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Agenda 01/27/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA January 27, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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 W~TH 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 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 January 27, 2004 µ...--'-.- ."-~...'. "~-"--~"- 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 5, 2004 - BCC/City of Naples Joint Workshop 3. SERVICE AWARDS A. Twenty-Year Attendee: James Scarbrough, Transportation B. Thirty-Year Attendee: Arturo Herrera, Parks and Recreation 4. PROCLAMATIONS A. Proclamation to designate Saturday, January 31, 2004, as Peaceful Paws Day. To be accepted by March Sanders, Abused Women's Shelter; Steven Wright, Humane Society of Collier County and Jodi Walters, Domestic Animal Services. B. Proclamation to recognize the Month of January 2004 as the Reverend Dr. Martin Luther King, Jr.'s birthday celebration. To be accepted by LaVerne Franklin, President of the NAACP. 5. PRESENTATIONS A. Presentation by the South Florida Water Management District for watershed initiatives in Collier County in the amount of $1.3 million. B. Recommendation that Debbi Maxon, Case Manager, Public Services Division, be recognized as "Employee of the Month" for January 2004. 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS 2 January 27, 2004 .. ._--,""-,..,..._~._-_._.-." "'...µ- '_~'~"""'-..--"..-,._-----,'. ._.~,-.~..- 8. ADVERTISED PUBLIC HEARINGS The Collier County Airport Authority Ordinance; amending powers, functions and duties of the Board and the authority; amending the authority's budget and reporting requirements; amendments regarding employment of the Executive Director; amendments regarding transfer of airports, real and personal property, systems, materials and personnel; affirming all other provisions; repealing and superseding Collier County Ordinance Nos. 90-29, 95-67, 99-10 and 2002-28; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; providing an effective date. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, the Public Vehicle for Hire Ordinance, to prohibit the Collier County Public Vehicle Advisory Committee (PVCA) from authorizing any individual to operate a vehicle for hire if the driver applicant had been convicted of one or more specified ten year crime less than ten years prior to the date of the application to the PVCA. Unless the PVCA grants an exemption; providing for exceptions and exemptions; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. An Ordinance of Collier County, Florida, amending Ordinance Number 99-38, the Collier County Maximum Fees for Non-consent Towing and Storage of Vehicles Ordinance; amending Section four to clarify that vehicle towing companies, when engaged in non-consent towing or non-consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operatiOn system and clarifying penalty provisions; providing for conflict and penalty provisions; providing for conflict and severability; providing for inclusion into the Code of Laws and Ordinances; providing an effective date. D. Recommendation for the Board of County Commissioners to consider and adopt amendments to the Collier County Ethics Ordinance No. 2003-53. E. Recommendation to approve an ordinance establishing an Animal Services Advisory Board. o BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare 3 vacancies on the Public Vehicle Advisory Committee. B. Appointment of member to the Collier County Coastal Advisory Committee. C. Appointment of members to the Bayshore/Avalon Beautification MSTU Advisory Committee. 3 January 27, 2004 Recommendation to declare a vacancy on the Bayshore/Avalon Beautification MSTU Advisory Committee. E. Appointment of members to the Land Acquisition Advisory Committee. F. Appointment of members to the County Government Productivity Committee. 10. COUNTY MANAGER'S REPORT (Item 10A is a companion to 10B) Approval of the Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A category. (Joe Schmitt, CD&ES Administrator.) (Item 10B is a companion item to 10A) Recommendation for Board direction to change the Conservation Collier Purchase Policy, currently Resolution No. 2003-195, to better allow for partnering with other agencies in the acquisition of land by adopting a revised purchase policy in a Resolution superceding Resolution No. 2003-195. (Joe Schmitt, CD&ES Administrator.) Item to be heard at 11:00 a.m. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of an eighteen-month and final progress report regarding the proposed mandatory non-residential recycling ordinance within the unincorporated areas of Collier County. (Jim DeLony, Public Utilities Administrator.) Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Immokalee Road between U.S. Highway 41 and Interstate 75 (Capital Improvement Element No. 73, Project No. 66042). Estimated fiscal impact: $4,500,700. (Norman Feder, Transportation Services Administrator.) This item was continued from the January 13~ 2004 BCC meeting. Alternative road impact fee calculation for Shelton Jaguar/Land Rover dealership replacement facility. (Norman Feder, Transportation Services Administrator.) Item to be heard at 1:00 p.m. This item to be heard before Items 10A and 10B. To approve the purchase of a 50-acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway for the purpose of providing for drainage improvements, transportation improvements and environmental protection. (Fiscal impact: Up to $20,000,000.) (Norman Feder, Transportation Services Administrator.) 4 January 27, 2004 That the Board of County Commissioners consider amending the Medic 80 Agreement with Naples Community Hospital to address additional requests raised by the Hospital. (John Dunnuck, Public Services Administrator) Discussion and decisions regarding the Economic Development Council's recommendation to provide economic incentives to Safire Aircraft Company for development of an aircraft manufacturing facility at the Florida Tradeport. (Joseph Schmitt, CD&ES Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Approval of an agreement to waive costs in the Flagg vs. Collier County Lawsuit, Case #2:02-CV-274-FT.M-29 DNF, in exchange for the Plaintiff's agreement to forego the right of appeal. (David Weigel, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. 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 item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) To consider the results of the "Naples Park Community Public Opinion Survey Final Report" prepared by Trullinger Associates, Inc. and consider this proposal dead. 2) Request to grant final acceptance of the roadway and drainage improvements for the final plat of "Riverchase Shopping Center First Addition". The roadway and drainage improvements will be privately maintained, there are no water or sewer improvements associated with the subdivision. 5 January 27, 2004 3) 4) 5) Request to approve for recording the final plat of "Majors Phase Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Majors Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Reject all bids received under Bid No. 04-3601 - "Housing Rehabilitation Inspection and Contract Management Services" and RFP 04-3600 - "General Contractor Contract for Residential Housing Rehabilitation Services", and authorize the Financial Administration and Housing Department to utilize one open planning position to implement and administer the Residential Rehabilitation Program. 6) Fee Schedule amendment for well permits and inspections of abandonment and plugging of existing wells. 7) Approval of an amendment to the Interlocal Agreement between Collier County Board of County Commissioners and the City of Naples to administer contracts with Tomasello Consulting Engineers, Inc., for engineering services related to Flood Insurance Rate Map (FIRM) restudy and appeal. B. TRANSPORTATION SERVICES 1) Obtain Board authorization for the Bayshore Beautification MSTU Fund to make payment to Four Seasons Banner Company in the amount of $6,562 for the purchase of holiday banners and bracket sets. 2) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable documents, and accept on behalf of the County any such grant awarded. 3) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents, and to accept on behalf of the County any such grant awarded. 4) That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC Paratransit and authorize the Chairman to enter into the agreement. 5) Recommendation to award Bid No. 04-3599 "Traffic Sign Materials and Related Items" to multiple firms. 6) Recommendation to approve the purchase of one (1) single engine sweeper truck from Environmental Products of Florida. Bid #04-3500. 6 January27,2004 7) 8) 9) 10) 11) 12) 13) Approve Selection Committee ranking of firms for contract negotiation for RFP #04-3571, "Green Boulevard Extension Corridor Study." Request the Board approve a resolution authorizing implementation of a twenty miles per hour (20 MPH) school zone during school arrival and dismissal hours, as posted on site, on roads adjacent to Golden Gate Intermediate Center North and Golden Gate Intermediate Center South, at a cost of approximately $1250. Recommendation to award Bid No. 04-3586 "Installation and Maintenance of Street Lights" to E.B. Simmonds Electrical, Inc. Recommendation to award Bid #04-3603 "Purchase of Lime-Rock and Fill Material" for the estimated annual amount of $500,000 to Big Island Excavating, Inc., Florida Rock Industries, Inc., and Southern Sand and Stone, Inc. Recommendation to award Bid #04-3605 "Purchase and delivery of metal and polyethylene pipe" for the estimated annual amount of $25,000 to National Waterworks, Inc., Ferguson Waterworks, Metal Culverts and Contech Construction Products. Board approval of Adopt-a-Road Program agreements at the Board of County Commissioners meeting on January 27, 2004. Request the Board accept on behalf of the County a private donation of trees for use within public property from Superior Plant Company valued at $6,900. 14) Board approval of a budget amendment in the amount of $330,055 for the Florida Department of Transportation State Block Grant Funds. 15) Approve supplemental Work Order #2 for the Forest Lakes MSTU to Wilson Miller, Inc., in the amount of $99,500. C. PUBLIC UTILIT. IES 1) Re-confirm approval of a $60,000 budget amendment and a change order under the project to renourish Hideaway Beach with Upland Sand, Project 90541, in the amount of $107,188.53. 2) Adopt a resolution approving the Satisfaction of Lien for a solid waste residential account wherein the County has received payment and said lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the lien. 3) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 7 January 27, 2004 4) 5) Adopt a resolution authorizing the acquisition by gift or purchase of non- exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the Collier County Water-Sewer District's South County Regional Water (SCRWTP) 12 - MGD Reverse Osmosis (RO) Wellfield Expansion Project, Project Number 70892, at a cost not to exceed $1,300,000. Award annual contract for instrumentation, control, telemetry, and SCADA Integration services pursuant to RFP 04-3536, in the estimated amount of $1,500,000. 6) Board approval of a budget amendment to recognize additional revenue from the pollution clean-up and restoration contract GC 623 in the amount of $66,257. 7) Approval to transfer funds and the associated budget amendments for Contract No. GC 623 with the Florida Department of Environmental Protection (RDEP) from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) in the amount of $201,257 and to transfer the remaining budget in the amount of $30,300 to Reserve for Contingencies in Water Pollution Control Fund (114). 8) Approve a work order with Greeley and Hansen, LLC to perform an infiltration/inflow study for the North County Wastewater service area in the amount of $251,980, Project Number 72502. 9) Authorization to execute and record a satisfaction for a certain water and/or sewer impact fee payment agreement. Fiscal impact is $15.00 to record the satisfaction. 10) Approve the Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $96.00 to record the liens. 11) Approve consultant selection and authorize staff to begin negotiations for Wellfield Reliability Improvement and Expansion Program, RFP 04-3593, Projects 70158, 70899, 70900, 71002, 71006 and 71011 with estimated fees on the order of $1,000,000 per year for five to eight years. D. PUBLIC SERVICES 1) Approve a sub-recipient agreement between Collier County Emergency Medical Services Department and the Florida Department of Health for domestic security equipment. 2) Approve a budget amendment in the amount of $28,048 to upgrade materials used in the re-roofing of East Naples Community Center. 3) Approve the award of Bid No. 04-3596 to Gulfshore Pharmacy for the Human Services Department/Social Services Medication Assistance Program. 8 January 27, 2004 4) Approve the Older Americans Act Continuation Grant in the amount of $869,125 and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. E. ADMINISTRATIVE SERVICES 1) Recommendation to accept staff's short list for architectural-services for the Vanderbilt Beach parking garage, RFP# 04-3582. 2) 3) Approve a resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida during the 2004 calendar year to execute agreements, deeds and other documents required for the sale of GAC Land Trust property. Award of Contract #03-3548 to Jones Edmunds and Associates, Inc. for consultant services for developing a Land and Land Rights GIS database in the estimated initial contract amount of $205,224. 4) Approve resolution providing for the acceptance of conveyances made by developers in compliance with development commitment requirements and ordinances. 5) 6) Approval of a resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deed certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2004 calendar year. Authorize conveyance of an easement to Florida Power and Light Company for utility facilities to service the Grey Oakes Fire/Safety Station at a cost not to exceed $15.00. F. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) State Criminal Alien Assistance Program 2004. 9 January 27, 2004 K. COUNTY ATTORNEY 1) Approval of settlement agreement and mutual release between Collier County, Texas Industries, N.Y. and Collier Cultural and Educational Center in reference to Case No. 01-4571-CA-HDH that is now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. 2) Approve the agreement entitled "Prepayment of Educational Impact Fee Agreement", which agreement implements that portion of the Heritage Bay Development Order requiring the repayment of school impact fees, thereby allowing developer's $1,700,00{) prepayment to be deposited into the Educational Facilities Impact Fee Trust Account, and to authorize the execution of the agreement by the Chairman of the Board of County Commissioners. 3) Request to the making of four offers of judgment relative to the fee taking of Parcels Nos. 113, 125, 127 and 128 in the lawsuit styled Collier County V. G. Herbst, et aL, Case No. 02-5138-CA (Immokalee Road Project #60018). 4) Request to approve the making of an offer of judgment to respondent Nova Capital, L.P., A Delaware Partnership, D/B/A Mastercraft Homes Limited, for the fee taking of Parcel Nos. 102 and 702 in the amount of $20,940 in the lawsuit styled Collier County V. Faith Bible Church of Naples, Inc., ET AL., Case No. 99-2165-CA (Immokalee Road Project #69101). 5) Approval of Settlement and Tolling Agreement between Collier County and Rock Oil Company in reference to Case No. 2:03-CV-65-FTM-29DNF that is now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. 6) Accept offer of DeMinimus Settlement Agreement from United States Environmental Protection Agency to settle all of Collier County's Potential Liability regarding pollution from former Florida Petroleum Reprocessing Facility at 3211 SW 50t~ Avenue, Davie, Broward County, Florida, and authorize payment of $6,463.12 to USEPA and $2,154.38 to the City of Fort Lauderdale in full settlement of Collier County's Potential Total Liability. 17. 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 ALt. 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. 10 January 27, 2004 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX2003-AR-4607 Jeffrey A. Nunner, P.E., of Nunner Group, LLC, representing Cleveland Clinic Florida, requesting a two-year extension of the Astron Plaza Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for a 8.56 acre tract located at the southwest corner of the intersection of Napa Boulevard and Pine Ridge Road in the southeast quadrant of the 1-75 and Pine Ridge Road intersection, in Section 17, Township 49 south, Range 26 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR5000 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Tract "F" according to the plat of "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 January27,2004 AGENDA CHANGES. BOARD OF COUNTY COMMISSIONER~' MEETING January 27, 2004. Add On Item 10(I) to be heard at 2:00 p.m. alon.q with Items 10(H) and 10(J) ~ To discuss only a resolution by the Board of County Commissioners of C,~llier County, Florida, supporting Satire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. (Staff request.) Add On Item 10(J) to be heard at 2:00 p.m. alon.q with Items 10(H) and 10(1~. To discuss only a resolution by the Board of County Commissioners of Collier County, Florida, making findings; designating a Brownfield Area within Collier County for the purpose of environmental rehabilitation and economic development, and providing for an effective date. (Staff request.) Item 17B was placed on this a.qenda in error. Item was advertised for and will be heard at the February 10, 2004 BCC meeting: Petition AVPLAT 2003-AR5000 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Tract "F" according to the plat of "Fountainhead Subdivison Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. (Staff request.) Clarification of Item 16(K)1: When the Board approves the revised settlement agreement, the Board will also accept the deed for the twenty acre cultural center parcel that has the "Exhibit B" attached. Exhibit B to the deed is a one page, one paragraph attachment. It sets forth the conditions requested by the Board when the original settlement agreement was presented for acceptance in November. All parties to the agreement have signed the revised one except the County. The agreement also contains the same new terms as those in the Exhibit "B". Time Certain Items: Item 10C to be heard at 11:00 a.m. Proposed mandatory non-residential recycling ordinance within the unincorporated areas of Collier County. Item 10F to be heard at 1:00 .m. with 10A and 10B foll~ 50-acre parcel of land located in northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway (Fleischman property.) Item 10G to be heard at 2:30 p.m;. Consider amending the Medic 80 Agreement with Naples Community Hospital to address additional requests raised by the hospital. 10(H), 10(I) and 10(J) all to be heard at 2:00 p.m.. Satire Aircraft Company. PROCLAA~A TION ~VHE~EA$, we have been endowed with the b/essings and bene£ffs of both our human and an/ma/iCe/ends, who give us companionship and great pleasure in our daily/ives; and, ~VHEREA$, we accept our r~spon~ibilify to protect ail crea~res with whom we share the earth from fear. suP/erin9, pa/n. and need; and, WHEREAS, we recngn/ze that kindness, consideraHon, and respect/Cop ali i/yin9 things are the basic values on which a humane and civilized society is built; and, ~VHEREA$, the people in this community are deeply indebted to the Shelter /Car Abused gVomen & Children, the Humane ~ociely oiC Co#/er Count/, and Collier County Domestic An/ma/~ervices /Car their invaluable contributions in caring/Car v/cHins oiC domestic violence and pet abuse, spirit of kindness and and hearts otc ali S~urday, dedicated to promoHng harmony among ali family the evefit~ of this day at VineYa~$ DONE AND ORDERED COIAtRI~IONER$ FL ORi~DA DONNA F~ALA, CHA£~AN A ~rEST~ DVd£Gi-rr E. BROCK. CLERK PROCLA~A T_TON WHEREAS, the Congress of the United 5totes of America has designated the birthday of The Reverend Dr. A4artin Luther Kin9, ~Tr. os a National Holiday; and, H/HE, qEA$, the President of the United States signed legislation authorizin9 The Revermnd Dr. King'~ birthday, ~Tanuary 20th as a National Holiday: and, The Reverend Dr. /Aartin Luther K/m], ~Tr. received national and international recognition £or his st/trim] $~ru99/e against injustice and his leadership in espousin9 brotherhood, se/£-d/$c/p/ine, and nonviolence; and, WHEREAS, the Coil/er County Branch of the National Association for the Advancement of Co/ored P~?p/q.(N~AA~P,} wi//hold commemorative celebrations of ~e Re~er~ ~r~-i"Ki~j.$.birthday by sponsoring communi~ ~i~'~S and:e~n~ ~nroo~n~ ~e month of ~anua~ 3004. : ~OW THEREFOQ~ ColIi~ ~, Fl~ido, THE REVEREND DR. ~AR~N LUTH~ ~N6, ~R. ~ BIRTHDA~ CELEBRA~ON in Collfer ~Coun~, Elorido o~ ~ o~1 citizens-tm .~.~ .... The Rev~nd commemoroti~ ce/ebnotions to be h~ld th the month of DONE AND O~DE~ED ~A~':~'COUN~ C0~55ION~5 COL ~ rER COUNt, FLO~DA A TTE$ T: DONNA t=-rALA, CHA_rRtHAN DI4/_rGHT E. BROCK, CLERK AG~Np~ ITEM No. ]-~ t_-'~ ' AN 2 7 200, Check presentation to the Collier County Commission, City of Naples Mayor and Collier County legislative delegation members from the South Florida Water Management District for watershed initiatives in Collier County in the amount of $1.3 million. Presented by: Pam Mac'Kie, Deputy Executive Director, Land and West Coast Resources, South Florida Water Management District. In 2002, the South Florida Water lVlanagement District's Lower West Coast Service Center developed a series of five watershed initiatives for each of the main receiving water systems within the five-county area it serves. The initiatives are focused on improving water quantity and quality through implementation of a number of watershed restoration projects. These initiatives formed the core of the Service Center's application to the state for water projects funding and are now central to its budgeted restoration efforts for FY04. Two of the selected initiatives are in Collier County. One of these five initiatives is the Naples Bay :Initiative. Naples Bay is the receiving water body of a subtropical watershed of approximately 120 square miles in western Collier County. The historical watershed comprised 10 square miles that supported the natural system and supplied water for both urban and rural human populations. However, the need to provide urban infrastructures in the form of roads, drainage, utilities, and recreational facilities resulted in virtual elimination of historic flowways to the Bay and neighboring estuarine waters. As a result, the Bay's water quality and aquatic biota have been adversely impacted. The Big Cypress Basin :Initiative, a priority watershed, extends south from the Estero Bay Watershed in Lee County and the Caloosahatchee River watershed in Hendry County to Collier County and the Gulf of Mexico. Tt~ ~r~ hm~r~dary is defined by the Everglades watershed in Hendry and Collier County. The Basin covers approximately 2000 square miles, primarily within Collier County. It has undergone rapid development in the last 40 years -- from an area with relatively small urban population centers and lots of cattle on open range, to an area that now includes the large metropolitan area of Naples. The District currently has a five-year planning effort underway in southwest Florid9 to optimize environmental restoration in the area. "~GENDA,~TEM No. JAN 2 ? 200 t ...... EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE DEBBI MAXON, CASE MANAGER, PUBLIC SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR JANUARY 2004 OBJECTIVE: To recognize Debbi Maxon as "Employee of the Month" for January 2004. CONSIDERATIONS: Debbi Maxon has a master's degree from the University of South Florida in Gerontology, and she is viewed as an expert in our community on geriatric case management services. Debbi is a certified Case Manager from the Department of Elder Affairs. Debbi has worked for Collier County Government for the past 12 years and has become an expert in her position. Not only has she thought of ideas for improving and enhancing the services she provides elders who seek to remain independent in our community, but also has eased the workload for her colleagues. Most recently working with a colleague, she initiated and completed the entire assessment process for the Services for Seniors' program. A staff member associated with the program explained Debbi's achievement by stating: "As Case Manager's, we go into people's homes to help them access available community resources which allow the elders to remain safely in their homes as long as possible. The State, Federal, and County requirements have generated several hours worth of paperwork to meet the requirements. Debbi investigated the successful computerized programs in other Counties and extrapolated their information for the use of our Program. Debbi worked on her own time and after hours to fine-tune the computerizing of the required forms and data gathering instruments. This has helped us not only be productive, but better serve our clients." In addition to the automation of the case management forms, Debbi constantly gets positive feedback from the customers she serves. Compliments regarding her professionalism have found its way to the "Wall of Fame," section of the administrative offices where letters received on behalf of the good works of Collier County Government staff are displayed and honored. FISCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Debbi Maxon, Case Manager, Public Services Division be recognized as the "Employee of the Month" for January 2004. deUan Merritt, Di~e~ct~ "'% Human Resources Department Len Pricg, Administrato~ Administrative Services Division DATE: DATE: AC. ~= ,~1-) A [ T E~'""~i JAN 2 7 200 EXECUTIVE SUMMARY THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, FUNCTIONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 90-29, 95-67, 99- 10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance to amend the Collier County Airport Authority Ordinance as directed by the Board per Agenda Item 10(B) at the Board's December 2, 2003 meeting, and repeal, supersede and consolidate Ordinance No. 95-67, as amended, and repeal Ordinance No. 90-29. CONSIDERATIONS: The Board directed staff to schedule a public hearing and present to the Board the attached proposed Ordinance to amend the Airport Authority Ordinance (Ordinance No. 95-67, as amended) to accomplish the following: 3. 4. 5. Specify that funds recognized from the sale of durable goods purchased by the Collier County Airport Authority (CCAA) with County General Fund monies must be refunded to the County's General Fund. The Board must authorize final approval of grant awards. The CCAA must schedule and conduct at least one workshop annually with the Board prior to submission of its budget request. CCAA leases and other CCAA documents that cnntrc~l ~c~ c~f lnncl fc~r ~q Ir-tm in excess of 5 years must be ratified by the Board. Each year the CCAA must submit to the Board an update to the 5-year Strategic Business Plan (Master Plan) to accompany the tentative annual budget request. The CCAA must provide the Board with quarterly financial reports, including the status of grant and lease activities. The Board must authorize any national search for the CCAA's Executive Director position prior to the occurrence of the search; and The Board is to ratify the appointment of, and proposed employment agreement, of the CCAA Executive Director prior to any offer of employment. NO. JAN 2 7 200q F'g. .// The attached Ordinance accomplishes the Boards' requirements and also repeals Ordinance No. 90-29, which in 1990 (prior to formation of the Airport Authority) codified Airport Rules and Regulations that have been superseded by Ordinance No. 95- 67, as amended. FISCAL IMPACT: There is no direct fiscal impact associated with the recommendations contained in this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan (GMP) associated with this item. The GMP sets no Level of Service Standards (LOSS) for airports or support facilities, and, therefore, airports and their support infrastructure are not inventoried public facilities. RECOMMENDATION: That the Board adopt the attached Ordinance to amend and supersede the Collier County Airport Authority Ordinance (Ordinance No. 95-67, as amended) and to repeal Ordinance No. 90-29 to delete Airport Rules and Regulations that have been superseded by Ordinance No. 95-67, as amended. PREPARED BY: , Date: Thomas C. Palmer, Assistant County Attorney APPROVED BY: /,~~~C- Date: Winona Stone, Assistant to the County Manager /~ Date APPROVED BY: ~ Ja~es V. Mudd, County Manager APPROVED BY: ~-~ d//q~~ Date: David C. Weigel, "C'~ounty(3)tt°rney COLLIER COUNTY ORDINANCE NO. 2004- THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; AMENDING POWERS, FUNCTIONS AND DUTIES OF THE BOARD AND THE AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPORTING REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 90-29, 95-67, 99- 10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, subsection TWELVE (B) of this Ordinance is being amended to require that all funds realized by the Authority from sale of durable assets purchased by the Authority with County General Fund money shall be returned by the Authority to the County's General Fund; and WHEREAS, subsection SEVEN (C)(5) in this Ordinance is being amended to specify that all of the Authority's grant awards are subject to final approval from the Board of County Commissioners; and WHEREAS, subsection EIGHT (A) in this Ordinance is being amended to require that each year the Authority shall schedule and conduct at least one (1) workshop with the Board prior to submission of the Authority's tentative annual budget request to the County Manager; and that each budget request must contain an update of the Authority's five-year Strategic Business Plan; and WHEREAS, this Ordinance amends subsection SEVEN (C)(7) to require that all leases, sub-leases, easements, licenses, use agreements and any other agreement or document entered into by, or issued or granted by or to the Authority that will control use of the County's real property for a term greater then five (5) years must be ratified by the Board before each such document becomes effective; and WHEREAS, subsection EIGHT (C) is being added to this Ordinance to require that the Authority shall provide the Board with quarterly financial reports, including the financial status of grants and income from real property sub-leases and real property licenses; and WHEREAS, subsection TEN (A) in this Ordinance is being amended to specify that the Board must authorize each search for an Airport Authority Executive Director, must approve the applicant recommended to the Board for employment by the Authority, and the Board must approve the recommended applicant's employment agreement; and=. WHEREAS, Section TWENTY in this Ordinance specifies that this Ordinance repeals and supersedes Collier County Ordinance No. 90-29, and Ordinance No. 95-67 as amended by Ordinance Nos. 99-10 and 2002-28. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORIDA~ that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Airport Authority Ordinance." Underlined text is added; struck-through text is deleted SECTION TWO: Findings and Purpose. It is hereby reaffirmed dcc!~rcd that: A. Pursuant to Section 332.08(1), Florida Statutes, and this Ordinance, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in Immokalee; the Marco Island Executive Airport, located Northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades, B. The three County airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community. C. The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise ope ratio ns. D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes ("Airport Law of 1945"), authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate county airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental functions exercised for a public purpose and are matters of public necessib/. E. Section 332.08(1), Florida Statutes, authorizes Collier County to vest authority for the constructioh, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance, which shall prescribe the powers and duties of such officer, board or body. F. The three Collier County owned airpods require attention, including shod and long range planning, to encourage and foster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers in the County. G. The three airpods should be developed to promote the welfare of all current and future residents of the County. H. It is the intent of the Board of County Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in Section 332.08, F/cfi'da Statutes, and pursuant to th~ governmental powers granted to counties ~r~ ~.,~ ~p,~f ~.~u, ~-~r/c~a Statutes. I. This Airport Authority is consistent with ~d fuCthers the County's Comprehensive Plan and provides a focused approach to the provision, development and management of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports. J. The provisions of this Ordinance shall be ~iberally construed to effectively carryout its purposes in the interest of the public health, safety, welfare and convenience. This Ordinance shall be construed to be consistent with Chapter 189, Florfda Statutes (the "Uniform Special District Accountability Act of 1945"), and Chapter 332, Florida Statutes (the "Florida Airport Act of 1945"); with Chapter 286, Florida Statutes, ('Florida's Government in the Sunshine Law"); and with Chapter 119, Florida Statutes (Florida's Public Records Law), as those statutes may be amended from time-to-time. Underlined text is added; struck-throu.qh text is deleted JAN 2 7 200~ K. Nothing in this Ordinance shall be construed to affect any actions previously taken by Collier County and/or the Collier County Airport Authority, or any agreements previously entered into by Collier County and/or the Airport Authority. L. It is the intent of this Ordinance to grant to the Airport Authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the Board and from the Clerk to the Board, and with the intent to eventually have the authority to become independent by passage of a special act of the Florida Legislature. SECTION THREE. Definitions, As used in this Ordinance, the following words and terms shall have the following meanings unless the context clearly requires otherwise: A. "Airports" means the real property and all improvements owned or leased by Collier County (as tenant) and/or the Collier County Airport Authority (as sub- lessor and/or tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County and/or the Airport Authority by lease, purchase, gift or by any other means. B. "Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangers, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking facilities, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the hand!lng of mail, express and freight, and the accommodation, convenience and comfod of passengers, together with related transpodation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, propedies, rights, easements and franchises relating thereto and deemed necessary or convenient by the Authority in connection therewith. C. "Authority" means the Collier County Airport Authority created by Ordinance No. 93-36 and continued by this Ordinance. D. "Board" means the Board of County Commissioners of Collier County, Florida. E. "County" means Collier County, Florida. F. "Improvements" mea~s such replacements,' repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof. G. "Member(s)" means on or more of the persons who comprise the governing body of the Airpod Authority. SECTION FOUR. Continuance of Authority; Airport Boundaries, A. The Board, on June 22, 1993, by enactment of Collier County Ordinance No. 93-36, created a seven (7) member body designated as the Collier County Airport Authority. B. The Authority is a "Political Subdivision" of Collier County as defined in Section 333.01 (9), F/orfda Statutes. The Authority is also a "Political Subdivision" of Collier County as used in Section 196.199, F/orida Statute, regarding ad valorem taxation. Underlined text is added; struck thrcugh text is deleted 3 JAN 2 7 200zt pg. C. The Authority is not a "department" under Collier County Ordinance No. 84-44, as amended· Neither the Authority, the Authority's Executive Director, nor other employees of the Authority are under management of the County Administrator Manager. D. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapter 332 or 333, Florida Statutes, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. E. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B, and C. SECTION FIVE. Governing Body; Membership, Appointment and Terms Of Office A. The governing body of the Authority shall be composed of seven (7) members appointed by the Board. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four (4) year terms. There are no limitations on the number of times that members of the Authority may be re-appointed to the Authority. In the event this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall prevail. Upon the expiration of a member's term of office, such member shall maintain his or her appointment until the member is either re-appointed or a successor is appointed by the Board. B. Members of the Authority may be removed with or without cause by a majority vote of the membership of the Board. Vacancies on the Authority shall be filled in the same manner as the original appointment. C. Members of the Authority shall be residents of Collier County and must have business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation, or related fields. There shall be at least one (1) member of the Authority appointed from Immokalee, Marco Island, and Everglades City of a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the sate, county or municipality level shall be appointed to, or be a member of, the Authority. D. Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a Chairman, Vice Chairman, and Secretary. The Secretary shall maintain custody and control of the Authority's records. The Authority may delegate the duties of Secretary to the Executive Director of the Authority or designee. E. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. F. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such Underlined text is added; struck thrcugh text is deleted AGENDA ITEM~ NO. _ ~ ,/-"/ JAN 2 7 200 1 pg. · manner as required by Chapter 218, Florida Statutes, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G. Other Departments of the County, including the office of the County ~ Manaqer, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective Department for the cost of services and materials supplied by that Department to the Authority. SECTION SIX. Compensation of Members. A~. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget as approved by the Board, SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities, The day-to-day activities of the Authority, of the Executive Director, and of Authority's other employees shall not require prior approval from the Board or the County Adm!n!ctratv..r Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature, C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. 4. To maintain an office within the County at such place or places the Authority designates. 5. Subject tc 'proval of the Board, to borrow money and issue revenue bonds or an~.~,p,~,,_ certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any ,qrant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airpods as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the County), to provide a margin of Underlined text is added; struck thrcugh text is deleted 5 ./AN 2 7 2006 safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. ,, .... ~,~,,,~ ,~,,, +,,,,, ,,f ,,~,,~, .... ~' grant shall not ..... cffcot!vc torm cf thc lo=so cf tho 3!rpo.'-t from thc Board to tho Authority. Ne Each sub-lease where the Authority is the sub-leseor, and ne each grant of any such easement, license or other use agreement, shall be subject to approval of the Board or the Count'! Administrator if the term of the sub-lease, license, easement, use agreement or other agreement or document will control use or occupancy of real property for a term greater then five (5) years, including every option to renew or extend the term. Nc Lc=so tc thc Authority =c tcnc. nt ch=l! bc 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal properly or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the County pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shall be employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. 11. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the county Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law firm(s) to serve as the Authority's attorney for some or all of the Authority's legal services. · .... 13. To exercise all power and authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand Underlined text is added; struck-ihrougl~ text is deleted JAN 2 ? 200 therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airpod after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. SECTION EIGHT. Annual Workshop; Budget and Annua! Reports. A. The Authority shall schedule and conduct one (1) workshop with the Board prior to submission of the Authority's tentative annual budqet request. For each fiscal year the Authority shall prepare _aa tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year, The budget shall be transmitted to the County Administrator Manager for Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is ear!lest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the-Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year Strate.qic Business Plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the Authority shall submit to the Board an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit. (C). For the December, March, June and September calendar quarters of each year, the Authority, not later than forty-five (45) days following the end of each quarter, shall deliver to the Board a quarterly financial report includinq the status of qrants and income from sub-leases, licenses, and other revenu~ producing items. SECTION NINE. Administrative Code. A. The Authority shall adopt an Administrative Code that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The Administrative Code and amendments thereto are not subject to approval of the Board or of the County ^dminictr=tcr Manaqer. B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by special act of the Legislature. Underlined text is added; struck-through text is deleted JAN 2 ? 200 Pg- SECTION TEN. Executive Director. A. The Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subiect to (i) the Board approvin.q each search for an Executive Director, (ii) the Board approving the individual recommended to the Board for employment as Executive Director, and (iii) the Board approving the proposed employment a.qreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority of the Board. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment Agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION ELEVEN. Non-Interference. A.=. Members of the Authority may communicate with employees, officers, agents under the direct or indirect Supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. Underlined text is added; ctruck-through text is deleted NO. JAN 2 7 200 PS~. /'~' SECTION TWELVE. Transfer of Property and Personnel, A. The County has leased to the Authority for the consideration of ten dollars ($10.00) all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a special act of the Legislature authorizing same, the Board may convey the fee title to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title, and be subject to paragraph O of SECTION THIRTEEN, below. B. The, County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. All funds received by the Authority from sale of durable assets purchased by the Authority with funds from the County's General Fund shall be refunded by the Authority to the County's General Fund. C. Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those Policies and Procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. SECTION THIRTEEN. Merger; Dissolution. A. There shall be no merger involving the Authority and any other unit of government without prior approval of the Board. B. The charter of the Authority may b e revoked and the Authority unilaterally dissolved by an Ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to (a) the legal rights of bondholders, the Executive Director, and all employees of the Authority, and (b) a dissolution plan adopted by the Board, C. Dissolution of the Authority shall automatically transfer to the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the Authority. SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted by the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): 1. The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). 2. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Regional Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). Underlined text is added; struck through text is deleted NO._ JAN 2 ? 004 3. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Everglades Airpark, adopted by the Authority as revised on February 11, 2002 (17 pages). 4. The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Marco Island Executive Airpod, adopted by the Authority as revised on February 11, 2002 (17 pages). 5. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11,2002 (42 pages). 6. The Collier County Airport Authority Leasing Policy adopted by the Airport as revised on February 11,2002, (19 pages). _BB. (C). Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four (4) weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C_._~. (D), Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Aisc, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such Rule or Regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is authorized by subsection 901.15(1 ), Florida Statutes. SECTION FIFTEEN. Trespass: Anywhere at Airport; Secured Areas, A. It shall'be a separate violation of this Ordinance for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. B. It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this Ordinance shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida Statutes. The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Underlined text is added; struck-through text is deleted 10 NO. JAN 2 7 200q pg. SECTION SIXTEEN. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a, concealed weapon into the passenger terminal of the airport, or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Florida Statutes. The specified penally for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft, No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the State of Florida by application of Section 790.33, FIorida Statutes. SECTION SEVENTEEN. Penalties; Referrals Within Collier County Government. A. General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following: 1. Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. 2. Failure to perform an act that is required to be performed by any Collier County Ordinance, or by Rule or Regulation authorized by any Collier County Ordinance. 3. Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance, B. In this Ordinance, the phrase "violation of this ordinance" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility. C. Except as may otherwise be specifically provided with regard to the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulatio!~, or ct an independent violation of this Ordinance, may be punished by a fine n{' ~',ed five hundred dollars ($500), and if the violator is an individual, by imF ....... ~t in the County Jail for a term not to exceed sixty (60) days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this Ordinance that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation. D. Imposition of a felony penalty, or any misdemeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. E. Violations of any such rule or regulation, and/or any independent violation(s) of this Ordinance, may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; Nor is Underlined text is added; struck-through text is deleted 11 AGENDA .I..I*..EM Z~ NO. JAN 2 7 200h Pg. proof of intent or scienter required by this Ordinance. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. F. Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred to Board, Committee, or department may be applied to each respective violators). SECTION EIGHTEEN. Referral for Investigation or Enforcement to Outside Law Enforcement Agencies. A. Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authorily's Executive Director, to any appropriate outside law enforcement department, entity, or agency, for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083, Florida Statutes. B. Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation. C. The Executive Director, and/or the Airpod Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule and/or regulation that may be a violation of any [aw, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. SECTION NINETEEN. Conflict and Severability. in the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct ,and independent provision and such holding shall not affect the validity of the remaining portions, SECTION TWENTY. Repeal of Ordinances. This Ordinance repeals and supersedes Collier County Ordinances numbered 90-29, and repeals and supersedes Ordinance No 95-67 as amended by Ordinances numbered 99-10 and 2002-28. SECTION TWENTY-ONE. Inclusion 'into the Code of Laws and Ordinances. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; struck-~,hrcugh text is deleted 12 AGENDA_LTEi~L, -- NO. ~ JAN 2 ? 2006 Pg._ /~.// this SECTION TWENTY-TWO. Effective Date. This Ordinance shall be effectively upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners __ day of ,2004. ATTEST: DWIGHT El BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and legal sufficiency: . Thom~.s'~: Palmer, Assistant County Attorney 13 JAN 2 ? 208~t P~. , EXECUTIVE SUMMARY AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THAN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE OBJECTIVE: That the Board of County Commissioners (Board) adopt the attached proposed Ordinance amending Collier County Ordinance No. 2001-75 (the Collier County Public Vehicle for Hire Ordinance), as recommended by the Public Vehicle Advisory Committee. CONSIDERATIONS: The attached Ordinance is presented to the Board in response to the Board's request that the PVAC consider these issues and make its recommendation to the Board. The basic question is whether Ordinance No. 2001-75 should be amended to try to further protect vehicle for hire passengers from potential victimization from each individual who hereafter applies to the PVAC for authorization to operate a vehicle for hire in Collier County. The PVAC recommends that each such individual must be fingerprinted and the fingerprints be delivered to the Florida Department of Law Enforcement and to the Federal Bureau of Investigation, each of which will provide its respective background checks directly to staff. The information in each background check will determine whether the applicant is eligible to be authorized by the PVAC to operate a vehicle for hire. If either check shows that the applicant had been convicted of specified crimes within ten years before the date of the application to the PVAC, and the applicant has not been released from specified supervisions, such as, and not limited to, probation or parole, the applicant will not be eligible to be permitted by the PVAC to operate a vehicle for hire. Convictions that occurred more then ten years before to the date of the application will not be considered. If the date of each ten-year conviction is greater than five years prior to the date of the application, the applicant can apply to the PVAC for an exemption from the ten-year crimes prohibition. All ten year crimes being added into the Ordinance are convictions upon which a Constitutional Court Judge can declare the convicted individual to be a "sexual predator" or the conviction renders the convict to be ineligible for empl )_vm..ent ir] ,, Florida nursing homes and related Florida health care facilities, r ~ITEM~..,_~,~ NO. JAN 2 7 200~ Pi[. / development service institutions, or Florida intermediate care facilities, or Florida mental health treatment facilities, or positions designated by Florida law as "positions of trust or responsibility." The PVAC cannot not grant an exemption unless the applicant proves to the PVAC, by clear and convincing evidence, all specified proof, including that the applicant has been released from all "sanctions" (as defined in the Ordinance) for each three-year crime conviction and from each ten-year crime conviction, and that the applicant has been rehabilitated and, therefore, is not likely to victimize any vehicle for hire passenger. If the PVAC grants an exemption, the PVAC can impose driving restrictions upon the applicant. FISCAL IMPACT: It is anticipated that these amendments to this Ordinance will have no fiscal impact to the County. Each individual who requests the two required fingerprint based criminal histories must pay $24 to the FBI and $23 to the FDLE. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Amending Ordinance. RECOMMENDATION: The Collier County Public Vehicle Advisory Committee recommends that the Board enact the attached proposed Ordinance, subject to input at a public hearing. PREPARED BY: APPROVED BY: Tom'~r'a~[n~r, Ass't County Attorney David C. Weigel, ~C~)unty ~torney Date= Date: NO. JAN 2 ? 200 pg. ORDINANCE NO. 2004 - __ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO OPERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN CONVICTED OF ONE OR MORE SPECIFIED TEN YEAR CRIME LESS THEN TEN YEARS PRIOR TO THE DATE OF THE APPLICATION TO THE PVAC UNLESS THE PVAC GRANTS AN EXEMPTION; ALSO AMENDING SUBSECTION 142-55(d) TO ALLOW PLACEMENT OF VEHICLE DECALS ON THE VEHIOLE'S REAR WINDOW; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) has recommended to the Board of County Commissioners (in its capacity as the Public Vehicle Board) that Collier County Ordinance No, 2001-75 (the Public Vehicle for Hire Ordinance) be amended to mandate that the PVAC shall not authorize an individual to operate a vehicle for hire pursuant to this Ordinance if the applicant had been convicted of any specified ten-year crime within the ten years prior to the date of the application to the PVAC to operate a vehicle for hire unless the individual applies for and receives an exemption based upon specified clear and convincing evidence; and WHEREAS, The Supreme Coud of Florida En Banc in Pratt v. City of Hollywood, 78 So.2d 697 (Fla. 19551, opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab for transportation purposes, such person's safety is committed to the care of the taxicab driver, The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them.": and WHEREAS, the above-stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PVAC to operate a vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801, Florida Stat. utes, and the County's home rule powers, the Board finds that for public safety it is critical to require both State of Florida and FBI fingerprint based criminal background checks to screen each individual who, pursuant to Ordinance No. 2002-75, as amended, hereafter applies to the PVAC for authorization to operate a vehicle for hire pursuant to Ordinance No. 2001-75; and WHEREAS, the State of Florida has not preempted this local regulation of operators of vehicles for hire; and WHEREAS, as specified in these amendments, the PVAC shall not hereafter authorize any individual to operate a vehicle for hire pursuant Ordinance No. 2001-75 if the driver applicant was convicted of any one or more of the specified ten (10) year crimes at any time within the ten years preceding the date of the application to the PVAC to operate a vehicle for hire pursuant to the Ordnance unless the applicant is granted an exemption based on clear and convincing evidence that persuades the PVAC that the applicant has been rehabilitated and appears to no longer be a threat to victimize any vehicle for hire passenger; and WHEREAS, some vehicle decals having been on the vehicle's rear bumper have damaged painted rear bumpers whereby staff recommends that the vehicle decals should be allowed to be placed on the vehicle's rear window provided the window placed decal is clearly visible when viewed directly behind the vehicle. JAN 2 ? 200 1 pg. Underlined text is added; SL"-'.'ck through text is deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section 142-37 of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75) is hereby amended to read as follows: Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license (operator's permit) in said driver's name issued by the State of Florida. The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before the each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and certificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificat9 ho!de.cs ,prospective drivers ,.;er¢ies eveo~~ by having the Florida Department of Law Enforcement and the FBI provideic~j directly.to staff with c,-, officicJ copy of that individual's below-described fingerprint based criminal record checks (or !~ck thorgof) and an affidavit properly sworn to and subscribed by the driver ~oolicant and detivered~-'~o the oc,'!,if!c=tc ho!der ~nd tc County staff swearing or affirming, if true, that such driver applicant has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the then past three years) and/or any of the following ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three years. Each applicant must be finqerprinted and the applicant must have those finqerprints delivered to the Florida Department of Law Enforcement for a state criminal history check and to the FBI for a national criminal history record check. Thc, information supplied to staff in response to each criminal history record check shall determine the applicant's eli.qibility to operate a vehicle for hire under this Ordinance. The PVAC shall not consider any conviction that occurred more then ten years before the date of the application, and shall not consider any conviction that had been set aside by post-conviction proceedinq, Such information is also exempt from subsection 119.07(1), Flodd_a Statutr~q (P~.,blie _Re_co__rd'__s_L_a__w_) disclosure1 The Three year crimes are: ........ ,~,4 assault; (2--) (1) Any crime involving the sale or possession of any controlled substance. (-3-) (2) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes. (-4) (3) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; (8) (4) Vehicular manslaughter; (--6) (5) Reckless driving; (-7-) (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procuring person under age of eighteen (18) for prostitution, which is listed below as a ten year crime). The Ten Year Crimes are: (7) Murder, manslauqhter, armed robbery; or assault with a deadly weapon or aqqravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred durincj a family dispute; or (8) Section 784.011, relatin.q to assault, provided the victim of such assault wa~ a minor; or Underlined text is added; s~ack L~-cugh text is deleted. NO.. JAN 2 7 200 (9) Section 784.03, Florida Statutes, relating to battery, provided the victim of the battery was a minor; or (10) Section 787.01, Florida Statutes. related to kidnapping a child under the age of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relatinq to false imprisonment of a child under the age of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to lurinq or enticing a child into any structure, dwellinq or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011(2), (3). (4), (5) or (8), Florida Statutes, relatinq to sexual battery; or (14) Subsection 794.05, Florida Statutes, relatinq to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procurin.q person under the a.qe of ei.qhteen (18) for prostitution; or (16) Section 800.04, Florida Statutes, relatinq to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of aqe; or (17) Section 825.1025, Florida Statute, relatinq to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person', or (18} Section 827.03, relatinq to child abuse or aqqravated child abuse; or (19) Section 827.04, Florida Statute, relating to contributinq to the delinquency of a child; or (?_c,) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or (2 l) Subsection 827.071 (3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PVAC that the conviction did not involve the driver applicant directinq any such sexual performance; or (22) Section 847.0133, Florida Statutes, related to knowinqly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relatin,q to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. (c) Exemptions. The PVAC may grant an exemption to permit the applicant to operate a vehicle for hire pursuant to this Ordinance provided the applicant proves to the PVAC the followinq by clear and convincinq evidence: (i) that each terq year crime conviction occurred at least five years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three year crime and from each ten year crime; (iii) the relationship of the applicant to each victim, includinq the aqe and qender of each victim; (iii) all harms the commission of the crime caused to each victim, (vi) whether th.e crime invotved violence or use of a weapon, (v) the applicani's hi~tor¥ ~ir~ce the date of each conviction, includinq evidence of rehabilitation, (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenqer, and (vii) the applicant's response to medical treatment,, if any, related to such criminal behaviors. The PVAC may impose restrictions upon the applicant's vehicle for hire drivinq activities. (d) The PVAC may consider evidence offered by others in support of or in opposition to (]ranting an exemption and driving activity restrictions. (e) Notwithstandinq any other provision in this Ordinance, the PVAC's decisions regarding exceptions, exemptions and restrictions shall be final and shall not be eliqible for appeal or other review by the Public Vehicle Board. (e) ~ If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle for hire in Collier County. In the event that a driver's license is suspended or revoked, or a driver is convicted of any of the above-listed offenses, regardless of adjudication, the certificate holder and the driver shall notify staff in writing of the suspension, revocation or conviction immediately upon the driver or the certificate holder becoming aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted AGENDA IT~ .,,,~ JAN 2 7 200 t Underlined text is added; Cr'.:'=!: t5.-~:~,5 text is deleted. 3 to operate a permitted vehicle under the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. (.q) "Conviction" applies to Florida and to crimes with substantially the same elements in other jurisdictions covered by the respective criminal history record check, includinq military courts, and includes a findinq of quilty, or entry of a plea of nolo contendere or quilty, reqardless of adjudication; and in the case of a iuveniIe, a findinq of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation, community control, conditional release, control release, or incarceration in any state prison, federal prison, private correctional facility, local jail or other local detention facility, includinq iuvenile facility. SECTION TWO. Subsection (d) in Section 142-$5 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner of the front window and the other decal either on the left hand side of the vehicle's rear bumper or at the bottom left corner of the vehicle's rear window, provided each such rear facinq decal is clearly visible when wewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicte decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal and thereby destroy the decal. The certificate holder shall be responsible for notifying the county manager in writing within ten calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this article prior to its being operated as a vehicle for hire by the cedificate holder. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; struck threug5 text is deleted. AGENDA ITEM,~ NO. _ JAN 2 7 2006 pg. ~' SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2004. ATTEST: .- Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiafa, Chairman Approved as to form And legal sufficiency Assistant County Attorney Underlined text is added; z~.:'cu. t~rcug,u. text is dcletcd. JAN 2 7 EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 99-38, THE COLLIER COUNTY MAXIMUM FEES FOR NON-CONSENT TOWING AND STORAGE OF VEHICLES ORDINANCE; AMENDING SECTION FOUR TO CLARIFY THAT VEHICLE TOWING COMPANIES, WttEN ENGAGED IN NON- CONSENT TOWING OR NON-CONSENT STORAGE, SHALL NOT CHARGE ANY ADMINISTRATIVE CHARGE OR FEE UNLESS THE TOWING COMPANY ACTUALLY INCURS SUCH COST AS A DIRECT EXPENSE AND PAYS THAT EXPENSE; AMENDING SECTION SIX REGARDING TIlE COUNTY'S WRECKER OPERATOR SYSTEM AND CLARIFYING PENALTY PROVISIONS OBJECTIVE: To have the Board adopt the attached proposed Ordinance to amend the "Collier County Maximum Fees for Non-consent Towing and Non- consent Storage of Vehicles Ordinance" as recommended by the Sheriff's Agency, the County Attorney the Sheriff's Legal Counsel, Danny Schryver. CONSIDERATIONS: These amendments are to accomplish three (3) objectives. · 1. Subsection 126.69(1), Florida Statutes, reads: "Violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted." The proposed Ordinance is to affirm that, in accordance with that subsection 125.69(1), violations of this Ordinance, when prosecuted in a court of law, are to be prosecuted in the same manner (procedurally) as misdemeanors are prosecuted, irrespective of whether the alleged violation is or is not a misdemeanor. The proposed Ord~:~'.~...~.,-,: ..... .~,,~.~ to specify that ,n,,~,,,,~rat~on shall not be a possible penalty for any violation of the Ordinance, and that, therefore, all proceedings to enforce this Ordinance, irrespective of the selected forum, including a court of law, shall be civil - not criminal - proceedings. Section 323.002, Florida Statutes, specifies that incarceration is a possible punishment if an individual is convicted of committing specified acts in Collier County because Collier County has adopted a Vehicle Towing Ordinance. The prosecuting party can elect to prosecute the allegeO violation either as a violation of the Ordinance or as a violation of the Statute. Collier County's Ordinance cannot affect any aspect of Section 323.002, Florida Statutes, including incarceration as a possible penalty for violating that Statute as distinguished from violating the Ordinance. 2. This Ordinance is proposed to be amended to clarify that the Collier County Sheriff's Office is authorized to continue to administer Collier County's "Wrecker Operator System." A judicial decision styled Rebel Enterprise AGENDA ITEM~"~ NO. - JAN 2 7 200 / Pg. Beach Sheriff at al, 299 F.3d 1261 (July 21, 2002), decided that crimes specified in Section 323.002, Florida Statutes, (including so-called "wreck chasing") could not be enforced in Palm Beach County because the Palm Beach County Board of County Commissioners did not adequately specify that Palm Beach County's "Wrecker Operator System" was to be operated and administered by the Palm Beach County Sheriff's Office. Although staff believes that Collier County's current Ordinance is sufficient with regard to this issue, staff proposes to proactively amend the Ordinance to discourage assertions to the contrary. 3. Some vehicle towing companies that are subject to this Ordinance may be charging unauthorized fees or charges. This Ordinance is proposed to be amended to clarify that in the context of non-consent towing and non-consent storage, towing companies shall charge an "administrative charge" only as follows: If the vehicle has not been stored for thirty (30) hours or more, the administrative charge shall not exceed the direct administrative costs actually paid by the towing company to third parties. If the towed vehicle is stored for thirty (30) hours or more, the towing company can charge an additional administrative charge not to exceed thirty ($30) dollars. Other amendments clarify that towing companies shall not charge for mileage traveled out to the location of the vehicle to be towed except when the vehicle anticipated to be towed is not towed by the responding towing company. FISCAL IMPACT: These proposed amendments have no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with any of the proposed amendments to this Ordinance. RECOMMENDATION: The Collier County Sheriff's Office recommends, and the Sheriff's Legal Counsel and the County Attorney concur, that the Board adopt the attached Ordinance to amend the Collier County's Maximum Fees for Non- consent Towing and Non-consent Storage of Vehicles Ordinance. PREPARED BY: APPROVED BY: Th~mas~ (~. ~almer, Assistant County Attorney E~avid C. Weigel, Counffjf4~,ttor y Date: JAN27200i I ORDINANCE NO. 2004 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 99.38, THE COLLIER COUNTY MAXIMUM FEES FOR NON-CONSENT TOWING AND STORAGE OF VEHICLES ORDINANCE; AMENDING SECTION FOUR TO CLARIFY THAT VEHICLE TOWING COMPANIES, WHEN ENGAGED IN NON-CONSENT TOWING OR NON-CONSENT STORAGE, SHALL NOT CHARGE ANY ADMINISTRATIVE CHARGE OR FEE UNLESS THE TOWING COMPANY ACTUALLY INCURS SUCH COST AS A DIRECT EXPENSE AND PAYS THAT EXPENSE; AMENDING SECTION SIX REGARDING THE COUNTY'S WRECKER OPERATOR SYSTEM AND CLARIFYING PENALTY PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, this Ordinance applies only to non-consent towing and non-consent storage pursuant to the Sheriff's rotation schedule; and WHEREAS, this Ordinance affirms that Collier County, by and through the Collier County Sheriff's Agency, since 1999 has been authorized and continues to be authorized to continue to operate and administer a "Wrecker Operator System" as defined in Subsection 323.002(1)(c), Florida Statutes, and WHEREAS~ Subsection 125.69(1), Florida Statutes, provides that when violations of county ordinances are prosecuted by the prosecuting attorney in the name of the State, such violations are to be prosecuted procedurally as nfisdemeanors are prosecuted; and WIIEREAS, Section 775.083, Florida Statutes, specifies that an individual who has been convicted of a non-criminal violation of a county ordinance shall not be incarcerated, and that incarceration is an authorized penalty for violation of an ordinance only when thc ordinance violation is a misdemeanor pursuant to Florida law; and WHEREAS, if i: ~- ~tion is even a possible penalty for violating an ordinance, all element ..... ordinance violation must be proven by the relatively hard to prove standard of proof called "proof beyond a reasonable doubt"; and WHEREAS, because this Ordinance specifies that incarceration is not even a possible penalty for any violations of this Ordinance, all such violations need to be proven by the relatively easier to prove civil standard of proof called "preponderance of the evidence"; and WHEREAS, some acts committed by unauthorized wrecker operators (as those acts are defined in Section 323.002, Florida Statute) are violations of that Statutory Section and incarceration is a possible penalty for such violations of the Statute as distinguished from violations of the Ordinance, and AGENDAh;o. ITEM?_Q.~ JAN 2 7 200 WHEREAS, this Ordinance does not and cannot affect Section 323.002, Florida Statutes, including that incarceration is a possibly penalty for violating that Statute as distinguished from violating this Ordinance; and WHEREAS, some towing companies subject to this Ordinance may have charged labor charges, mileage charges and "administrative charges" that are prohibited by this Ordinance; and WHEREAS, this Ordinance is proposed to be amended to clarify that the above described unauthorized, labor charges, administrative charges and mileage charges are prohibited by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The first paragraph in Section Four of Collier County Ordinance No. 99-38 is hereby amended to read as follows: Section Four: MAXIMUM RATES FOR TOWING. Limited to the specific towing operation and/or storage: this Ordinance does not limit pass-through of any a~tditional towing and/or storage related fees or charges required or attthorized by law xvhich then supercedes this Ordinance. This Ordinance does not limit pass-through of any fee or charge incurred ov and actually paid by the towing company for service(s) from provided by the Sheriff's Agency and/or any other governmental entity, or from provided by sole proprietor(s) or private entities, provided those services, in the reasonable judgment of the towing company, were necessary to lawfully and safely tow that vehicle on that occasion, and continuing until the vehicle is either stored at its fh:st storage destination or is lawfully transferred into actual or constructive custody of another person or entity. Also, limitcd to thc spccific towing operation and/or storage, and whether or not thc towcd vchiclc is stored at the towing company's storaae facility for thirty (30) consecutive hours or more, this Ordinance does not affect any then existing rights of the towing company to recover f~mr~a~v~ .... *;"' all costs actually paid by the towin,o company for filing any form(s), taking any legal action(s), and/or an3, othc. i z~b3~an~ally simil~ direct costs. Provided the towed vehicle is stored at the towing company's storage facility for thirty (30) consecutive hours or more, the towing company may charge an additional administrative charge (fee) not to exceed thirty (30) dollars. There shall be no charge for any labor that occurs, nor any mileage that occurs, before th,, towing vchicle arrives at the location of the vehicle to be towed unless the vehiclv~ expected to be towed is not towed by the responding towing company, in which event a mileage charge not to exceed $1.50 per riffle can be charged based the total mileage traveled by the towing vehicle responding to the call out afte, subtracting the first ten (10) traveled miles. The mileage must be measured from the svot from where the towing vehicle commences the trip and travels the most direct route out to the location of the vehicle to be towed. Underline__d text is added; strazk thru text is deleted AGENDA ISEM~ NO. V/ JAN 2 7 200/f 2 Pg.- z'7/ SECTION TWO: Section Six of Collier County Ordinance No. 99-38 is hereby amended to read as follows: Section Six. WRECKER OPERATOR SYSTEM; PENALTIES AND ENFORCEMENT. A. Each violation of this Ordinance shall be subject to the maximum fine and/or penalties as then specified in the law under which that enforcement action is based, including when prosecuted as a non-criminal violation in the name of the state by the prosecuting attorney, the prosecution shall be prosecuted in the same manneri procedurally, as misdemeanors are prosecuted, pursuant to Section 125.69, Florida Statutes3._ Each person who is found to have violated this Ordinance may be subject to a fine not to exceed $500 for each violation of this Ordinance. No individual shall be incarcerated for any violation of this Ordinance. This Ordinance may be enforced by the Florida Highway Patrol. or by the Collier County Sheriff's Agency, or by Code Enforcement Officers pursuant to Part II of Chapter 162, Florida Statutes, as if a misdemeanor ~:n~vr 775.052~, F!(~ric!,~ gtatme~, or pursuant to any other provision of law incorporated by reference into Section 1-6 of Collier County Code of Laws and Ordinances on the date of the violation. This Ordinance does not affect any proceeding regarding any violation of Section 323.002. Florida Statutes, including the possible penalty of incarceration for violation of that Statute. B. Notwithstanding imposition of any other penalty or penalties by the County or by any other entity, three (3) or more separate incident intentional violations committed by the same towing company within any three hundred and sixty (360) day time period of time is per se sufficient basis for forfeiture of that towing company's and/or storage company's Collier Count>' occupational license applicable to thc occupationally licensed location, where, or out of which, the respective intentional violations occurred. C. This Ordinance authorizes, but does not mandate, the Collier County Sheriff's Agency to operate and administer the County's Wrecker Operator System. Pursuant to Section 323.002. Florida Statutes, The Sheriff's Wrecker Operator System is to be operated and administered as specified in Florida Statutes. including apportioning assignments among eligible wrecker operators by geographic zones in unincorporated Collier County, by a rotation schedule, or b.y any combinations thereof. The Sheriff's Agency may amend such policies xvithout further authorization from the County provided the policy, as amended, does not conflict with this Ordinance, including towing and storage rates, fees and charges.. This Ordinance does not affect the Sheriff's discretion regarding disciplining, controlling, removing or suspending any towing company. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion. Underlined text is added; struck tkp.: text is deleted AGENDA ~ NO.. JAN 2 7 2OOq SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that the ordinance has been filed with Florida's Secretary, of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Donna Fiala. Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney JAN 2 ? 200t Pg' ~ EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AND ADOPT AMENDMENTS TO THE COLLIER COUNTY ETHICS ORDINANCE NO. 2003-53. OBJECTIVE: For the Board of County Commissioners to consider and adopt amendments to the Collier County Ethics Ordinance No. 2003-53. CONSIDERATIONS: On September 23, 2003, at the hearing in which the Collier County Ethics Ordinance, Ordinance No. 2003-53, was adopted, several members of the Board requested that additional amendments be brought back to the Board for its consideration. The amendments requested by the Board members at that hea~-ing included: (1) the provision of a specific definition for "County Employee" as that term is used in the Collier County Ethics Ordinance; and (2) specific definitions for the terms "Procurement Employee" and "Reporting Individual". In addition, the Board suggested that it be made clear in the Ordinance that public servants, i.e., Commissioners as well as County employees and certain advisory board members, could not engage in other employment or economic activity if such other employment or economic activity would create a conflict of interest. Finally, Commissioners requested that it be made clear that an individual could be a "lobbyist" under the terms of the Ordinance if he or she received any compensation, not simply direct compensation, for a lobbying activity. The requested amendments to the Collier County Ethics Ordinance, Ordinance No. 2003-53, are identified in attached Exhibit A by language that is either underlined to signify an addition or language that is stricken to signify a deletion. Attached as Exhibit B to this Executive Summary is the proposed Ordinance amending Ordinance No. 2003-53 without any underlining or stricken language. It should also be noted that a proposed additional provision has been added to the exception from the term "gift" under the Ordinance. This proposed additional exception to the term "gift" as used in the Ethics Ordinance is intended to clarify confusion over situations where public servants attend business meetings or business activity and are offered a drink such as a cup of coffee or a small item of food such as a donut, FISCAL II~IPACT: There is no known fiscal impact associated with this nrol~osed Ordinance amending the County Ethics Ordinance. GROWTH MANAGEMENT IMPACT: There is no known growth management impact associated with this proposed Ordinance amending the County Ethics Ordinance. RECOMMENDATION: That the Board consider and adopt the amendments to the Collier County Ethics Ordinance, Ordinance No. 2003-53, as shown in Exhibit A to this Executive Summary and authorize the Chairman to execute the amending Ordinance. Michael W. Pettit, Chief Assistant County Attorney DATE: APPROVED BY: . JAN 2 7 200t ORDINANCE NO. 2004- .. AN ORDINANCE OF COLI.IER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNO~VN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POL1CY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALTIES; PROVIDLNG FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board previously adopted a Collier County Ethics Ordinance to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, in order to further the public's trust in their lc,cal govcmment~ and: WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen the Collier County Ethics Ordinance. NOW. THEREFORE. BE IT ORDAIN'ED BY THE CO~MMISSIONERS OF COLLIER COLrNTY, FLORIDA, that Ordinances of Colhcr County. Florida, shall read as follows: BOARD OF COUNTY the Code of Laws and SECTION ONE: TITLE AND CITATION Thi~ ©rr!i., ...... ~h:dl ~-~ known and cited as the "Collier County Ethics Ordinance." SECTION TWO: SCOPE ~is Ordinance shall apply to all public se~ts of the Collier County Bo~d of County Comssioners, which 'includes public officials, whe~er elected or appointed, and all county employees. SECTION T}~E: STATE~NT OF POLICY It is ~e public policy of Collier County that public secants work for the benefit of the citizens of Collier County. It is the responsibility of each public se~t to act in a m~ner that con~butes to ensuhng ~e public's ~st in its government. In p~icul~, m always be honest with the public they se~e, and to be good stew~ds of the t~ doll.s en~sted to them. To this end, an individual covered by this Ordinance sh~l (1) not use his or her position ~ a public se~t for unlawful g~n or e~chment, (2) avoid conduct that ~ves the appe~ance of or I impropriety in ~e peffo~ance of his her publ~c duties. ~d (3) not accept any items of value / if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Ordinance. SECTION FOUR: FINDINGS (a) The report submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998, by the Ad Hoc Ethics Standards Review Comrmttee ("Committee"), recommended the adoption of a local ethics code. (b) The Board finds that the legislative intent and declaration of policies set forth in Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county emplo3wnent restrictions in order to promote and protect the public trust in its local government. (c) Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part III, Florida Statutes. upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with Chapter 112, Part lll, Florida Statutes. (d) Section 125.69(1), Florida Statutes, provides, in pertinent pan, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this Ordinance is through local enforcement thereof. (e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance estabhshing post-employment restrictions for certain designated county employees. (f) The Board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to 2 - ACaE/~A ITl~M NO. ~ JAN 2 7 2004 preserve and maintain the integrity of the process and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-judicial boards. (g) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local registration process for lobbyists. The Board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The Board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section 112.3148, Florida Statutes. (h) The Board finds that more stringent requirements are needed with regard to the value of gifts that may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit, rather than $100.00 as set fo~h by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The Board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from anyone that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that pronimtions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by County human resources. (3) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Etmcst~tanuards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist se?arate and independent from the provisions of this Ordinance and Part m, Ch. 112, Florida Statutes. (k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free exercise AGENI~ r~r:M NO. ,~ Ix, JAN 2 7 20(~ of any citizen's constitutional fights, including, but not limited to, the right to petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEHNITIONS (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides other~vise. Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Adviso~ Board Public Vehicle Advisor)., Committee Utility Authority County Employee shall mean any employee of Collier County, regard]ess of whether th~, employee is ultimately supervised by the Board of County Commissioners, the County Manager, the County Attorney, the Airport Authority or the Executive Director of the Airport Authority. County Managerial Ernplovee shall mean the County Manager, Assistant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Ge shall have the definition contained in Chapter 112, Part ffl, Florida Statutes, with the following additions and exceptions: (I) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: AGENDA JTE"-'~'~'~ .o. JAN 2 ? 2OOtl Salary, benefits, services, fees, commissions, gifts, or expenses associated solely with the donee's non-countx employment, business, or service as an official or director of a corporation or organization. _However, for purposes of this exemption from the definition of "gift" in this Ordinance, public servants may only engage in such non-county employment or economic activity if: (1) such _non-county employment or economic activity does not create a conflict of interest as defined by Section 112.312(8), Florida Statutes, i.e., a situation in which regard. for a private interest tends to lead to disregard of a public duty or interest; and (2) all applicable county administrative procedures governing such non-county employment or economic activity are followed, Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no employee shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Food or beverage accepted when (i) offered free in the course of a professional or civic meeting or group function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said AGE~,~n ~ ,'~ No. JAN 2 7 200~1 meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities that are not currently in a contractual relationship or reasonably likely to seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. Gifts given for narticipation in a program, seminar, or educational conference xvhen such gifts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants in the program. An award, plaque, certificate, or similar personalized item of nominal commercial value given in recognition of the donee's public, civic, charitable, or professional service. A rate or terms on a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which am available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. _ Food or beverage items when offered as a customary courtesy to all attendees al any business meeting or business activity at which attendance by the public servant(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage item, - 6- NO._ . JAN 2 7 200~ would have g_reasonably estimated value of no more than $4.00 to any member of the consuming publi.c.~ By way of example, such food and beverage items may. include a cup of coffee, a soda~ b__ottled water, cookies or donuts. Lobbying shall mean, for ~ compensation: influencing or attempting to influence legislative or quasi-judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for direct compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (3) A person who registers with the Board as a lobbyist pursuant to this Ordinance. (4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicial branch· However, attorneys representing clients or interests in legislative matters, for d~rec~. compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. Nominal commercial Value means anything with a value of less than $50.00 in the marketplace. PrinctPal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist: Procurement Employee means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government. AGE. NDA ITEM _ NO._ JAN 2 1 Public Official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public Servant includes all public officials~ as dcfine~ aL.eve, and all .count~ employees ef thc. Board of Count/,, Commizsi~ne~. as defined in this Ordinance. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and half sister. Re ortm Individual means any indiwidual includin a candidate u on ualif 'n who is re_%q~ired bY_law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure t)f his__~.or her finan~cial interests or an~v individua____I_3vho has been elected [% but has ~.,et to officially assume the responsibilities of, public office. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: (1) A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the ~ift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes: a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, finn, employer or principal of a lobbyist; or another on behalf of the lobbyist or panner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: (1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, gift, gratuity, favor, food, enlenainment, loan, or any other thing of monetary value, from anyone who the public ofl'icial knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county dcpa]~ment or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially ~fected by the performance or non- performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. AGENDA JAN 2 7 Pg. { ~ (e) I'lo public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a girl to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a gift to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or commumty, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this paragraph prohibit public servants from participating in fund-raising activities for charitable purposes. (h) This section does not apply to items of value excepted out of the definition for a gift. SECTION SEVEN: LOBBYIST REGISTRATION (a) All lobbyists shall, before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall: register on forms prepared by the clerk; pay an annual registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. The registration shall be an annual registration and shall not require additional registration or amendment to the registration form by the lobbyist even if the lobbyist subsequently engages in lobbying for additional persons or entities. The purpose of the registration is merely to identify the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. However, pursuant to Section 112.3148, Florida Statutes, said registrant shall continue to appear on the list of lobbyists until the expiration of the time period set forth in said statute. In the event that the registrant neither withdraws nor re-registers, the registrant shall be placed on a 10- JAN2?200~- ! "lobbyist status unknown" list for a period of 12 months from the expiration of the annual registration. The registration fee of $25.00 is nonrefundable. (b) Annual registration shall be required and shall initially commence on March 22, 1999. Thereafter, annual registration shall occur on or after October 1, of each year. Registration by lobbyists shall occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from the list and a "lobbyist status unknown" list. (f) A registration form that is not renewed (along with payment of the $25.00 annual registration fee) by October 1 of each year, shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. 11- JAN 2 7 200t~ SECTION EIGHT: POST-EMPLOYMENT RESTRICTIONS (a) No county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining. (b) For a period of two years following vacation of office, resignation of employment, or termination of emplo)ment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. SECTION NINE: SU~PPLEMENTAL PRO¥ISIONS This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112. Part III, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any conduct or activity that is in violation of Chapter 112, Part llI, Florida Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter 112, Part Il/, Florida Statutes, the more restrictive/stringent provisions shall apply. It shall be the duty of each commissioner and of all county managerial employees and reporting individuals to become £amiliar with the Collier County Ethics Ordinance. To this end, the human resources director shall annually distribute to each such person a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Employees" (or similar Florida Cornrmssion on Ethics pubhcation) and a copy of this Ordinance. The specific duties set forth in this section of the Ordinance regarding familiarity ith the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in this Ordinance. SECTION TEN: PENALTIES Pursuant to Section 125.69, Florida Statutes, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed sixty (60) days or by both such fine and imprisonment. 12- JAN 2 ? 201~ pg._ SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53 Collier County Ordinance Number 2003-53, known as the Collier County Ethics Ordinance, is hereby amended as of the effective date of this Ordinance. SECTION TWELVE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, amending Collier County Ordinance Number 2003- 53. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .., 2004. ATYEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: , CHAIRMAN Approved as to frrm and"legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 13- AGENDA ITEM .o. JAN 2 7 20~ ORDINANCE NO. 2004-. AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2003-53 KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION; PROVIDING SCOPE; PROVIDING A STATEMENT OF POLICY; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING STANDARDS OF CONDUCT; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part [1~, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board previously adopted a Collier County Ethics Ordinance to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, in order to further the public's trust in their local government; and WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen the Collier County Ethics Ordinance. NOW, THEREFORE, BE IT ORDALNrED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the Code of Laws and Ordinances of Collier County, Florida, shall read as follows: SECTION ONE: TITLE AND CITATION This Ordinance shall be kn6wn and cited as the "Collier County Ethics Ordinance." SECTION TWO: SCOPE This Ordinance shall apply to all public servants of the Collier County Board of County Comrmssioners, which includes public officials, whether elected or appointed, and all county employees. SECTION THREE: STATEMENT OF POLICY It is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contr/butes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual covered by this Ordinance shall (1) not use his or her position as a public servant for unlawful gain or enrichment, (2) avoid conduct that gives the appearance of impropriety in the performance of his or her public duties, and (3) not accept any items of value I"°. il, I if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Ordinance. SECTION FOUR: FINDINGS (a) The report submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998, by the Ad }:loc Ethics Standards Review comnuttee ("Committee"), recommended the adoption of a local ethics code. Co) The Board finds that the legislative intent and declaration of policies set forth in Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county employment restrictions in order to promote and protect the public trust in its local government. (c) Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part m, Florida Statutes, upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with Chapter 112, Part m, Florida Statutes. (d) Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of county ordinances shall be prosecmeu m the same manner as misdemeanors are prosecuted. Such violations shall be pumshed by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more sa'i,,g,c,~t ~thical standards set forth in this Ordinance is through local enforcement thereof. (e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. (f) The Board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to AGENDA J.?,IEM 2- Mo._ .lAN 2 7 201~ preserve and maintain the integrity cf the process and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-.judicial boards. (g) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local registration process for lobbyists. The Board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The Board further finds that such a public regastration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section I 12.3148, Florida Statutes. (h) The Board finds that more stringent requirements are needed with regard to the value of ~fts that may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit, rather than $100.00 as set forth by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The Board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from anyone 'that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that prohibitions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by County human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part llI, Ch. 112, Florida Statutes. (k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free exercise JAN 2 ~ 20Ot~ L~Pg._ (-7 ~ 1 of any citizen's constitutional rights, including, but not limited to, the right to petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEFINITIONS (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part m, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Advisory Board Public Vehicle Advisory Committee Utility Authority County Employee shall mean any employee of Collier County, regardless of whether the employee is ultimately supervised by the Board of Count)' Commissioners, the Count)' Manager, the County Attorney, the Airport Authority or the Executive Director of the Airport Authority. County Managerial Employee shall mean the County M~na~er..a, sqiqtant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Girl shall have the definition contained in Chapter 112, Part [[I, Florida Statutes, with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: AGENDA ,[TLE M NO. -~ ',~__ JAN 2 7 20~ P~. [ 7;' .. Salary, benefits, services, fees, commissions, girls, or expenses associated solely with the donee's non-county employment, business, or service as an official or director of a corporation or organization. However, for purposes of this exemption from the definition of "gift" in this Ordinance, public servants may only engage in such non-county employment or economic activity if: (1) such non-county employment or economic activity does not create a conflict of interest as defined by Section 112.312(8), Horida Statutes, i.e., a situation in which regard for a private interest tends to lead to disregard of a public duty or interest; and (2) all applicable county administrative procedures governing such non-county employment or economic activity are followed. Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no employee shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Food or beverage accepted when (i) offered free in the course of a professional or civic meeting or ~oup function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said IAGE. t/DA ITEM JAN 2 7 meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities that are not currently in a contractual relationship or reasonably likely to seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. Gifts given for participation in a program, seminar, or educational conference when such gilts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants in the progam. An award, plaque, certificate, or similar personalized item of nominal commercial value given in recogmition of the donee's public, civic, charitable, or professional service. A rate or terms on a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which are available t'o similarly situated members of the public by virtue of occupation, affiliation, age, reli~on, sex, or national origin. Food or beverage items when offered as a customary courtesy to all attendees at any business meeting or business activity at which attendance by the public se.want(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage items No._ 6- JAN 2, 7 would have a reasonably estimated value of no more than $4.00 to any member of the consuming public. By way of example, such food and beverage items may include a cup of coffee, a soda, bottled water, cookies or donuts. Lobbying shall mean, for compensation: influencing or attempting to influence legislative or quasi-judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (3) A person who registers with the Board as a lobbyist pursuant to this Ordinance. (4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicial branch. However, attorneys representing clients or interests in legislative matters, for compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. Nominal Commercial Value means anything with a value of less than $50.00 in the marketplace. Principal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist. Procurement Employee means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government. AGFj,~O~ IT[M 7- No._' b- JAN 2 ? 200t~ Public Official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public Servant includes all public officials, and all county employees as defined in this Ordinance. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and half sister. Reporting Individual means any individual, including a candidate upon qualifying, who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are'enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: (1) A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such pers.on_ on behalf of AGE. NDA_IT~.M .o._ JAN 2 7 20~ pg. ~ a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or char/table organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: (I) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by ihe county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non- performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. 9- (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a gift to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this para~aph prohibit public servants from participating in fund-raising activities for charitable purposes. (h) This section does not apply to items of value excepted out of the definition for a gift. SECTION SEVEN: LOBBYIST REGISTRATION (a) All lobbyists shall, before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall: register on forms prepared by the clerk; pay an annual registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. The registration shall be an annual registration and shall not require additional registration or amendment to the registration form by the lobbyist even if the lobbyist subsequently engages in lobbying for additional persons or entities. The purpose of the registration is merely to identify the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. However, pursuant to Section 112.3148, Florida Statutes, said registrant shall continue to appear on the list of lobbyists until the expiration of the time period set forth in said statute. In the event that the registrant neither withdraws nor re-registers, the registrant shall be placed on a AGENI'~i ITFlY~ .o.. - 1o- JAN 2 7 200~ pg. "lobbyist status unknown" list for a period of 12 months from the expiration of the annual registration. The registration fee of $25.00 is nonrefundable. (b) Annual registration shall be required and shall initially corm'nence on March 22, 1999. Thereafter, annual registration shall occur on or after October 1, of each year. Registration by lobbyists shall occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from ,he list and a "lobbyist status unknown" list. (f) A registration form that is not renewed (along with payment of the $25.00 annual registration fee) by October 1 of each year, shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. 11- SECTION E1GItT: POST-EMPLOYMENT RESTRICTIONS (a) No' county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or terrmnation of employment, as applicable, except for the purposes of collective bargaining. (b) For a period of two years following vacation of office, resignation of employment, or terrmnation of employment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. SECTION NINE: SUPPLEMENTAL PROVISIONS This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112, Part m, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any conduct or activity that is in violation of Chapter 112, Part 111, Florida Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter 112, Part [II, Florida Statutes, the more restrictive/stringent provisions shall apply. It shall be the duty of each commissioner and of all county managerial employees and reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end, the human resources director shall annually distribute to each such person a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public EmpLoyees tot s~m~mr Florida Commission on Ethics publication) and a copy of this Ordinance. Thc specific duties set forth in this section of the Ordinance regarding familiarity with the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in this Ordinance. SECTION TEN: PENALTIES Pursuani to Secii0n 125.69, Florida Statutes, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, apon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed sixty (60) days or by both such fine and imprisonment. 12- AGFJ,InA IT ~.~i JAN 2 7 2OB~, SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53 Collier County Ordinance Number 2003-53, known as the Collier County Ethics Ordinance, is hereby amended as of the effective date of this Ordinance. SECTION TWELVE: CON-FLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, amending Collier County Ordinance Number 2003- 53. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2004. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: DEPUTY CLERK BY: Donna Fiala, CHAIRMAN Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 13- Executive Summary RECOMMENDATION TO APPROVE AN ORDINANCE ESTABLISHING AN ANIMAL SERVICES ADVISORY BOARD OBJECTIVE: To have the Board of Collier County Commissioners approve an ordinance establishing an Animal Services Advisory Board to assist the County's Domestic Animal Services Department. CONSIDERATION: An Animal Services Advisory Board, as a structured professional group, can make invaluable contributions to Collier County Domestic Animal Services (DAS). The old fashioned "Dog Catcher" has long since been replaced with "Professionals" who are responsible for the Health, Safety, and Welfare of this community as well as it's animals. Animal Control responsibilities have grown from simply impounding and housing stray animals. The modem day department is expected to have a broad knowledge in animal health and disease control, along with knowing the proper care and protocols for fatal zoonotic diseases that could affect the entire community if left unchecked. They are responsible for being aware of state and local laws relating to animals and are expected to be teachers and enforcement officers. They inspect, permit and regulate pet shops, groomers, and boarding facilities within our community to ensure proper animal care and the conditions animals are housed in are acceptable. In addition to all these added responsibilities, they must be proactive in solving the County's pet overpopulation problems. In April 2002, the National Animal Control Association summarized its evaluation of DAS by saying, "The agency is committed to improving the service delivery of Animal Control services to the citizens of Collier Ceunty. Eased upon the on-site analysis, the organization is currently performing at a level exceeding most Animal Control/Care agencies". There are a variety of ways to accomplish the Animal Control mission in any community. After the National Animal Control Association observed and evaluated DAS, recommendations for improving our services were developed. One of these recommendations was to establish an advisory board to assist in maintaining an open channel of communication for new ideas. DAS believes it is imperative to the success of our local program to stay on the cutting edge. Agen ~ ~I ~tem JAN 2 7 2004, Pg.~ Prior to bringing this item to the Board of County Commissioners a meeting was held January 6, 2004 to allow the public to review and make recommendations relating to this ordinance. The following recommendations were incorporated into the ordinance from that meeting: · Increase the Advisory Board from five members to seven members. · Addapositiontothe Boardspecificallyforan AnimalRightsGroupbasedin Collier County. · Add an additional position for another citizen at large. · Increase the required Board meetings from quarterly to monthly. There was also a desire voiced by some citizens to postpone the creation of the Advisory Board until the current investigation by Friends of Gummi has been completed. Staff does not believe t here i s a need t o postpone the creation o f t his Advisory Board. T he creation of the advisory board has no connection to the independent investigation being done by Friends of Gummi. Postponing the approval of this ordinance will only postpone the creation of a helpful tool dedicated to assisting the Collier County Domestic Animal Services Department in it's County wide mission. An Animal Services Advisory Board with experience in the areas of professional sheltering, veterinary care, law enforcement, retail pet industry, animal rights, along with citizens at large would benefit the community in the following manner: · A properly constructed advisory board with skills and knowledge relating to the responsibilities of the DAS department can assist in the efficiency and improvement of services to the community. · This Animal Services Advisory Board can draw upon the skills, information, and experiences of its members to assist DAS. · This advisory board can be used to evaluate, consider, and review programs, special events, and suggestions from the public. · This advisory board would act as a primary communication link between the community, Domestic Animal Services and the Board ef County Cv-'z'.-rn~.ss~.cners. The International City Manager Association (ICMA) defines Animal Control as: "A program that effectively treats the symptoms while seeking to eliminate the causes by compassionately using the tools of education and enIorcemen. The use of an Animal Services Advisory Board will assist Collier County in finding solutions to our pet problems together as a community. FISCAL IMPACT: There is minimal cost associated with an advisory board. will be covered by the Domestic Animal Services budget. Any cost Growth Management Impact: There is no growth management impact associated with this item. RECOMMENDATION: The DAS staff requests that the Board of County Commissioners approve the ordinance establishing an official Animal Services Advisory SUBMITTED BY: TE: ~ ~ arda-J. ~,)8lt~rfDir~ t~r - Dp'~aesti~al S~rvices APPROVED BY: john 05unnuc'k, Xdministrator Diviston of Public Services JAN 2 7 gO0/ / Pg ...... ~ ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI~DA, ESTABI. ZSHI~NG THE ANIMAL SERVICES ADVZSORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVZDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ATTENDANCE REQUIREMENTS AND TERMINATION FROM OFFICE; PROVIDING OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDI~NG FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW; PROVIDING FOR CONFI./CT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Animal Control Association conducted an evaluation of Domestic Animal Services, and recommends the establishment of an Animal Services Advisory Board to generate community involvement in animal services and related activities; and WHEREAS, it is the desire of the Board of County Commissioners to establish an Animal Services Advisory Board to assist the County's Domestic Animal Services Department in providing the best possible service to the community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation and Purpose. The Board of County Commissioners hereby establishes the Animal Services Advisory Board (the "Board") to generate community involvement in order to aid the Collier County Domestic Animal Services Department in providing the best possible services throughout Collier County. SECTION TWO: Appointment and ComposiUon. 1. The Board shall be composed of seven (7) members with experience including, but not limited to, the following: a. one (1) Collier County Humane Society representative; b. one (1) veterinarian or veterinarian technician; c. one (1) County law enforcement representative; d. one (1) citizen in the pet retail, boarding or grooming industry; e. one (1) representative from an animal rights group based in Collier County; and f. two (2) citizens at large. 2. Members shall be appointed and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. 3. Appointment of members shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. A g en<d~ Item No._J__ ~/ JAN 2 7 200 SECTZON THREE: Terms of Office. The initial terms of office of the Board shall be as follows: 1. Three (3) members shall serve a term of four (4) years. 2. Two (2) members shall serve a term of three (3) years. 3. Two (2) members shall serve a term of two (2) years. Therealter, each appointment or reappointment shall be for a term of four (4) years. All appointments shall be in accordance with Collier County Ordinance No. 2001-55, the Collier County General Advisory Boards' Ordinance, as it may be amended or by its successor ordinance. Appointments to fill vacancies on the Board shall be for the unexpired term of office. SECT]:ON FOUR: Attendance Requirements; Termination from Office. Any member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. Board member attendance requirement, !nc!uding failure to attend meetings and removal from office are governed by Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTTON FIVE: Officers; (~uorum; Rules of Procedure. 1. Annually, the membership of the Board shall elect a Chairman, Vice Chairman, and Secretary from among the members. Officers' terms shall be for one (1_) year with eligibility for reelection. 2. The Presence of four (4) or more members shall constitute a quorum of the Board necessary to take action and transact business. In addition, an affirmative vote of 4 or more shall be necessary in order to take official action. 3. The Board shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and ~c'~c,.:.;..~L,..~. Ca~ies of a',l Board minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Functions, Powers and Duties. The Board shall hold meetings monthly, unless otherwise stated. The functions, powers and duties of the Board shall he ~s follows: a. To make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. To analyze and review construction and improvements to Domestic Animal Services facilities and to make recommendations to the Board of County Commissioners regarding such facilities. The conduct of all meetings of the Board shall be in accordance with the Government/n the Sunsh/ne lVanual and Roberts Rules of Order. Agend~ Item "°°% JAN 2 7 2O0/, Pg' "~ SECTION SEVEN: Reimbursement of Expenses. Members of the Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: Review. In accordance with Ordinance No. 2001-55, as it may be amended or by its successor ordinance, the Animal Services Advisory Board shall be reviewed every four (4) years, commencing in 2008. SECTION NINE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, if any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TEN: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECT[ON ELEVEN: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2004. AFl'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk , Chairman Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney HWP/kn:h;public;kay; ordinances Agen ~[a~ Item No. O~_ JAN 2 7 200 , EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE 3 VACANCIES ON THE PUBLIC VEHICLE ADVISORY COMMITTEE (PVAC) OBJECTIVE: To declare 3 vacancies on the PVAC and to direct staffto issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at aH meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shah be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent fi.om two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review thc Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached are 3 letters from the Vice Chairman of the committee requesting that the Board of County Commissioners declare 3 vacancies as follows: Patricia M. Baisley is currently serving as an Attiliated member and no longer qualifies as affiliate, Nickolas Whitney (Affiliated) has exceeded ntanber of unexcused absences; and Eric Hyde (Non-Affiliated) has exceeded number of unexcused absences. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE Prepared By: RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare 3 vacancies on the PVAC and direct staffto issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the positions vacant. .... AGENDA ITEM Sue Filson, Executive Manager Board of County Commissioners JAN 2 ? RECEWED JAN 1 ~1 200~ Boar~ of County Commissioners COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 2800 N. Horseshoe Dr. · Naples, Florida 34104 · (239) 403-2440 · FAX: (239) 403-2343 January 9,2004 Collier County Board County Commissioners 3301 East Tamiami Trail Naples, Florida 34114 Subject: Request for Removal of PVAC Member Eric Hyde Dear Commissioners: Please accept this letter as a formal request from the Public Vehicle Advisory Committee (PVAC) to remove Mr. Eric Hyde, as a member of said committee. He has had several unexcused absences exceeding the limited noted in Ordinance No. 93-15. The Committee is made up of 5 members and it is imperative that all members make every effort to attend the meetings so business can be conducted in a timely manner. Your assistance in this matter is greatly appreciated. Sincerely//~. L-~c~r~t';"Vib, e Chairman Public Vehicle Advisory Committee AGENDA~[TF.,,M NO.__ JAN 2 7 P~ .... COLLIER COUNTY CODE ENFORCEMENT~r4 ~(~o~t) co.~issioo~-- COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 2800 N. Horseshoe Dr. · Naples, Florida 34104 · (239) 403-2440 · FAX: (239) 403-2343 January 9,2004 Collier County Board County Commissioners 3301 East Tamiami Trail Naples, Florida 34114 Subject: Request for Removal of PVAC Member Nick Whitney Dear Commissioners: Please accept this letter as a formal request from the Public Vehicle Advisory Committee (PVAC) to remove Mr. Nick Whitney as a member of said committee. He has had several unexcused absences exceeding the limited noted in Ordinance No. 93-15. The Committee is made up of 5 members and it is imperative that all members make every effort to attend the meetings so business can be conducted in a timely manner. Your assistance in this matter is greatly appreciated. Sincerely, ./? / ~/~ri~e~r~man Public Vehicle Advisory Committee JAN 2 ? 200~ pg. J , RE. CEIVF--D JAN 1 ~ 200~t County Commissioners COLLIER COUNTY CODE ENFORCEM of COblMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 2800 N. Horseshoe Dr. · Naples, Florida 34104 * (239) 403-2440 · FAX: (239) 403-2343 January 9,2004 Collier County Board County Commissioners 3301 East Tamiami Trail Naples, Florida 34114 Subject: Request for Removal of PVAC Member Patricia Baisley Dear Commissioners: Please accept this letter as a formal request from the Public Vehicle Advisory Committee (PVAC) to remove Patricia Baisley, as a member of said committee. Mrs. Baisley was appointed as an affiliated member and has since sold the associated Taxi business. The Committee is made up of 5 members and a minimum of 2 positions must be certificate holders of a vehicle for hire business. It is imperative that members of the committee represent the Public Vehicle Board, as intended, in the governing ordinance so business can be conducted in a timely manner. Your assistance in this matter is greatly appreciated. ¢~%ncerely~/ I 'dD'an Sc-h-finer, Vice Chairman Public Vehicle Advisory Committee A C~NDA IT, EM JAN 2 7 2C0 Pg' ~ -- Name Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. Dan Shriner 11/13/01 09/02/05 P.O. Box 770273 272-8361 Naples, FL 34107 District: 1 Category: Non-Affiliated Mr. William J. Csogi 10/26/99 09/02/00 202 Woodshire Lane 435-1157 08/01/00 09/02/04 Naples, FL 34105 District: 4 Category: Non-Affiliated Ce,~,,~.~ Ms. Patricia M. Baisley 262-1312 06/08/93 09/02/96 2725 70th Street, S.W. 649-0468 10/10/00 09/02/04 Naples, FL 34105 District: 3 Category: Affiliated r(,'"~Mr' Nickolas Whitney 455-5555 09/24/02 09/02/04 732 Lambton Lane 348-7776 Naples, FL 34104 District: 3 Category: Affiliated Fc~"~'~-.~ Mr. Eric N. Hyde 594-6017 05/23/00 09./02/04 548 Ibis Way 513-9311 11/13/01 09/02/05 Naples, FL 341 ~ n District: 2 Category: Non-Affiliated Mr. Allen B. Waiburn 11/13/01 09/02/04 925 8th Avenue South 263-8833 Naples, FL 34102 District: 4 Category: Non-Affiliated/ALTERNATE 4 Years I Year 4 Years 3 Years 4 Years 2 Years 4+ Years 4 Years 3 Years lVednesday, September 25, 2002 Page 1 of 2 Public Vehicle Advisory Committee Naln~ Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member and I alternate member was created by Ord. No. 86-4, re-established by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of no more than 3 members who hold Certificates to Operate a motor vehicle for hire company in Collier County and no fewer than 2 and the remainder of the members are in no way affiliated or associated with any holder of a certificate. Terms are 4 years. FI. STAT Staff.. Michelle Arnold, Code Enforcement Director: 403-2413 Wednesday, September 25, 2002 Page 2 of 2 ~an l~ U4 ll:21a Patri¢ia Baisle~ 941-~$9-1B54 pol PATRICIA M. BAISLEY 2725 70TH STREET SW NAPLES, FLORIDA 34105 (239) 649-0468 1/16/04 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Fiodda 34112 Attn: Sue Fiison Re: Public Vehicle Advisory Committee Ms. Filson: I am writing this letter as a follow up to the January 5, 2004 meeting of the Public Vehicle Advisory Committee. During that mccfing it was indicated by Code Enforcement staff that I would no longer be able to have my seat on the PVAC because my company had bccn sold and I was no longer a certificate holder. Although there was a public vacancy on the board I was not afforded the same courtesy as other board members had been in the past to assume the public position. In the past members have moved from one position to the other without reapplying. ! was informed that I would need to reapply. ! have served on this board for many years and would have thought that ! would have been afforded the same courtesy as others. Sincerely, Patdcia M. Baisley CC: Collier County Attorney Code Enforcement P~. ~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To confrrm the appointment of 1 member, with the term expiring on May 22, 2007 to the Collier County Coastal Advisory Committee. CONSIDERATIONS: This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet d.vnamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. A letter dated January 12, 2004 was received from A. William Moss, Marco Island City Manager requesting the confirmation of Councilman Arceri to the Collier County Coastal Advisory Committee representing the City of Marco Island. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, confirm the appointment of Councilman Arceri, and direct the County Attorney to prepare a resolution confu'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 27, 2004 AGENDA ITEM NO. qt5 JAN 2 ? Pg. January 12,2004 Mr. Ron Hovell, Project Manager Public Works and Engineering Department Collier County Government 3301 East Tamiami Trail, Building H Naples, Flodda 34112 Re: Coastal Advisory Committee Dear Mr. Hoveli: On December 1, 2003 City Council discussed pending beach policies under review by the Board of County Commissioners. During the meeting Councilman Arced advised that he had been asked by the County Manager and by one or more Commissioners to continue his service on the Coastal Advisory Committee. You will recall that Councilman Arced previously submitted his resignation from the CAC. The Marco Island City Council acknowledged and concurred with the County Administrator's request that Councilman Arced continue to serve on the CAC as one of the three representatives from Marco island. This matter was again discussed by City Council on January 5, 2004 and City Council reconfirmed its desire that Councilman Arced serve on the CAC as one of Marco Island's three representatives. Please accept this letter as Marco Island's recommendation for appointment to the CAC. Whether the ~County Manager and the Board of County Commissioners are able to accept Cou '-, ~n Arced's desire to rescind the resignation letter or whether reappoinlment ~. ,,. aired is Collier County's prerogative, of course. Should it be .deemed necessary to reappoint Councilman Arceri, we respectfully request that this reappointment be made as expeditiously as possible. Sincerely, A. William Moss City Manager cc: City Council $0 tMIJ E~,sle Drl.e, ~L~.-,=o l.L~n~l, FloriJ~ 5414,5 (239) 389-5000 FAX (239) 389-4359 2 7 200 pg. ;Z. Collier County Coastal Advisory Committee Name Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 District: 2 Category: Collier County Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 649-6555 05/22/01 05/22/05 4 Years Mr. David A. Roellig 6000 Pelican Bay Boulevard, #504 Naples, FL 34108 District: 2 Category: Collier County Mr. John P. Strapponi ~-z'~,%~'*°lto~ 589 St. Andrews Boulevard ,.&.~t Naples, FL 34113 District: 1 Category: Collier County 594-2210 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 775-2882 05/13/03 05/22/07 4 Years Mr. James L. Snediker 3000-417 Royal Marco Way 642-3566 Marco Island, FL 34145 District: 1 Category: Marco Island Mr. John A. Arced '~~J~" ',un-~u~2 1228 Lamplighter Court I~.~ 394-8852 Marco Island, FL 34145 District: 1 Category: Marco Island 05/22/01 05/22/05 4 Years 02/11/03 05/22/07 3+ Years Mr. Bedford H. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Marco Island [gednesday, May I¥. 2003 394-3089 02/11/03 05/22/04 Page 1 of 3 1 Year Name Collier County Coastal Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate ret m 2nd Term Mr. William Otto Kroeschell 272 Mooring Line Drive 262-6639 Naples, FL 34102 District: 4 Category: City of Naples Mr. Ronald M. Pennington t 3430 Gulf Shore Blvd., N., Unit~2~0F'°S'*2~6-~935 Naples, FL 34103 District: 4 Category: City of Naples Councilman Gary Galleberg fief'o*j 213-1015 735 Eighth Street, South Naples, FL 34102 District: 4 Category: City of Naples 05/22/01 05/22/04 3 Years 05/22/01 05122/03 2 Years 05/13/03 05/22/03 4 Years 05/22/01 05/22/05 4 Years IVednesday, ,}lay 14, 2003 Page 2 of 3 JA?I 2 7 200q Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Toudst Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The ccmmittee is composed of 3 members from the unincorporated area of Collier County, 3 membem from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demons~ated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 yearn. FL ETA T Staff.. Ron Hovell, Project Manager, PUED: 530-5342 ~Vednesday, May 14, 2003 Page 3 of 3 AGENDA..[.T~M JAN 2 7 200 pg. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY CO MITTF. E OBJECTIVE: To appoint 2 members to 3-year terms, expiring on March 3, 2007, to the Bayshore/Avalon Beautification MSTU Advisory Committee. CONSIDERATIONS: The Bayshore Avalon Beautification MSTU Advisory Committee has 2 terms expiring on March 3, 2004. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. The terms for Maurice Gutierrez and Bill L. Neal will expire on March 3, 2004. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Maurice Gutierrez-re-appt Bill L. Neai - re-appt Resident Resident 4 Yes Bayshore/Avalon Committee 4 Yes Bayshore/Avaion Committee COMMITTEE RECOMMENDATION: Maurice Gutierrez- Re-appointment Bill L. Neal - Re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. PreparedBy: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 27, 2004 ^OENDA rr£M NO._ JAN 2 7 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Operations Date: January 15, 2004 Subject: Bayshore Beautification MSTU Advisory Committee The Bayshore Beautification MSTU, at their regularly scheduled meeting on January 14, 2004 at 4:00 p.m. at 2705 S. Horseshoe Drive voted to recommend Maurice Gutierrez and Bill Neal for membership renewal. The committee also determined that member Ed,;-,ad McCarthy missed more than 50% of the 2003 meetings disqualifying him from membership as stated in Ordinance 86-41 section Eight: "Attendance Requirements,' cc: Diane B. Flagg, Director, Traffic Operations and Alternative Transportation Modes Transportation Services Division Traffic Operations & Alternative Transportation Modes AGEND.~FEM NO. Nfl, JAN 2 7 7.23zt Bayshore/Avalon Beautification MSTU Advisory Committee N~me Mr. Edmund J. Mc Carthy 3760 Haldeman Creek Drive Naples, FL 34112 District: 4 Category: Resident :l?Mr. Thomas L. Weistead 3762 Haldeman Creek Drive Naples, FL 34112 District: 4 Category: Resident Mr. Thomas E. Finn 3524 Windjammer Circle Naples, FL 34112 District: 4 Category: Resident Mr. Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 District: 4 Category: Resident Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Resident Vfork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 06/25/02 03/03/05 2 + Years 793-5213 732-1917 793-2085 11/27/01 03/03/05 3 Years 03/11/03 03/03/06 3 Years 263-0572 08/03/99 03/03/00 8 Months 774-7022 02/22/00 03/03/04 4 Years 03/03/98 03/03/00 2 Years 774-6325 0222/00 03/03/04 4 Years IVednesday, March 12, 2003 Page 1 of 2 A~A ITEM NO. JAN 2 7 200q p~. Bayshore/Avalon Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watedng facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL STAT 125.01 Staff.- Bob Petersen, Transportation Services: 774-8494 Wednesday, :}larch 12, 2003 Page 2 of 2 JAN 2 1 200~ MEMORANDUM DATE: December 15, 2003 TO: FROM: Elections Office r~ Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/AVALON BEAUT MSTU COMMISSION DISTRICT Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 Bill L. Neal 3839 Clipper Lane Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: December 15, 2003 Bob Petersen, Landscape Engineer II Transportation Department ~, Sue Filson, Executive Manage Board of County Commissioners Bayshore/Avalon Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 Bill L. Neal 3839 Clipper Lane Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary [br the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ^GF-NO6 rmM NO. e. _ FROM : A1DHELPME FAX NO. : 2139197 D~¢. 05 2005 05:55PM Pi 1173 Industr(al blvd. Naples, Fl, 34104 941-263-0572/Fax; 941-775-3517 Sue Filson From: Maudce Date: 12J~/2003 Bayshore MSTU Fa~c 774-3~32 · Comments: Please ~ this fax as my request to cont~ue on the Bayshore MSTU advisory board for an add~onal term. As I mentioned, Bill Neal and I are the only 2-remaining members with histor7 as odginaJ board members and for reasons of cor~nuity I w~uld like to remain as a board member. Maudoe Gutierrez JAN 2 7 Board of County Commissioners 3301 East Tamiami Trail Naples~ FL 34112 ~ (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: x~ IL /--- ~/~c_.~rL-- Home Phone: ~7~/~ Homenddress: ~.~c~ CL/~Tf~/~ /~i~ ZipCode: Fax No. Business Phone: Business: ~ TI ~_~ Board or Committee Applied for: ~>I~'/E~ e-mail address: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier Coun~: Yes ~ Do you currently hold public office? Yes If so, what is that office? No No Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the cojnmittees/boards: '~-~oCT-I ~//7' ~ ~p,-Y$14~---/C~TE.a.,~ Y 7'~',~,.~E~_z..~. ~ Prat/, c_o~t . No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: L~I t ~ D$~/L ~4~ ~/"-- ~r~ Experience: ~'~-¥$'1,~47. /q/~ST'L) ~/n~C.~ /A/~,ag~J ~ ~Ma~od9 ~- Please attach any additional information you feel pertinena This application should be forwarded to Sue Filson = ...... .-.- a,._~_~. ,~ ~h. Board of Coun~ Commissioners, 3301 East Tamiami Trail, Naples, I~L 34112. If you wish, plemse fax your application to (941)774-3602 or e-mail to suel~lson~colliergov, ne~ Thank you for volunteering to serve the citizens of Collier Count. EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To declare a vacancy on the Bayshore/Avalon Beautification MSTU Advisory Committee and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary tbr the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shalt promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shah review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. A memo dated January 15, 2004 was received from statl' adWsing that the Bayshore/Avalon Beautification MSTU Advisory Committee members determined that member Edward McCarthy missed more than 50% of the 2003 meetings. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Bayshore/Avalon Beautification MSTU Advisory Committee and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commi~ioners direct the County Attorney to prepare a resolution declaring the positions vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners JANUARY 27, 2004 Date: J .N 2 7 200q To: Memorandum Sue Filson, Executive Manager Board of County Commissioners From: Bob Petersen, Project Manager Landscape Operations Date: January15,2004 Subject: Bayshore Beautification MSTU Advisory Committee The Bayshore Beautification MSTU, at their regularly scheduled meeting on January 14, 2004 at 4:00 p.m. at 2705 S. Horseshoe Drive voted to recommend Maurice Gutierrez and Bill Neal for membership renewal. The committee also determined that member Edward McCarthy missed more than 50% oftbe 2003 meetings disqualifying him from membership as stated in Ordinance 86-41 section Eight: "Attendance Requirements" cc: Diane B. Flagg, Director, Trathc Operations and Alternative Transportation Modes Transportation Services Division Traffic Operations & Alternative Transportation Modes Bayshore/Avalon Beautification MSTU Advisory Committee Name Mr. Edmund J. Mc Carthy 3760 Haldeman Creek Drive Naples, FL 34112 District: 4 Category: Resident Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 793-5213 06/25/02 03/03/05 2 + Years y~'Mr. Thomas L. Welstead 3762 Haldeman Creek Drive Naples, FL 34112 District: 4 Category: Resident 732-1917 11/27/01 03/03/05 3 Years Mr. Thomas E. Finn 3524 Windjammer Circle Naples, FL 34112 District: 4 Category: Resident 793-2085 03/11/03 03/03/06 3 Years Mr. Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 District: 4 Category: Resident 263-0572 08/03/99 03/03/00 8 Months 774-7022 02/22/00 03/03/04 4 Years Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Resident 03/03/98 03/03/00 2 Years 774-6325 0222/00 03/03/04 4 Years Page 1 of 2 AGENi~ IT~F=.M Bayshore/Avalon Beautification MSTU Advisory Committee Sttmg VYork Phone Appt'd ~ Date Term Home Phone DateRe-appt 2nd_F-xpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautificatior~ and maintenance of other areas within the MSTU. Members will prepare and recommer~d an itemized budget to the Board of County Commissionem. Members must be permanent residents or owners of commercial property within the MSTU. FL STAT 125.01 Staff: Bob Petersen, Transportation Services: 774-8494 Page 2 of 2 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to 3-year terms, expiring on February 11, 2007, to the Land Acquisition Advisory Committee. CONSIDERATIONS: The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eeo-tourism or environmental education. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for John E. Carlson, Michael Delate, and Marco A. Espinar will expire on February 1 I, 2004. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY I)IST ELECTOR ADV. COMM. Marco A. Espinar re-appt Environmental; Ag;Civic;Ecology 4 Yes Land Acquisition; DSAC John E. Carlson re-appt Environmental;Ecology;Conservation 5 Yes Land Acquisition; EAC; Lake Trafford Restoration Task Force Michael J. Delate re-appt Environmental;Civic;Conservation 2 Yes Land Acquisition Georgeann Portokalis Civic; Conservation 2 Yes None COMMITTEE RECOMMENDATION: Marco A. Espinar - Re-appointment John E Carlson - Ro-np?~intment Michael J. Delate - Re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners JANUARY 27, 2004 AGENDA ITEM ' NO. ~ JAN 2 7 2OOl Memorandum To: Cc: From: Date: Subject: Sue Filson, Executive Manager, Board of County Commissioners Bill Lorenz, Director, Environmemal Services Department Alexandra J. Sulecki, Coordinator, Conservation Collier Program January 16, 2004 Recommendations for Conservation Collier Committee appointments On January 12, 2004, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met at their regularly scheduled monthly meeting and discussed the appointment of three members to fill three upcoming vacancies for terms that will expire on February 11, 2004. After discussion about the four applications received, which included those for three currently serving members who had applied for re-appointment, a motion was made and seconded to recommend that the three existing members who had re-applied be retained for another term. This recommendation was based partly on the applicants qualifications and partly on a desire to have continuity for the Committee. The three existing members are Michael Delate Marco Espinar and Ed Carlson. The motion and second were unanimously approved. Please find attached a table identifying how each of the four applicants met the qualifications required for service on the. CCLAAC. AGENDA ,ITE....~ JAN 2 Environmental Services Department Community Development & Environmental Services Division q~ Land Acquisition Advisory Committee Name Work Phone Appt'd Exp. Date Term · Home Phone DateRe-appt 2ndEccpDate 2nd Term Mr. Willis P. Kriz 02/11/03 02/11/06 3 Years 770 Waterford Drive, #303 '732-1982 Naples, FL 34113 District: 1 Category: Environmental/Ag/Civic Ms. Ellin Goetz 643-0077 02/li/03 02/11/06 3 Years 439 3rd Avenue, North 263-6147 Naples, FL 34102 District: 4 Category: Agricultural/Business Environmental/Conservation Mr. Wayne Jenkins 352-3175 02/1 1/03 2500 Jenkins Way 455-6109 Naples, FL 34117 District: 5 Category: Civic/Conservation 02/11/06 Ms. Linda A. Lawson 59%3580 1770 Oakes Boulevard 591-3580 Naples, FL 34119 District: 3 Category: Env/Ag/Conservation/Real Estate Mr. William H. Poteet, Jr. 46,3_3&o,u 6180 Star Grass Lane 352-6822 Naples, FL 34116 District: 3 Cate. gory: Ag/Business/Conservation/Real Estate Ms. Kathy Prosser 403-4210 4757 Cerromar Drive 530-7705 Naples, FL 34112 District: ! Category: Environmental/Ecology/Conservation 02/11/03 02/! 1/03 02/11/05 027i i/05 02/1 1/05 3 Years 2 Years 2 Years 2 Years Thursdayl February 13. 2003 Page 1 of 2 ..... JAil 2 7 200zt Name Land Acquisition Advisory .Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. John E. Carlson 348-9143 333 i 1 st Avenue, N.W. 455-9445 Naples, FL 34120 District: 5 Category: Environmental/Ecology/Conservation Mr. Michael Delate 947-1144 574 100th Avenue North 592-9834 Naples, FL 34108 District: 2 Category: Environmental/Civic/Conservation Mr. Marco A. Espinar 263-2687 3880 Estey Avenue Naples, FL 34104 District: 4 Category: Environmental/Ag/Civic/Ecology 02/11/03 02/11/04 1 Year 02/11/03 02/11/04 I Year 02/11/03 02/11/04 1 Year The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9- member committee's pdmary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall compdse broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education FL 'STAT Staff: Bill Lorenz: 732-2505 Thursday, February 13, 2003 Page 2 of 2 NO. ~f ~ JAN 2 ? 200 pg. ~ MEMORANDUM · DATE: December 15, 2003 TO: FROM: Elections Office Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAND ACQUISITION ADV COMM Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 John E. (Ed) Carlson 3331 1 ~t Avenue, N.W. Naples, FL 34120 Michael J. Delate 574 100m Avenue, N. Naples, FL 34108 Georgeann Portokalis 7062 Barrington Circle #202 Nfiples, FL 34108 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: December 15, 2003 William D. Lorenz, Jr., Environmental Services Director Sue Filson, Executive Manage~.~ ' Board of County Commissioner~ Land Acquisition Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 John E. (Ed) Carlson 3331 1N Avenue, N.W. Naples, FL 34120 Michael J. Delate 574 100~ Avenue, N. Naples, FL 34108 Georgeann Portokalis 7062 Barrington Circle #202 Naples, FL 34108 Please let me know ' lng, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attemion to this matter. SF Attachments Board of County Commissioners 3501 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:~,~q,~ Home Phone: ~-~ Home Address: ~ ~'gf-~ ~'-,~-~~_.~ Zip Code: ~ q] Fax No.~ ' ~a/~ Business Phone: ~3 - ~87 ~mail addr~s: Business: ~/~ ~~/~ ~~ ~ ~$~/~~ ~ Board or CommiRee Applied for: ~~~ ~ ~ ~~ Catego~ (if applicable): ~t'~ ~ ,'~ ~ E~ample: Commission Di~tdch Developer, environme~ali~h lay per.n, et~ Are you a registered voter in Collier County.: Yes ~ No Do you currently hold public office? Yes If so, what is that office? Do you now serve, or have you ever served, o~n a Collier County board or com~dttee? Yes ~ No 1.f.~ves, plea~$e list the com~ miR~ees/boar.ds: Please list your community activities (civic clubs, neiohborhood assoeiatlons etc. and positions Please attach any additional information you feel pertinenf This application should be forwarded to Sue Filson, ExecUt~e-~ anager o ' Board of CounO~ Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-$602 or e-mad to suefilson(~colliergov, net. Thank you for volunteering to serve the citi~en$ of Colller County. RESUME Marco A. Espinar 3880 Estey Avenue Naples, F1 34104 Bilingual: English & Spanish Office: 239-263-2687 EDUCATION Cardinal Mooney High School Sarasota, Florida Diploma 1980 Manatee Junior College Bradenton, Florida AA Degree 1982 Biology University of South Florida Tampa, Florida BS Degree 1990 Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida Owner & Environmental Planner Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Gopher Tortoise Permitting, Testing, Relocation Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Turrell & Associates, Inc. Naples, Florida Senior Environmental Planner Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Supervision of Staff Review Staff Reports Environmental Analyst South Florida Water Management District Fort Myers, Florida Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Naples, Florida Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Environmental Specialist II Landscape Inspections Environmental Enforcement Southwest Florida Water Management District Tampa, Florida As-Built Inspections- Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Field Services Technician Southwest Florida Water Management District Brooksville, Florida (CO-OP) Environmental Scientists 1 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Florida Association' of Environmentm l~rotess~onms, Memt>er Southwest Florida Association of Environmental Professionals, Member Elected to Governing Bom'd for 2 terms; Bylaws Committee Exotic Pest Plant Council, Member Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Cmnmissioners and Currently Serving on the Development Services Advisory Committee - Term Expires 12/03 Currently Serving on the Land Development Code Sub-Committee Appointed by the Board of County Commissioners and Currently Serving on Conservation Collier Land Acquisition Advisory Committee Term Expires- 2/04 Currently Serving on the Conservation Collier Budget Sub-Committee, Chairman Currently Serving on the Conservation Collier Land Acquisition and Management Sub-Committee, Chairman Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 Member, Collier County Republican Executive Committee REFERENCES UPON REQUEST NO. '7 ].~N 2 7 200~ v~,. DFC, 9.E~03 11: 52AM NATIONAL AUDUBON Board of County Commissioners 3301 East Tamlami Trail Naples, FI, 34112 (941) 774-8097 Fax: (941) 774-3602 NO. 005 P. 1/1 Application for Advisory Committees/Boards Zip Code: ,~, , ~-mail address: Catego~ (if applicable): e ~ 0 ( ~ ~'~_~(~-- 9'~-- g~mple: Commission Di~I~ D~doper, en~nmon~isL lay p~, ~ Are you a registered voter ha Collier County: Yes__ Do you currently hold public office? Yes If so, what i~ that office? ]NO Do you now ser~,e, or have you ever served, on a Collier County board or committee? Yea ~ No If Y~-5,_ please list the committees/lmards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Boa~ of C~unty Commisslon~rs, 3301 East Tamlaml ~,Ml, Napl~, FL 34J 12. If you wisl~, plt~zaw fax yotw ~opi~ e~ttIl t~ ~tge_ [dson(ateoillergov. n~t~ Thank you for ~olun~e~t~ng to ser~ tlut clt~.~n~ of Coillar Count2x DEC. g. E003 11:53AM HATIOHAL AUDUBON Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 N0.006 P.1/1 Application for Advisory Committees/Boards / IomeAddr s: 375/ /s+. E~mple: Commis~on DisPel Develops, envi~nmenmti~ lay ~e you a re~r~ voter M Co~r CounW: Yes~ ~ No Do you curren~y hold pubfie o~ce? Yes No If s~ what is that office? Do you now serve, or have you ever served, on a Collier County board or committ~? Yes K No If y_~s please li~t the cmllmittees/boards: Please list your community activities (civic clubs, nei~hborhood associations, etc. and positions held: Education:~ Experience:_ Lo. rod PI~ at~eIt any mIdition~t lnfotmalton you feel l~rtlnetff. Tills ~p~lLeati~ $1~o~dtl Im f~r'~nzrde~l to ~'~ IriL~tt, F-~eut~ Board of Cotmt~ Cmmni~tlontt~, $$01 ~trt I'amlami Trail, Napteg. ~L $4119_ If you wldt, pl~e fox yo~. applle~ian to ~ e-rn~ to .~_ue~'dson~lcolller~v..nea TI:afdc j~o~fOe volunteering to strv~ the ~n~ $f{.'olller Ca~tnOx AGENDA I~'EM JAN 77 200~ December 1, 2003 574 100th AVe. N. Naples, FL 34108 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Re: Conservation Collier Land Acquisition Advisory Committee Dear Ms. Filsonc - Thank you for sending me an application for reappointment to the Conservation Collier Committee. My term expires on February ! I, 2004, and I would like to request consideration for rcappointment. Enclosed please find an updated application. Sincerely, Michael J. Delate Cc: Alexandra Sulecki w/mci. Enclosure Board of CounD' Commissioners ~apies, FL 341~2 (941) 77~t~7 Fax: 19~I) 77~2 Application for Advisoq.' Committees/Boards Name: Michael Delate Home Address: 574 100m Ave. North Fax No. 947-6783 Busine~ Phone: 94%1144 Business: Q. Grady Minor and Assoc~ Home Phone: 592-9834 Zip Code: 34108 e-mail address: mdelate~l~radymlnor.com Board or Committee Applied for: Conservation Collier land Acquisition Advisory Commltt~ Category (if applicable): N/A. Ir.~ample: Commi~ion Di~rlct, Dzveloper, e~vlromnemtallat, lay pea-ma, etc. :~re you a registered voter in ColHer County: Yes XXX No Do you currently bold public office? Yes No XXXX If so, what is that office?. Do you now serve, or have yon ever ~ved, on a ColBer County board or committee? Ye~ XXXX No If yes, please list the committees/boards: Couservniion Collier, EPTAB and Iandflll Location Advisory. Committee Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: _Masters in F.n_oineering (University, of Florida} Experience: As previously submit?ed~ (requ _csein~ rcaooointmenth Please~m~y~information.roufed~ Thiszppllau~rtDtouldbeforward~t~Sau~FiIs°n,E'zm~ B o~rd of County Commissiontrt, 350l Eart Tttmi~ Trail, N~s, FL 34I 12. If jam wi~ ple,~e riot ymw application JAN 2 ? ~.,,,,-~ Pg. NOU-25-~003 14:27 FROM:GAP OF NAPLES INC 9414350225 T0:941974360~ P.OOlx003 To: Sue Filson Gap of Naples, Inc. 5020 Tamiami Trail North, Suite Naples, FL 34103 Phone: (239) 435-7880 Fax: (239) 435-0225 Fax: 774-3602 Executive Manager to the BCC Phone 110 From: Georgeann Portokalis Date: 11/25/03 Rc: Application for Committee Page~: 3 CC: [] Urgent [] For Review [] Please Comment [] Plca.~ Reply [] Please Rccyclc Dear Sue, Please accept my application for thc Land Acquisition Advisory Commi~rtca¢. If you would h'ke additional informa'2~,a, -" ......... ~ ~ ......... me at the numl~r al~,e. The .information contained i.n this 'facsimile message and thc documents accompanying it are attorney privileged and confidential intended only tbr the uae of the iadividual or entity to whom it is addressed. Dissemination, distribution or copying this communication is strictly prohibited. HOU-25-E003 14:27 FROM:GAP OF NAPLES INC 94143502E5 TO:94177456~F2 P.OO2x003 Board of Count3' Commissioners 3301 East Tamiami Trail .Naples, FL 34112 (941) 774-8{}97 Fax: (941) 774-3602 Application~r Advisory Committees/Boards Board or Committee Appfied for: ~ ' ' Category (if applicabt¢):_____._ Example: Commi~i-n Dtslrlcl, I~vcluper, cnvironmentalizg lay per-dm, etc. Are you a registered voter in Collier County: Yes _No Do you currently hold public office? Yes No ~ If so, what is that oflqce?, Do you now serve, or have you ever served, uo a Collier Count7 board or committee? Yes If yes, please list the committeea/boards:~ No Pl~.ase list your commtmity activities (civic clubs, neighborhood associations, etc. and positions ' 'd ne,: /C~/, .E · : Expcrience: Plem'e uttaclt any addRional informa~n you fed pertinent. This apl~tication skatdd be for~ntrdtd to ,gut Fiizom Board of Catmty Cammlr~ione~, 3301 East ?'amla~ l~mil, N~ple~ FL ~4112. if you wi. Th, ple. a~ fax ~our appA e. mall tO ~uefitx~n(a.~eollje. r~ov,~et Tluml~ you fo~ yolt~nteffl~ to st,~e the ,.;t~_,~ of Collier C~nty~ AGENDA ITEM JA~ 2 7 NOU-25-2005 14:27 FROM:GAP OF NAPLES INC 9414350225 T0:9417745602 P.OOSx005 GEORGEA_NN PORTOKALIS, CFA Gap of Naples, Inc. 5020 Tamiami Trail North Suitc 110 Naples, Florida. 34103 (239) 435-7880 GapNaples(.~aol.com Georgea,m Portokalis' 'firm, Gap of Naples, lac., provides financial analysis, strategic plamfing and financial administration services to both businesses and individuals. Slyecifically, the firm helps clients assess their financial and strategic options and improve their financial results. She has extensive experience in acquisition analysis, managing cash flows ia troubled situations, and helping ~]rrns raise debt and equity funds. She 'also has experience in coordinating an individual's team of experts - money managers, tax and estate planners and CPA's - in order to achieve client objectives. Befbre founding her firm in i 994, Georgeann worked in the Portfolio Managemeat Divisions of Mellon Bank and First Union (previously BlmcFlorida) on risk management and profitability improvemem programs. She began her career in the Corporatc Finance Division oflhe H. J. Heinz Company. She has an undergraduate de~ee in :finance from The Pennsylvania State University and a masters degree in business adminisWation from Duquesae University. She received the Chartered Financial Analyst designation in 1991. Georgeann is a ~aduate of the 2003 Leadership lnstlmte program sponsored by the Greater Naples Chamber of Commemc. She is the Presid,~,~ of ~,: N'a~,l,~ Fi,~a,-,c~al Analyst Society and 'also serves on the US Advocacy Committee of the Association for investment Management and Research. Thc committee provides detailed input to the SEC regarding newly proposed regulatory changes designed to better protect individual investors. Georgeann is a native of Pittsburgh, Pennsylvania. She moved to Naples in 1992. AGENDA~T,E~ NO.. _ 2 ? EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTMTY COMMITTEE OBJECTIVE: To appoint 2 members, with 1 term eXPiring on February 4, 2005 and I term eXPiring on February 4, 2006, to the County Government Productivity Committee. CONSIDERATIONS: This committee is composed of 11 members, with the vice chair of the Board of County Commi~ioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organi?~tion, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and eom-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. The term for Dr. James T. Homer eXPired on February 4, 2004 and there is currently 1 vacancy with the term expiring on February 4, 2005. A press release was issued and resumes were received l~om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert E. Dowling I.iS.tephen A. Harrison Real Estate/Marketing Economics; Finance; Marketing; CPA t Yes None Yes None COMMITTEE RECOMMENDATION: Robert E. Dowling.~expiring on February 4;2005 Stephen A: Harris0~n~"exph-ing on February':~: 2006 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE I~COMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 27, 2004 '--~GENDA ITEM NO. ~ JAN 2 7 200q Pg.._ ! - MEMO DUM TO: FROM: DATE: SUBJECT: Sue Filson, Executive Manager Board of County Commissioners St hAP. ~. Winona one, ^ssmtant to the County Manager January 21, 2004 Productivity Committee Recommendation to the Board for Filling Vacant Positions The Productivity Committee has reviewed the two applications received by the prescribed deadline for three vacancies. Applicants were evaluated based on their potential contributions to the Committee. The Committee recommends the following applicants for appointment for terms expiring as indicated below: NAME TYPE OF TERM DISTRICT FIELD OF EXPERTISE TERM EXPIRES APPOINTMENT Robert E. Dowling Initial I 2 Real Estate Agent/Broker February 4. 2005 Stephen A. Harrison Initial 1 4 Reengineering Business February. 4, 2006 Processes Please advise should you need additional information. Winona Walker Stone Assistant to thc County Maaagcr Voic~ 774-8383 Fax 774-4010 Email WinonaSton~collicrgov.nct AGEND~ ITEM No. qF: _ JAN 2 7 200 Pc. :2.. MEMORANDUM DATE: January 12, 2004 TO: FROM: Elections Office er~' Sue Filson, Executive Manag Board of County Co~missioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CTY GOV'T PRODUCTIVITY COMM Robert E. Dowling ~/~ 7558 Cordoba Circle Naples, FL 34109 Stephen A. Harrison 4255 Gulf Shore Boulevard, North #1506 Naples, FL 34103 COMMISSION DISTRICT Thank you for your help. ~ECEIVEE~ JAN ~ 4 ~00~ ~oard of Count;.i Comm';ss~O~ers AOoENDA ITEM uo. q? ]AN 2 7 £004 Mr. Albin A. Kozeig Jr. 5308 Hawkesbury Way Naples, FL 34119 E-Mail: District: 3 County. Government Productivity Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 01/28/03 02/04/05 596-5020 Category: Marketing; Strategic Planning & Program Mgmt. Mr. Fred Coyle 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: l CategorY: Vice-Chairman 774-8097 01/13/04 01/11/05 Ms. Celia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 E-Mail: celiaanded~rnsn.com District: 5 CategorY: Office Mgmt; Accounting 594-2021 10/14/03 02/04/05 304-2118 Ms. Helen C. philbin 5784 Deauviile Circle, #301 775-3772 Naples, FL 34112 E-MaiL' hphilbin~comcast.net District: 1 Category: Gov~, Budget, Zoning Compliance 14497 Indigo 352-1:506 Naples, FL 34119 E-Mail:. District: 3 CategorY: Public Administration; Banking 01 / 13/04 02/04/06 Term 2nd Term 2 Years 1 Year 1.5 Years 01/28/03 02104/05 2 Years 2 years ' Wednesday, January 14, 2004 Page 1 of 3 NO. "7. r'- ._ JAN 2 7 200 Pg. County Government Productivity Committee Name Work Phone ApPt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 01/12/99 02/04/00 598-4378 01/13/04 02/04/06 Ms. Janet Vasey 4398 Longshore Way North Naples, FL 34119 E-Mail: District: 3 Category: Budget & Financial Anaysis Mr. Joseph B. Swaja 460 Battersea Court Marco Island, FL 34145 E-Mail: joeswaja(~aol, com District: 1 Category: Development of Strategic Objectives Term 2nd Term lYear 2 Years 394-4599 04/24/02 02/04/04 2 Years 394-4599 01/13/04 02/42/06 2 Years 10/14/03 02/04/05 1.5 Years Mr. Sydney E. Blum 594-71580 237 Burning Tree Drive 261-1855 Naples, FL 34105 E-Mail: eescool~earthlinkmet District: 4 Category: Job costing; Mgmt Styles, Efficiency Training -.. 11/09/99 732-8830 01/22/02 02/04/00 02/04/04"o5-- Mr. James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 E-Mail: District: 1 Category: Budget & Financial Mgmt 774-1791 03/14/01 596-1339 01/22/02 02/04/02 02/04104 Dr. James T. Homer 47040ssabaw Way Naples, FL 34112 E-Mail: District: '3 Category: Financial Mgmt; Leadership & StaffDev; Professor 3 Months 2 Years 1 Year 2 Years o,,/ WedneSday, January 14, 2004 ' Page 2 of 3 JAN 2 7 20Ft County Government Productivity Committee Sa,~'~e Work Phone /¥p~'d Exp. Date T~rm Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Staney E. Farnham 919 Tropical Bay Ct. 3,54-1240 Naples, FL 34120 E-Mail: sffums(~aol.com District: 5 Category: Strategic Planning; Management/Retired 10/14/03 02/04/04 4 months 10/14/03 02/04/06 2 Years Mr. Dexter R. Groose 659-0489 5202 High Street 659-0389 Naples, FL 34105 E-Mail: dxdotcom(~earthlink.net District: 4 Category: Performance Analysis & Value Analysis 01/22/02 02/04/04 2 Years 0 !/13/04 02/04/06 2 Years This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county govemment and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. .. FL STAT Staff.. WinOna Stone, Budget Analyst: 774-8810 Wednesday, January 14, 2094 Page'3 of3 AGEN EM NO. _ ~-~ _ JAN 2 7 200~ pg. $ MEMORANDUM DATE: TO: FROM: January 12, 2004 W'mona Stone, Staff Liaison County Government Productivity Committee Sue Filson, Executive Manage. r~ ' Board of County Commissione'vs'- County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 Stephen A. Harrison 4255 Gulf Shore Boulevard, North #1506 Naples, FL 34103 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's considemtion~ Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM 2 7 280 ? 01/09/04 ].2:13 FAX 12392614746 JOHN R WOOD REALTORS 3an 08 04 09:23a Collier County 23S-?74-8865 002/003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 {941) 77,1-8097 F;~x: (941) 774-3602 /.f~pplication for Advisory Committees/Boards Name: /~~~~ ,d~ ~D~ W ~ l{ome Phony''~ Home Address: ~~'~ ~~~ ~'~_ZipCode: ~~O Board or Committee Applied for: f~ Category (if applicable):. Example: Commiasion District, D~'~oper, ~nvironmefltali$~ Jay persoa, Are you a registered voter in Co.er Count: Y~ ~ No Do you cu~en~y hold public of~ce? Y~ No If so, what is that o~ce'? Do you now serve, or have you ever served, on a Collier County board or committee? 'Yes If yes, please list the committees/boards: Please list your l:onlmunity activities (civic ~lubs, neighborhood associations, etc. and positions ! x ..... Please attach any addltLmtal lnfor~allon you feel perth~enl. T&i~ ~0~ shouff be fo~d to ~u~ ~lson, ~o JAN 2 7 01/08/04 ~U 09:20 [~ NO 69611 01/09/04 12:14 FAX 12392614746 JOHN R WOOD REALTORS ~003/003 Rob Dowling Broker-Director John R. Wood, Inc. REALTORS 3255 Tamiami Trail North Naples, Florida 34103 rdowling @john rwood .com Direct: (239) 659-6197 Toll Free: (800) 982-8079, Ext. 128 Cell: 239-571-6772 Other web sites of interest: robdowling.com Ohs e~ve d at: N~pies, F L Click For F ROB DOWLING has been in Naples since 1982-- and has 21 years of Naples Real Estate business experience ! He has over $185 million in Naples sales and listings. Rob sells and markets all types of properties for clients. Rob arrived from Cleveland and ran the Wyndemere Tennis Club as Hanager/Pro. A two time Naples City Tennis Champ--- Rob has nearl~y ~. 300 sales at Wyndemere ~, other fine golf communities. Rob is considered an expert in Golf property. With closed deals In Naples finest areas including Port Royal, Grey Oaks, Collier's Reserve, Park Shore, Pelican Bay,Olde Naples, Moorings,The Colony, Gulf Shore Blvd, Vanderbilt Beach, Vineyards, Stonegate, .... ROB KNOWS THIS MARKET!! He's been successful here for 21 years and gives his clients the insight they need to make great deals. Rob has a bachelors degree from Bowling Green University in marketing; a Fortune 500 corporate background; Board of Directors of John R. Wood Realtors and l~lonterey. Member Wyndemere Country Club and St. Ann's Church. http://robdowling.corn/ 1/9/2004 AGENDa. ITEM NO. FRO~ ROI A$~ciat,-$ FAX NO. : 4124864181 .Tan. 12 2004 11'-08AM P1 Cellie~ C~mnD' Hom~l [~CC ' Applicafiou lbr Advisor3.. Commill~s/Board~ l~g~ 1 ot'2 Board of Coun~ Commissioners 3301 East Tamiaml Trail Napl~, FL 34I 12 ~ _ ~...l~ Fax: (~9) 774-$602 Appliea on for Adviso Commi ee/Boa Nam~ 5~~ N' ~~o~ Home Phone: ~- HomeAddr~s: ~ ~ ~ ~. ~ ~ Zip Code: Fax No. Busln~s Phone: ~.~. ~ ~maii addr~: ~ard or Commt~ App~ed fo~ ~o~i ~~~ ~O~tOt~ ~~ ,, ~xn~ple: C~m~ ~ ~o~, ~nm~t~i~ lay ~, ~ Are you a r~tered voter in Collier Coun~: Yea / No ~ you curr~tly hold public o~ce ? y~ lfso, what is ~ o~ ? 1~ you now serve, or have you ever served, on a Collier County board or Committee? lfyes, please ]izt the commltteea/~oards: Y~ __ No ~/ Please llst your community activities (civic clubs, neighboorhood associations, etc.) and positions held: ~.o ~.4 ~ta-. ~.~ o~t~ ~ ~ ZOO4 FROM : ROI Associates FAX NO. : 4124864181 San. 12 2004 11:11AM P1 Steve Harrison, CPA 4255 Gulf Shore Boulevard North, Naples, FL 34103 Cellular (239) 821-5180 (239) 435-1869 sa.~_harison(~.aol.com Objective Develop a professional services Practice(Finance/Accounting/Information Technology) based in Florida SummarTIProfile CPA with broad range of financial experience with two muJfi~nationa! public accounting firms. industry experience as a Corrtroiler and Chief Financial Officer, Real estate experience as investor and developer. Significant experience in financing, financial systems, financial planning, budgeting, management reporting, and cost management. Excellent commLaqication and relatior-mhip building sldlls. ACCOMPLISHMENTS Executive Informat~m3---Wor~ed with CEOs and CF'Os to define financJ~ and operating information needed to control rapidly growing businesses (Consulting services, high-tech, banking, auto impo~ng, etc.} Created data collection mechanisms and procedures to gath~- operating data Designed and implemented FinancJal/Account~g systems to support Senior and Middle Manage¢ needs for cord. roi information. Revised charts of accounts and subsidiary ledger codes to classify/gather data both for historical reporting and budgeting/planning. Converted historfcal data tO new coding structures. Designed and implemented periodic financia! statements and supporting schedules for management as welJ as quarterly and annual reports to Board of Directors Financial Systems--Prepared specifications, selected and installed primary financial system software (M&D, PeopleSoff, JD Edwards) including all phases ot software installation, testing and cor~version. Led cross-functional project teams both to implement software and subsequently streamline existing business processes to efficiently use features of the software. GeneraJ Accounting--Ran monthly closing including review of all jouma! entries as well as preparation and distribution of financial statements. Created procedures for revenue and expense accrusds, tax accruals and ~ asset accounting. Developed intema~ controls to protect access to assets and records of those assets and worked with auditom to validate those confl'ols. Worked with external auditors to adjust records for changing GAAP requirements Designed and implemented cost accounting systems (standard and job), commission accountir3g systems, lease acco~nffng systems and order management systems Prepared Quarterly and Annual reports to Shareholders and related SEC filings. Communicated results to external P'3nancial Analysts and answered their questio_ns about those result. A~END~ ITEM NO. ~ 2 7 200 , FROM : ROI Associates FAX NO. : 41248~4181 Jan. 12 2004 11:12AM P2 Planning and Budgeting--Designed and implemented annual planning and budgeting system down to, and including, data input schedules for individual cost centers. Consolidated plans and budgets, reviewed with Senior Management and coarclinated their revision. Loaded budget data into primary financial system and prepared budget versus actual reports for distribution. Coordinated mid-year re-budgeting when business performance varied from plan Financial Analysi=--- Prepared capital budgets for major projects and analyzed their return on investment for senior management. Prepared computer models for real estate development projects. Prepared documentation needed for construction loans and investor financing. Prepared computer models and business plan for startup mortgage servicing subsidiary. Analyzed product development plans and budgets and projections through completion to determine financial viability and alternatives for improving proFrtability Analyzed sales and distribution expenses by terrffory Analyzed c~mpefifive pricing and recommended pricing changes TreasuwmPrepared cash flow budgets to insure compliance with loan covenants and reviewed with bankers. Performed due diligence as part. of merger and acquisition team including alternative valuations (viz: book value, market~ liquidation, etc.) including assessment o! in place management, human capital, intangibles and internal controls. Managed ~edit lines including draws and repayments. Met with investmecr[ bankers to raise new investment capital. Designed captive finance subsidiary Streamlined banking relationships, bank fees and reduced float by consolidating lock boxes Negotiated sale of bank T~epares comp[ex Federal 1040s including real esl~e sales and tax-deferred exchanges (Sect[on 1031) and Schedule Es for rental properties and their related depreciation schedules. EMPLOYMENT HISTORY Allari Solutions, Inc. Computer Enterprises, in=. Ernst & Young LLP ROi Associates Equima~ Corporation V!= Corporate Development Director Corporate Development Senior Manager President CFO Bonita Spdngs, FL Pittsburgh, PA, Pittsburgh, PA Pittsburgh, PA Pittsburgh, PA AGENDA ITEM NO. JAN 2 7 200 l Pg. /,~.~ FROM : ROI Associates FAX NO. : 4124864181 Jan. 12 2~4 ll:12AM P5 Deloitte & Touche LLP Partner.. Manager, Consultant Hyster Company Controller, Analysis Mgr EDUCATION Stanford University Master of Bu~ess Admin£.~frat~on Major:. Ma~eting and Finan~ ~i~er Collie College of Business Admini~r~ion ~che~r of ~en~ Majon E~nomi~ CPA, California and Pennsylvania (CPE not current) Pittsburgh, Los Angeles, London, Tehran Portland, OR Danville, IL Polo Alto, California Whittier, California EXECUTIVE SUMMARY APPROVAL OF THE CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTION FOR STAFF TO ACTIVELY PURSUE PROJECTS RECOMMENDED WITHIN THE A CATEGORY OBJECTIVE: To obtain Collier County Board of County Commissioner approval for the Conservation Collier Active Acquisition List (AAL) and further, to obtain direction for staff to actively pursue projects in the A category of the AAL. CONSIDERATION: On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which implements the Conservation Collier Land Acquisition Program. Section 11 of the Ordinance provides for the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to recommend qualified acquisition proposals for the Active Acquisition List to the Board of County Commissioners for approval. On December 15, 2003, the CCLAAC selected qualified acquisition proposals for inclusion on the Active Acquisition List (Table 1). This list was separated into three (3) categories, A. B and C. The A category includes those properties the CCLAAC recommends staff to actively pursue (Figure 1). The A-category properties are also further prioritized to guide staff as to which properties should be worked on first. The B category includes those properties that the CCLAAC does not recommend active pursuit of during the current acquisition cycle, but will retain and automatically re-rank in the next acquisition cycle. The C-category properties are those that the CCLAAC does not recommend active pursuit of and will not automatically re-rank in the next cycle, but which the owner may resubmit for consideration in a subsequent cycle. The process for evaluation by the CCLAAC began with a staff preparation and presentation of property reports (Initial Criteria Screening Reports). Included in each report was a scoring matrix developed by staff, based on researched and observed data. The Advisory Committee then reviewed these reports and utilized the score as a tool along with public input and other intangible criteria related to their individual expertise, to evaluate and rank the properties. Property Summary Sheets summarizing report data and explaining how scores were achieved for A-category properties are attached for reference. Upon the BCC's approval of the AAL~staff will begin the process of acquiring the A-list properties. After confirming continued property owner willingness to sell, staff will order appraisals, title research, and various environmental surveys. The Conservation Collier ordinance requires contracts to be brought back before both the CCLAAC and BCC for approval prior to purchase. Additionally, for properties where partnering with State Land Acquisition agencies is expected, contracts must be approved by the State Board of Trustees. AOENDA i'rF~ JAN 2 7..200~ The November 2003 referendum approving the Conservation Collier program authorized the County to issue up to $75,000,000 in bonds to acquire environmentally sensitive properties. If funds are not readily available, the county is thus authorized to finance the property purchases. FISCAL IMPACT: Approval of the attached AAL and direction to actively pursue A-category projects will require the Conservation Collier program to expend funds for various acquisition costs including title commitments, phase I environmental audits, upland/wetland surveys, appraisals, and interoffice billing for Real Estate services staff time. The total cost for these activities is estimated at $450,000+/-. The FY04 budget for the Conservation Collier program provided for $400,000 for these activities. Thus a Budget Amendment in the amount of $50,000 is needed to fund these activities. The 0.25 mill levy raised $11,063,800 for the FY04 budget; thus, there are sufficient funds within Conservation Collier reserves to provide the additional money necessary to pursue the acquisition of the A-category properties. The costs of the properties within the A-category are estimated at approximately $31,000,000+/-. These costs are staff estimates with the actual costs to be established by formal appraisals. Each contract will be brought back to the BCC when completed. It will be necessary to issue bonds or obtain a loan through the county's commercial paper program to obtain all of the funds for the identified prbperty purchases. County staff has been in contact with the Finance Director to determine the most suitable financing strategy and will need to return to the BCC with a recommended financing strategy. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management 'Plan. RECOMMENDATION: That the Board of County Commissioners approve the Active Acquisition List (Table 1), direct staff to actively pursue acquisition of those properties listed within the A-category, have staff return to the BCC with a recommendation for financing the acquisition of these properties, and approve any necessary budget amendments as identified above. SUBMITTED BY: Conservation Collier Program DATE: /-/Z-O~ A~A ITEM _ JAN 2 7. 200- REVIEWED BY: DATE: REVIEWED BY: ,~J'~iam D. Lorenz, Jr., P.~., Director E~vironmental Services Department DATE: APPROVED BY: JAN 2 2. 200~ P~._ .~ Figure 1. Location of A-category Properties Conservation Collier Land Aquisition Advisory Committee Recommended Categmy A Properties Legend Conservation Lands PRIORITY -!-3 NGGE o ~ Dixie Sky C JAN 2 7 200~ AGENOA ITE~ ~. t.~-~ JAN 2 7. 200~ ~ ~ · · · ~' ~ ' * ~ JAN 2 ~ 200q EXECUTIVE SUMMARY RECOMMENDATION FOR BOARD DIRECTION TO CHANGE THE CONSERVATION COLLIER PURCHASE POLICY, CURRENTLY RESOLUTION NO. 2003-195, TO BET'FER ALLOW FOR PARTNERING WITH OTHER AGENCIES IN THE ACQUISITION OF LAND BY ADOPTING A REVISED PURCHASE POLICY IN A RESOLUTION SUPERSEDING RESOLUTION NO. 2003-195. OBJECTIVE: To amend the purchase policy for the Conservation Collier Land Acquisition Program as stated in Resolution 2003-195, so that Conservation Collier has the ability to partner with the State of Florida, specifically the Florida Forever Program, for purchases of conservation lands within state acquisition boundaries. CONSIDERATION: In the early part of the Conservation Collier Program, June 2003, staff proposed a specific purchase policy, which was adopted by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and subsequently approved by the Collier County Board of County Commissioners (BCC) in the form of Resolution 2003-195. The Conservation Collier purchase policy was developed as it is for several reasons. The goal was to offer "fair market value" in order to both wisely spend taxpayer's money and to respect the seller's property rights. By choosing a 'one offer' policy, the goal was to eliminate the concern that someone, by applying stronger negotiation skills, could get a better deal. So that landowners could clearly see how the offer was derived, the appraisals were to be available to owners upon request. The policy also reflects a position that if a community desires specific land for public use and conservation, fair market value should be offered to the owner. The current purchase policy incorporates various state and federal procedures. A major difference is that while the Conservation Collier Purchase Policy allows for appraisals to be made available to owners, the Florida Forever program requires appraisals to be kept confidential. Thus, Collier County's Purchase policy is inconsistent with that of the Florida Forever Program and an unintended consequence of the current purchase policy is that by not keeping appraisals confidential, Conservation Collier is effectively shut out of partnering with the Florida Forever Program. The Conservation Collier Ordinance, 2002-63, clearly speaks to the intent to partner with other local, regional, state, or federal conservation land acquisition efforts, with some stipulations. The Conservation Collier Land Acquisition Advisory Committee discussed this issue and at its December 15, 2003 meeting recommended this change to the current purchase policy FISCAL IMPACT: Amending the resolution would not have a fiscal impact by itself, but would allow Conservation Collier to partner with the State of Florida. While this would mean that Conservation Collier funds would potentially be expended in a 50/50 ratio towards fee- AGE~A ITEM/3 JAN 2 Z 200~ simple purchase of properties within state acquisition boundaries, which would be titled to the state, the program would be leveraging state funds for acquisition of conservation lands into public ownership, a Conservation Collier goal. Additionally, in most circumstances, the state would assume management responsibilities, further leveraging local dollars. GROWTH MANAGEMENT IMPACT: Being able to partner with and support State acquisition efforts for fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e)(g) in the Conservation and Coastal management Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners direct staff to appropriately amend Resolution 2003- 195 to allow use of state acquisition procedures where required for partnership purchases inside state acquisition boundaries. SUBMITTED BY: Alexandra J. Sulecki, Coordinator Conservation Collier Program REVIEWED BY: DATE: Charles Cardngton, Director Real Estate Services Department REVIEWED BY: ~W~lliam D. Lorenz,';'Jr., P.E.,~i~ec~or Environmental Services Department DATE: APPROVED BY: mi DATE: nistrator k.,gommunity Development & Environmental Services JAN 27..200~ " EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF AN EIGHTEEN-MONTH AND FINAL PROGRESS REPORT REGARDING THE PROPOSED MANDATORY NON-RESIDENTIAL RECYCLING ORDINANCE WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) with the third and final progress report on voluntary non-residential (commercial) recycling initiative. CONSIDERATION: On March 27, 2001 the Board instructed the Solid Waste Management Department (Department) to prepare an ordinance requiring commercial establishments to recycle a variety of recyclable materials. Accordingly, the Department, together with the County Attorney's Office and special legal counsel, prepared a proposed Non-Residential Recycling Ordinance (Ordinance) (Exhibit 1), to be used as a framework, that would enable the County to preserve limited disposal (airspace) capacity at the Naples Landfill, while achieving the best and highest use of resources and pursuing environmental stewardship. On May 28, 2002, the County Attorney's Office and the Department presented the Ordinance to the Board. At that time, the Board also heard opposition to the Ordinance from business and citizen groups. Following the presentation and public comment, the Board, by a majority vote, denied the motion to approve the Ordinance. However, a second motion was approved to utilize the Ordinance's provisions as a framework for voluntary commercial recycling over the next 18 months and to develop a marketing plan with established goals to monitor progress. After 18 months, the Board would then consider adopting the Ordinance if voluntary commercial recycling did not meet the established goals. The Board challenged the Greater Naples Chamber of Commerce (Chamber) to develop a marketing plan with support provided by the Department. In addition, the Board requested interim progress reports (IPR) from the Chamber and the Department on a six-month basis. ' The Chamber and the Department presented the first joint IPR to the Board on January 28, 2003 (Exhibit 2). At that time, the Board requested that the Chamber and the Department develop joint performance benchmarks and goals that the Board could use to monitor the success of the voluntary commercial recycling initiative. The joint performance benchmarks and goals were provided to the Board on April 10, 2003 (Exhibit 3). The second IPR was presented to the Board on June 24, 2003 (Exhibit 4). The Department, in cooperation with the Chamber, now brings the third and final progress report to the Board (Exhibit 5). AGENDALTEM No. /0 JAN 2 7 2004 Pg- In consideration of the exceptional effort put forth by the Chamber and the Department, including marketing and outreach, education, and technical assistance, voluntary non- residential recycling was unable to meet the jointly established goals. FISCAL IMPACT: The fiscal impact associated with this Executive Summary can be measured two ways. In both cases, the costs relate to lost disposal (airspace) capacity at the Naples Landfill. There is a fiscal impact resulting from not implementing the Ordinance starting in May 2002. This impact is nominal, as the Ordinance was designed to allow businesses 12 months to comply with the requirements. However, the estimated impact of not adopting the Ordinance over the life of the Naples Landfill is significant due to the compounding effect of increased recyclables diversion on disposal (airspace) capacity. A conservative estimate of the corresponding financial impact over the life of the Landfill (through FY2024) is $18 million on a net present value basis (Exhibit 6). Another significant impact, yet more difficult to quantify, is the solid waste disposal cost to businesses and residents after the Naples Landfill is closed. In any event, it is likely the disposal costs at that time will greatly exceed those of today on a net present value basis. GROWTH MANAGEMENT IMPACT: The growth management impact of commercial recycling is potentially significant. Currently, businesses account for approximately 60% of the waste generated in the County. Based on a conservative estimate, approximately 50% of the commercial waste generated annually is recyclable as defined in the Ordinance. While it is unlikely that most businesses will maximize their recycling opportunity, implementing the Ordinance would preserve more than 15% disposal (airspace) capacity over the life of the Naples Landfill based on a conservative estimate (Exhibit 6). This savings represents an opportunity with a long-term payback. Preserved disposal (airspace) capacity resulting from commercial recycling will positively impact the Annual Update and Inventory Report on Solid Waste Facilities. By preserving airspace at the Naples Landfill, the lined capacity will be extended, as would the permittable disposal capacity. Thus, the adoption of the Ordinance will reduce the depletion of disposal (airspace) capacity at the Naples Landfill, which will in turn extend its capacity beyond the 20 years estimated today. Further, the Ordinance is part of an integrated solid waste management program. Therefore, it is important to note that the impact of the Ordinance, when combined with other solid waste management elements, will have a cumulative positive impact on disposal (airspace) capacity over the life of the Naples Landfill. RECOMMENDATION: That the Board authorize staff to bring a Non-Residential Recycling Ordinance to the Board for adoption. SUBMITTED BY: REVIEWED BY: Denise K~-'[~k --'--" ') Waste Reduction & Recycling Manager, Solid Waste Management Department Director, Public Utilities Operations Date E)'ate REVIEWED BY: <~-- v------:~.-- ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Jam W DeLony, P E '~isWtr~tor, Pubhc Utd,t,es D'~/i'iision Date JAN 2 7 200~. PG. ~ ORDINANCE NO. 2004- EXHIBIT I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY, FLORIDA ESTABLISHING A RECYCLING PROGRAM FOR NON-RESIDENTIAL PROPERTY IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEHNITIONS; PROVIDING FOR THE DESIGNATION OF RECYCLABLE MATERIALS; PROVIDING MINIMUM STANDARDS FOR NON-RESIDENTIAL RECYCLING; PROVIDING EXEMPTIONS FROM NON-RESIDENTIAL RECYCLING STANDARDS; PROVIDING FOR VOLUNTARY NON-RESIDENTIAL RECYCLING; PROVIDING FOR A NON-RESIDENTIAL RECYCLING AWARDS PROGRAM; PROVIDING FOR A RECYCLING EDUCATION AND PROMOTION PROGRAM; PROVIDING FOR REGULAR EVALUATIONS OF THE NON-RESIDENTIAL RECYCLING PROGRAM; PROVIDING FOR RECYCLING SERVICE AGREEMENTS; PROVIDING STANDARDS FOR RECYCLING CONTRACTORS; PROVIDING FOR SELF- HAULING; PROVIDING FOR VARIANCES; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 403, Florida Statutes, local governments are authorized to enact ordinances that require the separation and collection of Recyclable Materials; and WHEREAS, the Board wishes to increase Recycling in Collier County because Recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and WHEREAS, the Board also wishes to increase Recycling in Collier County because Recycling will help ensure that the valuable and limited capacity of the County's Naples Landfill is conserved; and WHEREAS, the Board finds it is necessary for the protection of the public health, safety and welfare of the residents of Collier County to require the Recycling of Recyclable Materials generated on Non-Residential Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and Purpose. It is the intent and purpose of this Ordinance to promote Recycling in Collier County by establishing a Recycling program that requires the collection and Recycling of at least one Recyclable Material by businesses and institutions in the unincorporated areas of the County. It AGENDA ITEM No. /O JAN 2 7 200 also is the intent oft.his Ordinance to provide the public with sufficient time to comply with this Ordinance and, therefore, this Ordinance will not be enforced for one year following its effective date. Further, it is the intent of this Ordinance to encourage Recycling by establishing a voluntary Recycling program for the businesses and institutions located in the County. SECTION Two: Titleand Citation. This Ordinance shall be known and may be cited as the "Collier County Non-Residential · ~" ce" Recychng ur~nnan . SECTION THREE.: Applicabili~. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUI~_: Construction and Interpretation-- This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: Definitions. For the purposes of this Ordinance, the definitions contained in this Section 5 shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the furore tense, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 5 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply. A. Board means the Board of County Commissioners of Collier County, Florida. B. Certificate of Operation means the license that a Contractor must obtain fi.om the County before it can Collect Recyclable Materials in the County. ~o,.:..i:.,DA 1 EM ~,~0 10 JAH 2 7 200 pe,._ 5' C. Collect means to gather or pick up Recyclable Materials for transport and delivery to a Recycling Facility. D. Contractor means a Person who Collects or transports Recyclable Materials from Non-Residential Property for profit. E. Co__q_~LY means Collier County, Florida. F. ~ Manager means the County Manager of Collier County or the County Manager's designee. G. Customer means an Owner or Generator that enters into a Service Agreement with a Contractor for Recycling services. H. De Minimis Amount means the amount of Solid Waste which lawfully may be included in separated Recyclable Materials. A De Minimis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more restrictive, as determined by a measurement or a visual inspection by the County Manager. I. ~ Unit means a Residential Unit with kitchen facilities, including houses, apartments, efficiency apartments, and mobile homes. Such term shall not mean a room in a motel or hotel. j. Garba.~e means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. K. Generator means each business, not-for-profit organization and institution (i.e., all Persons except individuals) that generates one or more Recyclable Materials as a result of its activities on Non-Residential Property. L. Materials Recovery Facility means a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. M. Multi-Family Residence means any building or structure consisting of more than one Dwelling Unit. N. Non-Residential Properly means real property that is located in an unincorporated area of Collier County and used primarily for: (1) commerce, including but not limited to offices, stores, Restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) institutional uses, including but not limited to governmental facilities, churches, hospitals and schools. The term Non-Residential Property shall not include any Residential Units. 3 O. .Ordinance means this County Ordinance No. 2004-_. p. ~ Waste means Garbage and other similar putrescible Solid Waste, including source separated food waste and food-soiled paper. Organic Waste does not include yard trash. Q. Owner means a Person who owns Non-Residential Property. An Owner also may be a Generator. R. Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, public or private corporation, or other association, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. S. Primary Ree¥clable Material means a Recyclable Material that is generated on a Non-Residential Property in an amount large enough to warrant Recycling. T. Recovered Materials_ means metal, paper, glass, plastic, textile, or robber materials that have known Recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed fi.om the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. U. Recovered Materials Processing Facilitv~ means a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. V. Rec¥clable Materials. means those materials that are capable of being Recycled and which would otherwise be processed as Solid Waste. W. Recyclable Materials Container means any box, mb, or other container that is made of metal, hard plastic or other similar material and is suitable for the collection of Recyclable Materials. X. Recycling means any process by which Solid Waste, or materials which would otherwise become Solid Waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. y. ~ means any facility that recycles Recyclable Materials, including but not limited to buy back centers, drop-off centers (both permanent and mobile), designated County Recycling centers, Materials Recovery Facilities and Recovered Materials Processing Facilities. Z. Residential Unit means a single family residence and a Multi-Family Residence. 4 AA. Restauran~ means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered to another location for consumption. BB. Self-Hauling Certificate means a written certification that an Owner or Generator is collecting and transporting Recyclable Materials to a Recycling Facility. CC. Service Agreement means a written agreement between a Contractor and an Owner or Generator concerning the collection of Recyclable Materials. DD. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge fi.om a waste treatment works, water supply treatment plant, or air pollution control facility; oi' Garbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or govemmentai operations. EE. Substantial Hardship means a demonstrated economic, technological, legal, or other type of hardship. SECTION SIX: Designation of Recyclable Materials. For the purposes of this Ordinance, Recyclable Materials include paper, cardboard, aluminum cans, glass, plastic, ferrous metal, non-ferrous metal, and Organic Waste. Other materials may be designated by the Board as Recyclable Materials if the Board determines that a market exists for such materials and a cost-effective system is in place for Recycling such materials. Materials shall be deleted from this list of Recyclable Materials if the Board determines that a market no longer exists or a cost-effective system is no longer in place for Recycling such materials. SECTION SEVEN: Minimum Standards for Non-Residential Recycling. A. No later than 12 months after the effective date of this Ordinance, or such later date as may be designated by the Board, each Owner shall: (1) provide Recyclable Materials Containers on the Owner's Non-Residential Property so that the Generators located on the Owner's Non-Residential Property may recycle all of the Primary Recyclable Materials designated pursuant to Subsection 7.B., below; and (2) Collect the materials placed in the Recyclable Materials Containers and transport such materials to a Recycling Facility. 5 B. No later than 12 months after the effective date of this Ordinance, or such later date as may be designated by the Board, each Generator shall: (1) consider the list of Recycla[fle Materials designated by the County pursuant to Section 6 of this Ordinance; (2) consider the types of Recyclable Materials generated by its activities on Non-Residential Property; (3) select the primary Recyclable Material(s) that the Generator will recycle; (4) separate the designated primary Recyclable Material(s) from its Solid Waste; and (5) place the designated Primary Recyclable Material(s) in a Recyclable Materials Container(s). C. Each Generator shall designate and recycle at least one Recyclable Material in the manner described in Subsection 7.B, above. D. A Recyclable Material shall be considered properly separated if no more than a De Minimis Amount of Solid Waste is present with the Recyclable Material in the Recyclable Materials Container. E. A Generator shall not knowingly dispose of Primary Recyclable Material(s) designated pursuant to Subsection 7.B, above. An Owner shall not knowinglY dispose of Recyclable Materials that have been separated t~om Solid Waste pursuant to the provisions of Section 7.B, above. F. Each Generator and each Owner shall take all necessary steps to ensure that their own Recycling activities do not cause a nuisance or litter. Each Generator and each Owner shall immediately eliminate any nuisance and pick up any litter caused by their own activities. G. On or before August 1 in 2005 and each year thereafter, each Owner subject to the requirements of Section 7 of this Ordinance shall provide the County Manager with copies of the Service Agreement(s) or Self-Hauling Certificate(s) demonstrating that the Primary Recyclable Material(s) generated and separated on the Owner's Non-Residential Property will be taken to a Recycling Facility. A copy of the Service Agreement(s) or Self-Hauling Certificates(s) shall be kept on the Owner's Non-Residential Property and shall be available for inspection by the County Manager during normal business hours. A copy of the Owner's Service Agreement(s) or Self-Hauling Certificate(s) shall be provided to each Generator whose Reeyclable Materials are transported to a Recycling Facility pursuant to the Service Agreement(s) or Self-Hauling Certificate(s). H. On or before August 1 in 2005 and each year thereafter, each Generator shall coordinate with the Owner or take other appropriate steps to ensure that the Generator's Primary Recyclable Material(s) will be taken to a Recycling Facility. Each Generator shall obtain and keep a copy of a current Service Agreement or Self-Hauling Certificate demonstrating that the 6 Generator's Primary Recyclable Material(s) will be taken to a Recycling Facility. A copy of the Service Agreement or Self-Hauling Certificate shall be available for inspection by the County Manager at the Generator's offices during normal business hours. I. An Owner may satisfy its obligations under this Ordinance by providing the required services itself or by using the services of a Contractor, tenant, not-for-profit Person, or other agent that complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the Owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. J. A Generator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor, Owner, not-for-profit Person, or other agent that complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. SECTION EIGHT: Exemptions from Non-Residential Recycling Standards. A. Notwithstanding any other provision herein, a Generator shall be exempt from the requirements in Section 7 of this Ordinance if thc Generator uses no more than one container for the disposal of its Solid Waste and the container's capacity is no greater than ninety-six (96) gallons. B. Notwithstanding any other provision herein, a Generator shall not be required to recycle a waste material if there is no market or cost-effective system available for Recycling such material. C. Notwithstanding anY other provision herein, an Owner shall be exempt from the requirements in Section 7 of this Ordinance if all of the Generators on the Owner's Non- Residential Prope~y are exempt from or otherwise not required to comply with the provisions of Section 7. SECTION NINE: Voluntary Non-Residential Recycling. All Owners and Generators are encouraged to recycle all of their Primary Recyclable Materials, especially aluminum cans, paper, and cardboard. Owners and Generators also are encouraged to work with the County to develop new and innovative methods to recycle other Recyclable Materials. SECTION TEN: Non-Residential Recycling Awards Program. The County Manager is hereby authorized to establish and implement an awards program to recognize Owners and Generators in the County who implement exceptional or innovative Recycling programs for Non-Residential Property. SECTION ELEVEN.: Recycling Education and Promotion Program. The County Manager is hereby authorized to establish and implement a Recycling education and promotion program for Owners and Generators in the County. The education and promotion program may include, but is not limited to, public workshops, public service announcements, multi-media advertising, and direct mailings concerning the methods and benefits of Recycling on Non-Residential Property. SECTION TWELVE: Evaluation of Non-Residential Recvclinp--- On or before June 1, 2005, and at least once every two years thereafter, the County Manager shall provide a report to thc Board concerning the County's Recycling program for Non-Residential Property. The report shall address the effectiveness of the County's Recycling program for Non-Residential Property, the general costs and benefits associated with this program, and any changes that should be implemented to improve the effectiveness of the program. SECTION THIRTEEN: Recvclin~ Service Agreements. A. A Contractor shall sign a written Service Agreement with a Customer before the Contractor begins to Collect that Customer's Recyclable Materials. The specific terms of the Recycling services provided by a Contractor to the Customer shall be set forth in the Service Agreement. B. A Contractor shall provide each Customer with enough Recyclable Materials Containers to accommodate the quantity and types of Recyclable Material that will be recycled by the Customer. SECTION FOURTEEN: Standards for Recvclinl! Contractors. A. Certified Recovered Materials Dealers, as defined in Section 403.7046, Florida Statutes, shall not be required to obtain a Certificate of Operation under this Section 14 to engage in business in the County. AGE~'~DA~i EM 9_ ? B. After January 1, 2005, no Person may Collect or transport Recyclable Materials in the County for profit unless such Person has obtained a Certificate of Operation fi.om the County; provided, however, that a not-for-profit Person who Collects or transports Recyclable Materials in the County is not required to obtain a Certificate of Operation under this Section 14. C. Any Person may file an application with the County Manager for a Certificate of Operation authorizing that Person to Collect Recyclable Materials in the County. Such application shall be on a form prescribed by the County Manager. Applications shall be accompanied by a filing fee of an amount determined by resolution of the Board. The application shall contain such information as specified by the County Manager, including but not limited to the following: 1. The name, address and telephone number of the applicant. 2. A description of the vehicles that the applicant will use to Collect Recyclable Materials, including the make, model, serial number and hauling capacity of each vehicle. 3. A description of the Recyclable Materials Containers that the applicant will provide to its Customers. 4. A notarized statement fi.om the owner or operator of a Recycling Facility confirming that the Recyclable Materials Collected by the applicant will be accepted at the Recycling Facility throughout the duration of the Certificate of Operation. 5. A certificate of insurance demonstrating that the applicant maintains the following minimum insurance coverage: commercial general liability insurance of at least $1,000,000; business automobile liability insurance of at least $1,000,000; workers' compensation insurance of at least the statutory limits, unless otherwise provided by state law; and umbrella liability insurance of at least $2,000,000. The certificate of insurance shall state that the County will receive at least 30 days' written notice before cancellation or reduction of coverage. All insurance policies required by this Ordinance, with the exception of workers compensation, shall name the Board as an additional insured party. 6. Information sufficient to demonstrate that the applicant's vehicles, containers and other equipment are constructed and will be operated in a manner that will prevent leakage, spillage, litter and loss of Recyclable Materials. D. If the County Manager determines that the applicant complies with the terms of this Ordinance and all applicable laws, the County Manager may grant a Certificate of Operation. The Certificate of Operation shall specify any reasonable conditions deemed appropriate by the 9 County Manager. The Certificate of Operation shall be effective for a period of one (1) year. E. The County Manager shall deny an application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the terms of this Ordinance or other applicable law. F. The County Manager may revoke a Certificate of Operation if the County Manager determines, after providing notice and an opportunity for a heating, that a Contractor has violated the provisions of a Certificate of Operation or any other applicable law. G. The County Manager is authorized to inspect any vehicle, equipment or container used by a Contractor to Collect Recyclable Materials in the County. H. A Contractor shall only provide its Customers with those types of Recyclable Materials Containers that have been approved by the County Manager. I. A Contractor shall take all necessary steps to ensure that its activities do not cause a nuisance or litter. A Contractor shall immediately eliminate any nuisance and pick up any litter caused by the Contractor's activities. J. A Contractor shall not take a Customer's Recyclable Materials to a landfill or other site for disposal unless the Contractor has received a variance pursuant to Section 16 of this Ordinance. K. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Contractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Recyclable Material it collected, and each Recycling Facility to which the Recyclable Material was taken. The Contractor's quarterly reports also shall identify the name and address of each Customer that is receiving Recycling services from the Contractor. The County Manager may require the Contractor to provide such other information as the County Manager reasonably determines is necessary, provided such request is consistent with the provisions of Chapter 62-722, Florida Administrative Code. SECTION FIFTEEN,: ~' A. A Self-Hauling Certificate shall be prepared by each Owner that Collects Recyclable Materials generated on its Non-Residential Property and transports such materials to a Recycling Facility. A Self-Hauling Certificate also shall be prepared by each Owner that allows a not-for-profit Person to Collect and transport Recyclable Materials generated on the Owner's Non-Residential Property. A Self-Hauling Certificate does not have to be prepared by an Owner that hires a Contractor to Collect and transport all of the Recyclable Materials 10 JAN 2 ? 200 , generated on the Owner's Non-Residential Property. B. A Self-Hauling Certificate shall be prepared by each Generator that Collects and transports its Recyclable Materials to a Recycling Facility. A Self-Hauling Certificate also shall be prepared by each Generator that allows a not-for-profit Person to Collect and transport the Generator's Recyclable Materials. A Self-Hauling Certificate does not have to be prepared by a Generator that hires a Contractor to Collect and transport all of the Generator's Recyclable Materials. C. If a Generator must prepare a Self-Hauling Certificate pursuant to Subsection 15.B, above, the Generator shall provide the Self-Hauling Certificate to the Owner on or before July 1 in 2005 and each year thereafter. D. The Owner' shall file the Self-Hauling Certificate(s) with the County Manager pursuant to Section 7 of this Ordinance. E. The County Manager shall create a standard form that shall be used as a Self-Hauling Certificate. The form shall request the information specified by the County Manager, including the following: 1. The name, address and telephone number of the Person preparing the Self- Hauling Certificate. 2. The address of the Non-Residential Property where the Recyclable Materials are generated. 3. The names of the Generators whose Recyclable Materials will be transported pursuant to the Self-Hauling Certificate. A brief description of the activity or activities generating the Recyclable Materials. 5. 6. A list of the types of Recyclahle Materials that will be transported. The amount, if any, of Recyclable Material that was taken from the Non- Residential Property to a Recycling Facility during the preceding year, pursuant to a Self- Hauling Certificate, and the name and address of the Recycling Facility. 7. The name and address of the Recycling Facility to which the Recyclable Materials will be transported in the future. F. The County Manager is authorized to inspect any commercial vehicle, equipment or container used to transport Recyclable Materials in the County to ensure that they do not cause litter or pollution. 11 G. The County Manager may revoke a Self-Hauling Certificate if the County Manager determines, after providing notice and an opportunity for a hearing, that the self-hauling activities violate this Ordinance or an applicable local, state or federal law. SECTION SIXTEEN: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance when an Owner, Generator or other Person dmnonstrates that the application of the Ordinance would create a Substantial Hardship. B. Any Owner or Generator who demonstrates that, due to site specific conditions, the Owner or Generator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier .County Land Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section 2.7.5 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance from the requirements of this Ordinance. C. An application for an administrative variance pursuant to Subsections A or B, above, shall be submitted to the County Manager on such forms as the County Manager may prescribe. An application for a variance from the County's Land Development Code pursuant to Subsection B above shall be governed by Section 2.7.5 of the Collier County Land Development Code. The fees for variances granted pursuant to this section shall be established by the Board by resolution. SECTION SEVENTEEN: Penalties. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall not seek any penalties for violations of this Ordinance that occur within twelve months of the effective date of this Ordinance. Thereafter, the Board shall have the power to enforce the provisions of this Ordinance through the County's code enforcement board. SECTION EIGHTEEN: Appeals., A. The County Manager is hereby granted the authority to resolve any questions concerning the proper interpretation and application of this Ordinance. B. Any decision of the County Manager under this Ordinance may be appealed to the Board. Any appeal shall be initiated by filing a written petition with the County Manager within ten (10) days after the County Manager issues a written decision concerning the matter in 12 No. Pg. I~ dispute. The petition shall describe the facts and issues in dispute and shall explain why the petitioner is entitled to relief. The petition shall be presented to the Board for its consideration as expeditiously as possible, but the petitioner shall be given at least ten (10) days advance notice of the Board's meeting concerning the petition. At the Board's meeting, thc petitioner shall have the burden of proving that it is entitled to the relief requested. SECTION NINETEEN: Severability.. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION TWENTY: Repeal of Conflictine Ordinances. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict, or waived when the subject of a variance granted pursuant to Section 16 of this Ordinance. SECTION TWENTY ONE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbcred or relcttered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY TWO: Effective Date. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:, , Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney h :RN Z~Ord%Non ResidenlialRecyclin gOrd 14 '~o._Zo ~ Pg.J_7 EXHIBIT 2 EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONER8 E GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE WASTE MANAGEMENT DEPARTMENT OF A SIX MONTH PRO REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLlSl MANDATORY NON.RESIDENTIAL RECYCLING PROGRAM W]THI UNINCORPORATED AREAS OF COi. LIER COUNTY .~~.~: TO present the Collier County (County) Beam of County Commissioner with a progreea report on volunlary Non-Re$identtal Recy~l[ng Inltlat[ve fo~ review. CONSIDERATION: On May 28, 2002 ~he Board proposed "Adopt the provl$1on$ of Residential ReD.ling Ordinance (Ordinance) at a frarne~rk that w~ll be mv~aited 18 mc now an6 in tine InLerlrn, a marketing plan put together by the Naples Area Chamber of C and the $ot[d Waste Management DepsrtrnenL,.' for the ~urpoae of en¢oura§ir~g volunteer baals, v~tiq Joint progress reports due to [he Board by Jsrtuaty, 2003, (six n Joint rnnlcl-[errn report clare to the tSoard by June 2003 (twetve months) and tuna[ report for nD.action if the volunteer program does not succeed. Is due to t.l~a Board by Deoen (eighteen rnonths),The $(311d Waste Martagamerff. DeparLment (Department), .In coope; the Naptea Aras Chamber of Comrner=e (Chamber) now bring; the first progress Board (Exhll3tl 1), FISCAL. INIPACT: None GROWTH MANAGEMENT IMP. ACT: None RI~CO_M_ MEN DATION: That the Board review the eix-month progress report of vol~. Non. Realcle~ltla[ Re~ling InElative, SUBMITTED BY: ,-~'~-~ ~ e.L,,_.. Date: I::)erfit;e Kirk~ Wmote R~cl~otion & Recycling tdan.~ger, 80ltd Wa,to Martag~ment Department REVIEWED aY: ~~'- ;?-'---t["'"'"-'~ Date: ~/'~ ---G. Ge~rg'e YUrnaz, P~.D., P,E., P.H.,'R,E,~, Director, Solid Waste ~~nt De~ent 1~ Utilities ~mlnis~ator / ~. /~ JAN Interim Progress Report Voluntary Non-Residential Recycling Initiative January 2003 Greater Naples Chamber of Commerce and Solid Waste Management Department GOAL: To increase the commercial participation rates and current commercial recycling rates through sustainable, ecologically sound and cost-effective methods toward extending the life of the Collier County landfills. APPROACH: The Greater Naples Area Chamber of Commerce (Chamber) and the Solid Waste Management Department (Department) are jointly developing a marketing and outreach plan to promote voluntary non-residential recycling that is both beneficial to the business community and meets the County's goal of increasing non-residential recycling participation and preserving landfill capacity. The Chamber and the Department have met on numerous occasions and have communicated numerous times via mail, telephone, facsimile, and e-mail to discuss methods to increase non-residential recycling on a voluntary basis. BACKGOUND/CONSIDERATIONS: During the March 27, 2001 Board meeting, the Department was directed to develop a Mandatory Non-Residential Recycling Ordinance (Ordinance) with the goal to increase recycling participation amongst the business community. The Department developed the Ordinance over a period of 14 months to allow time to study the financial impacts to businesses as well as to discuss concerns with business groups and interested citizens. During this period, the Department met extensively with public and private interest groups and conducted a pilot study using representative businesses. In addition, the Department performed a benefit/cost analysis to quantify the financial impacts to businesses. The Ordinance, which incorporated many of the comments received from the various interest groups, was presented to the Board for adoption on May'28, 2002. The Board voted to postpone the adoption of the proposed Ordinance and decided to instead allow non-residential recycling to continue on a voluntary basis for 18 months. The Board directed the Department to provide technical assistance to the Chamber in support of developing a marketing plan to inform and educate businesses in the County about the benefits of recycling. As part of this decision, the Board requested that the Chamber and the Department provide three status updates at six-month intervals during the 18-month period. This IPR is the first of three scheduled status updates over the next 12 months. HISTORY: Opportunities for business recycling have existed in Collier County for many years. Larger businesses have found an economy of scale that made pursuing recycling options cost effective. County Recycling Centers are used bY small businesses. AC~I~DA no. io ... JAN 2 7 To encourage business recycling, the Chamber and the Economic Development Council of Collier County (EDC), in partnership with the Department, developed and implemented a business recycling program in 1995. At that time the Chamber/EDC Coalition for Government Affairs had an Environmental Policy Committee. This committee, with wide representation from business, government and environmental not- for-profit organizations, including the recycling coordinator for the Department, developed criteria for nominating businesses to receive the "Business Recycler of the Month" award. Nominated businesses were ranked and voted on monthly by the committee. Presentation plaques, paid for by a state grant written by the Department, were formally presented to each business. Acknowledgement and a photograph of the monthly winners were published in the Chamber Currents. Media coverage was sought from the Naples Daily News. The program started with the first award in September 1995, and continued thrOUghout 1996 and into 1997. A partial list of recipients include the United States Post Office, Naples Daily News, Ritz-Carlton Naples, Wilson Miller Barton & Peek, Inc., Colliers Reserve, Sam's Club, Verlo of Naples, Publix, The Conservancy, McDonalds and Tuff Publications. The program drifted to a close for a variety of reasons including the termination of state grant funds for award plaques, change of the staff in Department and subsequently at the Chamber. CURRENT BUSINESS RECYCING: The EDC provided the Chamber with a list of the one hundred largest employers in Collier County. This list is produced and maintained by Dun & Bradstreet and purchased from them by the EDC. Several businesses were eliminated for a variety of reasons. One was a-membership not-for-profit with no employees and several had small local offices with employee payrolls reflecting out-of-County staff such as the State Attorney's office and a staff leasing firm. To the greatest extent possible these businesses were contacted to determine the extent of their current recycling efforts. A "Recycling Interview Form" was completed for each business contacted providing contact names and telephone numbers, items recycled, and, when possible, the method of recycling used. Information was requested on recycling of aluminum, cardboard, glass, ferrous metals, office or mixed paper, newspaper, non- ferrous metals, plastic and other items. The majority of businesses contacted already recycled multiple items. In general, the data showed that the larger the business the more active and extensive the recycling effort. One major exception is the Collier County Public Schools. There is currently no distric[- wide recycling policy. An analysis was performed four years ago of district-wide recycling possibilities. The conclusion at that time was that such a program would be cost prohibitive. All thirty-eight schools/sites function autonomously and vary widely from ~o. /O JAN 2 7 200 aggressive programs to no recycling. The City of Naples provides recycling pick-up to all schools in the city. The businesses interviewed employed from 4,400 employees (Collier County Public Schools) to 100 employees. In the smaller companies frustration was ot'ten expressed with regard to opportunities and options for recycling. Many wanted to "do the right thing" but were unsure of how to proceed. Some businesses had recycled in the past but no longer did so due to changing conditions including loss of haulers, increased costs, and staff support. Interestingly, many smaller businesses recycle through staff efforts to transfer materials to the residential curbside program. Some aluminum is actively sought by not-for-profits for income including Collier County Domestic Animal Services, Conservancy of Southwest Florida Wildlife Animal Rehabilitation Clinic and some churches. The Chamber conducted research that included the distribution of an fax survey to member businesses. They were asked for information regarding their knowledge of recyclable materials, their current level of participation and their interest in starting or increasing their office recycling. Key information garnered from this survey include that nearly half of the member businesses responding already recycle voluntarily. Additionally, an overwhelming majority of member businesses responded that they would participate in a Countywide initiative to voluntarily increase recycling by area businesses. The climate in the business community of Collier County today is proactive and pro-recycling. Businesses are looking for positive solutions and will be receptive to marketing and outreach efforts. It should be noted that the commercial sector is responsible for generating approximately 60% of the solid waste generated in the County, based on nationwide data provided by FDEP, yet in calendar year 2001, the commercial sector accounted for less than 40°,/o of recycled material. This indicates that there is a significant opportunity to increase both recycling participation and recycling diversion in the County. As a quarterly reliable indicator, County will use data obtained from the largest hauler in Collier County, Waste Management, Inc. Florida (WMIF) to monitor the progress since statewide data is reported by FDEP annually, not on a quarterly basis. On an annual basis, FDEP data will be used as part °f annual progress in addition to data from the two County contracted waste haulers Waste Management, Inc. and Immokalee Disposal, Inc. Number of *businesses WMIF provided garbage pick up for 2001 = 3,951 Number of*businesses WMIF provided garbage pick up for 2002= 4,157 Number of*businesses WMIF provided recycling pick up for 2001 = 637 Number of*businesses WMIF provided recycling pick up for 2002 = 662 *Permanent, not temporary (non-franchised) business customers no. /O JAN 2 7 20or, PG. ~,,~7/ Non-residential recycling participation rate for 2001 = 16.1% Non-residential recycling participation rate for 2002 = 15.9% Naples, Marco and Carnestown Recycling Centers Show a 1% increase of recycling drop off(632) customers from 2001 to 2002. Number of recycling customer visits for 2001 = 13,881 Number of recycling customer visits for 2002 -- 14,513 It can be concluded that there is a decreasing trend in voluntary business recycling. ACTION PLAN:., The Department will continue to meet with the Chamber to refine and. help deploy the Marketing Plan. Thus far, the following list represents the status of the Action Plan: Completed · County/Chamber jointly reviewed business recycling data · County provided small business volunteer waste audit program materials through and contact to Keep Collier Beautiful · County collected and provided to Chamber, business recycling education materials from neighboring counties · County created and provided outreach materials to Chamber for distribution · County created and distributed recycling/waste reduction print materials · County website posting; business recycling information · County created and aired public service announcements on County Channel 11/16 · County funded multi-media advertising/public education campaign · County expanded recycling centers targeted at business recycling drop off · County placed new containers for recycling materials drop off at Carnestown Recycling Center · County-owned and serviced cardboard recycling drop off containers (12) · County in-house recycling program expansion · County hazardous waste and waste tire round up events · County staff solicits and responds to requests for speaking engagements and presentations by County staff to schools, service and community organizations Chamber faxed information gathering survey to membership list Chamber Chamber initiative Chamber Chamber Chamber established non-residential recycling review committee retained consultant to assist in non-residential voluntary recycling interviewed largest employers in County had meetings with Zero Waste of Collier County developed preliminary marketing plan MARKETING PLAN: County staff continuously markets recycling through 24-hour recycling telephone hotline and websites, multi-media advertising campaigns, brochures, posters, publications, media interviews, promotional materials, presentations to community service clubs, schools and ~o. 3A/t 2 7 211114 other organizations. Broad-based community-wide participation will be the key to the success of a non-residential recycling program. MEASURABILITY: County and Chamber staff identified three reliable, cost-effective methods of measuring progress: 1) Franchise Participation Rate: equal to number of businesses provided recycling pick-up by County franchisees divided by number of businesses provided garbage pick- up by County franchisees. 2) County Recycling Centers: number of commercial drop-off visits. 3) Non-residential solid waste disposal rate: equal to number of businesses provided garage disposal by County franchisees divided by total non-residential tonnage. TIMELINE TI~e Chamber and the Department staff will jointly present two additional status reports at six-month intervals (June 2003 and January 2004). NO. ,JAN Co'er Coanty EXHIBIT 3 Memorandum To: From: Date: Subject: Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chairman, District 1 Frank Halas, Commissioner, District 2 Fred Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 James W. DeLony, P.E., Public Utilities Adminis~~' April 10, 2003 Voluntary Non-Residential Recycling Initiative Interim Progress Report on Performance Benchmarks Attached for your review is the Voluntary Non-Residential Recycling Initiative Interim Progress Report on Performance Benchmarks. This report has been prepared in response to the Board's request that the Greater Naples Chamber of Commerce and the Collier County Solid Waste Management Department report back to you with specific performance benchmarks and goals to measure the progress of voluntary non-residential recycling in the County. A comprehensive Interim Progress Report will be developed and formally pre§ented to the Board in June 2003. IfI can provide any additional information, please call me at 732-2540. Thank you. JWD:jm Cc: James V. Mudd, County Manager Leo Ochs, Deputy County Manager David C. Weigel, County Attorney Robert Zachary, Assistant County Attorney G. George Yilmaz, Solid Waste Management Director Ellie Krier, Naples Area Chamber of Commerce ~O. lO( ~ . Voluntary Non-Residential Recycling Initiative Interim Progress Report on Performance Benchmarks March 27, 2003 Greater Naples Chamber of Commerce and Collier County Solid Waste Management Department OBJECTIVE: During the January 28, 2003 Board of County Commissioners (Board) meeting, the Board requested that the Greater Naples Chamber of Commerce (Chamber) and the Collier County (County) Solid Waste Management Department (Department) report back with specific performance benchmarks and goals to measure progress of voluntary non-residential recycling in the County. The purpose of this Interim Progress Report (IPR) is to identify performance benchmarks and goals to measure progress over the next two reporting periods. A comprehensive IPR will be developed and formally presented to the Board in June 2003. MEASURABILITY: The Chamber and the Department have selected three reliable, cost-effective methods to measure non-residential recycling in the County.. These methods are identified below along with the performance benchmarks and goals. It should be noted that recycling data is collected from two sources: Waste Management, Inc. of Florida (WMIF) and the Department as noted below. Measure Franchise Participation Rate County Recycling Centers Non-Residential Recycling Rate Data Source Department WMIF Data from WMIF was selected as a reliable performance indicator for the franchise participation rate and the non-residential recycling rate. Waste Management, Inc. of Florida is the single largest source of non-residential data available in the County, and the quality of data is high. Data from the County was selected as a reliable performance indicator for the County recycling centers because they operate the facilities and can track use by customer type. Voluntary non- residential recycling goal ranges have been established in' consideration of comparable statistics from other Florida counties as well as recycling projections identified by the Chamber and the Department. As the selected goal ranges are challenging, yet achievable, it is suggested that progress be measured over the next nine (9) months, while ultimate success be considered in January 2004. Franchise Participation Rate Table 1 presents the franchise non-residential recycling participation indicator rate, measured as the number of businesses participating in available service divided by the number of businesses with available service. As stated above, the indicator data were obtained from WMIF. Success will be measured as achieving the target participation rate range over the reporting period. .o. /0 x~O~i I of 3 ] JAN 2 7 20Or, Table 1 Non-Residential Recycling Franchise Participation Indicator Rate Calendar Businesses Businesses Percent Ta,-$~t Participation Year Serviced1 Recyc!ing1;z Participation Goal ~ 2001 3,951 637 16.1% N/A 2002 4~ 157 662 15.9% N/A 2003a 4,393 604 13.8% N/A 20034 TBD6 TBD6 TBD6 ltl% - :20% 20035 ,rBD6 TBD6 TBD6 25% - ;t4}'/, County Recycline Centers Table 2 presents drop-off recycling trends at the Naples, Marco and Carnestown Recycling Centers. It is assumed that home-based business owners, as well as other businesses that would have been exempt t~om the non-residential recycling ordinance would use the County Recycling Centers. It should be noted that the Department will identify and document whether the recycling center customers are residential or non-residential beginning April 1, 2003. Because this measure addresses drop-off recycling, success will be measured as a net increase in non- residential customers over the reporting period. Table 2 Recycling Participation Trends at County Recycling Centers Fiscal Residential Recycling Non-Residential Recycling Total R~-y¢ling Year Center Customers Center Customers Center Customers 2001 N/A N/A 13,12:2 2002 N/A N/A 14,513 2003] TaD3 TaD3 ' 8~067 20032 TBD3 'I'BD3 TilIY~ (1) Custom~s fi.om a five (5) month fi~d reporting (2) Customers fi.om a twelve (12) month fiscal repo~ting p~iod (3) To Be Determined 2of3 JAN 2 7 200z PG. <:~t'/~ i i~m Non-Residential Recyclin~ Rate Table 3 presents the franchise non-residential recycling indicator rate, which is measured by the annual non-residential recycling tonnage divided by the non-residential waste disposed plus the non-residential recycling tonnage. As stated above, the indicator data were obtained from WMIF. Success will be measured as achieving the target recycling rate range over the repoffing period. Table 3 Non-Residential Recycling Indicator Rate Non-Residential Non-Residential Calendar Waste Disposed Waste R .e.~(cled Recycling Target Recycling Year (tons)~ (tons) Rate Rate Goal 2001 165,957 22,385 11.9% N/A 2002' 176,169 18,670 9.6% N/A 20032 46,301 2,863 5.8% N/A 20033 TBD~ TBD~ TBD5 10%- 14% 20034 TBD~ TBD~ TBD~ 18% - 22% (1) .as reported to the Department by WMIF via e-mail (: (2) Quarter I (january, February, and Mm'eh (projected)). (3) Quarters 1 and 2 (January, F¢lmmry, March, April, May, and June (l~rojeeted)). (4) Full Calendar Year. (5) To Be Determine& TIMELINE: The Chamber and Department staff will joimly present the second IPR in June 2003. 3of3 JAN 2 7 200 EXHIBIT 4 EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF A TWELVE-MONTH PROGRESS REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLISHING A MANDATORY NON-RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) with a progress report on voluntary Non-Residential Recycling initiative for review. CONSIDERATION: On May 28, 2002 the Board proposed "Adopt the provisions of the Non-Residential Recycling Ordinance (Ordinance) as a framework that will be revisited 18 months from now and in the interim, a marketing plan put together by the Naples Area Chamber of Commerce and the Solid Waste Management Department..." for the purpose of encouraging recycling on a voluntary basis, with joint progress reports due to the Board by January, 2003, (six months), a joint mid-term report due to the Board by June 2003 (twelve months) and final report for action, or no-action if the voluntary program does not succeed, is due to the Board by December 2003 (eighteen months).The Solid Waste Management Department (Department), in cooperation with the Naples Area Chamber of Commerce (Chamber) now brings the second progress report to the Board (Exhibit 1). FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board review the twelve-month progress report on the voluntary Non-Residential Recycling initiative. Date.O'/~ SUBMITTED BY~,c,.%'~(~~'--- In RecyclingManagerl Denise Kirk, ~aste~Reduct'o & Solid Waste Management Department REVIEWED BY: G. George Yilmaz, Ph.D.,~ch P.H., R.E.~'. Dlre.ct.gr, Solid Waste l~nage-/nent Department APPROVED ~'y;~z.._~,~ '~/~-~'~' in istrator" ' '~-~/ /"~lames W. Detony, P.E., A, CCn'' ' ..// ,,~blic Utilities Division / I Interim Progress Report Voluntary Non-Residential Recycling Initiative June 2003 Greater Naples Chamber of Commerce and Solid Waste Management Department GOAL: To increase the commercial participation rates and current commercial recycling rates through sustainable, ecologically sound and cost-effective methods toward extending the life of the Collier County landfills. APPROACH: The Greater Naples Area Chamber of Commerce (Chamber) and the Solid Waste Management Department (Department) are jointly developing a marketing and outreach plan to promote voluntary non-residential recycling that is both beneficial to the business community and meets the County's goal of increasing non-residential recycling participation and preserving landfill capacity. BACKGROUND/CONSIDERATIONS: During the March 27, 2001 Board of County Commissioners (Board) meeting, the Department was directed to develop a Mandatory Non-Residential Recycling Ordinance (Ordinance) with the goal to increase recycling participation amongst the business community. The Depariment developed the Ordinance over a period of 14 months to allow time to study the'financial impacts to businesses as well as to discuss concerns with business groups and interested citizens. During this period, the Department met extensively with public and private interest groups and conducted a pilot study using representative businesses. In addition, the Department performed a benefit/cost analysis to quantify the financial impacts to businesses. The Ordinance, which incorporated many of the comments received from the various interest groups, was presented to the Board for adoption on May 28, 2002. The Board voted to postpone the adoption of the proposed Ordinance and decided to instead allow non-residential recycling to continue on a voluntary basis for 18 months. The Board directed the Department to provide technical assistance to the Chamber in support of developing a marketing plan to inform and educate businesses in the County about the benefits of recycling. As part of this decision, the Board requested that the Chamber and the Department provide three status updates at six-month intervals during the 18-month period. The first Interim Progress Report (IPR) was presented to the Board on January 28, 2003. This IPR is the second of three scheduled status updates. MEASURABILITY: Three reliable, cost-effective methods of measuring progress were identified by the Chamber and Department staff and reported in the last IPR. These were: 1) Franchise Participation Rate 2) County Recycling Centers 3) Non-Residential Recycling Rate Discussion at the Board meeting on January 28, 2003 concerned the development of specific performance benchmarks. The Chamber and Department staff developed a "Voluntary Non- Residential Recycling Initiative Interim Progress Report on Performance Benchmarks" which was sent to the Board on April 10, 2003. Of the three measures, two use data provided by Waste Management, Inc. of Florida (WMIF) and one measure uses data collected by the Department. The WMIF data was selected because of their status as the County's franchisee and the single largest source of non-residential data, and the accuracy of the data are known to be high. However, it should be noted that this data is an indicator only as area businesses serviced by WMIF as their commercial hauler have at least twenty-four other haulers available to them in Collier County for recyclables. The Department collects the measurement data at the Naples, Marco, and Carnestown Recycling Drop-Off Centers by using a customer survey designed to differentiate between non-residential and residential uses and administered by Department staff at the entry stop point. In keeping with Board direction and Department goals, the three standards of measurement did not incur a cost other than staff time to aggregate and present the data. PERFORMANCE BENCHMARKS The Performance Benchmarks submitted to the Board in April have been updated and are presented below. Franchise Participation Rate Table 1 presents the franchise non-residential recycling participation indicator rate, measured as the number of businesses participatin, g in available service divided by the number of businesses with available service. As stated above, the indicator data were obtained from WMW. Success will be measured as achieving-the target participation rate range over the reporting period. Table 1 Non-Residential Recycling Franchise Participation Indicator Rate Calendar Businesses Businesses Percent Target Participation Year Serviced~ Recycling~2 Participation Goal 2001 3,751 378 10.1% N/A 2002 3,910 412 10.5% N/A .... 20033 3,966 412 10.4% N/A 20034 I 4,015 415 10.3% 15% - 20% 2003~ TBD{, TBD6 TBD~ 25% - 30% (2) (3) (4) ~5) As reported to the Deparunent by WMI~ via e-mail (6/1 !/03) Permanent, not temporary (non-franchised) business customers serviced by WMIF. Quarter I (January, February, March) Quarters 2 (April, May, and June (projected)). Quarters 4 (October, November, and December (projected)). To Be Determined. 2 County Recycling Centers, Table 2 presents drop-off recycling trends at the Naples, Marco and Carnestown Recycling Centers. It is assumed that home-based business owners, as well as other businesses that would have been exempt from the non-residential recycling ordinance, would use the County Recycling Centers. It should be noted that the Department will identify and document whether the recycling center customers are residential or non-residential beginning April 1, 2003. Because this measure addresses drop-off recycling, success will be measured as a net increase in non- residential customers over the reporting period. Table 2 Recycling Participation Trends at County Recycling Centers Fiscal Residential Recycling Non-Residential Recycling Total Recycling Year Center Customers Center Customers Center Customers 2001 N/A N/A 13,122 2002 N/A N/A 14,513 2003~ 12,238 776z 13,014 20033 TBD4 TBD4 TBD-~ (1) (2) (3} Customers from an eight (8) month fiscal reporting period. Data on business vs. residential usage collected since April of 2003. Customers from a twelve (12) month fiscal reporting period. To Be Determined Non-Residential Recycling Rate Table 3 presents the franchise non-residential recycling indicator rate, which is measured by the annual non-residential recycling tonnage divided by the non-residential waste disposed plus the non-residential recycling tonnage. As stated above, the indicator data were obtained from WMYF. Success will be measured as achieving the target recycling rate range over the reporting period. Table 3 Non-Residential Recycling Indicator Rate Non-Residential Non-Residential Calendar Waste Disposed Waste Recycled Recycling Target Recycling Year (tons)z (tons)~ Rate Rate Goal 2001 165,957 22,385 11.9% N/A 2002 176,169 18,670 9.6% N/A 20032 46,301 2,863 5.8% N/A 20033 88,301 5,263 5.6% 10% - 14% 20034 TBD~ TBD~ TBD~ I 18% - 22% 1) (2) (3) (4) (5) As reported to the Department by WMIF via e-mail (6/11/03) Quarter I (January, February., and Marchl. Quarters 1 and 2 (January. February, Mm-ch, April, May, and June (projected)). Full Calenda~ Year. To Be Determined. MARKETING PLAN: County staff continuously markets recycling through 24-hour recycling telephone hotline and 1. l:^^*;~c, lm.a~Cll ~I interviews. ad e i ng promotional materials, presentations to co--un y service clu s, l~/0 P~'-' ~/~ - I · organizations. Broad-based community-wide participation will be the key to the success of a non-residential recycling program. The Department continues to conduct business site visits information. Since the last interim reporting period, which closed in January of 2003, approximately 129 businesses have been contacted. The site visit strategy targets larger retail/corporate stores first, then smallerstores in strip malls and industrial areas. The next phase of site visits will target offices/office complexes, banks, grocery stores, and hotels. Of the 129 businesses visited, 88 are recycling (68%). However, the majority of businesses visited were corporate stores such as Walmart, Walgreens, Home Depot, Lowe's, Eckerd, K- Mart, Best Buy, CostCo and PetSmart. The material recycled at most locations is cardboard. It should be noted that in most cases decisions on recycling are made at the corporate level. It was found that many smaller businesses such as 5th Ave. Coffee Company, #1 Hair and Nails, Affordable Framing & Art, Berkshire Veterinary Hospital and Global Title Company, were not recycling. Reasons cited included: .property management doesn't supply containers, too much trouble, too busy, not interested, etc. It should be noted that some smaller businesses take materials home to be recycled. The Chamber has focused on industry associations to reach the greatest number of large businesses. These include the Association of Legal Administrators, Collier Building Industry Association (CBIA), Economic Development Council, Gulfcoast Chapter of Paralegal Association of Florida, Naples Area Board of Realtors, Collier County Restaurant Association, Hotel Motel Association as well as their own membership. Both the Chamber and the Collier Building Industry Association will provide complimentary booths for business recycling information at their trade shows in August and October respectively. Newsletter material is being provided to industry and membership publications. An insert will be mailed to all businesses in their occupational license renewal form in the fall providing information about recycling options. A logo is being designed for use .by businesses that recycle. Additionally, although there are no formal associations for the industrial parks in the County, efforts are being made to organize informal meetings at which recycling information will be co-presented. Increased diversion of commercial waste is also succeeding through a partnership between the Immokalee Friendship House and the CBIA. They developed the La Casa Shop in Immokalee, a resale shop for home building mate'ials adjacent to the Friendship House. Staffed by CB1A volunteers, and open on Saturday, the shop accepts used building materials, primarily from model homes and remodeling, for resale at greatly reduced prices. The result is diversion of material from the landfill, affordably priced home building materials, and income to the Friendship House. ACTION PLAN: The Department will continue to meet with the Chamber to refine and help deploy the Marketing Plan. Thus far, the following list represents the status of the Action Plan: Completed and Ongoing · County/Chamber jointly reviewed business recycling data · County provided small business volunteer waste audit program materials through and contact to Keep Collier Beautiful County collected and provided to Chamber, busines ' recycling education materials from neighboring counties · County created and provided outreach materials to Chamber for distribution · County created and distributed recycling/waste reduction print materials · County website posting; business recycling information · County created and aired public service announcements on County Channel 11/16 · County funded multi-media advertising/public education campaign · County expanded recycling centers targeted at business recycling drop off · County placed new containers for recycling materials drop off at its Recycling Centers · County-owned and serviced cardboard recycling drop off containers (12) · County in-house recycling program-expansion · County hazardous waste and waste tire round up events · County staff solicits and responds to requests for speaking engagements and presentations by County staff to schools, service and community organizations · County taped "In the Spotlight" on Channel 11/16 focusing on solid waste and recycling information and issues · County staff site visits to businesses · County coordination with Ave Maria University developers to integrate waste reduction and recycling programs at the development stage · County researched Collier schools recycling rate and met with district facilities management, sent letter to superintendent of schools to arrange meeting to discuss district-wide recycling program · Chamber faxed information gathering survey to membership list · Chamber established non-residential recycling review committee · Chamber retained consultant to assist in non-residential voluntary recycling initiative · Chamber interviewed largest employers in County · Chamber had meetings with Zero Waste of Collier County · Chamber completed marketing plan · Chamber created Speakers Bureau to augment Department efforts Next Steps: · Develop'recycling logos for use by businesses that recycle · Coordinate two trade show booths · Produce insert for occupational tax renewal mailer · Place organization newsletter pieces · Generate articles for publication on successful ! n0._ /o · Continue outreach to industrial parks Presentation before District School Board of Collier County for institution-wide recycling program Additional meetings with Ave Maria developers for integrated solid waste handling, recycling and waste reduction program ~mtmnon TIMELINE: The Chamber and the Department staff will jointly present one final status report in December 2003. 6 AGENDA ITF~ JAN 2 7 200~ EXHIBIT 5 Final Progress Report Voluntary Non-Residential Recycling Initiative January 2004 Greater Naples Chamber of Commerce and Solid Waste Management Department GOAL: To increase the non-residential (commercial) recycling participation rates and commercial recycling materials rates through sustainable, ecologically sound, and cost-effective methods toward extending the life of the Naples Landfill. APPROACH: The Greater Naples Chamber of Commerce (Chamber) and the Solid Waste Management Department (Department) jointly developed a marketing and outreach plan to promote voluntary commercial recycling that is both beneficial to the business community and meets the County's goal of increasing commercial recycling participation and preserving landfill disposal (airspace) capacity. BACKGROUND/CONSIDERATIONS: On March 27, 2001 the Board of County Commissioners (Board) instructed the Department to prepare an ordinance that requires commercial establishments to recycle a variety of recyclable materials. Accordingly, the Department, together with the County Attorney's Office and special legal counsel, prepared a proposed Non-Residential Recycling Ordinance (Ordinance) that would enable the County to preserve limited disposal (airspace) capacity at the Naples Landfill, while achieving the best and highest use of resources and pursuing environmental stewardship. The Ordinance was developed over a period of 14 months to allow time to study the financial impacts to businesses as well as to discuss concerns with business groups and interested citizens. During this period, the Department met with public and private interest groups and conducted a pilot study using representative businesses. In addition, the Department performed a benefit/cost analysis to quantify the financial impacts to businesses. The proposed Ordinance incorporated many of the comments received from the various business and citizen groups. On May 28, 2002 the County Attorney's Office and the Department presehted the Ordinance to the Board. At that time, the Board also heard opposition to the Ordinance from business and citizen groups. Following the presentation and public comment, the Board, by a majority vote, denied the motion to approve the Ordinance. However, a second motion was approved to utilize the Ordinance's provisions as a framework for voluntary commercial recycling over the next 18 months and to develop a marketing plan with established goals to monitor progress. After 18 months, the Board would then consider adopting the ordinance if voluntary commercial recycling did not meet the established goals. The Board challenged the Chamber to develop a marketing plan with support provided by the Department. In addition, the Board requested interim progress reports (IPR) from the Chamber and the Department on a six-month basis. The Chamber and the Department presented the first joint IPR to the Board on January 28, 2003. At that time, the Board requested that the Chamber and the Department develop joint performance benchmarks and goals that the Board can use to monitor the success of the voluntary commercial recycling initiative. The joint performance benchmarks and goals were provided to the Board on April 10, 2003. The second IPR was presented to the Board on June 24, 2003. The Department, in cooperation with the Chamber, now brings the third and final progress report to the Board. MEASURABILITY: Three reliable, cost-effective methods of measuring progress were identified by the Chamber and Department staff and reported in the first IPR. These were: 1) Franchise Participation Rate 2) County Recycling Centers 3) Non-Residential Recycling Rate Discussion at the Board meeting on January 28, 2003 concerned the development of specific performance benchmarks. The Chamber and Department staff developed a "Voluntary Non- Residential Recycling Initiative Interim Progress Report on Performance Benchmarks" which was sent to the Board on April 10, 2003. Of the three measures, two used data provided by Waste Management, Inc. of Florida (WMIF) and one measure uses data collected by the Department. The WMIF data was selected because of its status as the County's franchisee and the single largest source of non-residential solid waste and recycling data, and the accuracy of the data are known to be high. However, it should be noted that the data are indicators only as area businesses serviced by WMIF as their commercial waste hauler have at least twenty-seven other haulers available to them in the County for recyclables. The Department collects the recycling center measurement data at the Naples, Marco, and Carnestown Recycling Drop-Off Centers by using a customer survey designed to differentiate between non-residential and residential uses and administered by Department staff at the entry stop point. In keeping with Board direction and Department goals, the three standards of measurement did not incur a cost other than staff time to aggregate and present the data. PERFORMANCE BENCHMARKS The Performance Benchmarks submitted to the Board in April 2003 have been updated and are presented below. Franchise Participation Rate Table 1 presents the franchise non-residential recycling participation indicator rate, measured as the number of businesses participating in available service divided by the number of businesses with available service. As stated above, the indicator data were obtained from WMIF. Success will be measured as achieving the target participation rate range over the reporting period. NO. JAN Table 1 Non-Residential Recycling Franchise Participation Indicator Rate Calendar Businesses Businesses Percent Target Participation Year Serviced] Recycling]'2 Participation Goal 2001 3,751 378 10.1% N/A 2002 3,910 412 10.5% N/A 20033 3,966 412 10.4% N/A 20034 4,015 415 10.3% 15% - 20% 20032 4,182 423 10.1% 25% - 30% (1) As reported to the Department by WMIF via e-mail (12/03) (2) (3) (4) (5) Permanent, not temporary (non-franchised) business customers serviced by WMIF. Quarter 1 (January, February, March) Quarter 2 (April, May, and June) Quarters 3 and 4 (July, August, September, October, November, and December) County Recycling Centers Table 2 presents drop-off recycling trends at the Naples, Marco, and Camestown Recycling Centers. It is assumed that home-based business owners, as well as other businesses that would have been exempt from the non-residential recycling ordinance, would use the County Recycling Centers. It should be noted that the Department will identify and document whether the recycling center customers are residential or non-residential beginning May 1, 2003. Because this measure addresses drop-off recycling, success will be measured as a net increase in non- residential customers over the reporting period. Table 2 Recycling Participation Trends at County Recycling Centers Calendar Residential Recycling Non-Residential Recycling Total Recycling Year Center Customers Center Customers Center Customers 2001 N/A N/A 15,0682 2002 N/A N/A 15,2342 Jan-Apr ' 03 N/A N/A 6, 831 May '03 1,586 351 1,937 June '03 1,562 455 2,017 July '03 1,312 483 1,795 Aug '03 1,275 467 1,742 Sept '03 1,075 443 1,518 Oct '03 1,439 562 2,001 Nov '03 857 470 1,327 Dec '03 1,095 446 1,541 2003 10,201 ~ 3,677] 20,709: (1) (2) Usage data collected May through December 2003. Annual usage data. AGENDA [T£# ~.../,P ~..~ .**~ JAN 2 1"200 Non-Residential Recycling Rate Table 3 presents the franchise non-residential recycling indicator rate, which is measured by the annual non-residential recycling tonnage divided by the sum of the non-residential waste disposed plus the non-residential recycling tonnage (total waste stream). As stated above, the indicator data were obtained from WMIF. Success will be measured as achieving the target recycling rate range over the reporting period. Table 3 has been revised to reflect the elimination of multi-family waste disposed. In prior IPRs, non-residential waste disposed (tons) included multi-family waste. Table 3 Non-Residential Recycling Indicator Rate Non-Residential Non-Residential Calendar Waste Disposed Waste Recigcled Recycling Target Recycling Year (tons)1 (tons) Rate Rate Goal 2001 151,922 22,385 12.8% N/A 2002 166,156 18,670 10.1% N/A 20032 47,826 5,488 10.3% N/A 20033 91,364 10,352 10.2% 10% - 14% 20034 162,873 21,341 11.6% 18% - 22% (2) (3) (4) As reported to the Department by Quarter I (January, February, and March), multi-family excluded. Quarters 1 and 2 (January, February, March, April, May, and June), multi-family excluded. Full Calendar Year. (January - December), mull-family excluded. MARKETING PLAN: The marketing plan has evolved since January of 2003. While certain marketing initiatives have commenced during specific IPR periods, the following presents a summary of activities over the past 18 months. County staff continuously markets recycling through 24-hour recycling telephone hotline and websites, multi-media advertising campaigns, brochures, posters, publications, media interviews, promotional materials, presentations to community service clubs, schools and other organizations. Broad-based community-wide participation will be the key to the success of a non-residential recycling program. The Department continues to conduct business site visits. Since the last interim reporting period, which closed in June of 2003, a total of 244 business accounts were visited and provided information packets. Phone contacts were made to 70 of those businesses to follow up on the information gathered. The site visit strategy initially targeted larger retail/corporate stores, followed by smaller stores in strip malls and industrial areas and then offices/office complexes, industrial areas and auto dealers. Future efforts will target banks, restaurants and hotels. no../o ~.~ ~ JAN 2 ? 2004 Of 244 businesses visited, 118 are doing some recycling (48%). The majority of businesses visited in the first phase were corporate stores. The material recycled at most locations is cardboard. It should be noted that in most cases decisions on recycling are made at the corporate level and property management level. It was found that many smaller businesses were not recycling. Reasons cited included: property management does not supply containers, too much trouble, too busy, not interested, etc. It should be noted that some smaller businesses take materials home, to County recycling facilities, or to one of twelve dedicated cardboard drop-off locations to be recycled. The Chamber has focused on industry associations to reach the greatest number of large businesses. These include the Association of Legal Administrators, Collier Building Industry Association (CBIA), Economic Development Council, Gulfcoast Chapter of Paralegal Association of Florida, Naples Area Board of Realtors, Collier County Restaurant Association, Hotel Motel Association as well as their own membership. Both the Chamber and the Collier Building Industry Association provided complimentary booths on business recycling information at their trade shows in August and October respectively. Newsletter material is being provided to industry and membership publications. An insert was mailed to all businesses in their occupational license renewal form providing information about recycling options. Three articles on business recycling were published in the Chamber's "Currents" newsletter, including a separate insert with the list of recycling companies servicing businesses in the County, as compiled by Department staff. A letter requesting information on the number of customers served and tonnages collected was mailed to recycling companies servicing business in the County. A logo is being designed for use by businesses that recycle. Additionally, although there are no formal associations for the industrial parks, banks or restaurants in the County, efforts are being made to organize informal meetings at which recycling information will be co-presented. ACTION PLAN: The action plan relates to specific activities that were performed in furtherance of the voluntary commercial recycling initiative since January of 2003. For cas6 of reference, the activities are presented by IPR periods. Completed January 2003 (6-month IPR) · County provided small business volunteer waste audit program materials and informational package to the Chamber · County collected and provided business recycling education materials from neighboring counties to Chamber · County created and provided outreach materials to Chamber for distribution · County created and distributed recycling/waste reduction print materials to businesses JAN 2 7 200 PG.,.-~r~ _ · County posted business recycling information to its website · County created and aired public service announcements on County Channel 11/16 · County funded multi-media advertising/public education campaign with an emphasis on commercial recycling · County expanded recycling centers targeted at business recycling drop off · County placed new recycling containers at Carnestown Recycling Center · County expanded its in-house recycling program · County hosted hazardous waste and waste tire round up events · County staff provided recycling presentations to schools, service and community organizations · County/Chamber jointly reviewed business recycling data · Chamber faxed information gathering survey to membership list · Chamber established'non-residential recycling review committee · Chamber retained consultant to assist in non-residential voluntary recycling initiative · Chamber interviewed largest employers in County as detailed in the Marketing Plan section · Chamber met with Zero Waste of Collier County · Chamber developed preliminary marketing plan June 2003 (12-month IPR) · County taped "In the Spotlight" on Channel 11/16 focusing on solid waste and recycling information and issues · County staff performed site visits to businesses · County expanded, improved recycling centers, increasing volume limits and materials accepted · County coordinated ~vith Ave Maria University developers to integrate waste reduction and recycling programs at the development stage · County researched Collier schools recycling rate and met with district facilities management, sent letter to superintendent of schools to arrange meeting to discuss district-wide recycling program · Chamber completed marketing plan · Chamber created Speakers Bureau to augment Department's public information-related efforts January 2004 (18-month IPR) · County staff implemented recycling of three recyclable materials at seven Immokalee Schools with Immokalee Disposal, Inc. per contract obligations · County staff tracked recycling efforts in Immokalee schools · County staff participated on school district Supervisor's Advisory Group on Recycling · County staff participated on Chamber Recycling Committee | JAn zoo · County staff co-authored commercial recycling article published in American Public Works Association magazine (APWA Reporter) · County sent letter to all recycling haulers requesting information on tonnage recycled and number of business customers served · Chamber published three recycling articles and placed an insert on business recycling in its "Currents" newsletters · Chamber partnered with Sprint Yellow Pages and Adult Literacy for a phone book recycling collection event · Chamber, in coordination with Zero Waste, organized/hosted videoconference on restaurant recycling Ongoinl~ · Developing recycling logos for use by businesses that recycle · Publish commercial recycling features in magazines, newsletters, etc. · Writing and placing articles for publication on successful recycling efforts · Continuing outreach efforts to industrial parks · Continuing participation with recycling committees · Participating in district-wide school recycling program development · Participating in FDEP training for "Florida Green Lodging" hotel/motel certification program · Coordinating additional meetings with Ave Maria developers for integrated solid waste handling, recycling and waste reduction program initiative ANALYSIS: Currently, businesses account for approximately 60% of the solid waste generated in the County. Based on a conservative estimate, approximately 50% of the commercial waste generated annually is recyclable as defined in the Ordinance. Considering the opportunity that recycling a portion of the commercial waste stream presents to preserving disposal (airspace) capacity at the Naples Landfill, a significant effort has been focused on commercial recycling over the past three years. Starting with the development of the Ordinance through this final IPR, the County and the Chamber have studied legal considerations, short-term impacts to businesses, as well as the long-term impacts to the limited disposal (airspace) capacity at the Naples Landfill. The impetus for the Ordinance is the County's intention to extend the life of the Naples Landfill. The County recognizes that the Landfill is a finite resource, and that any solid waste disposal alternative will be more costly. With that in mind, the Department has projected the fiscal and growth management impact of the Ordinance. Specifically, the estimated impact of not adopting the Ordinance over the life of the Naples Landfill (through FY2024) is $18 million on a net present value basis. The cumulative impact is significant due to the compounding effect of increased recyclables diversion on disposal (airspace) capacity. This cost savings can also be translated into preserved capacity. On a conservative basis, it is projected that the Ordinance would preserve more than 15% disposal (airspace) capacity over the life of the Naples Landfill. Preserved disposal (airspace) capacity resulting from commercial recycling will ~ositively impact the Annual Update and Inventory Report on Solid Waste Facilities. By: )reserving airspace at the Naples Landfill, the lined capacity will be extended, as would the ~ermittable disposal capacity. Thus, the adoption of the Ordinance will reduce the depletion of dis ~osal JAN 2 7 200 PG., (airspace) capacity at the Naples Landfill, which will in turn extend its capacity beyond the 20 years estimated today. Further, the Ordinance is part of an integrated solid waste management program. Therefore, it is important to note that the impact of the Ordinance, when combined with other solid waste management elements will have a cumulative positive impact on disposal (airspace) capacity over the life of the Naples Landfill. SUMMARY: The Department and the Chamber have demonstrated their ability to successfully forge together in a public-private partnership in pursuit of common goals as detailed in this final IPR. However, despite the exceptional effort put forth by the Chamber and the Department, including marketing and outreach, education, and technical assistance, voluntary commercial recYcling was unable to meet the jointly established goals relating to commercial recycling participation rates and commercial recycling materials rates. However, the joint efforts will not be wasted, as they have created a strong foundation for implementing the Ordinance. RECOMMENDATION: In consideration of the efforts over the past 18 months and based on the subsequent analysis of the long-term impact of not adopting the Ordinance, the Chamber and the Department recommend that the Board authorize staff to advertise the Ordinance as presented on May 28, 2002 for adoption. TIMELINE: The Chamber and the Department staff will jointly present the final status report January 27, 2004. JAN 2 7 200 NO. JAN 2 7 2~0~ PG., EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF IMMOKALEE ROAD BE'PC/EEN U.S. HIGHWAY 41 AND INTERSTATE 75 (CAPITAL IMPROVEMENT ELEMENT NO. 73, PROJECT NO. 66042). ESTIMATED FISCAL IMPACT: $4,500,700.00. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a six-lane section of Immokalee Road between U.S. Highway 41 and Interstate 75. CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the lmmokalee Road project was given by the Board of County Commissioners on September 24, 2002, under Resolution No. 2002-417. Over the first several weeks after the Board's authorization to proceed with acquisitions, staff from Transportation Engineering and Construction Management (TECM), including the Right-of-Way section, met with the project engineers, Hole Montes, Inc., and representatives from the Public Utilities Engineering Department (PUED) to discuss the proposed roadway and utility relocation plans. Staff decided to attempt to reduce the right-of-way requirements necessitated by this project based upon several alternatives proposed by Hole Montes, Inc. A review of the proposed alternatives prompted staff to request a redesign of the project that significantly reduced the right-of-way costs for the project. As a result of the redesign, a total cost savings of approximately $2,315,000.00 will be realized on this project. Hole Montes, Inc. completed their redesign in July of 2003 and over the next few months, provided staff with updated documentation to support the new plans. During that time, appraisals have been ordered and project notices have been sent to all property owners along the corridor. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later in the fourth quarter of 2004, and the Board is hereby advised that the condemnation of property will be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached technical memorandum dated December 1,2003). FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in filing suit on every parcel required for the construction of the six-lane section of Immokalee Road between U.S. Highway 41 and Interstate 75, however, staff will continue to attempt to negotiate settlements after the filin up until the hearing dates. Should staff successfully negotiate settlements on 5~ right-of-way, then the total cost of acquisition is estimated to be $4,500,700.~ includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund. Source of funds are gas tax. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Immokalee Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: SUBMITTED BY: Adopt the attached Resolution; Authorize its Chairman to execute same on behalf of the Board; and Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. K4C'~Tn-~dr~i'~'¢ ~i~ht-of-~uisition Manager Transp6rtatioCi Right of Way Office REVIEWED BY: REVIEWED BY: APPROVED BY: (.~A.~_. ~e,-~ DATE: Dale Bathon, P.E. Principal Project Manager Transportation Engineering & Construction Management '¢ DATE: Gregg R. Strakaluse, P.E., Director Transpo~tion Engineering & Construction Management Norm¢ E. Feder, AICP, Administrator TranSition Division MEMORANDUM DATE: December 1, 2003 TO: James Mudd, County Manager FROM: Norman E. Feder, AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Immokalee Road from U.S. 41 to 1-75, Project No. 66042 On January 13, 2004, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Immokalee Road from U.S. 41 to 1-75. This 3.5-mile project includes a divided six-lane roadway with a six-foot sidewalk on both sides of the roadway from U.S. 41 to Medical Bivd./S.W. Health Blvd. From that point east, only a six-foot sidewalk will be provided on the south side of Immokalee Road. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: Alternate Routes The need for additional east-west arterial capacity within Collier County for travel demands east of U.S. 41 has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road is currently a six-lane roadway between U.S. 41 and Logan Boulevard. Golden Gate Parkway from Livingston Road to Santa Barbara Boulevard is currently under construction for expansion to six lanes, while Vanderbilt Beach Pulling Road is scheduled to be expanded to six lanes beginning in'March Page 1 of 3 Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four-lane roadways. The Immokalee Road corridor is one of only six east-west corridors in Collier County. The construction of upgraded roadways intersecting Immokalee Road, such as Livingston Road (currently under construction), as well as the additional development activity along the corridor, will place additional capacity demands on Immokalee Road. To meet current and future capacity needs, the only viable alternative is to widen lmmokalee Road to six lanes at this time. Safety Factors The design of the Immokalee Road improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Design Standards, the FDOT Plans Preparation Manual, and related design manuals. Other design manuals and documents used include the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets, the Manual on Uniform Traffic Control Devices (MUTCD), and the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001). All of the above were used to ensure the safe movement of people and goods within the project limits. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Immokalee Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Lmmokalee Road from U.S. 41 to 1-75 will not affect any wetlands nor are there any endangered or threatened species identified along the corridor. As a result of the unavailability of undeveloped property along the corridor and the anticipated high cost of acquiring developed property for water quality treatment ponds, this project will use BMP (Best Management Practice) structures to remove solids from the stormwater prior to release into the Cocohatchee ~'i;~'al°--r~h~:l :i.. [ ..... Page2of3 ~ ' ~ ~':" north side of Immokalee Road. Design of this stormwater treatment system has been closely coordinated with the South Florida Water Management District (SFWMD). Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of these improvements has been made to maximize the improvement benefit with the minimum amount of impacts. Due to serious fight-of-way restrictions, on-street bike lanes are not provided with this project. However, the outside lanes of travel on Immokalee Road have been widened to 14 feet to accommodate accomplished bicyclists. Right turn lanes have also been reduced to 11' in width to reduce the amount of right-of-way required for the project. Further, the separation between the concrete curb and gutter and the sidewalk has been reduced to lessen fight-of-way impacts along the corridor. The road alignment has gone through revisions to minimize the taking of additional right of way. In fact, in November of 2002, a major realignment to the roadway was developed that saved over $2 million in right- of-way costs (see Dale Bathon's 11/08/02 Interoffice Memorandum and Hole Montes' 10/16/02 Memorandum, attached). Construction on this three-year project is planned to commence late summer of 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. .Att. C: Commissioner Tom Henning, Chairman, District #3 Commissioner Donna Fiala, Vice-Chairman, District #1 Commissioner Frank Halas, District #2 Commissioner Fred W. Coyle, District #4 Commissioner James N. Coletta, District #5 Leo Ochs, Assistant County Manager David Weigel, County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gregg R. Strakaluse, P.E., Director, TE&CM Department Don Scott, AICP, Director, Transportation Planning Department Dale A. Bathon, P.E., Principal Project Manager, TE&CM Department Page 3 of 3 AG ~bl~DA't~ JAN 2 7 200q tag. 5 TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM 'FO: FROM: SUBJECT: Gregg Strakaluse, P.E., TE&CM, Director Dale A. Bathon, P.E., Pr/ncipal Pr~ect Manager [mmokalee Road, Project No. 66042B DATE: 11/8/02 FILE: 66042B.03B 66042B.07 Over the last several weeks, xve have met with our consultants, Hole Montes, Inc., representatives from the Public Utilities Engineering Department (PUED), together with representatives from our Right-of-Way section to discuss the proposed roadway and utility ~'el,:,¢ati,:,n plans fi:,t' the referenced roadway in-~pr,:,vement project. Our goal in these meetings ,,vas [o cl'l'ect a way tt~ rcduc= the right-ol'-way recluiremer~t.$ rmces.sitated by the project. As a result of our meetings, Mike Clough of Hole Montes presented several alternatives to the project desig-n. These alternatives are listed in his October 16 (revised) memo (attached). Alternatives 1-8 list options regarding re-designing or relocating the County utilities within the corridor combined with recommendations of sidewalk retaining walls at several selected locations. Alternative 9 lists four separate locations where sidewalk retaining Walls can be placed to limit our right-of-way takes. Mike listed the amount of reduced right-of-way for each alternative together with the associated costs for utility work and sidewalk retaining walls. 'Any one or all of Al,e,~,a,,~,,.s i-9 could be used to reduce our fight-of-way costs for ,h,, project. Additionally, Mike's memo included Alternative 10. This alternative suggested the use of a retaining wall along the south bank of the Cocohatchee Canal from just east of Medical Boulevard to 1-75. This alternative would allow for a 30-foot wide utility corridor along the north side of Immokalee Road and would significantly reduce the amount of right-of-way required along the south side of Immokalee Road. If this option were to be utilized, Alternatives 1,2,3,4,5 & 8 are not required. Alternative 10 has several good points about it beyond just right-of-way savings. One, it will allow for easier construction/relocation of our utilities during the proposed project. Second, these utilities will be much easier and safer to maintain, as they will be all located defined corridor. Currently, our plans place utilities under sidewalk at many locatiq}ns and directly adjacent to the roadway. This may require lane closures adjacent t° the utilitY and, therefore, added risk during maintenance procedures is introduced. Theut~hty' 'conj. dor ptan would eliminate the need for lane closures in many instances. Lastly, it will make it easier and safer for other utilities to construct/relocate their equipment within our right-of-way. One of the major drawbacks for Alternative 10 is its cost. We had asked Hole Montes to contact Jenkins and Charland, Inc., the structural subconsultants for the project, to refine the projected costs for the proposed retaining wall along the canal. Attached please find an October 3, 2002, letter from Jenkins and Charland to Hole Montes estimating the wall construction to be approximately $6 million. We also asked our Right-of-Way section to review Mike Clough's memo and determine the right-of-way costs associated with using Alternatives 1-9 and Alternative 10, respectively. These right-of-way costs, together with an estimate of our right-of-way costs based upon the current design, are attached. Below is a brief summary of the associated costs of savings based upon utilizing Alternatives 1-9 and Alternative 10, respectively. Added Utility Costs Sidewalk Retaining Wall w/Handrail Reduced Right-of-Way Cost ALT. !-9 TOTAL COST SAVLNGS ($ 296,000) ($196,000) $ 2,806,975 $ 2,3 !4,975 ALTERNATWE I0 Added Utility Costs ~ide~amlk RelaininB Wall ~/Iq~ndr~qil Canal Retaining Wall Right-of-Way Savings ALT. 10 TOTAL ADDITIONAL COSTS c$ 2 i 5,000) ($ 34 (s $ 3,785,725.. $ 2,770,275 Although the above cost/savings summary would clearly indicate that Alternative 10 costs are ($_.~ 1 million and $2.77 million) than those Alternatives 1-9, there more than $5 million higher ? ' are intangible cost savings associated with Alternative 10 that should be considered. The LltlH cl. es ,,,a,,ta,,ng the increased ease and safety of ~":-*~:-: trader Alternative I0 has the potential for some savings. Additionally, there are savings to be realized by not having to maintain the south slope of the canal bank with Alternative 10. The Big Cypress Basin/South Florida Water Management District may be willing to fund a portion of the canal retaining wall costs. Further, the 30-foot wide tract north of Immokalee Road to be used for utilities could also serve as a green space area and include a pathway. This would have function as well as provide a more aesthetically pleasing project. Given that it is difficult to clearly ascertain the intangible benefits associated with Alternative 10 noted above and, noting that these benefits would surely not approach the $5 million in added costs over Alternatives i-9, it is my recommendation to utilize Alternatives 1-9 for the lmmokalee Road project. In addition to the above, I also recommend that we revise the median design and tu on Immokalee Road from Airport Road east to just past the Circle K. Specifically, I~ask that ou~ consultants consider narrowing the dual westbound left mm lanes to 11 feet at Airpo~rt Road '~nd- reduce the median to a 4-foot wide traffic separator adjacent to these turn lanes. From this point east to the Circle K, the overall median width should be narrowed to 17 feet to reduce right-of- way requirements adjacent to Winte~'iew Court and the Circle K, respectively. The 17-foot median width was used on Phase I of Livingston Road. While it is not as desirable as the 22-foot median width that is utilized on the rest of the project, it is still considered to be adequate and will allow us to minimally impact the two aforementioned properties. C: Walt Gilcher, P.E., Hole Montes Mike Clough, P.E., Hole Montes Karl Boyer, P.E., PUED Ron Dillard, P.E., PUED Kevin Hendricks, Interim ROW Manager Harry Henderson, Review Appraiser MEMORANDUM HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS To: From: Date: Subject: Ron Dillard, P.E., Dale Bathon, P.E. Project: 2000.067 MICHAEL R. CLOUGH, P.E. October 16, 2002 Immokalee Road utility relocations to reduce ROW requirements Additional Rights-of-Way (ROW) for the Immokalee Road Six Lane Construction project are described in the preliminary Right of Way maps prepared in September 2002. These ROW were compared to the utility drawings and road drawings to find areas where the proposed take can be reduced. Basically, three methods to reducing the ROW requirement were explored: 1. Relocating utilities to reduce or eliminate additional ROW, 2. Designing a retaining wall on the outside edge of sidewalks in order to reduce land needed for a fill slope, and 3. Designing a retaining wall along the Cocohatchee canal that would enable the County to acquire additional ROW on the north side of Immokalee Road for utility relocation. Several alternative locations were analyzed. Each alternative is described below, including the features needed, a conceptual cost estimate to implement the change, and the amount of ROW that can be reduced by implementation. ALTERNATIVE 1 - STONEBRIDGE In order to reduce ROW requirements, the proposed 12-inch water main (WM) on the south side of Immokalee Road can be combined with the existing 20-inch WM on the north side of Immokalee Road as a new 24-inch WM on the north side of Immokalee Road. No retaining wall for the south sidewalk will be required. The Water Department will need to model and approve this change to their distribution system. Approx cost to relocate WM = $136,000 ROW reduction: Eliminate 15 ft proposed ROW from Sta 1105+20 to Sta 1106+90 Eliminate 7 ft proposed ROW from Sta 1106+90 to Sta 1108+40 Eliminate 12 ft proposed ROW from Sta 1108+40 to Sta 1109+20 Eliminate 20 ft proposed ROW from Sta 1109+20 to Sta 1112+50 W:X2.000~000~7\SA No. 6\021016-reloc-memo REV(RevI0-31-02).doc ALTERNATIVE 2 - SOUTHWIND ESTATES The proposed 12-inch WM on the south side of Immokalee Road can be combined with the proposed and existing 20-inch WM on the north side of Immokalee Road as a new 24-inch WM on the north side of Immokalee Road. The Water Department will need to model and approve this change to their distribution system. A retaining wall will be required for 255 lineal feet (LF) along the south sidewalk. Approx cost to (a) relocate WM (b) Sidewalk Retaining Wall Total $72,000 $16,000 $88,000 ROW reduction: Eliminate 20 ft of proposed 30 ft ROW from Sta 1090+00 to Sta 1092+60. Eliminate proposed 15 ft ROW from Sta 1093+20 to Sta 1104+20. ALTERNATIVE 3 - SAM'S CLUB The force main (FM) in front of Sam's Club can be lowered so that the crown is 18 inches below the invert of the WM. The WM will then be moved closer to the roadway. A retaining wall will be required for 650 lineal feet (LF) along the south sidewalk to reduce the extent of the fill. Approx cost to: (a) Relocate WM (b) Sidewalk Retaining Wall Negligible $41,000 ROW reduction: Eliminate 15 ft of proposed 20 ft ROW from Sta 1135+00 to Sta 1136+50. Eliminate 5 ft of proposed 20 ft ROW from Sta 1136+50 to Sta 1140+00. Eliminate 15 ft of proposed 25 ft ROW from Sta 1140+00 to Sta 1141+20. Eliminatel5 ft of proposed 30 ft ROW from Sta 1141+20 to Sta 1144+30. ALTERNATIVE 4 - ST CROIX &PARTMENTS The proposed 12-inch WM on the south side of Immokalee Road can be combined with the proposed and existing 20-inch WM on the north side of Immokalee Road as a new 24-inch WM on the north side of Immokalee Road. Approx cost to: Relocate WM $ 88,000 ROW reduction: Eliminate 12 ft of proposed 20 ft ROW from Sta 1173+40 to Sta 1180+60. Eliminate 10 ft of proposed 37 ft ROW from Sta 1181+00 to Sta 1183+30. ALTERNATIVE 5 - EAST OF LIVINGSTON ROAD The proposed FM and Reclaimed Water Main (RWM) on the south side of Immokalee Road can be moved closer to the roadway. A retaining wall will be required for 545 LF along~he south sidewalk. W:L2000L2000067XSA No. 6\021016-reloc-memo REV(Rev 10-31-02).doc Approx cost to: (a) Relocate FM and RWM (b) Sidewalk Retaining Wall Negligible $34,000 ROW reduction: Eliminate 7 ft of proposed 25 ft ROW from Sta 1186+20 to Sta 1189+50. Eliminate 10 ft of proposed 20 ft ROW from Sta 1189+50 to Sta 1196+00. Eliminate proposed 20 ft ROW from Sta 1196+00 to Sta 1202+00. Eliminate 10 ft of proposed 25 ft ROW from Sta 1202+00 to Sta 1204+95. Eliminate 20 ft of proposed 30 ft ROW from Sta 1204+95 to Sta 1206+45. ALTERNATIVE 6 - CREEKSIDE I'he proposed 12 inch WM on the south side of Immokalee Road can be moved closer to the roadway. No retaining wall for the south sidewalk will be required. Approx. cost to: Relocate WM Negligible ROW reduction: Eliminate 5 ft of proposed 10 ft ROW from Sta 1049+80 to Sta 1053+60. ALTERNATIVE 7 - EAST OF GOODLETTE-FRANK ROAD The proposed WM and RWM on the south side of [mmokalee Road can be moved closer to the roadway. No retaining wall for the south sidewalk will be required. Approx. cost to: (a) Relocate WM and RWM Negligible ROW reduction: Eliminate 7 ft of proposed 10 ft ROW from Sta 1068+90 to Sta 1070+85. ALTERNATIVE 8 - GREENTREE CENTER Eliminate 12 inch proposed FM in this area and route flows through existing 12 inch FM under pavement and median. A retaining wall will be required for 825 LF along the south sidewalk. Approx. cost (savings): (a) Keep existing FM Savings (b) Sidewalk Retaining Wall $50,000 ROW reduction: Eliminate proposed 15 ft ROW from Sta 1120+00 to Sta 1123+60. Eliminate 10 ft of proposed 20 ft ROW from Sta 1123+60 to Sta 1127+00. Eliminate 10 ft of proposed 25 ft ROW from Sta 1127+00 to Sta 1132+00. W:L2000L2000067XSA No. 6~021016-reloc-memo REV(Revl0-31-02).doc ALTERNATIVE 9 -SLkMMATION OF REMAINING LOCATIONS FOR ONLY RETAINING WALLS Collier's Reserve - (Sta. 1050+00 - 1051+50 Lt) Add 150 LF retaining wall Eliminate 5 feet of ROW Cost - Sidewalk Retaining Wall / Handrail $9,000 Parcel 25-3 - (Sta. 1145+25 - 1146+35 Rt) Add 110 LF retaining wall Eliminate 10 feet of ROW Cost - Sidewalk Retaining Wall / Handrail $7,000 Winterview Court (Sta. 1146+35 - 1147+95 Rt) (Sta. 1148+25 - 1148+95 Rt) Add 230 LF retaining wall Eliminate 6 feet of ROW Eliminate 2 feet of ROW Cost - Sidewalk Retaining Wall / Handrail $14,000 Regent Park (Sta. 1156+60- 1158+80 Rt) (Sra. 1163+20- 1166+00 Rt) Add 400 LF retaining wall Eliminate 5 feet of ROW Eliminate 5 feet of ROW Cost - Sidewalk Retaining Wall / Handrail $25,000 ALTERNATIVE 10 - ALL UTILITIES NORTH OF IMMOKALEE ROAD Construct a vertical retaining wall along the south bank of the Cocohatchee Canal. The retaining wall will be approximately 30 ft. from the north edge of proposed pavement for Lmmokalee Road. This area can then be used as a.utility corridor/green turf/bike path. All County and other utilities will be relocated to this corridor, eliminating the need for additional utility ROW on the south side of Immokalee Road adjacent to the Canal. This alternative will require a permit from the South Florida Water Management District. Also, the water, sewer and reclaimed water networks should be modeled to verify that the changes have very little effect on the systems. If this alternative is chosen, alternatives 1, 2, 3, 4 5 and 8 will not be necessary. In addition to the retaining wall along the Cocohatchee Canal, retaining walls totaling 5,500 LF will be required along the south sidewalk. Approx. cost: (a) Relocate County Utilities (b) Sidewalk Retaining Wall (c) Canal Retaining Wall Total $215,000 $341,000 $ ~000,000' $ 6,556,O0O *Note: Subsequent to the release of this memorandum, the canal retaining wall cost was revised from $4,987,000 to $6,000,000 on October 31, 2002. W:X2000~2000067~SA No. 6\021016-reloc-memo REV(Revl 0-31-02).doc ROW reduction: In 'Additional Change' Column (over alternatives 3, 4 and 5) ALT STA TO STA OmG PREV ADDTL NEW ROW CHANGE CHANGE ROW fit) (ft) fit) (ft) 3 STA 1140+00 TO STA 1141+20 25 15 5 5 3 STA 1141+20 TO STA 1144+30 30 15 10 5 4 STA 1173+40 TO STA 1180+60 20 12 3 5 4 STA lI81+00TO STA 1183+30 37 10 7 20 - 5 STA l186+20TOSTA 1189+50 25 7 3 15 5 STA 1189+50 TO STA 1196+00 20 10 5 5 5 SRA 1202+00 TO STA 1204+95 25 10 10 5 This utility corridor would offer se~)eral advantages. First, the installation of the pipelines will be located away from the pavement, sidewalks and existing utilities. This will greatly simplify the installation and construction scheduling of the project. The unit cost of the installation of the pipelines in this corridor will be significantly less than south of Immokalee Road, when existing gas, cable, fiber optic and telephone lines are to be avoided. It will also be easier to tie-in to the existing utility lines. The costs used in this 'analysis are based on historical construction costs on other projects, so may not reflect the comparative difficulty of the locations. This alternative could easily result in several hundred thousand dollars in savings in the utility construction costs for this alternative. Another advantage is the maintenance of the pipelines. They will be able to be maintained and repaired, in large part, away from the road and development on the south side of Immokalee Road. This results in increased safety for the utility workers and reduced impacts on traffic, neighboring homes and businesses. A further advantage to this alternative is that space is created for other utilities presently installed along Immokalee Road, such as gas, cable, power and telephone. At the County's direction, we have not allowed space for these other utilities in determining the additional right-of-way required for this project. With the present design, they may be required to relocate to under the pavement, which will cause traffic interruptions when they are maintaining or repairing their systems. The improvement of this area will also offer beautification to the corridor. Now the area between Irnmokalee Road and the canal is composed of a guardrail and weeds. The weeds are growing uncontrolled, because of the difficulty to access them between the pavement and the edge of the canal. This condition is not expected to improve with the present design. With the utility corridor, the area can be landscaped with a meandering sidewalk, turf and a handrail at the retaining wall. The present guardrails would not be required. The acquisition and improvement of this area will significantly beautify this stretch of Immokalee Road. .... ~_.: W:k2000X2000067\S A No. 65021016-reloc-memo REV(Rev 10-31-02).doc 7{E qOI,~L 'HON NO. 200~ - ' - - · ,-'-,,. .... /~u~u CDXDEMNATION OF FEE SIMPLE TJTLE LNTE~ESTS AND/OR T~TO_~ FEF:P~,]'UAL O~ TE~'[PO~A~y EASEmeNT ~?'4MOKALEB ROAD EI~TWEEN U.S. HIGH~VAY 41 AND INTERSTA~ 75 (I-75). CAPIT.,~L ITviPROVE~v~ENT ~L~?v!~q'J J':O. B, P~OJEC F NO. (')~042}. WHEREAS, the Bo;urd of CounT Co~::r:.; z~o'~ers ,'Board). ',m .,',lay 9, 2000. ad,npted Ordinance F',emcnt of the ©:o;vtn Man oo,m.~nt pu q in -;.[_,- .:, c.mblish priorities for :he design, acc. u:shion and ~r tnb ', anous ~2DJtill IIT.DF~' .-CFFICD'~ .~,,':'jeT[$: :,VI;EP. EAS. the Bca:'d. on Nq,,~ mher ;q "~')2, udopted Ordinance No. 2(102-60 ~mending the · ,-..-.~. 5S. :he u idening £rcn,, -mir ro~: x ! roes of [mmoka!ee Road beb~,, een U.S H~gh,.,my 41 ;:::c~statclS~P]-oicct N0.6604" i~ 'r:e:,f ::z '-:'J*~l:mproxcm~nt3r~j.,e,sreeui~.cd,mdc: ,flca.~ou ;or ,- ~:~:;~_~:T~t.:~ ~: _ne p]'( posed improvcmvnts has been fl,:cd by 'Q'-' ":h -:;;/=ns fCo:]::q ~ U'(D IT IS FUR FJ~R R~SOS~U4D -n .~ .' "-t:"_izt~cn of 5~e Project is p~[rt of the Count} s long .,'r C,m .~ ~i~ 5,Ianagcm~nt. u.s 2pp:'o,. ed ~,.,. h~ F rd-~ D':~pa~ment of Commun;t}, :,,XD iT tS FI_~ F;~R R ESOLV~;D -h.-t :he C3.:n;> Staff has mxiev, ed :dtemati,,,e locations for :he pr.Tect' and :he costs ,~ss~,c;a~e,:i w~h .he de:d~n. Fropt ~1,. hghts acquisition, and constructmn of the pmftzt, as 'vol] zs Fub!fc mfsB, and 'vcfif:p-~ c<)~dde -u'ic ns a~sociated ,.vi~h the desfgn and con~tn~ctfon of '-T?~ettte2 ~' t~e !e~:~i .:ie;~?:~.ticn~ CC,:UF>:':.S r~ J.~/.~ b~t "V' attached hereto a~c] mc >rporated herein. A> D [T JS FURTHER RES3L ~EiD 'hat n :)~:isr ;o constnxct thc p;'ojc,:[ as desi?ed, ~t is AND [T IS FUR1-}EER RES(.)L'/ED tkat ..}I pro}~en';.' shall be T, ut t(~ public pt:q~;ose~. AJ'-;D IT ]S FURTI-flC. R RESOL';ED that ~hs CountF staff is hereby authorized to immediatel? Statutes. the above ~cfcrencei real pr,~er2, :n~crests mere p;trtJculm b. fsqcnbsd in Exhi~Xt 'A". EXHIBiT Page ~ of ~ HOLE MONTES LEGAL DESCRIPTION '?EMF>ORARY DRIVEWAY ~,E S TOP-.ATION E.A,.~E MEI'~I'T' (DUP, ATtON: 3 YE. ARS FROM 3OMMEh,K3EMENT OF GON~-~TRUCTION) HM PROJECT #2000067 3/2~/2 RI;.F. DWG. #B-3699 PARCEL NO. A PORTION OF TKACT "D" OF RIVERC'HASE SHOPPING CENTER. ACCORDING TO THE PLAT THEREOF R2ECORDED IN PLAT BOOK 18 AT PAGES 19 AND 20 OF THE PUn3LIC RECORDS OF COLLIER COL?,'I'Y, FLORIDA. BEING MORE PARTiCULAF,~Ly DESCK!BED AS FOLLOWS: COMMENCE AT THE SOUTHEAST COiLNER OF TRACT "A' OF KIVERCHASE SHOPPING CENTER. ACCORDITNG TO 174E PLA. T THEREOF RECORDED IN' PLAT BOOK 18 .AT PAGES 19 AND 20 OF THE PUBLIC P-Z-CORDS OF COLLIER COL.'NTT, FLO~KIDA, THE SA. ME BEING A POINT ON THE BOULNDARY OF TI:La, CT "D" OF SAD K!VERCHASE SHOPPING CENTER4 THENCE RU_'N S.$9:45'55"E..ALONG THE BOI~','DARY OF SAID 7R-a, CT "D", FOR A DISTANCE OF 24950 FEET. T-~iENCE RL_'N S.84°03'58,,~ ALONG THE ' - .... BOUNT)ARY OF SAiD TRACT "D", FOR A DISTANCE OF 37.79 FEET TO THE POiNT OF BEGINNING OF T'~E PARCEL OF LAND ~IEILEIN DESCRIBED; TtiENCE CONTINUE S 84o03 'SU'E, ALONG TI--~E BOL,,'N=DA~- OF S'.~[D T,P~.CT "D" FOR :\ DISTANCE OF 84.57 FEET; THENCE RLLN N.00~43 '0Y'W., ALONG THE BOL.rNDAR'Y OF S:\.'D T~ACT "D", FOR A DISTANCE OF 3790 FEET; THENCE RUN 5 89~I6'ST'W. FOR A DISTANCE OF 84.00 EEET; THENCE RUN S 00°43'03,'E. FOR A DIST:MNCE OF 28 11 FEET TO THE' POINT OF EEGLNN,~G: C(3NT.-\[N[NG 27~2.3 SQUARE FEET, MOKE OR LESS. -- .... -- FHIS PROPERTY IS SI:BJECU' TO EA. SEME?Cl-S, RESERVATIONS ()R RESTRICTIONS OF RECORD. BEA.K[NGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT "D' OF i:U\naRC'~i,kS~ - ~ . . z SHOPPING CENTER ACCOiLDING TO .THE PLAT THEREOF REUOILDED IN PLAT BOOK 18 AT PAGES ] 9 *\N23 20 OF THE PUB[.IC RECOKDS OF COLLIER COUB TY. FLOIL[DA, .AS BEING S.79~45 '55"E ~1OLE MONTES, .rNC. 7ER,' IFICATION OF AU I I~.OX.rZAT!ON LB =! 772 TTttOMAS J. GARPjS STA?'E OF FLOPUDA EXHIBIT ~age, ~., of~ HOLE MONTES LhGAL DESCRIPYION -~haPORARY DRIVEWAY RESTORATION EASEMF-I~I' (DURATION: 3 YEARS FROM COMMENCEMENT Of CO~ HM PROJECT #200C067 3/"5'2 REF. DWG. #B-3700 PARCEL NO 702 A PORT/ON OF LOfl .)F IU\ ERCF~SE COMMONS ACCORDLNG 'FO THE PLAT TIEEREOF P~CORDED iN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE pL73LIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P.&RT1CUZARLy DESCRIBED AS ~OLLOWS: BEGIN' AT THE SOUTHWEST CO!%NER OF LOT i OF KiVERCHASE COMMONS ACCORDENG TO THE PLAT THEREOF RECORDED IN PLAT BOOK. 32 AT PAGES 20 :MND 21 OF TIlE PL~LIC RECORDS OF COLLIER COL.'~TY, FLORIDA; TheNCE RUN N 00°43'0Y'W., ALONG THE WESTERLY BOU.%'DARY OF SAiD LOT 1, FOR A DISTANCE OF 3?.90 FEET; THENCE RLT'4 N 89°16'5T'E. FOR A DISTANCE OF 18 O0 FEEl-; Tiq~NCE RUN S O0"42'&;"E. FOR .\ IhlSTANCE OF 40.00 FEET 30 A POINT ON THE SOUTHERLY BOL~DARY OF SAID LOT l; THENCE RL~ N.84 03 '58"W., ALONG THE SOUT!_tERLY BOUNDARY OF SAID LOT I. FOR A DISTANCE OF I8.12 FEE'[ '] O :'iff: POINT OF BEGE',2\ENC_-; CONTA~E",'G 701 1 SQUARE FEET, bIORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEiv.'ENTS, :4J/.S*ERV tVFiONS OR I:LESTK1C F1ONS OF REC(!RD BE,&RINGS ?,EFER 'I' ,;; file SOUTHERLY BOL:'.%'DARY OF LOT i OF RIVERCi~LA. SE COMMONS .ACCORDING TO THE P[ -\ i' £H :P.L O? RECORDED ~.~ PLAT BOOK 32 AT PY. GES 20 AND 2! OF THF PUBLIC RECORDS OF COLLIE};. COUNTY, FLORIDA, AS BErNG N.84=O3'fS"W HOLE MONTES, FNC. CER i'IFK;ATION OF AU-I'IdORIZATION LB =I ?2 T}tOMAS J. GAPCRIS P.L.5 ~G741 STATE OF FLORDA EXHIBIT ~M POP,,~M:~ 91:U'A'WAY ~ESTOI::~,T1ON ;.DURATION: 3 YE.ARS FROM COMMENCEMENT OF f~O ,~ ,,~'0,~.00 N ,00'0~ 3 ,,EO,C~¢.O0 S FOLIO NO.~ b~L~-C~,,;:, i Page ~ ~ ' ~' 5' HOLE MONTES FEE SIMPLE I fM PR OJECT fi2000067 iNTEREST REF. DWG ~B-3705 PARCEL NO I03 EEC. AL DESCRiFFION A P.~RCEL OF LAND LOCA'I ED IN THE NOP. THWEST QUARTER OF SECTION 27. i'OWNSHIP 48 SOt~If, R.&%GE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED .AS FOLLOWS: COMMENCE AT THE NORT}D, VEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TIIENCE RUN S.00'39'! 9"E., .ALONG THE WEST LINT OF THE NORTHWEST QUARTER OF SAID SECTION 27, FOR A D/STANCE OF 125.02 FEET TO A POINI' ON TItli SOUTIIERLY RiGHT-OF-WAY L1N'E OF 1MMOKALEE ROAD; THENCE RUN N.44°46'59"E., ALONG TIlE SOUTHERLY RIGltT-OF-WAY LINE OF 1MMOKALEE ROAD, FOR A DISTANCE OF 35.08 FEET; THENCE RUN S 89°45'55"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LMMOK.KLEE ROAD, FOR A DISTANCE OF 573.45 FEET; THENCE RUN S.86°54'10"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LhNE OF !MMOKALEE ROAD, FOR A D1STANCE OF 496.05 FTET TO THE POINT OF BEG[N%'ING OF THE PARCEL OF I_.&ND HEREIN DESCRIBED; FHENCE CONTINLrE S.86°54' 10"E, ALONG T}[E SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 4.57 FEET; THENCE RUN S.89:45'55'T., ALONG THE SOU FHERLY RIGHT-OF-WAY · LINrE OF IMMOKALEE ROAD, FOR A DISTANCE OF 46.80 FEET; T~[ENCE RUN S.00°I4'05"W. FOR A DIST.~d',ICE OF 20 00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 20.22 FEET; THENCE RUN N.56°45'55"W. FOR A D1STPdgCE OF 37.24 FEET TO THE POINT OF BEGINNING; CONTAINING ? 128 SQUARE bEET, MORE OR LESS. TH1S PROPERTY IS SUBJECT TO EASEMENTS, RESERV'ATIONS OR RESTRICTIONS OF REcoRD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF WAy LiNE OF IMMOKALEE ROAD AS BEING S.89°45'55'T. HOLE MONTES, INC. CERTIFICATION OF AUTHOR1ZAI~ION.LB ~t772 BY .. P SM. --.562S FiiOMAS M..MURIqiY// STATE OF FLORIDA FOLIO EXH~q'~ INTEI~.EST ,~0'G~L ~ ~_~.6,~,6~.OO S 20.00' "~ S 00"J4'05'1 W ~o /' FOLIO NO., HOLE MONTES LEGAL DESCR IFI 1ON ~M~ OR--AY ~ESTO~N ~~ (DU~: 3 Y~S F~ COMMENCEME~ OF CON~) PROJECT #2000067 7/1d/3 REF D\VG. #B 3703-1 PARCEL NO. 703A A PARCEL OF L,azND LOCATED LN THE NORTHWEST QUARTER OF SECTION 27. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAP. TICiY~ARLY DESCRIBED AS EOLLOWS: COMMENCE AT TIrE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TI~ENCE RUN S.00°39' 19"E., ALONG THE WEST LINE OF THE NORTHWES'I- QUARTER OF SA1D SEC FION 27, FOR A DIST:~NCE OF 225.02 FEET TO A POINT ON THE SOUTttERLY RIGItT-OF-WAY L1NrE OF IMMOKALEE RO.-LD; T}fENCE RLLN N.44*46'59"E., ALONG THE SOUThqERLY RIGHT OF-WAY LINE OF IMMOKALEE ROAD, FOR A DIST.~MNCE OF 35.08 bEET; THENCE RUN S 89°45'55"E., ALONG 'I'HIE SOUT~ 'tERLY RIGHT OF WAY LINE OF IMMOKALEE RO.AD, FOR A DISTANCE OF 517.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND FFEREIN DESCRIBED; TtfENCE CONTINUE S.89°45'55"E. ALONG THE SOUTHERLy RIGHT OF-WAY LINE OF iMMOKAi_EE RO.~D, FOR A DISTANCE OF 55.47 FEET; TItENCE RUN S.86°54'10"E...~tLONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DIST.~NCE OF 8.25 FEET; THENCE RUN S.0I°45'04'W. FOR A DISTANCE OF I4.01 i'tiET; THENCE RUN N 88"14'56"W. FOR A DISTANCE OF fi3.f9 FEET; THENCE RUN N.01%5'04"E FOR A DISTANCE OF 12.74 FEET TO THE POINT OF BEGINNING; CONTA[NING 863.1 SQU.adLE t-qSET. MORE OR [_ESS. I'HIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGItT-OF-WAY LiNE OF IMMOKALEE P, OAD AS BEING S.89°45'55"E. HOLE MONTES. INC. CERTIFICATI,ON OF AUTHORIZATION LB 1~i772 BY. ['t '~. 'AS. I. Mc-RrnY. . SPATE OF ~ORiDA EXHIBIT m L3 Z O0 L2 FOLIO Page ~ of , _.. C-' HOLE MONTES NM PAOJ~CT ~M¢ ~Y 3/22/2 ~STO~N ~ i~F, DWG. ~B-3704 ~: 3 Y~ ~ PARCEL NO. 703B LEGAL DESC~PT[ON A PARCEL OF LAN~ LOCATED IN THE NORTHWES3 QU_~TER OF SECTION 27, IO%~SH[P 48 SOU RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BErG MO~ PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT T~ NORTHWEST CO~LN ER OF SEC1 :ON 27, TO.SHIP 48 SOUTH, ~ANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00~9' tg"E, ALONG TIIE WEST L~E OF THE NORT}tWEST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 125.02 FEET TO A PO~T ON FHE SOUTHEI~.Y RIGHT-OF-WAY L~E OF IMMO~LEE ROAD; T~ENCE RU~ N.44*46'59"E., ALONG THE SOUTHERLY RIGHT-OF-WAY L~ OF I~O~LEE ROAD, FOR A DISTANCE OF 35.08 FE~*; THENCE RI~ S.89°45'55"E., ALONG T~[E 5OUTHE~Y ~GHT-OF-WAY L~'E OF ~'iOKALEE ROAD, FOR A DISTANCE OF 573.45 FEET; THENCE RUN S.~0~54'10"E., ALONG THE ~OUTEEP~Y ~GHT-OF-WAY L~E OF ~'IMOKALEE ROAD, FOR A DISTANCE OF 500.62 FEET; THENCE RUN S.89~45'55"E, ALONG ~tE SO~HE~Y ~GH F-OF-WAY L~E OF iMMO~LEE ROAD, FOR A DISTANCE OF 46.80 FEET TO THE PO~T OF BEGINNING OF THE PARCEL OF LAND t!EREIN DES~BED; THENCE CONI".NUE S >9~45'55'E., ALONG THE SOUTlfE~_Y RiGHT-OF-WAy ~ D~E OF iS[MOKALEE RO~, FOR A DIS I'ANCE OF 78.00 FEET; THENCE R~ S.00~i4'05'W. FOR A DISTANCE ~ >? a000 FEET; THENCE RU~ N.S9°45'55"W. FOR A DISTANCE OF 84.00 FEE [; THENCE RUN N00:[4'hx ~ F(TR A [)[STANCE OF 20 00 FEET; fHENCERUNS.89~45'55"E. FOR A DlSTANCE OF 6-00 FEET; [I!ENCE [{CNN 0¢'q4'0>"E. FOR A DISTANCE OF 2(:00 FEET TO THE PO[NY [)F BEG1NN~'G; CONTAINING 3240 O SQUARE FEET, MORE 0R LESS. THiS PR¢ )PER FY IS SUBJE~ TO EASEMENTS, RESERVATIONS OR ~STRICTIONS OF RECORD. BEARIS:~ ~::FER iOI'HESOUTHERLY RIGHt-OF WAY L[NE OF ~MMOKALEE ROAD AS BE1NG S 89:45'55' E. HOLE MONffES, INC. CERTIFICATION OF AUTHORIZATION kB ~1v72 THOMAS J. GARRIS SI'A i'E OF FI.OIUDA. 0 0 EXHIBIT_F~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DU~A~ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) N 00'14'05" 20.00' 40.00' S 00'14'05" W HOLE MONTES FEE PARCEL NO. 104 LEGAL DF~SCR~PTI ON A PORTION OF LOT 3 OF RIVERCHASE COMMONS ACCORDING TO Tile PLAT TilEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF TILE PUBLIC iLECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEV)G'<D, ,4N 8000 FOOT RIGHT-OF-WAY, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, TIlE SAME BEING A POINT ON THE BOUNDARY OF Pd¥'ERCHASE COMMONS ACCORDiNG TO THE PLAT TI{EREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE, pLrBLIC RECORDS OF COLLIER COUNTY, ELORIDA; THENCE RUN N.89°45 '55"W., ,~LONG THE BOUNDARY OF SAID RIVERCItASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF iIvlMOKALEE ROAD, FOR A DISTANCE OF 65.42 FEET TO A POINT ON THE BOUNDARY OF LOT 3 OF SAID RIVERCHASE COMMONS AND THE POINT OF BEGINNING OF THE PARCEL OF L_,MND HEREIN DESCRIBED; THI~NCE RUN N O0° 14'05"E., FOR A I~ISTANCE OF 2. I9 FEET; THENCE RUN N.45°I4'05"E. FOR A DISTAxNCE OF 20 22 FEET; T[lENCE RUN S.89°45'55"E. FOR A DISTANCE OF 9.21 FEET TO A POINT ON THE BOUNqDPd*,Y OF SAID LOT 3, THE SAME BEING A POINT ON A C:,RCULAR CURVE, CONCAVE NORTHWESTERLY. WHOSE RADIUS POINT BEARS N.69°51 '29"W A DIST,~NCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID LOT 3 A.ND ALONG THE .~RC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, TItXOUGH A CENTRAL ANGLE OF 70°05'34", SUBTENDED BY A CHORD OF 28.71 FEET AT A BEARING OF S.55° 11' 18"W., FOR A DISTANCE OF 30.58 FEET TO THE POINT OF BEGINNING; CONT.-LINING 180.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF tLECORD. BEARINGS REFER TO THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE RO.'~d), AS BEING N.89*45'55"W. ttOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB ~ 1772 TtfOMAS M hll:'I~.~V~~ '; STATE OF FLORIDA FOLIO NO. ~.'~'-~' FEE SIMPLE INTEl{EST r CD RIVERCHASE BLVD 80' R- 0-'¢; ,'4 00'4.t'33" W EXHIBIT Page -: o~ I-II I HOLE MONTES LEGAL DESCRIPTION 34110 · Phone. 239254 20C0. Fax 239 254 2C99 TEI~ POP, ARY DRIVEVVAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/I7/3 REF. DWG. ~B-3793 PARCEL NO. 705 A PORTION OF RIVERCttASE BOULEV:~-~D (TRACT "j"l OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED iN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICU1, ARLY DESCRIBED AS FOLLOWS: BEGIN AT THE iNTERSECTION OF 'FILE CENTERLINnE OF RIVERCHASE BO[ILEVARD (TRACT "J"), WITH THE NORTHERLY R1GHT-OF \VAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON TIlE BGUNDARY OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 A ~ PAGES 20 .~ND 21 OF THE PUn3LIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 89~45'55"W., .~LONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND .~LONG TILE NORTHERLY RIGHT OF-WAY LINE OF IMMOKALEE ROAD, FOR A DIST.~NCE OF 65.42 FEET TO A POINT ON THE WESTERLY BOUN~DARY OF RIVERCHASE BOULEVARD, T!{E SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POLNT BEARS N 00°14'05"E., A DISTANCE OF 25.00 bEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD AND ?~LONG THE ARC OF SAID CURVE TO THE LEFrF, HAVING A RADIUS OF 25 00 FEET, THROUGH A CENTRAL .,~'qGLE OF 70°05'34'', SUBTENDED BY A CHORD OF 28.7I I:EET AT A BEARING OF N.55°1 t'l 8"E., FOR A DISTANCE OF 30.58 FEET TO TH~ END OF SAID CURVE; THENCE RUN S,89°26'48"E. FOR A DISTANCE OF 83.18 FEET TO A POINT ON THE EASTERLY B OUN'DARY OF RI\'ERCHASE BOULEVARD, ]'HE S>2dE BEING A POINT ON A CIRCLILAR CURVE, CONCAyrE NORTF[EASTERLY, WI-lOSE RADIUS POINT BEARS N.69° 1 ! '47"E., A DISTANCE OF 25.00 Iq~ET TIIEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE EASTERLY BOUNDARY OF RIVERCtlASE BOULEVARD AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A R~,~DJUS OF 25.00 FEET, T~LROUGH A CENTRAL ANGLE OF 68°57'42', SUBTENDED BY A CHORD OF 28.3i FEET AT A BEARING OF $.55°17'04'E., FOR A DISTANCE OF 30.09 FEET TO THE MOST SOUTHEASTERLY CORNER OF RIVERCHASE BOULE\q~_RD, THE SAME BEING A POhNT ON TI-t]~ BOUNDARY OF SAZD RIVERCHASE COMMONS .qND A POINT ON THE NORTHERLY RIGHT-OF-WAY LLNE OF IM2vlOKALEE ROAD; THENCE RUN N.g9o45'55"W.. ALONG TI-tE BOUNDARY OF SAID RIVERCHASE COMMONS AND >~LONG TIlE NORTHERLY RIGItT-OF>¢,'Ay LINE OF *rMMOK.4J~EE RO>dD. FOR A DISTANCE OF 6449 FEET TO THE POINT C)F BEGINNING: CONTMNING 1660 0 SQUARE FEET, MORE OR LESS. [}tis PROPERTY iS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF }LECORD. BEARINGS REFER TO THE NORTFLERLY RIGHT-OF-WAY LINE OF hMMOKALEE ROAD. ,-kS BEhNG N.g9°45 '55"W. EXHIBIT. "-5 0 RESTORATION F_A,~EI~IEhrr (DURATIO~i: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Z FOLIO NO. '-, ~%X/~c/?~/ EXHIBIT HOLE MONTES 950 Er core .,~/a1, - hapes F~:~.:a 34U0 * Phone 7:39.254 2000 · Fax: 239.254 2:99 FEE SIMPLE m,4 PROJECT ,2¢q00~7 INTEREST 7/i 7,3 x~F. DWG. ~-~702 PARCEL NO. 106 LEGAL DESCRIPTION A PORTION OF i OT 9 OF RIVERCHASE COMMONS ACCOICDiNG TO 'F[-E~ PLAT THEREOF RECORDED IN PLAT BOt :K _:2 .Vi PAGi::5 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE P?~,TICU.L ~RLY DESCRIBED AS FOLLOWS: COMSLENCE AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVM~.D, AN 80 00 FOOT RIGHF-OF-WAY, WITH THE NORTHERLY RIGHT-OF WAY LINE OF [IvlMOKALEE ROAD, THE SAME BEING A POINT ON TIlE BOU%'DARY OF RI'vTRCHASE COMMONS ACCORDING TO TH~ PLAT TltEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 ,-UqD 21 OF THE PUBLIC RECORDS OF COLLLER COUNTY, F'LORIDA; THENCE RUN S 89°45'55"E., .-~LONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG ritE. NORDIERLY RIGHT-OF-WAY LINE OF [MMOKALEE RO.~D, FOR A DISTANCE OF 64.59 FEET TO A I'U!:'Cl ON FHE BOUNDARY OF LOT 9 OF SAID RI\,ERCHASE COMMONS; THENCE CONTINUE S gg°45'sY'g, ALONG TIlE BOUNDARY OF S,~dD LOT 9 &ND ALONG TILE NORTHERLY RIGHT-OF-WAY LLNE OF IMMOKALEE ROAD, FOR A DISTANCE OF 14.31 FEET; THENCE RUN N.00°I4'05"E. FOR A DISTANCE OF 5 O0 FEET; THENCE RUN N,59°45'55"W. FOR A DISTANCE OF 22.05 FEET; TttENCE RUN N.89°4~'q V'W FOR .~ DISTANCE OF 18.54 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 9. THE SAME BELNG \ i",;;N I [)N A CIRCULAR CURVE. CONCAVE NORTHEASTERLY, WHOSE R,~DIUS POINT BE.aRS N.o9° 1 I 4" E. : ;zL',T.MNCE OF 25,00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY. ALONG TIlE BOUND.XRY ~ )F :>.kid LOT 9 AND ALONG THE ,-MRC OF SAID CURVE TO THE LEFF. HAVING A R.~DIUS OF 25.00 laTE'F, T!fROUGH A CENTRAL ANGLE OF 6~°5T42'', SUBTENDED BY A CttORD OF 28.31 FEET AF A BEARING (IF S.55°17'04"E.. };OR A DIST.-MNCE OF 30.09 FEET TO TIlE POINT OF BEGINNING; CONTAINING 395 4 SQk -',RE ,r'FET, MOtLE ,DR LESS. I'H!S PROPERTY ?, .qtTB Ir:C"2 TO EASEMENTS, RESERV hi'IONS OR RESTRICTIONS OF RECORD. BE \.RINGS REFER TO THeE NORTIiERLY RiGltT-OF \VAT lANE OF IMMOK/~LEE ROAD, AS BEING S 89°45'55"E. iIOLE MONTES, INC. CERT]F:CAFION OF AUTHORIZAI'ION LB .~1772 Tit0MAS M. i~'I'L-F~HY ETAFE OF FLORIDA FEE SIMPLE INTEREST EXHIBIT ~ Pa~e ~ o~ '~,~,~ RIYERCHASE BL~/D 80' R-O-W -~ c;o',,,:,'os" FOLIO NO. '~'~)F (~:y';'~ "'~ ~'~ EXHIBIT.. Page ~' ? HOLE MONTES LEGAL DESCRIPTION 950 Encore Way · Na¢ies, Fiond~ 34;10 · Phsp, e. 239254.2008 · Fax: 239 254 2399 TEMPO,~,RY DRIVEWAY (DURATION: 3 YEARS FROM tIM PROJECT #2000067 7/17t3 REF DWG. ~B-3794 P/kRCEL NO. 707 A PORTION OF COLLIER'S RESERVE DRIVE (TRACT R) OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 TI-[ROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT TIlE INTERSECTION OF THE CENTER.LINE OF COLLIER'S RESERVE DRIVE (TRACT R) wrDt THE NORTtIERLY RIGHT-OF-WAY LINE OF IMMOKALEE RO)d) AS THE SPUME IS SHOWN ON TIlE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF P,.ECORDED IN PLAT BOOK 20 AT PAGES 59 I'ttROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COL%WY, FLORIDA, THE SAME BEING A POINT ON 'FILE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN N89°45'55"W., ALONG THE BOUNDARY OF SAID COLI. IER'S RESERVE AND .&LONG THE NORTtIERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTAaNCE OF 90.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COLLIER'S RESERVE DRIVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCA\rE NORTICq~TiSTERLY, WtlOSE RADIUS POiNT BEARS N.00°14'05'E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG SAID Xkq~STERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVtNG A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUBTENDED BY A CttORD OF 35.36 FEET AT A BEARING OF N.45:14'05"E., FOR A DISTANCE OF 39.27 FEET TO THE END OF SAID CURVE; THENCE RUN N.00°i4'05"E., .&.LONG SAID WESTERLY RIGHT-OF-WAY LI~NqE, FOR A DISTANCE OF I4.00 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 130 00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER'S .RESERVE DRIVE; THENCE RUN S 00°14'05"W., .&LONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 14.00 FEET TO TIlE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORT}IEASTERLY; Tt[ENCE RUN SOUTHEASTERLY .&lONG SA~D LAS; ERLY RIGHT-OF-WAY L1NIE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL .~NGLE OF 90°00'00'', SUBTENrDED BY A CHORD OF 35.36 FEET AT A BEARING OF S 44°45'55"E., FOR A DISTANCE OF 39.27 FEET TO THE MOST SOUTHEASTERLY CORNER OF COLLIER'S RESERVE DRIVE, THE S.~-ME BELNG A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; TIIENCE RUN N.89°45'55"W., ,&LONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RiGHT-OF-WAY LINE OF IM~MOKALEE ROAD, FOR A DIST.4~NCE OF 9000 FEET TO THE POINT OF BEG[N.%'ING; CONTAINING 5338.3 SQUARE EEET. MORE OR LESS. Tills PROPF~R FY IS SUBJECT TO EASE,~'LENTS, RESERVATIONS OR RESTRICTIONS OF tdSCO~ZD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERX/qE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUG}t 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AS BEING N.89°45'55"W. HOLE MONTES, INC. CERTIF!C .VFION OF AUTHORIZATION LB #1772 THOMAS M MLrRPICf STATE OF H~ORIDA 7: L1 COLLIER'S RESERVE DRIVE L2 FOLIO P~cje i~ ot 'J C HOLE MONTES i~&ih~?S FL,V;qER5 EL~V~O~S 341' O · PDs~,e 239 254 2000 ' Fa× 230 254 2,~09 SIMPLE ~M PeojEc'r #2000067 FEE 7/! 7/3 INTEREST PARCEL NO. 10S LEG ~.L DESCRIPTION .\ P.~RCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTtt. R..~NGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICUL&RLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SPdME BEING A POINT ON THE SOUTi-IERLY RIGHT-OF- WAY LINE OF tMMOKALEE ROAD; THENCE RUN S.02°20'52-E., ALONG THE WESTERLY BOUNDARY OF SAID CREEKS1DE COMMERCE PARK WEST - UNIT ON'E, FOR A DISTANCE OF 5(1I FEET; THENCE RUN N.89°45'55"W. FOR A DIST.~LNCE OF 3504 P~F~ET; TH]ENCE RUN N.OO°I4'O5"E FOR A DIST)dqCE OF 5.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.g9°45'55"E., .aLONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKAi. EE ROAD, FOR A DISTANCE OF 34 8 ! FEET TO THE POINVl' OF BEGINNING; CONTAINING I74.6 SQU.aA~E FEET, MORE OR LESS. THIS PROPERTY iS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY LINE OF hMMOKALEE ROAD AS BEING S 89°45'55"E. !IOLE MONTES, 1NC. CERTIFICATION OF AUTHORIZATION LB ~i772 THOMAS P.S.M. ~5628 STATE OF FLORIDA FOLIO NO., (.; ;-,, Page ~1 of ~q ? HOLE MONTES ~f PROJECT W2000067 FEE SIMPLE iNTEREST ~F, PWG. ~B-3vov PARCEL NO. t 12 LEGAL DESCRIPTION A PORTION OF LOT ! OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO TIlE PLAT 'rHEREOF RECORDED IN PLAT BOOK 39 AT PAGES 57 .~,ND 58 OF TIlE PUBLIC RECORDS OF COLLIER COIFNTY, FLORIDA, BEING MOIRE P.MiTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTitEASTER[ Y CORNER OP LOT 2 OF CREEKSIDE COMMERCE P.M~K WEST - ~:rNIT ONE ACCORDING TO THE PLAT THER~!OI~ R]ECORDED IN PLAT BOOK 29 AT PAGES 57 AND ~8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TtlENCE RUN S.00°I 1 '09"W., ALONG THE EASTERLY BOUNDARY OF SAiD LOT ~, FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'5 I"W. }:OR A DISTANCE OF 21 89 PEET., THENCE RUN N.O0°I I '09"E. FOR A DISTANCE OF fi 00 EEET TO A POINT ON TIlE NORTHERLY BOUNDARY OF SAID LOT 2: THENCE RU;~N S.89"48'5 I"E., .ALONG THE NORTHERLY BOUNqDARY OF SAID LOT 2; FOR A DISTANCE OF 21.89 FEET TO THE POINT OF BEGINNINCA; CONTAINING 1094 SQUARE },EET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR ILESTR1CTIONS OF RECORD. BE.MAiNGS RFH:'R TO TIlE NORTHERLY BOUNDARY OF LOT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT ON% -\,7'('( R DiNG TO 'FILE PLAT TH'EREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, [~ORIDA. AS BEING S.89°45'5 I"E. HOLE MONIES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 BY TItOMAS M. M LrR~,I~¢ ~r STATE OF FLORIDA JAN 2 7 2004 FEE S~MPLE INTEREST EXHIBIT Page 2 L2 Z CREEKSIDE WAY 0 Page :, of :~i ~ HOLE ~M PRO]~iCT S~00006? ~~ t:~,'0~ G~~ ~ REF DWG. ~B-4467 ~: ~ ~8 ~ .... PARCEL NO. 708 .-X p.~C~L OF I.AND LOCATED 1N ~[~ NORTHWEST QU.~R OF SECTION 27, 'I'OWNS~t~ 48 sOUTH, ~<ANGE 55 EAST, COLLIER COUNTY, FLORIDA, BEING MO~ PARTICU~LY DESCRIBED AS FOLLOWS: cOMMENCE AT T}~ MOST NORTHWESTE~Y CORNER OF C~EKSIDE COMMERCE PARK WES7 - UNIT ON~ ACCORDING TO T}~ PLAT ~EREOF ~cO~ED IN PLAT BOOK 29 AT PAGES 57 AND 5g OF PUBLIC RECORDS OF COLLAR COUNTY, ~O~DA, T~ S.&~ BEING A POINT ON TI~ SOL~.~Y RIG~' OF WAY L~ OF IMMOK.~.EE RO~; T~N~ RUN S.02~0'5T'E., ~ONG 'r}~ ~STI~Y BOL~.~Y OF S~ C~EKSIDE CO~IERCE P.~ ~ST - ~IT O~, FOR A DISTANCE OF 5 01 ~ TO ~['l~ POINt_OF BEGINNING OF T~ PARCEL OF LA~ ~ DESCRIBED; T~NCE CONTIN(~ S.02: ?(" 52"E, ALONG THE ~S~RLY BOU~.~Y OF S.MD CREEKS1DE COMMERCE P,~K WEST - ONE, FOR A DiST.~NCE OF 5.01 ~; TI~NCE RUN N.89=45'55''W-, FOR A DIST~CE OP 55.36 ~ET; I'I-~NCE RUN N.00°14'26'~., FOR A DIST,~CE OF 5.00 ~ET; T~NCE RU~ N.89*45'55"W., FOR A DIST.~CE ()F 435 O0 FEET; T~NCE R~ S.~° 14'26''W., FOR A DISTANCE OF 5.00 ~ET; TI~NCE RUN N.89045'55''W-, 5fOR A DISTANCE OF 30.~ ~ET; T~NCE R~ N.00=14'26''E-, FOR A DISTANCE OF i0.00 FEET TO A POINT ,5N 'I [~E SOLITI~RL~' RIGHT-OF-WAY L~ OF I~IOK~EE RO.~; T~NCE RL~ S.89=45'55"E-, .,~ONG 'iHE ~ ~1 F!IERI.Y RIGHT-OF-WAY L~ OF IMMOK~EE RO,~ FOR A DIST,~CE OF 485 10 FEET; T~NCE RUN S ',0 [ x't,5 'W., FOR A DISTANCE OF 5.00 FEET; TI~NCE R[~ S.S9°45'55''E-, FOR A DISTANCE OF 35.04 i:EE'[' [O DiE PO[~ OF BEGIN~N~; CONTAIN~G 2,8518 SQU~E ~ET. MORE OR I~SS. Dt!S PROPERTY IS SUB'CT TO EASE~NTS, ~SERVATIONS OR ~STRICTIONS OF ~CORD. BE '~D,{~S REFER TO DiE SOU'r~Y ~GHT-OF-WAY LIN~ OF ~{OKALEE RO~ AS BEING 5.8v-45'"5' E i iOLE MONTES, INC. CERT~ICAT1ON 0~ AUTHO~ATION LB ~ 1772 BY _ 'I;HO~AS M ~IL~?~ STATE OF ~ORIDA NO. 3 i JAN 2 7 200q Pg. ~ EXHIBIT /~ Page~2 of ~-~ TRACT 'N' CREEKSIDE: COMMERCE PARK WEST - U.h~IT CNE ? B 29, POS 57-5,8 5.00 Z ~25.00' 2500't 0 ¢.~. z/d L AG AI M No,_~~ _ JAN 2 7 200~ EXHIBIT HOLE MONTES Way t;ac,,es, FioriJa 341 '.O Prior, e: 941 2542000 - F~.: 94125¢ 2099 HM PP, OIECT ~2000067 FEE SIMPLE 7/16/3 INTE~T P, EF. DWG. ~B-3626-2 PARCEL NO, 109 LEGAL DESCRIPTION A PORTION OF TRACT "DI" OF COLLIER'S RESERX/nE ACCORDING TO THE PLAT T}IERE©F RECORDED IN PLAT BOOK 213 AT PAGES 59 THROUGH $7 OF '[HE PUBLIC RECORDS OF COLLIER COUNTY. ~DRfDA, BEING MORE PARTICULAtLLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF TIdE CENTERLINE OF COLLIER'S RESERVE DRIVE WITII ]'HE NORTHERLY RIGHT-OF-WAY LINE C)F IMMOKALEE ROAD AS THE S,~'ME IS SHOWN ON 2'HE PLAF ©F COLLIER'S RESERVE ACCORDING TO ]'HE PLAT THEREOF RECORDED ~N PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLJER COUNTY, FLORIDA, THE S.a~vIE BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESER\rE; THENCE RUN S.$9°45'55"E., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE .aND ALONG THE NOR [HERLY RIGHT-OF-WAY LINE OF IMIvIOKALEE ROAX), FOR A DISTANCE OF 90.00 FEET TO A POINT ON T~LE BOUNDARY OF TRACT "01' OF SAID COLLIER'S RESERVE AN'D THE POINT OF BEGINNING OF '[HE PARCEL OF LAND HEREIN DESCRIBED; TI:IENCE RUN N.O0° 14'05"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°45'55"W. FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "0~", THE SAME BEING A PC)INT ON A C[RCUL.,~R CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.37~06' 16"E. A DIST.LNCE OF 25.~0 FEET TI~IEREFROM; THENCE RUN SOUTHEASTERLY, ALONG TI-IE BOUNDARY OF SAID TRACT "01" AND ALONG THE A.RC OF SAID CLrRVE TO THE LEFT, ttAV1NG A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36°52'12TM, SUBTENDED BY A CHORD OF 15.81 FEET AT A BEARING OF S.71°19'49'E, FOR A DISTANCE OF 16.09 FEET TO THE POIK? OF BEGIN2','ING; CONTAINING 51.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEIvIENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDzXA{Y OF TRACT "01" OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROLIGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FI.ORIDA, AS BEING S.89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTtlORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA No.. \k ) JAN 2 7 200 FEE SIMPt.E INTER~8'E EXH~ J P~ge ,~ H o~ ~ L~ k © 0 !25.00' O' .25.00' C)'N~ COLL!ER'S RESERVE DRIVE O -o N O A~OA NO. I,,~.,~ . JAN 2 7 2004 Pg. HOLE MONTES ~!,'GIN~ERS. ~!N~S SURV~D'ORS §50 E~ccre ?~3~ ' F ~ies. Flcrica ~10 · Phon~: 239 2~20~ · Fax: 239 254 2099 HM PROJEC~ ~20~)067 ~M~ DR~AY 7/1713 RES~ON ~EME~ RE~. DWG. ~B-3795 (D~T~: 3 Y~S F~ PARCEL NO, 7O9 COMME~ME~ OF ~~ LEG~ DESCRIPTION A PORTION OF TRACT "01" OF COLLAR'S ~SERVE ACCO~tNG TO T~ PLAT Tt~REOF ~CORDED IN PLAT BOOK 20 AT PAGES 59 T~OUGH 87 OF T~ P~LIC ~CORDS OF COLLIER COUNTY, [-~ORIDA, BEING MO~ P~TICUL~LY DESCRIBED AS FOLLOWS: COM~NCE AT T~ I~ERSECTION OF T}~ CENTE~INE OF COLLIER'S i~SERVE DRIVE WITH T}~ NOR'I'~Y RIGHT-OF-WAY LINE OF IMMOKALEE RO~ AS T~ SAME IS SHOWN ON T}SE PLAT OF COLLAR'S ~SER~ ACCORDING TO T~ PLAT THE~OF ~CORDED IN PLAT BOOK 20 AT PAGES 59 T~OUGH 87 OF T~ PUBLIC ~CORDS OF COLLAR COU~Y, ~ORIDA, THE S~ BEING A POINT ON F}~ BO~DARY OF SAID COLLAR'S ~SERVE; T~NCE RU~ S.89~45'55"E., ~ONG THE BOU~ARY OF S,~ COLLAR'S ~SERVE A~ ,~.ONG T[~ NORT}~Y RIGHT-OF-WAY LINE OF IMMOKAI.EE ROAD, FOR A DISTANCE OF 90,00 ~ET TO A POINT ON T~ BOU~Y OF TRACT "0i" OF SAID COLI. IER'S ~SERVE, T}~ S~ BEING A PO~T ON A CIRCUL~ CURVE, CONCAVE NORTHEASTEr. Y, WHOSE R.~IUS POI~ BE~S N.00°i4'05"E., A DISTANCE OF 25.00 ~ET TIERE~OM; THENCE RUN NORTH~STE~Y, ALONG T~ BOU~.~Y OF TRACT "0t" AND ~ONG T~ ARC OF S~D CL~VE TO THE RIG~, HAVING A R~IUS OF 25.00 P~ET, T~OUGH A CENT~ ,~GLE OF 36=49'00'', S~TENDED BY A CHORD OF 15,79 ~ET AT A BE~'G OF N,71°21'25"W. FOR A DIST.~CE OF 16.06 ~ET TO T~ POI~ OF BEGIN~NG O~ T~ P~CEL OF L.~ ~RE~ DESC~ED; T~NCE CONTI~E NORT~ESTE~Y, .~ONG T~ BO~DARY OF SAID T~ "01" AND ALONG THE ARC OF SAID CURVE TO T~ RIG~, HAVING A ~IUS OF 25 00 ~ET, T~OUGH A CENTR~ .~N GLE OF 53~ l l '00", SUBTENDED BY A CHORD OF 22.38 ~T AT A BE.~G OF N.26~21 '25"W., FOR A DISTANCE OF 23.21 ~ET 70 T~ E~ OF S,~D CUR~; T~NCE RUN N.00Ol4'05"E., ~ONG THE BOL~DARY OF SAID TRACT FOR A DISTANCE OF 14.00 ~ET; T~NCE RL~ S.89~45'55"E FOR A DIST~E OF 1002 ~; THENCE RUN S 00o14'05"W. FOR A DISTA.N CE OF 34.01 FEET TO T~ POI~ OF BEGInnING; CONTAINING 280.4 SQUARE ~ET, MO~ OR LESS. THIS PROPERIY IS SUBJECT TO EASE~NTS, ~SERVAT1ONS OR RESTRICTIONS OF RECORD. BE,~INGS ~R TO TI~ SOUT~Y BOUND.~Y OF COLLAR'S ~S~RVE ACCORDING TO THE PLAT T~OF ~CO~ED IN PLAT BOOK 20 AT PAGES 59 T}~OUGH 87 OF TI-~ P[~LIC ~CORDS OF COLLIER COUNTY, ~OR~A, AS BEING 5.89~45'55'E. HOLE MONTES, INC. CERTI~CATION OF AUTHORIZATION LB ~1772 THOMAS ,'vi. MUiI/PHY b' STATE OF FLORIDA JAN 2 7 200 COLLIER'S RESERVE DPv h~ 30",4'85" E ,,qAC t' '~uf_mLR ~ RESERVE '2B. 20, PGS JAN 2 7 200~ HOLE MONTES FEE SIMP~ .~ INTEREST LEG.~L DESCRIPTION THE NORTtl 5 00 FEET OF TRACT LI OF CP,.EEKSIDE cOMMERCE PARK WEST - UNIT ()NE ACCC;RDING TO THE PLAT TI4EREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC R~CORDS OF COLLIER COUNTY. FLORIDA; CONT,~-INLNG 1.787.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY 1S SUBJECT 'FO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BE?d~INGS REFER 'FO THE NORTHERLY BOUNDARY LINE OF TRAk'TI' Li OF CREEKSDE COMMERCE PARK WEST - UNIT ONE, PLAT BOOK 29 AT PAGES 57 .&.ND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORLDA. AS BEING S89°45'55"E. ilOLE M(~N't'ES, ~NC. t'ER. I'[FIC..VI I©N OF AUTHORIZATION LB #I772 JAN 2 7 ZOOq FEE SIMPLE INTEREST m ___CL_ CREEKSIDE WAY TRACT Ft CREEKSII]E CONNERCE PARK WEST U!'I}/ OHE P.B. 29, P6S 57-5s L1 '25.00' 25 CO' FOLIO NO. AG F/C/~A IT~,~ No. JAN 2 1 200~ Pg. ~ EXHIBIT Page 2'~ ~ HOLE MONTES iS:, 5rzore ';,iai, baa!es, Fodaa 3zd ~O PBo~e 941 254 20C0 Fax: 941.254.i099HM PROJECT 810~067 FEE SIMPLE ?,')u3 INTEREST ~F. PWG ,~-3~0-] pARc'n_ NO. ~ ~ LEG Pd~ DESCRIPTION A PORTION OF LOT 3 OF C1LEEKSIDE COMMERCE PARK WEST - UNiT ONE ACCORDING TO THE PI.AT TffEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DF~SCRFBED AS FOLLOWS: BEGIN AT TrEE MOST NORTHWESTERLY CORNER OF LOT 3 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE S.424E BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID LOT 3 .~ND ALONG SAiD SOUTItERLY RIGHT-OF-WAY LINE, EOR A DIST.'tNCE OF 19.38 FEET; DIENCE RUN S.00°14'05'W., )~L.ONG TtlTE BOUNDARY OF SAFD LOT 3 AND ALONG SAIl) SOUTttERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 5.00 FEET; TERENCE RUN N.89°45'55"W. FOR A DISTANCE OF ~9.35 FEE'[ TO A POINT ON THE BOUNDARY OF SAID LOT 3; THENCE RUN N.00°08'34"W., ALONG FIlE BOUNDARY OF SAID LOT 3, FOR A DISTANCE OF 5.00 FEET TO THE _POINT OP BEGINSNING; CON FAINING 98.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECOILD. BEARINGS REFER TO THE NORTHERLY BOUNDARY LOT 3 ©~ CREEKSIDE COMMERCE PARK WEST - [;NIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 A.ND 58 OF TbLE PUB1AC RECORDS OF COLLIER COUNTY. FLORIDA, AS BEING S 89°45'55'E. HOLE MONTES, INC. CER I'IFICA'I ION OF AUTHORIZATION LB #1772 · -' I'HOMAS, , PS.M. #5628 STATE OF FLORiI)A FOLIO NO. b No..I.t] JAN 2 7 200 FEE SIMPLE INTEREST EXHIBIT. Page ~ ~ o~ ~z % FEE SIMPLE INTEREST EXHIBIT Page "~ _o "-5 FOLIO NO. ,~,}~i 1~'~9 Page -z'X~of --~ 7 HOLE MONTES 239.254 2000, Fax: Z39 254 2059 FEE SIMPLE HM PROJECTI' -~2000067 INTEREST 7/17/3 REF. DWG. #B-3706 PARCEL NO. 113 LEGAL DESCRIPTION A PORTION OF TRACT I OF COLLIER'S REEERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 .AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, F'LORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOU~FHEASTERLY CORNER OF TRACT I OF COLLIER'S RESERVE ACCO1LDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE pUrBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.05:37'21"W., ALONG THE EASTERLY BOUNDARY OF SAID TRACT I, FOR A DISTAJ'4CE OF 1422 PEET; THENCE RUN S.30°10'43"W. FOR A DISTANCE OF 16.33 FEET TO A POINT ON T}[E SOUTHERLY BOUNDARY OF SAID TRACT 1; THENCE RUN S.~9°48'51"E., ALONG TIlE SOLrI~HERLY BOUNDARY OF SAID TRACT I, FOR A DIST.A, NCE OF 9.60 FEET ro THE POINT OF BEGINNING; CONTAINING 67.9 SQUARE ~iET, MORE OR LESS. i'ttIS PROPERTY IS SUBJECT TO EASEMEN I'S, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REt:ER TO TIlE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO TIlE PLAT TtIEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, [~ORIDA, AS BEING S.89°48'5 I"E. ttOLE MONTES, INC. CER FFFICATION OF.AUTHORIZATiON LB v1772 FHOMAS M MUKPH P.$.M. ~5625 STATE OF FLORIDA JAN 2 7 200~ FEE SIMPLE INTEREST 0 ~--0 0 Z EXHIBIT 25 O0' FOLIO JAN 2 ? 200~ Pg ~ HOLE MONTES ~;L 'F.E~'~ L~NNEHS 50 E ::re W/- *,2:.,es. :'1,;,:~ ~L~;'O . mhone; 239 254 20~ - Fax: 235 254 2075 ~~ HM PROJECT ~2000067 ~S~ ~~ 12/04/03 (~: 3 ~S FR~ ~F. DWG ¢B-4398-i LEGAL DESCRIPTION C'~E~ ~ ~~) P.~CEL NO. 7t3 A PORTION OF TRACT I OF COLLIER'S }~SERVE ACCORDING TO THE PLAT T~REOF RECORDED 1N PLAT BOOK 20 AT PAGES 59 THROUGH S7 OF THE PUBLIC ~CORDS OF COLLIER COUNTY, ~OR1DA, BEING MORE P,~TICUL.~RLy DESCRIBED .~ FOLLOWS: COMMENCE AT THE MOST SOUTI~AS] ERLY CORNER OF TRACT I OF COLLIER'S ~SERX~ ACCO~ING TO Tk~ PLAT Tt~REOF ~CORDED IN PLAT BOOK 20 AT PAGES 59 T~OUGtt g7 OF TF~ PUBLIC ~CO~S OF COLLIER COU~Y, ~ORIDA; THENCE RUN N.89°48'51 "W., ,~ONG T~ SObeRLY BOUND~Y OF S,MD ~ACT I. AND .~ONG TF~ NORTH RIGHT-OF-WAY LI~ OF LMMOK~EE RO~, FOR A DIST.~'CE OF 960 ~ET TO THE POINU' OF BEGI~ffNG OF T~ PARCEL OF L.~'D ~IN DESCRIBED; F~NCE CONTINU~ N.g9~48'5 I"W., .~ONG T~ SO~y BOUNDARY OF S~D TRACT I, AND ~ONG I'HE NORTH RIGHT-OF-WAY LINE OF SAID IMMOK~EE ROAD, FOR A DISTANCE OF 407.00 ~EI'; THENCE RUN N.00°I I '09"E., FOR A DIST~UNCE OF 25.00 ~ET TO A POINT 25.~ ~ET NORT~y AS MEASURUD AT RIGHT ANGLES TO 'F~ NORTH ~GHT-OF-WAY LINE OF SAID [MMOK~EE RO.~; DfENCE RUN S.89'48'51"E., P~ALLEL ~O THE NORFH ~GHT-OF-WAY LI~ OF SA~ IMMOK.~EE ROAD, FOR A DISTANCE OF 50.00 ~ET; THENCE RL~ S.~*I l'09"W, FOR A DIST~CE OF 10.~ ~ET TO A POINT 15 O0 HEI' NORTI~y AS ~ASUP~D AT RIGHT &NGLES TO T~ NORTH ~GHT-OF-WAY LINE OF SAID IX X OK.:d iSP RC)~U): Ti~NCE RUN S.89~48'51"E. P~LEL TO T~ NORTH RIG~-OF-WAY LINE OF S~D IMM, ~K ~LEL ROAD. FOR A DISTANCE OF 365.08 ~ET TO A POINT ON TF~ EASTERLY BOU~ARY OF SAiD TRACT I; TI~NCE Rb~ S 05=37'2i"E, .~ONG T~ BOUND~Y OF S~D TRACT I, FOR A DIST,~CE ()F () S fl t.~ET; ~ }~NCE RUN S.30= 10'4T,W., FOR A DIST.~N'CE OF 16 33 ~ET TO T~ POI~ OF BEGINNING- CON FA~N[NG 6/>69.7 SQU:~E ~ET. MO~ OR LESS. ' ['~ Ii5 P[;l )I'ERT5 ~5 SUBJECT TO EASEmeNTS. i~SERVATIONS OR RESTRICTIONS OF ~CORD. BEARINGS REaR TO T~ SOUYHE~Y BOL%-D,-~y OF TRACT I OF COLL!ER:S R~SERX,'E ACCORDING TO THE PLAT T~OF ~CO~ED IN PLAT BOOK 20 AT PAGES 59 T~OUGH 87 OF THE PUBLIC ~CORDS OF COLLAR COUNTY, ~ORIDA. AS BEING S 89:48'51"E. t{O1.E MONTES, INC. (ER i'iFICATION OF AU'['HORIZ.&TION t~B #1772 ?.S.M. ~5028 S'I ATE OF H..ORIDA JAN 2 ? Pcj. ~ EXHIBIT ~':~ Page~,:,, of :q~ I I L2 15.00' ' z/ // b~ FOLIO %, i ' NO.~.a ,'~ ..... C... JAN 2 7 2006 EXHIBIT Page ~? cd HOLE MONTES t'fi3 E:'ccre ¢,?:,, h~:.:es, Fio,'~a~ 341t0. P'~a-:e: 2...9254.20£,0. Fax: 239.254 2099 I tM PRGJECT ~2000067 FEE SIMPLE 7/17/32 INTEREST REV. DWG ~B-3V08 P.KRCEL NO. 114 LEGAL DESCRIPTION A PORTION OF LOT ! OF CREEKSIDE COM*LERCE PARK WEST - UNIT ONE ACCORDING TO 'DIE PLAT Tit]EREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA, BEING MORE PARTICb~L,~RL, y DESCRIBED AS FOLLOWS: BEGIN AT TtFE MOST NORTHWESTERLY COP~NER OF LOT i OF CREEKSIDE COMMERCE P.ad,tK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 .adN7) 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°4g'51"E., ALONG THE NORTHERLY BOUND.tRY OF SAID LOT i, FOR A DISTANCE OF 21 62 FEET; THENCE RUN S.00°I 1 '09"W. FOR A DIST.&NCE OF 5 00 FEET; THENCE RU'N N 89°48'5 i"W. FOR A DISTANCE OF 21.62 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00°I 1 '09"E., ALONG THE WESTERLY BOUNDARY OF SAiD LOT 1, FOR A DIST,~NCE OF 5.00 ,nEET TO THE POINT OF BEGINNING; CONT.adNiNG 1 (;8.1 SQUARE FEET, *lORE OR LESS. ]'HIS PROPERTY IS SUBJECT TO EASEM]ENTS, RESERVATIONS OR RESTP, ICTIONS OF RECORD. BEARINGS REFER TO TIlE NORTHERLY BOUNDARY OF LOT I OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING 'FO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 5'7 AND 58 OF FIlE PUBLIC RECORDS OF CO[~L. IER COUNTY, FLORIDA, AS BEING S.89°48'51"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY THOMAS M. MURPHY ~ SI.ATE OF FLORtDA FOLIO NO. , Fi%:i IN2G[F-~AI~ '1 JAN 2 7 200 FEE SIMPLE INTEREST EXHIBIT ',-3 CREEKSIDE TRAIL ~ouo NO.:.~%, i9c,~e$ JAN 2 7 200~. Page ~,~ of HOLE MONTES 950 Eacor8 Way NacJ~£ F oi:Cla 34: ~: Pcane 94i 25420~ · Fax: ~1 254.2099 ~~ ~ HM PROJECT ~2000067 ~ ~~E~ REF DWG ~B-3627-1 t. EGAL D~SCn A PORTION OF TRACT B OF COLLIER HEALTH ~ARK :tCCORDING TO T~ PLAT T~R~OF ~CORDED IN PLAT BOOK ~ - AT PAGES 50 ~ND 5J OF THE PUBEIC ~CORDS OF COLLAR COUNTY. ~ORIDA, BEING MORE P.~TIC~A~y DESC~BED AS FOLLOWS: COMMENCE AT T~ ~['ERSECT1ON OF THE CENTEI~INE OF T~ FOR~R SE~OARD COASTLINE RA~RO.~ RIGHT-OF-WAy AS ~CO~ED IN O.R ~OOK 92I AT PAGE 1087 OF Tt~ PUBLIC ~CORDS OF COLLAR COUNty, ~ORIDA, WITH THE SOUTH LINE OF T~ SOUT~AST QU.~R OF SECTION 22, FOWNSH~ 48 SO.H, RANGE 25 EAST, COLLAR COL~rTy, ~O~DA, AS Tt~ S.~ ARE SHOWN ON PLAT OF COLLAR ~AUTH P.~K ACCORDhNG TO T~ PLAT T~REOF RECORDED IN PLAT BOOK 17 AT ?AGES 50 .~D 51 OF T~ PUBLIC ~CO~G)S OF COL~R COU~, ~O~A; THENCE RUN N.89°48'5 i"W.. ALONG T[~ SOL~H I.~N~ OF THE SOUTheAST QUARTER OF SA~ SE~ION 22. FOR A DISTANC~ OF 73.39 ~ET TO A POINT ON I JP2 BOUND~y OF T~ACT B OF S.~D CO~R ~.~TH P.~K. T~ S.~ME BEING A POINT ON A CIRCUL~ CURVE CONCA~ NORT:t~ST~I~y WHOSE ..... ~ , R,~IUS POINT BE.~S N.00°I ] '09"E. k DIST.~NCE OF 30.~ ~ET THEREfrOM; T~NCE R~ NORT~AS~RLY~ ALONG THE OF SA1D CUR', E t'O FHE LEFF, HAVING A R.~[US OF 30.00 ~ET, T~OUGH A CEN~L ~NG~ OF 76-'30'24". ~[ ~TENDED BY X CHORD OF 37.15 3~ET AT A BE.~ING OF N.51 °55'5T'E.. FOR A D1ST~CE OF 40 06 [5~'i ; O &POINT 25 00 ~ET NORT~T O~, AS MEASURED AT RIGI~ ANGLES TO, Tf~ SOUTH LINE O~ THE SOC~AST QU;~TER OF S~D SEC2 IC)N 22 AND T~ POINT OF BEGLN~'IN~ OF THE PhRCEL OF L .~ND ~I~ DESCRIBED: T~NCE CONT[~ NORThly. ~ONG T~ BOUNDARY OF SAiD TRA('T B AN~ ALONG 'F~ ~C OF SA~ CURVE TO T~ ~, HAVING A R,~IUS OF 3000 7HRO: ', ;~ A ~ 'SX :'~* -XL AN(;LE OF 19~15'46-, SUB]5~NDED BY A CHORD OF 10.04 P~ET AT A BEARING OF N ¢40."-"'F ~': "~;[STANCEOFlo.Og~ETTOTHEENDOFSAIDCURVE;T[~NCERUNNO5:35,01.,W., ~[ON(; [ J~:~UND.&RyO[:SAIDTRACTB. FORA D $T.%NCEOF~582~E-f;Tk~NCERUNS4748.26.W ?.)R A DIS 5ANCE OF 35.57 [~ET TO A POIXT 2~ ~ O [~ET NORT~y OF AS MEASURED AT RIGHT hNGLES TO, THE SOLWH LINE OF THE SOUT~ &S~ ~U,~TER OF S>~D SECTION 22; THENC'E RUN S ~s) 48'5 I"E.. P.~ALLEL W~'H T~ SOUTH L/NE OF 'F~ SOr~AST QUARTER OF SAID SECTION 22, FOR A DIS'[ ANCE OF 25.46 FEET TO T[~ POINT OF RHG~NING; CONT.~ING 3439 SQUA~ ~ET, MORE OR ['~ J~S J'~}OP[',R i'Y iS SU~JSCT TO EASEMENTS, RESERVA FIONS OR RESTRICTIONS OF RECORD. B~.-~R[NGS ~.~R TO ~ SOUTH LINE OF 'I'~ SOL:T~AST QUOTER OF SECTiON 22, ?OWNSHjp 48 .qO~;T}t. RANGE 25 EAST. COLLIER COUNTY. ~.ORiDA, -XS BEING N.89~48'5 i"W HOLE MON-FES, ~NC. ~ 'EiCFIFICAFION OF .z~UTHORIZATION LP ~I772 ; [ '2,~E OV ?=I ORIDA A JAN 2 7 200t Pg. -~ EXHIBIT~ Page mC") r---i 0 ~o ~b ' 25 ZG (]¥0~, NoAGE~ IT~---~ JAN 2 7 2OO~ HOLE MONTES I.EOAL DESCRIPTION TEMPORARy DRIVEWAy RESTORATION EASEMENT (DURATION: 3 YEARs FROM COMMENCEMENT OF CONSTRUCTION) HMPROJECT #2000067 12!04/03 B-3796 PARCEL NO 715-A A t'ORTION OF TRACT B OF COLLIER 5LE:xLTH PARK ACCORDING 'FO THE PLAT TI~REOF ~CORDED IN PI.AT BOOK I7 AT PAGES 50 AND 5 OF THE PUBLlC ~CORDS OF COLLIER COUNTY, ~ORIDA, BEING MO~ PARTICb~y DESCRIBED AS FOLLOWs: COMMENCE AT T~ MOST 3OUT;-~VESTE~y CORNER OF TRA~ B OF COLLIER t~TH ACCOR DING TO T~ PLAT T}~ICEOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF TI~ PUBLIC ~CO~S OF COLLIER COUNT. ~ORIDA; T~NCE RUN N.OS:57'34"W, .~ONG THE WESTE~y BOUND.~y OF SA~ TRACT B, FOR A DIST.~CE OF 23.13 ~ET TO A POINT 23 00 ~ET NORT~y OF. AS MEASI.~ED AT RIGHT ANGLES TO. THE WESTE~y OF T}~ P.~CEL OF I_.~ I~REIN DESCRIB ..... . .~t?.~o ~m ~i~STERLY BOUND~y OF S MD T ..... ~ ED, DIST.&NCE OF 28. ] 6 ~ET; T}~NCE RUN S 89°48'51 "~ FOR A DISTANCE OF 3421 ~ET TO A POINT ON .... * ~.~C~ ~, FOR A BOUNDARY OF TRACT "B I" OF PLA'I OF FRACT "B 1" ACCORDING TO THE PLAT T~OF RECORDED IN PLAT BOOK 26 AT PAGES 42 .~ND 43 OF THE PUBLIC RECORDS OF COLLAR COUNTY, ~ORIDA; TF~NCE RUN S.O0=i0,54,.W...~ONG THE BOU~.~y OF SAID TRACT "Bq", FOR A DIST.~NCE OF 6.80 ~ET TO THE BEGINNLNG OF A T.&NGEN rIAL CIRCULAR CURVE, CONCAX.~ EASTERLY; THENCE RUN SOUTHERLY, ALONG T~ BOU%'D~y OF SAID TRACT -B-!" &ND ALONG T~ ~C OF SAID CURVE TO T~ LEFt, HAVING A RADIUS OF 40 0O FEET. T}~O~ :GH A CENFRAL ,&NGLE OF 32000'05,,, SUBTENDED BY A CIlORD OF 22.05 ~ET AT A BEARINO OF S 15~49'09,.E.. FOR A DISTANCE OF 22.34 ~ET TO A POINT 2300 FEET NORTHERLY OF T}~ SOUTHE~y BOUND~y OF FRACT B OF SAID PLAT OF COLLIER ~TH P~K' THENCE RL~ N.g9o48-51,.W. PAR~LEL WITH THE SObWf~RLY BOL~DARY OF S.MD TRACT B, FOR A DISTAN('E OF ~7 -8 ~ET ['O TIPZ ~NT OF BEGINNING; CONTA~ING 9573 SQU.~E ~ET. MO~ OR t ESS ' ~ ' ' ': TIIlS PROPERTy 1S SL'BJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECO~. BEARINGS ~F~R TO THE SOUTH~y BOb%~.~y OF TRACT B OF COLLIER H~.~TH P:~K ACCORDING TO THE PLAT THE~OF RECORDED IN PLAF BOOK 17 AT PAGES 50 ~ND 51 OF 'DiE PL~LIC ~CORDS OF COLLIER CO[~ Fy, ~OR~DA, AS BEINO N 89:48'5 HOLE MONTES. JNC CERTIFICA I-~ON OF AUTHOR!ZA" ON LB; ~ STA rE OF JAN 2 1 200 EXHIBIT Page '-:~ of © l TEMPORARY DR~/EWAY AESTORA'nON EASEMENT ,~A.,h~A'rlON: 3 YEARS FROM Fq FOLIO NO.~~''e' ',d JAN 2 7 2OOq HOLE MONTES ~ HM PROJECT #2000067 t'DUF~tkTION: 3 ~ ~ REF DWG. ~B 4470 ~~ ~ C~S~) P.~(CEL NO. 715-B I_EGAL DESCRIPTION A PORTION OF TRACT B OF COLLAR HEALTH P.~K ACCORDING TO THE H.AT TItEREOF RECORDED IN PLA F BOOK 17 AT PAGES 5C, .kND 51 OF - .. PL:BLK' ~CORDS OF COLLIER COUNTY, ~ORIDA, BEING MO~ PARTICL~.~Ly DESCRIBED AS FOLLOWS: COMMENCE A F THE MOST SOUTk~ASTERLY CORNER OF TRACT "B-1" OF DIE PLAT OF 7RACT "B-i" ACCORD!NG TO 7HE PLAT THEREOF ~CORDED JN PL ~ T · .. BOOK 26 AT PAGES 42 .~D 43 OF T~ PL~LIC RECORDS OF COLL[ER COUNTY, ~ORIDA; T~NCE RU~ N.00*I 1 '09"E.~ FOR A D1ST.~NCE OF 23.00 ~ET TO A PO~T ON T~ NORThly RIGHT OF-WAY LINE OF INLMOKALEE ROAD THE SAME BEING POINT OF BEGINNING OF 'FIFE P.~CEL OF LAND ~IN DESCRIBED AND THE SAk~ BEING T[~ BEGINNING OF A CIRCLR.AR CURVE CONCAVE NORTF~ASIE~.y. WI lOSE R,~IUS POINT BEARS N.O0~ 1 l'09"E, A DISTANCE OF 50.00 ~{ET T[~RE~OM; T~NCE RU~ ALONG 7[~ ARC OF S.~D CURVE FO THE RIGHT. HAVING A RADIUS OF 50.00 ~ET, THROUGH A CENTR~ ANGLE OF 25%0'3t" SUBTENDED BY A CHORD OF 22.30 FEET AT A BERING OF N.76'SY36',W, FOR A DISTANCE OF 2'2-.55 ~ET I'O 7HE END OF S~D CURVE; THENCE RUN S.89~48'5 F'E, FOR A D1ST~CE OF 23 89 ~ET; THENCE RUN S.00~I i '14"W., FOR A DIST,~NCE OF 5.00 FEET TO A POINT ON TJ~ NORTHERLY RIGHT OF-WAY LIN~ OF IMMOKALEE ROAD; THENCE RUN N.89~48'5 I"W, :~.ONG T~ NORThly RIGHT-OF WAY LINE OF IMMOK,-~EE RO.~ FOR A DIST~MNCE OF 2 09 FEET [O T]~ POINT OF BEGINNING; CONTA[NING 83.9 SQUARE ~ET, MO~ OR L~S -~ FH!S PROPERTY IS SL~JECT TO EASEMENTS, ~;SERVATIONS OR I~STRICTIONS OF RECO~. BEARINGS REFER TO T~ %~ESI'E~y B()UND~y OF TRACT "B-I" ACCORDING '[O THE FLAT 'Fk~REOF RECORDED IN PLAT BOOK 2d AT PAGES 42 AND 43 OF THE PUBLIC RECO~)S OF COLLIER COUNTY, f~ORIDA. AS BEING N C()oi j '09"E. IIOLE MONTES, iNC. CERTI~CATION OF AUTHORIZAFiON LB ~1772 : - ,,OMAg M M[ZqP~' ~/STAFE OF ~.ORIDA FOLIO NO. A A JAN 2 7 200 ~ ~ w.~s FRO~¢ CD JAN 2 7 2004 HOLE MONTES 95¢ Enzoe ,~.a? · h3: es :!or,t:a 4!' ). Phcce 239 254 2000 · Fa~ 239 2% 2075 l tM PROJECT ~2000067 ~M~ ~AY t ~/o3 RES~ ~~ REF. DWG ~B-3797 (O~: 3 Y~S F~ P~CEL NO. 716-A OOMME~ME~ ~ CON~ I.E(}AL DESCR~ ION .X PORTION [)F TRAC~ 'B- E t~F 'F~ i"LAT OF TRACT "B- i" ACCO~ING TO T~ PLAT t~CORDED IN PLAT BOOK 2b AT PAGES 42 .,M~I) 43 oF Tt-~ PUBLIC ~CO~S OF COLLIER COUNTY, ~ORiDA, BEING MORE PARTICL~.ARLY DESCRIBED AS FOLLOWS: COMMENCE AT T~ MOST SOLWH%~STE~Y CORNER OF TRACT "B- 1" OF THE PLAT OF TRACT "B- ACCORDING FO THE PLAT THEREOF RECORDED iN PLAT BOOK 26 AT PAGES 42 A~ 43 OF THE PUBLIC RECO~S OF COLLAR COL~'TY, ~ORIDA; T~NCE RUN N.O0® 11 '09"E., .~ONG T~ X%~STE~Y BOL~DARY OF SAID ~ACT "B-I", FOR A DISTANCE OF 23.~ ~T TO T[~ POINW OF BEGINN~G OFT~ P&RCEL OF 1-XND ~IN DESCRIBED; T~NCE CONTL~ N.O0°I 1 '09"E. FOR A DIST.~NCE OF 28.00 FEET; ~HENCER[NN ~9¢48'51"W FOR A DiSTANCE OF 6 08 ~ET TO A POINT ON T~ WESTE~Y BOUND.~Y DF SAID TR XCI' 'B. 1"; ~NCE RUN S.O0~ 10'54"W, ~ONG T~ ~STE~Y BOUNDARY OF S,~D TRACT "B- 1", ~;OR A DIS FANCE OF 6.80 ~ET I'O T~ BEGINNING OF A T.~GE~[,~ C1RCULAR CURVE, CONCA~ E EAS~Y; T~NCE RUN SOUTItERLY, [LONG THE BOUND.~Y OF SAID TRACT "B-[" AND .&LONO THE ~C OF SA~D CURVE TO THE LEF[, liAVING A RADIUS OF 40.00 ~ET, T~OUGH A CENTRAL &NGLE O~ ~2 00'05", SUBTENDED BY A C!tO~) OF 22.05 P~ET AT A BE.~ING OF S 15049'09'E.. FOR A DISTANCE Of 22 ~a [~ET TO 'I'E~ POIN~F OF BEGIn;lNG: CONTAINING 128.7 SQU.~ ~ET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS DF RECORD. BE.~&iS;(;S RE~:R TO ]'~ ~ '& ESTE~Y BOUND.~Y OF TRACT "B- 1" ACCORDING TO THE PLAT THE~OF REC( R:)E: I' ::}. AI l~t,t ~K -'b A'F PAGES 42 AND 43 OF THE P[~LIC RECORDS OF COLLIER COUNTY. HOLE MONTES, iNC. CERTIFICATION OF AUTitORIZA FION LB n ~ 772 P S M :f5628 5 F.& I'E OF FLORIDA FOLIO A ~.~N.D A ITEM No. !.% ) JAN 2 ? 200 Paae u ~ ~ 't =_MPORA.rW D~AY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CON~ CZ) JAN Z 7 200~ HIBIT HOLE IVIONTES CONSTRL)CTION EA.SEMENT (DURATION: 3 YEA~S FROM ,,;C~IMEN~EMENT OF CONSTRUCTION) PROJECT ~2000067 12/04/03 REF. DWG. ~B-4-i77 P,~CEL NO. 716-B LEGAL DESCRIPTION A PORTION OF TRACT "B-i" (iF Tile PLAT OF TRACT "B 1" ACCORDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PL'BL1C RECORDS OF COLLIER COUNTY. F~ORIDA, BEING MORE P.,MRTICULARLY DESCRIBED -~,S FOLLOWS: COMMENCE AT THE MOST SOLTI-IeAS']'ERLY CORNER OF TRACT "B-i" OF TIle PLAT OF TRACT "B-I" ACCORDING TO THE PLAT T}IeREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF TH2E PUBLIC RECORDS OF COLLiE. R COUNTY, FLORIDA; THENCE RUN N.00°I l'09"E., FOR A DISTANCE OF 23.00 FEET I'O A POINT ON THE NORTHERLY RIGHT-OF-WAY I.LN'E OF IMMOKALEE ROAD THE SAME BEING THE POINT OF BEGINNINQ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°48'5 I"W., A~LONG TI-Ie NORTHERLY RIGHT-OF-WAY LiNE OF IMMOKALEE ROAD FOR A DIST,qgqCE OF 47.91 FEET; THENCE RUN N.00°I l'14"E. FOR A DIST UNCE OF 5 00 F-EET; THENCE RUN S.89°48'5 I"E, FOR A DIST.%NCE OF 26. ! 1 FEET TO A POINT ON THE BOUND.~Ry OF S AID PLAT OF TRACT "B- I" .~ND TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY W!IOSE R.,MDIUS POINT BE,t~RS N.26c0l '40"E., A DISTANCE OF 50 00 FEET THEREFROM; THENCE RUN SOUTIIEASTERLY. ALONG THE BOUND.,MRY OF SA1D fLAT OF TRACT "B- 1" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 P~ET THROUGH A CENTRAL ANGLE OF 25°50'31". SUBTENDED BY A CHORD OF 22.36 FEET AT A BEARING OF S.76°53'36"E., FOR A DISTANCE OF 22.55 FEET TO THE POINT OF BEGINNING: CONTA[NING! 6~). 1 SQUARE FEET, MORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO FHE WESTERLY BOUNDARY OF TRACT "B-I" ACCORDING TO TttE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 A2','D ,13 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AS BE!NG NO0 1 I '09"E. HOLE MONTES. iNC. CERTIFICATION OF AUTtIORIZATION LB 01772 __ I'.S M ;'5628 STATE OF !:LuRIDA JAN 2 ? CONSTRUCTtON EASEME ~Ff' (DURATION: 3 YEARS FROM r'- --~ 0 ~o 0;~,. z N 0011'09" E 23.00' FOLIO NO.~~ JAN 2 7 200~ EXHIBIT Page ~ ~ of~ HOLE MONTES FEE SIMPLE itM PaOJEC~ ~2a0oo67 iNTEREST 7n7/3 RLF D\\-'G uB-3631 l PARCEL NO 117 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NOR VItEAS'] QU &i~,TER OF SECTION 27, 'I'OWNSItIP 48 $OUTtt, RANGE 25 EAST, COLLIER COUNTY FLORIDA. BEING .MOl.hE PARTICULARLY DESCRIBED AS EOLLt)WS: CUM,MENCE AT THE NORTHEAST COP, NqER OF SECTION 27, TOWNSHIP 48 SOUTH, RAN(iE 25 EAST, COLLIER COUNTY, FLORIDA; TIiENCE RUN N 89°48'5 I"W. ALONG THE NORTH LINE OF THE NORTI lEAST QUARTER OF SAID SECTION '~7 - AND Ai,ONG THE NORTHERLY RIGHT-OF-WAY LiNE OF IMMOKALEE ROAD, FOR A DISTANCE OF J. 310.76 FEET; THENCE RUN S.05o34'06,.E. FOR A DIS i'ANCE OF 125 63 FEET .4. POINT ON THE SOUTI-LERLY RIGHT-OF-WAY LLNE OF SA. ID IMMOKALEE ROAD, THE SAS, IH BEING A I'OiN? ON THE WESTERLY RIGHT-OF-\VAh LINE OF UOODLETTE ROAD {C 85i ). _.x, 130 O0 FOOT RIGHT-OF WAY AND THE POINT OF BEGINNING OF THE PAP, CEL OF LAND IIEREIN DESCRIBED; FItENCE CONTINUE S-05~34'06"E., ALONG TIlE WESTERLY RIGHT-OF-WAY OF GOODLETTE P, OAD, FOR DISTANCE OF 5347 FEET; THENCE RUN N.49~49'lT-W. FOR ~ DISTANCE ~),~ 36.10 FEET; THENCE RUN N 89°48'5! "W. F()R A DISTANCE OF 22.95 FEETi THENCE RUN N.49o49, 17"W FOR A. DISTANCE OF 23 i. 12 PEET TO A POINT 135.00 FEET SOUTHERLY OF, .kS MEASURED At' RIGHT ANGLES 1'O, THE NORTH LINE OF TIlE NORTHE?,,S r QUARTER OF SAID SECTION 27; THENCE RL.,~ N 89°48'51 "W. FOR A DISTANCE OF 416.10 FEE]' TO A POINI' ()N THE EAST LINE OF A IOO.00 FOOT FLORIDA POWER AND LIGHT COb, fi'ANY EASEMENT RECORDED IN DEED BOOK 30 AT PAGE 30 OF THE PUBLIC RECORDS OF COLLLER COUNTY. FLORIDA, fI~ S 4.ME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAy LiNE OF IMMOKALEE ROAD; 'D]EN('E RLN N 05°'~, '5 ALONG 'FILE EAST LINE OF SAiD , : ...... - .... FLORIDA POV~ER ..U",D I.!GItI COMP.4.Ny EASEMENT AND .-\LONG SAID SOUTHERLY RIGHT-OF-WAy LINE, FOR A DIST,~NCE OF 20.05 FEET; THENCE RUN S 89o48'51 "E., AlX)NG SAID SOUTHERLY RIGHT-OF-WAY LEx'E, FOR A/)IS ?ANCE C)F 48620 FTET TO ]'tie POIN'I' O}- BEGINNING. CONTAINING 6339.3 SQUARE FEET, MORE OR LESS. i'HiS PROPi£RTY IS SUBJECT 'FO E.4.SEMENTS, RESERVATIONS OR RESTRICTIONS OF REC()RD BEA1iINGS REFER TO THE NORFH LINE OF THE N{3RT} iEAST QUARTER OF SEC' ' ON 27, ?OWNSHip SOUTH, RANGE 25 EAST COIL!ER COUNTv FLORIDA, AS BEING N 89°48'IS''\V HOLE MONTES, iNC. CERTIFICATION OF AUTIiORIZ.4.TION LB ~!772 FOLIO ::.t ACk.DA ITEM No. [1) JAN 2 7 2004 Pa. ~ FEE SIMPLE INTEREST EXHIBIT ~ page ~' :''- of _! q' ~ Z !25oo' JAN 2 7 200~ ~HIBtT == Page ~,~ of ~;~ HOLE MONTES tim PROJECT #2000067 ROAD R~T~"f'F4~-M~y, ~ ~F DWG ¢B-3628 I ~ ~ ~ PARCEl_ NO I !S [ .EGAL DESCRIPTION A POR'FION OF TRACT C OF COLLIER 5FE.ALTH I'Ai<U -NCCORDING TO TIlE PLA F THEREOF RECORDED iN PLAT BOOK 1 ' AT P&GES 50 AND 51 OF -i-}~ PUBLIC i~CORI3S OF COLLIER COU%"I'y. FLORIDA. BEING MORE PART]CLeARLY DESCRIBED AS FOLLOWS: COMMENCE AT T!~ INTERSECTION OF TI~ CENTERLIN~ OF TI~ FORMER SE.~OARD COASTLINE RAILROAD RIGHT-OF-WAy AS ~CORDED IN O.R BOOK 921 AT PAGE 1087 OF T~ PUBLIC ~CORDS OF COLLAR COUNTY. ~ORIDA. WIT!i 'F}~ SOUTH LINE OF THE SOUT~AST QUARTER OF SECTION 22. TOWNSHW ~8 SOL-F}t. RANGE 25 EAST. COLLIER COUNTY. :~ORIDA. AS 'F~ SAS~ ARE SHOWN ON THE PLAT OF COLLIER ~.~TH P-~K ACCORDING TO 21;E PLAT THEREOF RECORDED IN PLAT BOOK 17 ~'F PAGES 50 AND 51 OF T:~ PUBLIC ~CORDS OF COI.L~R COUNTY. FLORIDA 'r}~NCE RUN S.89"48'51"E.. .M~ONG 'F~ SOUTH L~ OF THE SOUTHEAST (3U -MCi'ER OF SAID SECTION >'>~ [ OR ~ DISTANCE OF 8" 4~ FEET TO A POINT ON T~ BOUNDARY OF TRACT C OF COLLIER HEALTH PARK. THE SAME BEING A i'OINW ON A CIRCULAR CURVE. CONCAVE NORTHEASTERLY. WItOSE RAD~'S POINT BE-NRS N. )0~l ' ~9"E A DISTANCE OF 30.00 FEET T~FROM; TheNCE RUN NORTHWESTERLY..ALONG THE BOUNDARY OF S~ TRACT C .~D ~ONG T~ ~C OF SA~ CURVE TO THE RIGHT. HAVING A RADIUS OF 30 00 FEET. D~OUGH A ('EN~'R.~ .~NG~ OF 76°30'24''. SUBTENd)ED BY A CIIORD OF 37.15 ~ET AT A BEARING OF N.51 >33'39"W. FOR A DiSTaNCE OF 4006 FEET TO A POINT 23.00 ~ET NORTHERLY OF. AS MEASI ;REI ] AT RIGHT ANGLES TO, THE SOUTH LIN~ OF 'D~ SOU'Fi!EAST QU.~{TER OF SAID SECTION 22 AND Ti [E POINT OF BE(~[NNLN~ OF T}~ PARCEL OF L~ HEREIN DESCRIBED: T}~NCE CONTINUE NORT~STE~y..~ONG T~ BOUNDARY OF S~M D TRACT C AND ALONG Tt~ ARC OF SAID CtX<VE TO FHE RIG~F. H NVING A R.~IUS OF 30 00 [EET. T~[R()UGH A CENTRAL ANGLE OF 07%3'26". SUBTENDED BY A (7! IORD OF 4 04 ~ET AT A BEARING OF N C'9:26'~4"W. FOR A DiST.~NCE OF 4 04 !'liE'I' I O I}l[ END OF SAID ('~ 5 /X E T~NCE RUN N.OS°35'Oi"W. ALOX ~; FHE BOI :N~.~5' OF SAID I tcACT C. FOR A DiS FANCE c F 23.27 I~ET; TI~NCE RUN S 54:49'i 7'E FOR A DISTANCE OF 38 60 ~ET; TEENCE Ri 'N S.89=4S'51"E FOR A DISTANCE OF 291 39 }~ET; T~iENCE RUN S.O0~I!'09"W. FOR A DIST.~NCE OF 500 FgET. T~NCE RUN N.89048'SI"W. FOR A DISTANCE OF 319 99 t~ET TO THE POINT OF BEGINNING- CONTAINING :927 a SQUARE ~gT. MORE OR LESS ~~' FHiS i'ROPERTY IS SUBJECT TO EASEMENTS. ~SERVA~'IONS OR RES FRICTIF)NS OP RECORD. BEARiN(iS REFER TO 'F~ SOUTiI LINE OF H~ S(IL:I'}~<ST QL'ARFER OF SEC ~i()N 22. I~ >".VN5iilP 48 SOt.' FH. R.-VNGE 25 EASF, COLLIER COUN FY. F%QR;i-:A, Ag BEING S 8P:4g'5 i"E itOI.E MONTES, iNC. 'f'ERT[FICATION OF AUTIiGRIZATiON LB = 1772 JAN 2 7 200q EXHIBI] .i Page. ~'~ c,? ,-~ ?ERP=-TUAL, NON-EXCLLI~,dE ROAD R K3HT-OF-.V'~y, AND UTILITY ~ 5AZ 25.:)0 0 ,,{ ,]7 2z.03 ' L3 aER PU~,l ] JAN 2 7 2OO~ EXHIBIT . HOLE MONTES ~'.?1!~ E ;,.:~:,EzS ,'!.;!'.:!',7:~ REE. DwG ~B-3632-2 DESC'RZPTION PARCEL NO 119 A PARCEL OF RANGE ~'5 EASiS:~Ni) LOCA I'ED IN J'HE NOR FIlE.AS l' QUARTER OF SUCI'X)N 2~, i'OWNSHIP 48 - COI.LIER CO['NTY. FI.ORiDA, BEING MORE PARTICUI ARIA DESCRIBED .AS COMMENCE AT THE NORTHEAST CORN~;R OF S~:("P/ON ' - - .... 2',T()WNSitlP48SOlrTH RANGE25EASr', COLLIER COUNTY. [~ORIDA; THENCE RUN N 89=43'51' W., ALONG TI!E NORTtt LiNE OF THE NORTIIEAST QU~TER OF SAID SECTION 27. FOR A D~SI'.&NCE OF 930. i0 FEET; TIIENCE RUN S.05~34'0{,,.E FOR A DIST.&NCE OF I25 63 P~ET TO A POINT ON THE SOUTS[E~y RIGHT-OF-WAy LiNE OF IMMOKALEE AND Th~ POINT OF BEGINNING OF TtlE PARCEL ()~ I.AND HEREIN DESCR BED T}[ENCE CONI'INL~ S 05°34'06"E. FOIl A DISTANCE OF 3.02 EEET; 'F~N{ E RUN N.89=48'51,,W. EOR A DISTANCE OF 201 ~ FEET; THENCE RUNS.00°it'09',W. EORADiSTANCEOF23.75 FEET;TIIENCERUNNg9=48,51..W FOR A D~STANCE OF 33.52 FEET; T~iENCE RUN S.30o10'43,-W. FOR A DISTANCE OF2121 FEET TO A POINT ON Tile EAS~ ERLY RrGIIT-OF-WAY LINE OF G()ODLE~'E ROAD, A 130~0 FOO'I RIGHT ()F-WAY; i'!IENCE RI N N 05034'06"W., .'U-()NG THE EASTERLY R!GHT-OF-WAh OF GOOI)LETFE RO.~ FOR A DISTANCE ()F 45 FEET TO A POINT ON 'I't~ SOUTheRLY , . S.89o48'sl"E. ALONG T}~ SOUT~y R~GHT-OF WAY LiNE OF iMMOKAI.EE ROAD, THENCE R i'N RIGHT OF WAY 1.2NE OF JMMOKALEE ROAD FOR A DISTANCE OF 250.00 P~ET TO 7HE POt~ OF BEGINNING- CONTAINING ~' .......... 1984.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY ~S SUBJECT TO EASEMENTS, RESERk ATiONS OR RES'J RICI'IONS OP REC~ )RD. BEARINGS REFER TO 'I'}~ NORTH LLNE OF THE Nt;R'~ HEAST QUARTER OF SECT[oN 27. l OWN5i SOUTH, R.&NGE 25 EAST, COIJJER COI'NFY, FLGRH)A..XS BEING N 39°48'5 :"W. HOLE MONTES, CERTIFICAT~Osi OF AU I HOiUZAT.ON I.B ~i772 BY ..... ~ S fATE OE .r:I.()R !DA FOLIO N O....W ...,.;?",. J AN 2. 7 2006 Pq. FEE SIMPLE INTEREST EXHIBIT P~ge ~! z FOLIO NO.",.J :-?,;- ~:~'(:C? NoAG~A ITEM~ JAN Pcj. ~)fl _ Page_,~;~7_of_, HOLE MONTES ~( E%9'? ¢.'a'/, t;~Cta5 : ~: ca 54 ;'; - ~rcqe 239 254 2000 - Fa~: 229 2~4 FEE SIMPLE H.',4 PROIECT ~/I7/3 INTEREST ICEF ~o I.EGAL DESCRIPTION A PARCEL OF LAND LOCAl'ED IN FHE NOR FNEAST QCAR] ER OF SECTION ZT, TOWNSHIP 4S SOUTH, R~NGE 25 EAST, COLLIER COUNTY. ~ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C~MMENCE AT T~ NORTHEAST CORNER OE SECTION 27, TOWNSIilP 48 SOUTN, RANGE 25 EAST, t7OLL~ER COUNFY, ~ORIDA; T~NCE RUN S.01=0g'54"E. ALONG Tile EAST LiNE OF THE NORTIIEAET QUARTER OF SAiD SECTION 27, FOR A DIS'I ANCE OF i00.03 FEET TO A POINT I00.~ FEET SOl ;THERLY OF. AS MEASU~D AT RIGHT ANGLES TO. T~ EASTERLY PROLONGATION OF TitE NOR Fit LINE OF THE NORTHEAST QU.~TER OF S.~D SECTION 27, THE S~{E BEING A POINT (~N '[tiE SOUTHERI.y RiGHT-OF- WAY LINE OF IMMOKALEE RO.~ AND T~ POINT OF BEGINNING OF THE PARCEl_ OF LAND iIEREIN DESCRIBED; TItENCE CONTINUE S.0 °08'54-E., ~.oN~i 5~ EAST LINE OF TttE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 3501 FEET TO A POiNT 135.00 FEET SOUTHER1.Y OF, AS MEAS~ED AT RIGHT ANGLES TO, THE EASTERLY PROLONGATION OF THE NORTH LINE OF 'ItlE NORTHEAST QUOTER OF SAD SECTK)N 27; THENCE RUN N.gg=48'51"W., PARALLEL W TH TttE NOR I.INE OF T~ NORTt~AST QU.~TER OF SAID SECWION 27, FOR A DISTANCE OF 20 03 FEET TO ~ l'OINl' ON THE EASTERLY BOUND..~y OF T~ EASEMEN F RECORDED IN O.R. BOOK 610 AT PAGE 1~i2 OF 'I tiE Pt ;BLIC ~CORDS OF COLLIER COUNTY. i~ORIDA; THENCE RUN N.00°i '09"E., .~ONG TI [EE &STERLY BOUNDARY OF SAID EASEMENT, FOR A DISTANCE 30.00 ~ET; T~NCE RUN N 8~=~g'5 I"W., PARA1 I.EL WITH THE NORTH LINE OF '1'1~ NORTIIEAST QUAR~ ER OF S.~D SECTION 27, FOR A D!STANCE OF ~5(} O0 !~ET TO A POINW ON TI~ WESTE~Y BOUND.~Y OF SAID EASEMENT t~CORDED IN O R BOOK 616 AT PAGE 1912 OF T~ PUBLIC RECORDS OF COLLAR COUNTY, ~OR!DA: THENCE RUN N 00q I'09"E. ALt THE WESTERLY BOUND~Y OF SAiD EASEME~, EOR A DISTANCE OF 5.00 D~ET 10 i'HE NORTHWEST CORNER OF SAID EASEMENT .~ND A POINT I00.00 ~ET SOUTHERLY OF, ~S MEASURED A F RIGHT ~NGI ES TO, T!iE NORTH LI~ OF THE NORT!iEAST QUAR I'ER OF SAID SECFtON 27. ~liE S XS, 1E B J,NG A 2OINT ON THE SOUTNEI~Y RIGHT-OF-WAY LINE OF iMMOKALEE ROAD; T~iEN('E RI 'N S d9 qS'51"E. .-~ONG Tt~ SO~}~y RIGHT-OF-WAY LiNE OF IMMOKALEE ROAD, FOR A DISTAN('E OF ~922 i'EET TO THE POINT OF BEG1NN~O. CONTAt~'ING 986 ~ SQUARE FEET, MORE OR I.ESS. ['HIS PROPERTY IS ' ' ..... - = v 5.BJEu 7~ mASEM~.NfS, RESERXA IONSOR~STRICTIONSOFt.~ECORi) BEARINGS ~FER TO THE NORTH LINE OF Fi~ NOR F;~AST QUARTER t)F SEC'i ION 2% '~ OWNSHiP 4g SOIFFtt. RANGE 25 EAST (?OLi ERCOUNTY FLOR lDA,ASBEINGS.89~4fi,51,,E HOLE MONTES. iNC. C'ER'FIFICA~ ION OE AUTHC)RIZ :LFiON LE ~1 v72 TIIOMAS .~ , IU[e',Clly / ST~' TE OF FLORIDA FOLIO JAN 2 7 2004 FEE SIMPLE INTEREST EXHIBIT :;::v ,. Page <'u._0f ~'!' , o© f'"q z~ '30'I l'og" E 30.00' ! FOLIO NO.~6i JAN 2 7 page i-IM HOLE MONTES LEGAL DESCRIPTION i'FEMP<)~Y DRIVEWAY R ESTO.m.A'I'FON EAg, E~ (DURATION: 3 YEARS FROM COMMENCEMENT OF GONSTRDCTION) PROJECT #2000067 7/17/3 REF. I)WG #B-3798 PARCEL NO 721 A PORTION OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT T}DEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF 'rite pLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BE1NG MOIRE PARTICIJ"LARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTH:EASTERLY CORNER OF TRACt R !MEDICAL BOULEVARD'~ OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PI.AT BoOK 26 AT PAGES 46 :UN'D 47 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; TIIENCE RUN S.89°13'25"W, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N.00°46'35"W. ALONG THE WESTERLY BOU>~DARY OF SAID TRACT R, FOR A DISTANCE OF 32.25 FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE EAS FERLY BOUNDARY OF SAID TRACT R; THENCE RUN S.00o46'35,'E., ALONG THE EASTERLY BOUNDARY OF SAIl) TRACT R, FOR A DISTANCE OF 32.25 PEET TO TI-[E POINT OF BEGINNING; CONTAINING 2580.0 SQUARE F'EET. MORE OR LESS. TI. tIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BE.;MRINGS REFER TO Tile SOLFFHERLY BOUNDARY OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED iN PLAT BOOK 26 AT PAGES 46 AND 47 OF 'r}.lE PUq~LIC RECORDS OF COLI.IER COUNTY. ~_ORIDA. AS BEING S.89° 3'25"W ttOLE MONTES, INC. CERTrFICATION OF AUTItORiZATION LB ~!772 TItOMAS M NUIRPI!¥ ,// STATE OF FI OI~.ID.A. FOLIO NO JAN 2 7 200 Oo o~ 0 i 0 EXHIBIT ' Page :72 of ~ ,. TEM~Y D~AY F;~ESTOtRATION E/,~EMENT (DURATION: 3 YEA,RS FROM COMMENCEMENT OF CONSTRUCTION) 3 ,,gE,91;,.O0 S Z ~ MEDK. AL BLVD FOLIO HOLE MONTES HM PROJECT ~2000067 FEE SIMPLE 7/17/3 INTEREST REF :~WG.-~B-ZT09 PAl{CEE NO 122 LEGAL DESCRIPTION A PORTION OF LOT I OF NORTH NAPLES MEDICAL :<ARK ACCORDING TO Tile PLAT TI {EREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF Tile PUBLIC RECORDS ()F COi. LIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHWESTERLY CORNER OF LOF I OF NORTH NAPLES MEDICAL PARK ACCORDING TO T}EE PLAT T,5 ~REOF PdLCORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 89° 13'25"E...~LONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF I7.42 FEET; THENCE RUN N.50'46'30"W. FOR A DIS'I A. NCE OF 22.74 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LO F h THENCE RUN S 00°46'35"E., ALONG THE WESTERLY i3OUNDARY OF SAID LOT 1, FOR A DISTANCE OF 14e2 FEET TO TIlE POIN~T OF BEGINNING_; CONTAINING 127.3 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, I~SERVATIONS OR RESTRICTIONS OF RECORD BEARINGS REFER TO THE SOUTHERLY BOL,~DARY OF LOT 1 OF NORTH NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 40 AND 47 OF 'lite PUBLIC RECORDS OF COLLIER COUNTY, r'-~LOR]DA, AS BEING N 89°IY25"E HOLE MONTES, INC. ( ERTFFICAT1ON OF AUTHORIZATION LB FI 772 BY THOMAs M' MURP,~¥ f STATE CF FLORIDA No.~ I k._.) JAN 2 7 FEE SIMPLE iNTEREST EXHIBIT m~. O~ CD © ~ ,,g[,9~.O0 N Z FOLIO JAN 2 ? 200~t HOLE MONTES LEGAL DESCRIPTION 950 E%sre Way Nao~ Fiat;sa 34': ~0 Phoqe 9,:1 2542000 Fax 941 254.2;)99 ROAD Rt~IT. OF4~y, ORAINA~..~ ANO U'nUTY EAS~ iiM PROJECT #20(R)067 7/16/3 REF DWG. ~B-3858-1 PARCEL NO 12~ A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SISCTION 20, TOWNSHIP 48 SOU1 H, R,a~NGE 25 EAST, COLLIER COUNTY, Fa~O_RIDA, BEING MORE PARTIC[1LARLY DESCRtB ED AS FOLLOWS: COMMENCE AT THE NORTHAk'EST CQiLNER OF SECTION 26, TOWNSItlP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THIrhNCE RUN N 89'13'25"E.. ALONG 'FIDE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTA~NCE OF 696.09 FEET; THENCE RUN S.00°46'35"E FOR A DISTANCE OF 100.00 FEET TO A POINT 10003 FEET SOUTHiERLY OF, AS MEASURED AT RIGHT ANGLES TO, THIE NORTH LhNE OF THE NQRTH~rEST QUARTER OF SAID SECTION 26, THE SA.ME BEING A POINT ON T}IE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKA%EE ROAD AND THE POINT OF BEGINNING QF THE P)d~CEL OF LAND HEREIN DESCRIBED; THiENCE RUN N 89°13'25"E...ad. ONG TkLE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD. FOR A DISTA~NCE OF 110.00 FEET; THENCE RUN S210:46'35"E., ALONG 'FILE SOLWHERLy RIGHT OF-WAY LINE OF LMMOKALEE ROAD, FOR A DIS'rANCE OF 50.00 ~'EET; T!IENCE RL,~ N 45°46'35"W. FOR A DIST.qNCE OF 49.50 FEET; THENCE RU~ S.89°13'25"W FOR DIST.a_NCE OF 40 (10 F'EET; TI-IENCE RUN S.44%3'25"W. FOR A DISTANCE OF 49.50 FEET 'FO A POINT' ON THE SOUTHERLY RIGHT-OF-WAY L1NqE OF tMMOKAIZEE RQ~M); THENCE RUN N.00*46'35"W., ,ad~ONG THE SOUTHERLY RIGHT-OF-WAY LINE OF 1MMOKALEE ROAD, FOR A DISTANCE OF 50.00 FEET 'I O THE PDTNT OF BEGINNING; CONTAhNING 0.066 ACRE. MORE OR LESS. THIS PROPERTY IS SUBJECT 'FO EASEMENTS, RESERVATIONS OR RES!'RICTIONS c)F RECQt~D BEAPdNGS REFER TO THE NORTH LINE OF THE NORTHWEST QUAt{TER OF SECT1ON 2t:. ':'OWNSHIP 48 SOUTH, R,~GE 25 EAST, COLLIER COUNTY. F%ORiDA, AS BEING N.89°i3'25"E, HOLE MONUTES, INC. CERTIFICATION OF ,\UTHORIZATION LB ~1772 ? SM. #5628 · STATE OF FI.ORiDA AG .E,~DA I~ P~PETUA~ NON-.EXCLUS,'FVE F~O~ ~K~m'~-~',', O~ ~E EXHIBIT Page. '~ :L of 3T ~_o _7 100.00' I 0 FOLIO NOo~ Nor G, tE~ AU..T~ EM JAN 2 ? 200~t ;<HIBIT -, HOLE MONTES HM t'ROJECT #2000(167 PERP~ ~ ROAD RI(31-t"L.C~J~P~¥, D~NA~E 7,:16/3 ~ b~ ~ REF. DWG. ~g-x634-1 PARCEL NO 124 LEGAL DESCRIP~ON A PARCEL OF L.~ND LOCATED IN THE NORTH'S'EST QUARTER OF SECTION 26, TOWNSHIP 48 SOLq'H. R~NGE 25 EAST. COLLAR COUNTY, ?~O~A. BEINC MO~ P~TIC~A~y DESCRIED AS FOLLOWS: COMN~NCE AT T~ NORTHWEST CCRNER OF SECTIDN 26, TOWNSH~ 48 SOt.'TIt, R.~NGE 25 EAST. COLLIER COUNTY. ~ORIDA; THENCE RUN N.89oi3'25..E., .ALONG T~ NORTH LI~ OF T}~ NORTHWEST QU.-~'~R OF SA~ SECTION 26, FOR A DISTANCE OF 993.76 ~ET TO T}~ NORTH~ST CO~ER OF THE EAST HALF OF T~ EA~ H~F OF T~ NORTHX~ST QUOTER OF T~ NORTHWEST QUARTER OF SAID SECI'ION 25; T~NCE RUN S.O1013.05,,E., .~ONG T~ '~ST L~ OF TE~ EAST ~AI.F OF T~ EAST H.M.F OF T}~ NORT~T QUOTER OF T}~ NORTIfWEST QU.~TER OF SA~ SE~'ION 26, FOR A DISTANCE OF 12000 FEET TO A POINT ON T~ SOWF}~RLY BOlDly OF A RIGHT-OF-WAY EASEN,~NW [~CO~ED ~ O.R. BOOK 1722 AT PAGE ~4 OF THE P ~LIC ~CO~S OF COLLIER COUNTY, ~ORIDA, .-UND T}~ POINT OF BEGGING OF Tile P.~CEL OF L~ND ~IN DESC~BED; T~NCE RUN S 87=27'lT'E.. ,~ONG - T~ SO~.y BOUND~y ~ SA~ RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 25887 ~ET TO A POINW 73.00 ~ET %~STERLY OF, ~ 5~ASL~ED AT RIGHT .~NGLES TO, THE EAST LIN~ OF THE ~ST H~F OF T}~ NORTH~V~ST QU.~R OF S~ SECTION 26; T~NCE RUN S.01~14'29"E., P.~AL~L W~H 'FIFE EAST LINE OF TIlE ~ITST H.~ OF T}~ NORTHg~ST QUARTER OF SAID SECTION 26, FOR A DIST.MNCE OF 25.05 ~ET; 'F!~NCE RUN N.87~'27· 1T'W. FOR A DISTANCE OF 19.20 FEET; T}~NCE RUN N.36=4 '24"W FOR A DIST.~N'CE ~ '.9 45 P~ET; THENCE RUN N.87~27'iT-,W FOR A DISTANCE OF 228.28 ~T TO A POINW ON I't~ WEST ZIN~ OF T~ EAST H~F OF THE EAST H.~_F OF THE NORT}ff~TST QUeeR OF T~ NORTHWEST QU.~TER OF S~MD SECTION 26; THENCE RUN N.01 =IY05"W., .~ONG T~ ~ST L~E OF T}~ EAST H.~F OF T~ EAST Ii.~F OF THE NORTHWEST QU,~TER: )F THE NORT~ST QU.MITER OF SAID Si CTION 26. FOR A DISTANCE OF 9.96 FEET T() THE PO~N~ C)F ~ G~NNINQ; CONT~N~NG 2.94%8 SQU &RE ~ET, MO~ OR LESS. - THIS PROPERTY IS SUB.CT TO EASEX~NTS. RESERVATIONS OR [~STRICTIONS OF RECORD. BEARINGS REaR TO T~ NORTH LINE OF T~ NORTJ~VEST QUARTER OF SECTION 26. TOWNSHIP 48 SOL'TH. RANGE 25 EAST. COLLIER CO['NTY, ~ORIDA AS BEING N.SP ~ .. E. HOLE MON FES, !NC. t-ER FIFiC.5 :ION OF AUTHORIZATION I.B x1772 FOLIO AGENDA ? No.. \O JAN 2 ? 200 t EXHIBIT ,~ Page..~z- of, ~ ~ P:ZRP~ NON,.EXCLUS~,/E ROAD R~HT-OF-WAy, DRA/NAGE A~D UTlUTY EASEMENT Z 'A -O-d AiNFiOO ,00'00~ 'L~ .£o oo~, 3 ,,6~,Vt.tO S FOLIO AG~.I~DA JAN pg. 'qCt HOLE MONTES ~MMENCEME~ ~ CONS~U~) LEG~ DESCR~ON A P.~CEL OF L,~ LOCATED IN ~ ~ NORTHWESF QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH, R.~qGE 25 EAST, CO~R COUNTY, ~ORIDA. BELqG MO~ P,~T1C~.~LY DESC~BED AS FOLLOWS: COMN~NCE AT T~ NORTH~TST CO~NTR OF SECTION 26, TOWNS~ 48 SOUTH. RANGE 25 EAST, COLLAR COUNTY, ~ORIDA; T~NCE RUN Nggol 3'25'T., .~ONG T~ NORTH LINT OF T~ NORT~TSI QU.~R OF S.~ SEC~'ION 26, FOR A DISTANCE )F 993,76 ~ET TO T~ NORTHWEST CORNER OF THE EAST H.~F OF T~ EAST lt~F OF T}~ NORT~kT ST QUeeR OF T~ NORTH~ST QU,~TER OF SAID SECTION 26; T~NCE RU~ S.01'13'05'T., ~ONG T~ ~ST L~ OF T~ EAST H~F OF ~ EAST H~F OF ~ NORT~ST QUOTER OF 'F~ NORTH~ST QUeeR OF S~ SECTION 26, FOR A DISTANCE OF 129.96 ~ET TO T~ PO~W OF BEGINNING OF T}~ PARCEL OF LAN~ }~IN DESCRIBED; T~NCE RU~ S.87°27' 17'~., FOR A D1ST.~CE OF 228.28 ~gEr; T~NCE R~ S.36~4l '24"E., FOR A DISTANCE OF 646 ~ET; T~NCE R~ N.87~27'17TM, FOR A DISTANCE O~ 232.03 ~ET TO A POINT ON T~ WEST LI~ OF TI ~ EASI H~F OF T~ EAST H,~ OF T~ NOEl HWEST QU,~TER OF T~ NORTHWEST QUARTER OF S.~D SE~ION 26; T~NCE Rb~ N.0t°13'05"W., .~3NG T~ WEST LINE OF THE EAST H.~F OF T}~ EAST H.~F OF T~ NORT~ST QU.~TER OF T~ NO~T~ST QUOTER OF SAID SECTION 26. FOR A DISI.&NCE OF 5.01 ~ET TO I~ POINW OF BEGINNING: CONT.~NING 1,150.8 SQU.~ FEET, MO~ OR LESS. Tk~S PROPERTY IS SUB.CT TO EASEMENTS, ~SERVATIONS OR ~STRICTIONS OF ~CORD. BE.~NGS ~R TO T~ NORTH LIN~ OF T~ NORTt~VEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH. R~NGE 2~ EAST, COLLIER CO~TY. FLO~ iDA, AS BEING N.gg=13' 25'T. HOLE MONTES, INC. ' CERT~ICATION OF A~OR2ATiON LB ~1772 HM PROJECT ~2000(}67 1 ~04/03 KEF DWG #B-4472 PA]?,CEL NO. 724 ~.. i>.S_M. ¢-5625 BY _ F~OMAS. 5,1. ~,0;~-v~55 /' STATE OF FLOR[DA AG ~i~DA ~ No. K 3 JAN 2 7 200 Pg. ~ TEMPORARY CONS~ EASEMENT {EXJRATION:. 3 ~$ FRC~ CO~,~MENCE. MENT OF CONSTRUCTI©N~ EXHIBI ' · 5 00' ,Y~-O-~ xiNgO'3 ~31q'03 ~ -c c ,96'6Zl 3 .§O,[Ll.O g ~ co cci ,00-00~. q ,.6E.~,LLO ~= FOLIO NO., ;?¥-~ ~:~'~q :~ JAN 2 7 200~ EXHIBIT_ HOLE I'~IONTES rim PI~OmCT FEE SIMPLE INTEREST !<~:F ?ARCEI_ NO. 125 I .EGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TIlE NORTHWEST ~,KJ,~TER OF SECTION 26. TOWNSHIP 48 SOUTtt, RANGE 25 EAST, COLE[ER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED ,kS FOLLOWS: COMMENCE AT TI-IE NORTtIWEST CORONER OF SECTION 26, TOWNSHIP 48 SOUTIt, RANGE 25 EAST. COLLIER COUNTY, FLORIDA; '[HENCE RL'N N.gg°I 3'2-*'E.. ALONG TilE N©RTt I LINE OF THE NORI'IIWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF _325.02 FEET TO THE NORTltEAST COF, NER OE I'HE WEST HALF OF THE NORTED, VEST QUARTER OF SAID ~ECrlON 26; THENCE RUN S01: I4'29"E., ALONG 'i'ItE EAST LINE OF Tile WEST }I:ULF OF THE NORTH\VEST Q[;.M~TER OF SAID SECTION 26, FOR A DISTAdgCE OF 150.00 FEET TO A POINT ON THE SOLrl'HERLY RIGHT-OF-WAY L1NE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TItENCE CONTINUE S.01 ' 14'29"E.. ALONG THE EAST L1NE OF THE WEST HALF OE TIE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 17.93 FEET; TH '~CE RUN S.46~52'54'\V. FOR A DISTANCE OF I0.74 FEET; I'HENCE RUN N.01°I4'29"W. PARALLEl. WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 25.17 FEET ~,O A POINT ON THE SOUTI IERLY RIGii? OF WAY LINE OF IMMOKALEE ROAD; TI{ENCE RUN N.89° 13'25"E.. 3JLONG THE SOL'TIIERLY RiGHT-OF WAY LINE OF IMIvlOKALEE ROAD, FOR A DISTANCE OF 800 ,~ZET 'FO TIlE POINU' OF BEGINNING; CONI'AiNING 152 4 SQUARE FEET, MORE OR LESS THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER\ ATIONS OR RESTRICTIONS OF RECORD BEARINGS REFER TO THE NORTH LINE OF THE NOR'D!V, TST QUARTER OF SECTION 26. T©WNSiEP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, PZ~ORID/, :kS BEING N.89°I3'25"F~ .;!OLE MONTES, INC. ~ CERTIFICATION OF AUTHOR!ZATION LB ¢1772 THO,,',IA.~ M..',,~"RPH~/ ST L !E (3F FI ( RIDA FOLIO JAN 2 7 200h FEE SIMPLE INTEREST EXHIBIT., ~' .. Page. '- ? ~f ~,;%. aim ~z ,O0'Og~ 3 .6g,~'Lt.O S k~ FOLIO NO.~ AGENDA,'~EM ~o._~3 ~ _ JAN 2 7 200~ Pg_ ~ EXHIBIT HOLE MONTES [ ~M PR(H ECT ~2000067 FEE SIMP~ */~6,'~ P¢~R(%l. 126 A LEGAL DESCRIP'I ION A PARCEL OF LAND LOCA'['ED iN ]'HE NORTHWES [ QUAR'I F;R OF SECT1ON 2fi, TOWNSII1P 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE P kRTI( ULARLY DESCRIBED AS FOLI.OWS: COMMENCE A'F THE NORTItWEST CORNER OF SE( TiON 26. TOWNSHD' 4S SOUTli, i4.4?4tiE 2> EAST. L'OI.I.iER COUNTY, HX}RIDA; THENCE RUN N.89~ 13'25"E., AI.ONG 'IHE NORTH LINE OF 'FILE NORT! tWEST QUAR [ ER OF SAIl) SECTION 20. FOR A DISTANCE OF 1325.02 FEET TO DiE NORD~AST CORNER OP THE WEST [tALP OF TliE NORTi~WEST QUARTER OF SAID SECTION 26; IHENL'E RUN S.0I~I4'29"E., ALONG '['~ EAST I.INE OF FIlE WEST HALF OF TIiE NORTHWEST QUARTER OF SAID SECTK)N 25. FOR A DISTANCE OF 150 C0 FEET TO A POINT ON TIlE SOUTltERLY RIGHT-OF-WAY LiNE OF [MMOKAI.EE ROAD AND '[t~ POINT OF BEGINNING OF ]'lie P..~CEL OF LAND HEREIN DESCRIBED; i'~NCE CONTINUE S0!:14'29"E., .~ONG T~ EAST LiNE OF THE WEST HiLF OF THE NOR'I'ilWES~ QUARTJd{ O~SAID SECTION 26. FOR A DISTANCE OF 17.93 FEET; THENCE RI :N N 40~52'54"E. FOR A DISTANCE OP 26.62 FEET TO A POINT ON I'VE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN 5.39¢[3'25''W., ALONG THE SOUTHEP~Y RIGHT OF WAY LINE OF IMMOK~EE ROAD, }:t)R A DISTAN( E OF I9 g2 FEET TO [HE POINT OF BEGINNING; CONTAINING '.77.7 SQUA~ ~ET, MORE OR LESS. FHIS PROPER ['5 bbt:BJELTI TO EASEMENTS, RESERVATIONSORRES'FRICTIONS~)FRE~'(')RD BEARINGS REFER TO THE NORI'H LIN~ CF 1'}~ N()RT[iWEST QUARTER OF SECI'ION 26, I'OWNSHiP zS SOUTH, RANGE 25 EASF, COL~!ER COUNTY. ~ORIDA, AS BEING N.89'lY25"E. CkRI'!/.1CATION Of ALT}iOR1ZATION LB ~[7-2 THOMAS M. ouo AG.I~N DA NO.J~ __ JAN FEE SIMPLE EXHIBIT INTEREST Page :~7 .of FOLIO AGENQA I,,T E M JAN 2 T200~ Pg._. ~ HOLE MONTES HM PROJECT #2000067 FEE SIMPLE ~n6s INTEREST REF. DWG #B-4236 PARCEL NO. 126B LEG_ad_ DESCRIPTION A PARCEL OF LAND LOCAl-ED IN Tt-~ NORTHWEST QUARTER OF SECTION 26, TOWNSH1P 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHLP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; T}FENCE RUN S.01°20'O3"E., ALONG Tt-IE EAST LINE OF THE NORTh%VEST QUARTER OF S.~D SECTION 26, FOR A DIST,adKCE OF 150.00 FEET TO A POINT ON THE SOLU'HERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LMMOKALEE ROAD, FOR A DISTANCE OF 20650 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LhNE OF PARNU STREET, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF SOUTHWIND ESTATES ACCORDING TO TtiE PLAT THEREOF RECORDED IN PLAT BOOK ! 1 AT PAGES 16 AND 17 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF L,~ND HEREIN DESCRIBED; TltENCE CONTINUE S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF iMMOK,~d~EE RO.ad), FOR A DIST,-MNCE OF 322.70 FEET; THENCE RUN S.00°46'35'E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°I3'25"E. FOR A DISTANCE OF 283.19 FEET; THENCE RUN S.35°52' tY'E. FOR A DISTANCE OF lg33 bTEET; THENCE RUN N.89°I3'25"E. FOR A DIST.~NCE OF 28 96 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LhWE OF PARNU STREET; '?HENCE RUN N.00°4b'35"W, ALONG TIlE WESTERLY RIGHT-OF-WAY LINE OF P.ad~NU STREET FOR A DISTANCE OF 20.00 FEET TO FILE POINT OF BEGINNING; CONTAINING 2126.9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LTN'E OF THE NORTIqWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLI, IER COL.rNTY, FLORIDA, AS BEING S89°1Y25"W HOLE MONTES, INC. CERTIFICATION QF AUTHQRIZAffION LB ~1772 P~S.M. #5628 STATE OF FLORIDA FOLIO NO.7 '{ ? A(~--i~ DA IT~EI~ JAN 2 ? FEE SIMPLE ~NTEREST z_< J i Z 3> Z CD ',C, ODO~L 'Od 'L!. '8'd S~J.¥..LS3 ONIMH.LF~OS ,OO'Og~. 3 .~O,O~.t.O S ~ m ~0 FOLIO JAN 2 7 200~ EXHIBIT HOLE MONTES ~'5t' E%ore ¢,'~ ~ · :',.af,~es Rcnca 34110. Phone 239254 2000 · Fax 239 254 2399 SIMPLE tIM PROIECT #20OO06'7 FEE U16/3 INTEREST PAP. CEL NO LEGAL DESCRIPTION A PARCEL OF LAND LOCATED iN THE NORTHWEST QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH, R/uNGE 25 EAST, COLLIER COUNTY, FLORIDA, BE.~G MORE P.M;tT1CUL.KRLY DESCRIBED _kS FOLLOWS: COMMENCE AT THE NORTitEAST CORNF. R OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSILrP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TttENCE RUN S01 °20'03"E, ALONG THE EAST LINE OF TIlE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF i50.00 FEET TO A POINT ON I'}{E SOUTHERLY RIGHT-OF WAY LINE OF .rMMOKALEE RO,'~D; THENCE RUN S.89=13'25"W., ALONG TIlE SOUTHERLY RIGHT-OF-WAY LiNE OF IMMOKALEE ROAD. FOR A DISTANCE OF 108.45 t"EET FO TIiE POINT OF BEGIN,~ING OF TI-HE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°13'25"W_ ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 38,05 I~EET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LLNE OF PAI~NU STREET AS THE SAME IS SttOWN ON THE PLAT OF SOUTHWLND ESTATES &CCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I 1 AT PAGES 16 AND 17 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00°46'35'E., ALONG Tile EASTERLY RiGHT-OF-WAY LINE OF PARNU STREET. FOR A DIST.~NCE OF 15.00 .nEET; THENCE RUN N.5735'3 I"E. FOR A DISTANCE OF 8 38 FEET; THENCE RUN N 89° 1Y25"E. FOR A DIST.~NCE OF 31.33 FEET; TICENCE RUN N.00°46'35"W. FOR A DIST:MNCE OF t0.00 PT. ET TO THE POINT OF BEGINNING; CONTAINING 397.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY tS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICI]ONS OF RECCP. D. BEARINGS REFER TO FHE NORTH L!N~E OF THE SOUTHWv'EST QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH, R.KNGE 25 EAST, COLLIER COUNTY, FLORIDA. AS BEING N.g9°I3'25"E. HOLE MONTES, INC. CERTFFICAT1ON OF .x.U'I HORIZATIQN LB #1772 P.SM. ¢5628 STATE OF FLORIDA FOLIO NO. er, ,": ITEM - JAN 2 7 2004 FEE SIMPLE INTEREST EXHIBIT Page m-i ,,..0~ (,/3 m r-- --I mo 0 ~o PAENU STREET c 3 .~o,o~.lo s JAN 2 ? 2004 -:5~ Er:vere ',',~ - ';~ies. ::,7 ,z-2. 34'I0' phone' 2392~.2000 · lax 2392~I 2~:Z5 HM PROzECT ~2~67 t~F. DWG. ~B-~473 (~: $ ~S ~__... PARCEL NO. 727 LEG,~ DESC~TION A p~CEL OF L~ LOCATED IN '[!~ NORTHWEST Qu.~TER OF SECT1ON 26. TOWNSHIP 48 so~H. R~NGE 25 EAST. COLLAR COUNTY. H.OR~A, BEING MO~ p~T1C~LY DESCRIBED AS FOLLOWS: COM~NCE AT T~ NORT~AST CORNER OF TtiE NORTHWEST QUOTER OF SECTION 26, TOWNSH~ 48 SOL~H. R~NGE 25 EAST, COLLAR COZ~TY, F~OR[DA; T~NCE RUN S.01:20'03"E., .~ONG T~ EAST OF Tk~ NORT~'EST QUARTER OF SA~ SEC'rlON 26, FOR A DISTANCE oF ~ 50.~ ~ET TO A POINT ON T~ sOUT~Y ~GHT-OF-WAY LIN~ OF ~MOK.~E RO.~ ~ TI~ pO~T~F BEGINN[N~ OF THE S 01~0'03,'E ~ONG T~ EAST LIN~ OF T~ p,~CEL OF L&ND ~IN DESCRIBED; T~NCE CC, NTI~E ..... NORT}b~ST QUOTER OF SAID SECTION 26, FOR A DIST~CE OF 5.00 ~ET; T~NCE Rt~ S.89°13'25''W,, FOR A DIST~CE OF 108.49 ~ET; T~NCE RL~ N.00°46'35'W', FOR A DISTANCE OF 5.00 ~ET TO A POINT ON THE SO~Y RIGId-OF-WAY LI~ OF ~IMOK.~EE RO.~; THENCE RUN N.89~13'25'~-, ALONG ~ SObW~Y RIGHT-OF-WAY LiNE OF IMMOK~EE RO~ FOR A DISTAN~ OF i08.45 ~ET TO T~ POI~ OF BEGINNING; CO~.~N1NG 5424 SQU.~ ~ET, MC)~ OR LESS. T~IS PROPERTY IS SUB.CT TO EASEN~NTS, ~S~VATIONS OR ~STRICT1ONS OF ~CORD. BE.~GS ~R TO ~ NORTH LIN~ OF T~ SouTHWEST QuoTER OF SECF1ON 26, TOWNSHIP 48 So[~H. R~NGE 25 EAST, COLL[ER COUNTY. J~t)R[DA AS BErG N.89~I3'25''E' HOLE MONTES. INC. C[:RT~CAT1ON OF AUTHOR2ATtC'N LB ~1772 ,, . -:7 ,' .... ,-. FOLIO JAN 2 7 1 CONS'T'RUCYRD~ (DUF~ATION: 3 YE~JR$ FROM COMMENCEMENT OF CONSTRLICT1ON) PARNU STREET :~:PUBLICLY DEDICATED R-O-W PER PLAT ~ 60' R-O-~ z FOLIO NO. :_,~,~,~, . AG, FC~D. A ITE% No._ ,~k D J JAN 2 7 2004 Page '~-~ o~ ~' HOLE MONTES ~5~ Er,core ','Ja,, · hap es, Fion3a 34 ',10 ' Phone: 239 254.2000 · Fax: 239 254 2399 HM PROJECT ? / 16/3 FEE SIM~ REF. DWG .B-3671-1 I~EREST PARCEL NO. 128 LEGAL DESCI/.1PTION A PORT1ON OF TRACT "GCI' OF SOU"[ HAMIY¥ON UNI 1' ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF T}IE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BE1NG MORE PARTICLrLARLY DESCRIBED .~.'.S FOLLOWS: COM.___..~MENCE. AT THE MOST NORTI~VESTERLY CORNER OF TRACT "GCi" OF sOUTHANIPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLk[ER COUNTY, .'FLORIDA; THENCE RUN N.89°14' 16"E, A2.ONG THE NORTHERLY BOUNDARY OF SAID TRACT "GC 1", FOR A DIST.~'ICE OF 53.78 FEET TO THE POINT OF BEGI,~ING OF THE pA~RCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89° 14'I 6"E., ALONG THE NORTHERLY BOUN'DARY OF SAID TRACT "GCI" FOR A DISTA~NCE OF 222.34 FEET TO '[*HE BEGINNING OF A T3.NGENTIAL CIRCULPuR CURVE. CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE BOUNDARY OF SAID'TRACT "GCI" AND ,41.ONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2935 FEET, THI~OUGH A CENTRAl. ANGLE OF 71 °24'48", SUBTENDED BY A CHORD OF 34.26 FEET AT A BEARING OF S.55°03'20"E., FOR A DISTANCE OF 36.58 FEET TO THE END OF SAID CURVE; TttENCE RUN N.68°00'33'W. FOR A DIST.~JqCE OF 38.77 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 214.40 bEET; THENCE RUN N.00°45'44''W. FOR A DISTANCE OF 5.00 FEET TO THE _POINT_OF BEGINNINg; CONTAINING 1369.3 SQUARE FEET, MORE OR LESS. tHiS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "GCI' OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF TI-rE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, .-kS BELNG N 89°14' 16"E. HOLE MONTES, INC. CERTI2XlCATION OF AUTHORIZATION LB d1772 THOMAS M. NIu~RPItT~ STATE OF FLORIDA FOLIO NO.2_q ] JAN 2 7 200 FEE SIMPLE INTEP, E~r EXHIBIT og Z BENT TREE LANE pR!,,,~,TE ROAD RICHT-OF-¢'/AY JAN 2 7 Z00~ HOLE MONTES ~~ 1~t03 C~S~ ~E~ REF. DWG. ~B-4475 LEG~ DESCRIPTION A PORTION OF TRACT "GCI" OF SOUTHAN~TON UNIT ON~ ACCORDING TO 7}~ PLAT TttE~OF RECORDED IN PLAT BOOK 19 AT PAGES 92 TF~OUGH 103 OF T~ PUBLIC ~CORDS OF COLL1ER COUNTY. ~ORIDA, BEING MO~ P,~ FiC~Y DESCRIBED AS FOLLOWS: BEGIN AY T~ MOST NORTHWESTE~Y CO~N'ER OF TRACT "GCI" OF SOUTHAMPTON UNIT ONE ACCO~ING TO T~ PLAT T~REOF RECORDED IN PLAT BOOK 19 AT PAGES 92 T~OUGH 103 OF T~ PUBLIC ~CO~S OF COLLAR COUNWY, ~ORIDA; THENCE R~ N89° ~4' 16'~., ~ONG TF~ NORT~RLY BOUN~Y OF S~D T~CT "GCI'. FOR A DIST~ OF 5378 ~ET; T~NCE RUN S 00045'44''E., FOR A DIST~CE OF 5.00 ~ET; THENCE RUN S.89:14' 16"W., FOR A DISTANCE OF 55.48 ~ET TO A POINT ON T~ ~%STE~Y BO~Y OF S.~D TRACT "GCI"; THENCE RUN N 17~59'05TM, .~ONG T~ WESTE~Y BOU~.~Y OF SA~ TRACT "GCI" FOR A DIST,~NCE OF 528 ~ET TO THE ~OINT OF BEGINNING; CONTAINING 2732 SQU~E THIS PROPERTY IS SL~JECT 70 EASE~NTS, ~SERVATIONS OR ~STRICT1ONS OF RECORD. BE.~INGS ~R TO T~ NORT~RLY BOt~D.~Y OF TRACT "GC 1" OF SOUT[tAN~TON UNIT ONE ACCO~ING 'FO T~ PLAT T~OF RECO~D~ IN PLAT BOOK 19 AT PAGES ~2 TF~OUGH 103 OF THE PUBLIC ~CO~S OF COLLIER COL~TY, ~ORIDA, ~S BErG N.89°~4' 16"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # [ 772 P.S.M..~5625 STATE OF FLORIDA FOLIO A(~.NDA JAN 2 7 200q ~:,o~,m' EXHIBiT~ CONSTR¢ F_AS~M~IT (DLiP, ATtON: 3 ,VEARS FR'C.'M~,...~,'~3~~ F.~ O~ ~MENCEMENT OF CONSTF~C~-~L~N) = ~ © FOLIO NO.~] AGF.,NDAJ.T. EM No.~ ?,_) JAN 2 7 Pg. _(~ EXHIBIT Page ~,{ of ~a~ HOLE MONTES Way · ',ap!ss, F~c.i~a ~)- ?ncne: 239254 2000 - F~: 23S.2~ 2099 ~M~Y DR~AY RES~ ~EME~ (DU~: 3 Y~S F~ ~]OMMENCEME~ ~ CON~TI~) HM PROJECT #2000067 7/1713 REP. DWG. ,B-3799 PARCEL NO. 729 LEGAL DESCP, IPTION .at PORTION OF TRACT "R" (BENT TREE LANE) OF SOUTHANLPTON UNIT ONE ACCORDING TO THE PLAT THEREOF bLECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICL'I-ARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWTSTERLY CORNER OF TRACT "R" (BENT TREE LANE) OF SOUTI-L&MPTON UNIT ONE ACCORDING TO THE PLAT THEREOF'RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.fi9°14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "R', FOR A DISTANCE OF 172.14 FtiET TO THE MOST NORTHEASTERLY CORNE_R OF SAID TRACT "R", 2'tie SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.00°45'44"E. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTtl~ESTERLY, .~LONG THE EASTERLY BOUNDARY OF SAID TRACT "R" .&ND ALONG TkFE .~RC OF SAJD CURVE TO THE LEFT, HAVING A R,ad)IUS OF 25.00 FEET, TIIROUGH A CENTRAL ANGLE OF 78°27'47'', SUBTENDED BY A CHORD OF 31.62 FEET AT A BEARING OF S.50°00'22-W., FOR A DISTANCE OF 34.24 FEET TO THE END OF SAiD CURVE; THENCE RUN S.89~14'16"W. FOR A DISTANCE OF 119..~2 FEET TO A POENT ON THE WESTERLY BOUND.~RY OF SAID TIL~CT "R", THE S.~aME BEING & POhNT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RAd3IUS POINT BEARS S 70 3)'42"V,'., A D~b'i':MNCE OF 29.35 bEET THEREFROM; THENCE RUN NORTH%~ESTERLY, ALONG TIlE WESTERLY BOUNT)ARY OF SAiD TRACT '~R" .-UNT) ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 29.35 FEET, TI{ROUGH A CENTP~&L ANGLE OF 71 =25'25', SUBTENDED BY A CHORD OF 34 26 FEET AT at BE>~RiNG OF N.55=03'02"W.. FOR A DISTANCE OF 36 59 kT~ET TO T~lE POINT OF BEGINNING; CONTAINING 2669.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY i~ SUBIECT TO EASEMEN]'S, RESER\L&TIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THIE NORTHEI~LY BOL,~NDARY OF I'RACT "R" (BENT TREE LANE) OF SOUTHAMPTON UNIT O.'¢E (BENT TREE LANE) ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 TI-LROUGH 103 OF THE PUBL1C RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N tIOI.E MONTES. INC. CERI LulCATION OF AUTHORITAT1ON L.B ~1772 TttOMAS M. MURPHT/~: 2.S.M. ~5628 STATE OF bZORiD A JAN 2 1 200 RESTORATION EASEMEN~ EXHIBIT (OURA~ON: 3 yEARS FROM ~': ~f COMMENCEMENT OF coNSTRUCTION) Page o~O zm JAN 2 ? 200~ Pg. q~ EXHIBIT HOLE MONTES 950 Enrore Way ;;aples, F',or cz 341'~9 - Phone: ~ 254.2000 Fa;( 941 254 2099 ':!M PROJECT 02000067 7/16/3 FEE SIMPLE ~EF DWG..B 42~7 INTEREST PA~C~L ~130 LEGAL DESCRIPTION ~x PORTION OF TRACT "GC2" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT TtlEREOF P, ECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i~EGIN AT THE NORTHEAST CORNER OF TRACT "GC2" OF SOL,ri'HAMPTON UNIT ONE ACCORDiNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 TILROUGH 103 OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.0i°24'33'E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "GC2". FOR A D[ST)dqCE OF 20.23 FEET; THENCE RUN N.46°05'og"w. FOR A D1ST.<NCE OF 28.77 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "GC2"; THENCE RUN N.89°14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TR&CT "GC2", FOR A DISTANCE OF 20.23 FEET TO THE POINT OF BEGINNING; CONTAINING 2046 SQUARE FEET; MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERYATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNg)ARY OF TtL&CT "GC2" OF SOLTTItAMPTON UNIT ONE ACCORDING FO TILT. PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAOES 92 TtlROUGH 103 OF TIlE PUBL1C RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14 i-tOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 THOMAS M.~MU~'~HY- STATE OF FLORIDA FOLIO NO. o JAN 2 ? 2004 Pg- FEE SIMPLE INTEREST EXHIBIT :i--" .. o'ogt ,0'Og ,O'OOt FOLIO NOnuq JAN 2 7 2004 EXHIBIT HOLE MONTES LEGAL DESCRIPTION 950 Encc;e Wa,. ~4~o~es. Fict-da 34t!0, P',ope 239 254 2000 · Fax 23§ 254 2399 TEMPORARY DRIVL~NAY RESTORA31ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT, OF CONSTR~ HM PROJECT #2000067 7/17/3 ILEF. DWG. ~B 38C0 PARCEL NO. 730 A PORTION OF TRACT "GC 2" OF SOUTH,&MPTON UNIT ONE ACCORDING TO THE PLAT T}{EP~EOF RECORDED IN PLAT BOOK 19 AT PAGES 92 TH~OUG,rt 103 OF T}LE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTttEASTERLY (?ORNER OF TRACT "R" (BENT TREE L_~NrE) OF SOUTHAMPTON UNqT ONE ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK I9 AT PAGES 92 TH~iOtJGH 103 OF THE PU:BLIC RECORDS OF COLLIER COUNTY, FLORIDA, T}IE SAME BEING A POINT ON TtlE WESTERLY BOUNDARY OF TRACT "GC-2" OF SAID PLAT OF SOUTHAMPTON UNIT ONE; THENCE RUN S.00=45'44"E. FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89°14' i6"W. FOR A DISTA,NCE OF 24.49 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAFD TRACT ~'GC-2", THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.79~13'31'E.. A DISTAx~JCE OF 25.00 FEET THEREFROM; T,~[ENCE RUN NORTHEASTERLY, AI.ONG THE WESTERLY BOUND.ARY OF SAiD TRACT "GC-2' AND ,&LONG THE ARC OF SAID CURVE TO T}[E RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 78"27'47", SUBTENDED BY A CHORD OF 31 62 FEET AT A BEARING OF N.50°00'22"E., FOR A DISFANCE OF 34.24 FEET TO THE POINT OF BEGINNING; CONTAINhNG 366.7 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEl,lENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO TiiE NORTHERLY BOUNDARY OF TRACT "R" (BENT 2 REE L&\'E) OF SOUTH.&XLPTON UNIT ONE ACCORDING TO TH~ PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF TH~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA..-kS BEING N 89~ 14' 16"E. ~{OLE MONTES, iNC, CERTIEICATION OF AUTH©RIZATION LB #1772 P.S M g5628 SI'ATE OF }q_ORIDA FOLIO NO.Lq -, lev" r' Od AGENDA IT, F,. M .o.. JAN 2 7 20Oq 1CO TEMPOP, A,RY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FR'O~ COMMENCEMENT OF CONSTRUC'I3ON) EXHIBIT oo (3(3 _o BENT TREE LANE TRACT SOkJTHAkiPTON UNi'¥ P.B !9, PGS 92-103 FOI_IO NO. JAN 2 7 200~t EXHIBII' Page ~:, of ~'~ HOLE MONTES ENGINEERS PLA~E~S S~gVEYOP, S gSO Encore Way ·Napies, Florida 34110 · Phone: 239.2M~'~}00 · Fax: 239 254.2~9g PERPETL~&. NON-.F_~CLUSIVE ROAD RK~HT"O,c-V~IAY, DP, AINAGE AND UTIUTY EASEMENT kLM PROJECT #2001XI67 7/16/3 REF. DWG. ~4B-4238 PARCEL #131-A LEGAL DESCRIPTION A PORT1ON OF TRACT "D" OF GREEN TREE CENTER ,ACCORDING TO 'FILE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BELNG MORE pART1CU'LARLY DESCRiBED AS FOLLOWS: COMMENCE AT THE NoRTHWEsT CORNER OF TRACT ~'D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 THROUGH 3t OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FI_.ORIDA~ TI IENCE RUN N,89°14' 16"E., ALONG THE NORTH1gRLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 85.95 FEE'[ TO THE POINT OF BEGIN'2.'4ING OF THE PARCEL OF LAND HEREiN DESCRIBED; THENCE CONTINUE N go° 4' 16"E. ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D", FOR A DISTA,NCE OF 289.36 FEET; THENCE RUN SO1 °29'02"E,, .aLONG THE BOU.'NDARY OF SAID TRACT "D", FOR A DISTANICE OF 10.00 FEET; THENCE RUN S.89°14'16"W., FOR A DISTANCE OF 86.79 FEET; THENCE RUN N.40°45'44''W., FOR A D1STANCE OF 6.53 FEET: THENCE RUN S.89°t4? 16"W., FOR A DISTANCE OF 198.50 FEET; THENCE RUN N.00°45'44''W., FOR A DISTANCE OF 5.9t) FEET TO THE P_OINT OF BEGINNING: CONTAINING 1891.5 SQUARE FEET; MORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEikIENTS, RESERV AT1ONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERL'f BOUN-DARY OF TRACT "D" OF GREEN TREE CENTER ACCOF..DING TO TIlE PLAT TIq3'2P,xwOF RECORDED IN PLAT BOOK !9 AT PAGES 26 THROUGH 31 OF THE PUBL1C RECORDS OF COLLIER COUNTY. ~ ' q:!DA. AS BEING N.Bg°i4'16'*E. HOLE bg.):< il!S, iNC. CERTIFICATION OF AUTHORLZAT10N LB ~ 1772 THOIvlAS STATE C)P FL©RLDA JAN 2 7 200q EXHIBIT Page ~...%... of PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF..~Ay, DRAINAGE .&.NO UTIUTY EASEMENT FOLIO NO. ~,'.,~:~ c'~_~;:,.o:~ ,O'OOt Z ,o'og z FOLIO NO._~ ~,CO .~'5 AGENDA ITEM No. At~ JAN 2 7 Page ~, of 1'4~' HOLE MONTES 750 Encore Way. ,~eples. Ficrkla 34110 · Phone; 23§254 2000 · Fax 239 2542099 PE~L, NON-EXCLUSIVE RO,CD RIGHT-OF-1AIAY, DRAINAGE AND UTIUTY EASEMENT HM PROJECT #2000067 7/16/32 REF. DWG #B4268 PARCEL NO. iS1-B LEGAL DES CRI2:'TION A PORT1ON OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO '?H]E PLAT TI rEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 TI-~OUGI't 31 OF TI-tti PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING },lORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTI-[EASTERLY CORNER OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT TI-IEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF TI-rE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THIE SAME BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT RO.M), A 100.00 FOOT RIGHT-OF-WAY; TI-rENCE RUN S.01°29'02"E-, ALONG THE BOUNDARY OF SAID TRACT "D" AND ALONG SAID ~,VESTERLY RIGHT-OF-WAY LINE, FOR A D1STANCE OF 27.00 FEET; THENCE RUN S.89° 14' 16"W. FOR A DISTANCE OF 25.00 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "D"; THENCE RUN N.01°29'02"W-, ALONG THE BOUNrDARY OF SAID TRACT "D", FOR A DISTANCE OF 27.00 FEET TO A POl3X'rr ON THE NORTHERLY BOUND.ARY OF SAID TRACT "D"; TlqoF, NCE RUN N.89"14'16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "D". FOR A DISTANCE OF 25.00 FEET TO THE _POINT OF BEGINNING; CONTAINING 675.0 SQU,M2.E FEET, },lORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEik{ENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BE.M>,INGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14'16"E. HOLE MON'TES. INC. CERTIFICATION OF AUTHORIZATION LB ,ti1772 THOMAS M. MLr~I-Df ' , STATE OF FLORIDA FOLtO NO. A A JAN PERpE'rl~ NON-EXCLUS~'~: .~.~-wa¥, ~'~HIBIT aN~ umLn'Y EaSEmENt Page % of _< ~ ~ ,O'L~:~ ~" ,o'og AiRPORT-PULLING ROAD /_ S._..R S-3l._/_lO0'_ R-O-W ~.~_~ . FOLIO N O. ~,,.r4~¢(-/',c~z'~ II ,O'OOl AGF. blDA FT--EM. JAN 2 7 200~ EXHIBIT HOLE MONTES ENGIREERS FLAi'~RS. SIJD,~ORS 950 Eh:pre Way, Naples. Fl:l~Oa 34110 · Phone: 239.2542000 · F~x: 23925¢ ·2099 ttM PROJECT ~2000067 TEMPORARY DRIVEWAY 7/! 6/3 ~B~,A'i']O~ ~I~ENT REF. DWG. ~B-3710-1 {I:)[,~:~: S YEARS FROM PARCEL NO. 731-A LEGAl. DESCRIPTION A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO TilE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLI.IER COUNTY, FLORIDA; THENCE RUN N.89°14'16"E-, ALONG THE NOR'DIERLY BOUNDARY OF SAID TRACT "D', FOR A DISTANCE OF 85.95 FEET; THENCE RUN S.00°45'44"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.39°14'16TM FOR A DISTANCE OF 26.76 FEET; THENCE RUN S.00°45'44"E- FOR A DISTANCE OF 16.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 50.00 FEET; THENCE RUN N.00c45'44"W. FOR A DISTANCE OF 16.00 FEET; THENCE RUN N.37°05'00"W. FOR A DISTANCE OF 31.65 FEET TO TttE POINT OF BEGINNING; CONTAINING 2576.4 SQUA.P,E FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 TltROUGH 31 OF THE PUBLIC RECORDS OF COLLIER cOLrNTY, FLOR/DA, AS BEING N.89°14'16"E. HOLE MONTES, INC. - CERTIFICATION OF,AUTHORIZATION LB #1772 BY ' THOMAS M ML-RP~,'Y STATE OF FLORIDA FOLIO NO.¢&,¢ ¢d--%'OqCL5 ,Naples · Fort Ifyefs, Vemce · Englewood JAN 2 7 2004 TE~ DRIVEWAY i:I~roI:IA,TION EASEMENT (~JI:I. ATION: 3 yEARS FROM CO~MENC1EMENT OF CONSTRUCTION) EXHIBIT A O:~ Z= ,~0 ._2 '£3~ _- ,o'o~ ,O'OC~. POLLO NO.q(. z A~--blDA I M No._IU ~ _ JAN 2 1 200~ HOLE MONTES ENG!Nr-ERS P:3¢~RS ~RVEYORS 950 Encore W~_,y · Naples, Fbmrlo~ 34110' Phone: 219254 2000 · Fax; 239.2542099 HM PROJECT #2000067 'TEMPORARY DRIVEWAY 7/25/3 RESTOq~TIO~ ~MENT REF. DWG. ;~B-3711 (D~R~; 3 Y~S FROM PARCEL NO. 731-B CX3MMENC~MENT OF cONdUCTION) LEG.~L DESCRIFTiON A PORTION OF TRACT "D" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT T}tE NORTH~'EST CORNER OF TRACT "A' OF GREEN TREE CENTER ACCORDING TO T] IE PLAT TI~EREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TFLE SAME BEING A POINT ON THE BOUNDARY OF TRACT "D' OF SAID GREEN TREE CENTER; THENCE RUN S.01°29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 10.00 FEET TO THE POIN~T OF BEGINNING OF ]'HE PARCEL OF LKND HEREIN DESCRIBED; THENCE CONTINUE S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 13.00 FEET; THENCE Rt~N S.89°!4' 16"W. FOR A DISTANCE OF 76.05 FEET; THENCE RUN N40°45'44"W. FOR A DISTANCE (IF; 6.97 FEET; THENCE RUN N.$9°14' 16"E. FOR A DISTANCE OF 86.'/9 FEET TO ]'HE POINT OF BEGINNING; CONTAINING 1058.4 SQUARE FEET, MORE OR LESS. THIS PROPER': Y ]S SUBJ"ECT TO EASEh~ENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEAR;N(;~ ~(~-JhLR TO TIlE WESTERLY BOUNDARY OF TRACT "A' OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF REcoRDED IN PLAT BOOK ~9 AT PAGES 26 THROUGH 3 t OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.01°29'02"E. HOLE M~N CER~IFI('A'?It ,N O~- '-.t 'THQRLZAT. ION L~ #1772 BY THOMA~ M. '~v~L%RP~HY'; STATE OF FLORIDA FOLIO NO._qr4-qC, Naples - Fort Myers · \,encee · EngJe~cod AC,~'N,D A ITeM I JAN 2 7 2004 EXHIBIT_ Z (DURATION: 3 YEA~$ FRO~4 COMMENCEMENT OF C hNSTI~LK;T1ON) ,o'og I FOLIO NO. ~(~(,-~,( ,, : ~3 ,0'00~. ~c Nof~kE~Al M JAN 2 7 200q EXHIBIT Page ~'',-: _ of ,,,: ;' HOLE NIONTES £t,IC4~,IEERS. p,_a,-ll, lEr,,S SUaVEYORS 950 Encore Way · Naples, Ftor;ea $4' 30 Phone 941.254.2900 · F~x: 941.254.2099 p~ NON-EXCLUSIVE ROAD RIGHT-OFaNAY, DP, AINAGE ANO UTIUTt EASEMENT HM PROJECT ~2000067 7/1613 REF. DWG. ~B-3673-1 PARCEL NO. 132 LEGAL DESCR12~TION A PORTION OF TRACT "A" OF GREEN 'FREE CENTER A~CORDLNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF Tt~SE PUl LIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE pARTICULARLY DESCRIBED AS FOLLO~,'S: BEGIN AT THE MOST NORTHX,VESTERLY CORNER OF TIC, CT "A OF GREEN TREE CEi',rrER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°1 a'16"E.. ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 260.00 FEET TO THE NORTIq~AST CORN"ER OF SAID TRACT "A"; THENCE RUN S.01 °29'02"E., ALONG TttE BOUNDART OF S.aJD TRACT "A", FOR A DISTANCE OF 10.00 FEET; THENCE RUN S.89°1a' 16"W. FOR A D1STA.NCE OF 260.C13 FEET TO A POINT ON THE BOUNrDARY OF SAID TRACT "A'; THENCE RUN N.01°29'02''W-, ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 10.00 FEET TO TIlE POI]XT OF BEGINq'<IN .G_; cONTAINING 2600.0 SQUARE FEET, MORE OR LESS. TI-PIS PROPERTY IS SUBJECT TO EASEI~gENwI'S. RESER'x ATIONS OR RESTPdCTIONS OF RECORD. BEARINGS RE?ER TO THE NORTltERLY BOUNDARY OF TRACT "A' OF GREEN TREE CENTER AccORDING TO THE PLAT TI:{EREOF RECORDED IN PLAT BOOK i.c .AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COb~TY, FLORIDA. AS BEING N.89°14'I 6"E. HOLE MONTES, INC. CERTIICICATION OF ALr1'HORIZAT1ON LB #!772 P.S.M. #5628 STATE OF FLORIDA FOLIO NO. JAN 2 7 200 EXHIBIT Page F~,- of,,' PERPETUA~ NON-EXCLUSIVE RC~,AD RIGHT-OF-V~I~Y, DRAINAGE AND UTILITY EASEMENT z ,0'0~ FOLI: JAN 2 ? 2006 ,! EXHIBIT Page q? of HOLE MONTES E~Y31NEE~. PLA~E~ SURVEYORS 950 Encae Way · Naples, Fioada ~4110 · PhDne: 239254.2D00 · Fax: 239 254 2099 TEMPORARY DRIVEWAY RESTORATION EASEMENT (OURA'nON: 3 YEARS FRO~ COMNI~NCF,~MENT OF CONSTRUCTIU*N) LEGAL DESCRflq'ION A PORTION OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT TI mREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST COI~NER OF rI'RACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °29'02"E., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISI'ANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF TltE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01 ~-9'02'E., ALONG THE BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 13.00 FEET; THENCE RUN N.36~00'16'qE. FOR A DISTANCE OF 16.23 FEET; TItENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 9.8g FEET TO THE POINW OF BEGINNING; CONTAINING 64.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEP~RINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "A" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF TItE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.01 °29'02'E HM PROJECT #2000067 7/25/3 REF. DWG. #B-4340 PARCEl. NO. 732 HOLE MONTES, ]NC, CERTIFICATION OF AUTHORiZATioN LB #1772 ' '"rHo~'o~s ~. ~3~ -- STATE oF FLORIDA Naples ' Fo.q Myers · Vemce · Feglewood AGEND,~ ITE% No._ ~1~.) JAN 2 7 200 TEMPOR./~ DRIVEWAY ~s~" ~ EXHIBIT (DURA'nON: 3 ~s F~ ..... Page ~EME~ ~ C~ i~j · " ~ I~ I~ =~ z ~ -----o 0~> z~ F1 I ,o'og ,O'OOt z =OLIO .lAN EXHIBIT _ Page c~q _of ~' I-IIVJ HOLE MONTES .c50 Enco*e Way · kaptes, F~o~l~a 34 ~ 10, Phone: 239.254.2~0 - F ax: 239.254.2099 PERPETI. J,A~ NON-C_XCLUSIVE ROAD RIGN"'l".-OF'461~Y, DI:LAJNAGE ANO UTILITY FEASEMENT PROJECT ~2000067 7/16/3 REF. DWG. #B-4267 P.KRCEL NO. 133 LEGAL DESCRIPTION A PORTION OF TRACT "B" OF GREEN 'FREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE pARTICULAR-LY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORT~STERLY CORN]ER OF TRACT "B" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 THROUGtt 31 OF TI'IE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89° 14' 16"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "B",FOR A DISTANCE OF 350.00 FEET TO THE NORTHEAST CORNER OF SA.ID TRACT "B"; THENCE RUN S.0! °29'0T'E., ALONG THE BOUNDARY OF SAID TRACT "B", FOR A DIST?dqCE OF 15.00 FEET; THENCE RUN S.89°14' 16"W. FOR A DISTANCE OF 271.70 FEET; THENCE RUN N.00°45'44"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89° 14' 16"W. FOR A DISTANCE OF 7 $.36 FEET TO A POINT ON THE BOUNDARY OF SAJ_D TRACT "B'; THENCE RUN N.01 °29'02''W-, ALONG THE BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.; CONTAIN'lNG 4858.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENrTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "B" OF GREEN TREE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 TH]IOUGH 3 ! OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89014' 16"E. ttOLE MONTES, L-NC: ' CERTIFICATION OF AU'TIAORIZATION LB #1772 P.S.M. #5625 BY ' -- THOMAS ~i. ML~PHY STATE OF FLORIDA FOLIO NO. ,,,:/,:- jAN Z ? 200ti =_XHIBIT · : age i50 PEFb-"ETL~L NON,EXCLUSIVE ROAD RIGHT-OF-V~y, DRAINAGE /,ND UTIUTY EASEMENT ~o O'~zE Z 0 FOLIO NO.~ ..-_). ,o'og L'~ ~'j 7 ~rl I JAN 2 Z 2OOZt Pg- ~ _ EXHIBIT ,4 Page, !~ ~ of' ~-~ ;' HOLE MONTES 950 Encore ~/,la ) · N~.~fes. Ronda 34~ 1 O ' Phone: 941.254.2000 · Fax: 941.254.2099 PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-V~Y, DRAINAGE ANO UTILITY EASEMENT HM PROJECT #2000067 ?ll 6/3 REF. DWG. #B-3674- ] PARCEL NO. 134 LEGAL DESCRIPTION A PORT1ON OF TRACT "C" OF GREEN TREE CEN'I'ER ACCORDL'qG TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEL~qG MORE PARTICLTL.~d~-LY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNm--~- OF TRACT "C" OF GREEN TREE CENTER ACCORDING TO ~ PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 26 THROUGH 31 OF THE PUBLIC R.ECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °29'02"E., ALONG THE BOUNDARY OF S3JI) TRACT "C"', FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14'16"W. FOR A DISTANCE OF 215.1X) FEET TO A POIN? ON THE BOUNDARY OF SAID TRACT "C"; THENCE RUN N.01°29'02'''~V., ALONG THE BOUNDARY OF SAID TRACT "C". FOR A DIST,~d~ICE OF 15.00 FEET; THENCE RUN N. 89° [4' 16"E., ALONG THE BOUNDARY OF SAID TRACI "U", FOR A DISTAN£E OF 215.00 FEET TO THE POIiN~1' OF BEGINNING; CONTAINING 3225.0 SQUARE FEET, MORE OR LESS. TH:IS PROPERTY IS StJBIECT TO EASE:'riENzI'S, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS R~:t'ER TO T! hE NOR~Y BOLrNDARY OF TRACT "C" OF GREEN TREE CENTER ACCORDING TO T}IE PLAT THEREOF RECORDED 1N PLAT BOOK 19 AT PAGES 26 TI[ROUGH 31 OF THE pLrBLIC ILECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14' 16"E. HOLE I~ONT~,:S. CERT[FICATIOh~ OF AU'DI(JRhZ-ATION LB #1772 BY - ~ THOMAS l~l. MD'RPHhr STATE OF FLORIDA FOLIO Venice EnglewooO JAN 2 7 20O,. EXHIBIT ~q' Page, ~o7_ of !~!,P PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT ,, CI,, ,0'00t FOLIO NO.~C~ JAN 2 7 ~ EXHIBIT _ ?age ,,,'% f '"~' HOLE MONTES ENG~r~S ?L~J'.'~S SU;~'~'o~S FEE SIMPLE INTEREST PROIECT ~2000067 ?/16!3 REF;. DWG. ¢B-3651 1 PARCEL NO. 135 LEGAL DESCRIPTION A PARCEL OF L.~oND LOCATED IN THE NORTItX,VEST QUARTER OF SECTION 25, TOWNSHI~ 48 SOUTH, RANGE 25 EAST, COLLIER cOUNTY, FLOR/DA, BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: cOMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, TI-I~ SA~ME BEING A POINT ON THE NORT}IERLY RIGHT-OF-WAY LL"IE OF IMMOKALEE ROA.D; THENCE RUN N.89°14'00"E., .~LON G THE NORTH LINE OF THE NORTI-~rEST QU.~RTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY L1NE OF 1MMOKALEE RO.~D, FOR A DISTA~NCE OF 206.89 FEET; THENCE RL.~ S.0D°46'00''E. FOR A DISTANCE OF 150.00 FEET TO A pOh'h~f ON THE soUTHERLY R/GHT-OF-WAY LiNE OF ~,IMOK/cLEE ROAD, THE SAIVIE BEING THE MOST NORTHEASTERLY CORNER OF THAT pARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752 OF THE pUBL1C RECORDS OF COLLIER COUNTY, FLORIDA, AND THE ~OINT OF BEGINNING OF THE P.~CEL OF LAND HEREI~N DESCRIBED; THENCE RUN N.89°14'00''E.- ALONG THE ~OUTHERLY R1GFrT-OF~WAY LINE OF II~{MOKALEE ROAD FOR A DISTANCE OF 457.26 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF TIlE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S .01°33 '35"E., ALONG TH2E EAST LINE OF THE 'WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUAR'IER OF SAID SECTION 25. FOR A DISTANCE OF 10.00 FEET TO A POLN'T10.00 FEET SOUTHERLY OF, AS MEASURED AT R1GI-Ff ANGLES TO, TH~ SOUTHERLY RIGHT-OF-WAY LINrE OF BXLMOKALEE ROAD; THENCE RUN S.89°14'00,'W. FOR A D1ST/dqCE 11.96 FEET; THENCE RUN S.00~46'00''E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°14'00''W- FOR A DISTANCE OF 320.82 FEET; THENCE RUN N.00°46'00''W- FOR A DISTANCE OF 10.00 FEET; THENCE RL.~ S.89°14XKY'W- FOR A DISTANCE OF 125.07 FEET TO A POLNT ON THE EASTERLY BOUNT)ARY OF SAID PARCEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK I703 AT PAGE 1752; THENCE RUN N.04°23'36''E- AJ~ONG THE EASTERLY BOUNDARY OF SAID p.ARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO ~ POINT OF BEGIN.'~!I.,.N~G; CONTAINING 5556.5 SQUARE I:EET, MORE OR LESS. THIS pROPERTY IS SUBJECT TO EASEl',tENTS, RESERVATIONS OR FLESTRICT1ONS OF RECORD. BEARINGS KEF-ER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, t'OVCNSHIP 48 SOUTH, RANGE 25 EAST, COLLLER COUNTY, F%ORIDA, AS BEING N.89°14'00"E. HOLE MONTES, iF!C. CERTIFICATION OF AUTlqORiZATI'~N LB #1772 P.S.M #5628 STATE OF FLORIDA FOLIO NO. JAN 2 7 2004 FEE SIMPLE INTEREST EXHIBIT Page = ~._=.2_ of..,,,,. ~o 100' CANAL & R-O-W COLLIER COUNTY R-O-W r-- ~ .O'Ot i-OLiO ,O0'OCjl. 3 ,,00,9i~.00 S ../ JAN 2 7 20% EXHIBIT" HOLE MOIXlTES 950 Encore ~'~' · Naples F~ones ~1' 0' Phone: 239 25,~.2~00 · Fax: 239254 2075 CONSTRUGTK)N EASEMENT (DURATK)N: 3 YEARS FROM COMMENCEMENT OF cONSTRUCTION) HM PROJECT ~2000067 12/04/03 KEF. DWG. #B-4490 PARCEL NO. 735-A LEG.M. DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 sOUTH, RAIqGE 25 EAST, COLLIER COUNTY, P_ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THZ NORThWgEST CORNER OF sECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND ?-~LONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.89 FEET; THENCE RUN S.00°46'00''E- FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LI2~E OF rMMOKALEE ROAD, THE SAME BEING THE MOST NORTHEASTERLY CORNER OF THAT PAI~CEL OF LAND DEEDED TO COLLIER COUNTY, RECORDED IN O.R. BOOK 1703 AT PAGE 1752 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.04o23'36"W., ,~LONG THE BOUNDARY OF SAID PARCEL OF LAMD RECORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 FEET TO A POINT 5.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE sOUTHERLY RIGHT-OF-WAY LLNE OF I3ffMOKALEE ROAD .t~ND TO THE P_OINT OI~ BEGINNING OF THE PARCEL OF LA~ff) HEREIN DESCRIBED; THENCE RUN N.89°14'00'E., pARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DIST.ANCE OF 125.07 FEET; TtlENCE RUN S.00°46'00"E. FOR A DISTANCE OF 5.00 FEET TO A POINT 10.00 FEET SOUTHERLY OF, AS bIEASURED AT RIGHT ANGLES TO, THE SOUTI~ERLY RIGHT~OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89o 14'00"W., PAR,~LLEL W1Ttt TFIE SOUTHERLY RiGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 125.52 FEET TO A POLNT ON THE B OL~FD.~Y OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE 1752; THENCE RUN N.04°23'36''E-, ALONG THE BOU~NDARY OF SAID PARCEL OF LAND RECORDED IN O.R. BOOK 1703 AT PAGE i752, FOR A DISTANCE OF 5.02 FEET TO THE POINT OF BEGIN~'NING; CONTAINING 626.5 SQUARE FEET, MORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TO\VNSH1P 48 SOUTH, RANGE 25 EAST, COLLIER COU,"NTY, FLORJDA, AS BEING N.89°14'00"E. HOLE MONTES, INC. . - CERTIFICATION ,OF .A:UTHO~'IZ .ATION LB ~17?2 '.: 'i ~ ~ ........ ~.~' ,': ,"::~-. ., :' :'7 i ~f~OM. AS, . ~.'~ P.S M. #5628 STATE OF FLORIDA iO AOF~I~a, IT ,~s.M- No.~ \x~) JAN 7 EXHIBIT ~ Page.~.~, of i:-t? CO[DER COU~'I~f R-0-~ '~ O O.R. ~703, PG 1752 ~ ~ !...3 .00'g .00's L .O0'Og t FOLIO ~0.~'~ .00'09!, '4 .00.9~.00 S O JAN 2 7 200zt F_.XHIBIT JIM HOLE MONTES EI~G:t~EE~S ?L~NNERS SUPAr~.YOFIS 950 Encore ',';ay - Names, ~iOrl,~a 34110 -Phone. 23§ 2~ 2000 · Fax ;:39 2542075 TEMPORARY DRIVEWAY I-iM PROJECT ~2~067 (~TI~: 3 y~5 F~ REF. DWG. ~B-3712-2 ~MME~EME~ ~ CON~ION) P~CEL NO. 735-B LEG~ DESCRIPTION A P~CEL OF L~D LOCA~D IN THE NORT}~ST QUOTER OF SECTION 25, TOWNS~P 48 SOUTH, R.~NGE 25 EAST, COLLIER COLBY, ~ORIDA, BEING MO~ PARTIC~Y DESCRIBED AS FOLLOWS: COM~NCE AT T}~ NORTH~ST CO~R OF SECT1ON 25, TOWNS~ 48 SOUTH, R~GE 25 EAST, COLLIER CO~Y, ~ORIDA, ~ S~ BErG A PO~T ON T~ NORThlY RIGHT-OF-WAY L~E OF 1MMOK~EE RO~; T~NCE RUN N.89°I4'00"E., ~ONG T~ NORTH LI~ OF T}~ NORTH~ST QU.~R OF S~D SECTION 25 ~D ~ONG T~ NORThlY ~GHT-OF-WAY L~ OF IMMOK.~EE RO~, FOR A DIST~CE OF 206.89 ~ET; T~NCE R~ S.~°46'~"E. FOR A DIST~CE OF 150.~ FE~ TO A POI~ ON T~ SOUT~Y RIGHT-OF-WAY L~ OF IMMOK~EE RO~, THE SA~ BEING T}~ MOST NORT~ASTE~Y CO~R OF T~AT P~CEL OF L~ DEEDED TO COLLAR COUNTY, ~CO~ED IN O.R. BOOK 1703 AT PAGE 1752 OF T~ PUBLIC ~CORDS OF COLLAR COUNTY, ~ORIDA; T~NCE RUN S.~Y36"W., ,~ONG T}~ BO~,~Y OF S~D P~CEL OF L~D ~CORDED IN O.R. BOOK 1703 AT PAGE 1752, FOR A DISTANCE OF 5.02 ~ET TO A PO1NW 5.00 ~ET SO~Y OF, AS MEASU~D AT RIGHT ~GLES TO, T}~ SOUT~Y RIGHT-OF-WAY LINE OF I~IOK~EE RO~; T~NCE RUN N.Sg=I4'~"E., P~,~LEL WITH T~ SOUT~Y R[G~-OF-WAY LI~ OF IMMOK~EE RO~, FOR A DISTANCE OF 125.07 ~ET; T~NCE R~ S.00°46'00"E. FOR A DISTanCE OF 10.~ ~ET TO A POINT 15.00 ~ET SOUTHE~Y OF, AS ~AS~ED AT RIGHT ~GLES TO, T~ SOLWHE~Y RIGHT-OF-WAY LINE OF ~{OK~EE RO~ ~D TO T~ POI~ OF BEGIN~NG OF T~ P~CEL OF LAND ~ DESCRIBED; T~NCE R~ N.89° 14'00'~., P~L~ WITH T~ SO~Y RIG~-OF-WAY LI~ OF IMMOKALEE RO~, FOR A DIST~CE OF 320.82 ~ET; T~NCE R~ S.00°46'00"E., FOR A DISTANCE OF 31.50 ~ET TO A POI~ 46.50 ~ET SOUT~Y OF, AS ~AS~D AT RIG~ ~NGLES TO, T~ SOUT~Y ~GHT-OF- WAY Ll~ OF ~MOK.~EE RO~; T}~NCE RUN s.ggol 4'O0"W., P~AL~L WITH T}~ SO~Y RIGItT- OF-WAY LI~ OF IMMOK.~ RO~, FOR A DIST.~'CE OF 81.59 ~ET; T~NCE RUN N.~=00'OO"W., FOR A DIST~CE OF 26.50 ~ET TO A POI~ 20.~ ~T SOUT~Y OF, AS ~ASU~D AT RIGHT ~NGLES TO, T~ SO~Y R1G~-OF-WAY L~ OF IN~MOK~EE RO~; T~NCE R~ S.89°14'00"W. PAR~LEL WITH T~ SO~Y RIG~-OF-WAY L~T OF ~iMOK~EE RO.~, FOR A DISTANCE OF 239.59 ~ET: T~NCE R~ N.~°46'~%V. FOR A DISTANCE OF 5.00 ~ET TO T~ POINW OF BEGINNING; CONTAINING 3,761.3 S( U~ ~ET, MO~ OR LESS. THIS PROPERTY IS S~JECT TO EASEME~S, ~SERVATIONS OR ~STRICTIONS OF ~CORD. BEINGS ~R TO T~ NORTH L~ OF T~ NORT~'EST QUOTER OF SECTION 25, TOWNSH~ 48 SOU~, R.&NGE 25 EAST, COLLAR COUNTY, ~OR~A, AS BEING N.g9oI4'00"E. HOLE MONTES, INC. CERTItilCATION OF A. UTI, tOJ&IZATION LB #1772 BY i, ? P.S.M. #5628 STATE OF FLORIDA FOLIO Naoies · -'od Myers .o?, JAN 2 7 318/i EXHIBIT. ~ . g~: rr3 z~'Z 'T6MPORARY DR{/EWA¥ i:~..STOP, ATION F_A,SEME~ (DuRATION: 3 yEA~,S FROM COMMENCEMENT OF CCI,45'%R~) COLLIER COUNTY R-O-~N -4 .00,9~.00 S L1 ,O0'Og ~, L6 L5 ~yg rn CD FOLIO NO ~:c~' ~-~ = _~o JAN 2 ? 21)0~ Page!,5~ of .? HOLE MONTES E h~I~;EERS Pb~NI~E RS SUF~/[YORS LEG.M. DESCRIPTION 950 Encore V~ay · Naples, F:on0a 3~110 · Phone: 239.254.2000 - Fax: 239.2~1 20~g PERPETUAL NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT HM PROJECT ~2000067 ?/16/3 REF. DWG. ~B-4269 PARCEL NO. 136 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOl. FYI-f, RANGE 25 EAST, COLLIER COUNTY, F'LORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHIVEST coRNER OF SECTION 25, TOWNSHIP 48 SOUTH, R.ad',JGE 25 EAST. COLLIER COUNTY, FLORIDA, THE SAME BEING A POI:',rr ON THE NORTHERLY RIGHT-OF-WAY L1NE OF IMMOKALEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTH'C,~EST QU.ARTER OF S.MD SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE RO.~D. FOR A DISTANCE OF 662.07 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S.01 ALONG THE WEST LINE OF THE EAST H.a&.F OF THE NORTHW~ QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, FOR A DIST,~,/CE OF !50.01 FEET TO A POINT ON THE SOUTHERLY BOUND.~RY OF A 50.00 FOOT RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1651 AT PAGE 146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORI'DA; AND TIlE POINT OF BEGINNrING OF THE P.z~RCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°14'00"E., ALONG ~ SOUTHERLY BOUN'DARY OF SAID SOUTHERLY RIGHT-OF-WAY EASEMENT, FOR A DIST_~NCE OF 456.84 FEET; THENCE RUN S.00~46'00"E. FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14'00'W. FOR A DISTANCE OF 321.28 FEET; THENCE RUN N.01 °34'34"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF I35.36 FEET TO A POINT ON THE WEST LINrE OF THE EAST H.~LF OF THE NORTH'C, rEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN N.01°33'38"W, ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWrEST QUARTER OF THE NORThWqEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 6,175.3 SQU/kRE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMEN?S, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89~I4'00"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB 41772 BY ~. /~- P.S.M. #5628 .THOMAS M. M~JRP~IT 3TATE OF FLORIDA FOLIO NO. Naples, Fc'~ M?..rs, venice. AGENDA IT~ No.. ~U JAN 2 7 200 EXHIBIT "~ Page, ~,3 of ~q ;~' PERPETUAL NONqF..XCLUSIVE ROAD RIC-.-.-.-.-.-.-.-.-~-OF-WAY, DRAINAGE ANO UTIUTY EASEMENT JAN 2 7 2006 EXHIBIT HOLE MONTES 550 Encore Wa), · Nspies. Fl:~li~a 34 I!0, Phone: 239254.2000 · Fax: 239.254.2099 LEGAL DESCRIPTION TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FI:tOM COMMENCEMENT OF CONSTRUCTION) HM PROJECT ~2000067 7/I 6/3 REF. DWG #B-3713-1 PARCEL NO. 736 A PARCEL OF LAND LOCATED IN THE NORTllWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOI. ITtl, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 25, TOWNSHI~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, 'FI-I~ SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINT OF 1MMOIC~,LEE ROAD; THENCE RUN N.89°14'00"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAD SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 662.07 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF TIlE NORTI-tWEST QUARTER OF TI-IE NORTHWEST QUARTER OF SAID SECFION 25; THENCE RL.n'/S.01 =33'38"E., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF Tl:lli NORTHWEST QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 100.01 FEET TO A POINT ON TILE_ NORTHERLy BOUNDARy OF A 50.00 FOOT RIGHT-OF-WAY EASEMENT RECORDED 1N O.R. BOOK 1651 AT PAGE 146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIa~ENCE RUN N.89°14'00"E., ALONG TIlE NORTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DIST,~qCE OF 346.08 FEET; THENCE RUN S.01 °36'02"E. FOR A DISTANCE OF 65.01 FEET; THENCE RUN N.89°14'00"E. FOR A DISTANCE OF 3548 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL OF LAND I-~REIN DESCRIBED; THENCE CONI'INUE N.89° 14'00"E., FOR A DISTANCE OF 69.91 FEET; THENCE RUN S.01°36'46"E. FOR A DISTANCE OF 2100 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 70.22 ."-'EET; THENCE RUN N 00°46'00"W. FOR A D/STANCE OF 21.00 FEET TO T}[E POINT OF BEGINNING; CONT,MNING 1471.4 SQUARE FEE]', MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THI! NORTHWEST QUARTER OF SECTION 25, TOWNStlIP 48 SOUTH, R.~X/GE 25 EAST, COLLIER COUN'FY, FLORIDA, AS BEING N.89°14'00"E. CERT]~ICATi0N OF AUTIt0R1ZAT1ON kB #1772 THOMAS STATE OF FLORIDA FOLIO "dapJes. For~ I~,,','-~rs · Venice - Englewood JAN 2 7 2004 I TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FI<OM COMMENCEMENT OF CONSTRUCTION} EXHIBIT_ .~! Page "~ of ~u,~.' z ,l,/~ ~N '~/~ FOLIO NO.~; AG~J~IO.A IT~ No., I'k J JAN 2 7 ZOOZl EXHIBIT f, Pagei~ of i~ HOLE MONTES ~.N~I,~ERS PL;~fERS. SURV[YORS LEG.~L DESCRIPTION 950 Encore Way Napl~,FIo¢iOa34t10 PI;onc: 941.254.2000. Fax: 941.254 2099 PERPETUAL NON-EXCLUSIVE ROAD RIGHT-'DF4NAy, DRAINAGE AND b~UTY EASEMENT HM PROJECT ~2000067 7/I 6/3 REF. DWG. #B-3689-1 PARCEL NO 137 A PORTION OF LOT 2 OF WINTERVIEW COURT ACCORDING TO TIlE PLAT THEREOF RECORDED iN PLAT BOOK 29 AT PAGES 49 AaND 50 OF THE PUBL1C RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTItWEST CORNER OF LOT 2 OF W1NTERVIEW COURT ACCORD[NO TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AaND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORiDA; THENCE RUN N.89°14'00"E., ALONG TH2E NORTHERLY BOUNDARy OF SAID LOT 2, FOR A DISTANCE OF 63.06 FEET; THENCE RUN S.00°46'06"E. FOR A DISTA~NICE OF 5.00 FEET; THENCE RUN S.89°14'00'W. FOR A D1STANCE OF 62.98 FEET TO A POINq' ON Tt-IE WESTERLY BOUNDARY OF SAID LOT 2; THENCE RUN N.01 °38'14"W., ALONG THE WESTERLY BOLrNDARy OF SAID LOT 2, FOR A DISTANCE OF 5.00 .FEET TO THE POINT OF BEGINNING; CONTAINING 315.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BE.ad~INGS REFER TO THE NORTHERLY BOUNrDARY OF LOT 2 OF WINTERVIEW COURT ACCORDING TO THE PLAI THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF C°LLIER CO.LrNTY, FLgRIDA, AS BEING N.89°14'00"E. HOLE MONTESj'INC. ' .... CERTIFICATION OF A~'TttORIZATION LB #1772 BY /~t.~4~-~. ~)~,/,~ 'P.S.M. #5628 THOMAS - rlvE MLr'/~Hy STATE OF FLORDA FOLIO NO AO~,NI~A No.. JAN PERPETUA[. NON-EXCLUSIVE ROA~ RIGHT~)F-W~Y, DRAINAGE AND U~LITY EASEMENT EXHIBIT .~;- Page.;~,~ of ~' .0'00 L ~- -- A M JAN 2 7 200~ EXHIBIT I,, M HOLE MONTES [N$!,~,'E;~RS' P'~NNERS ~LJRVEYOi~S 950 Encee Way, Nap!ss, FIorica 34~10 · Phone: 239254 2000, Fax 239254,2099 TEMPORA~:~" DRIVEWAY HM PROJECT ,~2000067 RESTORATION E-A~EMENT 7/] ]/03 (DURATION: 3 YEARS FROM REF. DWG ~B-JT]7-! ~OMMENCEMENT O~ CONSTRUCTION) PARCEL NO. 738 LEGAL DESCRIPTION A PORT/ON OF LOT I OF WINTERV1EW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE FUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCE AT THE NORTHwEsT CORNER OF LOI' I OF WlNTERVLEW COURT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TF~NCE RUN N.gg°I4'00',E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 AND ALONG THE SOUTI-EERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 2.52 FEET TO THE POINVT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89°I4'00"E, ALONG THE NORTHERLY BOUNDARY OF SAID LOT I AND ALONG THE SOUTItERLY RIGHT- OF-WAY LINrE OF IMMOKALEE ROAD, FOR A DIST_'MNCE OF 49.29 FEET; THENCE RUN S.00~46'00"W FOR A D1STANCE OF 18.50 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 49.29 FEET; THENCE RUN N.00°46'00"W. FOR A DISTA.NCE OF 18.50 FEET TO THE POINT OF BEGINNING; CONTAINING 911.8 SQUAILE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARy OF LOT i OF WINTERVIEW COURT ACCORDING TO THE PLAT TItEREOF RECORDED 1N PLAT BOOK 29 AT PAGES 49 ,adND 50 OF THE PUBLIC RECORDS OF COLLIER COUN'TY, FLORIDA, AS BEING N89°14'00-E. HOLE MONTES, INC. CERTIFICATION OF AUTHOIUZATION LB #1772 BY' ~ THOMAS M. MU~y STATE OF FLORIDA FOLIO :~ap,es · Fo'] Myers · Vemce. En§lewood I AQENDA IZEM- -P'> / TEMPORARY DPJV'EWAY RESTORATK)N EASEMENT (DURATION: 3 YEARS FRONI COMMENCEMENT OF CONSTRUCTION) EXHIBIT Page 'iF.~ of ,'1 ("~ 3-r' --.-I m ,O'OOt IV~d M3d M-O-M 031VDIO30 JAN 2 7 2004 Page ~ of '~u¢- HOLE MONTES Et~GII~EE~S ?~A~'N,E~S SU~'¢EYOflS 95DEncomW~y kzpies, Flerida 34110, Phone:941.254.200D Fax: 941.254 2099 HM PROJECT #2000067 T~~ 7/16/3 C(~tS~ EA,SEMENT REF. DWG t~B-3690-2 ([YJRAT}O~i: 3 yE~c~S F~OM PARCEl. NO. 739 COMMENCEM~=N'r OF CONSTRUCTION) LEGAL DESCRIPTION A PORTION OF TRACT "A" OF FOLrR SEASONS ACCORDLN!G TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY' DESCRIBED AS FOLLOWS: COMMENCE AT TIlE NORTHEAST CORNER OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01°42'49"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.01°42'49"E., .,~TL,ONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 25.00 FEET; THENCE RUN S.89° 14'00"W. FOR A DISTANCE OF 60.00 FEET; THENCE RUN N.00°46'00"W. FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89°14'00"W. FOR A DISTANCE OF 201.05 FEET TO A POhNT ON THE BOUNDARY OF THAT PARCEL OF LAND CONVEYED 'FO COLLIER COUNTY PER THE INSTRUMENW RECORDED IN O.R. BOOK 1823 AT PAGES 1319 THROUGH [324 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.44°14'13"E., ALONG THE BOUNDARY OF SAID PARCEL RECORDED IN O.R. BOOK 1823 AT PAGES 1319 THROUGH 1324, POR A DISTANCE OF 7.07 FEET TO A POIN~T 17.00 FEET SOUTHERLY OF, AS I~¢EASURED AT RIGHT ANGLES TO, THE NORTHERLY BOUNDARY OF SAID TRACT "A"; THENCE RUN N.89°I4'00"E., PARALLEL WITH T}IE NORTHERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 255.64 FEET 'FO THE POINT OF BEGINNING; CONTAINING 2487.6 SQU.,~RE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" OF POUR SEASONS ACCORDING TO THeE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE pLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°14'O0'~E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB ~1772 THOMAS I~. MU~,.P. HY P.S.M. #5628 STATE OF FLORIDA FOLIO Naples · ~o~ Myers - Venice - EnOlewood A A EM JAN 2 ? 200q TEMPOP, A,RY CONSTRUCTION EASEMENrF (DURATION: 3 ~ FROM COMMENCEMENT OF CONSTRuCT~ON'i EXHIBIT Page ~ !~, _of m ,O'L ~ /~ .00,9~¢.00 N 00'0~ 4:,,. o~ ~ /ED // ,O0.Cj~ ,O0'Lt 3 .6t~,~t..10 S 3 .6~,~.m s 0 FOLIO AGEJ~)A,,J.TE U JAN 2 7 _200z~ EXHIBIT Pmoe I i ~...__'Of.. ImllV! HOLE MONTES [;,;3~F~.::-?$ .~[,~.kq~P,S- SLRV~CRS ]50 ~core Way N~;~les, Fiorlda 341 ~O · ?hone: ~/ 254.2000 Fax: 941.254 2099 HM PROJECT ~r2000067 7/16/3 PERPETua, NON~CLUSi~ ~F. DWG. 0B-369 ROAD RIGHT~.~y, ~I~GE P~CEL NO. 140 g~O ~L~ ~EME~ ~O~ DESC~ON A PORT1ON OF LOT 1, BLOC~5. OF ~GENT P~K REPLAT ACCO~ING TO TI ~ PLAT T~OF ~CO~ED ~ PLAT B~K 14 AT PAGES 57 ~D 58 OF T~ P~L1C RECORDS OF COLOR CO~TY, ~O~A. BErG MO~ P~RTICL~LY DESC~ED AS FOLLOWS: COMe,CE AT T~ ~WERSECTION OF T~ CE~E~IN~ OF ~GENT C~CLE, A 120.00 FOOT RIGHT-OF- WAY, AS T~ SA~ IS SHOWN ON T~ PLAT OF ~G~T P~K ~PLAT ACCORDING TO T~ P~T T~OF ~CO~ED IN PLAT BOOK 14 AT PAGES 57 ~ 58 OF T~ P~LIC RECO~S OF COLLAR CO~TY, ~OR~A, WI~ T}~ SO~Y ~GHT-OF-WAY L~ OF IMMOK~E RO~; T~NCE RUN S.89'14'~"W., ~ONG T~ SOUrly RIG~-OF-WAY LI~ OF ~OK.~EE RO~, FQR A DIST.&NCE OF 99.30 ~ET TO A PO~W ON T~ BOL%~y OF LOT 1, BLOCK 5, OF SAID t~GENT P~K ~PLAT AND T~ POI~ OF BEG~G OF T~ PARCEL OF L~ ~IN DESC~BED; TI~NCE CONTI~ S-89°14'~"W.. ~ONG T~ SOUT~y RIG~-OF-WAY L~ OF ~MOK~EE RO~ .~ ,~ONG T~ BOlDlY OF S~ LOT 1, FOR A DISTg~NCE OF 200.~ ~; T~NCE RUN S.~46'00"E. FOR A DIST~CE OF 5.00 ~ET; T~NCE R~ N.89°14'O0"E. FOR A DIST~ OF 219.36 ~ TO A PO~W ON T~ BO~y OF S~ LOT 1, T~ S~ BErG A PO~W ON A C~ CL~VE, CONCAVE SOUT~S~y, WHOSE ~S POLNT BE~S S.28°I 1 '18"W. A DIST~CE OF 40.00 ~ET T~OM; T~NCE R~ NORT~S~y, ~ONG T~ .~C OF S~ C~VE TO T~ LE~, HAVING A RADIUS OF 40.00 ~, T~OUGH A CENT~ ~GLE OF 28=57, !8". S~ED BY A CHO~ OF 20.00 ~ET AT A BEING OF N.76°17'2I"W., FOR A DISTANCE OF 20.21 ~ET TO T~ POINT OF BEGIN~G; CONTAINING 1065.4 SQU.~ ~ET, MO~ OR ~SS. THIS PROPERTY IS S~CT TO EASEMENTS, RESERVATIONS OR ~STRICTIONS OF ~CORD. B~NGS ~R TO T~ NORThly BO~y OF LOT 1, BLOCK 5, OF P~GE~ P~K ~PLAT ~S. OF COLOR C0~Y' ~OR~A, AS BErG S.89°14'00"W. HOLE MONWES, INC. CERT~CATION OF ALWHoP~ATION LB ~ 1772 BY THOMAS M.~LrI~HY STATE OF FLORIDA / FOLIO JAN 2 1 200t~ PERPETUAL, NON-EXCLUSiVE OAD RIGHT-OF.WAY, DRAINkGE AND UTILITY EASEMENT EXHIBIT ?: Page ~ ~o of ~ ~. ~? 'Z FOLIO NO. AGENDA,ITEM No. iL_.,) ~ JAN 2 7 200z~ Page I:~ _ of~ HOLE MONTES 950 Encore Way · Na~ ~, F~nca 341 0 · Phone: 239.2~.2000 · Fax: 239254 2099 HM PROJECT #200K)067 PERPk~I'I.J^L, NON-EXCLU$~ 7/16/3 ROAD RIGHI-OF-WAY, DRAINAGE REF. DWG. #B-3718-2 AND UTIUTY EASEMENT P.'M~.CEL NO. ] 4 ] LEGAL DESCRIPTION A PORTION OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,1 AT PAGES 57 AND 58 OF THE PLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P/~RTICULARLy DESCRIBED AS FOLLOWS: .B. EGIN AT ~ NORTHEAST COI~NER OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDLNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °52' 17"E., .aLONG 'THE EASTERLY BOUND,~y OF SAID LOT 2, FOR A DISTANCE OF 15.33 FEET; THENCE RUN N.45°44'59',W. FOR A DISTANCE OF 14.60 FEET TO A POINT 5.00 FEET SOUTHERLy OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLy BOUNDARY OF SAID LOT 2; THENCE RUN 5.89o15'11-W., PARALLEL WITH THE NORTHERLY BOUNDARy OF SAID LOT 2, FOR A DISTANCE OF 336.19 FEET; THENCE RUN N_00o44'49,,W. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY BOUNDARy OF SAID LOT 2; THENCE RUN N.89°15'1 I"E., ALONG THE NORTHERLY BOUNDARy OF SAID LOT 2, FOR A DISTANCE OF 346.21 FEET TO THE .POINT OF BEGIN~Q; CONTAINING 1783.6 SQU.,Mq.E FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASE/~-{ENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BE.ad~INGS REFER TO TH~ NORTHERLy BOUNDARY OF LOT 2, BLOCK 5, OF REGENT PARK REPLAT ACCORDING TO THE PLAT THEREOF RECORDED LN PLAT BOOK 14 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89°15'11'E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB ~-1772 THQMAS M. MU1;'3t~IY STATE OF FLORIDA FOLIO Naples, Fod Mye~ -'~eni~ · En§lewood JAN 2 7 2O04 Pg. AND UllUTY EASEMEt~"[ ,O'OO[ FOLIO NO.(~-~/q~,cr{~T?_~ AGEIYDA ITEM .o.,_ Lr~ JAN 2 l--Al Iii~1 I Page t72~ of ~ HOLE MONTES ~50 Encore W~ · f~aple~, FIo~ ~ I ~ ~, ~hone: 2~.2~ 2000 - Fa~: 2~.254 lEVI PROJECT #2000067 'FF. MDORARY Di:lhILeWAY 7/17/3 ~,E$'~I'D~ttkTIO~ EA,.$EMENT REF. DWG. #B-3802 (I~J~,A. TIO~: 3 YEARS F~O~ PARCEL NO. 742-A LEGAL DESCRIPTION OOMMENCEMENT OF CONSTRLK~TION) A PORTION OF TRACT "D" OF QUAIL WOODS COIFR'I'Y.~RDS ACCORDING TO THE PLAT TIJEILEOF RECORDED IN PLAT BOOK 27 AT PAGES 28 .MND 29 OF TIlE PUBLIC RECORDS OF COLLIER COUNT':', FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: B~GIN AT THE NORTI-[EAST CORNER OF TRACT "D" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT IHEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC ILECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01 °52' 17"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "D", FOR A DISTANCE OF 36.91 FEET; THENCE RUN S.88°07'43"W. FOR A DIS/Ad'4CE OF 10.00 FEET TO A POINT ON TIlE WESTERLY BOUNDARY OF SAID TRACT "D"; THENCE RUN N.01 °52'17'W., ALONG THE WESTERLY BOUNDARy OF SAID TRACT "D", FOR A DIST.M'qCE OF 37.10 FEET TO THE NORTHWEST CORNER OF SAID TRACT "D"; THENCE RUN N.89~ 15'11 "E., ALONG THE NORTHERLY B OUSND/LRy OF SAID TRACT "D", FOR A DISTANCE OF I0.00 FEET TO TtlE POINT OF BEGINNING; CONTAiN~iNG 370.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY 1S SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "D" OF QUAIL WOODS COURTYARDS ACCORDING TO TItE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF TttE PUBLIC RECORDS OF COLLIER COUNTY, FLOR[DA, AS BEING N.89°15' 11"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB ~1772 BY THOMAS M./vI~..~H'f STATE OF FLORIDA NapJes · Fort Myers, 'venice Engiewood JAN 2 7 200q TEMPORARY DRIVEW~Y RESTORATtON EASEMENT (DURATION' 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT Page :?-~! of m o"~- -oO ---o I-' m 0 FOLIO NO. ~ JAN 2 7 200~ Page HOLE MONTES E~Gt~EEP~ pbr-,~¢v~S ,?dFI~D'OKS 950 Enca,e Way · Naples, Ronda 34111 · Phone: 239.254 2000 · Fax: 239.2542099 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEME}~ OF CONSTRUCTION) LEGAL DESCRIPTION A PORTION OF TRACT "A" (THE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO Tt1E PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF TltE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTiCULARLY DE$CREBED AS FOLLOWS: BEGIN AT THE NORTH~VEST CORNER OF TRACT "A' (~HE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 27 AT PAGES 28 ANq:) 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE R-JN N.89°15'1 I'E., ALONG THE NORTHERLY BOUNDARY OF SAiD TRACT "A', FOR A DISTANCE OF 60.1:)1 FEET TO THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE RUN S.01 °52' 17"E., .&LONG THE EASTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 35,73 FEET; THENCE RUN S.88°07'43'W. FOR A DISTANCE OF 60.00 FEET TO A POINT ON ~!ItE WESTERLY BOUNDARY OF &kiD TRACT "A'; THENCE RUN N.01°52'IT'W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "A", FOR A DISTANCE OF 36.91 FEET TO THE POINT OF BEGINNING; CONTAINING 2179.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARffJGS REFER TO THE NORTHERLY BOU"NDARY O~ TRACT "A' (THE LANE) OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COU~NTY, FLOPdDA, AS BEING N.89°15' I t'E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB # 1772 113'1 PROJECT #2000067 7/17/3 REF. DWG. #B-3801 PAR. CEL NO. 742-B THOMAS M. MU~[~PItY]/ P.S.M. ~.5628 STATE 3F FLORIDA AG F_.~I~)A ITEM No.~ JAN 2 7 TEMPORARY DRIVEWAY FJESTORATK~N EASEMENT (DURATION: 3 YEARS FRCh~ COMMENCEMENT OF CONSTRUCTION) EXHIBIT .. ,:~ _.Z .-< 6g-§8 SOd 'Lg g(i}jV.LL~JP~03 gGOOa qlVEb '(] ,L3VaJ, 6'g- 9g god [.6'9'L' /A ,,Lt,~cj. LO N ,/ FOLIO NO.c,~ ~ ~,q,,,~ °2,/~e~ JAN 2 7 2004 EXHIBIT HOLE MONTES ~;N61NEERS - ~L~\~,E~ SUR~EY~R~ 950 Encore Way · N?.pies. Flor:aa 34;: 0 · Phone: 941.254.2000 - Fax: 941.254 2099 HM PROJECT #2000067 PERP=-TUAL, NON-EXCLUSIVE 7/1 ROAD RIGHT-OF-VVAy, OP, AINAGE REF. DWG. #B-3720- AND UTIUTY EASEMENT PARCEL NO. 143-A LEGAL DESCRIPTION A PORTION OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDLNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OFTHE PUBL1C RECORDS OF COLLIER COLrNTY, FLOILIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT TI"IE NOR"i'HWEST CORN~.~R OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THISREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RLrN N.89°15' 11"E., ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 20.37 FEET; THENCE RUN S.39°15'01"W. FOR A DISTANCE OF 30.97 FEET TO A PO1N~F ON THE WESTERLY BOUNDARY OF SAID TRACT "B"; THENCE RUN N.01 °52' 1T'W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "B', FOR A DISTANCE OF 23.73 FEET TO THE pOINT OF -B-EGIN~NING; CONTAINWaXlG 241.7 SQUARE FEET, MORE OR LESS. - THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR P,-ESTRICTIONS OF RECORD. BEARINGS RF_ZER TO THE NORTHERLY BOUND)A~y OF TRACT "B" OF QU.adL WOODS COURTYARDS ACCORDING TO THE PLAT TI~IEREOF RECORDED IN PLAT BOOK 27 A1 PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTy, FLORIDA, AS BEING N.89° 15'1 I"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS M. P.S.M. #5628 STATE OF FLORIDA FOLIO NO. ,..,? Naples · Fr~ Myers Venice Engtewoorl AG A IT.~ ' JAN 2 7 200q . ~...~ · -_~ :'7 EXHIBIT Page~ of~ ROAD RIGHT-OF-WAy, DRAINAGE AND UT1UTY EASEMENT ,O'Og FOLIO NO. ~I~ ~o.~ ..._ \ u~5__. Page i~.....C..~ of t~'._._~ MONTES ~0 Ercore Wey · Napes, Flor;~a 34110 · Pho~: 239~ 2~0 · Fax: 23~ 214.2~99 PERPETU~uL, NON-EXCLUSIVE HM PROJECT #200006? 7/16/3 ROAD RtGHT-OF-V~Ay, DRAINAGE RE?. DWG. #]3-3719 ] AND L,rTiLITY EASEMENT PARCEL NO 143-B L]gGAL DESCRLPTION A ?ORTION OF TRACT "B' OF QUAB~ WOODS COURTYARDS ACCORDING TO TH~ PLAT TH'EREOF RECORDED ~ PLAT BOO[< ]? AT PAGES ]8/u~TD 29 OF TI~ZE PUBLIC RECORI)S OF COLLLER COUNTY, F1,ORJD& BEING MORE PA-RTICULARLY DESCRIBED AS FOLLOWS: _BEGIN AT ?HE NORTF[EAST CO~R OF TF~ACT "B" OF QUA]Z. WOODS COb~TYAJ~D$ ACCORDING TO ~ ~LAT ?~OF ~CO~D ~ PLAT BOO~ 27 A? PAG[S 2~ ~ 29 OF T~ ~LIC ~CO~S OF COLLIE2 COUNTY, ~O~IDA; T~NCE ~L~ S.01 ~57': I '~., ~ONG T~ EAST~y BO~DARY OF SAID ?RA~ "B", BOR A DISTANC~ OF ~.~3 ~T; TENCE RUN N.~0:~,5~,,W. BOR A DISTANCE OF 26.18 FEET; ~NCE RUN S.~15' I ]"~. ~O~ a DIST~CB O~ 1 ] &~7 ~?; ?~'C~ RUN N.~:~,53,,W. FOR A N.00*44'49"W. FOR A DIST.~C~ OB ]0.00 ~T TO A POI~ ON T~ NORWay BOb~y OF SA~ ~A~ "B"; T~NCE Rt~ N.89~]5,1F'E., ~ONG T~E NOrThly BOb~y OF S~D TRACT "B", FOR A THIS PROPERTY IS S~ TO EASE~iENTS, ~SERVA'rlONS OR'~STR1CIONS OF RECORD. BEARINGS ~R TO T~ NORThly BOUND,~Ry OF TRACT "B" OF QU~ WOODS COURTY~s ACCO~ING TO ~ PLAT~OF ~CORDED LN PLAT BOOK 27 AT PAGES 28 .~ 29 OF T~ PUBLIC ~CO~S OF COLL~ COUNTY, ~ORIDA, AS BEING N.89~15,i i'Z. HO~ MONTES, INC. CERT~CATION OF AUTHO~ZATION LB 8i 772 THOMAS M. ~9~'- STATE OF b~ORIDA FOLIO NO. Naples · FoA Mye $. vemce · [ngiewood AO JAN 2 7 EXHIBIT ~ Page i-,,c~ of ~" PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WA.Y, DRAINAGE AND LmUTY EASEMENT Z ,O'O~ ,0'00[ FOLIO NO.~~. JAN 2 ? 2OO~ HOLE MONTES §5~ Encore W3y · hap~es. Flcdda 2.4110 Phcne: 239.2542000 · Fax: 239 2542099 LEGAL DESCRIPTION TEMPORARY DRIVE--WAY RESTOR.~T1ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) HM PROJECT #2000067 7/17/3 REF. DWG. #B-3803 PARCEL NO. 744 A PORTION OF TRACT "R" (ASTON DRIVE) OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT "A" OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COU~'TY, FLORIDA, THE SAME BEING A PO1NT ON TIIE BOUNDARY OF TRACT "R' (ASTON DRIVE) OF SAID PLAT OF PELICAN MARSH UNIT NINETEEN; THENCE RUN N01 ~57'1 i"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT "R", FOR A DISTANCE OF 50.00 FEET TO A POINT ON TIlE SOUTHERLY BOLrNDARY OF THE RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1710 AT PAGES 379 THROUGH 382 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°15'I i"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY EASEMENT FOR A DtSTANCE OF 70.02 FEET TO A POINT ON THE EASTERLY BOUNDARy OF SAID TRACT "R"; THENCE RUN S.01°57'11"E., ALONG THE EASTERLY BOUNDARY OF SAID TRACT "R", FOR A DISTANCE OF 48.53 FEET; THENCE RUN S-88°02'49"W. FOR A DISTANCE OF 70.00 t~EET TO THE POINT OF BEGIND,/INfi; CONTAINING 3448.4 SQU.,MRE FEET, MOILE OR LESS. THIS PROPERTY IS SUBJECT TO EASEh/FENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REt~R TO THE WESTERLy BOUNq)ARY OF TRACT '~." (ASTON DRIVE) OF PELICAN MARSH UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34 AT PAGES 49 AND 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, ,q. ORIDA, AS BEING N.01057' 1 i"W. HOLE MONTES, LNC. CERTIFICATION OF AUTHORIZATION LB #1772 BY _ P.S.M. ~.5628 STATE OF FLORIDA FOLIO AGE~I[3.A ITEM No.,, [( ) JAN 2 7'"2004 'I'EMPOi~kRY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COIvlMENCEMENT OF CONSTRUCT~C)N) EXHIBIT Page !x?=_ ~_o ~Z _ 0 ,O0'OG M ,,LL,Lg.I,O N ] ,.LL,Lg. LOS HOLE MONTES .~50 Er~c~'e ~'Vey · Naples Fior da SZllC . Phone: 239254.2000 - Fax: 239254.2099 JIM PROJE~ ~2000067 PERP~AL NO~CLUSI~ ?/J 7/3 ROAD RIGHT~-~Y, ~I~GE REF. DWG. ~B-3721- ~D UT[U~ ~SEME~ PARCEL NO. 145 LEG~ DESCR~TION A P~CEL OF L.~ND LOCATED IN SECTION 25, TOWN~ 48 SO.H.R.~GE 25 EAST, COLLIER COUNTY, ~OR~A, BELNG MO~ P.~TICU~Ly DESC~ED .~S FOLLOWS: COM~NCE AT T~ NORT~AST CORNER OF SECTI~ 25, TOWNSH~ 48 SOUTH, R~GE 25 EAST, COLLAR COUNTY, ~O~DA; THENCE RL~ S.~06'58,E., ALONG T~ EAST LINE OF T~ NORT}~AST QU~T~ OF S~ SECTION 25, FOR A DIST~CE OF 150.~ ~ TO A POIN~ ON T~ SOUTH L~E OF A ~GHT-OF-WAY EASEMENT ~CO~ED IN O.R. BOOK 1~10 AT PAGE 379 OF T~ PUBLIC RECORDS OF COLLAR CO~TY, ~ORIDA; T~NCE RUN S.89°15' 11'~,, ~ONG T~ SO~H L~ OF S~D RIGHT-OF- WAY EASE~, FOR A DIST~CE OF 275.08 ~ET TO A PO~W ON T~ EAST LI~ OF A 125.00 FOOT ~OR~A PO~R.~ LIG~ CO~qy EASE~N~, F~CORDED IN O R BOOK 43~ ~T P~GE 7'0 OF ~E PUBLIC ~CO~S OFCOLL~R COUNTY, ~OR~A, _~ T~ PO~ OF BEG~ OF THE P~CEL OF L~ ~IN DESCRIBED; T}~NCE CO~ S.89~1~ '11'~., .~ONG T~ SOUTH LI~ OF SAID RIGHT- OF-WAY EASE~, FOR A DI~.~NCE OF 980.54 ~ET rO A PO~ ON TE~ EASily BOU~D~y OF PEL1C~ M~SH ~T NINETEEN ACCO~G TO T~ PLAT T~OF ~CO~ED 1N PLAT ~OOK 34 AT PAGES 49 ~ 50 OF T~ P~LIC ~CORDS OF CO~ COU~Y, ~ORIDA; T~N~ RUN S.01 °57'1 i'E.. ~ONG T~ HASTE~Y BOUND~Y OF S~ PELICAN M~SH ~T NI~N, FOR A DIST,~CE OF 28.06 ~; ~NCE R~ N.39oI5'Ol,,E. FOR A DISTAN~ OF 26.18 ~ET; T}~NCE R~ N.89~15'11"E. FOR A DISTANCE OF 697.31 ~ET; T~NCE RUN S.00°44'49"E. ~R A DIST~CE OF 19.00 ~ET; ~NCE RL~ N.89~ 15'1 I"E. FOR A DIST.~NCE OF 266.46 ~ET TO A PO~ 275.~ ~ET ~E~Y OF, AS ~ASL~D AT RIG~ &NGLHS TO, T~ EAST LI~ OF T~ NORT~A~ QUOTER OF S~ SECTION 25, T~ S~ME BErG A POINT ON T~ EAST L~ OF A FLORA PO~R ~ LIGHT CO~,~Ny EASE~NT, ~CORDED ~ O.R. BOOK 432 AT PAGE 720 OF T~ PUBLIC ~CO~S OF COLLAR COUNTY, ~ORIDA; T~NCE RUN N.02°06'58"W., P.~LEL W~H T~ EAST LINE OF T~ NORT~AST QUeeR OF S.MD SECTION 25 .~ ~ONG T~ EAST LiN~ OF S~D ~OR~A PO~R .~D LIGHT CO~y EASEN~NT, FOR A DISTANCE OF 27.01 ~ET TO ~ p~ OF BEG~LN~: CON~N~G 13,075.8 SQU~ ~ET, MO~ OR LESS. THIS PROP~TY IS SUBJE~ TO EASEMENTS, ~SERVArlONS OR ~ST~CTIONS OF RECORD. B~INGS ~ TO T~ EAST L~ OF T~ NORT~.~T QU.~R OF SECTION 25. TO~S~SHH~ 48 SO.H, R~GE 25, COLLIER COL~TY, FLO~DA, AS BErG S.02~06'58"E. HOLE MONTES, ~. CERTIFICATION OF AUTItOR~ATION LB ~1772 THOMAS M. ~ STATE O~ ~ORIDA JAN 2 7 2006 Page~~ oo z~z PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-V~Y, DRAINAGE AND UTILITY EASEMENT "2" 01 .--,7 OR 160, PG 270 ~ OR 452, PG 720 t25' FPL EASEMENT' '~J OR 432, PG 720 "*'~'1 .O'Og ,0'00{. /-~ :~ I ~o'o~ I ,o'ooL ;3 J,.gg,gO.~O S J ,~O'Og t FOLIO AGE.ND.A I~..~ No. I~ ,) JAN 2 7 200,~ EXHIBIT,. Page !-7..%-' of~ HOLE VIONTES 95e ~n~F~ wa) · N~ples, ~!c~id3 3411 ] · Phone 239 2~.20~ · Fax: 239 254.2~ FEE SIMPLE HM pI~OmCT #200o06? INTEREST v/l ~.,3 REF. DWG ~B-3722 1 ?~CEL NO 146 ~G~ DESCR~TION A P~CEL OF LAND LOCATED IN T~ NORTHWEST OUARTER OF SE~'ION 30, TOWNSH1P 48 SOUTH, RANGE 26 EAST, COLLAR COUNTY, }~O~DA, BEINC-MO~ P.~TIC~Ly DESCRIED AS FOLLOWS: COMMENCE AT T~ NORTH~ST CORNER OF SECT~N 30, TOWNSH~ 48 SOUTH, R~GE 26 EAST, COLLAR COUNTY, ~OR~A; T~NCE R~ S.02°06'5[ "E., ~ONG T~ ~T LI~ OF T~ NORTHWEST QUeeR OF S~D SECTION 30, FOR A DIST~CE OF 150.t0 ~ET TO A POINT 150.00 ~ET SOUTHERLY OF, AS ~AS~D AT RIGHT ~GLES TO, T~ NORTi~ LI~ OF Tt~ NORT~'EST QUOTER OF SAID SE~ION 30, T~ S~E BE1NG A PO~T ON T~ SOU~RLY RIGHT-OF-WAy L~ OF IMMOKALEE ROAD ~ T~ POI~ OF BEG~NIN~ OF T~ P~CEL OF L~D ~ DESCRIBED; T~NCE RUN S.89~58'36"E., PARALLEL W~H T~ NORTH LI~ OF ~ NORTHWEST QUOTER OF SAID SECTION 30 ~D ALONG T~ SOUTHERLY RIGHT-OF-WAY LI~ OF IMMOKALEE ROAD, FOR A DISTANCE OF 330~ ~ET TO A POI~ ON T}~ EAST L~ OF T~ ~ST ~F OF T~ WEST H~ OF T~ NORTHWEST QUOTER OF T~ NORTH~ST QUOTER OF SAID SE CTION 30: TI~NCE RUN S.02°~'46"E., ALONG THE EAST LIN~ OF T~ WEST H~F OF THE ~ST H~F OF TI~ NORTttW~T QUARTER OF T~ NORTI IWEST QUOTER OF SAID SECTION 30, FOR A DIST~CE OF; 8.01 ~ET; T~NCE R~ N.89=58'36"W. FOR A DISTANCE OF 330.00 ~ET' TO A PO~W ON T~ WEST LIN~ OF T~ NORT~ST QUOTER OF SAID SECTION 30; 7I~NCE RUN N.O2°06'58,,W., ~ONG T~ WEST L1NE OF THE NORTH~ST QUOTER OF S~ SEC/1ON 30, FOR A D1ST~NCE OF 18.01 ~ET TO THE POINT OF BEGINNING- CONTAINING 5939.9 SQU~ ~ET, MORE OR LESS. " ' THIS PROPERTY IS SUBJECT TO EASE5~NTS, RESERVATIONS OR ~STRICTIONS OF ~CORD. BE~INGS REi:ER 1'O Tt~ WEST LhN~ OF Th~ NORT!tWEST QUOTER OF SECTION 30, TOWNSltH' 48 SOUTH, RANGE 26 EAST, COLLAR COU~Y, ~ORIBA, AS BEING S.02'06'58"E. HO~ MONTES, ~C. ~RT~ICATION OF AUTHORIZATION LB ~1772 _ P.SM..~. 6_8 THOIvlAS M. 1NRJ .RW'FIy SIATE OF FLORIDA 'FOLIO JAN FEE SIMPLE INTEREST EXHI,BIT ,._~._~ Page~of~ .OVOg[ 3 .~g,90.EO S 150.0' 8 ~ m Fq FOLIO NO..~; Fi'-~(r~ CO~ JAN 2 Pg- HOLE MONTES ~N,S~N~RS. :LANRERS SUH'VEY0~$ LEGAL DESCRIPTION 950 Encore A'a,v ·Napies, Flor;aa 34 10 · Phone 239.254~000 · Fax: 239 2542,975 TEMPORaRy DRIVEWAY RES"lOP, AT'ON EASEMENT (D~RAT1ON: 3 YEARS FROM COMMENCEMENF' OF CONSTRUCTION) HM PROJECT #2000067 12/04/03 REF. DWG. #B-3726-2 PARCEL NO. 746 A PARCEL OF LANq) LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEIIIG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORThB, VEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUN'I'Y, FLORIDA; THE2gCE RUN S.89°58 36"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAiD SECTION 30, FOR A DISTANCE C F 330.01 FEET TO TI-[E NORTHEAST CORNER OF THE WEST HALF OF THE '¢FEST HALF OF THE NORTHW£ ST QUARTER OF THE NORTHhk'EST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06'46'tL, ALONG T]-~ EAST LINE OF THE WEST HALF OF THE WEST HALF OF TH~ NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A D1STANCE OF 168.12 FEET TO THE pOINT OF BEGINrN'ING OF TI3E PARCEL OF LAND HEREIN DESCRIBED; THENCE CONT[NLrE S.02006'46"E., ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTI-BA~EST QUALTER OF SAID SECTION 30, FOR A D1STANCE OF 14.51 FEET; THENCE RUN N.89D58'36"W. FOR A DISTANCE OF 57.17 FEET; THENCE RUN N.00°Ol'24"E. FOR A DISTANCE OF 9.50 FEET; THENCE RUN N.89°58'36"V~., FOR A DISTANCE OF 273.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OE SAID SECTION 30; THENCE RUiN N.O2°06'58'~V., ALONG THE WEST LI2~'E OF THE NORTI-BVEST QUAt:TER OF SAID SECTION 30 FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°58'36"E., FOR A DISTANCE OF 330.00 FEET TO THE POIN-F OF BEGINNING; CONTAINING 2,191.4 SQUARE FEET, MORE OR LESS THIS PROPERTY IS SUBJECT TO EASEMENTS, RESEI2VATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NO~.TI-Bkq~ST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BELNG S.89°58'36'E HOLE MO.¥rES, INC. CERTll~ICATION OF AUTHORIZATION LB # 1772 BY / P.S..~t ~562~ ,.~ .~ I-lO~53SM. IVI'LiF[D~I'iY~/ STATE OF FLORIDA FOLIO NO. JAN 2 7 2004 RESTORATION EASEI~NT (DURATIO~',I: 3 YEARS coMMENCEMENT OF cONSTRUCTIOI'-'-) EXHIBIT ,A Page. f'~ o,c' ~ rn3> O(-3 ~o 0~' z~ 'TH ~ z (3O I; 1 L2 3 "g 8 O · I .g¥,go,~O S FOLIO NO.~0~/ 7 Page !~ of !,4~" HOLE MONTES ENGINEERS PLANNE~ SURV~O~S 950 Encore Way · Napms, Fmonda ,54110 - Phone 239254 2000 · Fax: 239.254.2099 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-Ih,~y, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIFFION A PARCEL OF LAN~D LOCATED LN THE NORTHWEST QUARTER OF SECT1ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COU~YTY. ~LORIDA, BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT Tt-IE NORTHWEST COR.Nm,~R OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA; TI-IENCE RUN S.89°58'36"E., ALONG THE NORTH LINE OF TI-[E NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 330.01 FEET TO THE NORTH~q~ST CORNER oF THE EAST HALF OF ~]lE WEST H.~LF OF TF~ NORTH~,~EST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE Rb~q S.02°06'46-E., ALONG T}IE WEST LINE OF THE EAST HALF OF TH2E VsrEST HALF OF TFfE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF S.~ID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT ON T}IE SOUTH LINT OF A RIGHT-OF-WAY EASEMEN~F RECORDED 1N O.R. BOOK 1693 AT PAGES 549 TH2ROUGH 551 OF THE PUBLIC RECORDS OF COLLIER COUN~Ty, FLORIDA. A~ THE _POINT OF BEGINNING OF THE PARCEL OF LPd~rD HEREIN DESCRIBED; THENCE CONTINUE S-02°06'46"E., ALONG THE WEST LINE OF THE EAST HALF OF DIE WEST HALF OF THE NORTI-I~ST QUARTER OF THE NORTI-I~rEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 18.01 FEET; THENCE RUN N.45°01 '24"E. FOR A DISTANCE OF 11.31 FEET; THENCE RU,nXl S.89°58'36"E. FOR A DISTANCE OF 321.70 FEET TO A POINVF ON THE EAST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTH~q~ST QUARTER OF SAID SECTION 30; THENCE RUN N.02°06'34"W., ALONG THE EAST LINE OF TH~ EAST HALF OF THE ~]~ST HALF OF TIlE NORTH~VEST QUARTER OF TItlE NORTICvVEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF I0.01 FEET TO A POINT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY EASEMENT, RECOP,~DED IN O.R. BOOK 1693 AT PAGES 549 TI[ROUGH 551; THENCE RUN N,$9°55'36"W,, .aLONG THE SOUTH LIN]~ OF SALE) RIGHT-OF-WAY EASENrd~N'¥ FOR A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 3.333.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SU~BJECT TO EASEtviE~I'S, RESERVATIONS OR RESTRICTIONS OF .RECORD. BF-.ARINGS REFER TO THE NORTH LINE OF THE NORTIq~rEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, P~a~NGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEiNG S.89°58'36"E. HOLE MONrTES, INC. CERTIFICA, TIDN OF AU FHORiZATION LB # 1772 HM PROIECT #20(k3067 7/! 6/3 REF. DWG. #B-3723~1 PARCEL NO. 147 BY¸ ~. HOHAS .,n{-. :~U~9-~ __ P.&M. #5628 STA'£E OF FLORFDA No.,_ ~ JAN 2 7 200 EXHIBIT.._~_ Page F-k--', of '_V.~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-V~,y, DRAINAGE ANO UTIUTY EASEMENT U') -2% r.r.i ' ---,I ~0 --t i0 ::]>. C) C) 0 Z zz 20.0' FOLIO NO. ~:~c, ~q; ,*o0o~ ,Ol,'OCjI. 3 .9't,,90.~0 S 100.0' AGENDA ITEM No. ~L~-"~ _ JAN 2 7 of,,.. HOLE MONTES 950 5notre Way · Naples. Florida L~113 · Pho~: 2392~.~ · Fax 239 2~ 2099 t~FIvI PROJECT ~2000067 PERPETIJAL, NON--EXCL~ 7/] 6/3 ROAD RIGHT..OF4NAy, DRAINAGE REF. DWG #B-3724-1 AND UTILITY' EASEMENT PARCEL NO 148 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTI-FWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTft, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TH~ NORTH~dEST CORNER OF SECTION 30, TOWNSH~ 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR1DA; THENCE RUN S.89°58'36"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DIST.~NCE OF 660.01 FEET TO THE NORTHWEST CORNrER OF THE WEST HALF OF TIlE EAST HALF OF Tile NORTHWEST QUARTER OF THE NORTH~'EST SECTION 30; THENCE QUARTER OF SAID OF THE RUN S.02°06'34"E,, ALONG THE WEST LINE OF THE WEST HALF OF THE EAST HALF NORTI-FWEST QUARTER OF THE NORTHWEST QUARTER OF SAiD SECTION 30, FOR A D/STANCE OF 150,10 FEET TO A POINT 150.00 FEET SOUTHERLy OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, THE SAME BEING A POIN~I' ON THE SOUTHERLY BOUND,~Ry OF A RIGHT-OF-WAY EASE3/IENT RECORDED IN O.R. BOOK 1719 AT PAGES I396 THROUGH 139fi OF THE PUBLIC RECORDS OF COLLIER COUNrTy, FLORIDA, .~uXFD THE POIN-r OF BEGIN~NTNG OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE RUN S.89°58'36-~.~ ALON~ THE SOUTHERLy BOL,n~'DARy OF SAiD RIGHT-OF-WAY EASEMENrT, FOR A DISTANCE OF 325.43 FEET: TItENCE RUN S,O0°01 '27'W., FOR A DISTANCE O~ 10.00 FEET; THENCE RUN N.89*58'36"W. FOR A DISTA~NCE OF 325.05 FEET TO A I'OINT ON THE WEST LLNE OF THE ~rEST HALF OF THE EAST HP&.F OF TIle NORTItWEST QUARTER OF THE NORTH~EST QUARTER OF SAID SECTION 30; THENCE RUiN N.02~06~34"W., ALONG THE WEST LINE OF THE WEST H.~L.F OF THE EAST I-L~LF OF THE NORTttWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DIST.~NCE OF 10.01 FEET TO THtE POINT OF BEGINNING; CONTAINLNG 32524 SQUARE FEET, MORE OR LESS. ~ THIS PROPERT5 IS SUBJECT TO EASEMENTS. RESERVATIONS OR RES?RICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF TIlE NORTI-TWEST QUARTER OF SECTION 30, TOWNS}tIp 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, AS BEING S.89°58'36,'E. HOLE MONTES, INC. CERTIFICATION OF AUTiiORIZATION LB #17']2 THO~iAS M. M'LiRI~Y STATE OF FLOR/DA FOLIO NO.(: JAN 2-7 200 EXHIBIT Page ~ ~.... of PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-VVAy, DRAINAGE AND UTILITY EASEMENT m 10.0' Z FOLIO NO. ~ ~ .~£,90.~O $ 10o,o' I 0 I ION , ~' , / JAN 2-7 200~ Page HOLE MONTES ENGINEERS. PL~ERS - SVRVEYO~ 950 Enco,"e Way · Naples. FIo6da 34110 · Phone: 239.2542.300. Fax 239.254.20.~ ~ PROYECT ~2000067 FEE SIMPLE 7;t 6/3 PdE~. DWG. #B-3727-2 I,Nq-EREST PARCEL NO. 149 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TH~ NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P.ARTICL~.M~Ly DESCRIBED AS FOLLOWS: COM/vI~NCE AT THE NORTH~VEST COR. NER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLZE'R COUNTY, FLORIDA; THENCE RUN S.89°58'36-E., ALONG THE NORTH LINE OF THE NORTItVv'EST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF !320.03 FEET TO TH~ NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; T}tF-.NCE RUN S.02°06' 10-E., ALONG THE W'EST LINE OF TI-IE WEST HALF OF THE NORTI~EAST QUARTER OF TI-IE NORTHWEST QUARTER OF S.,MD SECTI'ON 30, FOR A DISTANCE OF 150.10 FEET TO A PO1NT ON ~ SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.87°51 '03"E., ALONG THE SOUTI-IEJ~,y RIGHT-OF-WAy LiN'rE OF 12MMOKAL,EE ROAD FOR A DISTANCE OF 165.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF L.,MNrD H~LEIN DESCRIBED; THENCE CONTINUE N:87°51 '03"E., AJ~NG THE SOUTHERLY RIGHT-OF-WAY LENE OF IMMoKALEE ROAD, FOR A DISTANCE OF 493.99 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46'E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 55.04 FEET TO A POINT 180.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.89°58'36'WV. FOR A DISTANCE OF 88.79 FEET; THENCE RUN N.44°58'36"W. FOR A DISTANCE OF 35.38 FEET; THENCE RLrN N.SDD58'36"W. FOR A DISTANCE OF 272.89 FEET; THENCE RUN N.00°01 '24"E. FOR A DISTANCE OF 6.26 FEET; TH~ENCE RUN N. 89°58'36"W. FOR A DISTANCE OF 108.98 FEET; Ti-IENCE RUN N.00°01 '24'E., FOR A DISTANCE OF 5.00 FEET TO THE .POiNT OF BEGiNrN'ING; CONTAINING 12,037.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASF-MENTS,'RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, R..'~NGE 26 EAST, COLLIER COUNTY, FLOR/DA. AS BEING S.89°58'36"E. HOLE MONTES, INC. CERTIFICATION OF,,~'G~I'i~ORIZATiON LB #1772 BY¸ _ P.S.NL .a. 5628 STATE OF FLOR/DA FOLIO Myers · Ven ce · Eng!ewoo~ JAN 2 7 200z FEE $1MF~E IN'T'EREST FOLIO NO~q JAN '2 ? 20Ozt EXHIBIT HOLE MONTES ~ Encee way. Naples, F~or;da ~4110 · Phone: 239.2~.20~ · F~: 239 2~ 2099 FIM PRO/ECT #2000067 PERPETUAL. NON-EXCLUSIVE 7/17/3 ,ROAD RIGHT4DF-V~Y, DRAINAGE R.EF. DWG. #B-3728-2 ,AND UTILITY EASEMENT PARCEL NO. t50 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTB'WEST QUARTER OF SECTION 30, TOWNSHIJ, 48 SOUTH, RANGE 26 EAST, COLLIER COUNTy, FLORIDA, BEING MORE PARTICULARLY DESCR/BED AS FOLLOWS: COM~IENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTy, FLORIDA; THENCE RUN N.89o58,36,,W., .ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF THE EAST .HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02o05'46,,E., ALONG THE WEST LINE OF EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTA,NCE OF 150.10 ]-~fiTET TO A POINT ON THE SOUTHERLy BOLrNDARy OF TItAT RIGHT-OF-WAY EASEM]SN"r RECORDED IN O.R. BOOK 1689 AT PAGE 1459 OF TI-~ PUBLIC RECORDS OF COLLIER COUNTy, FLORIDA, .AND THE PO.1NT OF BEGIN~N~INQ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S-89°58'36"E-, ALONG THE SOUTHERLY BOUNDARy OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 43.27 FEET; T}IENCE RLLN S.45°01 '24"W. FOR A DISTANCE OF 42.43 FEET; THENCE RUSN N-$9°58'36"W. FOR A DISTA24CE OF 12. i 6 FEET TO A POINT ON TH]g WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF TH~ NORTHWEST QUARTER OF SAID SEctION 30; THENCE RUN N.02c05'46"W., ALONG TH~ WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF TH]5 NORT1-FWEST QUARTER OF SA/D SECTION 30, FOR A DIST.ANCE OF 30.02 FEET TO THE POINT OF BEGINN~ING; CONTAINING 831.3 SQUAILE FEET, MOPE OR lESS. - -- THIS PROPERTY IS SUBJECT TO EASEMEN~FS, RESERVATIONS OR R,ESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHlY]EST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COL]qTY, FLORIDA. AS BEING N.89o58'36',W. HOLE MON~I'ES, INC. CERTIFICATION O?.. AUTHORIZATION LB # 1772 THOMAS ~{. kI~ ........ #5628 STATE OF FLORIDA FOLIO Naples · For~ Myers · Venice, E~lewood No.~~ JAN 1),. -~o ,'Z PE~PETUAL, NON-EXCLUSWE ROAD RIGHT-OF-WAY, DRAINAGE ,AND UTILIZe EASEMENT EXHIBIT~ F~3e.,lq/~ of ,~__. " -" '~- ~,,.~ 2.~ .,,-:,,, ~ '.,~,':-~-I~ ~ ~,:: ~::,1 .~27:/"., '::"~;;"::::'II I :, ::/-,4.: ' I FOLIO NO.. I 1,2":; ,6 "21 AGEJ~A LI.EM JAN 2 7 200q HOLE MONTES ENSiNE[~ ~,*&'NE~S SURL~'YOKS 950 Enco{e VV~y · Nap es Flor:e~, 34110 · Phone 239~54.20,g0 - Fax: 23~.2~.2075 HM PROJEC'F ~2~0067 0~8~ ~~ REF. DWG. NB 4474 COMME~EMfiNT ~ C~~) P~CEL NO. 751 LEG~ DESC~PTION A PORTION OF TRACT "A" OF SOUTHAN~TON UNIT ONE ACCORDING TO 'FI~ PLAT T~OF ~CORDED IN PLAT BOOK 19 AT PAGES 92 T~OUGH 103 OF T~E P~L1C ~CORDS OF COLLIER COUNTY, ~OR1DA, BEING MO~ P~TIC~.~y DESCRIBED AS FOLLOWS: ~EG~ AT T~ MOST NORT~ASTE~Y CO~R ~ TRACT "A" OF SOUTH.~ON UNIT ON~ ACCO~ING TO T~ PLAT T~OF ~CORDED I~ PLAT BOOK 19 AT PAGES 92 T~OUGH 103 OF T~ P~LIC ~CO~S OF COLLAR COU~Y, ~O~A: T~NCE R~ S.17°59'05-W., ~ONG T~ EAST BOUN~y ~ OF S~D ~ACT "A" OF SOUTH~ON UNIT ONE, FOR A DIST~CE OF 5.28 ~ET; T~NCE RUN S.89*14'16"W., FOR A DIST~CE OF 305.57 ~T TO A POINT ON T~ ~ST BO~ARY OF SA~ ~ACT "A" OF SOUTH~TON L~T O~; T~NCE R~ N.01 ~20'03W., ~ONG T~ Xk~ST BO~y OF S~ ~ "A" OF SOUTH~,~TON ~IT O~ FOR A D1ST~CE OF 5.00 ~ET TO A POI~ ON Tk~ SOUT~y RIGHT-OF-WAY L~ ('F IMMOK~EE RO~; T~NCE RUN N.89:14· 16"E., ~ONG T~ SOUT~Y RIG~-OF-WAY OF IMMC K~EE ROAD FOR A DIST~CE OF 307.32 ~ET TO T~ POI~ OF BEGI~ING; CONTA~kNG 1,532.2 S~ ~ET, MO~ OR LESS. THIS PROPERTY IS SUB~T TO EASE~NTS, ~SERVAT1ONS OR ~STRICT1ONS OF ~CORD. BE~*GS ~R TO T~ NORThlY BOUND~T OF TRA~ "A" OF SOU~ON UNIT ONE ACCO~G TO T~ PLAT T~OF RECORDED IN PLAT BOOK 19 AT PAGES 92 T~OUGH 103 OF THE PUBLIC ~CO~S OF COLLAR CO~TY, ~ORIDA, AS BErG N.89"14' 16"E. HOLE MONKS, INC. CERT~CATION OF AUtOmATION LB ~1772 AG E_I~JD.A ~ JAN 2 1 200 TEMPORAA'Y CONSTRUCTION {DURATION: 3 YEAR8 FROM COMMENCEMENT OF EXHIBIT_/~ Page~ of !~-!~./__._.~ 60' R-O-W / r,3 ~o > z ~ m I O O ~ EXECUTIVE SUMMARY ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR SHELTON JAGUAR/LAND ROVER DEALERSHIP REPLACEMENT FACILITY (CONTINUED FROM JANUARY 13, 2004) OB,/ECTIVE: For the Board of County Commissioners to approve an alternative road impact fee calculation for a replacement facility to be built at the existing location of the Shelton Jaguar/Land Rover dealership at 850 Tamiami Trail North. This item was continued from the January 13, 2004 Board of County Commissioners regular meeting (Item 10C) pending additional analysis. CONSIDERATION: The petitioner originally met with County staff to discuss methodology in July 2003 and subsequently paid a $2,500 review fee as required by Section 74-204 of Collier County Ordinance No. 2001-13, as amended, the Consolidated Impact Fee Ordinance (the CIFO). Staff has thoroughly reviewed the consultant's methodology and verified all calculations. The data collection and analysis meets or exceeds all requirements of the CIFO. The consultant submitted a comprehensive report on November 3, 2003, relevant excerpts of which are attached hereto. The petitioner's consultant, Nunner Group, L.L.C., conducted an alternative road impact fee calculation study collecting trip generation characteristic data from three similar sites in Lee, Broward and Hillsborough Counties. The analysis indicates a trip generation rate of 16.4 vehicle trips per 1,000 square feet per day, an average trip length of 4.8 miles, and 87.4% of those being new trips on the road network. In comparison, the current rate assessed by the county for an automobile dealership is based on 37.5 trips per bay per day, an average trip length of 4.7 miles, and 79% of those being new trips on the road network. The consultant's trip generation rate resulted from machine counts taken at the three sites, and the average trip length and percentage of new trips are the results of origin/destination (O/D) surveys of motorists at those locations. The consultant calculated a rate of $6,708 per 1,000 square feet, which represents an adjustment of $11,927 from the adopted rate of $18,635 per 1,000 square feet. For 26,100 square feet, the resulting road impact fee would be $175,078.80, as opposed to $486,373.50 at the adopted rate. The fee based on the above study represents a better estimate of this particular automobile dealership's impact on the County's road network than does the fee based on the parameters set forth in the current road impact fee schedule. The adopted rate for an automobile dealership is based in part on a trip generation rate of 37.5 vehicle trips per 1,000 square feet per day, which is derived from seven site surveys conducted by the Institute of Transportation Engineers (ITE) from the late 1960s to the 1990s. Those surveys were conducted at various locations around the continental United States. Those seven studies identified daily trip rates ranging from 15.64 to 79.66, of which 37.5 is the average. The daily trip generation rate of 16.4 falls within that range. AGENDA 13'EM~ No._ JAN 2 7 2006 Pg. / Alternative Fee Road Impact Fee Calculation for Automobile Dealership - Page 2 The consultant's conclusions are reasonable considering the nature of the market for high-end automobiles. The product line of this establishment is marketed to a relatively small segment of the population. The Shelton Jaguar/Land Rover dealership does not attract the number of vehicle trips that an average dealership would attract, thus, it is reasonable to expect a less-than-average impact on the county's transportation network. Board approval of this alternative road impact fee calculation would not change the current adopted rate for automobile dealerships. The current rate would continue to apply to future developments. At the January 13, 2004 BCC meeting, commissioners contended that the high concentration of affluent residents in Collier County might contribute to higher retail sales volumes of luxury cars as compared to the other locations studied by the consultant (in Broward, Hillsborough and Lee Counties). The Board directed staff to conduct additional analysis in order to verify or disprove that supposition. A review of Census 2000 data verifies that Collier County has a very high conccntration of affluent households (for the purpose of this analysis, defined as households with annual incomes of $200,000 or more): 5,994 households out of a total of 103,126, or 5.8 percent. That percentage is more than double the statewide figure of 2.3 percent. However, a comparison of the total numbers of affluent households in each subject county to the amount of retail space in each subject dealership leads to a far different conclusion. Of the three sites studied by the consultant, only the Lee County dealership had fewer affluent households per 1,000 square feet than the Naples facility. Broward County has more that twice the number of such households than Collier (16,644 versus 5,994). For comparison purposes, census data was collected for Palm Beach and Sarasota Counties as well and weighed against the square footage of the Jaguar dealerships located therein. With or without consideration of the Palm Beach and Sarasota County locations, Collier County has far fewer affluent households per 1,000 square feet of dealership space; thus, there are fewer potential customers per 1,000 square feet (see attachment - Comparison of Selected Florida Locations for Potential Luxury Automobile Sales). The ratios of the trip generates for the subject dealerships correlate fairly closely to the numbers of :~f~uent households (i.e., potential customers) in the respective counties as well as with the numbers of vehicles sold by each establishment in 2003 (see table below). Thus, the consultant stands by his conclusions and staff recommends approval of the alternative fee calculation. Dealership Trip % Affluent % **Vehicles % Ends Households Sold Ft. Lauderdale 21.1 32.2% 16.644 45.3% 914 48.6% Tampa 16.4 25.0% 8,875 24.2% 584 31.0% Naples '16.4 25.0% 5,994 16.3% 217 11.6% Ft. Myers 11.7 17.8% 5,207 14.2% 166 8.8% Total 65.6 100.0% 36,720. 100.0% 1,881 100.0% * Result of alternative fee study-- not actual. ** Vehicles sold through December 2003 as reported by respective dealers. AGENDA ITF~II4 JAN 2 7 Alternative Fee Road Impact Fee Calculation for Automobile Dealership - Page 3 FISCAL IMPACT: The road impact fee will be deposited into the District No. 3 Road Impact Fee Trust Account (Fund 334) prior to the issuance of a building permit by the City of Naples. If the Board accepts the alternative fee calculation of $175,078.80 (26.1 ksf x $6,708 = $175,078.80) as indicated in the consultant's report, this would reflect a minus 64.0% adjustment from the adopted rate, a difference of $311,294.70 ($486,373.50 - $175,078.80 = $311,294.70). This adjustment will reduce the availability of funding for capital improvements to the county's transportation facilities system by $31 !,294.70, however, staff believes the proposed adjustment reflects a more accurate dollar amount to offset the subject automobile dealership's actual impacts on the county's transportation network. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the petitioner's alternative road impact fee calculation for the Shelton Jaguar/Land Rover Dealership. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: l~hillit~. Tindal~, Principal Planne Transportation Planning Department ~~~ Date://///~P /lQ }''/ Amy N. t~atterson, Impact Fee Coordinator Financial Administration and Housing Department ' , .J Date: I q Donald Scott, AICP, Director Transp~/~at~oiPlannin g~'~/~ ~._~..___Department Date: NT~an E. ~ed~r, AICP, Transportation Adni)/nist, f'at( ,, AGENDA ITEM^ No._ if JAN 2 7 200t Pg. 0 0 0 0 0 0 0 0 0 0 0 0 c~ 0 0 0 AGENDA ITEMr-~ No.~ JAN 2 7 2004 o o ! ! II NUNNER GROUP Engineering Services ! ! Independent Transportation Impact Fee Calculation Study New / Used Auto Sales City of Naples / Collier County, Florida II November 3, 2003 Prepared by: Nunner Group, L.L.C. ;Ak Iqunn~, P.~. v ;lmber 45336 Date 8113 Lowbank Dr. Naples, Florida 34109 239.591.1328 AGEND.~, ITeM No. /0 JAN 2 7 200tt pg. ._q'"'" NUNNER GROUP Engineering Services Independent Transportation Impact Fee Calculation Study New / Used Auto Sales City of Naples / Collier County, Florida Table of Contents I. Introduction II. III. IVe Ve Data Collection Study Results Alternate Impact Fee Calculation Conclusion List of Exhibits AGENDA ITEMzq No.., t0 JAN I. Introduction Nunner Group has conducted an independent transportation impact fee study for new / used auto sales. New / used auto sales facilities sell and service new and used cars. A replacement facility is to be built at the existing location of Shelton Jaguar / Land Rover Dealership at 850 Tamiami Trail N. This study was completed to determine an alternate transportation impact fee representative of the actual impacts of the proposed use. The study methodology was discussed with county staff and conducted pursuant the county staff August 7, 2003 methodology approval letter. The study followed the procedures / guidelines outlined in the "Alternate Study Guidelines - Collier County Transportation Impact Fee." II. Data Collection Three sites were selected as outlined in the Study Guidelines. The following three sites were selected because of their similarities to the proposed replacement facility. Also listed below are the dates the data was obtained. Locations and Survey Date~ Ft. Myers Jaguar / Audi 15875 S. Tamiami Trail Fort Myers, Florida Trip Counts: August 17 - 23, 2003 Survey Dates: August 18 - 20, 2003 Alpine Jaguar 6606 N. Andrews Avenue Fort Lauderdale, Florida Trip Counts: September 17 - 23, 2003 Survey Dates: September 17, 19, 22, 2003 Jaguar of Tampa 320 E. Fletcher Avenue Tampa, Florida Trip Counts: October 7 - 13, 2003 Survey Dates: October 8 - 10, 2003 Each of these stores provides new and used auto sales and service. Each location provided controlled access, which enabled accurate daily traffic counts. The sites all fronted major roadways similar to the proposed replacement facility. A site plan depicting each location and building size is contained in Exhibit F. Photographs of each location is provided in Exhibit G. ! pg. '7 ,,i i i I i I I I Average daily trip ends. Traffic counters were in place at each facility for seven consecutive days to determine the average daily trip ends. A copy of this data is contained in Exhibit A. Manual checks as required in the study guidelines confirmed accurate equipment operation. Trip end generation, assessable trip length, and the percentage of new trips added to the road system by the development were determined by motorist interviews. These interviews were conducted over a three-day period for each site from 9am to 6pm. A copy of the completed data collection forms and original forms for each day and site are contained in Exhibit B. The data was analyzed upon completion of the seven days of counting and three days of motorist surveys at each site. The data was analyzed based on the ITE Journal - April 1991 article by William E. Oliver entitled Measuring Travel Characteristics for Transportation Impact Fees. A tabulation of the analyzed data is included in Exhibit B. III. Study Results The data produced the following study results. These calculations are shown in Exhibits C andD. Trip generation rate: Percent New Trips: Average Trip Length: 16.4 trip ends per 1000 sf 87.4% 4.8 miles IV. Alternate Impact Fee Calculation The data above provides representative values for the variables necessary to compute an alternative lxansportation impact fee. The above data are indicative of those of the proposed replacement facility. All other calculation values are those provided including cost of new road construction, gas tax credit, and interstate mileage credit. The Alternative Transportation Impact Fee is calculation is shown in Exhibit E. Based on the data obtained and fixed data provided the impact fee for this facility should be $6,708 per 1000 sf. AGENDA ITEM.. JAN 2 7 2004 V. Conclusion The trip generation rate determined by this study is significantly less than the average rate determined by the Institute of Transportation Engineers report Trip Generation, 6t~ Edition. A copy of the ITE Land Use 841 is included in Exhibit H. The ITE studies produced a wide margin of rates that make it difficult to access a realistic value on the type of dealership proposed. The ITE rate of 37.5 was based on an average of seven sites surveyed from the late 1960's to the 1990's. These studies produced a range of rates from 15.64 to 79.66. The three surveys completed for this study provide a more representative sample of the proposed facility than the ITE studies. The proposed dealership does not attract the number of trip ends that an average dealership does as surveyed by the ITE based in part by the product line marketed. The product line of this facility is marketed to and attracts fewer customers than a low to mid level product line that is affordable to a much larger market segment. The percentage of new trips generated by this particular use is actually higher than the county estimate and may be attributable based on the reasoning above. The product line attracts a customer that is shopping for a particular product and a dedicated trip is therefore warranted. The higher trip length at the Fort Myers store is due to the fact that several areas served by this store are spread apart i.e. Cape Coral, Sanibel Island and Naples. It should be noted that although there is an existing Naples Jaguar store several customers made the trip from Naples to Ft. Myers for new sales and service because the Naples facility is older and not as inviting as the Fort Myers store. These customers will more than likely use the Naples store when the replacement facility is completed. This will result in shorter Ft. Myers trip lengths and closer to the Tampa and Ft. Lauderdale result. Based on the alternative impact fee calculation sheet provided in Exhibit E the impact fee for proposed Naples Jaguar facility containing 26,100 sf should be $175,079. AGENDA ITEM~ No._ /o~r~ JAN 2 ? 200z Il Il It i II ! Ii II I Jk VI. List of Exhibits Exhibit A B C D E F G H Description Daily Trip End Counts Interview Results and Forms Trip End Calculation Trip Length / % New Trips Calculation Transportation Impact Fee Worksheet Site Plans / Site Data Site Photographs ITE Land Use: 841 JAN I I I I I I I I I I I ! ! I ! ! I ! ! Trip Generation Rate Table Exhibit C Ft. Myers 413 Ft. Lauderdale 805 Tampa 556 35.2 38.2 33.8 11.7 21.1 16.4 AVERAGE- 16.4 TRIP ENDS / 1000 SF AGENDA ITEMo No. /~ ~_ JAN 2 7 200/~ Pg. / i Exhibit D Trip Length % New Trips Calculation Sheet I Location I Item e~.~y Trip Les~j ,Sec Trip Lemjth Dlv Trip Lengttt Capita FL Myers Jaguar Trip Length (miles) 584.6 74.4 86.6 23 Number of observations 104 10 34 I I I ! Average Assessable Trip Length 5.62 miles % New Tdps 86,55% 668.7 95.3 52.2 29 158 18: 18~ Alpine Jaguar Trip Length (miles) Number of observations Tampa Jaguar Average Assessable Trip Lengl~ 4.48 miles % New Trips 87.00% 592.4 7.2 80.8 23 156 2 24 Trip Length (miles) II Number of observations Trip Length 4.18 miles 88.78% Res u Its Assessable Trip Length % New Trips 4.8 miles 87A% JAN'2 7 200~ Exhibit E Collier County Transportation Impact Fee Worksheet Project Shelton Dealerships New / Used Auto Sales Fixed Criteda Lane Capacity Construction Cost Gas tax credit Intersate red. Factor 8685 trips per day $3,380,891 per lane mile $4,943 13% Vadable Cdteda Trip Generation Rate Percent New Trips Average Tdp Length 16.4 trip ends / 1000 sf 87.4 % 4.8 miles Compute Trip Ends Per Day per 1000 sf Tdp genenration rate x size x percent new trips = Tdp ends per day 16.4 1 0.874 14.3336 Trip Ends per day Compute Lane Miles Per Day (Trip ends/Day x Average Tdp Length)/(Lane Capacity x 2) = Lane Miles per day 14.3336 4.8 17370 0.003960926 Lane Miles per day Compute Net Impact Fee per 1000 sf (Lane miles per day x Cost per lane mile x interstate reduction factor) - gas tax credit 0.003961 3380891 0.87 4943 $6,708 .lAN 2 ? 200~ EXECUTIVE SUMMARY TO APPROVE THE PURCHASE OF A 50-ACRE PARCEL OF LAND LOCATED IN THE NORTHEAST QUANDRANT OF THE INTERSECTION OF GOODLETTE- FRANK ROAD AND GOLDEN GATE PARKWAY FOR THE PURPOSE OF PROVIDING FOR DRAINAGE IMPROVEMENTS, TRANSPORTATION IMPROVEMENTS AND ENVIRONMENTAL PROTECTION. (FISCAL 1MPACT: UP TO $20,000,000.) OBJECTIVE: To provide for regional drainage improvements, roadway intersection improvements and for the protection of environmentally sensitive lands through the purchase of vacant property located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway. CONSIDERATION: A description of the property and its potential uses is reprinted below from the executive summary presented to the Board on December 16, 2003. A relatively unique parcel of land is being offered for sale within the County's Urban Area. Situated in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parlavay, all within the boundaries of the City of Naples (see attached map), the property is 49.81 acres in size (according to the records of the Collier County Property Appraiser). rlhe western portion of the properS.' (nearly half of the entire parcel) is zoned "HC" (Highway Commercial) and according to some sources could be approved for the construction of over 300,000 square feet of retail commercial and/or office space. The eastern portion of the property, which borders on the headwaters of the Gordon River, is zoned "R 3-12" (Medium Density Residential), and cotdd be approved for the construction of up to ]2 dwelling units per acre. Title to this vacant parcel of land is held primarily within the estate of Dorette K. Fleischmann. The property also contains approximately 13 acres of wethlnds located along the eastern (Gordon River) boundary, 7.5 acres of which have previously been targeted as a conservation area. It is primarily for this reason that the property (or at least the wetlands portion) has attracted the attention of the Conservation Collier program. Other public uses of the property (aside j)'om natural resource conservation) include stormwater retention and treatment with the Gordon River Basin area, and road right-of-way for the construction of capacity improvements at the intersection of Goodlette-Frank Road and Golden Gate Parkway. One possible scenario involves the construction of westbound-to-northbound turn lanes along the rear of the bowling alley and the bank property. (Removing the right turn lanes from the intersection itself might improve through movements and increase overall capacity.) The turn lanes would require an estimated 1.43 acres, and would sever an additional 1.88 acres from the parent tract (that small triangular portion of the property located north of the Parkway and immediately to the east of the bowling alley, and that portion of the property currently encumbered by the Florida Power and Light Company electrical transmission lines, immediately to the north of the bowling alley and the bank). Another scenario for public use of the property involves the construction of a large holding pond for the slow release of fresh water into Naples Bay. The close proximity of the Gordon River and Naples Bay to the subject neighborhood, which has an elevation which is nearly at sea acquisition of the Fleischmann property for stormwater retention an appealing cr ~sidePd3tEllE)A I'!'~ No. JAN 2 7 200 Page 2 of 3 While the property is currently listed for sale at $20,300,000; the County's purchase offer for the property is $19,125,000 (which is just under the average of the two (2) independent real estate appraisals of the subject property, which were obtained in accordance with the provisions of Section 125.355, F.S.) The appraisal of the property developed by William H. Reeve, III, MAI, SRA, estimates the market value of the property at $19,500,000. The appraisal of the property developed by Dan K. Richardson, PhD, MAI, AICP, estimates the value of the property to be $18,900,000. FISCAL IMPACT: The fiscal impact assumes a purchase price for the property of $19,125,000 acquisition cost for this property, plus title insurance at $45,500, for a total cost of $19,170,500. Of this amount, $2,700,000 is road impact fee eligible leaving a remaining balance of $16,470,500. A Commercial Paper (5 year) loan is recommended as the interim financing mechanism for this purchase. Assuming a 5% interest rate, the annual debt service ranges from $4.4 million to $3.7 million in the final year. Interest is payable monthly on Commercial Paper loans. Annualized interest at 5% amounts to $823,525 annually; assuming interest payments began in January (9 months of County fiscal year 2004) the interest required in FY 04 amounts to approximately $617,644. Funds are available in General Fund reserves for the interest payment in FY 04. Future debt service payments would be budgeted in the General Fund. County staff will be aggressively pursuing cost sharing with the following entities: Conservation Collier, the City of Naples, and the South Florida Water Management District. GROWTH MANAGEMENT IMPACT: County's Capital Improvement Element, Management goals. The purchase of this property is consistent with the Conservation Collier Program and Stormwater RECOMMENDATION: That the Board of County Commissioners: l. Approve the purchase of the subject property at the purchase price of $19,125,000, plus title insurance at a cost of $45,500; 2. Authorize its Chairman to execute an Agreement for Sale and Purchase at said purchase price; 3. Accept the conveyance of the subject property by warranty deed, personal representative's deed, or trustee's deed (as appropriate) and authorize staff to record same in the public records; and 4. Fund the transaction, including the purchase of title insurance, through the approval of whatever budget amendments may be required. ,/ SUBMITTED BY -"~[n-I~nd~,-Right-of-~cquisition,,,~Ke Date: ' ~~~~~~ M ana ge r - Transportation Engineering and Construction Manageme] t De~ JAN 2 7 200 pg. Page 3 of 3 REVIEWED B/~ r~g,~._~i.~kaluse, l~.E~rector Trans~n E~,,ineering and Construction Management Department APPROVED BY: ! ./,,':Tit~[, ~ Date: ]-- Nor~a)~rFeder, AICP, Administrator Transffortation Services Division AGENDA ITEM~ No. /~ I~_ JAN 2 7 2004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between CHARLES FLEI$CHMANN, III, as to an undivided 49.61% interest in the land described in Exhibit "A,' DORETTE L FLEISCHMANN VIETS, as to an undivided 25.195% interest in the land described in Exhibit "A," and DORETTE L. FLEISCHMANN VIETS, MELANIE FLEI$CHMANN GARNETT and CHARLES FLEISCHMANN, V, as Co-Trustees under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, deceased, dated September 10, 1992, as to an undivided 25.195% interest in the land described in Exhibit "A" (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of those certain parcels of real property described in Exhibits "A" (hereinafter collectively referred to as "Properly"), located in Collier County, State of Florida, attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed that the above recitals are true and correct and incorporated herein b~ference, and [urther agreed as f o II o w s: ;..~ ~ AGREEMENT 1.01 In consideration u e and upon the terms and conditions hereinafter set ~urchaser and Purchaser shall purchase from Seller the Exhibits "A" and "B." I1. PAYMENT ;HASE PRICF 2.01 The purchase price (the "Purchase Price") for the Properly' shall be NINETEEN MILLION, ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS -($19,12§,000) (U.S. Currency) payable at time of Closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held within sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title of the Property to Purchaser free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: Agreement For Sa!e And Purchase No. CL)~-' _ JAN 2 ? 200 Pg. p~c= ~,~ ~"~ 3.0111 Warranty Deed or Trustee's Deed (collectively the "Deed"), as appropriate, in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the Commitment (hereinafter defined). 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or Title 3012 At the Closing, the Purchaser, or its assignee, ah&Ii'cause:to be delivered to the Seller the following: 3.0121 A negotiable instrument,.(~ou~ty Warrant) in an amount equal to the Purchase Price. No fun~t~-"~i~ail be disbursed to Seller until the Title Agent verifies that the st~e-0f"the title to the Property has not changed advsrsely since the d'~.t'~--0f'the last endorsement to the Commitment, referenced in Section 4,.0.11 .(below), and the Title Agent is irrevocably committed to issue the OWners title policy to Purchaser in accordance with the Commitment. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, 'shall pay at Closing all documentary stamp taxes due relating to the recording of the Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of a title search ($150.00) and the minimum promulgated rate premium ($44,725.00) for the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. All oosts and fees associated with Purchaser's acquisition and/or development loan, if any, shall be paid by Purchaser. Purchaser shall not be responsible for any title or closing related fee other than those specifically set forth herein. 3.03 Purchaser shall pay for the cost of recording the Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon the prior year's undiscounted tax amount. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case ma~. perform the following within the times stated, which shall I~e con~j~l~/~l~~t to the Closing; ! No. I'['") ~ - '/ JAN '200 Agreement For Sale And Purchase / Page No. 2 ~ 4.011 Within Ten (10) days after the date hereof, Seller shall provide as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970)in the amount of the Purchase Price (the "Commitment") issued by Cheffy, Passidomo, Wilson & Johnson, LLP ("Title Agent") covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have Twenty (20) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing (the "Title Objections"), If Purchaser shall fail to advise the Seller in writing of any such Title Objections in Seller's title within said 20 day period, the title shall be deemed acceptable. 4.012 Upon notification of Purchaser's Title Objections, Seller shall have thirty (30) days to remedy at, its sole expense and using diligent, good faith efforts, any such Title Objections in order to convey good and marketable title. In the event Seller is unable to cure said Title Objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving such Title Objections, or Purchaser may terminate the Agreement. Purchaser's failure to terminate the Agreement as provided herein shall be deemed a waiver by Purchaser of the Title Objections. 4.013 Seller agrees to furnish any existing surveys of the Property in Sellers possession to Purchaser within Ten (10) days of e.__.~ution of this Agreement. Purchaser shall have the option, at its own expefts6r,~,,to obtain a current survey of the Property prepared by a surveyor licensed I~?.~the State of Florida. No adjustments to the Purchase Price .shall be ~le b~ed upon any change to the total acreage referenced in Exhibits "A" and "B," if any. If the survey obtained by Purchaser, as,oe.~ii~i'~ ~&;fe~gi~tered Florida surveyor, shows: (a) an encroachment onto:tEe Pt'op'~ty; ~)f'(b)'~hat an improvement located on the Property projects 8:~6~nd~'~f~eih'ers, or (c)lack of legal access, the Purchaser shall, bet*Ore e~ra~tion of the Inspection Period, notify the Seller in writing of the encroaChm~(, project on or ack of legal access, and Seller shall treat it/them as Title O~bjections. Purchaser must raise any objections arising from matters revealed by Purchasers survey within the Twenty (20) day title objection period set forth in Paragraph 4.011 of this Agreement or such objections are waived. Purchaser agrees and acknowledges that the standard survey exceptions contained in the Commitment shall be included in the owner's policy to be issued to Purchaser unless PurchaSer obtains a survey of the Property that meets Florida's minimum technical standards for surveys and is cedified to Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance underwriter. V. INSPECTION PERIOD 5.01 Purchaser shall have thidy (30) days from the date of this Agreement ("Inspection Period") to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental Iaws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. Within Ten (10) days following execution of this Agreement,~-~'il.e.r~~~ dilinence dcJ"urn~l/I;[l~_ ,,,i~ Purchaser copies of all previously obtained due JAN 2 i / Agre~rnen~ For S~I~ And Purchase J ~ P~ge No. 3 to the Property, including without limitation all surveys, environmental assessments, soil tests, endangered species assessments, and related tests, summaries, or documents in the actual possession of Seller. 5.02 Purchaser may terminate this Agreement by written notice to Seller before expiration of the Inspection Period in Purchaser's sole discretion. If Purchaser fails to properly terminate this Agreement before expiration of the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all due diligence and inspection documents obtained by Purchaser with respect to the Property during the Inspection Period (the "Diligence Documents"), including without limitation all engineering reports and environmental and soil testing results. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Properly for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in pedorming such tests, use due care. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. tf Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay in full the cost of all inspections, reports, surveys, and tests of any kind resulting from Purchaser's inspection so th~¢:~o person, firm, or entity shall have the right to file a lien on the Property. P~ser or Purchaser's agents shall not conduct any inspection so as to cause dam~,~je to the Property, except damage reasonably resulting from soil borings.'.bOt if ~ such damage occurs, Purchaser shall restore the Property t~ :i-ts. pr~:in~pection condition not later than ten (10) days after the damage oc .c~,,,rs. :: T~[~.-provjs on shall survive termination of this Agreement. .. VI. INSPECTION 6.01 Seller acknowledges'~-¥qe Purchaser, or its authorized agents, shall have the right to inspect the Prop'~'~:ty at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 DELETED IX. DEFAULT, TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller, or Purchaser may seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination and Purchaser fails to close the transaction contemplated hereby, or in the event Purchaser fails to perform any of the other terms, covenants and conditions of this Agreement following ten (10) days notice and opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this Agreement for such default, in which case Purchaser shall pay to Seller the sum of Forty Thousand and 00/100 Dollars ($40,000) as agreed-upon liquidated damages. In the event of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or parties shall No. Agreement For Saie And Purchase J '~',~'~e~4'4 reasonable paralegal and attorneys' fees and other costs incurred in that action or proceeding, including those related to appeals. The terms o! this Paragraph 9.02 shall survive termination of this Agreement. 9.03 The parties acknowledge and agree that Seller's actual damages are uncertain in amount and difficult to ascertain, and that the amount of liquidated damages set forth in this Article 9 was reasonably determined by mutual agreement between the padies and said sum was not intended to be a penalty in nature. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, tt~reatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary .... ':' 10.013 The warranties set forth in this paragraph shalhbe true on the date of this Agreement and as of the date of Closing, Pu~;chassr~s acceptance of the Deed to the said Property shall be deemed to be full performance and discharge of every agreemen, t an8 obligation or(the part of the Seller to be performed pursuant to the provisions of this Agreement, except for those obligations, representations,, aDd ..w~r.rari'ties identified in this Agreement as surviving the Closing. · :~ ' .i.;~ 10.014 Seller represents tl"mt"it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this Agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that Seller has no knowledge of: any incinerators, septic tanks or cesspools on the Property; any waste being discharged from the Property into any disposal system or receptacle other than a public sanitary sewer system; any pollutants are or have been discharged from the Prop_e~/,~ directly or indirectly into any body of water; any prior orfprese~N[~l~l~f'.~M AgreementPOrSaleA~dPlJrChSSe I ~ ~ Z~O~ Property for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, nor of any proceeding or inquiry by any authority with respect thereto; any ground water contamination on the Property or potential of ground water contamination from neighboring properties; any storage tanks for gasoline or any other substances presently or previously located on or under the Properly; or any prior or present use of the Property as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or Iocal statute, taw or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Except for ongoing discussions within and between the City of Naples, Collier County, and State of Florida transportation and administrative agencies regarding potential use of the Properly for highway and transportation infrastructure expansion, including without limitation the construotion of an overpass or alternative intersection improvements connecting Golden Gate Parkway and Goodlette-Frank Road, Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, Pay-back agreements, paving agreements, road expansion or improvement agre,ements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Setler's'at~flity~tcY-~perform hereunder; nor is there any other charge or expense uP~n':;,J~u' related to the Property which has not been disclosed to Purcha~.~e[ ~:w~ tng prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the Property which may restrict or change any other condition of the Property. 10.022 [DELETED] XI. Agreement For Sale And Purchase 10.023 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. NOTICES A~DA I~'EM,- No._ (© JAN 2; 2,:.'} p~, , Fage No. 6 i~) 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered or cedified mail, return receipt requested, postage prepaid, transmitted or addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attention: Right-of-Way Acquisition Section 2685 South Horseshoe Drive, Suite 212 Naples, Florida 34104 Fax No.: (239) With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Fax No.: (239) If to Seller: Charles Fleischmann, III Fleischmann Enterprises 4001 Carew Tower Cincinnati, OH 45202 Fax No.: (513) 621-0049 Telephone No.: Dorette L. FIeischmann Viets c/o Mr. Philip Lawrence Inverness Counsel~ trlc. 545 Madison Avenue New York, NY 10022 Fax'No.: (212) 588-9093 ~Tel'ephone No.: Melb. nie Garnett Jumpstart Hill 698 Titicus Road North Salem, NY 10560 Fax No.: (914) 669-8448 Telephone No.: Charles Fleischmann, V 5330 Homeville Road Oxford, Pennsylvania 19363 Fax No.: (717) 529-6276 Telephone No.: With a copy to: With a copy to: John M. Passidomo Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South Naples, FL 34102 Fax No.: (239) 261-0884 R. Scott Cameron, CClM Cameron Real Estate Services, Inc. 1250 Tamiami Trail North, Suite 101 Naples, FL 34102-5267 Fax No.: (239) 261-5676 AC-.-.-.-~ N DA iTl~v, No. i _ Pg. t~) 11.02 The facsimile numbers and addresses for the purpose of this Article may be Agreement For Sale A,'~d Purchase Page No. 7 changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such facsimile numbers or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REALESTATE BROKERS 12.01 Purchaser and Seller warrant and represent to the other that each party has not dealt with any broker, except for R. Scott Cameron of Cameron Real Estate Services, Inc. ("Broker") who will be paid by Seller. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall be binding on and 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. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been fully executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in ~his Agreement, [egardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereo"~a¢, reqUire:~:'.-. 13.06 No waiver:~- an~,¢~o,v.isi~this~. _-._-- ...,-.~ , . , Agreement shall be effective unless it is in writing signed by'~.the ,gC:rt~gainst whom it is asserted, and any waiver of any provision of this .~r.~ent shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller 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. 13.09 If the Seller holds the Property in the form of a partnership, limited padnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 13.10 This Agreement is governed and construed in accord~ Agreement For Sale ,Md Purchase 5¥vMo- '/200 _ the State of Florida. 13.11 DELETED. 13.12 Purchaser may not assign its rights under this Agreement without the prior written consent of Seller. 13.13 If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 13.14 In addition to the acts recited in this Agreement to be performed by Seller and Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all such further acts as may be reasonably necessary to consummate the transaction contemplated hereby. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unl..e..Cs made in writing and executed and dated by both Purchaser and Seller. Time [~)f the essence to this Agreement. Purchaser .a,c&~.'~]bdge8 that One Cr.-:more of the padies who are the Sellers under this Agre .~...:%~ni';(a ~,S~i'~f:.pi~rty,') may be selhng such Seller Party's interest in the Property ~. pa~?b¢~,a lf~'e-kind exchange under Section 1031 of the Internal Revenue C'~'~Je.-~,~'nd~e regulation promulgated thereunder. Purchaser'agrees to cooperate with such Seller Party in completing such exchange and in that regard, such Seller Party may assign its rights and obligations under this Agreement to such Seller Party's intermediary in order to complete the exchange, provided that such assignment wilt not release such Seller Party from its obligations under the Agreement. Such cooperation by Purchaser will not impose any additional obligations or expenses on Purchaser which are not reimbursed by such Seller Party. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Agreement For Sale And Purchase BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chai~'nan.. AL.~::NI:~ lT..EM- JAN 206 AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) CHARLES FLEISCHMANN, III, as to an undivided 49.61% interest in the land described in Exhibit "A" BY: Agreement For Sale And Purchase JAN Z/ 280~ t ~a~e ~o. 10 AS TO SELLER: DATED: DORETTE L. FLEISCHMANN VIETS, as to an undivided 49.61% interest in the land described in Exhibit "A" WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) BY: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) DORE-I-rE' L FLELgCHMANN VlETS, Co:Trustee hnder Adicle Seven B of the Last Will and Testament of Dorette K. Fteischmann, dated September 10, 1992 BY: Agreement For Sale And Purchase Page No. 11 AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) CHARLES FLEISCHMANN, V, Co-Trustee under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, dated September 10, 1992 BY: AGEND~ iT~_lv~ No. !~-~--- JAN ~r 2,.~ pg. Agreement For Sale And Purchase Page No. 12 AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) MELANIE FLEISCHMANN GARNETT, Co-Trustee under Article Seven B of the Last Will and Testament of Dorette K. Fteischmann, dated September 10, 1992 BY: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AC,~ND~ tTF_.~vF No. i0~-~ JAN ?,' ~ Agreement For Sale And Purchase Page No. 13 LEGAL DESCRIPTION The following legal description for the subject property was obtained from the survey: Description of part of Lots 8, 9, 10, il, & 97 of Naples Improvement Company's Little Farms according to the plat thereof as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northeast corner of Lot 11; thence along the east line of Lot 1t, South 00024'22" East 333.29 feet to the East ¼ corner of Section 27, Township 49 South, Range 25 East, at the Northeast corner of Lot 10; thence South 01°13'44'' East 403.20 feet to a point on the northerly right-of-way of Golden Gate Par~ay Extension (S.R. 886); thence along said right-of-way line for the following nine (9) described courses: 1) South 89°40'10- West 306.99 feet to the thread of the Gordon River; 2) North 28°33'27" East 22.84 feet along the ttlread of the Gordon River; 3) Leaving the thread of the Gordon River South 89°40'10'' West 106.61 feet; 4) South 00°48'54- East 9.00 feet; 5) South 89°40'10" West 747.50 feet; 6) Southwesterly 575.97 feet along the arc of a circular curve concave to the Southeast, through a central angle of 38°52'20- having a radius of 848.95 feet and being subtended by a chord which bears. South 70°14'00- West 564.98 feet; 7) South 50°47'50- West 122.57'; 8) North 89°39'59~ East 1.59 feet; 9) South 50047,50" West 305.90 feet; thence leaving said right-of-way line, North 00°16'50- West 191.97 feet to a point on the South Line of. Lot 9; thence along said South Line, South 89039'59" West 600.00 feet to a point on the East right-of-way line of Goodlette Road (C.R. 851); thence along said line, North 00016'50" West 996.23 feet to a point on the North Line of Lot 11; thence along the North Line of Lot 11, North 89047'52" East 2606.98 feet to the point of beginning of the parcel herein described. Subject to Easements and Restrictions of Record; containing 50.5 acres more or less; Bearings are based on the North Line of Lot 11, Being North 89047'52" East. EXHIBIT EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER AMENDING THE MEDIC 80 AGREEMENT WITH NAPLES COMMUNITY HOSPITAL TO ADDRESS ADDITIONAL REQUESTS RAISED BY THE HOSPITAL. OBJECTIVE: To provide better protection for the health, safety, and welfare of the residents of Collier County through efficient use of resources. CONSIDERATIONS: The Board of County Commissioners approved a settlement agreement on December 17, 2003 that provided for the following: 1) NCH will pay for previous out of county transport between the dates of March 13- September 30, 2003 at a reduced rate of Medicare plus 10% instead of the Resolution based fees - providing for approximately a 40% savings. 2) NCH will use the inter-facility vehicle (Medic 80) to transport out-of-county patients at a flat tee for local transports and at a discount per load mile for out-of- county transports. 3) The County will modify the Certificate of Public Necessity Ordinance to allow NCH to provide its own post hospital transport service by April 30, 2004. Subsequent to this settlement, NCH has not paid for the previous services at the reduced rate, nor has the hospital signed the revised Medic 80 agreement, even though the services have continued. NCH believes there are a number of outstanding issues that include the following: A) NCH requests a credit based upon a Medicare plus 10% discount against the payment that was made for out-of-county transports prior to March 13, 2003. This is an estimated credit request of $56,000. B) NCH is requesting the Medicare plus 10% discount rate for use of the Helicopter instead of the regular rate established by Ordinance tbr post- hospital emergency transports. This would provide approximately a $90,000 savings to the Hospital. C) NCH wishes to continue to use the County's services first instead of seeking private transport service when Medic 80 is tied up. D) NCH is requesting the Medicare plus 10% discount rate for all out-of- county transport services above and beyond the use of Medic 80. The long-term goal of staff was to eliminate the use of County services for post-hospital transports. Under the additional conditions proposed by NCH, this would not occur because the Hospital would be receiving a significant rate reduction subsidized by the taxpayer. The Hospital already receives a $600,000 / year savings for the use of Medic 80. Should the Board wish to consider these concems, staff would offer the following modifications: ~ AGEN-iiA j~E INo. I I 1. NCH will pay a base rate of Medicare plus 10% ($2339), but pay a per mile fee of $49 / mile for use of the helicopter. This is a discount of almost 25% from the Board adopted Ordinance, but is more than the rate of Medicare plus 10% ($31/mile). 2. In cases where it is more convenient for the County to use the helicopter due to ambulance availability and coverage issues, the Hospital will pay the flat convenience rate of $2400 only. 3. The Hospital will pay the Board adopted tee schedule for all additional inter- facility transports, but will first seek a private carrier. 4. The Medic 80 Agreement will be terminated effective June 1, 2004 recognizing that NCH will place two units on by April 30, 2004. This provides a month leeway for unusual circumstances. 5. The County Medical Director will review over all inter-facility and out-of-county calls to ensure that quality control measures are in place. The Medical Director will also have the right to deny a Doctor's request for use of County services. 6. There will be no discounted rate applied to the payment made prior to March 13, 2003. 7. All other previously agreed to issues xvill be honored. At the time of this printing staff has not heard from the Hospital. If there is no agreed to resolution to this issue, staff is proposing the immediate termination of the Medic 80 agreement; therefore, the Hospital xvould have to pay the full rate adopted for resolution for all services if the services are available. FISCAL IMPACT: The County has not been paid for over $200,000 of services already rendered. This is a direct impact to general fund revenues. The Hospital will receive an additional estimated $45,000 discounted rate based upon these modifications above and beyond the discount rate of approximately $600,000 as part of the existing Medic 80 Agreement GROWTH MANAGEMENT IMPACT: Growth units for EMS are based upon population derived from response times. The loss of a unit to out-o~:county transports impacts response times and will accelerate the need for additional units. RECOMMENDATION: Recommendation that the Board of County Commissioners determine whether the Hospital is agreeable to these terms on the record. If the Hospital is not agreeable, it is staff's recommendation to terminate the Medic 80 agreement immediately. SUBMITTED BY: REWVIEWED AND APPROVED BY: Jeff Pfl(~S Direc ot/~ J~n D Ul~ i s i o nn~;ku~i cd ~2nr~tcread o r . AGENE~AI~'EM --? JAN.2 ? 200t i NCH HEALTHCARE SYSTEM TRANSPORTATION SERVICE AGREEMENT FOR DEDICATED AMBULANCE AND OTHER TRANSPORT SERVICES THIS AGREEMENT is made and entered into this __ day of ,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as (COUNTY) and NCH HEALTHCARE SYSTEM, INC., hereinafter referred to as "NCH', effective October 1,2003, (hereinafter referred to as the "Effective Date"). RECITALS: WHEREAS, NCH desires to obtain professional health care transportation services for the transfer of patients from NCH facilities by entering into an Agreement with the COUNTY; and WHEREAS, the COUNTY desires to provide such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the Agreement results in a benefit to the COUNTY, by reducing response times for transports and providing funding for the employment of three [3] additional EMS employees; and WHEREAS, the County is willing to provide one dedicated ambulance under the conditions as set forth herein; and NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises, and provisions set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: WITNESSETH: ARTICLE I RESPONSIBILITIES OF COUNTY 1.1 Provision of Services. COUNTY agrees to provide NCH with ambulance transport services pursuant to the terms and conditions set forth in this Agreement. The COUNTY shall provide one [1] ambulance [hereinafter referred to as the "Dedicated Ambulance"] pursuant to this Agreement, staffed with one [1] COUNTY Certified Paramedic [hereinafter referred to as the "Dedicated Paramedic"] to exclusively service the needs of NCH as follows: 1.1.1. The Dedicated Ambulance shall service the needs of the North Collier and Naples Community Hospitals [hereinafter referred to as the "NCH Facilities"] by providing patient transports Twenty Four [24] hours a day, seven [7] days a week. 1.1.2. The COUNTY EMS Department will license and equip this vehicle as an Advanced Life Support transport unit under the Board of County Commissioner's authority pursuant tc Chapter 401, Fla. Stat. And Subtitle 64E-2, Fla. Admin. Code. 1.1.3. The Dedicated Paramedic shall be stationed out of a facility provided by NCH, logistically appropriate and agreed to by Collier County and will work in conjunction with NCH personnel to transport patients between NCH Facilities twenty-four [24] hours a day, seven [7] days a week. 1.1.4. The COUNTY shall be responsible for all routine maintenance and repairs to the Dedicated Ambulance, and it shall remain the property of Collier County. 1.2 Timeliness of Services. COUNTY shall provide all health care transportation services on a timely basis, determined as follows: 1.2.1. The Dedicated Ambulance shall be scheduled and dispatched by designated NCH personnel. The dedicated Ambulance shall not provide services for any facility or patient except as provided in paragraph 1.1.1 and 2.5. 1.3 Disaster Services. In the event of a major disaster requiring the evacuation of NCH's facilities, COUNTY shall, subject to equipment and manpower availability, utilize its resources to provide NCH support and patient transportation based upon the current COUNTY ambulance user fee billing ordinance at time of service. 1.4 Confidentiality. COUNTY shall maintain confidentiality of client information acquired in the course of providing services, and shall not release such information without prior written authorization from a representative of NCH or otherwise in accordance with any applicable law, rule or regulation. 1.5 Certifications and Licenses. The COUNTY's EMS Department, in coordination with NCH, shall be responsible for verifying that the Paramedic/EMT's employed by NCH, and assigned to the Dedicated Ambulance, meet all requirements for c6rtifications and licensure as required by Florida Statutes. 1.6 Client Notification. COUNTY shall keep NCH informed of its policies, procedures and activities relevant to COUNTY's obligations under this Agreement, and shall meet with representatives of NCH on a regular basis to review procedures, policies, quality and timeliness of services. 1.7 Insurance. COUNTY shall maintain, at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY agrees to furnish Hospital with satisfactory evidence of such insurance upon request. COUNTY shall immediately advise NCH of any termination of such insurance or any reduction in the amount of such insurance. JAN 21 200q P~. q 2 1.8 1.9 1.10 1.11 1.12 1.13 Billing. For all services provided by the Dedicated Ambulance, NCH shall pay the COUNTY monthly payments of Twenty Thousand Eight Hundred Eighty-Four dollars and Eighty-Three cents [$20,884.83] with the first payment being due on ,2003. COUNTY shall not bill Medicare, Medicaid, third party payors, or the patient for any charges for transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. Out of County_ Transports. For out of county transports provided by the Dedicated Ambulance pursuant to paragraph I. 1 above, NCH shall pay the COUNTY an additional fee of Seven Dollars [$7.00] per loaded mile. Should NCH have a need for a patient to be transported to an out of county facility that requires medical intervention outside the scope described under paragraph 1.1 above, NCH agrees to first attempt to utilize an ALS or BLS licensed provider from outside Collier County. In the event that NCH has to request the COUNTY to provide this type of transport, the COUNTY shall, subject to equipment, manpower, availability and its sole discretion, utilize its resources to provide NCH support and patient transport. For emergency transports requiring the use of the County Helicopter, NCH will pay a base rate of Two Thousand Three Hundred Thirty Nine dollars ($2339) and forty nine dollars ($49.00) per mile. In cases where it is more convenient for the County to use the helicopter due to ambulance availability and coverage issues, NCH will pay a flat rate of two thousand four hundred dollars ($2,400). County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days. USE OF OTHER VEHICLES OTHER THAN THE DEDICATED AMBULANCE. NCH shall pay the COUNTY for all ambulance services provided by the COUNTY to NCH for transfers from Marco Island Urgent Care Center and additional inter-facility transfers between its facilities requested by NCH using a vehicle other than the dedicated ambulance. Such services shall be outside the scope of services provided under paragraph 1.1 above and NCH will pay the adopted fee schedule for all additional interfacility transports. County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days from the date the County sought payment from Medicare, Medicaid, third party payors, or the patient. For all patients for which the NCH Facilities are responsible for payment, COUNTY shall invoice NCH on a monthly basis, each invoice reflecting the total amount due for the previous month's service. Invoices will also delineate the type of service provided; points of pick-up and discharge; date and time service was requested, pick-up time; distance of transport; added charges, if any; and NCH's authorization or reference number for each transport, if available. These rates shall be based upon the current COUNTY ambulance user fee-billing ordinance at time of service. Availability of Records. COUNTY shall make any and all records related to this Agreement available for inspection and/or audit upon request by NCH. Equipment Records. COUNTY shall document the receipt of any NCH equipment necessary for the convenient transfer of patients, assume custody for such during the transfer, and return such to the appropriate department as soon as practicable after the transfer. JAN 2 1.14 1.15 1.15 2.1 2.2 2.3 2.4 Patient Valuables. COUNTY shall document the receipt of patient valuables, assure custody for such upon receipt, and deliver such to a responsible party at the receiving facility. Documentation Records. COUNTY shall retain all records pertaining to this Agreement for a period of four [4] years after furnishing services as described herein. Upon request, the COUNTY shall provide to the Secretary of Health and Human Services or the Comptroller General or any of their duly authorized representatives, the Copies of the Agreement, books, documents, and records necessary to certify the nature, extent, and cost of any provided service. 1.15.1 Any provision of this Agreement performed under a sub contractual agreement valued at Ten Thousand Dollars [$10,000.00] or more over a 12-month period shall also be retained for a period of four [4] years following receipt of services, and COUNTY shall afford the Secretary of Health and Human Services or the Comptroller General access to the sub contractual agreement, as well as to the subcontractor's books, documents and records necessary to verify the nature, extent and costs of the subcontract. Patient's Right For Ambulance Service. COUNTY does not discriminate in the provision covered medical services hereunder, whether on the basis of a person's age, sex, marital status, sexual orientation, race, color, religion, ancestry, national origin, disability, handicap, health status, or other unlawful basis including, without limitation, the filing by a person of any complaint, grievance or legal action against NCH, COUNTY or a payor. ARTICLE II NCH RESPONSIBILITIES Agreement to Meet. NCH agrees to meet with representatives of COUNTY on a regular basis, at mutually acceptable times, to review policies, procedures, and quality issues. The County Medical Director will have medical review over all inter-facility and out of County transport to ensure that quality control measures are in place. For out of county transports outside the scope of services provided under paragraph 1.1 above, he will have the right to deny a physician's request for County services should he determine an out of county transport is not a true emergency. Timeliness of Payment. When acting in the capacity of guarantor of payment or when directly responsible, NCH shall reimburse COUNTY within thirty [30] days from date of receipt of invoice. NCH will have at all times at least one Paramedic/EMT assigned to the Dedicated Ambulance who will meet all requirements for certification and licensure as required by Florida Law. Exclusive Provider. NCH agrees to utilize COUNTY as the exclusive ALS or BLS licensed provider for any medical transportation services that are to be provided between NCH Facilities requiting medical intervention when an actual representative of NCH requests these services within Collier County. 2.5 2.6 2.7 2.8 Disaster Services. In the event of a major disaster requiring the need for additional EMS transport units, NCH will allow the COUNTY, upon a request by the COUNTY to utilize the supplied Dedicated Ambulance as a resource to provide EMS departmental support and patient transportation. NCH will provide the location for housing the Dedicated Ambulance and in the event material damage has been done to the vehicle, notify COUNTY immediately, but in no event later than three [3] hours after becoming aware of any incident. Insurance: NCH shall maintain at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH agrees to furnish COUNTY with satisfactory evidence of such insurance upon request and name COUNTY as an additional insured on the Certificate of Insurance. NCH shall immediately advise COUNTY of any termination of such insurance or any reduction in the amount of such insurance. NCH Paramedics and/or EMTs assigned to this unit will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 3.1 3.2 4.1 4.2 ARTICLE !11 TERM AND TERMINATION Term. The term of this Agreement shall commence on the date the COUNTY executes the Agreement and shall be terminated on June 1,2004. Termination. Either party by giving the other party Thirty [30] day's advance written notice, may terminate this Agreement, without cause, at any time. ARTICLE IV OTHER PROVISIONS Compliance with Applicable Laws, Rules, and Regulations. All services furnished by COUNTY and NCH shall be rendered in full compliance with all applicable Federal, State and local laws, rules, and regulations. It shall be COUNTY's sole responsibility to determine which laws, rules, and regulations apply to the services it renders under this Agreement. NCH shall be responsible for complying with all laws, rules and regulations pertaining to any service it renders under this Agreement. Third Party Billing other in obtaining patient and/or third party billing information. the other party in providing this information. Information. NCH and COUNTY will use their best efforts to assist each Each ,',~" oh~.n ....... , .... :,h J JAN2/ 2:3~ J 4.3 4.4 5.1 5.2 5.3 5.4 5.5 COUNTY's Responsibility for Claims: COUNTY hereby agrees, and without waiver of its sovereign immunity limits, to the extent permissible, pursuant to Florida Statutes, Section 768.28 and other applicable Florida Law, indemnify and hold harmless NCH and to be responsible for the negligent acts of it's employees for damages, losses, liabilities fines, penalties, costs and expenses, [including, reasonable attorneys fees] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from personal injury to any person, or the damage to any property, arising or alleged to have arisen out of any of the COUNTY's negligent acts or omissions related to the performance of this Agreement. Indemnification by NCH: NCH hereby agrees to indemnify and hold harmless, COUNTY, its Commissioners, their officers, directors, and employees for, from and against all damages, losses, liabilities [absolute and contingent], fines, penalties, costs and expenses [including, without limitation, reasonable attorneys fees, costs or expenses incurred in the investigation, defense or settlement of any claim covered by this indemnity] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from the personal injury to any person [including death], or the damage to any property, arising or alleged to have arisen out of any act or omission of NCH, its officers, directors, employees or agents, related to the performance of this Agreement. ARTICLE V MISCELLANEOUS PROVISIONS Independent Contractor. It is understood and agreed that the personnel of COUNTY and NCH shall not be considered agents or employees of the other and shall not be under the supervision, management, direction or control of the other in the performance of their duties, except as identified under paragraph 1.1 above, and except as may be required by Florida Department of Health Services rules and regulations, if applicable. The employees of each party are not entitled to any of the benefits that the other party provides for its employees. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Florida. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assi~ent without such consent shall be considered null and void. Notwithstanding the above, this Agreement, or any or all of the services required herein, may be assigned, or subcontracted to any of COUNTY's affiliates. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. AGENI~ iTEM No. lC) JX 4 21 200 pg. ~ 6 5.6 5.7 5.8 5.9 5.10 5.11 Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion[s] shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Collier County Government Center 3301 E. Tamiami Trail Naples, Fl. 34112 Attn.: Leo Ochs, Assistant County Manager NCH Healthcare Systems 350 Seventh Street North Naples, FI. 34102 Attn.: James A. Wamken Either party with proper notice as listed above can change the notification addresses listed above. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Reports. COUNTY agrees to provide NCH a monthly report of the services provided to NCH under the terms of this Agreement. The report shall detail at least the following information: · Date and time service was requested · Time provider arrived at the scene · Identity of the agency providing the service · Identity of specific provider representatives providing services NCH agrees to provide COUNTY with a monthly report of the requests for services made to the COUNTY, including: · Date and time of request and identity of person making request. · Nature of services requested and services rendered. · Identity of persons responding to request. · Date and time of response to request. Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof [the "Dispute"], the parties agree to use the JAN 2/ 2?:';. following procedure in good faith prior to any party pursuing other available judicial or non- judicial remedies: Collier County Alternative Dispute Resolution Procedure which is attached as Exhibit IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal Sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Jacqueline Hubbard Assistant County Attorney Approved as to form and legal Sufficiency: NCH HEALTHCARE SYSTEM. Inc. By: James A. Wamken Burt L. Saunders, Esq. Attorney for the Naples Community Hospital JAN Z 'J J Pg. / (,~ J, 8 EXItlBIT "A' COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES BETWEEN COLLIER COUNTY AND NCH HEALTHCARE SYSTEM, 1NC. [NCH] INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in contract disputes. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a tier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by a party to a contract for an equitable resolution of a legal claim for damages under the contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence o '~~a~- JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and NCH. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the party's performance under the contract. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. JAN 2 }' 2C0 l0 4.4 The Claim Form shall be accompanied by: a, A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Co Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the heating has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date tbr an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or 6ther information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the heating. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the heating. Generally, introduction of documents will not be allowed during the heating which have not been previously been revealed to the other party. AGENDA ITE~! No. JAN 2. i 20 ]q 11 o Depositions and interrogatories will not be allowed except upon an order from the arbitrators ~_~ke sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any heating may represent a party. A court reporter will be present, unless waived by both parties. a. The heating will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an AGENDA No. adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and fumish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of intbrmation required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties xvill have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 10. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 any. The mediator may meet and consult privately with any party or parties or their counsel, if 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by NCH, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of contract involved in this project. No._ Pg- 11. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either NCH or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in NCH in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by NCH or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure goveming mediation are incorporated herein. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney him JAN Z }' ZO0 l J TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim docmnents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator w-ith a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. Item 10H Discussion and decisions regarding the Economic Development Council's recommendation to provide economic incentives to Satire Aircraft Company for development of an aircraft manufacturing facility at the Florida Tradeport. Back-Up material will be made available on Friday, January 23, 2004. Copies can be obtained at the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Naples. JAN 2 ~ 200~ EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS APPROVE THE FOLLOWING ECONOMIC INCENTIVES AS ECONOMIC INDUCEMENTS TO ENCOURAGE SAFIRE AIRCRAFT COMPANY TO LOCATE ITS NEW MANUFACTURING SITE TO THE FLORIDA TRADEPORT IN IMMOKALEE. OBJECTIVE: To have the Board of County Commissioners (BCC) approve the following economic incentives as an inducement to encourage Satire Aircrat5 Company to locate its new manufacturing site in the Florida Tradeport site located at the Immokalee Airport. CONSIDERATIONS: Satire Aircraft Company is an emerging startup company with approximately ninety employees, mostly engineers. The company is presently located in Opa Locka, Florida and is currently searching for site for its state-of-the-art manufacturing facility that will eventually employ 1,000 new jobs. The company is considering sites both within and outside the State of Florida. The Florida Tradeport in Immokalee is one of the locations Satire is considering. The following economic incentives are considered as critical inducements for the company to choose the Florida Tradeport as their future site of operations. Incentives requiring Board of County Commissioner approval: LEASE: Up to a fifty-year lease agreement between the Collier County Airport Authority and Satire Aircraft Company for approximately 50 acres with the first ten (10) years provided rent-free and negotiable thereafter beginning at $0.10 per square foot plus CPI. SITE PREPARATION: Collier County will provide a pad ready site with an approximate value of $8 million. $2 million, upon approval from the Governor's office may be provided from Florida's Road Fund and $6 million would be locally funded from available General Fund reserves. JOB CREATION INVESTMENT PROGRAM: This economic incentive was approved by the BCC November 18, 2003. The purpose of this initiative is to stimulate job creation in "targeted industries," especially east of Collier Boulevard. The total amount Satire would qualify for equals $1 million. This incentive would be funded through the General Fund based on the actual jobs created by the company and paid based on the attached matrix. These fees are actually paid in three equal payments after verification that the jobs are actually created. Funding for this program would need to be budgeted beginning in Fiscal Year 07. FEE PAYMENT ASSISTANCE PROGRAM (IMPACT FEES): This program was approved November 18, 2003 as part of several economic inc~' induce targeted high wage job creation in Collier County. The purpose is to mitigate the economic effects of increased impact fee rates. The cost of all impact fees for this project is approximately $1.74 million with $1.35 million already funded through all the previously approved incentive programs in the FY04 budget; $600,000 for programs in Collier County, $350,000 targeted specifically for Immokalee. Approval of this incentive would now earmark the total sum of $1.35 million for the Immokalee Enterprise Zone. The $400,000 currently budgeted in the FY04 budget for the Job Creation Program will need to be transferred to Fee Payment Assistance, and the additional $390,000 would need to be budgeted out of the General Fund. BROADBAND INFRASTRUCTURE: This program was approved on November 18, 2003 as part of the package of economic incentives designed to induce targeted job creation within Collier County. The program makes available $25,000 as a reimbursement to any company that installs advanced broadband technology. This program is funded by the increase in property tax payments resulting from the construction of industrial buildings. Incentive that does not require Board approval but is noted for informational purposes onl,g: COMMUNITY DEVELOPMENT BLOCK GRANT: This federally funded program provides $350,000 to Satire Aircraft Company for job creation in the Immokalee area at the rate of $350 per job. Two additional incentives that are related agenda items for the Board to consider as separate actions noted below for information purposes only. BROWNFIELD AREA PROGRAM: Approving the designation of the Immokalee Enterprise Zone as a Brownfield Area. Brownfield sites are generally abandoned, idled, or under-utilized commercial or industrial properties where expansion or redevelopment is hindered. Areas designated by local authorities as Brownfields may participate in state incentive programs, including those related to job creation. Brownfield properties are often located within Enterprise Zones that provide additional economic incentives. QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM: The Qualified Target Industry Tax Refund incentive is available for companies that create high wage jobs in targeted high value-added industries. This incentive includes refunds on corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. Pre-approved applicants who create jobs in Florida receive tax refunds of $6,000 per job in an Enterprise Zone. For businesses paying 150 percent of the average annual wage may add $1,000 per job. Companies locating within Brownfield Areas may receive a bonus of $2,500 per new job created. The local community where the company locates contributes 20 percent of the total tax refund. Satire Aircraft Company would q! ~ $6.65 million per their current plans. The local match for this program is $1.33 million (20%) and is to be funded from the General Fund. Summy 1. Lease: No upfront expense 2. Site Preparation: 3. Job Creation (to be budgeted FY07-FY14): 4. Fee Payment Assistance ($1.35M Budgeted) 5. Broadband Infrastructure 6. CDBG: 7. Qualified Target Industry and Brownfield Bonus Local Match Total Local Approval Funding $ 6.0 million $1.0 million $1.74 million $ 0.025 million $ 0.35 million $1.33 million $~ 0.445 millioI~ Source General Fund General Fund General Fund General Fund CDBG Funds General Fund '~-T'ammie J. m~cek, Executive Director, Development Council of Collier County FISCAL IMPACT: The above summary shows a total of $10.445 million being made available to S-afire Aircraft Company as economic incentives to relocate to the Florida Tradeport in Immokalee with $10.095 coming from the General Fund, of which $1.35 million is budgeted as available incentives in FY04. Approval of the above incentives will require an additional $6.39 million to be added to the FY04 budget for economic incentives. The justification for these expenditures of these funds is that Satire Aircraft's relocation would bring an estimated 1,000 full-time jobs paying an average wage of not less than $46,491 to Collier County by 2010. The direct and indirect earnings impact of this project, over the next six years is estimated at over $300 million, along with an initial capital investment of $65 million. GROWTH MANAGEMENT PLAN IMPACT: Satire Aircraft is a targarted industry high wage and high tech industry employer, which will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. The activities of this proposed manufacturing entity and its land use is deemed to be consistent with the Economic Development element, the Future Land Use element, and the Immokalee Area Master Plan element of the Collier County Growth Management Plan. 10. RECOMMENDATION:_ The BCC approve the above stated incentives with the ~nderstanding that they be used to encourage Satire Aircraft Company choose the Florida Tradeport location in Immokalee as its newly constructed manufacturing site. Economic 12. REVIEWED BY: 13. APPROVED BY: Denton Baker, Director, Financial Administration and Housing ' ~ Date: / ~ ~F ~o~~~tt, ^dn~ni~t~a~o~, commUn~~ j/Development and Environmental Services Division . O/~X 2 7 200~ ~ ./~/--/ JAN Z 7 200~. -. ~ JAN 2 7 200~ JAN 2 ? 200~ E JAN272DOq I C> JAN 2 ? 2004 JAN 2 ? 206~ ~ oo ® ZZZZZZ ZZZZZZ ZZZZZZ ZZZZZZ JA~ 2 7 200~ ~ SAFIRE AIRCRAFT SITE AT THE FLORIDA TRADEPORT The proposed Satire Aircraft site is located in Phase 2 of the industrial park development at the Florida Tradeport. This places Satire Aircraft within the Foreign Trade Zone and with immediate access to a taxiway serving both active runways. The EDC and its partners are ready to assist Safire Aircraft to determine the exact site parameters necessary to meet all of the company's requirements. ../ Economic Development Council of Collier County jAN 2 7~ ~004 T D,EPORT ~MMOKALEE, FLORIDA · USA 1.866:36Z;7537 1.239~2~.898g 1,239~2~3.502t tax COllie{ (:aunty Airport AL~Ita~ - Imm~a]ee:l;Lc'gi[mal Ai[pOl[' :, .'165 Airparl( Bi~d, .. immekal~. FL 34;I,12 January 2! ;2004 James .Mudd Coll~er county Gavernrnent 3301 E. Tamiami Trail NaPles.. FL 341 t2 Dear Jim: The Collier County Airpod Authority in conjundian with the Economic Development Council. of Collier County is currently in negotiations with Satire Aircraft Company, a designer and manufacturer of a new generation light jet, to locate their production facii~ty in the I'mmakalee Regional Airpod' Industrial Park, Satire Aircraft's plans include constructing more than 446,000 square feet of manufacturing space and employing up to 1,000 at an average wage of $46,000. Based on the negotiations with Satire Aircraft, we, anticipate the.term of the air-side land lease agreement will be for 50 years. The first ten years, will be provided' to Satire AircraPr rent-free as an inducement to locate in Collier County. Rent for the remaining 40 years of the lease will be negotiated based on the current land lease rent of $0.10 per square foot. The remaining terms of the lease ag reement will conform to the air-side lease agreement already established by the Cattier County Airport Authority. As Executive Diredor of the Collier County Airpod Authority (CCAA) t am .requesting that the Board of County Commissioners of Collier County grant the Collier County Airport Authority the abil[ly to negotiate with Satire Aircraft with that agreement presented to the Board :of County Commissioners for final approval. Sin cere¥, ,/~ .......... ...Me Schmidt ~xecutive Diredor Collier County Airport Authorih/ AGENOA ITEld JAN 2 7 200 EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING SAFIRE AIRCRAFT COMPANY AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $1,330,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND BROWNFIELD AREA PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve a resolution supporting Satire Aircraft Company under the State of Florida Qualified Target Industry Tax Refund Program, Brownfield Area Tax Refund Program and its application for state tax relief of $6,650,000 of which 20% would be a local match. CONSIDERATIONS: Satire Aircraft Company is an emerging startup company with approximately ninety employees, mostly engineers. The company is presently located in Opa Locka, Florida and is currently searching for a relocation site for its state-of-the-art manufacturing facility that will eventually employ 1,000 new jobs. The company is considering sites both within and outside the State of Florida. The Florida Tradeport in Immokalee is one of the locations Satire is considering. The following economic incentives are considered as critical inducements for them to choose the Florida Tradeport as their future site of operations. Qualified Target Industry Tax Refund Incentive (QTI): · This state incentive is available for companies that create high wage jobs in targeted high value-added industries. Aviation manufacturing is a local and state targeted industry. · This incentive includes refunds on corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. · Pre-approved applicants who create jobs in Florida receive tax refunds $6,000 per job in an Enterprise Zone. An additional $1,000 per job is added for businesses paying 150 percent of the average annual wage. · The Brownfield Redevelopment Bonus Refund is available to encourage Brownfield redevelopment and job creation. Approved applicants receive an additional tax refund bonus of $2,500 for each job created. · The local community where the company locates must contribute 20 percent of the total tax refund FISCAL IMPACT: The local match amount is 1,330,000 and will be funded from General Fund reserves. The direct and indirect earnings impact of this project, over the next six years is estimated at over $300 million, along with an initial capital investment JAN 2 ? 2004 of $65 million. These financial incentives and local participation in the QTI Tax Refund Program are critical inducements to have the company choose Collier County as its relocation site. GROWTH MANAGEMENT IMPACT: Satire Aircraft is a high wage and high tech industry employer, which will help to achieve the goals of the Economic Diversification Program approved by the Board in January 1997. The activities of this proposed manufacturing entity and its land use is deemed to be consistent with the Economic Development element, the Future Land Use element, and the Immokalee Area Master Plan element of the Collier County Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the use of $1,330,000 from General Fund reserves and the budget amendment as required, approve the attached resolution for financial support of Satire Aircraft under the Qualified Targeted Industry Program and Brownfield Program to leverage the State's contribution, and authorize the Chairman to sign the attached resolution. Ta~rnie JYNemecek, Executive Director, Econbmic Development REVIEWED By: /, '-.~ ~ '---- ~''-----' Date:/ ~ Denton Baker, Director, Financial Administration and Housing REVIEWED BY: Date: David C. Weigel, County Attorney · ~~ Date: Cr~Za '/ APPROVED BY' /~eph K. Schm~tt, Administrator, Community Development //Environmental Services Division and uo._ _/62 JAN 2 7 200 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, EVERGLADES CITY, IMMOKALEE, CITY OF MARCO ISLAND & GOLDEN GATE FLORIDA Economic Development Council of Collier County January 21, 2004 Mr. Roger B. Register, Brownfields Liaison Department of Environmental Protection Bureau of Waste Cleanup M.S. 4505 309 M 2600 Blair Stone Road Tallahassee, Fl. 32399-2400 Subject: Immokalee, FI. Brownfields Area Resolution and State Designation Dear Mr. Register: Collier County, in accordance with Florida Statutes Sections 376.77-376.84, has adopted Resolution No. 97-57, which was approved by the Board of County Commissioners on January 27, 2004 (see attached signed copy). This resolution creates the State approved Collier County Brownfields Area. The intent of this designation is to offer Brownfields benefits to stimulate redevelopment within this State and Federal designated Brownfields area. Collier County shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render Collier County liable for costs of site rehabilitation or source removal, as those terms defined in Florida Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those cost attributable to the County's role as administrator of a Brownfields site rehabilitation program or as property owner within the designated Brownfields Area. Please confirm the receipt of this notification and let me if any additional information or clarification is required. Respectfully, James Mudd AGffr.~A ITEM .JAN ~ 7 200~ RESOLUTION NO. 04- A Resolution of Collier County, Florida, Making Findings; Designating a Brownfield Area Within Collier County For The Purpose of Environmental Rehabilitation And Economic Development; Providing an Effective Date. Whereas, the State of Florida has provided, in Ch. 97-277, Laws of Florida, codified at Florida Statutes Sections 376.77-376.84, for the designation by resolution of certain contiguous areas consisting of one or more Brownfields sites as "Brownfields Areas", and for the corresponding provision of environmental remediation and economic development for such areas; and Whereas, Collier County wishes to notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for rehabilitation for purposes of Sections 376.77-376.84; and Whereas, Collier County has considered the criteria set forth in Florida Statutes Section 376.80(2)(a) 1-4. namely, whether the proposed Brownfield Area warrants economic development and has a reasonable potential for such activities, whether the Area represents a reasonably focused approach and is not overly large in geographic coverage, whether the Area has potential to interest the private sector in participating in rehabilitation, and whether the Area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes; and Whereas, the procedures set forth in Florida Statutes Section 166.041 have been followed, and proper notice has been provided in accordance with Florida Statutes Sections 376.80(1) and 166.041(3) (c) 2; now therefore, Be it Resolved By The Board of County Commissioners, Collier County, Florida: Section 1. The Board of County Commissioners finds the preamble hereof to be true and correct. AGENDA ITE. I~ Section 2. The area depicted on Exhibit A. attached hereto and incorporated herein by reference, is hereby designated as a Brownfield Area for rehabilitation for the purposes of Florida Statutes Sections 376.77- 376.84. Collier County shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render Collier County liable for costs of site rehabilitation or source removal, as those terms are defined in Florida Statutes Sections 376.77-376.84. Collier County shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section 376.80(3). However, such designation shall not render Collier County liable for costs of site rehabilitation or source removal, as those terms are defined in Florida Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those costs attributable to Collier County's role as administrator of a Brownfields site rehabilitation program and as a property owner within the designated Brownfield Area. Section 3. This resolution shall take effect immediately upon adoption. Passed and Adopted this day of ,2004. Board of County Commissioners: Approved as to form: Attest: County Attorney County Manager EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MAKING FINDINGS; DESIGNATING A BROWNFIELD AREA WITHIN COLLIER COUNTY FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve a resolution designating Brownfield Areas for rehabilitation and economic development purposes in Collier County. CONSIDERATIONS: Designate the Immokalee Enterprise Zone as a Brownfield Area. Brownfield sites are generally abandoned, idled, or under-utilized commercial or industrial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination. Designated Brownfields provide a variety of economic incentives, including: · $2,500 Job Bonus Refund for each new job created in a Brownfield Area by an eligible business. · Voluntary cleanup tax credits. · Cleanup liability protection. · Low-interest loans for assessment and cleanup. · Sales tax exemption on building materials. · State loan guarantees. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The designation of the Immokalee Enterprise Zone as a Brownfield Area is deemed to be consistent with the Economic Development element, the Future Land Use element, and the Immokalee Area Master Plan element of the Collier County Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the attached resolution designating the Brownfield Area for rehabilitation purposes of Sections 376.77-377.84. ~'-~T~am-mie J. ~]emec~kl Executive Director, Econbmic'Development C. ouncil of~l, lie~County Denton Baker, Director, Financial Administration and Housing JAN 2 ? 200~ REVIEWED BY: Date: David C. Weigel, County Attorney APPROVED BY:~~a Date: //.~/?:a~ (///Environmental Se;vices Divisito°nr' Community Development and AGE~A ITEM /od JAN 2 7 200q RESOLUTION NO. 04 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING SAFIRE AIRCRAFT COMPANY AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $1,330,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND BROWNFIELD AREA TAX REFUND PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a manufacturer and designer of a new generation light jet, specifically, Satire Aircraft Company; and WHEREAS, Satire Aircraft Company is currently considering moving its operation out of the State of Florida; and WHEREAS, Satire Aircraft Company is considering a move to Collier County, Florida; and WHEREAS, the 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 tax refunds to qualified targeted industries that create high-wage job opportunities, and WHEREAS, the State requires the applicant requesting certification as a qualified targeted industry business to provide, among other things, a resolution adopted by the Board of County Commissioners in which the proposed project is to be located, recommending that the target business be approved as a qualified target industry and that the commitment of local financial support necessary for the target business industry exists; and WHEREAS, these incentives will provide an inducement for Satire Aircraft to locate in Collier County; and WHEREAS, Satire Aircraft Company will create up to 700 net new jobs in Collier County by 2010; and the average wage for the additional jobs will total $46,491, which is 150% of the Collier County's 2002 average wage; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County JAN 2 7 200q Commissioners hereby recommends Satire Aircraft Company be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes, and BE IT FURTHER RESOLVED that the County has reviewed the public or private resources for local financial support and determined that the County can provide the necessary commitment of local financial support for Safire Aircraft as a Qualified Targeted Industry Business and Brownfield Area Tax Refund Program recipient. The QTI Tax Refund Program and Browntield Area Program have funding available for Satire Aircraft in the amount of up to $1,330,000; that this amount will therefore be so encumbered, and there be made available for payment from future revenues generated from the projected ad valorem taxes collected as a result of this project. Monies are to be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by Section 288.106, Florida Statutes. The necessary commitment of local tinanciai support shall be contingent on Satire Aircraft 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. DATED: ATTEST DWIGHT E BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS , Deputy Clerk By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney JAN 2 7 200q EXECUTI'VE SUMMARY APPROVAL OF AN AGREEMENT TO WATVE COSTS I'N THE FLAGG VS COLLXER COUNTY LAWSUIT, CASE #2:02-CV-274-FT.M-29 DNF, TN EXCHANGE FOR THE PLAINTI'FF'S AGREEMENT TO FOREGO THE RI'GHT OF APPEAL. OB]ECT]:VE: To receive settlement approval and/or further direction from the Board of Commissioners regarding an offer from the plaintiff to forego an appeal in the Flagg vs. Collier County lawsuit in exchange for the County's agreement to withdraw any claims for costs. CONS]:DERAT]:ONS.: On December 8, 2003 Collier County entered into a jury trial in the matter of Flagg vs. Collier County, Case#2:02-CV-274-FT.M-29DNF, in U.S Federal District Court in Fort Myers, Florida. The County is represented by Mark Levitt of the firm of Allen, Norton and Blue. The essence of the allegations was that Ms. Flagg was demoted from her position as Director of EMS and did not receive certain promotions because of her gender. Collier County denied those charges entirely and argued that the actions taken were for legitimate non-discriminatory reasons and therefore legal. The trial concluded on December 15, 2003 with a jury finding of no liability on the part of Collier County. Pursuant to the rules of civil procedure, the County has the right to pursue costs in the amount of approximately $11,000 as a result of the plaintiff's failure to prove her case. Further, the plaintiff has the right of appeal to the Eleventh Circuit Court of Appeals in Atlanta, GA. On Monday, .lanuary 12, 2004 defense counsel Hark Levitt received an offer from plaintiff's counsel wherein the plaintiff has offered to forego her right of appeal in exchange for the County's agreement to waive its right to pursue costs. Upon review, staff believes it is in the best interest of the County to accept the offer due to the potential demand on staff time; the direct and indirect resources needed to defend an appeal; and the desire to move forward. Further, any recovery of costs would first go to the excess carrier pursuant to policy provisions and thus, the incentive to pursue those costs has diminished economic value for the County. The excess carrier has agreed to accept the settlement. Therefore, if the Board accepts this settlement offer, the case will be closed. '~ F]:SCAL IMPACT: The lawsuit is covered by the County's excess insurance carrier (Northfield Insurance Company) and the County's $100,000 self-insured retention has been met. Pursuant to the provisions of the excess insurance policy, any recoveries received would first go to the excess carrier. GROWTH MANAGEMENTZMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is the recommendation of staff that the Board accept the plaintiff's offer to forego her right of appeal in the lawsuit titled, Flagg vs. Co/tier County, Case#2:02-CV- 274-FT.iVt-29DNF, in exchange for the County's agreement to waive its right to pursue costs. ~'-~lker, CPCU, ARM, Director, Risk Management Department William Mountford, Assistant/County Attorney AGENDA [jL'EM~ NO. EXECUTIVE SUMMARY TO REVIEW THE RESULTS OF THE "NAPLES PARK COMMUNITY PLAN" PUBLIC OPINION SURVEY FINAL REPORT PREPARED BY TRULLINGER ASSOCIATES, INC. AND CONSIDER THIS PROPOSAL DEAD OBJECTIVE: To forward to the Collier County Board of County Commissioners an after action report closing out staff involvement in the "Naples Park Community Plan" and summarizing the background, history, and associated costs of the project and the results of the community public opinion survey regarding the proposals presented in the "Naples Park Community Plan," to verify that survey results were statistically significant with a confidence level well within the acceptable margin of error, and to consider findings as set forth in the "Naples Park Community Plan Public Opinion Survey Final Report" prepared by Trullinger Associates, Inc (see attached). QUESTION PRESENTED: Should the Collier County Board of County Commissioners (the "BOCC") implement or fund the Naples Park Community Plan or any portion thereof? BRIEF ANSWER: No. A very large majority of the property owners in Naples Park were opposed to the plan in its entirety as well as the separate community improvement components set forth in the plan. Moreover, the majority of the property owners were opposed to community improvements that could be implemented with no or little direct cost to the property owners. CONSIDERATIONS: On April 13, 1999 the BOCC created the ad hoc Select Committee on Community Character and Design (the "Select Committee") and charged the committee with overseeing the development of "The Community Character Plan For Collier County, Florida" (the "Community Character Plan"). Pursuant to the recommendation of the Select Committee, in February 2000 the BOCC authorized the selection of Dover, Kohl & Partners to develop the Community Character Plan. On April 10, 2001 the BOCC adopted Resolution 2001-125 thereby "accepting the Collier County Community Character Plan and endorsing its general objectives." The Community Character Plan set forth one specific objective related to Naples Park in a section of the Plan entitled "Revitalizing Maturing Neighborhoods." More specifically, the Plan identified Naples Park as an "excellent example to study." The Plan noted that Naples Park was a good neighborhood that could be made into a great neighborhood. Dover, Kohl, in conjunction with the Select Committee, set forth steps for revitalizing Naples Park in a ten-page section of the Community Character Plan that was accepted by the BOCC. In order to implement the Community Character Plan, Recommendation 6.a. stated that the BOCC should "AIIocate $250,000 annually beginning next fiscal year from the unincorporated municipal service taxing district to fund community planning studies." In the spirit of this recommendation to implement the Community Character Plan, the BOCC allocated $250,000 in fiscal year 2002- 03 to fund the Naples Park Community Plan. The Naples Park Community Plan was based on the broad concepts from the Community Character Plan. From the inception of the community planning process, input was solicited from Naples Park property owners, residents, business owners and other affected parties. In order to facilitate community input in the Naples Park Community Plan process, Dover, Kohl & Partners asked the Naples Park community to share their concerns and ideas for the future. A weeklong community planning workshop was held in Naples Park in Novel., workshop included interactive design sessions where property owners, residents, business owners and affected parties worked in small groups and drew ideas for Naples Park. Furthermore, an on-site design studio was set up at the Naples Park Community Center wherein many residents provided input to help guide the development of the Naples Park Community Plan. Public presentations were held on February 6, 2003 and April 29, 2003 to allow property owners, residents, business owners and other affected parties the opportunity to understand the draft plan that incorporated the ideas from the November weeklong community planning workshop. Furthermore, all attendees were given the opportunity to provide verbal and/or written support or critiques of the ideas set forth in the draft plan. The Naples Park Community Plan that resulted from this community planning process contains a menu of improvements. This menu contains both regulatory and physical changes, where detailed implementation strategies are set forth with specificity. The Plan contains nine major ideas that are summarized in the "Executive Summary" section of the Plan. Prior to any implementation of the Plan or any portion thereof, a formal polling process (survey) was delineated as a condition precedent to determine the preferences of property owners pertaining to the proposed regulatory and physical improvements. This formal polling process (survey) was to occur prior to any decisions made by the BOCC regarding implementation, financing alternatives and assessments to pay for any such improvements. The Plan is the Naples Park property owners' guidebook to help steer the future development of Naples Park. However, the survey was the control mechanism that would allow property owners to determine which improvements, if any, are implemented and how these improvements would be financed. On September 23, 2003, the BOCC was briefed on the findings of the Plan, which included the substantive aspects of the nine major ideas set forth in the Plan's Executive Summary. Implementation strategies and associated costs were discussed with specificity. Moreover, it was emphasized to the BOCC that no costs would be borne by any Naples Park property owner unless specifically authorized per a formal written mail-out survey that would be developed by a consultant. Results would be tabulated independent of county staff. In the spirit of the Plan's overall objective of allowing Naples Park property owners to steer the future development of Naples Park, Community Planning and Redevelopment Staff developed the protocol for hiring an independent polling expert/consultant. Pursuant to Collier County procedures for Requests for Quotes (RFQ), Trullinger Associates, Inc. was hired to develop the Naples Park Community Plan Survey and undertake the formal polling and tabulation process. Trullinger Associates, Inc., pursuant to the terms of the RFQ, undertook the following activities prior to the BOCC meeting on September 23, 2003: 1. Met with both stakeholder groups to identify issues and concerns related to survey preparation. 2. Hosted a public meeting at St. John The Evangelist Catholic Church. Approximately 300 people were in attendance wherein opinions were expressed pertaining to the Naples Park Community Plan and the proposed survey. 3. Prepared a draft survey based on comments from County staff, stakeholders and the general public. 4. Conducted a telephone validation survey of fifty (50) property owners to test the wording of the survey to determine if any changes were warranted to clarify the content of each survey question. It was also determined that the survey took approximately 5 minutes to complete, which was a good indication that the survey was understandable and not to time consuming or burdensome to - AGENDa. iTEM No. I(,~0 \ JAN 5. Modified the survey based on public input and the results of the telephone validation survey. 6. Presented the modified survey to the BOCC on September 23, 2003. At the September 23, 2003 BOCC meeting, the BOCC unanimously voted to exclude the survey question pertaining to Code Enforcement. That was the only substantive change made by the BOCC. On October 8, 2003, the final survey was mailed to the 2,779 property owners in Naples Park. Property owners were given until 5:00 P.M. on December 10, 2003 to return their survey in the enclosed business reply envelope. At the close of business on December 10, 2003, Trullinger Associates, Inc. had received 1,512 responses. On December 11th and 12th, Trullinger Associates, Inc. tabulated results of the survey in an open public atmosphere in the large recreation room at Veterans Park. Each stakeholder group was allowed one representative to sit in close proximity to tabulation table. Jim Trullinger, County staff, and a stakeholder representative reviewed any questionable or problem survey in tandem. Mutually agreeable decisions were made with respect to each questionable or problem survey. At the end of each day, affected stakeholders were provided with an unofficial tabulation of survey results as applied to the plan's entirety. These results were provided with the general proviso that nothing would be official until all of the results were validated in the upcoming week. On December 30, 2003, Trullinger Associates, Inc. provided Collier County with the attached "Naples Park Community Plan Public Opinion Survey Final Report." The findings set forth in the report indicate that a significant majority of the property owners in Naples Park have rejected implementation and/or funding of the plan in its entirety as well as any portion thereof. Moreover, the survey results are well within the statistically sound acceptable margin of error. FISCAL IMPACT: The total amount of county funds expended for the preparation of the Naples Park Community Plan and accompanying survey is approximately $254,000. Of that amount, $233,000 was remitted to Dover, Kohl & Partners to prepare the Naples Park Community Plan. Approximately $21,500 of the $25,000 budgeted in FY04 will be remitted to Trullinger Associates, Inc. for survey preparation and validation. Staff time and operating expenses associated with this community planning initiative were funded by appropriations in the MSDT General Fund (111) in FY03. Continuing staff support for this project in FY04 will be absorbed in current appropriations. GROWTH MANAGEMENT IMPACT: Objective 4 of the Future Land Use Element of the Growth Management Plan states that "[f]uture studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. The Naples Park Community Plan preparation was consistent with Objective 4 as the plan addressed a specific geographic area and pertinent issues raised by property owners in that geographic area. RECOMMENDATION: Recommendation that the Board of County Commissioners consider the findings as set forth in the Naples Park Community Plan Public Opinion Survey Final Report prepared by Trullinger Associates, Inc. and endorse staff's recommendation to not implement or fund the Naples Park Community Plan or any portion thereof. As this initiative requires no further action, staff recommends that the Board of County Commissioners consider the proposal dead. AGENBe~ I1 ~, No. If ¢ _ JAN 2., Pg. PREPARED BY' , RANDY COHEN, MANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE REVIE~/ED BY: . . sTAN LITSINGER. AICP DATE COMPREHENSIVE PLANNING DEPARTMENT DIRECTOR APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE -4- JAN 2 ? 2004 Presents Collier County Government "NAPLES PARK COMMUNITY PLAN" PUBLIC OPINION SURVEY FINAL REPORT Submitted December 30, 2003 2706 South Horseshoe Drive, Suite 110 · Client Hotline: (800) 278-5004 · FAX: (239) 591-0305 www.taresearch.com · www.cssurveys.com E-Mail: marketing@taresearch.com Naples, Florida 34104-6154 JAN 2. 7 ~0~J~ Trullinger Associates, Inc.,'" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report TABLE OF CONTENTS Click on pa,qe number to jump to section of report. EXECUTIVE SUMMARY .................................................................................... 4 II. INTRODUCTION & METHODOLOGY ............................................................... 5 II1. COMMENTARY ON RESEARCH FINDINGS ................................................... 7 IV. HIGHLIGHTS OF RESEARCH FINDINGS ....................................................... 9 V. DETAILED RESEARCH FINDINGS ................................................................ 10 PROPOSED TRAFFIC CALMING MODIFICATIONS ........................................... 11 PROPOSED CONSTRUCTION OF COMMUNITY SQUARES (NEIGHBORHOOD PARKS) ................................................................................................................ 13 PROPOSED ESTABLISHMENT OF A NEW 81/2 STREET ................................... 15 PROPOSED STREET MODIFICATIONS ALONG 6TH, 7TH, AND 8TH STREETS.. 16 PROPOSED DRAINAGE MODIFICATION ALONG AVENUES ........................... 18 PROPOSED PLANTING OF OAK TREES ALONG AVENUES ........................... 21 PROPOSED SIDEWALKS ALONG AVENUES .................................................... 23 PROPOSED STREET LIGHTING ALONG AVENUES ......................................... 25 PROPOSED ON-STREET PARKING FOR AVENUES ........................................ 27 PROPOSED CREATION OF A "ZONING OVERLAY" FOR NAPLES PARK ...... 29 AGENDA ITEM. .}A!~ Z 7" '" Trullincjer Associates, Inc.'" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report SUMMARY OF VIEWS ON THE PROPOSED "NAPLES PARK COMMUNITY PLAN" 31 Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 4 I. EXECUTIVE SUMMARY Trullinger Associates, Inc.TM (TAI) recently conducted a public opinion survey for Collier County Government among property owners in Naples Park. The topic was the proposed "Naples Park Community Plan." Following extensive community input on survey design, on October 8, 2003, we mailed a four-page questionnaire to 2,779 property owners of record. We set a response deadline of December 10, 2003 and received 1,512 responses (54.4%). Survey data reported herein has a maximum margin of error, at the 99% confidence level, of +/- 2.23698 percentage points. Our major findings and impressions may be summarized as follows' There is ample evidence in survey data of majority (57.9%) opposition to the proposed "Naples Park Community Plan." However, a large minority (41.5%) of residents supported all or part of the Plan. This pattern of majority opposition/minority support generally held (with varying margins) for all questions on individual improvements (such as drainage, traffic calming, zoning, etc.). In other words, a majority opposed all proposed community improvements, including those involving no or little direct cost to property owners, but a si.qnificantly lar.qe minority favored individual improvements. OPINION: Survey results elucidate that those in Naples Park who presume to speak for the community certainly do not speak for all. TAI suggests that the BCC be guided by majority rejection of the proposed Plan, but somehow recognize the importance of the minority view in favor of community improvement and search for some new middle ground of consensus around sensible next steps for Naples Park. 4********* ITEM," 200~. i Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report II. INTRODUCTION & METHODOLOGY. Collier County Government hired Trullinger Associates, Inc? (TAI) to assist in researching public opinion in Naples Park regarding the proposed "Naples Park Community Plan." This project, which we call the "Naples Park Community Plan" Public Opinion Survey aimed to achieve the following: Survey Preparation - including meetings with Collier County Government personnel, review of Dover-Kohl & Partners proposed Plan, review of BCC minutes, work on property ownership list. Public outreach -including meetings with stakeholders for and against the proposed Plan, a large public informational meeting, and liaison with the county's Public Information Coordinator. · Preparation and revision of draft survey based on comments from the public and Collier County Government. · Validation of draft questionnaire using telephone interviewing methodology. · Mailing of questionnaires, receipt of responses, tabulation of results, and submission of final report. A word on the methodology used for this project. Within days of being hired by Collier County Government, TAI studied the Dover, Kohl & Partners proposed "Naples Park Community Plan," and set up meetings with groups of stakeholders in favor of and opposed to the Plan. We met with each side to discuss ideas for the survey. That same week, we hosted a public meeting at a local church in Naples Park. An estimated 300 people were in attendance. Most were courteous and expressed opinions about the proposed Plan and the survey, but some were insulting, rude, and threatening in manner. Many at the meeting seemed to have the impression that TAI was, ipso facto, in favor of the proposed Plan because we were hired by the county, that we planned to "fix" survey results, and that our objective was to confuse the public by offering a "menu-style" questionnaire. AGENOA ITE~ Trullinger Associates, Inc.TM Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report Despite our assurances that TAI had no direct interest in the future of Naples Park and was interested in only one thing - administration of a fair and honest survey - many seemed skeptical. After the series of meetings, TAI formulated a draft questionnaire and posted it at our website. We received a number of e-mail and telephoned comments, several of which were of a constructive nature - but most of which were hostile or for other reasons useless to us. We also hosted two more meetings with pro- and con- stakeholder representatives to discuss the draft questionnaire. Following these meetings, we slightly revised the draft, posted revisions at our website, and proceeded to conduct the telephone validation. Telephone validation involved trained telephone interviewers placing more than 1,000 calls and completing 50 interviews using the revised draft questionnaire. Our objective here was not to collect survey data, but to test wording and clarity of the questions. We carefully monitored interviews as they progressed, listening for areas of possible misunderstanding. For many interviews, after asking each question, we asked respondents if the question was clear and whether there were any words or phrases difficult to understand. We also timed the average length of interview, which was approximately 5 minutes - a good indication that the questionnaire would not be too time-consuming and burdensome to complete. Although it is risky to draw conclusions about validity of a mail questionnaire based on non-mail (i.e., telephone interviewing) validation methodology, we feel that the validation effort revealed no serious flaws in the draft questionnaire. Of course, we did tighten up on wording of some questions based on the validation process, but substantial revisions were not required, in our professional opinion, and none made. Before our presentation to the BCC on the proposed survey, we prepared additional questionnaire drafts (with minor revisions), and at the BCC meeting, commissioners made two additional minor changes (including dropping of one question). With BCC approval of the final draft questionnaire, we proceeded to print the questionnaires and prepare the mailing. On October 8, 2003, we mailed to 2,779 property owners, some reportedly owners of multiple lots. On each questionnaire mailed, we affixed a label with a security jAN 2 7 ~0.rJ, Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report number (linked in our confidential files to property owner name) and a lot count determination (based on work by TAI and county personnel on the list). The four- page questionnaire mailed out with a business reply envelope (except for mailings to international property owners, to whom we sent a return envelope requiring airmail postage). By our deadline of December 10, 2003 at 5:00 PM, we had received 1,512 responses to our mailing to 2,779 property owners. We tabulated all but a handful of these (excluded was one returned blank and several duplicates, discarded with concurrence of representatives of the county and the con- stakeholder representative). Based on our formulae, we calculate that the maximum margin of error for survey data is as follows: At the 90% confidence level, +/- 1.428506 percentage points; at the 95% confidence level, +/- 1.70205 percentage points; and at the 99% confidence level, +/- 2.23698 percentage points. In our professional opinion, county government personnel may definitely view this data as statistically significant and actionable as a fair "snapshot" of public opinion in late 2003 about · -- certain parts of the proposed "Naples Park Community Plan." Our report of survey data follows, beginning in section III with "Commentary on Research Findings," and continuing in section IV, "Highlights of Research Findings" and section V, "Detailed Research Findings." Note that numbers are weighted by number of lots owned, hence fractional counts. We did not tabulate blank and duplicate answers, hence varying totals. As promised the BCC, we also present data that does NOT include the very small number Of "Not Sure/Don't Know" responses. Trullinger Associates, Inc.TM looks forward to working with Collier County Government on future public opinion research projects. III. COMMENTARY ON RESEARCH FINDINGS. Trullinger Associates, Inc.TM is in no position to determine whether Collier County should pursue any community improvements in Naples Park. That is the BCC's Trullinger Associates, Inc,TM Collier County Government "Nap/es Park Community Plan" Public Opinion Survey - Final Report 8 political decision. However, based on results of the "Naples Park Community Plan" Public Opinion Survey, we might offer the following... OPINION' There is ample evidence in survey data of majority (57.9%) opposition to the proposed "Naples Park Community Plan." However, a large minority (41.5%) of residents supported all or part of the Plan. This pattern of majority opposition/minority support held (with varying margins) for all questions on individual improvements (such as drainage, traffic calming, zoning, etc.). In other words, a majority opposed all proposed community improvements, including those involving no or little direct cost to property owners, but a si.qnificantly large minority favored individual improvements. If nothing else, this survey goes far to remind us that those in Naples Park who presume to speak for the community certainly do not speak for all. Indeed, we are reminded of James Madison's prescient warnings in Federalist Number 10 about the dangers of factions and majority rule, to wit: "When a majority is included in a faction, the form of popular government...enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed." In our view, the BCC would do well to view the Naples Park controversy as an instructive case study in factional politics. TAI suggests viewing survey results and planning future actions related to Naples Park in light of Madison's warnings and, indeed, Alexis de Tocqueville's concern that our system's virtues - its creativity, civic participation, and taste - would be endangered by a "tyranny of the majority." Tocqueville's fear was that minority rights might find themselves sacrificed at the altar of majority rule. AC_~N~A ITEM JAN 2 7 2004 Trullinger Associates, Inc."" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 9 In a spirit of reconciliation aimed at healing the wounds in Naples Park, we call upon the BCC to take an enlightened view of survey data: Be guided by the majority rejection of the proposed Plan, but somehow recognize the importance of the significantly large minority view in favor of community improvement and search for some new middle ground of consensus around sensible next steps for the good people of Naples Park. IV. HIGHLIGHTS OF RESEARCH FINDINGS. We now report highlights of research findings, by question. Our first question concerned proposed traffic calming modifications. survey found 20.3% favored the proposals and 62.1% opposed. The We asked about proposed construction of Community Squares (nei.qhborhood parks). 18.1%% of respondents indicated that they favored the proposal, while -7 O /4.3 Fo opposed it. Next, we asked about establishment of a new 81A, Street. 23.8% favored the proposal, and 69.4% opposed it. Our next question focused on proposed street modifications along 6th, 7th, and 8th Streets. In favor of the proposal were 26.7%, and opposed 68.3%. Respondents voiced opinions on the two proposed options for drainaqe modification alonq avenues. Favoring Option 1 (the more comprehensive underground drainage package) were 25.6%, while favoring Option 2 (drainage- only modification) were 9.3%. Opposed to both proposed options were 59.1%. 19.5% of respondents favored plantinq of large oak trees alon.q avenues, while 73.1% opposed the proposal. AGEg, E)A ITEM, JAN27 ~-~'~ Trullinger Associates, Inc.,M Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 10 We next surveyed preferences about the proposed concrete sidewalks alono avenues. In favor of the proposal were 25.3% of respondents, while 67.8% opposed the proposal. Our next question asked about street li_qhtinq alon,q avenues. 25.9% favored the proposal, while 66.1% opposed it. 11% of respondents favored on-street parkin.cI for avenues, while 81.5% opposed the proposal. In our next question, we asked respondents creation of a "zoninq overlay" for Naples Park. 66% opposed it. to voice opinions on proposed 21% favored the proposal, while Finally, we asked those completing the questionnaire to summarize their views on the proposed "Naples Park Community Plan." 7.4% favored the entire proposed Plan; 48.4% opposed the entire proposed Plan; 2.1% favored the entire Plan but want further study; 25.1% favored certain parts of the proposed Plan; 6.9% favored certain parts of the proposed Plan and want further study; 4.1% opposed the entire Plan but want further study; and 5.4% opposed the entire Plan and want no further study. Note that a total of 41.5% favored all or part of the proposed Plan, and 57.9% opposed the proposed Plan. We direct readers' attention to the following section for a complete report of findings. V. DETAILED RESEARCH FINDINGS. We now report detailed data by question. Trullinger Associates, Inc.~" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 11 Proposed Traffic Calming Modifications Our first question concerned the proposed traffic calming modifications. question was as follows' The "The proposed Plan suggests traffic calmin.q modifications, to include four mini-roundabouts along 7th and 8th Streets, and narrowing points on 107th and 108th Avenues to slow traffic. After traffic calming is in place on the two avenues, the proposed Plan calls for re-opening of presently closed avenues so traffic headed to business destinations would not detour into surrounding neighborhoods. The cost to all property owners would depend upon amount of county funding, if any. What BEST DESCRIBES your opinion of these proposed modifications? (check one) [] I am in favor of this proposal. [] I am opposed to this proposal. [] I am in favor of traffic calming modifications but not re-opening presently closed avenues. [] I am opposed to traffic calming modifications but in favor of re- opening presently closed avenues. [] I believe there should be further study of traffic calming before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 1): AGENDA ITF_M Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 12 Proposed Traffic Calming Modifications 70.0%- 60.0%- 50.0%- 40.0%- 30.0%- 20.0%- 10.0%- 0.0% I'1 Favor 20.3% · Opposed 62.1% [-1 Favor, no re-opening 4.3% [] Opposed, re-opening 7.2% OK · Further study 3.6% r-I Not sure 2.5% r'3 Favor · Opposed [] Favor, no re-opening [] Opposed, re-opening OK · Further study r'l Not sure Figure 1 Proposed Traffic Calminq Modifications If we do NOT include the 52 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 1): Response In favor Number 427.8 Opposed 1309.3 63.7% In favor, but not re- 90.9 4.4% opening closed avenues Opposed, but favor 150.7 7.4% Percentage 2O.8% Trullinger Associates, Inc.," Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 13 re-opening closed I ] ~ avenues / I Table 1 Proposed Traffic Calming Modifications (NOT including "Don't know/Not sure" Responses) Proposed Construction of Community Squares (Neighborhood Parks) Our next question concerned the proposed construction of Community Squares. The question was as follows: "The proposed Plan suggests construction of Community Squares (nei.qhborhood parks), at one or more locations in Naples Park (each possibly developed by the private sector in exchange for permission to build up to 12 units of single-family attached housing on 5 of 8 adjacent lots and a community square on the remaining 3 of the 8 adjacent lots). The proposed Plan sets forth NO projected cost to property owners (private sector funding is said to pay). What BEST DESCRIBES your opinion of this proposed construction? (check one) [] I am in favor of this proposal· [] I am opposed to this proposal· [] I believe there should be further study of Community Squares (neighborhood parks) before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 2): ,.~AN 2 7 2rd0~ i Trullinger Associates, Inc.,M Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 14 Proposed Community Squares (Neighborhood Parks) [] Further Study I-I Not Sure 4.6% 3.0% [] Favor 18,1% [3Favor · Opposed [] Further Study ID Not Sure · Opposed 74.3% Figure 2 Proposed Construction of Community Squares (neiqhborhood parks) If we do NOT include the 64.1 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 2): Response In favor Opposed Further study Number 386.8 1588.7 ~97.7 Percentage 18.7% 76.6% Table 2 Proposed Construction of Community Squares (nei.qhborhood parks) (NOT includinq "Don't know/Not sure" Responses) AGENDA 1TF_h4 JAN Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report pr__Eq_p_osed Establishment of a New 81/2 Street 15 This question focused on the proposed establishment of a new 81/2 Street. question was as follows' The We report data below (Figure 3): Proposed Establishment of a New 81/2 Street [] Further Study [] Not Sure 3.9% 2.9% Favor 23.8% · Opposed 69.4% r-i Favor IOpposed E] Further Study f-I Not Sure Figure 3 Proposed Establishment of a New 81/2 Street If we do NOT include the 62.5 "Don't know/Not sure" change slightly, as shown in the following table (Table 3): responses, percentages Trullinger Associates, Inc.T~ Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 16 Re~es~onse Number I Percentage In favor '-- 512.5 ~ 24.5% _ .5% Table 3 ,proposed Establishment of a New 81/2 Street (NOT includinq "Don't know/Not sure" Responses) Proposed Street Modifications AlonR 6th, 7th, and 8th Street~ This question concerned proposed street modifications on three Naples Park streets. The question was as follows: "The proposed Plan suggests a series of street modifications alon.q 6th 7th, and 8th Streets, to include underground drainage, street trees, ' sidewalks, and street lights. The cost to all property owners would depend upon amount of County Matching Funds, if any, and availability of other public funding. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot: $1,500 - $3,000 (payable when construction is complete, in one lump sum OR over 20 years, with added interest). What BEST DESCRIBES your opinion of this series of proposed modifications? (check one) I am in favor of this proposal. I am opposed to this proposal. I believe there should be further study of street modifications before making any changes. I am not sure about this proposal OR I don't know." Trullinger Associates, Inc.'~ Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 17 We report data below (Figure 4): Proposed Street Modifications Along 6th, 7th, and 8th Streets [] Not Sure 1.8% Favor 26.7% lEI Favor · Further Study [] Opposed [] Not Sure [] Opposed 68.3% · Further Study 3.2% Figure 4 Proposed Street Modifications Alonq 6th~ 7th, and 8th Streets If we do NOT include the 40.8 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 4)' AGF_NOA ITEM Trullinger Associates, Inc.TM Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 18 Response N u m ber Percentage In favor 575.3 27.1% Opposed 1470.9 69.7% Table 4 Proposed Street Modifications Alonq 6th~ 7th~ and 8th Streets (NOT includinq "Don't know/Not sure" Responses) Proposed Draina.qe Modification Along Avenues This question focused on the two proposed drainage options for avenues in Naples Park. The question was as follows' "The proposed Plan suggests TWO OPTIONS for drainaqe modification alonq avenues in Naples Park. OPTION 1: Underqround Drainaqe Packaqe. This would include installation along avenues of 24-inch drainage pipe in ditches, drainage inlets, adjustment of water and sewer laterals, repair of driveways, filling the ditch, and planting of sod. The cost to all property owners would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot for this drainage option: $4,000 - $8,000 (payable when construction is complete, in one lump sum OR over 20 years, with added interest). Note that, according to the proposed Plan, these proposed drainage modifications would be required before other proposed avenue modifications (tree planting, sidewalks, street lighting, on-street parking) could proceed. Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 19 OPTION 2: Draina.qe-Onl¥ Modification. This would include re- grading (but not elimination) of existing ditches and replacing undersized or damaged culvert pipes in about 1/3 of Naples Park. The cost to all property owners would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot: $500 - $1,000 (payable when construction is complete, in one lump sum OR over 20 years, with added interest). Note that, according to the proposed Plan, these drainage modifications would NOT allow other proposed avenue modifications (tree planting, sidewalks, street lighting, on-street parking). What BEST DESCRIBES your opinion on the two drainaqe modification options (with all property owners payin.q some portion or all of the cost)? (check one) [] I am in favor of OPTION I (Underground Drainage Package), which, according to the proposed Plan, would allow for other avenue modifications (trees, sidewalks, etc.). [] I am in favor of OPTION 2 (Drainage-Only Modification), which, according to the proposed Plan, would NOT allow other avenue modifications (trees, sidewalks, etc.). [] I am opposed to both proposed options. [] I believe there should be further study of drainage before making any changes. [] I am not sure about the proposed options OR I don't know." We report data below (Figure 5): Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 20 Proposed Drainage Modifications Along Avenues 60.0%- 50.0%- 40.0%- 30.0%- 20.0%- 10.0%- 0.0% [] Favor Option I 25.6% · Favor Option 2 9.3% [] Opposed 59.1% [] Further Study 4.2% · Not Sure 1.8% [] Favor Option 1 · Favor Option 2 E] Opposed [] Further Study · Not Sure Figure 5 Proposed Drainaqe Modifications Alonq Avenues If we do NOT include the 38.7 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 5): Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 21 Response N umber Percentage In favor of Option I 554.3 26.0% In favor of Option 2 201.6 9.5% Oppose both I 1281.6 I 60.2% proposed options [ [ . Table 5 Proposed Drainaqe Modifications Alonq Avenues (NOT includinq "Don't know/Not sure" Responses) Proposed Planting of Oak Trees Alon.q Avenues We asked about the proposed planting of large oak trees along avenues (contingent on approval of proposed drainage Option 1). The question was as follows: "The proposed Plan suggests plantin.q one lar.qe oak tree every 25 feet alonq avenues. According to the proposed Plan, this would require approval of the above-described Underground Drainage Package (OPTION 1)~ The cost to all property owners for tree planting would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot (in addition to cost of Underground Drainage Package): $600 - $1,200 (payable when construction is complete, in one lump sum or over 20 years, with added interest). What BEST DESCRIBES your opinion of the proposed tree plantin_cl alon.q avenues? (check one) I am in favor of tree planting along avenues if the Underground Drainage Package is approved. ----.._._ AC.-~r_NO A ITEM :!AN 2 7 2004 Trullinger Associates, Inc.,- Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 22 [] I am opposed to tree planting along avenues if the Underground Drainage Package is approved. [] I believe there should be further study of tree planting along avenues before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 6): Proposed Planting of Oak Trees Along Avenues [] Further Study [] Not Sure 4.8% 2.6% [] Favor 19.5% Opposed Further Study Not Sure · Opposed 73.1% Figure 6 Proposed Plantinq of Oak Trees Alonq Avenues If we do NOT include the 56.2 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 6)' AGENOA iTF_~/ .lAN 2 7 2004 Trullinger Associates, Inc.'" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report Response Number I Percentage In favor 418.8 / 20.0% Opposed I 1573.7 I 75'1% 23 Table 6 Proposed Plantinq of Oak Trees Alonq Avenues (NOT includinq "Don't know/Not sure" Responses) Proposed Sidewalks Alon.q Avenues We asked about the proposed sidewalks along avenues (contingent on approval of proposed drainage Option 1). The question was as follows: "The proposed Plan suggests 5-foot wide concrete sidewalks alonq both sides of avenues. According to the proposed Plan, this would require approval of the above-described Underground Drainage Package (OPTION 1). The cost to all property owners for sidewalks along avenues would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot (in addition to cost of Underground Drainage Package): $150 - $300 (payable when construction is complete, in one lump sum or over 20 years, with interest added). What BEST DESCRIBES your opinion of the proposed sidewalks alon.q avenues? (check one) [] I am in favor of sidewalks along avenues if the Underground Drainage Package is approved. [] I am opposed to sidewalks along avenues if the Underground Drainage Package is approved. Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 24 [] I believe there should be further study of sidewalks along avenues before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 7)' Proposed Sidewalks Along Avenues [] Further Study 4.6% [] Not Sure 2.3% I-'1 Favor 25.3% o Favor · Opposed [] Fu~her Study [] Not Sure · Opposed 67.8% Figure 7 Proposed Sidewalks Alonq Avenues If we do NOT include the 49 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 7): .JAN 2 7 2004 Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report Response ~- Number ~ Percentage I In fav~- -- ~- ~ ~ ~)- --ose~~ ~ 145~4 / 69,4~ Table 7 25 Proposed Sidewalks Alon.q Avenues (NOT includinq "Don't know/Not sure" Responses) Proposed Street Li.qhtin_cl Alon.q Avenues We asked about the proposed street lighting along avenues (contingent on approval of proposed drainage Option 1). The question was as follows: "The proposed Plan suggests street li.qhtin.q alon.q avenues (one 12-15- foot fixture every 100 feet, both sides). According to the proposed Plan, this would require approval of the above-described Underground Drainage Package (OPTION 1). The cost to all property owners for street lighting along avenues would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated dost range per 50-foot lot (in addition to cost of Underground Drainage Package): $250 - $500 (payable when construction is complete, in one lump sum or over 20 years, with added interest). What BEST DESCRIBES your opinion of the proposed street li(~htinq alon.q avenues? (check one) [] I am in favor of street lighting along avenues if the Underground Drainage Package is approved. [] I am opposed to street lighting along avenues if the Underground Drainage Package is approved. ~,GE,NOA ITF__M ! jAN 2 '? ~00~. Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 26 [] I believe there should be further study of street lighting along avenues before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 8)' Proposed Street Lighting Along Avenues [] Further Study 5.2% [] Not Sure 2.8% [] Favor 25.9% ell Favor · Opposed II Further Study El Not Sure [] Opposed 66.1% Figure 8 Proposed Street Li,qhtin,q Alon,q Avenues If we do NOT include the 59.1 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 8): AGENDA iTEM Trullinger Associates, Inc.'" Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 27 R_es_ponse ~ Number Percentage In fav~ [ ~ 26.6% Table 8 Proposed Street Li.qhtinq Alonq Avenues (NOT includinq "Don't know/Not sure" Responses) Proposed On-Street Parkin.q for Avenues We asked about the proposed on-street parking for avenues (contingent on approval of proposed drainage Option 1). The question was as follows: "The proposed Plan suggests on-street parkin.q for avenues (8-foot wide parallel parking strip, each side). According to the proposed Plan, this would require approval of the above-described Underground Drainage Package (OPTION 1). The cost to all property owners for avenue on- street parking would depend upon amount of County Matching Funds, if any. Based on actual amount of such funding, if any, and actual costs, estimated cost range per 50-foot lot (in addition to cost of Underground Drainage Package): $50 - $100 (payable when construction is complete, in one lump sum or over 20 years, with interest added). What BEST DESCRIBES your opinion of the proposed on-street parkin.q for avenues? (check one) [] I am in favor of on-street parking for avenues if the Underground Drainage Package is approved. [] I am opposed to on-street parking for avenues if the Underground Drainage Package is approved. JAN 2 7 200~. a._31 Trullinger Associates, Inc.TM Collier County Government "Naples Park Community Plan', Public Opinion Survey - Final Report 28 [] I believe there should be further study of on-street parking for avenues before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 9): Proposed On-Street Parking for Avenues [] Further Study FINot Sure [] Favor 4.6% 2.9% 11.0% [] Favor IOpposed •FuHher Study D Not Sure IOpposed 81.5% Figure 9 Proposed On-Street Parkinq for Avenues If we do NOT include the 61.9 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 9): JAN 2 7 200~ Trullinger Associates, Inc.'" Collier County Government · 'Naples Park Community Plan" Public Opinion Survey - Final Report 29 I Response Number Percentage In favor 236.5 11.3% Opposed 1753 84.0% Table 9 Proposed On-Street Parkin.q for Avenues (NOT includin.q "Don't know/Not sure" Responses) Proposed Creation of a "Zonin.q Overlay" for Naples Park We asked about the proposed creation of a "zoning overlay" for Naples Park. The question was as follows: "The proposed Plan suggests creation of a "zonin.q overlay" for Naples Park. A "zoning overlay" would require creation of special rules tailored just for Naples Park that might, for example, allow front porches to extend into yards, modify current height and setback regulations for new construction, reduce the allowed amount of paved parking area in front yards of larger lots, etc. The cost to property owners for creation of a "zoning overlay" is not estimated in the proposed Plan. What BEST DESCRIBES your opinion of the proposed creation of a "zoninq overlay" for Naples Park? (check one) [] I am in favor of creation of a "zoning overlay" for Naples Park. [] I am opposed to creation of a "zoning overlay" for Naples Park. [] I believe there should be further study of creation of a "zoning overlay" for Naples Park before making any changes. [] I am not sure about this proposal OR I don't know." We report data below (Figure 10): UU~ Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 30 Proposed Creation of "Zoning Overlay" for Naples Park J r'] Favor --I Further Study [] Not Sure · Opposed 8.6% 4.4% [] Favor 21.0% D Further Study r-I Not Sure · Opposed 66.0% Figure 10 Proposed Creation of "Zoninq Overlay" for Naples Park If we do NOT include the 97 "Don't know/Not sure" respons'es, percentages change slightly, as shown in the following table (Table 10)' Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 31 Response In favor Number Percentage 464.5 22.0% _O_pp_osed 1457.5 69.0% 190.6 9.O% Table 10 Proposed Creation of "Zonin.q Overlay" for Naples Park (NOT includin,q "Don't know/Not sure" Responses) Summary of Views on the Proposed "Naples Park Community Plan" The final question in our survey asked respondents to summarize their views about the proposed Plan. The question was as follows: "Summary of Your Views on the Proposed "Naples Park Community Plan"' Thinkinq about the proposed "Naples Park Community Plan," many parts of which are covered in the above questions, which of the followinq statements BEST DESCRIBES your overall opinion about it? (check one) [] I am in favor of the entire proposed Plan. [] I am opposed to the entire proposed Plan. [] I am in favor of the entire proposed Plan but believe that there should be further study on how to improve Naples Park. [] I am in favor of certain parts of the proposed Plan, as indicated by my answers to the above questions. [] I am in favor of certain parts of the proposed Plan and believe that there should be further study on how to improve Naples Park. [] I am opposed to the entire proposed Plan but believe there should be further study on how to improve Naples Park. Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 32 [] I am opposed to the entire proposed Plan and believe there should be NO further study on how to improve Naples Park. [] I am not sure about the proposed Plan OR I don't know." We report data below (Figure 11 ): · 48.4% Summary of Views on Proposed Plan O7.4% [-i 0.6o/,~ 5.4% I-I 4.1% ·6.9% lEI Favor Entire Plan IlOppose Entire Plan · lEI Favor PlanANant More Study [] Favor Pads of Plan · Favor Pads of PlanRVant More Study [] Oppose Ptan/VVant More Study · Oppose PlanANant No More Study [] Not Sure Figure 11 Summary of Views on Proposed "Naples Park Community Plan" For clarity, here is data from Figure 11 presented in table form (Table 1 1): Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report Response In favor of-~e proposed Plan ~pposed~ entire [_proposed Plan ~n favor of entire i Plan, but want 1 further study __ ;favor of certain arts of proposed Plan In favor of certain parts of proposed Plan and want further study -Opposed to entire proposed Plan, but want further study Opposed to entire proposed Plan and want no further ~study ' Not sure Number 152.6 1002.6 43.2 520.4 143 Percentage 7.4% 48.4% 2.1% 25.1% 6.9% 85.4 4.1% 113.3 5.4% Table 11 Summary.of Views on Pro~les Park Community Plan" 33 If we do NOT include the 13 "Don't know/Not sure" responses, percentages change slightly, as shown in the following table (Table 12): Trullinger Associates, Inc? Collier County Government "Naples Park Community Plan" Public Opinion Survey - Final Report 34 Response In favor of entire proposed Plan Opposed to entire proposed Plan In favor of entire Plan, but want further study In favor of certain parts of proposed Plan In favor of certain parts of proposed Plan and want further study Opposed to entire proposed Plan, but want further study Opposed to entire proposed Plan and want no further study , Number 152.6 Percentage 7.4% 1002.6 48.7% 43.2 2.1% 520.4 143 85.4 113.3 25.3% 6.9% 4.1% 5.5% Table 12 Summary of Views on Proposed "Naples Park Community Plan" (NOT includinq "Don't know/Not sure" Responses) EXECUTIVE SUMMARY ~--REOUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "RIVERCHASE SHOPPING CENTER FIRST ADDITION" OBJECTIVE' To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Riverchase Shopping Center First Addition" CON S I DE RAT I ON S · On June 22, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Riverchase Shopping Center First Addition". The roadway and drainage improvements will be maintained by the project's property-owner's association. Tho improvements wi!L-~ ' ' The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's ,Office. A copy of the document is attached. FISCAL IMPACT' The roadway and drainage improvements will be maintained by the project's property-owners association. There are no water or sewer improvements associated with this subdivision. GROWTH MANAGEMENT IMPACT' None Executive Summary Riverchase Shopping Page 2 Center First Addition RE COMMENDAT I ON ' That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Riverchase Shopping Center First Addition" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance~ Authorize the release of the maintenance security. PREPARED BY' John R. Houldsworth, Senior Engineering Review Thomas E. Kuck, P.E. Engineering Review Director Engineer Date I~aZt e APPROVED BY: jrh ACtA ITE~ JAN 2 7 200~. Pg. ,~ / RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE, IMPROVEMENTS IN RIVERCHASE SHOPPING CENTER FIRST ADDITION, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE NLAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IS,fPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PROPERTY-OWNERS ASSOCIATION. 'WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 27, t993 approved the plat of Riverchase Shopping Center First Addition for recording; and WHEREAS, the developer has constructed and maintained the roadway and drainage 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. 97- l 7), and x,~,qtEREAS, the developer has now requested final acceptance of the roadway and drainage improvements and release of his maintenance security; and WTIEREAS, the Compliance Sen'ices Section of the Development Services Department has inspected the roadway and drainage 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 be granted for those roadway and drainage improvements in Riverchase Shopping Center First Addition, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the Co.unty accept the future maintenance and other attendant costs for the roadway and drainage improvements that are not required to be maintained by the property-owners association. This Resolution adopted after mot/on, second and majority vote favoring same, this __ day of _, 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COlX&MISSIONERS COLLIER COUNTY, FLORIDA By:. CHAmMAN Approved as to form and legal f cienc ,: · G. White Assistant Collier Count).' Attorney AGENI::)A ~TEM /d,dh JAN 2 1 Pg._ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MAJORS PHASE THREE" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Majors Phase Three", a subdivision of lands located in Section 28 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Majors Phase Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the ~--Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Majors Phase Three" be approved for recording. FISCAL IMPACT: The project cost is $415,342.06 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 126,662.71 - $ 288,679.35 The Security amount, equal to 110% of the project cost, is $456,876.27 JAN 2 7 Executive Summary Majors Phase Three Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $12,970.27 Fees are based on a construction estimate of $415,342.06 and were paid in August, 2003. The breakdown is as follows: Plat Review Fee ($500.00 + $5./ac)$ a) b) 510.00 Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 949.97 Drainage, Paving, Grading (.75% const, est.)S2,165.10 c) Construction Inspection Fee Water & Sewer (2.25% const, est.) - $2,849.91 Drainage, Paving, Grading (2.25% const, est.) - $6,495.29 GROWTH MANAG~NT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HiSTORICAL/ARCEAEOLOGICAL IMPACT: There are no historical or archaeological impacts 'EAC RECOMMENDATION: Approval CCPC RECOMI~]ENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Majors Phase Three" for recording with the following stipulations: 1. Approve the amount of $456,876.27 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 2 ? 2004 Executive Summary Majors Phase Three Page 3 o Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck~ ?.E. En~ineer£ng Review Director, County Engineer Date APPROVED BY: Jose~. Schmitt', Admirfistrator Comm~n/ity Development & Environmental Services JAN 2 7 200 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF -MAJORS PHASE TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Majors Phase Two", a subdivision of lands located in Section 28 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Majors Phase Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to ,--the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Majors Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $969,131.46 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 295,546.33 - $ 673,585.13 The Security amount, equal to 110% of the project cost, is $1,066,044.61 JAN 2 7 200 Pi. / Executive Summary Majors Phase Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $29,593.94 Fees are based on a construction estimate of $969,131.46 and were paid in August, 2003. The breakdown is as follows: Plat Review Fee ($500.00 + $5./ac)$ a) b) 520.00 Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 2,216.59 Drainage, Paving, Grading (.75% const, est.)$ 5,051.89 c) Construction Inspection Fee Water & Sewer (2.25% const, est. - $ 6,649.79 Drainage, Paving, Grading (2.25% const, est.) - $15,155.67 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release retating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HiSTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Majors Phase Two" for recording with the following stipulations: 1. Approve the amount of $1,066,044.61 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 2 7 2006 Executive Summary Majors Phase Two Page 3 o Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~ohn R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Josep~ ~~ator 1 Comm~eve~opment ~ Environments Services AGENDA ITEM JAN 2 7 200 EXECUTIVE SUMMARY. REJECT ALL BIDS RECEIVED UNDER BID NO. 04-3601-"HOUSING REHABILITATION INSPECTION AND CONTRACT MANAGEMENT SERVICES AND RFP NO. 04-3600-"GENERAL CONTRACTOR CONTRACT FOR RESIDENTIAL HOUSING REHABILITATION SERVICES", AND AUTHORIZE THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT TO UTILIZE ONE OPEN PLANNING POSITION TO IMPLEMENT AND ADMINISTER THE RESIDENTIAL REHABILITATION PROGRAM. OBJECTIVE: The Board of County Commissioners (BCC) authorize the Financial Administration and Housing Department (FAH) to utilize one open planning position to implement and administer the residential rehabilitation program utilizing State Housing Initiatives Partnership (SHIP), Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funds. This planning position will be reclassified to the "home rehabilitation specialist" and will in turn be rated by Human Resources for proper placement within the current Plan and Classification Plan. CONSIDERATIONS: Collier County's owner-occupied single-family dwelling rehabilitation program has been a very successful program. Since fiscal year 2001, the FAH Department has completed 121 units utilizing $1.4 million of SHIP funds. Collier County qualified for the Federal HOME (ltUD) program for the first time beginning in July of 2003 in the amount of $793,000. At that time the FAH Department began supplementing SHIP funds with the federal CDBG & HOME funds to rehabilitate housing units where rehabilitation costs exceed the maximum SHIP amount ($15,000/unit) required to bring the units up to code compliance and meet the federal minimum housing quality standards. There are many housing units in Immokalee, East Naples, Golden Gate and Copeland belonging to low income families that require a combination of state and federal funding to bring the units to meet the minimum housing quality standard. Staff projects that over the next two fiscal years, approximately 100 units will be rehabilitated utilizing both SHIP and federal funding sources. Staff has come to the conclusion that with the growth of the rehabilitation program and the additional administrative burden associated with the more stringent federal requirements, a dedicated rehabilitation specialist is required to properly administer and implement this expanded program. The functions of the rehabilitation specialist will be as follows: conduct initial assessments of units, develop scope of work, coordinate the bidding process, evaluate bids, perform cost estimations, inspect work in progress, conduct final process change orders and request payments, assemble material specifications, and em proper documentation. ire files contain AOEN[IA Il[EM__ JAN 2 ? 200 pg. \ Staff first investigated the possibility of engaging an outside contractor to perform the rehabilitation specialist functions. On November 24, 2003, the Collier County Purchasing Department posted "BID 04-3601 - Housing Rehabilitation Inspection and Contract Management Services". There were two (2) bid proposals received; one for approximately $58,100/yr and the other for $160,400/yr to perform the duties as outlined, estimating approximately forty (40) rehabilitations per year, adjusted for additional inspections The yearly cost of the lower bid increases to $70,050 for 50 units and $82,000 for 60 units (see attachment A). Staff has calculated the cost of this full county position to approximate $65,000, close to the lower bid amount at the 40 units level and substantially less than the cost at the 50 and 60 unit levels; consequently, we recommend the hiring of an in-house rehabilitation specialist as a full-time employee. Having an in-house rehabilitation specialist will allow us to more effectively control costs, provide the ability to expand programs and services, and to use this resource for related duties. Yearly costs involved in the administration of this program will be significantly less as the program increases to the expected number of rehabilitated units per year as shown in the attachment for fiscal year 2006 and beyond. This position will be funded entirely from a combination of SHIP, CDBG and HOME funds. It will be fully dependent on such ihnding and will be eliminated in the event the number of units rehabilitated does not support a full time position or the funding decreases to the point where the position can no longer be financially supported. FISCAL IMPACT: No impact on the general fund. This position will be funded entirely from a combination of SHIP, CDBG and HOME funds. The position level will be around grade 18 (similar to building inspector) with a salary range of $36,118 - $55,527 plus benefits. The final determination of pay grade and salary will be done through a complete position profile study completed by the Human Resources Department. The first year anticipated cost is $ 65,000 (salary approximately $40,000; benefit $17,049; operating expenses $5,140 (includes office rent, supplies & auto expenses); and one time capital outlay $2,500 (computer). See attachment, lbr details. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the both the Housing Element and the Immokalee Area Master Plan of the Collier County Growth Management Plan. RECOMMENDATION: The Board of County Conunissioners (BCC) reject the bids received under Bid No. 04-3601-"Housing Rehabilitation Inspection and Contract Management Services" and RFP No. 04-3600-"General Contractor Contract for Residential Housing Rehabilitation Services" and authorize the Financial Administration and Housing Department (FAH) to utilize one open planning position to implement and administer the residential rehabilitation program utilizing State Housing Initiatives Partnership (SHIP), Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funds. This position will be reclassified t(] th,~ .... ,,h.,,-,~A_t?:~hi_[16j~El~ rehabilitation specialist" and be appropriately rated by Human Resources. [ In addition, the BCC is asked to authorize the Director of Human Resource] newly rated position to the fiscal year 04 Pay and Classification Plan. PREPARED BY: Date: Lee Combs, HUD/Federal Grants Manager Financial Administration and Housing PREPARED BY: _r~ '~55~ Date: Cormac Giblin, Housing Development Manager Financial Administration and Housing REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Stev~ C.amell, Oi~ctor~ H. Denton Baker, Director Financial Administration and Housing o~~ Date: ¢¢/~ K. Scfimitt, Admini~strator / mmunity Development & Environmental Services JAN 2 7 200q ~. .~, Attachment to Executive Summary: Table 1 Rehabilitation History_ CDBG CDBG & SHIP & Total Grant Fiscal Year* Units 'SHIP $ Spent HOME HOME $ $ Spent Units Spent 2001 37 $406,635 $406,635 2002 47 $444,035 $444,035 2003 37 $532,741 18 $103,356 $636,097 2004 (projected) 34 $450,000 20 $300,000 $750,000 2005 (estimated) 40 $475,000 20 $300,000 $775,000 2006 (estimated) 50 $575,000 20 $300,000 $875,000 Total 245 $2,883,411 78 $1003,356 $3,886,767 *Grant fiscal year period is from 7/1 to 6/30 Table 2. Outside Contractor vs. In-House Staff Description 40 units 50 units 60 units Bid #1 $ 58,100 $ 70,050 $ 82,000 Bid #2 $160,400 $197,800 $235,200 In-house staff $ 64,869 $ 64,869 $ 64,869 Table 3. In-House Rehabilitation Specialist Budget Description Amount Regular Salary $40,000 Social Security $ 3,060 Retirement $ 2,920 Health insurance $ 9,379 Life Insurance $ 190 Worker's Compensation $ 1,500 Total Personal Services $57,049 Cellular Phone $ 1,200 Rent Building $ 2,040 Fuel & Lubricants $ 700 Office Supplies - general $ 200 Minor Data Processing Equipment $ 500 Computer Software $ 500 Total Operating Expenses $ 5,140 Data Processing Equipment $ 2,500 Total Capital Outlay $ 2,500 Total Cost $64,689 JAN 2 7. 200q EXECUTIVE SUMMARY FEE SCHEDULE ADJUSTMENT FOR WELL PERMITS ABANDONMENT AND PLUGGING OF EXISTING WELLS AND INSPECTIONS OF OBJECTIVE: To adjust the current fees charged for the permitting and inspection of overseeing the plugging (abandonment) of existing wells. CONSIDERATIONS: The current Community Development and Environmental Services (CDES) Fee Schedule that was revised and approved by the Board of County Commissioners on October 28, 2003 lists a Well Permit Fee of $300.00 and a separate Well Abandonment Fee of $150.00. The Engineering Department recommends that we revise the Well Permits/Inspection as follows: SERVICE CURENT FEE RECOMMENDED FEE 1. Well Permit $300.00 $300.00 2. Well Abandonment Fee $150.00 $ 50.00 3. Combination Well Non Established $300.00 Permit & Abandonment Permit (same site) The Reason we are requesting the reduction in the Fee Schedule for abandonment of wells is to encourage the obtainment of permits. This will help assure the abandonment and capping of existing wells will follow proper construction procedures and help provide safeguards in protecting the underlying acquifers. FISCAL IMPACT: The small amount of forfeiture of collection of well fees for the abandonment of wells will have a minimum effect on our projected revenues for Fy-2004. ENVIRONMENTAL IMPACT: abandonment of wells. Will provide a positive irripact by encouraging the proper GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Engineering Services recommends that the Board of County Commissioners approve the adjustment of Fee Permits for abandonment of existing wells. JAN 2 Z. 200q PREPARED BY: THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR Date: APPROVED BY: INISTRATOR ITY DEV. AND ENV. SERV. Date: 2 JAN ? 7.~200q ; EXECUTIVE SUMMARY APPROVAL OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF NAPLES TO ADMINISTER CONTRACTS WITH TOMASELLO CONSULTING ENGINEERS, INC., FOR ENGINEERING SERVICES RELATED TO FLOOD INSURANCE RATE MAP (FIRM) RESTUDY AND APPEAL. OBJECTIVE: That the Board approval an amendment to the current interlocal government agreement which governs the oversight of a City contract with Tomasello Consulting Engineers, Inc. for engineering services to initiate a flood insurance restudy to improve accuracy of the proposed maps concentrating on the coastal restudy and a separate but related study within Golden Gate Estates, known as the Sheet 2D study. CONSIDERATIONS: In December of 1996 a Coastal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (FEMA) Study Contractor, Engineering Methods and Applications, Inc. (EMA). In December of 1998 the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. Collier County raised concerns regarding aspects of the technical analyses and hired a coastal engineering consultant, Tomasello Consulting Engineers, Inc. (TCE), to review the preliminary FIS and FIRM. The review process generated a number of reports, clarifications and letters with conflicting opinions as to the methodology and findings of the FIS. Specific issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. In May of 2001, Baird, under subcontract to Dewberry and Davis, carried out a review of the preliminary FIS and the technical documentation provided by Collier County's representative, Tomasello Consulting Engineers in a report by Baird entitled "FEMA FIS Update for Collier County, Florida." In December 2001 Collier County formally appealed the coastal analyses presented in the preliminary FIS, summarizing a number of technical concerns in a December 2001 report prepared by TCE entitled "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevation for Collier County and City of Naples." On September 25, 2002 staff met with representatives of FEMA to discuss the appeal of the revised FEMA flood insurance rate maps. On October 26, 2002 Collier County submitted comments in response to the review of our recently filed appeal to meet the requirements of the next step in the appeal resolution process. Following the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003, under the direction of the Board and the City Council, the respective staffs prepared an interlocal agreement which defined the cooperative approach to jointly hire Tomasello Consulting Engineers (TCE) to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy and the "Sheet 2D" area of the Golden Gate Estates. The Board approved the interlocal agreement as item 16Al0 at the February 25, 2003 Board of County Commissioner Meeting. This agreement only defined the joint costs associated with the coastal restudy JAN 2 7 200ti initiatives. All costs associated with the "Sheet 2D" are to be born by the county. The February 25, 2003 Executive Summary noted that both the preparations and submittals required under Appendix M of "Guidelines and Specifications for Flood Hazard Mapping Partners", February 2002 and for work specified for the hydrologic analysis in Appendix C of "Guidelines and Specifications for Flood Hazard Mapping Partners" be performed to insure that all the required scientific and engineering data analysis is conducted in support of the appeal resolution process involving the Golden Gate Estates and surrounding areas. Since the time of the original agreement and with the approval of the Board, the County working in conjunction with the Florida Department of Environmental Protection and the National Geodetic Survey, NOAA, established a benchmark network throughout the Golden Gate Estates and through the contracted work of 3001, Inc., certified through a report titled "Evaluation of Collier County, Florida, LIDAR Data" and based under the criteria of National Mapping Standards the Property Appraiser's LIDAR data. With these products now completed, Tomasello Consulting Engineers has the required and necessary information and certifications to finalize the Base Flood Elevation (BFE) study for Golden Gate. The cost of this part of the study, which is $57,007.50, represents the$55,000 difference between the $188,000 which is the County's portion of the Coastal Study and the $243,000 "not to exceed" total listed above, and includes $2,007.50 for preliminary work by TCE for the Golden Gate Study done back in May. TCE will also include sections 29, 30, 31, and 32 of Township 48 South, Range 27 East in the study. This area is more commonly known as the "Rock Road Area." Pursuant to Paragraph 4.02 of Section IV, County's Responsibility, of the Interlocal Agreement, "In the event that the County should require additional services as necessary and mutually agreed uponby County and Contractor under this Agreement, and which would exceed the contract sum of $235,000, change orders and/or supplemental agreement documents for this Agreement must be issued by the County for said additional services, and shall be authorized in writing signed by both the County's representive and the City." This amendment to the interlocal agreement defines the additional payments to the City of Naples for that study. FISCAL IMPACT: The cost defined in the initial agreement for the costal area is $235,000; 80% or $188,000 funded by Collier County and 20% or $47,000 funded by the City of Naples. The estimated cost for the Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, is estimated to be $57,007 funded totally by Collier County. Total cost assessed to Collier County for both studies will be no greater than $245,007, a sum of $2,007 above the originally authorized amount. The additional funding for this project is available in fund 111 Reserves. GROWTH MANAGEMENT IMPACT: None directly, although accurate floodplain information is vital to finalizing the appeal process regarding FEMA's Flood Insurance Maps, for land use planning purposes, emergency management planning, preParing recommendations on intensity and densities of various types of construction, effective storm water management and protection of natural resources. JAN 2 7 200ti RECOMMENDATION: That the Board of County Commissioners approve the amendment to interlocal governmental agreement with the City of Naples to formalize a modification to the contract with Tomasello Consulting Engineers, Inc. to initiate the flood insurance rate map (FIRM) restudy initiatives for the Golden Gates Estates area and authorize all necessary budget amendments. '-~A~, ~ ~xV) '\ ~ Chr~~enior Civil Engineer, EngineefingD~teer~!~~.artment REVIEWED BY: I~o~--~L~~ U~ e ' 1' PatriCk (~. ~v'hi~e, ASS~,~t County Attorn y APPROVED BY: /~~'~~.~'f~~"~ Date:/,2~'~ 0~¢ph K. Sc~nf~t, ~CDES Divqsion Administrator _ JAH 2 7 pg. '-..~ - SUPPLEMENTAL Amendment to INTER-LOCAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of , 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the City of Naples, Florida hereinafter called the "CITY." WlTNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the CITY, in cooperation with the COUNTY has engaged the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as "PROJECT," and WHEREAS, the COUNTY proposes to supplement and amend said AGREEMENT pursuant to the provisions of paragraph 4.02 of the original Agreement in regard to CONSULTANT services pertaining solely to work to be performed for the COUNTY; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, compensate said CONSULTANT for the additional PROJECT WORK pertaining solely to the COUNTY; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services for COUNTY in connection with the proposed amendment to the PROJECT WORK. NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY and COUNTY hereby agree to supplement and amend the existing Inter-local Agreement as follows in "underline" to reflect newly added text and by" ' ............. ~,. to reflect deleted text: SECTION IV. COUNTY'S RESPONSIBILITY 4.01 under the terms of this SUPPLEMENTAL AGREEMENT, the services al include but shall not necessarily be limited to the following items: With respect to specific services to be provided to the CITY by the COUNTY JAN 2 7. 200 4.02 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,900 292,007, a sum of $57,007 above the originally authorized amount, Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY,S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $245,007, with the sum of $57,007 funded totally by Collier County above the oriqinally authorized amount of $188,000 pertainin.q solely to work to be performed by CONSULTANT for the COUNTY with the understanding that the CITY shall share in the cost of the PROJECT only in the amount of $47,000. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their appropriate officials, as of the date first above written. Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk By: Donna Fiala, Chairman ~as~t~ ~a. nd legal sufficiency: Patrick G. ~/hite, Assistant County Attorney ATTEST: TARA A. NORMAN, Clerk CITY OF NAPLES By: By: Bonnie R. MacKenzie, Mayor Date: Approved as to form and legality: By:. Robert D. Pritt, City Attorney L AGE:NOA I'I"EM JAN 2 7. 2004 P~. EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF NAPLES TO ADMINISTER CONTRACTS WITH TOMASELLO CONSULTING ENGINEERS, INC., FOR ENGINEERING SERVICES RELATED TO FLOOD INSURANCE RATE MAPS (HRM) RESTUDY AND APPEAL. OBJECTIVE: Board approval an interlocal government agreement to govern the oversight of a City contract with Tomasello Consulting Engineers, Inc. for engineering services to initiate a flood insurance restudy to improve accuracy of the proposed maps concentrating on the coastal restudy and a separate but related study within Golden Gate Estates, known as the Sheet 2D study. CONSIDERATIONS: In December of 1996 a Coastal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (FEMA) Study Contractor, Engineering Methods and Applications, Inc. (EMA). In December of 1998 the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. Collier County raised concerns regarding aspects of the technical analyses and hired a coastal engineering consultant, Tomasello Consulting Engineers, Inc. (TCE), to review the preliminary FIS and FIRM. The review process generated a number of reports, clarifications and letters with conflicting opinions as to the methodology and findings of the FIS. Specific issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. In May of 2001, Baird, under subcontract to Dewberry and Davis, carded out a review of the preliminary FIS and the technical documentation provided by Collier County's representative, Tomasello Consulting Engineers in a report by Baird entitled "FEMA FIS Update for Collier County, Florida". In December 2001 Collier County formally appealed the coastal analyses presented in the preliminary FIS, summarizing a number of technical concerns in a December 2001 report prepared by TCE entitled "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevation for Collier County and City of Naples". On September 25, 2002 staff met with representatives of FEMA to discuss the appeal of the revised FEMA flood insurance rate maps. On October 26, 2002 Collier County submitted comments in · response to the review of our recently filed appeal to meet the requirements of the next step in the appeal resolution process. At the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003, staff from Collier County, the City of Naples and TCE briefed the Board and City Council on the impact of the FEMA Flood Insurance Maps and the ongoing Appeals Resolution process. As a result of that presentation, staff was directed to not accept the current maps and in cooperation with the City of Naples to subsequently contract with Tomasello Consulting Engineers, Inc. to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy and the "Sheet 2D" area of the Golden Gate Estates. Regarding the "Sheet 2D" study, staff is recommending that both the preparations and submittals required under Appendix M of "Guidelines and Specifications for Flood Hazard Mapping Partners", February 2002 and for work specified for the hydrologic analysis in Appendix C of "Guidelines and Specifications for Flood Hazard Mapping Partners" be performed to ensure that ali the required scientific and engineering data analysis is conducted in support of the appeal resolution process involving the Golden Gate Estates and surrounding areas. JAN 2 ?.. 200 In addition, staff was directed to initiate actions to establish elevation benchmarks in the Estates to support any future Letter of Map Amendments (LOMA) or Letter of Map Revisions (LOMR) that may have to be initiated by the residents of Golden Gate. Funding related to the necessary survey work for these benchmarks is contained in a separate Executive Summary. FISCAL IMPACT: The estimated cost for Tomasello Consulting Engineers, Inc. to initiate a flood insurance rate map (FIRM) restudy for the coastal area is $235,000; 80% or $188,000 funded by Collier County and 20% or $47,000 funded by the City of Naples. The estimated cost for the Appendix C/M compliance work for thzt portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, is estimated to be no less that $10,000 and no greater that $20,000 for the Appendix "M" restudy and no less that $20,000 and no greater that $35,000 for the Appendix "C"; funded totally by Collier County. The Appendix C and M studies will be performed on a Cost plus basis due to the undetermined nature and extent of the study. Total cost assessed to Collier County for both studies will be no greater than $243,000. The Funding for this project is available in Fund 111 Reserves. GROWTH MANAGEMENT IMPACT: None directly, although accurate floodplain information is vital to finalizing the appeal process regarding FEMA's Flood Insurance Maps, for land use planning purposes, emergency management planning, preparing recommendations on intensity and densities of various types of construction, effective storm water management and protection of natural resources. RECOMMENDATION: That the Board of County Commissioners approve the interlocal governmental agreement with the City of Naples to formalize a contract authorizing Tomasello Consulting Engineers, Inc. to initiate a flood insurance rate map (FIRM) restudy for the coastal area and the Golden Gates Estates and authorize all necessary budget amendments. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~ ~.-~~ Date: 2,//~? O ~ I.~ es Turner, Collier County FEMA Coordinator Patrick G~White, Assistant County Attpmey "~" .... : ....., / /i /' . St~h~nowski,~nior Civil Engineer, Engineering Services Dep~ment eph K. Sch~t[, ~DES Divis(on Ad~nistrator ' JAN 2 7 200q INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003 by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Flodda, hereinafter called the 'COUNTY' and the City of Naples, Flodda hereinafter called the "CITY.' WlTNESSETH WHEREAS, the Interlocal Cooperation Act of 1969, sel forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which ti- ~. public agencies involved herein might exercise separately; and WHEREAS, the COUNTY, in cooperation with the CITY wishes to engage the services of Tomasello Consulting Engineers (TCE), hereinafter called the "CONSULTANT" to further the appeals resolution process and to prepare a restudy of FEMA's 1998 proposed Flood Insurance Study (FIS) (flood maps) for COLLIER COUNTY, hereinafter referred to as 'PROJECT,' and WHEREAS, the CITY proposes to engage said CONSULTANT in regard to similar services; and WHEREAS, the COUNTY desires to compensate and have the CITY, on behalf of the COUNTY, engage said CONSULTANT for the PROJECT; and WHEREAS, the CITY is agreeable to and desirous and capable of performing, providing, or other'wise undertaking such services for COUNTY in connection with the PROJECT; NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the CITY hereby agrees to perform, provide, or otherwise undertake said services in connection with the PROJECT as outlined below, and both the COUNTY and the CITY hereby covenant each to the other to implement the PROJECT concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES TO BE PROVIDED: A. UNDER RESTUDY PROJECT: BEFORE STORM SURGE CALIBRATION RUNS 1.01 1.02 1.03 1.04. 1.05 Develop coastal maps displaying topography, bathymetry, physical features, landuse, landcover, etc. applicable to model applications for storm surge analysis. Setup and map grid networks (coarse and fine) for storm surge model inputs. Prepare other inputs including channel locations and parameters. Summarize historical flooding, shoreline erosion/flooding assessment. Prepare tidal data for use in coastal analy~es and model calibration. Prepare storm climatology and develop probability distributions. BEFORE OPERATIONAL RUNS 1.06 Develop maps showing parameters related to model inputs, barriers, and inlet geometries. 1.07 Input files prepared for operational runs. 1.08 Sensitivity storm calibrations evaluating effects of friction, wind stress, etc. AOENOA rI1EM JAN 2 7. 1~09 Tide and storm calibration results summarized. 1.10 Summarize any changes to model. BEFORE OPERATIONAL WAVE ELEVATION DETERMINATION MADE 1.11 Detail PROBS results in interim report. 1.12 Map storm surge/astronomical fide flooding results. 1.13 Map wave transects, provide details of WHAFIS inputs. BEFORE WAVE ELEVATION DETERMINATIONS ARE MAPPED 1.14 Wave transect calculation 1.15 Final Report Storm Climatology and Storm Windfield Methodology Hydrodynamic Storm Surge Model Calibration and Verification of Hydrodynamic Storm Surge Model Statistical Methodology Computer Program documentation Wave Height, runup and erosion analysis 1.16 FIRMs Prepared GOLDEN GATE SHEET 2D APPEALS RESOLUTION 1.01 Complete Appendix CIM compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, on behalf of the County. ~ SECTION II. 2.01 TERMS Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the CITY to each other's reasonable satisfaction which shall be evidence in writing. 2.02 The COUNTY or CITY may terminate this Agreement with reasonable cause prior to the completion of the PROJECT, upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, and termination costs as actually incurred. 2.03 The PROJECT as proposed shall be primarily maintained by the CITY or its assigns. SECTION III. CITY'S RESPONSIBILITIES 3.01 The CITY shall assume the entire responsibility for contracting with the CONSULTANT. 3.02 The CITY shall be responsible for, the means, methods, techniques, sequences and procedures relating to the PROJECT. 3.03 The CITY agrees to assign a representative or agent to the PROJECT during the term of the PROJECT so that the COUNTY may effectively coordinate its services with CITY. In this respect, the CITY agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The CITY'S representative or agent under this Agreement shall be any individual, firm or entity that the CITY recommends to the COUNTY and the COUNTY henceforth approves. JAN 2 7.. 200 . 3.05 Moreover, the CITY'S representative or agent under this Agreement, shall act as CITY'S contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized represenlative or agent shall be in full force as if given directly to the cI'rY. The above notwithstanding, the COUNTY shall endeavor to issue directives, instructions or notifications relating to the PROJECT directly to the CITY. Administrate, in the form of plans, memoranda, reports. PROJECT clarifications and changes which may be necessary dudng the PROJECT. If any such changes directly affect the COUNTY, the CITY shall notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, the CITY shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes the CITY to prepare, execute and implement minor Change Orders for work changes necessitated by the PROJECT so long as the contract amount authorized by this Agreement is not exceeded. Obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the PROJECT. SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the CITY by the COUNTY under the terms of this AGREEMENT, the services are deemed to include but shall not necessarily be limited to the following items: 4.02 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and CONTRACTOR under this Agreement, and which would exceed the contract sum of $235,000. Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY'S representative and the CITY. 4.03 Reimbursement of a portion of the actual costs of the PROJECT up to and including the sum of $188,000 with the understanding that the CITY shall share in the cost of the PROJECT in the amount of $47,000. 4.04 Regularly and periodically examine, with the CITY or CITY'S representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by the CITY'S contractor to determine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and the CITY. VVhen such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the PROJECT services and shall transmit them for payment to the COUNTY Finance Director as part of the monthly payment processes for the PROJECT. 4.05 Notify the CITY if the COUNTY'S contractor's performance is or appears to be behind schedule with regard to the PROJECT. 4.06 Upon completion of all work associated with the PROJECT, including all Change Orders and Supplemental Agreements thereto, make a final review of the PROJECT with the CITY'S agent or representative. SECTION V. INSURANCE JAN 2 ?._200h · 5.01 The COUNTY and the CITY shall maintain insurance in the minimum amounts and types as required by Florida Law. 5.02 The COUNTY and the CITY agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VI. REPRESENTATIVES 6.01 The Collier County Community Development and Environmental Services Administrator, or their designee, either directly with the CITY or through duly authorized representatives assigned to the PROJECT by them, shall act as the COUNTY'S contract authority and representative under the Agreement. SECTION VII. MUTUAL COVENANTS 7.01 The COUNTY shall pay unto the CITY the amount of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above. SECTION VIII. . MISCELLANEOUS 8.01 This Agreement shall be governed by and constructed under lhe laws of the Slate of Florida. In the event any liligation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 8.02 It is understood that this Agreement must be executed by bolh parties prior to the CITY and the COUNTY commencing with the work and services described herelofore. 8.03 This Agreement contains the entire understanding between parties and modifications to this Agreement shall be mutually agreed upon in writing by the CITY or it's designee and the Development Services Director or their designee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: DWIGHT E. BROCK, Clerk AJ:JÐÐA n'£M No. / /tJ Ii JAN 2 7 200~ pc· II By: Deputy Clerk By: Tom Henning, Chairman Board of County Commissioners Approved as to form and legal sufficiency: ~ fG~ David C. Weigel, County Attorney By: Tara A. Norman, Clerk ATTEST: CITY OF NAPLES TARAA. NORMAN, Clerk Approved as to form and legality: By: Robert D. Pritt, City Attorney Date: By: Bonnie R. MacKenzie, Mayor AGEN>A No. /0 A JAN 2 r 2004 Pc. I~ EXECUTIVE SUMMARY OBTAIN BOARD AUTHORIZATION FOR THE BA YSHORE BEAUTIFICATION MSTU FUND TO MAKE PAYMENT TO FOUR SEASONS BANNER CO. IN THE AMOUNT OF $6,562.00 FOR THE PURCHASE OF HOLIDAY BANNERS AND BRACKET SETS. OBJECTIVE: Obtain Board Authorization for payment to Four Seasons Banner Co. in the amount of $6,562.00 for the purchase of Holiday Banners and Brackets as authorized in Ordinance 97-82 and voted on by the Bayshore Beautification MSTU Advisory Committee at their November 2003 meeting. CONSIDERATION: In the Right-of-Way Ordinance and the Streetscape Master Plan, streetscape is defined as the appearance or view of a street to include all items within the public road rights-of-way and adjacent properties. In the Streetscape Master Plan, graphics and lighting features are recognized for Activity centers and gateways. - In addition, Ordinance 97-82 allows for the Bayshore MSTU Committee members to authorize the purchase of items that specifically relate to beautification efforts within the MSTU. On three previous occasions banners have been purchased for the MSTU without BCC approval and the Clerk of Courts processed payment for the banners. At the November 2003 meeting, the Bayshore Beautification Committee voted tQ purchase the holiday banners and that the banners would be paid from the Bayshore MSTU Fund. Since the banners were purchased on three other occasions without BCC approval, staff went ahead and purchased these banners for the Committee. The Clerk of Courts is now requiring Board approval before payment in the amount of $6,562.00 can be made to the vendor for the holiday banners that were purchased during December 2003. With the growing requests for banners along gateways, such as with the 1-75 Golden Gate ad hoc Committee, and activity centers, banners like any other maintenance item: shrubs, trees and irrigation parts should require standard Purchasing procedures and not special Board approval. ~ FISCAL IMPACT: Funds are budgeted in the Bayshore Beautification MSTU's operating Ö budget for this purchase. GROWTH MANAGEMENT IMP ACT: No Impact to Growth Management. RECOMMENDATION: The Board approve this purchase for payment to Four Season's Banner Company and all future purchases for payments for any banners that are purchased by the MSTU Funds when the MSTU enabling Ordinance authorizes same. - Staff recommends gateways and activity areas for county roadways be allo when appropriate, without special Board approval. cd t~ðfiÑt)À1aœltts No. /C 15 I JAN 2 7 2004 Pg. I -........-'''''',"-,..,.....-- January 8, 2003 Executive Summary Bayshore MSTU Beautification, Banners Page 2 of 2 PREPAREDBY:£ .~ Date: ~~¿L :n.. ~ r Bo etersen, Project Manager, Traffic Operations & A T~Jr1ent Date: r b 1, agg, Director, Traffic Operations & A TM Departm nt Date: E. Feder, AICP, Transportation Administrator J h~hr I . APPROVED BY: .- AGENDA ITEM No. /6" ß r JAN 2 7 2004 Pg. ..z / 11/18/2ßß3 12:11 386-788-4315 F~ SEASrnS BAtŒR PAGE en . .--'- -..-. --.'- - ~ FþURSEASONSBANNER 831 RAILROAD STREET. SUITE -J5 pc RT ORANGE, Fl- 32129 (8 )(» 741-6852 - (386) 788-4315 - FAX WI M.fouraeasonsbanner.com _To: Collier County Government Joanne Hartman, Traffic Operations Des: 2705 South Horseshoe Drive Naples.. FL 34104 Invoice Number: 1631 Date: November 18. 2003 Ship To: Collier County Government Joanne Hartman, Traffic Operations DeF 2705 South Horseshoe Drive Naples" FL 34104 . P.o. Numb.< ~ ·1-· 5OI':ftET 10· [ ~:~R ~ 8hiplMd 1 1- Quantity Price Each Amount n ( USTOM, 18X38 CHRISTMAS BANNER. 3 INK 100.00 40.00 4,000.00 - ~ ETUP CHARGE 1.00 250.00 250.00 IF tBERFLEX BRACKET SET 50.00 40.00 2,000.00 I ~ HIPPING 1.00 312.00 312.00 -..... - ~. '- Totat $8,582.00 r 1 hank You For Your Order. We appreciate your business. AGEN~ ITjM No. h ß I JAN 2 7 2004 Pg. 3 · , ORDIØNCE NO. 97--!.! AN ON>INANCZ CREATING TIlE SAYSDOU AVALON:' BEAUTIFICATION KONICXPAL SERVXCZ 1'~G UNIT; PROVIDING 'l'JŒ AO'l'BOlUTY: PROVIDING !'OR 'l1Œ CUATION; PROVIDING A PURPOSE AND CO'l!:1œINC: BODY: PROVIDING FCNDING AND THE LEVY OF Nor '1'0 EXC!:ED 'rIæ.EE MILS or M VALOIŒK TAXES Pm ~ rEAR.; PROVrDINQ 1'01\ '1'U COLLECTIOR or TAXES: ~ PROVIDING FOR CREATION or ~ SAYSSORS AVALON~ >- BEADTInCATION ~S01\r CCHlITTa; APPOIRTM!:N'f ~ AND caœoSI'l'XON; PROVXDDfG 1'01\ 'l'ZRHS or OI'J'XC!: 0 ... or 'l'JŒ ~SORr cœHI'r.rJŒ: PROVXDING 1'01\ (1\ OFFICZRS OF 1'U ~SOR.r CCHa'lTU; QUOJmK; E 1\tJLES OF PROCJ!:DVIœ: PItOV'IDING FOR FUNCTIONS,'" POHERS AND DOTDtS OF 1'U ~sORr e<::Ha'f'rn; PWJVIDING FOR DOTDtS OF '1'IŒ COONTY JU>KnfIS'lRA'1'OR 0& HIS DESIGNEE: PaOVIDING FOR PZVIEW PROCESS 01" ADVXSORr CCNC:1"1'U; l'ROVIDINQ FOR CONFLICT AND SEVDABILXTY ; PR0V2DING FOR INCLUSION IN 'l1Œ COLLIE1\ COUN'1'Y CODE OF LAH'S Ai.oD ORDINANCES; PROVIDING FOR JU{ EF'FECTIVE DATE. PRY':;/J &t:-f:. ///)'1 L/ --.-- ~:',:;J:;I-" .;"':,~. ........ ¡;,:-. 1. J~::.. /1...· 'r' 4< . !;: ~tf- r·· -,~ ::. R£C(~~!) CI'!' · ('f B'~~fð c:J ~ ~ ". " - ~ r tv rn va ...... 0 ~ ~ -... neighborhood meetings proposals WHEREAS, the County has received inquiries and conducted to concerning relating beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive; and WHEREAS, the Board of County Commissioners' has determined that the creation of a municipal service taxing unit is the best public areas located on, method for implementing and funding the beautification of certain Bayshore Drive. adjacent to, or in proximity to COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: NOH, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY SEC'rION ONE. Authority This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and ... other applicable provisions of law. - SECTION 'l'WO. There is hereby created and established tne Creation of the Municipal Service Taxing Unit. Beautification Municipal Service Taxing Uni , ays~~ND1'1¡CÆM No. ,/¿ IB I hereinafter JAN 27 2004 --- referred to as "HSTU". The boundade, of the HSTU are as follows: See attached Exhibit "A" which is incorporated herein by reference. 8ECTZOII '1'DD. hJ:po.. &Dc! QoYeJ:1d.ng Bo4y. The HSTU is created for the purpose of: 1) providing curbing, waterlng facilities, planting. and maintenance of the median strips of roadways within the KSTO; 2) providing traffic calming improvements. street lighting, and sidewalk. within the HSTU; and 3) beautification and maintenance of other public areas within the HSTU as determined by the Advisory Committee. The governing body of the KSTU shall be the Board of County Commissioners of Collier County, Florida. SEC'l'ZOM J'OUR. I'and1D.g &D4 Le"'7 d ~axe.. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the H5TU for the next fiscal year, which shall be fr01ll October 1 to and including September 30 following. The estimate. shall describe the purpose for which the moneys are required and the amount. necessary to be raised by taxation withi~ the HSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the HSTU subject to taxation a ~illage rate not to exceed three mils per year. SECTI:Otf n:vz. Tax Aa......nt: anc! CoUecUOI1. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the s AGENDA..1TpEM¡ for assessing and collecting as general County tax s -No. /" _ ,_ _ JAN 2 7 2004 . 2· Pg. s- ---..-- ~ ._--- - SECTION SIX. Creation ot the Bay.hor. AY&lol1 Beauti.tloation Ad,vhory COIIIIÚtte.; Appointael1t and Co1npodtion. A. There is hereby created and established the Bayshore Avalon Beautification Advisory Committee, hereinafter referred to as the "Committee". B. The Committee shall consist of five (S) members which generally represent the area within the HSTD. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the HSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the HSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution . shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. ~.DU of ottic. ot the Acb'i.ory Ocamù ttee. The initial te~ of office of the Committee ahall be as follows: A. Two (2) members shall be appointed for a teDR of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. . C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointm tÑ~'r~M { JAN 2 7 2004 6' term of four (4) years. - 3· Pg. --- Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired te~ of office. SECTION EIGHT. Officer. of the M.,iao:ry Ccaadttee; Quoz:uø.: bl.. of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, f~ndings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION NrNZ. l'unct:.i.ona, Power. aDd hUe. of the M.,J.aoJ:]' Coad. tt.e. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the HSTU as set forth 1n this . Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amo required AGENDA ITEM htN(p.ext fiSCa;¡;.¡elt¡ JAN 2 7 200ft to carry out the business of the HSTU for - 4· Pg. 7 -- wishes to see accomplished during the next fiscal year. In carrying out this responsibility, the Committee shall, no latèr than April In of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the HSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his desiqnee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to . approve a budget by June 1" of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work proqrams and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which .ay be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" 4IÞ its operation and the operation of the HSTU, subject to by the Board of County Commissioners. SECTION 'l'EN. DuU.. of the County Adldni.trator or hi. o..lc¡u... Pg. The duties of the County Administrator or his designee s be: . 5· _._-"".~ ~- ------ . A. To administer the activities of the HSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph 8, above. C. To provide periodic written reports to the Committee, .-,-_....-. ~--..- ~ -.-.... -~ and the Board of County Commissioners of the activities of the HSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. D. Attend all Committee meetings. SECTION ELZVEN. b.,ie. ¡>roce... This advisory Committe( shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or . its successor ordinance. SECTION 'l'RELV!:. Con~lict an4 SeverabU.i ty. In the event this Ordinance conflicts with any other ordinance of Co~.lier County or other applicable law, the more restrictive snaIl apply. If any phrue or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIJa'D:K. IncludoD in the Code of La.. &D4 OrdJ.D.ance.. The provisions of this Ordinance ahall become and be made a part of the Code of Laws and Ordinances of Collier County, . Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word ·ordlnance~ may be changed to ·section-, ·article~, or any other appr - 6· AGEN~T~M No. 8 I . JAN 2 7 2004 Pg. cr SECTION rotmTEm. ZlfeotiY. Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of .~#~~. , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COHHISSIONERS OF COLLIER COONTY, FLORIDA ~ ." ., ~~ -." ,..-. -''''' . . 0'., .' BY'~~/ 'l'IHOTHY . HANCOCK, Chairman ·Jy.;r:,~~¿¡e Approved as to form and legal sufficiency: lL,A, 1- Ayf/lA ~ Heidi F. Ashton Assistant County Attorney This ordlnonce fll~rf with "'e Sec,etafy of ~ OHiœ "':! ~ of . L21.2... end odtnow!od9~nt of thot filing recer.ed rhl~ day of ~ -L1.1L 8y T:;;U-l.h~ -...... ~ ~~o("""s.nbT"""u.. . AGEN%-ITEM I No, , 6,. JAN 2 7 2004 Pg. / ¡) - 7· ..... _".- -~. "._ _.." ...:~ ,_ L- >.' ". ..' '-_"'_h1' ._.........-_;'1'......_",..--_.,...-..:__,-' '_..- .~-_..... _ .....,. .~.~'~':Þr ,-....._.. ~..... '::;":.~_~ "_'~ .. "'__.... :,~_-.-,~<-"--,:,.ors~_.....~·.;.._.....'~~4--:"....::I'_.... '."'''' .,"-" ~__.$'eo""';.;.3.';' ...- .:- "-,....- ---- EXHIBIT A BA YSHORE DEVELOPMENT AREA LEGAL DESCRIPTION Begin at the Southwest comer of Section 23, Township SO South. Range 25 East, Collier County, Florida; thence Northerly along the west line of Section 23 and the West line of e Section 14 to the centerline of Haldeman Creck; thence Northeasterly along the centerline of Haldeman Creek to the Intersection of the West line of the East quarter of the Southwest quarter of Section 11; thence Northerly along the West line of the: East quarter of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line o! iwfangrove Avenue to the East line of Pine Street; thence Northerly aloDg the East line of Pine Street to the ccntertine of a 10' wide alley in Block 4 as shown on the plat of'"W.H. Surcncy Subdivision" as recorded in Plat Book 1. Page 28, Public Records of Collier County¡ thence Easterly along said centerline and its Easterly extensioD to the East line of Lot 39, as shown on the plat ofl<Naples Groves and . Truck Co.'s Little Farms No.2" as recorded in Plat Book 1. Page 27 A. Public Records of Collier County; thence Southerly along said East line to the South line ofWceks Avenue; thence Easterly along the South line of Weeks Avenue to the West line of Bayshorc Drive; thence Northerly along West line ofBayshorc Drive to the southwesterly right-of- way line of U.S. 41; thence southeasterly along the Southwesterly right-of-way line of U.S. 41 to the East line of the West one eighth of the: Northwest quarter of Section 13; thence southerly along the East line of the West one eighth of the Northwest quarter of Section 13 to the South line of the Northwest quarter of Section 13; thence Westerly along the South line of the Northwest quarter of Section 13 to the West line of Section 13; thence Southerly along the West line ofScctiOl113 and the East 1in.c ofScction 23 to the South line of Section 23; thence Westerly along the South line f Sec4~ No. I JAN 2 7 2004 Southwest comer of Section 23 and the Point of Beginning. e Pg. If , ,:, '. ~.',.!.,,:::,:,:,.,,-: ',,-; .... ~. ' ,_.-.~,;....~.,....~:,,--;.-~,:<.;. ",- ¡ '.~.;'.' --..,.... -.' '-. I I '. . STATE OF FLORIDA} COUNTY OF COLLIER) . I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, çollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-82 Which was adopted by the Board of County commissioners on the 16th day of December, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 1997. By: AGEN~;TEM No. . g I JAN 2 7 2004 Pg. / Ã. 8"YsAorø 8øMtllleatloH M.S.7-". Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 November 12, 2003 MINUTES I. Chairman Bill Neal called the meeting to order at 4:00 PM. II. ATTENDANCE: A Member: Bill Neal, Tom Welstead, Maurice Gutierrez, Tom Finn & Ed McCarthy ( Excused) B. Collier County: Bob Petersen & Val Prince-Project Mgrs/Landscape Operations, Joanne Hartman-Operations Coordinator, Bob Casey-Public Utilities- Reuse, John Olney, Eddy Ybaceta & Patti Petulli - Code Enforcement C. Others: Doug Workman-resident, Robert Kindelan-CLM, Sue Chapin-Manpower III. APPROVAL OF AGENDA: Effluent water and Code Enforcement will be heard first. IV. APPROVAL OF MINUTES: October 8, 2003 (No quorum) V. TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince - handed out modified form of adopted budget. Covered the different line items and columns with new fiscal year balances. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs Robert reported: · Behind on fertilizer materials and should be down next week. · Irrigation problem discussed by car wash will be checked. · Was mulched in August and next application will be in December. · Been fixing banners as they see problems. VII. OLD BUSINESS: C. Effluent Service Line - Val Prince Bob Casey - Public Utilities-Reuse - he reported to the committee there is a 16" water main on Thomasson Drive, and east of Bayshore it reduces to 8" , under Bayshore, west and behind Windstar. His concern is the hydraulic capacity of the line. In order for him to determine the availability, he needs to know the amount of water required to irrigate the area in question. He needs a total acreage number. The line carries a lower PSI - may need a boaster pump depending upon the design capacity. The goal is to use County water rather than City water and extend to 41 (intersection of Bayshore & Thomasson), over the bridge and 41 east. (Maurice arrived at 4:05 PM) A quorum is now established. A. GENDA ITEM I No. /6 ¡;; JAN 27 2004 '- 1 Pg. /.-2 Bob & Val will get the information needed for Mr. Casey. He needs to protect his existing customers before he can commit to any additional customers on that line. The County wishes to get as many as possible off potable water from the City of Naples onto effluent when feasible. It would be the MSTU's expense for hooking up the system as it is not in the Counties Master Plan to run it along those areas. Bob & Val will figure out the usage for Mr. Casey. H. Code Enforcement - Mr. Neal explained they would like help in cleaning up the eyesore properties in the Bayshore areas and asked what kind of help the MSTU can get from Code Enforcement. The CRA has the right of eminent domain and may pursue that right in the future. John Olney - Code Enforcement - if an individual is meeting all codes, and just ugly, they can not enforce such a situation. They do look for areas of violation and try to address them. A list of concerned properties within the MSTU need to be given to Code Enforcement so they can be addressed. Patti Petulli - Code Enforcement - discussed the Marina with concerning the Site Development Plan and height limitations on the boat storage. Other properties were discussed. Mr. Workman, a resident within the MSTU, asked about the number of people living in single family units and individual units advertising "Rooms for Rent". Patti stated it is hard to find out on either issues, but are making attempts at different hours of the day and night to watch for those violations. They also get on the owners to resolve the issues or take them to court. Again if they are given addresses, they will pursue the issues. Bridge - Phase 2 . Bob quoted the two bidders for the Bayshore Bridge Beautification- Phase 2 Thomas Marine Construction, Ft. Meyers - $297,400 Zep Construction Inc., Ft. Meyers - $330,700 Thomas Marine Construction is the lowest, qualified bidder. The Committee is relying on the recommendation of the staff. Maurice Gutierrez moved to award the contract to Thomas Marine Construction of Ft. Meyers for $297,400. Second by Tom Welstead. Carried unanimously 3-0. An Executive Summary will be drafted for approval at the 12/2/03 BCC meeting. Notice to Proceed should start in January with 120 days to complete, which is stated in the Contract. Transfer of funds was discussed. Tom Welstead moved to approve a Budget Amendment, if necessary, to move the proper funds to the correct line item from Improvements Capital to cover the $297,400 Contract for the Bridge Beautification-Phase 2. Second by Maurice Gutierrez. Carried unanimously 3-0. AGENDAJTEM No.. /ó 13 I f JAN 2 7 2004 2 Pg. I r- · Bill Neal reported the permitting for the dredging of the creek will be finished in February with construction dredging started in March and completed by end of next year. B. Banners - Tom Welstead & Bob Petersen Bob reported he has the art work and will go out for quotes. The estimated quote from the company he has so far is $8,088 which includes the poles and freight. Quotes can be gotten in a few days. They will be put on every pole on the street side. Tom Welstead moved to authorize and approve expenditure up to $9,500 for 100 Christmas banners. Second by Maurice Gutierrez. Carried unanimously 3-0. The bridge and fall banners will be discussed at the December meeting. D. Property Line Survey (Ingram's) - Bob Petersen Bob reported their surveyor looked at the area but did not do a regular survey. Owners are cutting hedges down themselves which is a violation because they are on County property. It is Commercial Land Maintenances' responsibility to do the landscaping. There is a dispute whether the hedges are on the County property or not. Tom Welstead moved to hire an independent surveyor to survey the property line and show where the County property and right-of-way begins and ends. Second by Maurice. Carried unanimously 3-0. The property owner in question is not paying into the Bayshore MSTU. E. Street Name Change - Application - Bill Neal Bill reported the name change has been submitted to the Planning Dept. with the funds from the Botanical Gardens for the application costs etc. (Bill Neal & Tom Welstead left at 4:45 PM) F. Sawyer Marina - improvements (Mr. Sawyer) Bob reported they h~ve had no luck with the fence as there are drainage issues. G. Bus shelters/CAT system for Bayshore - Bob Petersen There are no shelters scheduled for Bayshore itself, but will be one at the corner of Thomasson and Bayshore. If the MSTU wants a shelter, they can ask the County for one, with the County maintaining it. E. Collection of Insurance Fees - Risk Management Will discuss at the December meeting. VIII. NEW BUSINESS: None IX. PUBLIC COMMENTS: None X. Being no further business the meeting ended at 5:12 PM. The next meeting is Wednesday, 4:00 PM., December 10,2003 Collier County Landscape Operations, 2705 Horseshoe Dr. South, Naples, FL ~- 3 AGENqA)TEM No. ú-B I JAN 2 7 2004 /~ Pg. 8ay$Ao" 8'tU4tiliealiolt M.s.T -". Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 December 10,2003 Minutes I. Chairman Bill Neal called the meeting to order at 4:00 PM. II. ATTENDANCE: A. Members: Bill Neal, Tom Finn, Maurice Gutierrez, Tom Welstead and Ed McCarthy (Excused) B. Collier County: Bob Petersen-Project Mgr/Landscape Operations, Joanne Hartman-Operations Coordinator C. Others: Robert Kindelan-Commercial Land Maintenance, Sue Chapin- Manpower Services III. APPROVAL OF AGENDA: Tom Finn moved to approve the Agenda as presented. Second by Maurice Gutierrez. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: October 8, & November 12, 2003 Tom Finn moved to approve the Minutes of October 8th & Nov. 12,2003. Second by Maurice Gutierrez. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince - Val has now been assigned to the Drainage MSTU's along with other duties. Joanne Hartman gave the Budget report. (Attached) The Committee reviewed the SAP Budget and wishes to keep the Budget simple. - Budget office needs to change the name of the Bayshore MSTU by removing "Avalon: That is not the correct name. _ Banners are up and were discussed. The bids were - $8,800 - 7,700 & 6,500. They accepted the $6,500. - Trash receptacles and benches were discussed as future projects. _ Name Change - Botanical Gardens accepted the expense of approx. $1,000 for the expenses incurred and is to go before the BCC meeting soon. _ Bob Petersen talked about the $200,000 grant available in 06/07 or 07/08. It was originally for putting pedestals on the Bridge. The Committee might want to think about using the funds for upgrading the lighting system with decorative lighting. VI. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs- was bid based on using blower. - Fertilizer is finished. ~~-~- 1 AGENOðJTEM No. L(Q B I , JAN 2 7 2ûû4 Pg. /6 - Banners up IArms on banners are flexible and hard to tighten. - Need to replace tree & hedges that were destroyed due to accident near Windstar. - Typical irrigation and paver problems resolved. - Will extend tree rings around Royal Palms - Urope replacement & continue with orchards for ground color. VII. OLD BUSINESS: A. Collection of Insurance Fees - Risk Management - Joanne will have a report for next months meeting. B. Banners - Taken care of. C. Effluent Service Line - Pam Lulich has been assigned this project. D. Property Line Survey (Ingram's) - Report handed out of costs from Q. Grady Minor & Assoc. (Attached) - Costs were discussed and Committee felt the expenses were extensive and should be the Counties responsibility since it is a violation of County Code. - The staff surveyor looked at the costs and felt they were in line. - Bill Neal suggested Bob report back to Diane Flagg with some direction of a letter to the MSTU stating why the MSTU should pay the costs of the survey. - A County employee did a site check of the property in question. Bob will get that report for the January meeting. E. Bus shelters/CAT system for Bayshore - Bob Petersen - They are waiting for the ADA required pavers at Thomasson and Bayshore. - Bill read part of the Bayshore MSTU Ordinance stating what can be done for the improvements within the Bayshore MSTU. Discussion followed on trash receptacles, shelters and other improvements within the MSTU. F. Code Enforcement - Contact Eddy Ybaceta from Code Enforcement with violations and they will be addressed. Pictures can be taken. VIII. NEW BUSINESS: · Will discuss Millage Rate at the next meeting. · Will discuss future improvements to the Bayshore MSTU area. · MSTU Membership terms were discussed. · Bob stated the BCC approved the Contract for the bridge with Thomas Marine Construction, Ft. Meyers and will start in January 2004. IX. PUBLIC COMMENTS: None X. Being no further business to come before the Committee, it was adjourned at 5:15 PM. The next meeting is Wednesday, 4:00 PM., January 14, 200 Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 AGENDA ITEM/ No. /C e , JAN 2 7 20Q4 2 Pg. /7 EXECUTIVE SUMMARY .",-. THAT THE BOARD AUTHORIZE THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRAT10N SECT1ON.6310 GRANT APPLICATION AND APPUCABLE DOCUMENTS, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED OBJECfIVE: To authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration (FT A) grant application and applicable documents. eONSIDERA TION: Ff A funds, which are to be used for the purchase of vehicles to provide transportation services to the elderly and disabled residents of Collier Coooty, are made available each year through an application process administered by the Florida Department of Transportation (FOOl). The Local Coordinating Board (LCB) has requested that the CoUier County BCe submit an application for this year's funds to purchase two vehicles. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. ,- FISCAL IMP ACT: The cost is estimated to be $130,000 for two (2) vehicles. If the grant request is approved, the source of funds win be $104,000 Federal. matched by $13,000 State and $13.000 local. The local share will be budgeted and programmed as part. of the Annual Public Transportation Development Plan (PTDP) Update in Fund 126 that will be incorporated in the Annual County Budget. GROWfH MANAGEMENT IMPACf: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize revisions and amendments of the FY 2004 grant, approve any budget amendments necessary to receive these funds and authorizes the Transportation Administrator or his designee to execute the attached FTA Section 5310 grant application and supportjng docwnents. Any decision to tenninate or otherwise not accept the Grant shall require this Board's prior approval as an agenda item. .- Date: ~~~lT', JAN 2 7 2OO't Pg. I 1- ..,'"..."...,....,""-.-..".-,.-. Checklist for Application Completeness: Section 5310 Name of Applicant: Collier County Board of County Commissioners Check one: First Time Applicant Previous Applicant X The following must be included in Section 5310 grant applications in the following order: YES YES YES YES YES YES YES YES YES YES NA NA YES NA YES This Checklist Applicant's cover letter and 2 copies of the governing board's Resolution Application for Federal Assistance (Form 424, Code 20.513). Operating and Administrative Expenses Form and Revenue Form. Current Vehicle and Other Transportation Equipment Inventory Form. Capital Request Form. Exhibit A: Current System Description. Exhibit A-l: Data Information Fact Sheet. Exhibit B: Proposed Project Description. Exhibit C: Public Hearing Notice and Publisher's affidavit (for public agencies only) Exhibit D: Coordination Contract. Exhibit E: N/A Exhibit F: Federal Certifications and Assurances. Exhibit G: Certification of Equivalent Service (If non-accessible vehicles are requested) Exhibit H: Applicant Certification and Assurance to FDOT. Date application was submitted to local Clearinghouse: AGENDA ITEM No._ ld- P JAN 2 7 200 t Checklist for Application Completeness: Section 5310 Name of Applicant: Collier County Board of County Commissioners Check one: First Time Applicant Previous Applicant X The following must be included in Section 5310 grant applications in the following order: YES YES YES YES YES YES YES YES YES YES NA NA YES NA YES This Checklist Applicant's cover letter and 2 copies of the governing board's Resolution Application for Federal Assistance (Form 424, Code 20.513). Operating and Administrative Expenses Form and Revenue Form. Current Vehicle and Other Transportation Equipment Inventory Form. Capital Request Form. Exhibit A: Current System Description. Exhibit A-l: Data Information Fact Sheet. Exhibit B: Proposed Project Description. Exhibit C: Public Hearing Notice and Publisher's affidavit (for public agencies only) Exhibit D: Coordination Contract. Exhibit E: N/A Exhibit F: Federal Certifications and Assurances. Exhibit G: Certification of Equivalent Service (if non-accessible vehicles are requested) Exhibit H: Applicant Certification and Assurance to FDOT. Date application was submitted to local Clearinghouse: AGEND/-~ JTEM .,., No. 7,7 JAN 2 7 200 i Pg. .~ February 3, 2004 Mr. John Starling Manager, Public Transportation Florida Department of Transportation Post Office Box 1249 801 N. Broadway Bartow, FL 33830-1249 RE: 5310 Grant Submittal Dear Mr. Starling: Collier County Board of County Commissioners (BCC) hereby submits this application for Section 5310 Program Grant Funds and agrees to comply with all assurances and exhibits attached hereto and by this reference thereof; as itemized in the Checklist for Application Completeness. Collier County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This Application is submitted on the 66 day of February, 2004 with two (2) original resolutions authorizing the Transportation Administrator or his designee to sign this application and any other supporting documentation. Thank you for your assistance in this matter. Sincerely, Jill M. Brown Public Transportation Planner Collier County enclosures Cc' Diane Flagg, Alternative Transportation Modes Director Norman Feder, Transportation Administrator Kelly Jones, Finance Department AGENDA~jTEM ~ JAN 2. ? 20Oq 2. DATE SUBMITTED Applicant Identifier APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: B Non-Co~sb'ucfion Prear~iCation Li Construction O NomConstrucben 3. DATE RECEIVED BY STATE 14. DATE RECEIVED BY FEDERAL AGENCY State Application Identifier Federal Identifier Le~ Name Collier County Board of County Commissioners Address (give city, courtly, state and zip code) 2705 South Horseshoe Drive Naples, FI 34104 IT1 1-161010101515181 CATALOG DE FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE ~ Tr-~ns~ Adm~nis~atk~ Se~ml 5310 Collier County, Florida 12 II01 °lsll Organizational Unit Name and telephone numbe~ of person to be contacted on mailers involving this application (give area code) Jill M. Brown, Public Transportation Planner (239) 213-5817 7. TYPE O~ APPt. JCAN3' (~tef al;~o~f~ate Miler in box) [-~ B C M~.~ F ImC~'T~U~apal 9 NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINIS TRA TION Purchase of two (2) replacement paratransit vehicles. Requested Federal funds this Grant $104,000 13. PROPOSED PROJECT 114. CONGRESSIONAL DISTRICTS OF ,s~ D~ ~ D~ I a_ Apphcant 7/1120041 6/30/20051 14 Fede~aJ P~m Incom TOTAL lb. Project 14 $104,000 $ 13,000 $ 13,000 $ 130,000 · YES TIOS PI~V-APPLICATION, APPUCATION WAS MA.DE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON 18. TO THE BEST DE MY KNOWtEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY iD BY THE C-OVERNING BODY OF THE APPLICANT AND THE APPLICANT W1LL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. T~t3~:d N~mc of Am~oriz~d Repres~zta~w Feder :L Signature of Aud~o~zed Repre~e~tauve lb. Tide Transportation Administrator lc. Tele~a(~e numSe~ (239) 774-8192 e. Date Sigrv~d Previous F.~bt~os No~ Usable Authorized for Local Reproduction 2 Pg. TRANSPORTATION - RELATED OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant: Collier County Board of County Commissioners Date Completed 12/15/2003 Fiscal Period from 711104 - 6130105 TOTAL EXPENSE EXPENSE CATEGORY Labor (501) Frin~le and Benef'~s 1502) Services Materials and Supplies (504) Vehicle Maintenance (504.01 Utilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) ~ ~liscellaneous and Rentals (509) (si2) $ 2,204,333 $2,204,333 AGENDA ITEM No.. JAN 2 7 Pg. ~ OPERATING and ADMINISTRATIVE REVENUE Name of Applicant Organization:Collier County Board of County Commissioners Date Completed 12115~2003 OPERATING REVENUES TOTAL REVENUE Fiscal Period from 7/01/04 - 6/30105 Passenger Fares for Transit Services To~- $144,976 Total Ru~l=~o) $52,191 ,Sl~ecial Transit Fares (402) $234,777 School Bus Service Revenue (403) Frei~lht Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407) Total Operating Revenues OTHER REVENUES Taxes Levied directly by Transit System (408) Local Cash Grants and Reimbursements 1409) $654.540 Local Special Fare Assistance (410) State Cash Cash Grants and Reimbursements (411) $1.059.656 State Special Fare Assistance (4t 2) Federal Cash Grants and Reimbursements (413) $125.357 Interest Income (414) ~Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues GRAND TOTAL REVENUES $2,204,333 AGENDA ITEM_ No...__/~-/J ;~ JAN 2 7 2604 ,' ~ ~ ~ ~; ~ ~ Z Z Z~Z Z Z Z > ~ ~ ~,~ ~ ~ Z Z Z Z Z ~ ~ ~ o ~oooooog~<Rg~g oo '- ~000 § ~ o AG B No..~~~ CAPITAL REQUEST VEHICLE REQUEST Number Estimated FTA GMiS Code R or E Of Requested Options Cost Vehicles zz- narrow m:)ay aelsel buses with lift,12 ambulatory seats 2 wc 1t. R 2 )osifions $ 130,000 11. 11. 11. 11. 11. Sub-Total 130,000 OTHER CAPITAL REQUEST Estimated FTA GMIS Code Quantity Brief Description Cost 11. 11. 11. tl. 11. 11. VEHICLE SUBTOTAL S X 80% = Federal Request $ 130,000 104,000 OTHER CAPITAL SUBTOTAL + OTHER CAPITAL SUBTOTALS o ,= $130,000 JAN 2 7 200~ J I ~' ..... FY 2004 Grant application, 5310 EXHIBIT A: Current System Description: FTA - 5310 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners (BCC) be named the CTC on an interim basis and recommended that the day to day coordination activities be carder out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the BCC be designated the CTC on a permanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The BCC directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the BCC voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Currently, the CTC provides transportation services to the general public through its' management entity intelitran/ATC Paratransit. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service is door to door. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and those who are mentally or physically disabled, from their door to their seat on the vehicle. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted carriers who have actual operations twenty-four hours per day. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services thht meet the needs of transportation disadvantaged persons. It is estimated that over 122,028 one-way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, ATC. Service is provided by carriers under contract to ATC Paratransit using vehicles owned by the county and by the carriers. Currently, the provider operates 14 routes and provides back up service with additional vehicles. The County currently leases all 5310 vehicles to ATC Paratransit. ATC Paratransit leases the vehicles to their contractors. All maintenance is performed by Collier County Fleet Maintenance. Safety is a primary concern of all transportation entities. N AGENOA. iTE~,~ JAN 2 7 200t Our current vehicle inventory is supplied elsewhere in this grant application. As can be seen, many of the vehicles presently in the Collier TD Fleet have high mileage on them. The CTC would like to be able to replace two vehicles. AGENDA ITEM JAN 2 ? 200z~ Required for Section 5310 EXHIBIT A-1 DATA INFORMATION FACT SHEET PART 1 - For Section 5310 Applicants Only Type of Service I Number of one-way passenger trips provided to elderly and persons With disabilities (E&D):** Year 2 Number of individual E&D persons Served: (Unduplicated):* Year 3 Percentage of E&D needing wheelchair positions: Avg. Existing 67,965 1,062 8,835 30 299 33 743,593 If Grant Is Awarded 67,965 1,062 8,835 3O 299 33 743,593 2,888 6 4 Number of vehicles to provide service: Avg. 5 Number of ambulatory seats: Avg. 6 Number of wheelchair positions: Avg. 7 Vehicle miles traveled: Per Year 8 Avg. Vehicle Miles per day 9 Normal number of days in operation per week: 10 Normal hours of vehicle operation per day: 11 Average trip length: 2,888 6 10 10.94 * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. 10 10.94 AGENDA iTEM JAN 2 7 200z Pg. / ,.,2__ EXHIBIT B: Proposed Project Description: FTA - 53 I0 The Collier County Board of County Commissioners is requesting FTA Section 5310 funds in the amount of $104,000 (80%). State match funds in the amount of $13,000 (10%) will also be requested. This will be matched with local funds in the amount of $13,000. Funds from this grant will be used to purchase replacement vehicles to continue the existing level of service. The vehicles scheduled for replacement have exceeded their useful life and must be replaced if normal service is to continue. These and other vehicles will be used to provide transportation services throughout the county. The vehicles will be leased to providers under contract. Maintenance of these vehicles will be performed by the Collier County Maintenance Department. Section 5310 funding for these vehicles is essential if service is to continue. Collier County currently provides over $700,000 each year to provide paratransit service. The current fleet of vehicles is inadequate due to their age and condition. If this grant is not approved, Collier County may be forced to use some of the Local Operating funds to purchase replacement vehicles. If this happens, trips will be reduced and many passengers may not have access to medical, shopping and other life sustaining transportation. A Budget is provided elsewhere in the grant application,_~._~____~ 10 No._ JAN 2 7 2004 NOTICE OF PUBLIC HEARING All interested parties within Collier County are hereby advised that the Collier County Board of Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of two (2) lift-equipped Body-on-Chasis buses to be used for the provision of public transit serviCes within Collier County. The estimated cost of each vehicle is between $48,000 and $65,000. A Public Heating has been scheduled on January 14, 2003, 9 a.m. at the Traffic Operations and Alternative Transportation Modes Dept., 2705 South Horseshoe Drive for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. This hearing will only be conducted if, and only if, a written request for a heating is received by two days prior to the scheduled heating. Requests for a heating must be addressed to Jill M. Brown, Public Transportation Planner, Collier County Transportation Department, 2705 South Horseshoe Drive, Naples, FL 34104 and a copy sent to Mr. John Starling, Public Transportation Manager, Florida Department of Transportation- District One, P.O. Box 1249, 801 N. Broadway, # 110, Bartow, FL 33830-1249. AGENDA ITEM Nc)..~ 3AN 2 ? 200q Exhibit F - Federal Certifications and Assurances FEDERAL FISCAL YEAR 2004 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of APplicant: ~_~'311iq..(' P/X.~'~_ _ .J "~O0,i"c~ t~ .-~(0Ot~'~ocam"~5:0A'~c-3 The Applicant agrees to comply with applicable requirements of Categories 01 - 16. ~( (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following Categories it has selected: Category 01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. 15. 16. (Both sides of this Signature Page must be appropriately completed and si Description Required of Each Applicant Lobbying Private Mass Transportation Companies Public Hearing Acquisition of Rolling Stock Bus Testing Charter Service Agreement School Transportation Agreement Demand Responsive Service Alcohol Misuse and Prohibited Drug Use Interest and Other Financing Costs Intelligent Transportation Systems Urbanized Area, JARC, and Clean Fuels Programs Elderly and Persons with Disabilities Program Nonurbanized Area Formula Program State Infrastructure Bank Program 25 Ln_ e_d:a?~ i:n_.djc___gte_._d._) ....... AGENDA iTEM.., JAN 2 7 FEDERAL FISCAL YEAR 2004 FFA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula projecO AFFIRMATION OF APPLICANT Name of Applicant: 0_~{~0,_F (7_Ot.~,~-~ '~_~:'.,~r~ 6qC C_~t--,q% (~-~r~'~'.~OVT~'£J Name and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and Federal requirements applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2004. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2004. The Applicant aWn-ms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations,'"Program Fraud Civil Remedies," 49 CFR part 3 ! apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 1 g U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are U~ue and correct. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affh'm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further aiTtr to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent tha ai~,ht [adversely affect the validity of these certifications and assurances, or of the performance of the project. ~ ~ Signature-":: ~ Date:' Each Applicant for FT^ financial assistance {except 49 U.S_C. 53 Il(b) assistance) and tach FTA Grantee with an active capital or formula project must provide an Affirmatio~ of^pplicant's Attorney pertaining to fl~¢ ^pplicant's legal capacity. The t 26 JAN 2 ? 2L% EXHIBIT H APPLICANT CERTIFICATION AND ASSURANCE TO FDOT To be completed and signed by an individual authorized by the governing board of the applicant agency and submitted with the grant application. The Collier County BCC certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5310 dated February_6, 2003 : 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73 Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the even of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of vehicles/equipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are . no longer needed or used for the purpose intended. 8) It recognized the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contra~t for transportation services with any third party without prior written approval of the Department. 10) It will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11)It will submit an annual financial audit report to the Department, if required by the Department. Date: Signature: _Norman Feder, Transpm Typed name and title ~~ator AGENDA ITEM No.__ /4' JA[ 2 ? 200 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA, AWrHORIZING THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR OR I-LIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5310 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WI--IEREAS, 49 U.S.C. 5310 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide mass transportation services to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for the pumhase of vehicles and for the provision of transportation services to the elderly and disabled residents of Collier County; and WHEREAS, the Collier Count), Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5310 funds in order to purchase vehicles to transport the elderly and disabled residents of Collier County; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: The Collier County Transportation Services Division Administrator, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to IZDOT document, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. Any' decision to terminate or otherx~ise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effecti,,e immediately upon signatm-e by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this day of .2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: , Deputy Clerk Aplro~e. pi ah~o~orm and Jeffl~V A. K/l~zkow Assi~'ant C{u~ty Attorney By: , Chairman AGENDA ITE~,~ No..~ JA,q 2 7 202 Pg. EXECUTIVE SUMMARY THAT THE BOARD AUTHORIZE THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPUCABLE DOCUMENTS, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED OBJEX: To authorize the Transportation Administrator or his designee to execute the attnched Federal Transit Administration OVFA) grant npplication and applicable documents. CONSIDERATION: FTA funds, which are to be used to help provide rural transportation in Collier County, are made available each year through an application process administered by the Florida Department of Transportation (FDOT). As a governmental entity, the BCC is eligible to file the grant application and to continue thc public transportation service. FISCAL IMPACT: This FY04 grant request of $125,357 will require a 50% "SoW' match. Soft match fund~'are not additional cash. Soft match is calculated as follows: Total Cost of transportation minus any farebox amount equals the deficit. The FTA reimburses 50% of this amount. However, the sof~ match amount will be available fi~om funds provided by The Agency for Health Care Administration, Agencies, and County funds (126) to be budgeted for Transportation Disadvantaged trips in rural areas. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize revisions and amendments of the FY 2004 grant, approve any budget amendments necessary to receive these funds and authorizes the Transportation Administrator or his designee to execute the attached FTA Section 5311 grant application and supporting documents. Any decision to terminate or otherwise not accept the Grant shall require this Board's prior approval as an agenda item. ~own, PubliCTmnsportation Planner '/ Reviewed by: .... Date: J · - ~.~FJlagg, Traffic Operations and Approved by:~ Date: Norm;~ Feder, Transportation Services Administrator ! 27 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE TRANSPORTATION SERVICES DI%'ISION ADMINISTRATOR OR HIS DESIGNEE TO APPLY FOR A FEDERAL "[RANSIT AGENCY SECTION 5311 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUlVIENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WI-IEREAS, 49 U.S.C. 5311 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide rural transit services; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for providing rm'al transportation services to the residents of Cotlier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5311 funds in order to help provide for rural transportation services to the residents of Collier County; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: The Collier County Transportation Services Divisioa Administrator, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5311 Grant, including executing the Section 5333(b) Assurance. a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. Any decision to terminate or otherwise not accept the Grant shall first require approval by the Board of Count), Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this ___ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMIvlISSIONERS COLLIER COUNTY, FLORIDA By': · Deputy Clerk l~,pro ~d~ to form and 7' ow As C~,tan~5~ty Attorney By: , Chairman JAN 2 7 2oaq Applies to Applicants for Operating Assistance (Only). Checklist for Application Completeness Name of Applicant: Collier Count~ Board of Counb/Commissioners Check one: New Applicant Recurring Applicant X The following documents must be included in Section 5311 Operating Assistance Applications in the order listed: YES YES YES YES YES YES NA YES YES This Checklist Applicant's cover letter and two copies of the governing board's Resolution. Forms B-1 and B-2 (Operating and Administrative Expenses & Revenues; Grant Request Application for Federal Assistance (Form 424, Code 20.509). Exhibit A-l: Data Information Fact Sheet. Exhibit E: Single Audit Act, and a copy of the latest completed audit, if applicable Exhibit E-1: Certification of Exemption from the Single Audit Act, if applicable Exhibit F: Federal Certifications and Assurances. Exhibit I: FTA Section 5333(b) Assurance. Date submitted to Local Clearinghouse Agency: Additional documents required from New Applicants: Exhibit A - Current System Description. Exhibit B- Proposed Project Description. No. JAN 2 7 pg. OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization: Collier County Board of County Commissioners Date Completed Fiscal Period from 7/1104 - 6130105 Labor 1501) Frin~le and Benefits (502) Services (503) Materials and Supplies (504) Vehicle Maintenance (504.01) Jtilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) '~liscellaneous (509) and Rentals ITotals (512) 12/15/2003 TOTAL EXPENSE (All Applicants) ELIGIBLE EXPENSES (5311 &531 l(f) Applicants) $ 2,204,333 $2,204,333 $793,560 $793,560 SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) $ 302,905 (a) $ 52,191 (b) $ 125,357 (c) Section 5311 Request (no more than 50% of the Deficit) $ 125,357 (d) GRAND TOTAL REVENUES $ 2,204,333 (e) (from Operating and Administrative Revenue form) Note: If Grand Total Revenues (c) exceeds Total Expenses (a), reduce Section 5311 (d) request (d) by that amount. 3 JAN 2 7 £0;~, OPERATING and ADMINISTRATIVE REVENUE Name of Applicant Organization:Collier County Board of County Commissioners Date Completed 12/1512003 REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH --iscal Pedod from 7/01/04 - 6/30/05 All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services To,,,= $144,976 To~l ,u~=~) $52.191 $ 52.191 Special Transit Fares (402) $234.777 School Bus Service Revenue (403) i Frei~lht Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407) Total Operatin~l Revenues OTHER REVENUES Taxes Levied directly by Transit System (408) Local Cash Grants and Reimbursements (409) $654,540 $ 235c Local Special Fare Assistance (410) State Cash Cash Grants and Reimbursements (411) $1.059.656 State Special Fare Assistance (412) 'Federal Cash Grants and Reimbursements (413) $125,357 $ Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues GRAND TOTAL REVENUES $2,204.333 $ 287.825 4 No.AGEN ~A ITEM DATE SUBMITTED Applicant Identifier ~g, PLICATION FOR )ERAL ASSISTANCE 1. TYPE OF SUBMISSION: ~,5. APPUCANT ~NFORMA TION LJ CoostrucUon ~] No~-Construction Le~a Name Collier County Board of County Commissioners ~ldmss (give city, county, slale and zip c~de) 2705 South Horseshoe Drive Naples, FI 34104 10. CATALOG Of: FE~cRAL DOMESTIC A~SI~TANCE NUMBER TITLE r-tde~ T~n~it A~ini~a'~don ~ 53fl P~)cram AJ:I:'ECTED BY PRO,IECT (¢i~ co~eue~, m~,es, ~ ) Collier County, Florida 12 01 °151°1 1 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY Slate Applica~on identifier Federal Idenl~fier Organizational Unit Name and te~ nu~nber of person to be contacted on matters involving this application (give erea code) Jill M. Brown, Public Transportation Planner (239) 213-5817 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA TION To continue Rural transit and paratransit service in Collier County. Requested Federal funds this Grant $125,357 13 PROPOSED PROJECT 114. CONGRESSIONAL DISTRICTS OF ib. 'sm~ D.~ ~ ~ I Project 7/1/20041 6130/20051 14 a. Feeerai b. A,Op~ ~m. Loca~ q. TOTAL 125,357 $ 125.357 250,714 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON Date: 17. IS TNE APPLICANT DELINQUE~rf ON ANY FTeDERAL DEBT? If "Y e~ ' aaacb ~ cq=,lamatioe 14 la. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DAT^ IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY ~,u'rl-.IORIZEO BY THE GO~RNING BODY OF THE APPLICANT AND THE APPLICANT W~LL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED Norman Feder [Transportation Administrator ~(239) 774-8192 S,iF~au~¢ of Aud~o~z~d Re~rese~t~zive le. Date Sicjned I ~e-vious F~tit~er,s No~ Usable Authorized for Local Reproduction 2 Required for Section 5311 EXHIBIT A-1 DATA INFORMATION FACT SHEET PART 1 - For Section 5311 Applicants Only Type of Service I Number of one-way passenger trips** Year 2 Number of individual served 3 Number of vehicles used for this service: 4 Number of ambulatory seats: 5 Number of wheelchair positions: 6 Total annual vehicle miles traveled: 7 Normal vehicle hours in operation per day: 8 Normal number of days in operation per week: 9 Average trip length: Total Existing 29,287 455 3O 299 33 318,683 14 6 10.88 Proposed Immokalee 28,664 445 1 22 2 49,920 11 6 1.74 Proposed TD Rural 38,073 569 24 256 26 330,441 14 6 8.68 Proposed Total 66,737 1,014 25 27P 28 380,361 14 6 5.70 * Estimates are acceptable ** See page 50 for definition of one-way passenger tdp.. JAN 2 7 pg. "~ Exhibit E -- Single Audit Act A copy of the Collier County audit is attached as Exhibit E. q Single Audit/Federal and State Schedule of Financial Assistance THE SINGLE AUDIT/FEDERAL AND STATE SCHEDULE OF FINANCIAL ASSISTANCE SECTION PRESENTS GRANT COMPLIANCE REPORTS FILED BY COLL1F. R COUNTY WITH THE FEDERAL GOVERNMENT AND STATE GOVERNMENT, RESPE~LY. THI.q PAGE INTENTIONAl ~I.Y LEFr BLANK JAt~ 2 7 P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report on Compliance and ou Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards - Distinguished Members of thc Board of County Commissioners Collier County, Florida: We have audited the basic financial statements of Collier County, Florida as of and for the year ended September 30, 2002: and have issued our report thereon dated March 1, 2003, which referred to the County's adoption of new accounting and reporting standards. We conducted our audit in accordance with auditing standards generally accepted in the United States of Am~4ca and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As pa~ of obtaining reasonable assurance about whether Collier County, Florida's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of hws, regulations, contracts, and gtant~, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an o~inion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opiniom The results of om' tests disclosed no instances of noncompliance that are required to be reported under Governmental Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we coasidered Collier County, Florida's internal control over financial reporting, in order to determine .our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide m~mrance on internal control over financial reporting. Our consideration of internal control over financial reporting would not necessarily disclose all matters in internal control over financial reporting that might be material weakne~. A material wealme~ is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in'relation to the basic financial statements being audited may occur and not be detect;ed within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over financial reporting and its operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting, which we have reported to management of Collier County, Florida in a separate letter dated. M~ch 1, 2_.003... This report is intended solely for the information and use of Collier County, Florida Board of County CommissiOners, management and federal and state awarding agencies and pass-through entities, and is not intended to be and should not be used by anyone other than these specified parties. March 1, 2003 P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditor's Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Program and State Project Distinguished Members of the Board of County Commissioners Collier County, Florida: Compliance We have audited the compliance of Collier County, Florida (the County) with the types of _compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are apphcable to each of its major federal programs and state projects for the year ended September 30, 2002. The County's major federal programs and state projects are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs and state projects is the respons~'bility of the County's management. Om-responsibility is to express an opinion on Collier County, Florida's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Ixnml Governments, and Non-Profit Organizations and Chapter 10.550, Rules of the zluditor General. Those standards, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of . compliance requirements ,eferred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures, as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30, 2002. Internal Control Over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on h major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB .Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that noncompliance with the applicable requh-ements of laws, regulations, contracts, and grants that would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards and State Projects We have audited the basic financial statements of Collier County, Florida as of and for the year ended September 30, 2002, and have issued our report thereon dated March 1, 2003, which referred to the County's adoption of new accounting and reporting standards. Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards and state projects is presented for purposes of additional analysis as required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of the Collier County, Florida Board of County Commissioners, management and federal and state awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. March 26, 2003 AGENDA ITEM.-, No.~ COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR TIlE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title Corporation for National and Community Service D~ct Pro,rants: Retired and Senior Volunteer Progr~n Total Corporation for National and Commualty Servke Environmental Protection A~euc'y Florida Department of Environmental Protection: Staf£ Revolving Fund Total Environmental Protection Agency Federal Emer~en~ Mana~,ement AEenc'v Flodda Depamnem o f Community Afros: Em~gency Management Performance Grant FEMA - Tropical Storm Gabrielle Texrorism Annex Total Federal F-mergeney Management Agency l~Iati~nal Foundation on the Ar~ and the Humanifien Indis'ect Programs: Florida Department of State: LSTA - Seniors on Line Total National Foundation on the Ar~ and the Humanities United States Department of Agriculfurv Incubator - Phase 2 Florida Deparunent of Ag6cultur~ and Cc~sura~ Sc~6ces: Fore~try State Grant Total CFDA Florida Department of Education: School Breakfast Summer Food Sexvice Program for Children T~Lai United States Department of Agriculture United States Department of Commerce Direct Programs: Economic Development Grant Total United States Department of Commerce CFDA gl CSFA # Grant/Contract Number 94.002 01SRSFL078 66.458 CS 120597100-Collier Co. 83.534 01-CP-04-09-21-01-011 83.545 Collier County 83.548- 01 -EO'-N2-O9-2 i -22 -0 i 3 45.310 00-LSTA-E-02 10.769 Collier County 10.662 Ochopee Fire District 10_662 Isle of Capri Fire Dislxic~ 10.553 01-0338 10.555 01-0338 10.559 04-804 11.300 AGENDA.iT_EM No. /g" ,,~ JAN 2 7 125 Expenditures $ 62,40~ 62,400 2,567~823 2,567,823 37,482 1,314,080 3,200 1,354,762 55,695 55,695 171,625 4,835 1,030 5,865 11,994 21,923 386,578 597,985 409,567 409,567 iContinued) COLLIER COUNTY, FLORIDA SCIIEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR TIlE FISCAL YEAR ENDED SEPTEMBER 30, 2002 CFDA #/ CSFA # Federal or State Grantor/Pass-Through Grantor Program Title United States Department of Fish and Wildlife Indirect Programs: Florida Fish and Wildlife Conservation Commission Axtificial Reef 15.605 Total United States Department of FLab and Wildlife United States Department of Health and Human Services Florida Dq~rm~nt of Elder Affairs - Axea Agency on Aging for Special Pmgr'ams for ~ Aging - Title Ill, Part B - Grants for Supportive Semites ~md Senior Centers 93.044 Spoci~l Programs for Ihe Aging - Title HI, P~xt B - Grunts for Supportive Se~ices and Senior Centers 93.044 Total CFDA Special Programs for the Aging - Title ili, Part C-I - Nu~tion Services 93.045 Special Programa for the Aging - Title II1, Part C-I - Nutrition Services 93045 Special Prog~ms for th~ Aging - Title 1TI, Part C-2 - Nutrition Services 93.045 Special Programs for the Aging - Title IlL Part C-2 - Nutrition Services 93045 Total CFDA National Family Ca,giver Support - Title I]I-E 93.052 Florida IXl~aranent of Revenue: Child Support Enforcement 93.563 Child Support Enforcement 93.563 Total CFDA Total United State~ Dcp',rtment or' tiealth ,,nd lluman Services United Stat~s Department of Housing ',nd Urban Development Florida Depattmem of Community Affairs: Community Development Block Grant 14.21 $ Community Development Block Grant 14.21 g Community Development Block Grants - Small Citi~ Progntms 14.228 Total United States Department of Housing and Urbau Development Ualted States Departmeut of Trauspor~ation Indirect Programs: Florida D~pattment of Tramportation: DUI Enforcement Traffic Crash Report Tolal CFDA Highway Planning and Construction ttighway Planning and Constxuction Total CFDA Grant/Contract Number Expenditures FWCC 01047 25,000 25,000 nAA203.01 OAA203.02 nAA203.0 ! OAA203.02 nAA203.01 OAA203.02 nAA203.02 47,526 g 1,443 128,969 4,056 13,425 8,631 12,558 38,670 11.732 CC311 HZF14 427,077 8,865 435,942 615,313 B-01-UC-12-0016 B-02-UC-I 2-0016 00-DB-6B-09-21-01 -E05 1,290~15 313,558 1,603,776 541,251 2,145,027 126 20.600 20.600 20.205 20.205 -02-06-07 27,412 FT-02-24-04 47,275 74,687 PL-O313(39) 208,784 ~.~ 4t~,-~. ,j ~L!L't .n ! 277,018 '~ --r ~- ~ ~ ] (Continued) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Tithe FT^ Grant Section 5307 Section 5307 Total CFDA Immokalee Cisculatot 3 Immokal~ Circulator 4 Immokalee Ci~mlatot 5 Total CFDA Para~u~ansit Vehick~s Total U~I States Departu~nt of Transportation United S~te~ Department nf Justice Direct Progams: Office of Community Oriented Policing: State Criminal Alien Assis~nce Program (SC3.s,P) State Criminal Alien Assistance Program (SCA. AP) Total CFDA COPS Universal COPS MORE 00 COPS MORE 02 COPS in Schools Total CFDA Bureau of Justice Assistance: Bullet Proof Vests Office of Justice Programs: Local Law Enforcement Block Grant Loo. l Law Enforcen~m Block Grant Local Law Enforcement Block Grant Local i.zw Eflforcemcnt Block Grant Total CFDA Flor/da Office of Attorney General: ¥ic6m of C~me Act (VOCA) Florida Dcpar~aent of Juvenile Justice: Civil Citation Florida Department of Law Enforcement Juvenile Arrest and iMonitoring II COPS THUGS Total CFDA S~OP Violence Against Women Grants Program Total United States Department of Justice TOTAL EXPENDITURES OF FEDERAL AWARDS CFDA #/ CSFA # Grant/Contract Number 20.505 AK 894 20.507 FL-90-X436 20.507 FL-90-X456-00 20_509 Al 078 20.509 A1758 20.509 AK 889 20.513 A1757 16.606 2000APBX0483 16.606 2001APBX09~5 16.710 95CCWX0265 16.710 2000CMWX0058 16.710 2002CLWX0035 16.710 1999SHWX0314 16.710 2000SHWX0839 16.607 Collier County 16.592 99LBVX7088 16.592 2000LBVX0998 16.592 200 ILBBXI269 16.592 2002LBBX0347 16.575 VIO01 16.523 CC015 16.579 16.579 16.579 16.588 02-CJ-2H-09-21-0 1-071 02-CJ-2H-09-21-01-070 03-CJ-J 1-09-2 I-0 1-237 00-DV-F1-09-21-0 1-042 127 Expenditures 30,635 119,664 415,449 535,113 53,958 112,200 90,245 256,403 162/775 1,336,634 266,741 87,775 354,516 628,367 91,785 209,379 205,988 558,587 1,694,106 14,700 79,898 269,617 141,832 7,325 498,672 15,407 108,750 103,810 115 212,675 140,821 3,031,087 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 CFDA #/ CSFA # Federal or State Grantor/Pass-Through Grantor Pr~ram Title Florida Department of Community Affairs Emergency Prepm-edn~s and Assistance Trust Fund 52.008 Hazard Mitigation 52.01 I Total Florida Department of Community Affair% Florida Department of Elder Affair% A~a Agency on Aging f~r Southwest Florida, Inc: Home Ca~e fo~ the Elderly 65.00 I Home Care for the Elderly 65,001 Total CSFA Community Care for the Eldetty 65.010 Community Care for lhe Elderly 65.010 Total CSFA Alzheimees Disease lniliative 65.004 Total Florida Department of Elder Affairs Florida Department of Environmental Pro{e~tion Beach Exosion Con~'ol P~ogram 37.003 Electronic Recycling 37.03 I Small Quantity Hazardous Waste 50.840 Total Florida Department of Environmental Protection Florida Department of Fish and Wildlife Derelict Vessel 77,005 Artificial Reef Monitoring 77.007 Total Florida Department of Fish and Wildlife F$orida Department of Health and Rehabilitative S~rvices Emergency Medical Se~ices County Award 64.005 Emergency Medical Services County Award 64.005 Total CSFA EMS - Training 64,003 Total Florida Department of Health and Rehabilitative Serv~es Florida Department of Juvenile Justice Juvenile Arrest and Monitoring I 80.004 Juvenile A~e~t and Monitoring II $0,004 Tot~l CSFA DRILL Aftercare $0.006 DRILL Aftercme 80.006 DRILL Aflerca~e 80.006 DRILL Residential 80.006 Total CSFA Total Florida Department of Juvenile Justice Grant/Contra~t Number Expenditures 01-CP-04-09-21-0 !-01 I 02-PR-37-09-21-01-001 $ 101,653 39,180 140,g33 2,828 1,121 3,949 247,05 I 2,586 249,637 108 253,694 80,889 25,184 46,51 I 152,584 30,950 750 31,700 46,521 39,030 85,551 5,925 91,476 68,435 26,614 95,049 123,188 245,700 122,850 821,250 1,312,988 1,408,037 HCE203.311.02 HCE316.203.03 CCE203 302.02 CCE304.203.03 ADL306.203.03 01-.C01 LCO 1-09 [PN 494 01014 RE01-09 C00-11 CG011 EM001 128 PC220 DPIg6 U3KOI H9005 (1/02-6/02) 119005 (6/02-7/03) ILO005 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR TIlE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Feder~l or State Grantor/Pass-Through Grantor Program Title Florida Department of St~e lnunokalee Branch Library Voter Education Vo6ng Machines Total CSFA State Aid to Liin'~ies State Aid to Lil~"~ies 'l-oral CSFA TotaJ F~orida Department of State Florid~ Housing Finance Commlssioo Urban lnfill State Housing Initiatives Pm~nership Prog~m State Housing lnitiative~ Partnership ~ogram State Housing Inifiafive~ Parme~hip Program Total CSFA Total Florida Hoasing F'maa~e Commissloa Office of the Goveraor Economic Development Grant - Loop Road Total Off~ce of the Governor Florida Departmeot of Tr'~,osport,tioa Transportation Disadvantaged Transportation Disadvantaged Total CSFA Bulk Stooge Hang-m Marco Mitigation Phase I Marco Runway Lights Marco T-Hangars (Second Set) Mitigation Airport Operations Total CSFA Living~on Road - Phase 2 State Block Grant State Block Grant Total CSFA Bus Shelters Customs Facility - Fast Track Total C~FA Tot~! Florida Dep-rtmeot of Tr*-sporlatioo Office of the State Court Admiaistr,tor Civil Traffic Infraction Hearing Officers State Court Grant - Article V Total Office of the State Court Admiaistrator TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE CFDA #/ CSFA # Gr~nt/Contr~ct Number 45.020 02-PLC-02 45.029 Collier County 45.029 Collier County 45.030 01 -ST-09 45.030 02-ST-09 52.021 52.901 52.901 52.901 01-U4)7-09-21-014)04 FYOI FY 02 FY03 31.002 99/001 IA 55.001 AK271 55.001 AL952 55.004 AI413 55.004 AL461 55.004 ' AG 227 55.004 Al 781 55.004 AG 223 55.004 AI 526 55.004 AK 496 55.008 410003-1-54-01 55.010 AJ 346 55.010 AK 892 55.014 Al 079 55.014 AJ847 129 22.001 Collier County 2 ~[:t~::~'~'~:~3011~_~ =~. Expenditures 32,284 22,970 360,000 382~970 175,671 280~196 455,867 871~121 731,730 1,748,014 744,571 3,224,315 3,524,315 53 53 268,713 82~813 351,526 58,815 183 8,184 10,041 10,980 23,148 44,000 155,351 1,810,059 100,442 159,481 259,923 29,299 58,089 87,388 2,664,247 6,000 27,918 33,918 $ 9,171,978 COLLIER COUNTY, FLORIDA NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS SEPTEMBER 30, 2002 NOTE 1 - BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes the Federal and State grant activity for Collier County, Florida and is presented on the modified accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations and Section 215.97, Florida Statutes. Therefore, some amounts presented in this schedule may differ from amounts presented, or used in the preparation of, the basic £mancial statements. NOTE 2 - LOANS OUTSTANDING Collier County, Florida had the following loan balance outstanding at September 30, 2002. This loan balance ia also included m the Federal expenditure~ presented m the Schedule of Expenditures of Federal Awards. Program Title Federal CFDA Number Total Outstandin~ State Revolving Fund 66.458 $40,259,284 NOTE 3 - SUBGRANT AWARDS Th.~ t;~llowing subgrant awards were made by Collier County during fiscal year 2002: Program Title CFDAJCSFA Number Community Development Block Grant 14.218 Florida Housing Finance Commission - Urban Infill 52.021 Subgrant Amount $1,411,891 $300,000 130 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2002 O) Summary of Auditor's Results (a) An unqualified opinion was issued on the basic financial statements. Co) There were no reportable conditions or material weaknesses in internal control identified by the audit of the basic financial statements. (c) There was no noncompliance noted which is material to the basic financial statements. (d) There were no reportable conditions or material weaknesses identified in internal control over major federal programs or state projects. (e) An unqualified opinion was issued on compliance for the major federal programs and state projects. (O There were no audit findings relative to the major federal programs that are required to be reported in accordance with Section 510(a) of Circular A-133 and there were no audit findings for state projects that are required to be reported in accordance with Chapter 10.550, Rules of the Auditor General. (g) Major programs: Federal programs: Environmental Protection Agency: State Revolving Loan Federal Emergency Management Agency: FEMA - Tropical Storm Gabrielle Department of Commerce: Economic DevelOPment Grant Department of Health and Human Services: Child Support Enforcement Department of Housing and Urban Development: Community Development Block Grant Community Development Block Grants - Small Cities Program Department of Justice: Local Law Enforcement Block Grant State Criminal Alien Assistance Program State programs: Florida Department of State: Voting Machines State Aid to Libraries Florida Housing Finance Commission: Urban Infill State Housing Initiatives Partnership Program Florida Department of Transportation: Livingstone Road - Phase 2 CFDAg/CSFA# 66.458 83.545 11.300 93.563 14.218 14.228 16.592 16.606 45.029 45.030 52.021 52.901 55.008 ITEM COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2002 th) A $366,038 and $300,000 threshold was used to distinguish between Type A and Type B for federal programs and state projects, respectively. (i) The auditee did qualify as a low-risk auditee under Section 530 of OMB Circular A-133. (2) Findings Relating to the Financial Statements Reported in Accordance With Government Auditing Standards None. O) Findings and Questioned Costs Relating to Federal Programs None. (4) Findings and Questioned Costs Relating to State Projects None. COLLIER COUNTY, FLORIDA Status of Prior Year Findings Year ended September 30, 2002 Finding 2001-1 U.S. Department of Transportation tlighway Planning and Construction CFDA #20.205 Recommendation: We recommend that Collier County establish procedures that require the individual who has payroll costs charged to the grant program to complete the certification that the employees worked solely on that program for the period covered by the certification. The Alternative Transportation Modes Department has been maintaining the detailed timcsheets and they have been certified on a quarterly basis to coincide with the quarterly reimbursement requests. Contact: Lisa Hendrickson Alternative Transportation 3dodes (239) 213-5889 Finding 2001-2 State Housing Initiatives Partnership (SHIP) CFSA 1t52.901 Recommendation: We recommend that the County implement procedures to accurately report program activity in the correct category. The Office of Housing and Urban Improvement has been coordinating'financial information and reporting with the Clerk's Finance Department throughout the year. Contact: Cormac Giblin Housing and Urban Improvement (239) 403-2336 135 Exhibit F - Federal Certifications and Assurances FEDERAL FISCAL YEAR 2004 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-}Veb) Name of Applicant: CO'~ ~'~ q-~' ~t(-x/,~b"~ ~o,-r'C{ 0-~'~-~' .~'~ Coc, nrjq',~ ~xu-j The Applicant agrees to comply with applicable requirements of Categories 01 - 16. ,.~__ (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following Categories it has selected: Category Description 01. Required of Each Applicant 02. Lobbying 03. Private Mass Transportation Companies 04. Public Hearing 05. Acquisition of Rolling Stock 06. Bus Testing 07. Charter Service Agreement 08. School Transportation Agreement 09. Demand Responsive Service 10. Alcohol Misuse and Prohibited Drug Use 11. Interest and Other Financing Costs 12. Intelligent Transportation Systems 13. Urbanized Area, JARC, and Clean Fuels Programs 14. Elderly and Persons with Disabilities Program 15. Nonurbanized Area Formula Program 16. State Infrastructure Bank Program (Both sides of this Signature Page must be appropriately completed an 25 FEDERAL FISCAL YEAR 2004 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or forrnula project) AFFIRMATION OF APPLICANT Name and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, 1 declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and Federal requirements applicable to each application it makes to the Federal Transit Administration (FI'A) in Federal Fiscal Year 2004. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2004. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of ! 986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 1 $ U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other ceaification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties &perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANTS ATTORNEY For (Name ofApplicant): orr` As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further afl'nm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent thaqmig~, t ildversely atffect the validity of these certifications and assurances, or of the performance of the httomey for A~pplican,''/ ! ) - J ' 3 Each Appl,¢ant for FTA financial ass,stance (except 49 U.S.C. S3'2(b)as$i$1an¢¢)and each FrA Or. ,~-1: ith~i~Cl~F/~'~F°rmu'.L project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capac ~/. 'l~Applicant may in lieu of the Attorney's signature, provided the Applicant has on file this Affirmation, signed by the tomey ah ate ts e e al~,.,dr. Required for: Section 5311 Exhibit I Section 5333(b) Assurance The Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program has been reviewed, and certify to the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Section 5311 program. Dated: Norman Feder, Transportation Administrator (name and title of chief executive officer) (signature of chief executive officer) Listing of Recipients, Other Eligible Surface Transportation Providers, and Labor Organizations Representing Employees of Such Providers, if any. 1 2 3 4 Labor Representing Other Eligible Employees of Providers, If Recipient Organization Project Descpription Transportation Providers any Cite Project by Name, Identify Unions (and Identify Recepients of Description and Provider Identify Other Eligible )roviders) Representing Transportation Assistance (e.g. Recipient, or other Surface Transportation Employees of Providers in under this grant Agency, or Contractor) Providers (type of service) column 1,2,and 3 Collier County Board of TO continue Rural Collier Area None County transit and Transit (Urban Commissioners. paratransit in Transit Service) Collier County. The services will be provided through two contractors (ATC Paratransit and Community Transportation Specialists) (Federal funds requested, $125,357.) ~ ~- ~ AC FL :, %'A;! EXECUTIVE SUMMARY THAT THE BOARD APPROVE THE VEHICLE LEASE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISlONERS AND ATC PARATRANSlT AND AUTHORIZE THE CHAIRMAN TO ENTER INTO THE AGREEMENT OBJECTIVE: To approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners serving as the Community Transportation Coordinator and ATC Paratransit, the Management Entity for the Community Transportation Coordinator and authorize the chairman to execute the Vehicle Lease Agreement. CONSIDERATION: The Board, as the Community Transportation Coordinator (CTC), is eligible for funding to purchase vehicles for utilization in the Transportation Disadvantaged Program. ATC Paratransit serves as the Management Entity for the CTC and is not eligible for funding through FDOT and the Federal Transit Administration therefore these funds are managed by the county. As a recipient of FDOT and FTA funds, the BCC is required to have a vehicle lease with ATC Paratransit for the vehicles purchased with these funds. FISCAL IMPACT: The County will maintain and fuel the vehicles. ATC Paratransit will reimburse the county for any maintenance and fuel costs. The funds, revenue and expenditures, have been budgeted in the FY 2004 budget process in Fund 126. No addition funds will be needed. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board approve authorize the chairman to execute the Agreement. the Vehicle Lease Agreement and Approved by: ' >'~'¢ ~/~.~2~~ Date: 1/13/04. P repa red by: ~- ---~ ~-~- //~f · ~"~'~. B. rown, Public Transportation Planner Reviewed by: V~ Date: 1/13/04. Di~l~e I~. ~lagg, Traffic Operations and ,~/~. ~ortation Modes Dire ct or Norm~/~ FedeX:, Ttransportation Date: 1/13/04. Services Administrator JAN 2 7 7.(;~q Pg. LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of ., 2004, by and between Collier County, a political subdivision of the State of Florida, hereinafter called the "LESSOR," and COMSIS Mobility Services, Inc., d/b/a Intelitran and ATC Paratransit, hereinafter called "LESSEE." WITNESSETH WHEREAS, in furtherance of the parties' Agreement dated October 1,2002, the Lessee has ageed to lease passenger vehicles described in Exhibit "A" from the Lessor and Lessor is desirous of leasing said vehicles to Lessee (the "Vehicles"); and WHEREAS, the Vehicles are the titled property of the Lessor; and the eighteen (18) Vehicles; and WHEREAS, Lessor has agreed to maintain the Vehicles as evidenced by Exhibit "C"; and X ,r 1_ I2 ~k HER,~AS, the Lessee has agreed to perform Daily Vehicle Inspection Sheets as shox~m in Exi~ibit :'B" and provide these sheets to the Lessor daily, NOW, THEREFORE. in consideration of the premises and covenants contained herein, it is as follows: ,,ks of the effective date of this Agreement, any prior lease agreement by and between the parties is hereby superseded, including the lease agreement dated April 22, 2003. LEASE TERM AND RENEWAL The Vehicles are leased to the Lessee as of the date first set forth above. This Agreement shall remain in effect for a period of one year, and shall be automatically renewed for an additional year for up to three (3) annual extensions, unless either party gives notice to the other to the contrary at least ten (10) days prior to the anniversary date, or unless this Agreement is otherwise terminated as set forth below. An extension may be for any or all of the Vehicles. A supplemental Exhibit "A", with a revised payment schedule, may be issued as a condition of renewal. LESSEE COSTS The Lessee will pay to the Lessor the annual sum of $1.00 as rent for the Vehicles. 4. DELIVERY The Vehicles will be delivered to the Lessee at a mutually agreed upon time and place. Proof of Insurance coverage by the Lessee, as provided in paragraph 8 herein, must be provided to the Lessor prior to acceptance of delivery. 5. TITLE Title to the Vehicles is in and shall remain in the name of Collier County. The Lessee will not loan, lend, sell, sublet, assign, mortgage or otherwise encumber any of the Vehicles, or permit them to be subject to any legal process, without first obtaining the Lessor's prior written consent. The Lessee has no authority to place, or permit to be placed, any lien, encumbrance or charge on any VehicIe for any repairs, replacements or any other reason without the prior written consent of the County. Lessee agrees to keep the Vehicles free from all liens, encumbrances and charges of any nature whatsoever, whether voluntary or involuntary. 6. .\',A~N , ENnN CE/FU~L The Lessor shall maintain and make ail repairs to the Vehicles during the Term of this Agreement. Lessee will be invoiced for said repairs and maintenance as well as any fuel obtained from a County facility. The amount of any invoice remaining unpaid after 30 days shall be deducted from the amount of the Lessee's invoice for services pursuant to the October I. 2002 Agreement. 7. RETURN OF VEHICLE At the termination or expiration of this Agreement, the Lessee shall return the Vehicles to the Lessor in good condition, ordinary wear and tear accepted, and shall execute any and all papers necessary to effect the transfer of possession of any Vehicle back to the Lessor free of all liens and claims. Tires shall be maintained in good condition with a minimum average of no !ess than 7/32" of tread. Lessee shall be responsible for the cost of repairing, replacing or restoring any Vehicle, equipment or parts, delivered in substandard condition. 8. ENSURANCE The Lessee at its sole cost and expense will obtain and maintain any and ali insurance required by Lessor during the term of this Agreement, naming both the Lessc ~ Florida Department of Transportation as an additional named insured. Presently, the following minimum insurance is required: $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each Vehicle. Lessee shall inform the insurance carrier that a policy is required that obligates the insurance company to notify the named added insured, Collier County and the HoNda Department of Transportation, prior to any proposed cancellation of coverage of the leased Vehicles. The Florida Department of Transportation shall be named as certificate holder, and shall remain named as such on the insurance policy throughout the time period of this Agreement. The Lessee shall provide a copy of the policies and endorsements, and any notices of proposed cancellation of coverage shall be sent to the Lessor at the following address: 2705 South Horseshoe Drive, Naples, Florida 34104, with a copy to the Office of the County Attorney. Notice of cancellation should also be sent to FDOT, P.O. Box 1249, M.S. 1-39, Bartow FL 33831 and/or Public Transit Coordinator, I~T)OT, P.O. Box 1030, Fort Myers, FL 33902. i0. OPERATING EXPENSES License plates used on the Vehicles shall be issued in the name of the County. if a certificate of iitle is issued with respect to any Vehicle. it shall be delivered to the County or its assignee. A certificate of title will only be deiivered to the County after ET~OT releases its lien. The Lessee shall bear the cost of ali operating expenses incidenta! to the use of the Vehicles, and in the operation of the vc~,~c.~ ~ae Lessee shall complv with ail legal requirements. OPERATIONS In the operation of any Veh'~cle leased by this Agreement, Lessee a~ees; To limit use of the Vehicle to approved transit services as provided to carriers under contract with the Lessee. This information shall be provided to Lessee by Lessor. Lessee shall implement no changes in use of the Vehicles unless written authorization is first received from Lessor. Not to make any alterations or modifications to any Vehicle except with the prior written consent of the Lessor and the Florida Department of Transportation. To precisely follow the Lessor's guidelines for affixing or painting any designs or marking signs on the Vehicles. Neither commerciaI nor political campaign advertising shall appear on leased equipment. Public service posters or announcements may be placed in pre-existing advertising racks, if an~.. Not to use the equipment in violation of Federal. State or Municipal statute, law. regulation, administrative ruling, order or ordinance. To hold Lessor harmless from all fines, forfeitures or penalties for traffic violations or other violations incurring in connection with the operation of the vehicles or equipment by Lessee. To cause each Vehicle to be operated only by a fully qualified, competent, properly licensed driver. Lessee shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss or damage of any n attire. To protect the Vehicles from theft and other hazards while under Lessee's control. To be responsible for dan~ages or loss to the Vehicles in the event of disaster, fire, theft, flood, riot, strikes, conversion, collision or other particular total destruction except to the extent Lessor may' be reimbursed by payment of insurance proceeds. To verbally notify the Lessor immediately of any theft, fire, improper performance, damage, accidents or collision, inju~ or death of a persons in which a Vehicle has been involved and, refrain from operation of such Vehicle so involved until permission is obtained from the Lessor; to supply a copy of any report required to be filed with any administrative body or government unit, to supply a written report within seven (7) days of any theft, fire. accident or collision, injury or death of a person or persons involvina any" ' i ' ' ~ ~ v en.c~e, tn the event or failure to so notify Lessor, Lessee will be responsible for an',' loss to Lessor as a result of such failure: to cooperate fully with the Lessor in any reasonable way to prevent loss; to aid in eyeD' a result of the operation of the Vehicle, to notify the Lessor promptly of any papers, notices or documen{s served upon the lessee, its agents, servants or employees, arising out of the Vehicle. In addition, the Lessor and the Florida Department of Transportation shall be notified by' telephone or in person, regarding each incident or accident involving an injury or fatality of any person or persons as a result of the use of any Vehicle no later than the end of roo,~l.qr workiing hours on the next r~o,,lnr warking day following occurrence. Notification and reporting shall consist ora written report .... - ; ~vn,~lning the following: Name and address of drivers involved; Date and Location of accident; Number of Injuries; Number of fatalities; Brief description of accident; and Written copy of police report and any subsequent investigations (within 30 days). Ko In accordance with Chapter 14-90 F.A.C, additional notification to the Lessor and the Florida Department of Transportation, in writing, is required if a person dies within 30 days after an accident. Notification shall be submitted within 24 hours after death. Lessee shall not initiate any actions for recovery of damages to any Vehicle without the prior written consent of Lessor. Lessee shall take no steps, which would affect the Lessor's claim for damages including the filing of any reports or statements, without the prior written consent of Lessor. ! I. REQU'TRED REPORTS In addition to special reports, as necessary, previously cited in paragraph 10 above, certain regular operating reports are required by the Lessor, of the Lessee. 1. Preventive Maintenance / Inspection Forms and Reports Records of inspection, including vehicle mileage, shall be recorded on work order forms by the Lessor. The work orders identify ~anmes, n any, where detected, whether by regu~ ar inspection, driver report, vehicle breakdown, or other. The work order forms shaI1 be accumulated and submitted monthly, with inspection check lists (as applicable), to the Flor/da Department of Transportation. individual vehicle Record Files shall be kept current by the Lessor. Records shall be available for The Florida Department of Transportation's review during periodic compliance inspections. Reports shall be performed by the Lessor for each Vehicle with completed work orders and preventive maintenance checklists, as applicable, attached thereto. Reports shall be maintained monthly, within 15 days following the month covered by the report and all reports, including attachments, shall be legible~ 2. Daily Vehicle Inspection Daily vehicle inspections are crucial to the success of a Preventative Maintenance Program. Investing a short time on a daily basis to inspect each Vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. 1¸2. 13. Each driver will inspect his or her Vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. The transportation manager must fax the Daily Vehicle Inspection sheets to Fleet Management daily. B. Report forms are attached as Exhibit B. AUDITS AND D4SPECTIONS Lessee agrees to permit the Lessor or the Lessor's designated representative and The Florida Department of Transportation, to audit all books, records and files relative to the operation and maintenance of the leased Vehicles, equipment and pails (as applicable); to assist in providing said documents and information and to pea,--mit inspection of the Vehicles, equipment and parts. NOTICES All notices should be sent to the following person or their designee: Collier County: Diane B. Flagg Traffic Operations and Alternative Transportation Modes Director 2705 South Horseshoe DiSve Naples, F1 34104 Phone:(941) 403-2310 Fax: (941) 213-5899 Florida Department of Transportation: Richard P. Shine Transit Project Coordinator P. O. Box 1030 Fort Myers FL 33902 Phone: (941) 461-4300 Fax: (941) 338-2353 COMSIS Mobility Services, Inc. d/b/a intelitran/ATC Paratransit: Jim Van Pelt General Manager 3584 Exchange Ave Naples, FI. 34104 Phone: (941) 649-4439 Fax: (941) 649-0464 14. '5 STANDARD ASSURANCE The Lessee assures that it will comply with all applicable Federal statutes, regulations, executive orders, FTA circulars, and other Federal administrative requirements in carrying out any project supported by the r~TA grant or cooperative agreement. The Lessee agees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA. The Lessee recognizes that Federal laws, regulations, policies, and administrative practices might be modified from time to time and they may affect the implementation of the project. The Lessee agrees that the most recent Federal requirements will apply to the project, unless FFA issues a written determination otherwise. Copies of these regulations are available upon request from the ,~,..,,~,~,~,.r'~T:~ County Transportation Division. DRUG-r'-nREE WORKPLACE AGREEMENT Lessee shall publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; Lessee shall establish hn ongoing drug-free awareness program to inform its employees about: a. The dangers of drug abuse in the workplace; b. Its policy of maintaining a drug-fee workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; d. The penalties that may be imposed upon its employees for drag abuse violations occurring in the workplace; Lessee shall make it a requirement that each of its employees engaged in the performance of this Agreement will be given a copy of the statement required by paragraph (1) of this certification; Lessee shall notify each of its employees in the statement required b×~=a..rag~aph , 16. (1) that, as a condition of employment for matters financed by this Agreement, the employee will be required to: a. Abide by the terms of the statement; and b. Notify the Lessor in writing of any conviction by an employee for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction; Lessee shall take one of the following actions and notify Lessor of any said action taken within thirty (30) calendar days of receiving notice of a drug conviction by an employee: a. Take appropriate personnel action against that employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require that employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; and [x:ssee shall make a good faith effort to continue to maintain a drug-fee workplace through implementation of subparagraphs (1), (2), (3), (4), and (5) above. The Lessee agrees to maintain a list identifying its headquarters' location and each workplace it maintains in which project activities supported by Lessor are conducted, and make that list readily accessible to Lessor. N ONDiS C R iMINATiON A S S L~ANCE As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Lessee assures that it will comlSly with all requirements of 49 CFR part 21 :FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit Administration Recipients", and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Lessee receives Federal assistance awarded by the U.S. DOT or FTA as follows: The Lessee assures that each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. ~ ~ 8~ ~ 17. 18. 19. 20. The Lessee assures that it will take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from FFA will comply with the applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21. The Lessee assures that it will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discr/mination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FFA. Upon request by U.S. DOT or FI'A, the Lessee assures that it will submit the required information pertaining to its compliance with these requirements. The Lessee assures that it will make any changes in its implementing procedures as U.S. DOT or FFA may request. The Lessee will include in each third party contract or sub-agreement provisions to non-discrimination requirements. ASSURANCE OF NONDISCRLMINATION ON THE BASIS OF DISABILITY As required by U.S. DOT regulations, "Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting fi-om Federal Financial Assistance," at 49 CFR 27.9. the Lessee assures that, as a condition of this Agreement, no otherwise qualified person with a disability shail be, solely by reason of that disability, cxciudcd h'om participation in, denied the benefits oL or otherwise subjected to discrimination. PROCUREMENT COMPLIANCE Lessee ,~'iii ........ (-,~mal,,. *: ,x,;,¼ ........ cmDlip'~l"lout .... ~,,~ Federal and State s~at~.~est ,,t relating to nondiscr/mination. Copies of any such requirements shall be furnished to Lessee .upon request. DEMAND RESPONSIVENESS CERTIFICATION The Lessee certifies that its demand responsive service offered to persons with disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service offered to persons without disabilities. When viewed in its entirety, the Lessee's service for persons with disabilities is provided in the most integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. [NDEMNffrlCATION The Lessee shall fully hold harmless and defend Lessor and its agents and employees from all claims, demands, suits and actions of any nature whatsoever, including attorney's fees and all costs of litigation, concerning in any way Lessee's performance of this Agreement, including performance by Lessee's agents, employees, subcontractors or assigns. This provision shall also pertain to any claims brought against the Lessor by any agent, employee subcontractor or assign of the Lessee, or anyone directly or indirectly employed by any of them, concerning in any way this Agreement. Lessee agrees that its obligation to indemnify the Lessor extends to and includes liability for the contributory, or concurrent negligence of the Lessor, its employees or agents. This responsibility shall include, but shall not be limited to, liability for damages resulting from injury or damage to any employee of the Lessee or Lessor, regardless of whether the Lessee or Lessor have paid the employee under the provisions of any workmen's compensation laws or similar legislation. Lessee's obligation to defend and hold harmless Lessor is a substantial consideration for Lessor's entering into this Agreement~ and as such Lessee's ]iabiiity under this provision is unlimited. It is specifically understood and agreed that this indemnification does not cover or indemnify. the Lessor for its sole negligence. -~ 1. GOVERNING LAW This Agreement is executed in the State of Florida and shall be construed in accordance with the laws of the State of Florida. ASSIGNMENT. BY LESSEE Lessee may assign, transfer or sublet any or its rights ~,,,uel ~h,.~ Agreement or in any Vehicle covered hereby only xvith the prior '~vritten consent of the Lessor, which consent may be withheld by Lessor with or without ~a°°d ca'~se. S~ch assi~,arnent." ,.~_ an~e~= 'or subletting shall nat r,:.li~x,'p th,~ [~.,$~ O.F 3D\" al' itc c~¼l~crs~tic~nc hereunder 23. EARLY TERMLNATION This is an "at-will" Agreement. Accordingly, either party may freely cancel or terminate this Agreement at any time, with or without cause, effective upon thirty (30) days written notice to the other party, and upon completion of all post-te.rmination requirements set forth herein, shall have no further obligation or liability to the other party arising out of this A~eement. 24. ENDEPEiNT)ENT CONTRACTOR STATUS AND RULE OF CONSTRUCTION The parties to this Agreement are independent contractors, each responsible for its own behavior, and neither responsible for the behavior of the other. This Agreement shall be governed by the following Rule of Construction' Where terms are silent or ambiguous regarding the relationship between the parties to this Agreement, such construed in a way which is consistent with the parties' intended independent contractor status. 25. COMPLETENESS OF AGREEMENT This Agreement sets forth all the agreements, terms conditions and understandings, between Lessor and Lessee with respect to the subject matter herein, and there are no agreements, customs, usage's, terms, conditions or understandings either oral or written, expressed or implied, between the Lessor and the Lessee, as Lessor and Lessee, other than are herein set forth. EN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. COMSIS MOBILITY SERVICES, Inc., dJb/a Intelitran/ATC Paratransit Kenneth Westbrook Regional Vice - President Date: .ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk 'A~ ~d legal sufficiency: Jeffre[y A klatzkow Assistant~i°unty, Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , CHAIRMAN Z Z ~ Z I Z Z Exhibit "B" MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT M~TiMIJM DAILY VEHICLE PR.E-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: Mileage: Inspected by: OK Needs Repair [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Service Brakes Parking Brakes Tires and .Wheels Steering Horn Instrument Lights Interior Lights Exterior Lights Windshield Wipers Re~ Vision ~.M/rrors Pn~anger D,:,c. rs E-'.chaust System Equipment for Transporting 5'v~eelcha,.'rs Safety and Emergency Equipment See Comments Comment Comments: Inspector's Signature: This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual wa~ developed by the Florida Department of Transpomtqon Public Transit Office Page 13 of 24 - Exhibit "C" PREVENTIVE MAINTENANCE PLAN PREVENTIVE MAINTENANCE PLAN FOR SNEALL BUSES, VANS AND SED)dNS T~Ms manual was developed by the Florida Department of Transportation Public Transportation. INTRODUCTION Preventive maLntenance: a term used to describe the performance of regularly scheduled maintenance activities on a vehicle in order to prevent the possibility of malfunctions, to extend vehicle life and to reduce-maintenance and °perating-cost~tf-themajority-ofyourvehicle-repairs-are-m-ade-afterthe vehicle experiences a mechanical failure, you do not have a functioning preventive maintenance program. A well-established comprehensive preventive maintenance program is as important to a successful transportation system as the actual purchase of the vehicles. The Preventive Maintenance Plan proposed herein consists of: · making preventive maintenance arrangements; · adhering to a preventive maintenance schedule; · establishing a vehicle inspection checklist; · conducting daily vehicle inspections; · completing correspon 'ding inspection checklists, and; · I ,~n,.'nc~ comvrehensive .~,.-,: .............~ ~^ · · - It is preferred to ~aice m~ntenanc,~ arrangements in ~e inh-~ni ni~qnnin~ stages ~,'* =,, ,,~o~,a~,on ..... v' ~s .......~,~c, ,[ ~ wise to re,dew it ~ order to i~e it meets yo~ c~ent needs. Maintenance cart be arranged in a variety of,.vays to lit your %'stem needs: · . Contract maintenance out to cormnercial mechanics. 2. Arrange for other agencies such ~ city or count-,/, or school bus gm-ages to maintain vehicles. o Set up an in-house maintenance program. The major advantages to an in-house program: · vehicles will be routinely checked for problems · mechan/cs will be familiar with the vehicles This manual was developed by the Fl, or/da Department of Transportation Public Transit Office Page I of 24 · and most importantly the mechanics will be your employees. 4. A combination program: in-house routine maintenance combined with other work contracted- out~ - ....... Exa mp les: Potential in house work: routine and scheduled maintenance, i.e.; oil and oil filter changes, air filter changes and PCV valve changes. Jobs to contract out: those requiring special expertise, tools or machinery. Note: If you choose to have your own mechanics and allow them to perform the preventive maimtena~ce in~peatian~ thay qhcm],4 'mast t..he tcdlo,,,4Bg ..... ; ..... *~. · have knowledge of and have mastered the methods, procedures, tools and equipment used when performing inspections have at least one year of training an&'or experience as a mechanic or inspector in a vehicle ma/ntenance ore,mm .~d h.~v~ ~,,r~,;~,~, ~ .... al ~tcnc-wtedge of the .,~".,-:~o o ,wined and oper,~ed ,,~ yo~r cc, rnnnn',,' ~n c, rF~-r tO r'~c~n,~e J~'i~C;~nr'i~S or mechanical defects. In addition to the above, you may have your inspections satisfy, your annual safeW certification ~ req~dred by v-,onda Dep~m~.~ent ,' r'r~.,,-.,,~,~4,,,, Safety Regulations. ': ....... k.,*,~,-o must oe ~mowteageame of~e requLrements set £onh m ~,,~-~ ~ ~_o0 f107, ia_on nOR mhd 14-90.009, important: For an effective Ln-house preventive maintenance program, the following minimal facilities are necessary: · a garage or building for vehict~ to be brought under cover to be sex'Aced · proper drainage for washing vehicles in your garage · a recycling method for motor oil and other wastes · equipment for liffing or jacking vehicles · a complete set of hand tools-wrenches, sockets, pliers etc. This manual was developed by the Florida Department of Transportation Public Transit Office Page 2 of 24 PREVENTIVE MAINTENANCE INSPECTION After you have made the arrangements for your maintenance program by considering your system's .......... facihties-and-personnel-strengths- and- limitations,-workwith-your-drivers-arrd-m-e~ha~i~s-oi-~-ei6iiir shop to develop a basic maintenance schedule. Mechanics or repair shops must be made aware of and become famihar with the minimum maintenance requirements for each vehicle along with all State and Federal requirements. With each vehicle, maintenance must be performed either at a specific mileage increment or within a specified period of time. If rout/ne and proper preventive maintenance is not performed, the vehicle's rehability will suffer, its worklife will be shortened and its warranty provisions may be violated. A sample preventive mainten~ce program has been provided herein to act as a guide in setting up your program. The attached program sets forth specific requirements and preferred mileage schedules. This pro,m-am will meet the needs of most companies however, as a general tale, you should compare this vehicle preventive maintenance schedule with ',he schedule provided in the owners manual for your vehicles. Always go with ~e most stringent requirements. This manual was developed by the Florida Department of Transportalion Public Transit Office Page 3 of 24 PREVENTIVE MAINTENANCE INSPECTION lvlILES / INTERVALS SMALL BUS, VAN AND WAGON ..... Mileage -Type-Inspection- ......... 6,000 A 12,000 B 18,000 A 24,000 C 30,000 A 36,000 B 42,000 A 48,000 C 54,000 A ~6 N~n A 78,000 A 84,000 B 90,000 A 96,000 C This manual was developed by the Florida Deparm~ent of Transportation Public Transit Office Page 4 of 24 __ PREVENTIVE MAINTENANCE INSPECTIONS The preventive maintenance inspection is a program of routine checks and procedures performed on a scheduled and recurring basis to avoid breakdowns and prolong equipment life. The "A" Inspection is performed every 6,000 n~files. It is designed for the inspect/on, service and replacement of certain items at predetermined times and to make minor adjustments as necessary. The "B" Inspection is performed every 12,000 miles. This inspection repeats the "A" inspection items and includes certain additional items which should be inspected and serviced as indicated. The "C" Inspection is a technical and performance inspection and is accomplished each 24,000 miles. The "A" and "B" inspection items are repeated and additional scheduled items are required to be accomplished which were not part of the other inspection intervals. mo 6,000 MII.E SERVICE AND MAINTENANCE CHECK INTERIOR INSPECTION Ail Seats / Seat Belts .~en,_ _. c,--,v~=~,g for tine ,h4,,~,-_., v. and .vassenger o,.,~,~*~'~ ~,m_,.,u~*'~"~ be -'respected for rips, tears, gouges, exposed springs and security of floor mounting. Seat belts should be '-2nspected for proper retraction mechanisms..&,-m rests should be inspected for proper securement to seats. Any foiding seats should be checked for proper operation of adjustment controls. Driver seat should ........... r w,,ver ~,~,. vmct afl n-tovement and ~acks should be mbncated as necess . ~oors / r~m.~es / L~tches Lubricate door hinges and latches, check operation of windows, doors, and the condition of the glass. Check condition of exit signs. Check emergency exit to insure it fimcfions and that it is properly identified. Floor/n~ / Headliner / Side Panels Lrxspect floor covering for tears, rips orovou~oso~ . Inspect headliner for damage, sag or dirt. Inspect the condition of side panels. On vehicles designed to allow standees check the condition of the standee line and sign. The line must be of contrasting color at least two inches wide and the sign, prohibiting anyone fi'om. occupying a space forward of the line, must be posted at or near the fi-ont of the vehicle. Inspect condition of the ~ab rails for the standee passengers. . Mirrors This manual was developed by the Hot/da Department of Transportation Public Transit Office ~ Page5of24 !; .. -. Check inside rear view mirror(s) for proper securement, adjustment and the condition of the glass. Also check the right and left exterior mirrors for adequate field of vision. Interior-Liahts Inspect the interior lights and the stepwell lights, if applicable, for operation by operating door opening switches, dome light switch, rheostat and the mm sig-nal as well as the high-low beam indicator switch. Exter/or Liahts / Horn Outside assistance may be required ~vhen making this check Check parking, low and high beam headlights, turn signal operation front and rear, and hazard flashers. Turn on all outside clearance hghts and check operation. At this time also check hcense plate hghts, back-up hghts and brake lights. A3I Hghting mn~t ac~mnlv xv~th the ,--in;m ........; .....~° set · r:~^ ' - ~-. ....... ~-~ ................. .~ ......... foPda m ~.~,~nda Statutes 316.220, 316.221,316.224, 316.225, 316.226, 316.234 and 316.235. Check bom. The horn must be capable of emitting a sound audible under normal conditions from a distance of not less than 200 feet. Warning System ....... ,~,_,ume ta~ ...... operation, if ~he ,~h~i~ is equipped with gauges, check proper read~gs a~er ~e en~e h~ beea stmed. Ch~k all ~w~cne~ for proper a~d complete ~ob~, iever~, etc. ............ s cnghne cola, c~ercmanc l-,~uper activation ox auromauc choke. Listen for starter ~ ~-T., .......... 1 ,~,-~o~= ,--- ~ind and for an), ~-~'+,~,, squeal or ,~,,,~ ,**,~u,~ noises dm-:mg initial start. As eno-quo warms, monitor all gauges. V¢.'h/Ie depressing the brakes, shift the vehicle into reverse and check the audible back-up alarm. Windshield / Windshield Wipers / Washers / Blades Imspect windshield for crocks, scratches and any ,,qsible damage. Operate windshield wipers through all ranges on wet glass. Inspect condition of windshield wiper blades and arms. Replace if needed. Check washer fluid level. 10. Windows Inspect side and rear windows for cracks, scratches and proper mechan/sms. This manual was developed by the Florida Department of Transportation Public Transit Office Page 6 of 24 11. Comfort System Operate and check heater and air conditioning controls through all selector ranges and check -varying- fan- speeds for proper- operatiom-. Check-rear mt'output,- as applicable; EXTERIOR INSPECTION 12. Exterior Body and Components Inspect exterior ofvekicle for signs of body damage, missing trim, decals, paint condition and any signs of developing rust. Inspect the outside of all windows for cracks, blemishes or other damage. Inspect bumpers for secure attachment or signs of damage. Inspect mirrors and mirror brackets for secure mounting, rusting or broken glass. 13. Tires and Wheels Inspect all tires for signs of uneven wear due to imbalance or improper front end aliLmment, check for exposed cord or steel belts, inspect valve cores, check for scrubbing or sidewall damage. Determine tread depth. Tread ~oup pattern depth shall not be any. less than 4/32 (1/8) inch, me~ured at any point on a ~w ...... ~oove for Wes on the steeling m-de and no less than -,,~(~/~)~-.~ - . . , , .. ............ r,,r a:l o~er pres. C .... k .air pressure in ail tires including spare. Check condition of spare tire and mounting. Check tires for cuts, nails or other embedded foreign objects. Check wheel lugs for proper t.~,~-.-,,,~ c'~,~-,.- all wheels, inc!udLng sp~e, r%r any -~ .... ~ ,~,~,~,e or improper bead seating of tire, or far :my missing bah_ncc weights. Check hubcaps C'-r s..c~,. ~o,mtm,. Inspect exte,'5or access doors and lubricate ~nges or ~ring latches as necessary. Check fuel cap for proper fit and any signs of damage to fuel servicing piping/hose. Check hood latch and lubricate, check retainer bar for proper operation. Secure hood open. SERVICE AND OPERATION INSPECTION 15. Engine OiI and Filter Under normal operating conditions, change oil and filter at every 6,000 mil~ transm/ssion fluid level and condition of fluid. This manual was developed by the Flor/da Department of Transportalion Public Transit Office Page 7 of 24 16. Ball Joints / Steerin~ / Drive Line (Lubricate) Lubricate and inspect all ball joints, steering and drive lines and all other points with zerk fittings:-Check-power-steering-forvisible-~'fg~-~f fluid-le-a~s~-Chec--~-the drive line joints and yokes for wear. Replace any broken or damaged zerk fittings. 17. Battery_ Check battery mounting tray condition (rusting or wear) and battery holddowns. Check battery case for cracking or damage. Check post and fasteners for corrosion - clean and cover with protectant. Check cables for fraying or signs of deterioration. If applicable, check and service water levels of individual cells or inspect "~een" indicator. 1 $. Cooling System Visually check cooling system for leaks. Check the overflow tank for adequate coolant and inspect the cleanliness of coolant. Inspect the condition of the upper and lower radiator hoses and check the security of the fasteners. Check butterfly drain for snugness. Inspect water pump and engine intake at the thermostat housing for signs of leaks. _.~sp~ct~ ~ .__.~.~t~-~o,-. cap for signs ,,,. ~,,~,r~'~ or pressure ,~oo.'^'~ Before remo~?mg the cap, ~ow ~e to ,~,~,~ ~ "- Re~eve ~ny ~--:~ -- ~. ~s~ m ~ s~ s ..... R~mo,~ ~d ~pect ~e ra~ator c~. At ~s ~e, ~e radiator core ~d ~e ~tefior of the radiator ho~g may be visually ~pected for co~osion or ciog~g..~so, if circ~ation prob'tems ~e su~ecte~ operation of the water pump ~d ckculafion of the cool~t may be verified Mth ~e en~ne running. i'9. A_,-'r ~'~ q._,eaner / Filters ,,~,~,,,,, e~> ...... ,~,;- ~,,,~,c~ ..... ~,~'~ h-~-pect. Inspect air intake hoses ~.d clamps. Visually inspect ail vacuum hoses and connections, inspect fuel line for leaks or damaged lines. 20. Belts / Hoses / Wifin~ Inspect all belts for sigmas of wear, fray, crac 'ks, glazing and proper tension, lrnspect heater hoses and connections. ~mspect w;~,ng for signs ofcha~ng, corrosion, loss of insulation and crimping. Insure wiring does not come in contact with moving parts or heated surfaces. 21. Under Hood / ExhaUst System Check transmission fluid level with the fluid warm and the engine nmning. Check color of fluid- for any signs of overheating. Visually inspect the transmission pan, front and rear seals, speedometer drive and dipstick tube for any signs of leakage. Visually check the transmission oil cooler, lines and coimections for signs of a leak. !~.:~..'~ .:~~~--~ This manual wax developed by the Florida Dep~rtmeut of Transportation Public Transit Offic~ _ .:_ -.. ' :; i } i Page 8 of 24 Inspect exhaust system, from the exhaust manifold to the tailpipe, for proper securement and for any signs of an exhaust leak. BT- 1-2; 000-M/LE SER-VICE-AND MAINTENANCE-CHECK 22..Brakes Remove wheels and inspect front brake pads and rotors for wear. Check calipers and brake lines for signs of wear or leaks. Inspect rear brake linings and drums for wear, scoring and warping. Check for any dirt or grease accumulation on the brake system. Replace or repair as necessary. 23. Operational Check Check for smoothness of acceleration, centering of steering wheel and the proper tracking of the in steering. 24. Transmission Check operation of*dae shift lever and indicator and the smoothness of shift and operation in each ge-,~. Check for proper acceleration through gear ranges in Drive position. C. 24,000 M?,_E $ERVICE AND ~JLam-NTENANCE CHECK 25. V~'neel Bearings /Drive ShaP~ ....................R~mnve ,nci N~ect c,-,,,,t wheoi beatings, clean and lubricate or replace. u-.joints m~d slip.joints. Lubricate as necessary. 26. Shocks / Sorinv. s rn~ect shock absorber cylinders for signs of leakage. Check bushings for signs of wear and the mounting brackets for secure mounting, inspect coil and/or leaf springs for signs of damage or wear. Inspect fie rod ends, upper and lower ball joints and drag links for signs of wear. Lubricate all po~Xs equipped vAth zerk fittings. 27. Rear Differential Inspect rear axles and axle housing for signs of stress, wear and leaks. Check differential fluid level. (Note: Change differential fluid every other "C" inspection). ~. 28. Eng-ine Tune-up See vehicle sen, ice manual for details. TMs manual was developed by the Florida Department of Transportation Public Transit Office Page 9 of 24 ?,.~ ~t~-'~- 29. Chanae Transmission Fluid and Filter Remove transmission pan and drain fluid. If the transmi_ 's_s_i~n_torque_converter. is equipped-with a tYr~d~-lS[u~, ~2fai~ fluid ~0m it as well. Inspect debris in the bottom of pan for signs of internat transmission damage. Check the color of fluid for signs of overheating. Remove and replace filter screen. Not any abnormalities on the check offsheet. ACCESSORIES 301 Fire Exting~uisher / First Aid Kit / Safety Triangles Inspect the above ment;m,,-,t ~c,~,,, · .............. .r equipment to insure it is in proper working order, securely mounted and easily accessible. Fize extingnisher must be fiztly charged,, with a dry, chemical or carbon dioxide, having at Ieast a 1A:BC rating and bearing the label of Underwriters Laboratory, Inc. 31. Wheelchair Lift / Tiedowns Inspect xvheelchair tiedow'ns for secure mounting and anchoring to floor. Safety. bel'ts should be clean and properly installed. Check retracting assembly. ....... s,e,e,~, cormectors and belts. ~3~,~m*o !;9 tJ~-'-ough all ~,'-Z= ~ ............ ~,~.~s and fancfions. Check p~d&Jng and labels. Check emergency back- system if equipped. Check interlock system. Lnbricate appropriate lube poh-~ts. oz. bicense mares / ReEistration / r-~ .... *ors Check condition and currency of license plate and registration mxd appropriate manuals. Insure accident report forms and other appropriate documents are up to date and available ha ~e vela/cie. Check for operating manual for the wheelchair lift. 33. Air Condifion/ng Systems Check Each ~nfin~, -~- --,, , .........season for constant air conditioning use, the air conditioning system should be scheduled for a thorough operational check. The system should be checked with the appropr/ate air conditioning serv/ce equipment and gauges. Check the entire system for leaks. Note: The fi-eon level should be checked and sercice as necessary. If the system is to be serv/ced with the opening of a closed system, the complete system should be evacuated, the receiver dryer replaced and the system must be completely r~ :harged, including retMgerant oil. T~.fs manual was Jeveloped by Ihe ~or/~a Department of Transportation Public Transit Office Page 10 of 24 .,MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Sen, ice Provider: Date: Vehicle#: Mileage: Inspected by: OK S elw-ice Brakes [] Parking Brakes [] Tires and Wheels [] Stee~_ng ,ri Horn [] Instrument Lights [] Interior Lights [] Exterior Lights [] Windshield Wipers [] Re~ Vision Minors [] Exhaust System [] r:qmpment For Trmnsport/ng Wheelcha/rs [] Safety and Emergency Equipment [] Needs Repair [] See Comment Comments A~ud~t~onat Comments: Inspector's Sig-namre: This manual was developed by the Flor/da Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Florida Department of Transportation Public Tramft Office Page 13 of 24 DAILY VEH/CLE INSPECTION CHECKLIST h'~spect each item below. If there is not a problem, place a (/) in the box to the lef~ of the item. If there is a problem, an item needs maintenance or if damage is found, place an (X) in-the box-to the-left of the item.-lSse' the-box-t-o-the-right-forc-cymmet~t-s-: .... !t Under Hood Comments Oil level Radiator level Battery level Windshield Washer level Engine / Hoses / Belts Interior Comments Gauges / Instruments Windshield Wipers P~senger Doors Steering Brakes Blower Fans Interior Lights S afeW Equipment Corem ents [Fiares / Triangles ! First Aid Kit Fire Exting-aisher ~ Back-up Alarm iFally Operable '~'neeichair Lift / Ramp Proper Number of B efts / Secureme-nt [ Belt~ / Securement Devices in Good Exterior Comments Headlights Tail / Brake Lights Turn Signals Clearance Lights Windshield Wipers Body Damage Exhaust System Tires / Wheels Cleanliness This ,manual was developed by the Florida Department of Transportat/on Public Transit Office Page 14 of 24 NOTES TO DRIVERS ABOUT THE DAILY VEHICLE INSPECTION The vehicle inspection checklists provided on pages 14-16 will help you remember all of the important things that must be inspected on a daily basis, and it provides an easy to follow .............. sequence for performing-yourinspecfion-irra-togical-mann~t: Re~-d-th~-gh pages xx-xx of 6F general information and to clar/fy any of the parts of the inspection process. Then do a dry nm inspection while completing the checklist. Ask your manager if you have any questions at all about the procedure. Under the Hood Check for problems under the hood at the beaminning of your inspection before starting the en=~ne. It is easier and safer when the eng4_ne is cool. Check the engine, radiator and battery fluids. If low, make a note of it on your inspection ,e,e,, see [,¢ ,,¢u,amc for assistance. .Also, check hoses for crocks or possible leaks and belts for any visible damage. Report any wear on the checklist as soon as it begins to show. Vehicle inter/or idea :o put chocks behind the wheels before start'Lug the motor. Begin ;vhiie seated behind the stee.fing wheel. F. irst, put on the parking brake, then turn on the ;~,;,;~_ r'~o~ the oil pressure, Duel andanemator" ~ =auges.= -- if the oii pressure light stays on or the gauge shows the off pressure to be dangerously low, .,.uc uiutur uii untI~ -the problem can be corrected. ,~ [liea,,~rn,~or or generator light stays on or the gauge indicates a discharge, the battery may not be charging. To guard against the possibility of becoming stranded along the route by a dead battery, have the problem located and corrected right away. Cqneck the windskdeld Mpers to make sure they are working and not worn or stripped. Check the passenger door for proper operation. Adjust your mirrors so that you can see what you need to see fi-om your normal driving position. When you are adjUSting your mirrors, keep in mind what you want to be able to see within you~- safety zone. Test your horn to make sure it works. This manual wa~ developed l-y the Florida Department of Transportation Public Transit Office Page 15 of 24 Turn the steering wheel gently to make sure it is not loose or there is no abnormal play or stiffness in the steering assembly. Push on the brake pedal. If the tension feels spongy or soR, note this on your checklist. Your -brakes-m ay neeck to-be-a-dj ustc-d:- Check the blower fan to see if it works so you will be able to use the heater, defroster or air conditioner. Check the interior lights. If any lights are not working, note this on your checklist. Note on ycur checklist anything in the interior of the vehicle that needs attention. Safety Equipment ...... J ........ s .... 2 ~t~,w,,~,~[ to make s-are it is m the fight location and in wofr, ing order. Emergency equipment should include: · a properly charged fire extinguisher · warning devices such as cones, triangles or flares · a first aid kit .... o, ~ · ~" ~ ~- ^" ~- loose items. Trash ~ ,-,,~,k~ ~"~,''-,,~ yot~ veb2cle to m~e ~ur,. it,~'~ ,.,,.~ ,~,ct ,,~e~ u~ tr~h, debris or or debris left tn the veh/cle can be tossed about by careless passengers and cmn ca~e slips, falls and fires. A ciean vehicle presents a professional knage. ,..a.~,.~cr-' ,~,-' any s~,,.~.,a,~'~": ~ accezsmmty" "' equipment if your vehicle is so equipped. Examine any tie-do~wns for signs of damage or excessive wear,. Make sure they can be property secured to the floor. Check all ~ffs and ramps by operating them through one complete cycle. Make sure they are functioning properly. (You may have to move the vehicle to ensure proper clearance while performing this part of the inspection. This is also a good time to check the interlock system.) Make sure ail doors and emergency exits are functional and unobstructed. Vehicle Exterior Turn on all exterior hghts. With the vehicle in park and the emergency brakes .~still' on, begin the exterior check from the front of the vehicle. ~ , ,. This manual was developed by the Florida Department of Transportation Public Transit Office .J,.~; i. ~ Page 16 of 24 During the exterior inspection, be sure to note and report any fresh damage to the vehicle. Reporting such damage now may save you a lengthy and difficult explanation or report later. Space is provided for you on the Daily Vehicle Inspection Checklist to note and describe any -- exterior damage: ............ Check the headlights, signal lights, emergency flashers and clearance lights to make sure they are working. Check the left front tire for any signs of road damage, underinflation or missing or loose lug nuts. Check the condition of the side marker light. Check the air pressure with an air pressure gauge. Take care to maintain your tires at the recommended pressure. A soft tire is very susceptible to severe road damage..an overinflated tire causes a bumpier and less comfortable ride, especially for the elderly or disabled. ............................... ,=ot~e,~, _.~[ ic,a mc for obvious damage,cnecic~' ' the air pressure xvith an air pressure gauge. Wtfile at the back of the vehicle, check the tail hghts, brake lights, turn signals, emergency flashers and any other clearance li~hts, reflectors or sips. Make sure they are flee from mud or dirt buildup. Carry a rag xvith you to clean any dirty lights which may be hard to see even after Check ~e right rear tire. -r ' - _ _ st tnele are any other li~nts or outside signs for your boarding doors or [i2, make sure they are in place and clean. ...... - ...........~o_._,. sure there are no foreign or ur~t'amiiiar objects hanging do,am or wedged mndemeath. Listen ~d check for -- an: s,~o of an exhaust leak. *~dso, visually check · ot puu,~c~ o~ ,mc raider me vemcie, kr me vehicle is ieak/ng fluid, report it to yom- supervisor. Move to the front of the vehicle and examine the fight front tire in the same manner as the left: ~-~,~ ~ mud ~,,~,~.~'"~ ~e condition of .abe side marker light. Now that the eng/ne has reached operating temperature, check the transmission fluid level. Vehicle should be on a level surface in park. Final Preparations No,v, tam off all the lights and the engine and remove the wheel chocks. I£ your vehicle is safe and in good condition, you are finished with your dail~ inSp.~_~__..¢. _~ Tv, is ,manual was developed by the Florida Department of Transportation Public Transit Office Page !.7 of 24 .._~ : If you are not sure or not satisfied with the condition of the vehicle, check with a supervisor before driving the vehicle. Remember that any problems you experience with the vehicle during your shift should be reported so that-repairs or-adjustments-can-be-made-as-quickly as-possible. At the end of your shift, mm in the Daily Vehicle Inspection Checklist to the maintenance manager or your supervisor. GENERAL NOTES ABOUT THE DAILY VEHICLE INSPECTION CHECKLIST An important part of preventive maintenance is the establishment of strong communica~z'on ties between drivers, mechanics/repair garages and management. An easy way to ensure and document this communication link is by way of the driver's Daily Zehicle Inspection Checklist. Drivers should be given blank copies of the checklist to keep on a clipboard in their vehicle. Each driver will need to conduct the inspection and fill out the checklist before beginn, ing their route. Safety problezns should be reported immediately before you start your route. Drivers should add comments to the checklist ifa p?'oblems a.~_ses during the shift. person desipzated responsible for the maintenance of the vehicles should monitor these [ ~1 I ~' · chec,Slists d~ity and sc,~e~zt,e mainteJ~ance accoratagty. ............... z .............. ?,~ i?~f ctlooae to add or ddete ite~ at your discre~on, Fray'ideal it meets or exceeds tile minimum requh'ements in Rule 14-90.006(7)(a) FIodda '-'.-: ..... .. ~ ~ >,- ~- a ......... a ~:~. ........ ~- included in the pe~nanent uehicle file. COMPREHENSIVE MAINTENANCE RECORD A Comprehensive Maintenance Record should be kept on file for each vehicle. This record should be filled out evew time any maintenance is performed on that vehicle. Benefits of keeping a'Comprehensive Maintenance Record on file are as follows: · provides quick reference to the vehicle · provides a complete history of repairs · identifies chronic problems shows trends in mileage and fuel consumption This manual was developed by the Florida Department of Transportation Public Transit Office Page 18 of 24 · track responsibility for repairs records the amount oft/me vehicle is not available for service COM?REHENSIVE MAhNTENANCE RECORD FORMS There are three basic forms commonly used for proper maintenance records. They are the Work Order, Monthly Summary and the Maintenance Log. Used properly they are a valuable tool in recognizing and correcting problems before they become costly. They are also a valuable tool for monitoring the quality of service you receive from a repair shop. Below is a bt/el description oft. he forms found in this manual. Work Order This is a detailed description of a specific repair performed on your vehicle. This form should be used for either in-house or private garage repairs. It can be very helpful xvhen you are trying to identify a chronic problem or research maintenance history. Monthly Summary Tkis form provides a monthly ~mrnmary of the vehicles use. It wiJl show trends m m~eage and ~¢i consumption, provides a qulcr rexerence to the vehicle and records .:he amo~mt of time the vehicle was not available for service. ........... f~vmm, ......... cbc-omc ~rob!e~'.~s mhd ~acks.re~na~clh{l;~~v~_~.~....7 for .~_-~v~rs. ~e entke fleet is usually m~ta~ed ~ one book w~ch will__ provide a quick reference to the veMc!e ,,~*,, .~o,ut ~ah ,~mo'~ to pul1 the ~e. This manual was developed by the Flor/da Department of T:'ansportat/on Public Trans/t Office Page 19 of 20 WORK ORDER Carrier Name: }(eh4cl_e- N~0:_ Car_ ....... Make ........ Mode_____!l ....... VIN _Odometer Reading Van Bus Shop Date Date :Location Shopped !Released REPAIR INSTRUCTIONS NIATERIAL USED OUTSID] REPAIRS Part No. Description I t Description umt Price fl' COST S L~D:La._P-.Y Repairs Job Total i$ .MECHANIC LABOR HOURS This manual was developed by/he Florida Department of Transportation Public Transit Office Page 20 of 24 MAINTENANCE LOG Vehicle No. Ta~: VIN: Date Date Description of Repair Description of Repair Date Description of Repair Mileage Mileage Repaired by RePaired by Mileage Repaired by This manual x~-as developed by the Florida Department of Tr~,nxportation Public Transit Office Page 22 of 24 5IAINTENANCE LOG Vehicle No. Tag#: }IN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Mileage Description of Repair Repaired by Repaired by This manual was developed by the Florida Department of Transportation Public Transit Office Page 23 of 24 MAINTENANCE LOG Vehicle No. Tag~4: VIN: Date Description of Repair Date Description of Repair Mileage Mileage Repaired by Repaired by Date., tl Description of Repair Mileage I Repaired by This manual was developed by the Florida Department of Transportation Public Transit Office Page 24 of 24 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3599-"TRAFFIC SIGN MATERIALS AND RELATED ITEMS" TO MULTIPLE FIRMS OBJECTIVE: To provide a contract for use by the Traffic Operations department for the efficient supply of traffic sign materials and related items. CONSIDERATIONS: The County's Traffic Operations department purchases traffic sign materials and related items for traffic control on County roadways. Bid 04-3599 was publicly advertised on November 21, 2003. Notices were sent to thirty-seven (37) firms with seventeen (17) firms requesting full packages. Nine (9) responses were received by the due date of December 24, 2003. Staff has reviewed the bids results. Due to the variety of product and in order to obtain the most competitive pricing, Staff recommends award of this contract on a Primary/Secondary basis based on the categories as noted on the bid tabulation sheet (the low bidder is identified by shading of the categories in which they are being recommended for award as the Primary vendor), which is attached for your reference. The recommended firms are (in no order): Osbum Associates, Inc. Rocal, Inc. Universal Signs & Accessories Municipal Supply & Sign Co. Allied Tube & Conduit U.S. Wholesale Pipe & Tube, Inc. Safety Products, Inc. 3M Company FISCAL IMPACT: Funds have been budgeted in the Transportation Services Fund (101) for the purchase of traffic sign materials and related items. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid "Traffic Sign Materials and Related Items to the firms as referenced herein. AGENBA I~,EM JAN 2 7 200 Pg. SUBMITIED BY: Dave Miller, Maintenance Specialist Trans/T~/ffic Ops/ATM ~ Bob Tipton, Traffic Operations Manager Trans/T. raffi c_ Ops/ATM Ste~ (~ar/nell, DilTector Purch~nI Department REVIEWED BY: Diane'fl[: ~g, Director Trans/Ti'~ ffic O~s//~/1/1/l~ APPROVED BY: No~/rna~t :..' Fede'r, XICP, Administrator Tran/ortation Services Division DATE: DATE: JAN 2 7 200q The award of contract for "Traffic Sign Materials and Related Items"is as Followes: Categories 1-3 Signs: Osburn-Primary/RocaI-Secondary Categories 4-5 Signs: Osburn-Primary/UniversaI-Secondary Categories 6-11 Signs: Osburn-Primary/Rocal-Secondary Categories 12-13 Signs: Osburn-PrimarylMunicipaI-Secondary Categories 14-15 Signs: Osburn-Primary/RocaI-Secondary Category 16 Signs: Rocal-Primary/Osburn-Secondary Category 17 Category 18 Category 19 Category 20 Category 21 Category 22 Category 23 Category 24 Category 25 Signs: RocaI-Primary/MunicipaI-Seconda ry Accessory Materials: Allied-Primary/US Wholesale-Secondary Posts: Municipal-Primary/Universal-Secondary Cones: Safety-Primary/Municipal-Secondary Mesh Signs: Safety-Primary/Municipal-Secondary Z-Bar: UniversaI-Primary/RocaI-Secondary Related Items: Municipal-Primary/Universal-Secondary Tape: Municipal-Primary/3M-Secondary Aluminum Sign Blanks: Osburn-Primary/Municipal-Secondary AGEND,),A I~ NO. ~. t ~_~'3 JAN 2 7 200 pg. 3 /// zzzzzlzzz AGENI2A ~ No. /L~, - EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID No. 04-3590-"SINGLE ENGINE STREET SWEEPER TRUCK" TO ENVIRONMENTAL PRODUCTS OF FLORIDA IN THE AMOUNT OF $156,447.00. OBJECTIVE: To have the Board approve award of Bid # 04-3590 -purchase of a single engine street sweeper truck to Environmental Products of Florida in the mount of $156,447.00. CONSIDERATIONS: This Bid was publicly posted on October 30, 2003 in the lobby of the Purchasing Building with twenty (20) notices being sent to fu'ms advising them of the bid. Fourteen (14) firms requested full bid packages. Two responses were received by the due date of November 26, 2003. The bid responses received were as follows: Ringhaver Equipment $142,591.00 Environmental Products of Florida $156,447.00 Upon review and discussion of the bids submitted, Staff determined that the apparent low bidder, Ringhaver Equipment was non-responsive due to submitting a bid with unacceptable exceptions to the standard specifications in the tbllowing areas. Engine design (spec: Single, bid: Dual), Water Tank and Pump (spec: 350 gal, bid: 270 gal), Rear Drive Axle (spec: 2 speed, bid: single speed), and the Gross Vehicle Weight Rating (spec: 33,000 lbs, bid: 25,950 lbs.). Therefore it is Staff's recommendation to award Bid //04-3591 to Environmental Products of Florida as the lowest, qualified, and responsive bidder based on the total bid. See the attached Bid Tabulation sheet. (~_ISCAL IMPACT: Funds in the amount of $156,447.00 are budgeted in the Road ~ ~an~ee ~"~d ]~)I Capital. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid No. 04-3590 to Environmental Products of Florida, for the purchase of a single engine street sweeper truck in the amount of $156,447.00. JAN Z. REVIEWED BY: _ DATE: c-4'~ Vliet, Road Maintenance Superintendent stephen Y. Camell~ Directorf.~urchasing Department REVIEWED BY: ,'~,/~/~-~' DATE: Mike-A/.. J~telfiJl:~aki, PE, Road Maintenance Director APPROVED BY: ?' J4'/~/ ~//~~ DATE: No(-m ~'E. l~d~r, AICP, Transportation Administrator I ? ~- 03 . AC.~N[~ ITE~ No. //~/ JAN 2 i 200~t EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP #04-3571, "GREEN BOULEVARD EXTENSION CORRIDOR STUDY." OBJECTIVE: To obtain Board approval of the Selection Committee's ranking of consulting firms to provide professional services for a Planning Corridor Study to evaluate the transportation impacts of extending Green Boulevard as a through road west of Santa Barbara Boulevard. Also, to obtain authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: The Needs Plan component of the Collier County Metropolitan Planning Organization (MPO) 2025 Long Range Transportation Plan Update contains a Green Boulevard Extension between Santa Barbara Boulevard and Livingston Road. In addition, the recently approved Collier County 5-Year Transportation Work Program includes a Green Boulevard Extension Study for FY 2004. A Request for Proposals (RFP #04-3571) was issued for the purpose of establishing a contract with a consulting firm capable of providing professional services to the County for this study. The RFP was issued on October 8, 2003, in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act. Notices were sent to 181 firms, with 40 requesting packages, and 8 firms submitting proposals by the due date of October 31, 2003. A Selection Committee meeting was held on November 19, 2003. The review, scoring, and discussion of the proposals by the Selection Committee resulted in a three-way tie for highest- ranking firm. The three firms tied as highest-ranking were: DRMP PBS&J Stanley Consultants These three firms gave presentations to the Selection Committee on December 10, 2003. Following review, scoring, and discussion of the presentations, a consensus of the members of the Selection Committee determined the ranking of the top three firms as follows: 1. PBS&J 2. DRMP 3. Stanley Consultants Upon Board approval, contract negotiations will commence with the top ranked firm. In the event that an agreement cannot be reached with the top-ranked firm, staff to proceed with negotiations with the second ranked firm in accordance with the CCNA statute. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: the ranking of these firms. There is no growth management impact associated with RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Selection Committee's selection and ranking of firms; (2) Authorize staff to begin contract negotiations with the top ranked firm (3) if agreement cannot be reached with top ranked firm, authorize staff to proceed with negotiations as per CCNA statute SUBMITTED BY: APPROVED BY: Jo~ph J. Quinty, Principal Planner (Study Project Manager) Transportation Planning Department Donald Scott, AICP, Director Transportation Planning Department APPROVED BY: r.~/ec;or . Purchasin/~ Department APPROVED BY: Nor/m~q/~-F"eder, AICP, Administrator DATE: Tra~portation Division EXECUTIVE SUMMARY REQUEST THE BOARD APROVE A RESOLUTION AUTHORIZING IMPLEMENTATION OF A TWENTY MILES PER HOUR (20 MPH) SCHOOL ZONE DURING SCHOOL ARRIVAL AND DISMISSAL HOURS, AS POSTED ON SITE, ON ROADS ADJACENT TO GOLDEN GATE INTERMEDIATE CENTER NORTH AND GOLDEN GATE INTERMEDIATE CENTER SOUTH, AT A COST OF APPROXIMATELY $1250. OBJECTIVE: To request the Board approve a Resolution implementing a twenty miles per hour (20 mph) reduced speed School Zone on roads adjacent to Golden Gate Intermediate Center North and Golden Gate Intermediate Center South. CONSIDERATIONS: Golden Gate Intermediate Center North and Golden Gate Intermediate Center South are new schools, opening in January of 2004. To assure safe travel for the students going to and from the school it is recommended that a twenty miles per hour (20 mph) reduced speed School Zone be implemented on 20th Place SW, 50th Terrace SW, 22nd Avenue SW, and 51 ~t Street SW adjacent to the Golden Gate Intermediate Center North and on 44th Terrace SW, 29th Avenue SW, 45th Street SW, and BOth Avenue SW adjacent to Golden Gate Intermediate Center South. Pursuant to the Collier County Speed Limits Ordinance (enacted as Ordinance No. 91-25 and set forth as Sec. 130-2 in the Code of Laws and Ordinances of Collier County, Florida), "all speed limits on county-maintained roads shall be established and/or altered by resolution of the board." X)FISCAI~_ IMPACT: The signs ~vill be provided through the existing Traffic Operations signing \'~ budget in Fund 101. Each sign cluster, with hours of effect posted, costs approximately $125 to install. Ten sign clusters will be required to post the speed zones, for a total cost of $1250. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution implementing a twenty miles per hour (20 mph) reduced speed limit School Zone on roads adjacent to Golden Gate Intermediate Center North and Golden Gate Intermediate Center South, authorize the Chairman to execute the Resolution, direct the Collier County Traffic Operations and Alternative Transportation Modes Department to install and maintain appropriate school zone speed limit signs, and authorize staff to notify the Sheriff's Office of the formal implementation of this School Zone. PREPARED BY: ct ~/.~' DATE: ~Obe~ W. Tipton, P.E., County TraffflC Operations Engineer Diane Flagg;~fransportation Operations and Alternative Transportation Modes Di/ector APPROVED BY: ,q,. DAT ;: ,.- - Norman~. Feder, AICP, Tr~'nsponation Division Administrator / JA~ 2 1 20Oq / Pg. RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING IMPLEMENTATION OF A SCHOOL ZONE SPEED LIMIT REDUCTION TO 20 MPH DURING SCHOOL ARRIVAL ANT) DISMISSAL HOURS, AS POSTED ON SITE ON COUNTY ROADS ADJACENT TO GOLDEN GATE INTERMEDIATE CENTER NORTH AND GOLDEN GATE INTERMEDIATE CENTER SOUTH. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, all roadways adjacent to the Golden Gate Intermediate Center North and the Golden Gate Intermediate Center South fall under the jurisdiction of the BCC and have a normal speed limit in excess of twenty miles per hour (20 mph); and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits within school zones as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of the County's engincering and traffic investigation indicate that a reduction of the existing school zone speed limits to twenty miles per hour (20 mph) is reasonable and ~,,.,.,[,un~ found to existuttl'tll~ Lhe times that students are traveling To_ and__ from the schools served by the subject school zones; and WHEREAS, in accordance with Section 316.1895, Florida Statutes, a school zone speed limit 'mav be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a scheduled school session :md leaving a regularly scheduled school session." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION 1' The BCC does hereby establish a twenty miles per hour (20 mph) limit on 20th Place SW, 50th Terrace SW, 27d Avenue SW, and 51st Street SW ar Golden Gate Intermediate Center North and on 44th Terrace SW, 29th Avenue SW, 45th Street SW, and 30th Avenue SW adjacent to Golden Gate Intermediate Center South, and does hereby direct the Collier County Traffic Operations and Alternative Transportation Modes Department to install and maintain appropriate school zone speed limit signs. SECTION 2: A copy of the Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established school zone speed limit of twenty miles per hour (20 mph) at the referenced locations. SECTION 3: The effective date of the reduced school zone speed limit shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring u~y u~ , 2004. same this ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMiMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: ~'Oiv~vhSS~ONER DONNA FIALA, Chairman Approved as to form and jegal,suf,f, jcienc y: Jeffr4 X'. ~:~gzkow Assisi~nt C&ky Attorney /j AGEJ~DA/I.TF__~ No.. !t0.1'.) ~x JAN 2 7 200~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3586 "INSTALLATION MAINTENANCE OF STREET LIGHTS" TO E.B. SIM~IONDS ELECTRICAL, INC. AND OBJECTIVE: To provide a contract for use by the Traffic Operations and Alternative Transportation Modes for complete installation, maintenance, and emergency repair to Collier County street lights. CONSIDERATIONS: In consideration of anticipated street light installation and maintenance needs for Fiscal Year 03-04, a bid was issued by the Purchasing Department. Bid 04-3586 was publicly advertised on December 11, 2003. Notices were sent to thirty-six (36) firms with eight (8) firms requesting full packages. Three (3) responses were received by the due date of December 31, 2003. Staff has reviewed the bids results. The Method of Award utilized for award of this contract was based on adding and comparing the totals of sample Cost Estimate Sheets A, B, and C (attached for your reference). E.B. Simmonds Electrical Inc. was the low bidder on Cost Estimate Sheets A and C, with Mid-Continent Electric the low bidder for Cost Estimate Sheet B. In addition, E.B. Simmonds Electrical, Inc. was the lowest overall cost on the hourly rate, material mark-up and material item listing components of the bid (bid tabulation sheets are attached for your reference). Therefore, it is Staff's recommendation to award Bid 04-3586 to E.B. Simmonds Electrical, Inc. for the installation and maintenance of street lights. ¢,'~,.fISCAL IMPACT: Funds in the amount of $85,000.00 are available in the Transportation Services Fund (101) for repair and maintenance of street light components. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3586- "Installation and Maintenance of Street Lights" to E.B. Simmonds Electrical, Inc. as referenced herein. PREPARED BY: Roadwa// .tingy Li. gh Field Supervisor Robert W. Tipton, P.E., Country Traffic Operations Engineer REVIEWED BY: _ ~' -;'- ' ~ ~ rnell, Purch~ing Department Director Diane E ,~~Operations¢ and Alternative TransportatiT; APPROVED BY: Norman ]~. Feder, AICP, Transportation Division Administrator / DATE: DATE:/-/4-o4 oo JAN 2 ? 200~ qqqaaqqql ~ooo~gl q~qql o o o o o o o ~ ~ ~ ~ ~ ~ m ~ o~o o o o · oaqjqq ~ ~ ~0000 0 °°I 0 CD 0 CD 0 0 0 0 o cD c50 c5 c~ o ;00 O] ' A(~F.~D~ITENI ~o~ ! ' JAN 2 "' ~nn,. pg. __-~ 0 ~0 AG F_,.,N D~ ITF,~ No., ~.~b '~ JAN 2 ? 200~ cC c::¢ c~ 0 o 0 cC o, o o r, o o o o o o - '-0 - ~o- --0-- ' ~0-- -o .... o o 0 0 0 CD CD 0 0 CD 0 ~c~ oo oo '~-'~-- oooo°°oo,°°' 8~ o.o O0 O0 O0 O0 O~ O0 dO oo O0 Oo ~ ~- ~ O0 O0 O0 O0 O0 O0 O0 O0 00'0 ~ ~ O0 O0 O0 O0 O0 ~0 O0 O0 00~ 0¢ o~ oo ~ ~ oo oo ~ ~ ~ ~ O O AGI~ND~ ITEM No.. JAN 2 7 Pg. oo oo gg ,gg O0 O0 ~0 O0 O0 00- O0 O0 ~o ~ ~ oo oo oo ~ O0 O0 O0 pg. ~ 0 0 0 0 0 0 0 C/ 0 0 0 0 >.>. EXECUTIVE SUMMARY 'RECOMMENDATION TO AWARD BID NO. 04-3603-"PURCHASE OF LIME-ROCK AND FILL MATERIAL" FOR THE ESTIMATED ANNUAL AMOUNT OF $500,000 TO BIG ISLAND EXCAVATING, INC, FLORIDA ROCK INDUSTRIES INC., AND SOUTHERN SAND AND STONE, INC. OBJECTIVE: To provide a contract for lime-rock and fill material when necessary for use by all County departments. CONSIDERATIONS: The Road Maintenance Department is responsible for Collier County's approximately one thousand three hundred and ninety-nine (1,399) named roads, one thousand and three, (1,003) paved roads and two hundred and five (205) unpaved roads for a total of two thousand five hundred and fifty-seven lane miles. The Road Maintenance Department is additionally responsible for six (6) State roadways for approximately three hundred and eighty- five (385) lane miles. This contract is for the purchase of lime-rock and fill material, for use in grading and rebuilding lime-rock roadways and shoulder repair on all County roadways. Bid # 04-3603 was publicly advertised on December 3, 2003. Notices were sent to thirty-one (31) fin-ms with eleven (11) f'h'XnS requesting full packages. Three (3) responses were received by the due date of December 24, 2003. Staff has reviewed the bids received and recommends award to Big Island Excavating, Inc, Florida Rock Industries, Inc., and Southern Sand and Stone, Inc. Staff recommends award to all three firms due to their location wSthin the County, wtfich allows the using departments the flexibility to utilize the pit closest to their worksite to pick-up material, saving the County time and money. An approved and numbered Purchase Order will serve as the contracts for this bid. Other County departments or governmental agencies may also utilize this bid. ISCAL Funding for the Road Maintenance department for lime-rock and fill IMPACT: aterial will come from the General Fund (111). Other using departments will utilize their own nding sources. . GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3603- "Purchase of Lime-Rock and Fill Material to Big Island Excavating, Inc., Florida Rock Industries, Inc., and Southern Sand & Stone, Inc. JAN 2 7 200q SUBMITTED BY'Anthony'~giggins,-- Superior of Contracts & Projects Transportatioj)jRoad Maintenance / ~/~John Vliet, Superintendent Transportation/Road Maintenance REVIEWED BY: - , Steve Camell, Director Purchasing Department ~! REV iEWED By: ~~~'~~z~.~ Michael A. Etelamaki, PE, Director R ° ad/~'1~ ~i~_.~7 D~_artm ent APPROVED BY: ../~/' ¥~f (~Zff~"- Norman E. Feder, AICP, Administrator 'Fransportation Services Division DATE: AG I ~10.~ JA~ 2 7 200q AGI~JND,.~ IT~M ~'~ No. ~(~(~ ~ JAN 2 7 200~t~ pg. -.~ AGENDA ITEM - ~o.. !{__~/o::~i JAN 2 7 200q ~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3605-"PURCHASE AND DELIVERY OF METAL AND POLYETHYLENE PIPE" FOR THE ESTIMATED ANNUAL AMOUNT OF $25,000 TO NATIONAL WATERWORKS 1NC, FERGUSON WATERWORKS, METAL CULVERTS AND CONTECH CONSTRUCTION PRODUCTS. OBJECTIVE: To provide a contract for the purchase and delivery of metal and polyethylene pipe when necessary for use by all County departments. CONSIDERATIONS: The Road Maintenance Department is responsible for Collier County's approximately one thousand three hundred and ninety-nine (1,399) named roads, one thousand and three, (1,003) paved roads and two hundred and five (205) unpaved roads for a total of two thousand five hundred and fifty-seven lane miles. The Road Maintenance Department is additionally responsible for six (6) State roadways for approximately three hundred and eighty- five (385) lane miles. This contract is for the purchase and delivery of metal and polyethylene culvert pipe, for use in rights-of-way and easements on all county and state roadways. Bid # 04-3605 was publicly advertised on December 3, 2003. Notices were sent to fifty-four (54) firms. Four (4) responses were received by the due date of January 7, 2004. Staff has reviewed the bids received. Award of this bid will be made on a line by line item basis. In the event the low bidder is unable to provide the materials or deliver the materials in the time frame required, we reserve the right to utilize the next low bidder. Staff recommends award to Nation Waterworks Inc, Ferguson Waterworks, Metal Culverts and Contech Construction Products. Staff recommends aw'md to all four firms, saving the County time and money. An approved and numbered Purchase Order will serve as the contracts for this bid. Other County departments or governmental agencies may also utilize this bid. FISCAL IMPACT: Funding for the Road Maintenance department for purchase and delivery of metal and polyethylene pipe will come from the General Fund (111). Other using departments will utilize their own funding sources. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: 'That the Board of County Commissioners award Bid No. 04-3605- "Purchase and Delivery of Metal and Polyethylene Pipe" to Nation Waterworks ~-'". rte"g ..... ,,, Waterworks, Metal Culverts and Contech Construction Products. hi. JAN 2 7 200 . Pg. SUBMITTED B Y:A~(hony W,~ins, {;upe-rv~so, r,4'f~ontracts & Projects Transportatio~Road Maintenance ff~'~n Vlie. t~.Su~erintendent Transportation/Road Mainten~ce. Steve Camell, Direct r Purchasing Department REVIEWED BY: ,3~. g~i~~~ Michael A. Etelamaki, PE, Director Road ~:~eparlment APPROVED BY: ~'~1 -'~4L/-~,...~'~,/2., ~' Norman E. Fedcr, AICP, Administrator Transportation Services Division DATE: DATE: DATE: AGENDA I~M JAN 2 7 200~ Pg. Z EL~ c JAN 2 ? 200~t EXECUTIVE SUMMARY BOARD APPROVAL OF ADOPT-A-ROAD PROGRAM AGREEMENTS AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON JANUARY 27, 2004 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: -~at the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. _FISCAL IMPACT: Cost of providing safety vests, pick-up sticks and/or grabbers, trash bags ~ ~ ~ ~gr~ to the volunteers on a loan basis for each pick-up. Cost of constructing and placing a roadside sign at either end of the roadway segment listing the Volunteer Group as the sponsor and responsible for keeping the area free of litter. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements on behalf of Collier County. Prepared by: ~ct/ret Barbara Lee, Adopt-a-Road Coordinator Transportatio/~Maintenance / Reviewed by: ~ ff~Jo~ Vliet, Superintendent Transportation Maintenance b Reviewed y: Micha~'l E~ei~n~aki, Director Trans~ ~atiomMaintenance Approved by: _ . Norm; E. Feder, Administrator Trans ortation Division Date: ~ - q .-otp. Date: Date: JAN 2 7 2BOq COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ,? day of .~-. ....'?7200~ffoy and between Collier County, through its Transportation Road Maintenance 'Department, hereinafter called the "COUNTY", and the volunteer group, LORI YOUNG, REALTOR(hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. .WI:!EREAS, hvv~ signature },ol~,~,.,~,v .., the GROUP as.,,e~,.-~ to adopt the segrnent of roadway known as RADIO ROAD from AIRPORT ROAD to LIVINGSTON ROADand acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHAJ. L: set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a tir 9. Remove litter during daylight hours only. 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. Perform litter removal on the Adopted 2,~d,,:,v Section in accordance with the Florida Depa~ment of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniforrn Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), ail of which by this rcfcrence are incorporated herein. 3. Only alloxv such person to pa~icipate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-i 7, who is participating in the litter removal activity. There shall at all times be at least one person l 8 >'ears of age or older who is generally responsible for supervising ail litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and 10. Not pick up litter at construction sites, in runnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on He road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to ii,er removal activity' and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. + 21. After each pickup, the adopting GROUP coordinator 'Mll file a repo~ de,a,,lng the number of people involved, number of bags of litter collected, composition and estimate of recyciabie materials and hours spent. Pre-printed foiTns ~ill be Ptlmisi~ed by the COUNTY for making the reports and should be filed '¢,Sth the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from ~ or_amzat~on, which redemption ofrecyclable materials shall become the propetxy of the ~2 '~ ' the =~h,,,,~,~~ ,~: ~,~,~: group represents. 23. Unused materials and supplies furnished by the COUSWTY sbaii (i) be returned to the '~'-'~ r,,~Tv within two workdays"" --' cleanup or, ,~,u~,~ ~ ~onowtng (2) with COUSWTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, l~ rd AO~,~D~ COUNTY may terminate this Agreement. The COUNTY reserves the right tO mt~i..fy Or cancel the program at any time. JAN The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owmed materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Radio Road from Airport Road to Livingston Road and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning February I. 2004 and ending January 31 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. [N WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year whtten above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COiVLMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk B~ TOM HENNING, Chairman GROUP: GROUP: LORI YOUNG~ REALTOR BY: ~.'~ Group's President (pri~J~ Group's Adopt-A-Roa~hairman (print) Group's Adopt-A-Road Ch~rman's Address Phone ~ (day) Phone g (night) ,President Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney EXECUTIVE SUMMARY REQUEST THE BOARD ACCEPT ON BEHALF OF THE COUNTY A PRIVATE DONATION OF TREES FOR USE WITHIN PUBLIC PROPERTY FROM SUPERIOR PLANT COMPANY VALUED AT $6,900.00 OBJECTIVE: To request the Board accept on behalf of the County a private donation of trees for use within public property. CONSIDERATION: The trees may best be utilized for buffering purposes, such as in the public rights-of-way, for the general beautification of the community, such as in public lands and parks, or for other public benefits. In addition, the plants may be used as part of the fight-of-way plantings in accordance with "Collier County Landscape Beautification Master Plan". Staff requests that the Board accept the donation valued at $6,900.00 and allow staff to acquire the donated material for use within public property. The donated material is as follows: 2300 Live Oaks Quercus virginiana 3 gallon pots $ 3.00 ea. x(~ISCAL 1MPACT: There will be no affect on the Board's budget. GROWTH MANAGEMENT IMPACT: This request for approval is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners accept the donation of 2300 live oaks in 3 gallon containers valued at $6,900.00 ~~Pa ela J Lulich, ASLA, Project Manager " erations and Alternative Transportation Modes / l j / REVIEWED BY: ~ I~,'~ DATE: Dianl~ Flag'g, Director Traffi ~Operations and Alternative Transportation Modes APPROVED BY: tS~ ~.F-~,&~ DATE: No~m E. Feder, AICP, Administrator Trant ~ortation Division Attachment: Donation letter from ;uperior Plant Company TRANS GRO 3315 S.R. 29 South Immokalee, FI 34142 (239) 657-6141 Fax (239) 657-5983 Tree Nursery Location: Superior Plant Co. 510 Frangipani Ave. Naples Fl, 34117 (239) 455-1560 Fax (239) 455-2383 nlewi@gargiulofarms.com Pamela J. Lulich, RLA, ASLA, Project Manager Traffic Operations and Alternative Transportation Modes 2705 Horseshoe Drive South Naples, Florida 34104 Dear Pamela: Following our conversation, Thursday, Nov 6, 2003, I am submitting a proposal regarding the plant material which we would like to donate to Collier County. Plant Material to be donated: 2300 Live Oaks Ouercus virginianna 3 gallon pots $ 3.00 ea. It would be of great value to us if these plants can be picked up from our nursery on the following schedule: Half of the 2300 trees to be picked up before the middle of December 2003. The remainder of the trees to be picked up before the middle of January 2004. There is some flexibility in the above schedule, and a good faith effort, on the part of the county to have these trees picked up on a timely manner, will be taken in to consideration if this time line is impractical. Sincerely yours, Neil Lewi, Manager Superior Plant Co. EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT IN THE AMOUNT OF $330,055 FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION STATE BLOCK GRANT FUNDS. OBJECTIVE: To obtain Board approval of the attached budget amendment for the annual allocation of Public Transit Block Grant funding. CONSIDERATION: On January 28, 2003, the Board approved and entered into a Multi-year Joint Participation Agreement with the Florida Department of Transportation for the State Block Grant Funds. The funds from this grant will assist in the provision of fixed route public transportation service. FISCAL IMPACT: This is a reimbursement grant that the County will invoice on a monthly basis as the expenses are incurred. The total amount of the State Block Grant is $660,110.00. The FTA reimburses 50% of this amount.. This grant will require a 50% "Soft" match, which will be available from funds budgeted for Transportation Disadvantaged (TD) trips in rural areas provided by the Agency for Health Care Administration, other agencies and County funds (126). No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation element of the Growth Management Plan. RECOMMENDATION: That the Collier County BCC approve the necessary budget amendment to allocate the funding for the State Block Grant in the amount of $330,055. Prepared by: Reviewed by: Diane~ Approved by: Norma Lisa ~ drickson, Management Budget Analyst gg, Traffic Operations & Alternative Tran.~po~ation Modes Director Date: 1/12/04 Date: 1/12/04 Date: 1/12/04 E. Feder, Transportation Services Administrator EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL WORK ORDER #2 FOR THE FOREST LAKES MSTU TO WILSON MILLER INC., IN THE AMOUNT OF $99,500.00 OBJECTIVE: For the Board to approve Supplemental Work Order #2 for the continuation of Professional Engineering Services for the Drainage and Roadway Master Plan Improvements within the Forest Lakes MSTU. CONSIDERATION: On March 25, 2003, the BCC approved the original Work Order to Wilson Miller Inc., and accompanying budget amendment (Agenda Item 16B1). The Master Plan subdivided the Drainage and Roadway Master Plan into a Five Phase approach. At that time Phase 1 and Phase 2 were 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 the lump sum amount of $50,000. In addition, the Forest Lakes Advisory MSTU Committee approved a Wilson Miller Inc., Proposal to purchase and install rain gauge and water level recorders in the amount of $6,000 to assist in field documentation. The Board approved Agenda Item 16B13 for this work on July 29, 2003. At this time Wilson Miller Inc., findings identified a problem area that could provide immediate drainage relief if a "Priority Improvements Work Plan - Phase I" was authorized. On November 19, 2003, the MSTU Advisory Committee agreed that this was the correct course of action. On December 17, 2003, Wilson Miller Inc., presented to the MSTU Advisory Committee a $45,000 fee for approval of the Work Plan and the Committee approved the fee. In an effort to address other immediate MSTU Advisory Conunittee issues, Wilson Miller Inc., also presented on December 17, 2003, an additional services data sheet titled "Forest Lakes MSTU - Drainage and Roadxvay Master Plan". This Plan indicated a Phase 5 - Roadway Repaving Master Plan ($18,500), Phase 6 - Design Phase 1 Drainage Improvements ($45,000), Phase 7 - Prepare Legal Description and Sketch for Easements ($6,000), Phase 8 - On Call Professional Engineering Services ($30,000 for Time and Materials). The MSTU Advisory Committee approved the additional services data sheet and fees indicated. Further, the Total Supplemental W.O. #2 fee exceeds the $90,000 amount for any one Work Order by $9,500 as per Contract # 01-3290 "Fixed Term Professional Engineering Services". The Board is being requested to approve the overage ~vhich is due to the estimated $30,000 amount indicated as a Time and Material pay item for "On Call Professional Services". FISCAL IMPACT: Phase 5, Phase 6, Phase 7, and Phase 8, totals $99,500. The funds are currently budgeted in the Forest Lakes MSTU Operating Fund 155. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the Supplemental Work Order #2 for the Forest Lakes MSTU and approve an $9,500 overage of the not to exceed limit of $90,000 for any one Work Order in Contract #01-3290. PREPARED BY: (~) /t~sdCc~ Date: Val Pr~inc_.e, Proj~.Manager, Traffic Ope_r~9.ns & Alternative Trans. Modes ~. Camell, Purci~asillg Director ! REVIEWED BY: I !1~ Date: D iaW~g~, Tr~fi/~perations & Alternative Trans. ModeSt! APPROVED BY: J P~,_¢~ Date: Nor~na~E~ Feder, AicP, Transportation Administrator t - / AGENDA ITEM ~-' No._,_ff /,% ..fAN 2 ? """" Date: RE: Contract: Name of Contract: Monday, December 22 2003 01-3290 ,~ Forest Lakes MSTU Drainage and Roadway Ix/faster Plan To Steve: 12/22 BCC Report: 12/22 Scanned, to Bonnie Project: Amendment No.: Change Order/Work Order No.: No. 2 (WO) WMI-FT-03-05 Contractor/Consultant: Wilson Miller Change Order/Work Order Amount: $99,500 Last BCC Approved Amount $162,000.00 Revised Agreement Amount $261,500.00 Percentage Increase/Decrease 61.42% Supplemental Work Order #2 is for the continuation of Professional Engineering Services for the D. and Roadway M,~e, Pmn Improvements within the Forest Lakes MSTU. This work order covers work to be done under Phase 5, 6, 7 and 8. The funds are budgeted in the Forest Lakes MSTU Operating Fund 155. Steve' s Acknowledgement: Scanned Date: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: ~lro~t ,r ~,~ I~ PRO~ECT~: BID/RFP ~: ~ ~t?oMOD ~: ~, A~OUNT OF THIS CHANGE $. CONTRACT AMOUNT: ORIGINALS 10G ~oO CURRENTS ~ (ST~RTIN~POINT) (m CLU6jNG 'THIS 'C ~A~G~ ~ER) Last BCC Approved Amount $ - /~oOo (LAST TOTAL A~T. REQUIRING BCC APPROVAL) Date of Last BCC Approval '~ ~ ~'~ Agenda item ~ i~¢~i~ Percentage of the change over/under current contrac* amount /~ / ~' 7 ~ormul~: (~urmnt Amount / Last B~ approved amount)-~ ~u~ts and A~fion~: if ~h~ ~ha~ ~ds ~0~ ~ appmva~ ~ ~quir~; on Pur~a~n~ r~po~. CURRENT COMPLETION DATE (S): ORIGINAL: c.(6 'i-2~.,~ . { z..~ ?)~.~ CURRENT: SUMMARY OF PROPOSED CHANGE (S): / JUSTIFItATION FO~ CHANGE (S): / PARTIES CONTACTED REG_.~ARDING THE CH.~..ANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~roposed change is consis~e scope of the existing agreement ~roposed change is in faCCan addition)or d~,i~ - -'-'- ........... -,= ~,~tf~g scope ~hange is being implemen~nner consistent with the existing agreement ~he appropriate pa~ies have been consulted regarding the change · ,~-~--Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER REGOMM. END~TION: APPROVE: ~ ~"~?/~/ct7 Date: /%?/,,~.~. ,~z DISAPPROVE: Date: ,z .~ " COMMENTS: JAN 2 ? Revised 8/22/03 Forest Lakes MSTU - Drainage and Roadway Master Plan Additional Services Authorization Phase 5 - Roadway Repaving Master Plan Fixed fee - $18,500 Task Requirements (To be completed within 30 days from Notice to Proceed): 5.1 Categorize roadway pavement by area 5.2 Determine quantity of pavement within each category 5.3 Evaluate conditions of existing roadway pavement 5.4 Prepare Opinion of Cost to repave/reconstruct pavement 5.5 Prepare a master schedule for repaving by area 5.6 Prepare Master Plan report containing findings and recommendations Phase 6 6.1 - Design Phase 1 Priority Drainage Improvements Fixed fee $ 45,000 Approved by MSTU Advisory Committee on November 19, 2003 Task Requirements (To be completed within 60 days from Notice to Proceed): Prepar~ engineering drawings for contractor's use to make the required improvements of the following sub phase Task Requirements: Task 1: Clean out north/south perimeter ditch (18b and 18c) - Plan and Profile Task 2: Weir Gate Plan Task 3: Lake 4 Rehabilitation Plan Task 4: Swale 2 Regrade - Plan and Profile Task 5: Swale 16 Regrade - Plan and Profile Task 6: Connect F-3 catch basin to Lake 2 Plan Task 7: Two Single Family Cross Drains Plans 6.2 Prepare Technical Specifications 6.3 Prepare Engineer's Opinion of Probable Cost 6.4 Provide recommendation of contract award based on bids received by Collier County 6.5 Provide Construction Administration and periodic construction observation services Phase 7 - Prepare legal description and sketch for four permanent easements at Emerald Greens, Fairways at Emerald Greens, Golf Course and Forest Lakes Villas with acquisition by Collier County Fixed Fee - $6,000 (To be completed within 30 days from Notice to Proceed) Phase 8 - On call professional engineering servicesTime and Material Estimate - $ 30,000 (To be completed as authorized by MSTU Board) 8.1 8.2 8.3 8.4 0007:5-NO2-(}IF. EPRE* 26472 Attend County-requested meetings Other meeting or activities as authorized Attend MSTU meetings as requested Meet with golf course Board of Directors and Homeowners Associations as request JAN 2 ? "' "' AGENDA JTEM ~ No.~ JAN 2 ? ~¢'" ' I JAN 2 P9- SUPPLEMENTAL WORK ORDER//2 WMI-FT-0305 Professional Engineering Services Continnation Agreement for Fixed Term Professional Engineering Services Dated April 21, 2003 (Contract #01-3290) This Work Order is for Professional Engineertng Services for work known as Proiect: Providing a continuation of Professional Engineering Services to for the Forest Lakes Roadv, ay & Drainage MSTU Road~x ay and Drainage Master Plan Phase 5 through Phase 8. The '~mk is specified in the p:oposaI. ~,hich is attached hereto and made a par! 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 Millet Inc. (Firm Name) (Original Wink Order WMbFT-0305 1-4 Phases including Data Loggers and Installation for the Forest Lakes MSTU - Drainage and Roadway Master Plan Five Phase Approach have been completed. The Fee Total was $162,000) Summary: Original W.O. - $106,000 Supplemental W.O. - $ 56.000 Pending Supplemental W O. #2 ~ $ 99.500 Total to Date $261,500 Scope of Work: As detailed in the attached proposal and thc following: Phases Fees Phase 5 - Roadx~ay Paving Master Pian Phase 6 - Design Phase 1 Drainage Improvements Phase 7 - Prepare Legal Description and Sketch for Easements Phase 8 - On Call Services (As Requested) $18,500 $45,000 $ 6,000 $30.000 (Time & Materials) PROPOSED TOTAL FEE S09,500 Schedule of Work: Complete work within Phase 5 -30 days. Phase 6- 60 days. Phase 7 - 30 days from receipt of the Notice to Proceed authorizing start of work. Compensation: in accordance ,^ith Article Five of the Agr-'.cment, the County will compensate the Firm in accoldance with the negotiated lump sum amount or tlme and materials amount provided in the schedule above ..if a task :s time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement) Due to different Phase Lump Sum invoice for :'eflecting a percentage and Task Requirement duration. Wilson Miller Inc., may render a ail of Phases 5 tluough Task 7 or may submit a monthly invoice of the complctcd on the Phase and Sub-Phase Requirements. it is the intent that the "On - Call Professional Engineenng Services" line ;rem in Phase 8 Proposal by Wilson M:ller Inc., ma? submit a monthly invoice reflecting an amount necessary to cover the expenses for the additional services provided. Any change within monetary authority of ti~:s \Vo~k O~der made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. '"'N . , ~ PREPARED BY: (.~; //:~.,~/~.. /':~/~,~"r ~> 7 Val Prin~i~ect Manager t Datf: APPROVED BY: , jj xl ~ ~ ,'Z/ ~g 2 Diane Fl~gg} Tra~c Operations & A,ternati 'e / Da{e Transpo~tion Modes Direclor (Corpora e e retard/) By: ! Typ~ Name a~;d Title Template,'SN, WO Fixed FCln~ I)~o Eng Serx ACCEPTED BY: Date: Name of Firm Signature AGENDA ITEM, 2 7 EXECUTIVE SUMMARY RE-CONFIRM APPROVAL OF A $60,000 BUDGET AMENDMENT AND A CHANGE ORDER UNDER THE PROJECT TO RENOURISH HIDEAWAY BEACH WITH UPLAND SAND, PROJECT 90541, IN THE AMOUNT OF $107,188.53 OBJECTIVE: To re-confirm a $60,000 budget amendment and a $107,188.53 change order with STD Enterprises for the project 'Hideaway Beach Renourishment with Upland Sand' for additional transportation, placement and grading of sand. CONSIDERATIONS: On June 10, 2003, the Board approved $600,000 for placement of upland sand on the north end of Hideaway Beach (Royal Marco Point) under Agenda Item 10.E. On October 14, 2003, under Agenda Item 16.C.19, the Board approved a purchase order with E.R. Jahna to provide beach compatible sand and a $387,250 work order (a $4,250 mobilization cost plus $15.32 per ton of sand) with STD Enterprises to transport, place and grade an estimated 25,000 tons of sand. Under Agenda Item 16.C.20, the Board approved a $20,450 engineering services work order with Humiston & Moore Engineers. On December 16, 2003, Agenda Item 16.C.23, the Board approved a scope increase to the project to renourish Hideaway Beach with upland sand to include renourishrnent of Hideaway South Point along with County Manager authority to exceed the budget by up to 10%, i.e. $60,000. This South Point increase in scope was necessary in order to comply with the permit conditions imposed by the Florida Department of Environmental Protection (FDEP) and maintain good standing with the FDEP, i.e. to maintain the beach profiles in the vicinity of temporary groins at South Point. Barfing adverse weather conditions, the additional $60,000, according to the consultant, xvould not have been necessary to fill the design templates. The County Manager was given authority to exercise use of an extra $60,000 above the $600,000 project budget (see above). Inclement weather did indeed prompt the need for additional sand. Therefore, this Executive Summary re- confirms the approval of and need for a $60,000 Budget Amendment. 31,996.64 tons of sand were placed on Hideaway Beach to fill the design template. A $60,000 budget amendment was processed and a $107,188.53 change order increase with STD Enterprises will be processed by January 21, 2003 bringing the contract total to $494,438.53. FISCAL IMPACT: There is no additional fiscal impact related to this action. A $60,000 budget amendment was executed and the total project cost ($494,438.53 + $139,985.42 + $20,450 = $654,873.95) is within the total $660,000 budget. GROWTH MANAGEMENT IMPACT: This project is within the City of Marco Island and is not subject to the Collier County Growth Management Plan. RECOMMENDATION: budget amendment and a $107,188.53 change order with STD Enterprises fo: 'Hideaway Beach Renourishment with Upland Sand' for additional transportatio~ and grading of sand as authorized on December 16, 2003. That the Board of County Commissioners re-confirm a $60,000 the project N0 ..~ff.~,~_~ JAN 2 7 2004 Executive Summary Reconfirm Approval of a Scope Increase for Hideaway Beach Page 2 SUBMITTED BY: REVIEWED BY: anager Date: ///~_//ff ~ Date: ///~ 7 Ron Hovell, P.E., Special Projects Manager Date: REVIEWED BY: //(~v~ .~ ~,ff-o~ Engineering Direc~t~o//V ~ Roy/Anderson, P.E., Public Utilities W. DeLony, P.E., Public ~/~lities Date: ('/[3/~ Services Director Date:///ff/~O¢ Administrator AG~ NO~ IT£# NO. /4,t (r/~,,/,/ JAN 2 7 200/, CHANGE ORDER TO: STD Enterprises 3737 Domestic Ave., Suite 5B Naples, FL 34104 FROM: Collier County Government 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: Hideaway Beach Renourishment With Upland Sand Construction Agreement Dated: Feb. 12, 2002 Bid No.: RFP 02-3305 Change Order No.: 1 Date: January 12, 2004 Change Order Description: The Board of County Commissioners awarded a $387,250 work order with STD on October 14, 2003, BCC Agenda Item No. 16.C. 19. The scope included transporting, placing and grading an estimated 25,000 tons of sand. On Dec. 16, 2003, under Agenda Item 16.C.23, the Board approved a project scope increase to include Hideaway Beach, South Point. 31,996.64 tons of sand were placed on Hideaway Beach. Therefore, for this unit price contract, a change order for (31,996.64 tons minus 25,000 tons) X ($15.32 per ton to transport, place and grade the sand), i.e. $107,188.53 is needed. Original agreement amount ....................................................................... $ Sum of previous change orders amount .................................................... $ This Change Order Amount [add] ............................................................. $ Revised Agreement Amount ........................................................................ $ Original contract time in calendar days .................................... Adjusted number of calendar days due to previous change orders ..... This change order adjusted time is .......................................... Revised Contract Tbne in calendar days ....................................... Original Notice to Proceed date .......................................................... Completion date based on original contract time ................................. Revised completion date ....................... 387,250.00 0.00 107,188.53 494,438.53 not specified 0 days 0 days n/a 12/1/03 n/a n/a Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. JAN 2 7 2004 Change Order No. 1 Page 2 PREPARED BY: REVIEWED BY: /t '~['7 ~ Date: ~~~ger i ..... ~--c~al Pro ects Date: ' R0n Hovell, P.E., Spe j Manager REVIEWED BY: Date: Stephen Y. Camell, Purchasing Department Director REVIEWED BY: Date: _~~B~r~_~p.E., ~Utilities Engineering Director ACCEPTED BY~r'~~~~ - Date: Bem Smith, STD Enterprises APPROVED BY: Date: James W. DeLony, P.E., Public Utilities Administrator A~.~)A IT£1~ .o. /~. / JAN ~7 2fl~l CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Hideaway Beach Renourishment With Upland Sand PROJECT #: 90541 BID/RFP #: RFP 02-3305 MOD #: 1 AMOUNT OF THIS CHANGE $ 107,188.53 PO #: 4500019189 Work Order #: nla CONTRACT AMOUNT: ORIGINAL $ 387~250.00 CURRENT $ 4947438.53 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 387~250.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 12116/03 Agenda Item # 16.C.23 Percentage of the change over/under current contract amount 28 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: not specified CURRENT: not specified SUMMARY OF PROPOSED CHANGE (S): Additional transportin.q, placement and .qradin.q of sand. This is a unit price contract: $15.32/ton. (Total Project cost = $20,450 for en.qineednq services by Humiston & Moore + $494,438.53 for sand transport, placement, and .qradinq by STD + :$139,985.42 for sand .qeneration by E.R. Jahna = $654,873.95) JUSTIFICATION FOR CHANGE (S): weather. Stronq currents produced by inclement PARTIES CONTACTED REGARDING THE CHANGE: consultant, Hideaway Beach Property Association, City of Marco Island, Collier County Environmental Services, contractor IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: × Date: DISAPPROVE: Date: 1/12/04 COMMENTS: REVISED 9/9/03 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD THE LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. Pam Call~,, Revenue Supervisor Utili~ B~lfing and Customer Service .~v,ewe~b~ ~,'~ /~~-~ ~r'~sa A. Riesen, Revenue Manager Utili~ Billing and Customer Se~ice J~h~A. Yonko~~tor~ Ut~ Billing and Cu~o~e~ice ~o~ed~~ ~. ~e~ W. DeLony~.E., A~inistrato ~ ~ Utilities Division Date: Date: JAN 2 7 2004 RESOLUTION NO. 2004- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 11824 This Resolution adopted this second and majority vote. day of , 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suffi ' cy: County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN A~..~JOA %T[Jq JAN 2 7 200 , PG. .~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37170360009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hagedorn, John W=& Sharon 630 1st St SW Naples FL 341175106 The Lien was recorded on the 8"~ day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two. Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 12 TR 136 Folio No. 37170360009 Project No. 65000 Account No. 11824 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROB E ~-'~HH~RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN JAN 2 7 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. AGENDA IT~ No. / .~.~.~:~ JAN 7 ( 200 Prepared by :~--~~---'---~-''~'~''~ Pam Callis.. Revenue Supervisor Utility Bi~g an.d Customer Service Reviewed by: ~/~/~~/'9/ ~~ Tigresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by:(~~'~--.~ ~,~-~',~-~'~._ Jo~'~ A. Y°~l~s~ Di~e.ct~r'L..-) ng a h-o" .~u s,~m 9~"S e rvic e by' '~ '~-~~2----------~ trator Approved ~J'~es~¥. DeLon~, P.E.~dminis tilities Division ' Date: Date: JAN 2 7 200~, RESOLUTION NO. 2004- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as ~.mended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 17462 This Resolution adopted after this __ majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and David C. Weigel County Attorney day of ,2004 after motion, second and BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN AG~gOA IT[N.... JAN 2 7 2004 PS. ,~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41822880001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cangiano, Andimo K:& Helen 19055 Middlebelt Rd Livonia MI 481523543 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 95 E150FT OF TR 39 OR 827 PG 829 - 30 Folio No. 41822880001 Project No. 66000 Account No. 17462 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency R~A R~y ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN AC..~)A ITEm ',.~ ' JAN 2 7 200/, PG.. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW WATER MAINS AND WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER- SEWER DISTRICT'S SOUTH COUNTY REGIONAL WATER (SCRWTP) 12 - MGD REVERSE OSMOSIS (RO) WELLFIELD EXPANSION PROJECT, PROJECT NUMBER 70892, AT A COST NOT TO EXCEED $1,300,000. OBJECTIVE: To obtain authorization from the Board of County Commissioners, as the Governing Body of Collier County and as "Ex-Officio" the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") to acquire by gift or purchase all rights and interests in real property required for the construction and maintenance of utility improvements and facilities for the Collier County Water-Sewer District's SCRWP 12 - MGD RO Wellfield Expansion Project, (hereinafter referred to as the "Project"). CONSIDERATIONS: On February 25, 2003, the Board adopted the 2002 Water Master Plan Update to establish priorities for the design, acquisition, and construction of the various capital improvement projects. This Project has been identified as one of the capital improvement projects required under the 2002 Water Master Plan Update. The project involves the construction of raw water mains and wells that will provide water to be treated by the SCRWTP. The proposed expansion of the system will provide an additional yield of sixteen (16) MGD of raw feedwater to supply the proposed 12-MGD reverse osmosis expansion at the SCRWTP, which expands the total finished water production capacity to 20 MGD. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations (see attached memorandum) as they relate to the construction of the Project and staff has determined that the most feasible location for the utility improvements for the construction of the Project is more particularly shown off Exhibit "A" of the attached Resolution. This Resolution is to approve the negotiated purchase of property with owners without having to present each parcel to the Board on a case-by-case. This procedure will expedite the Project. The Board may also be requested later to authorize condemnation of parcels not secured through negotiations. Under this Resolution, the Chairman is authorized to execute Donation Agreements, Purchase Agreements and any other documents required to complete the transaction. FISCAL IMPACT: Total acquisition cost is estimated at $1,300,000 and includes all land, improvements, title policies, survey, staff time and appraisal fees, etc. Funds are available in the Water Impact Fee Fund (411), South County Regional Water (SCRWTP) 12-MGD Reverse Osmosis (RO) Wellfield Expansion Project (70892). GROWTH MANAGEMENT IMPACT: The project is recommended in the latest 2002 Water Master Plan adopted by the Board in February 25, 2003, Agenda Item 10 (A). JAN 2 7 200 EXECUTIVE SUMMARY Resolution for Gift and/or Purchase - SCRWTP 12-MGD RO Expansion Welifield Project Page 2 RECOMMENDATION: That the Board of County Commissioners: Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the construction of the Project is more particularly shown on Exhibit "A" of the attached Resolution; Adopt the attached Resolution authorizing the acquisition by gift or purchase of non- exclusive, perpetual utility interests by easement as required to complete the SCRWP 12-MGD RO Wellfield Expansion Project; and 3. Authorize the Chairman to execute the attached Resolution. Cindy M. F4~, Sr. Property Acquisition Specialist Real Estate Services - Facilities Management Department REVIEWED Ton~. l~i~i'i, ~n'l'~ervih~r''''~' - ~ Real Estate Services - Fa~lities Man(~ement Department REVIEW-ED By:~& ~,'/~,,L,',----(' ')' (~ DATE: Charles E. Carrington, Jr, SR/WA, Manager Real Estate Services - Facilities Management Department REVIEWED BY: Sl~p Camp, Director Facilities Management Department DATE: JAN 2 7 200& EXECUTIVE SUMMARY Resolution for Gift and/Or Purchase - SCRWTP 12-MGD RO Expansion Wellfield Project Page 3 REVIEWED BY: ~ /'/~ ~t~-~...~ DATE: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineerin~ APPROVED B~~~>?4~ '~ ~ .~'~ JameI W. DeLony, P.E., Administrfitor ~x~y.~c Utilities Division ~ DATE: AGi~NOA IT£M ,/' JAN 2 7 200~ PG. ~ RESOLUTION NO. 2004- RESOLUTION NO. CWS-2004- ~ A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIF1~ OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW WATER MAINS AND WELL SITES REQUIRED FOR THE COII.IER COUNTY WATER-SEWER DISTRICT'S SOUTH COUNTY REGIONAL WATER (SCRWTP) 12-MGD REVERSE OSMOSIS (RO) WELLFIELD EXPANSION PROJECT, PROJECT NUMBER 70892. WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as Ex- Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as "Board"), on February 25, 2003, adopted the 2002 Water Master Plan Update for the County's Water Service area in order to establish priorities for the design, acquisition, and construction of the various water capital improvement projects; WHEREAS, the SCRW'I~ 12-MGD RO Wellfield Expansion Project, hereinafter referred to as "Project" is one of the capital improvement projects required ~nder the 2002 Water Master Plan Update for the County's Water Service area; and WHEREAS, the Project involves the construction of the sewer force main, raw water mains and wells that will provide water and sewer to be treated by the SCRWTP; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said utility improvements, it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to construct the sewer force main, raw water mains and wells as part of the "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said utility improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the utility improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety, and welfare of the citizens of Collier County by allowing the construction of the raw water mains and the wells. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF AC~NDA IT£1~ [ ~o. //~ e_.cd- JAN 2 7 200 , COLLIER AND EX-OFFICIO THE GOVERNING BOARD OF THE COl .1JV.R COUNTY WATER- SEWER DISTRICT, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the utility improvements and related facilities. 2. The utility and maintenance easements, access easements, and temporary construction easements acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the utility improvements and related facilities for the Project. 3. The Board has determined that the construction and maintenance of the Project and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the utility improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire-the interests by non-exclusive, perpetual, utility and maintenance easements, temporary construction easements, and access easements as identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the non-exclusive, perpetual, utility and maintenance easements, temporary construction easements and access easements on the properties identified in Exhibit "A". 6. the appraisal The Chairman of the Board is hereby authorized to execute Appraisal Agreements with firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use 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. 7. The Board 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 00/100 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. A~.~NOA IT~# t JAN 2 7 200/, 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Estate Services' staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates), in return for the immediate and proper execution of the respective easements, or deeds and such 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 for the acquired utility and maintenance easements, temporary construction easements, and access easements. 9. In those instances where negotiated settlements may be obtained via the "Donation Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement ~rojects, and 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 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. 10. That the settlement approval authority is delegated by the Board in accordance with the provisions of Chapter 88499, Laws of Florida. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Donation 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. 12. Where the property owner agrees, by sworn affidavit or agreement ("Donation 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, and 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 JAN 2 7 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 Chapter 88-499, Laws of Florida. 13. 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 Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution adopted on this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of 2004, after motion, BOARD OF COUNTY COMMISSIONERS OF COl J .IER COUNTY, FLORIDA, Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney By: AG~)A ITl#, / JAN 2 7 2004 EXHIBIT Page / of 15' UTII.,RY ~ENT 170' I m._~ 20' UllLnY FOR PROPOS~ 4' I~ FORCE I,~,NN A FIGURE I LQREELEY 15' ~ ~0' I~W ~ ~ MATCH LINE (SEE FIGURE 2) AND HAN~BN COLLIER COUNTY GOVERNMENT PUBLIC UTIUTIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD I J~N 2 7 200~ EXHIBIT Page 2..- of RGURE 2 MATCH LaNE (SEE FIGURE 1) 70' 390 , 390Fr 24' RN# WATER MATCH LINE (SEE FIGURE 3) COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT I:~I:Im:I::L.~Y AIM~ HAIMSI:N ~wc PROPOSED SCRWTP WELL FIELD EXHIBIT ':4" ,. Page MATCH LINE [SEE FIGURE 2) RGURE 5 A~ 20" RAW V/Al'ER T~L~ I~ 12' 39OFT 16' ~ WA~];~ 170' FI~ EASEMENT .J MATCH LINE (SEE FIGURE 4) REELEY AND HANSEN ~= COLLIER COUNTY GOVERNMENT PUBLIC UTIUT1ES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD /~G~NOA ITOh; / 1 .G.,_/~. : _ j EXHIBIT Page '~ ,of -~ MATCH LINE SEE FIGURE 3) PROPOSe) RAW WATER I..~CATE]N ENV1D..Bx~: CTYP) 16° RAW WATER 170' FPt. EASEMENT A 12' f RGURE 4 /*" / LEGEND · -SINGLE POWER POLE · . DOUBLE POWER POLE l_4°' (~PL, SINGLE POLE EAST BOUNDARY OF CE FPL EASEMENT~ ~ _ 42' t 55' 70' DOUBLE POLE DETAIL COPIED FROM FPL AS-BUILT DP, AWiNG DATED 2-24-83 ER No. 7159 PROVIDED BY: FPL NOTES: 1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH 2. THIS MAP WAS PREPARED TO SHOW PROPOSED RAW WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR CONSTRUCTION OR PROPERTY RECORDING PURPOSES. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED WELLS WILL BE LOCATED IN EASEMENTS OUTSIDE OF THE FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET FROM FPL POLES. I;REEL. EY AND HANBEN COLLIER COUNTY GOVERNMENT PUBUC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD A~.~I~A ]T[# // JAN 2 7 2004 .G. II H EXHIBIT "'~" Page ~ of ~ FIGURE 5 b.J ' EXISTING ~ POWER POLE ? EASFMF'NT I ~ Vt ~--PROPOSED 16"-.~0" RAW WATER MA,N I /_ IpRoPOSED ELEOTR,CAL. ,NS','RUMENYAT,O (,~ ~ lAND CONTROL CABLES / _5', lO' [ ' /./ ,~o' . 115' -I ~;ECTION A-A (TYPICAL SECTION FOR RAW WAT[R MAIN') NOT TO SCALE ~I:I~,EI. EY ANI:I HANSEN ~.u: COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT PROPOSED SCRWTP WELL FIELD COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT MEMORANDUM DATE: TO: FROM: RE: January 8, 2004 James W. Delony, P.E., Utilities Administrator Roy B. Anderson, P.E., Director - PLIED Mohan Thampi, P.E., Senior Project Manager SCRWTP Wellfield Expansion for 12-MGD Reverse Osmosis Expansion Alignment Analysis and Recommendation, PUED Project 70892 The wellfield design and permitting project for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis expansion to 20 million gallons per day (MGD) was identified in the 2002 Water Master Plan and adopted by the Board of County Commissioners on February 25, 2003 as Agenda Item 10(B). The purpose of this memorandum is to summarize the investigations conducted to establish, evaluate, and compare alternative routes for the well transmission mains and alternative sites for the wells intended to convey water to the SCRWTP. The project will increase the raw water reliable capacity available to the SCRWTP by approximately 16 MGD yielding an increase in finished potable water of approximately 12 MGD. Greeley and Hansen LLC is the consultant charged with the completion of the pipeline route study and well site investigation. Water Resource Solutions (WRS) is advising on the apparent suitability of the well sites from a water production and water use permitting purview. The investigations consist of the following principle elements: · Acquire and develop basic data needed for the pipeline route and well site selection process; · Develop alternative configurations; · Evaluate and compare the alternatives; · Prepare recommendations for the raw water pipeline alignment and well site locations based on the results of these investigations. The methodology employed to identify the recommendations for the well transmission mains and well sites consists of the following major elements: · Focus on area of apparent advantageous hydrogeologic conditions; · Identify potential pipeline route and well site alternatives; · Develop engineering, regulatory and non-cost identifiable criteria against which pipeline routes and well sites are evaluated and compared; · Evaluate the permitability and constructability of the alternatives in the field; · Prepare preliminary opinions of project cost for purposes of comparing the alternatives; Page 1 of 2 the alternative AGF. NOA It~.l~ t'! .o. ,JAN 2 7 PG. /,O · Select and prioritize the non-cost-identifiable criteria for this project; and · Prepare recommendations for pipeline routes and well sites, considering all of the above. Greeley and Hansen LLC conducted a feasibility evaluation of this project in August 2001. Each route and well site identified considers a maximum 30-inch diameter pipeline and 23 wells capable of producing a raw water reliable capacity of 16 million gallons per day. Hydraulic modeling was performed to size the raw water transmission mains based on a maximum flow from individual wells of 700 gallons per minute (1 MGD). Three pipeline route alternatives and 49 well site alternatives were identified and evaluated. In order to compare alternatives, it was necessary to acquire information on the various factors that affect the suitability and cost of each alternative. Comparative evaluations of the alternatives included the development of probable construction costs, wetland mitigation, and land acquisition costs. Pertinent criteria, including safety, environmental, long range planning, and other criteria, which are not readily cost identifiable, were also assessed. These factors were evaluated with respect to each alternative alignment in order to rank the alternative sites and alignments. The selection of the pipeline routes and well site alternatives included consideration of roads, utility corridors and environmentally sensitive lands. Alternative routes were identified based on field observation and review of collected data. Pipeline routes and well sites were identified to minimize acquisition of easements. Many easements have been identified and will be required prior to construction of the project. In general, easements required for pipelines and well sites have been identified along property lines and in the corners of properties to minimize impacts to the property owners. Figure 1 shows the proposed pipeline route and recommended well sites. Nearly all of the backbone of the raw water transmission pipeline is within the Florida Power and Light (FI'L) utility easement. A Mutual Use Agreement has been negotiated with FPL for use of this easement corridor. The recommended pipeline route and well sites are the least costly, have minimal general public and traffic impacts, and avoid environmentally sensitive lands. Estimated construction costs for this project were developed from bids for recent similar projects. The total estimated construction cost for the major portions of the project are as follows: Description Wells and Pipeline 1-75 Pipeline Crossing Generators Total Project Estimated Costs Cost $17,250,000 $1,750,000 $2,000,000 $21,000,000 Page 2 of 2 AG~NOA ITEl, I// JAN 2 7 200t,. PG. /9/ R 26 E J R 27 E I FIG RE SOUTH COUNTY REG,ONAL WATER TREATMENT PLANT ~ I ' (SCRWTP) i!~' i.. - ~ 50' TRANSMISSION MAiN l RADIO ROAD .....-- , "t, ~ BECK BLVD r .// // -- EXISTING 170' //,/ ~ ; , FPL EASEMENT ? 4 3 ,-.: ~,4,. 2 I I 20- ~NSMISS,ON ~N~' & p &~l I 16' TRANSMISSION My~N ] 22 23 24 / i i ~ ' R 26 E COLLIER COUNTY GOVERNMENT i R i~. ~GEI DA XT£#I [ 2000 1000 0 2000 SCRWTP WELL FIELD EXPANSION I ' ' m PROPOSED RAW WATER TRANSMISSION I~RIII. IY AND HANIIN ~,= SCALE IN FEET MAIN AND WELLS PG. /_~ EXECUTIVE SUMMARY AWARD ANNUAL CONTRACT FOR INSTRUMENTATION, CONTROL, TELEMETRY, AND SCADA INTEGRATION SERVICES PURSUANT TO RFP 04- 3536, IN THE ESTIMATED AMOUNT OF $1,500,000 OBJECTIVE: To provide for scheduled and emergency instrumentation, control, telemetry, and SCADA (Supervisory Control And Data Acquisition) systems repair and installation services to be used by any Public Utilities Department. CONSIDERATIONS: The County operates various water and wastewater facilities necessary to serve the customers of the County Water/Sewer District. These facilities are monitored and operated via computer controlled telemetry systems and miscellaneous electronic control devices and instruments. An Annual Contract for Instrumentation, Control, Telemetry, and SCADA Integration Services is required to repair, service and provide new and replacement installations of the various system components to ensure proper operation of the Water and Wastewater Systems. RFP 04-3536 was posted on September 23, 2003. Forty-four inquiries were received from vendors, and subsequently forty-one vendors requested full packages. Representatives from 19 vendors attended a mandatory Pre-proposal Meeting on October 9, 2003, and thirteen proposals were received on October 24, 2003. Multiple Selection Committee meetings were held on November 13, November 21, December 16, and December 19, 2003. Proposals were evaluated on the following criteria: Expertise of Designated Staff, Previous Performance on Similar Jobs, On-Call/Emergency Work, Price List, References, and Proposal Responsiveness. Aider review, scoring, invitational vendor presentations and discussion, by consensus of the members, the following seven firms have been selected and recommended for award of contract (in no particular order): American Computer Technologies Control Instrumentation, Inc. DCR Engineering Services, Inc. EMA, Inc. Exceptional Automation, Inc. GE Automation Services Revere Control Systems, Inc. Due to the broad spectrum of services solicited, diversity of equipment between the Water and Wastewater Departments, and the individual expertise of the vendors, Staff recommends award of contract to the seven aforementioned vendors. Services will be requested by purchase order. FISCAL IMPACT: Expenditures will be dependent on required system repairs, maintenance, upgrades, and new installations. The funds are budgeted and approved in the following operating budgets for the Water and Wastewater cost centers: North Water Facility, Water Reclamation Facility, South Water Facility, Wastewater Collections, Water Distribution, AO~NOA IT~ / JAN 2 7 200 , / Executive Summary Award Contracts Pursuant to RFP 04-3536 Page Two Goodland Water District and Pelican Bay Water Reclamation Facility. The source of funds is user fees. The funding for each purchase order that is assigned under the approved contracts will come from each user Department. It is anticipated that the Water and Wastewater Departments will be the predominant users of this contract. The anticipated purchase orders will be consistent with the 2002 Update to the Water and Wastewater Master Plans as adopted by the Board on February 25, 2003 as Agenda Items 10(A) and 10(B). These purchase order agreements are also consistent with current budget requirements, as approved by the Board on September 18, 2003. GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, award RFP 04-3536 to the seven firms recommended herein for the Annual Contract for Instrumentation, Control, Telemetry, and SCADA Integration Services, and authorize the Chairman to execute the standard County Attorney approved contract. Dennis McGee, P.E., Public Utilities Engineering Department REVIEWED BY: ~_ _~...'~ Date: · Tt' Karl Boyer, P E, Public Uti 1 les Engineering Principal Project Manager ~)Z.,~~~-_...._/, Date: ~VIEWED BY: Ro~. ~derson, P.E., Public Utilities Engineering Director ~V~DBY: ~ ~t ~ Date: Ste~eh Y. Camell, e~ha~ctor ~PROVEDBY~.. ~ ~ilit, e~~5~~ W. DeLony, ~b~til: .... AC,~[~& IT£1,~..'~ ' N0. /~ G,,.hr. JAN 2 7 200 P~o ~ EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUE FROM THE POLLUTION CLEAN-UP AND RESTORATION CONTRACT GC 623 IN THE AMOUNT OF $66,257 OBJECTIVE: Board approval of a budget amendment to recognize additional revenue fi.om the Pollution Clean-Up and Restoration Contract GC623 in the amount of $66,257 to the Water Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, projected revenue amounts are estimated. State contracts are generally finalized by mid August to early September after the budget process, creating revenue variances, which are recognized via budget amendment. The Pollution Control Department will receive additional revenue from Contract GC 623 in the amount of $66,257 for extra task. s associated with the contract. FISCAL IMPACT: Funds are available in Pollution Clean-Up and Restoration Contract GC 623 and will be placed in the Water Pollution Control Fund (114). GROV~YH MANAGEMENT 1MPACT: Clean-up of petroleum contaminated sites is consistent with Objective 1.5 of the Natural Groundwater Recharge sub- element of the Public Facilities Element of the County's Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. RECOMMENDATION: That the Board of County Commissioners recognize the additional revenue fi.om Contract GC623 and approve the budget amendment. SUBMITTED BY: Mar;~upervisor Pollution Control & Prevention Department Date: REVIEWED BY: ~___J~~ Rq~S ~i-trhl~i~ct~r - Pollution Control & Prevention Department APPROVED BY:~~ ~am¥_s W.._.D.eL0_ny., .P./~., Administrator Q,.__ic Utilities Di/qsion Date: Date: //.fi~~ ,~<~ N0.~ JAN 2 7 20fit, laG. ~ EXECUTIVE SUMMARY APPROVAL TO TRANSFER FUNDS AND THE ASSOCIATED BUDGET AMENDMENTS FOR CONTRACT NO. GC623 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FROM WATER POLLUTION CONTROL FUND (114) TO MISCELLANEOUS GRANTS FUND (116) IN THE AMOUNT OF $201,257 AND TO TRANSFER THE REMAINING BUDGET IN THE AMOUNT OF $30,300. TO RESERVE FOR CONTINGENCIES IN WATER POLLUTION CONTROL FUND (114) OBJECTIVE: To have the Board of County Commissioners (BCC) approve the transfer of funds in the amount of $201,257 and the associated budget amendments from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116). In addition, request the Board of County Commissioners (BCC) approve the transfer of the remaining budget and the associated budget amendment in the amount of $30,300 to reserve for contingencies in the Water Pollution Control Fund (114). CONSIDERATION: Since 1990 the Pollution Control & Prevention Department has been providing contract administration and remediation services for the clean up of petroleum- contaminated sites throughout Collier County under a Contract with the FDEP. Annually, the contract between the FDEP and the County has been revised, amended or re-negotiated to reflect the changing fiscal, legal or legislative conditions and requirements. The Board approved Contract No. GC623 on September 23, 2003. However, the terms of this new Contract required funds to be reported to the State as grant funds. Due to State grant tracking requirements and the County's current financial information system, the revenue and expenditures from Water Pollution Control Fund (114) need to be transferred to Miscellaneous Grants Fund (116) for tracking purposes. This program currently has a budget of $231,557 and was originally partially funded by ad valorem taxes in the amount of $30,300. It will now be fully funded by the state grant in the amount of $201,257 and the remaining balance of $30,300 will be placed in reserve for contingencies in Water Pollution Control Fund (114). FISCAL IMPACT: Total expenditures for this program are estimated to be $201,257 and will be funded in the FY03/04 budget from Miscellaneous Grants Fund (116). The remaining balance of $30,300 will be placed in reserve for contingencies in Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites is consistent with Objective 1.5 of the Natural Groundwater Recharge sub-element of the Public Facilities Element of the County's Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. RECOMMENDATION: That the Board of County Commissioners: Approve the transfer of funds and the associated budget amendment for Contract No. GC623 with the Florida Department of Environmental Protection (FDEP) fi'om Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) in the amount of $201,257. To also approve the transfer of the budget and the associated budget amendments in the amount of $30~300 to Reserve for Contingencies in the Water Pollution Control Fund (114). JAN 2 7 200 SUBMITTED BY: Ma~ Comelisse, Operations Supervisor Pollution Control & Prevention Department REVIEWED BY: /~_~_~. _ ,~/~,~. ~s-~ Date: ,~ay sdaSdo~tor Pollution Control & P/retention Department ~ Ja~nes W. D~Lony, P_~., Administrator ~hblic Utilities Division JAN 2 7 200,~ EXECUTIVE SUMMARY APPROVE A WORK ORDER WITH GREELEY AND HANSEN LLC TO PERFORM AN INFILTRATION/INFLOW STUDY FOR THE NORTH COUNTY WASTEWATER SERVICE AREA IN THE AMOUNT OF $251,980.00, PROJECT NUMBER 72502 OBJECTIVE: To obtain approval of a Work Order under Contract #00-3119 for performance of an Inflow & Infiltration Study for the North County Wastewater Service Area. CONSIDERATIONS: As the result of overflow events which had occurred at several pump stations within the Collier County Water-Sewer District's Wastewater Service Area, Infiltration/Inflow studies, one each for the South and North service areas, were included in the 2002 Wastewater Master Plan Update. These projects are consistent with a draft amendment to the Consent Order with the Florida Department of Environmental Protection (FDEP) dated December 2, 2002. The Consent Order requires Collier County to conduct a Comprehensive Infiltration/Inflow Study addressing the North and South Sewer Service Areas and to submit the results to FDEP by December 31,2006. This project, a defined project in the sewer capital projects budget for FY 04 approved by the Board on September 18, 2003, provides sewer system inflow and infiltration analysis, field investigation, and a recommendations report. The goal is to reduce wet weather flows to the North County Water Reclamation Facility. A proposal xvas obtained from and negotiated with Greeley and Hansen LLC to perform the scope of work for this project. The scope was evaluated for adequacy to comply with the Consent Order. The negotiated fee is a reduction of $46,000 in comparison to the similar South County project, which reflects gain in efficiency due to awarding a similarly-scoped project to the same consultant. Authorization to perform this work will be through the attached Work Order to the Agreement for Fixed Term Utilities Engineering Services (Contract #00-3119). Implementing the recommendations of this study will be a separate wastewater capital project funded in Fiscal Years 2005-2008. FISCAL IMPACT: The cost to perform the scope of work in the attached Work Order is $251,980.00. The project's total budget of $320,000.00 is included in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2(H), (Resolution 2003-318). The source of Funds is Fund 414, Sewer User Fees. The commitment of $251,980.00 to the consulting services of Greeley and Hansen also allows a reserved amount of $68,020.00 for field testing services. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan Update adopted by the BCC, February 25, 2003, Agenda Item 10(B). RECOMMENDATION: That the Board, as Ex-officio the Governing Board of the Collier County Water Sewer District: 1. Approve Work Order #GH-FT-04-03 to Greeley and Hansen, LLC in the amount of $251,980.00 to perform an Inflow & Infiltration Study for the North County Wastewater Service Area, Project no. 72502; and 2. Authorize the Public Utilities Engineering Director to execute the Work Order, Executive Summary Greeley and Hansen Work Order Page 2 SUBMITTED BY: REVIEWED BY: r~.~ ~' P.I~. DATE: Ivy Wylie, P.E2 Planning Engineer Public Utilities Engineering Department I~seph B. Cheatham, Directo Wastewater Utility REVIEWED BY: /" Z~7~ ~ ~~ DATE: P,/oy B. Anderson, P.E., Director ublic Utilities Engineering Department APPROVED BY.'~~9 ~ ~/~ DATE: ~.....~~nes W. Der;on_y, ~P.ff., Administrator ~____.~lic Utilities Dif,~on JAN 2 7 ~00~ PG. _,c~ '. WORK ORDER # GH-FT-04-03 Agreement for Fixed Term Utilities Engineering Services Dated January 12, 2004(Contract #00-3119) This Work Order is for utilities engineering services for work known as: Project: Inflow/Infiltration Study for North County Wastewater Service Area The work is specified in the proposal dated January 9~ 2003, which is attached hereto and made a part of this amended Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-03-04 is assigned to Greeley and Hansen LLC. Scope of Work: Task: #1 Collect and Review Existing Data #2 Develop Data Collection Approach #3 Coordinate and Review Stormwater Options #4 Collect New Data #5 Prepare Final Report #6 Additional Services Allowance Schedule of Work: Complete work within 19 months 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 time and material, not to exceed amounts indicated in the schedule below: Task: #1 Collect/Review Existing Data #2 Develop Data Collections Approach #3 Coord/Review Stormwater Options #4 Collect New Data #5 Prepare Final Report #6 Addn Services Allowance Total Time & Materials Not To Exceed $ 12,444.00 (lump sum) 65,680.00 (lump sum) 10,482.00 (lump sum) 78,800.00 (lump sum) 65,466.00 (lump sum) 19,108.00 (time & material) $ 251,980.00 Any change within monetary authority of this Work Order made subs'equent to final department approval will be considered an additional service and charged according to Schedule "A' of the Agreement. PREPARED BY: REVIEWED BY: Wylie,. P.E., Planning l~ngineer, PUED Date Jc~ph I~. Cheatham, Director, Public Utilities Wastewater Date AUTHORIZED BY: Roy B. Anderson, P.E. Director, PUED Date Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: ATTEST (2): By: Type Name: Type Name: Date: Greeley and Hansen, LLC Name of Firm By: Roger S. Howell, P.E., Associate Work Onle~ Templau: cc: Puxcbadag Finance Fiscal G&H FUND: 414, COST CENTER: 263614, OBJECT CODE: 631400, PROJECT NO. 72502 JAN 2 7 200 EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #GH-FT-04- 03 Inflow/Infiltration Study for North County Wastewater Service Area Scope of Services Greeley and Hansen LLC January 9, 2004 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform professional engineering services for Collier County, herein referred to as COUNTY, associated with the Inflow/Infiltration (I/I) Study for North County Wastewater Service Area, herein referred to as PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00-3119. The PROJECT comprises specific Tasks required to accomplish the following professional engineering services: · Collect and review existing data relating to the north wastewater collection system; · Determine additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; Coordinate and review stormwater improvement options with the Stormwater Section of the Transportation Engineering and Construction Management Department of the Collier County Transportation Division (Stormwater Section); · Collect new data using testing contractor(s) previously procured by COUNTY during the South County I/I Study; · Provide field review and observation of testing contractor(s) activities and results; · Prepare testing summary report of data collected; and · Prepare final I/I report. Page 1 of 5 JAN 2 7 200 The output for these professional engineering services shall be a report to COUNTY detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. Detailed descriptions of the Tasks are presented below. Task 1. Collect and Review Existing Data Collect and review the following available basic data to the extent available, relating to the North County Wastewater Service Area: · Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by COUNTY, including available GIS information and base mapping; · Drawings of privately owned wastewater systems that connect to the COUNTY system; · Existing data relating to wastewater flow measurements, COUNTY pumping station run times, rainfall data, seasonal population by service area, and aerial mapping; · Information that has been obtained by COUNTY Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; · Information on localized flood data from COUNTY Stormwater Section; · Drawings of previous rehabilitation projects; and · Information relating to the age of pipe and pipe materials in the wastewater collection system. Task 2. Develop Data Collection Approach Based on review of existing data available fi.om COUNTY, identify additional data collection and testing requirements and procedures as follows: Prioritize locations where additional data collection and testing are required with Wastewater Collections Department based on locations of sanitary sewer overflows, surface flooding, known Ill problem areas, pumping stations with excessive run times, and previous test data and inspection reports. B. Conduct field review of selected high-priority PROJECT areas. C. Design geodatabase in which to compile I/I results. This database shall be used by ENGINEER to map results and perform analyses. This database shall be compatible Page 2 of 5 AGENOA IT£8 ~ JAN 2 7 200 ] with COUNTY's GIS. Using ESRI's ArcGIS, the following data layers shall be added to or linked to COUNTY's geodatabase: · Sewer catchment areas (added) · Smoke testing (added) · Sewer segments (linked) · Manholes (linked) · Localized flooding (added) D. Develop data collection and testing procedures for high-priority locations, consisting of the following: 1. Wet/dry weather flow measurements/monitoring 2. Smoke testing 3. Manhole inspections 4. TV inspections 5. Rainfall data collection 6. Identification of localized flooding Eo Obtain Flow Monitoring, Rainfall Collection, Smoke Testing, Manhole Inspection and TV Inspection proposals for COUNTY from previously procured testing contractors. COUNTY will execute the necessary contracts. F. Attend two meetings with COUNTY to agree on data collection approach. Task 3. Coordinate and Review Stormwater Options with COUNTY's Stormwater Section A. Collect and review drawings for stormwater improvements within PROJECT area from COUNTY Stormwater Section. Assist COUNTY Stormwater Section with review of up to two stormwater improvement options within the PROJECT area. Stormwater options shall be developed by the Stormwater Section. Correlate stormwater options with high- priority VI study areas. C. Attend up to two meetings with Stormwater Section to collect information, coordinate I/I study procedures, obtain new data, review stormwater options and evaluate data. Task 4. Collect New Data Execute data collection approach developed and approved in Task 2. mo Contact owners of up to five private systems to schedule for inspections and testing. Arrange for and schedule testing with property owners and homeowners' associations. Page 3 of 5 JAN 2 7 PG. Permission to allow entry for private system testing shall be obtained by COUNTY. B. Coordinate and monitor field testing programs performed by contractors. Effort shall not exceed 300 man-hours of field services. C. Quantify VI in total and by source. D. Review and summarize electronic data for incorporation into the COUNTY's GIS system. E. Prepare testing summary report. Report shall consist of descriptions of the testing procedures used and testing results by location; descriptions of system deficiencies found by location and quantification of the inflow and infiltration determined from the testing performed. All field testing will be performed by contractors procured by and contracted with COUNTY. Task 5. A. Prepare Final Report Perform cost-effective analyses to determine what defects to repair and prioritize those repairs. Prepare draft report consisting of recommended repairs, implementation schedules and estimated implementation costs. Submit ten copies of the draft report to COUNTY for review. Attend up to two meetings with COUNTY to discuss its draft report comments. Respond to up to two rounds of COUNTY review comments. Review comments shall be directed through COUNTY Project Manager to ENGINEER. D. Prepare final report. Submit ten copies of final report to COUNTY. Task 6. Additional Services Allowance Provide an allowance for Additional Engineering Services related to the performance of the North County Wastewater Service Area Inflow/Infiltration Study on a time and materials basis. Costs and Method of Compensation Task 1:$12,444 Task 2:$65,680 Task 3:$10,482 Task 4:$78,800 Task 5:$65,466 Task 6:$19,108 (Lump Sum) (Lump Sum) (Lump Sum) (Lump Sum) (Lump Sum) (Time and Materials) Page 4 of 5 JAN 2 7 200 , Total: $251,980 A detailed cost breakdown is shown in Exhibit 1. Schedule Time for Completion From Notice to Proceed (Weeks) Task 1: 6 Task 2: 14 Task 3: 52 Task 4: 58 Task 5: 78 Task 6: 78 Concurrent with all other Tasks A detailed schedule is shown in Exhibit 2. This schedule may be extended due to failure of COUNTY to employ testing contractors on schedule, contractors' actual performance schedules, inclement weather, and other delays beyond ENGINEER's control. ENGINEER shall provide written notice to advise COUNTY Project Manager within five calendar days of any such delays. Page 5 of 5 JAN 200 PG. L.) ~.~ ~ ~o ~ o o oo °o § oo O0 ~o~' 0 0 ~ 0 0 0 0 Z 0 0 ~ 0 o ~ ~ ~ o g ~ ~ > 0 ~ 0 ~ ....... 0 0 ..... ~ .... ~ ~ ~ ~ AG ~ I*'EM , JAN 2 7 200( ,< w Z 0 ~ o _o m w 0 u. q Z 7 n' UJ LI UJ n- Z Z '3- 0 LLI Z I-- ,< a.' Z 0 w ~ ~ ~- z Z ~ ~ ,, ,, ~. ,, JAN 2 7 2{}[1~, P6. _._/__.~~ EXECUTIVE SUMMARy AUTHORIZATION TO EXECUTE AND RECORD A SATISFACTION FOR A CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS $15.00 TO RECORD THE SATISFACTION. OBJECTIVE: Approval of and authorization for the Chairman to execute a satisfaction for agreement to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as E x-Officio t he Governing Board o f t he Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this agreement has been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $94,500.00. The fiscal impact for recording the Satisfaction of Lien is approximately $15.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. p repa red by :~'--~c.~.v~ ~-'~.¢~ Pam Callis,..Revenue Supervisor Utility Bil. Jidg and Customer Sg~ice Reviewed b,: ~ : ~ ~ Teresa A. Riesen, Revenue Manager Utili~ Billing and Customer Se~ice Reviewed by: ~~ ~~ J~hn~. Yonk~sk~Si~ctor_ ~ Approved by: ~ ~~., Administrator Utilities Divisibn Date: Date: 2 JAN 2 7 200~ PG. ¢~ , , Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Perrine Enterprises, a Florida General Partnership Whose mailing address is 2470 Tarpon Rd Naples, FL 33962 Bearing the date of the 10th day of May 1996, recorded in Official Record Book 2181 Page(s) 1079, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Ninety-Four Thousand Five Hundred Dollars-and No cents ($94,500.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described &s follows: See Attached Exhibit A FOLIO NUMBER: 61841680000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROBERT ZAI2~i,~R Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CHAIRMAN JAN 2 7 200 EXHIBIT "A" LEGAL DESCRIPTION Lot 122 and that part of Lot 121 lying East of a line continued due South from the North and South line between Lots 122 and 123 to the South line of Lot 121 and North of a drainage easement as described in Deed Book 28, Page 124, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS, NO. 2, according to plat in Plat Book 1, Page 27, excepting therefrom: The parcel of land herein described being a part of Lot 122 of the Naples Groves and Truck Company's Little Farms, No. 2. Commencing at a point 250 feet Northwesterly along the right-of-way of said State Road #27 from the point at which the dividing line between Lots 122 and 120 touches the line of the right-of- way of the said State Road #27, thence Northwesterly 50 feet along the line between the said right-of-way and the said Lot 122; thence 150 feet back into the body of the said Lot 122, the line being at an angle of 90° with the line of the right- of-way of State Road #27; thence 50 feet Southeasterly parallel with the said right-of-way and thence 150 feet to the Place of Beginning. That part of Lot 122 of Naples Groves and Truck Company's Little Farms No. 2, as shown on plat recorded in the Public Records of Collier County, Florida, in Plat Book 1, at Page 27, which is described as beginning at the intersection of the East line of said Lot with the South side of the Tamiami Trail; thence in a Northwesterly direction along the South side of the Tamiami Trail 15 feet for a Place of Beginning of the land herein conveyed; from this Place of Beginning continue in a Northwesterly directiOn along the South line to the Tamiami Trail a distance of 135 feet to a point on the South line of the Tamiami Trail; thence in a Southwesterly direction at right angles to the Tamiami Trail a distance of 190 feet; thence in a Southeasterly direction parallel to and 190 feet distance from said Tamiami Trail 263 feet, more or less, to a point which is 15 feet West of the East line of said Lot 122; thence North parallel to the East line of Lot 122 and 15 feet distance therefrom, 200 feet to Place of Beginning of the land herein described. The parcel of land herein described, being a part of Lot 122 of the Naples Groves and Truck Company's Little Farms, No. 2; commencing at a point 300 feet Northwesterly along the right-of-way of State Road #27, from the point at which the dividing line between Lots 122 and 120 touches the line of the right-of-way of said State Road #27; thence Southwesterly at right angles thereto 150 feet; thence Southeasterly at right angles and parallel to said State Road #27 a distance of 50 feet; thence Southwesterly at right angles a distance of 56 feet; thence Northwesterly at right angles and parallel to said State Road #27 for a distance of 46 feet to the line dividing Lots 122 and 123 of said Naples Groves and Truck Company's Little Farms, No. 2; thence North along said dividing line to the Southerly line of the right-of-way of State Road #27; thence in a Southeasterly direction along the Southerly line of said State Road #27 a distance of 165 feet to the Place of Beginning. From the intersection of the East line of Lot 122 of Naples Grove and Truck Company's Little Farms, No. 2, as recorded in Plat Book 1, Page 27, Collier County, Florida, records, with the South line of the Tamiami Trail, run south along said east line of Lot 122 for 229.08 feet, thence north 20 feet to establish Place of Beginning from said Place of Beginning run north 50° 43' 30" west 189.81 feet; thence south 00° 13' w 200.16 feet; thence east 147.74 feet; thence north 100 feet to the Place of Beginning. The described property being a part of the above described Lot 122 and containing 23,528 square feet, more or less. For the purpose of this description the east line of Lot 122 is considered a true North- South line. Also, The easterly 45 feet of Lots 44 to 67 inclusive as measured at right angles to the east line of Lots 44 through 67 inclusive, ROYAL PALM TERRACE, according to plat in Plat Bock 1, Page 35, and the East 45 feet of, the AG~NOA I T£M~,.~ JAN 2.7 200 following described property: The East 246.3 feet of the West 271.3 feet of Lot 121, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS #2, according to plat in Plat Book 1, page 27, lying North of the center line of the drainage easement, and subject to said easement, as recorded in Deed Book 28, Page 122 and Deed Book 28, Page 126, and EXCEPTING THEREFROM that certain parcel of land deeded from Eugene Gandees and Doris Gandees to W. B. Weese, recorded in Deed Book 4, Page 208. All recording references being in the Public Records of Collier County, Florida. JAN 2 7 2004 EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $96.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of liens, for previously recorded liens that have subsequently been paid. SEE ATrACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $96.00 and will be charged to MSTD Gen'eral Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. JAN 2 7 p repa red by :~b'~-~~~~~ Pam Callis~Revenue Supervisor Utility B,~ng an~,~ustomer Service Reviewed by: Teresa A. Riesen, Revenue Manager Utility Billing and Customer Se~ice Util~ ~~~~er ~ice bY: ~e~ W. DeL~ny, P~., Administrator Approved Utilitios DivisiOn Date: '\'~ ~'-~ Date: Date: \/q,}o ~ JAN 2 7 200~, EXHIBIT "A" o o o 10. 11. 12. 13. Bank of America, N.A., Folio # 36379600008, Lot 8, Block 214, Golden Gate, Unit 6, Part 1. Res. 2001-333 Jerome Bienenfeld ET UX, Folio # 23371080008, Lot #33 of Bayview Park. Res. 96-517 H. Javier Castano & Sherry L., Folio # 62570960003, Lots 14, 15, 36, 37 and 38, Block 17, Naples Park, Unit 2. Res. 2002-168 Crawford, Henry, Folio # 62101760009, Lot 9, Block 13, Naples Manor Addition. Res. 2001-460 Crawford, Henry, Folio # 62101760009, Lot 9, Block 13, Naples Manor Addition. Res. 2001-275 Crawford, Henry, Folio # 62101760009, Lot 9, Block 13, Naples Manor Addition. Res. 2000-436 Henry Crawford, Folio # 62101760009, Lot 9, Block 13, Naples Manor Addition. Res. 99-30 Daniels, Phleany / J Brown / Jennifer Brown, Folio # 22624160003, Lot 5, Avalone Estates, Block 6, Unit 1. Res. 98-145 Daniels, Phleany M., Folio # 22624160003, Lot 5 Avalon Estates Block 6, Unit 1. Res. 2000-409 Daniels, Phleany M. / Jennifer L. Brown, Folio # 22624160003, L~t 5, Avalon Estates, Block 6, Unit 1. Res. 2001-134 Daniels, Phleany M. / Jennifer L. Brown, Folio # 22624160003, Lot 5, Avalon Estates, Block 6, Unit 1. Res. 2001-328 Daniels, Phleany M. / Jennifer L. Brown, Folio # 22624160003, Lot 5, Avalon Estates, Block 6, Unit 1. Res. 2001-461 Golden Florida Resort, Inc., Folio # 68300003286, Lot 64, of Port of the Islands, Phase Two. Res. 2002-192 JAN 2 7 200 EXHIBIT "A" PAGE 2 14. Montclair Fairway Estates Bldg Corp, Folio # 31055005252, Lots 22, Block M, Embassy Woods Golf and Country Club at Brettone Park, Phase One. Res. 2003 -404 15. Muzzonigro, Gary P. & Denise M., Folio # 36444960000, Lot 31, Block 248, Golden Gate, Unit No. 7. Res. 2001-337 16. Perseco Corporation, a Florida Corporation, Folio # 3623212007, All that part of Block 154, Golden Gate City, Unit 5. Res. 2002-135 JAN,. 7 200t, This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 {941) 774-8400 Property Folio No. 36379600008 SATISFACTION OF LIEN KNOW ALL MEN BY TH~SE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BANK OF AMERICA, N.A. PO BOX 26388 RICI~VIOND, VA 232606388 Lien was recorded on the 3~a day of October 2001, in Official Record Book 2901 Page 1783 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Seven Hundred Dollars and No Cents ($700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, BLOCK 214, GOLDEN GATE, UNIT 6, PART 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form andy By: CHAIRMAN .o. //,, e_. / U JAN 2 7 200 , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 23371080008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Jerome Bienenfeld ET UX 3545 Pine Tree Drive Miarm Beach, FL 33140 Lien was recorded on the 30th day of December 1996, in Official Record Book 2266 Page 0164 in the Office of the Clerk of the Circuit Court of Collier County, State of Horida. The Lien secures the pnncipal sum of Two Thousand Five Hundred Twenty Dollars and Forty One Cents ($2,520.41) plus' accrued interest and penalties, if any, and imposes certain obligations against rea] property situated in Collier County Florida. described as follows: LOT #33 OF BAYV1EW PARK Collier Count,,,', a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form an~~ ROBERT ZACH~R V By: CHAIRMAN JAN 2 7 200z This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62570960003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMNIISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H. JAVIER CASTANO & SHERRY L. 8235 WILSHiRE LAKES BLVD NAPLES, FL 34109 Lien was recorded on the 30m day of April 2002, in Official Record Book 3027 Page 2695 in the Office ,of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form RCfBERT' ZAO~R Y By: CHAIRMAN AG~NOA JAN 2 ? 200 , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA was the owner and holder of a certain Lien against: CRAWFORD, HENRY 5430 MARTIN ST NAPLES, FL 34113 Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0736 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.{)0) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier Countv, Florida. descnbed as follows: ' LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier Cou. nty, Florida, to acknowledge that the Lien ceases to exist. LN WITNrESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman. directs execution and recording of this Satisfaction of Lien,'bv action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form and legal suffic~?!germy RO~B ERT'ZACI'(AI~Y By: CHAIRMAN AG~I~OA I TEIll..r.~ JAN 2 7 200 . PG. ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101760009 SATISFACTION OF LIIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CRAWTORD. HENRY 5430 MARTIN ST NAPLES, FL 34113 Lien was recorded on the 21~ day of August 2001, in Official Record Book 2879 Page 0136 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Flodda, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ,ADDITION Collier County, apoliticaI subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that.the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CONLMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form an d.~e,g~J~nc y /C, ROBERT ZACHARY By: CHAmMAN ,0. //_,, d.. / JAN 2 7 200 r PG. This instrument prepared by: Robei-t Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Honda 34112 (941) 774-8400 Property Folio No. 62101760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CRAWFORD, HENRY 5430 MARThN ST NAPLES, FL 34113-7820 Lien was recorded on the 19th day of December 2000, in Official Record Book 2756 Page 0061 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Forty ?ive Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of .2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form and leo~al sufficiency By: This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 62101760009 SATISFACTION OF LIEN ICNOW ALL MIEN BY THESE PRESENTS: That the BOARD OF COUNTY COIVDCIISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Henry Crawford 5430 Nlartin St Naples, FL 34113 Lien was recorded on the 22® day of February 1999, in Official Record Book 2515 Page 0955 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued intel'est and penalties, if any, and imposes certam obligations against real property situated in Collier County, Florida, described as follows: LOT 9. BLOCK 13, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. LN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2004. ATlrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form an~cy ROBERt' Z,~C"t~R Y By: CHAIRMAN AC~NO.~ ITt# , .o. //. e_. JAN 2 7 200 ,/! This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CONEMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Daniels, Phleany / J Brown Brown, Jennifer 220 l0th St. NE Naples, FL 34120 Lien was recorded on the 27d day of June 1998, in Official Record Book 2432 Page 2518 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty' Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALONE ESTATES, BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and herebv cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. AITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form a~cy ~...._._--------~ By: CHAIRMAN JAN 2 7 200{ PG. , /¢,~. . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Honda 34112 (941) 774-8400 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL ~MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M. 220 l0th ST. NE NAPLES, FL 34120 Lien was recorded on the 5th day of December 2000, in Official Record Book 2750 Page 2053 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cenis ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 AVALON ESTATES BLOCK 6, UNIT 1 Collier County, a political subdivision of the State of Flonda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FI,OR[DA Approved as to form and legal sufficiency R z"~ -~ By: CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tam,ami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COLrNTY CONEMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DgaNTELS, PH1.EANY M BROWN. JENNIFER L. PO BOX 90068 NAPLES, FL 34101 Lien was recorded on the 16th day of May 2001, in Official Record Book 2825 Page 1888 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: LOT 5, AVALON ESTATES, BLOCK 6, L~IT 1 Collier County, a political subdivision of the State of Honda. hereby ackno~ ledges receipt of payment in lull satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by' action of the Board this __ day of 2004. ,ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONTRS, COLLIER COUNTY. FLORIDA Approved as to form By: CHAIRMAN JAN 2 7 200 ~G.. /,.l- This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNq'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES. FL 34101 Lien was recorded on the 3~d day of October 2001. in Official Record Book 2901 Page 1773 in the Office of the Clerk of the Circ6it Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.1)0) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALON ESTATES, BLOCK 6, LrNIT I Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. 1'he Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. [tN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ~Y 2 By: CHAIRMAN ~0..~_.~__~ JAN 2 7 2004, PG. /5' This instrument prepared by: Robert Zachary. Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 Property Folio No. 22624160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 Lien was recorded on the 2"a day of January 2002, in Official Record Book 2956 Page.0738 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, AVALON ESTATES. BLOCK 6, b~,,rlT I Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. hN WITNESS WHEREOF, the Board of County Comrmssioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVhM-ISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ROBERT ZA ~WH,aTR y By: CHAIRMAN AG~NOA IT[# I N0./.~.~..~ JAN 2 7 2OO/, PG. //~ _ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68300003286 SATISFACTION OF LIEN ICNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA ,,vas the owner and holder of a certain Lien against: GOLDEN FLORIDA RESORT, INC. 25000 TAMIAMI TR E NAPLES, FL 34114 Lien was recorded on the 14th day of May 2002, in Official Record Book 3036 Page 1496 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum df Two Hundred Fifty' Five Dollars and No Cents 15255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property' situated in Collier County, Florida, described as follows: LOT 64. OF PORT OF THE ISLANDS, PHASE TWO Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form and legal sufficiency ROBERT Z~HARY By':. CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmarm Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 31055005252 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COlX~IISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Montclair Fairway Estates Bldg Corp 800 Harbour Dr #3 Naples, FL 34103-4451 Lien ,,vas recorded on the .~th 1~ day of December 2003, in Official Record Book 3462 Page 1647 in the Office of the Clerk of the Circuit Court of Collier Count:y, State of Florida. The Lien secures the pPennn.~l;iPea~,;~man;f' aTl~t°irnH;{~sder:dceF;fat~n 21~Da~i~2Saa~naidn~:~eCa~nt:~$255.00)plus accrued interest and - ' = = : p perry situated in Collier County. Florida, described as follows: LOTS 22, BLOCK M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETI'ONE PARK, PHASE ONE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien rind hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County,, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Bo~d of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLL~tR COUNTY, FLORIDA Approved as to form By: CHAIRMAN JAN 2 7 200 PG.. /o This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trml Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 36444960000 SATISFACTION OF LIEN KaNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: MUZZONIGRO, GARY P. & DENISE M. 193 TOPANGA DR BONITA SPRiNGS, FL 34135 Lien was recorded on the 3,a day of October 2001, in Official Record Book 2901 Page 1789 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Sixty Dollars and No Cents ($36{).00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follow, s: LOT 3 I. BLOCK 248, GOLDEN GATE, UNIT NO. 7 Collier Count,,,,, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier Count.,,'. Honda, to acknowledge that thc Lien ceases to exist. iN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ___ day of 2004. A'ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form By: CHAI]~MAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamihmi Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36232120007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: PERSECO CORPORATION, a Florida Corporation 1312 Chery St FtMyers FL 33918-0000 Lien was recorded on the 2nd day of April 2002, in Official Record Book 3010 Page 2760 in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the pnncipal sum of Three Hundred Thirty'Five Dollars and No Ce~ts ($335.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property' situated in Collier County. Flor/da, descr/bed as follows: ,ALL THAT PART OF BLOCK 154, GOLDEN GATE CITY, UNIT 5 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. ]'he Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official P, ecords of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien 'by action of the Board this --_ day of 2004. ' ,ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form RdBER-"T ZA~A/RY By: CHAII~.MAN IGIiNO& JAN 2 7 2004 PG. EXECUTIVE SUMMARY APPROVE CONSULTANT SELECTION AND AUTHORIZE STAFF TO BEGIN NEGOTIATIONS FOR WELLFIELD RELIABILITY IMPROVEMENT AND EXPANSION PROGRAM, RFP 04-3593, PROJECTS 70158, 70899, 70900, 71002, 71006, AND 71011 WITH ESTIMATED FEES ON THE ORDER OF $1,000,000 PER YEAR FOR FIVE TO EIGHT YEARS OBJECTIVE: The objective of the Wellfield Reliability Improvement and Expansion Program is to maintain a reliable supply of water and to meet projected demands. This will be accomplished by delegating multiple long-term water supply projects to a single point of responsibility in the form of an Agreement tbr Engineering and Program Management Services pursuant to RFP 04-5393. CONSIDERATIONS: On June 24, 2003, agenda item 10(H), the Board approved funding of a reliability program to avoid potential ;vater supply deficits and/or disruptions to water service. The program included providing additional wells in advance of the need to replace them. The requested fimding was consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25. 2003 as agenda item 10(A). As staff developed a work plan to execute projects identified in the 2002 Water Master Plan Update, it becmne apparent that an increased level of effort would be needed to execute the planned wellfield projects. On July 6, 2003, staff convened a roundtable discussion to explore alternatives to procure the required services. Representatives of the six engineering consultants currently on fixed-term contract with the County for Utility Engineering Services were invited to the roundtable discussion. Staff presented the various County wcllfield projects as follows: Wellfield Reliability Improvements 1. North Lower Haxvthorn Wellfield Extension 2. Infill North Lower Hawthorn Wellfield with New Mid ttawlhom Wells 3. Golden Gate Tamiami Wellfield Extension 4. Saltxvater Reverse Osmosis Feasibility Study Wellfield Expansions 1. Add 12 mgd to South County Regional Water Treatment Plant by 2006 2. Ne~v 10-mgd Northeast Regional Water Treatment Plant by 2009 3. Add 10 mgd to Northeast Regional Water Treatment Plant by 2015 4. New 8-mgd Southeast Regional Water Treatment Plant by 2018 5. Add 12 mgd to Southeast Regional Water Treatment Plant by 2022 Executive Summary Approve Consultant Selection, RFP 04-3593 Page 2 The roundtable participants recognized that many of the projects involved processes that were common to each other. The roundtable participants reached consensus that a single point of responsibility would be best suited to execute all the common elements of the various projects. Staff recommends packaging multiple projects of a similar nature into one consultant contract. A single point of responsibility will allow many of the common elements to be worked simultaneously which will maintain consistency with the involved public and achieve desired results with greater etticiency than if each project were managed separately. Engineering Services to be provided are proposed to include public involvement throughout the alignment study process, exploratory, drilling and testing, assistance with property acquisition, alternatives analyses, design, permitting, bidding, and assistance during construction. Project Management Services to be provided will include advice on procurement options, contract administration, quality assurance, assistance with commissioning and warranty service, assistance with grant applications, assistance 5vith institutional terms, conditions, standards, policies, procedures, processes, and ordinances, and justifying and demonstrating "best value" in all negotiated lees including subconsultants and subcontractors. Request Ibr Proposals RFP 04-3593 was advertised on November 6, 2003. Two proposals were received on December 12, 2003. The selection committee met on January 6, 2004. Based on their review of the written proposals and reference checks, the selection committee's consensus was to shortlist the respondents in the following order: 1. Camp Dresser & McKee 2. WilsonMiller Staff plans to return to the Board to request an award of an agreement upon completion of negotiations with the selected firm. FISCAL IMPACT: Funds are available for this program in the FY04 approved budget. The proposed scope of work is consistent projects budgeted in FY 04 as approved by the Board on September 18, 2003 for the following projects: 70158 - Tamiami Wellfield Replacement (412) · 70899 - NERWTP Wellfield Study (411) · 70900 - SERWTP Wellfield Study (411) · 71002 - Saltwater Feasibility Study (412) · 71006 - NCRWTP RO Wellfield Reliability (412) · 71011 - Mid Hawthorn Wellfield (412) JAN 2 7 200 , PG. ~ , Executive Summary Approve Consultant Selection, RFP 04-3593 Page 3 The scope of RFP 04-3593 is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(A). The source of funds will be a combination of Water Impact Fees (411) and User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve consultant selection and authorize staff to negotiate an agreement with Camp Dresser & McKee related to the Wellfield Reliability Improvements and Expansion Program, RFP 04-3593. SUBMITTED BY: ,,,~.(..5c.~,~,~-.~: Date: Karl W. Boyer, P.E.. Utilities Engi'neerin~ Principal Project Manager REVIEWED Stephen Y. Carnell, Purctgsing Director Date: /"/"~/~! ¢ REVIEWED BY :.~/~m-w-~ ~ ,q~F' Paul Mattauscin, Wat~'Director Date: Roy B.Tnderson, P.E., Utiliti~rlng Director ^pp ov D ,, eLony, P.E.. Public Util~es Administra JAN 2 7 EXECUTIVE SUMMARY APPROVE A SUB-RECIPIENT AGREEMENT BETWEEN COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT AND THE FLORIDA DEPARTMENT OF HEALTH FOR DOMESTIC SECURITY EQUIPMENT OBJECTIVE: That the Board of County Commissioners approve an Agreement with the Florida Department of Health in order to receive a cache of equipment for domestic security. CONSIDERATION: Subsequent to the events of September 11, 2001, the State of Florida, in cooperation with several other State and Federal agencies, developed the State and Local Domestic Security Preparedness Equipment Program Florida Strategy. The purpose of the "Florida Strategy" is to improve the capability and coordination of State, regional, and local agencies of government to respond to terrorist acts. Staff from Collier County Emergency Medical Services Department participated in the Strategy's development. A major consideration identified within the Florida Strategy was the immediate need for standardized equipment throughout the State that can be used to respond to emergencies involving chemical, biological, and radiological agents. Specifically, detection, personal protection, decontamination and communications equipment was prioritized as being needed for many local area emergency medical services agencies. The Florida Department of Health is in the process of purchasing this equipment and preparing to deploy it to specific local emergency medical services departments. The estimated value of the equipment is $250,000 and is being provided at no cost to Collier County. The purpose of the Agreement is to state the terms and conditions for the receipt, use, maintenance, and deployment of the equipment as specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy. FISCAL IMPACT: There is no significant Fiscal Impact associated with this Executive Summary. Minimal ancillary costs can be expected in relation to the routine maintenance of specific equipment. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Staff recommends that the Board of County Comn authorize the Board Chairman to sign the approved Agreement. SUBMITTED BY: Date: ~ ~, [ o "7 Dan Bowmh~ Division Chief, Emergenc~, Medical Services REVIEWED BY: APPROVED BY: ~0~,./-.,'/' ~,-v Date: Jef~a~3~irect(~, Emergency Medical SerVices Jo ~~'~~ ~Ad~::trato~ Agen.da Item NO.Z~ JAN 2 7 2004 3/1/02 AGREEMENT This agreement is entered into by and between the Florida Department of Health with headquarters in Tallahassee, Florida (hereinafter referred to as "Department "), and the Equipment Recipient Collier County EMS Department with headquarters in Naples, Florida (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters caused by terrorist acts; and B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and its local and regional agencies of government to respond to terrorist acts; and C. WHEREAS, the Recipient represents that is fully qualified and eligible to receive these equipments to provide the service identified herein. N(~W, THERFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and continue for the normal operating lifetime or shelf life of said goods and equipment, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. The condition and/or depletion of equipment will be reported annually as required by the Scope of Work, Attachment A of this " Aga~da Item JAN 2 7 2004 3/1/02 Agreement. (4) MODIFICATION OF AGREEMENT. Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department access to such records upon request. The Recipient shall'ensure that audit working papers are made available to the Department upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final JAN 2 ? 2004, 3/1/02 disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope 0f Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, under this Agreement, shall allow access to its records at reasonable times to the Department. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. (e) Any additional terms and conditions pertaining to record keeping and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision as defined in Section 768.28, Florida Statutes, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28, Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed a- ,'~,,,-,~,,* ~'"" I JAN 2 7 3/1/02 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (7) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further procurements or payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time and date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be lim_ited to, misu, se No. ,lAN 2 7 2004 3/1/02 of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (c) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of this Agreement, by the Recipient shall result in termination of Agreement, which will require return of the said goods and equipment to the Department. (d) In addition to any other remedies, the Recipient shall return to the Department any granted equipment or supplies which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (e) This Agreement may be terminated by the written mutual consent of the parties. In addition, the Recipient or the Department has the option to unilaterally terminate this Agreement. Upon termination of the Agreement, either by mutual consent or unilateral action of either party, the Recipient must return all supplies and equipment to the Department within 90 calendar days. (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Ray Runo, as the Department Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at: Raymond Runo Florida Department of Health Division Emergency Medical Operations 4052 Bald Cypress Way Bin A-22 Tallahassee, Florida 32399-1708 Telephone: (850) 245-4444 x2103 (c) The name and address of the Representative of the Recipient responsible for the 2 7 3/1/02 administration of this Agreement is: Jeff Page 3301 E Tamiami Trail Naples, Florida 34112 Telephone: (239) 774-8459 Fax: (239) 774-4454 Email: jeffpage@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in paragraph 8.a. above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement. The lack of accuracy thereof, or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement j[ ----Agenda. Item 3/1/02 shall survive the terms and life of this Agreement as a whole. (d) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal agency; 2. have not, within a five-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (9)(d)2. of this certification; and · 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. (10) AUDIT REQUIREMENTS (a) 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. 1. In the event that the Recipient expends $300,000 or more in Federal awards in aggregate during its fiscal year, the Recipient must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this attachment indicates Federal funds awarded through the department by this agreement. In deten 3/1/02 Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds from the department. 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. 2. 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. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. S 3. Such audits shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the department shall be based on the agreement requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department agreement involved 4. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the department in effect during the audit period. 5. 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 funds (i.e., the cost of such audit must be paid from the Recipient funds obtained from other than :ederal entiti~ ~ - JAN 2 7 200 , ; P~. ~ 3/1/02 (b) Copies of audit reports 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: Raymond Runo Florida Department of Health Division Emergency Medical Operations 4052 Bald Cypress Way Bin A-22 Tallahassee, Florida 32399-1708 Telephone: (850) 245-4444 x2103 (c) 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 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (e) Any reports, management letter, attestations, or other information are required to be submitted within 45 days after delivery of the audit report but no later than 12 months of the Recipient's fiscal year end (or as otherwise allowed by Florida Statutes) for Local Governmental Entities or whichever occurs first. Non-Profit and For-Profit Organizations are required to be submitted within 45 days after delivery of the audit report but no later than 9 months of the Recipient's fiscal year end (or as otherwise allowed by Florida Statues days. Other submissions should be timely in accordance with OMB Circular A-133 or Florida Statutes, as applicable. (f') The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued or until resolution of audit findings or litigation related to the terms and conditions of the aor¢c, ro~nt ~,genda .It~/" JAN 2 7 200 3/1/02 and shall allow the Department of Health or its designee, access to such records upon request. The Recipient shall ensure that audit working papers are made available to the department upon request for a period of five years from the date the audit report is issued, unless extending in writing by the department. (11) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (12) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1: Funding Sources Attachment A: Scope of Work and Equipment List (13) FUNDING/CONSIDERATION This is a goods, equipment and supplies Agreement. The Department will grant to the Recipient certain equipment and supplies, as described in attachment "C" of this agreement, in order to fulfill the purposes of the Florida Strategy. (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) 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 any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any travel exper,-,~- -~,-~ ~--' -. I J/ N 2 7 200 , 3/1/02 submitted in accordance with Section 112.061, Florida Statutes. (d) The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (e) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (15) EQUIPMENT AND PROPERTY MANAGEMENT. The Recipient shall retain ownership and control over the placement, administration and maintenance of all equipment. (16) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreemeht and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (17). RECEIVING AND INSPECTION CONTACT. All goods and equipment provided under this agreement will be shipped IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. 1! JAN 2 7 2(Ig4 ' g. 3/1/02 For the DEPARTMENT Florida DEPARTMENT of Health, Division of Emergency Medical Operations BY: Name: William P. Tynan, M.D., M.P.H. Title: Director For the Recipient: Collier County EMS Department BY: Jeff Page Date: Date: SAMAS # FEID# Attest: DWIGHT E. BROCK,Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ F'iAI~ Chairman /~, proved as to form & legal sufficiency: ' queline W. Hubbard Assistant County Attorney 12 3/1/02 EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: 2002-04 United States Department of Justice, Office of Justice Programs, State Domestic Preparedness Program CFDA: 16.007 Equipment Value: $253,166.60 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: if the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be used to purchase equipment for use in Domestic Preparedness off the Department of Justice Authorized Equipment List. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Chemical, Biological and Radiological Detection Equipment, Personal Protective Equipment, Decontamination Equipment, and Communications Equipment. MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. JAN 2 7 13 pg. /_~"~ 3/1/02 ATTACHMENT A SCOPE OF WORK If applicable to the Recipient, this agreement is entered into as an addendum to current statewide mutual aid agreements and is for the purpose of receiving specialized equipment and participation as a State of Florida Regional Response Asset. The Recipient shall maintain ownership (limited by Paragraph 4 below) of said goods and equipment, in a satisfactory operational condition, provided to it under this agreement (see Equipment List below) for the normal expected operating lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, calibration, etc. The Recipient is not responsible for replacing goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life. The Recipient shall replace and potentially be reimbursed through local, state, or federal reimbursement processes or agreements for, all goods and supplies expended for emergency response, training, or exercises conducted in accordance with the Florida Comprehensive Emergency Management Plan. The Recipient will be given preference with respect to access to additional funding that may allow for equipment maintenance, replacement or repair, as well as training and exercises. At this time the parameters to any additional monies have not been defined. Recipient will be notified if additional monies become available. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are for the purposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to as the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient specifically agrees to: 1. Upon notification by the Department, the Recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy," ensure that each agency with which the equipment is placed responds to any and all incidents within its regional response area with all available and eligible equipment and resources which it needs and is reasonably required for the response, for so long as this Agreement remains in effect. Prior to requesting a response, the Department will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The equipment is to be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency within two (2) hours of a request for said deployment. During the term of this agreement, the Recipient shall ensure that each agency with which the equipment is placed shall participate in not less than three (3) regional training events per year, and in not less than one (1) regional exercise or terrorist event simulation per year as directed by the Department. The Recipient shall notify the Department one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy. The Recipient shall notify the Department when the equipment has been expended. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of t_he .o 14 . JAN 2 7 2 7 200~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $28,048 TO UPGRADE MATERIALS USED IN THE RE-ROOFING OF EAST NAPLES COMMUNITY CENTER Objective: To improve the aesthetic quality and lifespan of the roof of the East Naples Community Center. Considerations: The Facilities Management Department is 're-roofing the existing community center at East Naples Community Park. The cost to re-roof the existing building in the shingle materials currently employed is $35,437. Concurrently the Parks and Recreation Department is designing an addition to the community center. The architect designing the addition is strongly recommending the use of metal roofing material, which he will employ on the addition. Parks and Recreation would like to upgrade the existing roofing material to metal for consistency in the look of the building and also to increase the life of the roof (to approximately 25 years from the approximately 15 years that is the lifespan of a shingle roof). The cost differential to upgrade the roofing material is $28,048. Fiscal Impact: A budget amendment is required to decrease Parks Capital Improvement (306) Reserves by $28,048 and transfer to the re-roofing project (52161) within Countywide Facilities Management CIP (301). Source of funds is Ad Valorem. Growth Management Impact: The value of the facility is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves the above- referenced budget amendment. Submitted by: Reviewed by: Approved by: Date: Amanda O. Townsend, Operations Coordinator and_Recre~n Department ~ ~~' Date: O. Ran~s~y, Oi~to~ P~s and Recreation L~?ent John]Dunnuck, Administrator Divi§ion of Public Services Agerld~. I..~m..--)- r "o. w/_.o d--,, JAN 2 7 200t, F'cJ. [ _ EXECUTIVE SUMMARY APPROVE THE AWARD OF BID NO. 04-3596 TO GULFSHORE PHARMACY FOR THE HUMAN SERVICES DEPARTMENT/SOCIAL SERVICES MEDICATION ASSISTANCE PROGRAM OBJECTIVE: To provide pharmaceutical services to qualified indigent clients. CONSIDERATION: For the past 53 years, the Collier County Human Services Department has provided assistance to the County's poor and needy as stated in Florida Statute 125.01. There ~vere 8,687 clients assisted with prescription medications in FY 03. Clients must meet strict eligibility requirements before assistance is provided. Most clients are frail elderly on a fixed income or are chronically ill with limited or no income. Bids were publicly posted on November 19, 2003 along with (17) notices sent to prospective bidders, (.8) of whom responded requesting bid packages, xvith (3) actual bids submitted. The opening date for bids was December 10, 2003. As evidenced by the attached Bid Tabulation Sheet, Gulfshore Pharmacy was the lowest bidder and all required specifications were satisfied including hours of operation, available inventory, and required multiple locations. FISCAL IMPACT: The Human Services Department has $550,000 budgeted in the General Fund in FY 04 to purchase prescription medicine for this program. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this recommendation. RECOMMENDATION: That the Board of County Commissioners approve the award of Bid No. 04-3596 for the Human Services/Social Services Prescription Drug Program to Gulfshore Pharmacy. SUBMITTED BY: Cand~ce Franco, Human Ser,,~ces Case Manage'n~ent ~;uperv[sor ~qo._/.~ JAN 2 7 200/, ! REVIEWED BY: REVIEWED BY: APPROVED BY: -~arry W/lli~ams, Human Services, Director St~r~~asing, D'~ Date: J:~;o~ Jo~unnu~ Public Ser:c~s, Administrator --{ uJ 2c. 7 200~, ~ Z Agenda. Po. 2~ EXECUTIVE SUMMARY APPROVE THE OLDER AMERICANS ACT CONTINUATION GRANT IN THE AMOUNT OF $869,125 AND AUTHORIZE THE CItAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA. OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 29 years through the Older Americans Act program. This continuation grant for the period January 1, 2004 through December 31, 2004 will allow the delivery of homemaking services, medical and meal transportation, congregate and home delivered meals, and nutrition education to the County's trail elderly, preventing premature and costly institutional placement. The majority of these clients xvould be unable to remain in their homes ~vithout this help. GROWTH MANAGEMENT: There is no grox;th management impact from this recommendation. FISCAL IMPACT: The total grant amount of $869,125 is funded from the State of Florida grants and aids appropriation administered by Senior Solutions of Southwest Florida, an Area Agency on Aging. Of the total grant award, $300,183 will require budget amendments to recognize the direct funding portion of the County for administration, transportation, and case management. The remaining $568,942 will be retained by Senior Solutions who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local matching funds was approved in the FY 04 budget as a contribution from the General Fund (001) to Services tbr Seniors (123) RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Older Americans Act grant and authorize the Chairn~an to sign the contract and approve the necessary budget amendments. The contract has been reviewed and approved by the County Attorney's Office. Prepared by [-//~ Date: ~/~,~r)~i Dan-iels, Grants Supervisor, Human Services Reviewed and Approved by: B~l~y Wfll~Liams, Director, ltumau Services Reviewed and ApproVed by: Joh~[~Duhnuck, Public Services Administrator 1/01/04 Agreement Number OAA 203.04 STANDARD AWARD AGREEMENT AREA AGENCY ON AGING Collier County Board of County Commissioners THIS AGREEMENT is entered into between Area Agency on Aging for Southwest Florrida, Inc. d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "Agency", and Collier County Board of County Commissioners, hereinafter referred to as the "Recipient". This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the recipient, Agreement No. HM003, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: Ae Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. Final Request for Payment: The recipient must submit the final request for payment to the Agency no more than 45 days after the agreement ends or is terminated. Any payment due under the terms of this agreement may be withheld until all reports due fi.om the Recipient, and necessary adjustments thereto, have been approved by the Agency. II. The Agency Agrees: Ae A~reement Amount: To pay for services according to the conditions of Attachment I_k in an amount not to exceed $ 869~125.00, subject to the availability of funds. Be Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. Ce Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the Recipient pursuant to this agreement are in the state grants and aids appropriations. 1/01/04 Agreement Number OAA 203.04 Program Title Year Funding Source CFDA# Fund Amounts Older Americans 2004 U.S. Dept. Of Health and 93.044-045 Act Human Services and 93.052 Title IIIB Support Services 2004 U.S. Dept. Of Health and 93.044 Human Services Lead Agency Operations $ 54,870.00 Spending Authority $ 310,931.00 Title 1II C1 Congregate Meals 2004 U.S. Dept. Of Health and 93.045 Human Services Lead Agency Operations $ 31,459.00 Spending Authority $ 178,267.00 Title III C2 Home Delivered 2004 U.S. Dept. Of Health and 93.045 Meals Human Services Lead Agency Operations $ 32,602.00 . Spending Authority $ 184,743.00 Title IlI E Services 2004 U.S. Dept. Of Health and 93.052 Human Services Lead Agency Operations $ 11,438.00 Spending Authority $ 64,814.00 TOTAL FUNDS CONTAINED IN THIS AGREEMENT: $ 869,125.00 The Legal Service allocation for Collier County is $ 21~578.00. PSA I & R is $37~317.00. These Allocations are included in the Title III-B spending authority allocations shown above. III. Recipient and Agency Mutually Agree: Ae Effective Date: 1. This agreement shall begin on January 1, 2004 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on December 31, 2004. Be Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this agreement shall follow the same procedures as outlined in Section LII.B. and Section III.C. of the Master Agreement. Agenda.I t~m JAN 2 7 20 ( pg. ~ ~ 1/01/04 C. De Agreement Number OAA 203.04 Recipient Responsibility: Notwithstanding the pass through language contained in Section I.S. 1. of the Master Agreement, the Recipient maintains responsibility for the performance of all subrecipients in accordance with all applicable federal and state laws (Code of Federal Regulations (CFR) Title 45, Chapter XIII, Part 1321). Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the Agency for this agreement is: Leigh E. Wade, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 239-332-4233 / SC 748/6947 2. The name, address, and telephone number of the representative of the Recipient responsible for administration of the program under this contact is: Barry Williams Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8443 Fax (239) 774-3430 o In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (Recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Agend.a I,t~m JAN 2 7 1/01/04 Agreement Number OAA 203.04 h-N WITNESS THEREOF, the parties hereto have caused this 15 page agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier County. Board of Countw Commissioners BOARD PRESDENT OR AUTHORIZED DESIGNEE AREA AGENCY ON AGING' SOUTHWEST FLORIDA, INC. d/b/a SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED BY: SIGNED BY: NA~[E: Donna Fiala NAME: Christopher Likens TITLE: Chairman TITLE: Board President DATE: December 31, 2003 FEDERAL D NUIvlBER: Recipient FISCAL YEAR END DATE: DATE: December 31, 2003 /~..~tant?g~nt, it/lttorne~' 4 '{ Agenda I't enl, -- JAN 2 7 20O/., Pgo ~ 1/01/04 Agreement Number OAA 203.04 ATTACHMENT I OLDER AMERICANS ACT PROGRAM I. STATEMENT OF PURPOSE The Older Americans Act (OAA) Program is a federal program that provides assistance to older persons and caregivers. II. SERVICES TO BE PROVIDED A. Services: The Agency's area plan for the calendar year 2004, and any revisions thereto approved by the Agency and located in the grant manager's file, are incorporated by reference in this agreement between the Agency and the Recipient, and prescribe the services to be rendered by the Recipient and prescribe the manner in which the Recipient will meet the requirements of the Older Americans Act as amended in 2000. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service, recipient's application for calendar year 2004, the Department of Elder Affairs Home and Community-Based Services Handbook dated 1/03, the Department of Elder Affairs National Family Caregiver Support Program Guidelines, and the Department of Health and Human Services, Office of Assistant Secretary, Administration on Aging, Program Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the agreement and the grant manager will send a copy to the recipient's contact person. The Recipient agrees to perform the services of this agreement in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act fi~nds. III. METHOD OF PAYMENT The method of payment in this agreement includes fixed rates for all services. The recipient must ensure all costs and fixed amounts include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. All sub-awards (agreements between the recipient and its sub-contractors who have been deemed by the recipient to be sub-recipients) are subject to those Federal cost principles applicable to the particular organization concerned [Office of Management and Budget LpAgenda It.e~ '" JAN 2 7 200t 1/01/04 Agreement Number OAA 203.04 (OMB) Circulars A-87, A-21, A-122, 45 CFR part 74, and 48 CFR part 31]. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller or the Agency upon request. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period, based on immediate anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the agency, and maintained in the grant manager's file. For-profit organizations cannot receive advance funds. All payment requests for the third through the twelfth months shall be based on the submission of monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of invoices is ATTACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed by the time the final payment is made. All payments are subject to the availability of funds. A final receipt and expenditure report (closeout report) will be forwarded to the agency within sixty (60) days after the agreement ends or is terminated. All monies which have been paid to the recipient and not used to retire outstanding obligations of the agreement being closed out must be refunded to the agency along with the final receipt and expenditure report. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. The recipient agrees to implement the services and rates as detailed in the approved area plan and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the amounts identified on the Budget Summary form require an agreement amendment. G. Financial Reports: The recipient agrees to provide an accurate, complete and current disclosure of the financial results of this agreement as follows: 1. To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACHMENT I. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the grant manager on the date established by the agency. The agency will obtain the remaining Report sections from the Consumer Information, Registration and Tracking System (CIRTS). 6 Agenda. It~ 1/01/04 Agreement Number OAA 203.04 IV. SPECIAL PROVISIONS A. Consumer Contributions and Co-payments for Services 1. The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. Subrecipients may charge co-payments to those persons able to pay part or all of the cost of services only for services not paid for with Older Americans Act funds. 2. Voluntary contributions are not to be used for cost sharing or matching (see Title 45, Chapter xm, Part 1321.67, CFR). 3. Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement (see Title 45, Chapter XIII, Part 1321.67, CFR). 4. Voluntary contributions and related interest earned are program income and must be used to expand services. B. Match The agency will assure, through a provision in their recipient agreement, a match requirement of at least 10 percent of the cost for all services funded through this agreement. The recipient's match will be made in the form of cash and/or in-kind resources. At the end of the agreement period, all Older Americans Act funds must be properly matched. C. Title III Funds The recipient assures compliance with Section 306 of the Older Americans Act Amendments as amended in 2000, that funds received under Title HI will not be used to pay any part of a cost (including an administrative cost) incurred by the recipient to carry out an agreement or commercial relationship that is not carried out to implement Title III. D. Prioritization for Service Delivery The recipient shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. 7 1/01/04 Agreement Number OAA 203.04 E. Information and Referral The recipient shall ensure, through training and periodic monitoring, all Information and Referral/Assistance programs operating in their Planning and Service Area adhere to the Standards for Professional Information & Referral, ATTACItMENT IV, to this Agreement. The basis of these department standards are the standards published by the Alliance of Information & Referral Systems (AIRS), copyright 2000, and amended by the department to meet the unique needs of the Elder Helpline system. F. Service Cost Reports: The recipient will require subrecipients to submit seim-annual service cost reports which reflect actual costs of providing each service by program. This report provides Information for planning and negotiating unit rates. H. Caregiver Forums The recipient will support a Statewide Caregiver Forum coordinated by the Department by sponsoring the attendance of a minimum often caregivers and contributing $1,000.00 toward the expense of speakers and miscellaneous training expenses using agreement fimds. Sponsorship of caregivers includes providing funds for all expenses related to caregivers attending this event; to include registration, travel, and local respite services. Recipients are also encouraged to conduct local caregiver forums utilizing Title III-E funds. Caregiver Forums are defined in the Department of Elder Affairs Title III-E National Family Caregiver Support Guidelines. 8 JAN 2 7 200/, 1/01/04 Agreement Number OAA 203.04 Report Number 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: Note # 1: Note # 2: OLDER AMERICANS ACT PROGRAM AGREEMENT REPORT CALENDAR ADVANCE BASIS AGREEMENT Based On Submit to Agency On This Date January Advance* February Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report/Jan. Adv. Recon.** December Expenditure Report/Feb. Adv. Recon.** Final Expenditure and Request for Payment Report Closeout Report January 1 February 1 February 10 March 10 April 10 May 10 June 10 July 10 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 1 Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Department, payment is to accompany the report. Report #1 for Advance Basis Agreements cannot be submitted to the State Comptroller prior to January 1 or until the agreement with the Department has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures shall reflect an adjustment repaying advances for the first two months of the agreement, if advances have not been recouped. ]" Aoenc[~ Item __ JAN 2 7 200~, _ 1/01/04 Agreement Number OAA 203.04 ATTACHMENT III OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY Collier Coun~ Board of County Commissioners Services Total Cost Reimbursement Rate COLLIER COUNTY Case Aide $21.00 $18.90 Case Management $35.94 $32.35 Screening & Assessment $27.82 $25.04 Transportation - Group $11.04 $9.94 10 Agen d~. ~i ~.~'~ JAN 2 7 ZOOt, 1/01/04 Agreement Number OAA 203.04 ATTACHMENT IV OLDER AMERICANS ACT PROGRAM SUMMARY OF STANDARDS FOR PROFESSIONAL INFORMATION & REFERRAL I. SERVICE DELIVERY Standard 1: Information Provision The recipient's Information and Referral (I & R) service shall provide accurate information to an inquirer in response to a direct request for such information. Information can range from a limited response (such as organization's name, telephone number, and address) to detailed data about community service systems (such as explaining how a group intake system works for a particular agency), agency policies, and procedures for application. Every call, including information only calls, shall be documented. Documentation shall include the type of information requested and the action taken. The I & R Specialist shall encourage inquirers to call back if the information proves incorrect, inappropriate, or insufficient to link them with needed service(s). Standard 2: Referral Provision The I & R service shall provide information and referral services in which the inquirer has one-to-one contact with an I & R specialist. The referral process consists of assessing the needs of the inquirer, identifying appropriate resources, assessing appropriate response modes, indicating organizations capable of meeting those needs, providing enough information about each organization to help inquirers make an informed choice, helping inquirers for whom services are unavailable by locating alternative resources, and actively participating in linking the inquirer to needed services. Follow-up is required for each referral. The referral cannot be counted until follow-up is complete. The I & R Service shall provide the ability to access its services for individuals and groups who have special needs (i.e. TDD/TTY access for people with hearing impairments, and language access for inquirers who speak languages other than English.) The I & R service shall utilize technology that improves access to service and enhances its ability to serve inquirers efficiently and effectively while preserving the level and quality of its core services. Technology includes telephone systems, I & R software packages, and searchable I & R databases on the Internet. 11 1/01/04 Agreement Number OAA 203.04 Standard 3: Advocacy/Intervention The I & R service shall offer advocacy to ensure that people receive the benefits and services to which they are entitled and that organizations within the established service delivery system meet the collective needs of the community. For purposes of these standards, advocacy does not include any actions specifically prohibited by federal cost principles. All advocacy efforts shall be consistent with policies established by the governing body of the I & R service and shall proceed only with the permission of the inquirer. The I & R service shall intervene on behalf of individuals to help them establish eligibility for or obtain needed services when they have been denied benefits or services to which they are entitled, or when they need assistance to communicate their needs to a service provider. Standard 4: Follow-Up Follow-up on referrals must be completed within 10 calendar days either by telephone or visit to the inquirer and/or the organization, to determine that services are being provided and that the elder or caregiver is satisfied with the services as provided unless a crisis situation suggest more immediate follow-up. If the inquirer has not received services or the need has not been met, the I & R service shall determine whether there is still a need and make additional appropriate referrals. The I & R service shall also document the follow-up results (that service was not received) for future reference. II. RESOURCE DATABASE Standard 5: Inclusion/Exclusion Criteria The I & R service shall have a written policy that describes inclusion/exclusion criteria for entities to be included into the resource database. The inclusion/exclusion criteria shall be reviewed on a regular basis to ensure that they continue to meet the changing needs of the community. These criteria shall be uniformly applied and published so that staff and the public will be aware of the scope and limitations for acceptance into the database. If the I & R service charges a fee for the inclusion of organizations in its database, that practice shall be published as a part of its inclusion/exclusion criteria. 12 Agenda_ Item '" JAN '2'7 zool 1/01/04 Agreement Number OAA 203.04 Standard 6: Data Elements A standardized profile shall be developed for each county's organization within the planning and service area. The database shall include: Providers legal name, common name and acronym Address (mailing and physical location) Telephone number(s) Hours and days of operation Legal Status (non profit, government, for-profit, unincorporated group) Description of services Method (Source) of Payment (Medicaid, Medicare, private insurance) Date the information was last verified Standard 7: Indexing the Resource Database/Search Methods Information in the resource database shall be indexed and accessible in ways that support the I & R process. Standard 8: Classification System {Taxonomy) The I & R service shall use the AIRS/INFO LINE Taxonomy of Human Service classification system. Standard 9: Database Maintenance The resource database shall be updated through continuous revision or at intervals sufficiently frequent to ensure accuracy of information and comprehensiveness of its contents. The resource database shall be updated at least annually and records in the database shatl include the date of the last update. III. REPORTS AND MEASURE Standard 10: Inquirer Data Collection The I & R service shall establish and use a system for collecting and organizing inquirer data which facilitates appropriate referrals and provides a basis for describing requests for service, identifying service gaps and overlaps, assisting with needs assessments, supporting the development of products, identifying issues for staff training and facilitating the development of the resource information system. Inquirer data includes information gathered during follow-up as well as that acquired during the original contact. The I & R service shall have in place appropriate security precautions which protect and keep confidential data collection forms and inquirer information. ~ Agenda. Item 13 J No. ~(~t¢ ~ i JAN 2 7 200/, 1/01/04 Agreement Number OAA 203.04 Standard 11: Data Analysis and Reporting The I & R service shall develop reports using inquirer data and/or data from the resource database to support community planning activities (or planning at other levels), internal analysis and advocacy. Beginning January 2004, the I & R service shall submit quarterly reports to the Department of Elder Affairs. Reports shall provide total number of incoming calls, type of service requested, referrals (clients served), unmet needs, and gaps in services. IV. COOPERATIVE RELATIONSHIPS Standard 12: Cooperative Relationships within the Local I & R System In communities which have a multiplicity of comprehensive and specialized I & R providers, the I & R service shall develop cooperative working relationships to build a coordinated I & R system which ensures broad access to information and referral services, maximizes the utilization of existing I & R resources, avoids duplication of effort and encourages seamless access to community resource information. I & R services within the system may choose to be "full service" programs performing all necessary I & R functions within their designated service area; or may prefer to partner with one or more I & R services to share those functions (e.g., one I & R service might build and maintain the resource database and another might assume responsibility for service delivery). Standard 13: Cooperative relationships within the Local Service Delivery System The I & R service shall strive to develop cooperative working relationships with local service providers to build an integrated service delivery system which ensures broad access to community services, maximizes the utilization of existing resources, avoids duplication of effort and gaps in services, and facilitates the ability of people who need services to easily find the most appropriate provider. Standard 14: Cooperative Relationships Among Local~ State or Provincial~ Regional~ National~ and International I & R Providers Comprehensive and specialized I & R services at all geographic levels (local, state/provincial, regional, national and international) shall strive to develop formal and informal working relationships with the objective of broadening the availability of information and referral to all inquirers, facilitating access to appropriate resources regardless of their origin and/or location, avoiding duplication of effort and funding, expanding the effectiveness of social analysis with more global information about needs and services, and augmenting the impact of advocacy efforts through coordination, where possible. 14 ~_~ 1/01/04 Agreement Number OAA 203.04 Ve Standard 15: Participation in State or Provincial~ Regional~ Nationai~ and International I & R Associations The I & R service shall strive to strengthen state, regional, and national I& R associations by participating in activities. ORGANIZATIONAL REQUIREMENTS Standard 16: Governance The auspices under which the I & R service operates shall ensure the achievement of I & R goals and meet the standards set forth by the Department of Elder Affairs. Standard 17: Personnel Administration The I & R service shall provide a framework and mechanisms for program and personnel management and administration that guarantee the continuity and consistency required for effective service delivery. Standard 18: Staff Training The I & R service shall have a written training policy and make training available to paid and volunteer staff. Standard 19: Promotion and Outreach The I & R service shall establish and maintain a program which increases public awareness ofI & R services, their objectives, and their value to the community. At least two outreach projects targeting low-income minority and rural elders must be completed annually. 15 Agenda Itej~ JAN 2 7 Pg' //~ _ EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE VANDERBILT BEACH PARKING GARAGE, RFP # 04-3582. OBJECTIVE: To have the Board approve the short list of Architectural Finns to provide professional services for the design of the Vanderbilt Beach Parking Garage. CONSIDERATIONS: On December 2, 2003, the County published a Request for Proposal (RFP) to provide architectural services for the design of the Vanderbilt Beach Parking Garage. Notices were sent to 64 firms and 29 finns requested the full RFP package. A selection committee comprised of representatives from Facilities Management, Purchasing and Parks and Recreation reviewed the two proposals that were received by the due date of December 5, 2003 and by consensus short-listed the following finns: 1. Walker Parking Consultants 2. Harry D. Keagler, Architect Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Walker Parking Consultants and if necessary, to negotiate xvith the second choice. FISCAL IMPACT: The Project design is being funded by the Tourist Development Fund (Fund 195). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the short list and authorize staff to negotiate a contract with the top ranked Architectural Finn as addressed in this summary. /--tac~k Crognale, ~onstruction Manager ////Department of Facilities Management ( SkI~C~'~, ~l~,~D~[t~r Department of Facilities Management DATE: DATE: Stephen Y. Camell, Director Purchasing Department DATE: REVIEWED BY: (' f'~~~'-~,~+ ~/y ' Cmr'~olden price-, Adm~.i'gtrator Administrative Services Division DATE: AGENDA ITEM JAN 2 7 2004 / EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, DURING THE 2004 CALENDAR YEAR, TO EXECUTE AGREEMENTS, DEEDS AND OTHER DOCUMENTS REQUIRED FOR THE SALE OF GAC LAND TRUST PROPERTY. OBJECTIVE: Board of County Commissioners' (Board) approval and execution of the attached Resolution authorizing the Board's Chairman, during the 2004 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and other documents required for the sale of property in Golden Gate Estates, commonly know as the GAC Land Trust Property (Trust Lands), conveyed to Collier County by Avatar Properties Inc. CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc., and Board entered into an Agreement whereby Avatar would convey, in phases, to the County, at no cost, 1061.5 acres of property (Trust Lands) in Golden Gate Estates. These conveyances of Trust Lands came with the stipulation that the property itself and money derived from the sale thereof would be used by Collier County for purposes directly beneficial to the residences of Golden Gate Estates. Real Estate Services is responsible for marketing and closing Trust Land sales. Prior to 1989, transactions were submitted to the Board individually for approval. However, to expedite closings, Boards have since, on an annual basis, given the then current Chairman the authority to execute Real Estate Sales Agreements, Statutory Deeds, and other required closing documents on behalf of the Board without each transaction being presented to the Board for approval. All documents required for a sale will be reviewed and approved by the County Attorney's Office prior to submittal to the Board's Chairman for execution. The attached Resolution has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT:. All proceeds from property sales are deposited in the GAC Trust - Land Sales (605). GROWTH MANAGEMENT IMPACT: There is no impact to Collier County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners (1) approve and accept the attached Resolution; (2) authorize its Chairman to execute the Resolution on the Board's behalf; and (3) authorize its Chairman, during the 2004 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and such other documents required for the sale of Trust Lands. Toni A. Mott, Supe~viso? .... ~ Real Estate Services - Facilities Management Department EXECUTIVE SUMMARY Sale of GAC Land Trust Property Page 2 REVIEWED BY: k~ ~ DATE: Charles E. Carrington, Jr., VA, Manager Real Estate Services - Facilities Management Department REVIEWED BY: APPROVED BY: SlalOM, Director' Facilities Management Department Len Goide~i Price, Administrator Administrative Services Division DATE: DATE: JAN 2 7 20Or, ~ RESOLUTION 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ALrlTIORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY TI-{E CHAIRMAN OF THE BOARD FOR THE 2004 CALENDAR YEAR. WHEREAS, Collier County, Horida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and 1El on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County comnmssioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of staff and legal counsel review of such documents; and WHEREAS, the Board of county comrmssioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COL~q'Y COMMISSIONqERS, COLLIER COUNTY, FLORIDA, that The Board of County Comrmssioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's achninistration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facility Management Department, the Finance Department and the County Attorney. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2004 calendar year. This Resolution adopted this __ and majority vote. ATYEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk day of 2004, after motion, second BOARD OF COUNTY COMMISSIONERS COLLiER COUNTY, FLORIDA BY: · ',,",Commissioner Donna Fiala, Chairman Approved as to form 'amd legal sufficiency: I~eTdi FT'A~'hton' ~ Assistantl County Attorney EXECUTIVE SUMMARY AWARD OF CONTRACT #03-3548 TO JONES EDMUNDS AND ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR DEVELOPING A LAND AND LAND RIGHTS GIS DATABASE IN THE ESTIMATED INITIAL CONTRACT AMOUNT OF $205,224.00. OBJECTIVE: To award Contract #03-3548 for consultant services fbr developing a land and land rights GIS database in the estimated initial contract amount of $205,224.00. To receive Board approval to enter into a contract with Jones Edmunds and Associates, Inc. to create an accurate and comprehensive Land and Land Rights data layer that is compatible with the county's geographic infbrmation system (GIS) and can be linked to the County's document imaging system for planning purposes among several divisions, namely Community Development (CDES), Public Utilities, Transportation, and Real Estate Services. CONSIDERATIONS: On September 24, 2003, the Board approved Agenda Item No. (16) (E) (5), authorizing the staff to begin contract negotiations with the top ranked firm, Jones Edmunds and Associates, Inc. Staff has successfully completed contract negotiations to the amount of 5205,224.00 with optional tasks in the amount of $511,270 Funds for the required tasks of this project are available in Fund 301, 121153-500142, which is the agency's capital GIS project fund. The required tasks are to automate the deeds and easements in the county's Real Estate Services Division, The Florida Department of Transportation and the South Florida Water Management District and create a usable GIS layer from this data. Should the CDES, Public Utilities, Transportation, and Real Estate Services departments agree to provide additional funding, Jones Edmunds and Associates, Inc. will perform the optional tasks of automating the county's Subdivision Plat Easements, performing title searches based on the Murphy Act and automating the results, and scanning all automated documents. There is currently no funding for these optional tasks. FISCAL IMPACT: Funds in the amount of $225,000.00 are available in the capital GIS project fund. Funds tbr the optional tasks will require budget adjustments into this fund from other general funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact Associated with this Executive Summary RECOMMENDATION: Recommendation that the Board of County Commissioners award a professional services agreement to Jones Edmunds and Associates, Inc. and authorize the Chairman of the Board to sign the standard County Attorne_y approved contract. I N°'AOEN/0~IT~M~ 'I~JAN 2 1/ 2004-' - PREPARED BY: Sr. GIS Programmer/Analyst Project Manager Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~ ~('~i_bJ).~ ,<.~ Date: Bert Miller GIS Manager ~~~y. ~ ,rn~eli~- ~-~'///'~'/ Date Director of Purchasing Director of InIbnnation Technology Date: EXECUTIVE SUMMA RY APPROVE RESOLUTION PROVIDING FOR THE ACCEPTANCE OF CONVEYANCES MADE BY DEVELOPERS IN COMPLIANCE WITH DEVELOPMENT COMMITMENT REQUIREMENTS AND ORDINANCES. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached Resolution accepting conveyances made in compliance with development commitment requirements and authorize its Chairman to execute related documents on behalf of the Board during the 2004 calendar year. CONSIDERATIONS: During the calendar year, various interests in real property must be cbnveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances in fulfillment of obligations between Collier County and any legal entity. The formal acceptance of these conveyances is important in establishing infrastructure and the public's right to utilization thereof. These type of conveyances are numerous and this Resolution will reduce staff time and paperwork by eliminating the necessity of preparing an Executive Summary and Resolution for the formal acceptance of each such conveyance. The attached Resolution authorizes the Chairman to accept and execute on behalf of the Board any real property interest conveyed to either Collier County, the Board of County Commissioners, as the governing body of Collier County, Florida, or "as ex-officio" the Governing Board of the Collier County Water-Sewer District, pursuant to any development commitment requirement or pursuant to any County ordinance. The attached Resolution has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There will be no fiscal impact on the planned budget as a result of this request. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's long- range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution. EXECUTIVE SUBIMARY Development Commitment Resolution Page 2 Ton~. I~{ot~, Su~}ervisor Real Estate Services - Facilities Management Department DATE: REVIEWED BY: · DATE: Charles E. Carrington, Jr., f~tWA, Manager Real Estate Services - Facilities Management Department REVIEWED BY: '~~'~'~~ ~kilfiC'~m~, (~FNi, Di;e[t0r' Facilities Management Department DATE: APPROVED BY: Len Gold/~a Price, Administrator Administrative Services Division DATE: JAN 2 ? 2004 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO COLI JER COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA, AND ALL CONVEYANCES MADE TO THE COIJJER COUNTY WATER-SEWER DISTRICT, WHICH ARE HERE~ MADE IN COMPLIANCE WITH THE DEVELOPMENT COMMITMENT REQUI]>,EMENTS OF .~4Y AND ALL ORDINP~,ICES AND AGREEN[ENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Govermng Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier County ordinances, in fulfillment of obligations which may now or in the future be contained in agreements between Collier County and any legal entity, and as an integral part of capital improvement projects; and WHEREAS, the formal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and the public right to utilize rights-of-way becomes documented through such acceptance; and WHEREAS, the growth of the County necessitates an increasing number of such conveyances year after year; and WHEREAS, the number of conveyances has caused County staff to bnng an increasing number of separate "acceptances" before the Board of County Commissioners via Executive Summary and Resolution; and WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and paperwork which is generated by the formalized acceptance process. NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of County Cornrmssioners as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity as a development comrmtment requirement pursuant to any County ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable function during Page 1 2____ ,1 the completion of a capital project which has been approved by the Board of County Commissioners, are hereby accepted. AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby authorized to affix to any such conveyance instrument, prior to recording in the Public Records of Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The Property Acquisition & Construction Management Manager, or his/her designee, shall provide written notification to the Clerk of Court that the conveyance was required by the Board of County Commissioners in fulfillment of an obligation on behalf of the conveying entity or to complete project as approved. AND IT IS FURTHER RESOLVED that the calendar year 2004 Chairman of the Board of County Comrmssioners, or any subsequent Chairman, is hereby authorized to execute all documents pertinent to the acceptance of any such conveyance or the cleating of the lien of any encumbrances from any such conveyance. AND 1T IS FU"RTHER RESOLVED Ihat the staff is authorized to follow proper real estate closing procedures and record all such documents in the Public Records of Collier County, Florida. THIS RESOLLTION .ADOPTED on this majority vote. ATTEST: DWIGHT E. BROCK. CLERK · Deputy Clerk da~'of · 2004 after motion, second and By: BO,~RD OF COUNTY COMMISSIONERS OF COI.I .IER COUNTY. FLORIDA · Commissioner Donna Fiala, Chmrman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Page 2 ' AGENDA EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE COMMISSION CHAIRMAN TO EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2004 CALENDAR YEAR. OBJECTIVE: Obtain Board of County Commission (Board) approval and execution of the attached Resolution authorizing the Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery (Cemetery) during the 2004 calendar year. CONSIDERATION: The need existed in Collier County for cemetery space for interment of deceased indigents so in December 1964, 20 acres, on Little League Road in Immokalee, were purchased for this purpose. The property was platted as a cemetery in 1967 with 17,850 (984 infant and 16,866 adult) burial plots. The Cemetery was used solely for indigent burials until opened to the public in 1982. The Board formally adopted a Cemetery operations' policy in July 1982 under Resolution 82-105. The policy was revised on September 22, 1987, again on May 1, 1990, and again on September 9, 2003, under Resolutions 87-224, 90-242, and 03-290, respectively. According to the policy, the Real Estate Services section of The Facilities Management Department, under the auspices of the Administrative Services Administrator, is responsible for the daily administration of the Cemetery, which includes preparing and processing Deed Certificates for the sale of burial plots to the public. Deed Certificates require execution by the Board Chairman and prior to 1992 sales transactions were presented to the Board for approval on an individual basis. These sales are numerous, so in order to expedite the acquisition process and relieve the Commissioners of having to review format documents, the Board has since, on an annual basis, granted the then current Chairman the authority to execute Deed Certificates on the Board's behalf without further approval required. Deed Certificates are approved by the County Attorney's Office prior to being transmitted to the Chairman for execution. Based upon historic sales data, forty-six plot sales are projected during Fiscal 03/04. At $375 for a standard adult plot, $150 for a veteran plot, and $100 for an infant plot, total revenue from plot sales of $15,550 is projected during FY 03/04. FISCAL IMPACT: All proceeds from plot sales are deposited in the Lake Trafford Memorial Gardens General Fund Account (001). GROWTH MANAGEMENT: There is no impact on the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution. AGENOA ITEM .o. JAN 2 7 200 , pg. / , EXECUTIVE SUMMARY Resolution for Lake Trafford Memorial Gardens Cemetery Page 2 Michael H. Dowling, Prop r~ Mar~gement Specialist Real Estate Services - Facilities Management Department REVIEWED BY"~f'LL~9 ar~rin t~0n(~r, ~ ~~la~a~er*~22; · DATE: '~hanes E. C g , J., R/V~ , g Real Estate Services - Facilities Management Department Skip Camp, Director Facilities Management Department t4:en Golden Price, Admini~f~ator Administrative Services D~ision DATE: DATE: RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICATES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2004 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82~105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990 and Resolution No. 03-290 on September 9, 2003, which revise the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial Gardens Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 03-290 dated September 9, 2003, and the County's administration of that Resolution, whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. The authorization of the Chairman to execute the Deed Certificates for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2004 calendar year. This Resolution adopted this day of vote. 2004, after motion, second and majority ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: · Deputy Clerk BY: Commissioner Donna Fiala, Chairman Appro'~ed as to fo[m am!~legal sufficiency: Assistant County Attorney GENO~ ITEM N 2 7 200/, EXECUTIVE SUMMARY AUTHORIZE CONVEYANCE OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR UTILITY FACILITIES TO SERVICE THE GREY OAKES FIRE/SAFETY STATION AT A'COST NOT TO EXCEED $15.00. OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of the attached Florida Power & Light Company (FPL) Easement required by FPL to provide electric service to the Grey Oakes Fire/Safety Station. CONSIDERATION: The Grey Oakes Fire/Safety Station, a facility jointly owned by the East and North Naples Fire Control Districts, and Collier County for EMS operations is now under construction and this Easement is required by FPL to provide permanent electric service to the Station. The easement area, shown on Exhibit "A" to the attached Easement, measures ten feet in width, contains approximately .047 acres, and will house buried cables and an above-ground electrical transformer. Because the Easement is a requirement of FPL for providing service, neither County nor District's will receive compensation. The Easement has been reviewed and approved by the County Attorney's office. FISCAL IMPACT: The total cost to record the Easement will be $15.00 and will be paid from the General Fund (001). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached FPL Easement; and 2. Authorize the Chairman to execute the Easement on behalf of the Board; and Authorize staff to record the Easement with the Clerk of Courts in the Public Records of Collier County, Florida, once the County and both Fire Districts have executed the Easement. PREPARED B Marl(n~ Mc~l~u.~in, Property Acquisition Specialist Real Esetate ~ervices Facilities Management Department EXECUTIVE SUMMARY Conveyance of Easement to FP&L Page 2 Toni A. Mott, Supervisor Real Estate Services Facilities Management Department REVIEWED BY: (L ~ {/}~ ~ ' na erDATE: Cha~es E. Carrington, Jr.,IS , g Real Estate Services Facilities Management Department REVIEWED BY: Sl~p ~aan~p, Director Facilities Management Department Len Goider~P~'ice, Administrator Administrative Services Division DATE: DATE: A(~E-D~J~ A IJ. JE~/' q JAN 2 ? 200~/ ,,2 / Work Order No. $ec.26, Twp. 49S., Rge.25E. Parcel I.D. 20767010957 (Maintained by Property Appraiser) EASEMENT Form 3722-A (Stocked) Rev.7/94 Prepared By: Name: Co.Name: FP&L Co. Address: 4105 S.W. 15m Ave. Naples, FI. 34116 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: Exhibit "A" attached hereto and made a part hereof Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at ail, the rights hereinabove granted on the land heretofore described, over. along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this __ 20 day of Board of County Commissioners. Collier County, Florida. By: Commissioner Donna Fiala ,Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest By: Dwight E. Brock, Clerk 3301 Tamiarni Trail East Naples, Florida 34112 (Corporate Seal) JAN 2 7 2004 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 200 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT Witness (Signature) (print name) BY: Thomas G. Cannon, Chairman East Naples Fire Control and Rescue District Board of Fire Commissioners Witness (Signature) (print name) The foregoing Easement was acknowledged before me on this day of 2004, by Thomas G. Cannon, Chairman, East Naples Fire Control and Rescue District, Board of Fire Commissioners, a public body corporate and politic, a political subdivision of the State of Florida and an independent special district, who is personally known to me or who has produced as identification. (affix notary seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission # if any:. My Commission Expires: NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Witness (Signature) (print name) BY: J. Christopher Lombardo,Chairman North Naples Fire Control and Rescue District Board of Fire Commissioners Witness (Signature) (print name) The foregoing Easement was acknowledged before me on this__day of 2004, by J.Christopher Lombardo, Chairman, North Naples Fire Control and Rescue District, Board of Fire Commissioners, a public body corporate and politic, a political subdivision of the State of Florida and an independent special district, who is personally known to me or who has produced as identification. (affix notary seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission # if any: My Commission Expires: Approved as to form and Legal sufh'c/ency: Ellen T. ChadweY Assistant County Attorney JAN 2. L 200/ ! AIRPORT/PULLING ROAD JAN 2 ? 2[11~ I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 27, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: H:Data/Format Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 29, 2003 through December 5, 2003. 2. Disbursements for December 6, 2003 through December 12, 2003. 3. Disbursements for December 13, 2003 through December 19, 2003. 4. Disbursements for December 20, 2003 through December 26, 2003. 5. Disbursements fbr December 27, 2003 through January 2, 2004. Minutes: 1. Collier County Hispanic Affairs Advisory Board - Agenda for October 30, 2003; December 18, 2003; Minutes of October 30, 2003. 2. Collier County Contractor's Licensing Board - Agenda for December 17, 2003. 3. Historical & Archaeological Preservation Board - Agenda for December 17, 2003; Minutes of November t9, 2003. 4. Pelican Bay Services Division - Budget Sub-Committee Agenda for December 10, 2003, Regular Agenda for January 7, 2003; Minutes of December 3, 2003; Budget Sub-Committee Minutes of November 13, 2003 and December 10, 2003; 5. Collier County Airport Authority - Agenda for December 8, 2003; Minutes of November 10, 2003. 6. Radio Road Beautification M.S.T.U. - Agenda for December 16, 2003; Minutes of November 18, 2003. 7. Collier County Library Advisory Board - Ag Minutes of October 1, 2003. ~da for Dece .m_ber 10, 2003; AGI~ ~D_~_ ITEM I ..... J--AN 2 200 Pg. ) 10. 11. 12. Collier County Planning Commission - Agenda for December 18, 2003. Immokalee Beautification M.S.T.U. Advisory Committee -Agenda for January 21, 2004; Minutes of November 19, 2003. Parks and Recreation Advisory Board- Agenda for December 17, 2003; Minutes of November 19, 2003. Lely Golf Estates Beautification M.S.T.U. - Agenda for December 18, 2003. Vanderbilt Beach M.S.T.U. - Agenda for January 8, 2004; Minutes of December 4, 2003. 13. Citizen Advisory Task Force - Agenda lbr December 18, 2003; Minutes of December 18, 2003. 14. 15. Environmental Advisory Council - Agenda for December 8, 2003, January 7, 2004; Minutes of December 8, 2003. Health and Human Services Advisory Committee - Agenda for September 18, 2003; Minutes of May 15, 2003. Other: 1) Collier Park of Commerce Owner's Association- Annual meeting of the Board of Collier Park of Commerce Owner's Association; Operating Budget for 2004 H:DatadFormat AGI~NDA ITEM No.l tS-p..t ]ll 2 9 200 , Pg. ~ EXECUTI~__$UI~_R~ RECOMMEND THAT THE BOARD OF COUNTY COMI~ISSIONERS APPROVE A DOCUMENT FOR EIGHTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS. QBJECTIVE: To seek consent from the Board of County Commissioners for a signatory approval letter for eighth year State Criminal Alien Assistance Program (SCAAP) grant funds. CONSIDERATION: On March 25, 2003 Board Chairman Tom Henning designated Sheriff Don Hunter as the signing official and contact person for sixth year State Criminal Alien Assistance Program (SCAAP) funding. A letter signed by the current Board Chairman is needed that indicates Board designation of Sheriff Don Hunter as eighth year SCAAP grant funds signing official. FISCAL IMPACT: Potential award of funds is for costs associated with incarceration of aliens. This would be an outright award with no required local match or other expenditure. ~ROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMI~ENDATION: That the Board of County Commissioners approve the eighth year SCAAP grant signatory approval letter. PREPARED BY: :tot 6-~C~lnzel, Finance u~ APPROVED BY~~ DATE: ~ a :xs. scaap2004 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Ftala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 January 27, 2004 SCAAP 2003 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Official For SCA_AP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program(SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for SCAAP funding. Sincerely, Donna Fiala Chairwoman Collier County Commission JAN '2 '? 2004 F,p,,;.___ Z . EXECUTIVE SUMMARY FINAL APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER COUNTY, TEXAS INDUSTRIES, N.V. AND COLLIER CULTURAL AND EDUCATIONAL CENTER IN REFERENCE TO CASE NO. 01-4571- CA-HDH THAT IS NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR NAPLES, COLLIER COUNTY, FLORIDA. OBJECTIVE: To secure the final action of accepting the deed to the Cultural Center parcel and approval by the Collier County Board of County Commissioners of a settlement agreement and mutual release. (A copy of the executed agreement is attached hereto as Exhibit "A".) CONSIDERATIONS: Collier County staff has been involved in litigation and discussions for a Developer Contribution Agreement with the owners of the Lely Development property. In an effort to expedite the process, the current owner, Texas Industries and the future owner, Stock Development, LLC., have agreed to settle the litigation and proceed with the Developer Contribution Agreement. This executive summary only addresses the settlement of the litigation. The parties have agreed to dismiss their claims to the Cultural Center parcel and concede that the County owns it. The settlement provides that the County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County shall be permitted to use the property as a community park with such activities as softball and soccer tournaments, a site for an office, or neighborhood park; The County shall use the property only for the purposes set forth in the PUD Ordinance 92-15 and above for a period of no less than fifteen (15) years from the date of the execution of the Settlement Agreement or the property shall be conveyed to Stock Development, LLC. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC. On November 18, 2003, this matter was presented to the Board of County Commissioners for approval and the Board approved the agreement but wanted to insure that the property would remain tree of loud noise activity in perpetuity. This assurance was favorable to the other parties to the agreement. All parties had previously accepted the terms of the agreement. An amended version was forwarded to all parties for execution containing additional language. (A copy of the partially executed agreement is attached hereto as Exhibit "B".) In the event the parties do not execute the amended agreement, the Board should accept the deed, (a copy is attached as Exhibit "C"), that sets forth the restrictions requested by the Board on Noveml Chairman execute the original agreement. er-~R__9on't and have the AGEN NC). ~ JAN 2 ? 200 j FISCAL IMPACT: The settlement will end all litigation costs and ensures the County's title to the property. GROWTH MANAGEMENT IMPACT: The settlement will have the positive affect of adding some twenty additional acres into the County's land inventory and this acreage will be located within the Lely development area. RECOMMENDATION: That the Collier County Board of County Commissioners authorize, the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County and accept the 2000 deed and any quitclaim deed from any party to the agreement. Prepared by: ~istant County Attorney Approved by: ~~.-------~ ~ Joh~Dunnuck, Public Services Administrator Approved by: David C. W~i=el. County Att~ey Date: H: JHR/Executive Summary./Texas Industries AGEND~ T -~ JAN 2 ? 20Oq LELY CULTURAL CENTER SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida and Cibolo Investments, N.V. f/k/a Texas Industries, N.V., a corporation existing under the laws of Netherlands, Antilles, (hereinafter referred to as "Cibolo"), Stock Development, LLC, a limited liability company authorized to conduct business in the State of Florida, and Collier Cultural and Educational Center. Inc.. (hereinafter "Collier Cultural and Educational Center") a dissolved Florida non-profit corporation. WITNESSETH: WHEREAS. Cibolo has filed suit against Collier CounD' and the Collier Cultural and Educational Center in Case No.01-4571-CA-HDH; and WHEREAS. the Counb~' has filed an Answer, Affirmative Defenses and a Counterclaim to quiet title in the County; and Collier Cultural and Educational Center has filed a general denial in connection with the property described in Exhibit "A" attached hereto. (hereinafter "the p roperty '); and. WHEREAS, Cibolo, Collier Cultural and Educational Center and the County, without any of them admitting any liability or fault, desire to settle the dispute'and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to ownership, possession and use of the Property'; and, WHEREAS, Cibolo, Collier Cultural and Educational Center and the County desire to reduce their settlement to a x;q:iting so that it shall be binding upon jt~m_as_w.,ell as their AGE. ND JAN 2 ? 200~ Page 2 Settlement Agreement & Release respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. WHEREAS, Cibolo has agreed to sell the Property to Stock Development, LLC and Stock Development, LLC is a party to the settlement of the litigation referenced herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Cibolo, Collier Cultural and Educational Center, and the Count, agree as follows: 1. Cibolo, Collier Cultural and Educational Center, and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses". by reference into this A~eement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any' way, whether directly or indirectly, to the possession, ov~-nership, and use of the Property for and in consideration of the following: a. Cibolo will dismiss its lawsuit in Case No. 01-4571-CA-HCH and any claims contesting or challenging the County's ownership of the Property with prejudice: b. Collier County will dismiss its Counterclaim in the above-referenced case with prejudice; c. Cibolo will execute a quit-claim deed to Collier Count>' granting all ownership rights in the Property to the County in the form of deed attached hereto as Exhibit "B"; d. Collier Cultural and Educational Center has executed a deed dated December 15, 2000 to the County, granting any and all of its interest in the property to Collier County in the form of deed attached hereto as Exhibit "C" and the parties do not contest the validity of the deed; 2 ,AGEND I E _ 2 7 200t Pg' ~ ;~ Page 3 Settlement Agreement & Release e. The County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property as a community park with such activities as softball and soccer tournaments, a site for an office, or neighborhood park subject to the limitations set forth in this paragraph; f. The parties agree to the County's amendment of the PUD to permit activities listed in section e as permitted uses; g. The parties agree that the County,' is the undisputed ov, mer of the property described in Exhibit h. The County shall use the property described in Exhibit "A" only' for the purposes set forth in the PUD Ordinance 92-15 and paragraph 2. e. above for a period of no less than fifteen (15) y'ears from the date of the execution of this Settlement Agreement or the property shall be conveyed to Stock Development. LLC. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, Cibolo, and Collier Cultural and Educational Center, this Agreement and Release is hereby entered into and covers all claims relating to ownership, possession and use of the Property among the parties hereto. JAN 2 7 200q pg. ~ Page 4 Settlement Agreement & Release 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, Cibolo. the Collier Cultural and Educational Center, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, the o~"nership, use and possession of the Property. 4. Cibolo, Collier Cultural and Educational Center. and the Count).' acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Cibolo, Collier Cultural and Educational Center, and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of an)' kind, whether of fault, liability, or of a particular policy or procedure, on the part of Cibolo, Collier Cultural and Educational Center, or the County. 6. Cibolo, Collier Cultural and Educational Center, and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any 4 AGEND JAN 2 ? Page 5 Settlement Agreement & Release party based upo.n a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Cibolo, Collier Cultural and Educational Center, and the County agree that all underlying causes of action or claims of Cibolo, Collier Cultural and Educational Center, and the County have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions; or tbr any damages arising from the breach. In this regard, Cibolo, Collier Cultural and Educational Center, and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Cibolo, the Collier Cultural and Educational Center and the County have signed and sealed this Agreement and Release as set forth below: [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 5 NO._ JAN Page 6 Settlement Agreement & Release COLLIER CULTURAL AND EDUCATIONAL CENTER, INC. (Signature) (~rint) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER CULTUR_4L AND EDUCATIONAL CENTER, CIBOLO INVESTMENTS, N.V., STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORiDA WAS SWORN TO and subscg~ed byO~)f'~d ~f r~ ~-' ~m "~h. before me. this~ ~/~ day Of ~ O % ~&~O03. ~L~;~ Personally ~o,,m ~ Signature o f Notary Public or Produced Identification Commissioned Name of NotaD' Public Type of Identification Produced (Please print, type or stamp) My Commission expires: EXPIRES: April 30, 2007 NO. JAN 2 7 Page 7 Settlement Agreement & Release CIBOLO INVESTMENTS, N.V. (Signature) f (Print) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.V.. COLLIER CULTURAL .AND EDUCATIONAL CENTER, STOCK DEVELOPMENT. LLC AND COLLIER COUNTTY, FLORIDA WAS SWORN TO and subscribed by '~,~ ~ ~:~i~ ~-?~.,,~_~-- before me. this 72,'~ ,, day of SCi lic (Please print, type or stamp) Personally Known or Produced Identification Type of Identification Produced My Commission expires: 7 Page 8 Settlement Agreement & Release STOCK DEVELOPMENT, LLC Witnesses: (S~ature~ (Print) (Print/ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.X,., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribedb-y'4.~/t .~ ~,~,~L-'~---~ . before me. this ,_ day of Oc4o ,t Signature of Notarw Public Personallv Kno~vn or Produced Identification Commis~i0r~ed ~-ame of Notary-Public 0 (Please pnnt, type or stamp) My Commission expires: ~L~ / ['-~& OFF1CIAL NOTARY SEAL DENISE MURPHY NOTARY PUBLIC gl'ATE OF FLORIDA COMMISSION NO. DD142298 MY COMMISSION EXP. AUG. 14,2006 8 Type of Identification Produced JAN 2 ? 20~ ~ Page 9 Settlement Agreement & Release COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida Bv'. Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COl._ NTS. FLORIDA By: DONNA FIALA Date: , Chairman Approved as to form and legal sufficiency: [ ~cqlueline HubbardLRobinson ~,J~ssistant County Attorney h: JHR' texas-se,'tlemcnt agreement & release 9 AGEN IT, JAN 2 t OR: 2821 PG: 06~B 'B' ~ ~ ~ Two, Pli~ Ekx~.18, I~g~s 43- 4.5 of the Put~c ina ~ ~ Tl'~Ct 'B' NortYt ~8'1~'44' East 819,41 fee~ t~ the Po~t of 1/~lx:e ~ ~ I/~ nollh Irle of sa~l Ti'Ici "~ INhml'th 1~"'03'44" East 84g.89 f~'et toa ~ Om'~:~:X~ West 763.95 ~ to l~I ~ line of said Tract soI. II:tllaasterl~ ~ I ~ of 1474.1~ ~ ~ i ce~raJ Ingle of -/~ - s~sL AGENTS i~ JAN 2 7 OR: 2821 PG: 0689 Z CD c m AGE NO. JAN 27_2 lq This mstrumenl prepared by (and afler recording should be returned to) (Space Reserved for Clerk of Court) WARRANTY DEED THIS WARRANTY DEED is made and entered ~nto as of the day of ~ 2003, between ~ a (the "Grantor"), having its principal place of business located at and COLLIER COUNTY (the "Grantee") Wherever used herein the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns WlTNESSETH: GRANTOR, for and in consideration of Ten and No/100 ($10 00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does hereby 9ranL bargain and sell to Grantee and Grantees successors and assigns forever, the following descrJbed land situate and bern9 in Collier County FIonda (the "Property"). to wit: Legal Description being part of Tract "B", Lely Resort Phase Two, Plat Book 18 pages 43--45, Collier County, Florida 20 Acre Parcel (See attached Exhibit "A' Subject to easements, restrictions and reservations of record THIS IS NOT HOMESTEAD PROPERTY TOGETHER WITH all the tenements, hereditaments and abpurtenances thereunto belonging or in anywise appertaining TO HAVE and to hold the same in fee simple forever GRANTOR hereDy covenants with Grantee that Grantor is iawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property. and that Grantor will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF Grantor has hereunto set itsnand and seal as of the day and year first above written Witnessed by: By: Print Name: By: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of by. a on behalf of the He/She is personally known to me. , 200__, My commission expires: Name: Notary Public, State of Florida Commission No AGEN I JAN 2.7 EXHIBIT C 2791858 OR: 2821PG: 0686 RXCORD~D in OPHCIAL RBCORDS of COLLIBR COUN?I, FL 0S/0B/2001 at 09:01AR DWIGHT B. BROCK, ~C ~H t9.50 DOC-.70 PICK UP DEED THIS DEED. Made this I~ da,',, oF,~*':~' ' ,2000, by and between COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTURAL CENTER, INC., a Florida non-profit corporation, ofthe County of Collier, State of Florida, hereinafter called Grantor, and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID..\, hereinafter called Grantee, ,.,,'hose address is Collier County Government Center, Naples. Florida 34112 \VITNESSETH, that the Grantor, for and in consideration of the sun: of SI000 to the Grantor in hand paid by the Grantee, ti:e recmpt of which is hereby acknowledged, has erantcd, bamained and sold, aiiened, remised, released, transferred, conveyed, and confirmed, and g' this deed c~ocs t,,ram, bargain and sell, alien, remove, release, transfer, convey, and confirm unlo the Grantee, the he~rs or successors and assigns of the Grantee in Fee simple forever, the tbIIowing described land situate in Coliicr Count)', Florida: See Legal Description attached ht'reto as Exhibit "A" and incorporated hereto by virtue of this rcfcrcnce Exhibit "B" attached hereto and incorporated herein by virtue of this reference. TOGETHER with ail the tenements, hcreditamcnts, and appurtenances, with eveD, privilege' right, title, inlerest and estate, dower and right of' dower, reversion, remainder, and easement thereto belongin~ or in any'wise appertaining; TO HAVE AND TO HOLD lhe same unto the Grantee. the heirs and assigns of the Grantee in fee simple forever PLEASE R£1'URN DOCuM£Nr TO.. Thomas R. BrOWn NO. ~ JAN 2 ? OR: 2821 PG: 0687 iN WITNESS WHEREOF, the Grantor has signed his name and affixed his seal the day and year firs*. above wrinen Printed Name: Witness \Vaher James Smith, C~ha,-~rman STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before mc, an olT~cer dui}' authorized in the State and County aforesaid to take acknowiedgments, personally appeared WALTER. JAMES SNIITH, as Chairma~ of COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTUR,.\L CENTER, INC., a Florida non-profit corporation, personally known to me WITNESS m)' hand and sea! this /~ da,,' of ~(~&' .,~.'4-- , 200© Notarv Public, State of Florida (SEAL) Thisinstmmentpreparedbv: ThomasR Brown, Esquire 2660 .'~irpcq Road South Naoies Florida ;41 I" ,.2 OF~C[AL NC~TAR¥ SLAL THOMAS R BROW'N NOg'ARY ~'B~C ~ATE OF ~OR~A COMM~SION' NO. MY COMMI~qlON EXP. DEC. 112~ .lAN -Wi/sCnMiller OR' 2821 ?G: Lecj~ De~pdon b~ing a ~ of Tna~ '~'. Lely Re~o4 Pha_~ T~,~. ~at Book 18, p~.ces 20 Acre Parcel ,Mi t~t part o¢ Tr'ac:l 'B' Lely Resort Pha~e Tw"c, Plat Book 18, pages 43- 45 of the Put, lie R~rds o( Collier County, Florida, be~n§ more part:Jc.u[ar'h/desc~'-ibecl as i'ollcrw~: C.~-nmmnc:Jng at the north,,~st c:=mer of sa~ Tract t.r~nc.~ alc:~g the nor~ fine of smd Tr-'a~ 'B" North 88"03'.,~4" East 819.41 feel lo the Pmnt of Be~i~nir'~ of 20 ac~e p~n::~l; '~e~c:~ conl. ir',4~ 2Jor~j the north line of :;aid Tr~ 'B" North 88'03'44" Eas~ 849.89 feet to po~ on bh~ East lir'~ of' said Trod th~nc.z~ aior~ said line South O4'03'03" West 783.95 fe~t to the sot, rrb line of' said Tr'ac! t.~nc:~ along said I~e $o~tedy 281.47 feet along the arc of a non-tangenti~ curve c~nc:ave souU'~easterty hav'c,g a radius of 1474.86 feet through a ¢_.~ntral angle of 10'56~05" and be4ng subtended by a chord whic~h bears Sot~ 60'31'05' West 281.05 ieee th~qc:~ c~ntir'u~e alor~ sa~d soulh line Sou~ 55'03'03' West 786.19 feet: thef'~ h~a~"~g said line Norlh 04'03'03" East 1325.30 feet to the Point of Beginning; Sub~c~ to eas-~,~ments and restri,-'6c~s of Cont'=~iog 20 acre"~ more ar les. s, Beanngs are based on me noah line of Tr-a~ 'I3' b~ing North 8~8°03'44' F-asr. Certtf~c2te of authortz;atic:~ ~tLB-43. WllsonMID~r. Inc. Registered F_~r'~ers and Land Surveyors O688 AGF_JiD T NO. ~ .lAN 2 7 200 OR: 2821 PG: 0689 AGF. Jq ~ IT NO.~ JAN 2 7 200~ EXHIBIT "B" The County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property only as a community park with such activities as softball and soccer tournaments, a site for an office, a neighborhood park, library and post office subject to the limitations set forth in this paragraph. This limitation shall be permanent. AGENDA .lAN 2 1 200 ~,,XH 181 T., AMENDED LELY CULTURAL CENTER SET-TLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT ANT) MZrTUAL RELEASE (hereinafter referred to as the "A~eernent and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County, a political subdivision of the State of Florida and Cibolo Investments, N.V. f/k/a Texas Industries, N.V., a corporation existing under the laws of Netherlands, Antilles. (hereinafter referred to as- "Cibolo"), Stock Development. LLC. a limited liabiliu' company- authorized to conduct business in the State of Florida, and Collier Cultural and Educational Center, Inc., (hereinafter "Collier Cultural and Educational Center") a dissolved Florida non-profit corporation. XS'ITNESSETH: WHEREAS. Cibolo has filed suit against Collier County and the Collier Cultural and Educational Center in Case No.01-4571-CA-HDH' and WHEREAS. the County has filed an Answer. Affirmative Defenses and a Counterclaim to quiet title in the Count.v; and Collier Cultural and Educational Center has filed a general denial in connection with the property described in Exhibit "A" attached hereto. (hereinafter "the Property"l: and. WHEREAS. Cibolo, Collier Cultural and Educational Center and the County. without any of them admitting any' liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to ownership, possession and use of the Properls,'; and, WHEREAS. Cibolo, Collier Cultural and Educational Center and the CounD? desire to reduce their settlement to a writing so that it shall be binding upon them as well as their No. JAN 2 7 200 ii Page 2 Settlement Agreement & Release re~ective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. WHEREAS. Cibolo has agreed to sell the Property to Stock Development, LLC and Stock Development, LLC is a party to the settlement of the litigation referenced herein. NOW, THEREFORE. in consideration of the mutual covenants, promises and consideration set forth in this .Agreement and Release. and with the intent to be legally bound, Cibolo. Collier Cultural and Educational Center. and the County a~ree as follows: 1. Ciboio, Collier Cultural and Educational Center, and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or re/Erring or relating in any way. whether directly or indirectly, to the possession, ownership, and use of the Property for and in consideration of the following: ,z. Cibolo will dismiss its lawsuit in Case No. 01-4571-CA-HCH and any claims contesting or challenging the County's ownership of the Property with prejudice' b. Collier County will dismiss its Counterclaim in the above-referenced case with prejudice; c. Ciboto will execute a quit-claim deed to Collier County granting all ov,"nership rights in the Property to the County in the form of deed attached hereto as Exhibit d. Collier Cultural and Educational Center has executed a deed dated December 15, 2000 to the County, ~anting any and all of its interest in the property to Collier County in the form of deed attached hereto as Exhibit "C" and the parties do not contest the validity of the deed; 2 Page 3 Settlement Agreement & Release e. The Counb' shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Amy political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The Count' will be permitted to use the property only as a community park with such activities as softball and soccer tournaments, a site for an office, ~ _a neighborhood park, library and post office subject to the limitations set forth in this paragraph. This limitation shall be permanent: f. The parties a~ee to the County's zmqendment of the PUD to permit activities listed in section e as permitted uses: ~. The parties a~ee that the Courtb' is the undisputed oxn'ner of the property described in Exhibit i~,. The County shall use the property described in Exhibit "A" only for the purposes set forth in the PLrD Ordinance 92-15 and para,apb 2. e. above for a period of no less than fifteen (15) years from the date of the execution of this Settlement Agreement or the property shall be conveyed to Stock Development, LLC. Upon the expiration of fifteen (15) years from the date of the execution of this Settlement Agreement, all right of conveyance to Stock Development, LLC. shall cease and be of no force and affect and Collier County shall own the property herein described free and clear of any claim by Stock Development, LLC. and any successor in interest to Stock Development, LLC In consideration of the above and other valuable considerati3n, the receipt and adequacy of which is hereby acknowledged by the ComaU', Cibolo, and Collier Cultural and Educational AGE. N JAN 2 7 20g Page 4 Settlement Agreement & Release Center. this A~eement and Release is hereby entered into and covers all claims relating to ownership, possession and use of the Property among the parties hereto. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Coun9,, Cibolo, the Collier Cultural and Educational Center, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, - attorneys, representatives, successors, assigns, insurers and affiliates from an)' and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way. whether directly or indirectly, the ownership. use and possession of the Property. Cibolo. Collier Cultural and Educational Center, and the County acknowledge and a~ee that this A~eement and Release is intended to and shah be binding upon their respective owners, principals, officials, officers, employees, ex-~mpto..' ~ v'~''~s. a~ents._ attorneys.. representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Cibolo, Collier Cultural and Educational Center, and the Count)' recognize and acknowledge that this A~eement and Release memorializes and states a settlement of disputed claims and nothing in this A~eement and Release shall be construed 'to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Cibolo, Collier Cultural and Educational Center, or the County. 6. Cibolo, Collier Cultural and Educational Center, and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation aad AGEND · 4 JAN 2 7 Page 5 Settlement Agreement & Release ambiguous language or provision in this A~eement and Release is to be construed against an), party based upon a claim that the part3.' drafted the ambiguous provision or language or that the part3.' was intended 'cc) be benefited by the ambiguous provision or language. 7. This A~eement and Release may be amended only by a written instrument s?ecifica]ly referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In thc event of an alleged breach of this A~eement and Release, Cibolo, Collier - Cultural and Educational Center, and the Counts.' agree that all underlying causes of action or claims of Ciboto. Collier Cultural and Educational Center, and the County have been mutually extinguished, mono_ and between each of them, by this Agreement and Release and that the sole remedy for breach o£ this AgTeement and Release shall be for specific performance of its terms and conditions: or for any damages arising from the breach. In this regard. Cibolo. Collier Cultural and Educational Center, and the Counts' further a~ee that the sole venue for any' such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This A_r~.em~.nt' ~ ~ '~ and Release shall be governed by. the laws of the State of Florida. IN WITNESS WItEREOF~ Cibolo, the Collier Cultural and Educational Center and the County have sig~ned and sealed this A~eement and Release as set forth below: [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] NO. 5 JAN 2 7 200 Pg. Page 6 Settlement Agreement &Relcase COLLIER CULTURAL AND EDUCATIONAL CENTER, INC. IPrint) THIS SETTLEMENT AGREEMENT AND RELEASE BET'~VEEN COLLIER CULTURAL AND EDUCATIONAL CENTER, CIBOLO INWESTMENTS, N.V., STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWOI~N TO and sub~ribed bv_~ tJ~F' a~ St~l~b~l before me, this . of . 200_3. Signature of Notary Public or Commissioned Name of Notary Public (Please print, U'pe or stamp) Produced Identification Type of Identification Produced My' Commission expires: 6 AGEND I E JAN 2 7 ZOOq Page ? Settlement Agreemenl & Release CIBOLO INVESTMENTS, N.V. Wimesses: (Signature) (Print) (Signature) (Print} THIS SETTLEMENT AGREEMENT AND RELEASE BETX, VEEN CIBOLO I.N%?ESTMENTS, N.V.. COLLIER CULTUIL.XL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT. LLC AND COLLIER COUNTY, FLORIDA V~'AS SWOP~N TO and subscribed by before me. this day of · 2003. Signature of Notary Public Personally Known or Produced Identific~.tion Commissioned Name of Notary Public .(Please print, ~'pe or stamp) My Commission expires: 7 Type of Identification Produced AGF. jqi' , = NO. ~ JAN 2 7 200/t Page 8 Settlement Agreement & Release STOCK DEVELOPMENT, LLC Witnesses: (Signature) (Print) (Signature) (Printi THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CIBOLO INVESTMENTS, N.V., COLLIER CULTURAL AND EDUCATIONAL CENTER, STOCK DEVELOPMENT, LLC AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by before me. this day of · 2003. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public .(Please print, type or stamp) My Commission expires: Type of Identification Produced Page 9 Settlement Agreement & ReLease COLLIER COUNTY: .ATTEST: DWIGHT E. BROCK. Clerk of Courts of Collier County. Florida Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER C OL.q'gTY. FLORIDA TOM HENN1-NG. Chaim~an [)ate: .X, pproved as to form ::nd iegal sufficiency: .iacquelinc t4uobard-Robinson ',~sistam C v~ntx' Attorney h JHK' texas-settlem:nt agrscm:nt & r:leas: g OR: 2821 PG: 06B8 NO. _LI~,.~_ .. L JAN 2 ? ~ Z *** OR: 2821 PG: 0689 *** o Th~s ;nstrument prel~ared by (and afler recording Should be returned [o) WARRANTY DEED fSpace Reserved for Clerk of Court/ THIS WARRANTY DEED is made and entered into as of the __ day of , 2003, between , a (the "Grantor"), having its principal place of business located at and COLLIER COUNTY (the "Grantee"). Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their successors and assigns. WITNESSETH: GRANTOR, for and in consideration of Ten and No/100 ($1000) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does hereby grant, bargain and sell to Grantee and Grantee's successors and assigns forever, the following described land situate and being in Collier County, Florida (the "Property"), to wit: Legal Descriplion being pad of Tract "B", Lely Resort Phase Two, Plat Book 18, pages 43-45, Collier County, Florida 20 Acre Parcel (See attached Exhibit "A" Subject to easements, restrictions, and reservations of record THIS IS NOT HOMESTEAD PROPERTY TOGETHER WITH alt the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining TO HAVE and to hold the same in fee simple forever GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; ti~at Grantor has good right and lawful authority to selt and convey the Property; that Grantor hereby fully warrants the title to the Property; and that Grantor will defend the same against the lawful claims of all persons whomsoever IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year first above written Witnessed by: By: Print Name: By: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of by , a on behalf of the My commission expires: Name: , 200__, · He/She is personally known to me. Notary Public, State of Florida Commission No JAN 2 EXHIBIT C_. 2791858 OR: 2821 PG: 0686 O~/OU~OO] at 0~:07~ D~ I. B~OC[, CLS~[ HC ~! I9.~0 ~-.70 30 Re~: PI~ UP DEED THIS DEED, Made this r ~lay ofdi~g~n24r ,2000, by and between COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., r/k/a COLLIER CULTURAL CENTER, INC., a Florida non-profit corporation, of the Coumy of Collier, State ofFlorida, hereinaRer called Gramor, and BOARD OF COIYN'rY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter called Grantee, whose address is: Collier County Government Center, Naples, Florida 34112. WITNESSETH, that the Grantor, for and in consideration of the sum orS10.00 to the Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold, aliened, remised, released, transferred, conveyed, and confirmed, and by this deed does grant, bargain and sell, alien, remove, release, transfer, convey, and confirm unto the Grantee, the heirs or successors and assigns of the Grantee in fee simple forever, the following described land situate in Collier County, Horida: See Legal Description attached hereto as Exhibit "A" and incorporated herein by virtue of this TOGETHER with all the tenements, hereditaments, and appurtenances, with every privilege, fight, title, interest and estate, dower and fight of dower, reversion, remainder, and easement thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same unto the Grantee, the heirs and assigns of the Grantee in fee simple forever. IN WITNESS WHEREOF, the Grantor has signed his name and affixed his seal the day and year first above written. STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an offioer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER JAMES SMITH, as Chairman of COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., f/Ida COLLIER CULTURAL CENTER, INC., a Florida non-profit corporation, personally known to me. WITNESS my hand and seal this /'~f day of ~ 2000. N,tary Public, State &Florida (SEAL) This instrument prepared by: Thomas iL Brown, Esquire 2660 Airport Road South ~ ~aples, Florida 34112 JAN 2 7 200 OR: 2821 PG: 06138 JAN 2 OR: Z C 2821 PG: 0689 *** II¸ EXHIBIT C 2791858 OR: 2821PG: 0686 05/0B/2001 aL 09:07A~ DWIGHt ~. BROCA, CL!~ DOC-,70 DEED THIS DEED, Made this ["'da), of J~-d~v',':/<- ,2000, by and between COLLIER CULTURAL ,.\ND EDUCATIONAL CENTER, INC., f/k/a COLLIER CULTURAL CENTER, INC., a Florida non-profit corporation, of the Count,,, oF CoLlier, State of'Florida, hereinafter called Grantor, and " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , hereinafter calied Granlee, whose address is: Coil:er Count), Government Center, Nap es, Florida 3,1112 \VITNESSETH, that the Grantor, for and in consideration oFthe sun: o,CSI0 00 to thc Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has aranted, baraained and sold, alicned, remised, released, transferred, conveved,'and confirmed, and b~' this deed Joes urant, baruain and sell, alien, remove, reiease, transfer, co'nvey, and contErm unto the Grantee, the he'rs or successors and assigns of the Granlee in fee simpIe forever, the lbllo,,,/ing described land situate in Co',lier Count)', Florida See Legal Description attached h?reto as Exhibit ",q" and incorporated herein b;, ;'inue of this reference Exhibit "B" attached hereto and incorporated herein by virtue of this reference. TOGETHER with all the tenements, hereditaments, and appurlenances, with evers, pr viJege right, title, interest and estate, dower and right of dower, revers on, remainder, and easement thereto belonging or in an>qvise appertain ng; TO HA",'E AND TO HOLD :he same unlo the Grantee, the heirs and assians ofthe Grantee in fee simple forever. ~ P/-F--,4SE RE;r-URN DOCUM, Thomas R Brow ENl- lO' 2660 A/rPo~t ,- n, E~q. ' r~oad ,SOUlh JAN 2 ? 20B OR', 2821 PG', 0687 IN WITNESS WHEREOF, the Grantor has signed his name and affixed his seal the day and year first above written Printed Name: Wimess Walter James Smith, C-h~rman STATE OF FLORIDA COUNTY OF COLLIER I HEPGEBY CER. TIFY that on this day, before me, an o[~cer duly authorized in the State and County aforesaid to take acknowledgments, personal}y appeared WALTER. JAMES SMITH, as Chairman of COLLIER CULTURAL ,',,ND EDUCA. T[ONAL CENTER, iNC., f/k/n COLLIER CULTURAL CENTER, INC., a Florida ,:,o~-prof~t corporation, personally known to mc WITNESS my hand and seal this 1~"- da,,' of ~.'~c~'.~,~.'<-- 2000. NoraD' Public, Stale of Florida (SEAl_) This instrument preparedby ThomasR Brown, Esquire 2660 Airport Road South .Naples, Florida 341 I2 OFFICIAL NOTARY S~,L TH, OMAS R BROWN NOTARY PUBLIC STATE OF FLORIDA COMMLSBION NO. CCg~lg/..5 ~.{y CO~.{ M iS.c. ION EXP. DEC. 1: 20O4 ~-A'ii'~',~. T JAN 2 7 200~ OR: 282_] PO: WiL nMiller Leg~/D~scr~tion being ~ part of Trac: '~', Lely R~ P~ T~, ~a~ ~k 18, pa~s 4~ 45, ~ ~, Ft~ 20 ~ Pa~l ~ ~t p~ ol T~ 'B' Lely Reso~ P~se T~, P~at Book 18, pages 4~ 45 of the Public R~s o¢ C~er Co~[y. FIo~, ~ing mo~ pa~ ~d as ~m~ng at the ~st ~mer of sa~ T~ "B" ~n~ at~ ~ ~ ~ne of s~ T~: 'B' Nodh 88'~3'~' Ea~ 819.41 feet to ~e Point of ~ on ~ Bs~ li~ o( ~M T~d 'B" ~n~ a~ ~d line So~ ~'~'03" W~t 763.95 f~t to ~e s~ line of ~n~ alo~ ~ I~e so~l~ ~1.47 f~t alo~ ~e am of a no~angenfi~ ~ ~n~ ~u~e~te,y h~ a ~us of 1474.86 f~t ~ugh a ~n~al an~le of 10'~05' and ~ subte~ ~ a ~o~ ~i~ beam S~ ~'31'05" W~t ~ ~n~ alo~ said so~h ~qe Sou~ ~'03'03" West 786.19 f~[ · ~ ~g said line No~h ~'03'03' ~st ~32S.30 f~t to ~ Poin~ of Begmning' Su~ to ea~ent~ and rest~s of ~. ' B~nngs a~ ~ on ~e no~h Dsc of T~C '~' ~ing No~ ~'03'44' Ce~=~ cf au~o~ati~ ~B~3. R~isle~ ~i~e~ a~ Land Su~eyo~ NeLF~.2C- 1025, sheet ~ ~ No] va~id unless emOoss~.--d W~th [he Prof~sionaYs seat. 0688 JAN 2 ? 200 , EXHIBIT_` 2821 PG: 0689 *** AGEND~ ITEJ~ I No.---L~.~ I JAN 2 ? 2004 EXHIBIT "B" The County shall not hold any outdoor concerts, outdoor speeches, outdoor rallies or any other similar events on the Property. Any political rallies or speeches shall be held indoors in conformity with State and federal law. The intent of this limitation on uses is to prohibit special events that are noise producing from occurring outdoors. The County will be permitted to use the property only as a community park with such activities as softball and soccer tournaments, a site for an office, a neighborhood park, library and post office subject to the limitations set forth in this paragraph. This limitation shall be permanent. AGENDA i,T~' ~,~ JAN 2 7 2006 EXECUTIVE SUMMARY APPROVE THE AGREEMENT ENTITLED "PREPAYMENT OF EDUCATIONAL IMPACT FEE AGREEMENT," WHICH AGREEMENT IMPLEMENTS THAT PORTION OF THE HERITAGE BAY DEVELOPMENT ORDER REQUIRING THE PREPAYMENT OF SCHOOL IMPACT FEES, THEREBY ALLOWING DEVELOPER'S $1,700,000 PREPAYMENT TO BE DEPOSITED INTO THE EDUCATIONAL FACILITIES IMPACT FEE TRUST ACCOUNT, AND TO AUTHORIZE THE EXECUTION OF THE AGREEMENT BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS. OBJECTIVE: That the Board approves the Agreement entitled "Prepayment of Educational Impact Fee Agreement." CONSIDERATION: On July 29, 2003, the Board of County Commissioners jointly passed (1) Resolution Number 2003-255, which approved, subject to certain conditions, Development Order No. 03-01 for the Heritage Bay Development of Regional Impact and (2) Ordinance No. 2003-40, which rezoned the property from Rural Agriculture to "PUD" Planned Unit Development known as the "Heritage Bay PUD." Paragraph 9 of the Development Order in part states "The Developer shall successfully negotiate with the School Board of Collier County to make adequate provision for educational facilities needed to accommodate the impacts of the proposed development, which may include a schedule for prepayment of school impact fees with the School Board of Collier County." In furtherance of the Development Order, by letter dated September 18, 2003, Developer hand delivered a check in the sum of $1,700,000 to the County, as prepayment of a portion of its school impact fees, which check was in turn delivered to the Collier County Clerk's office for safekeeping pending the execution of the Agreement entitled "Prepayment of Educational Impact Fee Agreement" (copy attached). Pursuant to the agreement entitled "Interlocal Agreement for Collier County Educational Facilities Impact Fee Ordinance"dated June 23, 1992, by and between Collier County and the Collier County School District, Collier County collects educational impact fees for deposit into an educational impact fee trust account and paid to the School District. This Prepayment Agreement, which was negotiated by the School Board and the Developer, and formally approved by the School Board at its Regular Meeting held December 18, 2003, authorizes this deposit. FISCAL IMPACT: From the sum of $1.700,000, the County will assess an administrative fee of $10,625 pursuant to the Interlocal Agreement. GROWTH MANAGEMENT: This Agreement is consistent with the Growth Management Plan but will not directly impact that Plan. NO. JAN 2 7 2006 pg. RECOMMENDATION: That the Board of County Commissioners approve this Prepayment of Educational Impact Fee Agreement, and authorize the Chairman to execute the Agreement on behalf of the County. Prep~~ ~ Jeffrey ,~. ~latzl'Flw Assistant ount!'lttomey Rev.~ewedAmy~Pat rso bY:n~ ~ Impact Fee Manager Date: January 12, 2004 Date: Reviewed by: David C. Weigei County Attorney JAN ? 1 200q PREPAYMENT OF EDUCATIONAL IMPACT FEE AGREEMENT THIS PREPAYMENT OF EDUCATIONAL IMPACT FEE AGREEMENT (this "Agreement") is made and entered into this 18th of December, 2003, by and between BAYVEST, LLC, a Florida limited liability company CBayvest"), CENTEX HOMES, a Nevada general partnership, ("Centex") (collectively the "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (the "County"), and the SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (the "School Board"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13 (the "Impact Fee Ordinance"). RECITALS: WHEREAS, the Developer is the owner of approximately 2,562 acres of real property located on the northeast comer of Immokalee Road (C.R.846) and Collier Blvd. (C.R.951) in unincorporated Collier County, Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof (the "Property"); and WHEREAS, with respect to the Property, on July 29, 2003, the County jointly passed (1) Resolution Number 2003-255, which approved, subject to certain conditions, Development Order No. 03-01 ~br the Heritage Bay Development of Regional Impact (the "Development Order"); and (2) Ordinance No. 2003-40, which rezoned the Property from Rural Agriculture to "PUD" Planned Unit Development (the "Heritage Bay PUD"). The development project approved in accordance with the Development Order and the Heritage Bay PUD is hereinal2er referred to as the "Development"; and WHEREAS, Paragraph 9.A. of Develop/nent Order states, "The Developer shall successfully negotiate with the School Board of Collier County to make adequate provision for educational facilities needed to accommodate the impacts of the proposed development, which may include a schedule for prepayment of school impact fees with the School Board of Collier County;" and WHEREAS, by letter dated September 18, 2003, the Developer hand delivered a check in the sum of $1,700,000.00 to the County, as prepayment of a portion of its Educational Impact Fees tbr the Development, which check was in mm delivered to the County Clerk's Office (the "Clerk") for safekeeping pending the execution of this Agreement; and WHEREAS, the School Board wishes to accept the Developer's $1,700,000.00 prepayment of a portion of its Educational Impact Fees for the Development, m _laj_e. ct to. the terms set tbrth below. AGENDA --,I NO.I/=, - , JAN 2 7 200 , NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The School Board hereby accepts from the Developer the sum of ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000.00) as prepayment of a portion of the anticipated Educational Impact Fees to be imposed by the County in connection with the Development (the Prepayment"). In accordance with both the Impact Fee Ordinance and the Interlocal Agreement for Collier County Educational Facilities Impact Fee Ordinance, dated June 23, 1992 (the "Interlocal Agreement"), the Prepayment shall be paid by the Clerk to the School Board for deposit into an educational facilities impact fee trust account. The Developer will be credited the amount of the Prepayment towards the payment of future Educational Impact Fees that shall become due for the Development (the "Credit"). The Credit shall be reduced by the entire amount of each Educational Impact Fee due for each Building Permit issued in connection with the Development calculated in accordance with the Educational Impact Fee rate schedule in effect at the date of Building Permit applications. The Credit shall be valid for a duration of five (5) years from the date of this Agreement, at which point the Credit shall expire and no longer be available to the Developer to offset any Educational Impact Fees associated with the Development. The Developer shall not be entitled to a refund of any unused Credit. 2. The Credit shall be applied as follows and County and School Board agrees that concurrency requirements for Educational Facilities have been met for the following numbers and types of dwelling units based on the Prepayment: 375 Single family 1249 Multi-family 3. The Credit shall: (i) run with the Property until the credit~ expire, are exhausted pursuant to this Agreement or have been assigned in accordance with an assignment agreement comply/ng with Section 74-205 of the Impact Fee Ordinance, and executed by the Developer, the School Board and the County and (ii) be applied solely to Educational Impact Fees and shall not offset, diminish or reduce any other charges, fees for which the Developer, its successors and assigns are responsible. The Developer shall be obligated to notify the County that the Credit is available, each time a Building Permit is applied for in connection with the Development. 4. The Developer agrees that it will not submit its own alternative Educational Impact Fee calculation, but instead will abide by the duly adopted Educational Impact Fees in effect at the date of Building Permit Application. 5. This Agreement shall not be construed or characterized as a develo agreement under the Florida Local Government Development Agreement Act. ~ment AGENDA ITEM ...- NO. JAN 2 7 200q 6. Thc burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 7. The Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve the Developer or its successors or assigns, of the necessity of complying with any applicable law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 8. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 9. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 10. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "B". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to entbrce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 11. This Agreement is the entire agreement between the parties, and it supercedcs all previous oral and written representations, agreements and understandings between the parties, including, but not limited to, the correspondence dated May 20, 2003 and July 1, 2003 between Developer's counsel, R. Bruce Anderson and Michael Kirk, Director of Facilities Planning and Construction for the School Board, and Mr. Anderson's letter dated September 18, 2003 addressed to Commissioner Henning, which correspondence is considered by all parties to be mere proposals only and of no legal or equitable force or effect. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK JAN 2 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: Dwight E. Brock, Clerk By: Donna Fiala,-Chairperson ATTEST: Print Name: __ff. ~. 'J~_~,? ~' DISTRICT SCHOOL BOARD OF COLLIER COUNTY. By: , ~ Dick J. Bruce, Chair ATTEST: Print Name BA'xWEST. LLC. a Florida lirmted Iiabllity company By: Michael Hueniken Bayhome USH, Inc. Managing Member [ts Vice President JAN 2 7 200{ ATTEST: Appro, Jeffrey Assista 420202 2 ~. Klat tt Coun a~d legal sufficiency: ~OW Attorney CENTEX HOMES, a Nevada general partnership Its ~ ~ .... ~ AGE/IDA IT, EM NO.I~ ~'- ~7. JAN 2 ? 200~! Pg. ~ EXHIBIT A Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida AGENDA ITEM JAN .2 7 200tt Pg. ~ EXHIBIT B COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS' 2.1 Claim: A demand by either party to a contract tbr an equitable adjustment of pa,vment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. AGFa)IDA i '~.M; NO.I~ ~ r~,,, JAN 2 1 200zt Pg. '~ 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a ci~'cuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request tbr mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the Coffnty will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: 2 AGENDA NO. JAN 2 7 200 5.1 5.2 5.3 a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the heating has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or tbr the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled/hr the hearing. The County shall set a time and dale for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information prior to the heating. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any even!-~ ^GEt A JAN 2 7 200 exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unav~tilable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any heating may represent a party. A court reporter will be present, unless waived by both parties. a. The heating will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Co Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 ~Fhe County or court reporter if present shall administer an oath to all persons who are to testify during the heating. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. AG£t~[~A ITE~. NO. ~ ~<~ 4 JAN 2 7 200t o 7.6 7.7 7.8 Conformance to legal rules of evidence shall not be necessary. Members of the arbitration panel may ask questions of the parties for the purpose of clarification. If substantial new information is submitted du0.'ng a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. ao A stenographic record of' any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. do All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be' given to the need for a greater amount of inlbrmation required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. AGEi' A IT ... .o. JAN 2 7 200q 8.5 Each party shall pay its own costs and attomey fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed medi~tion without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. AG~IDA ITEt~,J, NO. If~,,?.~ ~ - 6 JAN 2 ? 2Ol)t~ 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: ao The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. bo No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolv~ disputes. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. do The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 7 AGENDA ITEM. NO.//,-- JAN 2 ? 200~ Pg. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from .any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney AGEt~[;)A ITF_t.M ~- NO. 1¢' --~----,7' JAN 2 7 200q TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff'. Within 7 days or' receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants arid all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. 9 NO. lit* ~.. JAI 2 ? 2i Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. [t/Jackie/Dispute Resolution Procedure 10 NO. JA 2/200 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF FOUR OFFERS OF JUDGMENT RELATIVE TO THE FEE TAKING OF PARCEL NOS. 113, 125, 127 AND 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. G. HERBST, ET AL., CASE NO. 02-5138-CA (IMMOKALEE ROAD PROJECT g60018). OBJECTIVE: To approve and authorize the making of four Offers of Judgment relative to the fee taking of Parcel Nos.113, 125, 127 and 128 in the lawsuit styled Collier County v. G. Herbst, et al., Case No. 02-5138-CA (Immokalee Road Project #60018). CONSIDERATIONS: On May 22, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 113, 125, 127 and 128 for the lmmokalee Road Project (Project No. 60018). On June l 1, 2002, Collier County deposited with the Registry of the Court the sum of $137,100 for Parcels 113, 125, 127 and 128 in accordance with the Order of Taking. The Offers of Judgment, copies of which are attached, offer the property owners the sums outlined below as full compensation lbr the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs. These figures are based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offers of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If all Respondents accept, the County will be required to deposit $27,420 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than the sums outlined below for Parcels 113, 125, 127 & 128, respectively, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Parcel OT Deposit No. Made by Coun .tx Additional Compensation (Difference between Deposit and Offer of Judgment) Offer of Judgment 113 $72,000 $14,400 125 $13,500 $2,700 127 $25,500 $5,100 128 $26,100 $5,220 $86,400 $16,200 $30,600 $31,320 NO. JAN 2 7 200q The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offers of Judgment to be reasonable. .~7ISCAL IMPACT: Funds in the amount of $27,420 are available in the FY 04 adopted budget. ~ ~~-f~~re bas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2, 3. 4. Approve the terms of the Offers of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $27,420 to be paid into the Registry of the Court in the event all of the Offers of Judgment are accepted by Respondents; and Approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment. SUBMITTED BY: H F Ashton Assistant/y Attorn~/, REVIEWED BY: Date: [- 7' ag ROW A'* cqmsm' ' 'on Manager REVIEWED BY: Date: REVIEWED BY: Gregg Strakaluse, Director Transportation/ECM Date: APPROVED BY: David C. Weigel, County'Attorney 2 Date: AGENDA ITEM .o. JAN 2 7 200~ pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. G. HERBST, et al., To~ Case No.: 02-5138-CA Parcel Nos.: 113 Respondents. / G. Herbst 1061 Logan Blvd. S. Naples, FL 34116 OFFER OF JUDGMENT Plaintiff, COLLIER COUNTY, FLORIDA. pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, G. HERBST, for all compensation, including statutory interest, severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, G. HERBST, arising out of the taking of Parcel 113, in the total amount of Eighty Six Thousand Four ttundred and No/100 Dollars ($86,400.00), for Parcel 113, which includes the amount of $72,000.00 which was deposited pursuant to the Order of Taking dated May 22, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. AGENDANo. 7~I~'M JAN 2 7 200 , The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of January, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County JAN 2 7 200t IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. G. HERBST, et al., Case No.: 02-5138-CA Parcel No.: 125 Respondents. / OFFER OF JUDGMENT To: Nicholas Tsales Barbara A. Burnett-Rothenbuhler c/o Gregory, S. Rix, Esquire BRIGHAM MOORE, LLP One Tampa City Center, Suite 3410 Tampa, FL 33602 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondents, NICHOLAS TSALES and BARBARA A. BURNETT, for all compensation, including statutory interest, severance damages, business damages, costs to cure, together xvith the value of the taking, and any other claims of Respondents, NICHOLAS TSALES and BARBARA A. BURNETT, arising out of the taking of Parcel 125, in the total amount of Sixteen Thousand Two Hundred and No/100 Dollars ($16,200.00), for Parcel 125, which includes the amount of $t3,500.00 which ~vas deposited pursuant to the May 22, 2003. Order of Taking dated AGENDA ITEM NC). ~ JAN 2 7 200 Pg. ~ , There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys tees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of January, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County AGENDA ITEM_ NO. ~ JAN 2 7 2OO . P~o ~::~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 1N AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. G. HERBST, et al., Respondents. To~ Case No.: 02-5138-CA Parcel No.: 127 OFFER OF JUDGMENT Glenn W. Krape, Jr. Elizabeth A. Krape c/o Kem~eth Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff. COLLIER COUNTY, FLORIDA, pursuant to Section 73.032. Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondents, GLENN W. KRAPE, JR. and ELIZABETH A. KRAPE, for all compensation, including statutory interest, severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, GLENN W. KRAPE, JR. and ELIZABETH A. KRAPE, arising out of the taking of Parcel 127, in the total amount of Thirty Thousand Six Hundred and No/100 Dollars ($30,600.00), for Parcel 127, which includes the amount of $25,500.00 xvhich was deposited pursuant to the Order of Taking dated May 22, 2003. NO. ~ JAN 2 7 200 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of January, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attomey for Collier County NO. JAN 2 7 200 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5138-CA Parcel No.: 128 G. HERBST, et al., Respondents. / OFFER OF JUDGMENT 'Fo: Wayne E. Zimmerman Ruth Zimmerman c/o Kenneth Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, CO[,LIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondents, WAYNE E. ZIMMERMAN and RUTH ZIMMERMAN, for alt compensation, including statutory interest, severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, WAYNE E. ZIMMERMAN and RUTH ZIMMERIVlAN, arising out of the taking of Parcel 128, in the total amount of Thirty One Thousand Three Hundred Twenty and No/100 Dollars ($31,320.00), for Parcel 128, which includes the amount of $26,100.00 which was deposited pursuant to dated May 22, 2003. he .Qr.d_e_r_pf_Tak!ng AGEND,~ ITEM NO. JAN 2 7' 2OOt~ P~. f There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. The construction plans and specifications for the project on xvhich the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of January, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (-_~9) 774-8400 Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County 2 AGENDA ITEM NO. _/~,Z ~ JAN 2 7 20Ozt Pg. /~ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT NOVA CAPITAL, L.P., A Delaware Partnership, D/B/A MASTERCRAFT HOMES LIMITED, FOR THE FEE TAKING OF PARCEL NOS. 102 & 702 IN THE AMOUNT OF $20,940 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, INC., ET AL., CASE NO. 99-2165-CA (IMMOKALEE ROAD PROJECT #69101). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, NOVA CAPITAL, L.P., A Delaware Partnership, D/B/A MASTERCRAFT HOMES LIMITED ("Respondent"), in the amount of $20,940, as tull compensation, excepting attorney's fees, costs, and interest from the date of taking, for the fee simple acquisition of Parcel Nos. 102 & 702 in Collier Coun.ty v. Faith Bible Church qfNaples, bw., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, an Order of'Faking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 102 & 702 for the Immokalee Road Project (Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the Court the sum o1'$10,750 for Parcels 102 & 702 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of ,520,940 as full compensation/'or the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees, or other such costs or interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess their claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $10,190 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fail to recover more than $20,940 for Parcels 102 & 702, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of tull compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $10,190 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. - ./ GROWTH MANAGEMENT IMPACT: None. NO. /~' .~ JAN 2 ? 20011 Pg. / RECOMMENDATION: That the Board of County Commissioners: Approve the terms of the Off'er of Judgment and authorize its service on Respondent; and Approve the expenditure of funds as stated; and Authorize $10,190 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Heidi F. Ashton Assistant C.~' Attorney ROW Acquisition Manager Gregg Strakaluse, Director Transpo~atiomECM ~r°aLm~p0rtatiin Di~i" Date: Date: Date' Date: APPROVED BY: David C. Weigel, County ~k-~torney Date: AGENDA ~M., NO. //¢ ~p JAN 2 7 200 2 pg. ~- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT 1N AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. FAITH BIBLE CHURCH OF NAPLES, INC., et al., Respondents. Case No.: 99-2165-CA Parcel Nos.: 102 & 702 OFFER OF JUDGMENT To: NOVA CAPITAL, L.P., a Delaware Partnership, D/B/A MASTERCRAFT HOMES LIMITED c/o William A. Keyes, Jr., Esq. STEWART & KEYES, P.L. 2125 First Street, StP. 101 P.O. Drawer 790 Fort Myers, Florida 33902-0790 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, NOVA CAPITAL, L.P., a Delaware Partnership, D/B/A MASTERCRAFT HOMES LIMITED, for all compensation, including statutory interest, severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, NOVA CAPITAL, L.P., a Delaware Partnership, D/B/A MASTERCRAFT HOMES LIMITED, arising out of the taking of Parcels 102 and 702, in the NO. /~, ~-~ JAN 2 7 200 t p~, Thousand Nine Hundred Forty and No/100 Dollars ($20,940.00), for Parcels 102 and 702, which includes the amount of $10,750.00 which was deposited pursuant to the Order of Taking dated August 27, 1999. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of , OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AND TOLLING AGREEMENT BETWEEN COLLIER COUNTY AND ROCK OIL COMPANY IN REFERENCE TO CASE NO. 2.'03-CV-65- FTM-29DNF THAT IS NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION. OBJECTIVE: To secure the approval of the Collier County Board of County Commissioners of a settlement and tolling agreement. (A copy of the executed agreement is attached hereto.) CONSIDERATIONS: Collier County staff has been involved in litigation involving a Constitutional challenge to the County's amended Sign Ordinance. Rock Oil Company (hereinafter "Rock Oil"), filed a multi-count Complaint challenging the land use regulations of Collier County that restrict and limit the placement and use of signs. Plaintiff alleged that Collier County failed to follow the requirements of its own Code on the two occasions when it approved Ordinances No. 01-60 and No. 02-03, which amended the Sign Ordinance. In Count One (1) of the Complaint, the Plaintiff alleged because the County improperly noticed the required public hearing[s], there was an improper predicate for the adoption of the Ordinances. Count Two (2) alleged that the enactment of the two Sign Ordinance amendments and their cntbrcement deprived it of procedural due process. Count Three (3) asserted that the provisions of and enforcement of the Sign Ordinance violate Rock Oil's free speech and expression. Count Four (4) alleged a violation of the right to equal protection. Count Five (5) asserted a deprivation of substantive due process. County Six (6) alleged unfettered discretion to County personnel to approve or deny a request for additional signage. Count Seven (7) alleged that the Sign Ordinance permits warrantless searches and seizures. Rock Oil further contended that the sign regulations were improperly adopted. Rock Oil sought declaratory and injunctive relief, attorney's fees, court costs and expenses and ancillary relief pursuant to 42 U.S.C. §1983 and §1988. Collier County, however, argued that Rock Oil cited the wrong Code provision and relied, mistakenly, on an out-dated version of the Code that had actually been amended in 1995. Additionally, the County argued that Rock Oil failed to exhaust its administrative remedies before filing suit and the case was not "ripe" for adjudication by the Federal Court. After mediation, the parties reached a settlement contingent upon approval by the Board of County Commissioners. The main part of the agreement is as tbllows: Rock Oil shall begin the process to administratively pursu. the provisions of the Sign Code for its business establishment in Collier County within thirty (30) days of approval of this agreement by the Collier County Board of County Commissioners. Collier County agrees to toll the applicable Statute of Limitations for a period of no longer than twelve (12) months, from January 8, 2004 to January 8, 2005, or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County, which ever event occurs first. o Rock Oil agrees to dismiss the aforementioned case without prejudice within thirty (30) days of approval of this agreement by the Collier County Board of County Commissioners. The agreement, if approved, shall be binding upon the County and Rock Oil Company, as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. The settlement and tolling agreement v¢ill end the current litigation, however, Rock Oil has the opportunity to refile the case if it chooses to do so. FISCAL IMPACT: The settlement will limit the County's litigation costs because it will shorten the litigation time by permitting Rock Oil to pursue a variance. Thus far the County's Code Enforcement Department has expended less than $2,500.00 in hard costs in defense of this matter. GROWTH MANAGEMENT IMPACT: There is none. RECOMMENDATION: That the Collier County Board ot Cc unty Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement and tolling agreement on behalf of the Board Ibr the County. "(J~quel[ne W. ~tub"'b~rd A-'ssistant County Attorney Date: Approved by: /////g~Zt~ ~~ Date: Mic/h~e~ ArCo'i'd, Director-Code Enforcem mt Approved by: ~--~ ('~.,~ Date: David C. Weig4i, County At~bmey H: JHR~' Executive Summapy,' Rock Oil JAN 2 ? 200~ ~ SETTLEMENT AND TOLLING AGREEMENT WITH THE ROCK OIL COMPANY THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY. (hereinafter referred to as "the Count"'), a political subdivision of the State of Florida and ROCK OIL COMPANY, a Missouri Corporation. (hereinafter referred to as "Rock Oil"). WlTNESSETH: WHEREAS. Rock Oil has filed a Complaint against Collier Coun%' in the United States District Court tbr the Middle District of Florida in Case No. 2:03-CV- 65-FTM- 29DNT. alleging that Collier Count~' violated its Constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution and the Florida Constitution: and WHEREAS, the matter has been set for trial: and WHEREAS. Rock Oil and the CounU.'. desire to settle the disputes in Case No. 2:03-CV- 65-FTM-29DNT and any and ali disputes or claims that arise from. relate or refer in any way, whether directly or indirectly, to Rock Oil's Complaint; and WHEREAS, Rock Oil and the Counts' desire to reduce their settlement to a waiting so that it shall be binding upon them as well as their respective owners. principals, elected officials, officers, employees, ex-employees, agents, attorneys. representatives, insurers, spouses, successors, assigns, heirs ~antees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally AGENI~A IT~__- - ~,"~ bound, Rock Oil and the County agree as follows: NO. JAN 2 Pg--- Rock Oil and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement. In an attempt to resolve all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the above-referenced Case: and in consideration of the promises contained herein, the parties agree as follows: 1. Rock Oil shall begin the process to administratively pursue a variance of the provisions of the Sign Code for its business establishment in Collier Counts., within thirty (30) days of approval of this agreement by the Collier count',, Board of Countv Commissioners. Co!tier Count' a~ees to toll the applicable Statute of Limitations for a aeriod of no longer than twelve I! 2 ) months, i'rom Janual-X.' 8. 2004 to Januar-v 8. 2005. or until Rock Oil abandons its pursuit of a variance or a variance is ~anted or denied by the Count.v. which o~x,'Jr,, event occurs first. Rock Oil agrees to dismiss the aforementioned Case without prejudice within thirty i30t days of approval of this agreement by the Collier Count>.' Board of County Commissioners. 4. Collier Count,' agrees not to pursue enforcement activity' for a period of no ton_oer than twelve ~ 12) months, from January 8. 2004 to JanuaO' 8. 2005. or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County, xvhich ever event occurs first, as to the following alleged violations: (a). The Pole sign predates January. 1991. Also, it was altered in approximately 1999 to include a reference to the Touchless Car Wash. To comply with LDC section 2.5.5.2.5.5., a sign permit must be obtained, and the free-standing sign must be lowered to 8 feet above centerline grade, reduced to 60 square feet in size, must incorporate a 200 square foot landscape area at the base of the sign, and must display the sign permit number. As it exists now, the sign is an illegal, non-confo~r~._~i.n_g s__ign. AGEND i E ' JAN 2 7 200 ; (b). Canopy accent striping and the primary yellow color are prohibited by LDC sections 2.5.5.2.5.5.(2) and 2.6.28.1.(17). The canopy must be ora single soft earth tone or pastel color. Corporate logos of 12 square feet can be permitted for the two faces of the canopy with street frontages, if desired. (c). Pump'signs (aka toppers), togos, advertising, and information are prohibited above pumps by LDC section 2.5.5.2.5.5.(4), and must be removed. 5. Rock Oil agrees to apply for and submit all necessary documents for a permit for the "Touchless Car Wash" sign within thin.',' (30) days of approval of this agreement by the Collier Count), Board of County Commissioners. 6. Ro~k Oil agrees to apply for and submit all necessar3, documents for a permit for the Wall sig-ns facing both Tamiami Trail North and Granada within thirw (30) days of approval of this agreement by the Collier Countw Board of County Commissioners. 7. Rock Oil agrees to comply with requirements for window sig-nage (non-reflective, non-illuminated, and non-electrical) and reduce them to no more than 25 % for each window area within ninety (90~ days of approval of this a~eement by the Collier Counw Board of Countx.' Commissioners. 8. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Rock Oil and the CounU~. a~ee to be bound bv the terms of this a~eement and on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns.. Rock Oil and the County acknowledge and agree that this Agreement is intended shall be binding upon their respective to and employees, ex-employees, agents, assigns, spouses, heirs and affiliates. attorneys, owners, brincipals, officials, officers, representatives, insurers, successors, 10. Rock Oil and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party, was intended to be benefited by the ambiguous provision or language. 11. This A~eement may be amended only by a ,aq'itten instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. i" In the event of an alleged breach of this Agreement the sole venue for any resulting action shall be in the Twentieth Judicial Circuit in and for Collier Count,,'. Florida in Naples, Florida. i3. This Agreement shall be governed by the laws of the State of Florida. i4. In the event Rock Oil refiles its ia~v suit against the County. the parties A_oree that mediation shall not be necessarw. IN WITNESS WHEREOF. Rock Oil and the County have signed and sealed this A_o-reement as set forth below: ROCK OIL COMPANY: Witnesses' (Print) (Print) JAN 2 ? 200 PS. ~ ~ THIS SETTLEMENT AGREEMENT BETWEEN ROCK OIL COMPANY AND COLLIER COUNTY, by C. hc~-kphec/{ernpk, before me. this S}~e of N~b~S~~ FLORIDA WAS SWORN TO and subscribed ~'~ day of _ \"~LtG. r't_/ , ~Xr3'. ZOOq Commissioned Name of Notary Public (Please print, t.vpe or stampt Personally' Known or Produced Identification Type of Identification Produced My Comrmssion expires: COLLIER COUNTY: ATTEST DWI©HT E. BROCK. Clerk of Courts of Collier County. Florida BOARD OF COU~'NTY COMMISSIONERS OF COLLIER C OL~'4TY. FLORIDA Depuu' Clerk Date' . Chairman DONNA FtALA Date: Approved as to form and legal sufficiency: xX~acq, heline Hubbard-Robinson Assistant County' Attorney h JHR:' Summer House settlement agreement & release AGEND{ ITr~u_ ~ ( JAN 2 7 200~ ~ Pg., ~.,~ EXECUTIVE SUMMARY ACCEPT OFFER OF DE MINIMUS SETTLEMENT AGREEMENT FROM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO SETTLE ALL OF COLLIER COUNTY'S POTENTIAL LIABILITY REGARDING POLLUTION FROM FORMER FLORIDA PETROLEUM REPROCESSlNG FACILITY AT 3211 SW 50TH AVENUE, DAVlE, BROWARD COUNTY, FLORIDA, AND AUTHORIZE PAYMENT OF $6,463.12 TO USEPA AND $2,154.38 TO THE CITY OF FORT LAUDERDALE IN FULL SETTLEMENT OF COLLIER COUNTY'S POTENTIAL TOTAL LIABILITY OBJECTIVE: That the Board of County Commissioners accept a De Minimus Settlement Agreement offered by the United States Environmental Protection Agency (USEPA) to settle all of Collier County's potential liability regardin~ pollution from a former Florida Petroleum Reprocessing Facility at 3211 SW 50"' Avenue Davie, Broward County, Florida, and to authorize payment of $6,463.12 to USEPA and $2,154.38 to the City of Fort Lauderdale. The 19-page Settlement Agreement is styled "Administrative Order on Consent" in USEPA Region 4 Docket No. CER 04-2004-3751. CONSIDERATIONS: The USEPA alleges that at various times from 1988 through 1990, Collier County retained contractors to dispose of various hazardous wastes, and that the contractors, on the County's behalf, hauled approximately 2,250 gallons of hazardous waste to the above described hazardous waste disposal facility in Davieo The USEPA has determined that the operators of that facility violated Federal Statutes related to hazardous waste pollution, and alleges that Collier County, having arranged through contractors to dispose of hazardous waste at that facility, is a "de minimus generator" of a small portion of the unlawfully disposed of hazardous wastes at that facility, and for the same reasons Collier County is a "Potential Responsible Party" that is liable to pay its pro-rata share of monetary liability caused by such pollution. Staff has determined that thirty-six percent (36%) of the polluting materials resulted from Solid Waste Department activities and the remaining sixty-four percent (64%) came from various other activities. This "strict liability" is imposed on the County simply because hazardous waste was delivered from the possession of Collier County to this waste disposal facility and the facility's operators caused the pollution. The USEPA asserts that it has expended in excess of 5.5 million dollars in response to the pollution violations at that facility, and that the City of Fort Lauderdale has expended more than "its fair share" of site cleanup expenses. The requested payments are to pay Collier County's alleged pro-rata reimbursements to the USEPA and to the City. FISCAL IMPACT: Acceptance of this Settlement Agreement will r County to eventually pay a total of $8,617.50. ,~qu~I'EEItM~ I~T,E, JVl,/. NO. ,/[// K/~ JAN 2 7 2006 1 pg. / GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners, by approval of this Executive Summary, accept a De Minimus Settlement Agreement offered to the County by the United States Environmental Protection Agency, authorize the Board's Chairman to execute the Settlement Agreement on the County's behalf, and authorize payment of $6,463.12 to USEPA and $2,154.38 to the City of Fort Lauderdale in full settlement of the County's pro- rata share of potential liability regarding unlawful pollution at a waste disposal site in Davie, Florida. Thirty-six percent (36%) of the polluting materials resulted from Solid Waste Department activities and the remaining sixty-four percent (64%) came from various other activities, therefore staff is recommending that the Solid Waste Department pay 36% of these fines and the General Fund pay the remaining 64%. Sufficient funds ($3,102.30) exist in the Solid Waste Fund (470) and the balance ($5,515.20) is available in the General Fund (001). The County has until only January 31, 2004 to deliver the executed Settlement Agreement to the USEPA in Atlanta, Georgia. The County's payments are to be paid later, subject to the USEPA accepting the County's executed Settlement Agreement. NO. ~' - I JAN 2 7 200z I PREPARED BY: REVIEWED BY: T~om Palmer .~~Y Date: R~' Smith,~)Trector Pollution Control and Prevention REVIEWED BY: G. George Yilmaz Solid Waste Director REVIEWED BY: ~r"~-~~ Tom Wides Operations Director ~ ~ APPROVED BY~';~,, r_~ ~-~- .....----~ja~es w. DeLony, P.E. ~ ~ _..~lic Utilities Administrator ~~~ate: Date: Date: / -- NO. ~ JAN 2 7 200~ Pg. --~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 IN THE MATTER OF: Florida Petroleum Reprocessors Site Davie, Florida Proceeding under Sections 122(g)(4) and 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C.§{} 9622(g)(4) and 9622(h)(1) ADMINISTRATIVE ORDER ON CONSENT Docket No.: CER 04-2004-3751 I. JURISDICTION This Admimstrative Order on Consent ("Consent Order" or "Order") is issued pursuant to the authority vested in the President of the United States by Sections 122(g)(4) and 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §§ 9622(g)(4), and 9622(h), to reach settlements in actions under Section 106 or 107 of CERCLA. 42 U.S.C. §§ 9606 or 9607. The authority vested in the President has been delegated to the Administrator of the United States Environmental Protection Agency ("EPA") by Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to the Regional Administrators of the EPA by EPA Delegations Nos. 14-t4-D (for Section 122(h)) and 14-14-E, (for Section 122(g)). Authority under Section 122(g) was re-delegated to the Director, Waste Management Division, E.PA, Region 4, and further re-delegated to the Chief of the Waste Programs Branch by EPA Region 4 Delegation No. 14-14-E. Authority under Section 122(h) was re-delegated through the Director, Waste Management, EPA, Region 4, and further re-delegated to the Chief, Waste Programs Branch by Region 4 Delegation No. 14-14--D. The Waste Programs Branch has been renamed and is currently known as the Superfund Enforcement & Information Management Branch. This Ag-reement is also entered into pursuant to the authority of the Attorney General of the United States to compromise and settle claims of the United States, which authority, in the circumstances of this settlement, has been delegated to the Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice. This Consent Order is entered into voluntarily by and between EPA, the City of Fort Lauderdale, Florida ("City"), and the persons, corporations, or other entities identified in Appendix A ("Respondents"). The City and each Respondent agree to undertake all actions required of such party by this Consent Order. The City and each JAN 2 7 2004. Pg. further consent to and will not contest the authority of the United States to issue this Consent Order or to implement or enforce its terms. The Parties agree that the actions undertaken in accordance with this Consent Order do not constitute an admission of any liability by the City or any Respondent. The City and the Respondents do not admit, and retain the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Consent Order, the validity of the Statement of Facts or Determinations contained in Sections IV and V, respectively, of this Consent Order. II. STATEMENT OF PURPOSE 4. By entering into this Consent Order, the mutual objectives of the Parties are: ao to avoid the potential for difficult, prolonged and complicated litigation between the City, the Respondents and/or EPA; to reach a final settlement between EPA and the Respondents with respect to the Site pursuant to Section 122(g) of CERCLA, 42 U.S.C. § 9622(g), that allows each Respondent to make a cash payment, including a premium, to resolve each Respondent's alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.C. § 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; to reach a final settlement between EPA and the City with respect to the Site pursuant to Section 122(h) of CERCI-A, 42 U.S.C. § 9622(h), and the authority, of the Attorney General to compromise and settle claims of the United States, that allows the City to resolve its alleged civil liability under Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, for injunctive relief with regard to the Site and for response costs incurred or to be incurred at or in connection with the Site, subject to reservations of rights contained herein; do to simplify any remaining administrative and judicial enforcement activities concerning the Site by eliminating a substantial number of potentially responsible parties from further involvement at the Site, thereby reducing litigation relating to the Site; to obtain a final settlement among the Parties for the Respondents' fair share of response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund and by private and governmental parties, and to provide for full and complete contribution protection for the Respondents, including protection from claims among the Parties, with regard to the Site pursuant to Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5); and to obtain a final settlement among the Parties for. the City' s fair share of response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund and by private and governmental parties, and to provide for full and complete contribution protection for the City, including protection from claims among the Parties, with regard to the Site pursuant to Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4). III. DEFINITIONS Unless otherwise expressly provided herein, terms used in this Consent Order that are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in the statute or regulations. Whenever the terms listed below are used in this Consent Order, the following definitions shall apply: ao "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq. "Consent Order" or "Order" shall mean this Administrative Order on Consent and all appendices attached hereto, in the event of conflict between this Order and any appendix, the Order shall control. Co "City" or "City of Fort Lauderdale" shall mean the City of Fort Lauderdale, Florida its departments, agents and instrumentalities. "Day" shall mean a calendar day. in computing any period of time under this Consent Order, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next working day. "EPA" shall mean the United States Environmental Protection Agency and any successor departments, agencies or instrumentalities. fo "EPA Hazardous Substance Superfund" shall mean the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507. g° "FPR Facility" shall mean the former Florida Petroleum Reprocessors facility located at 3211 S.W. 50a' Avenue, Dame, Broward County, Florida, immediately east of the Florida Turnpike, about x/2 mile south of Interstate 595, which operations included waste oil reprocessing. AGENDA NO. /l~i~'~ JAN 2 7 2OOq pg. ~' jo Oo "Interest" shall mean interest at the current rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded annually on October 1 of each year, in accordance with 42 U.S.C. § 9607(a). "Paragraph" shall mean a portion of this Consent Order identified by an Arabic numeral. "Parties" shall mean EPA, the City of Fort Lauderdale, and the Respondents. "Respondents" shall mean those persons, corporations, or other entities listed in Appendix A. "Response costs" shall mean all costs of "response" as that term is defined by Section 101(25) of CERCLA, 42 U.S.C. § 9601(25). "Section" shall mean a portion of this Consent Order identified by a Roman numeral. "Site" shall mean the Florida Petroleum Reprocessors Superfund Site, which includes the FPR Facility property which formerly contained a waste oil recycling operation approximately one acre in size located at 321 l SW 50th Avenue in Davie, Broward CounW, Florida, south of Fort Lauderdale. The Site also includes an area along the south side of 1-595, and east of the Florida Turnpike, which is now owned by the Florida Department of Transportation. The Site also includes the ~oundwater contarmnaUon ong~naUng from these two source areas, which is documented by the data as depicted in Figures 4-20 and 4-21 of the Record of Decision issued bv EPA for the Site. At the time of the Record of Decision. this Site covered an area of approximately 870 acres in size and was generally bounded to the north by Peters Road, that divides the northern and southern portion of the current Peele-Dixie Wellfield, to the east by U.S. Route 441, to the south by Orange Drive, and to the west by the Florida Turnpike. The Site is depicted generally on the map attached as Appendix B. "United States" shall mean the United States of America, including its departments, agencies and instrumentalities. IV. STATEMENT OF FACTS The Florida Petroleum Reprocessors (FPR) Facility, located at 3211 S.W. 50~' Avenue, Davie, Broward County, Florida, was a former waste oil reprocessing facility. Operations at the FPR Facility were conducted under a variety of names, including Barry's Waste Oil, Oil Conservationists, Inc., Florida Petroleum Reprocessors, and South Florida Fuels. NO. 4 Operations principally included the temporary storage and reprocessing of waste oil. Current records indicate that more than 15 million gallons of waste oil were collected at the FPR Facility from many sources, including the Respondents listed in Appendix A and the City. This waste oil leaked from tanks and spilled onto the ground, causing extensive soil and groundwater contamination during operations at the FPR Facility. The waste oil contained hazardous substances as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), including volatile organic compounds (VOCs). o In the Spring of 1996, EPA's Emergency Response and Removal program conducted an assessment of the FPR Facility. The FPR Facility was abandoned at that time. There were several above-ground tanks and drums in poor condition, containing waste oil and wastewater at the FPR Facility. The secondary containment structures around these tanks and drums had deteriorated. The contents of the tanks and drams were sampled, and the results indicated the presence of VOCs and other hazardous substances. EPA determined that an immediate response action was warranted to address the imnUnent threat posed by the tanks and drums and to stabilize the FPR Facility pending further evaluation. 10. As a result, removal activities were undertaken and all tanks and an estimated 13,000 gallons of waste oil and 26,000 ~allons of wastewater were removed from the Site. This work was completed in 1997 pu~'suant to an Administrative Order on Consent with Florida Petroleum Reprocessors Steering Committee, whose member(s) are currently part of the major FPR potentially responsible parry group ("major FI:'R PRP group"). EPA's contractor completed the field work for the remedial investigation (RI) for the FPR Site in April 1997 and issued a RI and feasibility study (FS) report in June 1998. 11. The Site was placed on the National Pnonties List on March 6, 1998. 12. 13. A second round of removal activities was conducted by the major FPR PRP group in 1999, pursuant to a second Administrative Order on Consent, to address the highly contaminated soils ranging from ground surface to a depth of approximately 12 feet below ground surface. Contaminants removed included chlonnated VOCs and petroleum-related compounds. Approximately 6,000 tons of soil were removed for off- Site disposal. The excavated areas were filled in with clean soil. A third round of removal activities is currently on-going, and was started by the major FPR PRP group in November 2000, pursuant to a third Administrative Order on Consent, to address deep soil contamination and a zone of residual dense nonaqueous-phase liquid (DNAPL) in the northwestern portion of the FPR Facility, at a depth from 34 to 43 feet below ground surface. This material was believed to represent a continual source of contamination to the Biscayne aquifer, the sole source of drinking water for Dade and JAN 2 7 200t Pg. Broward counties. The work to treat the residual DNAPL contamination is being performed using a technique known as chemical oxidation. The treatment process involves the injection of chemicals into the zone of contamination, which produces a chemical reaction to transform the contaminants into nontoxic compounds. 14. In addition to the contaminants that have been released from the FPR Facility, a second source of groundwater contamination is located along the south side of 1-595, and east of the Florida Turnpike. This second source is the location of a former junkyard known as Starta Sales & Salvage that operated at the location from 1965 until 1974. Approximately 1,600 junk cars had been stored on the property at one time, with some of the junk cars being dumped into a water-filled borrow pit along the west side of the property. Automobile salvage and service businesses continued to operate at this location until 1984. The property was subsequently acquired by the Florida Department of Transportation (FDOT) in 1984 in advance of the construction of 1-595 at this location in the late 1980's. 15. The three rounds of removal activities described above were performed by the major FPR PRP ~oup. EPA anticipates that the major FPR PRP group will also perform the remaining work that needs to be done at or in connection with the Site. EPA is currently negotiating a Remedial Design/Remedial Action Consent Decree (Consent Decree) with the major FPR PRP group and several other parties to implement a remedy for the Site that is protective of human health and the environment. In performing the response actions, EPA has incurred and will continue to incur response costs at or in connection with the Site. The amount of EPA's unreimbursed response costs at the Site totaled $5.587,798.14 as of August 19, 2003. I7. The City has also undertaken response activities at the Site under an Administrative Order on Consent with EPA dated February I 1, 1994, docket number 93-34-C (AOC). In compl.ving with the AOC, the City, incurred over $1,224.381.78 in response costs in designing, constructing, and operating an air stripper system to remove Site-related VOCs now believed to have m/grated to the southern portion of the City's Peele Dixie Wellfield. Under the AOC, the City now owes $83.271.88 for EPA's oversight costs. In addition, the City owes $24,381.78 for the 6,366 gallons of waste oil it sent to the FPR Facility, as set forth on Appendix C. Under this Consent Order, the City will be reimbursed for some of its over S1,224,381.78 in response costs and is relieved of its obligations under Section VIII of the AOC to pay EPA's $83,271.88 in oversight costs. The reimbursement to the City under this Consent Order has been reduced to reflect the $24,381.78 owed by the City for the 6,366 gallons of waste oil it sent to the FPR Facility. 18. Attached hereto as Appendix C and incorporated by reference herein is the De Minimis AGE. ND,f, IrE. M.. NO. JAN 2 7 200it pg. ~' 19. 20. 2I. Cost Matrix, which lists the total volume in gallons that each Respondent and the City contributed to the Site, based on records currently available to EPA. The De Minimis Cost Matrix also lists the amount each Respondent must pay to EPA and to the City to settle under this Consent Order. The volume attributed to each Respondent and the City is based on records of the owner or operator of the FPR Facility, records such as spread sheets and driver tickets containing information on how much and from whom waste oil was picked up and delivered to the Site. Based on these sot~rces of information, EPA has determined that each Respondent listed in Appendix A and the City: arranged for disposal or treatment of a hazardous substance owned or possessed by such Respondent or the City, to the Site; or arranged with a transporter for the transport for disposal or treatment, of a hazardous substance owned or possessed by such Respondent or the City, to the Site; or accepted hazardous substances for transport to the Site which was selected by such Respondent or the City. The amount of hazardous substances contributed to the Site by each Respondent and the City is more than 110 gallons but not more than 10,000 gallons of materials containing hazardous substances, and the hazardous substances contributed by each Respondent and the City t° the Site are not significantly more toxic or of significantly greater hazardous effect than other hazardous substances at the Site. EPA estimates that the total response costs incurred and to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund and by private and governmental parties is $14,832,741.81. The payment required to be made by each Respondent pursuant to this Consent Order is a minor portion of this total amount. V. DETERMINATIONS Based upon the Statement of Facts set forth above and on the administrative record for this Site, EPA has determined that: ao The Florida Petroleum Reprocessors Superfund Site is a "facility" as that term is defined in Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). bo Each Respondent is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). The City is a "person" as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). Each Respondent is a "potentially responsible party" under Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1). e. The City is a "potentially responsible party" under Section 107(a) of CERCLA, 42 NO. JAN 2 ? 200z U.S.C. § 9607(a)(1). There has been an actual or threatened "release" of a "hazardous substance" from the Site as those terms are defined in Section 101(22) and (14) of CERCLA, 42 U.S.C. § 9601(22) and (14). The actual or threatened "release" caused the incurr~nce of response costs. Prompt settlement with each Respondent and the City is practicable and in the public interest within the meaning of Section 122(g)(i) of CERCLA, 42 U.S.C. § 9622(g)(1). As to each Respondent and the City, this Consent Order involves only a minor portion of the response costs at the Site within the meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. § 9622(g)(1). The amount of hazardous substances contributed to the Site by each Respondent and the City, and the toxic or other hazardous effects of the hazardous substances contributed to the Site by each Respondent and the City are minimal in comparison to other hazardous substances at the Site within the meaning of Section 122(g)(1)(A)of CERCLA, 42 U.S.C. § 9622(g)(1)(A). VI. ORDER 22. Based upon the administrative record for the Site and the Statement of Facts and Determinations set forth above, and in consideration of the promises and covenants set forth herein, the following is hereby AGREED TO AND ORDERED: VII. PAYMENT 23. To enter into this Consent Order and settle each Respondent's CERCLA liability to the United Siates for the Site, (subject to the Reservations of Rights by the United States in Section XI.), each Respondent must make two separate payrnents, one to EPA and one to the City of Fort Lauderdale. The payment amounts for each Respondent are listed in Appendix C. Payment One shall be made to the "EPA Hazardous Substance Superfund", in the amount set forth in Appendix C, column labeled "PAYMENT TO EPA (75% OF TOTAL)"; and Payment Two shall be made to the "City of Fort Lauderdale, care of City Manager," in the amount set forth in Appendix C, column labeled "PAYMENT TO CITY (25% OF TOTAL)." JAN 2 7 200 // 24. 25. 26. 27. NO PAYMENT IS DUE AT THIS TIME. In apprOximately 90 to 120 days, EPA will send you a separate letter telling you when to make your payments and where to send them. The letter will give you 30 days from the date of the letter to send your two payments to the addresses provided in the letter. The'City shall submit written notice to EPA of the payrnents it has received under this Consent Order within 60 days of the date upon which payments to the City under this Consent Order are due. The City covenants and agrees to make payment to the EPA Hazardous Substance Superfund of all amounts in excess of $1,200,000.00 that the City receives under this Consent Order. The City's payment, if any, shall be submitted within 90 days of the date upon which payments to the City under this Consent Order are due. All payments due under this Consent Order shall be made by certified or cashier's check. Each check shall reference the name and address of the parry making payment, the Site name (Florida Petroleum Reprocessors Site), the Sitd Spill D Number, (A416), and the EPA docket number for this action, (CER 04-2004-3751). Each Respondent's payment includes an amount for: all past response costs incurred at or in connection with the Site; projected future response costs to be incurred at or in connection with the Site; and a premium to cover the risks and uncertainties associated with this settlement. including but not limited to, the risk that total response costs incurred or to be incurred at or in connection with the Site by the EPA Hazardous Substance Superfund, any private party, or any governmental party, will exceed the estimated total response costs upon which each Respondent's payment on Appendix C is based. VIII. FAILURE TO MAKE PAYMENT If any Respondent fails to make full payment within the time required by this Consent Order, that Respondent shall pay Interest on the unpaid balance at the rate specified for interest on investments of the EPA Hazardous Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507, compounded annually on October I of each year, in accordance with 42 U.S.C. § 9607(a). In addition, if any Respondent fails to make full payment as required by this Consent Order, the United States, may, in addition to any other available remedies or sanctions, bring an action against that Respondent seeking injunctive relief to compel payment and/or seeking civil penalties under Section 122(/) of CERCLA, 42 U.S.C. § 9622(/) for failure to make timely payment. NO. ' JAN 2 7 pg. / 28. 29. 30. IX. CERTIFICATION OF RESPONDENTS AND THE CITY By signing this Consent Order, each Respondent and the City certifies, individually, that, to the best of its knowledge and belief, it has: conducted a thorough, comprehensive, good faith search for documents, and has fully and accurately disclosed to EPA, all documents and information currently in its possession, or in the possession of its officers, directors, employees, contractors or agents, which relates in any way to the ownership, operation, or control of the Site, or to the ownership, possession, generation, treatment, transportation, storage or disposal of a hazardous substance, pollutant, or contaminant at or in connection with the Site; bo not altered,, mutilated, discarded, destroyed or otherwise disposed of any records, documents, or other information relating to its potential liability regarding the Site after notification of potential liability or the filing of a suit against it regarding the Site; Co fully complied with any and all EPA requests for information regarding the Site pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. §§ 9604(e) and 9622(e); and accurately disclosed to EPA the amount of response costs it incurred at or in connection with hazardous substances at the Site. This subpara=m'aph d. applies to the City only. X. COVENANT NOT TO SUE BY UNITED STATES In consideration of the payments that will be made by Respondents under the terms of this Consent Order, and except as specifically provided in Section XI (Reservations of Rights by United States), the United States covenants not to sue or take administrative action again'st any of the Respondents pursuant to Sections 106 or 107 of CERCLA, 42 U.S.C. §§ 9606 or 9607, relating to the Site. With respect to present, and future liability, this covenant not to sue shall take effect for each Respondent upon receipt by the United States of that Respondent's payment to the United States as is required by Section VII. With respect to each Respondent, individually, this covenant not to sue is conditioned upon: a) the satisfactory performance by Respondent of all obligations under this Consent Order, including valid certification in Section IX; and b) the veracity of the information provided to EPA by Respondent relating to Respondent's involvement with the Site. This covenant not to sue extends only to Respondents and does not extend to any other person. Except as specifically provided in Section XI (Reservations of Rights by United States), NO. ~ JAN 2 7 201Ft Pg. /_.~ 10 31. 32. the United States covenants not to sue or take administrative action against the City pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, relating to the Site. With respect to present and future liability, this covenant not to sue shall take effect with respect to the City upon the effective date of this Consent Order. With respect to the City, this covenant not to sue is conditioned upon: a) the satisfactory performance by the City of all obligations under this Consent Order, including valid certification in Section IX; and b) the veracity of the information provided to EPA by the City relating to the City's involvement with the Site. This covenant not to sue extends only to the City and does not extend to any other person. XI. RESERVATIONS OF RIGHTS BY UNITED STATES The covenant not to sue by the United States set forth in this Consent Order does not pertain to any matters other than those expressly specified in Section X. The United States reserves, and this Consent Order is without prejudice to, all rights against Respondents and the City with respect to all other matters including, but not limited to: a. liability for failure to meet a requirement of this Consent Order; criminal liability; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; or liability arising from any future arrangement for disposal or treatment of a hazardous substance, pollutant or contaminant at the Site after the effective date of this Consent Order. If information not known to EPA as of the effective date of this Consent Order is discovered which indicates that the volume of waste oil contributed to the Site by any Respondent exceeds the volume which Respondent has certified as accurate under this Consent Order, but where the total amount contributed by such Respondent is less than 10,000 gallons, EPA, in its discretion, may require such Respondent to make payrnent(s) to account for the additional volume. EPA will calculate the additional payment(s) using the same payment formula that was used in determining Respondent's initial payment amount reflected on Appendix C. By signing this Consent Order, each Respondent agrees to pay the additional payment(s) within 15 days of demand by EPA. In the event that any Respondent fails to make the additional payment(s) within 15 days of EPA's demand, EPA may, by written notice to the nonpaying Respondent, void this Consent Order as between EPA and the nonpaying Respondent. In the event that any Respondent fails to make the additional payment(s) within 15 days of EPA's demand, notwithstanding any other provision of this Consent Order, the United States, including EPA, reserves, and this Consent Order is without prejudice to, the right to institute judicial proceedings ll AGENDA IT~_M NO. JAN 2 7 200 Pg. ,/ 33. 34. 35. 36. seeking to compel such nonpaying Respondent to reimburse EPA for a higher share of response costs than such Respondent is paying under this Consent Order. If information not known to EPA as of the effective date of this Consent Order is discovered which indicates that the volume of waste oil contributed to the Site by any Respondent or the City exceeds 10,000 gallons, or which indicates that the hazardous substances contributed by any Respondent or the City are of such greater toxic or other hazardous effects compared to the other hazardous substances at the Site, EPA, in its discretion, may determine that the Respondent or the City, respectively, is no longer eligible for this settlement, and, by written notice to such ineligible party, may void this Consent Order as between EPA and such ineligible party. In such case, notwithstanding any other provision in this Consent Order, the United States, including EPA, reserves, and this Consent Order is without prejudice to, the right to institute judicial or administrative proceedings, including an administrative order, against any Respondent or the City seeking to compel that Respondent or the City to perform response actions relating to the Site, and/or to reimburse the United States for additional response costs at the Site. XII. COVENANTS BY THE CITY AND RESPONDENTS The City and Respondents covenant not to sue and agree not to assert any claims, demands, or causes of action against the United States, or its contractors or employees relating in any way to the Site or this Consent Order, including, but not limited to: any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund based on Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C. §§ 9606Co)(2), 9607, 9611, 9612, or 9613, or any other provision of law: any claim arising out of response activities at the Site; and Co any claim against the United States pursuant to Sections 107, 113 or 123 of CERCLA, 42 U.S.C. §§ 9607, 9613, or 9623 relating to the Site. The City covenants not to sue and agrees not to assert any claims, demands, or causes of action pursuant to Sections 107 and/or 113 of CERCLA, 42 U.S.C. §§ 9607 and 9613, relating to the Site, against any Respondent who complies with the payment terms of this Consent Order. Respondents agree not to assert any claims or causes of action (including claims for contribution under CERCLA) that they may have for all matters relating to the Site against each other or any other person who is a potentially responsible party under CERCLA at the Site. This waiver shall not apply with respect to any defense, claim, or AGE~D.~ ITE~M/~._ No. JAN 2 7 2004 pg. 12 37. 38. cause of action that a Respondent may have against any person if such person asserts or has asserted a claim or cause of action relating to the Site against such Respondent. Nothing in this Consent Order shall be deemed to constitute preauthorization or approval of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. 300.700(d). XIII. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION Nothing in this Consent Order shall be construed to create any rights in, or grant any cause of action to, any person not a Party to this Consent Order. The United States, the City, and Respondents each reserve any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which they may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person not a Party hereto, except as otherwise provided in Section XII of this Consent Order. 39. In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, recovery of response costs, or other relief relating to the Site, the City and the Respondents shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim- splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were or should have been brought in the instant action; provided, however, that nothing in this ?ara~aph affects the enforceability of the covenant not to sue included in Section X. 40. 41. The Parties agree that each Respondent is entitled, as of the date of such Respondent's compliance with the payment terms of this Consent Order, to protection from conmbution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(g)(5), for "Matters Addressed" in this Consent Order. The "Matters Addressed" in this Consent Order are all response actions taken or to be taken, by the United States, the City, other government entities and private parties, and all response costs incurred and to be incurred by the United States, the City, other government entities, and private parties, at or in connection with the Site. The Parties agree that the City is entitled, as of the effective date of this Consent Order, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4), for "Matters Addressed" in this Consent Order. The "Matters Addressed" in this Consent Order are all response actions taken or to be taken, by the United States, the City, other government entities and private parties, and all response costs incurred and to be incurred by the United States, the City, other government entities, and private parties, at or in connection with the Site. 13 AGENDA ITEM NO. JAN 2 7 20att Pg. 42. 43. 45. 46. XIV. PARTIES BOUND This Consent Order shall apply to and be binding upon EPA, the City, the Respondents and their heirs, successors and assigns. Any change in ownership or corporate or other legal status of a Respondent or the City, including but not limited to, any transfer of assets or real or personal property, shall in no way alter such Respondent's or the City's responsibilities under this Consent Order. Each signatory tO this Consent Order certifies that he or she is authorized to enter into the terms and conditions of this Consent Order and to execute and bind legally the party represented by him or her. XV. INTEGRATION/APPENDICES This Consent Order and its appendices constitute the final, complete and exclusive agreement and understanding among the Parties with respect to the settlement embodied in this Consent Order. The Parties acknowledge that there are no representations, agreements or understandings relating to the settlement other than those expressly contained in this Consent Order. The following appendices are attached to and incorporated into this Consent Order: "Appendix A" is [the list of Respondents]. "Appendix B" is [the map of the Site]. "Appendix C" is [the de minirms cost matrix]. XVI. PUBLIC COMMENT This Consent Order shall be subject to a public comment per/od of not less than 30 days pursuant to Section 122(i) of CERCLA, 42 U.S.C. § 9622(i). In accordance with Section 122(i)(3) of CERCLA, 42 U.S.C. § 9622(i)(3), EPA may withdraw or withhold its consent to this Consent Order if comments received disclose facts or considerations which indicate that this Consent Order is inappropriate, improper, or inadequate. XVII. ATTORNEY GENERAL APPROVAL The Attorney General or his designee has approved the settlement embodied in this Consent Order in accordance with Section 122(g)(4) of CERCLA, 42 U.S.C. § 9622(g)(4) and Section 122(h)(1) of CERCLA, 42 U.S.C. § 9622(h)(1), and the Attorney General's authority to compromise and settle claims of the United States. XVIII. EFFECTIVE DATE The effective date of this Consent Order shall be the date upon which EPA issues written AGENDA ITEM JAN 2 7 200t~ Pg. / 7 14 47. 48. notice that the public comment period pursuant to Section XVI has closed and that comments received, if any, do not require modification of or EPA withdrawal from this Consent Order. Each Respondent and the City shall enter into this Consent Order by signing the signature page found at the end of this Consent Order. Signature pages shall be sent to: Andy Hey U.S. Environmental Protection Agency Environmental Accountability Division 61 Forsyth Street S.W. Atlanta, GA 30303 XIX. ACCESS PROVIDED BY THE CITY Commencing on the effective date of this Consent Order, the City shall provide the United States, including EPA, its authorized officers, employees, contractors, representatives, and all other persons performing response actions under EPA oversight, with access at all reasonable times, upon prior written or verbal notice to the City unless impracticable, and in coordination with the City's operations at the Peele-Dixie Wellfield, to such property owned or controlled by the City, for the purpose of conducting any response activity related to the Site, including, but not limited to, the following activities: a. Monitor/ng, investigation, removal, remedial or other related activities at the Site; b. Verifying any data or information submiaed to the United States; c. Conducting investigations relating to contamination at or near the Site; d. Obtaining samples; Assessing the need for, planning, or implementing additional response actions at or near the Site; and f. Assessing compliance with this Consent Order. 15 NO. ~ JAN 2 7 2004 pg. /oC~ IT IS SO AGREED AND ORDERED: IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY By: Date: Rosalind H. Brown, Chief Superfund Enforcement and Information Management Branch Waste Management Division U.S. EPA Region 4 61 Forsyth Street, S.W. Atlanta, Georgia 30303 16 AGENDA ITEM NO. ~/'(~ ]q'~ JAN 2 7 200q Pg. / 9 IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 UNITED STATES DEPARTMENT OF JUSTICE By: Date: Thomas L. Sansonetti Assistant Attorney General Environment and Natural Resources Division United States Department of Justice Room 2143 950 Pennsylvania Avenue. N.W. Washington, D.C. 20530-0001 By: Amy R. Gillespie Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 Date: AGENDA IT~r~ NO. x'"'~' JAN 2 7 200 , Pg. ~.~ 17 IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minirnis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 THE UNDERSIGNED enters into this Consent Order in the matter of Docket number CER 04-2004-3751, relating to the Florida Petroleum Reprocessors Site in Davie, Broward County Florida FOR THE CITY OF FORT LAUDERDAI .E, FLORIDA By: Date: 18 AGENDA ITEM NO. JAN 2 7 200t Pg. IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, FlOrida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 Signature Page for Respondent: Collier County Board of Comrmssioners THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of Docket number CER 04-2004-375 i, relating to the Florida Petroleum Reprocessors Site in Davie, Broward County Florida, and hereby agrees to make the following payments as indicated in Appendix C to this Consent Order: PAYME~ DUE Pawnent to EPA ................................................................... $6,463.12 Payment to City of Ft. Lauderdate ....................................... $2,154.38 FOR RESPONDENT: FOR RESPONDENT: Collier County Board of Commissioners ATTEST: DATE: DWIGHT E. BROCK, Clerk By:. Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Donna Fiata , Chairman MAILING ADDRESS: Collier County, Board of County Commissioners 3301 Tamiami Trail East, Adm. Building, 3rd Floor Naples, Florida 34112 Approved at to form and legal sufficiency: Thomas C. er, Assistant County Attorney AGENDA ITEM .. NO. /~' 7,~ 6, JAN 2 7 200t~ EXECUTIVE SUMMARY PUDEX-2003-AR-4607 JEFFREY A. NUNNER, P.E., OF NUNNER GROUP, LLC, REPRESENTING CLEVELAND CLINIC FLORIDA, REQUESTING A TWO- YEAR EXTENSION OF THE ASTRON PLAZA PLANNED UNIT DEVELOPMENT (PUD), PURSUANT TO LDC SECTION 2.7.3.4.6, FOR A 8.56 ACRE TRACT LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF NAPA BOULEVARD AND PINE RIDGE ROAD 1N THE SOUTHEAST QUADRANT OF THE 1-75 AND PINE RIDGE ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA OBJECTIVE: The objective is to maintain the community's interest if the development time of this PUD is extended for two years. CONSIDERATIONS: Section 2.7.3.4 of the LDC requires the PUD property owner to submit an annual report on the progress of development one year from the date it was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD's approved prior to October 24, 2001, if on the fil:lh year of their adoption the authorized development has not commenced to the thresholds established by Section 2.7.3.4, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. This project was originally a 7.6+-acre project that was re-zoned from Estates CE") to PUD on September 18, 1990, via Ordinance Number 90-69, with professional offices and banks as the primary permitted uses within a project. Building height was limited to 35 feet. An ancillary restaurant was also a permitted use, but it was limited to a maximum of 2,000 square feet. On September 3, 1996, the PUD was amended by Ordinance Number 96-49 to increase the allowable height from 35 feet to 42 feet. On November 24, 1998, the project was changed by Ordinance Number 98-110 which added 0.93 acres to the project to bring the total project size to its current 8.56± acres. That ordinance also allows a more extensive list of uses that includes retail, hotel and motel uses, and Group Care Facilities. That amendment also removed the restaurant size limitation, and increased the allowable height to a maximum of 60 feet. To date, no development approvals, have sought for any portion of the PUD. The applicant did not provide any specific reasons why development has not proceeded in accordance with the PUD limitations, other than to state that development plans have not commenced in a timely enough fashion to meet county PUD sunsetting requirements. G:\Current\Deselem\PUD Extensions~Astron Plaza PUD\EXECUTIVE SUMMARY.doc January 27, 2004 Board Agenda Page I of 5 JAN 2 ? 200~ ~AN 2 ? "~ Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would retain the approvals that were granted in 1998; any changes would require a separate amendment petition request. The land to the west, across Napa Boulevard (shown incorrectly on the aerial photo as Oakes Boulevard) is zoned C-I/T and is developed with medical office uses. To the west is the 1-75 right-of-way. North of the site is the Pine Ridge Road right-of way then the Cleveland Clinic, which is part of The Vineyards PUD. To the south is l0th Avenue Southwest, then single-family homesites zoned Estates. The Astron Plaza PUD document sets forth an increased building setback along l0th Avenue Southwest of 50 feet for any building up to three stories high, and 125 feet for any structure four of five stories high. Staff believes that the project remains generally compatible with the surrounding zoning and land rises, as was determined and limited in the 1998 action. Aerial Photo 17 ~' / / ,0 ASTRON PLAZA , Excerpt from Zoning Map G:\Current\Deselem\PUD Extensions~Astron Plaza PUD\EXECUTIVE SUMMARY.doc January 27, 2004 Board Agenda Page 2 of 5 PINE RIDGE ROAD (C.R. 896) 10 TH AVE. 73 JAN 2 7 200 Consistency with the Collier County Growth Management Plan (GMP) This PUD is located within an Urban Commercial, Mixed Use District, further designated as Interchange Activity Center #10. The GMP states: Interchange Activity Center. 10 allows for a mixture of land uses - which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shaft be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. The rezoning action was deemed consistent with the GMP when the subject site was rezoned to PUD; no changes are proposed to the PUD document or the PUD Master Plan, therefore the PUD remains consistent with the GMP. Consistency with the Collier County Land Development Code (LDC): Section 2.7.3.4. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: The PUD and the Master Plan ia' consistent with the current Growth 2k[anagement Plan, including, but not limited to, density, intensity and concurrency requirements (LDC 3s'2. 7. 4.5.6. 2. a.); and No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC ~'2.7.4.5.6.2. b.); and The most current rezoning in this area was for the tract to the west. The rezoning from "E" to "C-I/T" was adopted on January 13, 1998, which was prior to the adoption of the last action on Astron Plaza PUD. The uses approved in the Astron Plaza PUD remain compatible with existing and proposed uses in the area. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential publicfacilities. Roadway improvements have been made to Pine Ridge Road to accommodate growth along this corridor. The PUD document contains language to address other 'l-' facilities. I ! G:\Current\Deselem\PUD ExtensionskAstron Plaza PUD\EXECUTIVE SUMMARY.doc I JAN 2 ? 200t~ January 27, 2004 Board Agenda Page 3 of 5 I I~.,, Staff Comments: The uses that were approved for this PUD remain compatible ~vith other uses expected to be developed in this area given the GMP Interchange Activity Center designation. The PUD Master Plan depicts one access onto Oakes Boulevard (Napa Boulevard) and no access to Pine Ridge Road or to l0th Avenue Southwest. The PUD Transportation Section in 4.5 includes additional limitations upon this project's access points. In addition, Transportation Planning staff has indicated that an eastbound right mm lane on Pine Ridge Road at Napa Boulevard may be required depending upon the traffic analysis provided when this project submits for site development plan approval. The extension action currently proposed does not address any changes to the Master Plan. Any change to the Master Plan would need to be approved pursuant to LDC Section 2.7.3.5. FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. PLANNING SERVICES STAFF RECOMMENDATION: Staff' recommends that the Board of County Commissioners approve this request to allow the PUD time limit to be extended until November 30, 2005. G:\Current\Deselem\PUD ExtensionsgAstron Plaza PUD\EXECUTIVE SUMMARY.doc January 27, 2004 Board Agenda Page 4 of 5 ' rrr ,,,. /'7pr JAN 2 7 200t PREPARED BY: KAY D~SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: I-I DATE D~p~;,~.%5~~ ~.La'~^ND D~WLOP.~NT ~V,~W Dt:PARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Jp~EPH K. SCHMITT ADMINIST 0 ~,ATE (~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION G:\Current\Deselem\PUD Extensions~Astron Plaza PUD\EXECUTIVE SUMMARY.doc January 27, 2004 Board Agenda Page 5 of 5 JAN 2 ? 20D~ PUDEX-2003-AR-4607 P ROJ ECT #19990307 DATE: 11/17/03 KAY DESELEM APPLICATION FOR PUBLIC HEARING FOR: PUD Master Plan Extension RE-SU BMITTAL Exhibit B Petition No.: Date Received: Planner Assigned: Commission District: 1. General Information: Name of Applicant(s): ABOVE TO BE COMPLETED BY STAFF Cleveland Clinic Florida (A Nonprofit Corporation) Applicant's Mailing Address: City: Weston State: Florida Applicant's Telephone # 954/659-5000 Applicant's E-Mail Address: Name of Agent: Jeffrey A. Nunner, P.E. Agent's Mailing Address: 8113 Lowbank Drive City: Naples State: Florida Agent's Telephone #239/591-1328 2950 Cleveland Clinic Boulevard Zip: 33331 Fax # 954/659-6002 Firm: Nunner Group, LLC Zip: 34109 Fax #239/591-1258 Agent's E-Mail Address: JNunner~swfla.rr.com Revised: 02-03-03 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 Page 1 of 9 JAN 2 ? 200~ Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address No Associations affiliated City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State __ Zip o Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office See attached ownership information Revised: 02-03,-03 Percentage of Stock Page 2 of 9 AOr~qOA I'IT:.M JAN 2 7 200 , If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of O~vnership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Revised: 02-03-03 Page 3 of 9 ACtA I"r~.M ~ 17/3 JAN 2 7 200q pg. ~fi g. Date subject property acquired (X) leased ( ): 9/16/97 Term of lease If, Petitioner has option to buy, indicate date of option: and date terminates: ., or anticipated closing date yrs./mos. option o Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. See Attached survey Section: Township: Range: Lot: Block: Subdivision: Plat Book~ Page #:__ Property I.D.#: 3b Metes & Bounds Description: Size of oroperty: ft. X ft. = Total Sq. Ft. Acres: 8.56+/- Address/general location of subieet property.: The property is located in the southwest corner of the intersection of Napa Boulevard and Pine Ridge Road. The property is located in the southeast quadrant of 175 and Pine Ridge Road. Adjacent zoning and land use: Zoning N ROW S Estates E C-2 W Interstate Land use Pine Ridge Road Residential buffered by l0th Avenue SW Medical office center I75 canal and 175 Revised: 02433-03 Page 4 of 9 /7 JAN 2 7 200q Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). The applicant does not own property contiguous to the subject Section: Township: Range: Lot: Block: Subdivision: Plat Book . Page #: Property I.D.#: Metes & Bounds Description: o Detail to explain extension request: a. Has this Master Plan received any previous extension(s)? YES X NO If YES, please indicate the date of approval(s) County Commissioners' approval. and submit a copy of the Board of b. Was the planned development proposed for two or more phases? YES NO If YES, please provide a copy of the approved phasing schedule. c. Has the Master Plan sunsetted? YES X NO If NO, please indicate the date that it will be sunsetted: November 24, 2003 If YES, please explain why the Master Plan was allowed to sunset: Revised: 02-03-03 Page 5 of 9 JAN 2 ? 200 l PZ. / [ do Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated: Zoning Approval Date Original PUD zoning September 11, 1990 PUD Amendment September 3, 1996 PUD Amendment November 24, 1998 e. Is the extension requested for: X the entire original development, or If for phases, please indicate the phase number(s): phase(s)? f. Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements? The growth management plan identifies this area as an activity center. The property is situated at the southeast quadrant of 175 and Pine Ridge Road interchange. The density component is not applicable to the PUD approved uses. The type of uses previously approved in this PUD are of a type and square footage that is compatible with interchange commercial CI - C5. There has been no change to the activity center to restrict existing allowable uses. go All public facilities are concurrent and provide adequate capacity. Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. A rezone from estates to commercial occurred to property located to the east subsequent the approval of Astron Plaza PUD. This rezone provides addition compatibility. The project is also compatible with other adjoining uses through the internal arrangement of structures. The approved master plan places setbacks compatible with adjacent land uses. Revised: 02-03-03 Page 6 of 9 AC.-~JN~) A rl'E~ JAN 2 7 2OO~ h. Does the development shown on the Master Plan place an unreasonable burden on essential public facilities? Please explain. The master plan did not place unreasonable burden on essential public facilities at time of approval and since then there have been upgrades to the public facilities: · Pine Ridge Road has been widened to 6 lanes. · Utility improvements have also occurred in the service area. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subieet property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. copy of the pre-application meeting notes; bo Ten copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation]; · all existing and proposed structures and the dimensions thereof, Revised: 02..03-03 Page 7 of 9 AGENDA ITEh~ No. /?/~ JAN 2 7 200 1 provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffeting as may be required by the County, SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF pox coPraS REQUm~D R~QmR~D 1. Completed Appfication 12 2. Copy of Approved P~ Ordinance 12 3. Copy of Deed(s) and ~st identi~g ~ne~s) of a~ 2 Pa~em if a Co~omfion 4. Completed Owner/Agent Affidavit, Notated 2 5. Master Plans 12 6. Aedal Photog~ph 2 7. Review F~ $1000.00 1 Data Convemion F~ $15 OT~R ~QU~MENTS: After initial review of the ~quest, staff will detemine what if any additional infomation may be required to substantiate the request. The app~cant' s agent wffi be not,ed. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is include~ in this sub~x~al package. I understand that failure to include all necessary submittal om ion Revised: 02-03-03 Date A~ENOA ITF..M^. ~,. /7t4 Page 8 of 9 JAN 2 ? 200~ P~. /~ Exhibit F AFFIDAVIT I~C H ~ OP~~ ~F~, being first duly ~orn, depos~and sa~hat ~ the o,~er~ of the proper~ d~cribed herein and which is the subject matter of the proposed hearing; that all the an~avers to the questions in this application, including the disclosure of interest information, all s~tches, data, and other su~lementam w~1t~r attached to and made a part of this application, are honest and true ,o the best ~~e~ anti'eX ~n~sta~t~t the ,nformatton requested on this application must be complete and accurate and that the content of this form, whether computer generated or Coun~ printed shall not be altered. Public hearings Mil not be a&ertised untR this application is deemed complete, and aH required information has been submitted. ~ ' A .4s ?.2perty owner ~t~ further authonz~Jef_frey . Nunner, P.E. qf Nunner Group, L.L. C to act as oz,~y representative in any matters regarding this Petition. uSi~~f Property Owne Signature of Property Owner Typed or Printed Nature of Owner Typed or Printed Name of Owner The.foregoing instrument was acknowledged before me this ~[ / day of ~ 1-,_ 7 , 200 o~ , by Fl~4~tt~.. [_O~.$~d~lx40 who is personally known to me ~ State of ~ tS~.o County of Cu[ -Signature of Notary Publi~ ~f ' 0~4 0 PATRICIA A. COGAN Notary Public, STATE OF OHIO MyCommission Expires6/512004 Recorded in Lake County (Print, Type, or Stamp Commissioned Name of Notary Public) G:\Current~Applicatioa FormsXPUD Master Plan Extension.doc PUDEX-2003-AR-4607 PROJECT # 19990307 Revised: 02-03-03 DATE: 8/21/2003 KAY DESELEM Page 9 of 9 A'~J~IOA IT~ No. JAN 2 ? 200 1 pg. /'~' O Exhibit J Date: t~-~.aI-O3 Time:q:~O Agent Name/Firm Name: Project Name: ,/~.~q'g-o ~.3""---~ t..~.'~&.-'-ED OD Applicant's Name: Owner's Name: PUD EXTENSION REQUEST Pre-Application Meeting Notes Phone: Phone( ) Owner's Address: Meeting Attendees: Planner: PUDEX-2003-AR-4607 PROJECT ti 19990307 DATE: 8/21/2003 MEETING NOTES ¥ DESELEM s SUI~HTTAL REQUIREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDITIONAL INFORMATION. ITEM # of Copies [~ Completed Application 12 [~ Copy of Approved PUD Ordinance 12 [~ List identifying Owner(s} and all Partners ifa CorPoration 2 []~ Deed 2 [~ Completed Owner/Agent Affidavit, N&tarized 2 ~ Master, Plans 12 [~ Aerial Photograph 2 []~ PUD Extension Review Fee $1000 + $25 Data Conversion Fee [] ElS Review Fee $1600 Copies of the following: . [~ Complete legal description and signed and sealed Boundary Survey (less than six months old) ~' I copy of completed Addressing Checklist [~ I copy of 8 ~" X 11" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFIC PROJECT: []/X/J~ Traffic Impact Statement (TIS) [-]Ac/~Environmental lmpact Stateme~ []/~l~Other [] t~Other t (EI:,~GENOA ITEM. ~_ /'~ JAN 2 7 200~ P~. / ~ PRE-APPLICATION MEETING SIGN IN SHEET ~roject Name q-'2_q-o Date of Meeting Name Representing Phone # E-mail Address Kay Deselem Current Planning (239) 213-2931 kaydeselem@colliergov.net F:\Pre-Apps\Copy of Pre-App sign in sheet.doc AGENDA IT~^ JAN 2 7 200~ l~etails Page 1 of 1 Folio No.u 38332360008 Current Ownership Property Address~ NO SITE ADDRESS Owner Nameu CLEVELAND CLINIC FLORIDA Ad~he~ses]l 6100 WEST CREEK RD STE 25 c~l INDEPENDENCE I s=tq oH Zipl 44131 - 0000 Legal~ GOLDEN GATE EST UNIT 33 COMM AT NE CNR OF TR 26, SLY 204FT TO POB, CONT SLY 480.26FT, WLY 11 10lOFT, NLY 70FT, CONT NELY & iL s~=.o. I Tow. s.ip I~ Range ~I: Acres I Map No. Sub No. I 337300 ~{~ Use Code ~ 10 GOLDEN GATE EST UNIT 33 VACANT COMMERCIAL Millage Area 101 Strap No. 337300 26 04B17 I 2002 Final Tax Roll Values [ Land Value [~+) Improved Value L (=) Market Value [(--) SOH Exempt Value ~ (=) Assessed Value I (') Homestead and other Exempt Value $ 2,050,197.00 $ 0.00 2,050,197.00 $ 0.00 2,050,197.00 $ 0.00 I (=) Taxable Value $ 2,050,197.00 $OH = "Save Our Homes" exempt value due to cap on assessment increases. Date I~ 101 1997 1~ 09/~,95,, II [ 10/1990 U Latest Sales History Book-Page 2351 -1234 2095-2061 .. 1564-15 Amount $ 0.00 $ 2,500,000.00 $ 1,400,000.00 The Information is Updated Weekly. http://www.coltierappraiser.com/Rec°rdDetail'asp?F°li°ID=0000038332360008 AGENDA No. JAN 2 7 200~ Pc. / ~/29/2003 ,aDDRESSING CHECI~LIST Plea~ complete the following and submit to the Addressing Section for Review. Not all items will al~ly to every proje~L Items in bold .ty0e are require~. Legal. .of sub, jeet property or properties (cop), of lengthy description may be attached) 1. description 2. Folio (property ID)~number(s) of above (o#o~ to, or asso¢iote wit& l~M description ~f more than one) 3. Street addre~ or addxezses (as appl/cable~ if already assigned) 4. Loeation map, showing exact location ofprojecffsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 8. Site D.zvelopmeat Plan Numbm' (FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. Petition Type - (Co-~plete a separate Addressing Checklist for each Petition Type) 10. [] SDP (Site Development Plan) [] SDPA (SDP Amendment) [] SDPI (SDP Insubstantial Change) [] SIP (Site Improvement Plan) [] SlPA (sa, Amendmen0 [] SNR (Strv~ Name Change) [] Vegetation/Exotic (Veg. Removal Permits) E] PPL (Plans & Plat Review) [] PSP (Preliminary Subdivision Pla0 [] FP (Final Plat) [~] LLA CLot Line Adjustment) [] BL (Blasting Permit) [] ROW (Right-of-Way Permit) [~] EXP (Excavation P~nnit) [~ Land Use Petition (Variance, Conditional Use, [-] VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) . ~1 oth,r- Des~,~: 'f'u ~> 4-; ~,~- l; ~ ~ e ~. a.~ ,~ s, v~ Project or development names proposed for, et already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: [~Checklist is to be Faxed Back [--] Personallz Picked Up 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further l~-view by tl~ Addressing Section. , FOR STAFF USE ONLY Pr/mary Number Addre~ Numbm' Address Number Approved by Date R~ised 3-21-01 JAN 2 7 200~ SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name .of The Astron Plaza PUD. 1.2 LEGAL DESCRIPTION. The subject property being 8.56 acres, is described as: Descriptionof land surveyed being a part of Tract 10, Tract 25, and Tract 26 of Golden Gate Estates, Unit No. 33 (P.B.6, Page 70), Collier County, Florida, Containing 7.63 acres more or less as follows: All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida: LESS AND EXCEPTING therefrom the parcel described as Parcel 138 in Official Records Book 850, Page 1597, Public Records of Collier County, Florida; subject to easements and restrictions of records; containing 1.59 acres more or less; All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 113-R in Official Records Book 970, Page 705, Public Records of Collier County, Florida; subject to easement and restrictions of record; containing 2.94 acres more or less: All that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 139 in Official Records Book 850, Page 1598, Public Records of Collier County, Florida; subject to easements and restrictions of record; containing 3.10 acres more or less. The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 33, recorded in O.R. Book 2224, Page 998, Collier County, Florida. ' AGENOAITEM A." 1 JAN 2 7 200q P Ii D 9 (] ^GE.~^ ~T~'~' JAN 2 7 200~ ~ p~. ~/ j AGF. N~ JAN 2 ? Pg. May-08-03 04:42P 05/88/2~3 14:35 Cleveland Clinic Florida 954 65g 61gg P.06 1216445.4377 PATRICIA JEhI<INS PAGE ~6 CON IDENIB[ GI. EVELAND GLINI~ FLORIDA (A Nonprofit Corl>oratmn) (Thl~ im the full 2950 Cleveland Clinic Bou~v~O We~ton. Florida 33331 al.b.a.'s: 1. Cleveland Cllntc Rod;la (filed 5/9/99) 2O02 Offk:~m Trustees (Ju~, 22, See Cun~n[ Executive Comm~ee, CCF The Cleveland Clinic Foundation L~sI li~mbem Annual Meeting: IAml Trtmt~es Annual Meeting: July 22, 2002 July 22. 2002 State/Type: Federal Ta~ Exemption Status: Artlclem of Inoorporation Filed: Arnenc~ t~ Ar~ Adopted: Code of Reguletlone Adopted: Amendme~ls to Regulations: Florida, Nonprofit ~)1(c)(3) 7113/1987 6/18/1987 Federal I.D. No,: Charter NO.: S~lutory Agent: 65-00O3177 N21536 Andrew ~ervlce Corl~:~atton of Florida PUDEX-2003-AR-4607 PROJECT # 19990307 DATE: 8/21/2003 KAY DESELEM Exhibit D AGENOA ~.M~ JAN 2 7 200 ~ay-OB-03 04:41P Cleveland Clinic Florida 954 659 6199 05/I)B/20B3 14:35 12164454377 PATRICIA JE],m<Ih~ PAGE 82 P.02 -"--" '"--- il CleveMnd ~ i'lorlaa, · FJOFtt~ ool-ror-J~)m cq~poxm~n, wm2u~ ~ m_[~.~ ............ Prmkh 333 ..... c~eo me and ~ beJn. )0~d mp~scnmdvc, and ~--ism of tndividuils, and ~b~ succenors mn ~, · t&'HElqEA=q, ~ mck]lowlcdsmJ thlf it acquired IMc to the Property on hem of Orant~. wi~ ~ s f'm~. ' I WI'i'NE~TH: 'l~t i~ Ormn~0 for mad ~ ~~ o! t~ ~ of T~ 1~, S~ Exhibit 'A' attncbed I~w ~ ~ · pan be~q~of. of tn im~y~,all dz m. I:tCrud'i'ta'uwnts &nd 'll:~urtenancl~ tl~ret° b'el°n~ling TO PAVE AND TO HOID, the m m fee simple fo~vc~. Easmncnt fro' &'t~fle tncdlO~ to me tmtm o~ c.ounty L:on:mussmng:~ m q..om~[ c.ounpy, t~]or~da ex~a~d Af~ 22. 1~)6, Exhibit E PUDEX-2003-AR-4607 PROJECT # 199903~ 17 DATE: 8/21/2003 KAY DESELEM ^o~o,,, ,~ JAN 2 7 M'ay-O8-O3 O4:41P Cleveland Clinic Florida g54 55g 6199 05/08120B3 14:35 1216445q377 PATRICIA ~[~ P~ 83 .. ,' OR: 2351 ~: 1235 · XHI)IT 'A' All t~t ~rC o£ ~act 10, ~0~1~ ~ z~rAT~, UNIT SO. 33, according to eh~ Plat in Plat Book 7, Pa~e gO, Public ~eco~d~ o£ dom~b~! a, ~a~cel 138 ~n O~£Lc[al ~cords ~ook 850, ~age 15~7. v~ 2, P.03 ^C, EN~A ~.. /TN JAN 2 7 200~ ~ay-O8-03 04:42P Cleveland 05f ~/2~03 14:35 121644§4377 Clinic Florida 954 659 6199 PATRIC[A ,)Ehl([h~ PAGE B4 P.04 AGENOA ITEM~ ~o. /7~ JAN 2 7 200~ May-08-03 04:42P 85/88/2883 14;35 Cleveland Clinic Florida g54 659 6199 12164454377 PAIRICIA JEllieS C]~TntlCATION O!{' R~OLUTIONS AIK)~ BY DIR~CrOR~ O[{' A. NDREW SRRVlCIE CORPORkTION OF FLORXDA, I hereby ce~ify that tl~ Board of Directors of Andrew Service Corporation of Florida. A Floridn coq~oratlon (the "Corporation"), purmant I~ the requimmenU of 'tl~ A~icles of incorpor~lon ~d the By'~aws of said ~on. has duly .dopted thg followin~ 'BB IT RI~OLVED u'~at tim Corpotntion'm acquisition of th~ re. al property deacrib~d on Exhibit A anach~ i~rem (the 'Prop.~"), .~ nominee and a~nt of Cleveland Clint~ Florida (m non-profit corl~oraflon), be and the same 1~ hereby ratified tnd confirmed. RI~OLVED. FURTHER, ~ Corporation by and thn~ ils Vlc~ President, Oeor~e R. lhny, on behalf of th~ Corporation, tm ~uthoriz~d to conv~y th~ Propmy to Cleveland Clinic Florida (a non-profit corporntton) wifl~out considc, utton and, in conn~c~on ~er~wlth. to ex.'ute ntl insmmmnta r~lui~d on behalf of tl~ Corpora~on (CORPORATB SEAl.,) S'I'ATI~ OF OltlO ) )sS: COUNTY OF CUYAHOGab JAN 2 1 200~ NUNNER GROUP Engineering Services August 14, 2003 Kay Deselem, AICP Principal Planner Community Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Exhibit A Re: Astron Plaza PUD Extension Dear Ms. Deselem: Please find enclosed our application and all associated documentation required for a two year extension of the Astron Plaza PUD pursuant county Ordinance 2003-01. Ordinance 98 - 110 created the Astron Plaza PUD containing 8.56 acres located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East in Collier County, Florida. Astron Plaza PUD was approved by the Board of County Commissioners on November 24, 1998 and was subject to a 5 year time period. The property is owned by the Cleveland Clinic Florida and plan to develop some type of accessory / complimentary use to their clinic and hospital facility located directly across Pine Ridge Road. The Clinic development plans for this site have not progressed to a point that will meet the county requirements for development and the zoning is therefore subject to expiration on November 24, 2003. This application is a request for a two-year time extension fi-om November 24, 2003 to November 24, 2005 pursuant procedure as described in the Ordinance 2003 - 01 section 2.7.3.4.6. A pre - application meeting for this request was completed on April 29, 2003. The following issues were determined as follow - up to items discussed at the meeting. 1. It was determined by Linda Bedtelyon subsequent the pre - application meeting that no associations are affiliated with this petition. It has also been determined that this petition is not required to comply with Neighborhood Information Meeting requirements. The addressing checklist is therefore not required. 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 PUDEX-2003-AR-4607 PROJECT # 199 :~,3;57AC, ENOA ITE~ DATE: 8/21/200. ~. / 7 fl KAY DESELE1V JAN 2 7 200~, NUNNER GROUP Astron Plaza PUD August 14, 2003 Page 2 of 3 o The owner has informed me that their have not been any land transfers or easements granted since the original rezoning. The original survey is in good condition therefore it is determined that a new survey is not required. Four copies of this survey are provided including boundary survey and legal description. (Exhiba J) 4. The enclosed review fee is $1000 plus a $15 data conversion fee. (Exhibit K) All of the required information is enclosed with the appropriate copies as listed on the attached exhibit checklist and identified as exhibits A through L. The requirements below are the basis of the extension: The PUD and the master plan are consistent with the current growth management plan; the development has not become incompatible with existing and proposed uses in the surrounding area; and the development will not place an unreasonable burden on essential public facilities; The growth management plan identifies this area as an activity center. The property is situated at the southeast quadrant ofi75 and Pine Ridge Road interchange. · The density component is not applicable to the PUD approved uses. The type of uses previously approved in this PUD are of a type and square footage that is compatible with interchange commercial C 1 - C5. There has been no change to the activity center to restrict existing allowable uses. All public facilities are concurrent and provide adequate capacity. A traffic signal has since been installed at the intersection of Pine Ridge Road and Oaks Blvd. Pine Ridge Road has also been expanded to 6 lanes · A rezone fi.om estates to commercial (Pena Surgery Center) was approved to property located to the east subsequent the approval of Astron Plaza PUD. This rezone provides addition compatibility. · The project is also compatible with other adjoining uses through the internal arrangement of structures. The approved master plan places setbacks compatible with adjacent land uses. A C-~.ND A ITEI~ J/ N 2 7 200 NUNNER GROUP Astron Plaza PUD August 14, 2003 Page 3 of 3 Thank you for your assistance in this matter and please contact me if you have any questions or need any additional information. Sincerely, CC: Frank Lordeman Dr. Estes Lee Ann Liska Robert Secrist Bishr Sakkal NUNNER GROUP Astron Plaza PUD Exhibit Checklist August 14, 2003 Item Copies Exhibit Cover Letter 12 A Completed Application 12 B Copy of Approved PUD Ordinance 12 C List identifying Owners i partners of corporation 2 D Deed 2 E Completed Owner ! Agent Affidavit, Notarized 2 F Master Plan 12 G Aerial Photograph I H 8 ~/~ "X 11" location site map I I Pre- Application meeting notes 12 J Review Fee $1000, Data Conversion Fee $15 1 K Boundary Survey 4 L JAN 2 7 2004 $ / NUNNER GROUP Engineering Services PUDEX-2003-AR-4607 P ROJ ECT #19990307 DATE: 11/17/03 KAY DESELEM RE-SUBMITTAL August 14, 2003 Amended: November 12, 2003 Kay Deselem, AICP Principal Planner Community Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Exhibit A Re: Astron Plaza PUD Extension Dear Ms. Deselem: Please find enclosed our application and all associated documentation required for a two year extension of the Astron Plaza PUD pursuant county Ordinance 2003-01. Amended pages 4, 5 and 6 from the original application are included that provide the requested information pursuant your September 17, 2003 review letter. Ordinance 98 - 110 created the Astron Plaza PUD containing 8.56 acres located on the south side of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East in Collier County, Florida. Astron Plaza PUD was approved by the Board of County Commissioners on November 24, 1998 and was subject to a 5 year time period. The property is owned by the Cleveland Clinic Florida and plan to develop some type of accessory / complimentary use to their clinic and hospital facility located directly across Pine Ridge Road. Following is a history of the zoning for this site: Original PUD zoning PUD Amendment by Cleveland Clinic PUD Amendment by Cleveland Clinic September 11, 1990 September 3, 1996 November 24, 1998 The Clinic development plans for this site have not progressed to a point that will meet the county requirements for development and the zoning is therefore subject to expiration on November 24, 2003. This application is a request for a two-year time extension from November 24, 2003 to November 24, 2005 pursuant procedure as described in the Ordinance 2003 - 01 section 2.7.3.4.6. A pre - application meeting for this request was completed on April 29, 2003. The following issues were determined as follow - up to items discussed at the meeting. 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 No. / JAN 2 7 200 NUNNER GROUP Astron Plaza PUD August 14, 2003 Page 2 of 2 Amended: November 12, 2003 It was determined by Linda Bedtclyon subsequent the pre - application meeting that no associations are affiliated with this petition. It has also been determined that this petition is not required to comply with Neighborhood Information Meeting requirements. The addressing checklist is therefore not required. '. The owner has informed me that their have not been any land transfers or easements granted since the original rezoning. The original survey is in good condition therefore it is determined that a new survey is not required. Four copies of this survey are provided including boundary survey and legal description. (Exhibit J) 4. The enclosed review fee is $1000 plus a $15 data conversion fee. (Exhibit K) All of the required information is enclosed with the appropriate copies as listed on the attached exhibit checklist and identified as exhibits A through L. The requirements below are the basis of the extension: The PUD and the master plan are consistent with the current growth management plan; the development has not become incompatible with existing and proposed uses in the surrounding area; and the development will not place an unreasonable burden on essential public facilities; The growth management plan identifies this area as an activity center. The property is situated at the southeast quadrant ofi75 and Pine Ridge Road interchange. · The density component is not applicable to the PUD approved uses. The type of uses previously approved in this PUD are of a type and square footage that is compatible with interchange commercial C1 - C5. There has been no change to the activity center to restrict existing allowable uses. All public facilities are concurrent and provide adequate capacity. A traffic signal has since been installed at the intersection of Pine Ridge Road and Napa Blvd. Pine Ridge Road has also been expanded to 6 lanes AGENDA ITEM JAN 2 7 200 NUNNER GROUP Astron Plaza PUD August 14, 2003 Page 3 of 3 Amended: November 12, 2003 An updated Traffic Impact Statement TIS is included as requested in September 17, 2003 review letter. The updated TIS finds that the eastbound right turn lane on Pine Ridge Road at Napa Bird is not warranted at this time. However it may be required in the future depending on the final use of the property. It is recommended that the TlS be further updated at time of site development plan to adjust final uses and to provide improvements as necessary. · A rezone from estates to commercial (Pena Surgery Center) was approved to property located to the east subsequent the approval of Astron Plaza PUD. This rezone provides addition compatibility. · The project is also compatible with other adjoining uses through the internal arrangement of structures. Thc approved master plan places setbacks compatible with adjacent land uses. Thank you for your assistance in this matter and please contact me if you have any questions or need any additional information. Sincerely, je~e/A~. N~~er, P.E. CC: Frank Lordeman Lee Ann Liska Robert Secrist Bishr Sakkal NUNNER GROUP Engineering Services November 12, 2003 PUDEX-2003-AR-4607 PROJECT #19990307 DATE: 11/17/03 KAY DESELEM RE-SUBMITTAL Kay Deselem, AICP Principal Planner Community Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: PUDEX - 2003 - AR - 4607, Astron Plaza Dear Ms. Deselem: Please f'md enclosed the following revised and additional information as requested in your September 17, 2003 review letter to me regarding the above referenced application. 1. Updated Traffic Impact Statement. (4 copies) 2. Revised application pages 4, 5 and 6. (12 copies) 3. Revised introductory letter / narrative statement. (12 copies) Thank you for your assistance in this matter and please contact me if you have any questions or need any additional information. Sincerely, Jeffrey A. Nunner, P.E. CC: Frank Lordeman Lee Ann Liska Robert Secrist Bishr Sakkal 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 NUNNER GROUP Engineering Services PUDEX-2003-AR4607 P ROJ ECT #19990307 DATE: 11/17/03 KAY DESELEM RE-SUBMITtAL Updated Traffic Impact Statement For Astron Plaza PUD Prepared For: Cleveland Clinic Florida 2950 Cleveland Clinic Boulevard Weston, Florida 33331 November 2003 Prepared by: Nunner Group, L.L.C. p.~. N~"A. Nunner, P.E. umber 45336 Date 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 A~A ITEMA JAN 2 ? 200~ ! ! b · · · · B NUNNER GROUP Engineering Services Updated Traffic Impact Statement For Astron Plaza PUD Table of Contents II. IH. Introduction and Summary Proposed Development Area Conditions IV. Projected Traffic V. Results VI. Recommendations VII. List of Exhibits JAN 2 7 200/~ VII. List of Exhibits Exhibit 1 2 3 4 Description Location Map Traffic Distribution Map Link Analysis Intersection Analysis I. Introduction and Summary Astron Plaza PUD Ordinance 98 - 110 contains 8.56 acres located on the south sid~ of Pine Ridge Road and the north side of 10th Street S.W. in Section 17, Township 49 South, Range 26 East in Collier County, Florida. A location map is contained in Exhibit 1. Astron Plaza PUD was approved by the Board of County Commissioners on November 24, 1998 and was subject to a 5 year time period. The property is owned by the Cleveland Clinic Florida. The property is currently in the process of extending the PUD zoning and an updated Traffic Impact Statement is required as part of the PUD extension process. The purpose of this updated TIS is to update the last TIS completed for the property dated July, 1990 and to confirm that the proposed development will not have an adverse impact on the local road network. II. Proposed Development The PUD allows for several uses although the owner has not determined the ultimate use for the property. For the purposes of this study the build out of the property will include 110,000 SF of professional office space. This is consistent with the July, 1990 TIS. The horizon year for the project is assumed to be 2 years or year 2005. IlL Area Conditions The property is currently undeveloped and abuts Pine Ridge Road a six lane divided principal arterial. Access to the site will be by Napa Blvd., which is located at the east property line of the PUD. Traffic distribution was obtained fi.om the last TIS and by general knowledge of the area as it has developed. A map depicting traffic distribution is included in Exhibit 2. AGE~A ITE.~. - J,~, N 2 7 200~ IV. Projected Traffic The following table summarizes the estimated trip generation resulting from the project at build - out assuming 110,000 SF of professional office space. The rates are based upon the Institute of Traffic Engineers (ITE), Trip Generation, 6m Edition for use 710 - General Office Building: Land Use AWDTE 110,000 SF of General Office Building Daily 1,211 (11.01 / 1000 8F) PM Peak - Hour 164 (1.49 / 1000 SF) In 21 Trip Generation Weekday PM Peak Hour Out ITotal 164 143 V. Results This updated report analyses the roadway links and intersections impacted by the proposed development. The results of these analyses are listed below. Link analysis: The links east and west of the project each fell below 3% impact when comparing the peak hour project trips to the capacity of each road. way segment. The following links were analyzed: Roadway: Pine Ridge Road Segments: West of Napa Blvd. East of Napa Blvd. These results are shown in Exhibit 3. AGENDA ~eJVI3 / . ~,r~ Intersection Analysis: The intersection analyses was completed for the following intersections: · Pine Ridge Road / Napa Blvd. · Pine Ridge Road / Logan Blvd. · Pine Ridge Road / I - 75 East The analysis used a horizon of 2 years. The background traffic was provided by Collier County Transportation for 2002. An increase of 5% was applied to each year to the horizon year to determine the background traffic. The project-generated traffic was then added to the background traffic to determine the level of service for each intersection. This level of service was then compared to the level of service generated by the horizon year background traffic without the project impacts. The following were the horizon year level of service at each intersection: Intersection Pine Ridge Road / Napa Blvd. LOS w/out project LOS w/project C C Pine Ridge Road / Logan Blvd. D D Pine Ridge Road / I - 75 East C C These results were obtained using HCS 2000 computer program. The results of each of these intersections are contained in Exhibit 4. The timing increase of each intersection was also reviewed and was within allowable range that did not warrant additional improvements. VI. Recommendations The following recommendations are based on the above results: Update TIS at time of site development plan to confirm assumed uses. AGENDA ITEM/~ ~ JAN 2 7 200q ORDINANCE 90-_6_q___ AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 49-26-3; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASTRON PLAZA FOR A COM]tERCIAL OFFICE PARK ON PROPERTY BORDERED TO THE NORTH BY PINE RIDGE ROAD (C.R. 896), TO THE EAST BY OAKS BOULEVARD, TO THE SOUTH BY 10TH STREET S.W. AND TO THE WEST BY THE D-2 CANAL, LOCATED IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.6± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Pamela S. Mac'Kie of Cummings & Lockwood, representing Astron Development of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTY-ON ONE: The Zoning Classification of the herein described real property located in Section 17, Township 49 South, Range 26 East, Collier County, F~orida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the PUD document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official zoning Atlas Map Number 49-26-3, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: September 11, 1990 ATT'EsT: JAMES C. GILES, CLERK · - APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORI E C'"']ASSISTANT C6UtiTY ATTOR~IEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed wi~h 5ecretor'v of Stafe's O~fice fi ng~teceiv~ this:~day ' AGENDA ITE~Iv~ ~ /'1 1 JAN 2 7 200 ASTRON PLAZA A PLANNED UNIT DEVELOPMENT PROJECT SIZE AND LOCATION: 7.6 ACP. ES LOCATED IN SECTION 17, TOWNSHIP 49 SOUTH, P. ANGE 26 EAST COLLIER COUNTY, FLORIDA FOR: ASTRON DEVELOPMENT OF NAPLES, INC. 800 LAUREL OAK DRIVE, SUITE 203 NAPLES, FL 33963 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 33942 CEC FILE NO. 90.117 REVISED DATE: AUGUST 15, 1990 PUBLIC HEARINGS: EAC: WMAB:' CCPC: BCC: 9/11/90 ORDINANCE NUMBER:.90-69 EX/q!B IT "A" A~A ITEM JAN 2 7 200 INDEX Executive Summary & Statement of Compliance SECTION I - 1.1 1.2 1.3 1.4 SECTION II - 2.1 2.2 2.3 2.4 2.5 SECTION III - 3.1 3.2 SECTION IV - 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 PROPERTY OWNERSHIP AND DESCRIPTION Legal Description Property Ownership General Description of Project Area Physical Description PROJECT DEVELOPMENT General Project Development and Land Use Project Plan Project Phasing Site Development Plan Approval PERMITTED USES AND STANDARDS Permitted Principal and Accessory Uses Development Standards DEVELOPMENT CO~ITMENTS General Streets Water Management Regulations Utilities, Water, and Wastewater Utilities, Power, Telephone and CATV Solid Waste Management Environmental Regulations Subdivision Standards Transportation Stipulations EXHIBITS Conceptual PUD Master Plan, 8-1/2" x 11" - Exhibit "A" Typical Roadway Section, 8-1/2" x 11" - Exhibit "B" Paoe I-1 I.-2 I-2 I-2 II-1 II-! II-2 II-2 II-2 III-1 III-1 IV-1 IV-1 IV-2 IV-3 IV-5 IV-6 IV-~ IV-7 IV-8 JAN 2 7 200% EXECUTIVE SUM~3~RY The purpose of this document is to set forth the permitted uses and regulations for Astron Plaza, a Planned Unit Development intended to provide office facilities to the professional community. By submittal of this document, the Petitioner is requesting to rezone 7.6 acres from Estates (E) to a Planned Unit Development (PUD). Subject property'is included in the Pine Ridge/I-75 activity center as set forth in the newly adopted Collier County Growth Management Plan. Astron Plaza will utilize the existing vegetation and other native species within a thirty (30) foot landscape buffer on the south property line. This buffer will maintain the integrity of the neighborhood to the south. Access to the project will be limited to Oaks Boulevard. Astron Plaza will consist of four parcels. One parcel will initially be utilized for an interim wastewater treatment plant that will be decommissioned at such time as County sewage collection becomes available. STATEMENT OF COMPLIANCE This project is in compliance with the goals and objectives of the Growth Management Plan as defined by the Future Land use Element. The Future Land Use Element designates the subject area as the southeast corner of the Interstate Activity Center. Th~ p~rmitted uses in this project are allowed within Activity Centers. Development standards provided herein will ensure compatibility with surrounding developments. , All improvements shall be in compliance with applicable regulations. Access to the site shall be limited so as to limit adverse impacts on th~ highway network and to ensure safe ingress/egress. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1..% LEGAL DESCRiPTiON Description of land surveyed being a part of Tract 10, Tract 25 and Tract 26 of Golden Gate Estates, Unit No. 33 (P.B. 6, Page 70), Collier County, Florida, containing 7.63 acres more or less as follows: Ail that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom the parcel descried as Parcel 138 in official Records Book 850, page 1597, Public Records of Collier County, Florida; subject to easements and restrictions of records; containing 1.59 acres more or less; All that part of. Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70,' Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel l13-R in Official Records Book 970, Page 705, Public Records of Collier County,. Florida; subject to easements and restrictions of record; containing 2.94 acres more or less: AND All that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier. County, Florida; LESS AND EXCEPTING therefrom that parcel described as P~rcel 139 in Official Records Book 850, Page 1598, Public Records of Collier County, Florida; I-1 JAN 2 7 200 t subject to easements and restrictions of record; containing 3.10 acres more or less. 1.2 PROPERTY OWNERSHIP ~he subject property is currently under the ownership of The Vineyards Interchange Partnership, . A Florida General Partnership consisting of the following: Ross W. McIntosh, Trustee Scott M. Pritchard S.W. Pritchard Jr. and Beatrice H. Pritchard Husband and Wife as an Estate by the Entirety Donald A. Gerth and Elizabeth C. Gerth Husband and Wife as an Estate by the Entirety 1391 Third Street S. Naples, FL 33940 4861 12 Avenue SW Naples, FL 33999 Rt. 2, Box 741 Arcadia, FL 33821 27721 Forrester Dr. SW Bonita Springs, FL 33923 1.2 GENERAL DESCRIPTION OF PROJECT AREA 1.3 .1 The project site contains 7.63 acres located in Section 17, Township 49 South, Range 26 East, Collier County, Florida. Said parcel is bordered to the north by Pine Ridge Road, to the east by Oaks Boulevard, to the south by 10th Street SW and to the west by' the 1-75 Canal adjacent to Interstate 75. 1.3.2 The current zoning classification of the property is E - Estates District. I-2 ^C, ENOA /'7 ;'1 JAN 2 7 200zt 1.4 PHYSICAL DESCRIPTION The physical characteristics of the site include a minute parcel of scrub cypress to the northeast (0.~ acres) with the majority of the site being upland consisting mainly of the following species: CA/qOpy . slash pine Pinus elliotti _. cypress Ta×odium distichum cabbage palm Sabal palmetto SUBCANOPY wax myrtle dahoon holly Brazilian pepper winged sumac strangler fig staggerbush Myrica cerifera Ilex cassine Schinus terebinthifolius Rhus cooallina Ficus aurea Lvonia ferrucine~ GROUND COVER, INCLUDING EPIPHYTES AND VINES bamboo vine common air plant spanish moss sedge ......... bog buttons broom sedge love vine caesar weed poison ivy muscadine grape tickseed reindeer lichen conradina finger grass golden polypody Smilax !aurifolia Tillandsia fasciculata Tillandsia usneoides Cv~erus stricosi$ Lachnocaulon spp. ~ndroooqon clomeratus Cassvtha filiformis Urena lobata Toxicodendron radican~ Vitis rotundifoli~ Coreoosis cladiat~ Cladonia spp. Contadina canescens Chloris petraea Phlebodium aureum Elevations within the project range from approximately 11.0 feet N.G.V.D. to 12.0 feet N.G.V.D. Existing drainage is to the west to the 1-75 canal. Native soil types in the area are Keri fine sand, Arzel! fine sand, and Charlotte fine sand. Soil characteristics were derived from the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture in 1954. I-3 AC..~d~A I~ I JAN 2 7 200 SECTION II 2.1 PROJECT DEVELOPMENT ~ENERAI. Regulations for development of Astron Plaza shall be in accordance with the contents of this PUD Ordinance, and the Collier County Zoning Ordinance, with exceptions as approved by this ordinance. 2.2 Ail terms shall be as defined in the "Collier County Zoning Ordinance,, unless otherwise noted. .PROJECT DEVELOPMENT AND LAND USE Ail necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance 6f all service utilities. The petitioner or any subsequent owners shall provide for maintenance of any common open space, drainag? facilities, lakes, recreational areas, natural areas or any other amenities associated with the proposed development. Prior to completion of the project all commitments in this PUD document shall be met by the developer or his designee. If certain commitments are to be met during the final phase of construction, adequate provisions shall be established to assure that all commitments are met by the developer or his designee at the time of completion of this project. II-1 JAN 2 7 200 p~. ~'d/), 2.2.2 Any variation in the master plan under this section shall be pursuant to all the Development Regulations as outlined in Section 3.2 of this PUD Document and subject to 7.27j of the Zoning Ordinance 82-2. PROJECT PLAN Astron Plaza PUD Master Plan, Exhibit "A", constitutes the PUD Master Plan. PROJECT PHASING 2.5 Specific project phasing is not anticipated for Astron Plaza. Project buildout will be dictated by market demand. SIT~ 'DEVELOPMENT PLAN APPROVAL Prior to the recording of the Record Plat, final plans of the required improvements and buffering shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the P.U.D. Master Plan, The Subdivision ~[aster Plan, .the County Subdivision Regulations ~nd the platting laws of the State of Florida and utility regulations. 2.5.1 The developer of any tract or parcel subsequent to subdivision shall be required to submit and receive approval of a site development plan in conformance with the requirements established within Section 10.5 of the Zoning Ordinance. II -2 .}AN 2 ? 200 SECTION III PER/~ITTED USES AND STANDARDS 3.1 PERMITTED PRINCIPAL AND ACCESSORY USES No building or structure, or part thereof, shall be erected, a~tered or used, or land used in whole or part, for other than the following. 3.1.1 · Permitted Principal Uses and Structures Tracts 1, 2, 3 and 4 a. Drive-in bank or financial institution. b. Offices, business and professional, including a restaurant not to exceed 2,000 sq. ft.; advertising and' outside signage shall not be permitted for a restaurant. c. Day care center. d. Interim wastewater treatment facility (Tract 3 only). e. Open space. f. Water management facility and essential services~ road, water, sanitary sewer, etc. 3 .1.2 Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses will be allowed. 3.__~2 .DEVELOPMENT STANDARDS The development standards provided herein apply to Tracts 1 through 4 unless specifically noted otherwise. There will be no more than 4 tracts, with a maximum floor area not to exceed 110,000 square feet. !. Minimum Lot Area_- Thirty-nine Thousand"(39,000) SF 2. Minimum Lot Widt______~h - One Hundred Fifty (150) feet III-1 AGENDA IT~ 4. JAN 2 7 2004 P,. .2.1 5o Minimum Yard Requirements (a) Front Yard - fifteen (15) feet from the internal road right-of-way or road easement . line. (b) Side Yard - one-half (1/2) of building height with a 10' minimum. (c) Building setback from the Pine Ridge Road and Oaks Boulevard right-of-way - Twenty-five (25) feet. (d) Building setback from the 1-75 Canal easement - ~enty-five (25) feet. (e) Building setback from 10th Avenue SW right-of- way - Fifty (50) feet. Distances Between Principal Structure~ - Fifteen (15) feet or a distance equal to one-half (1/2) the sum of the building heights, whichever is greater. Maximum Height - Thirty-five (35) feet. Minimum Floor Area of Princioal Structure: One Thousand (1,000) square feet per building on the ground floor. The prgposed on-site wastewater treatment and dispcsa~ facilities are to be constructed as part of the proposed project and shall be regarded as interim. They shall be constructed to Local, State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide sewer service outside the development boundary approved by the County without written consent of the Coun~. Tract 3 will be reserved for an interim on-site 'wastewater treatment facility. This tract of land will III-2 AGEN[:)A ITEM~_..~ ! JAN 2 7 200 Pg' i revert to the permitted principal uses when the wastewater treatment facility is decommissioned. Wastewater Treatment Plant (WWTP) Development Standards: (a) Yard Requirements for W~TP: 50' (all yards). (b) W-WTP Buffer Requirements: 10' landscape buffer along the east, south and west perimeter and 20' along the north perimeter, in accordance with Section 8.37 of the Zoning Ordinance. (c) Absorption Beds Buffer Requirements: 10' landscape buffer around all perimeters of the site in accordance with Section 8.37 of the Zoning ordinance. (d) The vegetative buffer placed around the treatment plant and ponds shall be located in a manner so as not to affect the proper operation of the treatment process. (e) The land application site shall be located away from any drainage ditch and/or swale that may affect the proper operation of the land disposa~ site. There will be-a berm surrounding the treatment site, a minimum of four feet above effluent level in the absorption beds. A continuous hedge of shrubs shall be planted on Tract 3 property lines. All shrubs are to be cold hardy and a minimum of 36" in height. The shrubs on the north side of Tract 3 must be 10 gallon size with a minimum of 54" in height. All shrubs are to be planted on 36~ centers. Trees must be cold hardy and have a minimum height of 7 feet with a 3 foot spread. The trees on the north side of Tract 3 must have a minimum height of 8 feet with a 4 foot spread and must be evergreen so not to drop all III-3 ACtA ITEM /,-/fy JAN 2 7 200zt 3.2.4 their foliage during the winter season. An example of the evergreen tree is a Liue Oak. Trees will be planted on an average of 25 foot centers. When the wastewater treatment facility is decommissioned and Tra-ct 3 reverts to the permitted principal uses, these buffer/landscape design criteria will no longer.be in effect. The buffer/landscape requirements for Tract 3 will then be as required in Section 8.30 of the Zoning Ordinance 82-2 latest amendments, and this document. A landscape buffer shall be provided along the south property line adjacent to Tenth Avenue SW and partially along the east property line adjacent to Oaks Boulevard. Said landscape buffer shall be in accordance with Section 8.37 of the Zoning Ordinance, except the buffer shall be a minimum of 30' in width. Water management facilities are not pel-mitted within this buffer area. (Also see Section 4.7, Environmental Regulations). Signs will be allowed as permitted by the Collier County Sign ordinance 89-60 and latest amendments and as may be regulated by deed restrictions and covenants. Minimum landscaping requirements shall be met as required in Section 8.30 of the Zoning Ordinance 82-2 and latest amendments and as may be required around the ~TP/Tract 3 site. 3.2.5 3.2.6 Minimum off-street parking and off-street loading requirements shall be met as required in Section 8 of the Zoning Ordinance 82-2 and latest amendments. Lighting: Ail lights shall be located and'oriented in such a manner so as not to produce glare onto adjacent roadways or nearby properties. III-4 AGEJ4DA ITEl;4 ~9 JAN 2 7 200zt ,~ 3.2.7 Prior to any site plan approvals or the sale of fractional part of the project/site, the owners £ establish and record covenants and/or deed restric applicable to all of the properties 'under this These covenants and/or dee~ restrictions shall set consistent theme for architectural design and signag that all individual parcel developments shall compatible character, color schemes, roof materials, signage design. Said regulations, covenants, and/ore restrictions shall be of acceptably high standards shall be enforced by the owner and developer. III-5 AGE. N~A ITEM ./% JAN 2 7 200 SECTION IV 4.1 4.2 DEVELOPMENT COMMITMENTS GENERAL It is the Developer's intent to adhere to sound planning principles and practices and to assure that project facilities are constructed in accordance with the final development plan as approved ~y all applicable municipal agencies, and in accordance with federal, state and local laws, codes, and regulations. STREETS 4.2.1 Streets shall be private and located within a sixty (60) foot easement. Project design and construction shall meet or exceed Collier County standards in effect at the time of construction plan approval. The Developer shall comply with the "Road Impact Fee Ordinance" County Ordinance No. 85-55 and realizes that the fee shall be paid to the County Manager, or his designee, or an agreement for payment approved by the County Manager, or his designee, prior to issuance of any building permits. 4.2.2 Ail traffic control devices used, excluding street signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes). 4.2.3 There shall be only one point of access to the project from Oaks Boulevard and it shall be approximately centered cn that frontage. IV-1 JAN 7 ZOCl j 4.2.4 4 .2.5 4.2.6 4.3.1 4.3.2 4.3.3 The developer shall provide an east bound right turn lane on Pine Ridge Road and a south bound right turn lane on Oaks Boulevard at the project entrance. The developer shall provide collector level street lighting at the project entrance. The above improvements are considered "site related,, as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. They shall be in place before any certificate of occupancy are issued. Payment of Impact fees shall be in accordance with the fee schedule as set forth in ordinance 85-55. WATER MANAGEMENT REGULATION~ An excavation permit will be required for the proposed detention area in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management District. A minimum of 200 feet separation shall be provided between the retention areas and the sewer treatment plant absorption beds, in accordance with South Florida Water Management District rules. Detailed landscape and water management plans and water management calculations shall be submitted to show that the required quantity of water can be provided in the area jointly used as a landscape and drainage easement. IV-2 4.4 UTILITIES, WATER AND WASTEWATER 4.4.1 Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to sel-ve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and ot~er applicable County rules and regulations. 4.4.2 Ail customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer se~-vice to the project, the water and/or sewer ........ customers shall be customers of the interim utility established to serve the project until the County's off- site water and/or sewer f~cilities are available to serve the project. 4.4.3 It is anticipated that the County Utilities Division will ultimat%ly supply potable water to meet the consumptiv~ demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. Such facilities will be adequately buffered and landscaped. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction IV-3 JAN 2 ? 4.4.4 4.4.5 4.4.6 documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. If an interim on-site water supply, treatment and transmission facility is utilized to sel-ve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District sea-vicing the project area. Extension of the off-site water distribution system to sel-ve the project shall be coordinated with Collier County to extend the 16" water main from the present temporary end on Nape Boulevard to the north right-of-way line on Pine Ridge Road, as provided by the Vineyards PUD- water transmission/distribution master plan. From this point the Developer shall install a 16 × 16 x 16 x 12 cross with a 16" 'stub and valve to the east and to the west. A 12" water main extension shall be jack and bored under Pine Ridge Road and terminate at the south right- of-way.: At that terminus, the Developer shall install ~ 12 x 12 x 8 tee with a 12" stub and valve to the east. The 8" water main extension shall be jack and bored under Oaks Boulevard to service the project. The utility construction documents for the project,s sewerage system shall be prepared to contain the design and 'construction of the on-site force main which will ultimately connect the project to any future central sewage facilities of the District. It must be interconnected to the pump station with appropriately located valves to permit for simple r~'-dire~tion of th~ project's sewage when connection to the County,s central sewer facilities becomes available. IV-4 JAN 2 7 200 4.4.7 Prior to approval of construction documents by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the D~veloper to provide sewer and/or water sea-vice to the project until the County can provide these services through its water and sewer facilities. 4.4.8 The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 4.4.9 oo Appropriate easements for the projects internal water and sewer system shall be documented on the construction plans and shall be dedicated to the Collier County Water- Sewer District. , 4.4.10 Construction drawings, technical specifications and all pertinent information shall be submitted in accordance with the Collier County Ordinance 88-76 and shall be approved prior to the issuance of building permits. 4.5 UTILITIES, POWER, TELEPHONE AND CATV Power, Telephone, Cable Television and any additional utilities that may initially or at some future date sex-ye the project, shall be installed as per County Ordinance No. 76-6 Article XI, Section 19, Utilities, and in compliance with any other applicable state or county laws, codes, and ~egulations. IV-5 JAN 4.~ SOLID WASTE MANAGEMENT Solid waste management shall be assigned to franchised hauler who shall.be responsible for the c and disposal of all solid waste generated by this der 4.__/7 ENVIRONMENTAL REGULATI_~ONS 4.7.1 Petitioner shall be subject to Ordinance 75-21 a~ by Ordinance No. 89-58 and Ordinance No. 82-2 as by Ordinance. 89-49 (Preservation of Native Hab Tree Removal Pel-mit). Preservation of Vegetation subject to the following: 4.7.2 Co Retention of existing native Vegetation in th space areas and landscaping. Specifically, saw clusters shall be utilized in landscaping. Native Woody vegetation harboring protected ep that cannot be retained shall be incorporated Southern 30 foot buffer or landscaping by transplz In addition, native WOody Vegetatio equal to 6 ?=~ ~ , · n, greater ..... ~ height shall be transplanted t County landscaping requirements and to required 80% buffer opacity, obtai A thirty (30) foot native species Vegetative buffer the entire southern boundary shall extend t~ · sOUtheast corner and taper off along the east, soul boundary. The ~hirty (30) foot native species Vege! buffer shall be retained, enhanced and maintained. areas of vegetation within the buffer zone that mu impacted due to the proposed drainage SWale sba compensated for.by increasing the buffer zone area Petitioner shall comply with ordinance No. 82-3 amended by Ordinance No. 89-53 (Removal of Species). Prior to the Final Plat apprOVal' an Removal Maintenance and Monitoring Program shal IV-6 JAN 2 7 200~ i~ submitted and approved by the Project Review Sea-vices Environmental Staff. 4.8 4.8.1 4.8.2 ~UBDIVISION STANDARDS Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. Platting is required in accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. · , 5 .3 Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82- 91. 4.8.5 internal access into each tract as shown on the site plan is informational only. Location and number is subject to Subdivision Master Plan or SDP approval. This project is approved for rezoning purposes only. Subdivision Master Plan and/or a Site Development Plan(s) shall be submi{ted for approval at a later date, as required by the Subdivision Regulations and Zoning Ordinance. 4.8.6 4.8.7 Exhibit "E", Typical Roadway Section, indicates sidewalks are not proposed. The requirement to provide sidewalks, or not to, will be addressed during the Subdivision Haster Plan approval process. Exceptions to the Subdivision Regulatiohs will be addressed during the Subdivision Master-Plan approval process. No exceptions are granted in approving this rezone request. IV-7 4.8.8 An excavation permit will be required for the proposed detention area in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management District. 4.8.9 A minimum of 200 feet separation shall be provided between the retention areas and the sewer treatment plant absorption beds, in accordance with South Florida Water Management District rules. 4.8.10 Detailed landscape and water management plans and water management calculations shall be submitted to show that the required quantity of water can be provided in the area jointly used as a landscape and drainage easement. 4.8.12 Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Sez-vices for review. No construction permits shall be issued.unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Sel-vices. Provide. a SFWMD right-of-way permit and a DOT permit (as necessary) for discharging into the 1-75 canal. TRANSPORTATION STIPULATIONS 4 ·9.1 4 .9.2 4 .9.3 There shall be only one point of access to the project and it shall be approximately centered on the Oaks Boulevard frontage of the property. The developer shall provide an eastbound right turn lane on Pine Ridge Road at Oaks Boulevard, and left and right turn lanes on Oaks Boulevard at the project entrance. The developer shall provide collector level street lighting at the project entrance on Oaks Boulevard. IV-8 AC, E:NDA ITF:~¥./I .o. JAN 2 7 P,.... 4.9.4 4.9.5 4.9.6 4.9.7 Access improvements shall not be subjec% to impact fee credits and shall be in place before any certificates of occupancy are issued. The road impact fee shall be as set f6rth in Ordinance 85-55 as amended, and shall be paid at the time building per,nits are issued unless otherwise approved by the Board of County Commissioners. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Device~ as required by Chapter 316.0747, Florida Statutes. In consideration of pending implementation of Growth Management Regulations and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the applicant should be advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. IV-9 AGENI:)A I'l'~.ld JAN 2 7. 200 , i AGENOA IT[;,.~ JAN ~ ? 60' RIGHT OF WAY' ~HCULCER , PAVEMENT ?SHCULOER . ~6" LIMEROCK BASE ~WATER ~AIN -' -' ~ SEE NOTE NO. I BELOW ,~- SAN ITARY 0 SEWER TYPICAL" ROADWAY SECTION N.T.S. NOTE ' L THE ALIGNMENT OF THE ROAD WITHIN THE RIGHT OF WAY AS SHOWN IS CON- CEPTUAL. FINAL ALIGNMENT OF THE ROAD WITHIN THE RIGHT OF WAY WILL BE DETERMINED DURING FINAL DESIGN TO ALLOW FOR OPTIMIZATION OF UTILITY LOCATION WITHIN THE RIGHT OF WAY. · £XHI~ll~ 6 ." ' ASTRON PLAZA · .~ ,~BM. ' P.U. D. . ~J:[[ 1:90. 117 CDASTAL ENGINEERING CDNSULTANTS INC tSC~.£, N. T. S. JAN 2 7 2006 ~... Z,, (,,, ORDINANCE NO. 96- 49 AN ORDINANCE AMENDING ORDINANCE NUMBER 90-69, ASTRON PLAZA PUD BY PROVIDING FOR: SECTION ONE: AMENDMENT TO SECTION 3.2.5 DEVELOPMENT STANDARDS; SECTION TWO: EFFECTIVE DATE WHEREAS, on September 11, 1990, the Board of County Commissioners approved Ordinance Number 90-69, which established the Astron Plaza Planned Unit Development; and WHEREAS, Blair A. Foley of Coastal Engineering Consultants, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend ordinance Number 90-69, as set forth below; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION, PARAGRAPH 5 "MAXIMUM HEIGHT OF SECTION 3.2, "DEVELOPMENT STANDARDS" Section 3.2.5 "Maximum Height", of the Astron Plaza Planned Unit Development (Ordinance No. 90-69), is hereby amended to read as follows: 5. Maximum Height - Thirty ~ivc .... ~ Forty-Two (42) feet - SECTION TWO: EFFECTIVE DATE -'~ ....This Ordinance shall become effective upon filing with the Department of state. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .~ day of~, 1996. : .,, BOARD OF COUNTY CO~MISSIONERS "~..'. _ DWT-~HT. .. 'E. BROC~;. ~LF~K. , . , . ~N C. NORRIS, CHAIRMAN Secretory of State's Office the ASSI~TA~. T COUNT..y.,.;kTTORNEY ond acknowledgement of thor day ORDINANCE AMENDMENT / 17704 o! m~_, ~ / AGEN~)A ITE~ '"-- JAN 2 7. 200 , STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ~ich was :adopted by the 'Board of Co~t~~ c~issio~rs on:the 3rd day of Septe~er? 1996,' during Re~lar session] WI~SS ~ hand ~d the official Seal of the Bo~d of Cowry Co~issioners 0~ Collier cowry, Florida, this 4th day of Sept~er, Clerk of Courts ~d' Cle=k ...... . c. % ~-officio to Boa~ 'Of · -- .. xT_ , JAN 2 7, 200 ORDINANCE 98-//~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY L~/~D DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE25 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PL~NNED UNIT DEVELOPMENT KNOWN AS ASTRON PLAZA, FOR ..PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) AND THE NORTHSIDE OF l0TM STREET S.W., IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.56+ ACRES; PROVIDING FOR THE REPEAL OF--ORDINANCE NUMBER 90-69, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. Exhibit C WHEREAS, Kenneth B. Cuyler of Roetzel and ~ndress, P.A., representing Cleveland Clinic of Florida, Inc., petitioned the Board of County Co~missioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINE6 BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 17, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PU~ Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered GGE25, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 90-69, as amended, known as the Astron Plaza PUD, adopted on Septe~er 11, 1990 by the Board of County Com~nissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the . Department of State. PUDEX-2003-AR-4607 PROJECT # 19990307 DATE: 8/21/2003 · '~ ' KAY DESELEM -1- A?.:E:I,I}A JAN 2 7 200 PASSEO AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~__~day of~~~, 1998. ATTEST: :' 'IRO~~ D%~IGHT 2. B K,, ~lerk J~gal Surf ici%net ;: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -2- AGENOA ITEM JAN 2 7 200q ASTRON PLAZA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE ASTRON PLAZA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CLEVELAND CLINIC OF FLORIDA, INC. PREPARED BY: THE V-GROUP OF FLORIDA, INC. 5150 TAMIAMI TRAIL NORTH, SUITE #303 NAPLES, FLORIDA 34103 ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT AC~I~A ITEM JAN 2 7 200~ .,._ 9/ TABLE OF CONTENTS PAGF, LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN DEVELOPMENT COMMITMENTS i ii 1 3 5 7 JAN 2 7 2006 LIST OF EXHIBITS AND TABLES EXHIBIT A Location Map/PUD Master Plan JAN 2 7 200/~ STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. This compliance includes: o The subject property is located in an area identified' as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject tract is located on the southwest corner of the Pine Ridge Road and Oaks Boulevard intersection. This strategic location allows the site superior access for the placement of commercial activities. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range of services and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project ame~n, ities. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. ii JAN 2 7 200 SECTION I PROPERTY OWNERSHIP AND DESCKIPTION 1.1 PURPOSE. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name .of The Astron Plaza_ PUD. 1.2 LEGAL DESCRIPTION. The subject property being 8.56 acres, is described as: Description of land surveyed being a part of Tract 10, Tract 25, and Tract 26 of Golden Gate Estates, Unit No. 33 (P.B.6, Page 70), Collier County, Florida, Containing 7.63 acres more or less as follows: All that part of Tract i0 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida: LESS AND EXCEPTING therefrom the parcel described as Parcel 138 in Official Records Book 850, Page 1597, Public Records of Collier County, Florida; subject to easements and restrictions of records; containing 1.59 acres more or less; All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 113-R in Official Records Book 970, Page 705, Public Records of Collier County, Florida; subject to easement and restrictions of record; containing 2.94 acres more or less: All that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 139 in Official Records Book 850, Page 1598, Public Records of Collier County, Florida; subject to easements and restrictions of record; containing 3.10 acres more or less. The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 33, recorded in O.R. Book 2224, Page 998, Collier County, Florida. /7/7 JAN 2 7 200 1.3 PROPERTY OWNERSHIP. The subject property is currently under the ownership of Cleveland Clinic of Plorida, Inc., a Florida not-for-profit corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA. Thc project site is located in S~.ction 17, Township 49 South, Range 25 East. The property is bordered to ihe north by Pine Ridge Road, to the East by Oaks Boulevard, to the South by 10th Street SW and to the West by the 1-75 canal adjacent 'to Inteistate 75. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION. The project site is located within the South Florida Water Management District (SFWMD) and the surface water management system will be designed in accordance with SFWMD criteria. Stormwater runoff from the site will be directed to a surface water management area near the west side of the site which will retain/detain the water prior to discharge into the 1-75 canal. The project site currently consists of a mix of mainly pines and palmettos and other upland species. ' Soils as per the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agricultural (Soil Conservation Service, March 1954) show aa approximate 50/50 mix of Boca Fine Sand and Malibar Fine Sand. The site is within Flood Insurance Rate Map Zone X. The building finish floor elevations and pavement elevations will be determined by routing of the I00 year and 25 year 3 day storni events. 1.6 PROJECT DESCRIPTION. The project is intended to comprise a hotel/motel, medical uses, commercial uses and other retail uses. 1.7 SHORT TITLE. This Ordinance shall be known and cited as the "The Astron PI a Development Ordinance." ]z 2 JAN 2 7 200 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE. The purpose of this. Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL. Ao Regulations for development of the Astron Plaza PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Ce All conditions imposed and all graphic material presented depicting restrictions for the development of the Astron Plaza.PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of eiiher final SDP approval, final plat approval, or building permit issuance applicable to this development. 2,3, DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USE,~;. Ao The project Master Plan is illustrated graphically by Exhibit "A" PUD Master Development Plan. ' 3 AGENDA I'I~E~' JAN 2 ? 200 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE. The Astron Plaza PUD will be developed as a commercial PUD. The density or intensity of use will be determined based upon the development standards set forth in this document and the applicable provisions of the Collier County Land Development Code. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS. Ao Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submit/ed for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division. Do Appropriate instruments will be provided at the time of infrast~uctural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN. Amendments may be made to the PUb as provided in the Collier County Land Development Code, Section 2.7.325. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE. Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or a reciprocal easement agreement among all property owners for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier.. County Land Development Code, Section 2.2.20.3.8. A~r. NOA ITEM n JAN 2 7 200 . 2.8 POLLING PLACES. Any community recre~ation/public building/public room located within the Astron Plaza PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Section 2.6.30 of the Collier County Land Development Code. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE. The purpose of this Section is to identify the type of Commercial Uses and development standards for the'Astron Plaza PUD. 3.2 USES PERMITrED. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses 1. Miscellaneous retail (Groups 5912, 5941-5949) 2. Insurance and Real Estate Offices (Groups 6311-6399, 6411, 6512) 3. Hotels and Motels (Group 7011) 4. Legal Services (Group 8111) Engineering, ACcounting, Research, Management and related service (Group 8721-8749) Apparel and accessory stores (Groups 5611, 5621, 5641, 5651, 5661 5699) 7. Depository Institutions (Groups 6021-6062) 8. Child Day Care Services (Group 8351) Group care facilities (category I and II, except for homeless shelters' care units; nursing homes; assisted living facilities pursuant to §400.40; Florida Statutes, and.. Chapter 58A-5 F.A.C; retirement communities pursuant to Chapter 651 Chapter 4-193 F.A.C; all subject to §2.6.26 of th and continuing ca~ ' JAN 2 7 200 10. Individual and family services (Group 8322); activity centers for the elderly and handicapped; adult day care centers; and day care centers, adult and handicapped only. 11. Eating places (Group 5812 only). All establishments engaged in retail sale of alcoholic beverages for on-premises consumption are subject to iocational requirements of §2.6.10 of the LDC. 12. Health services (Groups 8011-8059); wellness center, Accessory Uses 1. Parking lots 2. Signs 3. Other 3.4 DEVELOPMENT STANDARDS. A. The following are the development standards within the PUD: Minimum Lot Area - Thirty-nine Thousand (39,000) square feet. Minimum Lot Width - One Hundred Fifty feet (150'). Minimum Yard Requirements (a) (b) (c) (d) (e) Front Yard - Fifteen feet (15') from the international road right- of-way or road easement line. Side Yard - One-half (1/2) of building height with a ten foot (10') minimum. Building setback from the Pine Ridge Road and Oaks Boulevard right-of-way - Twenty-five feet (25'). Building setback from the 1-75 Canal Easement - Twenty-five feet (25'). Building Setback from 10th Avenue SW right-of-way - Fifty feet (50') provided, however, a building setback of one hundred twenty-five feet (125') shall be required between the 10th Avenue SW property line and any structure constructed to four or five stories in height. Distance Between Principal Structure,' - Fifteen feet (i5') or a distance equal to one-half (1/2) the sum of the building heights, whichever is greater. Maximum Height of Structures - Sixty feet (60'). · Minimum Floor Area of Principal Structurq - One square feet per building on the ground floor. 6 JAN 2 7 200 Co Lighting: All lights shall be located and oriented in such a manner so as not to produce glare onto adjacent roadways or nearby properties. Prior to any site plan approvals or the sale of any fractional part of the project/site, the owners shall establish and record covenants and/or deed restriction applicable to all of the properties under this PUD. These covenants and/or deed restrictions shall set one consistent theme for architectural design and signage so that all individual parcel developments shall have compatible character, color schemes, tool. materials, and signage design. Said regulations, covenants, and/or deed restrictions shall be of acceptably high standards and shall be enforced by the owner and developer. Do All development shall comply with the architectural standards set forth in the Collier County Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE. The purpose of this Section is to set forth the development commitments development of the project. for the 4,2. GENERAL. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The develop:: ~-: ........... 7 JAN 2 Z 200~. _ ~'/ and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and th regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3. PUD MASTER PLAN. Bo Exhibit "A" PUD Master Plan illustrates the'proposed development and is conceptual in nature. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4. 4.5 .OF DEVELOPMENT/MONITORING REPORT AND SUNSET The proposed start date of the project is within three (3) years of approval of the PUD and completion date is within five (5) years of approval. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. ~ An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. _TRANSPORTATION. Be Do Streets shall be private and located within a fifty foot (50') easement. Project design and construction shall meet or exceed Collier County standards in effect at the time of construction plan. approval. All traffic control devices used, excluding street signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes). There shall be only one point of access to the project from Oaks Boulevard and it shall be approximately centered on that frontage. There shall be no right turns out onto Oaks Boulevard and no left turns onto the property off of Oaks Boulevard. The Developer shall construct a south-bound right turn lane on Oaks Boulevard at the project entrance. The developer shall provide collector level street lighting at th~ 8 ./7 fi JAN 2 7 200 ! The above improvements are considered "site related" as defined in the Collier County Road Impact Fee Ordinance and shall not be applied as credits toward any impact fees required by that Ordinance: They shall be in place before any certificate of occupancy are issued. Payment of impact fees shall be in accordance with the fee schedule as set forth in the Collier County Road Impact Fee Ordinance. Work within Collier County right-of-way shall meet the requirements of Collier County Pdght-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT REGULATIONS. ho An excavation permit will be required for the proposed detention area in accordance with Collier County Regulations and South Florida Water Management District. Detailed landscape and water management plans and water management calculations shall be submitted to show that the required quantity of water can be provided in the area jointly used as a landscape and drainage easement. 4.7 ENGINEERING. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2 Subdivisions. Bo This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 4.8 UTILITIES. Water distribution, sewage' collection and transmission water facilities to serve the project are to be designed, .constructed, conveyed, owned and maintained in accordance with Collier County Regulations and Ordinances. Bo All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Co The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing nrnrnitt~cl eanaeity,. 9 JAN 2 7 200~ Appropriate easements for the projects internal water and sewer system shall documented on the construction plans and shall be dedicated to the County Water Sewer District. Construction drawings, technical specifications and all pertinent information shall be submitted in accordance with the applicable Collier County ordinance then iq effect and shall be approved prior to the issuance of building permits. Power, telephone, cable television and any additional utilities that may initially or at some fUtUre date serve the project, shall bc installed as per Collier County Ordinances and in compliance with any other applicable state or county laws, codes, and regulations. 4.9 4.10 ENVIRONMENTAL REGULATIONS. A. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. A~C~CF_,SSORY STRUCTURES. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a coratruction site office and model 4.11 4.12 124787_i.WP5 SIGNS. All signs shall be in accordanceWith Division 2.5 of the Land Development Code. LANDSCAPING BIIFFERS. Landscaping buffers shall be provided as follows: A. All internal la~adscape buffers shall be ten feet (10') wide. B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine Ridge Road. C. A Type B landscape buffer 'shall be provided along 10th Avenue and Boulevard. In addition, a three foot (3') high hedge at thre ~~ shall be planted on the right-of-way side of the wall ant the '~ff-e~4ahzg{~ ba fourteen feet (14') to sixteen feet (16') in height, t,~o._ / JAN 2 7 2004 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-110 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board"of Deputy Clerk JAN 2 7 2C3~t ~ ] ,PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of~~~, 1998. ATTEST: DWIGHT E. BROCK.,.,dlerk Legal Sufficiency Assistant County Attorney f/PUD-90-19 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~A'RBAP~'-B 7-~ERRY, C~ 'D~is ordinance filed with the Secretory of ~_~,e's · ~-:/~,day of ~, ~' and acknowledgement of that filing ~ceived tb3~ ~y JAN27200~ t Jl {) 6 fl [1 (I AGENDA ~TE~ JAN 2 7 200~t RESOLUTION 04 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98- 110 KNOWN AS ASTRON PLAZA PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Astron Plaza PUD, Ordinance 98-110 adopted on November 30, 1998 is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for a two year extension, until November 30, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval is hereby extended to November 30, 2005. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become effective immediately upon its approval. This Resolution adopted after motion, second and major/ty vote. Page 1 of 2 A~IC)A IT~.J~ JAN 2 7. 2006 Done this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: , CHAIRaMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney PUDEX-2003 AR-4b07 KD'sp Page 2 of 2 ./7;!. JAN 2 7. 200tt Sheet I of 2 AVPLAT2003-AR5000 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR5000 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST 1N A PORTION OF THE DRAINAGE EASEMENT LOCATED ON TRACT "F," ACCORDING TO THE PLAT OF "FOUNTAINHEAD SUBDIVISION REPLAT" AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the Drainage Easement located on Tract "F," according to the plat of"Fountainhead Subdivision Replat." CONSIDERATIONS: Petition AVPLAT2003-AR5000 has been received by the Engineering Services Department from Michel Saadeh, from Vineyards Development Corp., requesting the vacation of a portion of the Drainage Easement located on Tract "F." The Petitioner owns Lot 48 and acquired the West 15 feet of Tract "F." The Petitioner then requested a Lot Line Adjustment which was approved such that the West 15 feet of Tract "F" is now included with Lot 48 as one residential building site. The Petitioner now requests the County to vacate its interest in the platted Drainage Easement over the West 15 feet of Tract "F" so that a residential dwelling may be built on the site. This vacation would eliminate any title concerns from encroachment of structures. Letters of No Objection have been received from Collier County Transportation, Collier County Engineering Services and the Fountain Head Homeowners Association. Zoning is PUD. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on January 6, 2004. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner ~vhich covers the County's cost of advertising, recording and processing the Petition. JAN 2 7 20aq / Sheet 2 of 2 AVPLAT2003-AR5000 GRO¥¥TH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1 ",. [~pt lhe Resolution for Petition AVPLAT2003-AR5000 for the vacation of a portion of the ~'.'~-':'..~tge Easement on Tract "F," according to the plat of "Fountainhead Subdivision Rcplat,' and 2. ,~,uthori:,e the execution of the Resolution by its Chairman and direct the Clerk to the Board io ~'ccord a certified copy of the Resolution in the Official Records; and 3 Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Gfigg, P.S.M. Engineering Services DATE: / ~ ~_o - Od,- REVIEWED BY: ~ ~. ~ Thomas E. Kuck, P.E. Engineering Services Director APPROVED BY://~~~ /0/eph K. Sch~Jtt, Admi~strator (ff'ommunity Development & Environmental Services DATE: J~/' // ~ ' JAN 2 7 200 t RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR5000 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED ON TRACT "F,, ACCORDING TO THE PLAT OF "FOUNTAINHEAD SUBDIVISION REPLAT," AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michel Saadeh, fi.om Vineyards Development Corp., does hereby request the vacation of a portion of the Drainage Easement located on Tract "F," according to the plat of "Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the Drainage Easement located on Tract "F," according to the plat of "Fountainhead Subdivision Replat," 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 portion of the Drainage Easement located on Tract "F" 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. Page 1 of 2 JAN 2 ? 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 ,2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: Patrick ~, ~ghite, Assistant County Attorney Page 2 of 2 JAN 2 7 200 . AC-,ENbA JAN ~ ? ~0~ Date Received: Attachment "B': PETITION FORM FOR VACATION OF PLATS OF PLATS OF OR PORTIONS SUBDIVIDED LAND Petition #: Petitioner: VINEYARDS DEVELOPMENT CORP. Address: 98 VINEYARDS BOULEVARD City/State: NAPLES, FL 34119 Agent: N/A Telephone: 353-1551 Zip Code: 34119 Address: City/State: Telephone: Zip Code: Address of Subject Property:_ Location: Section_ _5 Township.. 49s Range · 26E Legal Description: Lot 48 Block Unit Reason for Request: Excessive Easement Subdivision: FOUNTAINHEAD Plat Book · Page(s) Current Zoning: Residential Does this affect density?. NO I hereby authorize Agent above to represent me for this petition: '~n-atur~ 'o~'P-etiti~ n er - Print Name [] Yes [] No /Z-Z.~ -03 Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List ali other owners. Atiachmcnt "B" Page 4 of 4 AC-,EN~A IT'EM JAN 2 7 200~t Pa. ~, Official Receipt - Collier CDPR1103 - Official Receipt County Board of County Commissioners ITrans Number 442873 Date 11/5/2003 2:47:49 PM Post Date 11/5/2003 Paym_ent Slip Nbr AR 5000 Appl Name: VINEYARD DEVELOPMENT CORP Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: THOMAS MASTERS, P.E. 98 VINEYARDS BLVD. NAPLES FL 34119 Proj Name: FOUNTAINHEAD Type: TAZ: 59 Subdiv Nbr: 2156 Project Nbr: 2001070011 Payor'VINEYARDS Fee Information Fee Code I Description 110TRVC IVAC EASEMENT-ROW GL Account 13113832632910000000 Total Amount t Waived $1000.00 $1000.00 r ~ayment Code 1 CHECK iAccount/Check Number vdc00032124 Payments Amou~ Memo: Total Cash Total Non-Cash Total Paid $0.00t $1000.00 $1ooo.oo] Cashier/location: LEVYMIKE / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT AO~r..NOA IT~_M 2 Z This Document Prepared By and Return eo: Robert F. Rogers, Bsquire ?S Vineyards Boulevard, Suite 500 ZTaples, Flor£da 34119-4748 (239) 353-1973 ParcellnNum~r: 80670160002 Grantee ~1 TIN: Grantee #2 TIN: Quitclaim Deed 3280494 OR: 3424 PGe 3400 1U1T/ZOH at O~:IO~N OWIGH? L BRO~I, CLIR[ He FH 10.50 DO¢-.TO .?0 ¢0~Ii$ LO0 ~etn: This Quitclaim Dee~ Made this 13th day of October ,2003 A.D., Between FOUNTAINHEAD AT THE VINEYARDS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation existing under the laws of the State of Florida, of me Coun~ of Collier , State of Florida , grantor, and VINEYARDS DEVELOPMENT CORPORATION, a Florida corporation whose add~ is: 75 Vineyards Boulevard, Suite 500, Naples, FL 34119-4748 of the Coun~; of Collier , State of Florida , grantees. Witnesseth ~t the GRANTOR, for and in consideration of thc sum of ........................ T~N DOLIJ~RS ($10) ....................... DOLL~S, and other good and valuable consideration to GRANTOR in hand paid by GRANTEF~, ~h¢ receipt whereof is hereby acknowledged, ha~ granted, bargained and qui~laimed to thc said GRANTEE~ and G R~.NTEES' heir~, successo~ and assigr~ forever, the following descnbed land, situate. lying and being in the County of Colli er State of Florida to SEE ATTACHED ULEGfils DESCRIPTION" To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise apper~ining, and all the estate, right, ti'de, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said grantees forever. In Witness ~,~e~eof, thc ~aator has hereunto Si gn~~v ered in our presence: Witness hand and seal the day and year first above written. ~iche~ Saad~h, President P.O. Address: 75 Vineyard/, Boulevard, Suite 500 Naple%, FL 34119--4748 (Seal) (Corporate Seal) STATE OF Florida COUNTY OF Collier Thc foregoing inslrarnent was acknowledged befor~ me mi* 13th day of October , 200: Michel Saadeh, President of Fountainhead at the Vineyards Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf Printed ~ame: Notary Public My Commission Expires: of the corporation, and he is personally known to re%or-Ac L.:.".'::,::,:: ..... ..-~...' F/H Deed JAN 2 7 200 C7 ,/.6'~'g M .9~.gO.O0 S :~'3'fl ON¥ "3'0 "3'9 ,00'0~[ ,O0'06t 3 .9~,go.o0 N NOISlAIO8nS O¥3HNI¥1NnoJ /t AGENOA ITEM JA~ 2 7 Pg' 9 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY COPY LOT LINE ADJUSTMENT CECI Group Services Civil Engir'ceering Survey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Website: www.c p~.l...e~gin eering, cam NOW COMES, Vineyards Development Corporation (VDC), who after being duly sworn, deposes and says: VDC is the fee simple title holders of the properties described in Exhibit "A" and hereto. VDC desires to adjust the property described in said Exhibit "A". The description of property is to be revised as depicted in the sketch and legal descriptions prepared by Richard J. Ewing, Florida Professional Surveyor and Mapper #5295, attached hereto and made part hereof as Exhibit 'B". The foregoing lot line adjustment constitutes an insubstantial boundary change between adjacent parcels within the meaning of Section 3.2.4.8.1 of the Collier County Land Development Code (LDC). VDC as owners of said property described in Exhibit "A" hereby consent to the lot line adjustment in accordance with Section 3.2.4.8.2 LDC and states that said property shall hereagter be described as Revised Lot 48 and Revised Tract "F" as shown on Exhibit "B" attached hereto and made a part hereof. Furthermore, the lot line adjustment will not affect the development fights or permitted density or intensity of use of the affected lots by providing the oppommity for the creation of new lots for resale or development within the meaning of Section 3.2.4.8.4, LDC. o 6. This Affidavit is being given pursuant to Section 3.2.4.8 of the Collier County Development Code. Witness Signature Printed Name Michael Saadeh t President ~ (_.,GO Vineyards Development Corporation 3106 S. Horseshoe Drive, Naples. Florida34104 · Phone(941)643-2324 Fax(941)643-1143 · E-Maih Land AC-~=.NDA ITEM/? JAN27200 [ /(3 COASTAL ENGINEERING CONSULTANTS, INC. Affidavit of Lot Line Adjustment Page Two Sworn to and subscribed before me this by Michael Saadeh. 1!5';g~ ~ c0uu~ss~ ~ cc 7~525 Ii (Seal) ll~l EmR~S:D~,,~2?,~ II otO me or produced or have produced OR: 2870 PG: 2121 day of ,2001 Notary Public This Affidavit has been reviewed and approved by the Development Services Department of Collier County, Florida by: John Houldsworth Senior Engineer Date AGENDA ITEM. JAN 2 7 200z~ ..., // COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY OR: 2870 PG: 2122 CE(~I Grouo Services. Civil Engineering Survey & Mopping Coastal Engineering Real Estate Appraisal Environmental Assessment Website: www.coastalengineering.com EXHIBIT LOT 48 AND TRACT "F" FOUNTAINHEAD SUBDIVISION REPLAT LEGAL DESCRIPTION ALL OF LOT 48 AND TRACT "F" OF FOUNTAINHEAD SUBDIVISION REPLAT, A SUBDIVISION AS RECORDED IN PLAT BOOK 27, PAGES 53 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIEK COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 8,681 SQUARE FEET OK 0~20 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTKICTIONS, AND RESEKVATIONS OF RECORD. 3106 S. Horseshoe Drive. Noples, Florida 34104 Phone (941)643-2;~24 Fax (941)643-1143 · E-Maih A~A JAN 2 7 2OO~ IIII i I ,/..6'£g M .9£,g0.00 S ON¥ "3°Q ,O0'O~t ,O0'OBt 3 .9g,gO,OO N NOIS~A~osn$ OY3HNIY~NnOJ .o. /7/~ JAN 2 ? 200/l COASTAL ENGINEERING CONSULTANTS INC ~P OUP COMPANY 0R: 2-870 PG: EXHIBIT "B" PAGE 2 OF 4 2125 FOUNTAINHEAD SUBDMSION REPLAT REVISED LOT 48 LEGAL DESCRIPTION ALL OF LOT 48 AND THAT PART OF TRACT "F", OF FOUNTA~D SUBDIVISION REPLAT, A SUBDIVISION AS RECORDED IN PLAT BOOK 27, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 48 RUN N00°05'36"E ALONG THE WEST LINE OF SAID LOT 48 FOR 120.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 48 AND THE SOUTHERLY RIGHT OF WAY LINE OF FOUNTAIN RUN; THENCE ALONG SAID RIGHT OF WAY LINE S89°54'24'E 14.15 FEET TO A POINT OF CURVATURE; ~CE 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A CENTRAL ANGLE OF 78~27'47" AND A CHORD DISTANCE OF 31.62 FEET BEARING S$0°40'30"E TO A POINT OF REVERSE CURVATURF~ THENCE 39.99 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF $0.00 FEETA CENTRAL ANGLE OF 45°49'45" AND A CHORD DISTANCE OF 38.94 FEET BEARING S34°21 '29"E TO AN INTERSECTION WITH A LINE 15.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 48; THENCE ALONG SAID LINE S00°05'36"W 74.31 FEET TO TH~ SOUTHERLY LINE OF SAID SUBDIVISION; THENCE 36.00 FEET ALONG SAID LINE AND THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEETA CENTRAL ANGLE OF 20037'46" AND A CHORD DISTANCE OF 35.81 FEET BF..AKING N79°35'3 I"W TO A POINT OF TANGENCY; THENCE N89°54'24"W 25.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AR.EA OF APPROXIMATELY 6,334 SQUARE FEET OR 0.15 ACRES OF LAND, SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. COA~NG~G CONSULTANTS, INC. FL~RI~ON NO. LB 2464 RICHARD J. EWTNC~.P. PROFESSIONAL SURVEYOR AND MAPPER :. FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNAT[JRE AND . THE :~)'RIGINAL RA[SED SEAL OF A FLORIDA 3 LICENSED.SL,~, VEYOKAND MAPPER ". CEC FILE NO: 97.283 ._ · DANTE OF SiONATURE'.-f-g "'~/ 3106 S. Horseshoe Drive, Naples. Florida 34104 · Phone (941) 643-2324 Fox(941)643-1143 · E-Mail:engcollier@cecift.com JAN 2 7 2006 ,/.6'~8 3 .g~',g0.00 N ~'3'?1 (]NV "3'0 "3"1 ,,d,, J~OV~I,l, ,O0'OBI 3 ..9cz.go.o0 N (t,z-~ $30¥d '~Z NOOB IY-Id) NOISlAIOSnS OV3HNI¥£NOOJ AOaEM:)A IT'~ JAN 2 7 200q COASTAL ENGINEERING CONSULTANTS A CECI GROUP COMPANY OR: 2870 PG: 2123 CECI Grouo Serv,ces Civil Engineedng Survey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Website: ~,coastalenglneerlng.c om EXHIBIT "B" PAGE 4 OF 4 FOUNTAINHEAD SUBDMSION REPLAT REVISED' TRACT "F" LEGAL DESCRIPTION THAT PART OF TRACT "F", OF FOUNTAINHEAD SUBDIVISION REPLAT, A SUBDIVISION AS lkECORDED IN PLAT BOOK 27, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID FOUNTAINHEAD SUBDMSION I~PLAT RUN N00°05'36''E ALONG THE EAST LINE OF SAID SUBDIVISION FOR 83.97 FEET TO A POINT ON A CURVE AND THE SOUTHERLY RIGHT OF WAY LINE OF FOUNTAIN THENCE 32.19 FEET ALONG SAID RIGHT OF WAY LINE AND THE ARC OF A CURVE TO THE RIGHT HAVING A RAD~S OF 50.00 FEET'A CENTRAL ANGLE OF 36°53'07'' AND A CHORD OF 31.64 FEET BEARING N75°42'55''W TO AN INTERSECTION WITH A LINE 15.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 48; THENCE ALONG SAID LINE S00°05'36"W 74.31 FEET TO THE SOUTHERLY LINE OF SAID SUBDIVISION; THENCE 25.83 FEET ALONG SAID LINE AND THE AlPC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET A CENTRAL ANGLE OF 14048'06'' AND A CHORD DISTANCE OF 25.76 FEET BEARING S61°52'35'E TO A POINT OF REVERSE CURVATURE; THENCE 9.55 FEET ALONG THE ARC OF A CURVE aT THE LEFT HAVING A RADIUS OF 170.00 FEET A CENTRAL ANGLE OF 03013'03'' AND A CHORD DISTANCE OF 9.55 FEET BEARING S56°05'04"E TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 2,346 SQUARE FEET Ot~ 0.05 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. ~cH~m ~. E~P¢:.~¢. PKOFESSIONAL SUP'-VEYOR AND MAPPER ~OamA ~CERT[FiCATF~ ~,:O. 5295 NOT VALID %VITHOUT THE SIGNATURE AND THE ORIGINAL ILkISED SEAL OF A FLORIDA UC~SED su~y?? ~ND MAI'PER CEC FILE NO. 97"..~83."~- DATE OF SIGNA'T[JR~:''''V'' Z. "- o/ 3106 S. Horseshoe Drive, Naples, Florida 34104 ~J /tPf · Phone (941) 643-2324 Fax (941) 643-1143 AGENDA ITEM '~"1 .o. ? ~7~::~ JAN 2 7 200~ p~. Parcel Page 1 of I Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION Name:]IVINEYARDS DEV CORP Address:Il75 VINEYARDS BLVD Address:]l Address:Il Address:Il Address:IlNAPLES, FL 34119-4748 PROPERTY INFORMATION IParce~:lla3a6°°°4°sa II Acre:Il0'00 .oc:ll~0s~ FOUNmN RU., "^.'ES {~.) Le~aqIFOUNTA'NHEAD SUB VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO County:l1353.TS School st:11337.37 School ~oc:112~7.~s city Tax:II0.00 Dependt:J[68.59 Independ:l[93.93 Voter Appr:l[0.00 Gross Tax:J[1,115.58 Appr fee:J[0.00 Advertising:J[0.00 Taxble Ya~ue:JJ85000 J Millage Code:ill45 J Homestd Ex:Ilo I Agrici[r Ex:Ilo I Widow Ex:ilo I Blind Ex:il0 I Oisabled:JJ0 I Vetera, Ex:ilo I W__h°"Y E×:Ii0 I Civilian Ex:il0 I Nov:ll ,0?0.9 Dec:]h,o82.~ Feb:lh,'~04.42 Mar:Ill,liS.58 AP~:II0.00 ~av:ll0.00 Now ~ue:ll0.00 I Paid Dt :J[11118/03 STATUS INFO. Non Ad Va:]JN Installment:]JN Deferred:liN Bankrupt::lIN TDA:IJ0 [ .: Back to Searqb~, ~. ,] Last Updated: 12/28/2003 5:00pm JAN 2 7 200q http://~w, wv.colliertax.com/RecordDetail.asp?FolioID=33160004081 AGENDA ITEM JAN 2 2' 200~ JAN 2 7 2004 Lot Name Fountainhead ADJACENT PROPERTY OWNERs FOUNTAINHEAD LOT 48 Address FH 30 FH 31 FH 32 FH 33 FH 34 F',', ;; FH 45 Fid ~6 FH 47 Rayford Nugent Marsha Sawicki Theodore Cwikowski Jr. Pamela Graves Vineyards Development Corp. Samuel & Nancy Schaffer Monica Borrok Roger Drobnick 143 April Sound Dr., Naples FL 34119 139 Apdl Sound Dr., Naples FL 34119 135 April Sound Dr., Naples FL 34119 131 April Sound Dr., Naples FL 34119 95 Vineyards Blvd., Naples FL 34119 ........ ~ , .i!,:., k,~, r-, n,,,~, .... - .... : ....., ~z;~ FL 1049 Fountain Run, Naples FL 34119 10~3 Fountain Run, Naples FL 34119 1057 Fountain Run, Naples FL 34119 Agusta Falls AF 24 Barbara Blementhal .AF 25 Max Zuercher AF 26 Jesse Howard & Monica Haven AF 27 Jose & Herminia Vijungco 1150 Agusta Falls Way, Naples FL 34119 ! 154 Agusta Falls Way, Naples FL 34119, 1158 Agusta Falls Way, Naples FL 34119 1162 Agusta Falls Way, Naples FL 34119 AGENOA rrFJd --I /77 JAN 2 7. 200~ / 1 Details Folio No'Il 22540000140 II Current Ownership Property Addressll NO SITE ADDRESS Owner Namell AGUSTA FALLS HOMEOWNERS AddresseslJ ASSOC INC 100 VINEYARDS BLVD cityll NAPLES II Statell FL AUGUSTA FALLS TRACT E z~pl134119-4722 Section IITow.shi. II Range II os II 49 II 26 II Sub No. II174400 ~AUOUSTAFA,LS ~ Use Cod. II0 II VAOANT,ESIDENTIAL Acres 11 Map .o. I 0 II 4B0S II Strap No. 171400 E 14B05 '~ Millage_ 13.2998 2003 Preliminary Tax Roll Values (Subject to change) Land Value II (+) Improved Value II (=) Market Value II 1-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value $ lOO.OOJI DateII $ 0.00 I $100.00 1I 04 / 2001 II $ 0.oo I $100.00 I $ 0.00 l $100.00 J SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Amount 2813 - 1172 $ 0.00 I The Information is Updated Weekly. http.//~',xvxv, colh erapprmser.com RecordDeta]l.asp?FoholD=0000022540000140 JAN 2 7. 200~ ~'g. ,2../ Details Folio ND.J[ 33160000506 Current Ownership II Property Add,essll NO S,TE ADDRESS Owner Namel{ FOUNTAINSHEAD AT THE VINEYARDS J Addresses J HOMEOWNERS ASSOC INC 100 VINEYARDS BLVD I c~wll NAPLES II StateJj FL JL Zip~ 34119 - 4722 LegalJJ FOUNTAINHEAD SUB TRACT E, LESS JJ THAT PORTION NOW AUGUSTA FALLS Il & FOUNTAINHEAD SUB REPLAT JJ (DE & LE) il*For more than four lines of Legal Description please call the Property Appraiser's Office. I Section II Township~ Range II Acres II Map No. I 0S II 49 II 26 II 0 II 4B05 JSub No. 1 II Strap.o. I II 299800 E ~4B06 I 2003 Preliminary Tax Roll Values (Subject to change) Land Value Jl (*) Improved Value JJ (=) Market Value JJ (-) SOH Exempt Value jJ (=) Assessed Value JJ (-) Homestead and other Exempt Value JJ (=) Taxable Value J[ SOH = "Save Our Homes" exempt value due to.cap on assessment ,ncreases. $100.00 J $ 0.00 $100.00 $ 0.00 $100.00 Latest Sales History Book-Page II Amount 2813.1165 II $ o.0o I The Information is Updated Weekly. http'//xvwxv. . collierappraiser . com/RecordDetail . as p.?FoliolD-0000033- 160000506 AGENDA ITEM JAN 2 7 200q Pg. COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT November 3, 2003 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Tom Masters, P.E. Vineyards Development Corporation 75 Vineyards Boulevards Naples, FL 34119 Re: Request for Partial Vacation of Drainage Easement Tract F, Vineyards, Fountainhead Subdivision Replat, PB 27, PP 53-54 Dear Mr. Masters: The Transportation Services Division, including the Stormwater Management Department, has revie~ved the subject request and we take no exception nor do we offer any objection to the partial vacation of the subject easement. Please advise if you need anything further on this issue at this time. Very truly~¥ours, / _~, ,! /' Edward J. Kant,S/ ; Director Transportation (~erfitiom cc~ Norman E. Feder, AICP, Transportation Administrator July Minor, P.E., Stormwater Project Manager File: Vacations (Drainage Easements) ^GENOA ~Tm ~ JAN 2 7 200~ October 28, 2003 John Houldsworth Collier County Engineering 2800 N. Horseshoe Dr. Naples, FL 34104 Vacation of Easement Fountainhead Lot 48 Dear John: We are requesting a letter of no objection to vacating a portion of the existing Easement on Fountainhead Lot 48. See Exhibit A. This 15 foot portion of Lot 48 was previously a part of Tract F of the Fountainhead Subdivision Replat and originally a part of lot 49 in the Fountainhead Subdivision Plat. The drainage and utilities xvere completed according to the original plat as such that there was no easement at this location. At the time of Replat a cul-de- sac was added in the front of lot 48 and 49 which eliminated most of lot 49 creating Tract F. At the time Tract F was labeled a L.E., D.E. and U.E. There are no Utilities or Drainage facilities on Tract F as it had already been developed as a lot. Please call me if you have any questions. Sincerely, Tom Masters, P.E. Director of Engineering Approved by: John Houldsworth Senior Engineer Collier County Engineering Review Vineyards De~ elopment Corporation 75 Vineyards Bt3ulevard Naples, Florida 34119 1239) 353- 1551 · Fax: t 239) 455-5057 / 7 JAl'q 2 7, 200 i Pg.. Vineyards Community Association Fountain Head Homeowners Association 75 Vineyards Boulevard Naples FL 34119 239-353-1973 Phone 239-348-8757 Fax October 29, 2003 Board of County Commissioners Collier County Courthouse Complex 3301 Tamiami Trail East Naples FL 33962 Re: Vacation of Easement Fountainhead Lot 48 Dear Commissioners: l'he Vineyards Community Association and Fountain Head Homeowners Association have no ob.jection to vacating the above mentioned easement. Should you have any questions, please contact us. Sincerely, I' homas Masters Director Map Output Page 1 of I CCPA GIS - HTML Ma http://arc.collierappraiser.com/servlet/com.e sri .esrimap. Es rimap ? Service N ame=ccl... DEDICATIONS/RESERVATIONS COPY OF PLAT STATE OF FLORIDA ] "FOUNTAINHEAD SUBDIVISION REPLAT" SS p.B. '27, P. 53 COUNTY OF C0IJJER NOW AT.T. MEN BY THESE PRESENTS THAT VINEYARDS DEVELOPMENT CORPORATION, A ,.LORIDA CORPORATION, AND MICHAEL AND JOSEPH PROCACCI, THE OWNERS OF THE LANDS DESCRIBED HEREON HAVE CAUSED THIS PLAT OF FOUNTAINHEAD REPLAT TO BE MADE AND DO HEREBY DEDICATE THE FOLLOWING: TO THE VINEYARDS COMMUNITY ASSOCIATION, INC.: 1) .ALL DRAINAGE EASEMENTS INDICATED ON THE PLAT FOR THE PURPOSE OF IN-°TALL[TION AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES. 2) TRACT "A" (FOUNTAIN RUN) AN EASEMENT FOR PURPOSE OF ACCESS, WITH NO RESPONSIBILITY FOR MAINTENANCE. , 3) TRACT "B" FOR THE PURPOSE OF A DRAINAGE EASEMENT AS INDICATED ON THE PLAT, WITH RESPONSIBILITY FOR MAINTENANCE. TO THE FOUNTAINHEAD HOMEOWNERS' ASSOCIATION, INC.: 1) TRACT "A" (FOUNTAIN RUN) AN EASEMENT FOR THE PURPOSE OF INSTAI,I&TION AND MAINTENANCE OF A PRIVATE ROADWAY A~ND FOR UTILITY AND DRAINAGE FACILITIES. 2) TRACT "E" AND TRACT "lf FOR THE PURPOSE OF PROVIDING A LANDSCAPE BUFFER WITH NO RESPONSIBILITY FOR MAINTENANCE. TO THE COI.I.rER COUNTY WATER SEWER DISTRICT: ALT. COUNTY UTILITY EASEMENTS INDICATED ON THE PLAT FOR THE PURPOSE OF PROVIDING AND MAINTAINING WATER AND SEWER SERVICE, WITH NO RESPONSIBILITY FOR MAINTENANCE. 2) AI.T. POTABLE WATER DISTRIBUTION LINES CONSTRUCTED WITHIN THE PLATTED AREA UPON ACCEPTANCE OF THE IMPROVEMENTS REQUIRED BY THE APPLICABLE LAND DEVELOPMENT REGULATIONS. 3) glJ'. SEWER FACILITIES CONSTRUCTED WITHIN THE PLATTED AREA AND THE SEWER FORCE MMN UPON THE ACCEPTANCE OF THE IMPROVEMENTS , REQUIRED BY THE APPLICABLE LAND DEVELOPMENT REGULATIONS. _TO C0I.T.TER COUNTY: ~[ 1) AT.T. DRMNAGE EASEMENTS W/TH NO RESPONSIBILITY FOR MAINTENANCE. 2) AIJ. ACCESS EASEMENTS W/TH NO RESPONSIBILITY FOR MAINTENANCE. 70 COTJ,!ER COUNTY, ITS FRANCHISES AND THE NORTH 'NAPLES FIRE DISTRICT: 1) AN ACCESS EASEMENT OVER TRACT "A", (FOUNTA/N RUN) FOR THE PURPOSE OF PERMITTING EMERGENCY AND SEqVICE VEHICLES ACCESS TO THE PL~,TTED AREA. FO FLORIDA POWER AND LIGHT, UNITED TELEPHONE SERVICES, ANY LABLEVISION PROVIDER AND .~N-Y OTHER UTILITY SERVICE 'PROVIDER: [) THE SHARED USE OF ALL OF TRACT "A" (FOUNTMN RUN) AS _. SHOWN ON THE PLAT AS A UTILITY EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF THEIR RESPECTIVE FACIMTIES PROVIDED MJ. USES BY SUCH UTILITY PROVIDERS SHAI,!, BE SUBJECT' AND NOT INCONSISTENT WITH USE BY COI.T,TER COUNTY OR THE COLLIE COUNTY WATER-SEWER DISTRICT AS A COUNTY UTIMTY EASEMENT. '0 FLORIDA POWER A_ND LIGHT COMPANY: MORTGAGI COMMON'~. COUNTY ¢ THE UNDf OWNER A~ NOVEMBEr THOSE CE RAGE 99; RESTATED INSTRUME] ^C, ENOA ~TEM ~ / o JAN 2 Z. 200 170.00' 9.55' 100.00' 61.84' 25.00' 34.24' 50.00' 18.67' 50.00' 53.51' 100.00' 20.37' 100.00' 41.47' 9.55' N 56'05'04" W 0U-13'UJ 60.86' N 72'11'28" W 35'25'51" 31.62' S 50'40'30" E 78'27'47" 18.57' S 22'08'37" E 21'24'00' 50.99' S 63'30'03" E 61'18'52' 20.34' S 84'04'13" E 11'40'22~ 41.17' S 66'21'17" E 23'45'30' VANDERBILT BEACH ROAD EXTENSION PLATTED 5', WIDE UTILITY 87.63' EASEMENTI~-- S 89'54'24" E 10' WIDE UTILITYJ EASEMENT FOUNTAINHEAD SUBDIVISION (PLAT BOOK 24, PAGES 22-24) 45 47 46 N 89'54'24" W FOUNTAIN RIGHT OF W TRACT "E~ (L.E., D.E. ANI ~o 48 N 89'54'24" W 87.63' T RUN A.E., D.E., U.E., C.U.E. TRACT "A" 27 (PLAT POINT OF BEGINNING SOUTHWEST CORNER OF LOT 48 OF FOUNTAINHEAD SUBDIVISION (PLAT BOOK, 24, PAGES 22-24) TRACT "B" COPY OF PLAT "FOUNTAINHEAD SUBDIVISION REPLAT" P.B. 27, P. 54 JAN 2 7 200q