comes from the common population. You tax as part of the Pelican Bay Services Division to accomplish goals, or the Foundation assesses or utilizes capital, original or resale assessments, for this purpose. We have a five-year capital plan and based upon our latest estimates we will have additional money throughout the course of that park area. We do not have enough money to do two miles all at one time, but we would have sufficient money, with a plan for phasing, to accomplish something along the lines of dredging. Once again, our motivation is from the perspective that we believe that the environmentally right thing and the right thing in the view of us as Pelican Bay residents can be done. Right now I am ashamed to take a guest from the north station to the Sandpiper. Depending upon the time of the year, there is either more mud or less mud and more stench or less stench. From the Foundation'sipoint of view, what we are now experiencing is a waste of some 299 CLAM BAY SUB-COMMITTEE June 26, 2003 valuable assets from the viewpoint of Pelican Bay residents and their experience with the periphery of this conservation area. I don't think the cattails are a major issue as far as we are concerned. The Foundation takes the point of view that we are not in the business of experimenting with cattails. We are interested in helping mangroves, property values and being proud of our neighborhood and we take residents to our beaches. Our beach is our primary amenity and anything we can do to make the journey whether on foot, tram or bicycle, to that major amenity is helping all of us in Pelican Bay. I would urge this Sub- committee to broaden the inquiry and look at all of the solutions that can be done and whatever course of action that is decided upon, mitigate the environmental affect and try to have the solution be the best for the mangroves and the residents. Last year just before season, those channels were all mud. Mr. McKeag stated, "The other area we are going to be talking to Turrell about is the body of water called Pelican Bay". We have called that Mud Bay because that is what it looks like. The mangroves around that periphery have gotten worse and worse and that area could also be dredged with the amount of water being regulated. It appears to me that would be beneficial to both the environment and also to the residents of Pelican Bay. If we want to keep the mangroves dry, fine, keep them dry. I am not a scientist, but I think we have the expertise to figure out a common solution and I would urge that we all work together to try to accomplish that goal. Mr. Roellig asked, "Are you funding Turrell & Associates to look at this issue"? Mr. McKeag replied, "The Foundation pays Turrell & Associates a lot of money". I don't know what arrangement has been made and I think this is an exploratory meeting, but I don't anticipate getting any bill from them. We are interested in looking at alternatives, not making recommendations and I don't see any conflict of interest in terms of their providing an objective response to our questions of what are the options and what are the costs? Then both groups will know the answers.. After all we both represent the same ciMzei~ellig stated, "1 have a problem with this in the sense that I don't think it lends itself to having two.gro,upsusingo'~econsultant". I think this is something that should be / 300 CLAM BAY SUB-COMMITTEE June 26, 2003 1611 brought before the full Pelican Bay Services Division Board. It does give me a certain amount of heartburn. We have been at this for ten years; we don't have all of the answers and if the Foundation and this Board started to view this in different ways, we need to understand how this is going to be accomplished. I don't think it is a good idea to work together on everything. We don't get involved with your amenities or your restaurant activities. This is something that should be on the next agenda for the next Pelican Bay Services Division Board Meeting. Mr. Werner stated, "During a telephone conversation I had the same reservations and I have thought about it since". Obviously Turrell & Associates is the most knowledgeable about the system and up to the point of informing them, it makes the most sense. Mr. Hall stated, "We have not been hired or contracted by the Foundation to look into dredging". As far as the cattail issue, we have been asked by the Foundation to attend this meeting and provide them some information as to what has been done in the past and what could potentially be done. The work we have been doing for the Foundation involves their parking lot area and boardwalks. Mr. Domenie asked, "What would be the goal for dredging"? Mr. McKeag replied, "There are no specific mechanics in mind and I am not suggesting that before the channels were put in that we had an ideal situation there". The goal as I see it is to create an aesthetically pleasing water fill area and to be consistent with ag0odenvironment there would be flow in and out. If that means more channels to do that, then that is fine. That inlet has always been a visual problem and could have used some improvement before that channel was dug and could use some improvement at this time alsl~JrKlh~el)d~ol01~t-i-ohtiaio~i~o~as two years ago that I called a meeting of all of the condominium Presidents from St. Lucia to Montenaro. We represented approximately 2,000 units and with one exception, there was a 90% agreement that what was going on out there was lowering property values, was an eyesore and from our point of view was a catastrophe for both the environment and aesthetics. I was asked to write to the MSTBU andldid. I was invited to a meeting with Mr. Lukasza, nd Mr. Ward, but that was the end of 301 CLAM BAY SUB-COMMITTEE June 26, 2003 it. The dissatisfaction has not gone away and I think the worst thing that could happen to the citizens of Pelican Bay is for the Foundation and the Pelican Bay Services Division Board to fall into a battle with one another over turf. I desperately hope that will not happen and that everybody works to come to a common and satisfactory solution. You do have a group of people living in those condominiums who are dissatisfied with what they are looking out their windows at every day. Mr. Werner stated, "There was also a lot of dissatisfaction when the mangroves were dying and there was going to be a great three mile barren area". Mr. Domenie stated, "We have been successful and made great strides with the mangroves in the northern end near the Strand". Mr. Hall stated, "We have made big strides, but you also have to realize that it has taken six years to get there". This is not a yard that we can just go in and landscape to make it look good. Mr. Werner stated, "It has taken more than six years". It has been on our plate in different forms since I have been on this Board and that has been over ten years now. Mr. Hall replied, "The first die off was recorded in 1989". BAY COLONY~ THE STRAND - PLAN REVIEW Mr. Roellig stated, "The wail at The Strand is in need of considerable repair". The Bay Colony people are looking to renovate that wall and the repair will require some work within tlie mangroves. The Bay Colony people are looking to enter into a contact with various groups to perform this work, including Turrell & Associates to help monitor the mangroves. The east side of the wall has experienced thick mangrove growth and wil have to II~e.tH.a'n~(:T. odd- "The mangrove retention wall is falling and the rebar is rusting" At one point in time we were able to repair the street side of the wall and had no problems with the mangroves. When the wall was moved closer to the street the rebar was positioned closer to the mangroves and with the deterioration it is failing into the mangrove area. As happy as we are with the success of the mangrove re-growth, we feel that we have to keep t~he w~l in go.od, repair and prevent the rest of the concrete from 3O2 CLAM BAY SUB-COMMITTEE June 26, 2003 falling into the mangrove forest. The Smallwood Design Group, Turrell & Associates and everyone we can think of has been engaged to provide proper guidance on how to do this repair with the least impact to the mangroves. The Smallwood Design Group has prepared the plan that has been presented to you for approval. Turrell & Associates are our guiding counsel with regard to how to trim, what to trim and to make sure that we are not doing anything that we are not supposed to be doing. We would like your blessing on the plan. Mr. Roetlig stated, "This is something in need of maintenance and I have never looked at the wall very carefully, although I have been there a number of times". We will pass this plan on to the Pelican Bay Services Division Board for final review and approval. Mr. Werner asked, "Mr. Hall, do you have a problem with this plan"? Mr. Hall replied, "That was one of the conditions when we were approached about what Bay Colony wanted to do". This plan was then presented to Mr. Lukasz and Mr. Ward. To avoid any misconception you will see that we provided Bay Colony with a proposal to cover all of the activities that that have requested of us. Bay Colony has requested that we monitor to make sure that what they are doing is not interfering with all of the ongoing work in the die off and recovery area. They are not anticipating to completely cut down any trees. Most of the work will be trimming and some of the trees will be cut back radically to where they will be sprouting back from roots that are left in place, but there should be no overall ill effects. The contractor will be provided a copy of the protocol, which they will have to sign off on so that they know that they will be physically responsible if they get out of hand. One of the requests that has some concern is that we were requested to be on site 100% of the time while any work was going on behind the wall. Ms. Todd has asked if there wasawayto minimize their costs and that is a decisitCb. ~aetl~ ~ i~J/'~j~iFg Ltohbaee0o:j~kel~eTdat Mr. Hall replied, "Yes, FDEP has what is called a "Diminimus Permit". Mr. Roellig asked, "Will they be putting some requirements to that effect in the Permit"E,lr. Hall replied, "The requirements that they would have would be that the trees will be marked before any work is 'd,ene, the'trimming will be done and after that no other 3O3 CLAM BAY SUB-COMMI'I'rEE June 26, 2003 trees can be touched while the work is ongoing". If someone encounters a tree branch in his face while trying to grind a piece of rebar, he is just going to have to live with that and will not be able to just reach up and cut the branch off. Mr. Lukasz stated, "That was our concern with the contractors working on the other side of the wall". Mr. Hall stated, "They have to make every effort to collect all of the debris that they knock off or spray during the operation". I do not think they have completely decided exactly which method they are going to use to clean up the backside of the wall. We have recommended against sandblasting. Mr. Werner stated, "1 don't think it would be necessary for somebody from Turrell & Associates to be on site 100% of the time and spot checking would be fine". The question in my mind is if someone cuts a limb that they are not supposed to, how do you identify the person responsible? Mr. Hall replied, "That is going to be the responsibility of Smallwood or whoever the site manager is". That is where the blame is going to fall because they are supposed to have a site manager on the job at all times. Mr. Roellig stated, "What is the Pelican Bay Services Division's responsibility in that area for this type of work"? If there is a problem with FDE, would they come back to us? Mr. Lukasz replied, "No, they would go after the person who actually did the damagel~tr. Hall replied, "That is why the protocol is in place". Mr. Lukasz stated, "The other issue is the construction that is going to take place with the concrete as well". There is concrete that is going to go on the other side of that wall once it has been chiseled out to reach the rebar. Mr. Hall stated, "We have told them that they have to put down a sheet of visqueen (plastic) and everything is removed from there once they are done. It would be our responsibility to let them know if the area is not cleaned su!ficiently. Mr. Domenie stated, "You would need someone there every day to make sure that everything is removed at the nd o ch day". 304 CLAM BAY SUB-COMMITTEE June 26, 2003 Mr. Hall replied, "Yes and I plan on having someone there every day, but I don't think it is necessary for someone to be there every minute of every day". Mr. Domenie asked, "Have we ever heard from the FDEP about the mangroves that were cut by mistake along the north berm"'~ Mr. Lukasz replied, "We have not gotten a final resolution on that issue". Mr. Domenie stated, "In this case, Turrell is getting approval from FDEP ahead of time for the cutting". Are the workers going to be standing on the ground? They are not going to hang scaffolding down from the wall; they will be standing in the mud to do the work. In some places they will not be able to reach high enough and will they be standing on that ~last.lag replied, "They will be putting wood down and then plastic on top of the wood". Mr. Werner moved, seconded by Mr. Roellig and approved ii unanimously to recommend approval of the Strand Wall I~ Plan Review to the full Board of the Pelican Bay Services I~ Division with inspection by Turrell & Associates on a daily I' basis. J Mr. Hall stated, "For clarification purposes, we would have someone there the entire time the trimming is being done, but once the trimming is complete and the actual construction begins, it would then be spontaneous". BEACH RENOURISHMENT Mr. Roellig stated, "On Tuesday, the Board of County Commissioners approved a work 'order to complete the work necessary to move forward with the beach renourishment permit in the September timeframe". The County has spent over $1,000,000 on the sand search and various other studies. The plan is scheduled to be available by the end of August and includes nearly the entire Collier County shoreline. The County has spent in excess of $75,000 to get into the permit situation. We are all aware that there is some discussion about cost sharing 'and access and that is still up in the air. The Collier County Coastal Advisory Committee is going to meet on August 12, and we will be looking at revising our proposed policy. Our policy was to first maintain the beach and shore and then look at possible access problems. As you may 3O5 CLAM BAY SUB-COMMITTEE June 26, 2003 know, the County staff came up with a kind of reverse policy where they are interested in providing additional access rather than maintaining the beach. I think that is going to be strongly opposed because once you start looking at providing the access they are talking about, they would use up all of the money and more for any possible beach maintenance. I will keep you posted on this issue. The current schedule is to present the plan to the Board of County Commissioners toward the end of September. I know there is a lot of interest in how much sand can be placed on the beach. It is not well known that there is a lot of hard bottom off shore in this area and that limits the width of beach that we can have. Mr. Werner asked, "How is the hard bottom survey coming"? Mr. Hall replied, "It is not complete and we will be in the water tomorrow". We have a nice map of the side scan sonar survey from the County and it goes all the way from Wiggins Pass to Gordon Pass. They have mapped what could potentially be hard bottom, but they have not ground-truthed any of it yet. We will have underwater photographs to determine what is out there and what the potential impact would be as to how far out you could bring the beach. Mr. Domenie stated, "1 have something that I would like to read, it is a bit lengthy and has to deal with beach access". "Just a month ago the Naples Daily News published a commentary by Brent Batten which did disservice to the residents of Pelican Bay, the residents of Collier County and to the Commissioners. The commentary decried the lack of access by non-residents to the beach facilities at Pelican Bay without mentioning that the Commissioners were proposing a Resolution covering all beach access as well as boating access for all of Collier County. To those who may question my position let me state that we moved to Pelican Bay in 1986 - I don't play golf, and gave up tennis 35 years ago - we moved here because of the beach. Then 2-1/2 years ago we decided to sell our house in Pelican Bay and move to a condominium. We could have bought a great one at The Vineyards - or any other major development. We could have bought a 3,000 square foot house with 16 foot ceilings and a pool at Island Walk. Instead we bought a 2,000 square foot condominium in Pelican bay - Why: the beach and the access to the beach. We paid a premium of over 50% to be here. Why Brent Batten opted to pick on Pelican Bay drily he can state. But, let's remember that the County Ordinance which prompted his comments cover all the beaches in Collier County,. the boating facilities, and indirectly the funding of beach renourishment. ~ ~ , / '/ / 3O6 CLAM BAY SUB-COMMITTEE June 26, 2003 I have made no attempt to look at the legal aspects of the original documents controlling Pelican Bay and leave that to those with a better understanding of those issues. However I have made an effort to find out for myself what is available for county residents as far as beach access is concerned. Mind you this is not a highly technical study - but merely an observation. Starting at the border of Collier and Lee Counties we have Lely Barefoot Beach. Incidentally we all remember the brouhaha and legal wrangling surrounding that area. Drive South from that gatehouse (15MPH and various speed bumps) for 1.5 miles and there is no public access to the beach. Instead all parking spaces are "protected" by "Private Property" - "Violators will be towed away" signs. The parking spaces are restricted to the very few Barefoot beach residents, i.e. - no public access. Should they receive free sand? How many residents are there at Barefoot Beach and how densely used is this beach? (as a reference the distance along Pelican Bay Boulevard from the entrance to Bay Colony to the South entrance of the Commons is also 1.5 miles - as is the Pelican Bay beach South of the Strand to Clam Pass). South of Lely Barefoot Beach is a county park - or is it a state park? On the map it is called Barefoot Beach State Recreation Area. If you don't have a parking permit you have to pay $4.00 at the park entrance. Here you will find three parking areas with an estimated 300 parking spots giving access to about 1.5 miles of beach. We then jump across Wiggins Pass to Delnor-Wiggins Park- a State owned park- apparently the County has no influence over the quantity of parking spaces available on this one mile stretch of public beach. There are toilet facilities - but years ago - and I have not checked this recently there was a sign posted just North of Vanderbilt Beach Inn informing beach goers that they could not enter the State Park without paying a fee! (I thought the State was promoting free accessl). I have not verified if such a sign still exists. We then come to Vanderbilt Beach - from the Vanderbilt Inn down to Vanderblit Beach Road. Although there are some pedestrian passages from the road to the beach, I am not aware of any parking permitted along this stretch of road - 1.2 miles with no public parking or facilities. Thus access is limited for those who live in the high rises on the beach and those who can walk to a pedestrian passage. Should they receive free sand? Then we come to Pelican Bay: There is a parking lot on the South side of Vanderbilt Beach Road near the Ritz Carlton which holds about 150 parking places and there is a proposal to double that capacity by making this a parking garage. There is also limited parking (20 spaces?) along Vanderbilt Beach Road. The Ritz Carlton has ample parking for its guests along its stretch of beach. But where do the beach goers go from the public'Parking lot? Does the Ritz welcome people to set up umbrellas or chairs among their chairs - or along the water in front of Ritz guests? I doubt it. WCl is opposing this increased parking garage. I read in the past that the Vanderbilt Beach residents are also opposed to an increased parking facility. I am not aware of how much parking there is available in Bay Colony, but the club only has very limited parking. The high rises certainly have direct access to the beach - just like at Lely Barefoot Beach or Vanderbilt Beach, and "inland" residents can use the Bay Colony Beach Club. Then comes 1.6 miles of Pelican Beach down to Clam Pass. The North Tram Station accommodates 50 cars; the Sandpiper lot (#5) has place for 125 cars; and the Commons holds 205 cars. Thus Pelican Bay residents have access to about 380 parking spots. I understand it would be difficult to expand these lots as such an expansion would intrude into the protected mangroves. (The Foundation is apparently considering the possibility of a jitney tram service to bring more PB residents to the parking lots - and the beach). And finally the Clam Pass public parking lot (next to the Registry) has a capacity of 185 (0.7 miles of bea~ch). Thus you might-say that Pelican Beach - from Vanderbilt Beach Road dowry'to'Seagate has~'parking for a total of 765 cars. In addition there are 307 CLAM BAY SUB-COMMITTEE June 26, 2003 the spaces at the Ritz, Bay Colony and the Registry Resort. And our three parking lots (380 spaces) service all residents from the beach to Rt-41 (over 13,000 residents). In the segment from Seagate to Venetian Village (a one mile beach) there is one public parking lot and beach access (but no toilet facilities) for 25 cars. From Venetian Village down to Doctor's Pass there are three public parking lots - but no facilities - 40 at Horizon Way, 34 at Vedado Bay and about 40 at Villa Miramar. Thus on a stretch of approximately three miles there are only about 140 public parking spaces available. Only the condominiums and clubs along the beach have direct access. From Doctor's Pass South to Lowdermllk Park - a distance of one mile - there is only one parking lot which is reserved for the Moorings' rssidents and there is also a hotel In other words there is no public access until you get to Lowdermilk Park. Should this area receive free sand? We then have another stretch of beach with limited access - dominated by high rises and a hotel before we come to the "down-town" section of the City of Naples. Here parking is available along the "fingers" as well as a parking area near the pier. The most interesting segment of Naples Beach is the section South of 21st Avenue South down to Gordon Pass - a distance of over two miles, reserved for the exclusive use of the few who live in Royal Harbor. I have no information about any public parking lots or beach access. Should they receive free sand. Should public parking be made available here? It is the single longest segment of beach without public parking and facilities in the County. Nor do I want to mention Marco Island where that city is now struggling to increase beach access but is being stopped at various attempts. Thus, although Brent Batten singled out Pelican Bay, we see that other areas face equivalent, or even greater, problems as we do - and their documentation most likely is not as restrictive as ours, nor do they have a mangrove barrier to contend with. I would like to repeat that this is not a sophisticated scientific study - these facts can be verified and modified by County Staff. They are provided for your general information based solely on my observations". Mr. Domenie continued," I don't mean to minimize the effect, but there are other places along Collier County that face exactly the same problem, except that Mr. Batten decided to pick on us" Mr. Roellig stated, "That is accurate and as I said before, the Coastal Advisory Committee is looking at renourishment from an engineering standpoint, not a political standpoint or anything else". I think a lot of people have missed the point that the sand moves freely along the shoreline, except for where there are structures. It is unrealistic to think that you could put parking or an access point out there and expect it to stay. We would expect any renourishment that would be done, to be done in accordance with good engineering and design principles, rather than any political shena~ig,~'-t~ll stated, "As I mentioned earlier, the Foundation has asked us to look at some work they are trying to do to the south boardwalk". Currently the north boardwalk is twelve ~eet v~.ide and the sooth boardwalk is ten feet wide. With the 308 CLAM BAY SUB-COMMITTEE June 26, 2003 increase in tram and pedestrian traffic there have apparently been some near mishaps on the south boardwalk. The Foundation has asked the Water Management District to be allowed to expand the south boardwalk to a width of twelve feet as well. It appears that preliminary approval is forthcoming and there are going to be about fifty trees that will be impacted in one way or another. I wanted to make the Sub-committee aware that work could potentially be ongoing in the next few months. Mr. Domenie asked, "Will new supports have to be put in"? Mr. Hall replied, "The only thing they will be doing is switching from the pressure treated wood to the "Ipe" which is a much denser hardwood and has the structural ability that they will not have to do anything to the sub-structure, but just from the decking up. They have also stated that all of the work will be done from the top and no machines will be in the mangroves. Mr. Domenie asked, "Why doesn't FDEP get involved in that rather than the Water Management District"? Mr. Hall replied, "Because the boardwalks were originally permitted under the Stormwater Management System for the entire system in Pelican Bay and was done by the Water Management District. Since this is a modification to that permit, it goes back to the District. Mr. Lukasz stated, "1 spoke with Mr. Kinney to put together a package to bring to the next meeting". Mr. Hall stated, "The other item I brought for your review is the preliminary draft of where we are today on the field guide that we are working on". You will see that there are some blank spots where t have not been able to get the photographs of the animals. This is the general format and we hope to have this done in time for the ! mailing that goes out to all of the residents. Mr. Domenie asked, "When is the boardwalk work tq begin"? Mr. Hall replied, "They are currently working on replacing the decking on the north boardwalk and what they would like-to do is continue straight on to the south / 3O9 CLAM BAY SUB-COMMITTEE June 26, 2003 boardwalk, so you are probably looking at between two and three months". They have to have it done prior to season next year, which would be prior to Thanksgiving. ADJOURN There being no further business, the meeting adjourned at 4:30 P.M. David Roellig, Chairman 310 SEP. 1'? 2003 4:33PM HP LRSERJET 3200 p.2 To: FroIln2 Date: Subject: Pelican Bay Services Division Clam Bay Sub-Committee Tim Hall Tun'ell and Associates James P. Ward Kyle Lukasz September 16, 2003 SEAGATE CULVERTS A lot of back and forth conversations centered on the Seagate culvert flap gates have been generated in the past couple of years. Initial studies conducted prior to the Clam Pass dredging and improvements showed that more water was flowing south through the culvert and thus being lost to the Clam Bay system. Flap gates were placed on the culverts with the intention of allowing only one-way flow of water from the south into outer Clam Bay. Once in place however, it was apparem that very Little flow was occurring due, most likely, to the lack of enough tidal head to open the gates and allow flow to occur. Also apparent after the gates were installed, besides lack of flow, was an apparent decline in the seagrass community within Outer Clam Bay and an increase in algal concentrations. It was postulated that with the increased tidal flow available to the system as a result of the dredging activities, the flap gates were no longer needed. Increased flow through the culverts as well as through the Pass would increase the flow through Outer Clam Bay and in turn increase the flushing activities experienced by the bay. This Could in turn help the seagrasses recover and lower the potential for algal blooms. Proiec* Description After a lot of discussion, funding was provided to monitor flow through the culverts with the flap gates on, then to remove the flap gates and monitor flows again. The purpose of this monitoring was then to be able to estimate whether any water was lost to the Clam Bay system as a result of the removal, and if so, whether the loss was great enough to adversely affect the stability of the pass or alternatively, if the potential benefit to Outer Clam Bay was greater than the potential risk to the pass. SEP 2003 4: 33PH HP LRSERJET 3200 IO.3 SummaFF of Results The initial data collection was flawed in that it was all taken from the same side of the pipe rather than on the side that the water was flowing out of. This created a bias that showed a much greater flow to one side v~rsus the other. When the data was reviewed, this discrepancy was quickly identified and additional data collection was undertaken. The computations presented by Humiston and Moore Eagineers shows that during a 12.5- hour tidal cycle approximately 355,000 fl~ flowed north in 4.58 hours and about 81%000 ft~ flowed south during the 7.92 hours of ebb tide. Extrapolating these results over the course of the day it appears that this could represent betwegn 1 and 3 percent of the volume that currently goes out of the Pass on th~ ebb tide. This is a relatively small percentage of the total flow and it does not seem to have affected the pass stability this year. However, since these results are totally depeadent upon a myriad of factors including daily tides, rainfall, winds, and season, it is imposs~le to give a definitive daily average. We would like to continue collecting flow information at the culverts to get a more long-te~rn, seasonal view of the incoming and outgoing flows. We realize however that monetary, manpower, and tim~ constraints may make this difficult m undertake. Conc,,.lusion The engineers have to date been unwilling to make a formal det~irmtion as to the potential long term affects that the flap gate removal might have on the pass. However, based on what we have collected and observed so far, it is my opinion that leaving the flap gates off' will benefit the Outer Clam Bay ecology and that these benefits outweigh or offset the potential detrimental affect that leaving them offmight have on the Pass. 2 SEP 17 2003 4:33PM HP LRSERJET 3200 p.4 MI~MORANDUM To: FTom: Cc: Date: Subject: Pelican Bay Services Division Clam Bay Sub-Committee Tim Hail Turrell and Associates James P. Ward Kyle Lukasz September 16, 2003 HYDRODYNAMIC MODELING AND ANALYSIS Introduction The inflows of flesh water from the surface water numagement ~stem and their effects on the mangrove ¢ommur~ties have been discussed since the upland developmenl within Pelican Bay was first proposed. Additionally, changes to the surface water flows into the system, both by re4~recting water within the system and by m-opening a connection with Vanderbilt Lagoon to the nortl~ have been discussed and preliminarily studied. The hydrodynamic analysis was proposed primarily ia order to determine the feasibility of eithez of these measures but it will also be very useful for predicting expected conditions within the system under a myriad of proposed activities. Basically, the hydrodynamic modeling was to evaluate the dependence of water levels in the system on fresh water inflow into the estuary. This information may then be correlated with salinity data and biological data on the vitality of the mangrove community in an effort to deterrnl.e if or how retention of f~eshwater in the inner bay system may be related to mangrove health. The model can be used to predict how modifications to freshwater inflow, such as diversion of flow northward to Vand~bilt lagoon, will affect the Clam Bay estuary. The calibrated model will also be used to evaluate future alternatives. The 1999 dredging of Clam Pass has significantly improved tidal flushing of the bays. The model will enable the consultants to evaluate other improvements that may need to be considered to further enhance water quality in the estuary. SEP 17 2003 4:33PM HP LRSERJET 3200 p.S Proieet Description The modeling consists of two primary elements: The Calibration stage includes the simulation of the existing tidal and freshwater circulation within the bay system. Water depths throughout the Clam Bay system were collected and this information in conjunction with available tide d~at__a., water levels, and freshwater discharge was used to calibrate the model Basically, known inputs were put into the model to sec if the model predicted the known results. If the model predicts what is actually observed to occur, then the confidence is high that it will also correctly predict hypothetical occurrences. Once calibratecL, the model was used in the Prediction stage to simulate the estuary system under the proposed drainage system modification. It contemplated reconnecting Clam Bay to Vanderbilt Lagoon and diverting stormwater into Vanderbilt Lagoon from the Clam Bay system. Summary QfResult~ The model showed that while diverting stormwater north into Vanderbitt Lagoon might be beneficial to the mangroves in the main die-off area, this activity could be detrimental to the stability of the Pass. Thc diversion of thc flow would lower water levels in Upper Clam Bay by as much as 0.2 feet during the rainy season. While this could help the mangroves in and of itself, the 0.2 foot drop would mean as much as a 10% drop in the tidal prism of the Pass. If the stability of the Pass were adversely affected and the pass closed as a result of thc diversion, then the die-offarea would still be adversely affected. In the end, it is probably not a good idea, in terms of long-term stability of the system, to divert the stormwater north into Vanderbilt Lagoon. Conclusien The model does allow for the consideration of other alternatives to increasing tidal flow and water movement through the system especially in regards to Upper and Inner Clam Bays. The two alternatives presented by Humiston and Moore Engineers are: 1.) to expand on the 1999 dredging by deepening additional areas within the existing meandering waterways; or 2.) to dredge cuts through the mangroves to straighten out the channels and provide a shorter, quicker route for the water to move through the system. While I believe that either of these alternatives would increase flows through the system, I also believe that the implementation of these alternatives would be a costly and time- consuming process. AH of the PBSD Board should be aware of the permitting time and costs associated with the original dredging operation and these times and costs could be extrapolated to today's increased review criteria. Robin Lewis has stated that the additioml dredging may be the only low-maintenaxr, e, long-term solution to protecting the mangroves because the maintenance of the hand dug ehatmels throughout the die-off area will need to be kept up in perpetuity in order to maintain the flushing beneiVrts 2 SEP 17 2003 4:33PM HP LRSERJET 3200 p.6 provided by the channels. What has not been considered is potential water quality degradation that migh~ occur due to the loss of filtering provided by the ~ waterways or the loss of aesthetic values to the people that currently canoe or boat within the systenL On a cost basis, maintaining the channels for the next few years could run between $30,000 and $50,000 per year to keep them cleaned out and free from roots and debris. Onthe other hand, permitting and implementation of additional dredging, especially through existing mangroves could cost upwards of 1.2 to 2 million dollars over two to three years. Even at $50,O00/year, you could maintain the hand cut channels for 30 to 40 years at the same cost that the additional dredging might entail. I don't feel that we have enough information regarding the potential side affects of straightening out the waterways so, while I can agree that additional dredging within the system might benefit the mangroves, 1 cannot agree at this time that the costs associated with the work would be worth the benefits. CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 10 Submitted to: Florida Department of Environmental Protection DEP File No. 01284163-001 .JC Submitted by: Collier County Parks and Recreation Department Prepared by: Humiston & Moore Engineers HM File No. 9068 August2003 CLAM PASS BATHYMETRIC MONITORING REPORT NO. 10 CONTENTS 1. Summary ................................................................................... 1 2. Introduction ................................................................................ 2 3. Inlet Monitoring .......................................................................... 2 4. Inlet Cross Sections ................................................................... 5 5. Interior Channels ...................................................................... 14 6. Tidal Study ............................................................................... 14 7. Beach Profiles .......................................................................... 15 8. Conclusions and Recommendations ........................................ 21 LIST OF TABLES 1. Clam Pass Survey Control ......................................................... 4 2. Clam Pass Width and Area Changes (Short Term) .................. 12 3. Clam Pass Width and Area Changes (Long Term) ................... 12 4. Clam Pass Inlet Cross Section Area Change ........................... 13 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Clam Clam Clam Clam Clam Clam Clam Clam LIST OF FIGURES Bay Site Plan .................................................................... 3 Pass Inlet Cross Section Site Plan ..................................... 4 Pass Cross Sections .......................................................... 6 Pass Cross Sections .......................................................... 7 Pass Cross Sections .......................................................... 8 Pass Cross Sections .......................................................... 9 Pass Cross Sections ........................................................ 10 Pass Cross Sections ........................................................ 11 Clam Pass Cross Section Area Changes .................................. 12 Low Tide Phase Lag .................................................................. 16 High Tide Phase Lag ................................................................. 17 Clam Bay Tidal Range .............................................................. 18 Beach Profiles, North of Clam Pass .......................................... 19 Beach Profiles, South of Clam Pass .......................................... 20 CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 10 1. Summary Monitoring data show that the April 1999 dredging of Clam Pass and waterways connecting the inner bays significantly improved tidal exchange throughout the bay system, with the most significant improvements in those bays which are closest to Clam Pass. The improved tidal exchange means more water goes in and out of Clam Pass on each tidal cycle. This larger volume of water, or tidal prism, generates stronger currents in the inlet which help to keep the inlet open. The most recent maintenance dredging of the inlet was completed in January 2002. This was almost three years after the 1999 channel improvements. In contrast, it had been necessary to dredge the inlet annually between 1995 and 1999, and several of those dredging operations reopened a closed inlet. Based on monitoring since the 1999 improvements, it appears as if the inlet may need to be dredged at approximate two to four year intervals. The rate of shoaling in the inlet, and also the dredging interval, is very dependent on storm activity. Annual monitoring data should therefore be evaluated to determine actual dredging needs. The interior waterways connecting Outer Clam Bay, Inner Clam Bay, and Upper Clam Bay were dredged as part of the 1999 improvements. This dredging contributed to the improved flushing in the connected bay system. Maintenance dredging these channels was not necessary and was not included as part of the 2002 maintenance dredging. Although the 1999 dredging of the interior channels contributed to improved flushing in the inner bay system, the level of flushing remains fairly Iow in Upper Clam Bay, which is the greatest distance from the inlet. If there is a need for further enhancement of tidal flushing in these remote areas, that may be accomplished by straightening sections of the meandering connecting channels. -- 1 2. Introduction This report was prepared to fulfill the requirements of Florida Department of Environmental Protection (DEP) permit 0128463-001-JC and presents the fourth set of monitoring data following implementation of the dredging element of the Clam Bay Restoration and Management Plan. That maintenance dredging was completed in April 1999. Previous monitoring of Clam Pass dredging prior to 1999 has been reported in "Clam Pass Bathymetric Monitoring Reports" numbered 1 through 9 which documented dredging events and rates of shoaling in Clam Pass under Florida DEP Special Permit Condition 10 contained in Permit No. 112659015. Due to the dynamic nature of Clam Pass and the importance of maintaining the tidal flow to the Clam Bay system, Collier County had dredged Clam Pass in the spring of every year from 1995, to 1999. Specifically, the pass was dredged in April 1996, under DEP Permit No. 112859039, which was issued on March 28, 1996. In April 1997 and April 1998, Clam Pass was dredged under a modification of the 1996 permit (DEP Permit No. 112859039). The pass was dredged in April 1999 under JCP permit 0128463-001-JC, as part of the implementation of the Clam Bay Restoration and Management Plan, which included dredging portions of the flood shoals and inner channels to improve the hydraulics and stability of the inlet. The most recent dredging of Clam Pass occurred in January 2002, again under DEP Permit No. 0128463-001-JC. This report presents the results of the latest monitoring survey, completed in June of 2003, which includes the inlet plus the immediate vicinity, which has been covered by previous monitoring reports. Additionally, this report includes the results of monitoring the performance of the Clam Bay Restoration and Management Plan dredging which was completed in April 1999. Figure 1 is a location map of the study area, which shows the locations of the beach profiles at the DEP reference monuments, the location of the tide gages, and the scope of monitoring surveys. 3. Inlet Monitoring Figure 2 presents the scope of the inlet cross section survey plan. The locations of the control points and the azimuths of these cross section lines are presented in the table included on Figure 2. The cross section locations in the table on Figure 2 are listed in order from west to east. Plots of the cross section data are provide on Figure 3 through 8. Figure 2 also shows the approximate channel alignment as defined by the National Geodetic Vertical Datum (NGVD) 0.0' contour for the October 1998, August 2000, April 2002, and June 2003 surveys. Historically there has been a tendency toward northward migration of the outer channel. This is clearly illustrated in Figure 2. -- 2 i I HIJMISTONI CLAM PASS 15679 STRAND COURT ~MOORE I DREDGE CUT SITE PLAN ~;,~INI~ER~FOR: COLLIER COUNTY I NAPLES, FL 34110 .~, ..... ~DATE: 7//1//05 ~FILE: SlTEPLAN ~SCALE:I"=I---IFAx: 239 594 2025 ~ ..~,.., ~ .. ~UUlPHONE: 2;59 594 2021 ~.o.,,~,~ /JOB FILE: 9068 IDATUId: NGVD IFIGURE: 1 CLAM PASS / \ \ \ \ \ \ \1 ~L R-41 OUTER -75 0 75 150 Scale: 1"= 150' NORTHERN CHANNEL oe u"J I"-. o BASELINE SOUTHERN INTERIOR CHANNEL BASELINE STATION NORTHING* EASTING* AZIMUTH (~) STA 0+00 686125.6 251625.0 559'51'28" STA 0+25 686125,9 251650.0 559'51'28" STA 0+50 686124.1 251675.0 3;59'51'28" STA 0+75 886124.5 251700.0 559°51'28" STA 1+00 686124.5 231725.0 359'51'28" STA 1+25 686124.7 231750.0 359'51'28" STA 1+50 686124.9 231775.0 559'51'28" STA 1+75 686125.1 2,31800,0 359'31'28" STA 2+57.5 686125.6 252862.5 559'31'28" STA 3+00 686126.1 2,32925.0 359'31'28" STA 5+64.5 686126.7 251989.5 359'31'28" STA 4+10 686199.9 252037.6 359'31'28" STA 4+60 686217.0 252084.6 336'18'20" STA 5+10 6862,54.1 252131.6 $36'18'20" STA 5+60 686251.2 232178.5 356'18'20" (~) STA 6+10 686268.5 252225.5 356'18'20" BASEUN£ COORDINATES BASED ON NAD 1927 DATUM BASELINE LOCATION TABLE iIlUMIST()N ] CLAM BAY ~'M(X)RE I INLET CROSS SECTION SITE PLAN E,.N~]INI~:ERL~IFOR: COLLIER COUNTY c~,,,.~,,,, IDATE:7/01/05 IFILE:gO681NLET ISCALE:1"=150' .,.~.[~,,~,.~ J JOB FILE:9-O68]DATUM: NGVD IF GURE: 2 4 LEGEND: 06/05/03 --04/25/02 ---lO/15/98 J5679 STRAND COURT NAPLES. FL 54110 FAX: 941 594 2025 PHONE: 941 594 2021 4. Inlet Cross Sections Figures 3 through 8 present Clam Pass inlet cross section plots from stations 0+00 to 6+60. For comparison purposes, these figures show the October 1998 pre-dredging, April 1999 post dredging, May 2002 post dredging, and June 2003 conditions of the inlet channel. The dredging of January 2002 extended from station 3+00 to 7+10 and did not include the mouth of the inlet, stations 0+00 thru 2+37.5. The dredging of 1999 removed approximately 32,000 cubic yards from the inlet and interior shoals and placed it on the beach. Since the dredging of 1999, the entrance channel migrated to the north as it has in the past. It remained open through the winter and spring of 2001, which is the time of year that it has historically closed. The flood shoals were dredged again in January of 2002 as advance maintenance to remove accumulated shoaling, although closure of the inlet was not considered imminent. The removal of significant portions of the interior flood shoals in 1999 appears to be keeping the inlet open by reducing flow restrictions and improving the hydraulic efficiency of the inlet. The 2002 maintenance dredging project removed approximately 11,725 cubic yards of sand from the inlet and flood shoal between stations 3+00 and 7+10, and placed it on the beach south of the inlet. This dredging was done to preserve that hydraulic efficiency, and to place sand on adjacent beaches to mitigate inlet impacts. Inlet dimensions are listed in Table 1 and Table 2, which provide a short and long term comparison of the inlet width and cross sectional area at each profile station. The short- term comparison includes data from the September 2001, April 2002, and June 2003 monitoring surveys. The long-term comparison includes data from the April 1999 post- dredge, October 2000 post-Tropical Storm Gordon, and the June 2003 monitoring surveys. It should be noted that the NGVD contour is used as a common datum for shoreline positioning. The channel width is measured at NGVD and the cross sectional area is calculated from the area bound by the bottom profile and NGVD. For reference purposes, mean high water (MHW) for this area is +1.5 feet above NGVD, mean tide level is +0.5 feet above NGVD, and mean Iow water (MLW) is -0.5 feet below NGVD~. According to the June 2003 monitoring survey, the cross sectional area of the Clam Pass inlet decreased an average of approximately 36% during the latest monitoring period. The project design called for advance maintenance dredging, which made the cut larger than the equilibrium cross-sectional area in order to allow for readjustment following the dredging. Shoaling since the January 2002 dredging has reduced channel dimensions as anticipated. However, the average cross sectional area remains approximately twice the size of the pre 1999 dredging condition (see Table 4). This indicates that the improved hydraulics from the 1999 dredging, and the resultant increase in self scouring is still keeping the entrance channel open even though phase lag data appears to indicate that hydraulic efficiency has diminished. ' The elevations of Mean High Water (MHW) and Mean Low Water (MLW) are based on DEP Special Report No. 87-2, Predicted Open Tidal Datums for the Flodda Lower Gulf Coast, Balsillie, 1987, and discussions with the DEP Bureau of Survey and Mapping. -- 5 6- w -8- -12 NORTH STA 0+00 SOUTH NORTH oo ' -~5o ' -~oo ' -~5o ' -~oo ' -150 DISTANCE FROM BASEUNE (FEET) SOUTH -100 -~0 NORTH SOUTH 6-' STA 0+25 SOUTH -,00 ' -~0 ' -~00 ' -~'50 ' -~00 ' -1'50 ' -1'00 ' -~0 ' DISTANCE FROM BASEUNE (FEET) NORTH SOUTH ~o ' -~so ' dog ' -~5o ' -~oo ' -1'5o ' -1'oo ' -~o DISTANCE FROM BASELINE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS $+00 AND 17+50 10/98 Pre ......... 4/99 Posf 4/02 Poat 6/03 -' ;-~:-:'i-''~ll~][T~?~ I CLAM BAY CROSS SECTION CUT4 I,~ STRAND COURT cou. FL 34110 ~ ~ ~ I!~- /DATE:6/25/05 IFILE: XSECT ISCALE:I"=IO0' IFAX: 239 594 2025 I PHONE: 259 594 2021 ~.,o~.u,..,.~ /JOB FILE:9086= IDATUM:NGVD IFGURE: 3 6 8 ~ 0 -12 NORTH SOUTH STA 0+75 NORTH SOUTH O0 ' -~50 ' -~00 '-ISO ' -lO0 ' -1150 ' -1100 ' -~0 ' DISTANCE FROM BASEUNE (FEET) NORTH SOUTH 6- STA 1 +o0 NORTH SOUTH DISTANCE FROM BASELI"E (FEET) 8 -12 -4 NORTH SOUTH STA 1 +25 NORTH ~o ' -~5o ' -.~oo '-iso ' -goo ' -1'5o DISTANCE FROM BASEUNE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS 5+00 AND 17+50 I / - 1 O0 -50 SOUTH 10/98 Pm ......... 4/99 Poat 4/02 Pod e/os i' i ~.~])~)NI CLAM BAY CROSS SECTION CUT4 E_r~GIJ~IEEI~,~FOR: COLLIER COUNTY , INAPL£S, FL 54110 I FAX: 259 594 2025 ~,?~,.~,~,~ .... IDATE:6/25/05 IFILE: XSECT ISCALE:I"=IO0 iPHONE: 259 594 2021 ,,u.r..,,.,,,,,, IIJOB FILE:9086a IDATUM:NOVD Ir,oUR : 8 i~-$- -10-' 8 ~ -2- ~ - ~ -4: uJ --12 8 6-- i-4- -6- NORTH STA 1 +50 SOUTH NORTH SOUTH oo ' -~0 ' -~00 ' -~50 ' -~00 ' -1'50 ' -~'00 ' -~0 ' DISTANCE FROM BASELINE (FEET) NORTH SOUTH STA 1 +75 NORTH SOUTH oo ' -~so ' -~oo ' -~5o ' -~oo ' -1'5o ' -1'oo ' -to ' DISTANCE FROM BASEUNE (FEET) NORTH SOUTH STA 2+00 NORTH ' -~50 ~ ' ' -~oo -2'5o -~'oo -1'~o -~oo ~o DISTANCE FROM BASELINE (FEET) NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 SOUTH 10/98 Pre I ......... 4/99 Po~ 4/02 Pos+ 61o3 ! ! STRAND COURT COLLIER COUNTY ~ INAPLES, FL 34110 I FAX: 2-%9 594 2025 /DATE:6/25/05 IFILE: XSECT ISCALE:1"=100' IPHONE:: 259 594 2021 FILE:90860 IDATUM:NGVD IF GURE: 5 8 8 -12 NORTH STA 2+37.5 SOUTH NORTH oo ' -~5o ' -~!oo ' -Ao ' -~oo ' -~'~o DISTANCE FROM BASEUNE (FEET) SOUTH I ' -100 -dO NORTH STA 3+00 SOUTH NORTH oo ' -t~o ' -~oo ' -~so ' -~oo ' -150 DISTANCE FROM BASEUNE (FEET) SOUTH -1100 ' -dO ' NORTH SOUTH STA 3+64.5 NORTH SOUTH 200 -~'~o -1'oo -~o ,6 ~'o 1~o 1~o 2, · ~ -2-' ~-4-' -lO-: -12 DISTANCE FROM BASEUNE (FEET) I10/98 Pre ......... 4/9g Poll 4/02 Poaf NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 6/03 i' i~~'"'1 CLAM BAY CROSS SE:CT,ON CUT4 I~,. s~-.....~ cou., ~J~:~I~IENC;[I~EER~FOR: COLLIE:R COUNTY , INAPL£$, FL 34110 !~,.o,..,~[~.~,., /DATE::6/25/05 IFILE: XSECT ISCALE:I"=IO0 IFAX: 259 594 2025 11,;,~;;,~,,,,2' l JOB FILE::9086a IDATUI~:NGVD IFIOURE:: 6 i.Ho.[: 2~ 5., 202, e: -12 -; NORTH NORTH I I O0 -150 -100 STA 4+10 -~0 ' ~t 510 ' 1(~0 DISTANCE FROM BASEUN[ (FEET) SOUTH SOUTH 2, e- ~c ~' -2-' -~. -12 NORTH STA 4+60 NORTH O0 ' - 1;50 - 1100 ' -~o ~ s'o ' 14o DISTANCE FROM BASEUNE (FEET) SOUTH SOUTH ' 1~0 2~ NORTH ' _1100 -2- -12I , -~00 -1150 STA 5+10 D,STANCE F.OM .AS£U.£ (FEET) SOUTH SOUTH ,~o ldO NOTE: 2002 DREDGING WAS B~EEN STATIONS 5+00 AND 17+50 10/98 Pre ......... 4/99 Post 4/02 Post e/oz H[]MISTON I CLAM BAY CROSS SECTION CUT 4. ENGINEERS~FOR: COLLIER COUNTY co^:~< IDATE:6/25/03 IFILE: XSECT ISCALE:I"=IO0' 10 5679 STRAND COURT NAPLES, FL 34110 FAX: 259 594 2025 PHONE: 259 594 2021 r. NORTH SOUTH STA 5+60 r- - NORTH SOUTH :200 -1'50 -1100 -~ ~ 510 160 1 dO 2( - DISTANCE FROM BASELINE (FEET) NORTH SOUTH STA 6+10 10 NORTH SOUTH ~oo -1'5o ' -1'oo ' -lo ~ ' ~ 1~o ' 1~o ' DISTANCE FROM BASELINE (FEET) 6: NORTH SOUTH STA 6+60 \ / NORTH 30 ' -1'50 ' -1100 ' -~0 ~ 510 ' 11~0 ' 1~t0 DISTANCE FROM BASELINE (FEET) SOUTH NOTE: 2002 DREDGING WAS BETWEEN STATIONS 3+00 AND 17+50 ------ 10/98 Pre I ......... 4/99 Po~ I 4/02 Po~ 6/03 HUMISTON CIA ~.~N.~INEI%'RSIFOR= COLLIER COUNTY t.~.,.L~.,. ,~. /DATE:6/25/03 IFILE: XSECT ISCALE:~"=~O0' -~,,,~,;i~"' /JOe rlLE:gO86a IDATUM:NGVD IFIGURE: 8 11 567g STRAND COURT NAPLES, Fl 34110 FAX: 239 594 2025 PHONE: 259 594 2021 SHORT TERM WIDTH AND CROSS SECTIONAL CHANGES 09/24/01 4/02 6/03 % Change Area Station Number Width/ft./ Area lft2/ Width(ft./ Area{ft21 Width{ft./ Area(ft2t 9/01-4/02 4/02-6/03 9/01-6/03 0+00 336 351 380 408 400 304 16% -26% -13% 0+25 299 352 360 320 232 303 -9% -5% -14% 0+50 242 334 342 261 233.4 287 -22% 10% -14% 0+75 222 297 327 308 188.9 104 4% -66% -65% 1+00 188 292 313 303 84.8 109 4% -64% -63% 1+25 171 284 296 283 67.7 100 0% -65% -65% 1+50 149 272 210 241 64.5 115 -11% -52% -58% 1+75 134 270 138.8 236 144.9 230 -13% -3% -15% 2+00 131 282 129.8 271 159.7 205 -4% -24% -27% 2+37.5 130 281 104.2 202 125.8 112 -28% -45% -60% 3+00 97 261 96.2 209 115.6 83 -20% -60% -68% 3+64.5 85 234 49.2 192 41.6 189 -18% -1% -19% 4+10 118 238 174.3 542 113 212 128% -61% -11% 4+60 125 246 181.2 539 65.9 160 119% -70% -35% 5+ 10 115 280 122 308 56.2 10% 5+60 81 261 76.4 235 61.7 157 -10% -33% -40% 6+10 61 245 62.5 213 61.5 174 -13% -18% -29% 9/01 4/02 6/03 Average TABLE 2 Post Tropical Storm Gabrielle Monitoring Survey Maintenance Dredging Post Construction Monitoring Survey 8% -36% -37% LONG TERM WIDTH AND CROSS SECTIONAL CHANGES 4/22/1999 10/00 6/03 % Change Area Station Number Width (fi'/ Area (ft2/ Width (ft.I Area (ft2/ Width (ft./ Area (ft21 4/99-10/00 10/00-6/03 4/99-6/03 0+00 324 546 117 130 400 304 -76% 134% -44% 0+25 326 529 112 125 232 303 -76% 143% -43% 0+50 328 536 114 129 233.4 287 -76% 122% -47% 0+75 295 508 119 141 188.9 104 -72% -26% -80% 1 +00 259 468 150 153 84.8 109 -67% -29% -77% 1+25 212 472 129 134 67.7 100 -72% -25% -79% 1+50 157 385 111 133 64.5 115 -65% -14% -70% 1+75 104 301 116 104 144.9 230 -65% 121% -24% 2+00 94 249 159~7 205 -18% 2+37.5 98 264 60 115 125.8 112 -56% -3% -58% 3+00 106 330 99 229 115.6 83 -31% -64% -75% 3+64.5 70 246 78 109 41.6 189 -56% 74% -23% 4+10 151 476 113 127 113 212 -73% 67% -55% 4+60 168 658 135 149 65.9 160 -77% 7% -76% 5+ 10 121 406 90 163 56.2 -60% 5+60 72 215 63 147 61.7 157 -32% 7% -27% 6+10 60 152 55 154 61.5 174 1% 13% 15% Average -60% TABLE 3 4/99 Management Plan Improvement Dredging Post Construction 10/00 Monitoring Survey 6/03 Monitoring Survey 35% -49% CLAM PASS INLET CROSS SECTION AREA CHANGE Station Number Oct-98 Jun-03 Change Increase 0+00 117 304 187 159.83% 0+25 100 303 203 203.00% 0+50 84 287 203 241.67% 0+75 82 104 22 26.83% 1+00 74 109 35 47.30% 1+25 70 100 30 42.86% 1+50 88 115 27 30.68% 1+75 2+00 129 230 101 78.29% 2+37.5 120 205 85 70.83% 3+00 62 112 50 80.65% 3+64.5 100 83 -17 -17.00% 4+10 59 189 130 220.34% 4+60 78 212 134 171.79% 5+10 73 160 87 119.18% 5+60 68 157 89 130.88% 6+10 64 174 110 171.88% Average 85.5 177.75 92.25 111.19% ~- 45.05% Weighted 103.10% TABLE 4 -- 13 This is a relatively small inlet with limited ability of tidal currents to scour sand from the inlet, particularly when large quantities of sand are deposited within the inlet during storms. This is why the inlet has been unstable and subject to closure in the past, and the reason the 1999 dredging was designed to improve tidal flow and inlet stability. It is expected that the tidal flow will gradually decrease with re-formation of the flood shoal, at which point the effects of wave energy on the inlet system and channel alignment will increase. The need for maintenance dredging in the future is anticipated. The changes in tidal flow as a function of the tidal prism have been documented as part of a tidal study which has been ongoing since prior to the 1999 dredging project. The results are shown in the tidal study section of this report. 5. Interior Channels The interior channel cuts are shown on Figure 1, illustrating the location of cuts 1, 2, 3, and 4, which were dredged in April 1999. The cuts selected for dredging were identified as channel sections which presented restrictions to flow in comparison to other channel sections within the bay system. As indicated in previous reports, the cross sectional area was significantly improved by the dredging, and in all but a few specific locations, the cross sectional area has changed very little since the dredging. This illustrates the difference between the dynamic inlet entrance, which is exposed to high sand transport rates, and the interior channels, which are not. Dredging of the interior channels contributed to the improved hydraulic efficiency of the bay system and the inlet, however, it is not anticipated that the interior channels will require as frequent maintenance dredging as is anticipated for the inlet. Cuts 1, 2, and 3 are scheduled to be surveyed in April 2004. Cross sectional flow areas for these cuts will be computed in the next monitoring report. 6. Tidal Study Prior to the commencement of the March 1999 dredging, water level recording gauges were installed at selected locations within the Clam Bay estuarine system and Gulf of Mexico to measure tidal ranges. Tides along the southwest Florida Coast are mixed in that they exhibit both diurnal (one tide per day) and semidiurnal (two tides per day) characteristics during the course of a one month lunar cycle. Both the pre and post dredging tidal data collection were carried out for a full month to obtain average values representative of the general tidal characteristics for Clam Bay. The locations of the gauges are shown in Figure 1. Tidal phase lag is the time difference between the high and Iow tide in the Gulf of Mexico and the corresponding high or Iow tide in the bay. The magnitude of the phase lag is an important indicator of inlet dynamics. Figures 9 and 10 show a comparison of the tidal phase lag at high and Iow tide conditions at the three tide gauge locations. In each case the Iow tide phase lag was larger than the high tide phase lag. The most recent tidal data, from November 2002 through February 2003, show a general increase in phase lag over the range established after the March 1999 dredging. Although there is some scatter in the data, this general trend indicates that during the period since the January 2002 maintenance dredging, the tidal flow through Clam Pass entrance channel has become more restricted and has reduced the level of tidal exchange throughout the bay system. The relative tidal range was also evaluated for the post 1999 dredging conditions at each tide gauge location as illustrated in Figure 11. In each case there was a significant increase in the tidal range as a result of the March 1999 Clam Bay Restoration dredging project. Additionally, the January 2002 maintenance dredging appears to have helped to maintain the improved tidal range. Data from the most recent monitoring period shows accretion in the channel resulting in reduction of the cross sectional flow area, which allowed less water into the bay. Since less water gets into the bay on flood tide and less leaves on ebb tide as a result of the increased restrictions to flow, the average tidal range decreased. The most recent tidal data, from November 2002 through February 2003, show that the tide ranges decreased slightly from the post dredging values yet remain higher than the 1999 pre-dredged condition. As with the phase lag discussion above, this indicates that the accretion of material in the Clam Pass entrance channel has had a restrictive effect on tidal exchange throughout the bay system. 7. Beach Profiles Figures 12 and 13 present the results of the wading depth profiles surveyed during November 1998, April 1999, October 2000, August 2001, and April 2002, to the nodh and to the south of Clam Pass, respectively. Stations R-38 and R-39 show an increase in sand volume in the dune area. This is the result of a dune restoration project completed in 2002. Erosion immediately nodh of the inlet at R-42 and accretion south of the inlet at R-42 indicate northward migration of the channel, also illustrated in Figure 2. Further south at R-43 and R-44 there was moderate erosion, at rates consistent with historical rates for this area. -- 15 -~00000000000 sJnoH :)e13011oo elec] ON ;)01301100 ele(3 ON 16 0000~~ 000~000~0000 ~000~0 000 P~lOellOO e;eO ON P~lO~llOO e;eO ON 0 0 sJnoH 17 LU !.O/gZ/OI. o], I.O/Z/O I. woJj e]eC] I.O/61JZ o] !.O/gZ/9 woJj e~,eO Z elqel!e^e elep ou 'pepooD eDne9 ~> 0 0 0 L~ 0 0 0 0 0 0 18 NORTH OF INLET 10¸ ~ - ...... 11/98 io- 4/99 4/02 MHW (+1.50' NGVD O' NGVI 4/03 COMPLETED IN NOVEMBER 2002 ~*~.~ DISTANCE SEAWARD OF DNR MONUMENT, FEET 1o- R-59 ....... 11/98 ...,~ MHW (+1.50' NGVD~ ..... 4/99 "\ "~ O' Nb'VD 4/02 ~":~ 4/03 NOTE:: DUNE RESTORATION ~*'~* ~' COMPLETED IN NOVEMB£R 2002 , . "~,"~ . 160 150 200 250 500 DISTANCE SEAWARD OF' DNR MONUMENT, FEET 10- 8- Z ~. ....... 11/98 4/or - ' 4/oz MHW (+1.50' NGVD~ O' NGVI 0 50 1 O0 150 200 250 300 DISTANCE SEAWARD OF DNR MONUMENT, FEET ~ 2t ....... 11/98 '-.~,,, ~ \ MHW ('+1.50' NOVD')I / 4/02 ...... ........ I I -50 0 50 150 150 200 250 300 25o DISTANCE SEAWARD OF DNR MONUMENT, FEET R-41 wac relocated 2' south and 6.0.77' eaM' of the, old point established in 1973 In 2001.. All of the. older profllss (2000 9.nd before) were shifted by 60.77' to be matlve ~o the new (2ool) monument IoQanon. i: ......... 7'-'7 ........ :--~HUMI~-"'rON II ClAM PASS NORTH BEACH PROFILES ~! i.~ ! ~' M(X)I~J~. I DRAWING NAME ~I~INE~R~FOR: COLLIER COUNTY ff ~ II :: ~ ~ /DATE:07/01/O~ IrlLE: ~MONS ISCALE: '~ "" "l~[u,~'~;,"[ /JOB FILE:9068 [DATUM: NGVD IFIOURE: 12 19 5679 STRAND COURT INAPLES, FL 54110 FAX: 239 594 2025 PHONE: 239 594 2021 SOUTH OF INLET o ....... 11/~ ~ o.- .... ,,/,, ~ "~..."-._ ...... o' -2- 4/0~ .... -4 -~oo -~ i ~ ~ ~ ~ ;iD DISTANCE S~WARD OF DNR MONUMENT, 10 R-45 ~:~- ~'x. ~,?-, ~ ~- _ ...... ~/~, ~. '~._ ~ ~,~.~' ~o~ .- ....~/,~ ~X-.. '-.~. o ~ ~/0~ "-. ~-~ -- i?-- ~/oa ... - 100 -~ ~ ~ 1 ~ 1~0 2~0 DISTANCE S~WARD OF DflR MONUMENT, 10 ~" ~~. z°> 6- f/'// o ....... 11/98 M~ (+1.50' - ,/.. ~",. o' N~ ~ ~ ~/o~ ' - ~ ~/0~ . -~oo -~ ~ ~ ~ ~ 2~ 2~o ~IS~ANC~ S~AW~RD OF D~R MONUMENT. -~L'~( ~ C~M B~Y SOUTH B~ACH PROFILES I /~AI ~ DRAWING NAME 5679 STRAND COURT ~~*li~s~~m~s~:o~/o~/o~lr~: ~o~s Isc~c~:~":~oo' ', JOB FILE:9068 ID~IU~:~O~D IFIGURE: 13 20 ]61! 8. Conclusions and Recommendations The hydraulic efficiency of the inlet was significantly improved by the dredging of the inlet and flood tidal shoals in April 1999. The maintenance dredging of February 2002 has helped to maintain the improved hydraulics. Prior to implementation of the Clam Bay Restoration Plan in 1999, the inlet had closed several times and maintenance dredging had been done on an annual basis from 1995 through 1999. The maintenance dredging of January 2002 was nearly three years after the management improvements completed in March 1999. Furthermore, the inlet did not appear to be in danger of closing when it was dredged in 2002; the dredging was completed as inlet management, to maintain the inlet improvements and to use the sand on the beach to address inlet impacts. The long-term management of the Clam Pass inlet system should include continued monitoring of the inlet channel from the gulf to the interior, as well as the meandering connecting channels including the dredge cuts, within the Clam Bay system. However, the 2002 monitoring data show that Cut 1, Cut 2, Cut 3, and the inner part of Cut 4 have been relatively stable since the dredging. This is because these cuts are a long way from the shoaling which occurs due to littoral transport near the entrance to the inlet where sand is carried into the inlet on flood tides. It is therefore not considered to be necessary to survey the inner cuts on an annual basis, and it is recommended that continued monitoring of these areas be conducted at two-year intervals in the future. If future monitoring continues to show little change in this area, the monitoring interval may be increased further. The tidal studies should be continued as an integral part of the monitoring of the Clam Bay system because they will indicate when shoaling of the inlet has occurred to the extent where tidal circulation in the bay system is affected. Although, dredging portions of the meandering channel appears to have contributed to improved flushing of the inner and upper Clam Bay, the tidal exchange remains relatively Iow. If further enhancement to flushing of the remote northern portion of the bay system is necessary, that may be accomplished by straightening sections to the meandering channel. This approach would necessitate removing some existing mangroves. This would require a demonstration that removal of a relatively small section of mangroves would be beneficial to the broader goal of managing the ecology of the overall bay system. The recent tidal data shows a general increase in phase lag and decrease in tide range within the bay system for the November 2002 to February 2003 time period. These changes may indicate increasing flow restriction in the inlet due to shoaling, and possibly the need for dredging. However, the average inlet cross sectional area remains more than twice as large as it was when it was subject to frequent closure prior to the 1999 dredging improvements. The inlet sections do show a smaller cross section on one station, possibly due to shoaling from a storm event. A restriction such as this would be expected to scour back out since the channel sections on both sides and one station are clear of shoals that would contribute to restricting flow. It is possible that shoaling of this nature was responsible for the observed increase in phase lag and decrease in tide range. Shoaling such as this is an indication of the ongoing tendency of littoral transport to deposit sand in the inlet, but is unlikely to present a problem unless its persistence coincides with a severe weather event accompanied by unusually high transport into the inlet. Due to the fact that the condition of the inlet is significantly better than it was during the period of time when closure was occurring, the -- 21 current level of shoaling does not appear to be serious enough to warrant maintenance dredging at this time. The ongoing monitoring of tidal data and inlet geometry will provide direction regarding the need for maintenance dredging and establishment of an maintenance dredging interval. Pending results of the next monitoring event, the previous recommendation of a maintenance interval of 3 to 4 years is still considered reasonable. A three year monitoring interval would call for dredging in December 2004 -- 22 SEP 17 2003 4:3SPM HP LRSERJET 3200 p.11 INFO~TION $I-IEET ON CATT,~n.S tTYpka IN THE CLAM BAY ECOSYSTEM P!a~t Description: The cattail is probably thc most familiar of all wetland plants. Their brown flowering pods can be seen at the edges of ponds, rivers, lakes, or just about any place where there is shallow standing water for a portion of the year. Cattails are tall erect plants that can grow up to 9 feet high. They have two different methods ofrepmduction. The first is through vegetative shoots fi:om spreading roots. In laboratory conditions, a single seedling has been shown to produce as many as 98 vegetative shoots in a single year. The second method o£regeneration is prolific seed dispersal. Studies have shown ranges from 20,000 to as high as 700,000 seeds produced per plant. And germination rates under favorable conditions can approach 100%. EeoloL, v: Tbo cattail has its place in Ibc wetland ecosystem It provides places for n~Xing and protective cover for several animal species. The plant and its flowers are edible during certain stages of growth. It was also widely used by Native Americans for a variety of types of weaving. It is believed to be a natural component of the Everglades ecosystem that naturally occurred in widely scattered diffuse stands. However, changes to natural systems either through disruptions in hydrology or nutrient loading has lcd to rampam cattail growth and spread throughout south Florida. Because of the rapid growth rates of cattails and the prolific seed production~ this plant can rapidly take over areas to the exclusion of all other plants. Cattails colonies invading native areas in south Florida have been observed to expand as much as 17 feet in a single year. This means that a 50-foot diameter area (0.04 acres) could expand to 220-foot diameter (0~90 acres) within five years. Growth rates are even higher in disturbed areas where competition with other plants is limited. [ts uncontrolled growth can Icad to the clogging of waterways, closing of open water habitats, ellmin.~tion of habitat and species diversity, declines in water quality, and reducin~ the opportunity for oth~ plant species to become established and survive. Cattails arc so successful because they form extensive monocultures very rapidly and maintain their dominance with the formation of dense rhizome (moo mats and leaf litter. Aside fi.om its prolific growth, the cattail has also been shown to release chemical compounds that can prevent the growth of other species. This "allelopathic" propc'wty is another means by which the cattail is able to out-compete other species and take over areas that would normally contain a variety of plant species. Page 1 of 3 SEP 17 2003 4:36PM HP LRSERJET 3200 16 86 p.12 Almost all studies indicate that control of cattails is an important component when trying to manage natural wetland habitats and promote species diversity. The basic goals of cattail management should be: To comrol the spread and domination of cattail into adjacent natural areas, To prevent declines in other species from cattail proliferation, To prevem the development of rnonotypic cattail growth and loss of habitat diwrsity. Management of cattails is always site specific and methods that work in one instance may not work in others. Different management alternatives include hand cutting of roots and stalks, burning, flooding, shading, chemical treatment, as well as manual and mechanical We initially sprayed and cm the stalks in April of 2001 and them selectively sprayed catt~ regrowth on an as needed basis. While some areas responded well to this methodology, others kept pace with the spraying and were still well established. Residents concerns over the appearance of the cattail area and Board concerns as to the time taken on this activity led us to recommend a change in the management techniques being used in this area. It is important to re~ii~,e that the cattail removal was undertaken in an attempt to restore the vegetative divemity to an area that had been completely dominated by cattails. The removal of the cattails was performed as a proactive initiative to remove a mass of dead vegetation and the live cattails that produce this biomass. These cattail.~ were no longer productive due to their previously unchecked growth and it was dets:iafined that thc cattails should be removed before the area crashed either due to saltwater intrusion or increasingly poor water quality from the leaf litter build-up. The concerns of saltwater intrusion into the area arose fi'om the potential of saltwater to enter the cattail area through channels that were cut through the mangroves. These channels were dug in order to help water flow through the mangroves and alleviate some oftbe stressed areas that were observed adjacem to the berm The channels were in no way nor at any time put in to control the cattails. It was simply foreseen as a possibility that saltwater could eventually access the berm and could potenthlly impact the cattails. While this was seen as a good thing in the long-term, it was also a concern in that if the saltwater killed the cattails eh-mass, then a large mass of rotting vegetation would be the initial result and resident's views would be severely impacted until appropriate native vegetation was restored. As it turned out, resident dissatisfaction with the views resulting~om the removal efforts and subsequent herbicide treatmems forced us to discontinue the program and allow the cattails to regenerate. Page 2 of 3 SEP 17 2003 4:36PM HP LRSERJET 3200 p.13 16 I1 We are still recommending the ca, ail control efforts but have not implemented any additional work due to the residem's concerns. The cattails have reestablished in the ma~a except for the small plot adjacent to the north tram station that we planted and have kept up with the spraying regime. To enhance the environmental health of this area, while allowing the cattails to grow, we have recommended periodic removal of cattail biomnss (leaves) to keep production higher in the system and keep excess decaying matter from impacting water quality. This activity has not been authorized or implemented as of yet. When the cattails have reached the point where water and habitat quality is once again being adversely affected, hand cutting and thinning of areas will need to be undertaken. We believe that this can be done successively so that visual impacts are minimized while management goals are still achieved. Ill/3 of the area is done each year it is estimated that the cost would be approximately $50,000 - $70,000 per year. This will most l~ely need to be considered for the 200S budget year. This program should allow the area to maintain its water quality trealment potential while still exhibiting ample re-growth and "staying green" for the winter visitors and residents. In an attempt to enhance both the aesthetic and the ecological values of the area, another option is also being explored. This option would involve mectmnical ~v~noval of the cattails and the underlying muck and decaying leaf litter. Budgetary constraints make this option not feas~le at this time. However, should additional funds beceme available, this option may be suggested to the Board for consideration. It would be a long and expensive process that would require additional permits to dredge the material out and then would most likely require placement of clean fill to restore lhe wetland elevations and replanting of the area. The budget could be as high $1,500,000 - $2,000,000. This option would also have a big impact on the visitor experience around the cattail area. The work would need to be done during the winter when the area is the driest and flows are the lowest. The north tram station would probably need to be closed for staging the operation, ~ the be~n itself would be impassible due to the construction vehicles. The removal effort itself will be a dirty, smelly, noisy ~ and the area will most likely take a~ least a year for the replanting to take and the area to green up again. Condusion: We are well aware of the visitor and resident expectations with regards to the Clam Bay system in general and the berm area in particular. The visual appearance of an area can make a lasting impression on a visitor and can mean the difference between whether or not the visitor will return to the ares~ However, the residents of Clam Bay need to be aware of the constraints under which we work and the time involved to achieve almost any goal pertaining to ecological restoration or alteration- We a.re still trying to find an alternative to dealing with the cattail area that makes ecological sense while at the same time resolving the residents concerns. Page 3 of 3 16 & ASSOCIATES, INC. btARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B · Naples, Florida 34104 · (239) 643-0166 · Fax (239) 643-6632 September 11, 2003 Kyle Lukasz Pelican Bay Services Division 801 Laurel Oak Dr. Suite 605 Naples, FL 34108 Dear Kyle, Pursuant to your letter requesting additional information regarding the Foundation boardwalk widening, please find enclosed five sets of the appropriate information. This packet includes the South Florida Water Management District permit, a set of permit drawings, and the mangrove trimming protocol for the project. At the Division's request, a survey has been performed which locates each mangrove that has the potential to be affected in any way (tied back or cut) by construction. This survey is also attached, showing the locations of 41 trees. This survey will allow our staffto conduct periodic checks during construction and a~er completion to ensure that no other mangroves in the area have been affected. It is our opinion that about half of the mangroves surveyed are likely to need to be cut. In response to the Division staffassertion that the proposed mitigation (planting two trees for every one cut) is not sufficient to offset the trimming/cutting impacts, the Foundation has agreed to contribute funds for any future trimming activities along or over the boardwalks within the mangroves. However, details regarding specific amounts will need to be discussed between the Division and the Foundation. We would like to submit this information to be included on the next Sub-committee agenda for discussion. Please call if you have any questions. Sincerely, Kara Cave Form #0941 08/95 1611 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11-00065-S DATE ISSUED: August 8, 2003 PERMITTEE: PELICAN BAY FOUNDATION INC 6251 PELICAN BAY BLVD NAPLES, FL 34108 PROJECT DESCRIPTION: An Environmental Resource Permit modification for the two foot widening of the Commons at Pelican Bay Boardwalk which crosses a wetland system between the Pelican Bay residential dev-efopment and Clam Pass. PROJECT LOCATION: .COLLIER COUNTY, SEC 8,9 TWP 49S RGE 25E PERMIT DURATION: See Special Condition No:l. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 030516-4, dated May 16, 2003. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages: 2 - 4 of 6 ), 3. the attached 13 Special Conditions (See Pages ' 5 - 6 of 6 ) and 4. the attached 8 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" ha.~b/e'e~".rpailed tp th~ Permittee (and the persons listed in the attached distribution list) no later than 5:00 p;.,r~. ?rr~bi~'~Sth~fa~ of August, 2003 in accordance with Section 120.60(3), Florida Statutes. ./"/-../-~..'." .,.~.~ . Carla N Palmer P E -"::~.~/~',~'~/~. ~"~,f?~.~ ~ '.-' · ',- ~rec~or j ~. ,,..,' .;/ .~' , Lower West Coast Certified mail number~'-/z'_7002,0~i0 0002 3000 5737 Page 1 of 6 NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative headng or judicial review that is available under this section, s. 120.57, or s. 120.68: shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. No[ all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish ~o consult an attorney regarding your legal rights. Petition for Administrati,~e Proceedings 1. A person whose substantia! interests are affected by the South Florida Water Management District's (S,=VVMO) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set fo~lh below. A point cf ent,'y into administrative proceedings is governed by Ru!es 28-!06.11! and 40E-1.511, Fla. Admin. Code, (3!$o published as an exception to ti~e U~iform Rules of Prccedure as Rule 40E-0.109), as set fo,th below. Petitions are deemed filed upon receipt of the odginal documents by the SF'~'MD Clerk. a. FormaIAdministrative Hearinq: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal headng on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.589 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573. Fla. Stat. within 21 days. except as provided in subsecticns c and d. below, of either wdtten notice ti~rough mai! or posting or publication of notice that the SFWMD has cr in[ends to take final agency action. Petitions must sdi3stantialfy comply witr~ the requirements of Ru~e 28-106.201(2). Fla. Admin. Code. a copy cf the which is attached to £h~s Notice of Rights. b. Informal Administrative Hearina' If there are no issues of matedal fact in dispute, the affected person seeking an informal headng on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either wdtten notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2). Fla. Admin. Code, a copy of the wh~cr; is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of e~ther subsection 3 or b a~'ove d. State Lands Environmental Resource Permit: Pursuan~ to Section 373.427, Fla. Stat.. and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Ru!e 40E- 0.109('2)(c)) a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmen~a! Resource Permits and Use of Sovereion Submerged Lands (SLERPs), mL~St be filed within !4 da'O's of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Orde~t A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order', has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the ten,ms of the Emergency Authorization and Order. f. Order for Emergency Actior~: A person whose subs:an[iai interests are affected by a SFWMD Order for Emergency Action has a ~ig~t to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Adrnin. Code, copies of which are a~ached to this Notice of Rights, and Section 373.119(3), Fla. Stat.. for a headng on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding snail be separately noticed pursuant to section g. below. g. Permit Susoension, Revocation. Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sedions 120.569 and 120.57. Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice t~at the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights 2. Because the administrative hearing pro;ess is designed to formutate final agency action the fi~ing of a petibon means that the SFWMD's final actior~ may be different from tr~e position taken by it preciously. Persons whose substantial interests may be affected by Rewsed August, 20O0 arty suct~ final decision of the SFWMD shall have: pursuant to Rule 40E-1.511(2), Fla. Admin Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be li~.'nited to the substantial deviation 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. St. at., may waive their right to such a hearing and request an informal headng before the Governing Board pursuant to Section 120.57(2), Fia Sr. at which may be granted at the option of t~e Governing Board 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for ex!ension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the exlens~on. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without ju~ compensation may seek judicial review of the action in circuit court by filing .~ civil aotion in the circuit court in ~he lud~cial circuit in which the affected property is located within 90 days of the rendenng of the SFWMDs final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Sta,'_., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining ,lady may then file a civil suit for ~njunctive relief in the 15" Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any storrnwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. I 6", DISTRICOURT PPEAL :':~ 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Flodda Rule of ApPellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate distdct where a party resides and filing a second copy of the notice ~vi[h the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SF-WMD's final agency action to deter,mine if such action is consistem with the provisions and pu~oses of Chapter 373 Fta. Stat. Pursuant to Section 373.114, Fia. Stat, and Rules 42-2.013 and 42-2.0! 32, Fla. Admin. Code: a request, for review of (a) an order or n,~le of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(I). Fla. Stat., must be filed no later than 20 days after rendition o¢' the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. 4.dmin. Code is attached to this Not;ce o,~ Rights PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of [he SFWMD has inordinately burdened an existing use of the real property, or a vested dght to a specific use of the real proper[y, may file a claim in the circuit court where the real property is located ,,vitNn 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001 (4)(a). Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is un~'easonable, or unfaidy burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMO's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51 (4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are. or may be. affected by the SFWMDs adion may chcose mediation as an alternative remedy under' Section 120.573, Fla. Stat. Pursuant to Rule 25-106.111(2). Fla. Adnnin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised August, 2000 publication of notice that t~e SFWMD has or intends to take final agency action. Choosing mediation will not affect the dght to an administrative headng if mediation does not result in settlement. Pursuant to Rule 28-106402, Fla. Admin. Code, the contents of the petition for medialion shall contain the toliowing information: (1) the name. address, and telephone []umber of the person requesting mediation and that person's representative, if any: {2) a statement of the preliminary agency action: (3~ an explanation of how the person's substantial interests will be affected by the agency dete;'m, inatJon: and a statement of relief sought. As provided in Section 120.573. Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57. Fla. Stat.. for requesting and holding an administrative headng. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons ',,those substantial inte,~est will be affected by such a modified agency decision have a right to petition for headng within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat.. and SFWMD Rule 28-106.201(2), Fla. Admm Code. If mediation terminates without settlement of the d~spute, the SFWMD shall notify att pa~ies in writing trial the administrative headng process under Sections 120.5.339 and 120.57. Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or wilt violate pnnciptes of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SF'WMD Clerk requesting a variance from or waiver of the SF-%"v'MD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for ~adance from) or (Waiver o0 Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner: number and any facsimile number' of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing: (0 the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner;, (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute: and (i) a statement of whether the variance or waiver is permane;]t or temporary. If the vadance or waiver is te~,-nporacy, the petition shall include the dates indicating the duration of: the requested variance or waiver. A person requesting an emergency vadance from or waiver of a SF~vlD rule must cteady so state in the caption of the petition. In addition to the requirements of Section 120542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fta. Admin. Code, the petition must also include: a) the specific facts that n~ake the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waive,' is issued by the SFWMD more expeditiously than the applicab e timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above wilt constltute a waiver of such right. 28-106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules sr~aft contain: (a) The name and address of each agency affected and each agency's file or identification number, if known: (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any. which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency dete~Tnination; (c) A statement of when and how the petitioner received notice of the agency decision: (d) A statement of all disputed issues of material facL If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged: as well as the rules and statutes which entitle the petitioner to relief; and (0 Ademand for relief. Revised August, 2000 28-106.301 INITIATION OF PROCEEDINGS (NOT IN'v©LVING DIS~UTEE) ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for ser,,,ice purposes dudng the course of the proceeding, and an explanation of how the petitioner's substantial interests wi!i be affected by the agei~cy deten-nination; (c) A statement of when and how the petitioner received notice of the agency decision: (d) A concise statement of the ultimate facts alleged, as well as the rules and sta~.utes which entitle the petitioner to t'elief; and (e) A demand for relief. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for headng filed in accorda~-~ce with this rule shatl include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a headng mvo!ving disputed issues o1' matedal fact, or a hearing not involving disputed issues of matedal fact; and (c) A reference to the notice, order to show cause, sdministrative complaint, or other communication that the par~y has received from the agency. 42-2,013 REQUEST FOR REVIEW PURSUANT TO SECTION 373,114 OR 373.217 (1) In any proceeding adsing under Chapter 373, F.S., review by the Flodda Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for suc,1 review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on ail parties to the proceeding which resulted in the order sought to be reviewed. A certificate of sen/ice showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time pedod provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be at(ached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S, or rules duly adopted theretinder; (b) Ho~v the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought: (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whetiqer the order raises issues of policy, statutor'), interpretation, or rule interpretation that have regio,']al or s!atewide significa,qce from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the o~der, or remand the proceeding to the water management distdct for fu~her action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate sedous danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restdct a license. (2) the 14-day notice requirement of Section 120.569(2)(b). F. S. does not apply and shall not be construed to prevent a hearing at the earhest time practicable upon request or a?~ aggde,,,ed party. (3) Unless cther'wise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule. the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections !20.589, 120.57. and 't20.80. F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare: the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial: industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Diremor may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2000 GENERAL CONDITIONS Application No. 030516-4 Page 2 of 6 Ail activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shatl require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution controt to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shaII submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion/Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the GENERAL CONDITIONS Application No. 030516-4 Page 3 of 6 approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. 13. 14. 15. 16. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the tide to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(4), F.A.C., also known as the "No Notice" Rule. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to [he requirements of Rules 40E-1.6105 and GENERAL CONDITIONS Application No. 030516-4 Page 4 of 6 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permit'tee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 10. 11. 12. 13. SPECIAL CONDITIONS Application No~ 030516-4 Page 5 of 6 The construction phase of this permit shall expire on August 8, 2008. Operation of the boardwalk shall be the responsibility of PELICAN BAY FOUNDATION, INC. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the sudace water management system. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. The District reserves the right to require that water quality treatment methods be incorporated into the project if such measures are shown to be necessary. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. All special conditions and exhibits previously stipulated by permit number 11-00065-S remain in effect unless otherwise revised and shall apply to this modification. Plan sheet labeled South Beach Boardwalk showing the proposed boardwalk section, signed, sealed and dated by Todd Turrell, P.E., on June 26, 2003, is incorporated by reference into this permit modification and will be retained in the permit file. A time zero monitoring report for the Pelican Bay Boardwalk Expansion shall be conducted in accordance with Exhibit No. 7 for all replanted mangrove wetlands. The report shall include photographs of each area, from a fixed point photo-station following completion of the initial plantings. The report shall also include a description of planted species, sizes and total number within each restoration area. Annual monitoring reports shall be conducted on the aniversary of the plantings for 5 years after the initial plantings or until the District deems the plantings successful. A minimum of 85% of the plantings must survive for the restoration to be considered successful. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbances in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850)245-6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division o[ Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified ~ 6 I~,'.~ SPECIAL CONDITIONS 6 in accordance with Section 872.05, Florida Statutes. Application No. 030516-4 Page 6 of 6 SUBJECT PROPERT"/'r ~ SUBMITTAL 7 2003 3E CENTER FOUNDATION .OCATION MAP COLiN-FY ,&ER1 AL EXHI[ ;IT :.t DESIGNED T T ? t A£":Su2~; DvVG F~'¥1E BDWLK OATE J5-0~-03 %A ~,CALE N T S Last Date For Agency Action: 26-AUG-03 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Commons At Pelican Bay Boardwalk Expansion Permit No.: 11-00065-S Application No.: 030516-4 Application Type: Environmental Resource (General Permit Modification) Location: Collier County, SS,9FF49S/R25E Permittee: Pelican Bay Foundation Inc Operating Entity: Pelican Bay Foundation, Inc. Project Area: .49 acres Project Land Use: Recreational Drainage Basin: WEST COLLIER Receiving Body: Clam Pass via wetlands Special Drainage District: NA Total Acres Wetland Preserved Onsite: 49.80 Total Acres Impacted Onsite: .20 Total Acres Presv/Mit Compensation Onsite: 24.80 Conservation Easement To District: No Sovereign Submerged Lands: No This application requests an Environmental Resource Permit modification to authorize the widening of an existing boardwalk. The boardwalk crosses a wetland system between the Pelican Bay residential development and Clam Pass. App.no.: 030516-4 Page I of 5 EXHIBIT PROJECT EVALUATION: The site is located at the southern end of the Pelican Bay development and lies between the existing surface water management perimeter berm to the east and the existing south beach facility on the west. The existing 10 ft. wide, 1786 ft. long boardwalk crosses wetlands and contains no surface water management facilities. The wetland crossed by the boardwalk is the mangrove fringe on the Gulf of Mexico, near Clam Pass. The vegetation is predominantly black mangroves with numerous red mangroves throughout and concentrated near the waterways. The project consists of the widening of the existing boardwalk by 2 ft. to facility both foot and tram traffic. The widening extends from the existing deck and no additional pilings are proposed. Therefore, no adverse impacts are expected to the system. The other land use is the boardwalk. Construction: Project: Total Project Other .49 acres Total: .49 No adverse water quality impacts are anticipated as a result of the proposed project. Wetland Impacts: Approximately 50 to 60 mature black and red mangroves will be removed to allow for the proposed boardwalk widening. These are trees that are currently immediately adjacent to the existing boardwalk. Many of these trees have been trimmed or pruned heavily since the boardwalk was originally constructed. Mitigation Proposal: The mitigation for the direct impacts to 50-60 mature black and red mangroves will be to plant 100-120, 3- gallon red and black mangroves in several areas where lightening strikes have killed small, circular patches of mangroves adjacent to or in the vicinity of the existing boardwalk. These dead zones will be replanted on a 2:1 ratio to replace trees removed in association with the boardwalk expansion. Cumulative Impact Assessment: The proposed widening of the boardwalk will have no cumulatvie impacts on the adjacent wetlands. All App.no.: 030516-4 Page 2 of 5 EXHIBIT adjacent properties have been developed and are part of this development. No further structures similar to this boardwalk are anticipated in this area. Monitoring/Maintenance: The planted mangrove areas will be monitored annually for five years or until the planted trees reach mid- canopy height of 10' or greater. The replantings will be considered successful if 85% of the planted trees survive. The annual monitoring reports will begin upon completion of the pfantings with the baseline report due in March of 2004. Wetland Inventory: CONSTRUCTION MOD -Pelican Bay Boardwalk Expansion ONSITE Pre-Development Post-Developmenl Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Salt Water Forested .20 25.00 .30 24.80 Total: .20 25.00 .30 24.80 Endangered SpecieS: - :~ The project site contains preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special concern. Wetland-dependent endangered/threatened species or species of special concern were observed onsite, and submitted information indicates that potential use of the site by such species is expected to continue unimpeded. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. CERTIFICATION AND MAINTEN.AN..CE OFTHE WA. TER MANAGEMENT SYSTEM: .~ It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E-4361 (2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system wilt normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural App.no.: 030516-4 Page 3 of 5 EXHIBIT resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 030516-4 Page 4 of 5 EXHIBIT RELATED CONCERNS: Water Use Permit Status: A Water Use permit is not required for the project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a general permit issued pursuant to Section 40E-20 FAC. Historical/Archeological Resources: The District received correspondence from the Florida Department of State, Division of Historical Resources indicating the presence of a prehistoric archaeological site, the Clam Bay Shell Ridge (CR576), near the projected area of development. The site is not within the boundaries and since the area was previously surveyed, additional investigation is unnecessary. However, the agency recommended a condition be added to the permit (see Special Conditions). DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: .! NATURAL R ESOU.~E' MANAGEMENT: DATE DATE: App.no.: 030516-4 Page 5 of 5 EXHIBIT mE o~ uJ >.. Z ~ -.I UJ ~ Z 16Il.11' 161'1 e~ g6- MANGROVE TRIMMING PROTOCOL FOR PELICAN BAY BOARDWALK WIDENING CREATED BY TURRELL AND ASSOCIATES, INC. Florida's mangroves contribute to the overall health of the state's southem coastal zone. Mangrove roots provide attachment surfaces for various marine organisms. Many of these attached organisms filter water through their bodies and, in turn, trap and cycle nutrients. The roots also provide protected nursery areas for fishes, crustaceans, and shellfish. Many animals £md shelter in the branches of mangroves as well. The branches are rookeries, or nesting areas, for beautiful coastal birds such as brown pelicans and roseate spoonbills. For these reasons, mangroves are protected by State and Federal law. Since mangroves are a protected by law, certain restrictions apply for any activities which occur in their habitat. Trimming or cutting of mangroves requires a permit, which details specific guidelines to follow. The protocol presented in this document is based on the guidelines set forth by the Departmen~t of Environmental Protection (DEP) in permit number 0128463-001-JC for the Pelican Bay Services District (PBSD). PBSD has put a lot of time, effort and money into the restoration of the Clam Bay ecosystem as a whole. This protocol is presented to educate construction crews working in this sensitive area on the importance of mangroves and to prevent overactive or indiscriminant trimming that could result in localized damage within the systent Any person involved in trimming within mangroves must read this protocol and will need to sign an acknowledgement sheet stating that they have read and understand the information presented. Pelican Bay Community and Clam Bay Ecosystem There are three types of mangroves that can be found in our area - Red, Black, and White. Each tends to prefer a slightly different environment, particularly related to water levels and salinity. The different species can be identified through distinguishing characteristics. Red mangroves (Rhizophora mangle) typically grow along the water's edge. They are easily identified by their tangled, reddish roots called "prop-roots" that start at the trunk of the tree and grow out and down into the soil. These roots help stabilize the tree in the less-solid substrates where other plants would likely be too unstable. Red Mangroves Red Mangrove Leaves Prop Roots The black mangrove (A vicennia germinans) tends to occupy slightly higher elevations than red mangroves. These mangroves have numerous f'mger-like projections, called pneumatophores, that protrude from the soil around the base of the tree. The structures aid in providing oxygen to roots that become submerged for some period of time. Black Mangroves Black Mangrove Leaves Pneumatophores The white mangrove (Laguncularia racemosa) can be an early colonizer of disturbed areas, but usually only becomes dominant at the highest elevations farther upland than either the red or black mangroves. White mangroves have no visible aerial root systems, unlike its red or black counterparts. They can most easily be identified by their leaves. They are oval in shape, light yellow green and have two distinguishing glands at the base of the leaf blade where the stem starts. These glands allow the tree to excrete the salt it takes in from its water source. White Mangroves White Mangrove Leaves TRAINING PROCEDURES Contract workers will carry out activities in and around mangroves with the supervision of Field Supervisors or Field Managers. These supervisors are responsible for providing this protocol to any person who will be working within the mangrove area. Each worker must sign the acknowledgement form before he/she is allowed to perform duties in or around mangroves. Any questions not directly answered by this protocol will be addressed to Turrell and Associates staff or to DEP. MANGROVE TRIMMING PROCEDURES: Wherever possible, mangroves will be temporarily tied back rather than trimmed out of the work area. Only when branches cannot safely be tied back will trimming be considered. Prior to trimming or removing any mangroves, Turrell and Associates staffmust be notified. Before construction, any trees that will forseeably be cut completely or top trimmed will be identified and surveyed. Throughout construction, and upon completion, the activity area will be compared with the survey to ensure that no other trees are significantly affected. No branches with existing nests will be trimmed unless or until it is verified that the nest is not in use. Turrell.and Associates will be responsible for notifying DEP staff either by phone or in writing prior to any trimming activities. Primary Reasons for Trimming: >' To allow for the construction of an additional 2 feet in width along the boardwalk > To maintain boardwalk open and safe for pedestrian and cart traffic All trimmed mangrove parts larger than 1 inch in diameter will be removed to prevent restriction of tidal flow. After construction, the Pelican Bay Foundation will replant two mangrove saplings for every one tree significantly cut. Replanting will occur within nearby lightning strike areas. General Prohibitions: No machinery is to be operated on the ground within the mangroves during construction. - All construction activities will be conducted from the existing boardwalk. No herbicides or chemicals may be used to aker mangroves. No burning may be used to alter mangroves. No deliberate damage to prop roots, pneumatophores, and regular roots. No cutting of any mangrove that serves as breeding, nesting, or roosting area for colonial water birds, protected solitary nesting birds, endangered species, threatened species, or species of special concern or which is routinely used by those species. Turrell and Associates, Inc. Contact Information: Phone: 239-643-0166 Fax: 239-643-6632 Address: 3584 Exchange Avenue, Suite B Naples, FL 34104 Mangrove Protocol Acknowledgement I have read and understand the Mangrove Trimming Protocol for Pelican Bay. I understand that failure to follow these guidelines could result in penalties fi.om the Florida Department of Environmental Protection. Signature: Printed Name: Date: TURNAROUND Fiala Halas Henning ..... Coyle Coletta pelican Bay services Division Adopted Budget Fiscal Year 2004 September 4, 2003 Revenue Carryforward Transfer from TDC Interest Income Plan Review Fee Income State Matching Funds (Grant) lnterfund Transfers (Fund 111) Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projections Personal Services Administration: Indirect Cost Reimbursements Other Contractu~ Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Program Trash & Dumpster Fees Water Quality Testing Insurance - Vehicles Insurance - General Electricity Fertilizers, Pesticides Sprinkler System Maim Mulch Requirements Equipment Rental Licenses and Permits Repairs & Maintenance Minor Operating Supplies Employee Uniforms Other Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Expenditure Reserve Tax Collector Property Appraiser Revenue Reserve Total Appropriations iuivalent Residential Unit's: ected Rate: ERU or Millage ected Total Rate: ERU or Millage tual Rate (FY 2003) tual Dollar/Millage Change entno~ Chanoe Collier County Pelican Bay Services Division Fiscal Year 2004 Operating Budget General Funds Water Conununity Street Manal~ement Beautification Lil~hts Securit $29,200 $15,900 $87,100 $48,0{)0 $0 $0 $0 $0 $6,200 $14,900 $1,20{) $3.400 $1.500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $I) $0 $681,200 $1,656,100 $118,300 $452,900 $718.100 $1.686,900 $206,600 $504,300 $192,600 $823,50{) $74,400 $132,900 $0 $10,300 $20,600 $28,300 $20,100 $6OO $6OO $6OO $5,000 $5,000 $3,500 $5,500 $5,500 $2,000 $8,000 $8,200 $8D00 $ 1,300 $ 1,400 $ t ,300 $3,200 $600 $60O $3,000 $3.100 $3,000 $2,000 $2,000 $0 $3,000 $3,000 $0 $2,000 $2,000 $0 $3,000 $2.44)0 $500 $ 1,000 $2(X1 $0 $0 $0 $1,000 $10,000 $0 $1.500 $1,500 $0 $0 $117,800 $224,900 $12,60{) $14,000 $0 $0 $0 $95,0O0 $0 $0 $38,500 $0 $8,200 $24,500 $0 $14,000 $0 $0 $2,800 $6.500 $900 $2,400 $%900 $800 $0 $0 $30,300 $55,200 $31.000 $0 $0 $20.000 $0 $0 S47,800 $0 $0 $8,000 $0 $0 $1,000 $0 $8,200 $36.700 $0 $0 $3,400 $0 $1,300 $4,300 $0 $11,800 $16,000 $16A0{) $16,300 $61,400 $6,500 $0 $0 $0 $0 $0 $0 $800 $48.000 $0 $408,500 $21,10{) $51,20{) $3,700 $14,000 $13,900 $33,80{) $2,400 $9,200 $35,900 $87.2(i) $6,200 $23,800 $718,100 $1,686,900 $206,600 $504,300 7763.19 7763.19 $87.747 $213.327 $301.07 $258.02 $43.05 16.69% 0.0484 0.1060 0.1544 0.0592 0.1419 0.20104 -23.21% Capital Projects Funds Clam Bay Uninsured Capital Total S~,'stem Assets Projects Ail Funds $247,400 ($17,900) $229,500 $639,200 $10,000 $10,000 $200 $17,900 $800 $44,600 $1,500 $165,100 $0 $165,100 $38,400 $0 $150,200 $3,097,100 $461,100 $0 $380,500 $3,957,500I $1,090,500 $144,000 $69,000 $1,800 $13,500 $13,000 $24,200 $4,000 $4,400 $9.100 $4,000 $6,000 $4,000 $5,900 $1,200 $1,000 $204,900 $235,600 $2,700 $900 $1,000 $12,000 $0 $364,900 $216,400 $1,500 $590.900 $14.000 $95,000 $38,500 $32,700 $16,700 $10.200 $13,100 $30,300 $86,200 $20,000 $47,800 $8,000 $1,000 $45,800 $5,600 $56,200 $497,100 $0 $408,50O $1,200 $800 $2,00O $461,100 7763.19 $4.95 $0 $0 $0 $0 7763.19 $24.29 $35.11 t510.82) -3O.81% $4,600 $3,100 $7,900 $380,500 7763.19 $19.35 $95,800 $63,200 $163,000 $3,957,500] 7763-11 $325.37~ $293.13~ $32.24 ~ 11.00%] Collier County Pelican Bay Services Division Division Summary - All Funds Schedule of Line Item Comparison 04/03 Fiscal Year 2004 2003 Carryforward $639,200 $819, 100 Transfer from TDC $10,000 $0 Interest Income $44,600 $138.800 Plan Review Fee Income $1,500 $5,000 State Matching Funds (Grant) $0 $0 Interfund Transfers (Fund I 11 ) $165. 100 $576,200 Assessment or Ad-Valorem Tax Levy $3,097,100 $2,923,500 Total Revenue $3,957,$00 $4?462,600 Appropriations Projections Personal Services $1,090,500 $976,500 Administration: Indirect Cost Reimbursements $144,000 $121.800 Other Contractual Services $69,000 $69,000 Telephone - Service Contracts $1,800 $2,000 Telephone - Direct Line $13,500 $10,500 Postage, Freight & Ups $13,000 $13,000 Rent - Buildings $24,200 $25,100 Rent - Equipment $4.000 $3,700 Insurance - General $4,400 $3,900 Direct Client Services - L T. $9,100 $900 Printing or Binding - Outside Vendors $4,000 $4.000 Legal Advertising $6,000 $6,000 Clerks Recording Fees, Etc. $4,000 $4,000 Office Supplies ~ General $5,900 $5,900 Other Training & Educational Exp. $1,200 $400 Other Operating Supplies $1,000 $1,000 ~ie~ Services: Engineering $216,400 $119,500 Plan Review Fees $1,500 $5,000 Other Contractual Services $590,900 $637, lO0 Berm & Swale Maintenance $14,000 $5,000 Water Use Charges $95.000 $95,000 Replanting Program $38.500 $42,300 Trash & Dumpster Fees $32,700 $20,900 Water Quality Testing $16.700 $17,900 Insurance - Vehicles $10,200 $10,000 Insurance - General $13,100 $9,600 Electricity $30,300 $30,300 Fertilizers, Pesticides $86,200 $107,200 Sprinkler System Maint $20,000 $20,000 Mulch Requirements $47.800 $53,200 Equipment Rental $8,000 $8.000 Licenses and Permits $1,000 $1,000 Repairs & Maintenance $45,800 $38,500 Minor Operating Supplies $4.400 $4,300 Employee Uniforms $5,600 $6,800 Other Operating Supplies $56.200 $123,300 Capital Outlay $497. 100 $ I. 168.200 Security Personal Services $0 $0 Other Contractual Services $408,500 $397,900 Other Charges/Fees Tax Collector $95,800 $87,600 Property Appraiser $63,200 $62,500 Revenue Reserve $163,000 $153,800 Total Appropriations $3,957,500 $4,472,600 Total Dollar Increase (Decrease) ($179,900) $10,000 ($94,200) ($3,500) $0 ($411,100) $173,600 ($505,100) $114,000 $22,200 ($200) $3,0OO ($O00) $3O0 $500 $8,200 $0 $0 $800 $96,900 ($3,500) ($46.2OO) $9.000 ($3,800) $11,800 ($1,200) $2OO $3,50O ($21,000) ($5,100) $7,300 $100 ($1,200) ($67,100) ($671,1 00) $10,600 $8,200 $7OO $9,2O0 ($$15t100) Percentage Chan~e -21.96% n/a -67.87% -70.00% n/a -71.35% 5.94% -11.32% 10.45% 15.42% 0.00% -11.11% 22.22% 0.00% -3.72% 7.50% 11.36% 90.11% 0.00% 0.00% 0.00% 0.00% 66.67% 0.00% 44.78% -233.33% -7.82% 64.29% 0.00% -9.87% 36.09% -7.19% 1.96% 26.72% 0.00% -24.36% 0.00% - 1 1.30% 0.00% 0.00% 15.94% 2.27% -21.43% -1 19.40% - 135.00% n/a 2.59% 8.56% 1.11% 5.64% -13.02% Collier County Pelican Bay Services Division General Fund Schedule of Line Item Comparison 04/03 Revenue Cam/forward Interest Income Plan Review Fee Income State Matching Funds (Grant) Interfund Transfers Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projections Personal Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service ConWacts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - l.T. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Pro,am Trash & Dumpstcr Fees Water Quality Testing insurance - Vehicles Insurance - General Electricity Fertilizers, Pesticides Sprinkler System Maint Mulch Requirements Equipment Rental Licenses and Permits Repairs & Maintenance Minor Operating Supplies Employee Uniforms Other Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Tax Collector Property Appraiser Revenue Reserve Total Appropriations Fiscal Year 2O04 2003 Total Dollar Increase Percentage (Decrease) Chan~e $132,900 $111,900 $21,000 18.77% $0,8,900 $48,900 $0 0.00% $1,200 $1,400 ($200) -14.29% $10.000 $8,000 $2,000 25.00% $11,000 $11,000 $0 0.00% $16,2oo $17,20o ($1,0o0) -5.81% $2,700 $2, I oo $600 28.57% $3.800 $3.500 $300 8.57% $6,1oo $600 $5,500 916.67% $4,000 $4,0oo $o 0.00% $6,000 $6,000 $0 0.00% $4,o00 $4,ooo $o 0.00% $5,400 $5,300 $100 1.89% $ 1,200 $40o $800 200.00% $0 $100 ($100) n/a $10,000 $11,600 ($1.600) -13.79% $1,500 $5,000 ($3,500) -70.00% $342,700 $297,300 $45,400 15.27% $14,000 $5,000 $9,000 180.00% $95,000 $95,000 $0 0.00% $38,500 $42.300 ($3,800) -8.98% $32,700 $20,900 $11,800 56.46% $14,000 $14.000 $0 0.00% $9,300 $8,400 $900 10.71% $12,300 $9,600 $2,700 28.13% $0 $0 $0 n/a $86,200 $107,200 ($21,000) -19.59% $20,000 $20,000 $0 0.00% $47,800 $53,200 ($5,400) - lO. 15% $8,0OO $8,000 $0 0.00% $1,000 $1,000 $0 0.00% $44,900 $37,600 $7,300 19.41% $3,400 $3,300 $ 100 3.03% $5,600 $6,800 ($1,200) -17.65% $27,800 $9%900 ($72,100) ~72.17% $77,700 $92,600 ($14,900) -16.09% $0 $0 $0 n/a $0 $0 $0 n/a $72,300 $62,000 $10,300 16.61% $47,700 $40,900 $6,800 16.63% $123,100 $105,d00 $17,700 16.79% $2,405,0~0 $2,316,100 $88,900 3.84% $1,016,100 $904,700 $111,400 12.31% $45,100 $207,200 ($162,100) 78.23% $21,100 $60,600 ($39,500) -65.18% $1,500 $5,000 ($3,500) -70.00% $0 $0 $0 $0 $0 $0 n/a $2,337,300 $2,003,300 $334,000 16.67% $2,405,000 $2,276,100 $128,900 5.66% Collier County Pelican Bay Services Division Water Management Department Schedule of Line Item Comparison 04103 Carryforward Interest Income Plan Review Fee Income Miscellaneous Income Prior Year Expenditures State Matching Funds (Grant) Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projections Personal Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rcm - Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Reimburse Prior Year Expenditures Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Program Trash & Dumpster Fees Water Quality Testing Insarance - Vehicles Insurance - General Electricity Fertilizers, Pesticides Sprinkler System Maim Mulch Requirements Equipment Rental Repairs & Maintenance Minor Operating Supplies Employee Uniforrm Other Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Tax Collector Property Appraiser Total Appropriations Fiscal Year 2O04 2O03 Total Dollar Increase Percentage (Decrease) Chan~e $29.200 $125.600 ($96,400) -76.75% $6,200 $15,800 ($9.600) -60.76% $1.500 $5,000 ($3,500) -70.00% $0 $0 $0 n/a $0 $40,000 (MO,000) n/a $0 $0 $0 n/a $681,200 $494,900 $186,300 37.64% $718,100 $681,300 $,t6,800 5.40% $192,600 $174,500 $18,100 10.37% $132,900 $111,900 $21.000 18.77% $20,600 $20,600 $0 0.00% $600 $700 ( $100) - 14.29% $5.000 $4,000 $ 1,000 25.00% $5,500 $5,500 $0 0.00% $8,000 $9,100 ($1,100) -12.09% $ 1,300 $400 $900 225.00% $3,200 $3,000 $200 6.67% $3,000 $300 $2,700 900.00% $2,000 $2,000 $0 0.00% $3,000 $3,000 $0 0.00% $2,000 $2,000 $0 0.00% $0 $40,000 ($40,000) n/a $3,000 $3,000 $0 0.00% $ 1,000 $200 $800 400.00% $0 $0 $0 $10,000 $11,600 ($1,600) -13.79% $1,500 $5,000 ($3,500) -70.00% $117,800 $88,400 $29,400 33.26% $14,000 $5,000 $9,000 180.00% $0 $0 $0 n/a $0 $0 $0 n/a $8,200 $5,200 $3,000 57.69% $14,000 $14,000 $0 0.00% $2,800 $2,800 $0 0.00% $2,400 $1,800 $600 33.33% $0 $0 $0 n/a $55,200 $60,300 ($5,100) -8.46% $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $8,200 $10,600 ($2,400) -22.64% $0 $0 $0 n/a $1,300 $1,600 ($300) -18.75% $11,800 $16,900 ($5,100) -30.18% $16,300 $26,500 ($10,200) -38.49% $0 $0 $0 n/a $0 $0 $0 n/a $21,100 $15,300 $5,800 37.91% $13,900 $10, 100 $3,800 37.62% $35,900 $26,000 $9,900 38.08% $718,100 $681,300 $36,800 5.40% Collier County Pelican Bay Services Division Community Beautification Department Schedule of Line Item Comparison 04/03 Interest Income Plan Review Fee Income lnterfund Transfers Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projeetlons Personal Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Linc Postage, Freight & Ups Rent- Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Program Trash & Dumpster Fees Water Quality Testing insurance - Vehicles Electricity Fertilizers, Pesticides Sprinkler System Maint Mulch Requiremems Equipment Rental Licenses and Permits Repairs & Maintenance Minor Operating Supplies Employee Uniforms Other Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Tax Collector Property Appraiser Tolal Appropriations Fiscal Year 2OO4 2O03 $15,900 $14.900 $0 $1,656,100 $1,686,900 $823,500 $28,300 $600 $5,000 $5,500 $8,200 $1,400 $600 $3,100 $2,000 $3.000 $2,000 $2,400 $200 $0 $0 $224,90O $95.00O $38,500 $24,500 $0 $6,500 $9,9O0 $ 31,000 $20,000 $47,800 $8,000 $1,000 $36,700 $3 $4,300 $16,000 $61 $0 $51,200 $33,800 $87,200 $1,686,900 $81,600 $44,800 $ 1,508,400 $1,634,800 $730,200 $28,300 $7O0 $5,500 $8,100 $1,7O0 $5OO $3OO $2,000 $3,000 $2,000 $2,300 $200 $100 $208,900 $95,OOO $42,300 $15,700 $5,600 $7,8OO $20,000 $53,2OO $8~000 $1,000 $27,000 $3,300 $5,2OO $83,000 $66,100 $0 $~6,700 $30.800 $79,4OO Total Dollar Increase (Decrease) ($65,700) ($29,900) $0 $0 $147,700 $52,100 $93,300 $0 $0 ($100) $1,000 $100 ($300) $100 $2,800 $0 $100 ($100) $0 $16,000 ($3,800) $8,800 $9O0 $2,100 ($15,900) ($5,400) $9,700 $100 ($9O0) ($67,00O) ($4,700) $0 $4,5O0 $3,000 $7,800 $52,100 Percentage Chan~e 80.51% -66.74% n/a n/a 9.79% 3.19% 12.78% n/a 0.00% -14.29% 25.00% 0.00% 1.23% -17.65% 20.00% 933.33% 0.00% 0.00% 0.00% 4.35% 0.00% n/a n/a n/a 7.66% n/a 0.00% -8.98% 56.05% n/a 16.07% 26.92% n/a -33.90% 0.00% -10.15% 0.00% 0.00% 35.93% 3.03% -17.31% -80.72% -7.11% n/a n/a 9.64% 9.74% 9.82% 3.19% Collier County Pelican Bay Services Division Street Lighting Fund Schedule of Line Item Comparison 04103 Carryforward Interest Income Plan Review Fee Income Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projections Persanal Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Program Trash & Dumpstcr Fees Water Quality Testing Insurance - Vehicles Electricity Fertilizers, Pesticides Sprinkler System Maint Mulch Requirements Equipment Rental Repairs & Maintenance Minor Operating Supplies Employee Uniforms Off,er Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Tax Collector Property Appraiser Total Appropriations Fiscal Year 2004 2003 $87,100 $1,200 $0 $118,300 $206,600 $74,400 $10,300 $20,100 $600 $3,500 $2,000 $8,00O $1,300 $6OO $3,000 $0 $0 $0 $5O0 $1.000 $1~500 $12~600 $9O0 $800 $30,3OO $0 $16,400 $6,5OO $3,7OO $2A00 $6,2O0 $~06,600 $12,800 $6,400 $212,900 $232,100 $71,800 $9,90O $20,100 $600 $2,5OO $2,0OO $7,9OO $1,600 $3OO $60O $0 $90O $1,5OO $12,600 $0 $0 $1,600 $0 $30,300 $0 $16,400 $29,000 $6,600 $4,3O0 $232,100 Total Dollar Increase (Decrease) $74,300 ($5,20O) ($94,600) $2,600 $0 $1,00O $100 ($300) $200 $2,7OO ($100) $100 ($7OO) $8OO $0 ($22,5OO) ($2,9OO) ($1,900) ($5,00O) ($25~00) Percentage Chan~ -580.47% -81.25% n/a .44.43% -10.99% 3.62% 4.04% 0.00% 0.00% 40.00% 0.00% 1.27% -18.75% 50.00% 900.00% n/a n/a n/a -16.67% n/a 11.11% 0.00% n/a 0.00% n/a n/a n/a n/a n/a -43.75% n/a 0.00% n/a n/a n/a n/a n/a n/a n/a 0.00% -77.59% n/a n/a 43.94% -44.19% -10.99% Collier County Pelican Bay Services Division Security Fund Schedule of Line Item Comparison 04/03 Fiscal Year 20O4 2OO3 Carryforward $48,000 $70,500 Interest Income $3,400 $8,400 Plan Review Fee Income $0 $0 Assessment or Ad-Valorem Tax Levy $452,900 $43~.,700 Total Revenue $504JA)0 $5137600 Appropriations Projections Personal Services $0 $0 Administration: lndirect Cost Reimbursements $800 $800 Other Contractual Services $0 $0 Telephone - Service Contracts $0 $0 Telephone - Direct Line $0 $0 Postage, Freight & Ups $0 $0 Rent - Buildings $0 $0 Insurance - General $0 $0 Direct Client Services - I.T. $0 $0 Printing or Binding - Outside Vendors $0 $0 Legal Advertising $0 $0 Clerks Recording Fees, Etc. $0 $0 Office Supplies - General $0 $0 Other Training & Educational Exp. $0 $0 Other Operating Supplies $0 $0 Field Services: Engineering $0 $0 Plan Review Fees $0 $0 Other Contractual Services $0 $0 Berm & Swale Maintenance $0 $0 Water Use Charges $0 SI} Replanting Program $0 $0 Trash & Dumpster Fees $0 $0 Water Quality Testing $0 $0 Insurance - Vehicles $0 $0 Insurance - General $0 $0 Electricity $0 $0 Fertilizers, Pesticides $0 $0 Sprinkler System Maint $0 $0 Mulch Requirements $0 $0 Equipment Rental $0 $0 Repairs & Maintenance $0 $0 Minor Operating Supplies $0 $0 Employee Uniforms $0 $0 Other Operating Supplies $0 $0 Capital Outlay $48,000 $70,500 Security Personal Services $0 $0 Other Contractual Services $408,500 $397,100 Other Charges/Fees Tax Collec tot $14,000 $13,400 Property Appraiser $9,200 $8,900 Revenue Reserve $23,800 $22,900 Total Appropriations $$04,300 $$13,600 Total Dollar Increase Percentage (Veccease) chan~e ($22.500) 31.91% ($5,000) -59.52% $0 n/a $18,200 &19% ($9,300) -1.81% $0 n/a $0 0.00% $0 $0 n/a $0 fda $0 n/a $0 nla $0 n/a $0 nia $0 $0 n/a $0 n/a $0 n/a $0 $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 n/a $0 $0 vda $0 n/a $0 n/a $0 fda $0 n/a $0 n/a $0 $0 n/a ($22,500) -31.91% $0 $11,400 2.87% $600 4.48% $300 3.37% $900 3.93% ($9,.300) -1.81% Collier County Pelican Bay Services Division Clam Bay Restoration Program Schedule of Line Item Comparison 04/03 Fiscal Year Increase Percentage 2004 2003 (Decrease) Chan~e Revenue Carryforward $247,400 $315,000 ($67,600) -21.4.6% Transfer from TDC $10,000 $0 $10,000 n/a Interest Income $200 $0 $200 fda State Matching Funds (Grant) $0 $0 $0 n/a lnterfund Transfers (Fund 11 I) $165,100 $426.200 ($261,100) -61.26% Assessment or Ad-Valorem Tax Levy $38,400 $2,400 $36,000 1500.00% Total Revenue $461,100 $743,600 ($282,500) -37,99% Appropriations Projections Personal Services $0 $0 $0 n/a Administration: $0 $0 $0 n/a Indirect Cost Reimbursements $0 $0 $0 n/a Other Contractual Services $0 $0 $0 n/a Telephone - Service Contracts $0 $0 $0 n/a Telephone - Direct Line $0 $0 $0 n/a Postage, Freight & Ups $0 $0 $0 n/a Rent - Buildings $0 $0 $0 n/a Rent - Equipment $0 $0 $0 n/a Insurance - General $0 $0 $0 n/a Direct Cliem Services - I.T. $0 $0 $0 n/a Printing or Binding - Outside Vendors $0 $0 $0 n/a Legal Advertising $0 $0 $0 n/a Clerks Recording Fees, Etc. $0 $0 $0 n/a Office Supplies - General $0 $0 $0 n/a Other Training & Educational Exp. $0 $0 $0 nJa Other Operating Supplies $0 $0 $0 n/a Field Services: Engineering $204,900 $106,400 $0 92.58% Plan Review Fees $0 $0 $0 n/a Other Contractual Services $235,600 $327,200 $0 -28.00% Berm & Swale Maintenance $0 $0 $0 n/a Water Use Charges $0 $0 $0 n/a Replanting Program $0 $0 $0 fda Trash & Dumpster Fees $0 $0 $0 n/a Water Quality Testing $2,700 $3,900 $0 -30.77% Insurance - Vehicles $0 $0 $0 n/a Insurance - General $0 $0 $0 n/a Electricity $0 $0 $0 n/a Fertilizers, Pesticides $0 $0 $0 n/a Sprinkler System Maint $0 $0 $0 n/a Mulch Requirements $0 $0 $0 n/a Equipmem Rental $0 $0 $0 n/a Licenses and Permits $0 $0 $0 n/a Repairs & Maintenance $900 $900 $0 0.00% Minor Operating Supplies $1,000 $ 1,000 $0 0.00% Employee Uniforms $0 $0 $0 n/a Other Operating Supplies $12,000 $7,000 $0 71.43 % Capital Outlay $0 $307,000 ($307,000) n/a Security Personal Services $0 5;0 $0 n/a Other Contractual Services $0 5;0 $0 fda Other Charges/Fees Tax Collector $1,200 $100 $ l, 100 l 100.00% Property Appraiser $800 $0 $800 n/a Revenue Reserve $2.000 $100 $1,900 1900.00% Total Appropriations $461,100 $7~;3,600 ($292,500) -38.81% 8 Collier County Pelican Bay Services Division Uninsured Assets Schedule of Line Item Comparison 04/03 Fiscal Year 2OO4 2OO3 Total Dollar Increase Percentage (Decrease) Chan~e Carryforward ($17,900) ($52,800) $34,900 -66.10% Interest Income $17,900 $52,800 ($34,900) -66.10% lnterfund Transfers (Fund 111) $0 $0 $0 n/a Assessment or Ad-Valorem Tax Levy $0 $0 $0 n/a Total Revenue $0 $0 $0 n/a Appropriations Projections Capital Outlay $0 $0 $0 n/a Other Charges/Fees Tax Collector $0 $0 $0 n/a Property Appraiser $0 $0 $0 nIa Revenue Reserve $0 $0 $0 n/a Total Appropriations $0 $0 $0 n/a Comer County Pelican Bay Services Division Irrigation and Landscaping System Analysis Schedule of Line Item Comparison 04/03 Carryforward Interest Income State Matching Funds (Grant) lnterfund Transfers (Fund 111 ) Assessment or Ad-Valorem Tax Levy Total Revenue Appropriations Projections Personal Services Administration: Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - LT. Printing or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Exp. Other Operating Supplies Field Services: Engineering Plan Review Fees Other Contractual Services Berm & Swale Maintenance Water Use Charges Replanting Program Trash & Dumpster Fees Water Quality Testing Insurance - Vehicles Insurance - General Electricity Fertilizers, Pesticides Sprinkler System Maint Mulch Requirements Equipment Rental Licenses and Permits Repairs & Maintenance Minor Operating Supplies Employee Uniforms Other Operating Supplies Capital Outlay Security Personal Services Other Contractual Services Other Charges/Fees Expenditure Reserve Tax Collector Property Appraiser Total Appropriations Fiscal Year 2OO4 2OO3 Total Dollar Increase (Decrease) $229,500 $266,400 ($36,900) $800 $10,600 ($9,800) $0 $0 $0 $0 $150,000 ($150,000) $150,200 $270,200 ($120,000) Percentage Chan~e ~13.85% -92.45% n/a n/a -44.41% ($.316,700) -45.42% $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 SO $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 $0 $0 $0 n/a $0 $0 $0 n/a ,gO $0 $0 n~a $0 $o $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 S0 $O n/a $0 S0 $0 n/a $0 SI) $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $0 $0 n/a $0 $O $0 n/a $364,900 $669,100 ($304,200) -45.46% $0 $0 $0 n~a $0 $0 $0 n/a $0 $0 $0 n/a $4,600 $5,500 ($900) - 16.36% $3,100 $8,400 ($5,300) -63.10% $7,900 $14,200 ($6,300) -4A.37% $380,500 $697,200 ($316,700) -45.42% 10 Revenue Projections Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Department Summary Carryforward Interest Income Plan Review Fee Revenue State Matching Funds (Grant) Assessment Levy Appropriation Projections Administration: Personal Services Regular Salaries Reserve For Salary Adjustment Social Security Matching Retirement Health Insurance Life Insurance Workman's Compensation Insurance Total Funds Available: Total Personal Services: $29,200 $6,100 $1,500 $0 $681,300 $718,100 $32,600 $1,500 $2,6OO $2,000 $9,400 $200 $200 $48,500 Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent- Buildings Rent- Equipment Insurance - General Direct Client Services - I.T. Printing &/or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Expenses Total Operating Expenses: Total Administration Expenses: $132,900 $20,600 $600 $5,000 $5,500 $8,000 $1,300 $3,200 $3,000 $2,000 $3,OOO $2,000 $3,000 $1~000 $191,100 $239,600 11 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Department Summary Field Services: Personal Services Regular Salaries Reserve For Salary Adjustment Overtime Salaries Social Security Matching Retirement Health Insurance Life Insurance Workman's Compensation Insurance Total Personal Services: Engineering Plan Review Fees Other Contractual Services Flood Control - Berm & Swale Maintenance Water Quality Testing Dumpster & Trash Removal Insurance - General Insurance - Vehicles Repairs & Maintenance Employee Uniforms Flood Control - Fertilizers, Herbicides & Chemicals Other Operating Supplies Total Field Operating Expenditures: Capital Outlay Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Capital Outlay: Total Field Expenditures: Total Other Fees & Charges: Total Water Management Expenditures: 61l lt $71,700 $3,2OO $15,200 $6,900 $6,600 $37,500 $300 $2,70O $144,100 $10,000 $1,500 $117,800 $14,000 $14,000 $8,200 $2,400 $2,800 $8,200 $ 1,300 $55,200 $11,800 $247,200 $16,300 $16,300 $407,600 $21,100 $13,900 $35,900 $70,900 $718,100 12 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For The Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance FY 2003 Expended MarJSept. Received Over Budget Year-To-Date 2003 Expended (Under) Revenue Assessments $494,900 $464,400 Interest Income $15,800 $1,800 Developer Plan Reviews $5,000 $0 Miscellaneous Income $0 $100 Prior Year Expenditures $40,000 $40,000 Carryforward $125,600 $0 Total Revenue: II $681 00 $506 00 Appropriations: Administration Regular Salaries $31,700 $13,300 Reserve For Salary Adjustment $ 1,300 $0 Social Security Matching $2,500 $1,000 PBSD - Retirement $2,000 $800 Health Insurance $6,700 $6,700 Life insurance $200 $200 Worker's Compensation $200 $200 Sub-total: $44,600 $22,200 Indirect Cost Reimbursement $111,900 $55,900 Other Contractual Services $20,600 $6,700 Telephone - Beepers $700 $200 Telephone - Direct Line $4,000 $900 Postage, Freight, UPS $5,500 $1,300 Rent (Bldgs. & Eqpt.) $9,100 $4,200 Lease/Purchase Dell Computers $400 $500 Insurance - General $3,000 $3,000 Data Processing - R&M $300 $0 Printing (Outside) $2,000 $0 Legal Advertising $3,000 $0 Reimburse. P/Y Revenues $40,000 $40,000 Recording Fees $2,000 $0 Office Supplies $3,000 $600 Computer Software $0 $0 Other Educational $200 $0 Sub-total: $205,700 $113,300 Total Administrative: $250,300 $135,500 $30,500 $494,900 $0 $3,500 $5,300 $10,500 $o $o $5,ooo $0 $100 ($10o) $o $40,000 $o $0 $0 $125,600 $34,000 $540,300 $141,000 $19,400 $32,700 ($1,000) $0 $0 $1,300 $1,400 $2,400 $100 $1,200 $2,000 $0 $0 $6,700 $0 $0 $200 $0 $0 $200 $0 $22,000 $44,200 $400 $56,000 $111,900 $0 $13,900 $20,600 $0 $200 $400 $300 $2,500 $3,400 $600 $4,200 $5,500 $0 $4,800 $9,000 $100 $600 $1,100 ($700) $0 $3,000 $0 $3,000 $3,000 ($2,700) $1,300 $1,300 $700 $700 $700 $2,300 $0 $40,000 $0 $2,000 $2,000 $0 $1,700 $2,300 $700 $0 $o $0 $0 $0 $200 $90,900 $204,200 $1,500 $112,900 $248,400 $1,900 13 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For The Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance FY 2003 Expended MarJSept. Received Over Bud[~et Year-To-Date 2003 Expended (Under) Field Services: Regular Salaries $70,600 Reserve For Salary Adjustment $2,800 Overtime $14, 100 Social Security Matching $6,500 Regular Retirement $5,200 Health Insurance $26,900 Life Insurance $600 Worker's Compensation $3,200 Sub-total: $129,900 Engineering Fees $11,600 Plan Review Fees $5,000 Other Contractual Services $88,400 Swale Maintenance $5,000 Water Quality Testing $14,000 Trash & Garbage Disposal $5,200 Insurance - General $1,800 Insurance - Auto $2,800 R&M - Outside $200 Fleet Maint. Labor & Overhead $2,200 Fleet Maint. Pans $2,900 Fleet Maint. (Non) 1SF Parts $400 Boat R&M $500 Other Equip. R&M $ i ,500 Uniform Rental $1,600 Chemicals $60,300 Fuel & Lubricants - Outside $300 Fuel & Lubricants -lnside $2,600 Other Operating Supplies $16,900 Sub-total: $223,200 $ i 0,700 $45,200 $55,900 $14,700 $0 $0 $0 $2,800 $900 $13,200 $14,100 $0 $800 $3,500 $4,300 $2,200 $700 $2,700 $3,400 $ 1,800 $26,900 $0 $26,900 $0 $600 $0 $600 $0 $3,200 $0 $3,200 $0 $43,800 $64,600 $108,400 $21,500 $700 $7,300 $8,000 $3,600 $0 $500 $500 $4,500 $20,700 $68,300 $89,000 ($600) $0 $5,000 $5,000 $0 $7,200 $6,800 $14,000 $0 $4,400 $2,000 $6,400 ($1,200) $1,800 $0 $1,800 $0 $2,800 $0 $2,800 $0 $0 $0 $0 $200 $0 $1,100 $1,100 $1,100 $0 $ i ,400 $ 1,400 $1,500 $o $0 $0 $400 $o $o $o $500 $0 $500 $500 $ 1,000 $600 $600 $1,200 $400 $15,400 $40,000 $55,400 $4,900 $0 $0 $0 $300 $1,1 O0 $2,800 $3,900 ($ 1,300) $3,400 $4,600 $8,000 $8,900 $58,100 $140,900 $199,000 $24,200 14 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For The Fiscal Year Ending September 30, 2003 Capital Outlay Autos & Trucks Building Improvements Sub-total: Received Anticipated Total Variance FY 2003 Expended MarJSept. Received Over Budget Year-To-Date 2003 Ex[~ended (Under) $0 $0 $0 $0 $26,500 $ i 5,800 $10,700 $26,500 $26,500 $15,800 $10,700 $26,500 Total Field Services: $379,600 $117,700 $216,200 $333,900 Other Fees & Charges Tax Collector $15,300 Property Appraiser $10, 100 Revenue Reserve $26,000 Total Other Fees & Charges: $51,400 $8,100 $7,200 $15,300 $7,500 $2,600 $10,100 $0 $26,000 $26,000 $15,600 $35,800 $51,400 Total Appropriations: $681,300 $268,800 $364,900 $633,700 Net Income from Operations Fund Balance October 1, 2002 (Actual) Current Year Transfer to Fund 322 Fund Balance September 30, 2003 (Projected) Fund Balance Allocations - Fiscal Year 2004 Reserved for Operations Opening Balance (! 0/01/03) Fiscal Year 2004 Transfer to Carryforward Fiscal Year 2004 Transfer to Other Funds $260,800 $71,400 Sub-total Reserved for Operations: Reserved for Capital Outlay Equipment Replacement (Opening Balance 10/01/03) $79,600 Fiscal Year 2004 Additions Fiscal Year 2004 Transfers to Carryforward Sub-total Reserved for Capital Outlay: ($93,400) $305,500 $o $212,100 $132,500 $24,500 $0 $108,000 $79,600 $20,900 $25,600 $74,900 Total Fund Balance - September 30, 2004 (Projected) $182,900 $0 $0 $45,700 $0 $o $o $0 $47,600 15.04% 15 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Administration: Personal Services Regular Salaries (109-182601-512100) Reserve for Salary Adjustment (109-18260 I-5191 00) Social Security Matching (109-182601-521100) Retirement (109-182601-522700) Health Insurance (109-182601-523150) Life Insurance (109-182601-523160) Workman's Compensation (109-182601-524100) Total Personal Services: (1) Health Insurance for the employees is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the following two fiscal years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary, except for those employees who chose to remain under the prior PBlD Retirement Program. Operating Expenditures Indirect Cost Reimbursements (109-182601-634970) Transfers to County Manager's Agency for Administrative Services provided by Departments such as Human Resources and Purchasing. This fee is based on the Division's share of the services provided by the County General Fund. Other Contractual Services (109-182601-634999) Management Services: The Division retains a Contract Manager to assist in the daily operations of the Division. Total Yearly Fee: Water Management Cost Distribution: $48,000 33% Public Relations Services: These funds are allocated for mailings required to the Community during the Fiscal Year. Total Yearly Fee: Water Management Cost Distribution $10,000 33% Miscellaneous $1,500 This item includes the maintenance associated with the Telephone System and Fax System. $48,500 $32,600 $1,500 $2,600 $2,000 $9,400 $200 $200 $48,500 $132,900 $20,600 $15,800 $3,300 $1,500 16 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures (Continued) Telephone - Service Contracts ( 109-182601-641150) Covers the costs associated with the answering service. Answering Service Yearly Cost Water Management Cost Distribution $1,800 33% Telephone - Direct Line (109-182601-641400) Postage, Freight & UPS (109-182601-641950) Rent- Buildings (109-182601-644100) Sun Bank Building Rent: Square Feet Cost Rent: $18.30 Maintenance: $4.89 Water Management Cost Distribution: 33% Area 1,039 1,039 Total: Total $19,014 $5,081 $24,094 Rent - Equipment (! 09-182601-644600) This covers the Division's share of the cost to rent miscellaneous office equipment throughout the Year. Dell Computers $300 Copier $3,200 Postage Meter $500 Total: $4,000 Water Management Cost Distribution (33%) Insurance - General (109-182601-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Estimated Yearly Cost: $3,200 Direct Client Services (109-182900-634204) The Division costs are based on the number of employees for programs provided by the County's General Fund, and include SAP (financial accounting), Electronic Purchasing, Disaster Recovery, Network and Service Maintenance. Estimated Yearly Cost: $9,200 Community Beautification Cost Dist: 33% Printing and/or Binding - Outside Vendors (I 09-182601-647110) This covers the cost of mailings which occur during the year where outside vendors are required to assist due to the volume of the work involved. $600 $5,000 $5,500 $8,000 $1,300 $3,200 $3,000 $2,000 17 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures (Continued) Legal Advertising (109-182601-649110) Clerks Recording Fees, Etc. (109- ! 82601-649030) To reimburse the Clerk of Courts for the costs associated with the recording of all legal documents. Office Supplies - General ( 109-182601-651110) Other Training & Educational Expenses (109-182601-654360) Includes reimbursement for transportation, lodging and meal costs associated with travel for courses at seminars related to Division business, as well as college tuition for approved job related courses. Sub-Total Water Management Administration: $3,000 $2,000 $3,000 $1,000 $239,600 Field Services: Personal Services Regular Salaries (109-182602-512100) $71,700 Reserve For Salary Adjustments ( 109-182602-519100) $3,200 Overtime Salaries - ( 109-182602-514 i 00) $15,200 Social Security Matching (109-182602-521100) $6,900 Retirement (109-182602-522100) $6,600 Health Insurance (109-182602-523150) $37,500 Life Insurance (109-182602-523160) $300 Workman's Compensation Insurance ( 109-182602-524100) $2,700 Total Personal Services: $144,100 $144,100 (1) Health Insurance for the employees is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the following two fiscal years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary, except for those employees who chose to remain under the prior PBID Retirement Program. Operating Expenditures: Engineering Fees (109-182602-631400) Consists of the Engineer's review and recommendation of the Water Management System facilities as requested from time to time by Staff or the Pelican Bay Services Division Board. $10,000 Plan Review Fees (Engineering) (109-182602-634300) Consists of the review of plans and specifications by the Division to insure compliance with the Division's Water Management Plan, etc. The funds for this expenditure are paid for by the permittee, and a revenue item is included in the Division's Budget for this purpose. $ i ,500 18 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures (Continued) Other Contractual Services (I 09-182602-634999) For Fiscal Year 2004, it is proposed that the Division utilize the services of temporary day laborers to assist in the maintenance of the water management system. For Budget purposes, it is estimated that 20% of the estimated hours are at overtime rates. Estimated Hours: 5,000 Cost per Hour: (Regular Rate) $9.65 Cost per Hour: (Overtime Rate) $12.75 Total yearly fee: $51,400 Miscellaneous $2,000 North Tram Road This includes the cost to pave the North Tram Road from the Commons to the North Tram Station. Each year the Division reserves funds for the maintenance of this capital asset. Therefore, the Division appropriated the expenditure for this work, and also allocates a portion of the Division's Fund Balance to fund this project. Estimated Unit Total Lineal Feet Cost Cost 6,871 $5.00 $34,400 Exotic/lnvasive Plant Control Program Monthly Maintenance Spraying Bi-monthly maintenance of exotic and nusiance vegetation on the east side of the berm from the Commons south to the Registry Resort and from the North Tram Station to the North Boardwalk. Visits Each Total 12 $2,500 $30,000 $117,800 $34,400 $30,000 Flood Control - Berm & Swale Maintenance (109-182602-634251) Berm Maintenance: Maintenance of berm swales and spreader swale including control structures and the mechanical maintenance of slopes. Mechanical Maintenance: $2,000 Slope Maintenance: $2,000 Total: $4,000 Swale Maintenance: $4,000 $10,000 $14,000 19 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures (Continued) Water Quality Testing Program (109-182602-634255) For Fiscal Year 2004, the Division will continue the monitoring of the Water Management System as required by the South Florida Water Management District. This program samples the water quality of eight stations within the Pelican Bay Water Management System and Clam Bay providing an historical record of the water conditions in the community and the analytical information to monitor for sharp changes in results that may indicate the need for corrective action. In addition, this Water Quality Monitoring Program provides the water quality results that are included as a recommendation to the Regulatory Agencies as part of the Clam Bay Restoration and Management Plan. Yearly Unit Parameter Quantity Price Temperature 156 in-house pH 156 in-house Conductivity 156 in-house Dissolved Oxygen 156 in-house Salinity 156 in-house Ammonia 156 $8.00 Nitrites i 08 $7.00 Ortho-Phosphate 156 $6.00 Total Dissolved Solids 156 $7.00 Total Phosphorus 156 $10.00 Silica 108 $6.00 Nitrates 156 $7.00 TKN 156 $15.00 Chlorophyll-a 108 $14.00 Total Organic Carbon 108 $12.00 Pheophyton 108 $15.00 Total: Dumpster & Trash Fees (109-182602-643300) This covers the fees for the Dumpster that is utilized for trash disposal at the maintenance facility. In addition a horticulture dumpster is utilized for the disposal of landscape and aquatic debris Trash Dumpster Horticulture Dumpster Yearly Cost $2,700 $30,000 $32,700 Water Management Cost Distribution: 25% $14,000 Total Cost $0 $0 $0 $0 $0 $1,200 $800 $900 $1,100 $1,600 $600 $1,100 $2,300 $1,500 $1,300 $1,600 $14,000 $8,200 2O Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures: (Continued) Insurance-General (109-182602-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Estimated Yearly Cost: $2,400 Insurance (Vehicles) (109-182602-645260) Description Cost Vehicles 2002 4 Dr Utility Vehicle $900 2001 Ranger Ext. 4x4 $900 Miscellaneous Boat Trailer $ 100 Heavy Equipment 2001 4WD Tractor $900 Sub-total: $2,800 The vehicle insurance for ali Collier County vehicles is handled through the County's Master Insurance Policy. Repairs and Maintenance Following are the cost's associated with operating and maintaining the listed vehicles: 2002 4 Dr Utility Vehicle 2001 Ranger Ext. 4x4 Fleet Maintenance Labor Parts Fuel & Lubricants Outside Vendors Parts Repairs & Maintenance Fuel & Lubricants Boat Repairs Other Equipment R&M All Te~ain Vehicles 2001 4WD Tracmr (109-182602-646430) (109-182602-646440) (109-182602-646410) (109-182602-646445) (109-182602-646410) (109-182602-652410) (109-182602-646810) (109-182602-646970) This category covers the repairs & maintenance of all miscellaneous equipment such as the spray rig, boat motor, etc. Sub-Total Repairs & Maintenance $300 $300 $4,400 $1oo lOOO $1oo $500 $1,500 $8,200 $2,400 $2,800 $8,200 21 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures: (Continued) Employee Uniforms (109-182602-652130) $1,300 Flood Control - Fertilizers, Herbicides & Chemicals ( 109-182602-652310) Includes the necessary spraying to control such plants as cattails, water hyacinths, broadleaf weeds and grasses, and other water based weeds, including bottom rooted aquatics that are un- sightly and will impede the flow of water. $55,200 Other Operating Supplies - Contingencies (109-182602-652990) Aquascaping Program: The Division currently utilizes desirable aquatic plants in the water management system to assist in the maintenance of the system lakes. The program for Fiscal Year 2004 includes planting throughout the Division's Water Management System to assist in the maintenance of the system, by providing nutrient up-take. Description Quantity Plants (Bare Root) 8,000 Miscellaneous: Unit Cost Total $0.85 $6,800 Total: $6,800 Sub-total: $6,800 $5,000 $11,800 $11,800 Capital Outlay (109-182602-764990) $16,300 Office Equipment Description Quantity Unit Cost Total Cost Office Equipment I $1,500 $1,500 Office Furniture I $1,500 $1,500 Upgrade Computers 0 $0 $0 Notebook Computer I $0 $0 Telephone System 0 $0 $0 Total: $3,000 Water Management Cost Distribution: 33% Other Machinery & Equipment (109-182602-764990) It is proposed the following equipment be acquired for Fiscal Year 2004 Description Quantity Unit Cost Total Cost All Terrain Vehicles 3 $8,000 $24,000 Total: $24,000 Each Year the Division reserves funds for the replacement of certain equipment whose useful life has been reached. Therefore, the Division appropriates the expenditure for this replacement equipment, and also allocates a portion of the Division's Fund Balance to fund this Capital Outlay. Water Management Allocation: 50% 22 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Water Management Operating Department Operating Expenditures: (Continued) Improvements. General (109-182602-763100) It is proposed that the following general improvements be made for Fiscal Year 2004 Description Quantity Unit Cost Total Cost Maint. Facility I $10,000 $10,000 Total: $10,000 The Division's Operations Facility periodically requires repair and replacement and it is proposed that the funds budgeted this year be used for maintenance facility a/c unit and site improvements. Water Management Allocation: 33% Other Fees & Charges: Tax Collector (109-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three (3) percent of the assessments collected. $21,100 Property Appraiser (! 09-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The Property Appraiser charges two (2) percent of the amount levied. $13,900 Revenue Reserve (109-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues which will cover discounts and non-payment of assessments. $35,900 Total Other Fees & Charges $70,900 Total Water Management Expenditures: $718,100 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Department Summary Revenue Projections Carryforward Interest Income Interfund Transfers Assessment Levy Total Funds Available: $15,900 $14,900 $0 $1,656,100 $1,686,900 Appropriation Projections Administration: Personal Services Regular Salaries Reserve For Salary Adjustments Social Security Matching Retirement Health Insurance Life Insurance Workman's Compensation Insurance Total Personal Services: $33,600 $1,500 $2,700 $2,100 $9,400 $200 $100 $49,600 Other Contractual Services Telephone -Service Contracts Telephone - Direct Line Postage, Freight & UPS Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Printing &/or Binding - Outside Vendors Legal Advertising Clerks Recording Fees, Etc. Office Supplies - General Other Training & Educational Expenses Total Operating Expenses: Total Administration Expenses: $28,300 $600 $5,000 $5,500 $8,200 $1,400 $600 $3,100 $2,000 $3,000 $2,000 $2,400 $200 $62,300 $111,900 24 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Department Summary Field Services: Personal Services Regular Salaries ( 109-182901-512100) Overtime Salaries - ( ! 09-182901-514100) Reserve For Salary Adjustments - (109-182901-519100) Social Security Matching (109-182901-521100) Retirement (109-182901-522100) Health Insurance ( 109-182901-523150) Life Insurance (109-182901-523160) Workman Compensation Insurance (109-182901-524100) $31. Total Personal Services: $773. $410 200 $108 600 $19 000 $41 100 $39300 $121,900 $2,6OO 200 900 Other Contractual Services Water Use Charges Replanting Program Trash & Dumpster Fees Insurance - General Employee Uniforms Insurance - Vehicles Fertilizer, Pesticides and Chemicals Sprinkler System Maintenance Mulch Requirements Equipment Rental Licenses and Permits Repairs & Maintenance Minor Operating Equipment Other Operating Supplies Total Operating Expenditures: $224,900 $95,000 $38,500 $24,500 $9,900 $4,3O0 $6,500 $31,000 $20000 $47 800 $8 000 $1 000 $36 700 $3 40O $16 000 $567 500 Capital Outlay: Total Capital Outlay: $61,400 $61,400 Total Field Expenditures: $1,402,800 Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Other Fees & Charges: $51,200 $33,800 $87,2O0 $172,200 Total Community Beautification Expenditures: $1,686,900 25 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Received Anticipated Total FY 2003 Expended MardSept. Received Budget Year-To-Date 2003 Expended Revenue Assessments Interest Income Miscellaneous Carryforward - Rolled Enc. Carryforward Total Revenue: Appropriations: Administration: Regular Salaries Reserve For Salary Adjust. Social Security PBSD - Retirement Health Insurance Life Insurance Worker's Compensation Sub-total: Office Auto. Allocation Data Processing (OAS) Other Contractual Serv. Beepers Telephone Postage, Freight, UPS Rent - Buildings Rent - Equipment Insurance - General Data Proc. Eq. R&M Printing & Binding Legal Advertising Reimb. For Prior Year Clerk Recording Fees Office Supplies Copying Charges Minor Office Eqpt. Other Operating Supplies Training & Education Sub-total: Total Administrative: Variance Favorable (Unfavorable) $1,508,400 $1,174,500 $333,900 $1,508,400 $0 $44,800 $11,800 $10,500 $22,300 $22,500 $0 $300 $0 $300 ($300) $18,500 $0 $0 $0 $18,500 $63,100 $0 $0 $0 $63,100 $1,634,800 $1,186,600 $344,400 $1,531,000 $103,800 $32,700 $13,700 $20,400 $34,100 ($1,400) $1,300 $0 $0 $0 $1,300 $2,500 $1,000 $1,500 $2,500 $0 $2,000 $800 $1,200 $2,000 $0 $6,700 $6,700 $26,600 $33,300 ($26,600) $200 $200 $0 $200 $0 $200 $200 $0 $200 $0 $45,600 $22,600 $49,700 $72,300 ($26,700) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $28,300 $9,600 $12,300 $21,900 $6,400 $700 $10O $200 $300 $400 $4,000 $900 $1,900 $2,800 $1,200 $5,500 $1,100 $4,400 $5,500 $0 $8,100 $4,000 $4,800 $8,800 ($700) $1,700 $300 $700 $1,000 $700 $500 $500 $0 $50O $0 $300 $0 $3,200 $3,200 ($2,900) $2,000 $0 $1,300 $1,300 $700 $3,000 $0 $700 $700 $2,300 $0 $300 $0 $300 ($300) $2,000 $0 $2,000 $2,000 $0 $1,500 $500 $1,200 $1,700 ($200) $500 $0 $100 $100 $400 $300 $0 $400 $400 ($100) $100 $0 $0 $0 $100 $200 $0 $500 $500 ($300) $58,700 $17,300 $33,700 $51,000 $7,700 $104,300 $39,900 $83,400 $123,300 ($19,000) 26 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Field Services: Regular Salaries Overtime Reserve For Salary Adjust. Social Security Retirement - Regular Health Insurance Life Insurance Worker's Compensation Sub-total: Water Use Charges Replanting Program Other Contractual Services Motor Pool Rental Cellular Telephone Postage, Freight & UPS Electricity Trash & Garbage Rent - Equipment Insurance - General Insurance - Vehicle Sprinkler System Maint. Landscaping Maint. Auto & Truck R&M Fleet Maint ISF Labor Fleet Maint ISF Parts Fleet Maint Non ISF Parts Other Equip. R&M Printing Outside Vendors Photo Processing Licenses & Permits Uniform Purchases & Rental Fert. Herbicides & Chem. Fuel & Lubricants - Outside Fuel & Lubricants - ISF Minor Operating Equip. Other Operating Supplies Books & Publications Other Training/Educational Sub-total: Total Field Services: Received Anticipated Total Variance FY 2003 Expended Mar./Sept. Received Favorable Budget Year-To-Date 2003 Expended (Unfavorable) $391,500 $154,300 $213,300 $367,600 $23,900 $102,500 $38,000 $47,700 $85,700 $16,800 $15,700 $0 $0 $0 $15,700 $30,000 $14,100 $20,300 $34,400 ($4,400) $30,400 $11,000 $16,000 $27,000 $3,400 $87,500 $87,500 $0 $87,500 $0 $1,700 $1,700 $0 $1,700 $0 $25,300 $25,300 $0 $25,300 $0 $684,600 $331,900 $297,300 $629,200 $55,400 $95,000 $36,200 $54,500 $90,700 $4,300 $42,300 $13,100 $19,000 $32,100 $10,200 $208,900 $110,300 $131,500 $241,800 ($32,900) $0 $200 $0 $200 ($200) $2,400 $1,700 $900 $2,600 ($200) $200 $300 $400 $700 ($500) $1,200 $400 $600 $1,000 $200 $15,700 $17,300 $10,000 $27,300 ($11,600) $8,000 $4,400 $2,500 $6,900 $1,100 $7,800 $7,800 $0 $7,800 $0 $5,600 $5,600 $0 $5,600 $0 $20,000 $8,600 $17,300 $25,900 ($5,900) $53,200 $27,300 $15,000 $42,300 $10,900 $800 $0 $0 $0 $800 $5,700 $3,200 $6,000 $9,200 ($3,500) $9,400 $2,200 $4,400 $6,600 $2,800 $2,000 $0 $0 $0 $2,000 $ 1,000 $0 $1,000 $1,000 $0 $200 $0 $0 $0 $200 $100 $0 $0 $0 $100 $1,000 $0 $1,000 $1,000 $0 $5,200 $2,500 $2,000 $4,500 $700 $46,900 $7,400 $14,100 $21,500 $25,400 $500 $900 $0 $9OO ($400) $7,600 $6,000 $10,000 $16,000 ($8,400) $3,300 $1,300 $2,700 $4,000 ($700) $77,900 $57,300 $52,000 $109,300 ($31,400) $0 $100 $100 $200 ($200) $1,000 $800 $600 $1,400 ($400) $622,900 $314,900 $345,600 $660,500 ($37,600) $1,307,500 $646,800 $642,900 $1,289,700 $17,800 27 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Capital Outlay: Building Improvements Autos & Trucks Other Mach. & Equip. Total Capital Outlay: Received Anticipated Total Variance FY 2003 Expended Mar./Sept. Received Favorable Budget Year-To-Date 2003 Ex~aended (Unfavorable) $29,300 $24,900 $4,400 $29,300 $0 $0 $0 $0 $0 $0 $36,800 $24,600 $12,200 $36,800 $0 $66,100 $49,500 $16,600 $66,100 $0 Other Fees & Charges Property Appraiser Tax Collector Revenue Reserve Total Other Fees & Charges: Total Appropriations: $30,800 $22,700 $8,100 $30,800 $0 $46,700 $24,700 $22,000 $46,700 $0 $79,400 $0 $79,400 $79,400 $0 $156,900 $47,400 $109,500 $156,900 $0 $1,634,800 $783,600 $852,400 $1,636,000 ($1,200) Net Income Fund Balance October 1, 2002 (Actual) Current Year Transfer to Fund 322 Fund Balance September 30, 2003 (Projected) Distribution of Projected Fund Balance Reserved for Operations Opening Balance (10/01/03) Fiscal Year 2004 Transfer to Carryforward Fiscal Year 2004 Transfer to Fund 322 $581,400 ($105,000) $685,100 $125,000 $455,100 $229,900 $291,700 $38,000 $0 Sub-total Reserved for Operations: Reserved for Capital Outlay Equipment Replacement: (Opening Balance 10/01/03) $163,400 Fiscal Year 2003 Additions Fiscal Year 2003 Transfers to Carryforward Sub-total Reserved for Capital Outlay $253,700 $163,400 $54,900 $32,800 $185,500 Total Fund Balance - September 30, 2004 (Projected) $439,200 15.04 % 28 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Administration Personal Services Regular Salaries ( 109-182900-512100) Reserve For Salary Adjustments (109-182900-519100) Social Security Matching (109-182900-521100) Retirement (109-182900-522700) Health Insurance (109-182900-523150) Life Insurance (109-182900-523160 Workman's Compensation (109-182900-524100) Total Personal Services: $33,600 $1,500 $2,700 $2,100 $9,400 $200 $100 $49,600 $49,600 (1) Health Insurance for the employees is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the following two fiscal years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary, except for those employees who chose to remain under the prior PBID Retirement Program. Operating Expenditures Other Contractual Services (109-182900-634999) Management Services: The Division retains a Contract Manager to assist in the daily operations of the Division. Total Yearly Fee: $48,000 34% $16,300 $28,300 Public Relations Services: These funds are allocated for mailings required to the Community during the Fiscal Year. Total Yearly Fee: $10,000 34% Landscape Architect: The Division retains the services of a Landscape Architect to assist in the review & recommendations for the Landscaping Program. Estimated Hours: 75 Estimated Hourly Rate: $95.00 $3,400 $7,100 29 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Miscellaneous $1,500 Telephone - Service Contracts ( 109-182900-641150) Covers the costs associated with the answering service. Answering Service Yearly Cost Community Beautification Cost Dist.: $1,800 34% Telephone - Direct Line (109-182900-641400) Postage, Freight & Ups (109-182900-641950) Rent - Buildings (109-182900-644100) Sun Bank Building Rent: Square Feet Cost: Area: Rent: $18.30 1,039 Maintenance: $4.89 1,039 Total: Community Beautification Cost Dist.: 34% Total: $19,014 $5,081 $24,094 Rent - Equipment (109-182900-644600) This covers the Division's share of the cost to rent miscellaneous office equipment throughout the Year. Dell Computers $300 Copier $3,200 Postage Meter $500 Total: $4,000 Community Beautification Cost Dist. (34%) Insurance - General ( 109-182900-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Estimated Yearly Cost: $600 Direct Client Services (109-182900-634204) The Division costs are based on the number of employees for programs provided by the County's General Fund, and include SAP (financial accounting), Electronic Purchasing, Disaster Recovery, Network and Service Maintenance. 161 6 $600 $5,000 $5,500 $8,200 $1,400 $600 $3,100 30 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Estimated Yearly Cost: $9,200 Community Beautification Cost Dist: 34% Printing &/or Binding - Outside Vendors (109-182900-647110) This covers the cost of mailings which occur during the year where outside vendors are required to assist due to the volume of the work involved. Legal Advertising (109-182900-649100) Clerks Recording Fees, Etc. (109-182900-649030) To reimburse the Clerk of Courts for the costs associated with the recording of all legal documents. Office Supplies - General (109-182900-651110) Other Training & Educational Expenses (109-182900-654360) Includes reimbursement for transportation, lodging and meal costs associated with travel for courses at seminars related to Division business, as well as college tuition for approved job related courses. $2,000 $3,000 $2,000 $2,400 $200 Sub-Total Community Beautification Administration: $111,900 31 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures Field Services Personal Services: Regular Salaries (109-182901-512100) Overtime Salaries - (109-182901-514100) Reserve For Salary Adjustments - (109-182901-519100) Social Security Matching (109-182901-521100) Retirement (109-182901-522100) Health Insurance ( 109-182901-523150) Life Insurance ( 109-182901-523160) Workman Compensation Insurance ( 109-182901-524100) Total Personal Services: (1) Health Insurance for the employee's is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the following two Fiscal Years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary. Other Contractual Services (109-182901-634999) Street Sweeping Estimated Monthly Sweepings - Boulevards Estimated Monthly Sweepings - Single Family Estimated Monthly Cost - Main Boulevards Estimated Monthly Cost - Single Family 52 12 $400 $325 The street sweeping encompasses the main Boulevards on a weekly basis and single family communities and side streets on a monthly basis. Glenview Lake Bank This includes the cost to pave the Glenview Lake Bank sidewalks. Each year the Division reserves funds for the maintenance of this capital asset. Therefore, the Division appropriated the expenditure for this work, and also allocated a portion of the Division's Fund Balance to fund this project. Estimated Unit Total Lineal Feet Cost Cost 285 $7.00 $2,000 $410,200 $108,600 $19,000 $41,100 $39,3OO $121,900 $2,600 $31,200 $773,900 $773,900 $24,700 $224,900 $2,000 32 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Contract Labor For Fiscal Year 2004, it is proposed that the Division continue to utilize the services of temporary day laborers to assist in the maintenance of the Division's landscaping program. Additionally, the Division utilizes these services during the summer growing season, from May through October which provides an additional mowing crew. For Budget purposes, it is estimated that twenty (20) percent of the estimated time is at overtime rates. Estimated Hours: 19,300 Cost per Hour: (RegUlar Rate) $9.65 Cost per Hour: (Overtime Rate) $12.75 Total yearly fee: $198,200 Water Use Charges (109-182901-634253) Months Description on Line Acres Area A 12 14 Area B 12 7.16 Area C 12 0.53 Area D 12 0.99 Area E 12 8.26 Area F 12 0.55 Area G 12 0.92 Area H 12 0.44 Area I 12 5.46 Foundation Sites 12 n/a U.S. 41 Berm 12 5.27 Tram Pass 12 0.08 Total Acres: 43.66 Estimated Monthly Use: 210,000 gallons/acre. Bills are based on the following rate schedule: Commodity Charge: $0.65/1,000 gallons Minimum Monthly Service: $1,955.40 Per Month $95,000 Replanting Program (109-182901-634254) Median Landscaping Replacements Each year the Division upgrades and replaces materials throughout the Community, in order to maintain a consistent high quality appearance. Annual Flower Program Total Number of Unit Plant Quantity Plantings Price Annuals 11,000 2 $0.68 Sub-total: $20,000 Total Cost $15,000 $15,000 $38,500 Sod Replacement: $3,500 33 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Dumpster & Trash Fees (109-182901-643300) This covers the fees for the dumpster that is utilized for trash disposal at the maintenance facility. In addition, a horticulture dumpster is utilized for the disposal of landscape and aquatic debris. Trash Dumpster Horticulture Dumpster Yearly Cost Community Beautification Cost Distribution: Insurance - General (109-182901-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Employee Uniforms (109-182901-652130) Insurance (Vehicles) (109-182901-645260) Description Quantity Vehicles 2002 Flat Bed Truck 1 1998 Ranger Ext. 4x4 1 2000 3/4 Ton Chev Pick-up 1 Tandem Trailer 2 2001 1/2 Ton Chev Ext. 4x4 1 2001 3/4 Ton Chev Ext. P/U 1 2004 1/2 Ton Util. Vehicle 1 2004 1/2 Ton Util. Vehicle 1 Sub-total: Cost $900 $900 $900 $200 $900 $900 $900 $900 $6,500 Insurance for all County Vehicles is handled through the County's Master Policy. Fertilizer, Pesticides, and Chemicals (109-182901-652310) Fertilizer Pesticides, Herbicides & Fungicides Sub-total: Sprinkler System Maintenance (109-182901-64631 l) 161 $24,500 $ 2,700 $ 30,000 $32,700 75% $9,900 $4,300 $6,500 $14,500 $16,500 $31,000 $31,000 $20,000 34 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Conununity Beautification Operating Department Operating Expenditures (Continued) Mulch Requirements ( 109-182901-646314) Area Square Feet Unit Price Yearly Section "A" 152,250 $2.25 3 Section "B" 78,000 $2.25 3 Section "C" 5,750 $2.25 3 Section "D" 10,750 $2.25 3 Section "E" 90,000 $2.25 3 Section "F" 6,000 $2.25 l Section "G" 10,000 $2.25 1 Section "H" 4,750 $2.25 3 Section "I" 59,500 $2.25 3 Foundation 71,750 $2.25 3 Tram Berm Road 1,875 $2.25 3 U.S. 41 Berm 158,000 $2.25 3 Sub-total: 648,625 Appl. Total $11,419 $5,850 $431 $806 $6,750 $150 $250 $356 $4,463 $5,381 $141 $11,850 $47,800 $47,800 With the quantities of mulch required for Pelican Bay, the recommended method of purchase is by bale, and the estimated coverage rate per bale is ninety (90) sq. feet. Equipment Rental (109-182901-644600) Miscellaneous Rentals Lift Rental for Sabal Palms Sub-Total $3,500 $4,5OO $8,000 $8,000 Licenses and Permits (109-182901-649010) Beach Cleaning Permits from Collier County Department of Environmental Protection Permits Employee Pesticide Licenses Total: $250 $250 $500 $1,000 $1,000 Repairs and Maintenance The following are the cost's associated with operating and maintaining the following vehicles: $36,700 Vehicles 2002 Flat Bed Truck 1998 Ranger Ext. 4x4 2000 3/4 Ton Chev Pick-up Tandem Trailer 2001 1/2 Ton Chev Ext. 4x4 2001 3/4 Ton Chev Ext. P/U Mowers 52" Z.T.R. Mower 52" Z.T.R. Mower 52" Mower 36" Mower 72" Z.T.R. Mower 35 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) 2002 4 Dr Utility Vehicle 2004 1/2 Ton Util. Vehicle 2004 1/2 Ton Util. Vehicle 2000 3/4 Ton Utility Bed Miscellaneous All Terrain Vehicles 4x4 Fleet Maintenance Labor Parts Fuel & Lubricants Outside Vendors Parts Repairs & Maintenance Fuel & Lubricants Other Equipment R&M 109-182602-646430) 109-182602-646440) 109-182602-646410) 109-182602-646445) 109-182602-646410) 109-182602-652410) 109-182602-646970) This category covers the repairs & maintenance of all miscellaneous equipment. Sub-Total Repairs & Maintenance $10,100 $6,500 $18,400 $5O0 $100 $100 $1,000 $36,700 Minor Operating Supplies - (109-182901-652910) Miscellaneous Equipment Purchases Description Cost/Each Quantit~ Total Edger $325 2 $650 Blower $420 2 $840 Weedwhip $320 2 $640 Chain Saw $350 2 $700 Trimmer's $280 2 $560 Sub-total: $3,400 $3,400 Other Operating Supplies - (109-182901-652990) Miscellaneous $9,000 $16,000 Bio-Barrier (Sidewalk Root Repair) In Fiscal Year 2004 it is proposed to fund the material costs for the bio-barrier installation in the areas necessary where irrigation improvements are scheduled. $5,000 Miscellaneous Materials $2,000 36 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Capital Outlay (109-182901-764990) Office Equipment Description Quantity Unit Cost Total Cost Office Equipment I $1,500 $1,500 Office Furniture I $1,500 $1,500 Upgrade Computers 0 $0 $0 Notebook Computer I $0 $0 Telephone System 0 $0 $0 Total: $3,000 Community Beautification Cost Distribution: 34% Other Machinery & Equipment (109-182901-764990) Description Quantity Unit Cost Total Cost 2004 1/2 Ton Util. V¢ 1 $22,500 $22,500 2004 1/2 Ton Util. V¢ I $22,500 $22,500 Ail Terrain Vehicles 3 $8,000 $24,000 Total: $69,000 Each Year the Division reserves funds for the replacement of certain equipment whose useful life has been reached. Therefore, the Division appropriates the expenditure for this replacement equipment, and also allocated a portion of the Division's Fund Balance to fund this Capital Outlay. Community Beautification Cost Allocation for Vehicles All Terrain Vehicles 100% 50% Other Machinery & Equipment (109-182901-763100) It is proposed the following general improvements be made for Fiscal Year 2003 Description Quantity Unit Cost Total Cost Maint. Facility 1 $10,000 $10,000 Total Cost: $10,000 The Division's Operations Facility periodically requires repair and replacement and it is proposed that the funds budgeted this year be used for maintenance facility Mc unit and site improvements. Community Beautification Cost Allocation: 34% $61,400 37 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Community Beautification Operating Department Operating Expenditures (Continued) Other Fees & Charges: Tax Collector (109-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three (3) percent of the assessments collected. Property Appraiser (109-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The Property Appraiser charges two (2) percent of the amount levied. $51,200 $51,200 $33,800 $33,800 Revenue Reserve (109-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues which will cover discounts and non-payment of assessments. Total Other Fees & Charges Total Community Beautification Expenditures: $87,200 $87,200 $172,200 $1,686,900 38 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Fund Summary Revenue Projections: Carryforward Interest Income Ad-Valorem Tax Levy Appropriation Projections Administrative Appropriations Personal Services Regular Salaries Reserve For Salary Adjustments Social Security Matching Retirement Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Insurance - General Direct Client Services - I.T. Office Supplies - General Other Operating Supplies Total Available Funds: Total Personal Services: Total Operating Appropriations: $87,100 $1,200 $118,300 $206,600 $32,600 $1,500 $2,600 $2,000 $38,700 $10,300 $20,100 $600 $3,500 $2,000 $8,000 $1,300 $600 $3,000 $500 $1,000 $50,900 39 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Fund Summary Field Services: Personal Services Regular Salaries Reserve For Salary Adjustments Social Security Matching Retirement Engineering Other Contractual Services Electricity Insurance - General Insurance - Vehicles Other Operating Supplies Capital Outlay Total Personal Services: $29,900 $1,100 $2,400 $2,300 $35,700 Total Field Operating Expenditures: $1,500 $12,600 $30,300 $800 $900 $16,400 $62,500 $6,500 Total Capital Outlay: $6,500 Total Field Expenditures: $104,700 Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Other Fees & Charges: $3,700 $2,400 $6,200 $12,300 Total Street Lighting Expenditures: $206,600 40 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Revenue Current Ad-Valorem Tax Interest Income Miscellaneous Income Carryforward Total Revenue: Received Anticipated Total Variance FY 2003 Expended Mar./Sept. Received Over Budget Year-To-Date 2003 Ex[~ended (Under) $212,900 $177,900 $35,000 $212,900 $0 $6,400 $3,300 $3,100 $6,400 $0 $0 $100 $0 $100 ($100) $12,800 $0 $0 $0 $12,800 $232,100 $181,300 $38,100 $219,400 $12,700 Appropriations Administration: Regular Salaries Reserve For Salary Adjust. Social Security Matching PBSD Retirement Sub-total: $31,700 $13,300 $19,200 $32,500 ($800) $1,300 $0 $0 $0 $1,300 $2,500 $1,000 $1,400 $2,400 $100 $1,900 $800 $1,200 $2,000 ($100) $37,400 $15,100 $21,800 $36,900 $500 Indirect Cost Reimb. Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight, UPS Rent - Building Rent - Equipment Insurance - General Data Processing Equip. R&M Office Supplies Copying Charges Minor Office Equipment Other Operating Supplies Sub-total: Total Administrative: $9,900 $4,950 $4,950 $9,900 $0 $20,100 $6,600 $9,200 $15,800 $4,300 $600 $300 $200 $500 $100 $2,500 $500 $1,200 $1,700 $800 $2,000 $600 $1,400 $2,000 $0 $7,900 $3,900 $4,100 $8,000 ($100) $1,600 $300 $500 $800 $800 $400 $400 $0 $400 $0 $300 $50 $3,100 $3,150 ($2,850) $500 $200 $500 $700 ($200) $400 $0 $50 $50 $350 $100 $0 $100 $100 $0 $500 $0 $100 $100 $400 $46,800 $17,800 $25,400 $43,200 $3,600 $84,200 $32,900 $47,200 $80,100 $4,100 41 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance FY 2003 Expended Mar./Sept. Received Over Budget Year-To-Date 2003 Expended (Under) Field Services: Regular Salaries $25,000 $10,700 $14,600 $25,300 ($300) Overtime $4,400 $900 $1,600 $2,500 $1,900 Reserve for Salary Adj. $1,000 $0 $1,400 $1,400 ($400) Social Security Matching $2,200 $800 $1,100 $1,900 $300 Regular Retirement $1,800 $700 $900 $1,600 $200 Sub-total: $34,400 $13,100 $19,600 $32,700 $1,700 Engineering Fees $1,500 $0 $0 $0 $1,500 Other Contractual Services $12,600 $1,300 $3,700 $5,000 $7,600 Electricity $30,300 $7,000 $13,600 $20,600 $9,700 Insurance $1,600 $1,600 $0 $1,600 $0 Other Operating Supplies $16,400 $9,700 $7,300 $17,000 ($600) Sub-totah $62,400 $19,600 $24,600 $44,200 $18,200 Total Field Services: $96,800 $32,700 $44,200 $76,900 $19,900 Capital Outlay: Street Light Poles $2,200 $0 $2,200 $2,200 $0 Luminaires $0 $0 $0 $0 $0 Improvements - General $26,800 $19,800 $7,000 $26,800 $0 Autos & Trucks $0 $0 $0 $0 $0 Sub-total: $29,000 $19,800 $9,200 $29,000 $0 Total Capital Outlay: $29,000 $19,800 $9,200 $29,000 $0 Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Sub-total: $6,600 $1,600 $5,000 $6,600 $0 $4,300 $3,600 $700 $4,300 $0 $11,200 $0 $11,200 $11,200 $0 $22,100 $5,200 $16,900 $22,100 $0 Total Other Fees & Charges $22,100 $5,200 $16,900 $22,100 $0 Total Appropriations: $232,100 $90,600 $117,500 $208,100 $24,000 42 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Net Income from Operations Fund Balance October 1, 2002 (Actual) $79,200 Current Year Transfers to Fund 322 Fund Balance September 30, 2003 (Projected) Fund Balance Allocations - Fiscal Year 2004 Reserved for Operations Opening Balance (10/01/03) $50,800 $121,500 Fiscal Year 2004 Transfer to Fund 322 $0 Fiscal Year 2004 Transfer to Carryforward $90,500 Sub-total Reserved for Operations: $31,000 Reserved for Capital Outlay Equip. Replacement: (Opening Balance 10-01-03) $6,800 $6,800 Fiscal Year 2004 Additions $3,400 Fiscal Year 2004 Transfers to Carryforward $0 Sub-total Reserved for Capital Outlay Total Fund Balance - September 30, 2004 (Projected) $11,300 $142,000 $25,000 $128,300 $10,200 $41,200 15.00% 43 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Administration: Personal Services Regular Salaries (778-182700-512100) Reserve for Salary Adjustment ( 109-182601-519100) Social Security Matching (778-182700-521100) Retirement (778-182700-522700) Total Personal Services: $32,600 $1,500 $2,600 $2,000 $38,700 $38,700 (1) Health Insurance for the employees is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the next two fiscal years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary, except for those employees who chose to remain under the PBID Retirement Program. Operating Expenditures: Indirect Cost Reimbursements (778-182700-634970) Transfers to County Manager's Agency for Administrative Services provided by Departments such as Human Resources and Purchasing. This fee is based on the Division's share of the services provided by the County General Fund. $10,300 Other Contractual Services: (778-182700-634999) Management Services: The Division retains a Contract Manager to assist in the daily operations of the Division. $15,840 $20,100 Total Yearly Fee: $48,000 Street Lighting Cost Distribution: 33% Public Relations Services: These funds are allocated for mailings required to the Community during the Fiscal Year. $3,300 Total Yearly Fee: $10,000 Water Management Cost Distrib. 33% Miscellaneous $1,000 $1,000 Telephone - Service Contracts (778-182700-641150) Covers the costs associated with the answering service. $600 Collier County Pelican Bay Services Division Operating Budget Street Lighting Fund Street Lighting Fund Operating Expenses (Continued) Answering Service Yearly Cost $1,800 Street Lighting Cost Distribution: 33% Telephone - Direct Line (778-182700-641400) Postage, Freight & Ups (778-182700-641950) Rent- Buildings (778-182700-644100) Sun Bank Building Rent: Sc]uare Feet Cost: Area: Rent: $18.30 1,039 Mai ntenance: $4.89 1,039 Total: Total: $19,014 $5,081 $24,094 Street Lighting Cost Distribution: 33% Rent - Equipment (109-182700-644600) This covers the Division's share of the cost to rent miscellaneous office equipment throughout the Year. Dell Computers $300 Copier $3,200 Postage Meter $500 Total: $4,000 Street Lighting Cost Distribution: 33% Insurance - General (778-182700-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Direct Client Services (109-182900-634204) The Division costs are based on the number of employees for programs provided by the County's General Fund, and include SAP (financial accounting), Electronic Purchasing, Disaster Recovery, Network and Service Maintenance. Estimated Yearly Cost: $9,200 Community Beautification Cost Dist 33% Office Supplies - General (778-182700-651110) Other Operating Supplies (778-182700-652990) $3,500 $2,000 $8,000 $1,300 $600 $3,000 $500 $1,00o 45 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Field Services Personal Services Regular Salaries (778-182701-512100) Reserve For Salary Adjustments Overtime Salaries (778- ! 82701-514100) Social Security Matching (778-182701-521100) Retirement (778-182701-522100) Total Personal Services: $24,800 $1,100 $5,100 $2,400 $2,300 $35,700 (1) Health Insurance for the employees is partially paid for by the County. The Division's contribution for each employee for FY 2004 is $9,379, which represents 84% of the cost and employees contributing 16%. The County plans to shift towards an 80%-20% cost sharing arrangement over the following two Fiscal Years. (2) Pension is provided through the Florida Retirement System at 7.30% of Base Salary. Operating Expenditures: Engineering (778 - 182701-631400) Consists of the Engineer's review and recommendations for the Street Lighting facilities as requested from time to time by staff or the Advisory Board. Other Contractual Services (778-182701-634999) Electrician Services Hours Rate Total Estimated Repair Hours 300 $32 $9,600 Miscellaneous: $3,000 Electricity (778-182701-643100) In 1980 Pelican Bay entered into an agreement with Florida Power & Light Company to provide electric service to the Street Lighting System, pursuant to the provisions of Florida Power & Light Company's Rate Schedule SL- 1. Luminaire Type: Metalhalide Amount Description Single Family Boulevard Energy Charge $1.02 $2.45 Fuel Charge $1.23 $2.95 Conservation Charge $0.05 $0.12 Oil Backout Charge $0.00 $0.00 Capacity Payment $0.09 $0.21 Environmental Charge $0.61 $1.47 Total Charge Per Unit $2.99 $7.19 $35,700 $1,500 $12,600 $30,300 46 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Field Services: (Continued) Operating Expenditures: (Continued) Street Lighting Fund Single Family Lights (A) Lamp Size 8500 Lumens 100 Watt Bulb KWH/Mo. Estimate: 42 Boulevard Lights (B) Lamp Size 21,000 Lumens 250 Watt Bulb KWH/Mo. Estimate: 101 Energy Charge: Each energy charge of the monthly rate is calculated to the nearest .001 per kilowatt hour to reflect the cost of fossil and nuclear fuels and purchased power for each kilowatt hour delivered. The Energy Charge: April 1, 2003 through September 30, 2003 Plus 4% Total: Fuel Charge: Fuel charges are adjusted by the Florida Public Service Commission normally each six months, April and October. The Fuel Charge: April 1, 2003 through September 30, 2003 Plus 4% Total: Energy Conservation Cost Recovery Clause Each rate schedule shall be calculated up or down to the nearest .001 for each KWH of sales to reflect the recovery of conservation related expenditures by the company. The company shall record both projected and actual expenses and revenues associated with the implementation of the Company's Energy Conservation Plan as authorized by the Public Service Commission. The energy conservation cost recovery charge April 1, 2003 through September 30, 2003 Plus 4% Total: Oil Backout Cost Recovery Charge The monthly charge for each rate schedule shall be increased to reflect the recovery of costs for projects which have qualified as supply-side oil conservation measures. The procedure for the review, approval, recovery and recording of such costs is set forth in Commission Rule 25017.16 F.A.C. The oil backout recovery charge April l, 2003 through September 30, 2003 Plus 4% Total: 0.02332 0.0009328 0.0242528 0.02805 0.001122 0.029172 0.112 0.00448 0.11648 0 0 0 47 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Field Services: (Continued) Operating Expenditures: (Continued) Street Lighting Fund Electricity (Continued) (778-182701-643100) Capacity Payment Recovery Clause The purpose of the Capacity Payment Recovery Clause is the recovery of payments made by FP&L for off-system capacity. The procedure for the review, approval, recovery and recording of such costs is set forth in Commission Rule 25017.16 F.A.C. The capacity payment recovery charge April 1, 2003 through September 30, 2003 Plus 4% Total: 0.198 0.00792 0.20592 Environmental Cost Recovery Clause The purpose of the Environmental Cost Recovery Clause is the recovery of costs made by FP&L for environmental compliance. The procedure for the review, approval, recovery and recording of such costs is set forth in Commission Rule 25017.16 F.A.C. The environmental cost recovery charge April 1, 2003 through September 30, 2003 Plus 4% Total: 0.014 0.00056 0.01456 Lights in Electric Description Service Cost 20,000 Lumens 286 $24,683.25 9,500 Lumens 156 $5,598.72 Total: $30,300.00 Insurance - General (778-182701-645100) This covers the Division's pro-rata share of the overall Collier County property & general liability insurance. Insurance (Vehicles) (778-182701-645260) The vehicle insurance for all County vehicles is handled through the County's Master Policy. The estimated cost for each vehicle is approximately $900. 2000 3/4 Ton Utility Bed $900 $900 $8OO $900 48 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Field Services: (Continued) Operating Expenditures: (Continued) Other Operating Supplies - Contingencies (778-182701-652990) Street Lishtin[~ System Number in Estimated Yearly Percentages Description Service Repairs Luminaires Poles 100 Watt Single Luminaires Lights 152 10% 1% Poles 152 1% 100 Watt Double Luminaires Lights 12 10% 1% Poles 6 1% 250 Watt Single Luminaires Lights 48 10% 1% Poles 48 1% 250 Watt Double Luminaires Lights 238 10% 1% Poles 119 1% $16,400 Street Li[~htin~ System Number in Estimated Yearly Percental~es Description Service Repairs Luminaires Sidewalk Post 189 10% 1% Sign Lights 6 10% 1% Column Lights 36 10% 1% Up-Lights 12 10% 1% Flag Pole Lights 2 10% 1% Poles Estimated Unit Repair Costs Number in Bulbs, Fuses & Description Service Ballast Kits Luminaires 100 Watt Single Luminaires Lights 152 $99.51 $550.00 Poles 152 100 Watt Double Luminaires Lights 12 $99.51 $550.00 Poles 6 250 Watt Single Luminaires Lights 48 $108.72 $725.00 Poles 48 250 Watt Double Luminaires Lights 238 $108.72 $725.00 Poles 119 Poles $620.00 $620.00 $780.00 $780.00 49 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Field Services: (Continued) Operating Expenditures: (Continued) Other Operating Supplies - Contingencies (778- ! 82701-652990) (Continued) Street Li~lhtin~ System Estimated Unit Repair Costs Number in Bulbs, Fuses & Description Service Ballast Kits Luminaires Poles Sidewalk Post 189 $38.83 $379.00 Sign Lights 6 $69.50 $410.00 Column Lights 36 $61.25 $375.00 Up-Lights 12 $60.35 $360.00 Flag Pole Lights 2 $89.50 $750.00 Number in Description Service Estimated Total Repair Costs Bulbs, Fuses & Ballast Kits Luminaires Poles 100 Watt Single Luminaires Lights 152 Poles 152 100 Watt Double Luminaires Lights 12 Poles 6 250 Watt Single Luminaires Lights 48 Poles 48 250 Watt Double Luminaires Lights 238 Poles 119 $1,500.00 $800.00 $900.00 $100.00 $100.00 $0.00 $500.00 $300.00 $400.00 $2,600.00 $1,700.00 Street Li[htin[l System Number in Description Service Estimated Total Repair Costs Bulbs, Fuses & Ballast Kits Luminaires Poles Sidewalk Post 189 $700.00 $700.00 Sign Lights 6 $0.00 $0.00 Column Lights 36 $200.00 $100.00 Up-Lights ! 2 $100.00 $0.00 Flag Pole Lights 2 $0.00 $0.00 Miscellaneous $7,000.00 Sub-total: $12,700 $3,700 $2,200 50 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Street Lighting Fund Field Services: (Continued) Operating Expenditures: (Continued) Capital Outlay (109-182700-764990) Office Equipment Description Quantity Unit Cost Total Cost Office Equipment 1 $1,500 $1,500 Office Furniture I $1,500 $1,500 Upgrade Computers 0 $0 $0 Notebook Computer 0 $0 $0 Telephone System 0 $0 $0 Total: $3,000 Street Lighting Cost Distribution: 33% 1611 $6,500 Description Quantity Unit Cost Total Cost Pole Replacements N/A $2,200 $2,200 Total: $2,200 Each Year the Division reserves funds for the replacement of certain equipment whose useful life has been reached. Therefore, the Division appropriates the expenditure for this replacement equipment, and also allocates a portion of the Division's Fund Balance to fund this Capital Outlay. Street Lighting Cost Allocation: 100% Improvements General (778-182702-763100) It is proposed the following general improvements be made for Fiscal Year 2004 Description Quantity Unit Cost Total Cost Maint. Facility 1 $10,000 $10,000 Total Cost: $10,000 The Division's Operations Facility periodically requires repair and replacement and it is proposed that the funds budgeted this year be used for maintenance facility a/c unit and site improvements. Street Lighting Cost Allocation: 33% 51 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2003 Field Services: (Continued) Street Lighting Fund Other Fees & Charges: Tax Collector (778-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three (3) percent of the taxes collected. Property Appraiser (778-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The Property Appraiser charges two (2) percent of the amount levied. Revenue Reserve (778-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues which will cover discounts and non-payment of assessments. Total Other Fees & Charges $3,700 $2,400 $6,200 $12,300 Total Street Lighting Appropriations: $206,600 52 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Security Operations Revenue Summary Carryforward Interest Income Ad-Valorem Taxes Appropriation Projection Security Operations Indirect Cost Reimbursement Personal Services Other Contractual Services Capital Outlay Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Available Funds: Total Debt Service Requirement: Total Capital Outlay: Total Other Fees & Charges: $48,000 $3,400 $452,900 $504,300 $800 $0 $408,500 $409,300 $48,000 $48,000 $14,000 $9,200 $23,800 $47,000 Total Appropriations: $504,300 53 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Security Operations Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance Budget Expended Mar./Sept. Received Over FY 2003 Year-To-Date 2003 Expended (Under) Revenue: Tax Levy Interest Income Carryforward Total Revenue $434,700 $362,900 $71,800 $434,700 $0 $8,400 $3,400 $5,000 $8,400 $0 $70,500 $0 $0 $0 $70,500 $513,600 $366,300 $76,800 $443,100 $70,500 Appropriations: Indirect Cost Reimb. Other Contractual Services Indirect Cost Reimb. Other Operating Supp. Total Appropriations $800 $400 $400 $800 $0 $397,100 $111,800 $285,300 $397,100 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $397,900 $112,200 $285,700 $397,900 $0 $70,500 $0 $24,000 $24,000 $46,500 $70,500 $0 $24,000 $24,000 $46,500 Capital Outley Other Machinery & Equip. Total Capital Outlay Other Fees and Charges Tax Collector Property Appraiser Revenue Reserve Expenditure Reserve Total Other Fees and Charges $13,400 $7,300 $6,100 $13,400 $0 $8,900 $1,800 $7,100 $8,900 $0 $22,900 $0 $22,900 $22,900 $0 $0 $0 $0 $0 $0 $45,200 $9,100 $36,100 $45,200 $0 $513,600 $121,300 $345,800 $467,100 $46,500 Total Appropriations & Other Fees & Chgs. Net Income Fund Balance October 1, 2002 (Actual) Fund Balance September 30, 2003 (Projected) Distribution of Fund Balance Reserved for Operations Opening Balance (10/1/03) Transfer to Carryforward ($24,0O0) $94,400 $145,700 $18,900 Sub-total Reserved for Operat~ns: $121,700 $115,700 $48,000 $67,700 22.94% 54 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Security Operations Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Reserved for Capital Outlay Equipment Replacement (Opening Balance 10/01/03) $5,000 $5,000 Fiscal Year 2004 Additions $1,000 Fiscal Year 2004 Transfers to Carryforward $0 Sub-total Reserved for Capital Outlay: $6,000 Total Fund Balance - September 30, 2004 (Projected) $73,700 55 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Security Operations Appropriation Analysis: Other Contractual Services (110-182800-634970) The following projections have been provided by the Collier County Sheriff's Office. In accordance with the Pelican Bay Services Division Board's objectives, these costs provide for One (1) Full-time Sheriffs Deputy to be assigned to Pelican Bay. In order to provide for full-time service to the Pelican Bay Community a total of five (5) Deputies will be required. Projected Cost Personal Services Each Salary $50,920 FICA $3,960 Incentive $720 Retirement $9,520 Health Insurance $7,320 Life Insurance $160 Workman's Comp. $2,620 Sub-total: Total $254,600 $19,800 $3,600 $47,600 $36,600 $800 $13,100 $75,220 $376,100 Insurance Automobile Liability Automobile Repairs and Maintenance Tires and Batteries Fuels and Lubricants Uniforms Printing & Binding Other Operating Supplies $840 $4,200 $940 $4,700 $1,000 $5,000 $400 $2,000 $1,700 $8,500 $100 $500 $0 $0 $300 $1,500 Sheriffs Office Allocation for all overhead Indirect Cost Reimbursement Capital Outlay Vehicles Total: $6,000 $6,000 $0 $800 $48,000 $48,000 $134,500 $457,300 $457,300 56 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 1611 Security Operations Other Fees and Charges: Tax Collector ( 110-959050-730700) Fees are based on Fiscal Year 2004 taxes to be collected. The Tax Collector charges three (3) percent of the taxes collected. Property Appraiser (110-959050-930600) Fees are based on Fiscal Year 2004 taxes levied. The Property Appraiser charges two (2) percent of the taxes collected. Revenue Reserve (110-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues, which will cover discounts and non-payment of taxes. Total Other Fees & Charges: $14,000 $9,200 $23,800 $47,000 Total Appropriations: $504,300 57 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Revenue Projections Carryforward Interest Income Transfer from TDC Transfers from Fund I I I (Natural Resources) Assessment Levy Total Available Funds: Appropriation Projection Clam Bay Operations & Maintenance (Funded by TDC & DNR) Engineering Fees Other Contractual Services Water Quality Testing Program Repairs & Maintenance Minor Operating Equipment Other Operating Supplies Total Operating Expenditures $247,400 $200 $10,000 $165,100 $38,400 $461,100 $104,900 $53,600 $2,700 $900 $1,000 $12,000 $175,100 Clam Bay Improvement Programs Engineering Consultant Services Other Contractual Services Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Ecosystem Enhancements Total Other Fees & Charges: $100,000 $182,000 $282,000 $1,200 $800 $2,O0O ,? Total Appropriations: $461,100 58 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance Budget Expended Mar./Sept. Received Over FY 2003 Year-To-Date 2003 Ex[pended (Under) Revenue: Assessment Levy Interest Income Developer Contributions Misc. Income TDC Funding DNR & TDC Funding Carryforward Total Revenue $2,400 $1,200 $1,200 $2,400 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,000 $0 $10,000 $10,000 $0 $426,200 $218,100 $208,100 $426,200 $0 $315,000 $0 $0 $0 $315,000 $753,600 $219300 $219300 $438,600 $315,000 Appropriations: Operations Engineering Other Contractual Water Quality Repairs & Maintenance Copying Charges Minor Operating Eqpt. Computer Software Other Operating Supplies Total Operations $106,400 $17,800 $88,600 $106,400 $0 $327,200 $116,000 $57,500 $173,500 $153,700 $3,900 $0 $3,900 $3,900 $0 $900 $0 $900 $900 $0 $o $o $o $o $o $1,000 $5,400 $0 $5,400 ($4,400) $o $o $o $o $o $7,000 $2,600 $4,400 $7,000 $0 $446,400 $141,800 $155~00 $297,100 $149v300 Capital Projects Engineering Improvements (Operating) Total Capital Projects $192,000 $20,700 $126,300 $147,000 $45,000 $115,000 $3,300 $11,700 $15,000 $100,000 $307,000 $24,000 $138,000 $162,000 $145,000 Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Other Fees and Charges $100 $100 $0 $50 $50 $0 $0 $0 $0 $0 $1oo $0 $~00 $50 $50 $200 $100 $100 $100 $100 Total Appropriations $753,600 $165,900 $293,400 $459,200 $294,400 59 Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Received Anticipated Total Variance Budget Expended MarJSept. Received Over FY 2003 Year-To-Date 2003 Expended (Under) Net Income Fund Balance October I, 2002 (Actual) $304,800 Fund Balance September 30, 2003 (Projected) Fund Balance Allocations - Fiscal Year 2004 Opening ~Balance ( l 0/01/03) $0 Fiscal Year 2004 Transfer to Fund 1 l 1 Transfer to Carryforward Sub-total Reserved for Operations.' Total Fund Balance - September 30, 2004 (projected) ($20,600) $437,200 $416,600 $416,600 $169,200 $247,400 $0 $0 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations & Maintenance Engineering (320-183800-631400-0) Management Report $25,000 The Clam Bay Monitoring Program includes biological, water quality and hydrographic analysis with reports prepared for each that are submitted to the regulatory agencies as required by the Clam Bay Restoration and Management Plan. These fees are being budgeted for overall analysis of these various reports by multiple consultants. Findings of these analyses will be developed into an Annual Manage- ment Report used as a tool to determine the most effective environmental approach to proceed with the Clam Bay Program. Biological Monitoring $30,400 These engineering fees are budgeted to coordinate biological monitoring of the Clam Bay System, analyze the data and compile an Annual Report to be submitted to the regulatory agencies. This mon- itoring will determine the long term status of the biological condition of Clam Bay, to include the monitoring of seagrasses and wetland plants including mangroves on an annual basis. The distribution, abundance and the condition of the plants shall be monitored. This ground monitoring will be performed in conjunction with an aerial photograph of the area. In addition, the monitoring of exotic plant species will be monitored and managed so that the percentage is kept below 1%. Hard bottom Monitoring These funds are for the monitoring of the off-shore hard bottom adjacent to the Clam Pass Park Beach. $3,000 Water Quality Report $3,000 These engineering fees are being budgeted to analyze and prepare an Annual Report to be submitted to the regulatory agencies on the water quality analysis performed in the Clam Bay System. Hydrographic Monitoring $43,500 These engineering fees are being budgeted to coordinate, analyze and prepare the data to be included in the Annual Report for hydrographic monitoring required in the Clam Bay Restoration and Management Plan. This monitoring will evaluate the tidal flows within the Clam Bay System as a result of the dredging. Included in the program are four recording tide gauges and tide staff gauges positioned throughout the Clam Bay System and five water level gauges located in the Mangrove Forest. Also, tidal flow readings shall be recorded in the tidal creeks and the Seagate Culverts to determine velocities and volumes of water being exchanged. As part of this monitoring, survey cross sections shall be performed in the dredged channels to determine if any silting of the channels has occurred and if maintenance dredging is required. $104,900 61 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations & Maintenance Other Contractual Services (320-183800-634999-0) Contract Labor it is proposed to use in-house staff to perform the monitoring and data collection for the Clam Bay Monitoring Programs. To supplement the staff time estimated for the monitoring program, funds are being budgeted for temporary labor equal to the cost of staff hours. Below is the estimated staff cost for the monitoring programs. $12,100 $53,600 Program Staff Cost Salinity Monitoring $ 1,500 Biological Monitoring $600 Water Quality Analysis $500 Hydrographic Monitoring $9,500 Total $12,1 O0 Exotic/lnvasive Plant Control Program It is proposed that a maintenance program be implemented to control exotic plant material and nuisance plant material within the Clam Bay System. $18,000 Aerial Photography The annual cost for aerial photographs of the Clam Bay System used to assess vegetation conditions as part of the Biological Monitoring Program. $3,500 Interior Channel Maintenance It is proposed that a maintenance program be implemented for the cleaning of the Clam Bay Interior Channels. There are approximately 20,000 L.F. of channels of which it is estimated 25% will require maintenance as field identified. $20,000 Water Quality Testing Program (320-183800-634255-0) A water quality program will be performed to monitor various parameters determining the nutrient loading of the Clam Bay System. This program includes the testing from eight locations, four along the Pelican Bay Berm and four within the Clam Bay System. Currently seven of these sample points are tested as part of the water quality testing for the Water Manage- ment System. The costs presented here are for the additional samples not presently collected in Upper Clam Bay. $2,700 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Appropriation Analysis: Clam Bay Operations & Maintenance Capital Projects Fund Clam Bay Restoration Program Yearly Parameter Quantity Unit Price Total Cost Temperature 36 In-house N/A pH 36 In-house N/A Conductivity 36 In-house N/A Dissolved Oxygen 36 In-house N/A Salinity 36 In-house N/A Ammonia 36 $8.00 $300 Nitrites 12 $7.00 $100 Ortho-phosphate 36 $6.00 $200 TDS 36 $7.00 $300 Total Phosphorus 36 $ l 0.00 $400 Silica 12 $6.00 $100 TKN 36 $15.00 $500 Nitrates 36 $7.00 $300 TOC 12 $12.00 $100 Chlorophyll-a 12 $14.00 $200 Pheophyton 12 $15.00 $200 TOTAL $2,700 Repairs & Maintenance - (320-183800-646970-0) Salinity Recorder $600 Portable Flow Meter $300 Sub-Total: $900 Minor Operating Equipment (320-183800-652910-0) Other Operating Supplies (320-183800-652990-0) Misc. Supplies & Cattail Plantings Materials for Yards and Neighborhoods $7,000 $5,0O0 Clam Bay Improvement Program (183805) Engineering (320-183805-631400-0) Restoration Consultant Services The Clam Bay monitoring program includes biological, water quality and hydrographic analysis which is performed on an annual basis. Findings of these analyses are developed into an Annual Management Report used to identify any potential improvements in the restoration of the Clam Bay System. The fees being requested are for the consultant services necessary for these improvements, as well as for the improvements identified in the Clam Bay Hydrographic Study. Also, included is 520 hours for biologist time to assist staff in the Clam Bay Restoration Program. $80,000 $900 $12,000 $100,000 63 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Improvement Program Pelican Bay Beach Renourishment This funding will allow PBSD to participate in the permitting process with Collier County which will give the Pelican Bay community a cost effective option for beach renourishment. Interior Tidal Channels Consultant fees necessary for the surveying, design and services during construction of interior tidal channels. These interior tidal channels are constructed to drain stormwater from low lying areas within Clam Bay where this condition is causing stress to the mangroves. $10,000 $10,000 Other Contractual Services (320-183805-634999-0) Hydrographic Improvements These fees are the construction of the improvements identified in the Clam Bay Hydrographic Study. Interior Tidal Channels Fees am being budgeted for the contractual services necessary for the construction of the Interior Tidal Channels. $152,000 $20,000 Clam Bay Plantings These fees are for Mangrove replanting within the Clam Bay System. $10,000 Other Fees and Charges: Tax Collector: (133-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three (3) percent of the assessments collected. Property Appraiser (133-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The Property Appraiser charges two percent (2%) of the amount levied. Revenue Reserve (133-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues, which will cover discounts and non-payment of assessments. $182,000 $1,200 $8OO $2,000 Total Other Fees & Charges: Total Appropriations: $4,000 $461,100 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Community Beautification Uninsured Asset Restoration Reserve Revenue Summary Carryforward Interest Income Assessment Levy Total Available Funds: Appropriation Projection Capital Projects Community Beautification Uninsured Asset Restoration Reserve Construction Total Capital Outlay: Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Other Fees & Charges: Total Appropriations: ($17,900) $17,900 $o $0 $0 $0 $0 $o $o $0 $0 Equivalent Residential Units Projected ERU Rate: Actual ERU Rate (FY 2003) Percentage Change N/A N/A 65 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Community Beautification Uninsured Asset Restoration Reserve Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Revenue: Assessment Levy interest Income Carryforward Total Revenue Received Anticipated Total Variance Budget Expended Mar./Sept. Received Over FY 2003 Year-To-Date 2003 Expended (Under) $o $o $o $o $o $52,800 $21.700 $31,100 $52,800 $0 ($52,80o) $o $o $o $o $0 $21,700 $31,100 $52,800 $0 Appropriations: Capital Projects Miscellaneous Total Capital Projects: $o $o $o $o $o $0 $o $o $o $o Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Other Fees and Charges $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Appropriations: $0 $0 $0 $0 $0 Net Income Fund Balance October 1, 2002 (Actual) $52,800 $1,142,800 $1,140,300 Fund Balance September 30, 2003 (Projected) Fund Balance Allocations - Fiscal Year 2004 Reserved for Operations $1,199,900 Current Year Additions Transfer to Carryforward Sub-total Reserved for Operations Total Fund Balance - September 30, 2004 (Projected) $1,193,100 $1,193,100 $17,900 $0 $1,211,000 $1,211,000 66 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Community Beautification Uninsured Asset Restoration Reserve Appropriation Analysis: Community Beautification Uninsured Asset Restoration Reserve For Fiscal Year 2004, the Division will only allocate monies into this Fund in the event of a natural disaster, which requires the restoration of the Division's Landscaping materials. $0 $0 Other Fees and Charges: Tax Collector: (133-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three (3) percent of the assessments collected. $0 Property Appraiser (133-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The Property Appraiser charges two percent (2%) of the amount levied. $0 Revenue Reserve ( 133-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues, which will cover discounts and non-payment of assessments. $0 Total Other Fees & Charges: Total Appropriations: $0 67 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Community Landscaping Improvements Revenue Summary Carryforward Interest Income Transfer From Fund 109 Transfer From Fund 778 Assessment Levy Total Available Funds: Appropriation Projection Capital Projects Irrigation System and Community Landscaping Improvements Gulf Park Drive (Project No. 51127) Engineering Other Contractual Services Replanting Program Mulch Requirements Other Operating Supplies Total Gulf Park Drive Improvements Oakmont Improvements (Project No. 51124) Engineering Other Contractual Services Replanting Program Mulch Requirements Other Operating Supplies Capital Outlay (Project No. 51124) Tax Collector Property Appraiser Revenue Reserve Total Oakmont Improvements Total Capital Outlay: Total Other Fees & Charges: Total Appropriations: Equivalent Residential Units Projected ERU Rate: 7763.19 $19.35 $229,500 $800 $0 $0 $150,200 $380,500 $2,000 $18,500 $23,500 $5,000 $1,000 $50,000 $2,300 $282,600 $11,000 $3,400 $6,000 $305,300 $9,600 $9,600 $4,600 $3,1oo $7,900 $15,600 $380,500 68 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Community Landscaping Improvements Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Revenue: Assessment Levy Interest Income Transfer from Other Funds Miscellaneous Income Developer Contribution Carryforward of Rolled Enc. Carryforward Total Revenue Received Anticipated Total Variance Budget Expended MardSept. Received Over FY 2003 Year-To-Date 2003 Expended (Under) $270,200 $253,000 $17,200 $270,200 $10,600 $0 $31,000 $31,000 $150,000 $75,000 $75,000 $150,000 $0 $500 $0 $500 $0 $0 $75,000 $75,000 $166,400 $0 $0 $0 $100,000 $0 $0 $0 $697,200 $328,500 $198,200 $526,700 $170,500 $0 ($20,400) $o ($500) ($75,000) $166,400 $100,000 Appropriations: Rolled Encumbrances Engineering Fees Contractual Services Landscape Materials Improvements General Current Year Appropriations Gulf Park Drive Irr. Phase Ill Phase Il PB Blvd/U.S. 41 Berm U.S. 41 Median - Phase Il Total Operating Expenses $0 $0 $0 $0 $0 $143,100 $75,100 $49,500 $124,600 $18,500 $23,300 $23,300 $0 $23,300 $0 $0 $0 $0 $0 $0 $146,100 $0 $146,100 $146,100 $0 $102.700 $83,200 $38,000 $121,200 ($18,500) $253,900 $0 $253,900 $253,900 $0 $669,100 $181,600 $487,500 $669,100 $0 Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Other Fees and Charges Total Appropriations $5,500 $4,200 $1,300 $5,500 $0 $8,400 $5,100 $3,300 $8,400 $0 $14,200 $0 $14,200 $14,200 $0 $28,100 $9,300 $18,800 $25,100 $0 $697,200 $190,900 $506,300 $697,200 $0 69 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Community Landscaping Improvements Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2003 Net Income Fund Balance October 1, 2002 (Actual) Fund Balance September 30, 2003 (Projected) ($170,500) $222,100 $400,000 $229,500 Fund Balance Allocations - Fiscal Year 2004 Reserved for Capital Outlay lrr.& Landscaping Analysis (Opening Balance 10/01/03) $122,100 Fiscal Year 2004 Additions Fiscal Year 2004 Transfer to Carryforward Sub-total Reserved for Capital Outlay: Total Fund Balance - September 30, 2004 (Projected) $229,500 $0 $229,500 $0 70 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Conununity Landscaping Improvements Appropriation Analysis: Capital Projects - Irrigation Sytem, Community Landscaping Gulf Park Drive Irrigation - Phase III (Project No, 51127) Engineering (322-183825-631400-0) These fees are being budgeted for an Irrigation Design Engineer and Landscape Architect for the implementation of the proposed improvements to the Gulf Park Drive Irrigation System. Other Contractual Services (322-183825-634999-0) These fees are for contractor services required for the construction of the landscaping and irrigation improvements along Gulf Park Drive. Contract Labor: It is proposed to use in-house staff to perform the installation of the right-of-way landscape along Gulf Park Drive. To supplement the estimated staff time for these improvements, funds are being budgeted for temporary labor equal to the cost of the staff hours. Irrigation Installation Services: These services are for installation of the irrigation system for the improvements within Gulf Park Drive. Landscape Materials (322-183825-634254-0) $15,000 $3,500 $2,000 $18,500 $23,500 These fees are for plant materials required for the irrigation and landscape improvements within the Gulf Park Drive rights-of-way. Sod Tree & Ornamentals $6,000 $17,500 Mulch Requirements (322-183825-646320-0) $5,000 These fees are for mulch requirements in all landscape capital improvement areas. Other Operating Supplies (322-183825-652990) These fees are for supplies required for the construction of the irrigation and landscape improvements within Gulf Park Drive. Irrigation Parts Total Operating Supplies $1,000 $1,000 $1,000 71 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Community Landscaping Improvements Appropriation Analysis: Capital Projects - Retaining Wall, Street Lights (Project No. 51124) (Includes: Oakmont Lake Bank & Oakmont Extension St. Lights) Engineering (322-183825-631400-0) These fees are being budgeted for an Irrigation Design Engineer and Landscape Architect for the implementation of the proposed Oakmont improvements. Other Contractual Services (322-183825-634999-0) These fees are for contractor services required for the construction of the Oakmont improvements. Contract Labor: It is proposed to use in-house staff to perform the installation of landscape materials for the Oakmont improvements. To supplement the estimated staff time for these improvements, funds are being budgeted for temporary labor equal to the cost of the staff hours. $12,500 Irrigation Installation Services: These services are for installation of the irrigation system Ibr the Oakmont improvements. Oakmont Lake Bank Retaining Wall Services These services are tbr the installation of the retaining wall along the Oakmont Lake Bank. $120,000 $145,000 Street Light Installation These services are for the installation of street lights on the Oakmont Parkway Extension. $5, I00 Landscape Materials (322-183825-634254-0) These fees are for plant materials required for the irrigation and landscape improvements for Oakmont. Sod Tree & Ornamentals $3,500 $7,500 Mulch Requirements (322-183825-646320-0) These fees are for mulch requirements in the Oakmont improvement area. $2,300 $282,600 $11,000 $3,400 72 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Irrigation System and Community Landscaping Improvements Appropriation Analysis: Capital Projects - Retaining Wall, Street Lights (Includes: Oakmont Lake Bank & Oakmont Extension St. Lights) Other Operating Supplies (322-183825-652990) These fees are for supplies required for the construction of the Oakmont improvements. Irrigation Parts $6,000 $6,000 Capital Outlay (322-183825-763501-511241) Description Quantity Unit Cost Poles 6 $800 Luminaires 6 $800 Total Total Cost $4,800 $4,800 $9,600 $9,600 Other Fees and Charges: Tax Collector: (322-959050-930700) Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three percent (3%) of the assessments collected. Property Appraiser (322-959050-930600) Fees are based on Fiscal Year 2004 assessments levied. The. Property Appraiser charges two percent (2%) of the amount levied. Revenue Reserve (322-919010-489900) The Board of County Commissioners policy and State Law requires the Division to appropriate 95% of estimated revenues, which will cover discounts and non-payment of assessments. $4,600 $3,100 $7,900 Total Other Fees & Charges: Total Appropriations: $15,600 $380,500 73 September, 2003 mm U ~ ~ ~UUU U U o Q c~ ~ u ~~=~ ~=o~2 1611 ~ ._ (DO -0 ~-~ -(DO0 ,~-- 0 0 IIII 1611 1611~~/6,,, Il/ 8 8 0 0 E 0 0 c ~o E o0o0 0 0~0 ~ 0 o o 0 0 0 I~ o o 0 0 I~ ~eO ~o JnOH ,ia 0 0 m ReCl 1.o JnoH 0 0 0 0 0 0 0 0 0 0 0 0 (CD O0 ~ q%) ~ 'q' O~ O~ lunoo S=IO ~epuo~ ~pseupeAA ~pseupe~ ~psJnql ~epsJnql ~eps~nql XepseupeAA ~epuo~ ~psen± ~psen± ~puo~ ~psJnq± ~psJnq± ~epseupeM ~epsen± ~psenL ~pseupeM ~pseupeM ~epuo~ ~epseupeM ~epuns tunoo SdO I1 dddddddddddd 0~0~~0 000000000 ~'- 0 ',-- 000000 O0 O000000 O00 ~~~00000 ~ 000000 000000 000000 ~0~0~0 1'13 m~-o e- 000000 t ,-, C) 00 C) 0 C) I ~= oooooo -- ~ ~ m LO 0 U30 lZ30I ~ _o~ C~ t-- tO tn 0 ~6 >.§ · I i II I I B Forward with Optimism by_lames A. Carro//, Chairman Tt is hard to believe that Pelican Bay is fast approaching its' twenty-fifth birthday. We have accomplished many things as a Community and have improved the quality of life in Pelican Bay as a result. ! hope that each of you are taking note of the aesthetic improvements that have taken shape in Pelican Bay, starting with the re-landscaping and irrigation improvements of the Pelican Bay roadways to the landscaping of the U.S. 4:1 medians and berm. We believe that in order to maintain and enhance our community's values, we must continually improve and maintain our appearance. Pelican Bay is now a mature community and we need to manage this community as a mature community rather than one being fueled by growth. This year we are dealing with a budget in excess of $4,000,000 and in years to come we will need to recognize that our finances must be watched and spent wisely. September 1:1th, 2001 has without a doubt, changed our lives as Americans forever. Right here in Pelican Bay we know there have been families that were directly affected, and we all seem to have had links to someone who perished that day, or who had a miraculous story of why they were not there, but might have been. The effects of these attacks both emotional and economic, will be felt for some time to come, and we clearly have seen changes in our daily lives as a result. However, as Americans, ! have no doubt that we will hold together as a people, we will support each other, and we will emerge stronger as a nation. !n the face of these disasters, ! want to assure the community of our consistent monitoring of our own security and policing in light of these events. ! have total confidence in all of those who protect us. The security of our residents is not being taken lightly and we are constantly meeting with our Sheriff's Department to assess our policing activities and services. September 30th will mark the end of another successful fiscal year for the Community of Pelican Bay. The year appears to have flown by, but not without significant changes to our Community, as well as significant accomplishments. We are looking forward to many more successes in Fiscal Year 2004, as we continually strive to make Pelican Bay the very best place in which to live. During this past year we added three new members and areas of expertise to our Board with the addition of Messrs..]ohn Iaizzo, David Nordhoff and Donald Spanier. These gentlemen were elected by you at our first election this Spring and appointed by the Board of County Commissioners in accordance with our recently approved new governing Ordinance. With the election of our new members the Board had three familiar faces retire. Messrs. .]oe Bawduniak, Tom Brown and Lou Vlasho had served our Board for many years, with nothing but the best interest of Pelican Bay in mind. Mr. Vlasho had served the Board as Chairman for three years prior to his retirement. We welcome our new members to the Board and want to say thank you to those members who have tirelessly worked to better our Community. Finally, with each passing year we are encouraged to see more residents involved in the Division's role in the community and we welcome all to our meetings. The Pelican Bay Services Division Board Meetings are held on the first Wednesday of each month at 3:00 P.M. at the Hammock Oak Center. Page 2 1611 The Community of Pelican Bay Comes Together By James P. Ward, D/vision Administrator The Pelican Bay Services Division begins another year with a number of goals and objectives for the future and saying "Thank You" to our retiring members, Messrs. .loseph Bawduniak, Thomas Brown and Lou Vlasho and welcoming our new members Messrs. 3ohn Iaizzo, David Nordhoff and Donald Span/er. With another Fiscal Year nearly behind us, we are thrilled to report that the Community's Gross Taxable Value grew 18.69% to over $4,200,000,000. Your investment in Pelican Bay has proven to be very productive, and our goal is to continue to provide a superior quality of life, while increasing the values of your property. As the build-out of Pelican Bay has rapidly approached and with the withdrawal of WCI Communities' participation, we have continued to focus on maintaining your property values and improving the essential services, to make sure that the services we provide, and the appearance of our community is never less than spectacular. With all of our optimism, we must however move forward with caution. With the economic slowdown that we all feel, our Community will no doubt feel some effects. As we approach the buildout of Pelican Bay, we must do all we can to protect and preserve our property values, insuring that we have the vision to provide the services and improvements to better our community, for Florida's premier beachfront Community. The Pelican Bay Services Division Board has recently completed the planning of our future by finalizing the Fiscal Year 2004 Budget and success can only be achieved with careful planning. The Pelican Bay Budget is reflecting a slight increase over last year while maintaining adequate reserves for our Community. Reserves are extremely important as unexpected expenses can arise at any time due to emergencies, and we need to be able to provide for those needs without the necessity to levy any Special Assessment. The modest increase in our fees and taxes reflect our Board's conservative fiscal approach to our budget while still providing the requisite services to our residents. The Pelican Bay Services Division provides a means for the residents of Pelican Bay to improve their community, by having your Division responsible for the improvements and maintenance, rather than a private, for-profit company. With our own Community Beautification staff we are able to maintain Pelican Bay in a pristine condition and still maintain its' cost effectiveness to the Community. The value of a Community is often times judged by the quality of its maintenance, and through our active participation we can assure both quality and value. In order to provide funding for the services that we provide to the Community, the Division levies an Ad valorem Tax, (each property owner pays a share based upon the value of their property, and a Special Assessment, (each property pays an equal share of the cost). The Community's Street Lighting and Security Programs are paid for through the Ad valorem Tax and the Water rvlanagement Program, the Community Beautification Program and the Capital Improvement Program are paid for through the Special Assessment, both of which are included on your Property Tax bill, which you receive in early November. I am more excited than ever about our Community. We have accomplished a tremendous amount over the past couple of years, and although our work to improve our community and way of life will never end, our mission has become a reality. The Pelican Bay community is in great shape and doing very well. Our residents have a lot to be happy and thankful for as the future looks very bright. It's the'law .... A small price to pay for a secure feeling;, As Pelican Bay grows our law enforcement resources are continually challenged to maintain the quality of life that we all enjoy in this unique and diverse community. New demands on law enforcement relative to domestic security have forever changed the way we do business. One thing that has not changed, however, is our commitment to keeping Pelican Bay a safe place to live and visit. New crime-fighting strategies, directed patrols, focused enforcement efforts and prevention and intervention programs, together with community cooperation continue to keep crime on the decline. Law enforcement partnerships with neighborhoods, businesses and civic associations are a vital part of our everyday function. Pelican Bay is the beneficiary of the presence and expertise of the Collier County Sheriff's office through the efforts of the Pelican Bay Services Division Board and our residents. Assisting Pelican Bay in maintaining one of the lowest crime rates in Collier County, our deputies are working to ensure that Pelican Bay is an even safer place to live than ever before. Knowing the crime data and patterns of the area, the Team tackles specific problems or issues that arise in a target area, directing their efforts to eradicate the problem or potential concern. Under the supervision of Lt. Rob Bishop, we have five Collier County deputies whose mission is to provide enhanced Sheriff's patrol and non-traditional law enforcement to the neighborhoods in Pelican Bay, 24 hours a day, 365 days a year. For this enhanced service you, as a property owner in Pelican Bay, pay approximately $60.00 per year, per household. Pelican Bay Services Division Board (239) 597-1749 -]ames C. Carroll, Chairman Glen Harrell, Vice Chairman M..]ames Burke -]ohn Domenie .]ohn [aizzo David Nordhoff David Roellig Donald Spanier Edward V. Staros Christopher F. Sutphin George H. Werner Collier County Board of County Commissioners (239) 774-8097 Tom Henning, Chairman Donna Fiala Frank Halas Fred W. Coyle .Jim Coletta Collier County School Board 5775 Osceola Trail, Naples, FL 34109 (239) 254-4005 Linda Abbott, Chairperson Dick ,1. Bruce, Vice Chairman Patricia Carroll Kathleen Curatolo Steven -]. Donovan H. Benjamin IVlarlin, Superintendent Office of The Governor (850) 488-4441 Governor -]eb Bush Capitol, Tallahassee, FL. 32399 United States House of Representatives Fourteenth District (239) 774-8060 Congressman Porter Goss Admin. Bldg., Suite 212 3301 E. Tamiami Trail, Naples, FL 34112 State Senate, District 25 (239) 417-6220 Senator Burt Saunders Admin. Bldg., Suite 304 3301 East Tamiami Trail, Naples, FL 34112 State House of Representatives One Hundred First District (239) 417-6270 State Representative Mike Davis Admin. Bldg., Suite 105 3301 East Tamiami Trail, Naples,, FL 34112 Page 4 Our beach..,our treasure: By/(ara Cave, Staff Biolocjist, Turrell and/Associates, Inc. Naples' beaches are undoubtedly a great treasure to both residents and tourists. Unfortunately, all too often the sand itself seems to be only a passing tourist - only stopping on the shore for a visit before continuing its journey elsewhere. Natural events such as wind, wave action and storms cause a constant shifting of the beach and dune profile, sometimes altering it dramatically. This type of situation recently developed along the dune next to the Clam Bay system. Sections of this dune were in need of reinforcement in order to prevent breaches directly into the bay system - which could have negative effects on Clam Pass as well as the ecosystem as a whole. A decision was made that adding volume to the area would help stabilize the dune, with a secondary benefit to the beach as a whole by helping to compensate for natural sand loss. In the fall of 2002, Pelican Bay Services Division and Collier County teamed up to add sand to the areas in need. Construction activities occurred in two sections, one in November and one in December. A total of approximately 11,870 tons of sand was placed along 4,400 linear feet of the beach dune. Construction activities began approximately 3800-3900 feet south of the north beach facility, continuing to 500-600 feet north of the facility. The dune was expanded to an average width of 40 - 45 feet, and the ends were graded into the existing adjacent dune elevations to appear as natural as possible. Once construction was completed, the beach was tilled to make sure that sea turtle nesting would not be affected by the compaction of the sand from the trucks. Later, a 10 foot wide strip of dune was replanted with sea oats to help further stabilize the dune and increase native vegetation in the area. The Clam Bay ecosystem and its' beaches are basically Pelican Bay's "back yard" and it is obvious that many residents care a great deal about its condition. Pelican Bay Services Division with residents' support - has put forth great efforts to restore and maintain the Clam Bay area, and should be commended for the amount of improvement that has been noted. This dune restoration activity was an excellent example of their responsible and proactive efforts to continue their stewardship of the preserve. With careful planning and a watchful eye, Pelican Bay can continue to keep its unique "back yard" healthy and beautiful. IThe never endin9 battle .... our natural environment The Florida Yards & Neighborhoods (FY&N)i Program was developed to~ address serious problems of pollution and disappearing habitats by enlisting homeowners in the battle to i save our natural enwronment. This program provides special educational and outreach activities directed at the community to help residents reduce pollution and enhance environment by improving home landscape management. their and Objectives of the FY&N program are to reduce stormwater runoff decrease non-point source pollution, conserve water, enhance wildlife habitat and create beautiful landscapes. FY&N encourages homeowners to water efficiently, mulch, recycle, select the least toxic pest control measures, put the right plant in the right spot, fertilize only when necessary, provide food, water and shelter for wildlife, protect surface water bodies (i.e., bays, rivers, streams, ponds, etc.) and minimize stormwater runoff. Proper implementation of Florida Yards &. Neighborhoods practices in your yard will protect the natural environment around us for future generations to enjoy. For more information on the Florida Yards and Neighborhoods Program visit their website at Collier. ifas.ufl.edu/ or contact the Collier County University Extension office at (230) 353-4244. Around the Bay .... The restoration of an estuary The Clam Bay system is a series of shallow estuarine lagoons with approximately 500 acres of mangrove forested areas, open shallow water areas, sea grass beds, and dune and beach habitat. Ecological evidence showed that the system had been growing increasingly stressed over time - approximately 40-50 acres of black mangroves had been reported dead or dying since approximately 1989. This die-off, in combination with the sedimentation of Clam Pass, caused enough resident concern that Pelican Bay Services Division (PBSD) decided to pursue permits for efforts to restore the system and maintain the pass. The Clam Bay Restoration and Management Plan, DEP permit #0128643-001--1C and USA- COE permit #199602789 (TP-CC), authorized the dredging of Clam Pass and tidal creeks, and the hand-digging or blasting of cuts within the mangrove forest. The work was designed to increase tidal flushing of the mangrove estuary to restore stressed and dying portions and maintain the long-term viability of the system. Yearly monitoring reports are submitted to the agencies as a part of these permits. Each annual report includes mangrove monitoring plots (Turrell and Associates, Thc. and Lewis Environmental Services, Inc.), water quality reports (WilsonMiller), and bathymetric monitoring of the pass (Humiston and Moore Engineers). The first of these reports began in 2000, with the last set for 2008. Also included in these reports is an overall evaluation of the status of the system with recommendations for future work to continue improvements. In 1999, the pass was dredged and the first of the flushing channels were blasted or dug on the north end of the system, near the main die-off area. One year after initial dredging was completed, Clam Pass remained viable and the recommendation was made that dredging should be scheduled every two years. The smaller, hand-dug channels' function was intended to aid in draining water from Iow-lying parts of the mangrove forest to reduce stress to the trees. Several monitoring plots gave evidence that these channels were serving to help areas of the system recover. Therefore, in 2000, additional channels were added further south throughout the system where field analysis indicated additional drainage was needed, and maintenance of existing channels was performed. Then in 2001, several other work items were undertaken in addition to more channel digging and maintenance. Experimental grass plantings and starter mangrove islands were made within the main die-off area. Also in this area, Bob Riley laid out experimental mangrove plantings, encased in PVC pipe and elevated above flood level. Dredging of the pass was in fact needed just before two years passed, and was performed in December of 2001. Also in 2001, the Pelican Bay Services Division voluntarily decided to take action regarding a large area of cattails within the water management area along the berm. Spraying and hand-pulling of cattails were the first methods of attempting to remove the plants from the area. In 2002, PBSD also tried pumping salt water into the cattail area to kill off the invasive plants. Later that year, an experimental replanting was conducted in a 2.5 acre area that had been essentially cleared of cattails. Due to the hardiness and tenacity of the cattails, regrowth was allowed elsewhere, to be harvested in sections on a regular basis. Other work performed in 2002 included mapping of the existing channels, clearing of the main waterways within the system, exotic removal throughout the system, and continued maintenance of existing channels. The grass plots and starter islands were also monitored, although it appears that both planted and naturally recruited areas are doing equally well. This year (2003), several work items have been funded by PBSD primarily for informational purposes and to serve as tools in evaluating the result of future activities. Humiston and Moore Engineers are conducting hydrographic modeling of the system, and Turrell and Associates has installed 5 water level loggers within the mangroves and has scheduled a hard bottom survey of the offshore habitat seaward of the system. Additional channels are also planned to be dug just south of the Strand in an area observed to be ponding. In addition to the standard annual monitoring report work, PBSD has also put forth additional funding to increase the amount of field time spent observing the mangroves, in hopes of getting even better acquainted with the system and finding new areas of concern before they become larger problems. Our conclusion at this point is that all efforts undertaken to stop and reverse the die-off appear thus far to have been successful. The outlook for 2003 and beyond is optimistic and indications are that substantial portions of the system may be on the road to recovery. I Observin§ Hother Nature's Work .......... The Clam Bay System consists of Clam Pass and three shallow bays and connecting waterways. Within the Clam Bay System is a network of trail markers which begin at the canoe ramp near the Registry Resort and finish in Upper Clam Bay, traveling a distance of approximately three miles. During your canoe venture you will see mangroves, sea grasses, mudflats and visit with birds, wildlife and fish in their natural habitat as you traverse the estuary. Pick up a Canoe Trail Guide at the Foundation offices and enjoy one of nature's most productive marine ecosystems. Canoes are available on a first- come basis at Station #6 from 8:30-9:30 AM and from Noon until 1:00 Pkl daily and weekends, weather permitting. ICon?miffed to ActYievin§ Success and Excellence ...... Mr. 3ames Burke Jim Burke, an owner in Pelican Bay since 1987 and a year round resident since 1998. President of Board, Glencove in Pelican Bay and member of Pelican Bay Services Division Board since 2001 and a member of its' Clam Bay sub-committee. Management and Executive career with Procter & Gamble, Holiday Inn Corp and Promus Hotels. A graduate of LeMoyne College, Syracuse, NY and a member of St William Church, Naples, FL and an active member of The Knights of Columbus. Mr..lames Carroll .lim Carroll has been visiting the Southwest Florida coast for almost 40 years initially spending vacations on Marco Island before buying in Pelican Bay in 1986. Full time residence began in 1988 at the Grosvenor Condominium and continued at the Crescent Condominium since 1994. He is a mechanical engineering graduate and spent the last 15 years of his career as Manager of Corporate Engineering for the Procter and Gamble Co. in Cincinnati, Ohio. Volunteer work has been part of his life serving as Chairman of Cincinnati's Riverfront Advisory Committee for 10 years before shifting his interests to Naples. The Forum Club of Southwest Florida became an early interest and he headed up the Club's High School Student lunch program as a member of the Board. He has been President of the Quail Creek Country Club and served on Condominium Boards for the last 15 years. Most recently he has served on the Pelican Bay Services Division Board for five years being elected Chairman in April of 2003. Jim is married, has three children and seven grand children and continues to enjoy golf, bridge, computers and traveling to see his family. Mr. 3ohn Domenie John Domenie was born in Brazil of Dutch parents. The family moved to the United States in 1944 where John obtained a B.A. in History from Harvard University. He served in the U.S. Army Intelligence during the Korean conflict; is married to Maida Garabedian and they have three children and seven grandchildren. The Domenie's have been year- round residents in Pelican Bay since 1987. His business experience has been in the international area, both in corporations (Assistant Treasurer at an ARCO subsidiary overseas) as well as Banking (First Vice-President at Bayerische Hypotheken-und-Wechsel Bank, New York). Besides his work with the Services Division he is also on the Board of the Mangrove Action Group, Community Response Team, Property Owners Association of North Collier County, Armenian-American Cultural Society, Breakwater Condominium Association, and serves as Auditor to St. Mary's Armenian Apostolic Church. Mr. Glen Harrell Glen D. Harrell was appointed General Manager of Southwest Florida's most popular shopping destination, Waterside Shops at Pelican Bay in Naples, Florida, in March of 1992. He has been with the project since its construction phase and has helped guide it through its grand opening to its present prosperity. Harrell's shopping career began in Tampa as General Manager of Old Hyde Park Village in Tampa, where he developed a shopping center of specialty retail tenants. Before joining Waterside Shops, Harrell was Vice President and General Manager of Retail Development for the Bay Plaza Companies in St. Petersburg. Harrell received his Bachelor of Arts in Mass Communication at the University of South Florida. He continued his education at the Michigan State University International Council of Shopping Centers (ICSC) Marketing and Management Institute. Harrell holds certification as a SCSM (Senior Certified Shopping Center Manager), SCMD (Senior Certified Marketing Director) and CLS (Certified Leasing Specialist) from ICSC. He is one of only about a dozen people internationally with the distinction of triple certification. Mr..lohn laizzo John has been a full time resident of Pelican Bay since October 1995. During the course of his career, he received his BA and MA in Computer Science in 1978 & 1982 respectively, attending evening classes at Queens College, New York City. The major part of his work career started when he joined the Grumman Corporation in Bethpage, Long Island, NY, in 1965. His 30 years employment covered a multitude of engineering assignments. His most significant and memorable assignment was during NASA's commitment to place the first astronaut on the Moon. His assignment as team leader was to produce a System Integration test document for the first Lunar Module (Apollo 13) landing, prior to shipment to Cape Kennedy. The test procedures and integration effort entailed the coordination of all the subsystem engineers who provided their expertise which helped him to synthesize and cover all phases of a full Manned Lunar Mission and return simulation. He received recognition for his role in this engineering feat. John is married and has three daughters and four grandsons. Since his retirement, John has formed a strong sense of community necessities and owner priorities through various organizations that he and his wife, Eileen, belong to here in Naples and Pelican Bay. As a Pelican Bay resident, John is a member of the following activities: Year-Rounders, Pelican Bay Women's League Think Tank, and Round Robin tennis player. note: NASA - National Aeronautics & Space Administration Mr. David Nordhoff David Nordhoff grew up in Dayton, Ohio and attended the University of Cincinnati receiving BS and MBA degrees. He spent 30 years in advertising sales and management with several magazines including Business Week and Forbes, retiring in 1993. Dave and his wife, Lynne, moved to Naples from Chicago and both became involved in community activities along with boating and tennis. Most recently, Dave was Commodore of the Naples Sailing & Yacht Club. Dave has three grown children and three grandchildren. Mr. David Roellig David Roellig has a BS in Geology from Wayne State University and is a Professional Geologist. His civilian career with the U.S. Army Corps of Engineers covered over 28 years including service in the Detroit District, North Central Division, Chicago, Illinois. He retired in 1994 from the Headquarters, Corps of Engineers, Washington DC. His major work for the Corps. Included coastal erosion; navigation and geology related Research and Development and training programs and providing consultation and guidance in the fields of engineering geology and coastal engineering. In addition to serving on the Pelican Bay Services Division Board, he serves as Vice Chairman of the Collier County Coastal Advisory Committee. David is a member of the Association of Engineering Geologist and the Florida Shore and Beach Association. He has been employed by Ritz-Carlton since the company's founding in 1983. As part of the founding team of The Ritz- Carlton Hotel Company, L.L.C., Mr. Staros was the second employee of the company and instrumental in creating the gold standards including the mission, the Credo and the Basics. The gold standards are the foundation, which separates The Ritz-Carlton from all other hotel companies. Past positions at Ritz-Carlton include corporate director of rooms, general manger of The Ritz-Carlton Atlanta (Downtown), and general manager of The Ritz-Carlton Buckhead when he was promoted in August of 1988 as the first regional vice president in the company. Mr. Staros held that position until .lanuary of 1993 when he was promoted to vice president of operations. rvlr. Staros was formerly with the Hyatt Hotels Corporation where he worked from 1972 until he joined The Ritz-Carlton Hotel Company, L.L.C. in 1983. He was one of Atlanta's most active community leaders, spearheading an awareness and fundraising campaign for the Walden Preschool, part of the Emory Autism Center, which provides early treatment for children with autism, supports research programs and ensures scholarships for children from disadvantaged families. He also served on the board of directors for the Northside Foundation and the Atlanta Convention & Visitors Bureau. A native of Florida, Mr. Staros holds a degree in Hotel and Restaurant Administration from Florida State University. He is married with two children and resides in Naples. As managing director of The Ritz-Carlton Resorts of Naples, Mr. Staros is responsible for overseeing the synergy between The Ritz-Carlton, Naples, and The Ritz-Carlton Golf Resort, Naples, located only three miles inland from the beach resort. Mr. Donald Spanier Donald Spanier was educated as an engineer and administrator, having received his degrees from the Massachusetts Tnstitute of Technology in Cambridge Massachusetts. After service in the U.S. Army Air Force during World War IT he pursued his career as an industrial engineer, management and public administration consultant and business executive. He was the chief executive officer of the Harmon Kardon Electronics Company, the Polaroid Photographic Equipment Company and others in the United States and abroad. As a consultant he advised many counties, cities, states and departments of the federal governments on the delivery and management of municipal and other public services. He and his wife Renee now reside year-round in Pelican Bay and are participants in many community activities. Mr. Edward V. Staros Mr. Staros was appointed vice president and managing director of the Mobil Five Star, AAA Five Diamond Ritz-Carlton, Naples in October 1999. Mr. Staros came to Naples from the company's headquarters where he served as vice president of operations since 1992. Mr. Christopher Sutphin Christopher Sutphin has been a year round resident of Pelican Bay since February 2000 and has served on the Pelican Bay Services Division Board since 2001. He is a native of Whitestone, NY. After graduating from the University of Tdaho and completing 3 years of service in the US Navy he spent over 30 years in the electronics industry. He retired from General Tnstrument Corporation in 1991 as President, Power Semiconductors. He is a licensed mortgage broker and real estate sales person and devotes part of his time to activities in these areas. Mr. George Werner George Werner, married to Louise, 2 daughters, 2 grandchildren. Has lived in Pelican Bay since 1988 and has been on the Pelican Bay Services Division Board since :L993. He has B.S. in Administration and Management from La Roche College, Pittsburgh, PA. And is employed as an Investment Advisory with Werner Financial, Inc., Naples, FL. Page 8 Legend CLAM BAY BEACH HABITAT Legend CLAM BAY ESTUARY A walk on the wild side...gettin9 back to nature By/Ora Cave, Sta~ B/o/o~7/$t~ Turre// and A~o¢iates, Inc. Turrell and Associates, Inc. has been working with Pelican Bay Services Division for several years as head of the Clam Bay restoration team. Throughout our involvement in the restoration efforts, it has been apparent that there is a great deal of public interest in the ecosystem as a whole. The Pelican Bay Services Division staff recently stated that they were looking to place new educational signage along the boardwalks. The main idea was to provide a representation of wildlife species commonly found in Clam Bay. We had previously retained the services of local artists commissioned to create paintings of different ecosystems found in southwest Florida. Two of these signs representing beach and estuarine communities were selected by the PBSD Board and we are now working on the final production of five signs, to be placed near the tram stations along the boardwalks. The "estuary" scene will be placed along the berm at the north tram station, on the north side of the Commons, and at the Sandpiper tram station. The "beach" scene will be placed at the two beach access points. The scenes show many species of wildlife within each habitat, and each animal is coded with a number corresponding to a key which lists common and scientific names. The sign displays will be approximately 3 feet by 4 feet, elevated on posts to an easy viewing level. The artwork will be set behind glass and framed with Ipe ("e-pay'j, an attractive exotic hardwood with a high resistance to sun and weather damage. The Ipe is obtained from finally a reality......... a certified forestry service, which means that the supplier participates in a sustainable harvest program. This newly established program is based on concepts from studies by such groups as the World Wildlife Fund that indicate that sustainable forestry practices can help maintain or even restore the health and integrity of forest ecosystems. We hope that these signs provide an enjoyable and informative resource for the residents of Pelican Bay. Our Field Guide to Pelican Bay is enclosed and will provide you with an enjoyable reading experience of the natural beauty and habitat we have in Pelican Bay. Due to the budgetary constraints of Collier County during Fiscal Year 2003, the Pelican Bay Services Division agreed to fund the capital requirements of $257,000 for the landscaping beautification along the U.S. 41 medians from Gulf Park Drive to Vanderbilt Beach Road, provided the County would continue to maintain the area into the future. With a $75,000 contribution from WCI Communities, this project is now underway and completion is anticipated by October. This final Phase will now complete the median landscaping along all of U.S. 41 from Seagate Drive, north to Vanderbilt Beach Road and completes the entire section of U.S. 41 fronting Pelican Bay. Phase I from Pine Ridge Road to Gulf Park Drive was funded through an agreement with Collier County where Pelican Bay funded 50% of the $437,000 construction costs and Collier County funded the remaining costs. WC! Communities also contributed $75,000 towards the construction on Phase I. This landscaping, combined with the U.S. 41 Berm Landscaping Program, makes for a very pleasant drive along U.S. 41. We are all happy to have that construction behind us and thank you for your patience and understanding during this period. Improvements are usually greeted with anticipation and desire, until the work actually begins, and then comes the impatience and doubt, and when completed it's soon forgotten and part of our everyday life. Page 10 "$ervin9 Collier County with pride" I~IISSION STATEMENT The duty of the Collier County Sheriff*s Office is to preserve And protect the/ives, property and constitutional Guarantees o/ali persons" services rovide In 2002, the Collier County Sheriff's Office in conjunction with Southwest Florida Crimestoppers began a new program to assist in capturing wanted fugitives. Once a month a bulletin is placed in the local newspaper featuring twenty-five (25) of Collier County's wanted fugitives. This has generated a large number of calls from the public resulting in arrests. The Sheriff's Office continues to work with "Crimestoppers" utilizing their "reward" program where citizens can remain anonymous and receive cash rewards if their tips lead to the arrest of a fugitive. [f you have information that might/ead to the arrest of a fugitive ca// Crimestoppers toll free at 1-800-780-TXP$. [Special Services Bureau Auxiliary: The Auxiliary Unit consists of reserve Deputies who serve the community as uniformed volunteers. Spouse Academy: The Sheriff's Office Spouse Academy is offered throughout the year. This academy is offered to spouses of Sheriff's Office employees. Burglary Suppression Project In 2002 the Community Oriented Policing Service (COPS) Deputies started a program to assist with the suppression of burglaries. Two Kawasaki KLR 250 bikes along with equipment, helmets and driver training was made possible by grant funding. These bikes are street legal and off-road ready. They will be utilized for remote sites where patrol vehicles are not able to access. Patrolling by motorcycles helps to combat burglaries as well as other crimes by allowing Deputies to access roads from multiple directions therefore decreasing response time and adding the element of surprise. Since the implementation of this program COPS Deputies have used the motorcycles to recover stolen vehicles, fight burglaries in remote areas, respond to burglar alarms, provide extra patrol on streets that are usually hard to reach by patrol vehicles and investigated illegal dumping grounds. IPennies to Protect Police Dogs Pennies to Protect Police Dogs is a not-for-profit charity that began in March 2000 by then 10 year old Stacy Hillman. Her goal is to buy bulletproof and stab resistant vests for all police dogs. Each point Blank Level IIA bulletproof and stab resistant vest cost $600. In March 2002, the Collier County Sheriff's Office was notified that Pennies to Protect Police Dogs would be providing vests to four of our eight canines. In April 2002, the Sheriff's Office began raising money for additional vests. Enough money was raised to outfit the remaining four Sheriff's Office canines, one canine for the Marco Island Police Department and one canine for the Naples Police and Emergency Services. On April 24, Sheriff Hunter presented Stacey Hillman with more than $5,000 for her charity. Since Harch 2000, Stacy's charity program has raised over $200,000 to provide 233 vests to 81 law enforcement agencies in 13 states. Alon9 the trail.....,.. Page 11 During Fiscal Year 2003 the Pelican Bay Services Division Board chose to undertake an irrigation and landscape program on the berm adjacent to the west side of U.S. 41. After extensive removal of exotics along this section of roadway, irrigation and new landscaping was installed. The exotics greatly exceeded what were expected, but the new landscaping, afforded time, will provide the same screening as was there prior to the start of the new program. The landscaping palette that has been installed was designed by the Landscape Architect who is responsible for all of Pelican Bay and has been designed to be I AIong the Boulevards.... more consistent with the landscaping palette throughout all of the median and roadway landscaping within Pelican Bay. In the spring of 2001 Pelican Bay Services began the implementation of the landscape and irrigation improvement program. To date, improvements have been completed on Pelican Bay Boulevard, the U.S. 41 Berm and improvements are scheduled to begin this summer on Gulf Park Drive. Included in these improvements was the replacement of the old irrigation system with a new computerized central control system. Parameters considered for the new system included a design that incorporated water conservation characteristics, efficient control of the sixty plus irrigation controllers and provide consistent irrigation coverage throughout the year, including the peak demand periods when Iow pressures are experienced in the Community. Pelican Bay Services maintains landscaping that consists of medians, community entrances, single-family cul- de-sacs and Foundation facilities that are spread throughout the Community. This new computerized central control system, utilized for the new irrigation system, allows changes to be performed to the satellite controllers throughout the Community from the main central computer via telephone and radio communication. This computerized system will also automatically adjust water run times based upon the wind, humidity and rainfall information provided from the systems weather station. In addition, this system provides feedback of data that provides information to the service technician about previous run cycles and any problems that may have occurred, such as the computer shutting off a zone or controller because of excessive flow conditions. This system provides the control efficiency required as well as the water conserving factors. When the original irrigation system was installed by the developer, the high water pressure provided by the utility at that time, allowed for large zones with maximum spacing between heads. As the demands on the utilities system have increased over the years and the fact that the irrigation system is supplied with reuse water with varying supply, operating pressures from the utility system have been reduced. These reduced pressures have caused pressure problems with the irrigation system especially during the peak demand periods usually encountered during the drier times of the year. By utilizing smaller zones and reduced head spacing this new irrigation system was designed to operate effectively even with reduced water pressures. With the different watering requirements of various landscaping materials, the centralized control system has the ability to control small individual zones from each single satellite at various locations and adjust the watering times and number of days according to the specific landscaping irrigation requirements. As the improvement program to the irrigation system is completed and all features of the computerized central control system are implemented, this new system will meet the original design parameters for conserving the amount of irrigation water utilized while providing beneficial environmental impacts to the Clam Bay Estuary System. Other benefits include the reduction of the irrigation water budgetary requirements while improving the systems reliability to provide efficient irrigation water to the Communities landscape throughout the year. Page 12 611 Pelican Bay Services Division i~li~ion Statement Preserve and enhance landowner value and resident quality of life by promptly and efficiently providing services which answer the needs of the community within Pelican Bay. llle VJsJon For Pelican B~y The Pelican Bay Foun#a~on Pelican Bay is Florida's premier, mixed-use, beachfront community. It promotes the enjoyment, health, safety and general welfare of its property owners, residents, guests, employers and employees through cooperative governance of the community and cooperative management of its common elements. Community Contacts ALL EMERGENCIES 911 Sheriff (Non-emergency) 774-4434 NORTH NAPLES FIRE DEPT. 597-3222 Comcast Cable TV Deed Restrictions Florida Power & Light Foundation Garbage Collection Questions Hammock Oak Center Pelican Bay Services Division Property Appraiser Sprint Telephone Streetlights Water Problems Tax Collector Your County Commissioner 793-3577 597-8081 262-1322 597-8081 403-2367 597-8877 597-1749 774-8141 1-800-339-1811 597-1749 775-2007 774-8500 774-8097 '3 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA October 1, 2003 3:30 p.m. IV. V. VI. Approval of Agenda Approval of Minutes - September 3, 2003 Meeting Staff Announcements A. Development Services Division Update B. Transportation Division Update C. Public Utilities Division Update Old Business New Business Subcommittee Reports A. Land Development Regulation (Bob Duane) B. Operations and Budget (Dino Longo) C. Utility Code (Justin Martin) D. Ad Hoc Committee on Fees VII. Committee Member Comments VIII. Adjourn 1611 MINUTES 1611 September 3, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, September 3, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "E" in the Collier County Development Services Center, Naples, Florida, with the following members present: ALSO PRESENT: Peter VanArsdale Charles Abbott Dalas Disney Robert Duane - Absent Marco Espinar Blair Foley Brian Jones - Absent Dino Longo Robert Mulhere Justin Martin Thomas Masters Brian Milk - Absent Thomas Peek Herbert Savage Amy Patterson - CDES Garrett Mullee - CDES Phil Tindall - Transportation Roger Kastel - WW Reuse Patrick White - Assistant County Attorney Joe Schmitt - Community Dev. & Environmental Services Russell Webb - Planning Page 1 September 3, 2003 Chairman Peter YanArsdale called the meeting to order at 3:35 PM. Approval of Agenda - a revised Agenda was handed out. Mr. VanArsdale has a letter to pass out under "Old Business". Tom Peek moved to approve the Agenda. Dino Longo Seconded. Carried unanimously 8-0. II. Approval of Minutes - August 6, 2003. Tom Peek mentioned there are duplicate pages of the minutes in their packet and the format used for the Sub- Committee was rather confusing. Joe Schmitt informed the Committee that Aha has taken a different position and Sue Rossi along with a temp is helping in the office. Connie is trying to keep things together until they get staffed. Tom Peek moved to approve the minutes. Seconded by Herb Savage. Carried unanimously 9-0. III. Staff Announcements: A. Development Services Division Update - Joe Schmitt - informed the committee Margaret Wucrstle has tendered her resignation and has not appointed a new Planning Service Director at this time. Stan, Susan and Randy will report directly to him until he knows what exactly he is going to do. As to fees, he will give updates to the Committee when they have the business system purchase. There will be impacts for about six months and will try to shorten the fielding time and process mapping. Be Transportation Division Update - Phil Tindall reported they are working on check book concurrency. Stan reported they will have the draft of the LDC filed next week. Joe Schmitt said the Comp Plan Amendment goes to the Board of County Commissioners - the 1 vs. 3 years. They are supporting the 1 year as it is supported by the BCC. The Comp Plan will come back in October and then December and January when the 3rd cycle of the LDC goes to the BCC. The Comp Plan Amendment has gone to the Board 6 weeks ago and to DCA for transmittal and will go for adoption in November. Peter VanArsdale was wondering if the Committee should take a stand on the Comp Plan Amendment. Bob Mulhere mentioned in reality it is a political issue. The Board voted 3-2 - for adoption it needs a super majority vote. The approval by the Board for rezoning will not take place unless staff can validate the issuance of a local development order of one year the improvements will be in place. The local development order will either be a Site Development Plan or Final Plat. The improvements need to be already started in Transportation. Stan talked about the "Real Time" declining balance ledger. (The 1 vs. 3 year) Discussion pursued about what roads are deficient under the different cycles and Transportation Concurrency Management concepts. Page 2 September 3, 2003 IV. Dino Longo asked about where the accountability is. He wonders if it actually happens. Joe answered if Staff and Board approve it, they are basically given assurance the project will be constructed within the twelve months. He also mentioned the only way the LDC would be changed is to go back and change the Comp Plan. Dino was still concerned about the accountability, and a developer spending millions of dollars and then wondering if it will really happen or not. Stan noted the Certificates are still issued for three years. So if the road is not built on schedule, and the developer is holding a certificate, they will not be stopped on going forward. Dalas Disney felt the Chairman should write a letter to the Board of County Commissioners on how important it is to have the three year vs. the 1 year. But a legitimate rationale of why should be stated and not be self-serving. The issue is that it would result in less than a negative impact and fewer consequences to the industry that is already suffering. The perception from the Public is different than what the issue really is. It is a lack of understanding from the Public regarding the SDP or final plat and when the project is actually finished. That is why the Board is looking at the 12 months. David Ellis, CBI - has had discussion with staff and DCA and they are alarmed at the information received and concerned about the one year scenario. There may still be some shifting and compromising and definitely some concerns. He will provide the Committee with information he has gathered. (Maps etc.) It is confusing and political at this time. It was noted the Commissioners that voted against were Commissioners Henning and Colctta. They want to go with the longer timeframe. C. Public Utilities Division Update - None Old Business: Update on FEMA - Joe Schmitt reported they have had a conference call with FEMA and have gotten a 6 month extension. He is asking the Board for a Budget Amendment for $47,000 that will pay for more data and a company to come out a validate sites and verification of maps. (2D Study) They have to go back to the Contractor and have them certify it to The Federal Standards to the specifications FEMA requires. The LightR data is missing and needs to be certified, Marco asked about the current vacant DEP position and funding. Joe Schmitt said it has gone nowhere with no action. Page 3 .q pt ember 3, 2003 New Business: A. Indexing of Road Impact Fees - Amy Patterson gave a visual presentation on the indexing of the Roads Impact Fees Annual Mid-Year. (Enclosed in packet) - Gave Requirements for the indexing establish by Ordinance 2002-66 which was adopted by the BCC on December 3, 2002. - Timeline was given for Implementation - Resolution presented to BCC on September 9, 2003. - Staff is recommending a delayed effective date of October 1, 2003. - Examples were shown of Proposed Road Impact Fees for Single Family, Office, Retail and Industrial. Mid year Indexing - every three years - they will do a full impact fee Study and this is an Annual Study. Every October 1 st an adjustment will be made. An update and accumulative fees will be put in the Committees next packet. Dalas Disney asked where they stood in the state as far as ranking in impact fees - the answer is "highest" - he said now they are going to go up again 9.4% average. He stated he is not too thrilled and if the elected officials had any backbone at all, they would adjust the ad Valorem taxes to take the burden off. Amy gave the 7 areas of impact updates, (Correctional Facilities and Law Enforcement, the Schools, Emergency Medical Services, Library and Government Buildings) Dino Longo wondered what standards they are using in the County. His concerns are the landscaping of medians which have been ripped out several times along Davis and Pine Ridge - are they designing the roads with certain criteria. What design is utilized to calculate construction per lane mile? There is past history of road data. When a fee goes up Amy will report to the Committee. LDC 2aa Cycle Amendments - Russell Webb - reported that 2.2.16.2.1. Change was: Adding four uses to the industrial district section. 2.4.4.2. Change was: Clearly state that palms may be substituted for up to 30% of entire parking lot plantings and Type D right-of-way buffers. Bob Mulhere moved to recommend approval of the changes to the two LDC Amendments as presented. Tom Peek Second. Carried unanimously 11-0. The date for the next LDC Sub-Committee is September 17th at 2:00 PM. Page 4 Discussion followed on the cycles, timing and number of cycles. C. Review of Proposed Changes to CDES fees - Joe Schmitt passed out two handouts for his presentation. (Enclosed) A slide presentation was given. The cost of doing business: - Department Revenue and Expenses and Funds 113 and 131. - Each will be free standing. - Re-Slicing Fee Revenue Pie - How Individual Fees are computed - Proposed Fee Schedule Changes - Future Events & Commitments The other hand-out: Fiscal Year 2004 Community Development & Environmental Services Proposed Fee Changes. (Enclosed) Will adjust fees if necessary yearly or sooner if needed. He is committed to earn only the Revenues that are needed to operate. If the fees do not get approved, he has two options, one is to get General Fund money from Board or cut staff. Some of the projections were discussed. Joe stated they need to look at the PUD Amendment process again. Dalas Disney didn't feel any of the figures presented correlated with what was talked about in Sub-Committee. Appropriations were overstated and the revenues were understated, he could not figure out any of the numbers and was quite concerned. Herb Savage would like to pass the report and give it 6 months or a year review on this format. After a lengthy discussion Dino decided to give his Subcommittee Report on Operations and Budget: Issues in Efficiency and Accountability Interest - line item in Budget What are we getting? Government is inefficient Get an "efficient" operating system Funds are separated Is it fair and equitable? Board requirements of staff time. (Now separated out) - This time next year- accountability - Standards set - After new Computer System better tracking - More efficient at what they do. Page 5 September 3, 2003 - Shifted dollars Joe is looking to the Committee to help evaluate some of the processes. Some changes are being made already. Bob Mulhere reviewed and questioned different categories in the report of the proposed fee changes. Joe mentioned the two committees - The Productivity Committee and the Revenue Committees are two different Committees. Some of the same people are on them, but they are different. The Subcommittee will meet on Wed., September 10th at 3:00, and Dino is asking for questions from the Committee. Bob Mulhere left at 5:30 PM. Dino Longo moved to approve the Proposed Fee Changes subject to the Subcommittee approval on any issues or conditions raised by the Subcommittee. Seconded Dalas Disney. Carried unanimously 10-0. Tom Masters & Blair Foley left at 5:32 PM. VI. Subcommittee Reports: A. Land Development Regulation (Bob Duane) - Marco reported the LDC Cycle 3 Subcommittee meeting will be September 17th, 2:00 PM. B. Operations and Budget (Dino Longo) - given above C. Utility Code (Justin Martin) - Continued next month. D. Letter from Chairman VanArsdale - handed out letter for the Board of County Commissioners concerning getting their interest money returned. Patrick White waxited to clarify whose money it really is after it is turned over to the County. VII. Committee Member Comments - None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:36 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter VanArsdale Page 6 COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 · Fax (239) 597-4502 NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on Thursday, September 4, 2003 at 5:05 P.M., The Collier County Government Center, 3301 East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons to the adoption of the Preliminary Assessment Roll (Non-ad valorem Assessment Roll) allocating the assessable costs including Capital Reserve Funds for ambient noise management, the maintenance of conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West fight-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West fight-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit I as C recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. A copy of the Preliminary Assessment Roll (Non-ad valorem Assessment Roll) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public. All affected property owners have a right to appear and be heard at the public hearing and to file written objections to the adoption of a resolution approving the Preliminary Assessment Roll (Non-ad valorem Assessment Roll) with the Board within 20 days of this notice based upon the grounds that it contains items which can not be properly assessed against property, that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution, or the Preliminary Assessment (Non-ad valorem Assessment) is void or voidable in whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the Preliminary Assessment (Non-ad valorem Assessment) as indicated on such roll, either by confirming the Preliminary Assessment (Non-ad valorem Assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. The Board will levy a Special Assessment (Non-ad valorem Assessment) for operations and maintenance of the water management system and the beautification of the recreational areas 2 and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification of recreational facilities, and median areas, and maintenance of conservation or preserve areas is $2,337,400.00 which equates to $301.05 per Equivalent Residential Unit based on 7764.19 assessable units. The Board will levy a Special Assessment (Non-ad valorem Assessment) for the establishment of Capital Reserve Funds for ambient noise management, the maintenance and restoration of the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, utilizing an Equivalent Residential Unit based methodology. The total assessment for these Capital Reserve Funds is $188,600.00 which equates to $24.29 per Equivalent Residential Unit based on 7764.19 assessable units. The Special Assessment (Non-ad valorem Assessment) will be collected by the Collier County Tax Collector on the owner's Ad valorem Tax Bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the Special Assessment (Non-ad valorem Assessment) and your property taxes will cause a tax certificate to be sold against the property, which may result in a loss of title to the property. 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 to be based. BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) - PELICAN BAY GULF' OF' MEXtCO L££ CO -IMMOKAL[.r ROAO (C.R. 846) 0 (C.R, 896) ~ NAPL~'S COLLIER CO --IMUOKAL~'='. ROAD COLOEN GATE C~TY ~AKE HAM'I~.K ROADI BUILDING S TA TIS TICS ~ ~n -~ o ~ ~ ~ o ~ ~ -~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ICl, 0 fi) 0 0 o o o ~o o o BUILDING PERMITS ISSUED BUILDING PERMIT DATA BUILDING REVIEW AND PERMITTING DEPARTMENT 1999-2003 October November December January February March April May July August I ~l~ber 2002/2003 2,230 2,134 1,984 2,451 2,398 2,543 3,122 2,486 2,372 2,388 2,162 YTD 2,239 4,373 6,357 8,808 11,206 13,749 16,871 19,357 .21,729 24,117 26,279 2001/2002 2,451 2,173 2,020 2,483 2,390 2,42c~ 2,373 2,204 2,179 1,893 27,171 YTD 2,451 4,624 6,644 9,127 11,517 13,863 16,093 18,522 20,895 23,099 25,278 27,171 2000/2001 2,082 1,922 1,701 2,115 2,140 2,334 2,257 2,606 2,149 2,247 2,309 1,875 25,737 YTD 2,082 4,004 5,705 7,820 9,960 12,294 14,551 17,157 19,306 21,553 23,862 25,737 1999/2000 1,775 2,295 1,778 2,122 2,092 2,614 2,064 2,452 2,319 2,363 2,335 2,057 26,266 YTD 1,775 4,070 5,848 7,970 10,062 12,676 14,740 17,192 19,511 21,874 24,209 26,266 :ONSTRUCTION VALUE ~ctober November December January February March April May lune July August September TOTAL 2002/2003 82,055,392 67,289,152 97,105,707 91,650,932 98,198,748 169,358,980 153,360,533 109,821,808 100,817,130 116,431,733 88,897,069 YTD 82,055,392 149,344,544 246,450,251 338,101,18~: 436,299,931 605,658,91 759,019,444 868,841,252 969,658,382 1,086,090,115 1,174,987,184 2001/2002 80,849,345 143,771,205 97,181,568 119,521,405 102,499,732 89,809,193 87,950,957 98,606,106 99,025,051 102,518,761 87,155,129 58,721,290 1,167,609,742 YTD 80,849,345 224,620,55C 321,802,118 441,323,523 543,823,255 633,632,448 721,583,405 820,189,511 919,214,562 1,021,733,323 1,108,888,452 1,167, 609,742 2000/2001 95,725,51( 88,844,17C 68,804,084 74,814,53~ 75,496,407 105,895,49( 109,964,88~ 109,982,55( 89,586,438 136,553,694 110,260,06E 97,987,227 1,163,915,072 YTD 95,725,516 184,569,686 253,373,770 328,188,303 403,684,710 509,580,206 619,545,091 729,527,64~ 819,114,08E 955,667,77.c 1,065,927,84." 1,163,915,07; 1999/2000 78,212,874 141,563,90~ 75,240,581 125,802,824 75,992,73E 123,376,46S 77,163,008 77,295,734 103,410,35£ 77,973,033 174,879,657 117,472,043 1,248,383,219 YTD 78,212,874 219,776,782 295,017,363 420,820,187 496,812,925 620,189,394 697,352,402 774,648,136 878,058,486 956,031,519 1,130,911,176 1,248,383,21.~ PERMIT REVENUE October November December January February March April May June July August September TOTAL 2002/2003 691,81E 521,52£ 617,77E 551,021 699,844 717,652 721,19E 666,497 598,924 658,85E 641,304 YTD 691,818 1,213,338 1,831,116 2,382,137 3,081,981 3,799,633 4,520,828 5,187,325 5,786,249 6,445,107 7,086,411 2001/2002 560,593 825,402 813,847 779,220 691,324 676,138 602,186 743,180 776,435 706,022 683,181 507,358 8,364,886 YTD 560,593 1,385,995 2,199,842 2,979,062 3,670,386 4,346,524 4,948,710 5,691,890 6,468,325 7,174,347 7,857,528 8,364,886 2000/2001 578,350 540,862 429,113 511,309 538,257 661,280 716,493 736,980 557,838 791,813 772,747 615,958 7,451,000 YTD 578,35(3 1,119,212 1,548,325 2,059,634 2,597,891 3,259,171 3,975,664 4,712,644 5,270,482 6,062,295 6,835,042 7,451,000 1999/2000 446,776 716,031 471,245 707,235 460,930 854,740 485,520 488,257 619,923 487,145 837,209 656,458 7,231,469 YTD 446,77~ 1,162, 807 1,634,052 2,341,287 2,802,217 3,656,957 4,142,477 4,630,734 5,250,657 5,737,802 6,575,011 7,231,469 Page 1 Prepared by Judy Puig, 9/22/2003 02/2003 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 6,828 4,716 3,803 15,347 15,347 November 5,443 4,419 3,435 13,297 28,644 December 5,480 3,973 3,235 12,688 41,332 January 5,765 4,1341 3,449 13,348 54,680 February 5,535 3,906 3,326 12,767 67,447 March 5,730 4,065 3,424 13,219 80,666 April 5,771 4,013 3,719 13,503 94,169 May 5,457 3,869 3,747 13,073 107,242 June 5,934 3,883 3,882 13,699 120,941 July 6,033 3,864 4,079 13,976 134,917 August 5,475 3,588 3,624 12,687 147,604 September TOTAL 01/2002 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 6,799 4,193 3,802 14,794 14,794 November 6,101 4,158 3,672 13,931 28,725 December 5,433 3,550 3,304 12,287 41,012 January 5,874 4,042 3,764 13,680 54,692 February 5,576 3,922 3,286 12,784 67,476 March 6,277 4,373 3,696 14,346 81,822 April 6,329 4,147 3,658 14,134 95,956 May 6,345 4,139 3,433 13,917 109,873 June 5,588 3,966 3,054 12,608 122,481 July 6,230 4,159 3,185 13,574 136,055 August ~ 6,227 4,327 3,440 13,994 150,049 September 5,538 3,728 3,147 12,413 162,462 TOTAL 72,317= 48,704 41,441 162,462 00/2001 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 5,975 3,664 3,787 13,426 13,426 November 5,696 3,661 3,603 12,960 26,386 December 5,261 3,460 3,270 11,991 38,377 January 5,897 3,843 3,683 13,423 51,800 February 5,325 3,586 3,388 12,299 64,099 March 5,870 4,016 3,730 13,616 77,715 April 5,362 3,613 3,234 12,209 89,924 May 6,033 4,054 3,694 13,781 103,705 June 5,720 3,748i 3,386 12,854 116,559 July 5,440 3,257 3,185 11,882 128,441 August 6,440 4,079 3,725 14,244 142,685 September 5,072 3,146 3,056 11,274 153,959 TOTAL 68,091 44,127 41,741 153,9591 Page I BUILDING INSPECTIONS 99~2000 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 4,936 3,224 3,085 11,245 11,245 November 5,1 93 3,437 3,441 12,071 23,316 December 5,217 3,586 3,458 12,261 35,577 January 5,249 3,386 2,991 11,626 47,203 February 5,946 3,530 3,538 13,014 60,217 March 6,597 4,010 3,752 14,359 74,576 April 5,374 3,285 3,123 11,782 86,358 May 5,953 3,847 3,551 13,351 99,709 June 6,294 3,676 3,415 13,385 113,094 July 5,118 3,337 3,150 11,605 124,699 August 6,073 3,894 3,581 13,548 138,247 September 5,115 3,474 3,174 11,763 150,010 TOTAL 67,065 42,686 40,259 150,900 1998199 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 3,009 2,147 2,914 8,070 8,070 November 4,429 2,609 2,595 9,633 17,703 December 5,565 3,260 3,276 12,101 29,804 January 4,646 2,895 3,175 10,716 40,520 February 4,903 3,178 2,862 10,943 51,463 March 5,586 3,529 3,216 12,331 63,794 April 5,447 3,841 3,146 12,434 76,228 May 4,918 3,062 2,935 10,915 87,143 June 5,084 3,291 3,077 11,452 98,595 July 5,154 2,932 2,544 10,630 109,225 August 5,270 3,529 2,833 11,632 120,857 September 4,927 2,934 2,546 10,407 i 131,264 TOTAL 54,011 34,273 32,573 131,264 1997/98 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 4,369 2,839 2,457 9,665 9,665 November~ 3,504 2,308 2,214 8,026 17,691 December~, 3,996 2,778 2,517 9,291 26,982 January 4,033 2,678 2,391 9,102 36,084 February 4,138 2,743 2,411 9,292 45,376 March 4,583 2,767 2,552 9,902 55,278i April 4,471 2,871 2,745 10,087 65,365~ May 4,029 2,498 2,320 8,847 74,212 June 4,342 2,939 2,693 9,974 84,186 July 4,258 2,757 2,474 9,489 93,675 August 4,935 2,727 2,447 10,109 103,784 September 3,914 2,547 2,305 8,766 112,550 TOTAL 50,572 32,452 29,526 112,550 Page 2 1996/97 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 3,451 2,359 2,234 8,044 8,044 November 2,978 2,258 2,008 7,244 15,288 December 3,257 2,358 2,003 7,618 22,906 January 3,472 2,531 2,364 8,367 31,273 February 3,320 2,309 2,256 7,885 39,158 March 3,491 2,498 2,222 8,211 47,369 _April 3,101 2,570 2,100 7,771 55,140 May 3,443 2,316 2,092 7,851 62,991 June 3,557 2,336 2,047 7,940 70,931 July 3,610 2,304 2,151 8,065 78,996 August 3,899 2,291 2,148 8,338 87,334 September 3,781 2,358 2,221 8,360 95,694 TOTAL 41,360 28,488 25,846 95,694 i1995/96 STRUCTURAL PLUMB/MECH ELECTRICAL TOTAL YTD October 2,553 1,765 1,495! 5,813 5,813 November 2,355 1,894 ....... 1..,6111 5,860 11,673 December 2,471 1,844 1,473 .5.,.~88 17,461 January 3,383 1,877 1,699 6,959 24,420 February 3,232 1,872 1,762 6,866 31,286 March 3,454 2,329 2,024 7,807 39,093 April 2,912 2,007 2,065 ....... 6.,984 46,077 May 3,042 2,103 1,921 7,066 53,143 June 2,955 1,961 1,882 6,798 59,941 July. 3,247 2,065 2,024 ....................... ~.~.:~.3.6 67,277 AUgust 3,280 2,152 1,996 7,428 74,705 September 2,993 2,060 1,864 6,917i 81,622 TOTAL 35,877 23,929 21,816 81,622 Page 3 AVERAGIZ # OF INSPECTIONS PE~ EMPLOYEE PER DAY 2003~2004 2002/2003 2001/2002 2000/2001 199912000 1998/1999 1997/1998 1996/1997 October 26 26 26 27 28 20 19 November 29 30 28 29 26 23 17 December 26 29 25 28 30 21 21 January 22 28 29 28 29 18 23 February 22 27 28 32 24 20 19 March 21 28 28 33 25 21 19 April 21 25 27 30 23 19 17 May 24 27 26 28 24 21 17 June 24 26 25 28 23 22 19 July 22 26 23 28 22 19 18 August 21 24 27 27 23 24 20 September 25 25 24 25 25 19 TOTAL: 321 317 342 302 213 228 Average: 27 26 29 25 18 19 # of Inspectors for 1996-1997: Structural-8, Plumbing/Mechanical-4, Electrical-4 # of Inspectors for 1998-: Structural-9, Plumbing/Mechanical-5, Electrical-6 # of Inspectors for 1999-: Structural-10, Plumbing/Mechanical-5, Electrical-6 # of Inspectors for 2000-: Structural-10, Plumbing/Mechanical-6, Electrical-7 # of Inspectors for 2001-: Structural- I I I # of Inspectors for 2002-: Structural-12, Plumbing/Mechanical-9, Electrical-8 Projected # of Inspectors for 2003: Structural-15, Plumbing/Mechanical-9, Electrical-10 BUDGET REVENUES Building Review And Permitting PERMIT REVENUE 2003~2004 YTD 2002/2003 YTD 2001/2002 YTD October 691,818 691,818 560,593 560,593 November 521,520 1,213,338 825,402 1,385,995 December 617,778 1,831,116 813,847 2,199,842 January 551,021 2,382,137 779,220 2,979,062 February 699,844 3,081,981 691,324 3,670,386 March 717,652 3,799,633 676,138 4,346,524 April 721,195 4,520,828 602,186 4,948,710 May 666,497 5,187,325 743,180 5,691,890 June 598,924 5,786,249 776,435 6,468,325 July 658,858 6,445,107 706,022 7,174,347 August 641,304 7,086,411 683,181 7,857,528 September 507,358 8,364,886 TOTAL 8,364,886 INSPECTIONS REVENUE 2003/2004 YTD 2002/2003 YTD 2001/2002 YTD October 146,887 146,887 131,596 131,596 November 125,599 272,486 134,910 266,506 December 128,639 401,125 165,595 432,101 January 153,626 554,751 149,730 581,831 February 131,785 686,536 134,710 716,541 March 149,530 836,066 145,353 861,894 April 131,615 967,681 152,765 1,014,659 May 130,500 1,098,181 149,520 1,164,179 June 131,565 1,229,746 144,470 1,308,649 July 138,653 1,368,399 123,165 1,431,814 August 140,812 1,509,211 156,575 1,588,389 September 120,757 1,709,146 TOTAL 1,709,1 46 CONTRACTOR LICENSING REVENUE 200312004 YTD 2002/2003 YTD 2001/2002 YTD October 94,523 94,523 64,191 64,191 November 24,358 118,881 19,639 83,830 December 26,146 145,027 20,442 104,272 January 20,818 165,845 12,467 116,739 February 15,571 181,416 14,732 131,471 March 15,976 197,392 13,242 144,713 April 19,516 216,908 14,315 159,028 May 13,404 230,312 14,472 173,500 June 14,779 245,091 10,139 183,639 July 12,565 257,656 20,884 204,523 Au~lust 101,533 359,189 86,776 291,299 September 94,599 385,898 TOTAL 385,898 9/22/2003 1611 MEMORANpUM DATE: TO: FROM: SUBJECT: September 18, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of August 20, 2003. Please do not hesitate to contact me, or Winona Stone, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - August 20, 2003; 2:00 p.m. Members Present: Joseph Mumaw, James Homer, Jim Gibson, Dexter Groose, and A1 Kozel Members Absent {Excused): Janet Vasey, Jim Ray, Joe Swaja, and Dick Schmidt BCC Liaison: Commissioner Donna Fiala was absent. Staff Present: Tom Wides, Public Utilities Operations Director; Denny Baker, Financial Administration & Housing Director; Amy Patterson, Impact Fee Coordinator; Phil Tindall, Principal Planner; Don Scott, Transportation Planning Director; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB. Also present was Rob French from Malcolm, Pimie. I. Introduction: There being a quorum present, Joe Mumaw called the meeting to order at 2:00 p.m. Joe advised we had received resignations from Steve Price and Mike McCampbell and will need to fill those positions. The July 16, 2003 minutes as presented were unanimously approved. II. Old Business: A. Updated Presentation on Water Meter Sizing and the Impact on User Fees - Tom Wides, Public Utilities Operations Director, distributed a copy of a Comparison Study on various projects showing the total fees under the old method of calculating and new method of calculating, a copy of which is made a part of these minutes. There were approximately 33 new meters installed. Information was obtained on 27 of them in order to complete this study. Tom explained the comparison on several of the projects. Dex raised the question, if after a restaurant is in business for a few months and they find that their usage has been estimated wrong, is there anything they can do to get it changed? Tom advised they could come in and request an alternative impact fee calculation. If they can show a viable engineering method, the County will consider that and adopt that if it makes sense. The County does not have a policy for refunding; nor does the County go back and adjust if they are using more. It was agreed by the Productivity Committee members present that Tom should go ahead with presenting this at the September 9, 2003 Board of County Commissioners meeting. They thanked him for clarifying this issue for them and for doing a good job. B. Presentation on Road Impact Fee Indexing Amy Patterson presented the Road Impact Fees Annual Mid-Year Indexing report, a copy of which is made a part of these minutes. Amy explained that in Appendix A the old rate is for Phase II, the other is the new rate. Phil Tindall explained the calculations for the Right-of-Way and the per lane mile construction cost component, a copy is attached. Page 1 of 4 1611 Dex asked if the figure for design included roadway design for landscaping. Don Scott advised it did not since all roads are not going to be landscaped. Dex asked if all the schools under institutions were only private schools. Amy advised they are, public schools have a statutory exemption and cannot be charged. Joe asked where the agribusiness impact fees are. Amy advised currently there are no rates for ag lands. Joe wanted to know why not. Amy advised if they don't require a vertical construction, we don't have a rate. -->Amy was asked to check on why farms do not have impact fees and report back to the committee. Amy gave an update on the status of the other impact fee studies. A draft of the Correctional Facility Update and Law Enforcement study should be received within the next week or so. This will put that study back on track, timewise. As to the Educational Facilities Study, Amy is still waiting on additional information from the School Board. This will be discussed at the October 2 School Board m~eting. There is also a workshop scheduled with the Board of County Commissioners and the School Board on October 21. Amy advised Fire Protection is moving along. The first round of data has been submitted to the consultants. They are presently working on the second round of data. Amy hopes to present to the Productivity Committee (PC) in October. EMS -just sent notice to proceed with the update study. Amy is hoping to present this in November for PC's review. Library Amy advised the kick-off was this past Monday. She hopes to present to the PC in November. Government Buildings - County Manager has asked for acceleration on this. Hope to present to the Board for adoption in December. It will be presented to the PC in October or November. Don Scott addressed the issues with the new schools needing road impact fees. The County cannot use impact fees for safety improvements. They can use gas taxes, but not impact fees. Don was asked who had the final say, the BCC or School Board? It is a BCC Ordinance so they have the final say. There is an Interlocal Agreement being interpreted differently on both sides as to who is going to pay for sidewalks. Denny is hopeful these things will be worked out at the BCC/School Board Workshop October 21. A1 Kozel asked, "When an impact fee is approved, when does it become effective?" It can become effective immediately or can be staggered. It's at the Board's discretion. Joe advised that the Productivity Committee is recommending that Parks & Recreation use the same inflation factor of property taxes for land rather than CPI. In looking at the impact fee study schedule, it seems for every month of set back, the County is missing out on revenue. Even though there is a high priority to get these studies completed, they are still behind. PC members recommended Joe send a letter to the County Manager to point out how things have slipped and express their concern over the loss of revenue. Page 2 of 4 C. Human Resources and Risk Management Presentation 7/16/03 Meeting Joe asked if members are satisfied with the presentation given at the last meeting, or are there still concerns? A1 felt overall they did a very good job; however, he still has a concern over the distribution curve of the appraisals. He doesn't feel that the current distribution provides enough incentive for the outstanding employees and tends to reward everyone too equally. The objective should be to separate the best from the poorest. Joe reviewed figures received from Jean Merritt, HR Director, of County Manager Agency staff receiving evaluations in October 2002. There was a total of 1,285; 10 need improvement and received no merit pay; 365 meet standards; 623 exceeds standards and 287 were outstanding. The last two categories equal 70% of the total, which seems skewed. Another item A1 was interested in was how many county vehicles are being taken home. Jim Gibson said, in other words who has a take-home vehicle, what is the total mileage used for business purposes vs commuting mileage. Are the take home vehicles reported as a taxable benefit? Dex said he was not happy with the answer given on how the County insurance compares with other major companies in the area. He would like to know who these other companies are - nature and size. Also, how does the insurance compare to other counties in Florida? He would like to see the results of the survey being conducted. -->Joe Mumaw was asked to draft a letter to the County Manager regarding the Committee's additional concerns. D. Beach and Boat Access Subcommittee Report ---Joe commended Janet on the excellent letter she drafted to the County Manager. He advised he did some minor editing (taking out Boat Haven since it has been purchased), and distributed to everyone for their review at this time so it can be forwarded to the BCC today. Jim Homer moved to send the letter as is, a copy of which is attached to these minutes. Also, the minutes of the last meeting of the Beach and Boat Access Subcommittee were reviewed, a copy of which is attached to these minutes. D. FY 03 Productivity Committee Work Plan - The work plan was reviewed by Joe Mumaw. Jim Gibson made a proposal that items 03-01, Reserve Analysis; 03-03, Analysis of Revenue Estimations and Collections Procedures; and 03-14, Contingency Definition, be transferred from this committee to the Revenue Commission. All members agreed. Joe Swaja, Chair of Golden Gate Flyover Subcommittee, Project #03-06, has not scheduled another meeting for this. -->Joe Mnmaw will contact him to get it going again in the Fall. E. Other Old Business - A1 Kozel questioned whether anything was being done to fill the Productivity Committee's vacant positions. Winona advised the press release, a copy of which is in each agenda packet, has been issued. The deadline for applications is August 22, 2003. Winona also sent letters to those that applied last time, but were not accepted, to see if they were still interested. In order to save time, Joe asked -->Winona to send copies of applications to the PC members. I-Ie would like members to rank them and get them to Winona so she can consolidate them so that a decision can be made at the September 17 meeting, and be able to put on the BCC agenda for September 23, 2003. Page 3 of 4 IlL New Business: None IV. Comments/Sue~estions - Joe Mumaw will be on vacation and will not be able to attend the September 17, 2003 PC meeting. He asked Jim Gibson to chair the September meeting for him since Joe Swaja, Vice-Chair, will also be on vacation. Dex advised he would not be able to attend the September meeting. Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, September 17, 2003, 2:00 p.m. in the County Manager's front conference room, 2nd floor of the W. Harmon Tumer Building (Building F, Administration Building). Meeting adjourned at 4:00 p.m. Page 4 of 4 NOTICE OF MEETING & AGENDA PUB~ NOTICE OF MEETING & AGENDA P/~iE 01/01 Page 1 of 1 COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) ~'(" u~ , THURSDAY, SEPTEMBER 25, 2003, 6:00 P.M. Collier County Government Center '~,~,~'~,: Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail ' ~'':~ ~ ~iers Naples, FL 3411.2 NOTICE ** All intm'ested parties are invited to attend, and to register to speak and to submit their objections, if any. in writing, to the board prior to the meeting if applicable. For more information, please contact Michael W. Pettit at (239) 774-8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you arc entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 341.1.2, (239) 774-8380. ** Public comments will 1~ limited to 5 minutes unless permission for additional time is granted by the Chairman, ** Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board. of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk. to the Board at thc Board Minutes and Records Department. AGENDA III. IV. V. VI. VII. VIII. 6:00 P.M. Meeting Called to Order Adoption of Minutes from June 26, 2003 and August 28, 2003 Joint HAAB and BAAB Meetings Determination of Excused Absences From Previous Meetings Introduction of New Board Members Now Business A. Proposal Inonoring Collier County Judge Ramiro MafialJch as the first HAAB Citizen of the Year at the October HAAB meeting, and to continue this tradition annually thereafter by recognizing the individual or group whose made the most contributions or impact to the Hispanic community of Collier County. B. Report by Teresa Nelson on Collier County's Revenue Commission. C. Request by Carlos Aviles to nominate HAAB members to attend the County's Office of Information and Referral Service meetings scheduled for October in Immoka.lee, East Naples, and Golden Gate. D. DiscussJ. on regarding establishing a liaison through thc Board of County Commissioners to coordinate with the Collier County Sheriffs Office (CCSO) on various issues relative to the Hispanic commnnity Old Business A. Update by Teresa Nelson on the creauon of a HAAB~eb~i~e: B. R~view cra'rent status of HAAB's goals and objectives for C. Letter regarding FBI review of Victor Valdgs corn.pl~llt~'~tgall~~uties, CCSO Professional Review Bureau Case No. 02-083. Public Comments file://C:Oocuments%20and%20Settings\lawsonsandra\Desktop\WF, B % 20RELtlASE'S~gi ¢751 "~2i 0/200.~ /ENVIRONMENTAL ADVISORY COUNCIL Fiala 'v / _. Halas i ~ AGENuA Henqir, c~ ~ October 1, 2003 Coyle ~*--- v~/.. 9:00 A.M. Cole~ta ..... L/ ~,~ Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor B10 II. III. IV. Roll Call Approval of Agenda Approval of August 6, 2003 Meeting Minutes Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3665 "Bella Lago" Section 3, Township 49 South, Range 25 East V. Old Business: VI. New Business: LDC amendments - Cycle 3 (LDC amendments for Cycle 3 to be continued on October 6 at 9:00 A.M.) VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on August 29, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732-2505). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1611 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 AM August 6, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Tom Sansbury Michael V. Sorreli Aiexandra Ellis Ken Humiston William Hughes Alfred Gal Ed Carlson (left at 3:50 PM) Erica Lynne (left at 1:00 PM) Collier County Staff: Patrick White, Bill Lorenz, Barbara Burgeson, Start Chrzanowski, Stephen Lenberger, Marjorie Student - Assistant County Attorney - Ellen Chadwell filled in for Marjorie Student from 12:45pm-1:20pm, Klm Hadley, Russell Webb, Fred Reischl Page I ENVIRONMENTAL ADVISORY COUNCIL II. III. IV. 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor WEDNESDAY, AUGUST 6, 2003 Roll Call Approval of Agenda Approval of July 2, 2003 Meeting Minutes New Business: A. Land Development Code Amendments (Clam Nursery Amcndmen0 Page 1 of 1 Ve Vie ViII. IX. X. Land Use Petitions Ae Planned Unit Development Amendment No. PUDZ-2002-AR-315$ "Coconilla" - View Staff Report Section 17, Township 48 South, Range 25 East Bo Conditional Use No. CU-2002-AR-3537 "Stewart Earthmining'- View Staff Report Section 19, Township 46 South, Range 29 East Commercial Excavation No. EX-2002-AR- 4378 "Stewart Earthmining" - View Staff Report Section 19, Township 46 South, Range 29 East Planned Unit Development Amendment No. PUDZ-2003-AR-3860 "Artesa Pointe" - View Staff Report Section 3, Township 51 South, Range 26 East Ee Planned Unit Development No. PUDZ-2002-AR-3495 "Wentworth Estates PUD"-..View Staff Report Sections 29, 30, 31 & 32, Township 50 South, Range 26 East Section 5, Township 51 South, Range 26 East Excavation Permit No. EX-2002-AR-3112 "Golden Gate Quarry"- View Staff Report Section 21, Township 49 South, Range 27 East Old Business: council Member Comments Public Comments AdJournment http://www.colliergov.net/natresources/EnvironmentaL/agendas/08.06.03.htm 8/5/2003 I. Roll Call -The meeting was called to order at 9:06 AM. A quorum was established. Members: Alexandra Ellis, Tom Sansbury, Ken Humiston, William Hughes, Alfred Gal, Ed Carlson, Erica Lynne, Michael Sorrell -Michael COe had an excused absence. Collier County Staff: Bill Lorenz, Barbara Burgeson, Stan Chrzanowski, Stephen Lenberger, Marjorie Student - Assistant County Attorney, Fred Reischl'; Kim Hadley, Russell Webb Il. Approval of Agenda -Due to the fact that Stewart Earthmining was originally listed first on the agenda and they were continued from the last meeting, the committee members decided to hear the two Stewart Earthmining petition's first. -All committee members agreed to the revised agenda. III. Approval of June 4, 2003 meeting minutes -Mr. Hughes stated that at the last meeting he asked to have an update on the county leech-aide processing facilities at the waste facility. This request was not in the minutes and he had not yet been contacted to set up an appointment to see the facility. -Mr. Lenberger stated that he would follow up with Mr. Hughes question and he would also hand out a tape, in regards to the waste management issue, to the committee members after the break. (A copy of this tape was not provided to the court reporter.) -Mr. Carlson moved to approve the minutes of June 4, 2003 as corrected. It was seconded by Alexandra Ellis. All were in favor; the motion passed unanimously, 8-0. IV. New Business A) Land Development Code Amendments (Clam Nursery Amendment) -Russell Webb, Collier County Planning Services, asked if there were any . questions regarding the proposed LDC amendment. The committee members did not have any questions regarding the amendment. Page 2 £ 20.^u u, 1611 -Alexandra Ellis made a motion to recommend approval to the BCC of the proposed LDC amendment. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 8-0. ¥. Land Use Petitions A) Conditional Use No. CU-2002-AT-3537 "Stewart Earthmining" Section 19, Township 46 South, Range 29 East & B) Conditional Use No. EX-2002-AT-4278 "Stewart Earthmining" Section 19, Township 46 South, Range 29 East -Items V-A & V-B were heard together. -The court reporter swore in all those who would be testifying. -There were no disclosures reported. -Stan Chrzanowski, Development Review Engineering Staff, explained that the petition is now being heard as a conditional use petition with the accompanying excavation permit application. Mr. Chrzanowski pointed the area out on the map and reminded the committee that previous concerns about this petition were in regards to the fact that the depth of the excavation did not follow the fetch- formula. -Mr. Hughes asked if the fetch formula could be changed in the code. Mr. Chrzanowski explained that this approval would only be for this petition and he saw no mason to change the formula in the code. Mr. Humiston believed that the fetch formula should be removed from the code since the water stratification did not have an affect on the water quality. Mr. Chrzanowski stated that he could schedule a workshop for the EAC to discuss the fetch formula. -Mr. Carlson felt the issue was that the deep lake was a direct conduit into the ,surficial aquifer. He noted that he did not have a problem with the petition, but asked if anyone would be reviewing adjacent land uses to verify ifa protection Page 3 2003 zone was needed. Mr. Chrzanowski stated that he did not know if there would be anyone to review this, but he will look into the matter. -Erica Lynne agreed with Mr. Carlson's concern and asked if they were sure that the depth of the lake would not punch through to the deep aquifers. Mr. Chrzanowski stated that this would not happen. -Mr. Hughes made a motion to approve the two petitions with the addition of a berm, (with a membrane), and the recommendation that the county closely monitors surrounding land uses to ensure that no potential pollutants are not in the areas. -Pamela Stewart, Attorney for Stewart Earthmining, was against having a "requirement" for a berm, unless it can be shown through a study of the. surrounding lands that there is a problem with seepage. -Jeff Davidson, Civil Engineer, stated that typically the lake excavations that they do in Collier County are berm-ed or the stage in the lake is less than 100yr flood elevations. He did not believe this requirement would be a problem. He did not believe that placing a membrane in the berm would help the flow of ground water. -Nick Stewart, President of Stewart Mining, had no objections to Mr. Carlson's recommendation to have the county review adjacent land uses. Mr. Stewart also had no objections with the berm. Public Speakers 1) Howard Hayes, DEP - Bureau of Mine Reclamation, asked if the board had any questions on the state regulations on mining. -Mr. Carlson asked if they looked for significant point sources of pollution in the region around sand-pits similar to this one. Mr. Hayes stated that they do when the application comes in, but they have no authority to regulate land uses. He added that. future changes in land use, would be a county issue. -Mr. Humiston asked if Mr. Hayes knew about the "cattle dunk baths" and if there were any in this area. Mr. Hayes stated that the district office would inform them of this type of situation when the application was received and his department walks the sites. If anything like this were Page 4 found during the walk, then it would be a concern. Mr. Stewart added that it would have shown up after the state had located all of the "dip-bath areas" and them was nothing listed on his title policy. 2) Mark Hurst, Mining Consultant, informed the committee that he was currently employed by Stewart Mining. Mr. Hurst noted that this mine will be required to have an industrial waste water permit. The permittirig review is intended to prevent the mining companies from polluting the ground. He thought that it was a good idea to review adjacent land uses to ensure that nothing was seeping into the pit and potentially the ground water as well. Mr. Hurst explained that the "potentially polluting facilities" would also be required to obtain similar permits and prove that they will not be polluting the ground water. Mr. Hurst stated that this site is located near citrus grove and he has never experienced problems in the past with grove chemicals entering the pits. -Mr. Stewart stated that they would not mind taking water samples and submitting the results to the county on a quarterly or biannual basis in order to ensure water quality. Mr. Carlson stated that he is not looking for something like this; he is looking for something like a "well field protection effort". -When the motion was recalled, Marjorie Student informed the committee that they needed to make to separate motions; one for the conditional use and one for the excavation permit. -Mr. Hughes made a motion to recommend approval of the conditional use permit with the condition that the excavation pit be berm-ed, (if there is not sufficient clay material, then some type of barrier material should be installed to prevent horizontal flow from surrounding properties), and the recommendation that the county establish a procedure that would monitor the surrounding land uses to ensure that no pollution source would be able to enter the pit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7-0. Page 5 -Mr. Hughes made the same motion in regards to the excavation permit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7-0. C) Planned Unit Development. Amendment No. PUDZ-2002-AR-3158 "Coconilla" Section 17, Township 48 South, Range 25 East ', -The photos, maps, and presentational materials provided to the committee were not provided to the court reporter for this item. -The court reporter swore in all those who were testifying. -Disclosures: -Mr. Carlson stated that he had numerous meetings with the petitioner and his employer is planning a benefit with the Pelican Island Yacht Club. Mr. Carlson recused himself from the vote. -Mr. Humiston stated that the applicant is his client. Mr. Humiston recused himself from thc vote. -Erica Lynne stated that she received a lot of information in the mail, one telcphone call, emails, and her signature is on an application to save the Seagulls. Due to an appearance ora conflict of interest, Erica Lynne recused herself from the vote. -Mr. Sorrell stated that he received pro and con information in the mail. He did not believe that this would "cloud" his judgment. -Mr. Hughes stated that he had been receiving items in the mail and he visited the site unannounced in order to review it personally. -Mr. Sansbury, Mr. Gal, and Alexandra Ellis also received materials, but not enough to present a conflict. -Rich Yovanovich, with the law firm of Goodlette, Coleman, & Johnson, represented the petitioner. The existing site is zoned C-4. It was recently an active Marina, which resulted in the environmental contamination on the property. Eeo-group has a contract to purchase the property; the marina will not stay and will not bca future use on the property because it is not an economically sound Page 6 investment. The petitioner is proposing a residential condominium, which includes public services with the project. The project includes a residential tower that stair steps up from 15 stories over parking to 21 stories over parking. Them will be 10 marina villas in the project and 102 units. The petitioner is proposing to provide the public with public parking, which will enable the county ,to build additional parking for trailer-ed boats. They will also provide for interconnectivity with the park. The fueling station proceeds will gO to the ', county. There will also be a public ship-store. The site is -10.45 acres; -.43 is under water. The petitioner is proposing to create a marina for boat slips and a flushing area that will be replanted with mangroves. Mr. Yovanovich stated that the neighboring PUD was approved for four towers with a maximum height of 200fi over parking; therefore the transition is compatible with area uses. Mr. Yovanovich reviewed policy 5.9. The petitioner is requesting -11 units/acre after the public areas have been removed from the equation. Mr. Yovanovich stated that this is within the intent and desire of the comprehensive land use plan and therefore consistent from a future land use element standpoint. The county conservation element, water related vs. water dependent uses, was also reviewed with the committee. Mr. Yovanovich feels that they have complied with the conservation element. The petitioner has provided a manatee protection plan and a bald eagle protection plan. The applicant believes that they have fully complied with the county's comprehensive plan and they believe that the proposed uses are the best alternative from an economic and an environmental standpoint. -Chris Oslegar, Vice President of Eco-group, presented an overview of other projects that they have constructed in order to show the high quality they use and the lengths they go to in order to protect the environment. A few of the projects reviewed were Pelican Isle Yacht Club, Barefoot Beach Club, Sanibel Golf Village, and the Tides Beach Club. -Joe Tucker, Mac-tech Engineering, stated that they assisted this project in the due diligence process by identifying certain environmental conditions associated with past/present land uses. Joe Tucker explained that the marina uses on this property have the potential for pollution and stormwater run-off. A number of the Page 7 marina activities have led to the contamination of the property. The three categories 0f contamination on this site are soil contamination, ground water contamination, and sediment contamination. Eco-group proposes to remediate the contamination at the site. Joe Tucker explained how the amount ofremediation required will be more significant on a residential site than it would on a commercial site on this property. In summary, she believed that the proposed residential land use had environmental advantages by removing sourCes of concern, the remediation of contaminants, and the fact that the remediation will be to the most stringent standards. -Mr. Hughes asked about the federal standards for remediation. Joe Tucker informed him that the state standards are more stringent than the federal standards. -Joe Tucker provided the committee with two tables of sampling done at Wiggins Pass; soil/sediment analytical results summary and Ground water analytical results summary. -Andy Woodruff, Vaseril & Associates Senior Ecologist, stated that they were an environmental consultant for the project site. The site has -10acres of uplands identified on the project identified as a commercial marina. There is also -4/10 acre of open water, which has been used for the launch and docking of vessels. There are no native habitat types present within the developed uplands and there are no mangrove or sea-grass habitat present within the open waters. The proposed projects impacts are: a. The redevelopment of the existing uplands. b. Dredging of-2/10 acre of open water. c. Excavate -3.65 acres of existing uplands for the creation ofthe new boat basin, but adjacent to this 8/10 acre of inter-tidal habitat will be created. This inter-tidal habitat will be used to improve water quality/exchange in the basin and it will be planted with mangrove vegetation, which will provide habitat for fish and wildlife. d. In regards to listed species: Page 8 1611 ~ ~6,003 August -Manatees do occur in the area. The project will eliminate -450 dry storage spaces, which will significantly decrease the amount of boat traffic. The project will also eliminate ramps for trailer- vessels. There will be no increase on the number of wet slips.' A Manatee Protection Plan was also created. -Bald Eagle nest CO-19 was identified on site. The project lies within and just outside of the secondary protection zone. This n6st has been active all but once in the last twelve years and it has successfully fledged two young during the last two nesting seasons. The eagles have demonstrated acclamation to the Wiggins Pass Marina. The applicant is proposing construction activities within the secondary zone during the nesting season. A Bald Eagle management plan has been prepared. This plan is being reviewed by the Fish & Wildlife Service, the petitioner has been in consultation with them, and they have agreed to no construction of multi-story buildings in the secondary zone without the authorization of the Fish & Wildlife Service. Mr. Woodruff also reviewed the additional Eagle initiatives that had been voluntarily submitted by the applicant. Some of the long-term benefits to the bald eagle from the proposed zoning change are: reduction of the vessel traffic originating from the site, reduction in chemical and noise pollution, shielding and use of low wattage lights will be used, remediation of the existing pollution, creation of inter-tidal habitat that will include mangrove plantings, native vegetation will be used in the landscaping, and the assumed activity of feeding the Eagles will be stopped with the proposed project. -Mr. Gal asked if the petitioner agreed to allow the monitor to shut down the project if there is a disturbance to the eagle's nest. Mr. Woodruff stated that they would if it became a situation where it was clearly a disturbance factor. Mr. Gal asked who made this decision. Mr. Woodruff stated that he believed Fish & Page 9 Wildlife would decide on the resolution after a disturbance was noticed. Mr. Gal asked who would employ the monitor. Mr. Woodruff stated that it would be the petitioner. -Duke Woodson, Environmental Attorney with the law firm of Foley & Lardner, explained the federal approval process to build within the vicinity of an eagle. The petitioner must perform a biological evaluation and then submit the evaluation, a management plan, and a monitoring plan to the Fish & Wildlife Services. Fish & Wildlife Services takes this information and reviews it, they then send a recommendation to the Corps of Engineers. The Corps of Engineers can then either accept or reject this recommendation and issue the permit with conditions. Mr. Woodson reminded the committee that all eagles are different and they must be reviewed on a case to case basis and that all of the documents referred to in the permitting process are guidelines not statutes. Mr. Woodson reviewed some of these guidelines with the committee. Mr. Woodson noted that they know from past monitoring that these two eagles are "urban eagles", accustomed to the urban disturbances and way of life. Mr. Woodson explained that the applicant employs the monitor, but the guidelines determine who the monitor may be. The guidelines also outline what variances disturbances to the eagles are, how they are noticed, and what is to be done when a disturbance occurs. The monitor is trained in these guidelines and what to notice. If the monitor notices any disturbances then he repons it to the owner of the property and to Fish & Wildlife. Mr. Woodson stated that in his experience, Fish & Wildlife is very quick to shut down a project ifa disturbance occurs. The penalties for not obeying the orders of Fish & Wildlife are criminal penalties. Mr. Woodson added that the applicant will be obeying the orders offish & Wildlife. -Mr. Carlson asked how successful the eagle management plans have been throughout the state. Mr. Woodson stated that they have been successful; the population of eagles has increased. Mr. Woodson added that he cannot guarantee the eagles will stay, they may find a new habitat, the tree they nest in, (which is a dead tree), may blow down in a storm, etc.. Mr. Carlson asked what eagle's Page 10 reactions have been to tall buildings as opposed to other developmehtg. Mr. Woodson informed him that different eagles act different ways and there are tall buildings in this neighborhood. Mr. Woodson reviewed a provision in the 1987 guidelines under recommended restrictions, which recommended the restriction of tall buildings near eagles, but used words such as "in most cases", "likely", etc.. Mr. Woodson did not believe that the construction would disrupt the eagles since they will not build between the nest and the feeding area. -Chris Osleger added that one of the benefits of this process is that they have formed relationships with the various consultants; Nancy Payton, Ed Carlson, Lynda White of Audubon, etc... These new relationships provide them someone to turn to for advice on the specific situations in regards to the eagles. Many of the recommendations from the discussions with these groups and individuals were used to come up with the proposed benefits. Mr. Osleger added that they want the eagle to stay in the nest and they will quickly respond to anything the monitor reports as a potential disturbance. At 10:45am a break was taken until 10:53am. -Kim Hadley, Environmental Services Department, read into the record an additional stipulation she added to the staff report (the committee received a copy earlier in the morning). The stipulation read: "The marina management plan shall be amended to include a sediment quality program to address the issues associated with operating a recreational marina and fuel facility. Included in this plan shall be a requirement to establish the existing conditions of the sediments with the level 2 environmental assessment as a baseline for future monitoring and compliance." She added that the additional measures the applicant stated they would take regarding the Bald Eagle should be to the management plan, (the county has a copy of this as well). The committee also received, earlier in the morning, copper readings for the Cocahatchee River Basin put together by Pollution Control. Page 11 -Dusty Perkins, US Fish & Wildlife, offered to answer the questions of the committee. -Mr. Gal asked how the Fish & Wildlife decided to shut down a project and whether or not the petitioner had the opportunity to dispute it. Mr. Perkins state that this opinion is usually part of a biological opinion or a habitat conservation plan. The monitor is employed by the applicant and this is the person who will look for the disturbances and then follow the orders outlined in the biological '. opinion. -Mr. Carlson asked about the track record for the bald eagle management plans. Mr. Perkins stated that projects consistent with the guidelines do well. -Alexandra Ellis asked if they were allowing construction during the nesting season in the secondary zone. Mr. Perkins informed her that this project would need an Army Corps of Engineer permit. Currently the Army Corps of Engineer has issued a "may affect" order and requested Fish & Wildlife to conduct consultations with the petitioner. The product of these consultations is the biological opinion. -Mr. Hughes asked if they had comments on the chemicals at this site. Mr. Perkins stated that they provided some comments, but they have not completed the review process yet, and have requested further information. -Mr. Sansbury asked the petitioner if they had any objections to Klm Hadley's, (staff's), stipulation as previously noted. The petitioner stated that they will agree to ali the stipulations. Public Speakers 1) Eugene Fostor, property owner at Pelican Island Yacht Club, stated that he and his wife arc in favor of the proposed condominium because: it will create less pollution, less road and boat traffic, less pollution of surrounding waters, and less noise pollution. 2) Lynda White, Coordinator of Eagle Watch, explained that CO-19 was monitored by Eagle Watch since 1997. Audubon would prefer that there Page 12 1 6 '810 u. gust 6, 2003 be no construction during the management zone of the nest during nesting season, but they realize that this is not a practical timetable for construction. Therefore, if US Fish & Wildlife Services grants permission for construction to occur, then the bald eagle management plan may be amended. Noise abatement is a priority for nesting eagles, monitoring of the birds by a reputable biological firm is necessary, and the eagle watch volunteers should augment the monitor since they have viewed this pair of eagles for the last eight years. Lynda White has volunteered to lead an education program on the nesting habits of bald eagles for the construction workers. Lynda White believes that a responsible management plan can result in successful nesting season even with ongoing construction. She believed it was unacceptable that this project does not require an incidental take permit. She urged the county to establish an eagle management plan. Lynda White added that Chris Oslegar has expressed a willingness to amend his management plan to include her suggestions, she believes that he is sincere in his desire to do what is best for the birds, and she believes that the amended management plan will minimize the current impacts to the eagles in this area. 3) Mind Wolok represented the Estuary Conservation Association, (ECA). ECA monitors the health of Wiggins Pass. ECA supports the proposed residential development as long as the applicant complies with environmental laws and guidelines, follows the recommendations of ECA: no construction activities during the bald eagle nesting season in the primary or secondary zones, the height of the condo unit should be limited to the height of the bald eagle nest, water quality testing should be done immediately and incorporated into the community water testing program that is currently being conducted, and the testing program should carry out for the next five years. Mimi Wolok placed a letter from the President of ECA, Andy Hill, and a letter from Robert Mountain Jr. regarding evidence that bald eagles occur in the construction zone into the record. Page 13 4) Doug Fee, President of the North Bay Civic Association, submitted emails into the record of individuals who were in support of sending a recommendation of denial to the BCC. Mr. Fee stated two quotes for the record: -"We do not feel that there are any environmental issues". -Came from Chris Oslegar in a meeting the North Bay Civic Association attended. -"The applicant will not have to go before the EAC." -Came from Bob Mulhere at a public meeting. -Mr. Fee stated that he was representing hundreds of individuals who could not attend this meeting and they recommended denial of this rezone. He explained that they provided a binder to the committee that included the North Bay Civic Association's position, public comment letters, and two petitions to deny the rezone and protect the eagles. Mr. Fee explained that they feel the current marina is a benefit to the bald eagles and manatee. They are opposed to construction in the secondary zone during the nesting season. 5) Lew Schmidt, Pine Avenue Resident, stated that he was president of a marine transportation company in the port of Chicago. He suggested that the proposed marina was not given appropriate consideration. He was opposed to 50fl docks since they encouraged large boats, which were not able to go through the area without causing problems. He requested that the EAC suggest to thee developer that he reconsider the marina configuration. 6) Ralf Brookes, was opposed to the re-zone since it did not consider the human element; the fact that it was removing public accessibility to docking. He believed that a marina should be located at this site. Mr. Brookes was against construction during the nesting season and felt that they were experiencing an "erosion of the bald eagle protection". Mr. Brookes felt that there was no reason to change the zoning and that to do so was inconsistent with the comprehensive plan, since it was not preserving water related uses. He felt the idea was to "protect the potential for this site to be used as a marina". (Handouts and Page 14 presentational materials used by Mr. Brookes were not provided to' the court reporter.) 7) Dick Macken represented the 216 owners of The Village of Emerald Bay. The residents were opposed to the rezone for a variety of reasons. They feel that the decline in the number of bald eagles in Florida is due to the "steady encroachment of development on the birds nesting sites". The residents feel that the bald eagles are well adapted to their site, where they have "habituated" to the problems of noise and traffic coming from the marina and the road. They believe that the construction of the high-rise towers will "almost certainly" lead to the abandonment of the nest. 8) Barbara A. Bateman, resident of Naples Park, was opposed to the re~ zone and believed that there was a need for a marina in the area. She believed it would be a benefit to the county if they acquired the property and maintain the marina uses. 9) Marie Sourbeer, resident of Naples Park, was opposed to the re- zoning because Collier County had a need for boating services and facilities. She noted that the lack of boating facilities leads people to store their boats in their garages, which is a code violation. She recommended that the county consider purchasing this land and maintain the marina Ilses. 10) John Hickey represented 356 residents of Beach Walk Resident's Association. The members are opposed to the rezone because of the negative impacts of construction on the nesting eagles, there is a need for marinas in Collier County, deeper draft dredging is a danger to manatees and mangroves, the US Army Corps of Engineer study has not been completed yet, eeo-ventures does not currently own the land and will probably not purchase it if the rezone is denied, and the use of this property is more efficiently used as a marina. 11) Tom Gardella, Bonita Shores resident, stated that his family was opposed to the building of a high-rise since it also affected humans as a species. He was very concerned about the view pollution. Page 15 12) Susan Stiefel, Vanderbilt Beach Estates area resident, stated that she belonged to the ECA. She stated that the ECA was opposed to the re-zone if any construction occurs during the nesting season. She felt that the Army Corps of Engineers report needed to be completed in order to understand the possible impacts to the eagles. She "echoed" the opinions of those who spoke regarding the human rights in the neighborhood. 13) Bob Stone did not believe that the high rise would be more "friendly" to theeagles than the marina, since the eagles have become accustomed to this environment. He also did not believe that the applicant would stop construction if a disturbance was noticed and he felt that the development would further destroy the coastal environment. Mr. Stone was opposed to the re-zone. 14) Donna Reed Caron stated that the applicant had requested to tear down a pine tree that the eagles nested in. She explained that this is one of the reasons she did not believe the applicant was concerned with the eagles safety. She called the state DEP and spoke with Judy Wysoki and found out that the DEP does not make any distinction between residential or commercial properties in regards to clean-up and the upland dredging will stir up old sediment which could find its way into the estuary. She was opposed to the rezone. 15) B.J. Savard-Boyer, President of the Vanderbilt Beach Property Owners Association, stated that they are opposed to the rezone. She noted that there might be a potential buyer, maybe even the government, of the property if it remained commercial. She believed that this project is not "human being friendly". 16) Bonnie L. Karknt, the North Bay Civic Association, stated that this project will not be better for the environment as the petitioner has stated. She was concerned about the decrease in public access. She was opposed to the rezone. 17) John Bache, resident of Tiburon, was in favor of the residential rezone. He believed that a residential zoning of this property would Page 16 1611' .10 August 6, 2003 benefit the environment. He noted that condos would also increase the tax-base. He added that he was a member of ECA and he agreed that the water quality needed to be cleaned up, but this would cost a lot of money. 18) Anita K. Brown stated that she was against the rezone and the high- rise towers, since it caused view pollution. She also believed that this project would destroy the environment. She asked the committee to consider the human rights and the fights of the future children to enjoy the environment. She believed that the committee was not hearing from neutral experts and requested the EAC to urge the county to find neutral experts to evaluate these plans. She requested that the county buy this land and keep it open to the public. 19) Robert Nolan, Pelican Island Yacht Club resident, was in favor of the rezone to residential use. He noted that the issue was not about saving a marina, it was about the environment. He believed that the manatee would benefit greatly from the improvements that this project is proposing. He added that the owner had the right to sell this property to whoever he wants. 20) Tom Nelson explained that he is one of the eagle watchers, who has spent a lot of time watching this particular eagle nest. He was opposed to any construction during nesting season. He noted that the flight pattern of these eagles is that they come in from all directions. He felt that the county needed to establish an eagle management plan in the future. 21) John Findley, Certified Marina Manager and Level 4 Responder for the state of Florida, stated that a commercial marina has a higher potential for spills than a residential marina. He added that a commercial property could be built in this space and then people will still be concerned about the increased traffic, noise, etc... As for dredging, he explained that deeper waters are better for manatees. He was not for or against the proposed project, he only felt that people were not considering the possibility of other commercial uses that could be worse. Page 17 TAB K 3.8 ENVIRONMENTAL IMPACT STATEMENTS TAL#53 1108.1 1 DVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS)* 3.8.1 No change. 3.8.2. PURPOSE 3.8.3 No change. 3.8.4 SUBMISSION AND REVIEW OF ElS 3.8.5 INFORMATION REQUIRED FOR APPLICATION 3.8.5.1 APPLICANT INFORMATION 3.8.5.2 MAPPING AND SUPPORT GRAPHICS 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION 3.8.5.4 NATIVE VEGETATION PRESERVATION 3.8.5.5 WETLA~IDS 3.8.5.6 WATER MANAGEMENT 3.8.5.6 SPECIES OF SPECIAL CONCERN 3.8.5.7 OTHER 3.8.6 ADDITIONAL DATA 3.8.7 RELATION BETWEEN ElS AND DRI 3.8.8 EXEMPTIONS 3.8.8.1 SINGLE FAMILY OR DUPLEX 3.8.8.2 AGRICULTURE 3.8.8.3 NON-SENSITIVE AREAS 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 3.8.9 FEES 3.8.10 APPEALS TAL#531108.1 2 Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS) 3.8.1 No change. Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: ~A._=.Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ~B._=.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. AC_=. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 3.8.3. Applicability; environmental impact statement (ELS) required. Without first obtaining approval of an ElS, or exemption pursuant to section 3.8.9, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. TAL#531108.1 3 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the development services director shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 3.8.4. Submission and review of ElS. A completed ElS,,.,~,,.,,,o;'-'""'~ ,..~"' ,k.,,... ...... ~.,-,~,.-,,~ ........... ,. .... .,, ,., ~';" '~"-';'-'"-*'~ .... * in written and diqital format, shall be submitted to development services director for approval, denial or approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the ElS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. Sec. 3.8.5. Information required for application. TAL#531108.1 4 1611 ,4 TAL#531108.1 5 TAL#531108.1 6 TAL#531108A TAL#531108.] 8 3. Sc//d b. Proposed method vo A TAL#531108. l 9 3.8.5.1 Applicant information: A. Responsible person who wrote the ElS and his/her education and lob related environ mental experience. TAL#531108.1 I0 161'1 B. Owner(s)/agent(s) name, address, phone number & e-mail address. 3.8.5.2 Mapping and support graphics: A. General location map. Native habitats and their boundaries identified on an aerial photograph of the site extendinq at least 200 feet outside the parcel boundary. This does not mean the applicant is required to .qo on to adioinin.q properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph havinq a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A leqend for each of the FLUCFCS cateqories found on-site shall be included on the aerial. C. Topographic map, and existing drainaqe patterns if applicable. Where possible, elevations within each of FLUCFCS cateqories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. E. Proposed drainaqe plan indicatinq basic flow patterns, outfall and off-site drainaqe. Development plan includinq phasing program, service area of existinq and proposed public facilities, and existing and proposed transportation network in the impact area. Site plan showinq preserves on-site, and how they align with preserves on adioining and neighboring properties. Include on the plan locations of proposed and existinq development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. For properties in the Rural Lands or Rural Fringe Agricultural Assessment Areas, a site plan showinq the location of the site, and land use desiqnations and overlays as identified in the Growth Manaqement Plan. 3.8.5.3 Project description and GMP consistency determination: A. Provide an overall description of the project with respects to environmental and water manaqement issues. TAL#531108.1 1 1 B. Explain how the proiect is consistent with each of the Obiectives and Policies in the Conservation and Coastal Manaqement Element of the Growth Management Plan, where applicable. 3.8.5.4 Native veqetation preservation: Identify the acreage and community type of all upland and wetland habitats found on the proiect site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS cateqories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and veqetation dominance (dominant, common and occasional). B. Explain how the proiect meets or exceeds the native veqetation preservation requirement in Goal 6 of the Conservation and Coastal Manaqement Element of the Growth Manaqement Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustratinq such. Include calculations identifyin.q the acreage for preservation and impact, per FLUCFCS cateqory. For sites already cleared and in aqricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Manaqement Element of the Growth Manaqement Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Manaqement Plan and Land Development Code. Have preserves or acreaqe requirements for preservation previously been identified for the site durinq previous development order approvals? If so, identify the location and acreaqe of these preserves, and provide an explanation if they are different from what is proposed. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. 3.8.5.5 Wetlands: Define the number of acres of Collier County iurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Manaqement Element of the Growth Manaqement Plan) accordinq to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS cateqories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be TALg531108.1 12 B 161I" field verified by the South Florida Water Manaqement District or Florida Department of Environmental Protection, prior to submission to the County. · Determine seasonal and historic hiqh water levels utilizinq lichen lines or other biological indicators. Indicate how the proiect design improves/affects predevelopment hydroperiods. What is the anticipated control elevation(s) for the site? Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showinq the location of wetlands to be impacted and those to be preserved on- site. How have impacts to wetlands been minimized? Indicate how the proiect design compensates for wetland impacts pursuant to the Policies and Obiectives in Goal 6 of the Conservation and Coastal Manaqement Element of the Growth Manaqement Plan. For sites in the Rural Frinqe Agricultural Assessment Area, provide an assessment based on Uniform Mitigation Assessment Method adopted by the state of Florida. For site outside the Rural Frinqe Agricultural Assessment Area, and where higher quality wetlands are beinq retained on-site, provide justification based on the Uniform Mitigation Assessment Method. 3.8.5.6 Water Manaqement: Provide an overall description of the proposed water manaqement system explaining how it works, the basis of design, historical drainaqe flows, off-site flows cominq in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaininq to the control of storm and ground water. 3.8.5.7 Species of special status: Provide a plant and animal species survey to include at a minimum, species of special status known to inhabit bioloqical communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission. State actual survey times and dates, and provide a map showinq the location(s) of species of special status identified on- site. B. List all species classified as endangered, threatened, or of special concern that are known, or have potential, to utilize the site. Indicate how the proiect design minimizes impacts to species of special status. What measures are proposed to mitiqate for impacts to state and federally listed species? TAL#531I08.1 13 Provide habitat management plans for each of the species of special status know to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Eo Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the proiect. Explain how the concerns of these agencies have been met. 3.8.5.8 Other: For multi-slip dockinq facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Sitinq and other criteria in the Manatee Protection Plan. Include an exhibit showinq the five-mile on-water travel distance of boat traffic, as required in the Manatee Protection Plan. Include the results of any environmental assessments and/or audits of the property, if applicable, provide a narrative of the cost and measures needed to clean up the site. For sites located in the Biq Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and re.qulations established for the ACSC-ST. 3.8.6 Additional data. The Development Services Director may require additional data or information necessary in order to make a thorouqh and complete evaluation of the ElS and proiect. 3.8.& 7 Relation between ElS and development of regional impact (DRI). In any instance where the proposed project requires both an ElS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the ElS and DRI. 3.8.~ 8_ Exemptions. 3.8.9.!. 3.8.8.1. Sinqle-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. ~.v.~.'~ ~ a ,,. 4,. 3.8.8.2. A.qricultura uses. ~,e,ma44~/~aAgricultu ral uses ,,,~' ........ _,, ;,-,....,' .... ~ ~ that fall within the scope of sections 163.3214(4) or 823.14(6), Florid~ Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of te,q twenty-five TAL#531108.1 14 years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. ~ 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity~ subject to the followinq criteria: :~r;,-,, ,,~ ,-,,,,~.; ...... ~' '~ ~;'-'~;"'- *he ~ .... ' ..... * 3.8.9.2.1. A_. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.8.9.2.2. B.__~. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. 3.8.9.2.3. C.._~. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. ~ D_. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 3.8.9.2.5. E_. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.8.9.3.3.8.8.5 All lands lying within all incorporated municipalities in Collier County. TAL#531108.1 15 (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) 3.8.10.9_ Fees. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.11 A~ .10. Appeals. Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organization. B.~. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C_.=. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D..=. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E_.=. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F~ The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. TAL#531108.1 16 TAB L 3.9 VEGETATION REMOVAL, ETC TAL#53 l 109.2 ] 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1 TITLE AND CITATION 3.9.2 PURPOSE 3.9.3 APPLICABILITY 3.9.3.1 SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION 3.9.3.2 AGRICULTURAL EXCEPTION 3.9.4. VEGETATION PRESERVATION STANDARDS 3.9.4.1 GENERAL STANDARDS AND CRITERIA 3.9.4.2 SPECIFIC STANDARDS FOR URBAN, ESTATES, CON, AGRICULTURAL/RURAL, RURAL-INDUSTRIAL, AND RURAL-SETTLEMENT AREAS AND DISTRICTS A. REQUIRED PRESERVATION TABLE B. EXCEPTIONS 3.9.4.3 SPECIFIC STANDARDS FOR RFMU DISTRICT A. RECEIVING LANDS B. NEUTRAL LANDS C. NON-NRPA SENDING LANDS D. NRPA SENDING LANDS E. EXCEPTIONS 1. NONCONFORMING, PRE-EXISTING PARCELS 2. SPECIFIC COUNTY-OWNED LAND 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES 3.9.4.4 SPECIFIC STANDARDS FOR RLSA OVERLAY 3.9.4.4 DENSITY BONUS INCENTIVES 3.9.5 WETLAND PRESERVATION AND CONSERVATION 3.9.5.1 PURPOSE 3.9.5.2 URBAN LANDS 3.9.5.3 RFMU DISTRICT AND IMMOKALEE URBAN AREA A. STANDARDS B. MITIGATION 1. MITIGATION REQUIREMENTS 2. MITIGATION INCENTIVES 3.9.5.4 ESTATES AND RURAL -SETTLEMENT AREAS 3.9.5.5 RLSA OVERLAY 3.9.5.6 SUBMERGED MARINE HABITATS 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION 3.9.6.1 PURPOSE AND APPLICABILITY 3.9.6.2 REVIEW PROCESS 3.9.6.3 REQUIREMENTS A. OPEN SPACE REQUIREMENTS B. CONTIGUOUS NATIVE VEGETATION C. WILDLIFE CORRIDORS TAL~531109.2 2 3.9.7 VEGETATION PROTECTION STANDARDS 3.9.7.1 VEGETATION PROTECTION A. GENERAL 1. FILLING AND CONSTRUCTION DEBRIS 2. ATTACHMENTS 3. EXCAVATION 4. PROTECTIVE BARRIERS a. INSTALLATION OF PROTECTIVE BARRIERS b. DESIGNATION OF REPRESENTATIVE c. PROTECTION OF ALL AREAS OF VEGETATION d. PROTECTION OF INDIVIDUAL TREES 5. ADDITIONAL PROTECTION WITHIN REQUIRED BUFFERS 6. HABITAT PROTECTION 7. INCORPORATION INTO LANDSCAPE DESIGN B. NATIVE PRESERVATION CRITERIA 1. IDENTIFICATION 2. MINIMUM DIMENSIONS 3. CREATED PRESERVES 4. REQUIRED SETBACKS 5.INVASIVE EXOTIC VEGETATION REMOVAL AND MAINTENANCE PLANS 6.EXEMPTIONS 3.9.8 VEGETATION REMOVAL 3.9.8.1 CRITERIA FOR REMOVALAND/OR RELOCATION OF NATIVE VEGETATION A. STANDARDS B. MANAGEMENT PLANS C. INSPECTIONS D. VEGETATION RELOCATION 3.9.8.2 VEGETATION REMOVAL PERMIT A. APPLICATION CONTENTS 1. VEGETATION INVENTORY 2. SITE PLAN 3. EXECUTED STATEMENT B. REVIEW PROCEDURES 1. PERMIT FEES 2. ISSUANCE PERMIT 3. DENIAL OF PERMIT C. EXCEPTIONS FROM VEGETATION REMOVAL PERMIT REQUIREMENT D. EMERGENCY SUSPENSION OF PERMIT REQUIREMENT 3.9.8.3 OTHER PERMITS REQUIRED 3.9.9 AGRICULTURAL LAND CLEARING 3.9.9.1 AGRICULTURAL LAND CLEARING PERMITS A. EXEMPTIONS TAL~531109.2 3 1611 C. D. E. F. APPLICATION DETERMINATION OF COMPLETENESS CRITIERA FOR REVIEW ISSUANCE OF PERMIT RENEWAL OF PERMIT 3.9.9.2 AGRICULTURAL LAND CLEARING NOTICE 3.9.10. REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.11. DESIGNATION OF SPECIMEN TREE 3.9.12 ENFORCEMENT 3.9.12.1 PENALITIES A. FINES B. RESTORATION 3.9.12.2 CORRECTIVE MEASURES A. MITIGATION REQUIREMENTS B. MITIGATION PLAN C. CRITERIA AND PROCEDURE FOR REVIEW OF MITIGATION PLAN D. MONITORING AND REPLANTING 3.9.13.3 APPEAL OF ENFORCEMENT 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. Applicability. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. Exemptions and Exceptions. A. Seminole and Miccosukee Tribe Exception. Except that in accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of TALg531109.2 4 Bo either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. Agricultural Exemption. Aqricultural operations that fall within the scope of sections 163.3214(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 throuqh 3.9.9, provided that any new clearinq of land for agriculture shall not be converted to non-aqricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4.. throuqh and 3.9.6. are adhered to at the time of the conversion. The percenta.qe of native veqetation preserved shall be calculated on the amount of veqetation occurrinq at the time of the aqricultural clearinq, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature veqetation. Pre-existinq Uses. Exemptions from the requirements of Section 3.9.5 through Do 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existinq prior to June 19, 2002. 1. Such existinq uses shall include: those uses for which all required permits were issued prior to June 19 2002; or proiects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq uses. 2. Such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Obiectives for the Rural Frinqe Mixed Us~ Area, and they may be built out in accordance with their previously approved plans. Chanqes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Mixed Use Area as Ionq as they do not result in an increase in development density or intensity. Exempt Man.qrove Alteration Projects. Manqrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the manqrove trees, unless they are a part of a preserve. Mangrove alterations or removal is prohibited in any preserve. The Collier County planninq commission may grant a variance to the provisions of this section if compliance with the manqrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any TALg531109.2 5 other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth manaqement plan. Sec. 3 9 '!, ^'-'"""'~*; ....... ~ ..... TAL#531109.2 6 q04 O0 Dr,~nnrh, .......................................... nclud,,,,. TAL#531109.2 7 3.9.4. Veqetation Preservation Standards. All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. 3.9.4.1. General Standards and Criteria. A. The preservation of native veqetation shall include canopy, under-story and ground cover emphasizing the larqest contiquous area possible. Areas that fulfill the native veqetation retention standards and criteria of this policy shall be set aside as preserve areas, except for single family residential uses. Selection of preservation areas comply with Section 3.9.7 shall reflect the following criteria in descendinq order of priority: 1. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element; 2. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the TAL#531109.2 8 movement of wildlife through the site. This criterion shall be consistent with the requirements of Division 3.11. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. 3. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1) Any upland habitat that serves as a buffer to a wetland area, 2) Listed plant and animal species habitats, 3) Xeric Scrub, 4) Dune and Strand, Hardwood Hammocks, 5) Dry Prairie, Pine Flatwoods, and 6) All other upland habitats. 4. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required veqetation. A manaqement plan shall be submitted that complies with the requirements of Section 3.9.7. Existinq native veqetation that is located contiquous to the natural reservation shall be preserved pursuant to Section 3.9.6. Preservation areas shall be interconnected within the site and to adjbining off- site preservation areas or wildlife corridors. 3.9.4.2 Specific Standards for Urban, Estates, Conservation, Agricultural/Rural, Rural- Industrial, and Rural-Settlement Areas and Districts. For the County's Urban Designated Area, Estates Desiqnated Area, Conservation Desiqnated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as desiqnated on the FLUM, native vegetation shall be preserved on- site throuqh the application of the followinq preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstandinq the ACSC requirements, this policy shall apply to all non- agricultural development except for sinqle-family dwellinq units situated on individual lots or parcels. A. Required Preservation Table Non-Coastal High Hazard Development Type Coastal Hi,qh Hazard Area Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater Greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres. 15% TAL#531 ! O9.2 9 Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of 50%, not to exceed 25% of Industrial District only) the proiect site. the proiect site. Exceptions. An exception from the veqetation retention standards above shall be granted for development in the Urban Desiqned Area, Estates Desiqned Area, Conservation Desiqnated Area, A.qricultual/Rural Mixed Use District, Rural- Industrial District and Rural-Settlement Area District in the followinq circumstances: 1. where the parcel was leqally cleared of native vegetation prior to January 1989. 2. where the application of the vegetation retention standards above make the site usable for any use allowable under this Code. 3.9.4.3 Specific Standards for RFMU District. For Lands zoned RFMUD, native vegetation shall be preserved on site throuqh the application of the followinq preservation and veqetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. Receivinq Lands. 1. In Receivinq Lands, a minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located with desiqnated Sendinq Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sendinq Lands. c. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock veqetative communities. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native veqetation present, not to exceed 25% of the site. A. Neutral Lands. TAL#531109.2 10 Co 1. In Neutral Lands, a minimum of 60% of the native veqetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBM Overlay, a minimum of 70% of the native vegetation present shall be preserved, not to exceed 70% of the total site area. b. Where schools and other public facilities are co-located on a site, the native veqetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. Non-NRPA Sendinq Lands. 1. In Non-NRPA Sending Lands, 80% of the native veqetation present on site be preserved, or as otherwise permitted under the Density Blendinq provisions of Section 2.6.40. 2. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or veqetative retention requirement, at a ratio of 3:1, if such off- site preservation is located contiquous to Sending Lands. NRPA Sending Lands. 1. In NRPA Sendinq Lands, 90% of the native veqetation present shall be preserved or such other amount as may be permitted under the Density Blendinq provisions of Section 2.6.40. 2. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in NRPA Sendinq Lands. General Exceptions. 1. Non-conforminq, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU District, including nonconforminq lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearinq shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearinq necessary to provide for a 15-foot wide access drive up to 660 feet in lenqth. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearinq allowance where other provisions of this Plan allow for greater clearing amounts. These clearinq limitations shall not prohibit the clearinq of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County owned land located in Section 25, Township 26 E, Ran.qe 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existinq land fill operations; exotic removal will be required on the entire +/- 360 acres. 3. Discretionary Exception for Essential Public Services. The community development and environmental services administrator, or his/her desi.qnee, may grant written exemptions to the above preservation requirements on TAL#53 1109.2 1 1 agriculturally zoned property for essential public services (as provided for in section 2.6.9), where it can be demonstrated that it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existinq native veqetation. 3.9.4.4 Specific Standards for RLSA District. For lands within the FLSA District District, native veqetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.4 Density Bonus Incentives shall be granted to encourage preservation. A. Outside Rural Villaqes. In Receivinq Lands not designated as a Rural Villaqe, a density bonus of 0.1 dwelling units per acre shall be granted for each acre of native veqetation preserved that exceeds the requirements set forth in Section 3.9.4.3.1.1, once a density of 1 unit per acre is achieved throuqh the use of TDRs. B. Inside Rural Villaqes. In Receivinq Lands desiqnated as a Rural Villaqe, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native veqetation preserved that exceeds the requirements set forth in Section 3.9.4.3.1.1, once a density of 2 units per acre is achieved throuqh the use of TDRs and Bonus Units. 3.9.5 Wetland Preservation and Conservation 3.9.5.1 Purpose. The followinq standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These policies apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are requlated in Section 2.2.27. As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 SF-WMD land use and land cover inventory are mapped on the County's Future Land Use Map series. These areas shall be verified by iurisdictional field delineation, at the time of any proiect permitting to determine the exact location of iurisdictional wetland boundaries. For the purposes of this section, wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of iurisdictional wetland boundaries is further described by the delineation methodoloqy in Section 373.421 Florida Statutes. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of veqetation retention set forth in Section 3.9.4.3: 3.9.5.2. Urban Lands. In the case of wetlands located within the Urban desiqnated areas of the County, the County will rely on the iurisdictional determinations made by the applicable state or federal aqency in accordance with the followinq provisions: A. Where permits issued by such iurisdictional a.qencies allow for impacts to wetlands within this desiqnated area and require mitiqation for such impacts, this shall be deemed to meet the obiective of protection and conservation of wetlands and the natural functions of wetlands within this area. TAL#531109.2 12 B. The County shall require the appropriate iurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision. C. Collier County will work with the iurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County includinq, but not limited to: Natural Resource Protection Areas (NRPAs); lands tarqeted for a acquisition by a public entity such as CREW lands; public or private mitiqation banks; and other areas appropriate for mitigation, such as flow ways and areas containinq habitat for listed species. D. Within the Immokalee Urban Desiqnated Area, there exists hi.qh quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. Wet detention ponds within the Urban Desiqnated Area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. 3.9.5.3. RFMU District. Direct impacts of development within wetlands shall be limited by directinq such impacts away from hi.qh quality wetlands. This shall be accomplished by adherence to the veqetation retention requirements of Section 3.9.4.3 above and the followinq: A. Standards. 1. Wetlands havinq functionality assessment scores of at least 0.65 shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreaqe required in Section 3.9.4.2. The acreaqe requirements of Section 3.9.4.3 shall first be met by preservinq those on-site wetlands with the hiqhest functionality scores. 2. Wetlands utilized by listed species or servinq as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreaqe required in Section 3.9.4.2. 3. Wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.2. 4. Drawdowns or diversion of the .qround water table shall will not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surroundinq wetlands and be consistent with surroundinq land and project control elevations and water tables. In order to meet these requirements, projects shall be desiqned in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands usinq the South Florida Water Manaqement District's Unified Wetland Mitiqation Assessment Method, F.A.C. Chapter 62-345-Uniform Wetland Mitiqation Assessment Method (adopted 8/6/03). The applicant shall submit to County staff, a.qency TAL#531109.2 13 accepted scores. County staff shall review this functionality assessment as part of the County's ElS provisions and shall use the results to direct incompatible land uses away from the hiqhest functioninq wetlands accordinq to the requirements found in paragraph (1) above. Sinqle family residences shall follow the requirements contained within Section 3.9.5.4 Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot veqetated upland buffer adiacent to a natural water body. b. For other wetlands a minimum 25-foot veqetated upland buffer adiacent to the wetland. c. A structural buffer may be used in coniunction with a veqetative buffer that would reduce the veqetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencinq. d. The buffer shall be measured landward from the approved jurisdictional line. e. The buffer zone shall consist of preserved native veqetation. Where native veqetation does not exist, native veqetation compatible with the existinq soils and expected hydrologic conditions shall be planted. f. The buffer shall be maintained free of Cateqory I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. .q. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1)Passive recreational areas, boardwalks and recreational shelters; (2)Pervious nature trails; (3)Water manaqement structures; (4)Mitigation areas; (5)Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. Wet detention ponds shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Mitigation. Mitiqation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: 1. Mitigation Requirements: a. Loss of storaqe or conveyance volume resultinq from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adiacent to the impacted wetland. b. Protection shall be provided for preserved or created wetland or upland TALg531109.2 14 ;3- vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuinq exotic plant maintenance. c. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitiqation exceedinq that of the jurisdictional aqencies. d. Mitiqation requirements for single-family lots shall be determined by the State and Federal aqencies during their permittinq process, pursuant to the requirements of Section 3.9.5.4. Mitiqation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native veqetation, or a 50% reduction in required littoral zone requirements may be .qranted for projects that do any of the followinq: a. Increase wetland habitat throuqh recreation or restoration of wetland functions on an amount of off-site acres within the Rural Frinqe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreaqe required, or 20% of the overall project size, whichever is greater; or, b. Create, enhance or restore wadinq bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native veqetation preservation acreaqe required, or 20% of the overall project size, whichever is greater;or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and collier county after consultation with the applicable jurisdictional aqencies. 3.9.5.4. Estates and Rural-Settlement Areas. In the case of lands located within Estates Designated Area and the Rural Settlement Area the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional aqency, in accordance with the following: A. For sinqle-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a buildinq permit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual sinqle-family buildinq permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state aqencies of sinqle family building permits applications in these areas. 3.9.5.5. RLSA District. Within the RLSA District wetlands shall be preserved pursuant to Section 2.2.27 TALg531109.2 15 3.9.5.6 Submer.qed Marine Habitats. The County shall, in part, protect and conserve submer.qed marine habitats as follows: A. The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea-qrass beds are less than 100 square feet. When more than 100 square feet of sea-qrass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. B. Impacts to sea-qrass beds shall be minimized by Iocatinq boat docks more than 10 feet from existinq sea-grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea-qrass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. C. The protection of sea-qrass beds shall be a factor in establishinq new, or revisin.q existinq, speed zones to requlate boat traffic. 3.9.6. Natural Reservation Protection and Conservation: 3.9.6.1 Purpose and Applicability. Natural reservations shall be protected from the impact of surroundinq development. For the purpose of this section, natural reservations shall include only NRPAs and desiqnated Conservation Lands on the Future Land Use Map. Development shall include all proiects except for permitting and construction of sinqle-family dwelling units situated on individual lots or parcels. 3.9.6.2. Review Process. All requests for development contiquous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. Requirements. The followinq critiera shall apply within the RFMU District only. A. Open Space. Open space shall be required to provide a buffer between the proiect and the natural reservation. 1. Open space allowed between the proiect's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, .qolf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: a. preservation areas; b..qolf course rouqhs maintained in a natural state; c. stormwater manaqement areas; d. pervious nature trails and hikinq trails limited to use by nonmotorized vehicles. B. Open Spaces as Buffers. 1. The uses in paragraph B.2 above are encouraqed to be located as to provide a buffer between the natural reservation and more intensive open space uses, includinq playgrounds, tennis courts, .qolf courses (excludinq rou.qhs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. Within the Rural Frinqe Mixed Use District, these more intensive open space TAL#531109.2 16 16il BIO uses may not be located closer than 300 feet to the boundary of the natural reservation. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wadinq bird roosts are found in the adjacent natural reservation, the open space uses identified in sub-sections B.2.a. throuqh c are considered acceptable for placement within a buffer as Contiquous conti.quous specified below: a. Woodstork (Mycteria americana) rookeries, bald ea,qle (Haliaeetus leucocephalus) nests - 1,500 feet; b. Wadin.q bird roost - 300 feet; c. These buffer distances shall only apply to the identified entity within the natural reservations. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such chanqes shall be deemed consistent with the Growth Manaqement Plan. Native Veqetation. Existinq native veqetation that is located to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. Wildlife Corridors. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species throu.qh the project to the natural reservation. The County shall consider the recommendations from the USFWS Sec. 3.9.~.7. 3.9.8.!.2. 3.9.8.!.3. 3.9.8.!.4. 3.9.8.!.5. Vegetation ~ protection .,,,,4 ........ ,i,-,,, standards. I. A._:. General. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. 1. Filling and construction debris. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 2_ Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 3_ Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. 4. Protective barriers. ~a_lnstallation of protective barriers. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the TAL#531109.2 l 7 1611 completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. ~..b.Appficant's representative required. The applicant for a vegetation removal permit shall, at the time of application, designate re p resentative (s): 1) Who shall be responsible for the installation and the maintenance of all tree protection barriers. 2) Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. ~c_Protection of afl areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. 4=.d~Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. Incorporation Into Landscape Design. To the greatest extent possible, native vegetation, in quantities and types set forth in division 2.4 of this code, shall be incorporated into landscape desiqns in order to promote the preservation of native plant communities and to encouraqe water conservation 3.9.8 Vegetation Removal, Replacement, and/or Relocation 3.9.5.2.8.1. Criteria for Removal and/or Replacement of Protected Vegetation. A. Standards. The de~ environmental services director may approve an application for vegetation removal permit ~'oo~"~ on *~'~' ¢'-~' .... ~"" "-~*~'-~"' if it is determined that reasonable efforts have been undertaken in the layout and desi.qn of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existinq vegetation in the desiqn process. Relocation or replacement of veqetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the followinq conditions: 3.9.8.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. TAL~531109.2 ~2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. ~3. A final local development order has been issued which requires removal of the protected vegetation. 3.9.8.2.,!,. Compliance with other codes and/or ordinances may involve protected vegetation removal. '~ .... ' ..... + * ......... ~x!cting ..... *'-*; .... '~ +'-, "'*~' .... ; .... ~'°""'~ '~ .............. '" """"""~'' l''''''''-''~''~'''' ........ '"'1""""'""-"'""'" '"' '~"' .... ""' accordanc~ with tho critoria set forth in this division. ~6 D,.,,,,~,,,~,,~ ..... ,o,; ......... '~ ¢ ......... ~; ...... *;'"' Replaceme t of nonnative vegetation shall be with native vegetation of comparable caliper and area and shall be subject to the approval of the development services director or his/her designee. In the event that comparable caliper or diameter at breast height (dbh) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping be accepted. (Exceptions will be granted for removal of nonnative vegetation as listed in sections 2.4.4.9 through 2.4.4.11. The replacement requirement for this vegetation shall be on a 1:1 basis, using the minimum mitigation size criteria listed under section 3.9.7.) Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.8.2.7. On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. ~8. The proposed mangrove alteration has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17- 321.802, or 17-321.803 as may be amended. 3.9.8.2.9. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B Veqetation relocation plan. If veqetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the development services director provided that it can be demonstrated that early TAL#53 ! 109.2 19 1611 transplantation will enhance the survival of the relocated veqetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the development services director. 3.9.5.3.8.2 Management Plan and Inspections. A.~. Management plan required. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.8.3.1. Whether or not the existing vegetation is to be preserved in the existing species composition. ,:3~M~.2. If applicable, the manner in which material is to be preserved (hand removal burning, etc.). 3.9.8.3.3. The maintenance schedule for the ~.4. The maintenance schedule for the 3.9.8.3.5. Other information that may be services director that is reasonable and the composition of existing plant of invasive species, prescribed removal of invasive species. removal of debris. required by the development necessary to determine if the management plan meets the requirements of this Code. ~ C. On-site inspection. The ~ environmental services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the t~re~m,,a~m standards set forth in section 3.9.8.5 below. TAL#531109.2 2 0 1611 3.9.5.5.4. or ,v,,v~,~,,~ ,,,,,,,,,,~,,, ~,~v~ ~,,~,, ~,], v;,~ ~,,~,, ~,~,,~ vv~,~ ,,~ ~,,~,, TAL~531109.2 21 16tl ~'" I"" '-'"""' · ,.4, 'aP't" ~1-" '~" t''~' ~' ' ..................................... ~ ....... ~ .................... ~ · , ~ ..... ~,,~..,,,~ , ......... ~,,, ~,~ ~, , ~,] .... ~ ~,,~,, o~a., ,+ ~.~a, ,.+~.. ~.~.+~,. ........ -. ...... ,~-,~' r~cs~-.,,,~, ~-,-, :'+~' ~,,~°~a egg ~ .......... , ........... ~, ~, ~ ........ ~ ........ j~, to ~+~+~ ~ :'or;~ Game ~-~ :-~ X~a+~ :;~h ~;~; ..... ~;+~ For any time +~e TALf1531109.2 22 .810 3.9.5.5.6.9_ Native Preserves 3.9.9.1 General Criteria AA_Identification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be set-aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site plans. ~B._:.Minimum dimensions. The minimum width of the preserve shall be: a-:l.twenty feet, for property less than ten acres. ~.2_an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. ~3_an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. C. Required Setbacks to Preserves. All pr~nc~pal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not neqatively impact that wetland.) 3.9.9.2Created Preserves. Where created preserves are approved, the landscape plan shall re-create a native plant community in accordance with the vegetation sizes and standards set forth in 3.9.5.5. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. A. Created Preserves as Mitiqation. ~l_Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may be used to recreate: ~a_not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. i~.b_not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. iik. c_.not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. o The ,~;,~; .... ~; .... ; .... ~-[[ ..,-,,-,[ ...... * ;.-.,-*t., ;,-, q 9 5; c '~ TAL#531109.2 23 ~.2_.AII perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. ~.B. Exceptions. Created preserve exceptions may be granted: ~l_when a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. ~2_when small isolated areas (of less than ¼ acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of ¼ acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. ~.3.W-when an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. ~ .... ;,,,,4 ~,~+~,o,.L...o ~,, P,"~s~P.'~. A~I ,',,-;,-,,-,;r,o! ,:,+ .... f ...... h,M! h .... ~ ..,~.!~!mu.r~.. 3.9.9.3 /nvas/ve Exotic Vegetation Remova/ and Maintenance P/ans. Exotic vegetation removal and maintenance plans shall require that catego~ I exotics be removed from all prese~es. The exotics within the first 75 feet of the outer edge of eve~ prese~e shall be physically removed, or the tree cut down to grade and the stump treated with a U.S. Environmental Protection Agency approved herbicide and a visual trace dye applied. Exotics within the interior of the prese~e may be approved to be treated in place, if it is determined that physical removal might cause more damage to the native vegetation in the prese~e. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Exotics within the interior of the prese~e may be approved to be treated in place, if it is determined that physical removal might cause more damage to the native vegetation in the prese~e. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. A maintenance plan shall be implemented on a yearly basis at a minimum, or more frequently when required to effectively control exotics, and shall describe specific techniques to prevent reinvasion by prohibited TAL#531109.2 24 exotic vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local development order. 3.9.9.4 Exemptions. Applications for development orders authorizing site improvements, i.e., an SDP or FSP and on a case by case basis a PSP, that are submitted and deemed sufficient prior to June 16, 2003 are not required to comply with the new regulations in section 3.9.5.5.6.9 adopted on June 16, 2003. 3.9.10. Requirement for removal of prohibited exotic veqetation. 3.9.10.1. Prohibited exotic veqetation removal and methods of removal shall be conducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. 3.9.10.2.Protection of native veqetation, according to the applicable provisions of this division shall be required durinq prohibited exotic veqetation removal. 3.9.10.3. Prohibited exotic veqetation shall be removed: A. From all rights-of-way, common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improvements; B. From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. C. From all golf course fairways, roughs, and adiacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; D. From property proposing any enlargement of existinq interior floor space, paved parking area, or substantial site improvement; E. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 3.9.10.4. Verification of prohibited exotic veqetation removal shall be performed by the development services director's field representative. 3.9.10.4.1. Herbicides utilized in the removal of prohibited exotic veqetation shall have been approved by the U.S. Environmental Protection Agency. 3.9.10.4.2. When prohibited exotic veqetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Aclencv approved herbicide and a visual tracer dye shall be applied. 3.9.10.5. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic veqetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic veqetation of TALg531109.2 25 the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this division. 3.9.10.6. In addition to the other requirements of this division, the applicant shall be required to remove on sinqle-family and two-family lots for all new principal or accessory structures and maior additions to any principal or accessory structures, all prohibited exotic veqetation before a certificate of occupancy is granted. The removal of prohibited exotic veqetation shall be required in perpetuity. Upon issuance of a veqetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential sinqle-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.11. Desiqnation of specimen tree. By resolution of the Collier County Board of County Commissioners, a plant may be designated a specimen tree because of its historical significance, rarity in Collier County, a.qe or extraordinary size. A public hearinq shall be held with notice provided to the property owner by certified mail. The desiqnation shall be recorded in the official records of the clerk of the circuit court. All recordinq fees are the responsibility of the Collier County Board of County Commissioners. 3.9.12 Required Permits and Notices 3.9.12.1 Veqetation Removal Permit A. Other permits required. No veqetation removal permit shall be issued by the environmental services director until all applicable federal and state, and county approvals as desiqnated by the development services director have been obtained. These approvals may include, but are not limited to: 1. Buildinq permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. Florida Department of Environmental Protection permits or exemptions. 4. U.S. Fish and Wildlife Service permits or exemptions. 5. Florida Fish and Wildlife Conservation Commission permits or exemptions. 6. South Florida Water Manaqement District permits or exemptions. 7. Other applicable a.qency reviews or permits or exemptions. 8. Other county approvals. Application contents. Application for a veqetation removal permit shall be submitted to the development services director in writinq on a form provided by the development services department. The application shall include the following information: 1. A generalized veqetation inventory which includes: TAL#531109.2 26 a. Generalized veqetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of veqetation ur)on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustratinq typical areas of veqetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected veqetation, and may be accompanied by photographs or videotapes illustratinq typical areas of veqetation referenced to positions on the aerial or survey. The .qeneralized veqetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of veqetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors which may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledqeable in the identification and evaluation of veqetative resources1 such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. A site plan which includes: a. Property dimensions. b. Location of existinq infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations. d. The location and species of all protected veqetation. Larqe stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. Specific identification of all specimen trees. Designation of all protected veqetation proposed for removal. Location and details of protective barricadinq of the vegetation to be retained. h. Description of any proposed alteration of manqroves. i. Description of any proposed maintenance trimminq of manqroves. executed statement which includes: Name, address, and phone of property owner. Name, address, and phone of authorized aqent and on-site representative. Proof of ownership. Leqal description. Reason for proposed removal. An TAL#53 t 109.2 27 161 R10 Method to distinquish veqetation to be removed from veqetation to be preserved and method of removal. It should be noted that the root system of the veqetation shall also be protected. .q. Signature of property owner or copy of a specific contract siqned by property owner. ~ C_.: Review procedures. 3~e4&l. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development services director '-"'~ ~ ............ '+~'-'-+~ ...... ;+" +~"- "~+ .... ' ...... ~,'"o dicec:,ter-may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days ..... + ¢ ~. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida department of environmental protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director '~"'~ ~ ............ '*'--'-+; ..... ,.,;+~. ..... * ........... ~;° ~'°~ .... The development services director ,-,,~,-r~i+c- +he ~'~' '"'~"' .......... '+""~*;"" ~, .......... j m3na~er '-- ~'is ~o; .... may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall [be] cause to void the vegetation removal permit. 3~1&2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 3.9. ! 0.3. Permit fees. a_ All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee unless specifically exempted by the development services director pursuant to this Code. The board of county commissioners shall establish and adopt, by resolution, a schedule of fees for vegetation removal, review and approval permits. The schedule of fees and the resolution establishing such fees shall be on file with the clerk to the board. The schedule of fees may be changed by resolution of the board of county commissioners. b. A vegetation removal fee is not required to remove the followinq prohibited exotic ve.qetation from developed property or from undeveloped property after a ve.qetation removal permit has been issued' 10. Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Brazilian pepper (Schinus terebinthifolius). Earleaf acacia (Acacia auriculiformis). Catclaw mimosa (Mimosa pi.qra). Java plum (Syzy.qium cumini). Downy rosemyrtle (Rhodomyrtus tomentosus). Women's tongue (Albizia lebbeck). Climbinq fern (Ly.qodium spp.). Air potato (Dioscorea bulbifera). TAL#531109.2 2 8 11. Lather leaf (Colubrina asiatica). 3.9. ! 0.4. D.~. Exceptions v..~,~ .v~,~,, ,,~,,, ~v.~,~l~ p.,vl~v,~$ v, ,,v,., ~,,~vv~,~v~ / ' '~'~"~'' ~"'~ ~'"'~ ~"/" ky/ ~,~,,,~,, ~, ~v,,,,,~ .v,~,,,k,,,,~,,~/. /A % ~rl~; ~;~ /A~;~ ~, ,r;~, ,I;;~r~;~% ~ '/ ~''~--' ~'~ k' '~'~ ~''~"'v'""~/' ~vI v~kvJ~.. ~,.,,,,,~ ~,~,~ . [~ I~ nl..~ I~,~,~;..~ ~..~;~;~ ~/ ~-~ ~.~... ~]~.~... ~......./. ~Al~'o ~,,~ /~[N;~;~ ~[; ~; ~ 3.0.!0.d.2. ~. Except for lots on undeveloped coastal barrier islands, and any projoct proposin~ to altor man,rove troos, a vo~etation romoval permit for clearin~ OhO acre or less of land is aot roquirod for tho romoval of protoctod voootation, othor than a spocimon troo on a parcol of land zonod residontial, sinCe-family (~SF), village residential (VR), a~dculture {A) or estates (fi), or othor nona~dcultural, non-sondinq lands, non-~R~A, noncommorcial zonin~ districts in which sin~lo-family lots havo boon subdividod for sin~lo-family uso only, whoro the followin~ conditions havo beon mot: "4 0 'lt~ A 't (1) a. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or ~ b. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. ~, / ~, ~, .~ ............... 0 38 ~ 2= A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development sewices director as pad of ~he fina[ development order. 3.g.!0.d.5.3= A vegmation removal permit is not required for the removal of protected vegetation other than a specimen tree from the properly of a Florida [icensed tree farm/nurse~, where such vegetation is imended for sale in the TAIJ¢531109.2 29 810 ordinary course of the licensee's business and was planted for the described purpose. iMh44M~z4~ A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch [swath] less than three feet in width. mangrove m~e ~"~" ~ ....+" "~""~"~ co~'cc'o ......... + ..... ~ .... +~~ tho unnecesc3~,,,_, ~, ,.~~--a-k;- ~,,~- ,k.,,~ ............... ~ ..,,~, ~,., ,J ~+h--., ,~. person ;,,, .... ~, ,.,~,+-~ of ~ 5~ A vegetation removal permit is not required for the removal of protocted vo~etation prior to Buildin~ pormit issuanco if tho conditions set fo~h in soction 3.2.8.3.~ havo boon met. 3.9.11.12.2 Agricultural land clearing. A. Land Clearinq Permit. A permit for clearing of agriculturally zoned land for bona ~ agricultural uses that do not fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statues,,.,,oo ,,,.,,,,w'~"~"'-'~ .,~"' *~';s.,,, ,,,,,,,,,""'~" shall be required for all agricultural operations except as exempted by section 3.9.~.5.~12.2. of this Gede. 3.9.! ! .1 .Appfication. An application for an agricultural clearing permit shall be submitted in the form established by the development services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: (1) a_lf an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the development services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (--2-) b_. The application, including generalized vegetation inventory and clearing plan as outlined in sections 3.9.4.2.1, 3.9.4.2.2 and 3.9.4.2.3, and site visit (if required) confirm that the proposed use is consistent with the TAI.~531109.2 30 requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (,3-) c. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. {-4-) d.The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (5) e. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. ~ f. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. (7-) .q. The property owner, or authorized agent, has filed an executed agreement with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by section 3.9.6.5(8) [3.9.6.5.1 (8)]. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. (-~ h. The property owner, or authorized agent, has filed an executed agreement with the development services director stating that the owner/agent is aware that the Collier County board of county commissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing permit by the development services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.11.2. Determination of completeness. After receipt of an application for an agricultural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.6.58.1 must be addressed in order to obtain a determination of completeness. If the application is not complete, the ~ environmental services director or his designee shall notify the TAL#531109.2 31 applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness may be made in accordance with the followinq: a_ Where the applicant submits, as part of the application for an agricultural clearing permit,, a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or fe~ an ACOE permit or exemption, as-al~l~a~, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further county review and providing that all other deficiencies in the application have been addressed. b_ A determination of completeness or a modified determination of completeness shall be made, in writing, within ten business days of receipt of the completed application. 3.9.1 ! .3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance of the determination of completeness or modified determination of completeness and shall be completed within 20 business days from the date of issuance to the applicant of a determination of completeness except where additional data and or information is required to address environmental impacts. Where such additional data and or information is required, staff shall have ten business days to complete review of the application after receipt of said additional data and or information from the applicant. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: ~a_.A determination of completeness or a modified determination of completeness has been issued to the applicant. ~..b_An on-site inspection has been made by staff, if indicated. ~.c_.Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Development Code, as may be amended from time to time. d. Additional data and or information required by the county to address environmental impacts shall be submitted by the applicant upon written request by staff. Such request shall be sent by certified mail, return receipt requested. Such additional data and or information shall be submitted to the county by the applicant within the 20-day review period specified i~ section 3.9.6.5.3 above or the application for an agricultural clearing permit shall be denied unless the applicant has petitioned the county in writing for an extension of time. 3.9.! ! .'1. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with section 3.9.6.5_9.3, the development services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing within ten business days of TAL#531109.2 32 receiving a completed application for an agricultural clearing permit. For purposes of this section, an application for an agricultural clearing permit shall not be complete until all applicable conditions specified in section 3.9.6.5.1 are addressed and attached to the application, including applicable permits or exemptions from the SFWMD or ACOE. Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. 3.9. ! ! .5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the ~ environmental services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity i~ accord3nse '*';*' *' ...... ; ..... +o ''~ °~"+;~'".,,, ,..,,, '~ ~ ~.. ~" '''~ *';° r,~,,~,~. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 3.9.! ! .6. Exemptions for agricultural clearinq permit. ~a_. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. 2-=.b_ Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. TAL#531109.2 33 · ~. c..., No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God providing that: ~.(1) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; ~.(2) The tree is not a specimen tree; ~.(3) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; · .(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. ~(5) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. B. Land Clearinq Notice. No later than 60 days after ve,qetation is removed as part of agricultural operations that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the followinq information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2. the date on which land clearinq commenced; and 3. the date on which land clearinq was completed. TAL#531109.2 34 ~., v~...,.~ ....... v..,,o's, shall, prio; *o. ......~ ..... "s~. ~. !and or ...........,* ..... ~, ...,*-,,., ....... , ....,,,..,,,.¢"-~' +..... ,~......., ..... ~o,i ....... m...~--:~"' this TAL#531 I09.2 35 B .LU 3.9.13 Enforcement 3.9 .... 13.1 Penaltyies. A.Fines. 1. The failure of a property owner or any other person to obtain an approved --,--"'-,,[* .... ~ "~"--~r`" permit as required in o'-"*~'-r` 3 9 6 A -~ this Division shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring iniunctive action to enioin the removal of veqetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural clearinq permit or provides notice of agricultural clearinq pursuant to Section 3.9.12.2, to put the subject premises into a bona fide agricultural use ac mquirod in soction 3.9.6.5.1(7) shall constitute a misdemeanor feF ~,,k;,-~k ~k,~ ,-~,-,r;,-,, ,H', ,roi ,-,I,~,-,r;r`,-, so,r`:!c~s al!rooter and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. ,,r~,-,r-, ~',,-,,',,,;,",H,'~r` c,l.~,-~ll I.-,,.~ in vlo!~t!on of this Code. B_.Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: TAL#531109.2 36 (A-)I. The restoration plan shall include the following minimum planting standards: (1) a~ln the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. fo~,~, _b. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. (3) c_AII replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. (4-) d. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). (~ e_lt shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. (~-)2. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (C)3.The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. (-D-)4_ If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. z~--)5. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. ~-)6. The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. TAL#531109.2 37 f~? The donation of land and/or of funds under the control of a public agency ~,, · may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.~=9~.13.2. Corrective measures for environmental violations. A. Mitiqation 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for [sic]. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. ~ B.~. Requirements for a mitigation plan. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. TAL~531109.2 38 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. C._~. Site-specific review criteria_. All plants used for mitigation shall be native Florida species. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. ~ D_= County review of mitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. 3.9.6.9.4._E. Monitoring and replanting. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. TAL~531 ! 09.2 39 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. ~ F_ Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.13.2.3.9.~.9 3.9.~.9.,1 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~14. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.81_.~5. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8.15.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.8.15.2. The vegetation removal is necessitated by disaster related damage. 3.9.8.15.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). 3.9.815.4. The vegetation to be removed is not a specimen tree. TAL~531109.2 40 Halas Henning ~ ,4~vl~oey ~o~lltea 2685 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MOTIONS AND MINIfFES September 4, 2003 Carol Wright moved to approve the Sept. 4* Agenda as amended. Seconded BJ Boyer - Carded unanimously 3-0. III. APPROVAL OF MINUTES: BJ Boyer moved to approve the minutes of August 7, 2003. Seconded Carol Wright. Carried unanimously 3-0. TRANSPORTATION SERVICES REPORT: No information has been received from the Appraisers Office at this time concerning the problem of removing properties from the VBMSTU and reduction of the $334,820.21. Bob Petersen mentioned Diane Flagg had been handling it and he had not heard anything. Mr. Lydon stated they need to get the message across that they need answers. He will speak with Jim Mudd and Commissioner Halas concerning approaching Dwight Brock. Carol Wright moved to pursue the investigation with the County Appraiser concerning the situation discussed earlier. Seconded BJ Boyer. Carried unanimously 3-0. Ad~tsoty ~otntnltt~ 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 October 2, 2003 AGENDA II. III. IV. V. Xo CAI I. MF, Eq~NG TO ORDER ATTENDANCE APPROVAL OF MINUTES: September 4, 2003 APPROVAL OF AGENDA TRANSPORTATION SERVICES REPORT: A. Budget Report LANDSCAPE MAINTENANCE REPORT: OLD BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. B. Benches C. Update on County Appraiser Information NEW BUSINF3S: A. Committee Discussion with Wilson Miller PUBLIC COMMENTS ADJOURNMENT The next meeting is scheduled foe E:O0 PM, November 5th, ~003 AT ST. ,TOHNS CATHOLIC CHURCH 625 111TM Ave. N~ples, FL 2685 Horseshoe Drive South Naples, FL 34104 September 4, 2003 Minutes IV. V. Meeting was called to order by Dick Lydon at 2:33 PM. ATTENDANCE: Committee Members: Dick Lydon, Carol Wright, B.J. Savard-Boyer, Charles Arthur-Excused, Bud Martin-Excused. Collier County: Bob Petersen & Val Prince - Transportation Operations Others: Robert Kindelan-Commercial Land Maintenance, Dayna Fendrick- Wilson Miller, Sue Chapin-Manpower Services -Mr. Lydon mentioned Utility Lines and Master Plan can now be taken off "Old Business". -Carol Wright wished to speak about "Benches" under Old Business. -Mr. Lydon added "Change Nov. meeting date" under New Business. Carol Wright moved to approve the Sept. 4th Agenda with the above changes. Seconded by BJ Boyer. Carried unanimously 3-0. APPROVAL OF MINUTES: BJ Boyer moved to approve the minutes of August 7, 2003. Seconded Carol Wright. Carried unanimously 3-0. Sue will ,mail the summaries that are mailed to the Commissioners to Mr. Lydon and the committee members. TRANSPORTATION SERVICES REPORT: To be given later. LANDSCAPE MAINTENANCE REPORT: Robert Kindelan/CLM - Normal Maintenance being done - Has picture of Sprint truck parked on grass and will submit to Val & Bob. - Will check on what damage might have occurred with Sprint truck. - Fertilize - September - in next two weeks. - Pick up branches/fronds when possible - Some plants need replacing. BJ asked that the Sea Grapes be trimmed. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the budget. The estimated Revenues are $603,200. They currently have $577,000 in Reserves. He also handed out a proposed budget sheet for the 2003-2004 fiscal year starting October 1, 2003. (Anticipated Expenses). The transfers are given by the Budget Office. There were some discrepancies that will be corrected in September for the next fiscal year with new encumbered numbers that will balance. No information has been received from the Appraiser's office at this time concerning the problem of removing properties from the VBMSTU and reduction of the $334,820.21. Bob Petersen mentioned Diane Flagg had been handling it and he had not heard anything. Mr. Lydon stated they need to get the message across that they need answers. He will speak with Jim Mudd and Commissioner Halas concerning approaching Dwight Brock. VI. OLD BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. - no information. B. Utility Lines C. Master Plan (Architects) D. Benches - Carol mentioned the benches look awful. They need to be sanded and refinished but with the rains makes it impossible to do. Bob Petersen suggested they be pulled inside to do it correctly. Robert Kindelan had taken the last ones apart to finish them completely. It was suggested to buy new slats and refinish. Robert will investigate solutions and let BJ know. VII. NEW BUSINESS: B. Date change for November meeting - Mr. Lydon has a conflict with the 6th of Nov. and will be out of town for the first two weeks in December. The November meeting was changed to Wed. November 5t~ at 2:00 PM. A. Committee Discussion with Wilson Miller - Dayna Fendrick handed out the services proposal and budget. It included an Overview and Scope of Services with Description and Fees. Discussion followed concerning the fees and where the funds will come from. $50,000 bad been estimated and put in the budget previously. Dayna explained the different tasks and man hours and how they are applied. Val can do a Budget Amendment and move additional funds to make up the difference when needed if they so choose. It was decided the Committee look over the materials and email Dayna any questions they may have. Dayna will also go over the materials and recommend where fees may be cut for non-essential items and yet not affect the quality of Ye Master Plan. !61i '011 Mr. Lydon questioned the billing process. Val mentioned they can get paid in a lump sum or do a work order for the particular tasks done and draw off that, or they can bill for a percentage of work completed. The next meeting will be for October 2na at 2:00 PM during the school year instead of 2:30 PM. Carol Wright moved to pursue the investigation with the County Appraiser concerning the situation discussed earlier. Seconded BJ Boyer. Carried unanimously 3-0. PUBLIC COMMENTS - None X. ADJOURNMENT - Being no further business to come before the Committee, it was adjourned at 3:40 PM. The Nexl' schedule meeting is scheduled for 2:00 PM. October' :~. :~005 AT ST. ,TOHN$ CATHOLIC CHURCH 625 ~1~.TM Ave. Naples, FL TO: Mr. Robed L. Petersen Engineer II Collier County Transportation Operations Department 2705 South Horseshoe Drive Naples, FL 34104 FROM: DATE: RE: Dayna L. Fendrick, RLA, AICP Kevin G. Mangan, RLA Senior Associate Vice President, Principal September 4, 2003 Professional Services Proposal for Vanderbilt Beach Beautification Master Plan OVERVIEW 1.1 WilsonMiller, Inc. (WilsonMiller) has been selected to render Master Planning services to Collier County Transportation Department (Client) for the Vanderbilt Beach Beautification (VBB) Master Plan (Project). 1.2 The Project includes approximately 4.8 miles of roadways, including Vanderbilt Drive, Vanderbilt Beach Road, Gulf Shore Drive and Bluebill Avenue. The limits of the MSTU District are shown on Exhibit A. The Project is generally described as design of streetscape improvements including elements such as traffic calming, bikeways, sidewalks, street lighting, burial of overhead utility lines, entry monuments, landscape and street furnishings. 1.3 The Project will be funded primarily through the VBB MSTU, and the design will be subject to review and approval by the VBB MSTU Advisory Committee (Committee) and the Client. 1.4 This Work Authorization will be administered under the current Agreement for Professional Landscape Architectural Services. SCOPE OF SERVICES 2.1 Data Gatherinq & Analysis 2.1.1 Review and evaluate the following information to be provided by Client: Existing roadway record drawings/as-built drawings for purposes of locating pavement, underground utilities, drainage structures and water management areas, easements and other elements that could impact design. · Bicycle and pedestrian crash data. 9/3/2003-127125 Vet: 01!- DFenddc CA#43 Z5555-555-555- - 0 Mr. Robert Petersen 161! Page 2 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 · Traffic volume and speed survey data. · Intersection geometries for the four major intersections. · Turning movements at the four major intersections. · Previous beautification plans and/or other relevant studies. Ongoing transportation plans for the potential turnaround at Gulf Shore Drive and Bluebill Avenue, and the sidewalk at the south end of Gulf Shore Drive. Conduct traffic counts at 4 locations. Compile existing relevant maps, aerials and photographs. Identify and document existing street furniture, signage and landscape treatments and areas of potential opportunity. Conduct a permit search to identify water management, right-of-way, and environmental permits that are related to or have a significant impact on the Project. Coordinate with an FPL representative to determine criteria and costs for burial of overhead lines. Prepare base data for master planning utilizing the Planimetric Data provided by the Property Appraiser's office, in conjunction with Collier County aerials and the roadway record drawings provided by Client. Base data may be sufficiently accurate for planning purposes, but will not be appropriate for the next phase of construction documentation. Evaluate the information gathered, .~nd prepare a Site Opportunities and Constraints summary. The summary may be in graphic form, and will incorporate the information gathered to establish guidelines for the location and design of site improvements. Prepare a news release for distribution to the MSTU Community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Property Owners Association. The purpose of the news release will be to inform the community and to introduce the master planning project. 9/3/'2003-127125 Vet: 01!- DFendric Z5555-555-555- - 0 Mr. Robed Petersen 1611 Page 3 2.2 2.3 2.4 2.1.10 The work products of Data Gathering & Analysis will include: · AutoCad base maps overlaid on aerials · Site Opportunities and Constraints graphic summary · Press release Additional Data Collection As part of the existing conditions analysis, it may be determined that additional data are necessary to further the development of the Master Plan. Data collection may include additional traffic counts at key locations, turning movements counts, speed and delay studies, origin/destination studies, survey base data, rectified aerial photography, etc. If it is determined that additional data collection is needed, the scope of such will be discussed with the Client Project Manager. Preliminary Plans 2.3.1 Prepare up to three conceptual alternatives for the defined roadways, including typical plans and cross-sections, color renderings and image boards. Plans will address the program elements listed in paragraph 1.2. 2.3.2 Prepare an order of magnitude opinion of cost as a comparative analysis of the range of alternatives to facilitate the decision-making process. 2.3.3 Organize and facilitate one community workshop, to be held at a regularly scheduled Advisory Committee meeting. The purpose of the workshop will be to review the preliminary plans, solicit community feedback on the preliminary alternatives, and select preferred alternatives. Wilson Miller will prepare a news release to advertise the workshop, which will be distributed to the community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Property Association. The news release will also be provided to the Naples Daily News for a wider distribution. 2.3.4 The work products of Preliminary Plans will include: · Preliminary plans and sketches (1 full size color plot of each sheet, mounted on boards, and 10 reduced copies of each sheet) · Press release · Opinion of cost (10 copies) Consensus Plan 2.4.1 Summarize comments gathered at the community workshop to ascertain preferred alternatives and guide design decisions. Adjust and refine the preliminary plans to incorporate community comments and Committee input, and prepare one consensus plan. 2.4.2 Prepare a conceptual opinion of cost based on the consensus plan. 9/3/2003- 127125 Vet: 01!- DFenddc cA#43 Z5555-555-555~ - 0 Mr. Robert Petersen Page 4 2.5 2.4.3 Prepare a preliminary phasing plan to prioritize improvements and illustrate the potential incremental implementation. 2.4.4 Meet with Client and Committee to review consensus plan, opinion of cost and phasing plan and to confirm goals of Committee and community are reflected. 2.4.5 The work products of the Consensus Plan phase will include: · Consensus plan (3 full size color plots and 10 reduced color copies) · Conceptual opinion of cost (10 copies) · Preliminary phasing plan (3 full size color plots and 10 reduced color copies) Final Master Plan 2.5.1 Based on Committee and Client's review and approval of the consensus plan, incorporate comments and proceed with final master plan refinements. The final master plan will reflect the defined program elements, which may include: · Traffic calming techniques and locations · Bikeways and sidewalks · Landscape design and plant palette · Street lights, street furniture and special paving materials · Entry monuments and signage concepts · Burial of overhead utility lines 2.5.2 Prepare an opinion of probable construction cost based on the final master plan. 2.5.3 Prepare a phasing plan. 2.5.4 Prepare a Final Master Plan Report summarizing the master plan recommendations, phasing, opinion of cost, and outlining the long-term vision of the master plan. 2.5.5 Present the Final Master Plan to the Committee and MSTU Community at a regularly scheduled Committee meeting. WilsonMiller will prepare a new release to invite the community to review the final master plan at the meeting. The news release will be distributed to the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Property Owners Association, and the Naples Daily News. Collier County Commissioners will be invited to the meeting as well. 2.5.6 Provide the Final Master Plan to be scheduled on the Board of Collier County Commissioners agenda for adoption. 913/2003- 127125 Vet: 01!- OFencidc CA~43 Z5555-555-555- - 0 Mr. Robert Petersen Page 5 2.5.7 The work products of the Final Master Plan phase will include: · Final master plan (3 full size color plots and 10 reduced size color copies) · Opinion of cost (10 copies) · Phasing plan (3 full size color plots and 10 reduced size color copies) · Final master plan report (15 copies) · Press release 2.6 Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service, travel and long distance telephone calls shall be reimbursable to WilsonMiller. 3 ASSUMPTIONS 3.1 The design work will commence approximately in the fall of 2003 and will be completed by the end of March 2004. This time frame will allow for the review and participation of seasonal residents of the community. 3.2 WilsonMiller representatives will attend the monthly meetings of the Committee during the specified time frame, including the two meetings at which the public workshop and presentation will take place. Should any additional meetings be requested or necessary, they will be performed as additional services. 3.3 The Client will provide the information outlined in paragraph 2.1.1. Should it become necessary for WilsonMiller to collect a portion of the information, the scope of such data collection will be determined with the Client Project Manager, and will be provided as additional services. 4 FEES The fees for SCOPE OF SERVICES as defined in Section 2 shall be as follows: Paragraph Description Fee Type Amount 2.1 Data Gathering and Analysis Fixed $24,380.00 2.2 Additional Data Collection Fixed TBD 2.3 Preliminary Plans Fixed $20,580.00 2.4 Consensus Plan Fixed $12,400.00 2.5 Final Master Plan Fixed $25,040.00 2.6 Reimbursable Expenses T/M/E $ 2,500.00 TOTAL $84,900.00 9/3/2003- 127125 Vet: 01!- DFendnc CA#43 Z5555-555-555- - 0 c) z m i-' [11 '-! z 0 z c3 Ill C: 0 z ITl 0 z -q rtl 'D Z 0 m ITl rn "rl 0 ITl 0 Z 0 z 'n m ITl '13 '13 O ('3 O Z 0 Z Z C~ rn ITl 'TI 'TI m ITl o 0 0 Z z '"13 0 0 Z ITl zC>Z 161! ITl Z -I rn Z m googggggoooo o oooooooooooooo rn Z m 811 o C C~ Z Ill Ill ITl Z Z 00~0~ 00~0~0 000000 mr'm~ mo ~~ m m m m z m ~ O~ 0 O0 000000 000000 000000 0 CO ~ O~ 0 0 i"O 0 0'1 GO v mo 8~© m z c: I'll m 0z ITl< ~m~ Z~--~ ~Zm O0 · '~ m 5' m m m '13 m z ,-I e" m~ O0m ~§§§~o~§o§o o 000000000000 m z ~,~m ;0 rn m ooo ~O~moo m~ ~o z m · m 0 ~ ~ooooo~o o°o° o ~ oooooo ¢ .c:) ¢ . ~o, ZO m z m rtl m ~mzO 1611 0100 O0 00000 0 0 0 O0 0 0 CDC) CDC)CDC) g@ m Z C~ m ,--I m NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W. HARMON TURNER BUILDING (ADMINISTRATION), AT THE COLLIER COUNTY GOVERNMENT COMPLEX, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT 1:30 P.M. ON JUNE 12, 2003. AGENDA 6. 7. 8. Roll Call Additions to Agenda New Business a. Sand Search and Hardbottom Mapping Report Old Business a. Tourist Development Tax Funding Policy for Category 'A' Projects b. Review of Recommendations made on May 8, 2003 Audience Participation Committee Member Comments Schedule next meeting Adjournment ADDITIONALLY, THIS NOTICE ADVISED THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COASTAL ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Coyle - v Coletta _ ~ _ NOTICE OF PUBLIC MEETIN( ,~--~ ,, NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W. HARMON TURNER BUILDING (ADMINISTRATION), AT THE COLLIER COUNTY GOVERNMENT COMPLEX, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT 1:30 P.M. ON AUGUST 12, 2003. AGENDA o 6. 7. 8. Roll Call Additions to Agenda New Business a. Approval of minutes of May 8, 2003 and June 12, 2003 b. South Marco Beach (Caxambas Pass) Work Order Proposal c. Marco Island Grading Work Order Proposal d. County / Naples Major Renourishment Public Information Proposal e. FDEP Beach Erosion Control Program Annual Call for Projects f. Barefoot Beach Erosion (Wiggins Pass) g. Wiggins Pass Navigation Markers h. Easements for Beach Maintenance Old Business a. Tourist Development Tax Funding Policy for Category 'A' Projects b. Review of Recommendations made on June 12, 2003 Audience Participation Committee Member Comments Schedule next meeting Adjournment ADDITIONALLY, THIS NOTICE ADVISED THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COASTAL ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 26' NapLes DaiLy Hews NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy News PUBLIC UTILITIES ENGINEERING 3301 TAMIAHI TRL E BLDG H NAPLES FL $4112 REFERENCE: 059405 58712840 NOTICE OF PUBL/C HEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily Newst a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class ~aiL matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or corporation any discount~ rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED'ON: 09/08 AD SPACE: 114.O00 INCH FILED ON: 09/08/03 Signature of Affiant Sworn to and Subscribed before me this 7:~'~ day of. ~r3.F Personally known by me ~ _~(;-'~_.~..u_/*'~/..~' ~j~ t..G-/-~-~ Harfiett Bushong : =' :,~ MY COMMISSiON ~ DD254689 EXPIRES ¥~:.~.~'~ ~u~ 24, 2007 %'~"" ~ BO~ED THRU TROY F~N INSU~NC& INC NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEET NG IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR W. HARMON TURNER BUILDING (A- DMINISTRATI6'N), AT THE COLLIER COUNTY GOV- ERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL 2003.NAPLES' FLORIDA AT 1'30. P.M. ON SEPTEMBER 1.1.~, AGENDA [' 1.Roll Call ........ 2.AddJUons to Agenda 3.New Business a. Approval of minutes of August :12, 2003 b. County/ C ty of Naples Beach Re-nourishment Engineering Report, Annual 'Monitoring Report and Permit Application :. , ' ' '. c. FDEP Beach Erosion Control Program Submlsslod d. Hldeaway Beach Re-nourishment Permit A pllca- lion and Magnetic Aroma es nvest gat on ~ropo- scl ~ . ,. · e. Hldeaway Beach 'R~-nc~urlshment" with "Lip a~d Sand Engineering and Construction Moa toting Pro-, . osal . · Marco Island Grad ng Purchase Order g. Englneerlng Services Contracts., h. Beach Raking / City of Naples ' . : .. LTDC Grant AppllcaUons for Acquiring Pub lc Beach Access ... _, .. . 4.Old Bus ness a, Tourist Development T~x Fundln~ Po cy for Category 'A' Projects ~, b. Collier Creek Maintenance Dredging Update ,: c. Marco Island Major Grading Revised Work Order Proposal ,:,: ~,. , , ~ d. Easements for Beach Maintenance e.Revlew of Recommendations made on August - 12, 2003 ~ · 5,Audience Part c patlon ., : ' : 6.Committee Member Comments 7.Schedule next meeting .8.Adjournment ,,:~ "' i' ADDITIONALLY. THIS 'NOT CE' ADVISED THA~' I; A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COASTAL ADVISORY COMMI'ITEE. WITH RE- SPECT TO ANY.MA3TER CONSIDERED AT THIS MEET- lNG. HE WILL'NEED' A RECORD OF THE PROCEEDINGS AND THAT FOR. SUCH. PURPOSE, HE MAY. NEED..TO. ENSURE THAT A VERBATIM RE~ORD OF THE PROJ CEEDINGS IS MADE. WH CH RECORD INCLUDES' THE I"TESTIMONY AND EVIDENCE UPON WH CH THE AP- PEAL IS TO BE BASE~D .:~, ~ . ~eotemheru~ ' ' .... '"'"'*':' ' ': ' Nd. 27~q4~ Naples DaiLy News Naples/ FL 34102 Affidavit of Publication Naples OaiLy Neus PUBLIC UTILITIES ENGINEERING 3301 TAHIAN! TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 450(XXX]641 58701145 NOTICE OF PUBLIC NEE State of FLorida County of CoLLier Before the undersigned authority/ personi appeared B. Lamb, uho on oath says that as Assistant Corporate Secretary of the Naples DaiLy Neus/ a daiLy neuspaper pubLished at Naples in CoLLier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples DaiLy Neus is a neuspoper pubLished at NapLes/ in said CoLLier County/ FLorida, and that the said neuspaper has heretofore been continuously published in said ColLier County/ FLorida/ each day and has been entered as second class mail matter at the post office in NapLes/ in said CoLLier County/ FLorida/ for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ fire or corporation any discount, rebate/ comaission or refund for the purpose of securing this advertisement for pubLiction in the said neuspaper. PUBLISHED ON: 08/08 AD SPACE: 96.000 INCH FILED ON: 08/08/03 Signature of Affiant // "~/'~'~ Sworn to and Subscribed before me this 1 ~-~-tday of,%,~ tlr ~'~-~ 20.._~ ...' cr~ Harriett Bushong MYCOMMI~ION~ D02~468~ EXPIRES . ,~'~ :~ Ju~ 24, 2007 NOTICE OF PUBLIC'MEETING ' NOTICE IS HEREBY' GIVEN OF A COLLIER COUNTY~ COASTAL ADVISORY COMMITTEE MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W, HARMON TURNER BUILDING (A-. DMINISTRATION), AT THE COLLIER COUNTY GOV- ERNMENT COMPLEX, 3303. EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT 3.:30 P.M, ON AUGUST ~.2, 2003. AGENDA ' .. 2.Additions to Agenda 3,New Business ~Approval of minutes of May B, 2003 and June 12, 2003 h.South Marco Beach (Caxambas Pa~s) Work Or,er Proposal c. Marco Island Grading Work Order Proposal ' d.County/Naples Ma or Renourishment Pub. c Information Proposal e. FDEP Beach Erosion Control Program Annual Call for Projects f. Sarefoot Beach Eros on (Wiggins Pass) g.Wtggins Pass Navigation M~rkers h.Easements'for Beach Maintenance 4.Old Business-. ~.Tourist Development Tax Fund ng Po cy for b. Review of Recommendat ohs rnade on Jun~ 6lCommlttee Member'Comments: v., 7.Schedule next meeting ADDITIONALLY. THIS NOTICE ADVISED THAT IF A PERSON DECIDES TO APPEAl: ANY DECISION 'MADE BYTHE COASTAL ADVISORY COMMITTEE. WITH RE~ SPECT TO ANY MATTER CONSIDERED AT,THIS MEET. ' lNG. HE WILL NEED A RECORD OF THE PROCEEDINGS · AND 'THAT FOR SUCH 'PURPOSE. HE MAY NEED TO ENSURE THAT A VERBATIM-RECORD' OF THE .PRO CEEDINGS IS MADE~i-WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH T.~.E. AP- NapLes DaiLy News Naples/ FL 34102 Affidavit of PubLication Naples DaiLy News PUBLIC UTILITIES ENGINEERING 3301 TAMIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 4500000641 58667752 NOTICE OF PUBLIC HER State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in maid Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 06/09 AD SPACE: 74.000 INCH FILED ON: 06/09/03 Signature of Affiant Sworn to and Subscribed before me this ~/*~ day of~ ~.,~r~ 20~_~ Personally known by me NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY) COASTAL ADVISORY COMMITTEE MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W, HARMON TURNER BU LD NG (ADMINISTRATION), AT THE COLLIER COUNTY GOV- ERNMENT COMPLEX, 3303. EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT 1:30 P,M, ON JUNE 12, 2003. AGENDA 1. Roll Call 2. Additions to Agenda 3. New Business a. Sand Search and Hardbottom Mapping Report 4. Old Business. a~ Tourist Development Tax Funding Policy for Category "A" Projects . b. Review of Recommendations maoe on May 8, 2003 5. Audience Participation 6. Committee Member Comments 7. Schedule next meeting 8. Adjournment ADDITIONALLY, THIS NOTICE ADVISED THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COASTAL ADVISORY COMMITTEE, WITH RE- SPECT TO ANY MATTER CONSIDERED AT THIS MEET- iNG, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS 15 MADE, WHICH RECORD INCLUDE5 THE. TESTIMONY AND EVIDENCE UPON WHICH THE AP-~ PEAL 15 TO BE BASED. June ~ No. ~7~9~8 SUSAN D. FLORA My Corem Exp. 12,/]0/O4 No. CC g83546 I ] Per;onaI¥ Known I I Olher I.D, NapLes Daily News Naples/ FL ~I0~ Affidavit of Publication Naples ~ail¥ News PUBLIC UTILITIES ENGINEERING 3301 TARIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 4500000641 58655019 NOTICE OF PUBLIC MEE State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb/ who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County/ FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County/ FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHEO ON: 05/06 AD SPACE: 118.000 INCH FILED ON: 05/06/03 ......... Signature of Affiant Personally known by me · · My Commission DDO50336 ~e~ Exp{res September 1 1, 2005 I:. · ~ NOTICE OF PUBL C MEETING , ~ NOTICE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL .ADVISORY COMMITTEE' MEETING IN THE BOARD OF COUNTY COMMISSIONERS BOARDROOM, THIRD FLOOR, W. HARMON TURNER BUILDING DMINIBTRATION), AT THE COLLIER COUNTY GOV-[ ERNMENT COMPLEX, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA AT [:30 P.M. ON MAY 8, 2003. *" ~,GENDA :L Roll Call 2. Additions to Agenda 3. New Business a, Band Search and Hardbottom Mapping" Re- crt , , , §, Prop0sed'TDC category "A" Funding Policy 4. Old Business.' a. Draft lO-Year Plan'. .'...." ... b. Collier Creek Maintenance Dredging TDC Grant Application c. FY 2004 Beach Maintenance TDC Grant App cations . Annual Beach Renourlshment ' [I. county Beach Renour shment Ill Hideaway Beach Ren0urlshment with - Upland Sand ,' · . ' · iv. Hideaway Beach Renourlshment with Offshore Sand · .,,, ~. v Beach Cleaning'Operations= ' ' ' vi. Marco Island South Beach d. FY 2004 Beach Park Facilities TDC Gi'ant Applications I. Barefoot Beach Back Bay P er, , II. Barefoot Beach Entrance .... Ill. Clam Pass Parking Lot Resurfaclng ~ iv. Pedestrian Beach Access., , · . , . e. Marco sland Beaches Breakwaters and Caxambas Pass Annual Monitoring Work ~' , Order . .' . ~ f. Rev ew of R~commendaflons mace on Apr [n, 2003 . 5. Audience Participation ·" 6. Committee Member Comments :' 7. Schedule next meeting : 8. Adjournment. , - - ADDITIONALLY, THIS' NOTICE ADVISED .THAT, IF A '~PERBON DECIDES,. TO APPEAl; 'ANY DECISION MADE BY THE COASTAL ADVISORY COMMITTEE WITH RE- SPECT: TO ANY MATTER CONSIDERED AT THIS MEET- .lNG, HE WILLNEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED .TO ENSURE'THAT,A VERBATIM RECORD OF THE PRO- CEEDING5 IS MADE, WHICH RECORD.~INCLUDES ,THE TESTIMONY AND EVIDENCE UPON :WHICH .T, HE'~AP- ' PEAL IS TO BE BASED. . Naples Daily News Naples/ FL 34102 Affidavit of Publication Naples Daily News PUBLIC UTILITIES ENGINEERING 3301 TM~IAMI TRL E BLDG N NAPLES FL 34112 REFERENCE: 059405 58643747 NOTICE OF PUBLIC MEN State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the a:tached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount/ rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the.said newspaper. PUBLISHED ON: 04/16 AD SPACE: 64.000 INCH FILED ON: 04/16/03 NOTICE OF 'PUBLIC MEETING NoTIcE IS HEREBY GIVEN OF A COLLIER COUNTY COASTAL ADV,SORY COMM,TTEE PO',CY SUB- COMMITTEE.MEETING IN THE CGONFE~[I~CE ROOM B T IRD F OOR BUI DN (H SERV,CE At COLL'L R cou,?r GOVERNMENT COMPLEX. 330.1 EAST TAM AMI 'reA,L. ,APLES FLOR,OA AT 1'30 P.M: ON ^PR,L 22. 2003 THE DISCUSSION WiLL NCLUDE, BUT MAY NOT BE LIMITED TO, THE FOLLO.W,I,N~: Coii e~r ;C°"~l~Y..'be~ci~e~'; pU.bllC aCceSs Points; ADDITIONALLY, THIS NOTICE ADVISED THAT, IF A PERSON DECIDES TO APPEAL'ANY DECISION MADE BY :'THE COASTAL ADVISORY COMMI~EE, WITH RESPECT TO ANY MA~ER CONSIDERED AT THIS ME~ING, HE WILL' NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEEDINGS 5 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVI* DENCE UPON WHICH.THE APPEAL ISTO BE BASED ~ ~ ~: ~' ~: · ~':~ ~:, :~ .",";:: :~ ~" AntiI ~6',{.,:;,: ~::: ? ' ' ?: :'- ~ "No: 14~222 Naples Daily News Naples, FL 34102 Affidavit of PubLication Naples DaiLy News 4 PUBLIC UTILITIES ENGINEERING 3301 TANIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 310828 58639221 NOTICE OF PUBLIC NEE State of Florida County of Collier Before the undersigned suthority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County/ Florida, end that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail Batter at the post office in Naples,-in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 04/07 AD SPACE: 162.000 INCH FILED ON: 04/07/03 Signature Of Affiant '/'~ ~ Sworn to and Subscribed ,be~r..e me .~,t~,~1~ day of ~ 2{~ ; ~ ; My Commisaon D~58336 ~ Ex-imsSe · ~ ~ m~ 11.2~5 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A COLLIER COUNTyI COASTAL ADVISORY COMMITTEE MEETING THE BOARD OF COUNTY COMMISSIONERS/ BOARDROOM, THIRD FLOOR.W HARMONI TURNER BUILDING (ADMINISTRATIOn), AT THEI COLLIER COUNTY GOVERNMENT COMPLEX, 33011 EAST TAMIAMI TRA L, NAPLES, FLORIDA AT 1'301 P,M, ON APRIL 10,2003. ' I AGENDA 1. Roll Call . 2. Additio0 ~ to AgenDa 3. Old Bus~ tess a. Revlev of Recommendations made on March L3, 2003 . 4. New Bus ness a. P .rpgos,e LchRnges to the L{~pd D_eveloo- ' . ~eent qgae, ~e~m_n 34,;14.,."Co~j~er county Vehl- F~ Lon ~pe ~lgacn_[~eguL~uoos . _ , o. constru( tlon Phase 5ervtces work uroer Am_enclmer .t. for_Wiggln_s Pa~s D.r, edgin, g. C. construe I:lon Pn~se services work uraer Amendmer t for HideawavBeach Truck Haul d_, Marqo Is .andB. eaches.'Break~aters and ca. xPrnDas :_ass Annual Mqnjtor nil Work Order e H aeawa / ueacD RenounsnmentAddi- ttonal Desk n WorK. f. Mid.Year Projects/Grant Update g, FDEP Lo~ g_-I~ange P. le~n _ - ,. ~_. Prqp.qse( coasca~ AO.~SO~y c_.omr~ee.. ~e_sqlp~lo_n :o,n.cerpt.ng t oun~_t 1Rx ~mc_a~ons. · L;Ollle. r [;['j ~eK. Maintenance ureoglng Tuc 3r_ant4ppji :ad_on; · _., : . ·, ~_u.or_aon p~ 5s pre.qging lume Monitoring ~uu urant I ,OOllCauon · (. FY 2004 T]C Grant Applications I. Annual Beach Renourlshment ~ . . ' 'IL Annual Dune/Structure Maintenance III. Barefoot Beach Back Bay Pier Iv. Barefoot Beach Entrance . v. Clam Pass Mon toting · vi. Clam Pass Parking Lot Resurfacing vii. County/Nap es Beach Monitor. lng .viii. Count~/Naplas Baa.ch Renorlsnment ~x. Doctor Foss Monltermg ' ; x. Gordon Pass Mos toting ' '""'. ' xI. Hldeaway Beach Monitor ng ~ .: ' xll. Hideaway Beach Renourlshment'w th .-, Upland Sand ~.," ~,, '- · , xlll. Hideaway Beech Renoudshment w th ' Offshore ~and *' '," xlv. Beach Cleaning Operations , xv. Marco Island Monitor ng xvl. Marco Island South Beach Renourlshment xvll. Pedestr an Beach Access ' xvlll. Project Management &Mlsc. Fees ' xlx. SesTurUeMonltorng : :. · . . xx. Wiggins Pass Monltoflng ' :-: "'. ' xxL Wiggins Pass Navigation Study I. Draft lO-Year Plan ;: ,,- - 5. Audience Partlc pat on-,; !.~ 7, Schedule next meeting ? . 8, Adjournment.;', ~i;. ' ADDITIONALLY, THIS NOTICE ADVISED THAT, IF PERSON DECIDES TO APPEAL ANY DECISIOI~ MADE BY THE COASTAL ADVISORY COMMITTEE WITH RESPECT 'TO ANY MATTER CONSIDERED THIS MEETING, HE WILL NEED A RECORD OFTHE ..PROCEEDINGS AND THAT FOR SUCH PURPOSE HE MAY NEED TO ENSURE'THAT A VERBAT M RE- CORD OF THE PROCEEDINGS IS MADE,. WHICH 'RECORD INCLUDES THE TESTIMONY. AND .EVI- DENCE UPON~.WHICH THE APPEAL IS TO BE BASED :''.. ~'"% ~.' ..;;-: !'; :.:...,'-' r NapLes Daily News NapLes, FL 34102 Affidavit of Publication Naples Daily News PUBLIC UTILITIES ENGINEERING 3301 TAMIA~I TEL E BLDG H NAPLES FL 34112 REFERENCE: 059405 310828 58630183 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further saya that the said Naples Daily News 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 been entered as second class mail matter at the post office in Naples, in said collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 03/25 AD SPACE: 76.000 INCH FILED ON: 03/25/03 :; ,. · NOTICEOF PUBLI(~ MEETING'. TY;'%COASTAL:,'.ADVISOR?f .COMMTTrEE POL1CYJ SUB-COMMITTEE~, ,MEE'EING~ .. N. THE BOARD OF COUNTY COkAMISSIONERS. BOARDROOM,; THIRDJ FLOOR W.' HARMON;TURNER BUILDING~(ADM NI- J STRAT[ON), AT-./~HE~ COLLIER COUNTY ~OVERN-/ MENT COMPLEX, 3301 EAST TA~IAMI ~AIL, J NAPLES FLORIDA AT 1'30 PM ON MARCH 31, 2003,"THE DISCUSSION ~'ILL ~C~UDE, BUT MAY NOT BE LIMITED TO, THE FOLLOWING: Florida s*~e~ FIo;l~a Depadment~of Environ- men,al Pro~lon.Poll~les, .. Beac~ ;f~difig'~oli~les-;nd 'pr0gr0ms of ,he federo The'Col'~l~ Co~'fi~ ~D~;~ "~" Collier- ~unfv':beaches,.Pabl~C Qccess Do nb pass- es andlnlets; ..~ ..... . . ' ADDITIONALLY, THIS ;' NOTICE ADVISED THAT, A PERSON DECIDES TO.APPEAL ANY DECISION MADE BY THE' COAS~AL' .ADVISORY COMMIT. TEE, WITH RESPEC; TO ANY MATTER CONS~D- ERED~AT~.THS:MEE~ING, HE WLL NEED A RE- ~CORD ;" OF:.. ~HE' PROCEEDINGS AND THAT FOR · SUCH~;:PURPOSE?'HE MAY NEED TO ENSURE ~H~A."VERBkT M RECORD OF THE PROCEED- :INGS..(~IS~ADE; WHICH RECORD INCLUDES THE .TES~IMONY"'~D' EVIDENCE UPON WHICH THE ApPEAL'IS~TO :BE BASED Signature of Affiant Sworn to and Subscribed bmh.~', me Z,-hjs~g~day Personally known bY me ~/'tr~' Naples Daily News NapLes/ FL 34102 Affidavit of Publication Naples Daily News PUBLIC UTILITIES ENGINEERING 3301 TAMIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 310828 58621757 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples OaiLy News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each -day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 03/10 AD SPACE: 92.000 INCH FILED ON: 03/10/03 Sworn to a,d Subscribed be,~/me ~a~ ~ day of ~./~ ..~ Personally known by me ~ ~' ~-~~ ~ ,~ My Commission DC~56336 ",,,-'"" E~;~ires ;3e~;t~mber t 1, 2005 2o? RECEIVED AND PAYMENT ARF O Q BY/ DA] NOT!C NOTICE :IS::' HEI TY IN THE BOARDR, TURNER 3301 1:30 3:Old Business; o. CI~ b~:' ' ADD Ri 20C.. i EapLea Daily N~"~ i',lap l ~s, FL Affidavit of Publication Naples Daily News ~ ' PUBLIC UTILITIES E~G~NEERING 3301 TA~IAI)Z TRL E BLDG H NAPLES Fi. 341~.2 REFERENCE: 059~05 310828 58608611 NOTICE OF PUBLIC MEE State of Florid`, County oi Cel',ier BeFore the undersigned authority, personally appear~J B. Lamb, ~ho on o~th ~ays that she serves ~s.~ss'~s~an-~ Corporate ~er'r~tar~ o· -~ ua~cy Ne~s, a daily ne~paper published at'Naples, in Collier Countyx Florida: that the attached copy of advertising was published in said newspaper on dates li~ted. Affiant further ~ays that the ~aid Naples Daily i~ews is a new~paoer published at Nanles in Collier Countyx ~lorid~ and that t~e sJid said newspaper ha~ heretofore been continuously publish~ in s~i~ Collier County~ Florida, each day and h~s been entered a~ ~econd class m~il matter at the ~st office in Naples,. in said Collier Count),~ Florida, for a period of I year next preceding the first publication of the attached copy of advertisemeht/ and affiant further say~ that she has neither paid nor promised an j, 'person, firm or corporation any discount, rebate, commission ~r refund for the purpose of ~ecuri~g this advertisement for publiction in th.~ :-:aid ne~spaper. PUbLISHeD Ol~: 02/18 AD SPACE: 118.000 INClt FILED ON: 02/!6/03 ed¢ "_.<'% Donna Chesney ~ .~._; MY C°mmi,s,on DD056336 ,-xp~res :September 11,200.5 DNERS RECEIVED AND PAy- IE NT CRPROVED Naples Daily News Naples, FL 34102 Affidavit of Publicstion Naples Daily News PUBLIC UTILITIES ENGINEERING 3301 TARIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 58582982 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naple~ Daily News 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 ha~ been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/06 AD SPACE: 90.000 INCH FILED ON: 01/06/0~ Sworn ,o ,,d Subscribed me day of Personally known by me . _ . . 0 A ~.~,~ ~ ~.. 2o~ ~ PERSON DECIDES 'FO N~DE- BY THE '!COASTAL RECEIVED AND PAYMENT APPROVED BY DATE 9 ~ :C ?,~ 6- N~F' g0 N01S!AId S31!lqllFI Ol'lD'ld X!N~qO3 ~J31]-]03 /J Halas Henning 1 6 ! 1 Coyle v/.~ - Coletta ' ,:;~ Januar~l~ 1~ TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE Naples, Florida January 9, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at l:30pm in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Gary Galleberg David Roellig James Snediker Ron Pennington William Kroeschell Ashley Lupo Collier County: Ron Hovell, Joe Delate, Murdo Smith, Paul Kwa The City of Naples: Dr. Jon Staiger Page 1 County Commission Boardroom Building "F", 3rd Floor 3301 Tamiami Trail Naples, Florida 34104 MINUTES January 9, 2003 The meeting was called to order at l:30pm. ATTENDANCE: -Mr. Galleberg noted, for the record, that Mr. Pires, Mr. Stackich, and Mr. Strapponi were absent. II. ADDITIONS TO AGENDA -Mr. Hovell added the Sand Search Update to the agenda after Item 4A. III. OLD BUSINESS 3A) Approval of minutes for December 12, 2002 -Mr. Kroeschell made a motion to approve the minutes as written. It was seconded by Mr. Roellig. The motion passed unanimously, 6-0. 3B) Sand Search Update -Steve Kein, Coastal Planning and Engineering, stated that they began the first phase of their field investigation in December 2002. -Jeff Andrews, in charge of the Sand Search Update, reviewed the preliminary results with the committee. He explained that a bathymetric survey and jet probe testing were used. He showed sand samples of the areas that were investigated. The fifteen areas investigated were in the southern part of the county (including the ridge off Marco Island), areas off the northern part of the county, and Marco Pass. The northern and southern areas showed a courser grain of sand, while Marco Pass showed a finer grain. He informed the committee that there was a variety of sand samples and choices that they would be able to choose from. He explained that they will be Page 2 1 6 I ~l~~ ]anuaryg, 2003 determining a rough quantity in each area at a later point in the investigation. Mr. Kein added that choices will have to be made about what grain size they want to use and discussions will follow on the consequences of these choices. Mr. Andrews stated that from an engineering perspective they prefer a courser grain since it lasts longer. Additional jet probing and vibracore studies will be done. -Mr. Kein summarized that no decisions needed to be made at this point, but they will likely concentrate on the Marco Pass as a possible borrow area. He added that they should identify two to three areas as potential borrow areas for the county. -Mr. Andrews stated that they would like to recommend Tom's Hill as a possible borrow source. 3C) Hideaway Beach Progress Update -Mr. Humiston, Humiston and Moore Engineering, provided a preliminary draft for the design of the Hideaway Beach. He explained that there are a number of things to finalize before they submit for permitting, including the sand source information. The scope of the project consists of beach restoration and an erosion control element. The erosion control structures will be addressing the two known areas of high erosion stress. They believe that by using the structures, they will be reducing the future re-nourishment costs, and that with these savings the structures will pay for themselves in approximately ten years. The design was based on 250,000 - 300,000 cubic yards of sand. The actual quantity will be determined immediately prior to construction. The preliminary cost estimates are approximately $4 million, half this cost is for sand placement and the other half is for the structures. Included in the cost estimate is a proposal to place a jetty at the entrance of Collier Bay. They requested that more information be gathered on the sand source at the northern part of Big Marco and Capris Pass. The concern is to avoid damage to the Sand Dollar Island shoals. There will be a more detailed discussion at the next meeting when the sand source information is available. Mr. Humiston added that they will be in the position to complete an application with the state in four - six months and the permit should be able to be attained six months to a year after submittal. -Mr. Hovell clarified that they should be considering approximately $4.5 million for the cost estimate due to the additional costs of engineering services, construction monitoring, post construction surveys, reports, etc. -Mr. Hovell gave the committee an update on the "trucking" at Hideaway Beach. He informed them that they hope to be completed with the project in the following week. They will come close to the original estimate of 40,000 tons of sand. They had to stop past the fourth T-groin due to the need for a state permit to do vegetative trimming and the absence of an erosion control line, Page 3 (ECL), in some areas. He added that they will review and establish the ECL t~e tate in time for the major re-nourishment project. -Due to the issue of the ECL, Mr. Galleberg was concerned that they were using tourist funds to truck sand onto private land. Mr. Hovell stated that he would obtain a written opinion from the County's Attorney's Office. -Mr. Pennington made a motion to request that staff make a determination of the appropriateness of what has been done and how to proceed with the extension of the ECL. It was seconded by Mr. Roellig. The motion passed unanimously, 6-0. January 9, 2003 The committee added an update on the Marco Island beach grass and discussed item 4A at this time to accommodate staff. Update on Marco Island Beach Grass -Joe Delate, Collier County Parks and Recreation, explained that he had surveyed the recently graded parts of Marco Island Beach. They determined that the grasses were native beach-type grasses. These grasses were also growing in the adjacent dunes along Marco Island. This grass was less than an inch tall in the recently graded area and they expect that this will emerge through the sand in the near future. He explained that it can be submerged in saltwater and may propagate from small root "pieces". Mr. Hovell clarified that due to this propagation style they will not be able to "disc" the area. Further analysis will be done to determine a way to control the growth and a photo of the current condition will be supplied at the next meeting. -Mr. Pennington added that this was a very large beach, 500-600 feet wide and the grass was just inside the mean-high water line. 4A) TDC Grant Application for South Marco Beach Parking Gates -Joe Delate showed photographs of the renovated beach walk access, the renovated restroom facilities, the South Marco Beach Parking area gates and the proposed future gate renovations. Since the upgraded facilities and the boardwalk, vandalism has become a problem. Also, the current gate system is inoperable due to erosion from time and salt air. The request for gate renovations will be for a system that will control vehicular access at night. They feel that this will help to alleviate the problems of vandalism. The grant request is for approximately $16,000. The gates would close approximately a '/2 hour after sunset and re-open at dawn. A car will always have the ability to leave, but not enter. Mechanical gates were chosen because it will cut the cost and manpower needed to control the situation through police services. -Mr. Galleberg stated that he believed this is an issue for the City of Marco Island, he added that he would recommend the city should put in a grant for this money. Page 4 1 6 ~1 '~~uaryg, 2003 -Mr. Delate used photographs to update the committee on the use of past grant money for the Gulf Shore Beach Access, the signage at the entrance, a concession facility, a boardwalk, and landscaping. At 2:47 PM a ten minute recess was taken. 3D) Proposed TDC Category 'A' Grant Application Form -Mr. Hovell changed the location of signature block as requested at the last meeting. He also added a "location" field in the description area. He noted that the TDC Approved the form at their last meeting. At the next meeting the committee will provide feedback on the grant applications in draft form. -The committee requested that "program element" replace the word "activity". Mr. Hovell made the change. He stated he would put the change on the next agenda for the TDC. -Mr. Pennington made a motion to approve the form. It was seconded by Mr. Snediker. The motion passed unanimously, 5-0. (Mr. Roellig did not return after the recess). 3E) 10-Year Plan -Mr. Hovell explained that the "draft" listing at the bottom of the page showed that it was not the official yearly approved plan. Mr. Galleberg requested that the approved 1 O-year plan be available for review during the grant approvals. Changes since the last approval and this draft are: 1) The major re-nourishment - $6 million to the current $9 million 2) Hideaway Beach Re-nourishment - currently listed as $5 million 3) Tourist Tax Collections (Oct.-Dec.) -up 16% from last years numbers, but lower than FY2001 -Jack Wuerte, the new Director of Tourism, gave a brief introduction and expressed enthusiasm for present and future cooperation with the CAC. Mr. Pennington stated that the CAC were in favor of no changes that would decrease the percentage of tourist tax dollars that go towards beach maintenance. 4) Interest funds/Cash on hand - currently being shown as zero -Paul Kwa, Public Utilities and Engineering Department, reviewed some ideas for categorizing and prioritizing the grant applications. He distributed a form that listed three categories for Fund 195; (category A - Permit Required Activities, category B - Beach Re-nourishment and Maintenance & Tourist Attraction Items, and category C - Non Permit Required or Non Tourist Attracting Items). Page 5 ~ 2nuary 9, 2003 -The committee was concerned that this would not organize the items ~n or er ofpnomty They requested that a system be developed which could address the issues of priority, importance to the county, the timeframe that it must be completed in, cost/benefit analysis, and the number of people who benefit. Mr. Hovell stated that they would continue to work on this system. 5) Catastrophe Reserves - the format was changed to show specifically which beaches were being shown, the previous years amounts were carried forward until more specific research on cost is available. -Mr. Galleberg stated that they should make a separate line for sand search. -Mr. Hovell stated that they need to decide how much funding should be set aside for annual maintenance after the re-nourishment is complete. The committee discussed historical factors that they could refer to for this figure. -Mr. Galleberg asked why "Beach Maintenance" line continues to go up, considering their new policies on beach raking. Mr. Hovell explained that they are still paying the same cost of labor, because although the equipment has changed, the number of people necessary for the beach cleaning has not. Mr. Staiger stated that the two county employees and the two city employees, who maintain beach cleaning, compliment one another. Mr. Galleberg asked Mr. Staiger to look into this matter and see where they stand. Mr. Staiger stated that he would do so. -Mr. Hovell summarized that for the next few meetings he will work on the beach raking line item, research a new way for estimating the annual maintenance after a major re-nourishment, and review the catastrophe reserves. 4B) Request from Coastal Protection Inc. -Mr. Hovell included a copy of the company's web-site and photos in the agenda packet. The company was interested in making a presentation to the CAC on the benefits of building a dune- fence. The committee stated that they looked at this type of fence a number of years ago and due to the "flatness" of the beaches here, the fences would be considered unsightly. Also they might run into problems with the "turtle issues". They informed Mr. Hovell that they want to "pass" on this one, but they would like to be advised of the future requests in the same manner so that they may have a similar informal discussion to determine whether or not to have a presentation. 5) Audience Participation -There was no audience participation. 6) Schedule next meeting Page 6 ' January 9, 2003 -The committee determined that there was no need for extra meetings to applications, but if this changes they will adjust the CAC schedule. -Mr. Hovell stated that he has not yet written the letter to the City of Naples regarding the cooperation of the outflow on the beaches, but he will be working on this. -The next meeting is scheduled for February 20, 2003 at 1:30PM. 7) Adjournment was at 4:05 PM. Page 7 alas _ M',.-" r~ "~ ebruary 2 l ~Honning_ ~ /~ .t Coyle _ V - TRANSIT OFiTHE MEETING OF THE COASTAL ADVISORY COMMITTEE Naples, Florida, February 21, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee / ,2003 in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg William Kroeschell Ron Pennington James Snediker David Roellig Anthony Pires (9:05AM) John Strapponi John Arceri Bedford Biles ALSO PRESENT: Ron Hovell - Coastal Projects/Public Utilities Dr. Jon Staiger - City of Naples Page 1 e e Roll Call Chairman Gary Gallebe. rg noted-that a quorum was present and introduced the new members - Mr. John Arceri (filling Mr. Stakich's set) and Bedford Biles (filling Ashley Lupo's seat). Additions to the Agenda Under "Old Business" add - 3e. Public Policy Discussion of Standards & Review. Old Business: a. Approval of Minutes for January 9, 2003 - one correction on page 3, bottom - should read 30,000 yards of sand instead of 40,000 yards. Mr. Kroeschell moved to approve the minutes of January 9, 2003 as amended. Seconded Mr. Roellig. Carried unanimously 9-0. Hideaway Beach Truck Haul Update - letter from the County Attorney giving opinion for using TDC funds for renourishing the segment of Hideaway Beach stated the Florida Statutes provides tourist development tax revenues may be used. Discussion followed with remarks concerning a Collier County policy regarding use of Tourist Tax Funds concerning public access & utilization. Lely Barefoot Beach was denied dune restoration because of being on private property. Mr. Pennington moved to recommend to the County Commission to direct the Coastal Advisory Committee to propose a County policy regarding public funding of beach nourishment & that further effort on Hideaway is held in abeyance pending establishment of such policy. Seconded Tony Pires. Discussion followed on the need to request direction from the BCC. Mr. Hovell stated the Committee could proceed to propose a policy. Mr. Hovell responded to a question that in each case from now on, if sand is to be put onto any of the Beaches it will have to go back to the BCC. The Clerk of Courts has said staff has no discretion in authorizing any expenditures or delegation of authority. (Mr. Pires left at 9:20 AM.) Mr. Pennington amends his motion to take out "BCC directing the Coastal Advisory Committee" and to read that "the Coastal Advisory Committee propose a County policy for the public funding of Beach nourishment and suggest the CAC establish a Sub-Committee to work out details for the CAC." Due to the absence of Mr. Pires amending his second, Mr. Pennington withdrew his motion. Mr. Pennington moved the Coastal Advisory Committee propose to the BCC a County policy for the public funding for beach nourishment and a sub- committee be established to bring information back to the CAC. Seconded Mr. Roellig. Carried unanimously 8-0. Page 2 February 21, 2003 Ken Humiston, Humiston & Moore Engineering, stated the placement of sand was per permit on Hideaway Beach. The requirement says they are to maintain the sand at the level where it was after the T-Groins were put in. The renourishment has been accomplished as per the requirements of the permit, and would not be in violation of the permit if more sand was not put on. Mr. Humiston discussed the question of the erosion control line and completing the plan. Mr. Roellig moved to forward approval, to continue the Hideaway Beach project by placing the additional sand, recommended in the original project, being approx. 8,000 yards, to the Board of County Commissioners. Seconded Mr. Kroeschell. A lengthy discussion followed on whether this is a new project or completing the original project. Whatever is recommended will need to go to the Board of County Commissioners on March 25th. (Mr. Pires returned at 10:05 AM.) Vote failed- 5 No - 3 Yes - 1 Abstention (Mr. Snediker abstaining) c. Marco Island Beach Cleaning & Grass Update - Mr. Hovell reported discussions with Parks & Recreation and the City of Marco about continuing the beach raking, and moving towards grooming and hand picking trash as is done in the rest of the County. A field permit would be required to do any disking. - A Public Hearing on beach raking will be held on March 3rd. - The Marco Island Beach Advisory Committee's meeting will be held on the beach to check on the grooming, equipment and grass. A report will be given at the next CAC meeting. Mr. Snediker stated the reason for his abstention on the last vote was because he is a resident of Hideaway Beach and will submit the needed form. e. Policy Standards & Reviews - An E-Mail - Subject: Funding Policy Thoughts - was handed to the Committee. Mr. Hovell summarized the basic ideas of establishing a minimum and maximum level of TDC Funding on a percentage basis. - This subject will go before the Sub-Committee to bring back with their recommendations to the CAC in the future. Break- 10:45 AM Meeting Reconvened- 10:55 AM 4. NEW BUSINESS: Page 3 4i) Hideaway Beach Access Improvements Update - discussed: - Project consists of placing approx. 18,000 Cubic Yards of sand along the shoreline and construction o£ a boardwalk between Tigertail Beach & Hideaway Beach on Marco Island. - Several letters & e-mails were submitted in objection to the project going forward. - Letter from Department ogEnvironmental did not consider it a permittable activity. - Mr. Hovell reported on invoices from Humiston & Moore Engineering. Funding is adequate to cover the Engineering & Construction. - Persons at Hideaway Beach would like to improve public access to Hideaway Beach. It was noted a 30 foot beach would be less costly than a boardwalk. - Ken Humiston gave a summary of the two letters from DEP. - The mangroves, shoreline habitat and not having a mitigation proposal are the main concerns of the DEP. Mr. Roellig moved to suspend further action on permitting and do more of a study on alternatives. SPEAKERS: David Somers - General Manager at Hideaway Beach - minutes were handed out - Letter was read from County Attorney January 9, 2001. This was concerning the public access on Marco Island. Marco has two points of public access which are Tigertail Beach and small walkway at the south end of the Beach. It also addressed the T-Groins and Funding. Aerial photos were shown of where the sand is located and of other areas which has always been an issue of public access over the years. The City is supportive of the issue and feels this is a good project in order to have public access on Marco Island. He addressed the habitat on Sand Dollar Island and encouraged the Committee to come up with some alternative proposals to satisfy everyone. - Parking and the boat ramp was addressed Mr. Somers feels this is important because their members are not able to see some of the bird areas and use the picnic areas because they are not accessible. They are not able to walk all the way to Tigertail Beach. The Associations position is that they would like to see a natural beach as before rather than a boardwalk. Nancy Peyton - Florida Wildlife Federation - she asks the Committee to recommend to the BCC not to pursue this application which is the Hideaway Beach access improvement project. They submitted comments opposing the application to DEP. Concerns were listed species and environmental impacts with Big Marco Pass critical Wildlife area, the different habitats and sea turtle monitoring being a false issue. Project is not consistent relating to sovereignty lands. She spoke of specific data that has been collected since 1974 on the area. FLWLF supports public access but this particular one is not appropriate. She suggested the issue be addressed by running a shuttle from Tigertail parking lot to Hideaway Beach. She read comments from the Center for Biological Diversity. Page 4 They had submitted photos and additional documentation concerning piping clovers and habitat. FLWLF recommends Committee to discontinue pursuit of the application. Several questions of Nancy were discussed with Committee members. Mr. Arceri felt they need an Environmental Study on the 30 foot recommendation as to what environmental problems there may be before they abandon the access project between Tigertail and Hideaway Beach and wishes the Committee to consider this. Nicole Ryan - Conservancy of Southwest Florida - the Conservancy wrote a letter to DEP in opposition to permitting the project. Their concerns are sand placement and boardwalk construction in the area. The FL Fish & Wildlife Commission and Department of Environmental Protection have also had serious concerns. A letter of January 22, 2003 from the Fish & Wildlife Commission to the DEP stated that the project is confusing and not well conceived. They listed a number of concerns; potential impact to mangroves, shorebirds and their habitats, sea turtles, sea grasses, disruption of the natural hydrology within the mangrove system, transporting the sand replacement on the beach and how the project will impact local sediment movement. Others were mentioned. Letter to the County will be sent from the DEP stating the above reasons and concerns. The Conservancy has been a staunch proponent of the Big Marco Pass Critical Wildlife and opposed projects that would negatively impact the area. They felt this project would negatively impact the critical area and adjacent lands therefore asked that funding be suspended for the project. Regina Reiley - Spinnaker Drive -citizen and beach walker - she walks the beach everyday. She has walked to Hideaway Beach the past two weeks at low tide. Her solution is to watch the tides - and go at low tides. Before putting artificial structures in and bring in sand, suspend the project - put signs up at Tigertail Beach so the public knows they can access Hideaway Beach. They can walk around the lagoon. She would like to see the project put on hold and encourage signage at Tigertail. Linda Colombo - Plantation Ct. - she agrees with the previous speakers. As the friends of Tigertail - they believe in preserving and protecting the area. The Boardwalk would have potential to damage the mangroves and shore bird habitat. As Nancy Peyton suggested, perhaps a trolley would provide access. Addressing the beach Renourishment on Hideaway she would hope the Committee would look into preserving putting any more sand in the area for no useful purpose. The Friends of Tigertail support the DEP's evaluation of building the boardwalk and renourishing would not be recommended. Mr. Roellig repeated his motion to suspend the process of the permit application by the County and move to a phase when they can have discussions on a possible, favorable proposal to provide access. Seconded Mr. Arceri. Discussion followed on additional information studies and permitting needed on the project. Page 5 Motion Carried Unanimously 9-0. 4c) Request from Surfsedge/Park Shore Beach - Mr. Hovell explained to the Committee Surfsedge Condo has requested the County to remove thc sand from their landscaping, additional vegetation plantings and/or raising their seawall. The sand has blown over the seawall. Mr. Hovell asked the company that did the dune planting to give a recommendation of what could be done. Coconut husk matting was suggested and plant additional sea oats at an estimate of $4,000.00. SPEAKERS: William Reid - the sand that was put on the beach was put in too high. Blows over the seawall, over the grass, across the sidewalk and ends up in their plants, shrubs and grass. Surfsedge has removed the sand on two different occasions. The manager was advised to put the sand back on the beach and found a particular permit was needed. A letter was written to Commissioner Fred Coyle in 2002 expressing their concerns. Mr. Withers said the sand had been placed to the elevation to the 1995-96 renourishments. Photos were shown. The County needs to remove the sand before the damage is extensive and keep the sand on the beach. He asked the Committee to support removing the sand. A lengthy discussion was held on wind currents, planting suggestions, re-grading and putting the sand back on the beach, etc... Mr. Pires moved to give staff direction to investigate all options with feasibility and cost estimates to be presented to the Committee at the next meeting. Seconded by Mr. Pennington. Carried unanimously 9-0. Lunch Break- 1:00 PM Meeting Reconvened - 2:00 PM (Mr. Pires and Mr. Strapponi did not return from lunch) 4a) Hideaway Beach Renourishment Engineering Services Supplemental Grant Application - Ron Hovell - Humiston & Moore Engineering did the Design & Permit for the sand search. Mr. Hovell presented the Committee with a supplemental Grant Application for an additional $165,500 to complete the pre-construction engineering services. This will be done over the next year. Mr. Pennington moved to recommended approval of the additional $165,500 to complete the engineering services for Hideaway Beach. Seconded by Mr. Kroeschell. Page 6 After some discussion Mr. Pennington withdrew his motion & Mr. Kroeschell withdrew his second. - The proper paper work for the work order and the Executive Summary needs to be submitted to the Board of County Commissioners at the March 11th meeting for their approval. - Concerns about the policy with Hideaway Beach being a valid public beach and waiting for another policy and possibly having the project stopped was discussed. - Decisions need to be made for cost benefits for where the resources are to be directed. - $335,000 has been budgeted for engineering services - the complete project will cost $501,000 - less than $50,000 are the estimated costs thus far. - A consensus needs to be made whether to expend $5M on one Beach - Chairman Galleberg then asked if it is wise to spend $500,000 on the Hideaway Beach project. - A full engineering study needs to be done to develop costs in order for the committee to make a final decision as to the results and whether to proceed with the project or not. Approving the Engineering study and spending the $210,000 does not commit the Committee in doing the project. Mr. Kroeschell moved to proceed and authorize the expenditure of $165,500 to complete the Engineering study for Hideaway Beach with Humiston & Moore Engineers. Seconded by Mr. Pennington. Carried unanimously 7-0. 40 County/Naples Renourishment Update - Steve Keehn - Coastal Planning & Engineering - update given: - Monitoring Report for Wiggins to Gordon Pass being done. - When finished with study will get design with permitting. - Committee will then decide which segments to support. - Finished side-scanning shoreline Wiggins Pass to Gordon Pass. - Hard bottom mapping available in approx, month or two. Mr. Pennington moved to recommend approval of the request for funding of $89,678 to proceed. Seconded. Carried unanimously 7-0. 4b) Lowdermilk Park Renovation Supplemental Grant Application - The Community Development Committee has requested an additional $150,000 to change the character of the pavilion from renovation to tearing it down and rebuilding it. Page 7 Mr. Pennington moved to approve the recommendation of the additional request of $150,000 for Lowdermilk Park pavilion. Seconded by Mr. Roellig. Carried unanimously 7-0. 4g) Marco Island Monitoring Report - Rajesh Srinivas - Taylor Engineering The draft monitoring report on the Marco Island Beaches, Breakwaters and Cxambas Pass was sent to the Committee. Mr. Srinivas's presentation: - Gave a brief history of improvements. - Gave results of the different shoreline changes. - Concerns of Beach erosion (South end) were discussed. - Covered conclusions & future actions. (Mr. Pires returned at 2:45 PM.) 4h) Tigertail Lagoon Presentation -- Rajesh Srinivas - Taylor Engineering An aerial map was displayed. Evolution key dates were given. Shorelines were shown. Possible future evolutions discussed. Erosion due to storm impacts discussed. Increasing sand in Hideaway Beach will add to the supply to Sand Dollar Questions & discussions were held by Committee members of Rajesh to the future of Tigertail Beach. 4d) Draft Fiscal Year 2004 Grant Applications - Mr. Hovell asks the Committee to review the applications & bring questions to the next meeting. 4e) Draft State Beach Funding Resolution - Mr. Roellig moved to approve the Resolution for $30M State Beach Funding. Seconded Mr. Pennington. Carried unanimously 8-0. 4j) Rock Removal Consent Order Update - Mr. Hovell needs approval from the Committee for a proposal of a Video inspection for $28,000 for rock removal off Vanderbilt and Naples Beaches as part of the rock removal plan. Mr. Pennington moved to recommend approval for the "work order" for $27,925 for the Video inspection. Seconded Mr. Kroeschell. Carried unanimously 8-0. 4k) Annual Beach Tilling - Mr. Hovell mentioned the different beaches for tilling before turtle season due to the dredging required by various permits. Page 8 Mr. Pennington moved to recommend approval of proposed services for the annual beach tilling as required by various permits for a Purchase Order of $40,000 or less. Seconded by Mr. Kroeschell. Carried unanimously 8-0. 4d) Draft Fiscal Year 2004 Grant Applications - Mr. Hovell stated most grant applications now have an opinion from the County Attorney. Only outstanding issues are the City of Marco Island for Collier Creek Dredging, and Great Lakes expanded Beach Cleaning application. No legal opinion on the eligibility has been received as of yet. A lengthy discussion followed on obtaining legal opinions, more sufficient information and the various applications for the different beaches. (Mr. Pires left at 3:45 PM) 3. Old Business: 3d) Draft 10 Year Plan - Different budgetary items and the process was discussed along with how Collier County budgets in their fiscal year. Discussion of upcoming projects and potential policy decisions will continue at future meetings. 5. Audience Participation - None Committee Member Comments - Abstaining was discussed. The County Attorneys office can be contacted if a committee member has a question whether they should abstain or not. 7. Schedule Next Meeting - Normal meeting date is 2® Thursday of the month. Next regularly scheduled meeting is March 13, 2003 at 1:30 PM. ge Adjournment There being no further business for the good of the County the meeting was adjourned by order of the Chair at 4:10 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg Page 9 Henning~ ,2003 Coyle ,v TRANSCRIPTq3~t~H~:~NiEE¥iNG OF THE COASTAL ADVISORY COMMITTEE Naples, Florida, March 13, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg William Kroeschell Ron Pennington James Snediker David Roellig John Strapponi John Arceri Bedford Biles Anthony Pires (Absent) ALSO PRESENT: Ron Hovell, Coastal Projects Manager/Public Utilities Dr. Jon Staiger, City of Naples Jack Wert, Tourism Director Maura Kraus, Environmental Services ~,i:;~ !;c~ ~';s: Roll Call .... Chairman Gary Galleberg called the meeting to order and noted there is a quorum. Additions to the Agenda - Ron Hovell had a proposed work order for the annual monitoring requirements for Hideaway Beach. - Handout on "Monitoring Turtle Report". - Accessibility of Hideaway Beach Chairman Galleberg moved to appoint the Sub-Committee consisting of: Mr. Roellig/Collier County, Mr. Pennington/City of Naples, and Mr. Snediker/Marco Island. Seconded. Carried unanimously 8-0. Chairman Galleberg noted he has another commitment and will need to leave later in the meeting, as Vice Chairman Mr. Roellig will preside. Old Business: a. Review of Recommendations made in February 21, 2003 - Minutes approved and forwarded to BCC - Motion to finish Hideaway Truck Haul failed - 5-3 with 1 abstention - Motion to approve Hideaway Beach Renourishment supplemental Grant for additional engineering services - went to TDC - to BCC 3/25/03. - Motion to approve Lowdermilk Park Supplemental Grant Application - went to TDC - to BCC 3/25/03. - Surfsedge/Park Shore Beach - TDC recommended no funding - no further staff action. - Suspend Hideaway Beach access improvements - withdrawal of permit application - BCC 3/25/03 -The committee wanted alternatives from Ken Humiston, Humiston & Moore Engineering. -Mr. Humiston informed the committee he would put together a scope of work to satisfy the environmental concerns of several agencies and collect environmental information to determine the extent of the resources and evaluate impacts with those resources. He estimated 60 days for the proposal from the time Humiston & Moore would proceed. SPEAKERS Nancy Peyton - FL Wildlife Federation - stated they will fight to the last dollar to oppose any sand being placed on Tigertail Beach. Let it be a natural system while letting people enjoys it like Barefoot Beach Preserve. She understands TDC has funded a Feasibility Study for a boardwalk going to the gulf. Possibly the same studies that Mr. Humiston is proposing to do are covered under the same proposal. 2 M~rch ! 3, 2003 She feels it would be a good idea to know what other agencies are doing before investing $25,000 to do a duplicate study. She is concerned about the permit application being revived to look at environmental sensitive issues. It was her understanding they voted to withdraw it and hope they do not revive it again. They are opposed to any manipulation on Tigertail Beach or a boardwalk. -Mr. Arceri noted there is no intention to revisit the Boardwalk issue. If a study is done and the DEP agrees, and the environmental impacts are non-existent or minimal, he questions why the Florida Wildlife Federation would oppose it. -Ms. Peyton responded it is not restoring it, it is manipulating a system, it is dumping sand on a system and they would like to see a natural system in which the public can enjoy it for what it is. Various State Agencies have already indicated that tinkering with Tigertail Beach is not acceptable. -Mr. Snediker mentioned it is Hideaway Beach that it is in debate, not Tigertail Beach. Ms. Peyton responded they have documentation concerning birds using that particular area of where they want to dump the sand. -The area of study is from the North end of Tigertail Beach to the existing T-Groins at the West end of Hideaway Beach. If the committee goes forward with the study they will look at ways to modify the plan to minimize any impacts with the environmental resources. The study area would include Sand Dollar Island. Nicole Ryan - The Conservancy - they are in agreement with the decision made last month by the committee in withdrawing the application for the boardwalk and the sand fill of the 125 feet. She comments that the Conservancy believes this is a downsized version of the same project. Taking the project that wasn't a good idea in the first place does not make it a better idea. A lot of the same concerns that the State agencies raised last time, they feel will be raised again. This would include the serious impact to mangroves - 125 or 30 feet of sand is still going to create impacts. There are impacts for birds and sea turtles. Various birds use the entire area. They are also concerned about the hydrology within the mangroves and its impacts. Where is the sand going to end up - the area is very dynamic and how will it impact the adjacent Big Marco Pass Wildlife area? There's logistics of sand being placed on the beach, impacts to the submerged aquatic vegetation, how it is going to impact the sediment in general, and the use of state lands tbr the project. Concerns in DEP and FWC letters still need to be answered even though this is only a 30 foot wide project. Have there been studies or surveys that show people that go to Tigertail Beach, want and need to walk that far north. She has asked Parks & Recreation Dept. Look at other ideas, shuttles or ways to do it that will not negatively impact the environment. The Conservancy opposes the 30 feet of sand as they opposed the 125 feet of sand and the boardwalk. -Mr. Humiston stated the impact of the mangroves would be the same at the north end as the south end. That is the purpose of the study. No alternative has been proposed. 3 13,2003 -Discussion followed among the committee members whether the study from the DEP and others will be duplicated and whether it is worth spending the $25,000 for the study. The members wondered if an answer could be given before expending the funds. It was noted that the DEP will not give an answer until an application and fee have been submitted. The Agency would be concerned with the entire area and system. The committee is concerned that the past study was a serious "no" and wonders what is different about the project now, that would be acceptable now and not before. -Mr. Humiston stated if they were to proceed with the plan submitted it would be denied by the State agencies. The concerns with this project are very serious. -Mr. Hovell stated all the environmental concerns according to DEP's letter addresses "what is the public need". Most projects address a shoreline that is eroding or upland properties from falling into the ocean etc. -It was noted this may be a ' future' need for people to have another access to another beach such as Hideaway. Brad Cornell - Collier County Audubon Society - he shares Chairman Galleberg's concerns of the DEP letter with a very strong "no". His concerns are the changing of a system of beaches and dunes in the area which is a critical wildlife habitat as one large ecological system. He points out the committee is trying to figure out what DEP's responses may be for changing the system for various needs and different reasons. Very strong input has been given the Committee from a DEP biologist that studied the system. Collier County Audubon Society's strong recommendation is to drop this issue as it is not an area to be changed and not compatible for this type of change. The area is meant to be with the birds and other elements of the eco system. David Somers - Hideaway Beach Assoc. - he mentions they are talking about 1,200-1,500 feet of area that was a beach in previous years. The access issue is of concern in regards to Tigertail possibly being cut off. He is hoping there would be nothing to hinder or hurt the preserve. The whole ideas is to come up with something that addresses the concerns of the different groups and also allowing the public to have access to the beach and enjoy seeing the natural habitat of one of the few natural areas of Collier County, but also providing access. -After much discussion about proceeding with the project Mr. Hovell noted neither the State nor the Federal Government would consider Hideaway Beach publicly accessible and not share in any costs. Mr. Snediker moved to proceed with the $25,000 study by Humiston & Moore Engineering for a 30 foot Beach for Hideaway. Seconded Mr. Kroeschell. Carried unanimously 8-0. -Mr. Humiston will submit a scope of work to DEP and ask them if the scope of work answers their questions. 4 l arch 13, 2003 Rock Removal Plan Trough Inspection work order - planned for the 4/11 BCC Agenda. - Approve Annual Beach Tilling Purchase Order - work started on 2/26. b. Hideaway Beach Access Improvements Mr. Kroeschell stated the Board of County Commissioners voted in January 2001 to fund the improved Groins and enhance an already existing public access with TDC funds. The County Attorney stated at that time it was legally permissible. This was not acted upon. - Mr. Hovell stated the County Attorneys opinion was worded that it was eligible as long as them was a finding "of public purpose and enhances Tourism". They also approved the design cost for renourishing Hideaway Beach. - Discussion followed on the name of what is called "Hideaway Beach" - many of the Beaches in Collier County are named after the development in the area. Mr. Arceri felt Hideaway Beach should be named "North Beach". - Mr. Arceri stated Hideaway Beach is Marco Island's Beach and the only major project in their 5-10 year plans. Hideaway Beach has been recognized as the worse erosion Beach in Southwest Florida, being a serious problem. Their Attorney has said it is eligible for funding for beach access. He discussed policy issues. - The next meeting of the Coastal Advisory Council will be held April 10, 2003 at 1:30 PM. - Mr. Galleberg left at 3:15 PM. C & d. Draft Fiscal Year 2004 Grant Applications 1. The Committee covered the various Grants - those with comments are: - Barefoot Beach Back Bay Pier - pending legal opinion from attorney on eligibility for funding - is a Parks & Recreation project & will go before the TDC. Concerns were length of dock, shallowness of the water and how many boats can get in the area. They use the south end of Barefoot Beach & are proposed to bring them to this pier so as to keep them off the beach. - Barefoot Beach Park Entrance - improvements to be made to the entrance with possibly gates. - Clam Pass Monitoring - monitors the beach, immediate channel and into the bay system. A portion of the overall cost is being asked for TDC funds. Historically has been funded in the past. - Maintenance of Beaches - Joint application with City & County - covering the beach raking operators and items relating to Parks & Recreation. March 13, 2003 - Pedestrian Beach Access - Vanderbilt Beach - making improvements to the access. - Collier Creek Maintenance Dredging - pending legal opinion from County Attorney 4. NEW BUSINESS Se a. Clean Beaches Council Request for Data - letter of February 20, 2003. Request to fill out form for cleaning of the beaches. Mr. Pennington moved to ignore the letter with no response. Motion dies for lack of second. Mr. Hovell stated the data would be posted on a web site with no monetary obligation. It was decided Mr. Hovell respond to the letter and fill out the form. County/Naples Annual Monitoring Surveys and Report - work order proposal from Coastal Planning & Engineering to include County line to one mile South side of Gordon Pass to provide information into the major renourishment design. Mr. Pennington moved to approve confirmation of the work order proposal to go to the Board of County Commissioners for their approval for execution this summer. Seconded Mr. Biles. Carried Unanimously 7-0. Mr. Hovell has a proposal from Humiston & Moore Engineering to perform monitoring of Hideaway Beach for April & November for $87,492.00. Mr. Pennington moved to authorize Mr. Hovell to recommend approval of $87,492.00 for Humiston & Moore to perform monitoring of Hideaway Beach for April & November to the Board of County Commissioners. Seconded Mr. Arceri. Carried unanimously 7-0. Audience Participation - None Committee Comments - Mr. Pennington asked Mr. Hovell to contact the members of the sub-committee for the date, time and place for their meeting. Maura Kraus - Environmental Services - Annual Turtle Monitoring Report - - Hideaway Beach passed all the beach compaction tests - no tilling needed - Handed out LDC changes going through various committees concerning beach raking - Mechanical beach cleaning - PSI Equipment on Beach - One section taken out concerning tire treads Identification - Passed out Public Awareness Information for Public Education - Will do Annual Beach Lighting mail out to all Beach Front property owners 6 - Not a good 2002 nesting season for turtles- - 19,938 hatchlings made it out of the nests - Several other statistics were given There being no further business for the good of the County, the meeting was adjourned by order of the Vice Chair at 4:15 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg 7 1 O, 2003 TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE Naples, Florida, April 10, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Gary Galleberg William Kroeschell (Excused) Ron Pennington James Snediker David Roellig John Strapponi John Arceri Bedford Biles Anthony Pires Ron Hovell, Coastal Projects Manager/Public Utilities Dr. Jon Staiger, City of Naples Jack Wert, Tourism Director Maura Kraus, Environmental Services Page 1 1 O, 2003 e Roll Call Chairman Gary Galleberg called the meeting to order and noted there is a quorum. Additions to the Agenda - Ron Hovell mentioned Mr. Strapponi's seat is up for reappointment. The position was advertised and Mr. Strapponi was the only applicant. - Mr. Roellig moved to recommend approval to the Board of Commissioners for Mr. Strapponi to serve another term on the Coastal Advisory Board commencing on May 22, 2003. Second by Mr. Pennington. Carried unanimously 8-0. Old Business: a. Review of recommendations made on March 13, 2003. 1. Sub-Committee met on March 31st, 2003. 2. Humiston & Moore will submit proposal for Environmental Study. 3. CBC form was filled out and mailed. 4. 7 year monitoring report is on the April 22"d Agenda for BCC for final approval. 5. Hideaway Beach Annual Monitoring was approved on 4/8 BCC meeting with paperwork submitted. New Business: k.) Grant Applications (v) Clam Pass Monitoring - Jim Moore-Administrator Pelican Bay Services Div. requests a portion of funding for collection of analysis on a yearly basis to determine whether additional dredging is required within Clam Bay. Full funding is approx $43,000/yearly - $9,900 being requested as in past years. Mr. Roellig moved to approve the grant for $9,900. Second by Mr. Arceri. Carried Unanimously 8-0. b. Construction Phase Services Work Order Amendment for Wiggins Pass Dredging - work has already been done Mr. Pennington moved to recommend approval. Seconded by Mr. Arceri. Carried Unanimously 8-0. c. Construction Phase Services Work Order Amendment for Hideaway Beach truck haul - work has already been done. Mr. Pennington moved to recommend approval. Second by Mr. Snediker. Carried Unanimously 8-0. Page 2 1 O, 2003 Marco Island Beaches, Breakwaters and Caxambas Pass Annual Monitoring Work Order - $82,000 for full amount and budget amount is $62,000. -Supplemental Grant Application for the additional $25,000 is needed to do a Budget Amendment and the BCC to approve the Work Order. -Discussion followed on the consulting firms, fixed term contracts, and updated data from last year. The monitoring is needed but a better breakdown is needed. - Chairman Galleberg felt it would be useful to the Committee to know if the monitoring is being done under a permit requirement or if staff and Committee want to monitor a specific beach area. Mr. Pennington moved to continue this item until the May meeting. Second by Mr. Arceri. Carried unanimously 8-0. ne Proposed changes to the Land Development Code Section 3.14, "Collier County Vehicle on the Beach Regulations" Maura Kraus reported the LDC Amendments went to Planning Commission and consolidated some of the codes from being redundant and making it simpler. They consolidated the Annual Beach Events, Permits for the Concession Facilities and the permitted uses of Commercial property. Clarified beach raking & incorporated the standards used for the Permit process into the Code. Added section allowing large equipment on the beach that could not meet the PSI requirements for the heaviness of the equipment. The tire tread identification was taken out. SPEAKERS Doug Findley - Gulf Shore Blvd. - lives next to Park Shore Beach - believes in a natural beach. He is opposed to regular beach raking. Raking during sea turtle nesting can destroy nests that might escape markings after evening rains or high tides. Raking picks up very little trash and removes only sand and shells. The beaches are free of trash, sometimes when there is trash it can be picked up by hand. People need to be educated about how cosmetic intrusions can be harmful to the environment. Start the process of education with the tourists of who become the future residents. A natural beach is the healthiest and best beach. He wants to keep the sand and shells and the wildlife. He is happy the committee is looking at storm water outfalls. Mr. Pennington moved to endorse the changes for the Land Development Codes presented by Maura Kraus. Seconded by Mr. Strapponi. Carried unanimously 8-0. Page 3 1611 · April 1 O, 2003 e. Hideaway Beach Renourishment Additional Design Work - Ken Humiston of Humiston & Moore Engineers report: - Gave history-project started in 1990- completed 1991 - Been monitored with data collected - County prepared inlet management plan - Plan made recommendations including addressing erosion issues - Renoufishment through trucking sand every year - T-Groins constructed in 1997 - Monitoring more intense and detailed since 1997 - Discussed design plans and procedures with alternative approach - Had handout on data from 10/97 - 10/02 - Displayed many maps of the T-Groins and the changes - Refraction, erosion and accretion results were given - It is a constantly changing system - How T-Groins work & being exposed during storms - Summarized project - 90 days for alternative design Discussion and questions followed on Plan 1 and Plan 2: Expected life - Scaled down project - higher maintenance costs Time frame & time needed for processing through the County (altemative design 90 days after work order is issued) Mr. Arceri moved to stay with Plan 1 for right now. Seconded Mr. Snediker. Break 3:05 Reconvened 3:15 (Mr. Pires did not retum) SPEAKER Mr. Nick Alteen - Coastal Protection International - Mr. Alteen formed the company. He had information on restoring beaches with dune fences. Chairman Galleberg mentioned to the speaker the Committee had information in their packets some months ago on dune fences and decided not to pursue it. The presentation was not according to the Agenda Item and Mr. Alteen was encouraged to see staff. Page 4 1611 10, 2003 The Committee voted on the motion on the floor which passed unanimously 7-0. L Mid-Year Projects/Grant Updates -Mr. Hovell gave highlights of the Budgeted Items and discussed the GIS system. It is not fully available to the public as of yet. The Committee needs to reconfirm they want the County to enter into two of the new Tourism Agreements for the previously approved Grants. (Mr. Strapponi left at 3:25) Mr. Roellig moved to reconfirm the County enter into two new Tourism Agreements for the previously approved Grants. Seconded Mr. Arceri. Carried Unanimously 6-0. g. FDEP Beach Erosion Control Program - Long Range Plan - Mr. Hovell displayed charts on the visualizer along with a handout. Current status of the DEP Grants Various Beach Segments & how much they are rated for State Funding FEMA estimates shown/Park Shore funded. Proposed Coastal Advisory Committee Resolution concerning Tourist Tax Allocations - this is to leave the present allocation of Tourist Taxes between Category "A" and other categories and not to change. Chairman Galleberg told the Committee the Tourist Development Council passed a Resolution to increase the funding for promotional expenditures, which would decrease it for this particular fund and category "c" funds (museums). Passed 5-3. Chairman Galleberg voting against. They voted to change the funding allocations only if it is replaced with "other money". Mr. Pennington spoke at the TDC meeting. The County Ordinance 126- 83 specifies the current split. The Coastal Advisory Committee should take a position and by Resolution oppose any change for that funding. Mr. Arceri moved to accept the Resolution as written. Seconded by Mr. Roellig. Carried Unanimously 6-0. Mr. Wert - Tourism Director - wanted to clarify - this enables staff to look for other resources of funding. He would like to look at projects to see if they qualify to be nominated for Federal Funding. Mr. Pennington stated he looked for Federal Funding from the Corp of Engineers at one time. i. Collier Creek Maintenance Dredging TDC Grant Application - Page 5 Vladimir Ryzin - Public Works Director City of Marco Island - First formal application submitted Amend application slightly Two areas of dredging If the Committee is not in favor of funding the entire project, consider the due South area - Collier Creek area. Under permitting at the present time. There is support from the School Board TDC Ordinance needs to be for a designated purpose Mr. Hovell mentioned the County Attorney didn't feel anything related to shore line or water line would be ineligible, but would be the decision of the BCC and their policy. Discussion followed on the Ordinance and whether a Tourism issue. Clarification is needed from the County Attorney. Mr. Roellig moved to get a written opinion from the County Attorney and continue Item "i" until the next meeting. Seconded Mr. Arceri. The Committee discussed further, and gave opinions as to whether they would vote "for" the grant if the Attorney states it is clearly eligible for TDC Funding. Carried unanimously 6-0. Gordon Pass Dredging Turtle Monitoring TDC Grant Application - Dr. Jon Staiger stated they are asking for approx. $7,500 to defray the costs of the monitoring. Maura Kraus - one half the sum is needed from TD Tax for this year and next two years. One half is being paid already. Dr. Staiger showed where the monitoring and dredging is located on the map. He is asking for money to pay for the northern half. The whole amount was put in the budget the Conservancy estimated. The Conservancy doesn't do the data, research and gathering that the permit requires. Mr. Roellig moved to approve the Gordon Pass Dredging Turtle Monitoring TDC Grant for the full budget amount. Seconded by Mr. Arceri. Carried unanimously 6-0. k. Fiscal Year 2004 TDC Grant Applications: Page 6 April 10, 2003 All the Grant Applications are worth over $21M. The Committee needs to reduce the amount to approx. $16-16.5M maximum. Mr. Hovell presented the various Grant Applications. The Committee decided to do the following: #1 - Defer #2 - Approve #3 - Defer #4 - Defer A lengthy discussion followed on the grants, budgeted items, cash flow, and whose authority it is to approve Category "A" funds. Mr. Hovell wanted the Committee to know the Project Management Fees, in their packet, is for $435,000 and could be $370-400,000. Mr. Roellig moved to approve Grant Applications #16 through #23 according to Mr. Hovell's presentation. Seconded Mr. Arceri. Carried unanimously 6-0. The Committee felt it is important to have the Assistant County Attorney (Heidi Ashton) present at the next meeting in which they will continue to cover the Grant Applications only. 5. Audience Participation - None 6. Committee Member Comments: Mr. Arceri - asked if anything needed to be done to extend the permits on the T-Groins - Mr. Hovell responded they will apply for an extension. Mr. Galleberg - addressed the public, private policy position when the sub- committee met on March 31st. Three separate statements were issued. The sub- committee will meet again. 7. Schedule next meeting - Thursday, May 8, 2003 at 1:30 PM. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:35 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg Page 7 1611 Page 8 Fiala - / - May 8, 2003 Hates - 1// -- . ,.~ ...... Henning~-- ./ ;' Boyle vx -- Coletta- I/ - TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, May 8, 2003 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg William Kroeschell Ron Pennington James Snediker David Roellig-Absent (Excused) John Strapponi-Absent (Excused) John Arceri Bedford Biles Anthony Pires ALSO PRESENT: Ron Hovell - Coastal Projects Manager Jack Wert - Tourism Director Dr. Jon Staiger -City of Naples Page 1 161I [~M~8,2003 e Roll Call: Chairman Gary Galleberg called the meeting to order and noted there was a quorum with Mr. Roellig and Mr. Strapponi absent. Additions to the Agenda: - Approval of Minutes for February, March and April 2003 - Hideaway Beach access improvements & environmental studies - Work Order Amendment - Supplemental Grant - Gordon Pass - City of Naples - 50/50 Grant Mr. Pennington moved to approve the minutes for February, March and April 2003. Seconded Mr. Arceri. Carried 7-0. New Business: b. Proposed TDC Category "A" Funding Policy - two meetings were held with the sub-committee agreeing unanimously on thc policy submitted. Mr. Pennington discussed thc Federal and State Funding and seeing it is already a policy by ordinance recommended to dclctc "Paragraph IV." Mr. Pennington moved to approve the policy with deleting Paragraph "IV". Seconded Mr. Arceri. Under discussion Mr. Hovell stated it would go to the TDC and then to the Board of County Commissioners. Would not be a change in the Ordinance, just a "policy" of how to execute the Ordinance. Mr. Pennington stated if it is in an Ordinance, everyone can see it and it doesn't "get lost". An opinion by the County Attorney is needed. Mr. Pires doesn't think it should be in the Ordinance, but wondered if it actually addressed prioritization in funding. He would like to see something in the policy that would provide enhancements or complimentary funding sources from other agencies. Discussion sums up the policy being flexible, a good balance being for the public benefit and fairness to the whole community and county. Motion carried 6-1. Mr. Pires voting "no". Old Business: - Mr. Galleberg stated the "10 Year Plan" FY '05 is a $5M deficit that needs to show zero. Mr. Snediker handed out a sheet on "How to Balance the CC Budget". (Attached) His handout was discussed along with Ken Humiston from Humiston & Moore concerning the T-Groins and delaying the sand project for a year. Mr. Humiston had concerns about delaying the project. Mr. Galleberg suggested not budgeting for the truck haul in FY '04. He discussed the savings it would incur. Discussion followed on possible reduction of budget revenues for next year and prioritizing the projects. Page 2 May 8, 2003 b. Collier Creek Maintenance Dredging TDC Grant Application - the County Attorneys memo states thc Board makes certain findings and is looking for recommendation from thc Coastal Advisory Committee. It needs to bc decided whether the dredging promotes tourism and thc body of water constitutes an inland lake or river to meet thc specifications of thc Florida Statutes. Thc project docs not promote putting sand on the beach. Mr. Pennington moved to recommend denial of the request for the Grant Application for the Collier Creek Maintenance Dredging. Seconded Mr. Kroeschell. - This is not currently budgeted. Mr. Arced stated it is a major tourist attraction and requires access through this particular point. Discussion followed on whether it is part of the coastal system and Mr. Ladrzo, Public Works Director/Marco Island discussed the cost being distributed 50/50 with Marco Island and TDC funding. Mr. Ladrazo also talked about "clean sand", if the material is beach compatible sand and the committee reviewing and possibly deferring the matter at this time. Mr. Arceri noted it is beach quality sand, has a public purpose, promotes tourism, and would like to have Marco Island pay 60% and the County $130,000. Mr. Ladrazo withdrew the Grant Application until more information is given and can be submitted t a later date. Mr. Pennington withdrew his motion with Mr. Kroeschell withdrawing his second. c. FY 2004 Beach Maintenance TDC Grant Applications: 1. AnnualBeach Renourishment: Mr. Snediker moved not to approve the Grant Application for Annual Beach Renonrishment. Seconded Mr. Pires. Carried 7-0. 2. County/Naples Beach Renourishment: (Vanderbilt, Park Shore & Naples) - If the projects were split into the three beaches, would have to add SIM for each split for direct cost for construction. If all three are done together, only pay SIM once. - Discussion followed between Steve Keane of Coastal Engineering and the Committee members on the possibility of the renourishment being done in 2005 and deferring the wood groins. Budget concerns were expressed. - Permitting was discussed and Mr. Arceri would like to authorize the $9M for renourishment and defer the T-Groins to 2005. Mr. Kroeschell moved to approve and authorize the Grant for $9M for the renourishment and defer the Wood Groin project of $1M to 2005. Seconded Mr. Pires. Carried 7-0. Page 3 3. Hideaway Beach Renourishment with Upland Sand: Trucking the sand in will be done on private roads of the Hideaway Beach access. The beach is getting closer and closer to the condos each year with thc erosion rates higher and higher every year. The public accessibility is still a concelTl. Would the T-Groins stop the level of erosion was asked. Ken Humiston stated it would reduce it. Different costs were discussed concerning the T-Groins, placing the sand and addressing the serious erosion problem with something needing to be done by this winter. The T-Groins will help to reduce the erosion. - Mr. Hovell stated they do not have permits, would put the money in the budget in 2004, award contracts this summer and start construction in 2005. Accessibility of Hideaway Beach was discussed and when talking about renourishment Mr. Galleberg wasn't sure it related to Tourism. Mr. Pennington was not in favor of putting sand on the beach for renourishment unless it has public access. SPEAKERS Bruce Anderson - Representing Hideaway Beach Assoc. - He commented on the engineering. Hideaway Beach is a critical erosion area identified by the DEP. Public Accessibility was addressed. FL Supreme Court recognized the areas funded with TDC money met a statutory requirement which was public accessibility. Public Boat Ramp is number one priority in the County's Comprehensive Plan for shoreline uses. Hideaway provides public access through the boat ramp. Only funding source for beach renourishment is tourist tax. Marco Island had a Beach Renourishment Taxing District which was taken away by the County when another Tourist Tax was increased. He said it should have been left as it was. Section 161.211 Florida Statutes has an obligation for Collier County to maintain a renourished beach when an erosion control line has been established as Hideaway Beach. Statute provides the property owners to petition the Governor and Cabinet to order the County to do it. He would like to honor the past agreements to the people of Marco Island. David Somers - General Manager Hideaway Beach - he noted people are willing to walk a distance to use Hideaway Beach and Sand Dollar Island. Hideaway was originally part of the Taxing District on Marco Island. Sand was placed on the main beach and on Hideaway from the Taxing District. Hideaway Master Assoc.'s documents state they can assess their members for common areas. To provide for cost sharing for the project may not be able to be done legally. They are limited by their documents. Page 4 May 8, 2003 Mr. Galleberg noted they are talking about the 1978/79 boat ramp agreement for easement. This decision does not go with that agreement. It is something different than this issue. - A lengthy discussion followed whether Hideaway Beach has public access for the funding. Mr. Snediker moved to approve the T-Groins for $2.3M and approve the $600,000 for truck hauling this fall and hold until 2005 for further consideration for sand renourishment and funding. Seconded Mr. Biles. The motion was withdrawn along with the Second by Mr. Biles. Mr. Snediker moved to approve the Hideaway Beach renourishment with upland sand for approx. $600,000 on Item 3. Second by Mr. Kroeschell. Carried 7-0. 4. Hideaway Beach Renourishment with Offshore Sand: Mr. Snediker moved to approve the Hideaway Beach Renourishment, approving the T-Groin portion, for fiscal year 2004 Budget and delay consideration of the renourishment to the 2005 Budget with further discussion on funding. Seconded Mr. Pennington. Carried 7-0. BREAK 4:15 PM RECONVENED 4:30 PM (Mr. Pires did not return) e Beach Cleaning Operations: Mr. Pennington moved to approve the Beach Cleaning Operations for the Grant of $246,000. Seconded by Kroeschell. Carried 6-0 e Marco Island South Beach Renourishment: Mr. Pennington moved to approve the Marco Island South Beach Renourishment Grant. Seconded Mr. Snediker. Mr. Galleberg reminded the committee they are still short SIM in the Budget. Further discussion followed on the shallow, narrow channel and the markings. Rajesh Srinivas - Taylor Engineering - discussed the channel shifting changes, permits, and re-dredging. Mr. Hovell discussed taking advantage of the FEMA funds and possibly 50,000 cubic yards of sand being used. Mr. Pennington withdrew his motion and Mr. Snediker withdrew his second. Page 5 May 8, 2003 Mr. Arceri moved to budget $600,000 for 2004, combined with prior years commitment of $326,000 = $926,000 and approx. 100,000 cubic yards of sand for the 2004 and 2005 budget and the remaining $50,000 for review at a later date. Seconded by Mr. Pennington. Carried 6-0. FY 2004 Beach Park Facilities TDC Grant Applications: 1. Barefoot Beach Back Bay Pier- Mr. Pennington moved denial of the grant application for Barefoot Beach Back Bay Pier. Seconded by Mr. Kroeschell. Carried 6-0. Barefoot Beach Entrance -Guard Station Mr. Pennington moved to approve the Barefoot Beach Entrance Grant. After careful review of the letter from the Attorney, Mr. Pennington withdrew his motion. The last paragraph of the letter stated she couldn't see how the entrance would be eligible. Mr. Pennington moved recommendation of denial for the Barefoot Beach Entrance. Second Mr. Biles. Carried 6-0. Clam Pass Parking Lot Resurfacing - Mr. Hovell reminded the Committee they did not have to vote on particular issues such as the next items. The Committee felt if they are coastal issues and beach related they should be voting on these particular grants for Category "A" items. Mr. Pennington moved to approve the Clam Pass Parking Lot Resurfacing Grant. Seconded by Mr. Arceri. Carried 6-0. 4. Pedestrian Beach Access- This is located in the Vanderbilt area and is to improve accessibility. Mr. Pennington moved to approve the Pedestrian Beach Access Grant. Seconded by Mr. Arceri. Carried 6-0. Marco Island Beaches, Breakwaters and Caxambas Pass Annual Monitoring Work Order: Mr. Rajesh stated it is not a permit requirement. Surveys are done on an annual basis to receive FEMA funds. This has already been approved and should be done same time each year. Discussion followed on the pros and cons in skipping a year on the monitoring. Mr. Arceri moved to cancel the current year projects of Marco Island Beaches, Breakwaters and Caxambas Pass proposals and use the 2004 package next year in which the money will be added to the Reserves for '04. Seconded by Mr. Pennington. Carried 6-0. Page 6 New Business: Supplemental Grant-Gordon Pass Jetty - Dr. Staiger-Resources Manager, City of Naples - Covered budget handout (attached). Covered the costs and explained thc bids and figures. - Mr. Hovell explained the grant is for a total of $51,030 coming out of reserves. Mr. Arceri moved authorization of $51,030 out of 2003 reserves. Seconded by Mr. Peunington. Carried 6-0. 4. a. Draft 10 Year Plan Mr. Arceri moved to approve the 10-Year Plan as outlined. Seconded by Mr. Pennington. Carried 6-0. A lengthy discussion followed on funding sources, renourishment, t-groins and understanding of previous motions. Mr. Snediker moved to approve the 30 foot wide Environmental study for $25,000 for Hideaway Beach. Seconded by Mr. Arceri. Carried 6-0. f. Review of Recommendations made on April 10, 2003. The TDC recommended a grant application for the City of Naples for approx. $254,000 relating to monitoring the South Gordon Drive T-Groins for three years with fill and repairs. Mr. Hovell and Mr. Wert suggested funding one year at a time. Mr. Snediker moved to support the TDC's recommendation for the monitoring of the South Gordon Dr. T-Groins suggestion of funding one year at a time. Seconded and carried 6-0. 5. Audience Participation - none 6. Committee Member Comments - Committee likes the dividers provided with their Agendas. 7. Schedule next meeting There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:40 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE CHAIRMAN GARY GALLEBERG Page 7 Fiala Halas _ Henning_ Coyle ¢oletta 1., -- TRANSCRIPT OF TI-rE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, June 12, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg Ron Pennington James Snediker David Roellig John Strapponi John Arceri Bedford Biles Anthony Pires (2:20) William Kroeschell (Excused) ALSO PRESENT: Ron Hovell, Coastal Projects Manager Jack Wert, Tourism Director Dr. Jon Staiger, City of Naples Page 1 Chairman Gary Galleberg called the meeting to order at 1:30 PM. 1. Roll Call: Roll was taken and a quorum established with Mr. Kroeschell being excused and Mr. Pires attending later. 2. Additions to the Agenda: A revised Agenda was given to all members indicating the additions. They arc adding: Sand Search Phase 3 and Marine Resources Investigation Work Orders Grant Application from Coastal Protection, Inc. for Dune Fencing Surfsedgc request for reimbursement (looking for recommendation) Hideaway Beach Renourishment Permitting Work Order Marco Island grading plans - selecting a consultant Lowdermilk Parking Lot - Grant Application Mr. Galleberg would like materials in time for their meetings or put on next month's agenda so it has been publicly announced.. It was also noted to have minutes in their packets in a timely fashion. Mr. Pennington moved to approve the additions to the Agenda. Seconded Mr. Strapponi. Carried unanimously 7-0. New Business: d. Surfsedge Request for Reimbursement - They appeared before the Board of County Commissioners - petitioned for their costs and will appear on the Agenda at the June 24th BCC meeting. Mr. Hovell noted in the February minutes thc Committee gave staff direction to give costs - no specific vote. The Committee felt there was no obligation for reimbursement as it was a natural act. Mr. Pennington moved not to reimburse Surfsedge for removal of sand or shrubbery as it is not a public benefit, nor appropriate use of Tourist Tax dollars. Seconded Mr. Roellig. Dr. Staiger stated south of Doctors Pass several condominiums have been removing wind blown sand at their own expense for 20 years. Precedent in the City has been the responsibility of the property owners. They are given a field permit to remove it, but do not expect the city to pay for it. Mr. Galleberg added Commissioner Coyle thought it may have been caused by the County, after hearing from staff and Dr. Staiger that was not the case. Mr. Pennington amends his motion adding, "It was not an action of the County, but a natural occurrence and physical characteristics of the area". Mr. Roellig amends his second. Carried unanimously 7-0. e. Hideaway Beach Renourishment Permitting Work Order - (Attached) - Permitting $4.5M T-Groin/Design Page 2 Mr. Pennington moved to approve the permitting request for the Work Order for Hideaway Beach Renourishment. Seconded Mr. Roellig. Discussion followed on the following: - Need light at end of jetty & plastic capping over the T portion of T-Groin #5. - Project is currently budgeted - Is designed as one project - T-Groin & Renourishment - Project can not be phased; State would not permit only installing structures, have to provide fill for permit to be provided. - Would have to do redesign if project was separated. (Requiring more rock) - Mr. Hovell felt it was a financial decision last month and not physical construction. The Board of County Commissioners has deferred action on the project, staffhas an approved project to design and will execute what has been approved. - Mr. Humiston stated they can modify the permit if the goals and objectives change. If the project was phased, the nourishment should be done first and then followed with structures. They would have a hard time getting approval from agencies to put in structures without nourishment. But sand can go in without structures. - Mr. Galleberg would like to see the minimum amount of sand for T-Groins, but not the 240,000 cubic yards. He stated this is a major policy point in Coastal affairs in Collier County. - Discussion followed on the permitting stage, not doing the renourishment, and what may be in violation of the State. The Committee could approve the project now and still have options open to reduce the sand fill in the future. (Mr. Pires arrived at 2:20 PM) - Mr. Hovell explained this would go to the BCC on June 24th for a Work Order approval, if approved the permit application would go to the Coastal Advisory Committee on Sept. 11th to approve the submission of the permit application for $21,600 (to prepare the permit) $80,000 is for responding to the State. - Mr. Snediker stated they were presented the plans, all the drawings, discussed it in January and the Committee voted not to do Plan 2 but to do Plan 1. - Mr. Humiston recollected Mr. Snediker wanted Humiston & Moore to reduce the scope of the project and did a conceptual plan on a portion of it and presented a proposal to do a redesign to Mr. Hovell. He recollected the Committee decided to stay with the original plan. Page 3 1 11. The above motion carried unanimously 8-0. f. Marco Island Grading Plans & selecting a consultant - Mr. Hovell showed thc slopes, moving the sand and the grading on the visualizer. Mr. Snediker moved to approve the concept for grading the sand. Seconded Tony Pires. Thc committee decided it would be best to have Mr. Hovcll choose the consulting firm. Motion carried unanimously 8-0. FYI Lowdermilk Park Parking Lot - City submitted a grant application for $375,000 for the parking lot. It is a beach parking lot and is eligible for Tourist Tax funds. Mr. Snediker discussed the number of parking spaces to be used by tourist and residents and the condition of the parking lot. It was noted the parking lot was and is used for trucking in sand and needs restoration. Mr. Roellig moved to recommend approval of the $375,000 grant application for Lowdermilk Park Parking lot restoration. Seconded Mr. Pennington. Carried 7-1. Mr. Snediker voting "no". 2:40 PM- BREAK 3:00 PM- RECONVENED Old Business: A. Tourist Development Tax Funding Policy for Category "A" Projects Part of the tape from the BCC meeting was played for the Committee summarizing the direction the Commissioners want the Coastal Advisory Committee to take. There had been much discussion about the policy brought forward by Mr. Dunnuck and Parks and Recreation. The importance of access over renourishment was discussed. The motion to accept the policy failed 3-2 by the Commissioners. The Commissioners are asking the Coastal Advisory Committee and Tourist Development Committee for a policy addressing public access. Mr. Pennington brought up the following items: Committee is made up of persons representing their immediate area and staff has chosen to ignore it. He described the history and how the Coastal Advisory Committee was formed. Page 4 ~ (, I1Jlll[. June , 2, 2003 -Original Ordinance is for 60% of beach Renourishment ~d alix~y - In the past Commission added a third cent - totally for beach renourishment. - He is opposed to what staff has proposed. - Can not plan a maintenance program on possibility of State & Federal government approving funds. Mr. Arceri presented a (handout) document to the Committee members. (Copy not provided) - Problem - plan to achieve the goal of beach access. - Plan should be based on "needs". - Staff is shifting strategy of funds from beach maintenance to land acquisition. - Staff is basing plans on Federal & State funding criteria. - Coastal Advisory Committee's proposal was not formally presented to BCC or TDC. - Tourist Development was politically driven. - CAC plan brings all Collier Beaches up to standards with a budget surplus - Need to identify access points and determine the present and future access needs. Other overall remarks and suggestions of concern were: - Need & Stability for Beaches - Parking Spaces discussed - CAC should reconsider a consultant do a study - $30-35,000 - Public access doesn't mean it should be funded out of Beach Renourishment funds. - Need to address realities. A revised proposal by Mr. Pennington was e-mailed to Committee members. (Copy not provided) He read and discussed the Ordinance of the Committee's responsibilities, powers and duties. Was recommended Mr. Galleberg and members of the City Council of Marco Island ask their City Council members to formally express their concerns and opposition to the County Commission regarding the proposal by staff. Mr. Hovell stated the BCC approved and adopted the Beach Access Master Plan at their June 27th meeting. The Growth Management Plan requires, as beach renourishment projects are done, they evaluate public beach access, and if not sufficient, they shall acquire additional access as part of the project. Page 5 .' ........ e ',, 2003 Parks and Recreation is working through the Master Plan to recommend which projects need to go for which funds. The BCC directed a Policy on "Beach Use & Access" come back to them at their September 23rd meeting. - Mr. Pennington read from the Master Plan on parking, shuttle buses, parking garage, boardwalks and restrooms in the various beach areas in the County. The Sub-Committee disregarded parking in the policy. - Mr. Strapponi stated they have a responsibility to the BCC & the public to present their position and present it in a professional document. - Mr. Snediker would like to see the State Attorney Generals office research the legal ability to use TDC funds to acquire land. o He suggested Mr. Arced try to put a policy together with everyone's comments along with Mr. Pennington's revised proposal. Mr. Arceri will get a draft finished by the end of June to Mr. Hovell. The Committee will review it and suggest revisions, at their next meeting. Mr. Hovell will check the schedule for a date of their next meeting which will be decided at a later date. 4:40 PM- BREAK 4:45 PM -RECONVENED (Mr. Pires left) Ce Coastal Protection Inc. TDC Grant Application - Sand Dune Fencing - Nick Alteen & Jen Alteen - A Power Point Presentation was presented - (Booklet attached) It covered: - Different process for erosion - High water Line - Showed pictures south of Naples Pier - Protects the sea oats or dune grasses - Showed pictures of the dune fencing in Massachusetts - Discussed the fence catching the sand - Showed wave erosion and coastal currents - Showed different structures - They would like to have a test site in Collier County. A lengthy discussion followed on the fencing, permitting, turtle nesting, dune funding and a possible site for Surfsedge. Mr. Alteen has met with Surfsedge and no question this process would work in their area. He could do 500 feet for approx. $30.00 a linear foot. They would see a difference in a matter of months. They also discussed Hideaway Beach. Page 6 ''4 After reviewing all the facts they will research the permitting process. Mr. Alteen will withdraw the application until a more specific location and plan is provided. 3a. & b. Sand Search and Hardbottom Mapping Report and Sand Search, Phase 3 and Marine Resources Investigation Work Orders - Steve Keehn - Coastal Planning and Engineering - A power point presentation was given for a proposal for the next step in the process of the Renourishment for the northern Collier County beaches. - Plan and report can be ready by August. - Had meeting with Jim DeLony on scope of services and project. - Committee had a copy of the report on the detailed sand search, samples, and the Cultural and Marine Resource investigation report and permitting. - Additional $400,000 needed. - The total cost for the fee proposal is $899,000. (Mr. Strapponi left at 5:50 PM) A lengthy discussion pursued on planning and prioritizing the Budget. Staff recommends approval of the two work orders. Mr. Snediker moved to recommend approval of the two work orders. Seconded Mr. Roellig. Carried unanimously 6-0. 5. Audience Participation - None Committee Member Comments - Mr. Roellig would like to see what steps are required for funding for a Shore Protection Policy for Collier County. He would like to see it on the next Agenda. 7. Schedule next meeting - one or two meetings held before Labor Day - dates to be determined. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE CHAIRMAN GARY GALLEBERG Page 7 0o¥1e ~ Co~ett.~ TRANSCRIPT OF THE MEETING OF THE COLLIER: COUNTY COASTAL ADVISORY COMMITTEE 12, 2003 Naples, Florida, August 12, 2003 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F, third floor, of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg David Roellig, Vice Chair Tony Pires John Strapponi Ron Pennington James Snediker Bedford Biles John Arceri ALSO PRESENT: Ron Hovell, Coastal Projects Jon Staiger, Natural Resource Manager Jack Wert, Tourism Page 1 CAC Meeting 1. Mr. Galleberg called the meeting to order: August 12th meeting of the CAC. 2. Roll Call 3. Additions to Agenda- None 4. New Business: A) Approval of Minutes: Changes requested: May 8th- pg 3- spelling of name "Ladrzo" was incorrect should read: Llad Ryziw (two names, not one) pg. 3- next to the last paragraph reads t-groin and should read "wood groin." June 12th- page 7, para. 6, second line should read "Federal Shore Protection Project." June 12th- page 5, reference to a handout being presented. Mr. Galleberg requested that handouts be attached to the approved minutes. Pennington moved to approve the minutes with changes noted. Arceri seconded. Unanimously approved 8-0 B) South Marco Beach (Caxambas Pass) Work Order Proposal Mr. Hovell: Discussed the work order proposal. Scope of services and cost proposal for design and permitting services to restore Marco Island. This was the section of Marco Island which was approved for FEMA assistance and is a follow-up to the last meeting. There is a specific cost proposal from Taylor Engineering for $199,164.60 and the spreadsheet is provided. This would take care of everything up to construction including the permit applications. Mr. Roellig: Questioned dredging. Seems similar to the Wiggins Pass dredging. Mr. Hovell: Clarified that a separate permit is needed. There is no open permit with the state, but there is open permit with the Federal govt. and Taylor Engineering is working with the Army Corps to determine that. This is a one-time permit. Mr. Roellig: Indicated that this was a lot of money for a one time permit. Asked about the quantity of sand being brought in. Mr. Hovell: Said it was 100,000. Mr. Roellig: Seems that there are many unknowns. Would be more comfortable breaking the process up into different segments to determine what is required by the permit. Mr. Hovell: Confirmed that most of the proposal is broken down into specific tasks. Page 2 12,2003 Mr. Arceri: Questioned when the "unknowns" will be resolved." For instance, a lot of money could be spent before the actual project is approved. When will the project be confirmed? Mr. Hovell: "Uphill climb." Taylor Engineering has indicated that there is a high probability of the project being approved and moving forward. Mr. Pires: Questioned the "lump sum" as worded in the contract. Will the cost exceed the $199,164.607 Should it be re-worded "not to exceed." Mr. Itovell: Money could be recovered by the county if necessary. Mr. Arceri: Indicated that the lump sum would not be paid if the work was modified. After each task the work will be evaluated. Mr. Pires: Asked about beach access. Mr. Hoveli: Said the county would provide this information. Mr. Snediker: This project will not substantially improve navigational movement. Mr. Hovell: Never received input from the City on this. Mr. Galleberg: Discussed the navigational issue and how to improve. It should be a project that would stand on its own merits. Discussion continued about navigational issue and where the sand is being drawn from. Mr. Hovell showed slide of the area in question. Pointed out the "borrow area." Discussion of depths and realigning the markers. Check about accuracy of drawing. Mr. Arceri made motion to approve with project being evaluated after first task- the amount being for $19,000. Seconded by Mr. Roellig. Unanimously approved 8-0. C) Marco Island Grading Work Order Proposal. Mr. Hovell: Asked Taylor Engineering to give a full joint coastal permit to do major grading of the area which may involve more than a foot of sand in any one area. Could mean opening up the channel, or bringing in more sand. The proposal is meant to address the long term plan and not this winter's grading. Mr. Galleberg: Clarified what "better slope" means. Mr. Itovell: Slowing down how the sand accumulates. Has asked Taylor to address the situation in the proposal. Page 3 1 6 '~ 1 ~ ~f~stl2,2003 Mr. Arceri: Questioned if this would address the "grass growing" problem and Mr. Hovell confirmed that it would. Discussion of Tigertail Beach. Are improvements being made to this area? Permit to include this area. Motion to Approve by Snediker. Seconded by Arceri. Motion passed unanimously 8-0. D. County/Naples Major Renourishment Public Information Proposal Mr. Hovell: The proposal relates to the public information and outreach portion of the project. How to develop a web page and how to get the public involved. Mr. Pires: Questioned the need for outside PR firm. Mr. Hovell: Indicated that this PR firm would only be needed for the first phase of the project and then the county will maintain in-house from there on in. Mr. Biles: Still questioned the need for outside consulting. Mr. Hovell: Indicated that it was important to communicate to the public and get out the appropriate word. Mr. Roellig: He was familiar with the PR company as specializing in beach projects and was confident in their ability. Mr. Pires: Questioned the amount of $8,367. Hovell said he would clarify the amount. Mr. Roellig made a motion to approve. Mr. Strapponi seconded. Motion opposed by Mr. Biles. Motion passed 7-1 E. FDEP Beach Erosion Control Program Annual Call for Proiects. Mr. Hovell: Timeline package to be submitted by September 8th. Revised date is towards the end of September. Mr. Hovell confirmed that he has good relationship with this office. Mr. Galleberg: Expressed concern about having this extension in writing. Mr. Hovell: Money will be added to the existing contract. Contract amendment with no formal submission. Mr. Pennington: Asked about the probability of getting on the approved list. Mr. Hovell: Discussed the long range budget package earmarked approx. 3 million for this project. Talked about Federal funding (which we do not receive). The State will Page 4 1AI1 12,2003 base their calculations on how we define the scope of the project. Requiring that we get the hotel/motel manager to sign off on how many units are available to the public. Mr. Galleberg: Discussed eligibility hurdles for grants for existing projects underway. Also expressed concern over the letter which states that all submittals is received by September 8. Requested that clarification be made that extension for deadline is granted (email would be fine). They wish to grant staff authorization to submit proposals. Mr. Galleberg made a motion to approve with the addition that a written confirmation of deadline be made waiving the September 8 deadline. Pennington seconded. Unanimously approved 8-0. F. Barefoot Beach Erosion CvVi~,ins Pass) Mr. Itovell: Erosion on the southern tip of Barefoot Beach pass. Concern over future of the area and boaters are concerned with dredging issues. We should get parties together in the late Fall and early Winter to discuss the future of this area. Mr. Pennington: Discussed dredging Wiggins Pass and the fact that it was not that successful. Talked about the area where erosion is taking place. Suggested that we observe and wait until the next meeting for the engineering report. - Coastal Planning Engineering is taking surveys and their comments will be presented at the next meeting. Wait for their recommendation. This topic was informational only and no motion was needed. G. Wiggins Pass Navigation Markers Mr. Hovell: Discussion of funding and who sponsors these projects. (i.e., environmental services). Talked about the associated costs and monitoring in the future. This has become a long term liability of the TDC fund. Wiggins Pass #1 and Turkey Bay #11 were both installed in 2000 have been broken off. Waterways requested the funding to reinstall them from Mr. Hovell. Mr. Hovell thought they should be replaced by with whatever funding source was available to them and then put in a grant application. This brings up the question of who owns and who sponsors these projects? Mr. Pennington: Tax districts should pay for these. Nothing to do with the beach and should not be eligible for TDC funds. Dr. Steiger: Discussion of maintenance and replacement of navigational markers. Maintained by traffic division in the engineering department and specific tax districts. Also agreed that funds should not come from TDC. This topic was informational only and no motion was needed. H. Easements for Beach Maintenance Page 5 Mr. Hovell: Referred to email in agenda package- heads up re: $500,000 in costs for easements from beachfront property owners. Title searches, negotiating, recording, etc. Internal charge which will be charged to the project. Discussion of cost reduction, background work already researched. Many of the properties have not changed ownership and the easements should be recorded. - Dates of the work should be clarified as well as cost (currently set at $56.00 per hour.) - Make an effort to avoid duplication of work previously performed. - Discussed using outside contractor for the work. - Discussion regarding the efficiency of the project to begin in November 2004. - Clarify with the public that this project is different from the 95-96 project. Communicate this to the public. - Discussion of permanent easements. County did not feel that anything within 10 years would be suitable. Mr. Galleberg: Requested extra clarification on the project; the cost, the number of hours and potential for duplication of work. 10-minute break Meeting reconvened. 5. Old Business A. Review of Recommendations made on June 12~ 2003 Mr. Hovell: Surf's Edge request for reimbursement made it to the BCC and was denied. Hideaway renourishment beach order approved by the BCC and is underway. Draft permit applications will be presented on the 9/11 meeting. - Marco Island grading plans for selecting a consultant- Taylor. - Loudermilk Parking lot is moving forward for approval. - Grant Application for sand dune fencing- discussion about working with Hideway. No decision has been made on this. - Work order for sand search and hard bottom mapping report with Coastal planning and engineering was approved by the BCC and work order has been issued and work is underway. B. Tourist Development Tax Funding Policy for Category "A" l~roiects. Mr. Gaileberg: Mr. Arceri developed a policy paper and proposal as per the committee's request. He requested that Mr. Arceri review the revisions to policy. Mr. Arceri: Need to introduce criteria that is fair and simple for the public and the councils. Page 6 August 12, 2003 Discussion included the following topics: (See handouts for specific revisions and recommendations to policy by Mr. Arceri and Mr. Pennington) - Adequate access points: ½ mile versus 2 miles for beaches to be eligible for some form of funding. - Low and high use concept. Issue of usage not access. - According to Mr. Arceri a beach is eligible for funding if the beach has at least one public access point from a public street, and is within ½ mile of a beach, park facility, hotel/motel or private residence. - A high use beach is an eligible beach segment that is within V2 mile of designated public parking. - Low use beach is an eligible beach segment that is not within V2 mile of designated public parking. - Submit to the TDC what is recommended. They have the budget, the committee does not. Mr. Pennington: Gave his comments regarding Mr. Arceri's revisions. (See handout) Discussed eligible and ineligible beach and high and low usage. Mr. Snediker, Mr. Pennington and Mr. Roellig discussed tide changes. A lot of variance for how much dry beach there is. Discussed spring high tides and slope variance. Specific elevations need to be determined by professional coastal consultants. Look at the engineering numbers and adopt the policy to that. Mr. Galleberg: Discussed defining the concept of what is eligible renourishment regarding money and analyzing that data. Discussion continued and topics addressed: - State funding versus local funding. - Source of funds for the renourishment - Zoning. Where is additional beach access coming from? Counties acquiring properties for sale. - Collier County provides a tremendous amount of public beach access and the ability to increase access is limited. Sentiment of voters. People are realizing the importance of having better beach access. Speculative information and the committee needs to take a stand that the will of the voters is beach renourishment and not beach access. Discussion of historical tax referendum which passed in 1992. Also discussed the straw vote. - Discussion of tax referendum in 2000. - At the time, residents did not feel that additional beach access was necessary. - Erosion rates. Beach design for renourishment, minimum or enhanced. Filling "hot spots" in the interim during the renourishment. - Restroom issue - security problem. - Parking issues Page 7 IA11 August 12, 2003 Ineligible beaches: North of Wiggins Pass. Evaluated on a case basis for determination. Lowest priority. Public access: Would need to be stated in the policy (i.e., walking through hotel lobbies). Need to define this. Mr. Hovell: Discussed specific areas for public access. Discussed where measurements are taken from- property lines, etc. Mr. Galleberg: Defining hotels as public as the state does is a way to provide access. Assists Marco and Naples on a practical level. Purpose of the state funding is different from the local funding. Need to get a logical measuring point which should be from public access. Need to broadly define eligible beach. Based on information proposed in policy, all beaches would be considered eligible beaches with the exception of Keewaydin Island and North of Wiggins Pass. Develop priorities within these beaches for high and low. If there is surplus of funding, then everything can be funded. If not, high use beaches would have priority. Important to set criteria that makes sense and is practical. Perhaps break into 3 categories of beach. Eventually each beach will need to be designated as low use or high use. (i.e. high-medium, high-low, etc, ) Clarified that the BCC has asked for a way to look at funding requests. CAC should be reviewing all category "A" requests. CAC needs to take explicit stand that renourishment needs to take priority over access if funding is limited. Mr. Strapponi: Priorities of the original intent of TDC has been moved. Tourist tax funds were put into place to subsidize tourism not residents. He indicated that the BCC needs to look at a different source of funds for meeting the needs of residents as opposed to accomplishing what TDC funds were supposed to do- advertise and promote tourism in the area. In terms of increasing public access, that is for the benefit of the residents. Access needs to be addressed separately from renourishment. Mr. Pennington: Agreed with Mr. Strapponi as a practical manner but explained that was not the original intent. Mr. Galleberg: State statute says beach renourishment is a "good" in and of itself. Global intent. Does not need to be justified. Mr. Hovell: Discussed the fact that the BCC is looking at how to fund all of it, how to prioritize, etc. Five Minute Break Meeting reconvened. Page 8 August 12, 2003 Public Speaker: David Somers, Hideaway Beach Club: Discussed erosion control Minimum standard for maintenance T-groin discussion - Cost sharing issues - Waiting to see what the policy is. Committee agreed to go though the policy page by page and make changes as a group. Mr. Hovell made changes to the policy on the screen as the CAC proposed as the discussion continued. Mr. Galleberg suggested that policy eventually be reduced to one page. Mr. Strapponi expressed concern over deadline to make this presentation. Mr. Galleberg confirmed that it was set for August 18th but may be moved. Some general revisions to the policy included: Delete "TDC" throughout thc document and replace with "Tourist Tax Funding." Defining eligible beaches. Suggestion to revisit exact locations in the Fall. Put names on the ones which arc eligible and who is not- who is high, low, crc. Change 2 miles to ½ mile for eligible beaches. Suggest that eligible beaches shall qualify for funding for a minimum level of beach maintenance. Dc fine minimum level and expand beyond that. - Include "committee" where "county" and "staff' also appear. - Criteria for allocating additional funds. Additional funding is based on designation of beach as high usc or low use. - Definitions of high and low use established. - Discussion of cost sharing for rcnourishmcnt of low usc beach: 70% from private sources and 30% from tourist tax was suggested. David Somers (public speaker) suggested 50/50. Gallcberg suggested 60/40 which was agreed on. - Defining access point as "public street." (Minimum threshold and built out from that). Defining what minimum standard of renourishment is. Needs to be studied further and discussed with consultants to refine the policy. Interim definition would state that "renourishment sufficient to provide minimum shoreline protection for a period of at least 5 years." Decided on two divisions: High and Low. - High Use: Eligible beach within ½ mile of hotel, motel or designated public parking. - If at least 80% of a beach is designated high use, the entire beach is classified as high use beach. If there are low use segments in between they will also be classified as high use on a high use beach. - Include that TDC funds not be used for navigational dredging. Change "fully funded" to "funded." - Include a paragraph under policy development that CAC will maintain a proposed annual spending plan for submittal to the BCC. (See Mr. Pennington's draft for language). Page 9 ~August 12, 2003 Mr. Galleberg: The policy will boil down to five points. Motion to draft revised proposal by Mr. Snediker. Seconded by Mr. Pennington. Unanimously approved 6-0. (Mr. Pires and Strapponi excused before meeting ended.) Mr. Arceri suggested lobbying members of the TDC and BCC. Assignment of members: - Mr. Biles: Glen Tucker - Mr. Pennington: Tom Henning, Rona Saunders - Mr. Arceri: Dave Loving, Kevin Durkin, Rob Dictor - Mr. Roellig: Joe Dinunzio Mr. Galleberg requested the following: Progress report on three engineering firms. Beach raking performance- revisit the problem. Not currently being addressed. There is no accountability. Is it county or city? Mr. Pennington believes that part of the problem may be that is split responsibility. Discussion will continue on this. Mr. Pennington thanked Mr. Arced for his efforts. Meeting adjourned at 7:30 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Gary Galleberg Page 10 FOREST LAKES Fiala .... ..~ /r Halas "~,~J~ ,, ~ Henning, Coyle , ,// , Coletta £ .,<'. .... ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 11. 2003 Vice President Bill Seabury called the meeting to order at 10:05 AM. ATTENDANCE: Members: Bill Seabury, Bob Cunningham, Roger Somerville, Virginia Donovan (Excused), Bob Jones (Excused) County: Val Prince- Landscape Operations, Tessie Sill,fy-Operations Coordinator. Others: Robert Kind.lan-Commercial Land Maintenance, Craig Pager- Wilson Miller, Rebecca King-Wilson Miller, Sue Chapin-Manpower Services, 16 Residents (Attendance Sheet Attached) APPROVAL OF MINUTES - Change County liaison's position to Landscape Operations & Tessie Sill.fy to Operations Coordinator. Page 3 - Pine P-Jdge is two words. Bob Cunningham moved to approve the minutes of July 16, 2003. Seconded Roger Somerville. Carried unanimously ~-0. (Note: There was no regular minutes due to lack of a quorum for July 16~', only notes taken) APPROVAL OF AGENDA - V. A. Budget, #2 - "Paying for Asphalt Work". VIL New Business, A. - "Meeting Schedule". Roger Somerville moved to approve the Agenda with additions. Seconded Bob Cunningham. Carried unanimously ~-0. TRANSPORTATION SERVICES REPORT A. Budget - Val Prince handed out the budget. (Attached) - The Budget was not prepared by Traffic Operations Alternative Transportation Modes Department. He has recently been involved in the process and will now administer the budgets for the MSTU's. He is not sure how the various numbers were established in the different categories, but will give an update of all the Expenditures - Titles & Codes and line items to the Committee each month. He covered the Revenues received for 2002-2003 being $335,008.~. There was only $11,600 put into the Operating Summary which ~'a'~ ~ be split into several categories. ' col~.i~,~4~ The transfers that need to be done for the County staff, tax County property appraiser for the $25,000 needs to be justified for the for that figure for all MSTU's to make sure they are billed appropriately. There was a Debt Service for $60,000 to be repaid by the MSTU. Capital Outlay - no monies were put into the adopted Budget for this Fiscal year. Reserves is the category where all the monies go that are not divided up in the various categories. Val explained in simple terms that if their money is not in Operating or Improvements General, it is in a Savings Acct. If money is needed, it needs to be transferred from Savings into Checking with someone's approval, (Transfers) which will be the Committee. It is the MSTU funds and the Committee will tell the County how to spend it. An Executive Summary needs to be done, a Budget Amendment and then approval from the Board of County Commissioners for the Transfer/s. - Funds available - $177,770.38. After the misc. bills for Sept. are paid, the amounts will rollover into the next fiscal years budget - approx. $340,000 could be received for Revenues for next year's budget. Wilson Miller has been paid $106,000 for the first 3 Phases currently. The fiscal year starts October 1~t. Val will scrutinize the Budget carefully and ask the Committee to have the County do a Budget Amendment for transfers into the different Expenditures - Codes & Titles that is needed from the Reserve Account, but will need to see what the Budget figures are before he makes that recommendation. Bob Cunningham asked about Wilson Millers payment for Phase 4. Val explained what they will do in moving the monies into the correct categories. He would like to keep the format straightforward so as not to be confusing and complicated. Val explained the MSTU will be billed by Road & Bridge for the pot holes. It will be applied to next years account. The work is being done now. 1. Pot Holes - Val received several calls on the pot holes but no funds were put in the Budget for Pot Holes. The County has contracts with various companies in which he received prices. Bonness and Better Roads had the lowest prices which are attached. There are different Class's and Types of Asphalt. Val didn't think there is an adequate thickness of asphalt in the pot hole areas, and the patches will not last. He feels an overlay would be a better option and felt the Committee did not want to do any overlays until the Wilson Miller study is finished with the drainage study. If the pot holes are filled, it will not solve the drainage problem and potholes will reoccur. Vai also mentioned Road & Bridge is really busy right now, so got quotes from Bonness and Better Roads for the overlay, which can be done quicker and easier. He will also let the Committee know the pothole prices from Road & Bridge at the next meeting. At the same time Road & Bridge is patching the pot holes. If and when the Committee decides to do an overlay, Val will get firm prices for a particular section 2 or sections. It would be more beneficial to do it ail at the same time. Vai could meet with a member of the Committee and mark whatever sections need to be done. He described the process of the overlay and mentioned the placement of the overlay will also ail depend upon Wilson Millers report. OLD BUSINESS The July 16th minutes mentioned the Committee wanted to move $30,000 from Reserves to Operating, as the Committee requested and Vai has prepared an Executive Summary but it was not executed due to fiscal year and timing. This was for funds for Wilson Miller. Ae Update on Proposed Study/Wilson Miller - Val stated that Wilson Miller addressed a 1-3 Phase study with the Committee. Val handed out all of the Executive Summary paper work that needed to be done for Wilson Miller to proceed with Phase 4. Craig Pager - Wilson Miller - displayed an overhead map and outlined the work and phases done thus far: (Attached) 1) Existing information available: - obtained files from Southwest Florida Water Management and made copies. - obtained & scanned design drawings of Forest Lakes (Construction drawings of the original drainage plan for Forest Lakes and the single family areas) - went to SFLWM District (distributed & attached). Most of Forest Lakes was built without any SFLWM approval. Four permits on record. Only project permitted with SFLWM was Mira Vista. Other permits were gotten through the County, not SFLWM, because there was an agreement on acreage involved and were not necessary through SFLWM at that time. (Attached) 2) Getting digitized photography and survey with aerials (Attached) - Elevations and surveying work of culvert and drainage pipes. No constant elevations - 8' and 8.5' is what was found. Roger Somerville asked if the surveys were done at time of flooding. The answer was - yes - but wished to address later. They have gone in and determined where the drainage sub-basins are located in the development. He showed on the map the drainage areas and will now calculate the amount of water that comes off the sub basins, then add it up and determine how much water is going into the drainage systems and where it is going. Then they will determine if the main system, or piping system or the swales are adequate to transport the flow through the sub-drainage basins. 3. Survey to back up ali information gathered Roger Somerville asked about the water in the lake/s behind Turtle Lake and one behind Building 1 and 6 and all the way to the weir. Craig will give him an answer at the next meeting. Craig handed out information on the water levels. He showed where the water recorders were installed measuring the depth of water in the canal south of Forest Lakes and the Clubhouse Lake. He explained the raw data collected. (Attached) The data showed evidence of flooding in various areas. He addressed Hole 18 Lake, Southeast Outfall Lake, and the Forest Lakes canal. The value of the information is to give the Committee documentation of why they need to perform the solutions Wilson Miller will come up with. Roger Somerville stated he found out if water is pumped out of the lakes, they have to find a place to put it. If a pump station is installed, it can be pumped out, but not allowed to unless the water is put back to keep the levels up. The County Club told him they take water out of the lake for irrigation, and then have put it back in again. He stated the County Club would get a penalty if they did not put the water back because ora 21 year Contract with Water Management. Craig mentioned it is going to be very critical that the Golf Course Lake water levels be coordinated between them and what the MSTU is trying to do. It would be counterproductive for the Golf Course to buy water from the city to build the lakes, and now they are trying to lower the lakes for drainage. Roger would like to put a pump station in the area pumping the water into the canal with an override. Craig mentioned the Golf Course people should be at a meeting to explain the protocol as to what is occurring. Photos were shown of the staff gauges. (Attached) Bill Seabury asked about the water draining into the canals and going downtown with the pipe being 3A full at all times. Craig addressed the levels of the pipe and the sea level elevations. ***One of the big problems Craig mentioned, and showed on the map, are areas of debris blocking the flow of water with rocks and vegetation that needs to be cleaned out and maintained. It is slowing the water flow. ***A photograph of Quail Run was observed with water standing because it has no place to go - there are rocks in the middle of where a swale should be and culverts are covered with dirt and debris. The swales need to be dug out and maintained and kept lower than the culvert pipes so there is no restriction of water flowage. ***Observations of single family areas, is that the design was such that the water go into the swales, come out the backyards and into the canal. He showed the area of the homes on the map. It should be draining but isn't due to plantings of palms, vegetation etc. making changes to the ground level not allowing the water to flow to the canal. **Solution is to remove the things blocking the water flow and regrading it to what it is supposed to be, or put in a pipe to get the water out. Next Phase is to start the Drainage Modeling which will be finished in 3 months. Wilson Miller will have recommendations for the Committee with identifying what the improvements are, description and estimated costs and priority ranking. Roger Somerville feels it is a must getting a pump station to pump the water out of the lake where the weir is and pump it into the canal. He would like to get a pump station from Wilson Miller or Jerry Butler. Bob Cunningham mentioned they hired Wilson Miller to do the study and that they should wait until the study is completed before they take any steps to correct problems. Val stated if they did something today, it would take several months before any designs and information is ready and recommended Wilson Miller finish the study before proceeding with any expenditures or solutions. Craig stated a pump station is definitely a potential solution, but could not tell the Committee at this time that it is the best solution or optimal. The biggest issues with a pump station are the permit/s from SFLWM Dist. and would like the committee to authorize him to start the dialogue with them to find out what would be required for a permit. The design and construction could be quick, but the permitting would take time. Roger Somerville moved Wilson Miller contact SFLWM to gather information on the "process" of permitting for a pump station in Forest Lakes. Seconded Bob Cunningham. A lengthy discussion followed on the motion and where the pump station would be placed if that is a viable solution. Val mentioned maintenance on a pump station would be a long term expense for the MSTU and may not be the solution. Craig mentioned it is too premature to be discussing a pump station at the weir at this time. 5 It was the consensus of the residents and Committee to wait until Wilson Miller is finished with their study before proceeding further with any pump station or solutions and wait for the recommendations and prioritization of the Committee. Wilson Miller had agreed to contact Southwest Florida Water Management District for information on permitting for a pump station, if it is needed, at no additional cost to the Committee. They may not need permits if a pump station is not needed and recommended the Committee approve the motion. Motion carried unanimously 3-0. B. Traffic Concerns onto Pine Ridge - Tessie Siilery Tessie mentioned she spoke with Bob Tipton about the lei[ hand turn and he did not recommend it. He also felt adding seconds to the light would be too long. She will have Mr. Tipton meet with the Committee so they can ask their questions. C. Update on "Flow level Recorders" - discussed earlier in the meeting with Craig Pager. D. Maintenance Scope of Work Proposal from Bill Seabury's list - and approve Transfer of Funds - this will be discussed at the next meeting with the new Budget. Val explained that Commercial Land Maintenances' Contract is up for renewal in which they can give a proposal for the same service for next year, and/or an hourly rate for additional projects. Robert mentioned they have cleaned out the pump by the weir and may need additional clean-out, but can give the Committee a proposal when the time comes. Bob Cunningham moved to have Commercial Land Maintenance submit a proposal for a Contract for the next fiscal year to clean the canal along Woodshire Lane. Seconded Roger Somerville. Carried unanimously 3-0. E. Phase IV - Board of County Commissioners - discussed earlier. Packet attached. Frank Shank (Emerald Greens) - asked about the entrance to Quail Run - where the fences look unsightly toward 41 and wondered if the County could plant trees for beautification. Val mentioned there is not enough right-of-way for the County to do plantings. Mr. Shank needs to contact the Homeowners Assoc. for them to address the situation and they would have to create an MSTU or some type of entity to maintain it. Val will double check the situation. Bob Cunningham suggested at[er they are finished with their projects and drainage problems that if any monies are available in the future, use some of the MSTU funds to install a wall. 6 NEW BUSlNESS A. Meeting Schedule - it was decided to meet the third Thursday of October (16th) and November (20) until the other two members are back, and then discuss the meeting schedule further. VHI. PUBLIC COMMENTS Connie Villegas - Turtle Lakes - can something be done about the vegetation of the canal so the water can move? Bill Seabury answered that Wilson Miller said there is no swales in that area and will need to establish a drainage system. Wilson Miller also talked about the sideline easements where the drainage is suppose to flow and is now being restricted - in the single family homes. If'there are restrictions and it is part o£the Water Management System, Val will check to see if it is the Counties responsibly to maintain or Big Cypress Basin's Board's responsibility. She also mentioned there is a ditch behind Turtle Lakes and wondered whose responsibility it is to clean the ditch so the water will flow. Bill Seabury said it is the Condo's Assoc. responsibility. Vai said the pipes may or may not be capable of handling the additional run off and is part of Wilson Millers study. She also talked about the decline of the road and severe flooding from Pine Ridge to Quail Run going into Turtle Lakes. Bob Cunningham answered there was no design and two contractors in the development at the time of building many years ago. She questioned whether the road can be raised. Val answered it can be raised - but will need engineering design plans, raise the elevation of the gutters, reconstruct all the infrastructures and will still have a problem of getting the water into the drainage structures and from there out. The County will not pay for it - it is not County roads - so the MSTU would have to pay for it. Discussion followed. Nancy Jordon - Turtle Lakes - she had called the Fire Dept and EMS people to find out if they will give services to the residents if it is flooded. They have to be careful of their equipment and may refuse to come and or walk on foot for an emergency. She is concerned about the safety and welfare of the residents and children. Val answered again this will be addressed in Wilson Millers report in approx. 2 ~A months with recommendations and then the Committee prioritizing it. Depending upon cost, the entire project will probably be phased over several years. Money can be borrowed from the County up to a 2 year limit based on the Revenue sources. The Millage rate could also be increased, but not recommended until Wilson Millers study is completed. Mich#gl Bracco - Turtle Lakes - commented on wanting something done with the flooding situation immediately. Agreed that engineering is the way to go, and wanted to know when the problems will be resolved. Bob Cunningham answered that he has been on the Board for three years, the Committee has looked at the problems and ali agreed it is a five year plan to get the problems resolved because it is bigger than anyone can imagine. They have done a few small projects in which resolving one has created another, thus having a study done by Wilson Miller so it can all be done correctly. A pump may be put in - but could push the water somewhere else - they need to be responsible in their endeavors of fixing it so it will not create a problem somewhere else. Charlotte McDermott - Forest Lakes Blvd. - the street level was raised but now the water gets into the parking lots and condos on the bottom floor Ruth Decozia - Fairways - she would like to hear that they will not have to go through another summer with all the pot holes down Woodshire Lane. She could not understand how the money could not have been appropriated. Val encouraged the residents to continue to attend the meetings so they are aware of what the Committee is doing and will make a recommendation for setting up an account for potholes and emergencies. The Budget was not set up properly in the past, which will now be corrected, ff there is a sinkhole problem the residents need to call 911. They in turn will call Road & Bridge and set up a barricade and take care of it. Discussion followed. Ernie Carroll - Emerald Greens - Road is deteriorating and felt a temporary patch could be done and hoped the Committee will discuss this on their Agenda. The meeting adjourned at 12:40 PM. The ne×t '~'~PI,E,\SE ~{)'I~IE~ meeting will be held on WEbNE~_~.. October 15th, At 10:00 AM, AT THE FOREST LAKES CLUBHOUSE Naples. FL 2003 8 30962 Date / Time 8/22/2003 9:38 8~22~2003 9:53 8/22/2003 10:08 8/22/2003 10:23 8/22/2003 10:38 8/22/2003 10:53 8/22/2003 11:08 8/22/2003 11:23 8/22/2003 11:38 8/22/2003 11:53 8/22/2003 12:08 8/22/2003 12:23 8/22/2003 12:38 8/22/2003 12:53 8/22/2003 13:08 8/22/2003 13:23 8/22/2003 13:36 8/22/2003 13:51 8/22/2003 14:06 8/22/2003 14:21 8/22/2003 14:36 8/22/2003 14:51 8/22/2003 15:06 8/22/2003 15:21 8/22/2003 15:36 8/22/2003 15:51 8/22/2003 16:06 8/22/2003 16:21 8/22/2003 16:36 8/22/2003 16:51 8/22/2003 17:06 8/22/2003 17:21 8/22/2003 17:36 8/22/2003 17:51 8/22/2003 18:06 8/22/2003 18:21 8/22/2003 18:36 8/22/2003 18:51 8/22/2003 19:06 8/22/2003 19:21 8/22/2003 19:36 8/22/2003 19:51 8/22/2003 20:06 8/22/2003 20:21 8/22/2003 20:36 8/22/2003 20:51 8/22/2003 21:06 8/22/2003 21:21 8/22/2003 21:36 8/22/2003 21:51 FEET 1.9 1.94 1.97 1.94 1.93 1.92 1.91 1.9 1.89 1.89 1.89 1.88 1.88 1.86 1.85 1.91 2.05 2.31 2.6 2.82 2.99 3.11 3.19 3.25 3.29 3.33 3.38 3.39 3.41 3.43 3.44 3.44 3.44 3.45 3.45 3.46 3.46 3.45 3.45 3.44 3.43 3.42 3.44 3.43 3.43 3.43 3.41 3.4 3.39 3.39 Add 3.12 feet to readings for proper elevation 8/22/2003 9:38 8/22/2003 9:53 8/22/2003 10:08 8/22/2003 10:23 8/22/2003 10:38 8/22/2003 10:53 8/22/2003 11:08 8/22/2003 11:23 8/22/2003 11:38 8/22/2003 11:53 8/22/2003 12:08 8/22/2003 12:23 8/22/2003 12:38 8/22/2003 12:53 8/22/2003 13:08 8/22/2003 13:23 8/22/2003 13:36 8/22/2003 13:51 8/22/2003 14:06 8/22/2003 14:21 8/22/2003 14:36 8/22/2003 14:51 8/22/2003 15:06 8/22/2003 15:21 8/22/2003 15:36 8/22/2003 15:51 8/22/2003 16:06 8/22/2003 16:21 8/22/2003 16:36 8/22/2003 16:51 8/22/2003 17:06 8/22/2003 17:21 8/22/2003 17:36 8/22/2003 17:51 8/22/2003 18:06 8/22/2003 18:21 8/22/2003 18:36 8/22/2003 18:51 8/22/2003 19:06 8/22/2003 19:21 8/22/2003 19:36 8/22/2003 19:51 8/22/2003 20:06 8/22/2003 20:21 8/22/2003 20:36 8/22/2003 20:51 8/22/2003 21:06 8/22/2003 21:21 8/22/2003 21:36 8/22/2003 21:51 5.02 5.06 5.09 5.06 5.05 5.04 5.03 5.02 5.01 5.01 5.01 5 5 4.98 4.97 5.03 5.17 5.43 5.72 5.94 6.11 6.23 6.31 6.37 6.41 6.45 6.5 6.51 6.53 6.55 6.56 6.56 6.56 6.57 6.57 6.58 6.58 6.57 6.57 6.56 6.55 6.54 6.56 6.55 6.55 6.55 6.53 6.52 6.51 6.51 8~22~2003 22:06 8~22/2003 22:21 8~22~2003 22:36 8/22/2003 22:51 8/22/2003 23:06 8/22/2003 23:21 8/22/2003 23:36 8/22/2003 23:51 8/23/2003 0:06 8/23/2003 0:21 8/23/2003 0:36 8/23/2003 0:51 8/23/2003 1:06 8/23/2003 1:21 8/23/2003 1:36 8/23/2003 1:51 8/23/2003 2:06 8/23/2003 2:21 8/23/2003 2:36 8/23/2003 2:51 8/23/2003 3:06 8/23/2003 3:21 8/23/2003 3:36 8/23/2003 3:51 8/23/2003 4:06 8/23/2003 4:21 8/23/2003 4:36 8/23/2003 4:51 8/23/2003 5:06 8/23/2003 5:21 8/23/2003 5:36 8/23/2003 5:51 8/23/2003 6:06 8/23/2003 6:21 8/23/2003 6:36 8/23/2003 6:51 8/23/2003 7:06 8/23/2003 7:21 8/23/2003 7:36 8/23/2003 7:51 8/23/2003 8:06 8/23/2003 8:21 8/23/2003 8:36 8/23/2003 8:51 8/23/2003 9:06 8/23/2003 9:21 8/23/2003 9:36 8/23/2003 9:51 8/23/2003 10:06 8/23/2003 10:21 8/23/2003 10:36 8/23/2003 10:51 3.38 3.36 3.35 3.34 3.34 3.32 3.32 3.3 3.29 3.28 3.27 3.26 3.25 3.24 3.23 3.22 3.2 3.2 3.18 3.17 3.16 3.15 3.13 3.12 3.11 3.11 3.09 3.07 3.06 3.06 3.05 3.03 3.02 3.01 3.01 3 2.98 2.97 2.95 2.94 2.92 2.92 2.91 2.9 2.88 2.87 2.86 2.85 2.83 2.82 2.8 2.78 8/22/2003 22:06 8/22/2003 22:21 8/22/2003 22:36 8/22/2003 22:51 8/22/2003 23:06 8/22/2003 23:21 8/22/2003 23:36 8/22/2003 23:51 8/23/2003 0:06 8/23/2003 0:21 8/23/2003 0:36 8/23/2003 0:51 8/23/2003 1:06 8/23/2003 1:21 8/23/2003 1:36 8/23/2003 1:51 8/23/2003 2:06 8/23/2003 2:21 8/23/2003 2:36 8/23/2003 2:51 8/23/2003 3:06 8/23/2003 3:21 8/23/2003 3:36 8/23/2003 3:51 8/23/2003 4:06 8/23/2003 4:21 8/23/2003 4:36 8/23/2003 4:51 8/23/2003 5:06 8/23/2003 5:21 8/23/2003 5:36 8/23/2003 5:51 8/23/2003 6:06 8/23/2003 6:21 8/23/2003 6:36 8/23/2003 6:51 8/23/2003 7:06 8/23/2003 7:21 8/23/2003 7:36 8/23/2003 7:51 8/23/2003 8:06 8/23/2003 8:21 8/23/2003 8:36 8/23/2003 8:51 8/23/2003 9:06 8/23/2003 9:21 8/23/2003 9:36 8/23/2003 9:51 8/23/2003 10:06 8/23/2003 10:21 8/23/2003 10:36 8/23/2003 10:51 6.5 6.48 6.47 6.46 6.46 6.44 6.44 6.42 6.41 6.4 6.39 6.38 6.37 6.36 6.35 6.34 6.32 6.32 6.3 6.29 6.28 6.27 6.25 6.24 6.23 6.23 6.21 6.19 6.18 6.18 6.17 6.15 6.14 6.13 6.13 6.12 6.1 6.09 6.07 6.06 6.04 6.04 6.03 6.02 6 5.99 5.98 5.97 5.95 5.94 5.92 5.9 1611 cO 0 0 Cq 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COLLIER COUNTY GOVERNMENT TRAFFIC OPERATIONS & ALTERNATIVE TRANSPORTATION MODES LANDSCAPE MAINTENANCE 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (239) 213-8192 FAX (239) 213-5899 Augustl3,2003 Craig J. Pajer, P.E. Wilson Miller, Inc. 3200 Bailey Lane, Suite 200 Naples, F1 34105 RE: Notice to Proceed: "Phase 4 - Drainage Modeling and Water Level Recorders" Dear Mr. Pajer: On July 29, 2003, the Board approved the above captioned work within the Forest Lakes MSTU. Purchase Order//4500013180 has been issued in the amount of $56,000 and as further described on Work Order WMI-FT-03-05 accepted on July 14, 2003, by Wilson Miller, Inc. Please be advised that this letter is your Firm's "Notice To Proceed" as of the requested date of August 15, 2003. Should you have any questions, please contact me at 213-5879. Respectfully, Val Prince, Project Manager Landscape Maintenance Cc: Forest Lakes MSTU Advisory Committee Bob Petersen, Project Manager, Landscape Maintenance Administration ~ Landscape Operations ~ Pathways · Traffic Operations WILSON MILLER INC PO Box 550732 NAPLES FL 33655-0732 . 4500013180 / 0~22/2003 Our lax ID no. 59-6000558 Send invoice to: Board of County Commissioners Attn: Finance Department P.O.Box 413016 Naples, FI. 34101-3016 Your vondor number with us Delivery date: Day 09/30/2003 103292 ~ Terms of delivery: FOB DESTINATION Terms of payment: Net 45 Days Currency USD Item Material Description Order qty. Unit Price per unit Net value 00020 Increase Supp W/O WMI-FT-03-05 56,000 each 1.00 56,000.00 Please deliver to: THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS: 1. This purchase order is considered to be a single contract. Payment will be made upon completion of total order. No partial payments will be made without proper authorization. 2. Purchase order number must appear on all invoices,packages,er correspondense. 3. The County reserves the right to cancel any portion of this order if not filled as specified. 4. Defective goods will be promptly returned at your expense and credit taken. 5. The Vendor agrees to reimbursement of trav~ expenses in aocerdance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses of Public Officers, employees and authorized persons. 6. Payment will be made only in accordance with this order, corrections er price adjustments must be authorized by the Purchasing Director prior to shipment of goods. 7. Discounts of prompt payment will be computed from date of receipt of goods or from date of receipt of invoices, whichever is later. 8. It is agreed, that goods delivered shall comply with all federal, state, or local laws relative thereto, and that the Vendor shall defend actions or claims brought and save harmless the buyer from loss, cast, or damage by reason of actual or alleged infrigements of letter patent. 9. All shipments to be FOB Destination. APPROVE SUPPLEMENTAL WORK ORDER FOR THE FOREST LAKES MSTU TO WILSON MILLER IN THE AMOUNT OF $56,000.00 OBJECTIVE: To improve drainage in the Forest Lakes for the benefit of the residents. CONSIDERATION: On March 25, 2003, the BCC approved the original Worker Order to Wilson Miller and accompanying budget amendment (Agenda Item 16B1). The Master Plan subdivided the Drainage and Roadway Master Plan into a Five Phase approach. At this time Phase I and Phase 2 have been completed with Phase 3 scheduled for completion by July 31, 2003. On June 27, 2003, in an attempt the keep on schedule, the Forest Lakes MSTU Advisory Committee voted to place Task: Phase 4 on the BCC July Agenda for approval. Task: Phase 4 - Drainage Remodeling includes 6 requirements in .~he lump sum amount of $50,000. In addition, the Forest Lakes Advisory MSTU Committee approved a Wilson Miller proposal to purchase and install rain gauge and water level recorders in the amount of $6,000 to assist in field documentation. Staff recommends the Task: Phase 4 - Drainage Remodeling and the installation of the rain gauge and water level recorders be approved at this time. k(~.,FISCAL IMPACT: Task: Phase 4 - Drainage Remodeling is as per the original proposal amount. However, a budget amendment is needed to transfer the MSTU funds in the Lump Sum amount $56,000 for the Scope of Work from Reserves for Future Construction. ' GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the Supplemeiatal Work Order for the Forest Lakes MSTU - Drainage and Roadway Master Plan's Phase 4 - Drainage RemOdeling and approve the necessary budget amendments. PREPARED BY: /~ Date: Val Prince, Project Manager, Traffic Operations & Alternative Trans. lVfodes SteWart ~Y~mell, Purchasing/Director REVIEWED BY: ~' Date: Diane 1: f~g, Traffic Operations & Alternative Trans. Modes Dir~cto[ APPROVED BY: 7/~~. ~ Date: Norma E. Feder, AICP, Transportation Administrator AGENDA [~[~ ,. JUL 2 9 2003 Ps. SUPPLEMENTAL WORK ORDER # WMI-FT-0305 Additional Phase 4 Scope of Work 'Agreement for Fixed Term Professional Engineering Services Dated April 21, 2003 (Contract #01-3290) This Work Order is for Professional Engineering Services for work known as Project: Providinu Professional Engineering Services ~o prepare for the Forest Lakes Roadway & Drainage MSTU a study of a Roadway and Drainage Master Plan. The work is specified in the proposal, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # ',3,'MI-FT-0305 is assigned to Wilson Miller (Firm Name) Scope or Work: As detailed in the attached proposal and the following: Original Tasks Fees Completed: Yes July 3 I. 2003 Task l: pha~;e I - Inventory l~xisting Conditions -- $I0.000 Task 2: Phase 2 - Obtain Digital Aerial Photo.~'raphv Task 3: Phase 3 - Conduct Tot~om'aphie Sun'ev- $4g.000 ORIGINAL PROPOSED TOTAL FEE $106,000 Schedule of Work: Complete work within ~0 days from receipt of the Notice to Proceed authorizing start of work. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the neo~otinted hlnlp sum amount or time and materials amount provided in the schedule above [if a task is time and material, so indicate and nsc the established hourly rate{s) as enumerated in Schedule "A" of the Agreement). Additiona'l Task and Fee: · Task 4: Phase 4 - Draina'4e Modelin'z - Original Lumv Sum 550.000 (Includes 1-6 requirements also see Forest Lakes MSTU-Drainage and Roadway Master Plan Five Phase Approach) · MSTU Committee Approval - Provide Dala Loeeers and Installation -- Lurno Sum 56.000 PROPOSED TOTAL FEE S56,0§0 Schedule of Work: Complete Task 4; Phase 4 within 120 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount or time and materials amount provided in the schedule above (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" o.f the Agreement). · Due to the short Task duration, Wilson Miller may render a Lump Sum invoice for all of Task 4: Phzse 4 or may submit a monthly invoice reflecting a percentage of the completed 1-6 requirements. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. / Date t Val ~,¢~}!.ce, Landscape Project Manager D~te Diane Flagg, Traffic Operations & Alternative Transportation Modes Director ATTEST: (Corporate Secretary) BI.': Type Name and Title Tc,niH~tc.'SN.:WO F/xed Term Pro Eng gory ACCEPTED BY: Date: '-~ ~ ~--~ ~.":~;, . ~./,L]Name of Firn~ By: .~_~ . _ Signature A~O'q DA~ ITEM JUL 2 S 2003 F'g ~ Forest Lakes MSTU - Drainage and Roadway Master Plan Five Phase Approach Phase 1 - Inventory existing conditions'- Cost $10,000 1: Obtain existing record's'0f drainage and roadway design 2. Evaluate existing conditions Phase 2 - Digital Aerial Photography- Cost $50,000 1. Obtain digitized aerial photography of the subdivision that can be used to produce on~ foot contours within the'subdMsion to an accuracy of ~ree (3) inches, 2. Review aerial Photography for potential immediate, wdrk 3. Design immediate work projects Phase 3 - Topographic SurveY- Cost .$46,000 Perform topographic survey of 1.1. Lak~e inter-connect pipes and outfalls documenting invert elevations and pipe/stru~ure' sizes 1.2. Ddveway culverts in single family area do~menting invert elevations and pipe sizes "' ~.3. Swales along oolf course Phase 4 - Drainage Modeling - Cost $50,00'0 1. Develop a drainage model 2. Evaluate various drainage solutions 3. Recommend additional drainage facilities that should be installed' in existing drainage 4. PrioritiZed recommended improvements in order of cosi-effe~veness 5. Prepare. a long-range plan for deployment of recommended improvements ' order to improve 6. Engineering design of Improvements On-call professional engineering services - Budget $30,000 1. Prepare engineering design drawings' 2. Provide engineering services as requested / AGENDA ITEM No.~ _~.~ l~'~ JUL 2 9 2003 WilsdnMiller' New Directions in Planning. Design & Engineering Mr. Gerald Morris, Senior Planner Collier County Transportation Operations Department 2705 South Horseshoe Drive Naples Flodda 34104 Re: Forest Lakes MSTU, Water Level Recorders June 24,2003 Dear Mr. Morals: This letter is a follow up to our conversation on Monday June 23, 2003 regarding the water level recorders for the Forest Lakes MSTU. I had recommended the purchase of these flow recorders in order to document' water levels at three locations relevant to the drainage within Forest Lakes. These water level recorders would be located at the following locations: 1) The outfall canal located along the southern boundary of Forest Lakes that drains southward into the Gordon River. The value to having this information is to identify whether this canal is obstructing the flow of water out of Forest Lakes. 2.) A northernmost lake within Forest Lakes that is upstream of the two discharge lakes. The value to having this information is to identify whether there is a conveyance problem restricting water from flowing into the two discharge lakes. 3) The lake on hole number 16 which discharges eastward into ihe perimeter ditch along the eastern boundary of Forest Lakes. The value to having this information is to identify whether there is a restriction of flow out of Forest Lakes from the eastern portion of the community. In addition to ~e water level recorders, we recommend the purchase of a digital recording rain gauge in order to document the. intensity of a rainfall event. WilsonMiller can provide and install this equipment if so desired. We would provide one (1) Datalogger (Part Number FB0000), three (3) Water Level Loggers (Part Number AFB000), and one (1) Tipping Bucket Rain Gauge (Part Number EK0000) as manufactured by Global Water Instrumentation, Inc. The costof the equipment would be $4,000 and the cost to install itwould be an additional $2,000 for a total cost of $6,000. The equipment would be installed b~/'~Sd~r'lan'd surveyors dudng a time when they are on site performing our contracted survey work. The survey crew will install a staff gauge for manual observation at each of the three proposed locations. The purpose of doing this is to document the water level at each location should the water level sensor need to be reinstalled. I have enclosed some information I downloaded from the Internet. that describes the equipment. Please let me know if you would like us to proceed with this proposal. Craig J. Pajer, P.E. WM PIN: N8213-001-001 Fort Myers Sara$ota Tampa Tallahassee Panama 3200 8alley Lane. Suite 200 Nap/es. Florida 34105 941-64 9-4040 ~ 941-643-~715 ~ www. wil$onrn iller, corn W/Is onMillu, lnc. -- FL Lic ~ L C.CO0012'0 AGENQA IT E,_.M 2 9 2003 Pressure Transducer/Datalogger for Recording Level, Flow and pressure DATA EZ.-PC Software included for PC analysis Tabular display/printout in ASCIi spreadsheet format cable included data port to enclosure pipe readings iadne grade, heavy urethane jacket Barometric pressure vent SENSOR · Submersible pressure transducer, fully encapsulated · Amplified and temperature- compensated · High accuracy (0.2% overall, 0.1% linearity) · 3/4" diameter wet-wet transducer (no vent moisture problems) LEVEL' GROUNDWATEm Aquifer Monitoring Pump Tests Hazardous Waste Sites Landfill Monitoring SURFACE WATER: Lakes Rivers Reservoirs Wetland Studies FLOW' Open Channel Flow River Gauging Stations Irrigation Canals WeidFlumes Sewers/CSO PRESSURE Water System Studies Hydrant Pressure Studies Capacity Studies Global W.ater The Leader in Water Instrumentation Visit Our Complete Online Ca[alog ~M~,w.globalw.com · Call (800) 87fi-1172, 7:30 AM ~o 4 PM Pacific Time International: US (916) 638-3429 - FAX: (916) 638-3270 · E-mail: globalw(~globalw, com- 112.57 Coloma Road, Gold ' AGENI~A ITE~% No._ !i.0 f5 JUL 2 9 2003 pg. 5 Low Power/Internal Battery · Logs 6,000 Readings - 12 Bit Resolution 0.2% Accuracy · EZ-PC Software (Included) - Six Full-Scale Ranges Temperature and Barometric Pressure Compensation ~FEATURES The Water Level Logger provides a datalogger with pressure sensor for remote monitoring and recording of water level, flow and pres- sure data. This highly reliable and accurate water logger records 6,000 readings and is programmable from one reading per second to one reading per hour. Ranges of 0-3', 0- 15', 0-30', 0-60', 0-120', and 0-250' are avail- able. A 25 foot cable is standard, and op~Jon- al cable lengths are available up to 500 feel The Water Level Logger is housed in a weath- erproof cylindrical enclosure which slips inside a 2 inch pipe. The Logger is easily adapted with standard hardware for well-head mounting or other installations. The internal 9 VDC battery powers the logger and sensor for one year. F_Z-PC software allows upload of data to star{dard spreadsheets on a PC computer. DATALOGGER · 1 5/$' dior by I0' 10ng · ~ ~d is ~asily mplac~l) LEVEL SENSOR The Water Level Logger's level sensor is fully encapsulated with madne-.grade epoxy. The electronics are encased in epoxy so moisture can never leak in through the 0-ring seals or work its way down the vent tube to cause drift or sensor failure (as is the case with other sen- · sors). )'he vent tube. is sealed directly to the sensing element, and any moisture that may enter [he vent tube only comes in contact with ceramic, not the electronics. The level sensor uses a unique silicon diaphragm to interface be~een the water and the sensing elemenL This silicon diaphragm is highly flexible and touches the sensing ele- ment producing a sensor with exceptional lin- eadty and very Iow hysteresis. The level sen- sor utilizes a stainless steel micro-screen cap to pmtectthe sensing element. This proteCtive cap has hundreds of tiny openings, making fouling the sensor with silt, mud or sludge vir- tually impossible. WATER LEVEL SENSOR · Amplified, tempe~ure corn pensatecl presum lransducer · Fully e~capsul;~ seasGr * Micro-so'~n ~ cap The Water Level Logger's pressure sensor may be placed slightly below the lowest expected water level. When ordering, select the sensor range that will cover the maximum water level change (this is not necessarily the total depth of water). Select the smallest water level range possible to ensure greatest accuracy. .The Water Level Logger has a cylindrical enclosure that is designed to slide into a 2 inch PVC pipe. For monitoring groundwater, the sensor can be installed in a PVC pipe with its lip resting on the top of the pipe. For monitoring surface water, a protective stilling well can be constructed of PVC pipe with sew eral holes near the bol~om to allow water to flow through the pipe and reach the sensor. The pipe may be attached vertically to a post or on a slant down the bank. See back page for other Water Level Logger options. r2* P/C Pipe or Co~d~ ~, 45' Sweep .~ ~ei$°r I ooo AGENDA ] F_M'r{'~ 'Quick Reference WL15 Level Logger Pressure Transducer, Data Logger and Palm Pilot with :customized software for bo. th PalmOS and Windows. Records Level; Flow, and Presspre at regular intervals. Basic Setup & Operation: Ensure that the cable is handlec['~, stored with large loops and NOT KINKED (which blocks the barometric com~ · The Data Logger intentionally fits into 2-inch PVC pipe. If the well casing is larger, simply use a reducer to accomodate a short section of 2-inch pipe to house the Data Logger. A locking, protective metal Well Cap, is optionally available. · It is not necessary to locate the sensor at the well's bottom - merely below the lowest likely water level. · Avoid error & cable entanglements by installing sensor at least 10 ft above the well pump. / A Note on Battery Life: AJthough the 9-volt battery in the Logger will last months when in normal use, the connection to computer or Palm to collect readings is highly draining. Limit the length of data collection sessions so that battery life is conServed. We HIGHLY recommend the use of Lithium batteries for their improved performance. Consider your timing of battery changes to maximize Logger performance. Open-Channel Installations: · Keep debris, silt or mud away from sensor (eg: Open Channel installations) by housing sensor in perforated conduit or wellscreen. · Use Long-Sweep Elbows (PVC conduit fittings) to ease cable deployment through conduit for riverbank monitoring of flow / level in open channels. GlobalWater rlae Iw. ader in Water Instrumentation 11257 C~0ma R0a¢ c, ol(~ Riv~ CA 9567 7:30 AU to 4 PU ~ our 0aline catalog ~t JUL 2 9 2003 Pg. ~ WL-I $ Water Level Logger Pressure transducer and datalogger combination · Easy to operate and install · Palm Pilot software simplifies data collection · Exports data directly to spreadsheets for analysis · No need to remove sensor for data collection or battery change · Highly accurate water level measurements · -Multiple ranges available from 3' to 250' · User programmable date, recording interval, site name · Real-time readbut of current data · Unique 0-3' range for shallow water · Wet-wet transducer eliminates vent tube cone'ems · Automatic barometric pressure and temperature compensal~on · . Highly accurate water level/open channel tlow data in the palm of your hand Applications Description Rood Analyses, Hydrant Pressure, Irrigation Canals, Groundwater Monitoring, Intiltration/Inflow ..,tudies, Lake and Wetland Analyses, ! Weirs and F~umes, and MUCH MORE... The Water Level Logger, WL15 provides a datalogger with a submersible pressure transducer for remote monitoring and recording of water level, flow, and pressure data. This highly reliable and accurate water logger records 24,400 readings and is programmable from one reading per second to one reading per day. Ranges of 0-3', 0-15', 0-30', 0-60', 0-120' and 0-250' are available. A 25' cable is standard, and optional cable lengths are available up.to 500' 0NLEXC). The Water Level Logger's datalogger is housed in a weather-resistant cylindrical enclosure which slips inside a 2-inch pipe. The logger is easily adapted with standard hardware for well head mounting or ether installa'dons. The internal 9 VDC battery powers the logger and sensor for one year. The WL15 includes Windows-based software, allowing easy upload of data to standard spreadsheet programs on a PC computer.. The Water Level Logger's level sensor is fully encapsulated with marine-grade epexT. The electronics are encased so that moisture can never leak in through O-ring seals or work its way down the vent tube and cause drift or sensor failure, as is the case with other sensors. The vent tube is sealed directly to the sensing element, and any moisture that may enter the vent tube only comes in contact with ceramic parts, not electronic. The level sensor uses a unique silicon diaphragm to interface between the water and the sensing element. This diaphragm is highly flexible and touches the sensing element, predudng a sensor with exceptional linearity and very Iow hysteresis. The pressure transducer utilizes a stainless steel micro-screen cap to protect the diaphragm. This protective cap has hundreds of openings, making fouling the sensor with silt, mud or sludge virtually impossible. SUPPLE ENTAL WORK ORDER # W1V~ FT-0305 ,~dditional Phase 4 Scope of Wor,, Agreement for Fixed Term Professional Engineering Services Dated April 21, 2003 (Contract #01-3290) This Work Order is for Professional Engineering Services for work known as Project: Providing Professional Engineering Services to prepare for the Forest Lakes Roadway & Drainage MSTU a study of a Roadway and Drainage Master Plan. The work is specified in the proposal, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # WMI-FT-0305 is assigned to Wilson Miller (Firm Name) Scope of Work: As detailed in the attached proposal and the following: Original Tasks Fees Completed: Task 1: Phase 1 - Inventory Existing Conditions -- N ask 2: Phase 2 - Obtain Digital Aerial Photography -- ask 3: Phase 3 - Conduct Topographic Survey - ORIGINAL PROPOSED TOTAL FEE $10,000 Yes $50,000 Yes $45,000 July 3.1, 2003 $106,000 Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount or time and materials amount provided in the schedule above (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Additional Task and Fee: · Task 4: Phase 4 - Drainage Modeling - Original Lump Sum $50,000 (Includes 1-6 requirements also see Forest Lakes MSTU - Drainage and Roadway Master Plan Five Phase Approach) · MSTU Committee Approval - Provide Data Loggers and Installation -- Lump Sum $6,000 PROPOSED TOTAL FEE $56,000 Schedule of Work: Complete Task 4; Phase 4 within 120 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount or time and materials amount provided in the schedule above (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Due to the short Task duration, Wilson Miller may render a LUmp Sum invoice for all of Task 4: Phase 4 or may submit a monthly invoice reflecting a percentage of the completed 1-6 requirements. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: APPROVED BY: Val~ Landscape Project Manager Diane Flagg, Traffic Operations & Alternative Date t I~te ] · APPROVED BY: Diane Flagg, Traffic Operations & Alternative Transportation Modes Dixector ATTEST: (Corporate Secretary) By: ~ Type Name and Title Template/SN/WO Fixed Term Pro Eng Serv ACCEPTED BY: Date: ~ ~.-~..'-~ ~:k, ~"~o_'~ Name of Firm N~an Feder, TransportatSon Administrator prince_v Page 1 of 2 1611 13 From: Joseph Restino [JR@betterroads.net] Sent: Tuesday, September 02, 2003 12:33 To: prince_v Subject: RE: Forest Lake We'll look into the pricing but you might want to tell the committee this: Sawcutting and patching still exposes a vertical edge that allows for seepage into the base. Normally, you would not worry about this because the asphalt tends to bind with the existing asphalt. But in the case of Forest Lake the area is under water and look at the existing asphalt in the pot hole areas, we don't think there is adequate thickness to begin with and we do not think, being exposed to as much water as it is, a patch will last. An overlay will seal off the entire Iow area and last longer. If you do not have a timetable for the WisonMiller project, we feel overlaying would be better. We'll get the patching numbers to you shortly. JR ..... Original Message ..... From: prince_v [mailto:ValPrince@colliergov.net] Sent: Tuesday, September 02, 2003 5:16 AM To: .Joseph Restino Subject: RE: Forest Lake JR, An overlay would be nice. It is my understanding that the Committee does not want to do any overlay work until the drainage issues are addressed by WilsonMiller. We would request a price to cut out and fill all existing potholes with asphalt. If charging by tonnage what does that include? I need a breakdown of the costs to provide to the Advisory Committee for their review and approval. The local roads would be the Forest Lakes Blvd., Forest Lakes Dr., Quail Forest Blvd., and Woodshire Lane. Val ..... Original Message ..... From: 3oseph Restino [mailto:3R@betterroads.net] Sent: Friday, August 29, 2003 11:45 AM To: valprince@colliergov.net Subject: Forest Lake Val, We think you would be better off overlaying a small section of the roadway, from the intersection to the south. We did not measure it but it should only take three, four loads at the most and we can fill the potholes prior to paving. There are more pothole on the road west of the clubhouse, is this your road too? The current annual price for this type of work is around 44/tn. As long as we use at least two loads, doing it under the annual as Naples work under 200 tons, wont hurt too bad. Let me know what you think? JR Joseph M. Restino 9/2/2003 Vice President .. ~ P~,~e 2 of 2 1611 ~"~'1 ~ Better Roads Inc. 1910 Seward Ave. Naples, Florida 34109 Phone: (239) 597-2181 Fax: (239) 597-1597 9/2/2003 JEP-O2-2003 IO:08AM Proposa$ 912/2003 Submitte~l To: Ad,tess: contact' Phone: FROM-BONNES$ INC +9415977416 Collier County T~anspottatk)n Road Maintenance Department 2685 S. HorSeshoe Dr. Suite 212 Naples, FL 34104 Bid Title: Bid Number: Project Location: Val Prince (239)774-8192 Ext_ 253-2325 Fax.' (239)213-5899 Project City, ~tate: EngineerlArchite~t: T-582 P.001/001 F-605 For~est Lake Pot Hole Repair Formst Lakes Naples, FL Item No. Item Description 01 Saw Cut And Remove Damaged Asphalt (square Up, Level And Compact Existirt9 Base AS Necessary To Ensure Proper Pavement Tie-ins. Furnish A~d Place Furl Depth Hot Mix Aspha[! To Above Patch Areas And Compa{;t (220 S.F.). Total Bid Pflc, e: $t,000,00 Notes: ' Subject to prompt acceptance within 30 days and to all conditions stipuleted on the reverse side, we agree to furnish materials and labor at the price(s) set forth above. · Permits and fees (if any) by others. * Additonal repairs can be provided by I~onness Inc. At the rate of $4,55 per S.F. $500 minimum charge per mobilization. Payment Terms: Amount due upon completion- A service charge of 1 112% per month (18%/annqrn) on all overdue amounts. ACCEPTED: The above pdce5, SpecificaUo~S and conaitlons are satisfactory and ate hereby accepted. I~uyer $1gnature Date of ACceptance Paae 1 afi CONFIRMED: 0o0 00o mmm ~nmm < m m oo0 0.0.o boo 0o0 00 0o0 o~o~o oo0 o 0oo o00 ~m m~ m..q 0 X ITl 00o ~00o oo0 o00 .o .o .o oo0 ooo 00o000o0 00000000 00000000 00000000 ITl Z mm ITl C~ 00000003 zo ~mEmm~ mo ~ ~> m m m< m m O0 O0 0 0 0 O0 ITl Z C: ITl m 0 0 ~ E 1611 ~,~- o~- ~- o~. ~- -. i~- o~'~ ~. ~- ~-~ 0 0 0 0 0 0 0 0 0 0 ~ ~, ~ 0 ~ 0 0 0 0 Wate~ 16 I1" South Florida tVlanagement District SURFACE WATER ANAGEMENT PERMIT NO."-': ' ~ F* (NON. ASSIGI'~A BLE) AUTHORIZING: DATE ISSUED: LOCATED IN: ISSUED TO: save the South Florida Water Management District ~[d [is socee~sors h~tunless ftorn any and ~ dm~ages, claims, or liabHities which may ~i~ by reason of the cor, s[ruc/ion, opera;ion, n'iMntenari~xe., or tlsp of any work or s;ructul'e B-lvolved in the Permit. Said applicagion, including MI plans and soe.'ifications at[ached thel'eto a;;; ac/dresse:t b* the staff reDOrt, is by t'afe~enee made a pa~ hereof. This Permit may be revoked ~ modified at anytAme ;~ctt'sttant, to tae appropriate provisions of Chapter 373, Florida Statutes. This Pet'mi~ does not convey tc Perrnittee any p~opert, y ri~htsor privilegesoti~er dian those specified herein, nor relieve the Permi~ee from complying wi~h any law, regulati~n, orrequirament ~£iecting N~e rightsoimher bodies o~'agencies. All structures and works installed by Petmitcee hereunder shall remair, tile property' of the Permil.tea Within ti~irty (30) days after' the cc rnpli~tion :~f th~ construction o f inv ~vo:rk or structure relatb'e to this permit, tile Permittee sha31 file ~[th the t'~is~rict a written statement of c repletion on the apl. u'opriare form provided by the E~oard. SPECIAL CONDITIONS A':¢E AS FOLLOW,S: ISSUtkNCE RECOMMENDED: Chief' of Permits By: Director, Regulation Division: By: SOUTH FLORIbA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Original Si~ned By .JOHN WCi!"~Pt::i;i,;:~, By Assistant Sec;rctarv Secretary FORM PA-28 Rev. 7/79 1611 1. DISCHARGE FACILITIES' ,) DESC?,IP':'!ON: 2-24",,." ....... :~.J' CX?' S. !?ECEIVT'~ ,, .~,u WATER: GORD()t.I i?!vEx ';&TEE QUALI",'Y ;3:-~1/;, FOR i'HE qHALL BE SU~.,MITTE$ TO THE [)Z¢,F,,vF '*' ' - INCLUDE TOT,*L SUSPENDED qOL;DS, ~,~r.~*-..c -,= X X:FF:~'~¢ AS H "-'~= ' - 5 D/W 20°C BOD, TURBIDITY 5;pFCTFiC IF WATER QU/,LITY DATA ~S :~,'-',,'r~¢':- ,- ....... ~"-' VOLIJMES OF WATER D!SC!i/C<GED, i'.'iCLL!D!I~; DAYS OF SAMPLING AND TOTAL QUALITY DATA I'S NOT REQUIRED AT TiHE "':: ?ERa'ii",' -,c. ..... . .... SPECIAL CONDiTiONS OF RULE UNI.ESS OTHEItWISE PROVZDED ..... :' ~ 'ir~tTFEfi IF '"" THE PEP, MITT','E'S ALLOW,,%:.LE D!SCHARCE i'~' ~5 u~:,. .,, C~ .,, , THE I_]r',ITAT'~ ..... '" ~u,~., CITED hEl,~I . FACII.ITIES O'I'iiER TI-iAN THOSE STA'[ED r.,Ef::,Eiil ~"'""':X'~.,~._L ;~U~' ..... - BE SO'IS TRUSTED WI,f,,~u," .... -'- ,/IN APPROVED MODIFICAI'ION OF ii-liS PERMIT. LAND USE SERVED BY T!i~:' ........... PERr'!iTTED FACTI l':i:c !S I .... , ........ r',,:'c.',p.,, I NG ............ pr?oPOqEn CONSTRUCTION OF RESIDEXCES HAY ~,~_wL.IIRE ..xF~Ot,, OF T}iIS ?~bl]'F /,r~U MUST BE REPORTED TO THE DISTRICT. 'TILE PEF~,IITTEE SHALL DE RL'SF'C)NSIBLE F"OFe SHOALING OR WATER QUALITY "'~' '-' ~' '" OPERATTOi'I OF THE SURFACE FORM PA-31 REV, 11/79 South Florida Water IVianagement WATER USE PERMIT District NO. (NON-ASSIGNABLE) DATE ISSUED: EXPIRATION DATE AUTHORIZING: LOCATED IN: COUNTY, ~.~EC~ION ~:~ TWP. :'!,m RGE. ' ' ISSUED TO: This Permir is issued pu:suant to Application for Permit No. ;~ ~?.,rdated !?~.,~,F~li:.F,t, Il 19 f! ~ for the Use of Water as specified above and subj,' ct to the Special Conditions set forth below,. Said application, including aH plans and specificatioos attached thereto, is by reference m~ de a part hereof. l. Jpon written notice to the [.ermitee, this permit may be temporarily modified, er restricted under a Declaration of Water Shortage or a Declaz'ation of Emergency du,- to Water Shortage ill accordance w/th provisions of Ch. 373, Fla. Statutes, 1973 and applicable mies and regulations of the South Florir~ a Water Managemen~ District. This Permit may be permanentS, or temporarily revoked, in whole or in part, for tile violation of the conditions of the permit or for the violation of any provision of tl.~ Water Resources Act and regulation~ there~mder. This Permit does not convey $o permittee any property rights nor any privileges other than those specified herein, nor relieve the permittee from complying with any law. regulation, or reqnirement affecting the rights of other bodies or agencies. SPECIAL CONDITIONS ARE AS FOLLOWS: "" :,nL,:.~ . (il: a- Ii i'" ......... '"' :'~ :,i'"' . ISSUANCE RECOMMENI)ED: Chief of Permits By: Director, Regulation Division: By: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNIrqG BOARD Original ,Signed By Assistm~t Secretary Secretary SURFACE ,) 6. 7. DI.IRII,i(~ ?EF',]ODS ~,h WHICH THERE LS ''~ uR~ATER T~iA~I THOSE. EST!P. ATED BY ThE FACILITIES DESCRIBED ftEREIN t,','li,lu.u: PERMIT AS LONG AS T~E WtTH3P. AWA[ IS ~hflRHFUL TO 'i'H/ WATEFi RESubk~_ L.~' ~'~-. :T~4 THE EVEI4T OF A Er_CLAkLd .u, AY BE ORE)ERE['} BY 'DiE DiSTR;C'/ ':i PF,~OPC~',-,:7;.?r, -.;; THE CALCL;L/C'En .... *'~ W ! Tti DRAWAL . MONTHLY WITHDRAWALS .>~'.ALL~ ,%PORTE T:i; -'~',,.,_ ..~'3, ~,cI,.;- ,~,'* ?;.-,t"' A;;2, " .... ""-'"'r_.'::.L: -'. Ot'i FORMS PROVIDED f~Y THE DISTRICT. S{)URCE CLASSIF ICATIOF'i F'OE '.,,," T~-{¢',)R.,,,,,xu~¢'' '"' i~. 3 bRF**,..i: ,IA ~ cE. ~'~uAl ION IS 'dSE CLASSI"~'- ';HIS PER,hIT SHALL EXF:~RE WiTitDRAWAL FACiLi~!ES ARE 2-4" ?UMF:S EACFi WITH~,RAWTHG AT 300 GPM FEO, 2 LAKES. ii:ET 2 OF 1611 dF<EATER Ti.iAN THOSE ESTIMATES BY T,.~E ;,::CILIT[ES 'DESCR:BE[)H:_'qREiL' '-*'"",,~ ,, i'ERMIT AS LO?IG At ThE 1.~'ITfiD~bVxAL ::ARMFUL TO THE WATER RESOURCES F'.IOHTHLY NITiiI.:RAWAI. S Sii.ALI ,,c ,,-p-,n ., v.e,y p~. r,[ ,, ..... Eli '7::, Tx'i: FORMS P~OVIDED BY T!:E DIS',=R:CT 3,~ILLER'S uG,IPLET:.,:,: PORTS AVAi :.,.;, :::. ~:S'=::i'CT S::,,,.LL ~E c.:?,:"":::.: FOR NEW WELLS UPOtl COIIPLETiO~i C.F '"': q ..... · TP~E DISTR: L.T"' SHALl_ BE IiOT I F'IE[) ::'F L ETT[q .Id:' ~_.' ,_:"<~.,._.. :, ~ ...... .... ,.,.<f .: ,r-: :,::.,?.,, T :: :--- E ~hSTALLAT~gN OF NEW WELLS. "I'J'tt DRrLL CU"FTIr~GS FROM A~rf ':'.~ .z,.~AY FIVE FEET OR EVERY Fum.;,,,]CX CXAXCS ,,.,?~ -', ~;}GS AFiD LOCATIOH MAPS OF 'i-lEE WELt. ,' ....... ,,cTM .: SENT TO BOTH THE DiSTRiCT AhD THE [1~:~._:~ 5F ~)P THE DATE OF COfISTfiUCTIOh. THE AT)DR:t:'; 6: T--;] F',_Oq:DA ;~:.,~Au o;: ........ -., 1:'.~ .:.S FOLLOWS f..O~<IDA nu,,.r_~u:"~"~"": .Tn r:FOLCq:', 903 ,,~_ 3: .:,,~-, 1 H [ C,~' T TALL, ;iASSE: FLORIDA ',"r,.: :,hr,r,', WATER USE SECTION, SOUTH F~'~ R,,~,~,~'~,,, DISTRICT, ~,,,c-- 9FF CE ?,OX .... :' '~'~ ~ , WEST PALM BEACH DA ~.i,3URCE (.! ASSIFiCI\TIOll FOi'! UTE CLASSIFICATION IS LANDSCAPE, Ti:IS PEP, MiT WiLL EXPIRE Or~ JANUARY 15, lg89. - ,,--~ c ,:,~ BEC::Y:E :t',uPt::.~,,lV~_, i<L!-';:,:;:::: ""- :"' "C:JXE;,T <:-" L~.:,,,'~OL.: LEAK C'R ~, :/r- ..... ~'~ ' ' ..... ":':.3E TO PL;'F TtiE SYSTEM ~-3ACi: if; OPi:RATIr.;G DISTRIC':. FA;'[ tiRE TO O',lAKE ::L,C:: AEPAiF:% S}:.ALL S{ .J: /, :J .'.', ::' F(): FILLih(: ,:,:;3 Ai:ANDONINC THE :.tELl_ :,~i AC,:('~R?,A:,C[ :..,'iTi! .::itO.':EJ;U:x::.2 CJTL. It:ED BY T~-E i)F EhViPONME~/i,:.L REGLJLATIOX AX:'~ hlTt: THE ;.,, I't!I)RAWAL FAClLITIE~ ARF '1-6' x ~..) i'!~:[.'~_ PUM?E[) AT 300 GPM FROM SftA[.i_L',W AQUIFER.AND 1-6" X 18' WELL PUMPED ,AT .... n ...... ,, ~uu ,.:-,.~ FROH SHALLOW .AOdlFER. iFOREST LAKES R(),\I)X,VA~' A Ni) I)R..\IN,M;I'~ ~l.$.'l'.l . ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 A[enda October 15~ 2003 CALL MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: June 27 & Sept. 11, 2003 APPROVAL OF AGENDA: TRANSPORTATION SERVICES REPORT A. Budget - Val Prince 1. Pot Hole Update 2. Transfer of Funds OLD BUSINESS A. Update on Proposed Study/Wilson-Miller- Craig Pager B. Traffic Concerns onto Pine Ridge - Bob Tipton NEW BUSINESS PUBLIC COMMENTS ADJOURNMENT The heX! meeting will be A'ovemb~,r I . i T Tilt:' FORI::ST 1058/'~,re.~'/i. al~e.~ Drive FOREST LAKES AND I)R:\INA(;I~ ~,i,~,I~.1 ADVISORY COMMITTEE 2685 S. HORSESHOE DRIVE NAPLES, lq~ 34104 Summary of Minutes & Motions September 11~ 2003 me IV. Approval of Minutes - Bob Cunningham moved to approve the minutes of July 26, 2003. Seconded Roger Somerville. Carried unanimously 3-0. (Note: There was no regular minutes due to lack of quorum for July 16m, only notes taken). Approval of Agenda - V. A. Budget, #2 -"Paying for Asphalt Work". New Business, A. - "Meeting schedule". Roger Somerville moved to approve the Agenda with additions. Seconded Bob Cunningham. Carried unanimously 3-0. Transportation Services Report - Val Prince A. Budget - the Budget was not prepared properly in the past and Val will now be responsible for it. - Revenues are $335,008.32 Only $11,600 was put in Operating Summary to be split into several categories. - There is a debt service of $60,000 to be repaid. VI. Old Business: A. Update on Proposed Study/Wilson Miller- A lengthy report was given by Craig Pager of Wilson Miller. (Enclosed) - Several problems found were discussed with the Committee. After a lengthy discussion on a pump station - Roger Somerville moved Wilson Miller contact SFLWM to gather information on the "process" of permitting for a pump station in Forest Lakes. Seconded Bob Cunningham. It was the consensus of the residents and Committee to wait until Wilson Miller is finished with their study before proceeding further with any pump station or solutions and wait for the recommendations and prioritization of the Committee. They may not need permits if a pump station is not needed but Wilson Miller recommended they approve the motion. Carried unanimously 3-0. D. Maintenance Scope of Work Proposal - Commercial Land Maintenance' Contract is up for renewal. Bob Cunningham moved to have Commercial Land Maintenance submit a proposal for a Contract for the next fiscal year to clean the canal along Woodshire Lane. Seconded Roger Somerville. Carried unanimously 3-0. 2 COLLIER COUNTY TAX COLLECTOR October 6, 2003 Honorable Tom Henning, Chairman Board of County Commissioners Harmon Turner Building Naples, F1 34112 Dear Chairman Henning: Florida Statute 197.492 requires that the Tax Collector shall make out a report to the County Commissioners separately showing the discounts, errors, double assessments and insolvencies for which credit is to be given, including in every case except discounts, the name of the parties on whose account the credit is to be allowed. The "Errors and Insolvencies" list for the tax year 2002 is attached. This computer compilation has as its supporting documentation the Property Appraiser's Certificate of Correction form (copy attached), which is approved throughout the year. Instead of the name of the parties (as stated in the Statute), we have identified it by the eleven-digit property identification number, which is the same as the folio number on the Certification of Correction forms. This Statute requires that you examine the list and approve or disapprove it. We will appreciate your response. Should you have any questions, please contact me. Sincerely, cG;fl ~;,T;~oCr~tdalect°r GLC/rj Encl. Cc: B. Miller uc,; C~, To: COURTHOUSE-13LDG, 0-1 · NAPLES, FLORIDA 34112-4997 www.¢otliertax.com Date: Bk/Pg: ABE SKINNER, CFA CERTIFICATE OF CORRECTION FOR 19__ COLLIER COUNTY TAX ROLL Sections 197.131 and 197.122. F.$, And Chapters 12D-8.021 amd 12D-13.006(2) F.A.C. D Real Property D Tangible Personal Property Folio: E&I #: Mill Code: Land Use: Assessed To: Description: Should Be Assessed To: Correct Description: The Initial Assessed Valuation Was: Market Value: Assessed or Classified Use Value: Exempt Value: Taxable Value: Penalty (TPP): Initial Total Tax: The Correct Assessed Valuation Is: Market Value: Assessed or Classified Use Value: Exempt Value: Taxable Value: Penalty (TPP): Corrected Total Tax: (Check if applicable) _ A material mistake of fact relating to an essential condition of the property is being corrected within sixty (60) days of certification of the tax roll which occurred on , pursuant to s. 197.122(3)(b) F.S. Reason(s) For Correction Correct N&A Combined w/Parcel # Doubled w/Parcelg Adjust Value Land Adjust Square Feet Adjust No. Of Res. Units Adjust Land Use Vacant Correct Property Description Add to Roll Delete from Roll Bldg. Misc. TPP Adjust Lot Size Adjust Acreage Adjust No. Of Lots Back Assess Improved Res. Commercial Other Please Explain Reason(s) for Correction (use additional sheets if necessary) Exemptions: HX Widow(er)s Disab Wholly Allow Ag. Classification Capped Assessnaent Curtilage Change Abe Skinner, Property Appraiser By Deputy: Rev 1~96 Subsfim~ DRY09 Received by Tax Collector Date M 03 fi) M ~ 0 Zo ~o~o ~o ~o ~o ~o ~o 00 00 I 00 00 00 00 00 00 OO O O O O O O O O O ~o ~o ~o ~o ~o ~o ~o ~o ~o O~ O~ O~ O~ Om O~ O~ O~ Oq H ~ ~ ~ H H H H H O O O O O O ~ O O O~ Oo Oo O~ O~ Oo O~ Oo O~ o ~ ~ o o ~ ~ ~ o H~ H~ H~ ~ ~ ~ ~ H~ H~ ~ 0 0 ~ ~ 0 ~ 0 ~ 0 0 0 0 0 0 kO 0 0 O O O O O O ~0 O O O O O O O O O O O 1 I'1 ,1 I I I I I I o ~,J O~ ~ o o ~0 ~ 0~ o o -.~ ~ ~o 0 0 ~J ~-~ 0 -.1 0 0 LO ~J 0 ~ ~0 ~J ~ 0 On ~ ~0 0 ..~ pa O~ 0 0 0 ~ ~0 ~o 0 0 o ~o ~o ~o ~ o Oo Oo Oo ~ o ~o ~o ~o ~0~ o° g§ o ~o ~o ~o ~ ~ O~ Oo O~ ~o ~ ~ ~ o o o o o [~JH o o o o ~.~ ~o ~o ~o o ~o o o o o Oo Oo Oo o Oo o o o o o o o o o o o o o ~o ~o ~o o ~o o o o o O~ O~ Oo ~ O~ ~ ~ ~ ~ H H H H O~ O~ O~ ~ O~ ~ ~ ~ ~ 0% 0% 0 0 0 0 0 0 0 I o o o5 0% 0% o% 0% o% o% -,3 -.3 o o o o o o o 1-4 I-a o o o o o o o 01 O~ o o o o o o o o o o% o% 0% 05 o% 0% 05 -.~ -.} o o o o o o o I-a I-~ o o o o o o o ~J1 U1 o o o o o o o 0 0 0 0 0 0 0 0 0 o o o o o o o o o o ~ ~ ~o o Oo Oo Oo Oo Oo Oo Oo Oo Oo ~ 0 0 0 0 0 0 0 0 0 0 ~0 o ~o ~o ~o ~o ~o ~o ~o ~o ~o H~ ~ Om O~ O~ O~ O~ O0 O~ O~ O~ ~0 ~ O~ Oo O~ O~ Om O~ O~ O~ O~ H~ ~0 o o ! 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If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures Law Enforcement Agency: Federal Annual Certification Repor{ This Annual Certification Report must be submitted within 60 days after the close of your fiscal year to bo~ a U.S. De. rrm ent of Ju,fi ceYACAPr og ram 10th and Constitution Avenue, NW U.S. Department of the Treasury Criminal Division/AFMLS Executive Office for Asset Forfeiture Bond Building, Tenth Floor 740 15th Street, NW, Suite 700 Washington, DC 20530 Washington, DC 20220 E-mail address: afmls.acaC~usdoi.g0v E-mail address: treas.acaC~teoaf, treas.,q~v Fax: (202) 616-1344 Fax: (202) 622-9610 Collier County Sheriff's Office () Police Department ~ Sheriffs Officc/Dcpmlmcnt O Task Force (.u~h ii. of mmv,) ,~ ~c~m~s Offi~ ? Other ~n~ct Pemon: Joy~ Ho~ E-mail Address: ~m~collie~he~ff. org ~i.nO A~: (S~t) 3301 T~i~i T~I ~ BI~. J-I (Ci~) N~lcs (Sme).Fior~ Telepho~ Numar: ( 239 ) 793-9346 Fax Number: ( 239 ) 793-9405 A~cy F~I Y~r ~ on: (Mon~ay~c~) ~/30/03 NClClORIITmcking No.: 8umma~ of Equitable Sharing Activi~ Fi~I Year Ending Justice Funds 1. ~ginning Equi~lc Sh~ng F~d B~cc ......................... $ 37,933.03 2. Federal Sh~ng Funds Received ........................................ $ 6,~0.94 3. T~sf~ From O~cr Law Enforcement Agencies (a~ch list) $ 0.00 4. ~cr Income ..... . $ 0.00 5. Interest Income Accrued (~ check if non-interest-bering account) ........................ $.404.70 6. To~ Equi~lc Shmng F~ds (to~ of lines I - 5) - Plcme leave blm~ ~is number will bc c~c~a~d automatic~ly. $.~,978.67 7. Fcdc~ Shag Funds S~nt (to~ of lines a - n) - Plc~ leave bl~ ~is number will bc calculated automatic~ly. $ ( 1,882.88 8. Equit~le Shying Fund Balan~ (subtract linc 7 from linc 6) -- Ple~c I~vc bla~, this number will bc calculated automatically. $ 43,095.79 9. Appnised V~uc of O~cr As~ Received s~mma~~ shared MOnies s~nt $0.00 a. Total spent on salaries for new, temporary, not to exceed l-year employees $0.00 b. Total spent on overtime 50.00 c. Total spent on informant and "buy money" - $.0.00 d. Total spent on travel and training $,0.00 ¢. Total spent on communications and computers $.0.00 f. Total spent on firearms and weapons $ 0.00 (Zip Code) 34112 Treasury Funds $.0.00 iO.O0 50.00 5.0.00 5.0.00 $ ,0.00 $ (0.00 $ 0.00 $ 0.00 $,0.00 iO.O0 $,0.00 $.0.00 5.0.00 Date 10/6/03 Na.c (Print or Signature: T/tlc: Ch~ Collier Co~ B~ ofCo~Commi~ione~ U.S.C ~ 552. ~ m.u~oi.~ov/~minaV~i~h~l 50.00 g. Total spent on body armor and protective gear ......... _ $ 0.00 $ 0.00 h. Total spent on electronic surveillance equipment ............ $ 0.00 $ 0.00 i. Total spent on building and improvements .................... $.0.00 $0.00 j. Total spent on drug education and awareness programs $0.00 $0.00 k. Total spent on other law enforcement expenses (attach list) . $ 0.00 $ 0.00 l. Total transfers to other law enforcement agencies (a-ach list of recipients) $0.00 $0.00 m. Total permissible use transfers (up to 15 percent) (attach list of recipients) $. 0.00 Amount of line (m) transferred to and used for chug abuse treatment and prevention programs ........... $0.00 n. Total spent on matching grants (attach list) ........ $1,882.88 $.0.00 o. Total annual law enforcement budget for your jurisdiction for current fiscal year $ ! 03,456,600.00 p. Total annual budget for non-law enforcement agencies for current fiscal year _ $. 1,268,797,800.00 .~. m, *,-. ~ ',, q. Total annoa.[ {aw'enfor~em.,ent ,budget for your jurisdiction for prior fiscal year $ 92,426,600.00 r. Total, ~a~tu.al. bfi~l~ ~br~o~..,~.!~.W: enforcement agencies for prior fiscal year S 1,275,355,200.00 Under:' ~t~.l~.a!f~o,f~ i~, rj~r~'<~!~ ..u~ h~rcby c~rtify that the information in this report is an accurate accounting of funds received and spent by tl~ law enforcement 2OO3 COLLIER COUNTY SHERIFF'S OFFICE 3301 TAMIAMI TRAIL EAST BUIDLING J-l, FINANCE DIVISION NAPLES, FLORIDA 34112 EXHIBIT I MA TCHING GRANTS LIST COPS MORE 2000 = $ 441.69 COPS MORE 2000 = 1,230.34 COPS MORE 2000 = 210. 85 TOTAL $1,882.88 MEMORANDUM Date: To: From: Re: October 31, 2003 Tom Palmer, County Attorney office of the County Attorney Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-375, which amends Collier County Resolution No.2000-126, to correct references to the exhibits in No. 2000-126 Enclosed please find a copy of the above referenced document, Item #16K1, as approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at 774-8406 Thank you. Enclosure RESOLUTION NO. 2003 - 3 7 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY RESOLUTION NO. 2000-126 TO CORRECT REFERENCES TO THE EXHIBITS IN THAT RESOLUTION WHEREAS, Resolution No. 2000-126, adopted by the Board of County Commissioners on May 2, 2000, vacated drainage and utility easements and concurrently replaced those vacated easements with replacement easements; and WHEREAS, Resolution No. 2000-126 stated that the easements being vacated were described in Exhibit "A" attached to that Resolution, but those Exhibits should have been referred to as "Exhibits A, B, C, D and E," which are recorded in O.R. Book 2675, pages 2705- 2713; and WHEREAS, Resolution No. 2000-126 referred to the replacement easements being accepted as "Exhibit B" attached to that Resolution, but that referenced "Exhibit B" was designed in handwriting as being "Exhibit B (pages 1 of 18 through page 18 of 18), which are recorded in O.R. Book 2675, pages 2714 through 2731; and WHEREAS, this Resolution corrects all Exhibit references in Resolution No. 2000-126. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Collier County Resolution No. 2000-126 is hereby corrected as follows: A. The last sentence following the NOW, THEREFORE CLAUSE is amended to read: "See Exhibits A through E attached hereto and incorporated herein, which describe the easements being vacated." and B. The First (of three) BE IT FURTHER RESOLVED CLAUSE is amended to read: "BE IT FURTHER RESOLVED, that the utility and drainage easements more particularly described in Exhibit "B" pages 1 of 18 through 18 of 18, inclusive, handwritten at the upper right-hand comer on each page of those Exhibits attached hereto and incorporated herein is are hereby accepted as replacement easements for the drainage and utility easements vacated by this Resolution ~." Resolution 2000-126 vacated the easements described in the documents recorded in O.R. Book 2675, pages 2705-2713; and replaced those vacated easements by operation of the documents recorded in O.R. Book 2675, pages 2714 through 2731. Neither Resolution No. 2000-126 nor any of its Exhibits are otherwise affected by this Resolution. PASSED AND ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~rttrx day of {~~_ , 2003. ATTEST: T BOARD OF COUNT, Y COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN~I~ FL~A By:~"~~'~.C. By: ~V~~~ ~ ~~ ~~,$. TOM ~NNING, Chai~ ~ Approved as ~o form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 16K2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF JANUARY 9, 2004 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: b/b/I/Normal legal Advertisement 1--] Other: (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning 'A'Person: Rick Grigg Put name & phone number in advertisement. Date: September 25, 2003 2800 North Horseshoe Dr. Naples, Fl. 34104 (239) 659-5731 Petition No. (If none, give brief description): Petitioner: (Names & Addresses): 1) Armando Yzaguirre P.O. Box 330 AVPLAT2003-AR3691 ( NEW MARKET SUBDIVISION BLOCK 50 ALLEY ) Inunokalee, F1 34143 - 0330 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Joe Lewis c/o Aim Engineering & Surveying 5300 Lee Bouldvard Lehigh Acres, FI 33971 - 1026 2) See list of adjacent owners. Hearing before ~' v' v' BCC BZA Other Requested Hearing date: OCTOBER 28, 2003 Newspaper(s) to be used: (Complete only if important): Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: PETITION AVPLAT2003-AR3691 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK 50, ACCORDING TO THE PLAT OF "NEWMARKET SUBDMSION", AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION ], TOWNSHIP 47 SOU'I~, RANGE 29 EAST. Companion petition(s), if any & proposed hearing date: NONE Does Petition Fee include advertising cost? 0/0"' Ve Yes For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113-138320-649030 Department Director ['=[ No If Yes, what account should be charged for advertising costs: Approved by: Dat~ County Administrator Date List Attachments: I) RESOLUTION WITH EXHIBIT "A" 2) LIST OF ADJACENT OWNE~ DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: I/b/ ye County Manager agenda file: b/ l/l/Requesting Division l/l/I/Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to C~erk's Office, retaining a copy for file. Date Received: 10-1-03 DateofPublichearing:. {0-~.~'0~ Date Advertised: }O-(q'-(~ RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR3691 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK 50, ACCORDING TO THE PLAT OF '~NEWMARKET SUBDIVISION", AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Aim Engineering and Surveying, Inc., as agent for the petitioner, Armando Yzaguirre, does hereby request the vacation of the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision" as recorded in Plat Book 1, Pages 104 through 105, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 20 foot wide alley are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2003, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G.-'Bthite, E~q., Assistant County Attorney SKETCH AND DESCRIPTION OF THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA 100 0 50 100 200 POINT OF SW CORNER LOT I N 44°0LP'06" 20.00' NW CORNER LOT 40 DESCRIPTION: SCALE IN FEET NE CORNER LOT 21 ? ? SE CORNER OT 20 S 4~9'07' W 20.00' THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION, SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AS RECORDED IN PLAT BOOK I, PAGE I04, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT I IN SAID BLOCK 50; THENCE SOUTH 45055'12" EAST, A DISTANCE OF 499.62 FEET TO THE SOUTHEAST CORNER OF LOT 20 IN SAID BLOCK 50; THENCE SOUTH 43o59'07" WEST, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT 21 IN SAID BLOCK 50; THENCE NORTH 45°55'12'' WEST, A DISTANCE OF 499.64 FEET TO THE NORTHWEST CORNER OF LOT 40 IN SAID BLOCK 50; THENCE NORTH 44°02'06" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES MORE OR LESS. NOT VA~JD WITHOUT 3H~ eJGNATUR£ AND 1HE ORIGINAL R~JSED SE~J, OF A F~ORIDA U(:~:NSED SURetY'OR AND MAPPF. Ro Am laatmeerl~ a Sm,,~yt~. lao. P.O. BOX 1255 ~i~ LEHIGH ACRES FLORIDA 559?0 ~ ~ ~ 259/::5:52-4569 ~ FX:239/$32-8734 PREPARED BY: AIM ENGINEERING ~ SURVEYING, INC. ROBERT TAD SIMP$ON,~( P.~.bl. DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 65,5g THIS 18 NOT A SURVEY SHEET 1 OF 1 5300 LEE BLVD. 'RO~DT NU~J~, DE$CRI~TION~ SKETCH AND DESCRjP~ON OF 01-~60 THE AL~ LYING WffHIN BLOCK 50, N~ MARK~ SUBDIVISION L~ ARMANDO Y~GUIRRE DATE: aEC-TWP-~6E I FILE: ~ COUNTYt 11/6/02 3-47S-29E 806~A~Y CO~ER COUN~ EXHIBIT "A" SHEET I OF l AVPLAT2003-AR3691 17,4 Parcel 1 7/I Page 1 of 2 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIVILLARREAL, VIRGINIA Address:IIMICHELLE AYALA Address:Ill314 TANGERINE ST Address:Il Address:Il Address:IIIMMOKALEE FL 34142-2114 VALUE/EXEMPTIONS I IIParcel:l1635654°°°°2 II Acre:Il0'32 I II L°c:11275 E NEWMARKET RD !11 LegaI:IINEWMARKET SUBD BEE 50 LOTS ill Legal:Ill7 THRU 20 II Legal:Il ILegal: TaxUe Value:llg094S Millage Code:ll00s Homestd Ex:Il0 Agricltr Ex:Il0 Widow Ex:Il0 e,ind E×:II0 Disabled:Il0 TAX INFORMATION PAY TERMS PAYMENT INFO C°unty:l135s'7e School St:II3ss.52 School Ioc:11233.oo City Tax:il0.00 Dependt:l1170.36 Water:l147.ss Independ:JJ272.84 Voter Appr:JJ2 Gross Tax:Ill ,486.82 Appr fee:Il0.00 Advertising:IlS.97 Nov:ll~,427.35 Dec:111,442'22 Jan:lll,4S7'°a Feb:lll'471'95 Mar:lll'486'82 Apr:ill,531.42 aaY:ll~,537.39 Paid Dt :1[00/00/00 Recpt:l[0 Paymt:llo.oo I Mo.:Il0 I STATUS INFO. Non Ad Va:]IN Installment:HN Deferred:liN Bankrupt::HN TDA:ll0 CERTIFICATE INFORMATION IYear Ilsplit Ilce~t. # IIAmountDue I~'~-Iloo I1~o~ 11~,63~.96 Amount due thru:llMAY 2003 12004 I100 115980 11~,293.5~ Amount due thm:llMAY 2003 1~997 Iloo 115777 Amount due thm:JlMAY 2003 I~se Iloo I1~ Iio.oo Amount due thm:JJ2003 IIDate issued IIRcpt. Date IIRec # IIMach IIs~ IITM IIAmount Paid I 11o5/29/2oo2 Iloo/oo/oo ]1'~---Iloo II Iio Iio.oo I II c°mment:ll 11o5/29/2oo'~ Iloo~oo/oo I~1oo II Iio Iio.oo II c°mment:ll 11o5/29/1997 IIoo/oo/oo ]17--~1oo II I10 I10.00 I II°5/3°/1996 II°'m°/°3 I~1'~4 lip I10 112,069.30 I II Comment:Il * Certificates must be paid with cash, cashiers check or money order. Last Updated: 5/12/2003 5:00pm http ://www.colliertax.com/RecordDetail.asp?FoliolD=63865400002 5/13/2003 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION I Parcel:l163865000004 II Acre:lb'l'~ I Name:IIFARM-OP-INC Address:llPO BOX 3088 AddressilI Address':iJ I Address:Il Address:ILIMMOKALEE, FL 34143-3088 Jl Loc:ll3o2 E NEWMARKET RD J LegaI:IINEWMARKET SUBD BLK 49 LOT 10 & I Legal:IITHAT PORTION OF VACATED R R [ST LYING E OF LOT 10 VALUE/EXEMPTIONS Taxble Value:Jill 14B0 Millage Code:ljoo5 Homestd Ex:ilo Agricltr Ex:Il0 Widow Exill0 TAX INFORMATION I C°unt~:lJ436'10 School st:lJ484.83 School ~oc:JJ=,8s.8'~ I ciw Tax:llo.oo I Oependt:ll~"~0'88 Blind Ex:ilo I Water:Jlss'69 Oisab~ed:ll0 IJ Jl ~ndepend:lJ334'44 Veteran Ex:Il0 IJJlVoter Appr:lJ2.99 Who,,y Ex:Il0 Il II Gross Tax:Ill ,822.52 CivilianEx:Ilo Il II Apprfee:Il0.00 Il Adve~sing:ll°'°° PAY TERMS PAYMENT INFO j Nov:ll~,749.62 Paid Dt :Jl~/26/02 J Dec:lb,767.84 Recpt:l[58103 I Jan:ill'786'07 Mach:J[09 I Feb:Ill'804'29 I Paymt:lJl'749'62 I Mar:Ill ,822.52 Mort:Ilo I Apr:llo.oo I STATUSINFO. I MaY:II0.00 I I Non Ad Va:liN Last Updated: 5/12/2003 5:00pm Installment:liN Deferred:liN L Bankrupt::J[N TDA:II0 http://www.colliertax.com/RecordDetail.asp?FolioiD=63865000004 5/13/2003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIWASHINGTON TR, CARL L Jill PROPERTY INFORMATION II IlParcel:lle3ees°4°°°eII Acre:ilo.92 I IlJl L°c:ll2n2 E NEWMARKET RD IJll Lega':llNEWMARKET SUeD BEE 49 LOT 14 IIII Legal:Il IIII Legal:Il Address:lJUTD 1-26-93 Address:JJPO BOX 186 Address:il Address:Il Address:J~IMMOKALEE FL 34143-0186 VALUE/EXEMPTIONS Taxble Value:ill09821 I Millage Code:lloos I Homestd Ex:Ilo I Ag'cltr Ex:Il0 I Widow Ex:Ilo I Blind Ex:ilo I Disabled:Il0 I Veteran Ex:Ilo I Who,y Ex:Il0 I Civ,ian Ex:il0 I r-'~AX INFORMATION County:l1429.61 School St:]1477.61 School C~Tax:ll0.00 Dependt:l121S'SS water:lls7.s2 Independ:l1329'4S Voter Appr:llz94 Gross Tax:J Il ,795.3a Appr fee:il0.00 Advertising:J J0.00 PAY TERMS I N°v:lll'723'56 1--~'~11,741.52 I May:llo.0o I Last Updated: 5/12/2003 5:00pm PAYMENTINFO Paid Dt :11ol/31/o3 Recpt:l11374 Mach:l123 Paymt:lll,TSg.4? Mort:Il0 STATUS INFO. Non Ad Va:lIN Installment:liN Deferred:liN Bankrupt::llN TDA:II0 http ://www.colliertax.com/RecordDetail.asp?Foli°ID=63865040006 5/13/2003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION II PROPERTY INFORMATION II Parcel:l1638668400°l II Acre:l10.S6 I Name:IIRAMIREZ, CASSANDRA M Address:llESCOBEDO, ARMANDO Address:Il911 JACKSON ST Address:Il ^ddress:ll 1301NEWMARKET RD INEWMARKETSUBD BLK 54 LOTS [ Legal:Ill THRU 7 ~L VALUE/EXEMPTIONS TaxUe va~ue:lls3931 I Mi,age Code:lloos I Homestd Ex:Il0 I Ag,c,tr Ex:Il0 I Widow Ex:Il0 I B,ind Ex:Ilo I Disabled:Ile I Veteran Ex:Ilo I Who,y Ex:Ilo I Civilian Ex:Ilo I TAX INFORMATION county:l1328.33 Schoo~ St:II3ss.02 School Ioc:11215.03 City Tax:llo.oo Dependt:lllSS.52 I Water:ll~.19 I ndepend:l1251.79 Voter Appr:II2-2S I Gross Tax:Ill,372.13 Appr fee:ll0.0o Advertising:Il5.97 PAY TERMS PAYMENT INFO Paid Dt :1105107103 Recpt:lJ232~ Paymt:lJ~,419.26 ~or~:ll0 Nov:ll~,317.24 Dec:ll~'33°'97 Jan:ll~,344.s9 Feb:ll~'3SS"' E~]lo.oo [~'~11o.oo STATUSINFO. Non Ad va:liN Installment:liN Deferred:liN aankrupt::ll. CERTIFICATE INFORMATION J.~.~__JlSplit IlCe~t. # IlAmountDue I~"02"~ ro--~ j 5409 ljl,411.17 J Amount due thru:JIMAY 2003 12oo'~ Iloo Iis988 I1'~,~so.27 I Amount due thru:llMAY 2003 120o0 Iloo I Amount due thm:l~MAY 2003 IlDate,ssued IIRcpt. Date IlRec# IlMach lists JITDA IlAmount Paid 11o5/2s~2oo2 Iloo/oo/oo Iio Ilooir---1F--]lo.oo II Comment:Il 1105/2~/200~ II00/00~00 II0 II00II II0 II0.00 II c°mment:ll !1o5/3o/2ooo Iloo~oo~oo Iio IlooII Iio Iio.oo II c°mment:ll J* Certificates must be paid with cash, cashiers check or money order. Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioiD=63866840001 5/13/2003 Parcel Page 1 of 1 1711 l Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIFRITCHEY TR, SARAH J & ERNEST I Address:IlTHE MORNINGSTAR REVTR Address:lluTD 11124197 Address:JJa03 E JASMINE RD I Address:Il il Address:JJLEHIGH ACRES FL 33936-6317 VALUE/EXEMPTIONS Taxble Value:H52886J J Millage Code:llo0s J Homestd Ex:il0 I Ag,c,r Ex:Il0 I I WiUow Ex:Il0 I I ,,ind Ex:lis I Disabled:J J0 I I Veteran Ex:ilo I I Wh°"Y Ex:il° I Civilian Ex:il0 I TAX INFORMATION l School St:Il230.00 School Ioc:JJ13s.49 I city Tax:ii0.00 J Dependt:lJl04.30 PROPERTY INFORMATION IParcel:lls3sss920002 II Acre:lie.as I I Loc:ll3~3.~xo. DR J LegaI:JJNEWMARKET SUBD BLK 54 LOTS Lega~:JJ8 AND 9 Legal:Il PAYMENT INFO PAY TERMS Nov:ils30.02 Dec:JJe38.66 Jan:JiB47.31 ~1855.S5 Mar:JJ854.S0 Water:l J27.84 Apr:]lo.oo I ndepend:lllss.SS MaY:Il0.00 I Voter Appr:JJ1.42 Gross Tax:ils64.60 Appr fee:llo.oo Advertising:JJ5.97 Paid Dt :H03110/03 Recpt:l[8931 M~ch:l[os Paymt:l[S54'60 Mo":ll0 STATUSINFO. I Non Ad Va:lJN Installment:liN I Deferred:J J. I Bankrupt::llN TDA:JJ0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=63866920002 5/13/2003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:JlCAMARGO, CELSO T & SANTA V Address:llPo BOX 1510 Address:Il Address:Il Address:il Address:]LIMMOKALEE, FL 34143-1510 VALUE/EXEMPTIONS Taxble Value:JJ35097 J TAX INFORMATION county:lJ137.3o School st:ill52.54 School Ioc:JJeg.92 City Tax:JJ0.00 Dependt:lJ69.22 IJ PROPERTY INFORMATION JParcel:J163860900004 II ^cr~:ll0.3S I Loc:l J520300 LegaI:JJNEWMARKET SUBD BLK 54 LOTS Legal:Ill0 THRU 13 ~ega,..IL PAY TERMS Nov:JJs50.84 Dec:JJ556.SS Jan:JJs62.31 Feb:J[569.05 IT PAYMENT INFO Paid Dt :lJoul?lo3 Millage Code:lloo5 I Homestd Ex:il0 I Agricltr Ex:ilo I Widow Ex:II0 I Blind Ex:Il0 I Disabled:JJ~'~'~1 Veteran Ex:JJ~'------'1 Civilian Ex:JJ~"~ water:l118.4s I ndepend:JJ105.29 Voter Appr:Jlo.94 I Gross Tax:Ii573.79 Appr fee:JJ0.00 Advertising:J J0.00 Mar:II573.79 Apr:J[0.00 MaY:II0.00 Recpt:JJ1240 Mach:JJ23 Paymt:JJs62.31 Mort: STATUS INFO. Non Ad va:JlN [ ,nsta,ment:JJN Deferred:]lN I ~an~ru.~::]l" TDA:ll0 CERTIFICATE INFORMATION lYear Ilsput Ilce~.# IlAm°untDue J~'~"~'~J J'~'D'--J j 5410 Ils5s.2o Amount due thru:JJMAY 2003 JJDate Issued JJRcpt. Date 11o5/29/2oo2 Iloo/oo/oo II C°mment:lJ II"ec# IlMach IIs~ IlTM IlAm°unt Paid Iio Iloo II Iio Iio.oo * Certificates must be paid with cash, cashiers check or money order. Last Updated: 5/12/2003 5:00pm http ://www.colliertax.com/RecordDetail.asp?FoIl°ID=63 866960004 5/13/2003 Parcel 17/I Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System I I I L OWNER INFORMATION Name:IISANCHEZ, ANDRES Address:lITERESA CANALES Address'lie624 E PARK Address:Il Address:lIFoRT MYERS FL 33907-4150 PROPERTY INFORMATION IParce~:l163e670~0004 II ^~e:110.32 I I Loc:lis20300 Lega~"IINEWMARKET SUBD BLK 54 LOTS Legal:lb4 THRU 17 I 'ega~:ll PAY TERMS PAYMENT INFO VALUE/EXEMPTIONS Taxble Va~ue:ll3~soo Millage Code:l[~-- Homestd Ex:lJ~-----'--J Agricltr Ex:lJ~---'---- widow Ex:IF'-----I B,,nd Ex:IF------I DisaUed:ll0 Veteran Ex:Il0 Wholly Ex:Ilo Civi,an Ex:Il0 TAX INFORMATION coun~j:lb23.22 School st:ll136.e9 city TaxlJ]0.00 oependt:]162.13 Water:]l~6.59 Independ:]194.50 Voter Appr:llo.e4 Gross Tex:JJ514.97 Appr fee:Il0.00 Advertising:JJs.g7 Nov:II494.37 Jan:lJ5o4.67 Feb:JJ509.82 Mar:ils14.97 Apr:Ii0.00 MaY:ii0.00 I Paid Dt :1J03/26/03 Recpt:l11114o2 Mach:ll0s Paymt:l1514.97 Mo~:llo STATUS INFO. J Non Ad Va:JlN Installment:liN Deferred:liN Bankrupt::JJ. TDA:II0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=63867040004 5/13/2003 Parcel 17/1 Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION I Name:IICAMARGO, CELSOS T & SANTA V Address:llPO BOX 1510 Address:Il Address:il Address:il Address:IIlMMOKALEE, FL 34143-1510 VALUE/EXEMPTIONS[ TAX INFORMATION Taxble value:l13367e II C°unty:lb31'?5 I Mi,ageCode:ll005I Sc, oo~St:l1145.47 Homestd Ex:It0 I Schoo~,oc:llas.2S ^g,c. tr Ex:Il0 I C~ ~x:ll0.00 W,dow ~x:llo I IDependt:H66'42 Blind ~x:ll0 I W~"r:ll~.~ Di~b~ed:ll0 I Independ:Jl~01'03 V~t.r~. Ex:il0 I Vo~rA,,r:llo.,o ~o,y Ex:Ilo I O~o,s ~x:llss0.S8 Civi"~n Ex:Il0 I[ App~ fee:Il0'00 Adve~sing:H0.00 I[ PROPERTY INFORMATION IParcehll63867080006 II Acre:lie.17 I I ,oc:1152o3oo I[ LegaI:HNEWMARKET SUBD BLK 54 I Legal:liS 75FT OF LOTS 18 THRU 21 I Legal:Il PAY TERMS PAYMENT INFO Nov:l152S.56 Dec:11534.o6 Feb:liS45.07 Mar:l155o.ss Apr:Il0.00 May:ll0.o0 II Paid Dt :llol/o3/o3 Mach:l123 Paymt:l[539.57 Mort:Ilo STATUS INFO. Non Ad Va:liN Installment:liN Deferred:liN Bankrupt::JJN TDA:II0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=63867080006 5/13/2003 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION Name:IIGoNZALEZ, BEATRICE Address:lIPo BOX 6~S24 Address:Il ^ddress:ll I Address:II J Address:.JJFORT MYERS FL 33906-1524 '~-LUEIEXEMPTIONS Taxble va,ue:l133984 I Millage Code:'lloos I Homestd Ex:Ilo I ^gricltr Ex:Il0 I Widow Ex:Ilo I Blind Ex:l J0 I Disabled:II0 I Veteran Ex:] J'~'~"J Wholly Ex:JJ~---'~"J Civilian Ex:IF'--"--] TAX INFORMATION county:Ill32.94 School st:ll~4?.so I schoo, city Tax:J[0.00 I Dependt:llsT'02 I Water:lJ~7.89 Independ:JJ101.95 Voter Appr:J10.91 Cross Tax:IIsss.s8 I Appr fee:Il°.°° I Advertising:l J5.97 PROPERTY INFORMATION I Parcel:lls38s7a 00009 Il Acre:II0.15 I ~152o3oo ~I"EWMARKET SUBD BLK 54 LOTS 18 J~JTHRU 21, LESS S 75FT PAY TERMS Nov:JJ533.36 Dec:lJ538.91 Jan:Ils44.47 Feb:JJs50.02 Mar:l1555.SS Apr:It0.00 May:l[o.oo PAYMENT INFO Paid Dt :lj03131103 Recpt:JJ114391 Mach:]J09 Paymt:]J555.58 Mom:ilo J STATUS INFO. Non Ad va:liN Installment:liN Deferred:JLN Bankrupt::]LN TDA:ll0 Last Updated: 5/12/2003 5:00pm http ://www.colliertax.corn/RecordDetail. asp?FoliolD=63867100009 5/13/2003 Parcel 17/! Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Uame:llsROWNING BROS PALMS ~NC Parce~:llo3sO3SS000S II Acre:III.s3 Address:JJPO BOX 276 Address:II Address:Il Address:II AddressJ.' IIMMOKALEE, FL 34143-0276 ~/ALUE/EXEMPTIONS Taxble Value:II215562 J Mi,age Code:Il005 I Homestd Ex:Ilo I Agricltr Ex:Il0 I Widow Ex:Ilo I Blind Ex:Ilo I Disabled:ii0 I Veteran Ex:ii0 I Wholly Ex:Il0 I Civilian Ex:ilo I TAX INFORMATION [ CountY:Il843.26 L Schoo, st:lls3?.4s L School Ioc:JJs$2.2? r City Tax:II0.00 L Dependt:J1425'13 g water:Ill 13.49 Independ:J1646.69 Voter Appr:JJs.78 Gross Tax:J13,s24.10 Appr fee:Il°.°° I Advertising:J J0.00 NEWMARKET RD JNEWMARKETSUBD BLK 44 LOTS ~J9 THRU 15 AND 21 THRU 32 lJll N°v:lJ3,383'14 1/11 Dec:lJ3,41s'3s Jan:l13,4s3.62 Feb:ll3'4SS'e6 Mar:Il3'524'10 Apr:JJo.oo May:II°'°° PAYMENT INFO Paid Dt :JJ11127102 Uach:ll09 Paymt:l13'383'14 MoHIo STATUS INFO. NonAd va:liN Insta,mant:llN Deferred:liN Bankrupt::l[N TDA:I[o Last Updated: 5/12/2003 5:00pm http ://www.colliertax.com/RecordDetail. asp ?Fo liolD=63863880006 5 / 13/2003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:IIMOODY TR, JIM H IParceHIO386392000S II Acre:Il0'08 Address:llUTD 4123/92 I Address:l1655"" 15TH ST Address:Il Address:il Address:JJlMMOKALEE FL 34142-2854 coc:llao9 E NEWMARKET RD LegaI:IINEWMARKET SUBD BLK 44 LOT 16 Legal:~I I Legal:Il ~L VALUE/EXEMPTIONS I I Taxble Value:ll7STS Millage Code:ll00s Homestd Ex:Ilo Agdcltr Ex:Il0 Widow Ex:Il0 Blind Ex:Ilo Oisab'ed:ll0 Veteran Ex'Il0 Who,,y Ex:Il0 Civi,ian Ex:Il0 TAXINFORMATION county:ll3o.so School St:1134.25 Cay Tax:Il0.00 F Wa,er:ll4.1s Independ:l123-S3 I I Voter Appr:]10.21 Gross Tax:l1128.75 Appr fee:Il0.00 Advertising:Il0.00 PAY TERMS Nov:ill23.60 Dec:11124.89 Jan:ll12S.18 Feb:Ill27.46 Mar:l[~28.TS Apr:Il0.00 May:il0.00 r P AYMENT INFO Paid Dt:ll,,.m Recpt:l152s Ma~:ll='3 Paymt:lLlt3.6o STATUS INFO. Non Ad Va:liN Installment:liN Deferred:liN Bankrupt::JJN TDA:II0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioiD=63863920005 5/13/2003 Parcel Page 1 of 1 17/I Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIMOODY TR, JIM H Address:llUTD 4~23~92 Address:lI5S5B N 15TH ST Address:Il Address:Il Address:IIIMMOKALEE, FL 34142-2854 PROPERTY INFORMATION I Parce~:lls3s639soo07 II Acre:ilo.is 1109 E NEWMARKET RD ~INEWMARKET SUBD BLK 44 LOTS VALUE/EXEMPTIONS! Taxble Value:Il71609 Millage Code:lloos Homestd Ex:Il0 Agdcltr Ex:Ilo Widow Ex:Il0 Blind Ex:II0 DisaUed:ll0 Veteran Ex:Il0 Who,y Ex:Il0 Civi,an Ex:Il0 TAX INFORMATION County:l[28o.12 Schoo~ st:l13'~'h43 sc, ool ~oc:llas3.4s I city Tax:Il0.00 Dependt:llm.23 L water:Il3?-71 [ Independ:l1214.83 L Voter Appr:l11.92 L Gross Tax:Ill,170.70 I Appr tee:Il0.00 L Adver~ising:ll0'00 PAY TERMS N°v:lll,~23'e7 Dec:l11,13S.58 Jan:Il~,~47'29 Feb:Ill'lES'99 Mar:Ill,170'70 Apr:II0'00 MaY:II0.00 PAYMENT INFO Paid Dt :1111/18/02 Recpt:lls24 Mach:]123 Paymt:11%~23.87 I STATUS INFO. Non Ad Va:liN I Installment:l[N Deferred:II. Bankrupt::lI" ! TDA:II0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com~ecordDetail.asp?FoliolD=63863960007 5/13/2003 Parcel 17A Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Name:lIMOOOY mR, J~M H I Parcel:lls3es4o°°°°s II Ac~e:IIo'~S I L[]L_~l~o9 E .EWMA""E? .D ~I"EWMA""~? SU.D "~ ~ ~O~S Address:llUTD 4/23/92 Address:llSSSB N ~STH ST Address:IIIMMOKALEE FL 34142-2854 VALUE/EXEMPTIONS Taxb~eValue:llls?S0 I I Millage Code:ll005 I Homestd Ex:lie,I Agdcltr Ex:lieI Widow ~x:llo I a,nd Ex:lie I I Veteran Ex:Ilo I Who,,y Ex:ilo I av.ian Ex:Il0 I TAXINFORMATION F co,,n~:116~.62 I Schoo~ st:lis&so SChool Ioc:1140.35 City Tax:Il0.00 Dependt:l131.0S Water:Il8.29 J Independ:J147.25 Voter Appr:JJ0.42 Gross Tax:Il257.49 Appr fee:JJo.o0 I Advertising:Il0.00 PAYTERMS Nov:il247.19 Dec:ii249.77 Jan:JJ252.34 I Feb:ll~'s4.9~ Mar:Il257.49 Apr:Il0.00 May:llo.oo PAYMENT INFO Paid Dt Last Updated: 5/12/2003 5:00pm Recpt:l1526 Mach:l123 Paymt:l1247.19 ~o.:11o J STATUS INFO. Non Ad Va:lIN Installment:liN Deferred:IlN Bankrupt::]lN TDA:]I0 http://www.colliertax.corn/RecordDetail.asp?FolioiD=63864000005 5/13/2003 Parcel 17/1 Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 341 12-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION IParcel:lle38SSe40008 II Acre:Ill'72 Name:IIHEALO TR HOWELL L Address:]lPATmClA J HEALD TR Address:JJUTD 1-31-91 Address:Il347 MEL JEN DR Address:Il ~[.^.LES, FL 34105~318 [ Loc:l171o BROWARD AVE I LegaI:IINEWMARKET SUBD BLK 51 LTS 1-10 I Legal:Il& 31-40 & 20FT ALLEY BISECTING ~IBLK 51 VACATED IN RES # 88-86 ~L VALUE/EXEMPTIONS Taxble value:Il227445 I Millage Code:Il005 Homestd Ex:Il0 I Agr'c'tr Ex:Il0 Widow Ex:Il0 Blind Ex:Il0 I Oisab~ed:ll0 I Veteran Ex:lie I Who,y Ex:Il0 I Civilian Ex:Il0 I L L TAX INFORMATION CountY:Il889.74 School st:lls89.16 School Ioc:11582.71 city Tax:lie.go Dependt:l1448.58 Water:l111,.TS Independ:l1682.34 Voter Appr:JJ6.10 Gross Tax:] [3,718.38 Advertising:J[0.00 PAYTERMS II N°v:l13,569'64 I Dec:113'6°6'83 I Jan:l13's44'°l I Feb:Il3.681 I aar:l13'718'38 [ ~r:ll0.00 I PAYMENTINFO Paid Dt :ll11/27/o2 P-ecpt:ll?°537 Mach:ll0. Mort:lie STATUS INFO. Non Ad Va:liN Installment:liN Deferred:liN I "ankrupt::llN TDA: 0 Last Updated: 5/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioiD=63865640008 5/13/2003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 341 12-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:lIDAWS OIL COMPAMY INC Illl PROPERTY INFORMATION II IIParcel:l183865r'4n2°l II Acre:lin'72 lilt '°c:l1283 E JE.~E.SOH AVE IIII Legal:IlNEWMARKET SUeD SEE 81 LOTS II!1 Lega,:llil THUR 30 & THAT 20 FT ALLEY II!1 Lega~:llmsEcT'N° BEE S~ VACATED ~N JJ L~~s . Address:Il540 NEW MARKET RD E Address:II Address:II Address:II Address-J: ILM MOKALEE VALUE/EXEMPTIONS FL 34142-3804 TAX INFORMATION PAY TERMS FPAYMENTINFO Taxble Value:II341955 Millage Code:Il005 Homestd Ex:Ilo Agricltr Ex:Il° Wid°w Ex:il0 Blind Ex:Ilo Disabled:Ilo Veteran Ex:ilo Wholly Ex:ilo Civilian Ex:Ilo county:Ill ,337.70 School st:111,487.18 Schoo, ,oc:11876.o9 I City Tax:Il0.00 Dependt:l1674.41 Water:II180.04 Independ:JJl,025.87 Voter Appr:JJ9.16 Gross Tax:lis,s90.43 Appr fee:Il0.00 Advertising:l J0.00 Nov:lls,368.81 ---~: 15,534.53 Paid Dt :11o~1~t03 Recpt:l11°4264 Uach:ll0g Paymt:l15,s34.s3 Uo~:llo STATUS INFO. Non Ad Va:]JN Installment:liN Deferred:liN Bankrupt::llN ~-D^:llo Last Updated: 5/12/2003 5:00pm http ://www.colliertax.com/RecordDetail.asp?FolioID=63865641201 5/13/2003 October 2, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT 2003-AR-3691 (New Market Subdivision Block 50 Alley) Dear Georgia: Please advertise the above referenced notice on Sunday, October 12, 2003, and again on Sunday, October 19, 2003, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2003-AR-3691, Aim Engineering and Surveying, Inc., as agent for the petitioner, Armando Yzaguirre, requesting to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block 50, according to the plat of ~Newmarket Subdivision", as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida. Located in Section 3, Township 47 South, Range 29 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. 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. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~ Co ~uo~. tyf.of C'ollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI ~TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA ~4101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 2, 2003 Armando Yzaguirre P.O. Box 330 Immokalee, FL 34143-0330 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR-3691 (New Market Subdivision Block 50 Alley) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2003, and again on Sunday, October 19, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone-(239)732-2646 Website-www.cler~colHer.fl.un Fax- (239) 775-2755 Email- collierclerk~clerk, coilier.fl.u s Dwight E. Brock Clerk of Courts Co~tY~ of Collier U 1 CLERK OF THE CIRCUIT CO RT COLLIER COUNTY COURTltOUSE 3301 TAMIAMI TRAIL EP~ST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk 'of Courts Accountant Auditor Custodian of County Funds October 2, 2003 Joe Lewis Aim Engineering & Surveying 5300 Lee Boulevard Lehigh Acres, FL 33971-1026 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR-3691 (New Market Subdivision Block 50 Alley) Dear Agent: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2003, and again on Sunday, October 19, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone-(239)732-2646 Website-www.clerk. collier.fl.~ Fax-(239) 775-2755 Em~l-colfierclerk~clerk. collier, fl.us VILLARREAL, VIRGINIA AYALA, MICHELLE 1314 TANGERINE ST. IMMOKALEE, FL 34142 WASHINGTON TR., CARL L. UTD 1-26-93 P.O. BOX 186 1MMOKALEE, FL 34143 FRITCHEY TR., SARAH J. & ERNEST THE MORNINGSTAR REV TR 103 E. JASMINE RD. LEHIGH ACRES, FL 33936 SANCHEZ, ANDRES CANALES, TERESA 8624 E. PARK FT. MYERS, FL 33907 GONZALEZ, BEATRICE P.O. BOX 61524 FT. MYERS, FL 33906 MOODY TR., JIM H. 555B N. 15TM ST. IMMOKALEE, FL 34142 DAVIS OIL COMPANY, INC. 540 NEW MARKET RD., E. IMMOKALEE, FL 34142 FARM-OP-INC. P.O. BOX 3088 IMMOKALEE, FL 34143 RAMIREZ, CASSANDRA M. ESCOBEDO, ARMANDO 911 JACKSON ST. IMMOKALEE, FL 34142 CAMARGO, CELSO T. & SANTA V. P.O. BOX 1510 IMMOKALEE, FL 34143 CAMARGO, CELSOS T. & SANTA V. P.O. BOX 1510 IMMOKALEE, FL 34143 BROWNING BROS. PALMS, INC. P.O. BOX 276 IMMOKALEE, FL 34143 HEALD TR., HOWELL L. HEALD TR., PATRICIA J. 347 MEL JEN DRIVE NAPLES, FL 34105 Dwight E. Brock Clerk of Courts ' Couo. tY 9f C°llier CLERK OF THE CmCUIT COURT COLLIER COUNTY COURTHOUSE 3302 Tnmnm ~ EAST P.O. BOX 4113044 NAPLES, FLORIDA 3.4101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 2, 2003 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR-3691 (New Market Subdivision Block 50 Alley) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2003, and again on Sunday, October 19, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia h. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website-www.clerk. comer.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - AVPLAT2003-AR-3691 ~i ~eorgia, ®lease run the attachecf acf on SunaCay, Octo6er I2, 2003 anaC then on the fo££owing SuncFay, October 19, 2003. clT~an~s, ~Trish 514inures ~ ~q. coraCs AVPLAT2003-AR-36 91.doc AVPLAT2003-AR36 91.doc Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Thursday, October 02, 2003 2:35 PM Patricia L.. Morgan Delivery Status Notification (Relay) A-iq'149507,txt Advertising - ~VPLAT2003-AR-36.. ri'fib is an automatica[£y generated q)e[ivery Status YV'otification. (Your message has 6een successful'fy re[ayed to the fo££owing recipients, 5ut the requestecf de£ivery status notifications may not ~e generated fry the tfestination. [egafscWnapfesnews. corn Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, October 02, 2003 2:26 PM Patricia L. Morgan Delivered: Advertising - AVPLAT2003-AR-3691 Advertising - ~VPLAT2003-AR-36.. < <Advertisin~t - ~ ~£j{cI2OO3-.~R-3 691 >> (Your message 'To: ~eorgia (~-mai0 Subject: Advertising - A VPLj~ T2OO3-j~R-3 691 Sent: Thu, 2 Oct 2003 14:35:18 -0400 was delivered to the following recipient(s): legals on Thu, 2 oct 2003 14:25:43 -0400 Advertising - AVPLAT2003-AR-3691 ,Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Thursday, October 02, 2003 2:50 PM To: Patricia L. Morgan Subject: RE: Advertising - AVPLAT2003-AR- rcvd to run oct 12 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, October 02, 2003 2:35 PM To: Georgia (E-mail) Subject: Advertising - AVPLAT2003-AR-3691 ~Ei ~eorgia, ®lease run the attachecf adon Sunday, OctoSer 12, 2003 anc[ tften on the fo[[owing Sunday, OctoSer 19, 2003. q-hanks, Trish 3tinutes e~ q(ecorars <<AVPLAT2003-AR-3691.doc>> <<AVPLAT2003-AR3691.doc>> 10/2/2003 Advertising - AVPLAT2003-AR-3691 Patricia L. Morgan 17/1 Page 1 of 1 From: Patricia L. Morgan Sent: Thursday, October 02, 2003 4:38 PM To: 'legals' Subject: RE: Advertising - AVPLAT2003-AR- It neeaCs to run Oct. 12 ~ Oct 19 (2 consecutive SuruEays) -ClhanF~ ..... Original Message ..... From: legals [mailto:legals@naplesnews.com] Sent: Thursday, October 02, 2003 2:50 PM To: Patricia L. Morgan Subject: RE: Advertising -AVPLAT2003-AR-3691 rcvd to run oct 12 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, October 02, 2003 2:35 PM To: Georgia (E-mail) Subject: Advertising - AVPLAT2003-AR-3691 ~Ei ~eorgia, ®[ease run the attachear aar on Sunday, OctoSer 12, 2003 anar then on the fo[lowing Sunday, Octo6er 19, 2003. q-hanks, 3tinutes ~ ~ecorars <<AVPLAT2003-AR-3691.doc>> <<AVPLAT2003-AR3691.doc>> 10/2/2003 Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, October 02, 2003 4:38 PM Patricia L. Morgan Delivery Status Notification (Relay) ATT150281.txt RE: Advertising - AVPLAT2003-A... ql;iis is an automatica£~y generatecF q)e£ivery Status ~TVotification~ fi'our message has Seen successfu£fy refayeaC to the fotTowing recipients, gut the requestecF de£ivery status notifications may not 6e generateaC Sy the c[estination. legals~naplesnews, corn Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, October 02, 2003 4:29 PM Patricia L. Morgan Delivered: RE: Advertising - AVPLAT2003-AR-3691 RE: Advertising - AVPLAT2003-A.,. <<%B: Advertising -.~ qAPF..~T2OO3-~R-3 691 >> O[our message To: legals Subject: RE: Advertising - AVPLAT2OO3-AR 3691 Sent: Thu, 2 Oct 2003 16:37:34 -0400 was deli~ered to the following recipient(s): legals on Thu, 2 oct 2003 16:28:42 -0400 Advertising - AVPLAT2003-AR-3691 Patricia L. Morgan 17/1 Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, October 02, 2003 4:51 PM To: Patricia L. Morgan Subject: RE: Advertising - AVPLAT2003-AR- SORRY made the change oct. 12 & 19 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, October 02, 2003 4:38 PM To: legals Subject: RE: Advertising -AVPLAT2003-AR-3691 It needs to run Oct. 12 e~ Oct 19 (2 consecutive Sundays) -Clhan~ ..... Original Message ..... From: legals [mailto:legals@naplesnews.com] Sent: Thursday, October 02, 2003 2:50 PM To: Patricia L. Morgan Subject: RE: Advertising -AVPLAT2003-AR-369! rcvd to run oct 12 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, October 02, 2003 2:35 PM To: Georgia (E-mail) Subject: Advertising - AVPLAT2003-AR-3691 ~i ~eorgia, ®[ease mn the attachedad on Sunday, Octo6er 12, 2003 and then on tfte fo[[owing Sunday, OctoSer 19, 2003. Clhan~s, Trish Minutes e~ q(ecoraCs < <A VPLA T2003-AR-3691.doc> > < <A VPLA T2003-AR369'I.doc> > 10/3/2003 NapLes DaiLy Ne~s Naples, FL 3~10E Affidavit of Publication Naples Daily News 17/I BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 58733325 NOTICE OF PUBLIC HEA State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lash/ who on oath says that she serves as Assistant Corporate Secretary of the NapLes DaiLy Neus/ a daily newspaper published at Naples/ in Collier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class nail ·atter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisaaent; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisa~ent for pubLiction in the said newspaper. PUBLISHED ON: 10/12 10/19 AD SPACE: 119.000 INCH FILED ON: 10/20/03 Signature of Affiant/ ~ ..... +' ,,.R~. ~?... Harriett gushong · .: :.: MY COMMISSION ~ DD234689 EXPIRES ,: ~..~.[.s ]u~ 24, 2007 ](~.:~ BON~ED TH~U TROY FAIN INSU,ANCE INC 20.9_3 '*** 3288874 OR: 3435 PG:'l187 ~ tn O~NClAL ~S of COLLIBR COUld, ~L I1/o3/2oo2 at 0/:5/Al( D#XGHT B. S~C[, BCFll &.00 eetn: Ii~HI~ 47H lit 7240 NOTICE OF I PUBLIC HEARING , Notice Is hereby glvenp -~[~.1 that the Board of Countyt ~j~] Commissioners of Col- i"i~J~ Ilar County w hold a "p. ubllc ,hearlngon Tues- Day, October 28, 2003, In the Boardroom, 3rd Floor, Adminlstrat on Building, Collier County Government Center. 3301 East Tamlaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2003-AR- 3691, Aim Engineering and Surveying, Inc., as .agent f.or ~e pe:t. Itloner, armaneo Yzagulrre, re- questing to disclaim, re- nounce and vacate the lClOunty's and the Pub- c's interest In the 20 foot wide alley In Block 50, according to the plat of "Newmarket Subdlvl. sion", as recorded In Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florl d~ Located In Section 3 rTownshlp 47 South NOTE: All Persons wis, lng to speak on a.ny agenda Item must regis. tar with the County Ad-I mlnlstrator prior to pre-I sentatlon of the agendal Item to be addre~sed. I Individual speak~r.s will be limited to S minutes on any Item. The selec-t tlon of an Individual iCl speak on behalf of an organization or group IsI e.ncouraged. If recog-I razed by the Chair, al spokesperSon, for a group or orgamzatlon~ may be allotted 10 min-/ .u. tes to speak on an Persons wishing to have written or graphic ma- terials Included In the Board agenda packets must submit said ma. terlal a minimum of weeks prior to the re. spectlve public hearing. In any case written ma- terials ntended to be considered by the Board shall be submitted te the appropriate County staff a minimum of sew en days prior to the public nearing. All ma- terial used In presenta- tions before the Board will become a perma- nent part of the record. Any person who decides to ~ppeal _a_decLsl_on ltle Board will needs r~- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceed- Ings Is made, which re- cord Includes the testi- mony and evidence Up. on which the appeal ~ny cluestlons or con- !~erns should be di- rected to Rick Grlgg. Collier County Commu- Inlty Development/Pla- I nnlng Services Section Iat (23tJ) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR-i CLERK By: /s/Patrlcla L. Mor-I gan, Deputy Clerk (SEAL) Oct. ~2~ 19 NO. 3234381 MEMORANDUM Date: To: From: Re: October 31, 2003 Rick Grigg, P.S.M. Engineering Services Department Ann Jennejohn, Deputy Clerk Minutes & Records Department Resolution 2003-376; Petition AVPLAT2003-AI 3691 to disclaim, renounce and vacate the county's and the public's interest in the 20 foot wide alley in block No.50, according to the plat of "Newmarket Subdivision" Enclosed please find a copy of the above referenced document, agenda item # 17A, as approved by the Board of County Commissioners on October 28, 2003. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure Re~n: CLBRK TO ?lib BOARD II~iOFFIC~ 47H YLOOJt KIT 7240 328887'5 OR: 3435 PG: 1188 RBCORDJD in the OFFICIAL RiCOh8 of ¢OLLIBR COUNTY, FL n/02/2002 at 0?:57AH DWI~ B, SlOC~, CLm COPIBS I5.00 2.00 RESOLUTION NO. 2003- 3 7 6 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR3691 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WDE ALLEY IN BLOCK 50, ACCORDING TO THE PLAT OF "NEWMARKET SUBDIVISION", AS RECORDED 1N PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Aim Engineering and Surveying, Inc., as agent for the petitioner, Armando Yzaguirre, does hereby request the vacation of the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision" as recorded in Plat Book 1, Pages 104 through 105, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide alley in Block 50, according to the plat of "Newmarket Subdivision," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 20 foot wide alley are hereby vacated, extinguishcd, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. OR: 3435 PG: 1189 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ~__..~~' ,2003, DATED: ATTEST: DWIGHT'E. ,BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Patrick G."-V~hite, ' Esq., Assistant County Attorney SKETCH AND DESCRIPTION OF THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION SECTION :5, TOWNSHIP 47 SOUTH, RANGE 2.9 EAST COLLIER COUNTY, FLORIDA 100 0 50 100 200 POINT OF SW CORNER LOT I N 44°02'06# 20.00' NW CORNER LOT 40 DESCRIPTION: SCALE IN FE~T / / NE CORNER LOT 21 SE CORNER 20 S 4:~°59'07" W 20.00' THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION, SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AS RECORDEDIN PLAT BOOK I, PAGE 104, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT lin SAID BLOCK 50; THENCE SOUTH 45°55'12" EAST, A DISTANCE OF 499.62 FEET TO THE SOUTHEAST CORNER OF LOT 20 IN SAID BLOCK 50; THENCE SOUTH 45°59'07" WEST, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT 21 IN SAID BLOCK 50; THENCE NORTH 45~55~12" WEST, A DISTANCE OF 499.64 FEET TO THE NORTHWEST CORNER OF LOT 40 IN SAID BLOCK 50; THENCE NORTH 44"02'06" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES MORE OR LESS, NOT VAUD wI'rHOUT 31-1F S~GNATURE AND 'PHE ORIGINAL RAISED SE. AL OF A FLORIDA UCENSF-.D SURYEYOR AND MAPPER, IJ:M EnAd.~eez'Ang & Surveying. ]~o. 5300 LEE BLVD. P.O. BOX 1235 LEHIGH ACRES FLORIDA ~ ~ ~ 2:~9/3:~2-4569 ~ FX:239/332-8734 PREPARED BY: AIM ENGINEERING B~ SURVEYING, INC, ROBERT TAD SIMPSON,1 P.S.M, DATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5.55g THIS 18 NOT A SURVEY SHEET 1 OF 1 F:ROJECTNUMB£RI DESCRIPTIONs SKETCH AND DESCRIP~,ON OF 01-8060 I THE ALLEY LYING WITHIN BLOCK 50, NEW MARKET SUBDIVISION "A~NL-~/~"¥' OLP'NTI ARMANDO YZAGUIRRE 3-47S-29E 8060-ALLEY COLLIER COUNTY EXHIBIT "A" SHEET I OF 1 AVPLAT2003-AR3691 17,4