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Agenda 07/29/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 29, 1997 9:00 A.M. NOTICE: ALL PERSON:$ WLSHI~G TO SPEAK ON ANY AGENDA ITEM MUST REGLS'I~R PRIOR TO SPEAK~G. R~QUF. STS TO ADDRF...r~5 ~ BOARD ON SUBJECI~ WHICH ARE NOT ON TILLS AGENDA MUST BE SUBMfTTED UN WFLIT[NG WITH EX~PLANATION TO THE COUNTY A.DM[NLSTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE I~ARD UNDER 'PUBLIC PETITIONS". AN~ PERSON WHO DECH)ES 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 BE LUMITED TO FIVE (5) MINUTES UNLF..SS PERMISSION FOR ADDTI3ONAL TUME IS GRANTED BY THE CHAXRM. AN. ASSISTED LISTENING DEVICES FOR THE HEAR~G IMPAIRED ARE AVAILABLE IN THE COUNTY COMMLSSIONii;RS' OFFICE. LUN£'~FI RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MIeN UTES PROCLAMATION!.: ~ND SERVICE AWARDS A. PROCLAJ~ATIONS B. SER~qCE AWAR'~$ 1) Rober~ Mayberry - Ocho~ee Fir~ Control - 20 year%. 2) James ThomM. Parks & Recreation - 20 yeJr%, )ub/29, 1997 6~ 9) 10) Joseph Chirico - Road & Bridge - 15 years Harry All0re - Stormwater - Aquatic - 10 year~ Willie Bullard - TrafFic Operations - 10 ye. ars Evelyn Fergu~on - Department of Reveoue - 10 years Patrick Webb - Facilltie~ Management - 10 year~ ~T, dwin Barrmm - Patio & Recreation - $ years Bruce San~one - Park~ & Recreation - 5 years Brian $windale - EMS - $ years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIT~ PUBLIC PETITIONS COUNTY ADMI~'ISTRATOR'S REPORT A. COMMUI~TY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Request the Board reconsider the Developer Contribution Agreement with Commercial Development Corporation (CDC), previously approved with s~ipulatioa on June 24, 1997, to incorporate a revi~ed stipulation requested by developer. PUBLIC SERVICES 1) Consider the proposed neighborhood park options for Tract 179 in Golden Gate a~,~l provide staff with direction. 2) Re,:ommendation that the Board of County Commitsioncrs adopt a Resolution to amend the Collier County Parks and Recreation Facilities Lk.-e.n~ sad Fee P~ky sad vaperlzdlnI Re:~olution No.~. 9~..364, 96~67 and 9~-~56. (Coatinued fron~ 7/2 U97 meeting.) SUPPORT SERVICES 1) Re~4sion of the Collier County l:~rc Con:roi Contractual Agrtemen~ COUNTY A~DM~IISTRATOR 1) Apl,rove contract with V~it N,ple~,/.nc. for n maximum of $1,047,..1.~ Economic Dimmer Recovery Program, Touri~l Development funds and expenditures of ~,gS0 for annual preparation work. July 29, 1997 11. COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Update regarding Army Corps of Engineers OHr_IS) by Chairman Timothy L. Hancock. OTIIER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEAIHNGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HKARINGS - BCC A. CObEPREHENSINrE PLAN AMENDMENTS Bo 1) Petition CP-97-I, Martin D. Pinckncy, P.E., representing; Martin Frlmberger/Amy Jerd¢, requesting a small scale amendment to thc Marco Island Future Land Use Map of the Marco Island Mas~er Plan, an clement of the Grovrth Management Plan, to chat, ge the land u~e designation from Iow density residential to community commercial on .54 acres of property. ZONI]~tG AMENDMENTS C. OTHER 1) Petition AV 97-013 to vacate all public road rights of way and utilities easements and dedications ~ithin that portion of Championship Drive ('F/D/A Marriott Club Drive:) lyint east of the Collier County Water-Sewer Di~rict Pump Station; Fiddler's Creek Parkway CFPt</A Tournament Boulevard); Club Center Boulevard fFfK/A Championship Drive), as ~hown on the MarcG Shores Unit 30 Golf Course i~at; and thtt certain 60 foo! Roadway f. asemont recorded at O.R. Book 1557, Page 2335, ET SEQ; all Iocaled in Sectioos 14 & 15, Tanvstship $1 S~Sh. Range 2~ ILut. Collier County, Norida 2) Recomnu~dafio~ to the B~ard of Coenty Commissionen lo c~sl~er the spplicaflon submitted by Mediaoee Enterprises, lo-.. for the renewal of a cable franchise. Recommendation to adopt a Ba¢ld~.ow Cro~-Cc.~ne~;oo Contr~ Ordinam:e for the Collier County Watcr/Sew=r and Go. land Water Dist tics. ~) Recommendation to ~dopt a Resolution approvin~ amendments to the Fiscal Year 1996-97 Adopte~i Budget. July 29, 1997 RecommcndJtion to adopt I Pu~olution approv~nt amcndmcntJ to FiKal Year 1996-97 Adopted Budge~. Petition CCSL,-97-2, William L. Hoover, KIC1P, of Hoover Planning Shoppe, representing The Vanderbilt Be~cb Motel requesting a Contel Coa~tructioa Setback Variance to allow for con. ruction to enclose t~ first f~or of an ezi~ing ~tmcture for two meeting rn, oms (oDe with bxr). motel offices, ~torage, and restroom~, located at The V~nderbilt Be~c.h Motel, Lo~ 4, Block A, Conners Vanderbilt Beach K~te$, Unit No. 1, Sec. 32, T48S, FClSE. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS i) 2) 3) 4) Petition V-96-2~, John Grt~om repre~nting Landmark Commualt~t. c/o Mike Jep~n, ~qu~in~ a 1.94 f~t dimensional vat.ce f~ t~ ~r y~rd ~tbick ~qui~ment ~fi~ (~ f~t for ~ acc~ ~cm~ la a PUD ~niag di~ct for p~y ~ated in Q~n'i PI~ Su~ at ~go Vein, Ph~ ~ven, ~t 1~, ~ IS, T~S, ~6~ (Contln~ed to the m~tint of 9~ Petition V-96.31, Daniel Tetlow, Jr., requesting a 7.25 foot dimensiontt variance from the side yard ~etback requirement of 7.5 feet to ~Jlow an ex~stlng single family dwelling unit to vem~n at .25 fe~t from the we~¢riy side property llne in an RSF-4 :~oning District for property tocated in Naples Manor SubdJvi~on, Unit 1, Block 4, Lot 8, ~ 29, TSOS, g26F_ Petition CU-97-14, Paul Talc'O, Tru~tee~ a~ core.ct buyer for WR Rc~hy Partners requesting Conditional Use '4' of the C-4 Zoning District for the establishment of a dry marina, new and uKd boat ~ad equipment ~Je~ Lad related Jen~ce work for propert)' located at the interaction of Bald E~glc Dr~ve and Windward Drive, further described u Lot 11, Block 776, Marco Beach, Unit 4 Replat, in ~ 8, T$2S, R26E, conslst~ng of 0.94+/- acre-, Petition FDPO-97-1. William L Hoover, AICP, of Hoover Plannint Shopp~ representing Vanderbilt Be~ch Motel rcque~ing a 4.1 foot variance from the minimum required bun flood clevat~ of 13 fee~ NGYD to 8.9 feet NGVD for pro~rty located at 92~ Gulf Sbures Drive Nort,h.. Petition NUC-97-2, Beau Keene, P.F., repre~nting F~r~ Charter ~h~ of gh~l z~d ~izted ugl for p~y ~ated =t t~ ~thw~ co~r of t~ intention of ~lden G~te Parkway and ~* St~t SW. con.tint of OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIOHS 15. STAFF'S COMMUNICATIONS July 29, 1997 16. CONSENT AGENDA - All mat~ers ll~ed under this item tn: consldcrcd to be routine tod ~ion will ~ ~ke. by one motion withal ~p/ratc di~u~on ~ ~ch i~ ~ di~ b ~i~d by s mem~r ~ the ~ard, th~t item(s) will ~ ~m~ fo~ t~ Con,at A~da ~d c~Mde~d ~pa~tely. COIVIMUNITY DEVELOPMENT & ENVIRONMENTAL g~RV1CF. S t) Recommendation to approve the final plat of "Village Walk Pha~e Six". 2) 4) Recommendation to approve the final Recommendation to approve the final Recommendation to approve the final Recommendation to approve the final Recommendation to ~pprove the final Recommendation to approve the final plat of"AvilL Unit One". plat of"Avila, Unit Two". plat of "Avila. Unit Three". plat of"Avila. Unit Five". plat of "Avila, 'l~nit Siz". pilot of"Avila. Unit Four". B. PUBLIC WORKS 1) Request the Board authorize the Chairman to sign an Environmental Resource Permit Application necessary to carry oat repairs to Bridge 030176 (Vanderbilt Drive over Bi~ Bathe Para). 2) Recommendation that that Board anthorizt proceeding: with judicial action for Prescriptive Easement Rights for Collier County and the public to a s~gment of roadway known ~ Miller Boalevard Extension and to direct staff to approach property owners to donate e.x~ment inter~ts to Coil~r Canary. 3) Recommendation to ~cbedule for adverti~mc, nt an Ordinance c~ating the Radio Road Boautific..ation Advt.~ory Commit'tee; prt~vidlng for appointment and comp<nitkm; netting forth terms ~ offio~ pcoviding for removal from office; failure to attend moetingg providing for off'n:crk quolnam, rules of procedure; prn~dlng for reimbor~n~at of expend; ~etting forth the fuactiong power% and duties of the Committee; sorting forth the duties or,he Cozxnty Administrator or his Deaign~;, providing, re~4ew praters; pros4dlng for cooflh:t tod tevcrability; providing for inclusion in the Code of Laws and Ordinancex; and prm4ding to e~'ectJve dale. 4) Approve a Coa~t.,'uction Change Order ~vitb l~:tier R~ad~, Inc. for ~he g.atllesnake Hammock Road Four Laning Project, Bid l~o. 95-2441. s) Recommendation that the Board of County Commiuioners approve a Purchase Agretmeflt for the ~ of Su~lus P~y ~own ~ Quit C~ Unit 2, Outlot 'B", Plat ~k 13, Pa~ 74-77. July 29. 1997 Approve L~mec, loc ts ~ole source vendor of lighting for the Lmmokzlc~ l~owntown StreeLtcape l~tutJficJtlon Project. Approve a Construction Change Order with APAC-Florlda~ Lac. for the Vanderbllt Beach Road Four Lanlng Projec~ Bid Numl~r 9~-24~8. s) Recommendation that the Board of Count~ Commls~oacrs autbortt~ t Change Order to the Vaccaro Consultlng~ Inc.. Agreement to develop a l~nctioflal Specification for DOR Utility Billl.--~, S~lid Waste., Special Al.~e. tsment and Ct~h Receipts Bus~ne.~ Functions. C. PUBLIC SERVICES i) Approve the attached budget amendment that pro¥~de~ the funds to in,axil a Johnson Climate Control System a~ part of the Marco I~lnnd Et.-xnch L~brary expansion project. Award Bid #97.2701 to J. W. Craft, Inc. for the u~e of portable toilet rentals at all Collier County Park facilitio. " Rcpor~ to the Board on the status of ~ortda Communities Trust Preservation 2000 grant funding approval relative to the Sugden Re~ional ' Park and recommendation that the Board authorize its Chair'man to execute appraisal agreements should additional appraisals be required by th~ trust. 4) Rvcommendation that the Board accept two quitclaim deeds for the donation of the property situated in Section 16, Township $2 South, Range 26 East, Collier County for park and recreational lands. Approve the Tigertail Beach Concetsion Agreement with Cool Conce~ions, thc_ 6) Approve the attached budget amendment tran~er~ng funds from Personal S~'~ce~ to Capital Improvements in Fund 111 ~.mok.~ee./Evertlade~ MSTD. Authorize continuation cmxtracts between Collier County and the Area Agency on A~ng for .~thwest Florida, In~, for ~erv~ccs to t~ elderly. D. SUPPORT SERVICES I) Authorization of Funding for the Payment of thc Annual SystemJ Maintenance Agve~mcnt for the Human Re~mrce~ lMormafion System Software COUNTY ADMINISTRATOR 1) Bu,:lge~ Amendment l~epo~ 2) Re~:ommcndatton to increa.~e the Air-port AuthoHty's fuel budgets at nil three airports ~o that t~e Aut~,crity can continue to supply AV $~ ~nd fuel to their customers. JuJy 29, 1997 ir. BOARD OF COUNTY COMMI~IONZR~ MISCEi~,ANEOUS CORRF. SPOND gNCl 1) I~{I~C~,I~I.~EOI{JS rl~MS~'l~O ]rll.,[ lrog R~COI~.D WI'I'll ACl'IOlq OTHER CONSTITOTIONAL OFFICERS COUlq'~' A'I'FORNKY ADJOURN IL L 17. 7 July 29. 1997 A~ENDA ~HAN{TES BOA.RD OF CO[INTy ~OMMI.~.~IONERS' MEETING IUL Y 2~, ADD: Item 5(C)(I) - Presentation by the Court Administrator regarding the reimbursement from the Violent Crime Council for the Cracker Barrel case. ADD: Item 8(E)(2) -Adopt a resolution and fixing the date, time and place for the public heating for approving the special assessment against properties within Pelican Bay. (Staff's request). ADD: Item 10(B) - Discussion regarding the request for reconsideration of the utility regulation ordinance. (Commissioner Constantine). CONTINUE: ITEM 12( (2)(!)- Petition AV 97-013 to vacate all public road rights of way and utilities easements and de~lications with that portion of Championship Drive - Fiddler's Creek. (Staff's request). CONTINUE: ITEM 12.(C)(2) - TO AUGUST 5TM - Recommendation to consider the application submitted by Media One Enterprises, Inc. for the renewal of a cable franchise. (Petitioner's request). CONTENUE: ITEM 12(CX6) - TO AUGUST 5TM - Petition CCSL-97-2 The Vanderbilt Beach Motel requesting a Coastal Construction Setback Variance to allow for construction to enclose the first of floor of an existing structure. (Petitioner's request). CONTINUE: ITEM 13(AX4)- TO AUGUST 5TM -Petition FDPO-9?-I Vanderbilt Beach Motel requesting a 4. ! foot variance from the minimum required base flood elevation. (Petitioner's request). EXECUTIVE SUMMARY REQUEST THE BOARD RECONSIDER THE DEVELOPER CONTR/BUTION AGREEMENT '~qTH COMMERCIAL DEVELO?MENT CORPORATION (CDC), PREVIOUSLY APPROVED WITH STIPULATION ON Jl.,qqE 24, 1997, TO INCORPORATE A ]~KEVISED STIPULATION REQUESTED BY DEVELOPER. ~ To present a revised stipulation concerning the assignment of road impact fees for a Developer Contribution Agreement with CDC at the request of the Developer. CO_NSIDERATION$.' On June 24, 1997 (Agenda Item 8B(5)), the Board approved a Developer Contribution Agreement with CDC for a road impact fee credit in the total remount of $717,970.00. The purpose of the Agreement was to cempen~te CDC for the donation of a parcel of land for the east-west segment of the future Livingston Road project (Attachments No. 1 and No. 2). That Agreement contdned a clause which would have permiued CDC to assign any or all of the credits to anotk er developer for its use within the Road Impact Fee District. During the discussion of this item before the Board, the chairman requested that the amotmt of um'estricted assignable credits be limited to $520,000 with the remaining $197,970 of credits to be used on Ire developer's projects within Road Impact Fee District No. 1. The developer's representitive who was present at the meeting was not authorized to make that adjustment x~4thout confe~ng with CDC. Since the original approval, the developer and his representative have had au opportunity to review the Board's stipulation arid the developer is now coming '£orward wit,h an alternative to present '~o the Board. CDC now proposes to use $112.000.00 of the ~otal of ~;717,970.00 wholly within tire de~,eloper's projects that are within Road Impact fee Disffict No. I and to have the remaining f,605,970.00 availab!e for assignment as it deems apphcable within that District (Anachrnent No. 3). The developer has made this request, to reduce from $197,970.00 to $I 12,000,00 those credits to be used on ti~e developer's projects, because there is presently a building permit scheduled to be issued that '~ri!l require a payment of $88,000.00 in road impact fees. 'Fh, is permit was scheduled to be issued on July 20, 1997, a time betbre which the subject roar] impact fee c:'edits will be available. The developer's representative h~ submitted a letter ~tting forth additionaJ information relative lo tiffs requested revision (AttacNnent No. 4). Since tiffs proposal is diflkrent from the stipulation requested by the Board in the original approval, Staff requests fire Board review it before presenting the Agreement to ~e Chairman for signature. FISCAL IMPACT;, If the revised ~pulalion ks aplxovcd m pen oldie Agrecmcm. fl'~Tc will be no substantial change from the original fiscal impact. Spccif)cal~, $605,970.00 will be available for use by this developer, or i~s assign.s, on o(bcr ixojcc~s within Road Imp~c~ Fee Disuic~ No. 1. GROW'TH MANAGEMENT IMPACT: This proposal is ~1 comigcnt with thc Cotmty's GTowth Maz~gcmcm Plan. I~COMMENDAT~gNS: That thc Board rcvicw thc rc~sc~ propor~l ^grccmcnt; approve the revised language and authorize thc Chairman to cxccute it on behalf of the Board; authorize Staffto process the appropriate documentation to effect the Board's PREPARED BY: '~~, DATE: Edw~,.,d J~l'~E~nior Engineer id F. Bobanick, Interim Dav~ ransportation Services Director REVtWED DATE: 7 Ed llschner, Public Works Administrator ,/ -/ Attachments: No. 1 - Location Map No. 2 - Sketch of Subject Lanci Donation NO. 3 - Revised Proposed Develop)er Contribution Agreement No. 4 - Letter ot~ July 1,~997, from IR. Bruce Andemon to County St~ff -! ' I ,4 II, x E'5 7'~ T E E DEVELOPER CONTRI~B~ON AGI~F.F.M]~NT T~-IIS DEVELOPER CONTRIBLrrlON AGI~£~MY_2~ ~ncrein~fter refex'~d to ~ t~ 'Agreement') is made ~nd entered into this day of ..... 1997 by and between COLLIER COUNTY, m poLitical subdivision of the State of Florida (hereinafter referred to as "County') whose ~i~i~g address is Admlnlstration Building, 3301 Tamiami Trail East, Naples, Florida 34112, ~d COI~fi~IERCIAL DEVELOPMENT COI~PANY, its successor~ and assigns (her~k~f'ter r~ferred to as "Developer') whose mailing address 5150 North Tamiami Trail, Suit~ 301, Napl~, Florida 34104. RECITALS; WHEREAS, Developer is the sole record title holder of the real properD' (the "Property') located in the unincorporated ar~a of Collier Count'y, Florida, presently zoned for industrial uses, said Property lx:ing described in Exhibit "A" wttich is at~ched hereto and made a pan hereof; and ~._~, Developer represcnls that no obligation or unde,"~aking he.,~uader is barred or protgbited by any conwacma] a~reemeut with an}, other per, on or en~ity: and ~S, Counry is desirous of making improvem~.nr~ and expan~ion~ to Livingston Road right- of.-way ~long the Property's southern boundary, for which the Couu~ has requested that ad~litional ri/,ht- of. way be dedicated by the Developer, said dedicalion of a portion of the ?;operty. be/ag mo~ compleIely descn'bed and depicted in Exhibit "B" which i~ atlached hereto and made a pal hereof ~ereinaf~r referred to as the "Contribution'); and WHEREAS, County Road hnpact F~ Ord/aan~ No. 92-22, as amended, r~lu/r~ that the value of the Conm'bufion shall be ba:~ed upon ~ appraisal of market val~ of the Conm'btnion; iud WHER.~, the County and D~veloper have caus/xl the market value of the Conta'bu~ion ~o be appraised; and ' /)o. 3 I I WI-tEREAS, Developer will be submitting petitions to the County for Subdivision Master Plar~l~ and Plat approval for the Property; and WIa, EREAS, both parties to this Agreement acknov, ledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, shall be assignable to any other property or ~ny other developer of a land development project in the County's Road Impact Fee District One, and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted; and WHEREAS, both parties to this Agreement acknowledge Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which Developer is responsible in connection with the development of the Property; and WI-IEREAS, such proposed plan is in conformity with contemplated improvements and addition to the tran~x~rtation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or p~opo:,ed plans, will not adversely impact the: cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network; and WI-IEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadways; and W','-IEREAS, the proposed plan is consistent with the public interest; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to ;,ddress any permit, condition, term or restriction shall not relieve either party, or thei,' successors, of the necessity of complying with any law, ordinance, rule or regulation governing sa. id permitting requirements, conditions, terms or restrictions; and W~£REAS, both p,'~rties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding, upon and shall inure to the succ'.ssors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Development Agreement Act. NOW, THEREFORe::, for and in consideration of the premises and respective undcr~ldngs of the p~_rties hereinafter set forth and the sum of TEN DOLLARS ($10.00), and other gcxx:l and v~luabl¢ consideration, the receipt and sufficiency of which are hereby mutually ac 'knowledged, it is agreed by and between the parties as follows: The above recitals are true and correct and are herewith incorporated as a part of this Agreement. 2. The Developer has the right to convey the Contribution, and at closing there will be no other person or entity who ha:~ any right in the aforesaid Contribution. The Developer knows of no defects in title of the Contribution and has identified any lienholders having any lien or encumbrance a.ffecfing the Contribution. The Developer will be authorized to convey title to the Contribution. Developer agrees to convey the Contribution and County agrees that any right-of-way drainage shall be placed within the Contribution. 3. The Developer has provided a title certificate reflecting the record title holder of the Property and identified any lienholders having an,v lien or encumbrance affecting the Contribution. 4. The Developer shall not encumber or convey any porlion of the Contribution or any righ~ therein, nor enter into any agreements granting any person or entity any rights with respect to the Contribution or any par~ thereof, without first obtaining the written consent of the County to such conveyance, encumbrance or agreement. 5. The Developer shall convey to the County via Warranty Deed and frec of all liens and encumbrances, the Contribution, more particularly described in Exhibit "B". Developer shall also provide County with an attorney's oppinion. County shall be responsible for all recording costs. This Agreemenl shall be effective on the date it is executed by said Developer and the County. 7. Upon recording of deed, the County hereby agrees to grant to Developer Road Impact Fee Credi~ pursuant to Collier County Ordinance 92-22, as amended, for the fair market value of the Contribution acreage described herein and in the amount set forth in Paragraph 8 h~kbf. 8. Upon recording of deed, the Developer shall be entitled to a Road Impact Fee Credit in the amount of Seven Hundred Seventeen Thou~nd Nine Hundred Seventy and no/100 Dollars ($717,970.00); however, the obligation of Developer to perform under this Agreem,~nt is expressly contingent upon and subj~t to the County's approval of a Subdivision blaster Plan and Plat mutually acceptable to the Developer and to the County for the Proper~y. Failu~ of this contingency of County approvals shall discharge and reiease Developer of any obligation or liability under this Agreement. 9. Upon recc'rding of the deed, until the balance of the Road Impact Fee Credit has been reduc.~ to zero (0), or until seven years after Ihe Cate of recording of the Conveyance instrument from the Developer, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer or ils successors and assigns is required to pay for each building permit which is applied for on the Property, or other proper~y located within Developer's communities within Road Impact Fee District One or as provided in Paragraph 10 herein, reducing the balance of the Ro~d Impact Fee Credit by the same amount due for each building permit so issued. I0. Up to Six HundTed and Five Thousand Nine Hundred and Seventy Dollars ($605,970.00) of the Impact Fee Credits granted to Developer hereunder shall be t~nsferable and ~signable in whole or in pan to any successor or ilssign designated by Mid Developer, subject to credit application within Road Impact Fee District One, as defined in Ordinance 92-22, Appendix B, as amended. In addition, such Impact Fee Credits may be used by Developer, its successor or assigns, for any land d~velopmen~ project in Road Impact Fee District One. ! 1. County shall provide Developer wi~l~ a certified copy of this Agreemem, including :~11 exhibits attached hereto, such that Developer's certified copy of Exhibit "C" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road I~act Fee Credits. County shall provide Developer, upon Developer's request, ~ copy of Ihe County's Road Impact Fee Ledger Sheet reflecting credits issued. 12. This document i~,corporates a!l agreements or undersu~'~dings applicable to the matters contained herein, and the par~ies agree that there are no commitments, agreements or understandings concerning ~he subjecl matter of this Agreement that are no~ contained in t~his Agreement. Accordingly, i~ is agreed that no deviatior, of the terms hereof shall be predicated upon any prior rep~senmtion or ~reements, whether oral or written. It is further ~greed that no mocli£~tion, amendment or .~ltcration of the terms or conditions con~.ined herein shall be effective unless contained in a ~rit~en document executed v,,ith the same formality, a~d of equal dignity herewith. 13. Unless otherwise specifically stated herein, this Agreement shall be governed and con.strue~.~ in accordance with the Laws of the State of Florida. 14. Developer shall be entitled to maintain one separate construction access point at a location determined by Developer and ~pproved by the County along Livingston Road. Said access point shall be closed upon the earlier of availability of ~n alternate access point or internal subdivision roadway, or two (2) years from the date of recording of the Deed for the Contribution. 15. Developer acknowledges that the donations or contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by a highway or road agency for the improvement of a road wilhin the boundaries of a right-of-way. 16. County shall record this Agreement in the Public Records of Collier Count)', Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. 17. Either party to this Agreement may file an action for injunctive relief in the Circuit Cou of Collier County, Florida, to enforce the terms and conditions of this Agreement, mid remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement. ! 8. This Agreement nnay be amended or canceled only by the mut~zd conser~t of the parties to the Agreement or by their successors in interest. 19. This written Agreement, including :.~l exhibits at~ached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior to contemporaneous written o;' oraJ agreements, understandings, promises, warranties or covenants not contained herein. 20. This Agreement may be executed in counterparts, each of which shail be deemed ~,a original, but all such counterparts together shall constitute but or~e Agreement. IN WITNESS WHEREOF, the County and the Developer have caused this Developer Contribution Agreement to be signed on the day and year first written above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: te or Typed Name Printed or Typed Name COMTdERCIAL DEVELOPMF.2~tT COMPANY By: ~' Raymond P, l~.mier Primed or Typed Name President, Imperial Homes of Naples, Inc. a general partner Tide STATE OF FLORIDA COUNTY OF COLLIER NC:~',sd~¥ SEAL M WA~ EXP. DEC. · nh __ The foregmng Developer Contribution Agreement was acknowledged before me this c~ day of _~,,JLL ~ , 1997, by Raymond P. Bernier as President, Imperial Homes of Naples, Inc.-~'eneral of Commer[:ial Development Company ~ :- -----;or, all:- k~;~ ~-me r~cocLueed -- ~. ~ .Jrt Signature of Notary Public Printed Name of Notary Public NOTAEY PUBLIC ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMI?~IONERS OF COLLIER COU'NTY, F'LORIDA Deputy Clerk By: Timothy L. Hancock Chairman APlxovcd as to form and legal sufficiency. Heidi F. Ashton Assistant County Attorney .,,;i 2.5 EXHIBIT "A" LEGAL DF_~CRIPTION The South 1/2 of thc South 1/2 of the Southwest 1/4 of S~ction 10, Township 48 South, Range 25 East, lying East of U.S. Highway 41, Collier County, Florida, less the South 50 fi~et thereof previously deeded to Collier County for road right- of-way. AND The North 920 feet of the Southwest One-Quarter (SW 1/4) of the Southeast One- Quarter (SE I/4), lying West of the Atlantic Coast Line Railroad Right-of-Way, located in Section 10, Township 48 South, Range 25 East, situate, lying and being in Collier County, Florida. AND That portion of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 10, Township 48 South, Range 25 East, Collier County, Florida, lying West of the Afl,antic Coast Line Railroad Right-of-Way, LESS and EXCEPT the South 50 feet and the North 920 feet thereof, and subject to a 30 foot easement along the West line thereof for road right-of-way purposes: Containing 41.71 total acres of land more or less; subject to easements and restriction of records. 2 ~2OMMER CI~.~G A LDF.~. DCA HMA FILE. ~185.31 MAY 31~ 1989 PARCE'L 13.-T DESCRIPTION,. ROAD RIGHT-OF-WAY. A PARCEL OF' LAND LOCATED IN THE SOUTHWEST I/4 .OF' b"ECT1ON 10, TOWNSHIp 48 SOUTH, f"ANGE 25 EAST, COLLIER COUNTy~ FLORiDA, BEING MORE PARTICULARLY DESCRIBED AS F'OI.LOW$: COMMENCE AT THE $OUTHF_~"T CORNER OF SECTION f0, TOWNSHIP 48 SOU'I'H, RANGE 25 EAST, COLLIER COUNTy~ FLORIDA~ THENCE RUN N, Bg'59~18. W. ALONG THE ~OUTH LINE OF' THE SOUTHEAST 1/4 OF' SAJD SECTION 10 FOR A DtSTANC.~-~F fl'Jr 2543.48 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID ~ECTION 1~ THENCE RUN N. 02~13'14- W. ALONG THE EAST LINE OF THE. SOUTHWEST 1/4 OF &~JD ~ECTION 10 FOR A DI~'IANCE O~ 50.03 FEET TO'A POINT r~O. O0 FEET NORTHERt.y O~ AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE $OUT~T 1/4 OF ~D ~ECT~ON 10 ~dffD THE POINT C~ BEGINNING OF TME PARCEL OF LAND HEREIN DESCRIBED~, THENCE RUN N. ~9'$8'$5" W. PARALLEL WrTH THE SOUTH LINE OF' THE SOUTHWEST 1/4 OF' SAJD SEC~ON 10~ FOR A DISTANCE OF 145~.03 FEET 3'0 A POINT ON THE EASTERLY RIGHT-OF-wAY LINE OF C.R. ~ (OLD U.S. 41), A 150.00 FOOT RIGHT-OF-WAy; THENCE RUN N. 31.1~22 E. ALONG T}{E $~J~) ~RLY RIGHT-OF-WAY LINE FOR A DIST~J~CE OF IK3.$9 FEET; THEN(:.I~ RUN S. 89*58~55. E., PARALLEL WITH THE SOU'~ LINE Of~' THE $OUTI-fW~5~ 1/4 OF ~AID SECTION 10 FOR A DISTANCE OF 140~34 FEET TO A POINT ON THE EA.5~ LIh~E OF THE SOUTHWEST I/4 OF SAID SECT]ON 10;, THENCE RUN ~. 432'13'14. E. ALONG THE ~MD ~ LINE FOR A DISTANCE OF ~0.07 F~ET TO THE I~JfHT OF ~EGINNIN(t~ CO~'TAtNING 2.63 ACRES, MORE OR I~.ARIN~' ~'~tOWN HEREON REFER TO AN A,~SUMED BEARING OF N. 89'5g'!8" W. ALONG 'file SOUTH LtHE OF THE SOUTHEAST 1/4 OF I~EC't3ON 10, TOWf~SHIp 48 IIOUTH~ RANGE 2~ F.A.qT, COLLIER COUNTY, FLORIDA. ~"tR~IECT TO EASEMENT~ RESE. RVATION~ OR RESTRICTIONS OF RECORD. · GNE13 0~/31J~g HOLF.~ MONTES & AS.~OCIATE~ INC. STATE IOF FLORIDA NOTESt BF. AI~ING'~ SHOWN hEREON REFER TO AN .A~UMED E.EARING O~ . No ~,9°59t18~ W, ALONG THE SOt.,q"H LII',iE OF .THE SOUTHEAST 1/4 OF SECTION iO~ TOWN~HIP 48 SOUTH, RANGE 25 EAST~ COLLIER COUNTY, FLORIDA., 5'UI~JECT 'TO F,.~SEMENT~ RESERVATIONS 01=. RESTRIC~IONS OF "I;~I.ECORO'' PARCEL 1:! PAP-.~NT TRACT L4GAL 'DESCRIPTION REF~-.RENCES RECORDED IN O.P. 8OOK 1~21 AT PAGE 125~. AND O.R. EOOK 1(~1 ,.AT PAGE 1~8~. OF THE PUBLIC RE:CO'EDS OF COLLIER COUN~'Y, FLORIDA. PARCEL 13,-T' - PARCEL TAKE NOT A S~JRVEY , t-k~, Mc~'es & Assodates HMA FILE #85.31 ". JUNE 1, 1989 PARCEL 23-T DESCRIPTION: ROAD RIGHT-Of-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 4B SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~, COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAET 1/4 OF SECTION 10,' TOWN~HIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA; THENCE RUN. N. 02'13~$4" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION'. 10 FOR A DISTANCE OF S0.04 FEET TO A POINT SO.00 FEET NORTHERLY OF, AS MEJkSURED AT RIGHT.ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST 1/,I, OF ~AIO SECTION 10 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN I' DESCRIBED~ THENCE CONTINUE N. 02°13'14" W. ALONG THE SAID WEST LINE FOR.. A DISTANCE OF 80.08 FEET TO A POINT 130.00 FEET NORTHERLY OF, AS L MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1~ THENCE RUN S. sg*sg~18" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 731,40 FEET TO A POINT ON A CIRCULAR C~RVE, CONCAVE TO THE SOIJTHEAST. WHOSE RADIUS POINT BEARS S. 83°56'32" E. A I~TANCE OF 22983.30 FEET THEREFROM, THE SAME BEING A POINT ON THE WESTERLY RIGHT-DF-WAY LINE OF THE ATLANTIC COASTLINE RAILROAD, A 130,O0 FOOT RIGHT-OF-WA'; THENCE RUN SOUTHW~SYERLY ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 22983.3 FEET, THROUGH A CENTRAL ANGLE OF. 00'12'03~ SUBTENDED BY A CHORD OF 80.56 FEET AT A BEARING OF S, 05~5T'27~ W. FOR A DISTANCE OF 80.5S FEET TO A~ POINT 50.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF_T~E: SOUTHEAST I/4 OF SAID SECTION 10~ THENCE RUN N. 89'59~18" W. PARALLEL WITH THE 'SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 719.95 FEET TO THE POINT OF BEGINNING, CONTAINING 1.33 ACRES~ MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N. 89°59'18" W... ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 4S ' SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS~ RESERVATIONS OR .RESTRICT)ONS OF RECORD. SIGNED 0~/01~g HOLE, MONTES & ASSOCIATES, INC. THOMAS J. GARR~S P.L.S. #3?41 STATE OF FLORIDA BE.id~N(J~. SHOWN HEREON REEER TO AN ASSUMED BEARING OF ~ ~'59'18E W, ~ONQ ~E ~O~ LINE OF ~E SO~EA~ 1/4 OF ~ON 10e TO~HIP ~ ~O~ ~GE ~ ~ COLLIER COU~Y~ PAR~L ~ PA~ 'r~ LEGAL' DE~CRIP~ON. RE~NCES~' ~CORDED IN ~ ~K I~3 AT PAG~ 11~ ~ROUGH 11~ ~D O,~ ~OK 1314 AT P~ I~ ~D 1~ OF ~E PUBLIC ~COR~ OF COLLIER'~OU~Y~ FLO~D~ ' ' · ~ ~T - PARCEL TA~ F. XEIBIT DEVELOPER'S ROAD IMPACT tt.~. CREDFT LEDGER ]]~[]~!~]~T.,~I:~ This Rosd lmp~c~ F-~ C~xlk L~l~Cr is b~-nded to ~':umcm the balar~ce of Road Impac~ Fee Credits applyJn~ ONLY m the follmvinI projx'~y: The South !/'2 of the South 1/2 of the ~ 1/4 of Se~io~ 10. Township 48 So~th. Range 25 East. lyin~ Ea~ of U.S. Highway 41. Collier Coua<7, Flork~, less thc S<~th 50 feet thereof previously deeded to Collier County for road ri~hv, of-way. AND The North 920 feet of the So~hw~s! One-(~.tancr (SW 114) of the Soutbe.%.~ ~~ (SE 1/4), lying W~ of ~ A~ Cm~ D~ ~il~ Right~-Way. ~at~ in ~ 10. To--hip 48 ~Lh, ~nge 25 ~t. situate, lying ~ ~in8 in Collar C~nty, ~ofi~. AND That portion of the Southwest Quarter (SW 1/4) of the Sous'he.~t Quancr (SE 1/4) or Section 10, Township 48 South, Range 25 East, Collier Count, Florida, lying West of the Atlantic Coast Line Railroad Right-of-Way, LESS and EXCEPT the So~th 50 feet and the North 920 f~.-et thereof, and subject to ~, 30 fool cascmen~ along thc Wcst line then:of for fond fight-of-way purposes: Containing 41.71 total acres of land more or !ess; subject to cascmcnts and restriction nf r~:ords. Beginning Balance ............ S 717.970.00 DATI~ PER.MFF NO. ROAD IMPACT IMPACT FEE CO. OFFICIAL DEVELOPER ~ DU~ ~D~ BA~ ~PR~E~A~ ¥o~.~o, V~N ASSaNDga~ & VA~mADOg, P.A. AT~O~N~W$ AT kMv Naples July 1, 1997 VIA IXAND DELIVERY Heidi F. Ashton, Esq. Assistant County Attorney Collier County Government Center Administration Building, Eighth Floor 3301 E. Tamiami Trail Naples, FL 34112 ,,nd Edwa d J. Kant, P.E. Transportation Services Building Collier County Government Center 3301E. Tamiami Trail Naples, FL 34112 RE: Commercial Development Company; Agreement for Livingston Road Dear Heidi and Ed: Developer Contribution At the June 22, 1997 Board hearing on the above referenced agreement, the County Commission requested that my client agree to amend the Agreement to provide that at least $200,000 cf the road impact fee credits must be used on properties owned by By client and their successors and assigns located within Road Impact Fee District ~1. The remaining $517,970 was to bm freQly transferrable and assignable by my client to any property owner within Road Impact Fee District 1. As I indicated at the Board meeting, ! did not have authority to agree to that change and would have to consult with my client. The Agreement as proposed to be amended by ~he Board was approved, with the understanding that if my client did not agree to the change, the Agreement would have to come back to the Board. Although my clien~ is desirous of continuing to cooperate with the County on this matter, as an alternative to the request that $200,000 of the impact fee credits be used on my client's A properties, we would propose that $112,000 of the road impact fee credits must be used on properties owned by my client and~ successors and assig~, located within Road Impact Fee DistriCt 4~.~I~ I Heidi F. Ashton, Esq. and Edward J. Kant, P.E. July 1, 1997 Page 2 The remaining $605,970.00 would be transferable and assignable to any property within Road Impact Fee District 1. The reasons for my client's proposal are as follows: On July 20 my client is scheduled to sell a portion of the property to a third party for construction of a building for which road impact fees are due in the amount of approximately $88,000. Because impact fee credits are not available until there has actually been a closing on the conveyance to the County, my client would not be able to use $88,000 of the $200,000 impact fee credits that have assignability limitations; hence, one reason for the request to change the $200,000 figure to $112,000. My cliert has a $350,000 mortgage on the property which will have to be paid in order to clear title for the conveyance of the right-of-way to the County, and the client will use the bulk of the impact fee credits that are not subject to assignability limitations in order to get the mortgage released. The area that the County is acquiring for right-of-way was planned to be used by my client in part for on-site wetlands mitigation. Since the County will be acquiring the entire piece, my client will have to acquire upwards of $180,000 of mitigation land elsewhere, and my client would be selling the impact fee credits to cover the costs of mitigation land. I have enclosed an Agreement which has been revised in Paragraphs 9 and 10 in accord with my client's proposal. There are no other changes to the terr~s of the Agreement. I am providing the original to Heidi since she will need to sign it, with a copy to Ed. Simply attach the new Agreement to the previous exhibits for the Agreement originally submitted. We would request that this matter be scheduled for the July 29 County Commission m~eting. Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, R. Bruce Anderson RBA/cJw Enclosure/ as stated cc: Commercial Development Company with encl. EXI:~ SUMMARY ~..~COMMElqDATION TItAT l'IEE BOARD OF COUNTY COMMISSIONERS CONSIDER TH~ PROPOSED H~IGHI~ORHOOD PARK oPTIOHS FOR TRACT 179 IN GOLDEN GATE AND PROVIDE STAFF WITH Objettlve: That thc Board of County Commissioners consider thc proposed neighborhood park oi:aions for Tract 179 in Golden Gate and provide staffwith direction. Comklernttou: On Mm'ch 26, 1997, Commissioner Constantine approached the Parks and Rocreation Advi~y Board on behalf of the Golden Gate community about constructing a neighborhood park on Tram 179 in their area. The 4.55 acre property is currently owned by Avatatr Properties, [nc. Thc Department of Real Prop~.'Tty contacted Avatar about selling Tract 179. Avatar is willing to sell thc property. if the Board directs staff to negotiate thc purchase of Tract 179 for purposes of a neighborhood park , then the Board should consider the following funding options pursuant to conva'ucting such p ak. Traditionally, constn~ct:ion and operation of neighborhood parks have been budgeted and funded fi.om the General Fund (00l). Currently funding for this park has not been budgeted for 1997- 1998. On June 24, 1997, th(: Board directed staffto develop a contract for a newly updated impact fee study. Upon the findings from this study scheduled for approximately later this year, the construction of the park could be funded from impac! fees with the operating expenses funded from the General Fund (001 ). On June 24, 1997, th(,. Board adopted the "Creation of Neighborhood Parks" policy. This policy allows communities to fund the construction and operation of their neighborhood park through a Municipal Service Taxing District. Steps necessary to fund the park using this method could begin immediately. 4. Hold property for later development. lqsenl Impact: Tract 179 wo-ald be purchased from Fund 001 CRab. ryes), Impact Fees. ur a local MSTU, . 'l'be development of the park site would be flora either thc General Fund (001), Impact Fees or a local MSTU. Opz-raficm~l expensea wo~lld be obta;.ned from the General F~and (0431) or a loc. RI MSTU. Growth Mam~gement: The 4.55 acre park site would be added to 0~e Collier County inventor)'. R___~et, mmemlnt3on: That the Board of County Commissioners consider the proposed neighborbo~ park c~or~ for l'rac~ 179 in Golden Gate and provide st~ff with direction. ~~s C. oo~L-mtor Depmlm~ of Parks and RecTeation Maria Ramsay, DJrectoy/ Department of Parks and Recreation rate: EXEC~ SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION TO AMEND THE COLLIER COUNTY PARKS AND RECREATION la'ACILITIES LICENSE AND FEE POLICY AND SLT~ERSEDING COUNTY RESOLUTION NOS.96-3~4, 96-467 AND 96-5~ Objective: To have the Board of County Commissiomn adop~ the anached Resolution to amend the County's Parks and Recreation License and Fee Policy and superseding Collier County Resolutions Nos. 96-364, 96-467 ar~ 96-556. Comiderations: The Board of County Commissioners l~ViOUSly adopted Resolution No 96-364 establishing a County policy to maximize utilization of user fcc~ and / or concession revenues to partially offset the operating cos1 of Pa,-ks and Recreation programs. Thc Board has also adopted subsequen! Resolutions regarding fees and charges for programs and facility tu~e. This Resolution clarifies several definitions, makes formal changes and amends some fee structures for facilities and programs. The changes include new a five dollar ($5.00) per hour fee for all tax exempt not-for-profit groups utilizing the park facilities. Previously thcs: groups were fee exempt. All Category I users will pay the five dollar ($5.00) per hour fee unless engaged in fund raising activities. Other changes are as follows: Collier County Parks and Recreation CO-sponsored lea,guts will change from eight dollars ($8.00) per player to seventy, cents ($.70) per regi~ered player lxr week i.~cluding all star and playoff schedules. Organizations operating concessions at park locations will be charged ~xree dollars ($3.00) per hour for A cz)mbination Fitnes~ Pooi Pl~s is recommended at a cost of $200 per ~r~n and $I00 ~ch sdditional family member up to 24 years of age. There is a recommended change in the corporate discounts. The change is a_s follows: the ntunber of employees registered as members of the Fitne~ Center will determine the disco~nt. Aa amendmemt bas been made to the termis court fees al file Collier County Rv. cquel Center clmnging the fee to $12.00 pe~ court per l~our versus $6.00 per person ~ hour and one half. Tl~e admission fees at the Immokalee Sports Complex swimming complex have changed to: Entrance fee Under 3Yr~ 'I'~uth 3-1.2 ~_l .~.Oior 6£~ Lily F~e $1 .~ $1.50 $1.00 N/A AGE~ ITEM .... JUL z~ ~7 Pass fees(3months) 35.00 55.00 35.00 90.00 Annual 50.00 75.00 50.00 210.00 The fee for fund raising activities is $20.00 per hour in ~ldition to the hourly rate of the facility. Theee is a recommended ¢lmagc in the tournament fee charges as follows: Category I groups will pay a fee of $10.00 per hour for daytime use and $15.00 per hour for night use. Category II groups will be charged $15.00 per hour daytime use and $20.00 per hour for night use. Fiaeal Impact: Revenue from this fee schedule has been budgeted within funds 001, 11 I, a~ 130 fo~ 1997/98 fiscal year. Growth Management: None. Recommendnflon: Parks and Recreation License and Rental policy. Murdo Smith, Recreation Manager Department of Parks and Recreation Reviewed and .~/]/] ^pproved by: Maria Ramsey, Director Department of Parks and Recreation That thc,. Board of County Commissioners approve the attached Resolution for the Date: Date: Reviewed and Approved by :['~,u~e~ Division of Public COLLIER COUNTY PARKS AND RECREATIQlq DEPARTMENT FACILITIES AND OUTDOOR AILEAS LICENSE AND FEE POLICy The purpose of this policy is to ensure msximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor are~ or programs. The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or res'a'ictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived, C~ee. pl-e~! L': £=t.~:= !!! ~) (!~ No non-government entity shall charge an admission fee to any out ofdoor~ event including Aauatic Facilitj;~ The Board of County Commissioners shall set fees and charges for all facilities and programs. Con.,~istent with Collier County's policy of ensuring all citizens equal oppommity to participate in programs, any resident x'equesting special consideratic, n must subslantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or w~ived program fees. lLt~i.~iL~,ll~'~es ~,n be modified on of Parks and Recreation for soecial m'omotio_na_l_~e~ ~ Open space or land owned or leased by the Parks v, nd Rec-~eation Department. Such outdoor areas shall include, but not limited to, spor',s fields, playgrounds,..~.:~,~ and/or oth~ park and v'azreation land areas, excluding Golden Gate Commumty Center. (As to Golden Gate Community Center, refer Section M, O herein). Outdoor areas shill be used for those purpoms desig~.~ted or implicit in their character. Any deviation fi'om norrr, al approp~ate uae shrill require express prior l:ermi~ion from the Parks and Recreation Director or designee. ~ Buildings and dwellings owned or leased by thc Parks and Recreation Department. Such facilities include, bm are. not restricted to, community center areas and rooms, Kymn,~iums, ~ pavilions, .,,helter~, and other areas located in the Parks and Recreation swacmres excluding the Golden Gate Community Center. (As to Golden Gate Commu~ ID' Center, refer to Section l~i Q., herein). in heir eh~,rseter. ~enda 1.te~/ri Facilities shall be used for those purpo I JUL 2~ ~997 i Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Direclor, or Designee. .~Eq..gi~m~.' Recreation activities conducted on land or in facilities owned or leased by Collier County.. Such activities include, but are nol restricted to, athletic, clinics, instructional, interpretative, seminars - preschool, youth, adult, senior and special populations. ,Stay deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. Vehicle P~rk~i Fee~; Parking lots at Collier County beach parks mad access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beac~ Park, Clam Pass Park, Vanderbih Beach, Gulfshore Access, and South Marco Beach Access. Boat VehicleP,~rkin~ Fees: Parking lots at Collier Count). owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park. B. ~SEg CATEGORIES - APPLICAI3LE TO ALL INDOOR AND QUTDOOR AREA~ Oovemmental entitie~ are not subject to fees, All 9thcr facility useq; ~hall have their fez ~ determined by the cate_gory of the entiW. The two catcgqries are: I. C__ATEGORY ] - Federal Income Tax Exempt Er~tities, Registered Charities, Not-For- Profit Groups. A. Federal lncom~ Tax l~xelmpt Entities. $5.00 per _hour license fee Groups which are exempt fron. taxation under ~y subsection of Section 501 (c) of the internal revenu_e code_. B. S~cified Sales Tax Exempt Entities. $5.00 per hour li~:e~e fee ~]:LO.~.~ entities which are exempt fi.om Florida sales Taxe.T~u.mua,nt to Subsection ;~12.05 (7). Florida Statutes as a horne for the aged. nm'sine home. hospic, e, or ~ ~_ orga.,fization w_ho,e pfiraarv vurr~se is to provide Irpecial educadgjaal, cultural. recreational. Or social benefits to ~i~)_rs, or is a religious, ch~itable, ~ienti ~fi..C~ cduc0tional, or veteran's orear~ization. JUL 2~ I~7 ] C. Local Not-For-Profit Groups. - $5.00 ~r hour license fcc Entities. irres;~ective of tax exemD! ~;tams, which are not-for-profit cort~orations, onzanizations or other not-for-profit entitie~ that are of Collier County origin, have their ~rinci~al location in Collier County. at least fifty ~rcent ¢~0°/o) of the ~rouD's membership are residents of Collier County with a pti_mary purpose to provide social services to 9thers or to t~rotect interests outside of the ftroup, such as the environment. endamtered animal~, disadvantaged ~rsons, or some other ~;imilar external inter~, The primar~ 'focus of these groups is outward looking and away fr0rn the persooal interests Of the group's members. .D. Other Local Not-For-Profit 0roup~; - $5.00 per hour license fee Those entities, irre~;pective of tax exempt status, which axe ngt-for-pr0fit cgrpgra~ions. org~izations 0r o~her not for profit entities that axe of Collier Cotmty origin, have their principal location in Collier County, at lea.~t fifty per cent (50%) of the groups membership are residents of Co]lier County, but t. he group's primary pu.r~ose is not to provide social services to individuals who are not bona fide members 0f the group or is no1 to prolect interests outside Of the group. This category includes pro_perry owners' associations, political groups, and all other ~pecial interest oriented clubs such as hobbyists' clubs, ches; club~, radio el.ubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; gard¢.n clubs, car club~;, and all Other similar club;, groups or organizations. The primary focus of these groups is inward toxvard the group's members. E. G, Fund r-~aising aActivities.,,~:-~"'~-'. Each Categor~'.l individual, group, organization or entity involved in an,/fund raisin;~ activity must pa`/full fees. Fund raising activitie~ i.nglude: 1. Charging in advance for an admission 6cket or requiring any tangible thing of value for admission to. or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or ,..artering any tangible thing of monetary value Fund raisim~ activities do not in_q.Lucle: 1. Season sign up fees for persons to join league as a team member or team p,'u-ticipant, or: ~l~..geaale of educational materials for tree &s study materials for students att~lding class conducted at the park facility. Such sales must be at or below the seller's ~eru~l com. 2. ~IF, DD. ILYJi- AH Others A. Each individual, group, organization or entity that is not within Category 1. IV. FEE STRUCTURE - (All fees are exclusive of.~des taxes). A. Categon, I U,~'LF~es 4.,. Facility Rates (exc!udimz ieaizue, t~ractice md $~cial Facilities i.e. Swirnmimz txx~l crc,) Facilily Type Type of Usage Rate Per Hour Indoor Facilities ~r Room Gymnasium any size General - $5.00 $30,00 Outdoor Facilities & Pavilions General ~ Genezg. l $ 5,00 $10,00 S._LQ~Q }:~SINC; P~.TES $20.00 ADDED TO HOUR~~: -~r ...... s- B. Cate2orv I1 - User Fees 1. FACILITY RATES (Excluding Special Facilities i.e. Swimming Pools etc.) Facility Type Area in Sq. Ft. Base Hourly Fee Indoor Under ! 500 Deposit Required $25.00 $ 30.00 45.0O 50.OO 60.00 70.00 60.00 100.00 Indoor 1500. 3000 Indoor 3000 & Over Outdoor ~mde~1400 7.50 small area I9.00 25.00 Outdoor ! 5~ 2~ ~O.~t~. ~ ~ ~ ~ 3s.~ Foo~balFS~:cer/Sofib~ ~batl 45.00 50.00 Liale L~gu~S~ PavilioW Roller H~k~ B~ket~l]/~cquetb~l/Volley ball ~O.~ ~ Te~is Co~ 12.00 Liehts ! 0,00/hour RAISING RATES $20.00 ADDleD TO HOURLY ,RATE ABQVE C. Additional Fees: Ca~eeories I and 11 Description Rental during non-business hours (hours that are not normal departmental opcration) Additional Fee Per Hour $20.00 Additional non-security staff members Light fees (where not specified) 4-O,GO ~ per staff member 5.~ 10.0~/hour Additional security s-taffmembers Special requests or additional clean up required ,..__ D. Vehicle Parking Facilities ~ per hour ~df.q~tr~ d;_~.rm~cnt, based on cgs. t Per hour fee determined by denartment, bas(d on cost Beach and Ix)at parking facilities, including but not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access, Coeohatchee, Bayview Park, and Caxambas Park have a fee, inclusive of sales tax, at a rate of $3.00 per day. Collier County residents with beach parking permits will be exempt fi.om the $3.00 per day fee. Collier County residents may obtain a beach p~rking permit at no charge. Vehicles with permits will not be charged a fee. Boat vehicle parking permits may be purchased by all residents or visitors for an annual fee of $60.00. Permits are available at all Collier County Parks and Recreation community centers. E. Concessiorl Fegs Concession Booth/Location in conjunction with Rental A $25.00 f~e per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $~.00 per hou;' of operation. F. Marketing 1. Marketing fee of $5.00 included in, but not limited to, the following, instructional classes meeting more than once, special instructional progran~s, After School Camps, County Athletic Leagues. 2. Pay per class programs, ~ pay a marketing fee o_fSI .00 per visitper person Q [n~;tructiona] Fees 1. Programs Fee Assessment: per hour or per participant basis. 2 .Non-Staff Instructor: marketing fees and any costs tbr supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non-staff instructor and the County on a 70% (non-staff in~'uctor) - 30% (County) basis. H. Athletics aGET~::~fl JT~M Colliq ~:ountv P~rks Md Recreation ~e~r.:;:-~t Program Minimqm Registration F~ ~r Pa~Jcipant ~r ~e Phy Adult $28.~ Youth 28.00 2. Collier County Parks and R~:reation Co-_~l:l~ Fees applicable to Category I users only League Type Fee Per Participant Per League Play/Per Seasga Adult $28.00 Youth $8,~ $,70c ~r relfistercd youth ~r week of leaiue I~[Y (includes Tournaments Description Fee Non-Refi.uadable Deposit OR Cancellation Fee $25.00 All Cateaorv I m-ou~s will be charged Minimum overall fee per da>', .... 15.00 ~r hou~r With li~ts 1. 70%-30% s~lit between ~ou.~ or individual ~d~Courtw (30%) 2. Hourly rate for facility fund raisin~ I I. Collier County T~a~ic~4Ri~ Racouet Cemer~ 1. Court Fee~ (fees exclusive ofs~les tax) A-~'-'!'g-~''~-.:~ Termis ~ $ ! 2.00 ~r court t~r hov~ indoor Racquetball 6.00/1.5 hour per person Lights 5.~,'! ,5 ~e;'.: 3,00 ocr hour Annual Permit Fees (fees exclusive of sales tax) Annual Permit, Junior 50.00 Annual Permit, Adult 175.00 Annual Permit, Couple 250.00 Annual Permit, Family 325.00 Permits sold to Collier County residents only Equipment Rental (fees exclusive of sales tax) Racquets $ 2.00/1.5 hour Ball Hopper 2.00/1.5 hour Ball Machine g.00/l.5 hour Room Rental - Based on County Fee Policy Instruction Fees (fees exclusive of sales tax.) Private (1 hour) Private ( V: hour) Adult Group Jr. Tennis Class $40.00 25.00 40.O0/pardcipam 40.00/panicipam *Instructional fees include a $5.00 marketing fee. 5. Programs at~d Special Events Fees dete,'~ned by formula: minimum 10% over cost Retail Sales Fees Retail sales items standardly marked up 5~/o- 100% depending on local market prices and industry standards. The minimum mark up is 50% and ',he maximum mark up is 175%. Merchandise in inventory more than two ye.z~ or damaged merchandise may be priced be]ow thc minimum 50% mark up. ~oo~ JUL 2 I ""! m7 J. Collier CounW Ao_uatic Facilities - Naples and lmrnokal~: Everyone pays aouat~ facility rates, 1. ~ (includes sales tax) Under 3 yrs Youth (3-17 yrs) Adult Senior (60+yrs) Naples Free S2.00 $2.50 S2.00 [llgRg. gt[~ Fr~e 1.00 1.50 1.00 2. Pass Fees (exclusive of sales tax) Type Youth Adult Senio, Family Naples 3 month $40.00 $60.00 $40.00 100.00 lmmokalee 35.00 ~ 35,00 ._~90 ._......~ Naples Annual 60.00 80.00 60.00 225.00 Immokalee .~ 0.00 ~ ~ 210.0Q Swimmin~ Instructional Children's ½ hour classes $35.00/panicipant Children's sA hour classes 40.00/participant Adult SA hour classes 40.00/participe, nt *Instructional fees include a $5.00 marketing fee Pool Ren~ (exclusive of sales tax) Each pool includes one staff member. Additional staff: $10.00/~our per lifeguayd. Main Pool Entire Main Pool Slide Activity Pool $30.O0/hour $60.00/hour $30.00/hour $30.00/hour School~ Public Schools are fee exempt, however they are required to pay $10.O0/hour per lifeguard or instructor, if not during regular operating hours. K. Collier County Fi~ess Centers - Naples ~d Immokal~ 1. ~l.trance Fees (exclusive of sales tax) Daily Walk in t~e $4.00 2. Pass Fee~ (exclusive of.sales tax) Month 3 Months Annual 35.00 70.00 160.00 10 (Additional immediate family members ;__~ under 4-9 24 yea~s) L. {;ombination ~Zol/]:imess Armua] Pass Coroorate Discount avvli~ $200 _t~ _t~'rsg. n $100 each ad4.i;ional family member (ur to 24 years o£ M. Coroor~te Di.~mt on Annual Pass~ Discount does not apply to additional family members Based on employee participation. Employees Discount 25 !~ .5-9 20% I01 150 ~ 4&/o ~ 25 ~d ~v¢ 50% N. Collier (~ountv Sm~uner C~rnvs ~nd After School I'ro~rams Summer Camps Naples/Marco First child $400.00 Additional child (same household) 350.00 3 Week session oxfly 175.00 · Summ~r_qamp has no marketin_~ fcc. After School Camps ~tire ~.~Lv._~ 9os~ Naples/Marco I760.00 ~ ~:.~t per week I Day Camp 15.00 Easter Camp - per week 55.00 Christmas Camp - per week 55.00 $300.00 250.00 125.00 Immok~iee $380.~_9.9.0 5.02 15.~ 40.00 40.00 Holiday Camps and After School Programs include a $5.00 marketing fee. ~GEI~&rT~ l~ JU O. C~lden G~te Communt~, Cenl~r I. Golden Gate Taxing District Boundaries: West Boundao,: Sant~ Barbara Blvd. To Logan Blvd. To 1" Ave. SS East Boundary: Canal I mile east of County Road 951 North Boundary: 1" Ave. SW over 951 Blvd and ~,q~ite Bird to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara · Organizations in classes I, II, III, or IV declaring themselves as district must show proof of at leasl 50% membership within the taxing district. 2. User Categoi~es Class I: Chm'itable, Not-For-Profit organizations Class II: Not-For-Profit organizations Class Ilk Civic or Governmental organizations Class IV: Commercial or For-Profit organizations ~.d any 0thergrout) or L0~vi__j.dua__.!. Deoosits Fees Auditorium: $200.00 All Other Rooms: 50.00 A. Rooms A,B,C,D, fiaxnex 1,2 and 3 Category Golden Gate Taxing District Class I No charge Class 2 No charge Class 3 No charge Class 4 $6.00/hour 12 Outside of Taxing District No charge Fee approved by CommuniD. Center Advisory Board No charge $12.00/hou JUL 21~ ~c<J7 B. Auditorium Category Golden Gate Taxing District Closes 1 & 3 No charge Class 2 Class 4 C!"= 5 Fee approved by Community Center Advisory Board $20.00/houx until 10:00 pm $40.00/hmxr after 10:00 pm Outside of Taxing Dixtrict No charge Fee approved by Community Center Adv4~ry Board $60.00/hout until 10:00 pm $80.O0/hour after I0:00 pm $~9.90.,n="-' a.~.:': ! 0:09-pm C. Gymnasium - Fees Governed by the Parks and Recreation License Policy Category Class } Fund Raising Class 2 Fund Raising Classes II!, IV and ~ will General Fee $30,0_0 ~r hour am, size $20.00 addcd to hourly vale abOv~ S60.00/hour any size. be required to pay s,~les tax. 5. Service end A. Serving ofAl,:ol~olic Beveraee,$ These provisiom apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class lI~,~previously defined in M- CK2), the user must present a General Liability P, ~cy~~. c.f~= -~-ch Sl~:cifieally ~- " I / t\2 2 includes contractual liability and host liquor liability in an amount not less than five hundred thousand dollars ($500,000) at lea.~ four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event of unusual or high exposure one million dollar ($1,000,000) liability shall be required. B. Sale ofAIcgbolic Beveraee~ In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for U~ers Serving Alcoholic Beverages 2. 3. 4. 5. 6. 7. Golden Gate Community Center. event. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 2 I. The user shall be responsible for the behavior of any parties with the user's group. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. The user will be responsible for supplying a Certificate of In:,erance at least four (4) ~veeks prior to scheduled event (see insurance provis',ons). The user will be responsible to comply with Florida Sta~te, Chapter 562. The user must abide by all other operational policies and procedures of the Any violation can result in termination of the JUL 2~ ~? / t RESOLUTION NO. 9?- RESOLUTION AMENDING TII,E COLLIER COUNTY 4 PARKS AND RECRr:.A'rlON DEPARTMI.~NT FACILITIES $ AND OUTDOOR ARFAS LICENSE AND I:t~E POLICY; ALSO REPEALING COLLIF-R COUNTY R~SOLUTIONS ? NOS. 96.364, 96-467 AND 96-556 9 WHEREAS, the Board or County Commissioners on August 13, 1996, adopted 10 R~olulion No. 96-364 m~d tl~crtby 3dopled the Collier County Parks and Recreation DcDartmcnt I I Facilities and Outdoor License Fee Pnlicy nnd 12 WHEREAS, Ihe Board o1' October 15, 1996. adopted Resolution No. 96-.46? and 13 on December 3, 1996, ndopled Rcsolulion 96-556 1o amend v'wious l~zrts oflhe policy end 14;' WHEREAS, Ihe 13oal,.I of Cou,.y Con,missioners Finds thai the adoption of tile 15 nltachcd (FIn'lhcr revised) Pntks and Rccsenlion Fncililies I. iccns¢ Fcc Policy is irt Iht best 16 interest o£the citizens of Collier County. :? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF COLLIER COUNT's', FLORIDA Ihat: 19 2~ SECTION ONE: Thc Piti'ks nnd Rccrentim~ Fncililies Lice,~se and Fee Policy altacbed as r-xhibi: "A" is hereby ~dc, pted. ,SECTION TWO: Thc I.iccnsc nnd Agrccmcnl Fnrm nllnchcd ns Exhibit "B" is 24 Exhibit "C' is hereby adopfed, SECT!ON FOUR: Rcsah.ions,",:os. 96-364,96-467 nnd 96-.f56 nrc rtpealcd Jnd su~rseded by this Resolution. 27 2g Dmtcd: This Resnlutioz) adopled al'let I~OtlOl'~, $eco.d anti majority vote favoring same. 29 30 31 32 33 34 36 3? 3~ ATTEST: DWIGI IT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By;. Approved cjs to £orm nnd legal sumciency: ---- l'ho~ms C. Palmer ' Assisl~n: Connly Altorne), *l'imofl)y I.. I lancock, Chairman No. 7"=' ,/ 2 2 1997 EXHIBIT "B" Tables): Facility/Outdoor ~-~aa(s): .De_pcs it amount: Specific Ar~a(s) P~quested: **For offic~ u~a oz~ly** ~te of Usa: .... /_.~____ Time Usa b~3irm at~ and ~is at Purpose of Usa: E~imatsd Att~d~.ca: 0 - 1,500 sq. Pt. ~; 3,000 + sq. Pt. $ 1,500 - 2,999 Sq. F~. $.. 2e ~ =~ o~/~./9o ~. Pr~bibi~ au f~ ity and ~ areas ~r, firs in u~esignat~ 5. ~ ~ ~ ~~(S) ~ ~ a ~t ~ ~ ~ ~ ~1, for f~ ~ola~ of ~ ~ ~, ~ ~ ~, ~ ~ ~d ~. A ~{~ of s~ (6) ~ ~ ~ ~~ ~e ~ ~ ~ ~ of ~ fac~i~ ~ ~r 7. I, ~e ~li~t, a~ ~ ~~ ~ ~ld ~s ~lli~ ~, ~ ~ ~li~t's ~ of ~, ~e ~a~ of ~li~t's P~' ~ ~ ~ ~~ ~ ~ld ~ ~li~t's ~, ~ ~ ~ ~ a~ of ~ltg~ of ~e ~li~, or ~ cf ~e ;~~'s ~, ~ ~ ~ ~ a~ of ~lig~ of ~e ~li~t, or ~ of ~e ~li~'s ag~, ~~, ~1~, or li~, a~ ~ ~ a~ ~! ~, a~ay's f~, ~~, ~ li~i~ ~ ~ or ~ ~- ~m or p~ b~ght ~n. I ~mve r~d ~ ~ly ~~ ~ ~ ~ ~a~ Si~natur~ of Applicant, or 1:~/~ if urger 18 years of age. (If signing for orgznizati~n, e~., sign nam~ and a~hority to sign) Pa~ks an~ ~ation Dapartmmnt Official r~:000920 Date EXHIBIT "C" COLLIER COUNTY PARKS AND RECREATION STANDARD CONCESSION AGREEMENT FORM 1. All organizations must have an approved league schedule and sign a Facility Use Permit from the Department of Parks and Recreation. Concessions are permitted to operate only during regular scheduled league pla)'. Any additional operation o£the concession must be approved in advance by the Parks and Recreation Director of designee. Organizations must obtain all Federal, State, and / or local health department permits, or any additional permits required to operate the concession. These permits / licenses must be displayed at the concession. 4. Organizations ma)' not sub-contract or other~4se delegate the operation of any concession to a third party without the approval of the Director of Parks and Recreation. Organizations shall each day police and clean any common area of debris and liner in connection with the operation of the concession and must place debris md liner in the containers provided by the Parks and Recreation Department. Whenever two or more organizations are scheduled for league play during the .~.me season, each organization may operate their own concession stand, or may operate jointly or alternate seasons for years by agreement between the organizations. Each such agreement must be reviewed and approved by the Director of Parks and Recreation. 7. Concession o~rations are ~overned by the .rule~ md regulations 0fthe park~ aod_ Recreation Lic¢~n:;e Nd FeeP~]'~c_~.' g. Organizations must have first aid kits available an site. 9. Organizations must carry appropriate insurance and liability as required by the Collier County. Risk Man~gemont Departa'nent Policies. I0. Organizations mu~ submit a menu and price list of items to the County ParLs and Recreation Department for re'dew and approval. Signature/Title Organization ~ Cnllier County ]~arks and Recreation, EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY REVISE THE COLLIER COUNTY FIRE CONTROL AGREEMENTS. COMMISSIONERS CONTRACTUAL OBJECTIVE: agreements agreements. To cancel the Collier County Fire Control District contractual with participating fire departments and negotiate successor CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, the County created the Collier County Fire Control Municipal Services Taxing Unit for fire prolection services (~utside of existing fire district boundaries. Fire protection has historically been achieved by contractual agreements with North Naples Fire Control and Rescue District, Ochopee Fire Control District, East Naples Fire Control and Rescue DistriCt, Golden Gate Fire Control and Rescue District and Isles of Capri Municipal Rescue and Fire Services Taxing District. Currently, the property owners withi,~ the Collier County Fire Control District are taxed at a rate of 2 mills. The need to cancel current contractual agreements and develop revised- agreements is basec~ upon the following: The North Naples Fire Corltrol end Rescue District has incorporated specific Sections located in the Collier Courtly Fire Control District into their district and no longer provide primary coverage to the remaining area. The Isles of Capd Municipal Rescue and Fire Service Advisory' Board has requested a review of the apportionment of funds. A preliminary review of fire incident report., detailing the resources and services provided to the Collier County Fire Control Distric~ suppo~ a re-evaluation of current disbursements. Staff is planning to have revised, updated agreements in place prior to October 1, 1997. Current con~.ra~ language requires written notice of cancellation 30 days prior to the end of any calendar quarter, in this case, Seplember 1, 1997. FISCAL IMPACT: Latest lax assessment rolls project that FY 98 disbursements from the Collier County Fire Control District to be $ 265,2oo. ~;ROW'rH MANAGEMENT IMPACT: None. JUL 2 9 1997 RECOMMENDATI(~[;, That the Board of County Commissioners revise the Collier County Fire Control cor~ractual agreeme~s with the North Naples Fira Cc.-,b-ol Di~rict, Ocl'~oee Fire Cc.~[r~ Di~a'ict, E~st Naples Fire Control and Rescue Di~'ict, C~)lden Gate Fire Corffrol and Rescue District and Isles of Cal:~i Municipal Rescue and Fire S(.tvices Taxing District and authorize the Chairman to cancel'lhe current agreements. Jaff~~ Battalion Commander REVIEWED BY: Diane Fla~g, i~perge~y Servtce~ Chief Leo .!11, Su/pp67t Se, e~ce~ Adminl.trator REVi~D BY: - Robert Femandm~, CourKy Manager DATE:~2 DATE:/4/D/~/7 DATE: DOCUMENT 12 MEMORANDUM TO: Diane B. Flagg, Director Department of ~nergency Services From: Lloyd Wooley, Chairman Isle of Capri Fire Advisory Board Date: April 8, 1997 RE: Responses to A~sistance'Calls in District 1. A review of our records shows the Isle of Capri Fire Department has responded to a significant number of calls in District One. These calls include many marine related incidents. Our rescue boat is the only unit in Collier Count that is staffed and equipped to respond to emergencies afloat or on barrier islands. Our staff and equipment also respond to land based calls in district one. We would appreciate, your review of the current funding formula for District One coverage. It is our belief the current apportionment of funds does not accurately reflect t~e involvement of our units in District One responses. The Isles of Capri Fire/Rescue Department remains ready to provide continued service to all of our neighbors. As a small District on a yet smaller budget, we would appreciate any additional consideration that would allow us to provide this support. Again, we ask that you consider reevaluating the current apportionment model which appears to be inequitable. cc: Collier Count Board of Commissioners EXECUTIVE SUMMARY APPROVE CONTRACT WITH ¥1SIT NAPLES, INC. FOR A MAXIMUM OF $1,047,358 ECONOMIC DISASTER RECOVERY PROGRAM, TOURIST DEVELOPMENT FUNDS AND EXPENDITURES OF $6,850 FOR ANNUAL PREPARATION WORK OILIEC'FIVE: To approve a contract between Visit Naples, Inc. and Collier County for a maximum of $1,047,358 Tourist Development funds for an economic dissster recovery program and approve an expenditure of $6,850 for annual preparation work. CONSIDERATIONS; At the February 25, 1997 meeting the Board of County Commissioners reviewed the Tourist Development Economic Disast.-r Recovery Plan. Visit Naples, Inc. will advertise on television, in newspapers and wade journals to counter any negative publicity which could have an adverse economic impact on the Naples and Marco Island tourist tra&-. The revised maximum amount tn counter a high level negative public relations campaign is $1,047,358 which is $83,865 more than identified in the February 1997 executive summary, Additional funds are available in the Special Even~ s Category re. serves. Sandlin and Associates has updated the advertising campaign at a cost of $6,850, The annual update cost is not included in the contract but was author,zed by the Board for an amount up to $7,000. The Board had directed Visit Naples to bid the ~nual update s~vices. Formal ~mpetitive bids were not sought due to informal c'fforts to interest other vendors proved unsuccessful. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Sufficient funds are available in Fund 193 ($813,208) ~nd Fund 196 ($241,000) reserves. RECOMMENDATION: Approve contract with Visit Naples, Inc. for a maximum of $1,047,358 for Economic Disaster Recovery Plan and payment of $6,850 to Sandlin and Associates for annual update work. (J Jeam ~el, Budget Analyst Revi,.'w~l by:. t'~',-,.,~..~ .~""--""~ Date: ?/2 3/9 ? Michael Smykowski. OMB DLrector JUL 2 9 1997 Pg.., I 1997 TOURISM AGREEMENT BETWEEN COLLIER COI. INTY AND VISIT NAPLES, INC. FOR. ECONOMIC DISASTER RECOVERY PROGRAM THIS AGREEMENt, is made and entered into th/s ~ day of ,1997, by and between Visit Naples, lac., a Florida corporation, hereinafter referred to a~ 'GRANTEE' and Collier County, a political subdivision of the State of Florida, hereinafter referred !o as "COUNTY." V,q-IEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to ss 'Plan") funded by proc:eeds from the Toahst Development Tax; and WHEREAS, the Pl;m provides that certain of the revenues generated by the Touris! Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and adverti.qng bf activities or events intended to bring tourists to Collier County; and WHEREAS, Collier County and the Collier County Tourism Committee entered into a Tourism Grant Program Advertising and Promotion Agreement dated December 7, 1993, as amended by First Amendment dated October 4, 1994, to fund an economic disaster plan in the aggregate amount of $903,900.00; and WHEREAS, Collier County and the Collier County Tourism Committee entered into a Tourism Grant .Program Advertising and Promotion Agreement dated May 9, 1995, as amended by Firat Amendment dated July 25, 1995, to fund the economic disaster plan in the aggregate amount of $647,615.00; and AGENDA ITEM WHEREAS, the Agr~x~nenta described above have terminated; and No. ~ ~ (I) WHEREAS, Visit Naples, Inc. desires to coordinate the advertising md promotion for hurricane/natural disaster m~u'keting; WHEREAS, GR~uN~TEE has ~oplied to the Tourist Development Ta.x Council and the County to use Tourist Development TM funds for the advertising and promotion for hurri- cane/natural disaster mar~:eting; and WHEREAS, the COUNTY desires 1o fund the proposed advertising and promotion pursuant to this AgTeernent. NOW, TH£R.EFORF_,, BASED UPON TFFE MUTUAL COVENANTS AND PREMISES PROVID]~D HER. SIN, AND OTHER VA. LU,S, BLE CC~NSIDERA'IlON, IT IS IvI*UTUALLY AGREED AS FOLLOWS: !. S_C.O,P_~OI~: In accordance with thc Budget attached as Exhibit "A", thc GRANTEE shall provide either Level A or Level B or Level C advertising to counter negative public relations resulting fi.om a hurricane or natural disaster pursuant to this Agreement. 2. ~I~: The amount to paid under this Agreement shall be a ma.ximum of One Million Forty-Seven Thousand Three Hundred Fifty-Eight Doll~,"s ($i,047,358.00). Thc GRANT£E shall be paid in accordance with fiscal procedures o£the County for expenditures incurred for the promotion and adve~sing expenses a., described in Section I upon submittal of an invoice and upon verifi~tion that the services described in the invoice arc completed or that goods have been received. As this funding is emergency in nature, all efforts will be made to expedite paymerus and payment process will commence upon invoicing. GRANTEE will provide verification of services to COUNTY prior to receiving payment GRANTEE shall determine that the goods and services have been propcrl.v provided, and shall submit invoices to the County Manager or his designee. Thc County Man: designee shall determine that the invoice payments sre authorized and the good 2 naming Collier County, and its Board of County Commissioners and the Tou~ Council as additionally insured. The certificate must be valid for the duration of 3 covered by such invoi~.' have been provided or performed in accordance with such authorization. The budset attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance witi, this Agreement. Each invoice sul)mit~ed by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding v~dor invoices and proof of receipt goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials bom previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pm'suam to the A~tached "Exhibit A". The amour, ts applicable to the various line items of Exhibit 'A', subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often pement (10%) of any line item must be authorized by the County Manager or his d~sign(e. 3. ~..LC.d~E~ Only eligible expendittu~es described in Section will be paid by COUN'I¥. Any expenditure, paid by COUNTY which are later deemed to be ineligible expendin, u't:s shall be repaid to COUNTY within 30 days of COUNTY's written re. quest to r~pay said rituals. COUNTY may rrquest r.'payment of fimds for a period of up to one year at, er termination of O~is Agreement or any extension or renewal thereof. 4. I]3[RIJBAlt.C~: GRANTEE is required to submit a Certificate of Insurance AGENDA ITEM ;t D~f!op _r~n~('~ ) his A,J~[~r~t, and be iraued by a company lic, cnsed in the State of Florida, and provide General Liability In,~urance for no less than the following amounts: BODILY IN~IRY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJ'URY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND ElVfPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Agr~ment by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to'this Agreement until thc Certificate of Lnsurance has been received by the COUNTY. 5. REP. O.E,.T~: GRANTEE shall provide to County a report on service, provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify thc amount spent, and the services provided 30 days a. Rer paymen! is received. GRANTEE shall take re. asonabl¢ measures to ~ssure the continued satisfactory performance of all vendors and subcontractors. 6. .~.').E_3z.F,,~ORS AN~D FAIR DEALI'N~: GRANTEE may select vendors or subcontractors to provide so'vices a.s d~cribed in Section 1. COUNTY shall not be responsible for paying vendors and shall not bc involved in thc s¢lec6on of subcontractors or vendors. GR.M'qTEE agrees to disclose ~,,'~y relation.ship b~wecn GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related ernployees, agents, ofl'i¢¢rs, directors andYor shareholders. COLrNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based standards. 4 AGENDA ITEM on in~.s~£;' ~. ~ JUL 2 9 B97 .... 5 7. INDEMN~ICATION: The GRANTEE shall hold hamnless and defend COUNTY, and its agents and employees, from any and ~11 suits and actions including atlomey's fees ~nd all costs of litigation and judgments of. any name and description m'ising cut of or incidental to the perform~mce of this Agreement or work performed thereunder. Tlxis provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. '~ 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Vi-~it Naples, Inc. c/o Tammie Manhews, Managing Director 1400 GulfShore Boulevard North, Suite 218 Naples, FL 34102 All notices fi.om the GR,aaNrl'EE to the COUNTY' shall be in writing ~nd deemed dul), served if mailed by registered or certifiext mail to the COUNTY to: County Manager Second Floor, Adnfinistration Building 3301 T~'niami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon .giving the other party written notification pursuant to this Section. 9. ]S_Q_P_.~ENT_JLSH~: Nothing herein contained shall be consm ed as creatin~ ii AGENDA ITgM partnership between the COUNTY and the GRANTEE, or its vendor or sub :ontrah~qo~KQ_~ JUL 2 9 ~997 constitute thc GRANTEE, or its vendor or subcontractor, ~ an agent or employee o£ the COUNTY. I0. ~RlVHNATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligalions incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. ~a~L ACCOUNTING: GRANTEE is required to~maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. '. 12. ~Mi.,~BILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work pm'formed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized reprcsentatives, shall, until the expiration of three (3) years after final paymem under this Agreement, have access to, and the right to exan~ine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not ~sign, convey, or transfer in whole.or in part its interest in this Agreement without the prior written consent of the COUNq'Y. 14. ~: This Agreement shall become effective upon execution shall remain effective for ten years. by C ~kl~ 0'~,'1~M J JL29 15. P~EOUIRFDNOTATION: All promotional literatur~ and medi,, advertising mu~ prominently li~ Collier County ~ one of the ~ponsors. 16. ~~]~: This Agreement may only be amended by mutual agreement ofthe parti~ and after recommendation by the Touris~ Development Council. IN WITNESS W]-IEREOF, the GRANTEE and CGUNTY have each respectively, by an authorized person or ageq'~t, hereunder set their hands and seals on the date and year first above DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY, FLORIDA By: TIMOTHY L. tlANCOCK, Chairman WITNESSES: GRANTEE (1) Visit Naples, Inc. By: Ih'ir, ted/Typed ~ Prin~VType4 Title (corporate se~l) Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney AGENDA ITeM JUL 2 g ~ pg. ~ EXHIBIT "A" ECONOMIC DISASTER RECOVERY PROGRAM BUDGET Level A: Counter to high level negative public relations - advertising for n period of four weeks. [3 Television [] Newspapers f-I Trade Journals $492,875.00 499.635.00 54.848.00 Total $1,047,358.00 OR Level B: Counter to medium level negative public relations - advertising for a period of four weeks, [3 Television [3 Newspapers [3 Trade Journals $287,025.00 499,635.00 54_848.00 Total $841,508.00 Level C: Newspapers Trade Journals Total OR Counter to low level negative public relations - advertising for · period of four weeks. $499,635.00 ' 54.848.0~ S554,484.00 f:~ewl1997 TDC ^lr~'me~ll/Yi~il 1~ I~. Din~t ~ JUL 2 9 lgg? BZECUTZVE SUMMARY RE~TION T~JkT THB BOAAD OF COUI~ COMMISSIONERS ADOPT A R~SOLUTION FXI:IN(3 T~ DAT~, TTNE AND PY.~CE FOR TI~ PUBLIC H~INO FOR APPROVING THE SPECIAL ASSEBS~ (NON-AD VALOREM ASSEBSM~) TO B~ LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND B~FIT UNIT FOR MA I h'~E~N CE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF P_KCREATIONAL FACILTTIEB AND NEDIA]~ AREAS, AND MAINTENANCE OF CONSERVATION OR FRESEKVE AREAS, AND EST~AflLT SKMK2JT OF CAPITAL KESERVE PlrNDS FOR MAI~n~(ANCE OF CONSERVATION OR PRESKRV~ ARF,~S, U.S. 41 BERMS, STKEKT SIGNAGB ltEPLACKMENTS WITHIN TH~ MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. ENTRANCES, A/.L WITHIN Xu~ PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT OBJECTIVe: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment} to be levied against the properties within the Pelican 8ay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U. S. 41 berms, street aignege replacements within the median areas and landscaping £mprovements to U.S. 41 entrances, all within the Pelican Say Municipal Service Taxing and Benefit Unit. ~QI{SIDERATION: The County Commission as part of the actions related to the succession of the Pelican Bay Improvement District Board of Supervisors ars committed to hold a Public Bearing within the Pelican 8ay community. There is no specific date established (other than prior to the final adoption of the CounUy-wide budget), but staff would recommend that the Board consider one of the following dates for the Public Bearing= Wednesday August 27 Thursday August 28 Thursday September 4 Tuesday September 9 Wednesday September 10 Thursday Septea~ber 11 to be held at 6:00 P.M., at the following location: The Foundation Center 8962 Handbook Oak Drive Naples, Florida 33963 Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June 1 and Sep=ember 15, 1996 in o~.'der to insure that the assess~nts can be placed on the Collier County Tax Collector's hills this year. Ccxnbining the adoption of the Preliminary Asseflsment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing in the Pelican Bay community, will provide for increased ~ublic awareness of the Pelican Bay Services Division's budget and assess~nt for Fiscal Year 1997-1998. ~o. JUL 3uly 24, 1997 · Page 2 ~~ That the Board of County C4mmmissioners adopt a Resolution fixing the date, time and place for the ~ublio hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the pro~llm within the Pelican Bay Municipal Sluice T~lng and ~nefit Unit recreational flcllitiel and ~lan areas, mad ~intenance of conservation or prlll~l areas, and establil~nt of Capital RISI~I ~ndl for the ~ln~enance of conservation or preserve mrsu., U.S. 41 be~., strut signage rlplaclmentl within the median areal and landscaping ~prov~ntl to U.S. 41 entrances, all within the Pelican Bay Municl~l Sluice Taxing and ~nefit Unl~. j_ames P. Ward, ' Division Administrator JUL 2 g lgg7 I RF~OLUTION NO. 97-__ 2 3 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE 4 PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT 5 (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINS'F THE 6 PROPERTIES WITilIN PELICAN BAY MUNICIPAL SERVICE 7 TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER { MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL 9 FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF 10 CONSERVATION OR PRESERVE AREAS, AND ESTABLISIIMKNT OF II CAPITAL RESERVE FUNDS FOR TIlE MAINTENANCE OF 12 CONSERVATION OR PRESERVE AREAS, U.S. LANDSCAPING 13 IMPROVEMENTS TO U.S. 41 ENTRANCES, AI.L WITIlIN TIlE 14 PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. I$ 16 WHEREAS, the Bo·rd of County Commissioners adopted Collier County Ordinance No 17 90-11 I, ts amended, crc·tin8 the Pelican B~y Municipal Service Taxin$ and Benefit Unit £or the 18 purpose of providing stre~ lighting, water management, extraordinary law enforcement service 19 and beautification, including but not limited to beautification of recreational facilities, sidewalk. :20 s~reet and median areas and the maintenance: ofconservation or preserve ·re·s; and 21 WHEREAS, Section 197.3632, Florida Statutes, requires that s public hearing be held to '2:2 adopt · non-ad valorem assessment roll for purposes ofufilizin8 the uniform method of collection 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 25 ~. This Resolution is adopted pursuant to the provisions of Ordinance No. 26 90- I ! l, u mended, and other applicable provisiorss of law. 27 ~..~Q.,~._T~). It i: hereby found and dc'retrained that · special ··sessn,,em which includes the 21 estab4ishmem of Capital Reserve Funds fo~ lhe maimena~w..e of the water nu~gcme~ system. 29 beasrtLqcation of recreational facilities and median areas, ~d n~imenance of conservation or 30 re~erv~ area~ within the Pelican Bay Municipal Service Taxing ~ Benefit Unit is necessary for 31 lundin8 the required payments for the operation, repair and maintenance o£the water manasement .12 s~e~L beautification or'recreational facilities and median ·re·s, and m·in:enance of conservation 33 and pre:~,e area~ durin$ Fiscal Year 1997-1998. ~4 SEc'Ir'IOH TtlR~J: A public hearing Ix;fore the Board of' Coumy Commissioners on the 35, pretimins~t azs~ssmem roll (non-ad v~lorem ts·es·meat roll) of the estimated costs, including 36 Capital Reserve Fund~ I'of the nu6menance of conservation or preserve arcts, U.S. 41 berm· 37 wilhin the boundaries of ~he Unit, street sign replacements within the median arets, landscapin8 31 improv, tmenu within the boundtries of the District, landscaping improvements to the U.S. 41 39 emnmces within the boundaries of the Unit, the maintenance of the water management system, 40 and beautification of' recreation facilities a~l rr~:tian areas, during Fiscal Year 1997-1998 between -I- JUL 2 g lgg7 I 2 4 1' I0 I! 12 13 14 I.~ 16 17 Il 19 20 21 22 23 24 2~ 26 27 211 29 30 31 32 33 34 36 37 38 the Co~mty etd each prop~-tay owne~ or' hind within the Pelican Bay Municipal Sgr6ce Taxin8 and B*ene§t Unh will he held on at 6:00 P.M. at 'l'he Foundation Cemct, 8962 Hammock Oak Drive, Naple~ Florida, at which time the Board of County Commi.~ionen ~ hear objections of the ownen of the properties within the Petican Bay Munidl~ SerV~c~ Taxln8 and Benefit Unit or otl~ pe~ora interested the~cHn, to the adoption of the prdiminary usessmem roll (non-ad valorem aases~nen~: roll). The Clerk shall keep a record in which shall bc ~ at the reque~ of any persork firm or corporatio~ hav~ng or claiminK to have any interest in any lot or parcel os.land within the Unit, the name and pos~ ol~ce address or' ~w..h pe~lOn, firm m' ccnporation, togn:the~ with the brief description or de~nation of tach Io4 o~ patcei. The Clerk shall ~ the notice of such public hearing to be published one time in the Naplcn Daily News, · newspaper published in Collier County and circulating in the Unit, not Icsa than twenty (:20) days prior to ~ date of' the hearing. Notice of such public h,mring to con~dex the adoption of the preliminary ~t roll (non-ad valorem _,_~__~,~_~nent roll) shall also he mailed firsl ,-Iaaa mail to ~1 the property ownenl on the preliminary at~-s.~ne~! roll (non-ad valorem asses.~r~m roll) at · ddre~ provided for on/aid roll. SECTION FOUR. Notice os.such hearing droll be in subsaanlially the following form: Notice is htreby g~ven that tht Board of County Commis.~onc~ of Collie~ County, Florida, will meet on at 6:00 P.M., The Foundation Ctme~, 8962 Hammock Oak Drive, Naples, Florida, For the purpose of hearing objections, ii' any, of inte-e~ed pe~ons to the adoption of the prdiminaty ur, e~sment roll (non-ad valorem assessment roll) allot·tin8 the ~ble costs includin8 Capita~ Rgse~'vc Funds i.or the re·inter, anco of con.qorvation or Ixc~..rve areas, U.S. 41 brxm~ within the boundaries os. the UruL ~rett replacements w~thin the median are·a, land.~caping improventents within the boundaries or' the Unit, I~ping improvements to the U.S. 41 entrance! within the bound·des of the Unit, the maintc-nance of tat water management rystcm, and beautification of recreation facilitie~ and median arm within the Pelican Bay Municipal Service Taxing and Benefit Uml which comprises and includes those lands described as i.ollows: A tract of land be~n8 in portions of Se:tions 32 and 33, TownchJp 48 South, Range 25 East; togethe' ~th ~nio~ of S~ions 4, 5, I ~ 9, 'ro~p 49 S~t~ ~ 25 ~, Colli~ C~nty, ~1o;~ ~n8 o~ aM t~ ~e u the I~ ~m~ ~thin t~ Peli~ B~y Mu~6~l S~ T~ing ~ B~I U~t, I~ ~t~ ~ of~ ~re ~iml~ d~ u follows: Comma8 at the Sout~ ~n~ of~d S~ion 33; I~e South 89 degr~ 59 minutes 50 ~nds West ~on8 ;he South line of S~tion 53 a di~ of 150.02 f~ to a ~int on the W~ 6l~t~-way line of U.S. 41 (State Road 45), ~d ~int ~ ~ng the Point or' Bcglnnlng; lhen~ Souih~y along the W~t -1- JUl 2 9 1 2 3 4 $ 6 ? 9 10 11 !2 13 14 17 lB 19 2O 21 22 23 2,4 25 26 2'7 ~9 3O 3l 32 33 3~ 36 37 41 43 rig, hr.-of-way line of said U. S 41 (Slate Road 45) the following courses: South 00 degrees 5g minutes 36 seconds E;~ a distance of 2,19 fe~; thence South 00 de{mt:es 55 minutes 41 seconds Ea~t a distance of 3218.29 ft'et~ thence South 01 degrees O0 minutes 29 seconds East a distance of 321856 £ee~; thence South On deg.-es 59 minutes 03 seconds East a distance of 2626 21 feet; thence South OI de~re~s 00 minutes 18 seconds East a distance of 2555.75 fe~ to a poinl on the North right-ot'-w~y llne of Pine Road ss recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U S 41 (Slate Road 45) South 89 degrees 09 mlnutts 45 seconds West along said North right-of-way line a distance of 2662 61 feet; thence South O0 degrees 51 minutes 44 sozonds East a distance of 70.00 feel to s point on the North line of Seagate Unit I ss recorded in Plat Book 3. Page $5 amen8 said Public Records; thence South 89 degrees 09 minutes 45 seconds We:st along said North line of Seagate Unit I and the South line of said Section 9 a da:stance of 2496,67 feet to the Southwest corner of said Section 9; thence continue Soulh 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; then,:e departing said mean high water line South 80 degrees 29 minutes 30 seconds l~st and along the Soulherly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B 15, Page 121 among said Public Records a distance o1'7385 feel more or less to a point on said West right-of-way line ofU. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-v, ly line a distance of 25'74.36 feet to the Point of Beginning. A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Oovernmenl Center, Administration Building. Fourmh FI,mr. 3301 East Tamiami Trail, Naples, Florida and in the offices of the Pelican Bay Servic.'s Division, 801 Laurel Oak Drive. Suite 605, Naples. Florida, and is open to the inspection of the public All affected property owners have a right to appear and be heard at the public hearing and to file written objections to Ihe adoption of a resolution approving the prelim,nary asscssmem roll (non-ad valorem asmessmenl roll) with the Board within 20 days of this notice based upon the 8rounds that it contains items which can not be properly assessed against property, that the computalion of'the special assessment is incorrect, or there is a default or d=£ect in the passage or character of the resolution, or the preli,ninan/assessmem (non-ad valorem ass~cssmenl) is void or voidable in whole or pa., or that it exceeds the power of' the Board. Al the completion of the hearing, the Board shall either annul or s~stain or modifi/ in whole or in pa,~ :he preliminary assessment (non-ad valorem .~sessment) its indicaled on such roll, either by confirming the preliminary assessment (non.ad valorem ss.,~essment) against any or all lois or parcels described therein or by canceling, incress,ng, or ~educing the :.amc, according to the special benefits which the Board decioes each such lot or ~arcel has received or will receive on account o£ such improvements. The assessment so made shall be final and conclusive as to each lot or parcel -1- JUL 2 I ~ unle~ IXo9~ ~tept ~u~ tz]~t~ within twenly (20) day~ with · court of competent 3 The Oo~xt will k'v7 a ~ ~t (non-ad v~lorcm usessment) fo~ operations ~cl a maintenance ot'the wzter rrmutseme~t system end the beautification oir the reaeational au'~s ~nd 5 medium ares.t, ~d maime~ance of ,:on~r~tion end pre·cz'ye ~rcas utilL:ing an Equivtics~t 6 ]te~ Unit based methodology The to,ti t.~ssm~t trot maintenance ~,f the wat~ ? mam.~ment v~tem, ~on of ~ec~eation~ fa~itie~ ~d median ~'eu, ~d rtmmenance of $ con~'vafion ~ preserve zreu i~ $ t,473,$00.00 which equates to $ 195.~5 per Equivalent 9 ILe~idential Unit ~__,e~_ on 7550.5'7 useuable units. 10 The Board w~Q let · spesaJ a.~.~essmc~t (non-ad valorem u~_--ment) for the ! 1 emabUshment of C~oital Re~erve Fund: for ~ maime~ux:e ~ res~orz6on of dx: conse~,'ation 12 ~ ~ U.S. 41 berm improvement: vathin the Unh~ v. tect sign replacement witch the 13 meditn ~ ~ping improvements and U.S. ,ti entrznce improvements w~n the ~4 utaL~a an Equ~vtlcnt Residential Unit based methodolo~. The total ~ for thcs: I~ Capit~d Re~erve Funds for the maintenance and restoration and landgapin8 improvements is 16 S667,700.00 which eque*e,, to $ ~8.43 per Equivalent Re~denti~ U~t based on 7.550.57 1'7 zue~able unit~. il The q>eci~l u.~e~men( (non-sd valorem ~nent) will be colkx:ted by the Collie~ 19 County Tax Collect~ on thc own~'~ ad valorem tsx bill pursuant to Section 197.36.12, Flos4d· 20 Statmet failure to pay the special Luessmcm (nomad v~orcm u~_.encnt) and your property 21 taxc~ will cause · tax ~m'tificale to be. ~old ~.ff, ainst the propc~, ~ ma)' resuh in a loss o£title 23 Any pe~on who decide~ to Ippead · deal '~n of th~ Board will need a record of thc 24 proczedings pe'tainin8 thereto ~,d theodore may need to en.~ure ttm I verbatim record ot' the 2-~ i:~x:eedinl~ is made, s,,~ch record include.q Ihe testimony ~d cvidcrs~ upon which the eppczi is 26 ~o be based. 27 BOARD OF COUNTY COh~I!S$1ONERS 2~ COLLZT~..R COUNTY, FLORIDA 29 30 TI~OTttY L HANCOCK, Ctt.tdR.~L~N 31 32 DWIGHT E. BROCK. 33 34 By:/~/Maureen Kenyon 3:5 Depuly Clerk 36 37 ($~AL) 38 JUL 2 9 1997 ,Tt.L ~4 '9'7 14:i~1{ ~o.~ ) JUL 2 9 t997 1 PEI.;I CAN' BAY , NAPL_=~, FLA. tam o.f Me'co ,o.~,/ JUL 2 9 ~7 FETITtON CP-97-1, MARTIN D. PINCKNEY, P.E., RE~RESENTING MARTIN FRIMBERGER/AMY ~ERD'E, REQUESTING A SMALL SCALE AMENDMENT TO THE MARCO ISLAND FUTURE LAND USE MAP OF THE MARCO ISLAND MASTER PLAN AN ELEMENT OF THE GROWl*II MANAGEMENT PLAN TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL ON .54 ACRES OF PROPERTY. .(~ The objective of th.is petition is to amend the Marco Island Future Land Use Map designation for the subjeci proverty from Low Density Residential to Community Commercial. There is no proposed change to any of the goals, objectives, or policies of the Marco Island Master Plan, an element of the Growth Management Plan. This petition is a Small Scale Plan Amendment pursuant to c~-tion 163 of the Florida Statutes. Therefore, it is not subject to the twice per year 1Lmitation o:n Growth Management Plan amendments or separate transmittal and ~doption hearings. ~CONSIDERATIONS: The subject property contmning .54 acres, is located on the north side of San Marco Road between Heathwood Drive and Cushing Lane and includes Lots 10, 11 and 55' of Lot 12, Block 109, Marco Beach Unit 3. See site map on page 2. 'l'he petitioner proposes to ,~ange the Future Land Llse Designation of the site in order to allow a parking lot for the e. xi.~ting day care center located on Lots 11 and 12. Lot 10 is currently vacant. The lanai use designation change ~ Community Commercial will allow the petition to apply for a tezorffng to C-1 to accommodate a parking facility, on Lot 10 or conversion to other low k'~ter~sity commercial uses. However, the subject of this review is only to cortsider the apprepriateness of ',.he land use designation change for the subject site. If the subject s:tte is changed to Community Commerdal, it will allow for a greater varie.~., of uses. 'l'he Community Commerc~d land use designation's purpose, as stated in the Marco I~iland Master Plan, is to pxovide for centers of activity that serve the needs of the surrounding commu_rQ .ry. },~ed Use residential/conunercial uses are Permitted. Non conunercial use~ permitted ~thin this d.istric~ include parks, open-space and recreational uses, churches, libraries, ce~aaeteries, schools, day-care centers, family and group care f~'~cilifies, cate units and thos~ ~,sential services a.~ defined in the Land Development Code. This land use district does not specify the zoning clisl:ricts that are pen~tted However, the intent of the district is to maintain low intensity commercial uses consistent ~6th the sutrounciing prop~rtties. -3.- JUL 2 9 Surrounding Land U~: TI~ land in th~ 300 foot radius con$i~ of approximamly 25% v~amt Iow density r~dential property; 12% developed Iow demity r~sidential; 61% developed high demity r~idential; ~nd 2% community NORTH North of the property the land ia designated Low D~m~ity Residential zoned RSF-4 s.nd i~ vacant. SOUTH South ot th~ sul~ect property is deaig~ted High tMratty Residential, z~n,ad RM~-12 and developS, s. nd vacant ~ Density R~id~nelal land zoned RSF-4. EAST WEST E~t of the proper%- is desigrated a~ Low D~m~ity Re~identi~fl, zoned RSF4 p~,rti~ly develoFecl. -3- JUL 2 9 ~7 Staff's review of the proposed mendment yields that it will not have a significant impact upon the population projections for Collier County. There are no environmentally ~a.sitive habitat~, protected plant or animal species. Adopted Level of Service s~nd~rds for potable water, sanitary ~,ewer, drainage, solid waste, and parks and recreation facilities will not be exceed~:l due to the small size of the subject site (.54 acres) and the relatively Iow intensity uses permitted in the Community Commercial designation. [INDING$ AND CON(~LUSION~: 1. This amendment involves less than 10 acres of property and no changes to goals, objectives, or policies are requested. This amendment is consistent with the intent of the Marco Island Master Plan. 3. Pursuant to Subsection 1&3.3187, Florida Statutes, this amendment meets the requirement of a Small .ex:ale Amendment and only one adoption hearing is required. 4. This amendment will allow land uses that will be compatible with the surrounding area and will have minirr~ impacts upon public facilities. 5. In order to maintain the iow intensity of uses intended in Community Commercial district to be compatible with the existing single family dwelling units in the immediate area any rezordng requests should be limited to C-1. 6. If the amendment is approved, the petitioner will need to rezone the property in order for the property to be consistent with the Growth Management Plan. 7. To be consistent the Mav,'o Island Zoning Overlay should be amended to include ttds property in the Comm~mity Center Subdistrict. In addition, the uses in this subctistrict can be limited to thos~ permitted in C-1 and design standards could be incorporated that would encourage the developrmmt of commercial struchu~ to be complementary to the residential character of the neighborhood. FIS._.CAL IMPACt: None .~_.~OWTH MANAGEMENTIMPACI'_: This petition would mnend the Marco h!and Master Plan's Future La'ad Use Map. .C,~ RECOMME~DATIOI!J: The CCPC held their public hearing on the adoption of the SmMI Scale Amendment to the Marco Island Master Plan ~s July 17,1996. The CCPC's motion reeommendecl forwarding Petition CP-97-1 to the BCC with a recommendation to adopt. With the stipulation that any rezonmg would be limited to low intensity commercial, C-1. The motion was made, seconded and passed ~a'mnimo~ly (9/0). RECO~.ATION_;' That the Board review the Marco Island Master Plan, receive public input, and adopt the Small Scale Amendment to the Marc,) Island Future Land Use Map of the Mm~o Island M~r Plan by ordinance and forward the Amendment to the Florida Department of Community Affairs (DCA) for its determination that it is in compliance. Staff further recommends th,at the a.mendm~t be approved contingent on the property owner willing to rezone the property to low intensity commercial or C-1 and that adequate buffering would be required along the ]ow density residential property in the rear and to the east of the subject property. Staff also recommends that the Marco Island Overlay District be amended to include this property in the Community Center SulxListrict and to incorporate architectural design guidelines for the maintain the residential character. ~c'~-~-,~'t~ -,~- JUL 2 ~ 1997 ~t ~N, AICP COMPI~~ PLANNING SF, C'TION ~~-IENSIV~ PLANNING MANAGER DONALD W. ARNOLD, AICP Pt,ANNING SERVICES DE~AR'I'I~XrI' DIRECTOR VINCEN]" A. CA CTE!~O, ADMINIS'IRATOR COMMUNITY DEV. AND EN¥1P. ONMENTAL ~ 17. DATE DATE -5- SL'rBJECT SITE - KIDCARE - 'J.37~ SAN MARCO ROAD, LOT 1'~ & 55' OF LCrl' 12 VACANT- LOT 10 JUL ~ ~ lgg7 A~I*A~ A RESIDENTIAL HOME ON REMAINDER OF LOT 12 AND 13 M~,:DICAL CENTER -. CORNER OF SAN MARCO AND HEATHWOOD JUL ~ 9 1997 - Application Fee _ -- Date Received ------- pre-Application Conference Date _----- Date Sufficient This Application, with all required mupplmmantal data and information, be completed and ac¢:ompanied by the appropriate fee, and returned to the ~.__~m:~--_, 2800 North Horseshoe Drive, Naplee, Florida The Application must be found to be sufficient for formal review within calendar days follo~;ing %he filing deadline before it will be advertised for public hearing- If insufficient, a meeting will be held between staf~ and the applicant, after which the Application will b~ returned to the applicant for completion within 30 days. For addi~iona] information on the processing of the Application see Resolution 91-521 (attached). If you have any questions, please contact the ......... e m~4~, ~ 643-~ A. Name of Applicant Martin Frimberger Company Kid______~C_are Address _1378-s_an Marc_o_.Road City _ Marco Isl_~and (941)394-3464 Telephone Number _ B. Name of Agent 34145 State Florida Zip Fax Number __ Martin D. Pinckney, P.E. Company Amer~~neering Consultants, Inc. _-------------- Address 573 Bald Ea_~le Drive 341~45' city Marco Island State Florida Zip Telephone Nt~mber (941) 394-16~7 Fax Nu~]~er (94~)394-757~ C. N~m of o~mr(~) of Record ~rtin Frim~rger/~Y jerde ,.. Address 1378 San MarCo Road City ~rco Island S~e Florida Zip Telephone N~er (941)394-3464' Fax ~lannlrs, sl~ and ~alifi~a~ions of mddi:lonal ~ofmlsionals D. Name, ad~e ....... sultants and o~mr . * ~is will ~ ~e person con, at=sd for all II. DESCRIPTION OF PROPERTY A. LEGAL DESCRII?~ION Lots 10, 11 and 55' of Lot 12 Block 109, Marco Beach Unit 3 B. GENERAL LOCATION Located on San Marco Road, approximately 500' Ea Marco Island Fire Department C. PLANNING COM)~JNITY 6 (Marco) D. SIZE IN ACRF2~ 0.54 Acres (23650 ft2) E. SURROUNDING I,%ND USE PATTERN vacant to west, residential ho~e to F. ZONING RSF--4 G. }'u~l~JRE LAND USE MA~(S) DESIGNATION Low Density Residential III. TYPE O~ ~EOU~ST A. GROWTH MANAGEMENT PLAN ELEMENT(S) TO BE AMENDED ,~- Future Land use Map for Marco Island - Change property from low Js residential to community commercial B. AMEND PAGE(S) OF THE GROWTH MANAGI~M~NT PLAR AS FOLLO (Use O~o=:~th~ghe to identify language to be deleted; Use ~1~ to identify language to be added): N/A C. AMEND FUTUR~ LAND USE MAP(S) DESIGNATION FROM LDR TO CC D. DESCRIBE ADDITIONAL CRANGES REQUESTED: N/A AMEND OTHER M;~(S) AND EXHIBITS AS FOLLOWS: (Name & Page #~) - 2 - N/A JUL I~ 'i: 1997 | I 1. Provide general location ~p showing surrounding developments (PUD, ORI's, existing zoning) with subject proper~y outlined. 2. Provide most recent aerial of lite showing subject bound~ries source, and date. 3. Provide a map of ex/sting land use and zoning within a radius three hundred (300) fast from boundaries of subject proper~;y. 4. Provide summary table of approximate acreage of land use and zoning within a radium of three hundred (300) feet from subJe( proper~cy. B. FUTURE LAND USE DBSZGNXTIO:~ 1. Provide map of existing Future Land Use designation(s) of sub' proper=}, and adjacent lands. · 2. If subJe, ct property has more than one land use designs=ion, provide acreage totals for each land use designation. e. ~L 'I. Identify native habitats agd soils occurring on sits ar~t thee2 boundaries on an aerial photograph (a scale of 1" - 200' no s~aller ~han 1- - 400,). Habitat identification must be consistent wl~h the Florida Deuar~ment o~AnsDorttt_i_on _ Fl( I~~and For~s Classi~tcation SvsCe~. A sum~ary.t~ble of acreage per habitat mus~ accompany the-~erial. 2. Provide it euz~ary table of Federal (U.S. Fish ~ Wlldllfa Service) and State (Florida Game and Freshwater Flsa Co~taai¢ known to inhabit biological con=unities sailer to the site (~ pan,her, black bear range, avian rookery, blr~ migratory routl etc.). 3. Identlf~ tistoric and/or archaeological si=as on the sub~ec~ proper~y. - 3 - JUL ~ 9' 1991 D. QROWT~ P~NAGII~I~.NT PLA~ ~~OliCV 1,1.2} (COPies at2ached[. ~esttons. ~6~a~8 CO~Ce~ b. ~ N] Does ~he proposed anend~en~ app~ (Reference 9~-11. 006 (1) (a)3, F.A.C.) c. [ N] Does ~he proposed amendment meet one of ~he exemp~ionj .. t~e ~vice per calendar year limita~ion on ~e adoption comprehensive plan amen~ents? following? d. [ N] Dlrec~lM rela~ed ~o a proposed Develonment o~ R~ional I~, pursuan2 to Chapter 380 (Reference 9~-XX.006(X) (a)4.a, F.X.C.) e. [ NJ Directly related to a proposed ~ Develo~en~ ActivitM, pursuan2 ~o ~uhseckion 163.3187(1) (Refe=ence 9~-XI.00S(i) (a)~.b, F.~.C.) F.S., which must accompany a .tataman~ sa~ing fac~s and circ~i~nce4 JuaCi~Ming 2. ~. ~e amendman~ proposed under a Joint pla~ing P~suan~ ~o Section 163.3171, F.S.? ~ Yea 1~ l~al included in the a~eement. (~efe=ence ~-XX. 006 (X) (a)S, F.~.C.) 3. Docu=ent the eftftect the proposed a=end=ent range population mro4ect~ ..... · ........... have on B~R h~ s~es ~lng pro~s~ ~Pula~on ~s deft[ned as a PO~en~tal ~ncrease ~n Coun~-~d~ ~Pula~on b7 mort ~an 5t o~ B~R h~qh range ~pula~on PrO~ ec~tonfs. (Rogerenco CIE Pol/~ 1.1.2) 4. Descrt~ the proposed land us~and tndt~at~ t~ t~ ts an ~ ~e use~ PeStered tn~ec~flc land use d~stqna~on and u--~gna~on or ~l~tric~n~Xgled on the ~kura ~nd U~e Provid~ daka and analy~l~ ~o ~uppo~ the sultabXlity of l~d fo ~e propo=ed u~e, and compa~tbllXt7 of use vi~ ~urro~dlng lan u~e~, a~ i~ concern~ pro~ec~ton og environmentally ground ~atar and natural --" 4 -- ~;c, ~ t JUL ~ P~. ~~ E. PUBLIC F~CILITI~S Provide the existing Level of Service Standard (LOS) and docum, ~he impact proposed change will have on the LOS for the follow. public facilities: Potable Water Sanitary Sewer Arterial and Collector Roads Drainage Solid Waste Parks and Recreation Mass Transit If the proposed amendment involves an increase in residential density or intensity for commercial and/or industrial developm, tha~ would cause the Level of Service for public facilities to fall below the adopted LOS, indicate mitigation measuree being proposed in conjunction with the proposed amendment. (Reference CIE PolicT 1.1.$) Provide a map showing location of existing services and public facilities that will serve the subject property (i.e., water, sewer, fire protection, police protection, schools and emergen, medical services). 3e Document proposed method of service, identify provider, and describe the effect proposed change will have on schools, fire protection, and emergency medical service. 1. Identify flood zone based'upon Flood Insurance Rate Map data. 2e Identify location of wellfields and cones of influence in tala' to subject property. (Identified on the Collier County Zoning Maps). 3. Identify areas of the property ~hat are applicable to: ae An area of critical state concern, pursuant to Chapt, 380, F.S.; b. Traffic Congestion Boundary; and Coas~l Management Boundary, all are delineated on ~ Future Land Usa Map. 4e If applicable, identify areas of the property within high nois, contours (65 LDN or higher) surrounding the Naples Airport. (Identified on Collier County Zoning Maps). - S - G, SUPP~E.~ENTAL 1. A non refundable filing fee in ~ha amount of $2,100 for la~ changes ~ the Pla~ ~s due a2 ~he 2ime of Application An additional fee of $30 per acre is r~red for each affec~ acre in ~his Applica2ion. A check for ~e ~o=al a~oun= due be made payable =o ~e Board of Coun2y 2. Proof of ownership (copy of deed). 3. ~ttar of Au~oriza=ion. If ~e Agen~ is not T~e ~er(s) of Record, a No2ariz~ ~2~er of Authorization ~e ~er(s). (See a2=achod fo~). 4. Su~i= one original, signed, complete Applies=ion w!~ a~tachmen~s, plus 25 copies of ~e complete Appll~lon. 5. SuSie 25 copies of ea~ ~p. Each map shall include: a~ow, name and loca~on of principal roadways, and ~11 i to 400' foot scale or at a scale as datelined pre-application meeting. - $ - JUL 2 ,q ~997 ) I March 1997 /~rfl 1997 - ll~d ~ Frimbcr~r KIdC~ 11690}0~ 1. Please s,cc l::igure I for the general location map thowing ~~ dcvcJol~ments with the subject property outfined. 2. l~a~ ~,t~ ~ 2 for the most rx-c~n! aerial (4' the site. ~. Pk'ase ~.-e lqgure ~ for a map of existing laud use and r.e~ vmkU, · radius ~ three h~mdred O00) feet fro~ boundarka of subject pro~rty. Ia tl~ ar~a ~0~ f~ ~ound tl~ prOl~rt~ i~ several ~ famny rgs~ucx I~u~s and nuu~msss vacant k~,. ~ lacluded ia the su~ ~s a s~ct~ ct' t~ an RM~12 tooe. The ~ m the ~00 foot radtm surn~uvtt~L,~ the property tuvolsts arouad 21.4 acres. ^~t~ly 2~'% ca'the s~x-~ is vacaat k. ts. It co~n about !.2 acres. About 12~ olr th~ land is ined by houses m' bul~dt,~. It cm~trs aborn 2.6 acted. Appmxtmstely 0. I acte~ otC~t is a medtc~! centtr. TI~ rtmaiatng 2,1 m ate ~agae faintly ~ hoa~. l~hly 61% oftl~ ri-m.i~ag are~ is the propcr~y i~cl~. It c~vetz ab)ut 0.I ao~ and ~ Vaclnr Lots 9.2 acres Medical Center 0.~ acres 5aa Marco Vlllas 1 ~1.1 acres JUL 2, 9 '1997 P~. ~ 1. The Futm~ Lu~ U~e l~p of ~ I~mi. Figure 4, ~ tl~ i~imr~ ~ L~w I~t~ Re~lent~l. Thc ~u~ect property only lm one and me l~tdentml. It b currentl~ a thy ~ center. R~ur~ 4. The propert) comLm of ~ existing home with · phyg~om~d la the bac. k. The racant lot adjacent to the home J~ tehttvel7 bare with ao tre~ or b~ahe~ oa it. Due to thts, none of the environmental concerns apply to thh pJopeflT. I. Please sec the attached appUclrion tn r~ference to the Growth Manal~tment 2. 'The zmcndment proposed t~ not trader a joint ptam~ag ~,rtcmem. The prop0-,e.d tmcndment wttl haw eo eta-ct o~ BE,~R l~h pol~atJon pro~ect~ons. Presently, the property L~ being reed a~ · day ~ c~nter. The adla~ent lot is currently v~cant and Is phnflcd to be a parict~ lot for the daT~e ct,,t~r. On the F~ture Land U~e Map for Mm~o bts~, th~ pmpert? h de. hated Low Dematy Rt~kJentbd. The land to the West J~s a t~_ _e~_ use designation Conun',~.lty Commerce. a~ t~ amen~nt would ex'rind the Current~/, th~ t~operry a used as · child day oze c~nmr. land u~e to bt ~ from Low Dens~ i~..ulden~ to Conunu~t7 coma~rc~U bustnm that fan znder tl~ Comet'rcm Rmnd in the land develoimstnt code on ~ LOC2:41 and LDC2:42. Scrvtce on San Marco Boulevard, the road that runs adjacent to the Woix, rty, is at Level C. d. Draiztage - According to the Comer Comaty Growth l~,,,~ment Pha. Pubtb: Fac~tl¢$ E3cmcnt, Dr~lns~e Subctcmcnt, t~c reconunended Level of Ser~ce 5tzndard for ~ ~ccondary srnem, post-19T7 wojcct is 2~ ycxr, ~ da),. Second*r/systems are the ~ ~ or swales that collect ~.~' run-off from t~e LndJviduxl WoperUes or projects. ^ 2I ye:r, ~ day rztnfa' event Woduce~ 12.2~' of rxLn. e. Solid Wute - Pr~ent Level of Serv:ce Includes t~ IVlzrco Service Area and the Marco Tran~r Station. The Level of Service for SoLkl Wutc Sub-£1emcnt dzaLt be: a. 1.~I tons of~oUd waste per capita per year, b. T~m (2) years otr lined ~! cell czpacity at t~e pre. ut di.qx~zl rate. c. Ten (I0~ years of Lzndf~l raw Ixnd capacity st present dlspo~l r~te. tr. Pad~ and Recreation - The foUowb~ k. ve! of ~crv~ standards for faclfitic$ znd Ixnd owncd by the county or available to the general public are adopted: ~ ~.2852 acres of'community pad~l~ poputatlon. B, 2.~q12 acrcs of'regional park land/1000 popuhtton. C. Recreation Fac~ties - F-aclfit~$ in place wftich have a v~uc (as det~-~cd} cd' at tcast $122.00 per capita or' pOl~dation. Mass Tram~ - There is no ma~ tran~t on Marco Istxnd. * ~ propc~:d amendment does not involve an Increase in restdent~! density nor does it increase the tnten~ty for commercial and/or industrial developmeat that wou~l cause the l.~.ve! o(SctvJce for public facifltics to f~l below tl~ .adopted LOS. See F, gure ! for the locations of existing sen'ices and pubtk f~tLttk-s that ~erve the s~:~ec't property, such as the watcr, ~e~cr, fire protection, police [wotec't~on. ~.hoo~ and emergency rt~...4'_u~_! mer, d~ Thc eztstt~, property currentty tmaze~ an of ~ sen,ices prcvtomZy mentioned. The change tn the Growth Mm,uagen~n! Plan will Jzave no effect on ~..bools, f~e protection and emergency medk~ serrices 1. Ac-co~t-~ to the Rood Insurance Rate Map dan, the property Ue~ tn thc flood xone AE. w.~h · base flood elcvattoa of ! 0 K-tr. 2. 'l'~rc are m) wetl~lds or cones of tnflu~nce tdentifi~-d in ~ ColXtct Cou. u~ Zo-i*~o* M~p, Slx-et I of 7, for Marco Ista~, Cottter County, Flortda. The prope~! in questton docs not tie tn an arca or' crttical szate concern. It doc~ not f-~ witt-~n a trat~ cong~mon bo_-',d,_,7 nor · boundary. ~~? JUL 2, 9 1997 Figure ! N ~;ENERAL LOCATION MAP BAY ~-SITE FIGURE 3 SOrl ~ GeCO I11111111 LIIIIiIIJ HOUSES RSF-4. VACANT LOTS RSF-4 SUBJECT PROPERTY RSF-4. COLLIER COUNTY PARK P M EDICAL CENTER C-1 :~ SAN MARCO VILLAS RMF-12-RP AG~ * i "e AMERICAN ENGINEERIN~ CC~"'~I:~T~I~T'~. ~ Marco Island Mastei-Plan Amendment · I i ~ 'l' .,~O' OAll~: ~ ~gg? ~ ~: Figure 5 PASS LOOATION MAP MARCO URG~'NT C.~q~ C~N'C~R March 21, 1997 Deborah Preston Collier County I~.anning Department Collier County Gm, emment 2800 Nor~ Horseshoe Drive Naples, Ronda 33942 Re: Letter of Au~orizaOon for Application for a Request to Amend the ColJier County Comprehensive Grov~th Management Man Dear Ms. Preston: I. as owner of me land in Block 109, Lot 10, UnR 3 Marco Beach. Collier County, Fl,~da, am aware of and g~e my consent to me applica~on to amend the Co, lief County Growth M~agement I~an submittal ~rom Amy Jerde and Ma~n ~mt~-~ger. I am also aware "~t ~,-nerlcan Eng~nee~ng Consu~nts, inc., of Marco I.~and, F~oricla. ts the repre,.sent~ng agent in this matter. Sincerely, Clare Ferrari Enrico Fen-an JUL ~ 9 1997 (m) ~PPt ZCXTZON FOR ~ CO~T~Y COHPR~-HINSZVB GROWTH MANXQEMENT PLA- TO WHOM ZT MAY CONCE~JI] LETTER OF A~THORIZATIOW ~ hereby au~horize Martin D. Pinckne¥, P.E. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Compreh&nei~e Plan affecting property identified in this Application. _ / sign.d: z Da .: I? !¢75 I hereby certify that I have the authority to make the foregoing application, and that ?~e application is true, correct and complete to the beet of my knowledge. Florida Statute Section 837.06 - False Official Statement~ Law etato~ that: "Whoever knowingly makes a false statement in writing with the ~ntent to. mielead a pt%blic servant in the performance of hie official duty mhall be quilty of a mSsdemeanor of the second ~egree,# D~t~ilhable aa ~-~ fine to a xlmum of $50O.00/a~d/or m~imum of a sixty day Jail term. ma . -- ~ ....... by a Amy E..Jerde Name - (Typed o~ Printed) · TAT~ OF ( Florida } COUNTY OF ( Collier ) Sworn to and subscribed before me this . .'~ ~ Notery Public MY COMMISSION EXPIRES: , 19 ¢__v ~C)C)II ~ OF THI FOLLO~SMGz who ii personally k~town to ,, ~// who has produced and aa identification did teke an Oath, did not taka an Oath. JUL 2 9 1997 2000747 OR: 2125 l~: 1339 II/H/tS ot 11:3~ ~ I. ~, ~ ~ ~lill,II ~ ~ ~.11 D~ IW ~ ~Jfl 21Si ~47 N,rth C~e. B~L JUL 2 9 1997 .... (NOT FOR CONDOMINIUMS) ,.~' ~::":'~E'~ ~:*~"x~, :,.¥ /._,..- .... ~ .~,qy'm mimm, y. 'JUL 2, 9 lg~??' " 2 6 9 12 2! 27 3! 33 35 37 39 NO. AN ORDXNA~CE AMENDXN~ COLLIER COUNTY O~DXNANCE NUMBER S9-05, AS ~ND~D, FOR TH~ UNXNCO]tPORATED AREA OF FLOR~A BY PROVXDXNO ~OR ~ ~ S~ ~ TO TI~ ~CO ISLAND FUTURE ~ USE ~ OF TH~ N~RCO ISLAND MASTER PLAN COLLIER COUITI'Y'S OROgTI.[ N,~NAGEHESTI' PLAN; BY PROVIDIN~ FOR SEV~J~ILITY~ AND BY PROVIDIN~ AN SFI~CTIV~ DAT~. ~FE~S, the Board of County Co,~nissionera adopted the Collier County Growth Management Plan on Janua~ 10, 1989; ~d ~. the ~ard of Cowry C~ssioners adopted the ~rco Island Master Plan on N~r 12, 1996~ and ~, the Florida ~par=~n= of Co~ity Affairs did ft~ Pl~n in co. llanos on J~ua~ ~, 1997~ and ~S, Marco Island ~as=er Plan and ~=ure ~nd Uae Map ef fe~c=ive; and ~R~S, =he property o~ers of .54 acres of land ~ s~i~ted a re.es= to a~nd =he Future ~nd Use ~ap of the Marco Isled Plan Ele~n= of ~he Collier Co~=y C~rehenslve Growth ~nage~n= Pla~I as s~:ated in Resolution 91-521; and ~S, =he re~est ts for a ~=ure ~nd Use ~ap change only and it i~wolves less than l0 acres of land; and ~, ~he a~nd~n= d~s no= involve a change =o any of ~he 9oals, objectives, or ~licies of the Plan; and ~, pursuant ~o S~sec~lon 163.~18~(1)(c). Flori~ this a~nd~n= is considered a Small Scale ~nd~n=; and ~, all appltc~le s~s=~ive and procedural re~lre~n~s of law ha~ ~en ~=; and l~OW, ~FO~ BE IT O~I~ by ~he Board of Co~y o[ Collier Co~=y. Florida: SECTION ONE: ADOPTION OF TKE AMENDED MARCO ISLAND FUTUR~ IAND USE MAP This Ordi~ce aa described her~in, shall be known aa the 1997 Marco Island Small Scale Amendment for the Future Land Uae Map of the Marco Island Master Plan Ble~ent of Collier County's Growth MAnagement Plan. The Amendment, attached hereto and incorporat~LJl~r~t reference as Exhibit A, establishes the emended Marc Ial 2 4 7 10 12 1.1 14 ~6 1'7 ~9 2! 23 26 27 $1 :!2 3~ 3'7 39 40 41 42 ~and Use Map am a com~onsnt of :he Marco Island Master Plan, an individual element of the Collier County's Orow~h Management Plan. SECTION TWO: S ~;ERA~ ILI TY If any phrase or portion of this Ordinance is held in~&lid or unconstitutional by any court of co~etent Jurisdiction, much por~ion shall be deemed a separate, distinct and independent prowiaion and such holding shall not &ffecc the validity of the remaining ~;ECTION THREE: EFFECTIVE. DATE The effective date of this Smell Scale A.~ndm~nt shall be the dace a final order is laeued by the Department of Co~w~Anity Affairs or Adminimtration Commismion finding the &mend.-r~nt in co.~liance in accordance with Section 163.31S7, Florida S~atute~, whichever occurm earlier. No development orders, develosm~nc permits, or land usam dependent on this amendment may be issued or cool,ante L~efore it has becotne effective. If a fiDal order of noncc~liance ia issued by the Administration Co~iesion, this &menc~nt may nevertheless be made effective by adoption of a Resolution affirm~%t~ its effective s%a:um, a copy of which Resolu:ion s~ll ~ sent :o :he ~rt~nt of C~ty A:fairs, Bureau of ~cal Pluming, 255S Shummrd ~k Blvd., TailPieces, Florida 32399-2100. P~S~ ~ D~Y ~ by the Board of Co~ty C~es~oners of Collier County, Florida, this -- day of 1997. A~ST: ~ OF ~ DWIG}{T E. BROCK, CL4~RK BY: TIMO~ L. HANCOCK, CHAIRMAN APPROVED AS TO ~'~DRM ARD LEGAL SUFFICIENCY: I~.RJOR~ M. STUDENT' ASSISTANT COLRTTY ATTORNEY -2- JUL 2 9 1997 PI. C~ COLLEKR COLrNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAI~INGS To: Clerk to the Board: Please plac,e the followinI as a: X Nora-al lega~ Advertisement [] Other: (I)is~ay Adv., location, etc.) ................................................. ............................. Ori$i~a6n8 Dept/Div: Public Works P~.""R~|I Mul]~ ' ' Date: July 8. 1~97 Petition No. (If none, give brief description): AV 974313 Petitioner: (N..me & Address): 951 Land Holdings Joint Vt-nra'c, 4001 Tamiarni Trail North #350, Naples, FL 34103 Name & Address of thy person(s) to be notified by Clerk's Office: (If more space is needed, atuch separate ~ee0 Se-:. attached list. before X BCC BZA C~her Requer~ed Hearing date: (Based on adverti$ement appearing 10 days be. fore hearing.) July 29, 1997 Newspaper(s) to be used: (Complete ouly if ~rts~t): X Naples Daily News [] C'~ber X Legally Requu.'d Proposed Text: (Include legal description &comrnon location & Size): PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILFFIES EASE,MEN'TS AND DEDICATIONS WFI-IIIN TI-L~,T POR'I-ION OF CFLAMPIONSIiip DR.IVE (F/D!A MARRIOTT CLUD DRIVE) LYTHG EASE OF THE COLLIER COLrNTY WATER.SEWER DISTRICT PUMP STATION; FIDDLER'S CILEEK PARKWAY (F,'K/A TOURNAMEN'I' BOULEVARD); CLUB CEN'TER BOULEVARD CI-1AM~IONSHIP DRIVE, AS SHOWN Obi THE MARCO SHORES UNIT 30 GOLF COURSE PLAT; AND TH. AT CERTAIN 60 FOOT ROADWAY EASEMENT R.ECORDED AT 0 R B(X)K 155'/, PAGE 2335, ET SEQ; ALL LOCATED D-,[ SECTIONS 14 15, TOWNSHIP 51 SOUTH, RANGE 26 EASE, COLLIER COUNTY. FLORIDA. Compatsion petition(s), ii' any & proposed hearing date: Does Petition Fee include adverlisSng cost? X Yes [] No lfYes, what account should be charged for ad,, cmsmg costs: 101-163610-649100 Division Head County Manager Date List Attachments: Petition and Resolution. Approved by: DISTRIBUTION INSTRUCTIONS For bearings before BCC or BZA: Inlllat[nI person to complete one coy and obtain Division Head ap:proval before submitting to County Manager. Note: If lelal document Is Involved, be sure that any necessat3' lelal rtwtew, or reqnest f~r same, is su~mitted to Coun0' Atlona~' before submitting to County Manager. The Manaser's office ~ dIstribute copies: r"l County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head ,o approve and submit original to Clerk's Office, attaining a copy fix f'fle. 1~ FOR CI..ERK'S OFFICE USE ONLY: Date Received: Date of Public heating: Da~e Adverns~d: EXECUTIVE SUMMARY PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY 3d',lD UTILITIES EASEMENTS AND DEDICATIONS WITHIN THAT PORTION OF CHAMPIONSHIP DRIVE (F/D/A MARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUq'CI'Y WATER- SEWER DISTRICT PUMP STATION; FIDDLER'S CREEK PARKWAY (-F/K/A TOURNAMENT BOULEVARD); CLUB CENI'ER BOULEVARD (F/K/A CHAMPIONS~ DRIVE), AS SHOWN ON THE MARCO SHORES UNIT 30 GOLF COURSE PLAT; AND THAT CERTALN 60 FOOT ROADWAY EASEIVII:,.NT E_ECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ; ALL LOCATED IN SECTIONS 14 & 15, TO~I,q'4SHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~: 'Fo approve a Resolution vacating all public road rights of way and utilities ea~sements and dedications to allow the petitioner to rec~onfigure the public roadways and utilitie~ easements on future plats. .CD.N_[~.I~,BA.TJ.D.12~: A petition was r~eived by the Transpo~ation Depam'nent from Young, van Assenderp md Vamadoe, P.A. as agents of owners, 951 Land Holdings Joint Venture requesting vacation of the plat-dedicated Championship Drive east of the Water-Sewer Disn'ict pump station. Fiddler's Creek Parkway and Club Ccnter Boulevaxd a.s wcll as a.n re'ma.meal, unplatled 60 foot roadway easement granted by O.R. Book 1557, Page 2335. 'I"he petitioner, desires to relocate the roadway along the northern bounda:y of their properly and construct single family homes within the existing e.~.sement area. As cxmsideration the petitioner is offering are. placemm~t utilJD' casement. Lette.,'s of no objection have been received from all authorized user v. gencies. The Transportation Staffh~ reviewed the petitiop. ~"~d has no objections. The property ia z~ned PUD. None. None. ~F..~r~.~N]D.--XTI..Q~: Th:it the Board of County Commissioners approve the Re~,olution for Petition AV 97-013 to vacate the mad rights of way and utilities easements and dedications and approve and accept the replacement utility easmnent; ~uthorize the execution of the Resolution by its Chairman; and direct the Clerk to advertise the adoption of the Resolution within 30 days and record the Re~olufiorL, proof of public~lfion of the Notice of Public Hearing and proof of publication of the Notice of Adoption in the Public Records and thereafter record a certified copy of the Resolution and the replacement utility easement in the Public Re: ,~rds. ~~~m Transportation Director Ed Ilschner, Public Works Administrator RM/tm/070597m. S AV 97-013.doc DATE: DATE: 7"' ?- 5 7 J JUL 29 1997 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 97 RESOLUTION FOR PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGITFS OF WAY AND UTILITIES EASEMENq'S AND DEDICATIONS BTrHIN THAT PORTION OF CHAMPIONSHIP DRI'VE (F/K/A IVIARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION PROPERTY DESCRIBED l]'i THE SPECIAL WARRANTY DEED ,RECORDED AT O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; FIDDLER'S CREEK PARKWAY (F/K/A TOLrRNAMENT BOULEVARD); CLUB CENTER BOULEVARD 0F/K/A CHAMPIONSItI[P DRIVE), AS SHOWN ON THE MARCO SttORES LrNIT 30 GOLF COURSE PLAT; AND THAT CERTAIN 6t3 FOOT ROADWAY EASEMENT RECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALL LOCATED IN SECTIONS 14 & 15, TOWNSHIP 51 SOUTIt, RANGE 26 EAST, COI.LIER COI2'CI'Y, FLORIDA. W'HERE,'iS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Young ,,an Assenderp and Varnadoe, P.A. as agents for petitioners, 951 Land !Ioldings Joint Venture, do hereby request the vacation of all public road fights of way and utilities easements and dedicatior,.~ within that portion of Champion.skip Drive (F/KJA Ma .r:5o~q Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC 1LECORDS OF COLLIER COUNTY, FLOIHDA; Fiddler's Creek Parkway (F/FdA Toumamerg_Bou!evard); Club Cen~er Boulevard (F/K/A Champiot~sl'fip Drive), as shown on the blarco Shores Ur, ir. 30 Golf Course Plat; and that certain 60 foot roadway easement recorded at O.R. BOOK 1557. PAGE 2335, ET SEQ; all loc. aced in SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; and WHE~£AS, the Board has this day held a public hearing to cop_sider vacating said road fights of way and utilities easements and dedications as more fully described ~low, and notice 05 said public hearing to vac~Ie was given as required by lag': and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of converfient access of other property owners. NOW, THEREFORe:, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that public rights of ingress/egress, ,and utilities easements and dedications in the following are hereby vacated: Within that porn:ion of Championship Drive (F/K/A Marriott Club Drive) lying ,:asr of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. BOO,K 1755, PAGE 361. ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Fiddler's Creek Parkway JUL Z S I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Champions2zip Drive), as shown on the Marco Shores Unit 30 Golf Course Plal:; and that certain 60 foot roadway easement recorded at O.R. BOOK 1557, PAGE 2335, ET SEQ; an located in SECTIONS 14 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COI-I...IER COUNTY, FLORIDA. BE IT FURTHER RESOLVED, that thc Clerk is hereby directed to advertise the adoption of this Resolmion once in a paper of general circulation in the County within 30 days following adoption. BE IT FURTHER P~-SOLVED, that the clerk is hereby directed to record a certified cepy of tl'3s Resolution, the proof of publication of the notice of public beari.ng, and the p~x)f of publication of' the notice of adoption of tiffs Resolution in the t:h~blic Records of Collier County, Florida, and to m',~:e proper notatiorts of tiffs vacation. DATED: AT.rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOtUDA BY: Deputy Clerk Api~roved as to form and legal sufficiency H¢idi F. Ashton Assistant Collier Count), Attorney Timothy L. Hancock, Chairman Preser,,*ng and e."m.~r~c~r',~ FIO~'S ~lu~ty ol ~l~ ~nce 1~66 HOLE, MONTES & ASSOCIATES. INC. EN~ntE E RS F't.~ERS HM.A. PROJECT ~¢93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 1 OF 4 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TO~'CNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUN'fY, FL.ORIDA, THE SAME BEING A PORTION OF CHAMPIONSHIP DRIVE, TOURNAMENT BLVD. AND MARRIOTT CLUB DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE. ACCORDING TO, THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECC)RDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW,';: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TO~,~,ffqSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 00'18'41' W., ALONG THE -EAST LINE OF THE rlORTHE.~,ST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1398.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SECTION 15: THENCE RUN N. 69'13'52. W., ALONG THE HORTH LINE OF THE SOUTH ONE HALF OF THE NORT~IEAST QUAP, TER OF SAID SECTION 15, FOR A DISTANCE OF 1703.66 FEET TO A P©INT ON THE NO~-~THERLY RIGHT-OF- WAY L~NE OF CHAMF~ONSHIP DRIVE, AS THE SAME ~S SH©WN ON MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1'7 AT PAGES 96 TH,ROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUN'Pr', FLORIDA, THE SAME BEING A PC;NT ON A CIRCUL.&R CURVE CONCAVE SOUTHERLY, W~{OSE RADIUS POINT BEARS S. 18'31'18' W. A DISTANCE OF 1050.00 FEET T~EREFROM; AND THE p_Z_DINT ©,_F.~.j~L~JNNINr~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN EASTERLY, At. ONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSI lip DRP, qF., HAVING A RADIUS OF 1050.00 FEE7', THROUGH A CENT[~L ANGLE OF 02'05'06', SUBTENDED BY A CHORD OF 38:21 FEET AT A BEARIN .'~ OF S. 70'26'09' E., FOR A D~STANCE OF 35.21 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG THE RIGHT-CF-WAY LINES OF CHAMPIONSHIP DRIVE, TOURNAMENT BL~nD. AND, MARRIOTT CI.UB DRIVE AS THE SAME ARE GHOV~,"N ON SAID MARCO SHORES UNIT 30 GOLF COURSE FOR THE FOLLOWING 35 COURSES; 1. THENCE RUN S. 69'23'36' E. FOR A DISTANCE OF 488.93 FEET TO THE BEGINNING OF a TANGEN'riAL CIRCLII. J,,R CUR~/~, CONCAVE. NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, P~AVING A RADIUS OF 1209.66 FEET, THROUGH A CENTRAL ANGLF. OF 19'50'16~, SUBTENDED BY A CHORD OF 416.74 FEET AT A BEARING OF S. 79'18'44" E., FOR A DISTANCE OF 418.8~ FEET TO THE END OF SAID CURVE; 3. THENCE RUN S. 89'13'52' E. FOR A DISTANCE OF 655.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOLITHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 32.08~39', SUBTENDED BY A CHORD OF 1135.07 FEET AT A BEARING OF S. 73'09'32' E., FOR A DISTANCE OF 1150.09 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S. 57'05'13" E. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENrTIAL CIRCULAR CURVE, CONCAVE SOUTHV'~STERLY; 6. THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4050.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13% SUBTENDED BY A CHO¢~,D OF 860.99 FEET AT A Bc-.ZARING OF S. 50°59'07' E., FOR A DISTANCE OF R~ ~3 ~=~,,F_.,-T~ TO THE END OF SAID CURVE; ~.~.(~'}(~}...~._ H.M.A. PROJECT #93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 2 OF 4 7. THENCE RL~N S. 44'53'00' E. FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRC!,JL/~R CURVE. CONCAVE NORTHERLY; THENCE RUN SOUTHE'~"-,STERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 89'53'00' E., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 9. THENCE RUN S. 44'53'00' E. FOR A DISTANCE OF 100.00 FEET; 10. THENCE RUN S. 45'07'00' W. FOR A DISTANCE OF 342,01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCUL.~R CURVE, CONCAVE SOUTHF_ASTERLY; 11. THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING ,'. R./,,DIUS OF 1950.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED B',' A CHORD OF 478.22 FE-:ET AT A 5F_ARING OF S. 38'04'24' W., FOR A DISTANCE OF 479.42 FEET TO THE. END OF SAID CURVE; 12. THENCE RUN S. 31°01'48~ W. FOR A DISTANCE OF 93.15 FEET TO THE BEGINNING OF A TANGENTI,'~I_ CIRCULAR CURVE, CONCAVE F_.ASTERI.Y; 13. THENCE RUN SOUTHERLY, ALONG THE ARC OF SAiD CURVE TO THE LEFT, HAVING A RADIUS OF .50.00 FEET, THROUGH A CENTRAL ANGLE OF 90"00'00', SUBTENDED BY A CHORD OF 70.71 FE[.:T ,~T A BF_..~,R1NG OF S. 13'58'12' E., FOR A DISTANCE OP'78.54 FEET TO 7HE END OF S,M[:) CURVE; 14. THENCE RUN S. 58'58't2' E. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTI.~.L CiRCUL.A~ CURVE, CONCAVE SOUTHWESTERLY; 15. THENCE RUN SOUT?tE~STERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A i:~,DIUS OF ,~050.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 617.80 FEET AT A BEARING OF S. 54'35'44' E,, FOR A DISTANCE OF 618.40 FEET TO THE END OF SAID CURVE; 16. THEt.,ICE RUN S. 50'I3"17" E. 'FOR A DISTANCE OF 800.51 FEET; 17. THENCE RUN S. 39'46'43' W. FOR A DISTANCE OF 100.00 FEET; 18. THENCE RUN N. 50'13"~7' W. FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 19. THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 602.55 FEEl' AT' A BEARING OF N. 54'35'44' W,, FOR A DISTANCE OF 603.13 FEET TO THE END OF ,'~AID CURVE; 20. THENCE RUN N. 58'58'12" W. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAI:{ CURVE, CONCAVE SOUTHERLY; 21. THENCE RU~'~ NORTHWESTERLY, ALONG THE ARC OF SAID CURV~ TO THE LEFT, HAVING A RADIUS OF 50.00 FEETF, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENpED BY A TO THE END OF SAID CURVE; / JUL 2 S 1927 H.M.A. PROJECT #g~.132 FEBRUARY 17. lgg7 REEF. DWG. B-lgg8 PagE 3 OF 4 24. 25. 26. 27, 28. 2g. 30. 31. 32. 33. THENCE RUN N. 58'58'12' W. FOR A DISTANCE OF 100.00 FEET; THENCE RUN N. 31'01'48' E. FOR A DISTANCE C "293.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHFASTERLY, ALONG THE ARC OF SAID CUR~_ TO THE RIGHT, HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'1Z', SUBTENDED BY A CHORD OF 502.74 FEET AT A BF_ARING OF N. 38'04'24' E., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; THENCE RUN N, 45'0~"00' E. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTH:EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50,00 FEET, ~'q-IROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF '70.71 FEET AT A BEARING CF N. 00'07'00' E., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN N. 44'53'00' W. FOR A DISTANCE OF ,351.89 FEET TO THE BEGINNING OF A TANGENT!AL C!RCU~k~~, CURV"E, CONCAVE SOUTHWESTERLY; :'HEN(';E RUhl NORTHW'ESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 12"I 2'13', SUBTENDED BY A CHORD OF 839.73 FE,?F AT A BF_ARING OF N. 50°5g'07" W., FOR A DISTANCE OF 841.32 FEET TO THE END OF GAiD CURVE; THENCE RUN N. 57'05';3' W. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENTIAL CtRCUL/d~, CURVE, CONCAVE SOUTHERLY; THENCE RUN i',IORThR~STERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A .~.DIUS OF 1~50.00 'FEET, THROUGH A CENTP, At. ANGLE OF 32'08'39", SUBTENDED BY A CHORD OF i079.70 FEE~ AT A BE.,M~ING OF N. 73°09'33' W., FORA DISTANCE OF 1093.6g FEFT TO THE 5ND QF ,';AID CURVE; THENCE RUN N. 89.13'52' W. FOR A DISTANCE OF 655.14 FEET TO THE BEGINNING OF A TANGENTLAL CIRCUI..,aJ;[ CURVE, CONCAVE NORTHERLY; THENCE RUN WESTEF{I.Y, ALONG THE ARC OF SAID CU.q.'~ TO THE RIGHT, HAViNG A RADIUS OF 1309.68 FEE:'T, THROUGH A CENTRAL ANGLE OF 19.54716', SUBTENDED BY A CHORD OF 451.19 FEET AT A BE..~'~ING OF N. 79.18'44" W., FOR A DISTANCE OF 453.45 FEET TO '['HE END OF ,~AID CURVE; THENCE RUN N. 69'23'36' W. FOR A DISTANCE OF 488.93 FEET TO THE BEGINNING OF A TANGENTL~.L CIRCULAR CURVE, CONCAVE SOUTHERLY; TItENCE RUN W15STEF.'LY, ALONG THE ARC OF SAID CURVE TO THE LEFT, ~AV1NG A RADIUS OF DS0.00 FEEl', THROUGH A CENTRAL ANGLE OF 19'50'16', SUBTENDED BY A CHOI:(D OF 327.28 FEEl' AT A BEARING OF N. 79'18'44' W., FOR A DISTANCE OF 328.82 FEET TO THE END OF :SAID CURVE; H.M.A. PROJECT #93.; 32 FEBRUARY 17, 1997 REF, DWG. B-1998 PAGE 4 OF 4 35. THENCE RUN N. 8g'13'52' W. FOR A DISTANCE OF 5~g.97 FEET TO THE NORTHEAST CORNER OF A COUHTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1755 AT PAGES 367 THROUGH 369 .OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIWE RUN N. 00'46'08" E. FOR A DI:!;TANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF CHAMPIOI',~SHIP DRIVE THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORHTEAST QUARTER OF SECTION 15; THENCE RUN S. 89'13'52' E.,'ALO IG THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE AND ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SECTION 15, FOR A DISTANCE OF 890.13 FEET TO THE POINT OF B~CG1NNING; CONTAINING 19.6207 ACRES, MORE OR LESS. SUP--JECT TO EASEMENTS, RESERVATIONS OR F~ESTRICTIONS OF RECORD. BEARINGS SHOWN HER;P'.ON REFER TO THE EAST LINE OF SECTION 15, TOWNSHIP 51 SOUTH. F~,NGE 26 E~'~ST. COLLIER COUNTY. FLORIDA, AS BEING S. 00'18'41' W. HOLE, MONTES AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB# 1772 THOMAS M. MUI~,PF/~ ~ STATE OF FLORIDA JUL 2 ~ ISS7 JUL 29 1~37 !''="' t l N~ ~ Fo~ 7 - ReY. 4/28/89 (Utili~ Ea~am~t Utilitfa~ Acceptanoe - D~ ~S ~.S~, granted ~is ~ day ot J~e, 1997, by ~ ~Y 100, INC, on b~alf of itself and a& General Pa~ner of ~ ~%y 100, ~D., P~L Z, INC., d~)/'a 95] ~ EO~GS JO~ ~E~, Grantor, to ~e ~D OF CG~ CO~ISSI[~g OF ~ C~, F~, ~ THE GORING ~DY OF COLDER ~5~ AND kS EX~FFICIO ~ ~G SO~ OF ~E COL~ WI~S~: ~%at ~e Gr~tor for and in consideration of ~ s~ of Ten ~ll~rs ($10.00) and other valuable con~doratlon paid by ~e G~ntem, receipt of which i~ hereby ac~ledged, her~y conveys, ~an~, ~a~na sails ~to ~e Gran't~e, its s~ccesso~ ~d ams~s, a perpetual, ~semmnt, l~ce*%~e, and privilegm to enter upon and to install m~d water and sewex ut:[lity faci!i~ies, on ~, fcllowi~ descr~od ~and~ ~ing loa~ted in Collier County, Flor~da, to wit, ther~n. Grantor and Gr, ntue mrm u~ed for ~in~]ar or plural, am ~.he r ~ll.r~. I the date ~nd year f[rKt above ~ittan. in the pre~enc~ of: CRA NTOR ~ CUL~ BAY 100, I.TD., Limited Partnership, by itl G~I Pa~ner: ~F ~Y 100, ~C., cc~ration PARCEL Z, Inc., a Floridl corporation ride ~o~a~ ~lic Co~im~ion Ho. ~ c~tssion ~"g OF ~ YO~ June, 1~7, by T.~Hi S~O, ~.~lden% of P~L Z, ~C,, on b~alf of ~e corporation. Ma i~ pe~onally ~no.n to me ~ did not t~ke ~ o~. Page 2 of 2 Notary Public Co~mie~ion No. JUL 2 9 1SS7 HMA PROJECT If 9;3.132. PAGE 1 ~ 4 LEGAL DESC~<IPT)O~ A PA.RCEL O¢ LAND LOCATEO )N S~CTION$ 14 ~NO 15, )'O'~S~IP 51 SO~, ~ E~GT, COLLt~ CCU~, FLORIOA. ~D ~ ~RTION OF T~ENT RLVD. OF RECORDED ~N P~T E~K 17 AT PAGES ~ ~H I0~, ~ ~E PUGLtC CF COi~:~ CO~JN'~ F[.OR~JA., BEING MORE PARTIC~RLY DESCRIBED FOLLCt~: COMMENCE AT THE SOU~ ~¥EST CO~E~ OF ~IE NC~THF~ST Q~TER SSCTJON 15. TO~V¢~SH)P 51 SO~4, ¢~NGE ~ ~ST, CC~J~ C~N~, FLORID~ OF ~ID SECT]ON 15, FOR A OIST~CE OF 1~9~ ~ETTOA ~I~ ~ ~ N~ THENCE ~tH ~. 89'13'35" ~.. ALO~ '~E t~f{T~ MNE ~ T~ E~ ~ ~ ~E HORT~AST QL~,RTER OF SAID SECTICN 15, F~ A ~ST~E ~ 1{5.5~ THENC5 F~L't~ S. ~'4&~5' W. FOR A DISTANCE ~ ~.~ FE~ TO T~E ~C~;~ OF THE P,~CEL OF [~[JD HE~EiN ~l~O; ~E RUN ~. e~'1~5' E. FOR A DIST~CE CF ~:7.19 FEET TO ]~& BEGI~ OF A T~EKR~ CUR~, CO~VE SO~E~Y; 3~NCE RUN EAS~RLY, ~ ~E ~C CUR~ TO ~E R~G~. ~HG a RADIUS OF 140.~ F~. 1HR~H a C~ ~G[~ OF ~ 4'~'18'. SUS~N~EO B'¢ a CHORD ~ 34.~ FE~ AT A G~ING S. ~2'11'~' E.. F~( ~. ~]~TANCE ~ 34..]5 FEE~ TO ~ ENO ~ ~ID CUR~; THE~E ~ijN S. 75'0g'17' E. FOR a DIST~E OF 44.~ FE~ TO ~ BEGI~INO OF SOU~i~STERLy ~C'~G THE ~C O~ ~lO CUR~ TO ~ RIO~. ~ A OF 118.~ ~EET THR~.~H A C~T~%L ANGLE ~ ~'51~, ~IE~D BYA C~O ~ &7.02 F~ET AT ,t BE~I~ ~ S. ~'~'43' ~ F~ A DIST~ ~ 57.95 FEET TO A CE~ ~G~ ~: 4~'55~7'. S(~NDED BY A ~ ~ I~8g FE~ AT A B~ING OF S. ~5'45'5~ ~, FOR A DIST~E ~ 157~4 ~ TO ~ ENO OF C~; ~E~E RUN S. 8~1~5' E. FOR A DIST~ ~ ~Z~ F~ TO ~ BEGIt~[~ING ~ A TAN(;E~ ClRC~ ~ ~ ~S~Y; ~H~E RUN ~EAS~RLY ~ T~ ~ ~ ~O ~ TO ~ ~, SUBTENDED BY A C~ ~ e1.~ F~ AT A ~1~ ~ N. 75~1~ E.. F~ A ~ST~CE ~ 82.25 F~ET TO A ~1~ ~ ~ ~ ~ ~ ~ 1~.~ FE~, ~O~H A ~ ~ ~ ~, ~D BY A ~ 52.58 FEE~ AT A BEARI~ ~ N. 75'31'~ ~, F~ A ~8T~ ~ ~1 FEET TO THE ENO OF E~O CUR~: ~ENCE R~ 8. 8~'1~S' ~ F~ A DIST~E ~ ~57.1g FEET; TTI~E R~4 S. ~'~44' E. FOR A OlST~E ~ 119.~ ~ TO ~ B~GIHt~ING ~ A T~GE~L CIRC~ C~ ~ THENCE R~ S~HE~RLY ~ONG ~ ~C ~ ~ C~ TO T~ R~, S~TE~O BY A C~RO OF 421.~ FE~ AT A BE~:~ ~ S. ~'4rI~ E.. F~ A DISTANCE OF 4~5.~ F![~ TO ~f( EHDz ~ ~D C~ ~ ~ S. 43'1~'4r E. F~ A D:ST~E ~ 242.1B FE~ TO ~ ~G~I~ ~ A T~ J U L 2 9 1%;' HMA PROJECT # 93.132 REF. DVVG. JULY 2. 19~17 PAGE 2 OF 4 ALONG THE A}'{C CF E, AID CURV~ TO ~E ~. ~NG A ~IU~ OF 1050.00 FE~, THROUGH A CEH~L ANG~ ~ 13'51~', SU~NDED BY A CHORD OF 253.35 FEET AT A D~RING OF :~. 50'~S' E., FOR A D~ST~'E ~ ~53.~ FE~ TO ~ffE E~D OF SA~D CUR~; ~ENCE RUN ~. 57'05'13' E. FOR A DISTANCE ~ 2a.73 FE~ TO A ~O1~ SHORES UNIT 30 G~ C~R~E. ACC~DI~ TO ~E ~T ~EREOF, RECOHDED P~ ~1( 17 AT PAGE~ 98 3'~R~H I03~OF ~E PUBMC RECCP~S OF COG'~. ~ORIDA. ~ENCE C~ ~ ~E ~GH~-WAY LINE~ OF SAID ~CO $HO~:ES ~[T 3~ G~ C~RSE, F~ ~ F~NG 7 COURSES: THENCE CC~N1JE S. 5~05'13' E. FOR A D1ST/~E OF ~.4~ FEET TO ~3 ~EGI~NING OF A T~ENTIAL CIRCUI~ CUR~ CONCA~ 2. ~{Et~CE R'JN S~RLY, ~O~ ~E ARC ~ ~ID C~ 30 ~E H~A~NG a RADIUS OF 39~.~ FEE~ ~1~ A CE~ ~G~ OF 1 SUBTEt~DE{) DY A CHORO ~: ~g.73 FEET AT A B~I~ OF S. ~'5~ E., FOR A D~STA~,~E (~F ~41.32 FEET TO ~E ~ ~ ~D C~; ~. ~Et~E RL~N S. 44'53~ E. F~ A DiST~ ~ 351.gl FE~ TO ~E 8EGJt~"~ ~ ~DIUS OF ~.CO FEET, ~G~{ A ~ ~G~ ~ ~, S~ 8Y A CHOR~ OF 70.7! FEET AT A BERING ~ S. ~'0~ W.. FOR A D~SS'~CE CF 78.54 5. ~ENP~ RUN S. 45'Q~ W. F~ A DIST~E ~ 14Z01 ~ TO ~ BEGI~ar~ ~ENCE RUN ~S~Y, ~ ~ ARC ~ ~O C~ TO ~E ~, 7. ~ENCE R~N ~. 31'01'4~ W. F~ A DIST~E ~ 243.1S ~; ~RLY ~;~WAY ~ ~ ~10~ ~ ~ ~ ~ S~S ~ ~-WAY U~ O¢ ~IO~ ~ ~ ~ ~ ~ ~C ~ ~D ~ TO FOR A DIST~E OF ~.13 FE~ TO ~ ~ OF ~D C~ ~E R~ S. ~' 13'1~ ~, i~ ~ ~Y RIGI~-WAY ~ ~ ~10~ ~ ~. F~ A DIST~ ~ ~.51 F~ TO ~ ~ST ~Y C~ ~ JULZS 1997~ ~. 1.3 J HM,A PROJECT f 93.132 REF. D',N't~. D-2097 JULY 2, 1997 PAGE 3 OF 4 ~,'~',RRIO ~'~i' CLUB DRIP, RUN S, 39'48'43' W. FOR A DISTanCE OF 10.~ FE~T; THENCE RUN H. 50'13'1~ W. FOR A DIST~E OF 8~.51 FEET TO TA~GE~TT~AL CI~C~ ~ CUR~, CON~ $O~STERLY; ~ENCE RUN Nor~f'~5~RI.Y, ~.LO~ THE ~C OF ~lO CUR~ TO ~E ~, ~NG A ~DIUS OF 3gl0.~ FE~, ~H~GH A CE~,L ~G~ ~ 0a'44'55', SUS~NDED BY A CHORD OF OO1 02 FE~ A.T A B~RINO OF t4.54'35'45' W., FOR A DIST~E OF 601.61 FE~ TO ~'iE E~D OF ~O C[~; ~ENCE R~ N. 5~'5~1~ W. ~'~ A D/ST~NC6 OF 1052.53 FE~T; ~ENCE R'~ N. 31'0I'4~ E. F~A DIST~E BEGiNnING OF A T~E~ CIRC~ C~ CON~ ~ENCE ~UN NOR~Y ~ONG ~(E ~C OF ~D CL~ IO ~E RIGHT, S'JETEH~D ~Y A ~D ~ ~5.'19 FEET,~T A DIST~E CE ~.47 FEET TO ~ E~ ~ ~D C[~; I~CE R~ N. 45'0~' E. F~ A DIST~CE OF 142.Cl ~ TO ~ 6EG~NNI~ O¢ A T~GEHT~ ClRCt~ CUr<~E, COtK~ ~ES~LY; ~E RUN ~ERLY ~ONG CF 90'~', SI~TE/~EO BY A ~ ~ ~.~ FEE~ AT A FOF~ A D~ST~E ~ ~.83 ~ TO ~ E~ ~ 44'5~ W. FL~: A DI~TA~ ~ 351,~1 F~ TO ~(ROU~H A C~ .~ ~ 1~I~I~', S~N~O BY A ~ORO OF ~37.~I FEET AT A ~RJNG O~ N. 50'5~' W., F~ A DIST~ ~ID C[~*E; ~E ~N N, 57'05'1~' W. FOR A ~ST~ ~ $9~ FEET TO THE DtST~E ~ 2~.~e F~T TO ~E E~ ~ ~D ~; ~E~ R~ N. 43'13'43' W. F~ A QiST~ ~ 24~.17 ~ TO ~ aEG~I~ ~' A TANGENT~ CIR~ G~S~LY ~L~ ~ ~C ~ ~O ~ OF < ~.32 F~ET AT A I~1~ ~ S. 7~'31~ W. FOR A OI~T~ ~ 47.~9 ~ET TO A OF ~JO C~ TO ~ RIGHT, ~ A ~ T~ CI~U~ ~, ~ ~E~Y; ~E ~N ~ 1~.55 ~ AT ~, ~t~ ~ N. e5'45'~ W. F~ A ~ISTN~ ~ 165.43 FE~ TO HMA PROJECT f 83.132 REF. D~VG. JULY 2, 1997 PAGE 4 OF 4 OF MID CURVE TO THE LEF'F, ~N~ A ~IUS OF 108.~ FEET, ~IROUGH A CE~ ~G~ ~F 3~51~, StJB~N~D BY A ~ORD ~ ~1.~ FEET AT A B~RING GF N. 58'43'43' W. FOR A DIST~E OF ~I FE~ TO ~ ENO ~ ~lO CUR~; ~ {ENCE RUN I~. ? 5'~1~ W. F~ A DIST~E OF 44.~ FEET TO THE BEGINNING OF A TANGenTaL CIRCU~ ClJR~, C~ SO~S~Y; ~FNCE RUN OF 130.~ FEE[. ~GU~H A ~NI ~ ~ OF 1 ~'~'1S', SUBTENDED ~Y A CHORD OF 31.~5 FEE ~ AT A 8E~INQ ~ H. ~'11~ W. FOR A DISTANCE CF 3~ .e3 FEET TO FE~; THENCE Rt~N H. ~'1~ [ F~ A OISTAt~E OF 10,(~ FEET TO THE ~_~[~' ~; CO~'AINIt¢,3 ~.037 ACRES, MORE OR SUBJECT TO EA$~M~S. RESERVATIONS ~ RES~CT~ONS OF RECORD, B~INGS SHO~ HEREON REaR TO 1}~ WE~T LINE OF CE SECTION 1:$, ~ O~SHIP 51 SO~, ~N~E ~ ~ST, COLLIER C~, FL~IDA AS BEING N. ~?~'41' E. HO~, MO~ & .~SS~S. INC. CERTIFI~ OF A~OR~I [~ ~1772 JUL 2 9 ~S97 F(~.'n 5 - Flev. ,4.~c~'ney's A~lIc~lvt) L~Jl~lo8 Th~ tr~rume~ ~epart, d b~. Mart( J. Woodward, W~, ~ & [.~n'~rdo, P.A. 80~ L~ur~ Oak Drive, Sure ATTORNEy' S AFFIDAVIT STATE OF FLORIDA COUNq~ OF COLLIER On this 27th day of June, 1997, before me personally appeared Anthony P. Plres, Dr., a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephonw number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566- 3131 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. Tbie Affidavit ts given aa an inducement to the Board of County Commissioners of Collier County, Florida, ae the governing t~dy of Collier County and aa Ex-Officio the Governing Board of the Collier County Water- Sewer District to accept the dedication or conveyance of water and levsr utility facilities located wlth£n or u~ll the real property deicrl~d in the attached Exhibit "A", which il incorporated herein by reference, laid lend b~ing located in Cr~llier County, Florida. 2. The A~fi~r. ha~ e~amined record ~itl~ infol~atton to ~ ~e rmal and p~raona[ property rnf~renced In thi~ affidavit, including but not to, lnfo~atJon r,~que~ted, from the Florida. Secretary of State r~!ativm to Unl form Co~.me~-clal Code finaDclng statement~ from Commonwealth ~nd In~uranc, Co~pany's Policy No. 107-671953 and mndormem~nts ~hich cover public r,cord~ on file up to and including F~b~a~ 3, 1994; Chicago I~urance Company's Policy No. 10 0~78 106 00000009 which covers all p~lic reco~ om ~lle up to and includln~ Jun~ 2~, 1996; and abstracts fro~ Tit!a & ~mtract, !nc., which covers all public rmcord~ oD file up to and including June 24, 1997, at 5:00 From ~uch mxaminat:tQn, I am of thm uplnlon that: ~c~ record title is ve~ad In Gulf ~y i00, Inc., and Parcel Z, Inc., d/b/a 95] Imnd Moldings Joint venture, by inst~antm receded in O.R. B~k page 144, and tn O,.R~ Book 2199, page 14~0, ~b].ic Rmcol~ of Collier County, Florida. Said record title holders h~v, a fee simple title therlto subj,ct, to the follo~ing qualiftcattonl: ~k 1360, ~g,~s 1238-1252, reco~ Septet 24, 1991, In O.R. 1650, at pagel: 160-174. 3. R~d Easement dated ~ce~r 12, 1989, fr~ ~e ~lto~ Co~rat~, ~e Sch~l ~erd of Collier County, receded ~ce~r 29, 1989, in ~k 1495, at ~ages 374-383. Tsm~re~ Access Eame~nt reco~ April 10, 1997, ~ O.R. B~k 2303, page 1792, ~bllc Rmco~s of Collier County, Florida. Da-alopment Mcrtgage a~d Sacurit~ Agreement in favor of TeNon A~ericm Advance and ~o~C,4~.~ ~lflcstlon X9caeasnt r*cord~ tn O.E. ~k P~. ~ o~ 2 [ JUL L .,7 of Rents and Leases recorded in O.R. Book 2247, page 1356; and UCC-I Financing Statement recorded in O.R. Gook 2247, page 1380, all of the Public Records of Collier County, Florida. 6. Polling Plac,~ Agreement between 951 X~Dd Holdings Joint Venture a;~d the Supervisor .of Electieni, recorded in O.R. Book 2169, page 1177, ~ubllc Records oZ Collier County, Florida. 7. Final Judgment validating the Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Case No. 96-3097-CA-01-TB, recorded in O.R. Book 2239, page 1896, ~ublic Records of Collier County, Florida. 8. Avigatlon Esl;smear in favor of Collier County and CollJer County Airport Authority, recorded October 25, 1996, in O.R. Book 2242, page 2]07, Public Records of Collier County, Florida. 9. That certain Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance No:;. 88-48 and 89-34 as issued on May 24, 1988, and June 13, 1989 respect.[rely, Collier County, Florida. 10. That certain Development Order (D.O.) issued by Collier Count}, under Ordinance No. 84-3 on June 12, 1984, recorded Febz-uary 15, 1990, in O.R. Book 1505, pages 1728 through 1782, as amended by Ordinance Nom. 88-117 issued May 24, 1988, recorded in O.R. Book 1505, page 2345, and 89-149 as issued Jur,e 13, 1989, recorded in O.R. Book 1505, page 1795, r~corded in O.R. Book 1514, at pages 746-760, Collier County, Florida. i1. Potable %~at.er Easement dated November 9, 1969, from The [~ltona Corporation. to City National Bank of Florida, am Trustee, recorded November 16, 1989, In O.R. Book 14S4, at pages 1697-1711. Not covered in thl~ Title Opinion are: rightu of paroles under unrecorded purchase agraement~ or lea~es, if any; and facts that might be disclosed by an accurate survey or personal inspection of the property. A copy of each of the above-referenced instruments is attached hereto and by reference made a part hereof. Affiant Iurthor s;'~ates that the information contain~d in this Affidavit true, correct and current as of the dat, thl,A~fidavi~.~ STATE OF ~R~DA ~nF:P/ Pire~, Jr. ~U~Y OF COLLIE~: Sworn to (or affixed) and ~e~~--t'~is ~7th day cf June, 1997, by ~;THONY P. PIRES, JR. ~onally ~o~ ~' --' OR produced identification. 9~pe of id~ntificat~K~~ ~ . Print ~amm~ - SL) Page 2 of 2 JUL 2 g 13.q7 HMA PROJECT # g3.132 HOLE. ~do~rEs /. tS~OCI,~S. ~ REF. O~. ~7 PAGE 1 OF 4 LEGAL DESCF:IPTION A PARCEL OF f~ND L~TEP IN 8EC~ONS 26 E~ST. COLLIER C~N~, FLORID~ AND A ~R~ON ~ T~R~E~ BL~. OF k~CO SHC~R;[5 IJt.ilT 30 O~ C~S~, ACC~ ~O ~E ~T ~ER~OF, RECCRD~D iN P~T B~ 17 AT PAGES 9~ ~'~H IO~, OF THE PUBLIC RECORDS OF CO~IS.R C~J~, FLORIDA, ~E;NG FOLL.O~: COMMENCE A'.' THE SO~'E$~ COP~ S~CTION 15, 'ro~$H~F' 51 ~, ~GE CF ~AID 8ECTI~ 15, FOR A D~ST~CE L~NE OF ~E S~'~ ~ ~ ~ 3HE ~T ~ ~ ~O SEC~H 15; ]~E NOR.~I~iT QUOTER ~ ~D SEC~ 15, F~A OIST~E OF 145.~ FE~; FOR A D[~T~'C E ~ 57.19 FEET TO ~GI.E OF 14'~Fl~', 8US~N~D BY A CltO~ G. e.2'~ 1~' E.. F'CR A DIe.CE ~ RUN S, 75'~'I7" E. FOR A ~15~ ~ ~.~ ~ TO ~ ~GI~ING OF OF ~7.~ FE~ Al' A D~R~ ~ a. ~'43'45' ~ F~ A D:STA~E ~ 67.95 ~-T TO A D~a~t~ ~ S, ~'4~ ~. FOR A ~ R~I ~R~LY ~ ~~ OY A ~ ~ et.~ F~ AT A ~1~ ~ ~ 75~1~ L F~ A F~; '~E~ RUN S. ~' ~ ~E~ RUN 5~~Y I'L~ ~ ~C ~ ~ ~ TO ~E ~, ~STA~ ~ ~33.~ ~ TO ~ CIR~ C~, ~ ~I~Y; ~E ~ ~~Y HMA PROJECT · REF. DWG. JULY 2, PAGE ALONG THE ARC OF SAID CUR~ TO ~E ~, ~,~ A R~IUS OF 10~.~ FE~, ~R~GH A C;~NT~ ~NG~ OF 13'51~, 8UB~D~ BYA CH~D ~ 253.35 AT A B~RtHG OF S. ~'O9~B' E., FOR A DI~ ~ 253.~7 FE~ TO ~ E~ ~ ~ID C'JR'~; ;HENCE RUN S, 57'05'13' ~ F~ A DIST~ O~ 2a,73 ~ TO A SHO~ES UNIT ~ G~ C~IRS~ A~DI~ TO ~ ~T ~, P~T D~( 17 AT PAGES ~8 ~R~H I~~ ~ ~ ~S ~ C~ER C~', FLOF'.ID~ ~ENCE C~UE ~ ~ PJ~-WAY UNE5 ~ ~ID ~CO SHORES UNIT 30 G~ CO~ FO~ ~ F~,qNG 7 1. ~E~CE C~;~'i~E S. 57'05'13' ~ FOR A D~T~CE ~ ~.4~ ~ET TO ~ DISTANCE OF N~ .~2 FEET TO ~ E~ ~ ~ ~ ~. ~Et~CE RLN S. 44'S~ ~ F~ A DI~'~E ~ ~51.gI FE~ 'to T~ 4. THENCE RUN SOUTHERLY ~C~ ~ ~C ~ ~lO ~ TO ~ ~Gtff, F~ HAOiUS OF ~.~ FEET. T~C~t A ~ ~ ~ ~, ~O CHORD OF 't0.7~ FEET AT A B~I~ ~ S. ~ W., F~ A DIST~ ~ 5. ~t~E RU~ S. 45'07~ W. F~t A ~ ~ 14~01 ~T TO ~ OF A TANG['~L CIRC~ ~ ~ 8~ ~ A CHORD ~ ~74 ~ AT ~R~ ~ 8, ~4' W. F~ 7. ~E R~ S, ~1 ~1'4~ W. F~ A ~ ~ 24~.18 ~; ~h~S~I.Y; ~ R~ ~'t ~y ~ ~ ~y ~-. F~ A Di~[ ~ ~.13 FE~ TO ~ ~ ~ ~ ~ ~ ~ ~. g.Y..cXg JUL ~ 9 1597 I-,I'IVIA PRO,~CT · 03.13,2 REt'. DV',~G. B.-29g? PAGE 3 ~ 4 ~ARRIO~ CLUI] DRI~,~. RUN S. 39'4~'43' W. FOR A DISTanCE OF I0.~ FEET; ~NCE RUN N. 50'13'1T' W. FOR A DIS'r~CE OF ~.51 FEET TO ~E 8EGINNI~ ~ A NOHTt~STE~LY, ~ONG ~r~ ARC OF 5~ CL~ TO ~ L~, f~4G A ~1~ OF 39~0.00 FE~'F, THROUGlt A CEHF~ OF ~01.02 FE~ A'r A D~;N~ ~ N. ~'3['(5' W., FOR A DI~[~c~ ~ ~1 f,l FE~ TO ~3 END OF ~'D CUR~'. THENCE R~4 N, ~'~'1~ W. F~ A ~$T~E ~ 1052.53 FEET; ~d[NCE RUN N. ~EGIt~).I~NG OF A SIJS~DED EY A CHORD OF ~5.19 FE~ AT A B~ ~ ~i. ~4' ~, F~ A DISTANCE ~ ~6.47 FOR A DISTANCt[ OF 142.01 P~.ET TO ~ ~GI~ ~ A T~E~ CI~ CUR~ TO THE [.F~, FOR ~ DIST~CE[ OF ~.~3 ~J.ONG THE ~RC t~VING A ~;US OF 1~.~ FF~T, I~H A ~ ~S~ OF 13'51~. 5~[~D BY A FOR A D~ST~;E C~ C~VE ~~Y; N. 8g'133~ W. ~)R T~E~ ClRC~ OF ~.~ F~, TltR~H A ~ 47.32 FE~ AT A B~R~ ~ S. 75~1~ W. ~ A ~ ~ 47~ ~T TO A CE~ ~E JULZS 1S97 ~ HMA PROJECT # g3.132 REF. DWG. JULY 2. 1~'97 PAGE 4 ~ 4 OF ~D CUR~ TO T~ ~, ~ A ~ ~ 1~.~ F~, ~H A C~NT~ ~NG~ O~ ~'51~, ~B~ BYA ~ ~ 81.~ FE~AT A OF N. 58'43'~3' W. FOR A ~.~ ~ e2~1 ~ TO ~ ~ ~ ~ C~ TH~HCE R~N N. 75"~1~ W. F~ k DIST~E ~ 44.~ F~T TO ~E flEGI:~:~ ~ A OF ~I.S5 FEET AT A DEA~NG OF N. ~'11~ W. F~A ~ST~ ~ 31.g3 ~ TO ~E ~D OF SAID ~R~; ~ R~ N. a~'13~' W. F~ A D{ST~ ~ 57.11 FSE~; ~ENCE RLN H, ~'1~ ~ FOR A ~8T~ OF 10,~ FE~ TO ~ ~ ~; C~'AINI~ 2.~7 ACRES, M~E ~ ~. SU~ECT TO [kSEMENTS. RESE~VA~ONS ~ R~S~IC~ ~ REC~. B~;NGS SHOal HE~ON R~R TO ~ ~ST UNE ~ ~E N~ST OF ~ECTI~ 15. TO~IP 51 SO~, ~E ~ ~T. ~ C~Y, F~.~IDA ~ BEING N. ~'1~41' ~ ..... THO~,~,S ~U~ ' ~ STA~ OF ~ORIDA JUL Z 9 1SS? · Wo,'xJv~d, Pi~ & L~(~ p~ ~o~ ~ - Rev. 4/2e/'~ raciliti~s S~rdination Cons~t ~d Joindmr) Utilitie~ Acceptance ~c ~320 ~IS SU~O~INA~ION, CONS~ ~D JOKER glv.n ~is 1997, by TO~ ~I~ INC., a New York co~oration, (hereinafter refe~c.d to a~ "Mo~gagee"), in favor of ~a ~ OF CO~y CO~SSIO~ OF COLLI~ C~, F~RI~, AE ~ ~ING ~DY OF ~D~ ~D AS EX-OFFICIO T~ OO~ING ~ OF T~ ~ER ~ S~R DIST~, it~ ~uccessor~ and a~signz (hereinafter refe red to as "CountyW) . Mo~gagee lm used am ~ln~lar and plural, as ~he W I T N E S S E T H : reco~ed In 0 R r-c-= .... ~ ~ge ~316; Assi~ent of Rants . . · · ~u~ zz~/, ~gm 1356; and UCC-.1 - In O.A. Book 2247 p~t~e 1380 _~ ........ Fina,.c~ng 5tat~e~% rmco~ad legallv de~crib-~ *. .... · ...... g~g~ ). er~ber~ ~e ~, Co~ty }la~ re.les:md and rzceiv~ from ~ and vaa.~bl, consideration, ~. racelDt of ~i~ .~ b~by ic~%~dg~, ubllity fac].litiea lo~t~ ~J~ or af ~u~inated to ~e ~s~ent de~ .... ' . fixed ~r~to. ~ce~ u ~ -z ~y ucxl~ facil ...... ~S ~OY, ~ ~age. hal ca~e~ ~e~e r in the presence Of: TO~ AMERICA IWC.. a N~ York coz"~Oration $1qned, sealed and delivered ~'TATE OF NEW YORK COUNTY OF ~FCW YOP. K The for~going ln~t~nt ~s ac~owledg~d ~for~ a~ ~l~ day o~ (title) of '~ ~ INC., a N.w York ~ra=lon, on b~alf of ~ co~ration. H~/She ia personally ~ to ~ ~ did not take ~n oa~. HMA PROJECT # 93.132 R£F. DWG. B-20~7 LEGAL D~SCRIPTIOt4 A P~EL ~ ~ST. C~LIER C~N~(, FLORI~, AND A PORTION OF T~R~ME~ BL~. OF ~CO SHORES UNIT 30 GO~ C~RSE. ACCORDING TO ~E P~T THEREOF. RECORDED tt~ P~,T B~ 17 AT PAGES 95 ~R~H 103. ~ ~E ~8L:C RECORDS OF C~LIER C~H~. ~ORIOA, ~EING M~E P~ TIC~LY DESCRIBED AS COMMENCE AT ~ ~[D ~ECI~Otl 15, F(~ A D~ST~ ~ 1393~ ~[T TO A ~ (~ T~ t~lH ~ t~R~ST OLJ~R ~ ~ ~CT~ 15, F~ A De~A/~E ~ 145.59 ~ET; ~j~4i~ CL~'~ TO ~E R~, ~t~ A f~IUS ~ 140.~ FEET. ~H A CEN~ S. 82'11~' ~., OF 57.02 ~ Al' A BE~.;~ ~ S. ~'4='43' ~ F~ A ~T~E ~ 07.95 FE~ TO A ~ =AJD CL~ TO T~ LEFT, ~ A ~DR~ ~ 1~.~ ~ T~ A B~;NG CF ~GIN~ Cf A T~ ~ ~ C~ ~~LY; N~S'rl[~Y ~ ~.58 FEET AT A B~ ~ N. 75~1'~ ~, F~ A ~ ~ ~1 ~ TO ~GINN~ (~ t~ T~ CI~ ~ ~ ~~Y; ~ ~UB~D BY A ~ ~ 421.~ FEET AT A ~ ~ 8. ~'4~13' E.. FOR A ~sT~E S. 43'13'43' ~ FOR A OI~T~E ~ 242.10 ~ TO ~ ~O~ ~ A T~E~ .o.I~.C¢)01_ JUL ;~ HM~ PROJECT # 93,132 REF. DV;~. m2D~7 JL,9.Y 2. 1 ~7 PAGE 2 OF 4 ALONG ~E ARC OF ~10 C~ TO '~ ~. ~ A ~{~ ~ 10~,~ FEET. T~R~H A C~L ~ ~ I~'51~. ~D BYA ~O ~ 253.35 ~O Ct~:; T~ R~ 8.5~13' [ F~ A ~ST~E ~ 2S.73 FE~ TO A ~ ~T ~K 37 kT PAGES ~ ~ 1~,.~ ~ ~ ~C~ ~ C~ ~Y, ~ ~ ~ ~ T~ ~Q~-WAY ~$ ~ 7. ~ I~i ~ 3~1'~ W. ~ A ~ ~ ~ ~i: TOT~ ~~AT~~~~ JUL 2 S 1S~7 HM,~ PROJECT # g3.1~2 REF. DWG. JULY 2, 1997 PAGE 3 ~ 4 ~O~ CLUB ~ R~ S. 3~'4~43' W. F~ A DI:T~E OF I0.~ ~; R~ N. ~' 13'17' W.. FOR A DI~T~ ~ ~.~1 F~T TO ~ ~G~I~ ~ A N~STE~Y. ~ ~ ~ ~ ~10 ~ TO ~ ~. ~ A ~ TO ~ I.~T. ~A ~~ ~. F~ A DIST~ OF 24ZI7 F~T TO ~ ~ ~ A T~ C~C~ ~C ~ ~D ~E TO ~ ~. ~ A ~ ~ ~.~ ~. ~H A C~; ~ ~ N. ~' W. ~ A ~ ~ 11~.~ ~; ~ ~ N. ~1~' W. F~ A ~ ~ ~57.1~ ~ ~ ~ ~ ~A ~ 47.~2 F~ AT A ~ ~ S. 75~1~ W, F~ A ~ ~ 47.Bg F~ TO A ~ S. 75~1~ W. F~ A DIST~E ~ a7.57 P~T TO ~ ~ ~ ~IO CL~; T~E~ CI~ ~ C~ ~~ ~ ~ ~ 1~.85 ~ AT A ~1~ ~ N. e5'4~ W. ~ A ~ ~ 1B5.43 ~ TO I ,,o. '/~,[¢) (i,L HMA PROJECT # 93.132 REF, DWG. JULY 2. lg97 PAGE 4 OF 4 OF ~AIO CUR~ TO THE LEFt, HAVING A ~IUS OF 10~.~ FEET. ~ROUGH A CENT~I. ANGLE OF 32'51~, SUBTENDED BY A CHORD ~ ~I.~ FEET AT A B~RING OF N. ~'43'43' ',% FO~ A OIST~N~E ~ 62.21 FE~ TO T~ END ~ ~lg CUR~; TI IENCE RtJN N '15'~1~ W. FCR A ~IST~CE OF 44.~O FEET TO THE EEGINHIHG OF A T~GE~L C! RCUt.,~ Cg~, CON¢~ S~8~LY; TH[NCR OF 130.~ FEET, '~R~JGH A CE~ ~ ~ ~4'~'I~, ~NOED ~Y A CHORD OF 3~.85 FEET/~T A B~ING ~ N. 82'11~ W. F~ A D~ST'~E ~ ~i.¢3 FEET TO ~ EN~3 DE $A~O CUR~ ~E R~ N. ~13'~' W. E~ A DIST,.NC[ OF 57.11 F~ET; THENC. E ~tJN N. ~'19~ 6. FOR A OIST.~ ~ ~0,CO F~ET TO THE ~HH{~; CONTAINING 2.037 ACRff;S, M~ OR SU~v~CT TO E~,SEME~$, RESERVATIONS ~ ~S~IC~ON$ ~ BE~:NGS $1+3~ ~ ;~EREON REF~ TO ~ ~,S1 U~ ~ ~E I.~ ;~ST QL'ARTE~. OF SECTI~ 15. T~SHIP 51 S~, ~E ~ ~T. C~IER CC~, FLORIDA AS BEING N. O3'1~41' E. JUL29 1S97 ~ I UL Z 9 1997 pW~TITION FORM FOR VACA~.QN OF R_~A_D RI:3HT$_LOF-WAY$ A~ND Abb UTILITY EASEMENTS. k~ ~A~_~OCATED W3_THIN .ROAD RIQHTS-OF-WAYS Date Received: Petitioner: 951 Land Holdings Joint Venture Address: 4001 Tamiami Trail North, ~350 City/State: Naples Florida Petition ~:AV- Telephone: (941)434-2030 Zip Code: 34103 Agent: Young, van Assenderp & Varnadoe, P.A. Address: 801 Laurel Oak Dr., Suite 300 Telephone: (941)597-2814 City/State: Naples Florida Zip Code: 34108 Road Names: That portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District pump station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive). Location~ Section 14 & 15 Township 51S Range 26E Legal Description: Marco Shores Unit 30 Golf Course. A subdivision of Sections 14 & 15, Township 51S, Range 26E, Collier County, Florida· Plat 13001:1557 Page (s) 2335-2340 Reason for Request: Please refer to Statement of General Public Benefit, attached as Petition Exhibit 2b. Current Zc.ning: PUD Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: Yes No Please refer to attached copy of Joint Consent & Appointment of Agent, the original of which is on file at Collier County Community Development offices. Signature of Agent: YounG, van Assenderp & Varnadoe, P.A. __~ ~ 9% ,~,&Jl'J~:~_/_~'~'~'L.'"--~__. _ Date: July 3, 1997 Bruce ~derscn Please see "Policy and Procedure of Vacation and ~nulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 34112 Telephone: (941) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entiLy, indicate the name of principals. PETITION FORM FOR_VACATION OF gOAD RIGHTS-OF-WAYS Date Received: Petitioner: 951 Land Holdings Joint Venture Address: 4001 Tamiami Trail North, #350 City/State: Naples Florida Petition #:AV- Telephone: (941)434-2030 Zip Code: 34103 Agent: Young, van Assenderp & Varnadoe, P.A. Address: 801 Laurel Oak Dr., Suite 300 Telephone: (941)597-2814 City/State: Naple3 Florida Zip Code: 34108 Road Name: Unnamed 60 foot Roadway Easement Location: Section 14 & 15 Township 51S Range 26E Legal Description: ]?lease refer to attached 60 foot Roadway Easement Reason for Request: To be consistent with Fiddler's Creek PUD which provides for privar, e roadways or roadways owned and maintained by the Fiddler's Creek Community Development District and ko formally vacate a 60 foet ~©adwsy Easement which according to its own term~ has been terminated. Current Zoning: PUD Does this affect density? No i Hereby Authorize A~ent ~ove to Represent Me for this Petition: X Yes No Please refer to attached copy of Joint Consent & Appointment of Agent, the eriginal of which is on file at Collier County Community Development e~ rices. Signature o~Agent: Yqung, van Assenderp & Varnadoe, P.A. By: ~.L~__~'~.~J+'~,~t~'~'~ Date: July 3, 1997 R. ~ruce Mderson Please see "Policy and Procedure of Vacation and ;~nulment" for the list of supportive materials which mu~t accompany this petition, and deliver or ~il to: Transportation Se~ices Collier County ~ve~ment Complex Naples, FL 34112 Telephone: (941) 774-8494 *(1) If applicant is a land t~st, indicate the name of beneficiaries. (2) If applicant is a co~oration other than a public co~oration, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other o~ners. '(r JC~I~TT CONSENT A}~ APPOIkPi""R]~T OF AGENT This Joint,CoD~ent and Appointment of Agent is made this _~_ day of _ ~~' , 1996 by GB 100, Inc., a Florida corporation and Parcel Z, Inc.. a Florida corpcration (hereinafter referred, to as the "Partners" or "~wners"). W I TNE S S E TH WHEREAS, the Partners have Joined together as principals and partners to form 951 Land Holdings Joint Venture, a Florida general partner~hip, which has a mailing address of 4001 Tamiami Trail Norah, Suite 350, Naples, Florida 34103; and WHERFD%S, tke Partners o~ approximately 1389 acres of land located in Collier County, Florida, consisting of several parcels more particularly described in Exhibit "A", attached hereto, which land has been approved as the Fiddler's Creek Development of Regional Impact {"DRI"); and WHEREAS, the: Partners have contracted to purchase the property described tn Exhibit "B" hereto and seek to rezone that property to PUD as part of the Fiddler's Creek project; and ~7{EREAS, 5h¢~ Partners intend to car~y out development on the property described in Exhibit ~A" and "B" (hereinafter "Subject Property") which will require changes, amendments, or additions to the Fiddler's Cre.ek PUD and DRI Development Order 84-3, as amended, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the state of Florida, the U.S. Array Corps of Engineers, and agencies of local government; and WIIE~, the Partner/Owners co~rising the 951 Land Holdings Joint Venture general partnership ]lave decided to appoin~ an agent to represent them in preparing application~ for, and obtaining, any and all. governme~tal approvals necessa~--y to develop the Subject Property in the manner intended by the Partners, and to authorize said agent to act on their behalf with full authority, to obtain such approvals, including rezoning of the property described in Exhibit "B", and amendments to the PUD and the DRI Development Orders previously' issued by Collier County for the Subject Property. NOW TIIEREFORE, the Partners/Owners, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, jointly consent to the following: A~POI1TTMENT OF A~ENTS 1. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadc.e, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agent/represen~ative of both the Partners/Owners and of 951 Land Holdings Joint Venture, with full authority to act on their behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Partners' plan of developme~--fcrl-.tlT~7--~ 2. George L. Varnadoe and the law firm of ~u~,~n ~"~a~ Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Partners/Owners and 951 Land Holdings Joint Venture with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PL~ zoning or rezoning on the Subject Property. These agencies or entities ~y include, but shall not be limited to, the following: a. The Collier County Board of County Commi~msioners and all departments, divisions and sub-units of Colli. er County. b. The Southwest Florida Regional. Planning Council. c. The Florida Dep~rtments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Game and Fresh Water Fish Commission. e. The Florida Secretary of State and all other Cabinet level offices and agencies. f. The Florida Land and Water Adjudicatory Commission. g. The South Florida Water Management District. h. The U.S. Army Corps of Engineers. AS EVIDENCE OF THEIR JOIi~ CONSENT TO AND APPOINT~4ENT OF '~HE AGF24q' named above, the Partners/Owners in their individual capacities and as the principals of 951 Land Holdings Joint Venture have signed below. p AR'£N~E R,/O%~N E R: a Florida/ // /' ~ CORPO~TE"SE~ ~i~~ ........ ~napure Printed Name PART~rER/OWNER: P~RCEL Z, INC. , F 1 o~,~orpor a t ion CORPORATE SF~L) Printed Name Signature Printed Name{ ....... - Exhibi~ "A" Page 1 of 7. JUL 2 9 '~7 ~ Page 2 of 7 ,:. J U L 2 9 ..% Page 3 of 7 JUL ~ ~ 1S97 . ~ · ~ e( Cost I ~ ~ ~ JUL 2 g 1597 Page 6 of 7 CD~M]~CII~G AT THE SOU~4 QUARTER CORNER OF SECTION 15, (~N~E MO~ ~&~IP 5~ SO~{, ~GE 26 ~T, ~I~ ~, ~IDA R~ N 88~56'S5 1465.24 ~; ~~ N 02~2~'06· E FOR 694.66 FE~ ~N~ ~ ~R ~-OF-WAY LI~ OF ~?A~ RO~ 951; ~ S 88"58'47" E ~R 1439.23 ~ 00~20'25" ~ ~)R 695.29 FE~ ~ ~ SO~{ QU~'R C~, ~S OF RO~ RIG~.-OF-WAY .~ SHOWN' IN O.R. B~K 001166, PAGE 0010~ RE~S OF COLLi~ ~~, ~DA. ?~. 7 of 7 JUL29 1997 ~ ,.~._¢1 ~ EXHIBIT DESCRIPTION ALL OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U.S HIGHWAy 41, COLLIER COUNTY FLORIDA. ' , J U L 2 t EXHIBIT STATF24ENT OF GEITERAL PUBLIC BENEFIT RESULTING FRO~! THE VACATION The road ri,3ht-of-way (including all utility easements, if any, located with the road right-of-way), which the Petitioner prognoses that the County vacate, currently provides little benefit to County residents. The right-of-way to be vacated is ea;.~t of the entry to the Collier County Water-Sewer District master pump static, n. That portion of Championship Drive west of an([ including the entry to the pump station to the intersection of Ckampionship Drive and State Road 951 is not to be vacated. The westerly port ion of Championship Drive which will not be vacated will continue to provide the convenient existing access to the Pelican Lakes Recreational Vehicle Park property curren[ly under construction, the owner of which has refused to sign a ].et~'_er of no objection, and from whom such a letter is unnecessary because the existing improved access is unaffected by thi:~ Pe~.it ion. The remaining roadways to be vacated lead directly to the Marriott's semi -private golf course with no connection to any other roads. The owner of the Marriott Golf Course property has no objection to the vacation, and retains unimpeded access over the relocated and w~cated right-of-way. As a result of the vacation, a portion of Championship Drive immediately east of the County Water-Sewer District master pump station will be relocated to the south of its present location as sho~% in the attached graphic entitl.~d, "Championship Drive Relocation and Proposed Improvements.- JUl 2 S ig97 The plat for Marco Shores Unit 30 Golf Course states in the Dedication paragr~phs of the Plat: "... hereby dedicate the streets and rights--of-way as shown; and do grant the easements, as shown and noted in the general notes, to the entities described herein, all in accordance with and subject to the general notes contained ~ { ~ ,,ere_] .... a ~%on-exclusive utility easement (U.E.) as indicated on the plat for the pu~ose of constI~ction, installation, r~,aintenance and operation of electric, telephone and cable television facilities and se~ice. ~' The General Notes paragraphs on th~% P].at, number 9, states: "U.E. indicates utility easemer:ts located within the dedicated rights-of-way." However, no "U.E." notations appear on the Plat. These attempted utility easement dedications do not comply with the retirements of Section 177..091 (16) , Florida Statutes, that "~cation and width of easements shall be shown on the Plat or in the notes or legend, and their intended use shall be clearly stated." As a matter of general public benefit, Petitioner proposes to el].minate any doubt or confusion as to whether any such utility easements exist by vacating the rights--of-way and all utility easements, if any, that exist within the riq~hts-of-way, and to issue new utility easements by separate instr'.~ments for electric, telephone and cable television providers. A new utility easement is also being provided to the Collier County Water-Sewer District. All replacement easements, which include ~e relocated portion of Championship Drive, are included in Petition E~ibit 2k. The Petitioner will bear the cost of relocating ~e County's water line along the relocated potion of Championship Drive, and J JUL required County acceptance procedures construction of the relocated water line. Section ll~3d of Ordinance ~o. 96-74 Planned Unit Development Ordinance) states: upon completion of (the Fiddler's Creek "It is intended that the~ major road system within Fiddler's Creek will be developed and maintained by the Fiddler:s Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road." Vacation of the platted roadway is consistent with~ an,~ necessary to effectuate the Fiddler's Creek PUD Ordinance which has already determined that placing this roadway in the o~a~ership of the Fiddler' s Creek Community Development District and/or the property owner is of general public benefit. JUL 2 9 1597 EXHIBfT 2b ST;LTEMENT OF GENERAL PUBLIC BENEFIT RESULTING FROM THE VACATIQ~ The sixty (60) foot roadway easement sought to be vacated has ne.vet been improved and was intended only as a temporary measure, as set forth in paragraph 3 of the easement document entitled, "Termination of Easement." On the attached qraphic entitled, "Championship Driw~ Relocation and Proposed Improvements,. this sixty ~60) foot diagonal easement is shown. This easement sought to be vacated was granted in August of 1990. Subsequent to the qrant of this easement, Marco Shores Unit 30 Golf Course was formally platted ar, d approved in November 1990. The approval of ~arco Shores Unit 30 Golf Course Plat provides the "alternate roadway easement and/or right-of-way which provides similar pedestrian and vehicular ingress and egress to SR 951 as that provided in the sixty (60) Roadway Easement," thereby triggering the "Termination of Easement Clause" referenced earlier. .,~. 3/-~' .... / JUl. 29 1Sg7 ~ ~ ~ ~':] ' t 'irt ,., ~ .... - , · . { ~ ' li,{" l.'l?l t lll-it.l~lli{' ,::,;:;~:: I , ,:{, , ( , ,'.' .ti" !, ]! i ~:: :~'' :' .1, ,; 114 .I,,t,~, 1! ] Ii,IJ~li ":~_~" :' ~ ! ~! i L.IUL '~ .9 1BBZ C) , Cb - ._I_ I. LLI U,_I -T-- II J U L 2 ~ 1997 ;1; !i ( ? COI.I.IER COUNTY PUBI.!(~ WORKS DIVI$1QN April 14, 1997 Ivh'. Russel M. Lazega Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Marco Island, FL 3,4,146 330l E. TAMIAMI TRA.[L NAPLES, FL 34112 (9,t I) 732-2575 FAX (94l) 732-2526 A CERTIFIED BLLIE CHIP COMMUNIFY Petition to Vacate the Streets in Fiddler's Creek Subdivision, Marco Shores, IJ~fit 30 Golf Course, with the exception of the public right-of-way we.q of the Collier County Master Pump Station; Dear Mr. Lazega: Thais office has reviewed your request to vacate the streets in Fiddler's Creek Subdi~sion, Ma'co Shores, Unit 30 Golf Com'se, with the excc'ption of the public .fight-of-way west of fl'~e Collier County Master Pump Station (from S.R. 951 Iv the existing Collier County Mast~ Pump Station). The Collier County Water-Sewer DisU/ct has existing wa{er facilities within the public tight--of-way of Fiddler's Creek S~bdivision, Marco Shores..,, Unit 30 Golf Course. In order to satisfy_the Collier County Water. Sewer District, we reqtfire: 1) that all platted right-of ways be dedicated as Collier County Utility Easement (CUE), accepted b the Board of County Conunissioners, and recorded in the Collier County Public Records, and 2) that our water personnel have unconditional accera for .service and maintenance of our existing water facilities within Fiddler's Creek Subdivision, Marco Shores, Unit 30 Goli Course, and 3) that landscape plantings oftrees and shrubs not be planted a4thin 7V: feet of the water facilities, a.qd 4) that an agreement be established, stating that in the event ofdamages to the water facilities, the homeowners or homeowncgs association shall be r~lely responsible for .~aid darnagea. Should you have any further que~tiom% please feel free to contact me. Sincerely, Cindy M. Erb, Public Work~ Senior Engineering Technician Edward N. Finn, Put:,lic Works Operations Director Michael Newman, Water Director Russ Muller, Transportation Service~ ..i U L z ~ COLLIER COUNTY PU13LIC WOKK$ DIVISION April 14, 1997 Mr. Russel M. Lazega Woodward, Pires & Lombardo, P.A. 606 B.~Id Eagle Drive, Sui'te .500 Marco Island, FL 34146 Re: Petition to Vacate tl',e Eascmer. t in Fiddler's Cr~ek Subdivision, Marc~ Shores, U~'dr ?,P~ GotCCov,~e; De;Lc Mr. Lazega: This o~ce has reviewed your request to vacate the ~bove referenced easement. The. Collier County Wa!er-Sewer Disu'ict has no facilities in the area and we, therefore, have no objection to the vacalion oFthe casement. Shcu!d you have an3' further qaesfions, please feel free to contact me. ~ Sincerely, Cindy M. Erb Public Works Senior Engin,sering T~ mician cc: Edward N. Finn, Public Works Operations Director Michael N,:wman, Water Dirt~tor Russ Muller, Transportation Service~ 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX (941) ', 32-2526 C£1L'TrFIED ~LU£ C..~II]~ COMMUNITY JUL2S 1~7 ~) CO LLI EIR COUNVI"Y GOVERNMENT JUN 3 O 1997 COMMUNITY DEVELOPMEt~' SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES. FL 33942 (941) 643-8400 ,\ CERTIFIED BLUE CHIP COM M L'NITY PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION June 26, 1997 Mr. R. Bruce Anderson Youag, Van Assenderp & Vamadoe, P.A. Attorneys at [,aw Suntrust Building $0i :Laurel Oak Drive, Suite 300 P.O. Box 7907 Naples, Florida 3410]-7907 RE: Pe~'i:ion to Vacate Streets in Fiddler's Creek Subdivision Dear Mr..anderson: This is in response to your Juae 19, 1997 letter requesling a letter of no objection to the vacation ora 60 foot right-of-way grar,.ted by' a ;witten instrument (copy atlached) and !00 foot planed righl-of-way known as Maniot Club Drive, Tournament Boulevard and Championship Drive ~ identified in the attached sketch. We have reviewed this request and Collier County Engine,",ng Revic;v Services has no objection. If you should have any questions, please advise. Sincerely, Thomas E. Kuck, P.E. Engineering Review Sen'ices Manager TY-dpd~: K~ (p~u(m ~o v~.~ Fi,Jd'm,'$ Crccg) b-lb-q? Jo;m R. ttouldsworth, Senior ~gineer (w/attach.) Russell Muller, Engineer I (w/attach.) Sean Abernathy (w/attach.) Fiddlers Creek File (w/attach.) JUL 29 lsd9? ! I COLLIEI~ COUi~,~Y GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 33942 (941) 643-8400 · '\ CERTIFIED BLUE CHIP COMMUNITY Apn[l 28, 1997 PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION Mr. Rus/cl M. Lazega Wood,,,ard, Pires and Lombm'do, P.A. 606 Bald E~gte Drive, Suite 500 Mk'a-co Island, Florida 34146 RE: Vacation of Marriott/Championship Drive Deax ?,'ir. Lazega: Please be advised uhat this office has no objection to the vacation of the above referenced street right-of-way from that alignment and location lying south of and exclusive of an east/west road easement along the southsid:, of the Pelican Lake RV development all the way east to the north,'soulh portion of Fiddlers C. reek. Following our contErence meeting of April 25, 1997 we understand that Marriott/Championship Drive will be relocated to a more northerly location paralleling said roadway easement, however, the existing paved roadway now within said easement will remain intact. Q~.S/!ce~ ly, Chief Planner RN/pd./f:Ron/Vacation of Man'ion (4-28-97) cc: Russell Muller, Engineer I, Transportation Department JUl 2 9 IS37 March ~[ , 1997 From: Collier County Stormwater Management attn: John Boldt 3301 E. Tamiami Trail Building H, 3rd Floor Naples, FL 34112 To: Russel M. Lazega Woodward, Pires, & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Post Office Box One Marco .Island, Florida 34146 Dear Mr. Lazega: In response to your letter' dated March 19, 1997, Collier County Stcrmwater Management has no objection to your' petition to vacate the right-of-ways and easements as shown on your letter and a~tachment. Sincerely, John Bo .~ J U I. Z 9 B97 COLLIER COUNTY GOVERNMENT P_~._Pakl C WORKS DIVISION 3301 E. TAMIA~MI TRAIL March 28, 1997 Woodward, Pires & Lornbardo, P.A. Attn: Russell M. L~ega, Esquire P.O. Box One Marco ls],'md, FL 34i46 NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A CERTIFII:.D BLUE C}tI? C¢).XI~IUNt'I~' Dear Mr. Lazega: Ir: response to your lerter dated March 6, 1997, the Collier County Storrn~vater M~agement Depanmenl has no objection to your petition to vacate the right-of-way and easements ms show'n, on your letter and attachment provided our maintenance crews can retain un.m~stricted accez;s fltrough the Fiddlers Creek Development to reach those drainage easements arotmd or through the development that are maintained by ~e County's Aquatic Plant Control Section. Sincerely, H. Boldt, P.E., P.S.M. Stormwater Management Director JHB/mts Doc: JHB-053 JUl. kS 1587 i~F:~L Jun.a 24, 1997 Mr. R.Bruce Anderson Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Dr. Suite 300 Naples, F1 34101 Florida Power & Light Company.410~ 15(h Avenue S. W.. N,ples. FL ~ .I u N - '~ ~9~7 RE: Fiddler's Creek Right-of-Way Easement and Platted Right-of- Way V~.cation [~etitior~s Dear Mr. Anderson,: Basted on your commitment that a:%y relocation of FPL facilities bro,~ght about by the relocation of the right-of-way will be paid for by yo~Jr client, i?FI. has no objection to the relocation of said platted right-o£-way and the vacation of the easement. "non objection" is subject to the creation of a replacement eas(;ment prior to th~~. vacation of any existing easement. If },ou have ar~y furtl;er questions or requests in this matter, please contact me at our (;olden Gate office (941-353-6040). Sincerely, G. J.Gratton Construction Services Designer-FPL ,,n FPI. Group company 19,97 1997 June 27, 1997 Mr. R. Bruce Anderson 'Young, van Assenderp & Varadoe Attorneys at Law Post Office Box 7907 Naples, Florida 34101-7907 tLE: Fiddler's Creek Rigkt-of*Way Easement and Planed Right-of-Way Vacation Petition Dear Mr. Arx't.-'rson: Sprint-Flerida. It~co .rpor,~tcd, consents to the relocatioo of thc platted right-of- ~ray a~ vacation of the easem:nt in the Fiddler's Creek development conditioned on tl~ following: ~_ 1. Any teasothable cost for the relocation of Sprint-Florida's existing facilities will be paid for by your client. 2. Creation of a replacement easement prior to the vacation of any existing etsement. 3. TN: replacement of the existing casement and vacation of the right-of-way be coordinated so existing tmstomers served by facilities in tl~ existing casement will x}at lose tclcpthonc ~rvice ~gom Sprint-Florida a. rd Sprint-Florida will not incur additional expense to keep those customers in se~ice. If you have any question on this matter, please call me, or Sprint*Florida's l~roject Engineer, Job_n Emlres, at (941) 263-6320. Sincerely, Alan N. ANB:tbm 3UL 2 9 1397 ,~..J-! __ 'rii lE WARNER June 30,1997 R. Bruce Anderson Young, Van Asse,qderp & Vamadoe 225 South Adsms Stre.t,S uite 200 Tal!ahassee, Flodda~ 32302 Dear Mr. Ande~on Time Wsmer Cable~¢ision ( CVI ) with franchise authority in Collier Counly and Flodd,~ Cablevision Management CoJp., it's operating entity, h~ reviewed the request for the Yacation of easements as described in your letter dated June 23, 1997, accompanied by sketches of platted right-of- way to be vac. a[ed, and has no objection. Sincerely, Grant Pate Construction Manager Time Warner Cable T~L£PHON£ 941-45"~-23~,3 FAX 941-4'~"J-2187 JUL ~ 9 1997 ~._ ¢,2 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 Mr. Russel M. Lazega Woodward, Pires & Lombm'do, P.A. Attorneys at Law 606 Bald Eagle Drive Suite 500 P. O. Box 1 Mm'co Island, Florida 34146 Apfill, 1997 RE: Vacation of sm:els in Fiddler's Creek SubdMsion M'a~co Shores Unit 30 Golf Course Dear Mr. Lazega: Staff'has reviewed your request for a letter of"No Objection" for ',he above described project. The easements to be vacated are a~s described in )'our letter of Mm'ch 6, 1997, listed above7 ' · The Sheriff's Office reviews these requests to determine if the granting of the vacation v'ill have an)' foreseeable negative effect on our ability to provide law enfomement services to the area. These .services include emergency response, patrol, and ual:lie enforcement. So long as the vac~aion, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:jkm cc: File - ea*ementl~r WE SUPPORT WE SPONSOR Sincerely, ) Collier County, Flor/da THE FLORIDA SHERIFFS YOUTH A home for need.,/and wO~lhy boyl and gifit / C O L L I E R C O U N T Y J R D E P U T Y LIE IL~ L,2 J~ lJ]~C C O L L I E R C O U N T Y E X P L O R E R P O~ TI'(,."' ~_~'q March , 1997 ~ro~ East Naples Fire Control a~d Rescue District attn: Robert Schank 4798 Davis Blvd. Naples, FL 34104 To: Russel M. Lazega Woodward, Pires, & Lon~ardo, P.A. 606 Bald Eagle Drive, Suite 500 Post Office Box One Marco Island, Florida 34146 Dear Mr. Lazega: In response to your letter dated March 19, 1997, East Naples Fire Control and Rescue District has no objection to your petition [o vacate the right-of-ways and easements as shown on your letter and attachment. Chief ~ria~ C1~ DriV~ ~ ~a~i~n~iP Dzlwa To~m~Jt '~l~t~d ~o F~%~'s ~ PARCEL Z, INC. 1285 Avenue of the Americas New York, New York 10019 April 10, 1997 Russe! M. Lazega 801 Laurel Oak Drive, suite 640 ~aples, Florida 34108 Vacation of Roads and R~ght of Way~ Fiddle~'s Creek Subdivision Dear Mr. Lazega: Parcel Z, Inc. has No Objection to your petitior, to vacate the'60' easement~rlght.of way recorded in O.R. Book 1557 at Pages 2335-40, Public R~cords of Collier County, Florida or your petition to vacate the da~ic:tcd public ~ight of way along championship Drive, Marriott C].ub Drive and Tournament Boulevard. SincD=%ely, Pr~ident Z, Inc. Parcel JUL :'9 1S~7 July 7, 1997 C~ll/~ County Board of Co.mnfissiorm-~ Col/i~ County Govsmmaat Complex 3301 Tro:r. daxrfi Tmi! East Napi~, FI 34112 ~ddl~.r's Creek File No. 93.1.32 D(h~r Commission ~,rm: I hereby state to ',.he b~zt of my knowi~tlg¢ .~zld ability t.h3t ~ ~blc ~ faciliti~ ~v~ ~ ~nsl~ ~5~ ~e pl~tt~ fi~ht~f, way of the M~ Shores U~t 30 Go~ ~ plat. Vc~' m ~y yo~, HOL~ MO~ ~ ~;S~~, ~C. cc: M~ S~ Bm~ ~d~o~ ~1. ~_71~1~J~1~2~7~ I JUL2935S7 O J U L z 9 1S97 flO ISSZ q02336 OR BOOK P~GE OR ~905 iSOi :':rtl 55? ,,17 339 OR 8005 OR BOOK PAGE ~ -- W'LgC~N ' MILLER · OAI:~TON · BOLL & P~EK. INC. O( S~tion 15, T~hJp ~ South. · ~,ro~e~ :DO ~% v~de ro~.d rAght-of-vay; of S~tion · ' COLLt£R COUnTy RECORDED Folio No.: THIS SPECIAL WARRANTY DE.ED made this IBgl day of ]~',ua.ry, 1994 by COLLFER A$SOCI. AT'S3, LTD., -', Florida limited pa. rtnexship, having ~ address at C.F. M~co Proper'des, Inc,, One $outhe. ast S~]td Avenue, Suit: 2700, M.ia. mi, Florida 33131 ('Gr',mtor') in favor of§59 91ST AVE.hq. rE, DqC., a Florida corporation, having an add:ess at 4001 North T~Mzn-d Ttztl, Suite 3.50, Naples, Flofid. a 33940, attd PARCEL Z. INC., a Florida. cor~rafion, havLr,$ an address ~t 1235 Avenue of '.he America.s, New York. New York 1001~, d/b/a 931 LMN'D HOLDS'qGS .IOD,tT 'VEN'~,..rRF,, a Florida gcneraJ p~.~er ship ('co] ~tively, T'aat Grantor, for ~d in consideration of the sum of Ten and No/lO0 Doll~zs (~10.00) and For od~¢:, good and v~uable considen6on in I'..~d p~d to Grantor by Or~u'~, thc receipt and sufficiency cf which ~xe hereby ac~.o',vledged ~d ,:onfcsse.d, by ~ese prc~nu doe: gr~t, b~,'g~n, ~I1, alien, rcm. h~, rd,'~, convey and confirm unto Grzntee, ~1 ma: ~t'~n l~d situate, lying and being in Collie,, County, Florida and more p~ticu'.,uly dc...,,cribed on Exhibit 'A' atuched hereto m,,d made a pzr[ her-,of (thc 'Premi~C). TOGETI£ER with all the improvements located there, on and xtl her~iu, mems, privilcge~, tenements and appurtenances belonging to thc Prcmir,~.~, all tight, title and interest of Gr, mtor, if any, in and to mil open or propo~d Mghw-ay$, su-~ets, ro~ds, avenue.I, alJeys, e~.semcnLL strips, gore~ a~d righLs-of-way in, on, across, in front of, conLiguous to, abutting or adjcinL~g the ~h-en'Jse~, together with ~y and aLl reverfionzry in~:resu of Grantor in and to the PremL~s (,xLl of the foregoing, together with the Prem~s.e.~ being hereinzfter coI]ecdvely r~fened to ~ the '?rcl:~'Ty'). TO HAVE AND TO HOLD, the samc in f~ simple forever. Thc conveyance of thc Property is subject to rial estate taxe~ and a~:ssment~ for the ye~u' 1993 and sub~:.uent years and to all matt:rs ~t forth on Exhibit "B' attached hereto and made a part hereof (without intending to reimpose same). Gram6r hereby covem~nts that Gnmtor is l~wful.ly ~ of the ProperW in f~ ~imple; mat O~r ~ g~ ~ght ~d lawful aumod~ ~ ~ ~d ~nvey me Pro.ny; ~d · at G~r ~Uy ~U ~e rifle m ~c P~ ~d ~ dcf~d ~c ~e ag~nst ~e lawful cl~m~ of ~ ~n$ clM~ng by, ~ugh or und~ ~e ~d Gmtor. 'INs instrument may be executed in c. ountexparts, ~ch of which ~o executed and delivered shall be deemed ~ original, but all of which u.ken together sNfll constitute bu~ one and the .tame instrumenL Class 'C' lnt~n~l'~le Received $ O~IC~T ~.~.ROC~, CLU~GF CIRCUIT COLIRT ~_~~,C, ,,:. L: J U L Z 9 1S..q7 0 - C COLLIER ASSOCL~TF.S LTD., a Florida limited partnership ' By: C.F. M~rco Propc~ea, inc., a F~onda c°~°n, Managing O~ncr~ Pa~er ~ko Unit 30 H~ldi~ Corp., ~ Dellw~e c°~dOn, a Gcnc~ P~mcr Vice Prc~/de~t By: RJ H~Ucroft, Inc., a I)clawm.,c Corporation, a Genera~ Patter Vice /Ack'~°Wled~mer~Ls on Ibc £ol/owLag pal:el ny: By: R.I HILlerofl, loc., s l~Jaw~rc Corpor-a~on. ~ Gencv-a~ Par'mcr By:__ WLtL~m Tanlki Vice P'tv. aid~t [Ack.uowleclgznenL~ On L~C fotlow4~1 pa~e] JUl. 2913~7 $11:nod. ~:~cd ~n~ d~,,~,~d CO~ ASSOCL~T'~. LTD., In ~hc pr~.scnc~ of: ~m~d p~r'u~¢n.hip 8,v: ~';~rko Li'~ ~0 HoI~Ln~ Corp.. cnrpn~Uon, n C~ncr~J Jtll. k 9 1897 ,~. OR ~00~ PA6E ,STATE OF FLOR/DA ) $$: COUNTy OF DADE T~e foreilo~n~ ~m~t ~ ~o~1~ ~fo~ P~ship on ~[ of ~fl ' No~. ~c ' ~ of Fio~ My Commission .... cor~radon, ~ ~ Oe~e~ ' ~- r~[ of M~ko Unit 30 ~ P~tnhip, She :o mc or has pro~uc~ a d~ver'~ IJ~ l~/denflfi~flon. ~n~ly ~c~ My Commisxion F-xpir.4: STATE OF RHODE ISLAND Natnc: Notary PubLic State of New York [No m~, Stamp/Se,J] ) ) ~: COUNTy C)F PROVIDENCE ) The foregoL~g h~trum~m{ was aclmowledted before 1994 by William Tln.t~, a, Vice PrUdent of RI HUJctol't, L,~c., a Dchwatc corpora6o~, ~ · me b'~ --...--. day of January, a Oene.,~ P~'mcr of ColLier A~/a~.~, /J.d., · Florida llnt/~d Parmet~hip, on behalf of .~aJd corporation, on bc,%aLf of ~ald Umited Partner-al,dp. He l~ Pe~,onauy known to mc or b.a~ produced a ddvcr'~ license ~ i4entification. Commission Expire4: Name.: Notary Public Stare of Rhode hl~nd ~'omy $~ap/$eajI ~',~oc~, Su:nKs~tij My Ccmmhsion 'E-xpLrc~: -~7',~,T~ 01~ N'EW YORK Nfy Comr~ssion E~p[res: STATE OF P-P/ODE ISLAND ) ) ss: COUNTy OF PROVIDENCE ) T'hc £orcgoi~j Jns~m~c ~ ac~owj~g~ ~rorc mc m l~4, by W~ T~s~, ~ VJ . My CorninesS;on Expu.~: ST^T8 OF FLORZDA OR BOOK COUNTY OF DAD~ ) 000150 ~ot~7 ~ubllc $~" of F~ori~ ;Wy Comml~ion Nc~ry ~bLic My CommJsslon 5TA'I'Z OP' KHODfi L$I...A;-'_) ) ) ~: COUNTY OP PKOVIDP...NCE ) Thc forel:olnl: [n,st~a:rmmt was ~l:~,,,l~lod bcfor~ mc this /o~ day of January, 19~;. by W'd~Lu~ Timid, u ~ ~d~l of M ~ I~,, s ~ ~:n~, u My C'onn~sdon ~ocu-ff 1~: ... Stat~ of Rhod~ Island JUL 2 ~2'~ t.., t..n ..,on ~.,. ~;=~,~¢, of ~.;, ~.,t, t~;~:'''° ~..t~ ~h,n~. ,~.~r..~,,. O~tlmc~ of ~e"~r~ e dliteflC. 'O~'~s.~ d~.tence O~ /~.t: th.n~.-';:~.~'~: · --qnce NGSee~,$ . i $1 ]~'E & d ' ~0~'41'S4'r e ~'-- 4 [ I dlitehce ·E ]~e .~st~nce el ~l.~? dlltLac~ of ~/~.-~ence of i($.e? ;....11~201 Zoot; rheas. dfetenc.'o~ ;..o~lt&fl~e ef IlS.20'~'.°f tt.26 feet~ t~ ~let .....~ llO.l~t~e~ e~. t4t.?/ feet; [~,~::-~_r,,t; th .... t. et/ thence IZ4.t~.~s ~neac. fl~'St*O4 V SJ~'O3'S~-t a d~-.~ 4' ~ a dlet~nce JIJI. Z S 1397 .... II tent: thence $($ell"li'~ & ~tltdnce e~ 1~$.$Q gent: d~t,nce thence $?t'SO'34'g :Let; thenCe SO~e4$'Z2'V ~elt; thence St~elO'O&'V e dtitince of %74,?~ feet: theAce thence ~oeT&'O~'v thencl SOT*3~'C~'W feet; thence Sli*37'Jl'~ I d~l~eflc4 of 14i.20 hot: thence ~Xit~nce thence N33eT4'Zl'Z a d~ltahCl et TLS.04 festa thence e thence H21e$],2(.£ 4 dllCeflce of ti.fl feeL; thence i3?.f4 tests thence S)1'11'23'C · d;ItencI thence $~*SS'eS'I i dletanc~ Of ~O.eI feeL; of Gl.ti feet; & G;Itance of IIS.IG ~eet; thence ~ $3'~G'~ 4 disC&nc4 thence $01'07'1~'X 4 d~etsnce ~( 176.02 /est; SS? 30'S~*~ e dt~tence nf SO.~ teeti thence d~e~e~ce Of ~1~o{4 feet; thence $40'S0'~d'C e dtlteGcl G~ C~ ~O0,~O feet; thencd S~lee].;O-v · 6let&flee of 2~1.~S felt: C~ ~el?'Ol'~ a dlitence o( ]f4.C& feet; thine, J41e43.31.~ · ~ ' 4 dJetemce of 54.4) feet; thence ~51'~S'~2'£ e dietinc. thence ~&?eOI'S~.$ · distance ~ 11l,$~ f(et; thence $41'O4'~4'~ i deltaiC4 of 2~&O.&! ~est; thence X]t'Se'54"C feet; th&~ce 'Z$'3$'$d'C i dilte~c4 Of (g.~l et.t; thence ~21·40"14°£ 4 distance of ~.~! f~et~ thence M(I'4('S~-v e isl.(& feet; thence HOI*GG'I?'V e descent, Gf 1~}.S$ fief: ( theflC~ HJ~eGG'~4'£ e d;atemce of ?;,~S feet; t~ence ~eS'O]'4)'C ( 32.13 ~eet: thence Nl~O{S,Jj.y & dLitdflcl of ?G,t~ fide- theflCe s32*ll'$?'v 4 ~llteflCl Gf IS.42 ,~eet; thence iG$'J~:( ~) ?).O$ C feet; thence NI(eit°;3'V d d~e(enc4 of 10t.~O feet; thence $1t'(l'2l'v I distance of ~S.2! ~Cet; thence W~I"OI'SG'V ~2~'3~'Gi't e d~stiflCe ef $1.15 feet; thenc, ~3~'lt'2O't thence NOE'$f'S1'¥ · ~letince Gf 137,1S fait; ~20~30'$]'t i distance 4[ =47.~3 feet; thence diet&Ace of 14&.J3 feet; Ih·hca Nl?'J~'O?'v 6 dGotencl 140.04 (eec; thence N~Se[),~9-¥ i dGItince of 140.~? fletj thence NQoeo$.(j.¥ i dJlt6=Co of ?2.02 fief; thence a distance of gl.S3 feet; thence ~$1033'~1't I distance of ?J.?J feet; t~eflce 140eZi. Gl.£ i dGstance of Se.tS (eft: thence dXstince bt 120.71 feet; thenCe S6]*31'SJ'E a distance of ~4.07 G]Oe~i'20"V I dLdta~ce e~ {O}.J? ~IIC{ thl~Cl I/I corner the,fo[: thence Cont~n~ln~ dion! the North Line e( corner e]lo beltl~ tho feet to the Worth I/¢ O~ ~tlt,¢$ (elt to the NorthVelt c°~t~n~9 e~on9 the ~ort~ Line of ee~d SeCtlon 22, run ALSO S00'l$'ll,v ~]o~9 thc ~aet Section ~ne thereo~ ~or & dlltence SOU~, ~G[ ~ ~AJT, Col)Let County, r~or~d,, ~S'lt'V a]en9 the ~lst ZlCtLen~L:~'~.~ecc~? ,,,o.,, t,,, . .. ,o,. o, .=,~'L;~J?~Lt'' ' ~,,~ .... II~eJO'~i'V a d~/tihce O~ 14,05 /let: thence jO?e(7,AO.L B+~lnnln~. AL~O Cailler County. rlorlda lyin So ~'I}'~S'V f~r a d~t,nce of ~,~ ~-~e et ~O.OO fi.t; thence ..... t) tilt; th,ace SHRt? 4 or II ~:JJ Z S 1S97 cnunty, r~ofld4. Florida. , ~Z ?S EAZ?, CellJer County, r3or%da. fO~, ~[ Z4 ~ZT, Collier Count%, Florida. ALJO The Yeet One-H61( (¥ I/~J e~ the tovthwejt Querier the ~o~thenn~ ~vnrtnr I~t I/4) o[ xll thee pert of StCT IO.$ ]4 end I$, TO~SMIF $1 described ii fo~lovll rXor~d& C~lt Zona~ Collier County, r~oridl, beibg Bore pntticu~nrly d¢lCrlbed CouincX~g et the Nort~veet corn,r ot enid $[c'tloN 14, thence &~ong the Vies ~ne O~ I&Jd leCtlO~ ~4, $0'11'4~'V Z3JI.?& ~eet 525.02 teats Shinto ~ee¥iaI lild Vile Line $10eSZ'tOot 155.30 ,! ..' :.! .- bain~ e~b~ended by chord which · ~ 2 ( ¢ c~Yo concavl C~ th~ ~orthkait, hav~n~ · r&dIua cC 330.00 /alt, Pirce~ her. Ih delcr~bed; bearings are baaed ~n r]erldl State J u L z ~ P t p,rt 4f s£C't'lO~ 14. TO~$HIp $1 ~OUT~. ~OtOenCIA9 't the ~orthvelt come (,,t~ th,n~e leeVln~ · ~ ~l~a Worth Llfle 111,)~,1~''' of Seld South Cj,)$.;t.~ 145.E- -' .. · qe by.~ chord wh/ch be&r4 ~S463S,4i*~ ~,~ ' t-.-uVn I ce~tra~ NI~9]I'II"I 3SI.~S ~letj thence ~ortheiEterX~ angle o~ I~'C{'O~' .~us O; 1O)0.¢O feet ,~._ -~- -- tGa o( IS.CO ~eet throu9h 4 centri~ hdvlng i ridlv~ "°eOn9 s~tended by a Chord ~hlch thence JtJeog'.¢J-v 207,{~ feet; thence {~('02'Ji.~ 1)?,40 feet: thIAC4 131'24',3~-V 171.~{ tier] thence S4S047'13-V th,nc, NJE'(I'{I"~ 341,21 ~eet~ .~e N~7'OJ'Si.t Z?l.40 circvlir cMrvi concdv, to the Southwest. INt:? I or Il ,4'~'~' °' '.' f,,,. i~ro~,h , ,~;;;.,o t?, .,t, ~nc&ve to the Korth~ist hevlnq e'a~tie| Ctrculer curve ~ZXG 0( the Perce~ herein ~eec~;~ ~se~t, to the tO1NT or That certat~ pirce~ O~ l,n~ lying in and being a p~l': of ¢oeeence at the ~orthei~t corner of eetd Jectioo ~2; t~enc4 r~n '11e$I"$1'v, along the ~orth Jl~o of Je!d eectlon, e dleCence hereinafter described, t~e-- r :~O of the Parcel ef ti ~,ture of I Circular curv~ to tt~&.,f~tt.t° the Point of ~.o)O.OO feet; thence r~n Northe,t.~''g~c ri'ring a red,us o( IIl.~i feet to tho ~'~' .,.~,e o~ ~2eSZ'll°, e a~--of said ~,,t,nc..~ ,,o,o~ ._.n, o. t..,nc,~ th.nc, ~.n .,;:;;~, °[ to tho POI I~T Or I~Of)h(ZaO of the Parcel of lend hereinafter rU~ ~$0e13,17.¥ · d~etence of ?~o~S /aeC/ thence leg~nn~ng,fCCZ~] AL~O L£$$ ~ ~XCIPT C~ C C JCJL ~ 15~? e fCtIo~ 2~ To~nehl~ S ._ .~ ~Y~ng .n end heine e ~*rt of [o]love: continue lOl'Ol'Ol.¥ "ri#reins(tee ~eicrJbed: ZIi*O0'?l.£ ~ dlitencee d~mtence of ll3 )~ Eeo d~etence 0( ~lJ.J$ ~eet oE XS4,$Z ~eet. -~' t; thence ~ou~hvezter3~ e~on9 the ... r~dl~e o( 1S0.00 (eeC. ~JO'3('lg'~'e dlmtence ef a!~nce °~ lO?.~O ~eet u~mcinCe o( l~?.Ot /esr, .~:~'' ~eet; thence dIeC6~ce O~ 33~,~$ feet; thence ~17':2'lO.v e ~[Ite~co ~JO'XI'$3°£ e dX°tent° ~ i ~Jt4hce 0~ $?.)2 /eeC: Chance e~n9 .ore PertlCU~et~y Cemcr,h~Jet, ~o)IZef County, thence cleo9 tho te,t bound°fy oE sold Smctloa Z( dllte~ce O~ *~ ~lcence Of 42 SD ~ee) - ~''.,J ~eet; thence .ce azIela.)t,£ ~ dlltehce ~f'lJO.40 ~;:,,',~-~, ~,,,nc. :,' ~':: ..... ,,o,.,, ,~.t. th. ,oT~;.:L ,~;~ ?.I~ th;n. ~;~:j,~?::. NiJeIl,$3.I · j._.' '' ' O dhtonce o[ le ~:*~ce o[ 79.Ii ~oz,? or ,,~.~'.:~? ~40.2].4,., e ds, ~;.'~? · ~s,t,nc, et -~-,nnz~ ot the e te ....· $2.~S ~eet thenc, ZSt*ZI,)t-~ - ~. P rcei of ~and he--,- -- to the e dLItance ne~ .: a~mtence o( ?J.lj --,ne~ter deecr~bed; ......... [,,t; th,n. ,.~:~!.~enc. 73,02 teotl thence $I$'~3'3t thence, ~?e32~O7 Z - -. ' · dLet~nce of .~7 feet~ · - -o,,t.n. of ,,oo, ~03 4S 33 V i .dLetence o~ 14 dLI~IACi o~ ~47 ! ~... .I.33 ~iet/ thence ?De , theoce 137.33 (eot; thence $01'01'12-V & dLetence oC 301 ? feet; thence :~e~e~I thence $10e$S,24.. ='~' 'ezo3?'el.V JUL ~ 9 1397 d~ County Co mXCep: :he- - ' , as ~ore as recorded A22 Shat :'orris P a.A'"t o ?IOridA'P_~ ~ou~ ~ ~oi't~azt 'fOl2ov...'nn bcln~'.~_an~m 2G ~..2/q o~ uugh I03, ~eC~'l~ de:' cO ~e ~0~u~ I~ d~ alne ""-~-'i'~'' .i-- ' ~*n¢~ lear-- '''P ~uet; SOu~ a~ de~oas- ' ' ~ee~/ South O0 de~eea ~e~c4 ~or~ 8~ degrees -07 ~h~c" ~o~ ~'06 ~eat Ilo. to ~e POint o~0 degrees _.. . O0 r Be~l~' 'a-43 EASt ~tt? Il or Il I. Res.tYCOons Conca.~ned bt .... , ~ 86~, of ~c ..-~ ~3, 1~67, r~r~ 3. r . -uonc R~rds o P~e ~18 of ~e ~bUc R f ~u~er COunD.' Flcri~. S~ A,,r~m~l~~, 19~ r~d~~ Uuh~, Co. ~d ~] u ~s of CoZ~er Count .... · ,. u~. ~, r~on~, ~v~m R~z. ~' Re~adon con~'n~ in ~ d~ ~u~ 5, I965. ~ord~ in ~k 183, Pa~c 13~, of ~e Pubfic R~ords of Collier Cout ~ Florida, ~k I:L~, Page 45E, of ~c ~blic R~r~s of ColUcr Count, ~orid~. ~k 1~5, Pa~e 4~, r,f bhe ~ab~c R~rds of Collier Count. 7. hc~r~fions ~n~ in De~d ~t~ ~o~r 20, ]9~, ~k 17], p~g, 452, of ~ ~bEc h~rds of Cc:~cr r~rd~ in O[fici~ R~Ords Count, 8. Dcp~m~z of ~y p~[ i~u~ und~ App~on NUmar l~, of ~b[ic R~rds of Co~ Count, ~od~. 1650, Page i~ffici~ ~c,rds ~k I4~ Pale l~0, of~e ~biic N~'~'n~r 16, R~rds of Collier County, FlO~da. I0. Golf Cour~ ~t A~r~m~t dat~ Novem~r 9, 19~9, from ~e Dehona C°~)mffon ~o Ci~ Na~o~ ~ of HoH~, ~ Tmon, r~ N~vcm~r 16, I~89 ~ Off~ R~s ~ 14~, ~e 1~8, of ~e ~bHc R~rds of Collier Coun~h Hod~ , ·-s~ ~o~u. of ~e ~bE~ u~-~ov~m~ 16, 1999 i~ ~X~".'~ 12. Pouble Wa~. ~ ~ No~ 9, 19~, f~m ~e ~ ~don e ~blic R~rds of ~n:._ ~ ~2o~ m Offlci~ ~ ~unff ~oH~ 13. U~ff E~e~~ ~ No~ 9, 1989, ~m ~ ~ Nidor~ ~ of ~od~, ~ Tms~, ~ ~ff~ ~ Ci~ R~o~s ~k ;i484, ~e 1712, N~cm~ 16, 1989 ~ Ofr~ A~n~... m' da~ NovemlX:r 9, 1989, be~eefi '~hc D~tcn~ Co~on, ~d Wilbur M. Ch~s~, Jr. ~ G~ L. D~, ~ T~st~ of ~e ~&p Profit Sh~l PI~ ~d T~sh ~rd~ Novem~r 16, 19~9 in O/fici~ R~ords ~k 1484, Pa~e 1612, of ~e ~blic R~rds of Collier Count, Flohda. 15, Hotel ReS~c~on Agr~menl dat~ November 9, 1989, ~tw~n ~e Deltona C°~m~on ~d Ci~ Nafio~ ~k of Flo6da, ~ Tm~r~, r~rd~ November 198~ in O~fici~ R~rd= ~k 1484, ~gc 1~4, of ~c ~blic R~rdl or Collier County, 16. D~lmfion of Assu~ da~ Novem~r 9, 19~9, betw~n 1989 in Otfici~ R~o~s ~k 1484, P~ge !746, of ~e ~blic R~orfls of Collier 17. Memo~dum of Aff~m~t ~ NOvem~r ~, 1989, b:~n ~ Delto~ C°~fiOn ~d Ci~ Ralion~ ~k o~ ~o~da, ~ Tmst~, t~erd~ Novem~r 16, 1989 in Offici.~ R~o~s ~k 1481, Pa~e 183~, of hhe ~blic R~rd~ of Collier County. 13. ~emO~dum of AZ~m~t d~ NOvcm~ 9, 1989. ~m~ C°~do' and Ci~ Nadon~ ~k or ~o~, ~ Tm=~. r~rd~ Novem~ Coun% ~o~. 19. Rcad E~ment dued D~m~r 12, 1989, from ~c Deltona Co~Uon to ~c Sch~l ~d of Co~i~ ~un~, ~rd~ D~m~ 29, 1989 in Offici~ R~rds ~)k 1495, Pale 374, of ~e ~bl~c R~ords of Coffier County, fha: ceftin Se~enj Agl~ment by ~d ~p~ ~c Sch~l ~rd of Co~cr Count, ~e Del~na ~mdon. and S~mtom ~Zi~o, da~ ~m~ 12. 1989, which agr~m~t, ~mon~ o~h~ ~n~, ~n~n~ ~n mndido~ r~uiremen~ for ~e f~g of hhe ~em~t l~ds U~n ~u~t of ~he S~h~l ~d. z.s fLl~ in ~e Offi~ off ~e Clerk of ~e Ci~uit Cou~ for Co~i~ Count. und~ Ca~ No. 88~ISI-CA~I for ~e 2~ ]udici~ Ci~uit Ln ~d foe Co.er ~un~. Flor/da. 20. D~na~e ~m~t AJ~m~t ~we ~) ~ ~e D~to~ Co~don Ci~ Nadon~ ~ of ~oh~, ~ T~nm, ~ August 1, I~, 11, I~ in Offici~ R~s ~k 1557, Page 2245, of [he Public R~rds of Collier COunt, ~odda. 21. D~n~c ~ent Ag~t ~cS~ly D~to~ Co.radon ~d cam N~fio ~-W~t In~r~ptor Ditch) Public R~s of Col~ C~n~, ~ofi~. cs~ R~rds ~k 1557. 22. D~nage ~m~t A~m~t ?twin ~e Ddtona Co~fion ~d ~;,~-W Offsitc D~na~c Convey~way) oat~ ~ u'ust ~ ~ ' -- .... ; Nado~ ~ of Flod~, u Tmst~. ' * "~' ~ Septem~r 11, 1~ in Or~ci~ R~rds ~k 1557, Page ~'~76 o~ ~e ~b~c R~rds o~ Colli~ Count, 23. Dn~m~e ~m~t A ~ ~mna Co~-- ~- ~1 ~o~-Sou~ Off e:._ ~ ~blic R~rds of Co~i~ Count, ~o~. ,-~ro5 ~k 1557. Pa;e 229], 24. 25. 26. 27 Drainage Ea~mcnt Agrc~mem (Control Weir) bcrwec, n Thc Dchona Corpo,"adon a.-,tl Ci~:y National Bank of Flofid.t, as Tr'ust~c, d~ted August I, 1990, recorded September Ii, 1990 in Official Records Book 1557, Pagc 2306. or thc Public ReCords of Collier County, F'lofid~. Dr, dnage F~seme. nt Agreement (.e, oCdons 14 and 15) betv~..c.n The Dehona anti City NationaI B~nk of Flori~.a, as Trust~, da,x:~ August 1, 1~9'3, rC~orded September Il, l~ in Official Records Bock 1557, Parc 2321, of the Public Retords c( ':ol!ier County, Florida. 60' Roadway ~me. nt from The Dc:font Corporation to the Public, datc4~ Ausu:,~ I. 1950, recorded Sep~mber 1 I, 199,0 in Official Roe. orals Book 1.f57, Pate 2335. of ~he Pu[',lic Records of Collier County, Fiorida, Lik:¢ Shying Covez~,,'~t ber,vc¢~ Thc Dcltona Corpot':don amd Ci~ NatJon~ Ba.r~k of Florida, ~ TrJst~, d~ta:~ Novcmbc:r 9, 1~$9, rec~ord~l Novcmbc4' 16, I~89 in Of£cial Records Book ~484, Page 1777, of thc Public Rc~-ords of CoUicr County, 23. Not~ce or Adoption of Development Order for Ur-it 30, Isle Of Capri CommerciaJ Key Miu'co O{orr's bland) and Part of Mzrco Short.4 Planned Unit ~,-te.d I.n Sections !I, 14, 22, 2~, 24 and 33, Township .51 Sou:.h.P.a.nl:: 2,5 A.nd Sections 14, 15, 21, 22, 23, 27 ~.'~d 28, Township 52 South, R~'~ge 26. Cou:~ty, Florida. c. xecu~d by Rot.~'t L. Wcintraub, Esq. sates Development Order recorded in Offi:.itl Recordt Book 1505, Page 1728, and Amendmer, t in Resolution 89-149 ."=corded i~: Officizl Records Book 1505, Page 1783. and Resolution 85-117 recorded in Offici~ Records Book 1505, Page 2.140, 'shall not constitute a 1.im'h cloud, or encumbrance on any real proI~erty, or ,cra. al or consu"uctive notice bf an). of th,. ~me'; recorded Ma~ch 21, 1990 in Officizl Records Book 1514, Pale 746, all of ;he Public Records of Collier County. Florida. 29. Grant Of A Non-EJ:clusive Easement from The Deltona Corporation to Florida Power & Light Company, dated April 2, 1991, recorded May 14, 1991 in Official Records Book 1615, Page 1283, of the PubLic Records of CoUier County, Flor/da. 30. E.a.s~ment Agreement from Thc Dcllona Cor'pomdon in favor of Collier County, dated March 19, 1~<91, recorded in Offir..hl Records Book 1([49, Page 16].7, of the Publ/c Records of Collier County, Floricla, which ca..~mcnt is for cxcavarlc,n righLs ~ a fill lource for ~¢ widening of Sa~ Road No. 951 to &prc, pos~ lalm l)4.ng in · portion of Se:don 22, Tow~ship 51 South, Range 26 E,a. st, Collier County, Florida, together ',,4~.h ~hc fight of ingrc, ss-cgrr4s m said e~cavadon site. 31. Dec41 of UdlJ, ty E.a.~mc. ht from The Delmna Corporation to Deltona Utilities, Inc., t~ated April 2, 1991, and roeorded June 24, 1991, in Offich.I R,~c. ords B,:~k 1626, Page 1457, of the Public Rocords of ColLie. r Count),, Flofid. a. 32. M2Jnlznancc Agreement for E,m~cat and Swale Slope Arc~ in favor of Collier (]oun~, by City N~,flo~l ~ of FlofitSa, ~ Trusto~, ,".~d Novcmb~. 1], 1990, rcconted November 16, I~ in Officiad Records Book 1572, P'~e 2.245, of the Public Rec. ords of CoLUct County, Florida, which agr~e4,ncnt w-a.s for thc purposes of' providing for the I)eve. lopet's n',,a~ of ~ subdivis/on improvem~ts con.nod with~ Mar;o Shor~4 Unit ~) Golf Course plat, rocordcd in Plat Bc~k 17, Pale ~, of the Public Records of Collier County, FloticL.,. 32;. That t:e,r~n un.,'~-.orded 'option agreemcm" between Thc Nadot~l Tr~st Coml:~ny, as Trustee undo4- Land Tr,st ~'52~4, a~d Alfred A. Perfett, ~ Trusu~e. for ~llers, dotal JUI. Z~ 1537 42. oo o00 i 6c~ OR 800K RAGE ~eb~ary 15, IgB~, whereby ~he Na~onaJ Trim Corn ~ ~82, ~ DMC, ~c. ~siidni ia [n~er~: in ~e con.ct to ~c Dehon~ ~:W~n ~e ~l~onfl T~I: C~m--- _~, b~ng ~e dl~ of F~ Comply, N.A,, ~ T~st~, ct ~.. for ~c purcha~ of l~s lying ~n ~ans S~ons ~4 ~d IS, of To'~sh~p SI 3ou~, ~g~ 26 ~:, Collier Coumy, 34. ~at ~n unr~o~ St:dem~: Agr~rnenZ by ~d ~n ~e Co.radon, ~¢ S~ of ~o~, ColUc; Count, ~d ~ C~cr in~cnors, ~uiy 20, I~82, w~ch agr~ment, among o~cr maters, ~r~nb~ ~n dtvc~opment ~d v~t~ dghu for ~c ~:~o Shores Unj[ 30 communi~ ~d su~ou~dM: areas in Collier Count, Florida. 35. ~a[ CC~n PZ~nn~ Urd: Dcv~lopm~: ~.U.D.) issut4 by ColHcr County und~ Ordb~ No. 84~J (84~2) on /une 12, i984. ~ ~cnd~ by Ordin~ ~os. S8-48 :~d 89-34 as i~su~ on ~a~ 24, 1988 ~d June 13, 1989, ~cdvdy, Collier Count, 36. q~a~ ~n D¢valopme~t Order (~.O,) is:u~ by ColHcr Coumy under Ordin~ ~;o. 84-3 on ~un~ ~2, 1984, ~ ~cnd~ by Ordinance Nos. 8~-117 ~d 89-149 i~.su~ on May 24, 1988 ~d June 13, 198~, rcs~dvely, CoHJcr County, Florida, 37. Co~cn~, conditions, ~s~cdons, ~m~, terms ~d oGScr [,~vision.~ as shown on Lhc r~rd~ Pla~ of ~{ARCO SHO~ U~ 20 GO~ CO~E, z~ Pia~ ~k I7, Pajc 98, of ~c ~bUc R~rds of Co~icr Count, ~o~da. 3;L AbsoJu:e Assignm~t of I~ ~d Rc~, ~t~ ~:O~r I I, 1~I. from ]~c r~=rd~ ~to~,, 17, 1~1 in OfHci~ R~rds ~k 1656, pag~ I85. of ~c ~blic Rc~rds of Collier Count, 39. As~nm~t of ~v~o~'s ~h~, ~ ~[~ l 1, l~l, from ~c ~o~ ~od~ ~ ~p, ~o~ ~m~ 17, l~I M O~d~ R~s ~k I~6, P~e 201, of ~e ~blic 40. Ab~olu~ AssJ~nm~ ofP~ ~hu, ~ ~t~ Il, 1~1, from ~e Core.don, ~ ~., m ~ ~, ~., a Rod~ ~ ~ip, ~,rd~ ~r 17, l~I M O~ci~ R~s ~k i~6, ~:e 218, of ~c ~blJc R~:rds of ColIi~ Count, ~oH~. C~iH~m ~ on Ap~ J6, l~ ~ O~ci~ R~s ~k i7~. Page 852, of · e i%b~c R~s of ~ ~un~, ~od~. Any o~ ~H~ ~ ~ ~ ~b~c R~s of Col~ Count, ~od~ a/f~dn~ CO~L Ill C~Tt ~.3. CcX~)' l..,uL, ~ 1597 ~*U, , ~OIe nO.' r~ ~ /nC nltOq Jrt- ~ thC.. mlUobl~ ..._ ' ~t tae 0 -- X?"',~ ,2t~'~ -,~ ~%~?~.~,~,.~,._ -' '~'~' ~ ~ ~"~' "~/~lh'er ,. ~ ~it.~ dqc ~.'~ - ~'10~ -' P°te Tar Fo, ffo ~'~ 'be (Tr=tor . , 'a~' c,ai,= ~, , ~ ~,~,~ ~ or co~c ' ' Coup. o~ ~ ~' ~e/o~, .."" pr ~emted her ~~edged b~or~ · ...' . ~..',. ' ,'... KO'.,.. EXHIBIT 2F List of abutting and other properly owners within 250 feet of proposed vacation. * City National Bar, c, as T:rustee 25 West Flagler S'a'eet M'iami, FL 3313.9 Parcel Z, Inc. 1285 Avenue of the Americas New York, NY 1.0019 Pelican Lake Limited Partnership 2330 West Joppe Road, Suite 210 Luthemille, MD 21093 U'nited Ventures Limited l:'artnership 1672 River Road Maumee, OH 43:;37-3503 Board of Couary Commissioners Collier County Waler-Sewer District 3301 E. Tamiami Trail Naples, FL 34112. EXHIBIT 2F Lift of abutting and other property owners within 250 feet of proposed vacation. City National Bank, as Tm.~tee 25 West Flagler Su'eet Miami, FL 33130 Pamel Z, Inc. 1285 Avenue of the Americas New York, NY 10019 Pelican Lake Lirait~ Pa~xn¢.rship 2330 West Joptx: Road, Suite 210 Lufl~.erville, MD 21093 Board of County Commissioners Collier County Water-Sewer District 3301 E. Tamiami Trail Naples, FL 341,12 CD r~ r'u 0 L 0 o0 0 0 0 C, '4:) 0 0 0 0'1 BOARD OF COUNT~ CO~M3E, SIONERS COLLIER COUNTY tiAPLES, FLORIDA 331~..2 RECEIVED FROM 951 1,amd Holdl~gs J.¥. ADDRESS__40(II Tamiemi Trail NCITY Napla. DATE 7/8. ~ . 1997 CHECK NO 00062.53 DESCRIPTION [:,ETITT_.O[~ AY 97-013 INVOICE NO. 101 .i163610 329100 Terri Meyer CUSTOMER COPY /"/' A ~ll~s ($10.00) ~d o~er valuabl~ rac~ apt of ~er and ~ewer u~ility facilities, on located in Collier Co~ty, Florida, to ~it~ (See tnco~orated by ref~an~ herein.) ~ ~ ~D ~ BO~ ~e a~e ~o ~e Gr~tee ~d i~e aasl~, t~e~er ,,ira ~e right p~ose off con~ing, operat~g, and ~aintainimq utill=y ~acllities ~ereon. Gr~tor ~d Grantee ara ~ed for sln~ or pl~al, as ~e con=~ ~ ~SS ~OF, ~e Cr~or has caused ~ese presents to ~ exa~ed date ~,d year first above ~ltten. S i~ned, sealed and delivered tn ~-he presence of: Print Name: -. ~ ~ ~:in~ N~me: GRANTOR: GUIJ BAY 100, LTD., · Florida Limited Par~-~er~hip, by its General ParTner: ~ ~Y 100. ~C., a Florida co~rm~lon PARCEL Z, Inc., · Ylorida corporation /' ~fakasSl Sano, President D/B/A 951 LARD HOLDINGS JOINT. STATE OY FlOP. IDA C~TETY OF COLLIER The foregoin~ ir~t~ent vme acknowledged before me 'c. his .']'' da~ o~ G R,,'LN TO R: GULF BAY 100, INC., a Florida corpora tion oodward, Vice President S~ATE OF FLORIDA CCUNT¥ OF COLLIER ' The foregoing instrument was acknowledged before me this ~ day of ~J~3m~, 1997, by MARK J. WOODWARD, Vice President of GULF BAY 1O0? INC., on behalf of the corporation. He il peraonally kno~m to me and di~ not take an oath. ~ Print Name: Notary Public Con%mi s sion NO. ·age 2 of 2 ,i , L HOLE MONTES · ASSOCIATL,i. INC, ENG~NRERS F%.,S~NE RS SLiRV£ '~ C~ S LEGAL DESCRIPTIO,~4 HMA PROJECT # 93,132 REF. DWG. B-2097 JULY 2, 1997 PAGE 1 OF 4 A PARCEl. OF LAND LOCATE~3 IN SECTIONS 14 AND 15, TOWf4SHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF TOURNAMENT BLVD. OF A&ARCO SHORES [;NIT 30 GC,LF COURSE, ACCORDING TO THE P~,T TlflEREOF, RECORDED I~ PLAT BOOK 1'7 AT PAGES 98 THROUGH I03, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 15, TOWN:SHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00'18'41' E., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1393.26 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE HJ,LF OF THE NORTHEAST QUARTER OF SAID SECTION 15; 1'HENCE RUN S. 89'13'35' E., ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 145.59 FEET; THENCE RUN S. 00'45'25' W, FOR A DISTANCE OF 50.00 FEET TO THE .POINT f~EGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 89'13'35' E. FOR A DISTANCE OF 57.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR L;URVE, CONCAV[: SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD CF 34.30 FEET AT A BEARING OF S. 82'11'26' E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S. 75'09'17' [:. FOR A DISTANCE OF 44.?~ FEET TO THE BEGINNING OF TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET THROUGH A CENTRAL ANGLE OF 32°51~)9', SUBTENDED BY A CHORD OF 67.02 FEET AT A BEARING OF S. 58'43'43' E. FOR A DISTANCE OF 67.95 FEET TO A POINT OF REVERSL: CURVE, THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 192.00 FEET THROUGH A CENTRAL ANGLE OF 46'55'27", SUBTENDED BY A CHORD OF 152.89 FEET AT A BEARING OF S. 65'45'52' E., FOR A DISTANCE OF 157.24 FEET TO THE END OF SAID CURVE; THENCE RUN S 89'13'35' E. FOR A DISTANCE OF 92.72 FEET TO THE BEGINNING OF A TANGENTIAL CiRCUlAR CURVE, CONCAVE NORTHVVESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 117.00 FEET. THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED 6Y A CHORD OF 61.52 FEET AT A BEARING OF N. 75'31'50' E., FOR A DISTANCE OF 62.25 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, l-lAVING A RADIUS OF 100.00 FEET. T>!ROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.58 FEET AT A BEARING OF N. 75'31'50' E., FOR A DISTANCE OF 53.21 FEET TO THE END OF SAID CURVE; THENCE RUN S. 89'13~J5' E. FOR A DISTANCE OF 2057.19 FEET; THENCE RUN S. 88'20'44' E. FOR A DISTANCE OF 11f1.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHVVESTERLY; THENCE RUN SOLFrHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 550.04~ FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.99 FEET AT A BEARING OF S. 65'47'13' E., FOR A DISTANCE OF 433.09 FEET TO THE END OF SAID CURVE; THENCE RUN S. 43'13'43' E. FOR A DISTANCE OF 242.16 FEET TO THE BEGINNING OF A TANGENTIAL CIRCUlAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTE~_ __._______~_ HMA PROJECT # 93.132 REF. DWG. B-2097 JULY 2. 19'~7 PAGE 2 OF 4 ALONG THE ARC OF SAID CURVE TO THE LEFT, H. AV~NG A RADIUS OF 1050.00 FEET, THROUGH A CEN'TI.~L ANGLE! OF 13'51'30'. SUBTENDED I~Y A CHORD OF 253.35 FEET AT A I~EARING OF :3, 50'0g'28" 5., FOR A DISTANCE OF` 253.97 FEET 3'0 THE END OF ~,ID CURVE; THENCE RUN S. 57'0,5'13' E. FOR A DI$'I',kNCE OF 2~.73 FEET TO A POII,,'T ON THE SOUTHERLY [~,IGHT-OF-WAY LINE OF CHAMPIONSHIP DRiVE OF MARCO SHORES UNIT 30 GCLF COUFISE, ACCO,~DING TO THE PLAT THEREOF, RECORDED tN Pi.AT BOOK 17 A*I' P/,GES 98 'I'~R~H 103. OF THE PUBLIC RECORDS O~: COLLIER COUI,~TY, FLORIDA, THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF' CHAMPIONSHIP DFIIVE AND TOURNAMENT BOULEVARD, AS THE SAME ARE SHOW/'. ~ ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S. 57'05'13' E. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWESTERLY; 2. THENCE RUN SC)L,rTHEA,C;TERLY, ALONG THE AFdC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3950.00 FEET THROUGH A CENTR~J. ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 839.73 FEET AT A BFJU~ING OF S. 50'59'07' E.. FOR A DISTANCE OF ~41.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S. 44'53'00' E. FOR A DISTANCE OF 351.91 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4.. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, 'tHROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 00'07'00' W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CLIRVE; 5. THENCE RUN S. 45'07'0(;," W. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGEN'TIA, L CIRC,L,~LAJ~ CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOL/THVV]~[STERLY, ALONG THE ARC OF SAID CUR~,~E TO THE LEFT, HAVING A P~,DIUS OF 2050.00 FEET, THROUGH A CENTP,.~L ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT BEARING OF S. 38'04'24' W.. FOR A DISTANCE 504.01 FEET 'to THE END OF SAID CURVE; 7. THENCE RUN ;$. 31 '01'48' W. FOR A DIST,~,NCE OF 243.18 FEET; THENCE DEPARTING THE V~.STERLY RIGHT-OF.WAY LINE OF TOURNAMENT BOULEVARD, RUN ,c;. 58'58"12' E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGFrT-OF-WA'Y LINE OF MARRIOTT CLUB DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE; THENCE CONTINUE S. 58'58'12' E. FOR A DISTANCE OF 8~2.53 FEET TO THE BEGINNIh~G OF A T~,NGENT[AL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCF RUN SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT. OF-WAY LINE OF ~J~RIOT'I' CLUB DRI¥~ AND ALONG THE ARC OF SAID CUF{VE TO THE RIGHT, HAVIt~(; A RADIUS OF 3950.00 FEET, THROUGH A CEJ',q'RAL ANGLE OF 08'44'55', SUBTEHC, ED BY ,a, CHORD OF 602.55 FEET AT A BEARING OF S. 54'35'45' E. FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; THENCE RUN S. 50'13'17' E., ALONG THE SOUTHERLY RIGHT-OF.WAY LINE OF MARRIOT-I' CLUB DRIVE, FOR A DISTANCE O~*' 800.51 FEET TO THE MOST SOUTHERLY CORNER OF MARRIO3-]' CLUB DRIVE RIC-',HT.OF-WA~ ; THENCE DEPARTING SAID RIGHT-OF-WAY OF HMA PROJECT ~ 93.132 REF. DWG. B-2097 JULY 2. 1997 PAGE 3 OF 4 MARRIOTT, CLUB DRIVE, RUN S. 39'46'43' W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN N. 50'13'17' W. FOR a DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHV~ESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF S~AID CURVE. TO THE LEFT, H~VING a F~OIUS OF 3940.00 FEET, THROUGH ,k CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET Ara BEARING OFN 54'35'45' W., FOR A DISTANCE OF 601.61FEET TO THE END OF SAID CURVE; THENCE RUN N. 56°5~'12' W. FOR A DISTANCE OF 1052.53 FEET; THENCE RUN N. 31'0'1'48' E. FOR A DISTANCE OF 243,18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCA¥~E SOUTHE. ASTERLY; THENCE RUN NOI:~TH -EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVII'~G A RADIU.'!; OF 2060,00 FEET THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY I~, CHORD ()F 505.19 FEET AT A BEARING OF N. 38'04'24' E., FOR A DISTANCE OF $0(i.47 FEET TO THE END OF SAID CURVE; THENCE RUN N. 45'07'00' E. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVI-' WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N. 00'07'00' E., FOR A DISTANCE OF 62.03 FEET TO THE END OF SAID CURVE; THENCE RUN N. 44'53'00' W. FOR A DISTANCE OF 351.91 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF: N. 50'59'07' W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'05'13' W. FOR A DISTANCE OF 593.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A P, ADIL~S OF 1060.00 FEE'r, THROUGH A CENTRAL ANGLE OF 13'51'30', SUBTENDED BYA CHORD OF 255.76 FEET AT A BEARING OF N. 50'09'28" W. FOR A DISTANCE OF 2.",6.39 FEET TO THE END OF SAID CURVE; THENCE RUN N. 43'13'43' W. FOR A DISTANCI-' OF 242.17 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHO.-'~D OF 414.32 FEET AT A BF_ARING OF N. ~5'47'13' W,, FOR A DISTANCE OF 425.L~2 FEET TO THE END OF SAID CURVE; THENCF RUN N. 88'20'44' W. FOR A DISTANCE OF 119.82 FEET; THENCE RUN N. 89'13'35' W. FOR A DISTANCE OF 2057.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURV~, CONCAVE SOU'THEASTERLY; THENCE RUN SOUTH'VVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 47.32 FEET A'¢ A BEARING OF S. 75°31'50- W, FOR A DISTANCE OF 47.89 FEET TO A POINT OF REVEF:SE CURVE; THENCE CONTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 30°29'10', SUBTENDED BY A CHORD OF 66.78 FEET AT A BEARING OF S. 75'31'50' W. FOR A DISTANCE OF 67.57 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89'13'35' W. FOR A DISTAHCE OF 92.72 FEET TO THE BEGIN~'~ING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN NORTHVVESTEF[[.Y ALONG THE ARC OF SAID CURVE TO THE RIGHT, J-rAVING A RADIUS OF 202.00 FEET, THROUGH A CENTRAL ANGLE OF 46'55'27', SUBTENDED BY A CHORD OF 160.85 FEET AT A BEARING OF N. 65'45'52' W. FOR A DISTANCE OF 165.43 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE NORTHVVESTERLY ALONG THE ARC Hh~ PROJECT # ~;3.132 REF. DWG B-2097 JULY 2, 1997 PAGE 4 OF 4 OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTP, AL ANGLE OF 32'51'09', SUBTENDED BY A CHORD OF 61.36 FEET AT A BEARIHG OF N. 58'43'43" W. I-'OR A DISTANCE OF 62.21 FEET TO THE END OF SAID CURVE; THENCE RUN N. 75'09'17' W. FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CU~[VE, CONCA~,q~ SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET. THROUGH A CENTRAL ANGLE OF 14°04'18', SUBTENDED BYA CHORD OF 31.85 FEET AT A BEARING OF N. 8~'11'26' W. FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N. ~9'13'35' W. FOR A DISTANCE OF 57.11 FEET; THENCE RUN N. 00°19'00" E. FOR A DISTANCE OF 10.00 FEET TO THE P~)INT OF ~EG-..!NNIN~; CONTAINING 2,037 ACRES, MORE OR LESS. - SUBJECT TO F-ASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N. 00'18'41' E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZ,ATION LB #1772 THOMAS M. MURPHY P.S.M. #5628 STATE OF FLOP. ID.-~ Ma..t J. Wo,:x~wa~. _F~,~_.,e racilltie~ ~ordlnmtion ~c ~0 (~r{inaf~er re~e~ed to a~ "~o~gaVeU'), ~ favor of ~m S~ER DZSTEI~, its ~uccnasor~ ~d assign= (hereinafter "Co~ty"). No~ge~ ia ~ed aa miramar ~d pl~al, ~lre~. WIT~E~TK : ~, Wo~qet Is the ~er and holder of ~e& c~a~ ~ve!o~ Xo~ga~e ~d SectAry A~t ~ ~avor of T~en .~erlca Inc., O.R. ~ok 21~A, ~ge 350~ ~ture ~ance ~d NO.gage ~ificatioo Agre~t recorded in O.~. ~ok 2247, page 1316~ A~zi~ant of receded ~ O.R. ~ook 2247, page 13~&~ and UCC-1 Financing Stat~ in O.R. ~k 2247~ ~ge 1~80, ~11 of ~e ~lic Records of Collier ~y, Florida (hera~a~er referr~ to aa 'Ho~gage-), en~r~q legally de~cr~ed ~rein (hereinafter r. fe~ed to as ~op~F~) . ~, Co--tM has re.es=ed and rec.iv~ from ~e ~ '~e ~~ Pro~y non~clusive easements ~or ~e ~s~llation ~int~ce of u~ili~y facilities ~ and across a po~i~ of praises legally descr~d i~ ~lt 'A' a~che~ hereto ~ l~co~ora~ed here~ by virus of ~ia rafer~ce, which premises are harei~fter ~, Co~=y has re~eated ~at Mo~gagee co~ent ~o, s~ordinata its "Mo~gage" ~o ~e interest ~t Cowry has In ~ Zas~nt WOW, ~?o~, in con~idaration of T~ ~ (~0.00] an~ And val~ble consideration, ~e receipt of *high ia her~y ac~ovledge~, ~e M~{a~ee d~ hereby cone~t to, Join in ~ s~ordinate ~e "3{o~gage- to ~e grant of ~at ce~ain easement d~cr~ed herein ~er, under~ ~ a~oa~ ~e Eminent ~ty a~ ~y i~teraat ~ ~e u%llity facll/tle~ lo~t~ ~erein or a~ixed ~ereto. ~cept u st~ina~d to ~e ~s~ent descried herein ~er, ~er, and Z~,e~ ~pe~ or ~y u~lll~ facilities l~at~ ~ain ~ afflx~ ~e~o, eal~ '~o~gage' shall r~ o~e~iee In full f~r~ ~ effect. XM ~S ~o~, ~e ~agee ham ~e~ ~eee pra~ ~ be eze~te~ ~e date ~d year first a~ve 'IX:,K~' Ai~Z~ZCA INC., a New York corporation Title: _ L"-J It:~"[:;.,~ aVL 2~ 1S~? I Hl~'k P~O.,~CT I g't 1~2 REF. DVYG B..~Ce7 Jt~Y ~o~/l~t ~ ~ ~' PAGE 1 ~ 4 LE~ OE~RIPTI~ ~ ~ST, C~IER C~, FLORI~. ~ A ~ION ~ T~R~ME~ BL~. ~CO S~S UNIT 30 G~ c~5E. ACC~OI~ TO ~E ~T T~RE~. RECOR~D tN ~T B~K 17 AT PAGES ~8 THR~H 103, ~ ~E ~BL~ RECORDS ~ C~tER COUP, FL~IOA, BEING MoRE p~TIC~LY ~SCRIBEO AS F~O~: COMME~;CE AT THE SO~ST C~NER ~F ~E ~RTH~ST QUARTER OF SECTION 15, TO. SHIP 51 S~. ~GE ~ ~ST. C~IER C~N~, FL~I~: ~EHCE R~ N. ~'18'41' E., ~ ~E ~ST LINE OF ~E NORTH~ST QUARTER ~ ~]D ~C~ 15, F~ A ~ST~E ~ 1393.~ FEET TO A POI~ ~ ~E ~TH LINE OF ~ E~H ~ ~F ~ THE ~RTH~,$T QUOTER OF ~ID SECTI~ 15; T~ ~R~ST QU~TER OF ~ID SECTI~ 15, F~ A DISTA~E ~ 145.59 FEET; THENCE R~ S. ~'4~5' W. F~ A ~$T~E ~ ~.~ FE~ TO THE ~ C~. C~A~ SObErLY: THENCE R~ ~STERLY, ALONG THE ARC OF CUR~ TO ~E RIG~. ~Vlt~G A ~1~ ~ 140~ FEET. ~R~H A ANGLE ~ 14'~'18'. SuSTE~ED BY A C~D OF ~.30 FEET AT A B~I~ 5. ~2'11~' E.. FOR A OISTANCE OF 34.38 FEET TO THE ENO OF ~ID CUR~; THENCE RUN 5.75'~'1~ E. FOR A OtSTANCE ~ 44.~ FEET TO THE BEGINNING OF TANGENW~ CI~C~R C~, C~ 50~STERLY; THE~E E~ S~H~STERLY ALONG THE ARC ~ ~ID CUR~ TO ~E RIGHT, ~ A OF 118.50 FEET THR~GH A CE~ ANGLE ~ ~51~*, SUBTENDED BY A C~D OF {7.02 FE~ AT k B~RING ~ S. 5B'43'43' E. F~ A DISTANCE ~ 6795 FE~T TO A POINT ~ RE~RSE C~; ~4ENCE CO~INUE S~H~$TERLY ALONG ~E ARC OF ~tD C~ TO THE LE~, ~ A ~IUS ~ 1~2~ FE~ THR~H A CE~ ~GLE ~ 4~'55~. SUBDUED BY A c~D OF 152.~9 FEET AT A B~ING ~ ~. e5'45'5~ E., FOR A OIST~E ~ 157~4 FEE7 TO T~ E~ ~ C~; ~E R~ S. ~g'13~5' E. F~ A DISTM~E ~ B2.72 FEET TO ~E SEGINNI~ ~ A T~E~ CIRCb~ C~, C~ ~5~RLY. TO T~ LE~. S~TEN~D BY A C~ ~ ~1 .~ FE~ AT A ~1~ ~ N. 75~I'~ E.. F~ A ~ ~STERLY. ~E R~ 50~~Y ~ ~ ~C ~ ~ C~ TO ~ R~, ~NG A S~D BY A C~O ~ 42~,~ FE~ AT A ~1~ ~ ~. ~'4T13' E., F~ A D(STA~E ~ ~33.~ FE~ TO ~ E~ ~ ~D C~; THENCE R~ S. 4~'13'43' E. FOR A ~6T~E ~ 242.16 FEET TO ~E BEGINNI~ ~ A ClRC~ CUR~, C~~A~ N~S~RLY; ~E R~ S~ . . .. i.,,~ HMA PRO.-,~CT # 63 132 JULY ~ 1~7 P~2~4 ~ONG THE ~C ~ ~ID C~ TO ~ L~. ~A ~ ~ THE S~RLY R~-WAY ~ ~ C~ ~ES ~ ~ G~ C~SE, AC~ TO ~ ~T ~, ~T B~ 17 AT PAGES ~ ~H 103, ~ ~ ~ ~C~ ~ C~ C~, FL~I~, ~NCE ~ ~O~ ~ R~.WAY C~MPI~HIP ~1~ ~ T~E~ ~, AS ~ ~ID ~CO SHORES ~IT ~ G~ C~. F~ ~ F~ 7 1. BEGINNING OF A T~E~ CIRC~ CMR~ C~ SUBTENDED BY A CH~D ~ a3~.73 FEET AT A B~I~ ~ S ~ E.. F~ A DISTANCE OF ~1.~ FEET TO ~E END ~ ~D C~; ~. ~r~CE RUN ~. ~'53~ ~ F~ A ~IST~E ~ 351,~1 FE~ TO ~ BEGI~I~ ~ A TANGE~L CIRC~ C~. C~ 4. ~ENCE RUN SO'~ERLY ~ONG ~E ~C ~ ~ID C~ TO 1~ R~HT. ~ A ~IUS ~ 50.~ FEET, T~H A CE~ ~LE ~ ~, ~D BY A C~D ~ 70.71 FEET AT A B~I~ ~ S. ~'0~ W,. F~ A D~ST~E TO ~ E~ ~ ~ID C~; 5. ~E~E RUN ~. ~S*0~ W. F~ A DIST~E ~ 142.01 ~ TO S~ED BY A C~RD ~ ~.74 F~T AT ~1~ ~ S. ~*~4' W.. F~ A 7 T~E RUN S, 31'01'4~' W. F~ A DIST~CE ~ 243.1~ FE~; TO ~ BEGInnING ~ A T~ C~ C~, C~ ~-WAY ~ ~ ~lO~ ~ ~ ~ ~ ~ ~C ~ ~ID C~ TO F~ A OIST~E ~ ~3~13 FE~ TO ~ E~ ~ SAID C~; S. ~'13'1'~ E., ~O~ THE SO~HERLY RIOHT-~-WAY LINE ~ ~RIO~ CLUB DRY, FCR A DIST~E ~ ~.51 FE~ TO THE MOST S~Y C~R RUN N. ~7~ Y~ W. F~ A DtST~ ~ ~.51 FEET TO ~ ~GINN~ ~ A ~ ~1.~ FE~ AT A ~U~ ~ N. H'35'45' W., F~ A Oi~T~ ~ ~1.61 FEET TO THE E~ ~ ~lO C~: ~E R~ N. ~'~'17 W. F~ A ~ST~ ~ 1~2.~ FE~; ~ENCE R~ ~NCE RUN N~S~RLY ~ T~ ~C ~ ~lO C~ TO ~ RIG~. ~ A ~IUS ~ ~.~ FEET ~C~H A C~ ~LE ~ 14~'12', 8~N~D BY A ~RD ~ ~5.1g FE~ AT A B~I~ ~ N. ~'~4' E.. F~ A OlST~CE ~ ~.47 FE~ TO F~ A DI.~T~E ~ 142.01 FE~ TO ~ ~G~ ~ A T~ C~C~ C~ TO ~ F~ A DIST~E ~ ~.g3 FEET TO ~ E~ ~ ~ C~; T~E ~ N. 44'53~ W. F~ A DI~E ~ 351 .~1 FE~ TO ~ BEG~ ~ A T~ ~R~H A CE~ ~LE ~ 12'1Z13', 6U~'~D BY A C~RD ~ ~751 FEET AT A ~ING ~ N. ~EGINNING ~ A TA~E~ ClRC~ C~. ~A~ ~~Y; THENCE RUN ~S~RLY ~.~ A ~DIU8 ~ 1~.~ FE~.~A~~ 13'51~. S~E~ED eY X C~RD OF 255T~ FE~ AT A ~ ~ N. ~ W. F~ A ~T~ ~ 2~.39 FE~ TO ~E E~ ~ ~ ~ ~ ~ N. 43'13'43' W. F~ A DIST--[ ~ ~ ~D ~ TO ~ ~, ~ A ~ ~ ~.~ FE~.~ A ~ ~ ~ 45'0~1', ~ BY A C~ ~ 414.~ F~ AT A N. ~1~- W. F~ A ~ ~ ~.lJ ~ TO ~ ~g~ ~ A ~ ~.~ FE~, ~ A ~ ~ ~ ~1~, ~ ~ A ~ ~ 47.~ FE~ AT A ~ ~ S. t5~1~ W. F~ A CIST~ ~ 47.~ ~' TO A ~ ~ C~ TO ~ R~, ~ A ~ ~ 127.~ ~. ~H A ~ S. 75~1~ W. TA~ C~ ~ 1~.85 FE~ AT A ~t~ ~ N e5'45~ W F~ A ~ST~E ~ 1~.43 F~ TO HNLe.. ~CT e ~ PACE 4 ~ 4 ~ ~ID C~'~ TO ~ ;E ~. ~q~ A ~1~ ~ 1~.~ FE~. ~ A ~ N. ~'43'43' W. F~ A DtST~E ~' 62.2l FEET TO ~ E~ ~ ~ ~; ~S~Y ~ ~ ~ ~ ~D ~ TO ~ ~. ~ A ~ ~ 31.~5 FE~ AT A ~ ~ N. ~11~' W. F~ A ~$TI~E ~ 31.~ ~ET TO FEET; ~E R~ N. ~1~ E. F~ A ~ST~E ~ I0.~ FE~ TO ~ ~ ~ BEOI~I~: CO~AINt~ 2.0~7 ACRES. k~ ~ LE~. S~CT TO ~SEM~S. ~SERVAT~S ~ ~S~ ~ ~C~. OF SECTI~ lS. TO~IP Sl ~, ~E ~ ~ST. C~IER C~. .,~zxo 'ney' 8 ,,Ur~:iavS) Wc~o',vw'd, PIres & L,orr, berdo. P..A. AT*I'OR,~£¥ ' S ~FF~DAV~T On thi~ 2~th day o~ Jun~, 199?, b~ore ~a ~r~on~lly ~p~ar~ ~ony n~er il SO1 ~urel Oak Drive, Suite 640, Napie~, Florida 34108, (941) 566- i, This Affidavit is given as an inducement ~o ~l B~ of County Co~eissioner~ of Collier County, Florida, ~ the go~e~l~ ~y of Collier County and as E~-Officto the Governing Board of the Collier County uti:kity facilities located within or upon the real propa~y descried in ~e att~ched Exhibit. 'A', which i% inco~orated herein by reference, maid being lo:ated in Collier County, Florida. 2. The A~flant has examined record title info~ation to both the real and personal prope~y referenced in this affidavit, including but not limited to, info.etlon re~ested from the Florida Secreta~ o~ State relative to any Unifo~ Co~ercJal Code financing $tate~ent~ from Co~onwealth ~nd Title Insurance Company's Policy No, 107-671953 and endorsements which cover p~lic records cn file up to and including Feb~a~ 3, 1994~ Chicago Title Insurance Company's Policy No. 10 087a 106 00000009 which coverm all p~lic r,eccrds on file up to and including June 26, 1996~ and abstracts from First Title & ~stract, Inc., which covers all p~lic records on ~ile up to including June 2~, ~997, at 5:O0 Fros such examination, I aa o~ the opinion that: The record title is vested in Gulf Bay 100, Inc., and Parcel Z, Inc., d/b/a 951 ~nd Holding~ Joint Venture, by instm~entm recorded in O.R. ~k 19il, p&ge 144, and in 0,R. Sook 2199, page 1420, ~lic Recordm of Collier County, Said record title holders have a fee simple title thereto s~Ject, however, tc the following ~alifications: 1. Taxes: For the year 1997 and subse~ent yearm although not yet due end pay&bls until on or after Nove~er 1, 1997. 1~96 taxes were paid on Nove~er 26, 1996. 2. ~pa~ent of A~y Ps.it issued under Appli~tion N~r 71B-0tl] having an effective date of S~pt~r 2~, 1~3, end record~ In O.R. ~ok 1360, pages 1218-1252, recorded Septe~r 24, 1991, in O.R. ~k 1650, at pages 160-1~4. 3. RoaO Easement da:ed ~ca~er 12, 1~09, fro~ the ~ltona Co~oratlon, to The School Board of coXlier Court:y, recorded ~ce~r 29, 1~09, ~n O.R. ~oX ~495, at pages 374-3e3. Ten~ra~ Access ~se~ent reco~ed April 10, 1997, in O.R. ~ok 2]03, i~ag, 1792, P~[ic Recoil of Collier County, Florida. linc. rscor~a,i In O.R. ~ok ~154, page 350; ~[ure A~vance a~ Hodificatio~ Agreement recorded in O.R. Sook ~247, page 13~61 Page 1 of 2 iI o II. 10, ll. Yin·noisy Statement recorded in O.R. Soak 2a¢7, page ]3a0, all of the Public Record· of Collier County, Florida. Polling Flaca Agreement betveen 951 Land }loldi~ga Joint Venture ·rxl the £uparvieor of ~lectlons, recorded In O.R. ~ook 2169, page 1177, Records of Collier County, ~lori~e. Final Jud~ant validetinq the Fiddler's Creek Co.unity Develo~nt Oietric: flpe¢ie] A~aea·nent Revenue l~nd·, Cae· No, ~6-3097-~-01-TB, recoraed In O.i. ~ok 2219, ~9e lS96, ~lio Records of Collier Co. tM, ~lorid~. Avigation ~asa~ent in favor of Collier county and Collier County Air~ort Authority, recorded October ~5~ 1996, in O.R. ~ok 2242, page 2307, P~blic Records of Collier County, Florida. That c~rtain Planned Unit Developwent (P.U.D.) issued by Collier County under Ord.inanca Mo. ~4-41 (~4-¢2) on June 12, 1984, aa a~er~ed by Ordinance No·. 88-48 and &9-34 sG t0aued on May 2~, agUE, ar~ June 13, 19~9 respectively, Collier County, Florida. That certain D~velopeent Order (D.a.) issued by Collier County under Ordinance No. 84-3 on June 12, 1984, recorded February 15, 19~0, in O.R. Book 1505, pages 1721 through 1712, a· amended by Ordinance #os. II-ll? issued May 24, 19el, recorded in O.R. Book 1505, page 2341, ·nd 19-14! · · issued June 13, 1989, recorded in O.R. ~ook 1~05, page 1795, recorded in O.R. Book 1514, at page& 746-760, Collier County, Florid·. Potable Water Easement dated Raveler 9, 19~9, fro· The I~altona Corporation, to City ~ational Bank of Florida, aa Trustee, recordmt November 16, 1989, in O.R. Book 1484, at page· 1697-1711. Nat covered in this Title Opinion are: rights of parties under u~recordad p~rchaae agreements or leases, if any; and facts that eight be disclosed by · n accurate survey or per·anal inspection of the property. A copy of each of the above-referenced inatr~uaents is attached hereto and by reference made · part hereof. Affiant further states that the information contained in this Affidavit la true, correct and current aa of the date this STATE OF ~RIDA COU~T~ O~ Sworn to (or affixed) and s~scrl~d ~fore ~e ~hts 2?th day of June, Page 2 of 2 PAGE LEGAL DESCRIPTION A pARCEL OF LAND LOCATED IN SEC?IONS 14 AND 15. TOVVNSH~ 51 ~JTH, 2~ FAST, COLLIER COU/~Pr', FLORIOA. AND A PORT1ON O~ TOU~ ~.vo. OF M.~.RCO ~,HORE$ [)NIT 30 GOLF COURSE. ACCORDING TO TH~ I~AT THEREOF, P~ECORDED IH pt. AT BOOK 17 AT PAGES M THROUGH 103. C~ TH~ P~J~UC RECORDS OF CC~LIER cOUNTY. Ir!,.O~ID~ ~l~ ~ P~Y F~O~: c~ME~E AT ~E ~$T C~ER ~ ~ ~T Q~R 5ECTIOH 15, TO. SHIP 51 ~, ~E ~ ~ST. C~U~ C~. ~ENCE RUN N. ~'1~'41' [., ~ ~E ~ST LINE ~ ~ ~ID SECTION 15. F~ A ~ST~ ~ 1393~ FE~ TO UNE OF ~ S~H ~E ~ ~ ~E ~ST ~ ~ ~ ~C~ 15; THE NOR~ST QUeeR OF ~ SECT~ 15, F~ A FOR A D[ST~CE OF 57.19 FEET TO ~ BEGI~I~ ~ A T~E~ CIRC~ C~, C~ $~Y; ~[ R~ ~LY, ~ THE ~C ~ ~ID ~IGLE C~ 14'~'It*, subTENDED BY A C~D ~ ~.30 ~ET AT S. ~2'11"~' E., FOR A DIST~CE L'F ~.38 FEE~ TO ~E ~ OF ~lO C~: ~E~E RUN S. 75'~'17 E. F~ A DISTA~E ~ ~.~ FEET TO T~ BEG~INO OF ~GENr~ CIRC~R CUR~. C~ S~S~Y; ~E~E R~ 5~EkS~RLY ~ONG '~E ~C ~ ~0 CMR~ TO ~ RIG~, ~ A ~1~ OF 1 tB.53 FEET THR~ A CENT~ ~{G~ ~ ~51~'. ~ENDED ~ 67.C2 F[~ AT A B~I~ ~ S. ~'43'43' E. F~ A ~E ~ e7.~5 FEET TO A POI~ ~ RE~RSE C~; ~E~E C~tNU[ ~S~RLY ~CNG ~ SAID CUR~ TO ~E ~, ~ A ~IUS ~ 1~.~ FE~ ~H A CE~ ANG~ ~ 46'55=~, ~TE~ 6Y A c~D ~ I~.B~ FE~ AT A B~ING ~ S. 65'45'~ E., F~ A D~ST~ ~ 157~4 FE~ TO ~ ~ TO ~ ~. SUS~ ~ BY A C~ ~ el.~ FE~T AT A ~ ~ N. 15~1~ [.. F~ A DIsT~E ~ ~25 FEET TO A ~ ~ ~RSE C~; ~E ~T~ ~R~iEAS~RLY AL~G ~ ~C ~ ~O C~ TO ~ ~.~ FE~ AT A ~1~ ~ H. 75~I~ E., F~ A ~ST~ ~ ~1 FE~ TO OiST~CE ~ 45~.~ FEET TO T~ ~ ~ ~ C~: $. 43'13'43' E. FC,,', A ~$TA~E ~ 242.16 FEET TO ~ BEGINNING ~ A T~E~ CIRc~R CUR~. CO~A~ ~S~RLY; ~ENCE R~ S~$TERLY t' REJ=. DVP, J~.Y 2, 1~97 p~ 4 ~ 4 ~ ~D CUR~ TO ~E ~, ~NG A ~1~ ~ t~.~ FEE~. ~N A ~ N ~'43'43' W. F~ A DIST~E ~ ~1 FE~ TO ~ E~ ~ ~D C~ . TO ~ ~G~ ~ A T~E~ ClRC~ C~, C~ ~S~Y~. ~ A ~ ~ 31.85 FE~ AT A ~1~ ~ N. ~'11~' W. F~ A OIS1~E ~ 31.~ FE~ TO ~E ~ ~ ~lO C~; ~E~E R~ N. Bg'13~5' W. F~ X O~ST~E OF 57.11 FE~; ~ENCE RUN N. ~'1~ E. F~ A ~$T~CE ~ 10.~ FEET TO ~E ~ ~; Co~N/~G 2.037 ACRES. MORE OR ~SS. SU~ECT TO ~SEMENT$. RESERVATI~S ~ RES~tCT~S ~ RECORD. B~ING$ SHO~ HERE~ ~FER TO ~ ~ST U~ ~ ~E ~ST OF 6ECTION 15, TO~SHIP SI SO~, ~GE ~ ~ST, COLLIER ~. F~-~I~ AS ~EI~ N. ~'18'41' E. HO~, MO~ES & ASS~S. INC. C~FI~TE OF A~OR~k~ ~ STA~ OF t-~ PROJECT II 93.132 REF. DWG. B-2097 JULY 2. PAGE 30~ 4 M~IO~ CLUB DRY. RUN S. 39'4~'43' W. F~ A DIST~E ~ 10.~ ~; ~E RUN N. ~'13'1~ W. FOR A DIeT.CE OF ~.5~ FEET ~O ~E BEGI~NQ ~ A T~GE~ CIRC~ CUR~, CONCA~ ~S~Y', ~E R~ ~T~S~RLY, ~ONO ~ ~C OF S~D C~ TO ~E ~, ~ A ~ OF 3~0.~ FE~, ~R~H A CE~ ~ OF ~'44'55', S~D ~ A ~D ~ ~1.02 FE~ AT A B~i~ ~ N. ~'35'45' W., FOR A OlST~E ~ ~1.~1 FE~ TO ~E END ~ ~D ~ ~NCE R~ N. ~*~ W. F~ A DIST~ ~ 1~.~ FE~; ~ENCE R~4 ~ 31'01'4~' E. FOR A DIST~CE OF 243.1~ F~ TO ~ SUBTENDED BY A ~ ~ ~5.1g FE~ AT A B~NG ~ N. ~'~4' E., F~ A DIST~CE ~ 5~.47 FE~ TO ~E E~ OF ~ID CUR~; ~ENCE R~ N. 45'0T~ E. F~ A DIST~CE ~ 142.01 FEET TO ~E BEGINNI~ ~ A T~GE~ C~ TO 3~E LE~, ~NG A ~IUS ~ 40.~ FE~, ~R~H A CE~L ~ FOR A D~STANCE OF ~2.~3 FE~ TO ~E END ~ ~ID C~; ~ENCE R~ N. 44'53'~' W. FOR A DIST~JCE ~ 351.91 FEET TO ~E BEGINN~ OF A ClRC~ CUR~, CO~ S~STE~LY; ~ RUN N~TH~S~Y ~ROUGH A CENT~ ~G~ OF 12' 1Z13', SUBTENDED BY A CHORD CF ~37.~1 FE~ AT A B~ING OF N. ~'5~0~ W., FOR A DIST~CE ~ ~39.1g FEET TO THE Eh~ ~ ~ID CUR~; THENCE RUN N, ~7'05'13' W. FOR A DIST~C E ~ 593.~ FE~ TO ~ BEGINNING ~ A T~GE~ CIRC~ CUR~, CONCA~ NoR'r~ST~LY; ~ENCE RUN NOR~S3~Y ~G ~E ~C ~ ~ID CUR~ TO ~ RIG~, SUBTENDED BY A CH~D ~ 255.76 FEET AT A B~I~ OF N. ~8' W. F~ A DIST~CE OF 2~.3e FE~ TO ~E END ~ ~ID CUR~, ~ENCE R~ N. 43'13'43' W. FOR A DtST~CE ~ 242.17 FEET TO ~ BEGINNING ~ A T~E~ CIRC~ C~. CONCA~ 80~STERLY; ~ENCE ~ NOR~S~RLY ~ ~ ~C ~ ~0 CUR~ TO ~ ~. ~ A ~1~ ~ ~0.~ F~, ~H A CE~L ~GLE ~ 45~1', SUBbeD ~ A ~ OF 414.~ FE~ AT A B~RING OF ~. e5'4713' W., F~ A DIST~E ~ 425~ FE~ TO ~ E~ ~ C~; ~E R~ N. ~'~' W. F~ A DIST~E ~ 119.~ ~; ~E R~ N. ~9'1335' W. F~ A ~ST~E ~ ~57.19 FE~ TO ~ ~GI~I~ ~ A 6~S~RLY ~ ~ ARC ~ SA~D ~ TO ~ ~, ~ A OF ~0.~ FE~, T~H A C~ ~ ~ ~'~1~, I~D BY A ~ OF 47.~ FE~ AT A B~ING ~ S. 7['31'~ W. F~ A D[ST~E ~ 47.~9 ~ TO A OF &&ID CUR~ TO 3~ RIG~, ~NG A ~1~ ~ 127.~ F~, ~1A ~ a. 7~1~ W. F~ A ~ST~E ~ ~7.57 ~ TO ~ E~ ~ ~D C~; ~NCE R~ N. ~13~' W. F~ A ~ST~CE ~ ~.72 FE~ TO ~ BEGI~I~ ~ A T~ CIRC~ C~, ~ ~Y; ~E R~ OF 202.~ FEET, ~H A CE~ ~GLE ~ 4~'55~, S~TENDED BY A C~D OF 1~0.~5 FE~ AT A B~RING OF N. e5'45'5~ W. F~ A DIST~E ~ 1~5.43 FEET TO A POI~ OF RE~RSE CUR~; THENCE CONTINUE ~R~S~RLY ~O~ ~E ~C H~t*, PROJECT It a3.~ ~2 REF. I:~N~. ~2097 JULY 2. PAGE 2 OF AT A B~ING OF S. ~*~a' ~ THE S~Y RIQ~-WAY 1. ~CE C~I~ S, 57'05'13' E. F~ A DICTATE ~ ~.4g F[ET TO ~E BEGINNING OF A T~GE~L ClRC~ CUR~ CC)~ S~S~RLY; S~ED BY A ~ ~ ~g.73 F~ AT A ~ING OF S. ~'590~ E.. F~ A 3. ~E~E R~ S. ~'53~ E. F~ A DISTA~E ~ 351,gl FE~ TO THE ~GI~I~ ~ 4, ~ENCE RUN SO~HERLY AL~G ~E ~C ~ ~lO C~ TO THE ~IGHT. ~NG CHORD OF 70.71 FE~ AT A TO THE E~ ~ ~D CU~; 5. THENCE RUN 8.45'C~ W, F~ A DIS~CE OF 142.01 FE~ TO ~E BEGINNING OF A T~GE~ ClRC~R C~, CONCA~ S~S~RLY; S, ~ENCE R~ SO~S~RLY. ~O THE ~C OF ~ID CUR~ TO THE LE~. SUBT~O ~ A C~ ~ ~2.74 FE~ AT B~I~G OF S. ~'~4' W.. FOR A DIST~CE ~.01 F~ TO ~E ~ ~ ~D CUR~. 7, ~E ~ $. 31'01'4r W, F~ A DIST~E ~ 243. lB FE~; F~ A ~ST~CE ~ ~3.13 S. 50'12'1~ E., ~ ~E S~RLY RIG~-~-WAY LINE ~ M~RIO~ CLUB ~1~. FOR A O~ST~E OF ~.51 FE~ TO ~E MOST ~THE~Y CORNER OF ~RiO~ CLUe ~1~ RIG~-~-WAY; ~ENCE , EXECUTIVE SUM'i~IARY ,~,CO~LMEND^XION TO TiLE BOAI~ OF COUNTY CO,M~M1SSIONERS TO CONSIDER ~', .4,PPLIC~T~ON SI~TIED BY MEDIAONE EN~P~SES, INC., FOR THE ~,~EWAL OF A CABLE ~CHISE. O]~-ECT!VE: ']'o consider the ApplScafion for the Renewal ora Cable Franchise wtrich has been submitted by M,.-di~,O~c Enterprises, Inc. CONSIDERATION: tm Application for the rene~,'~ ora Cable Franchise was sa,~mitted by MediaO~e Enterprises, Inc., on June 9, 1597. A~er initial review, staff determined that hhc documentation and information supplied were materially sufficicn~ to met the requirements as set forth by Ordinance 88-90 as amended. Therefore, the Count3' AdmivAstra~or's Office, throug.h it~ Office of Franchise Adminislration, re~:ommends that a single Cable Franchise be awarded for the renewal of three Cable Fnmchises held by M~'~iaOne Enterprises, Inc. whose expiration dates are: Augast 6~ 1997, A~g~t 20, 1997 and May !3, 2006. FISCAL IMPACT: The. County has r~ceived the required f~ of $5,000 for processing t.he Applic&tion for Rer, e~al of the Francl-dae. The County will also continue to receive Franchise Fees--a five p~'cent (5%) of "Gross l~evcnues" ~s sp~ified in the Franchise Agra-merit and in Ordinar.ce No. 88-90, as m'ae~ded. Aim, in the propo~ Agmcmmt (AlXached), thc comp:my is offering a cash contribution to be uaed to acquire and ir~ta[1 a media system in the Collier County Commission chambc~ that will not only offe~ qut3ity le!evision covzrage of gow~ranent meetings, but also will improve ~.nd ~.nffance the room itself for multi-media parposcs. GI~:OWTI-I MA~AGEM3LN'I~ IMPACT: None ) ro RECOMMENDATION: Thc reconxmend~tion is in ~wo p~ts: A. TIll the Board sqyprov¢ Iht: (At~acheal) Cable FrancNse Application as aubwJtteM, ~f~.er m~Lqg fl~e following findJng~ of facl (also Attached) i~ ~ceordancc wilh Section 3.6 (~) &Collier County Ordinance No, 88-90, ~ mnended, B. Tlmt ~he Bored a~ahoriz~ the Chai,-mra~ to execute lhe Frm'acbAse Agreement, after finai ~/~proval of*he Al;Tecaner~t by the CounD' Atxomey, subject to ix)ssiblc mbaor, nm~- sub.~umtive, clarificae;om. lh-ep~red by: ~"'Jtum Merritt, Manager Office of Franchise AdnfinJstration Re.~4ewed by: Michael A. McN~s A:;sistant County Admmistratm Approved by: Rc,bea't F. Fernandez Cc,unty Admirdstrator .lrlNDINGS OF FAlYir:: t. Compliance With Existing Fr=nchlses MediaOne Enlerpfises, Inc. is the largos! cable operator in Collier Co~mty. The Compa~y ~rves approxi~nately 70.000 households md commercial pmpm~ies in the up. incorl>omted ·rea of the Coun .ry. 70t~ough the Company has changed its corporate structure and ownership several time~, its history (or that of its acquired systems) goes back as far th/r~y years. Most recenlly, however, it has been acquired by U. S. West. Following the dictates of Ordinance 88-90 as mended, MediaOnc Enterprises, Inc., has applied for a renewal of its Franchises by submitting an Application. The Application indicates that the Compaay has substantially complied with the material tm'ms of its existing franchises, ha addition, staffhas had many opportmfities to observe the Company, and has established friendly and compatible professional relationships with personnel in many phases of the company's operations. In fact, the Company has been most generous in making available resources and at times, technical staffto ,~qsist staff ir~ its fledgling efforts to ~atilize the government access tele¼sion channel. Staff has not been notifie.:t of any adverse actions taken against the Company for failing to follow applicable State or Federal law. Nor have we had any notice of any shortcomings by the Corr,pany's chief regulator, the Federal Corrtmunications Commission---(FCC) 2. The Quality of Service The quality of service tha': MediaOne Enterprises, Inc. offers has proved very acceptable to a large majority of its customers. In the recent survey done by an independent contractor, 5500 randomly selected subscribers ~o MediaOne were sent survey instruments. Of those, 659 persons responded, for a respectable return of 12%. Of those rm,'ponding, 43% rated the Company's basic service E,II:~. Anoth~ 40% rated the Company's basic service as Eaix. Of the respondents, 54% reported they had never had a problem to report to the Company, and of the 46% who said they had contacted the company, 80% indicated satisfaction with the resolution of the problem. Moreover, 100% of the sucmey respondents indicated that the Company ~ lll.~to resolve a cableprobler~ Overall, the subscribers returning the surveys gave the Company a grade of"B-", a very ~tisfactory a,~firmation of the Company'; po!ici~ and procedures dealing with its customers. From the survcy m~d from contacts with MediaOne'.,- subscribers, staff concludes that the Company is in coml~li~ace with acceptable service standards. This inclu the signal quality of transmission, but also, with the company's response o complaints and its billing practices. J 3. Financial, Legal and Technical Resources MediaOne EnterlJrises, Inc. has the financial, and legal resources, as well as the tecl-mical ability to provide the scr,,'ices, facilities and equipment necded for its presence in Collier Co'~tT. The Company is a Rho:te Island corporation qualified to do business in California, Florida and Massachus.:tts. MediaOne Enterprises, Inc., is a wholly-owned subsidiary of MediaOne of Delaware, Inc., a Delaware corporation. MediaOne of Delaware, Inc., in turn, is a wholly-owned subsidiary of U S West Media Group, Inc., a Delaware corporation. U S West: Media Group, Inc., is a wholly-owned subsidiary of U S West, Inc., a Delaware corporation. U S West Media Group, Inc., is the third largest cable company in the United States. The Company or, ms or ,:o-c,wns cable systems that pass nearly one in four American homes. U S West Media Group, Inc., with its acquisition of Continental Cablevision (including the system in Collier County), the Company now has a serv'ice area covering 27million American homes, plus 20 million internationally. Media Group now has cable interests in 60 of the top 100 U. S. markets, including New York, Los Angeles, Chicago and Detroit. q-'nc :-c~,,ources of this Company are considerable. There is no doubt its resources are far ;,icrc extensive than is required by Ordinance 88-90 as amended. 4. Future Related Community Needs The Company is makir,g a comprehensive plan to expand services. By upgrading its high capacity "broadbar~d" networks, it is adding telephone and data services, new forms of entertainment and "electronic commerce" to its cable systems. An aggressive campaign to upgrade the system in Collier County is underway. MediaOne expects to complete its upgr~le to 750MHZ in this area by 1999. When this is accomplished, many enhancmnents will be made available to the Company's Collier County subscriber.';. In addition, the Social Contract negotiated between ',he Federal Commur'.icafions Commission ('FCC) and Continental Cablevision dictated c. xvtain upgrade requirements, and the Company made additional commitments in the ar~ of schools, home w/ring policies and certah~ price controls as well a.~ restrictions in rate adjustm~ts. This Contract or Agreemenl guarantees that c~,vrtain commUmty and subscriber tr e.r. es~s will be met during the lifetime of the agreement. JUL 2 1 3 7 9 tO I1 13 16 19 ~0 O2! 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 State of Florida - Collier County CABI,E TELEVISION FRANCHISE DATE: 'llxls Cable Television Franchise, issued by and between Collier County, a Florida non- charter ~mmty, and MeAiaOne Enterprises, Inc. hereinafter Grantee. WHEREAS, th,: County of Collier, hereinafter referred to as "County" or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise fiirther the public interest; WHEREAS, the County is the owner of cerlain street rights-of-way; WHEREAS, the: County has, following reasonable notice, and after consideration, analysis and deliberation conducted full public proceedings, duripg which proceedings the tcchrfic, fl ability, financ:ial condition, legal qualification and general character of Grantee were determined acceptable to receive a renewal of its franch/se; V~TIEREAS, Grantee is currently furnishing Cable Service in the County pursuant to three franchises that exp~ire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee desires to replace these existing franchises and from fi.is point forward to be recognized as one (1) franchise with an expiration date of 15 years from date of acceptance by Grantee. WHEREAS, ceaXain provisions contained in Chapter 30 of the Collier County Code (the Master Ordinance) shouM be waived m renewing these franchises; WHEREAS, the CounD' has also considered and ansflyzed the plans of Gramee for the construction and operation of its Cable System and found thc same to be adequate and feasible in vi,:w of the needs and requirements of the area to be served by the respective Cable System; WHEREAS, the County has determined that it is in the best interest of and consistent with the public convenience and necessity of/ts residents to grant a franchise to Grantee to operate a Cable System vdthLn the specified francl'dse axe, a withLn Collier County and on the terms sa~d conditions hereimu~er set forth; and, YVHEREAS; Grantee: desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's fight-of-w: ~ ,AC~,i, iDAA~ No. L~.,3 JUL 2 9 '*~7 Pg .._----_.._ 1 2 6 7 9 ~0 1i 12 13 14 16 17 19 20 2I 22 23 2,4 2.< 26 2'/ 29 30 31 32 33 34 35 36 3'7 3~ 39 40 42 43 Section 1. Fiadir~gs Pm~mant to the proceAures in the Cable Act, Section 166.046, F.S., and Chapter 30 § 28;(0(1) of the Collier Counly Code, lhe Grantor has held a public heating where the following issues related to gte.ri, ti.rig a cable tel,:vision franct'dse to Grantee were considered: (i) the economic impact upon private property within the Count),; (ii) the public meat for such franchise; (iii) the capacity of public rights-of-way to acconunodate the cable system; (iv) the present and futttre us,: of the public rights-of-way to be used by the cable system; (v) the potential disruption to existing users oft,he public dgbts-o~.way to be used by the cable system and the resultant inconvenience which may occult to the public; (vi) the financial ability of the franchise applicant to perform; (vii) the experience of the applicant in the erection, operation and maintenance of a CATV system, (viii) tecl'mical quali~ and completeness of the proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and other qualifications necessary to construct, own al~d operate a cable television system, and (x) other societal interests as are generally considered in cable television franchising. The Grantor has determined that the Grantee has provided Cable Service under thc th.tee current franchises in a satisfactory fashion justifying renewal of such franchises. The Granlor has determined to renew a cable television franchise to MediaOne Enterprise.;, Inc. on the: terms and conditions se! forth in this Agreement. NOW, THEREFOR[;, the parties agree as follows: Section 2. Definitions For the purposes of this Franchise, ~he following terms, phrases, words, and abbreviations shall have the meamng given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of the other gender. The words "shall" and "must" are always mandatory and not merely director)'. 2.1 "Access" shall mean the availability of the cable system for use by various local governmental agencies, including the County and thc County's schools to acquire, create and distribute p'ro[Tamming not under thc Grantee's editorial control, including: 2.1.1 "Educational Access" shall mean access where schools are the primary or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mean access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; 2.2 "Affiliate," when used in relation to any person, shall mean another person who owns or control-,;, is owned or con,oiled by, or is under common ownership or control with, such person. -- 2 AGEt~DA)TE4VI / x JUL 2 9 t~7 ~ 1 2 3 4 5 6 7 9 l0 il 12 !3 14 15 16 17 18 19 20 21 22 24 25 26 27 29 30 31 32 33 34 36 37 38 39 40 41 42 43 2.3 2.4 2.5 2.6 2.7 "Basic Cable Service" or "Bazic Service" shall mean any service, tier wi'Ach includes the retransmission of local television broadcast, signals and access channels. Tb./s definition shall be de~mne-.'l to change consistent with ~u'ly changes in the definition of this term by the Federal Coromunications Comnfission. "Cable Operator" shall mean any per'son or group of persons: a) who provides Cable Service over a Cable System and directly er through one or more affiliates owns a significant interest in such Cable System, or b) who othccwise controls or is responsible fo,', through any arrangem~mt, the management and operation of such a Cable System under a Franchise with Collier County. "Cable Ser~'lce" shall mean: a) the one-way transmission to Subscribers of (a) video progranuning, or Co) other prograrm'ning services, and, b) subscr/ber inter;,ction, if any, which is required for the selection or use of such video prograrrmfing or other programming services. "Cable System" means a facility, consisting of a set of closed transmission paths and associaed signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and wbdch is provided to multiple subscribers within a community, but such term does not include: a) a facility that scv,'es only to retransmit the television signals of I or more television broadcast stations; b) a facility that serves subscribers without using any Rights-of-Way; c) a facility ofa cormnon carrier which is subject, in whole or in part, to ~e provisions of The Communications Act of 1934, a.~ amended, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (c)) to the extent such facility is used in the transmission of video programming directly to Sub.fibers. "Channel" shall mean a 6 MHz band of analog frequencies, or future encoding st~mdard, in the ehxtromagnetic spectrum (or any other means of tran.mfission, including but not limited to optical fibers, which is capable of carrying the equ/valent signal or signals), and includes uses of all or any portion of such band of frequencies for digital video/television signals. "County" shall me:m the Collier County, Florida, or the area within the present county lmfits or as such lb-nits may be changed. AGENDA JUL 2 I 2.9 2 3 4 2.10 5 6 8 2.11 9 tO 2.12 I1 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2.13 2.14 2.15 "County Commission" shall mean the Board of County Cmrmfissioners of' Collier County., Florida. "Customer Service Standards" shall mean those standards adopted by the FCC and the County (to the extent not inconsistent with those of the FCC), wh/ch govern the ma,-mer in which Grantee interacts with the public and its custom~'s. "FCC" shall me:an the Federal Cornmuv, ications Cormnission or any successor agency. "Franchise" shall mcan an initial authorization, or renewal thereof, (including a ~newal of an authorization which has been grab:ted subject to 47 U.S.C.§ 546 ), issued by the County, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System but neilher supersedes nor takes the place of any license, license fee or permit authorization which might otherwise be required for the privilege of transacting business within the County. "Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross Revenues paid for the use and occupation of the County's Rights-of-Way and for other purposes. "Grantee" or "Franchisee" or "Company" shall mean the person, firm, or corporation to whom a Franchise, as herein above defined, is granted by the County and any lawful successor, transferee or assignee of smd person, firm, or corporation. "Gross Revenue:i" shall mean all revenues collected by the Grantee from the sale of cable television video or audio programming services, video loch services, and video games provided l:,y Grantee within the Count>', specifically derived from Subscribers located within the: Count. a) Such revenue includes, but is not limited to fees charged to Subscribers for: 1 ) any video and /or audio program service; 2) installation, disconnection, reconnection or service maintenance agreements; and 3) equipmmal rental; 4) leased spectrum; 5) advertising sold by either the Grantee or its agent, and 6) home shopping services. The sum of the aforementioned shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. b) Such revenues do not include those derived from: i) Other Communication Services; a~>d 2) signal carriage (e.g. marketing coop dollars, launch dollars and retransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (e.g. customer terminal devices); 6) any sales, excise or other tax co' 4 I 2 3 4 5 6 ? 8 9 1o 1! 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 2.16 2.17 2.18 2.19 2.20 2.21 2.22 :2.23 2.24 on behalf'of any goverrm~ental unit; 7) reimbursements for expenses (e.g., returned check Ibc:'; and copy expenses); 8) items excluded by Local, State or Federal Law; or 9) loc~l 'IW production and / or related program revenue. "Institutional Network or l-Nel" shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned facilities and not for residential cable Subscribers. "Other Commtmicatious Scr*4ce" shall mean information audio, video, data telephony, Interr;el access, text service, electronic conmmnication (e-mail), et' any other lawful service that Cable Operator makes available for purch~.se Oy Subscribe; "Per, on" shall mean an individual, partneL'ship, association, limited liability company, joint stock compmy, trust, corporation, or governmental entity; "Public Buiidln gs" shall mean publicly supported K-I 2 schools, Federal, State, County, government owr ed or leased buildings which are occupied by Count), employees for the sole use of conducting County Business "Educational, or Governmental Access Facilities" shall mean a channel capacity designated for ec'ucational or governmenl use. "Publ:c Way" or "Rights-Of-Way" shall include the surface, the air space above the surface, and the area below the surface of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tmmel, park, parkways, squares, viaducts, waterways, greenways, utility e~sements, and other public property now or hereafter held by the County or the State which shall entitle the County and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable System. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use ofsuch terms, be deemed to gain only such rights to use property in the County as the County may have the undisputed right and power to give or as granted by Federal or State law. "Reasonable Notification" shall mean 14 business days for all non financial related matxers and thirty' (30) business days for financial manet's. "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable Service of Grantee pursuant to this Franchise. "Sen'ice Tier" sh ~11 mean a category of Cable Service or Oxher Communications services provided by a Cable Operator and for which a separate ~te is charged by the Cable Operator; 5 - A GENDA~I,T~ ~ JUL 2 § ~? Section 3. Franchise Territory 3.1 The cable television fi'an:hise granted under this S~cfion shall include the geograpkic area described as Ce!lier County, and the specific Public Ways necessaG, to serve such areas. 6 7 9 10 I1 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 40 41 42 43 Section 4. Nature ~nd Terms of Gran! 4.1 Grantor does hereby convey to the Grantee a fi'a,~chise to construct and operate a Cable System, using owned and / or leased facilities, which ma), be located in the County Rights-o f-Waj'. Nohvithstanding, Grantee may, in its sole discretion, elect to lease, for example, tibet' optic, coaxial and mulli-pair cable and other cable communication facilities or program services from other Count), franchised provide~ of Cable Service to support the operation of its Cable System. Notwithstanding the requirements of Section 30-28 (g), the franchise granted herein shall run for a term of' 15 )'ears commencing upon acceptance by Grantee. The renewal application submitted with a $5,000 check meets any and all financial obligations to satisfy Grantor's renewal process of this Franchise Agreement. 4.4 Public Rights-of..Way use conditions. 4.4.1 All facililies shall be constructed, installed and located in accordance with the following terms and conditions: 4.4.2 The Grantor requires, at no cost to the County, the Grantee to locate its cable television facilities within the Rights-of-Way when the Grantor intends to conduct excavation projects. The Grantor shall be responsible for damage to cable television facilities caused by the negligent or intentional acts of its employees or agents. 4.4.3 The Granlor reserves the right, upon reasonable notice, to require the Grantee at its expense to protect, support, temporarily discormect, relocate or remove from the Ccuntfs street any property of the Grantee by rea.son of traffic conditions, public safety, street construction, real or planned excavation, change or establishment of street grade, installation or planned installation of aewer~ drains, water pipes, power and / or communication lines, tracts, or other types of structm'e or improw.'ments by governmental &genciea or any other ~tructure$ proposed for public improvement. Reasonable notice for this proxfsion shall be in writing and shall be delivered to the Grantee at least ninety (90) days, except in the case of emergencies where no specific notice period shall be required. The Grantor shall 6 -- ^~ ~,~ T JUL 2 9 1~? Pg .._.----_.~ 3 4 6 7 9 tO 11 13 J6 17 t~ 19 2O 21 22 24 25 26 27 28 29 3O 31 32 33 36 3'2 38 39 41 42 43 4.5 4.6 4.7 endeavor to notify and seek comment fi'om the Gv, mtce with respect to minimizir:g disruption to the cable system, where public works projects may affect the Grantee's Cable System. 4.4.4 Wheneve~ a public way exists to accon'm~odatc thc Grantee's system, thc Gray, tee shall not locate its facili!ies offthe Right. of-Way and shall make eyeD' effort to locate its tcleconu'nurdcations facilities within the public way before seeking private easements within the Cotmty. The Grantee, at no cost to the County or the Sta:e, shall relocate its facilities and appliances which are in conflict with County projecls to upgrade or construct roadways. 4.4.5 The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably or intentionally interfere with the construction, location and maintenance of sewer and / or water mains, lines, or connections. The Grantee shall take appropriate preventative measures to prolect existing facilities within the Rights-of-Way. 4.4.6 Grantee sh~dl restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material to their former condition at the Grantee's expense, and shall thereafter, fi.om time to time, but no longer than one (1) year from the completion of the job, readjust, fill and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the Public Way. 4.4.7 The Grantee shall adhere to all Federal, State and Local laws, rules and regulations regarding the location, construction, and maintenance of its Cable System facilities within the Rights--of-Way. All franchisees are required to obtain construction permits for cable system facilities to be installed in Rights-of-Way. The Grantee shall, subject to commercial practicability, m~c its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for Grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. The Grantee reserves the right to deny new service or to terminate current service to customers who obmn the service in manners not authorized by the Grantee, have a history of multiple failures to make timely payments. The Grantee shall mike its Cable Service available to Subscribers in the~County at rates ? AGENDA J,TE~- · JUL 2 9 1.q97 1 2 6 ? ZO 12 13 15 17 20 21 22 23 24 26 27 2~ 29 3O 31 32 33 34 35 36 37 38 39 4O 4! 42 43 that comply vSth FCC guidelines. lmm'connection oi7 Cable Systems 4.8.1 The Grantee shall have the capability to be interconnected with other adjacent Cable Systems. At a mini~nm'n, the Cable System shall be capable of intereormccting govermnent access channel (s) progran'mfing to other adjacent Cable Systems. 4.8.2 The Grantor ma), request the Grantee to negotiate interconnecfion of the govermnent access channels (s) with other adjacent Cable Systerns in the general 4.8.3 Grantee shall comply with State and Federal law regarding intercomlection of its facilities with other Cable Systems. Section 5. Customer Service Standards County has determined that it is in the best interest of its residents and consistent with the public convenience and necessity to adopt Customer Service Standards for the provision of Cable Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, Collier Count), Code, Chapter 30 § 55, to the extent that such provisions ;ire not inconsistent with those of the FCC. Section 6. Compensation, Auditing and Other Payments 6.1 Grantee shall pay the County throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 All such payr;~ents of Franchise Fees shall be made payable to the Office of Franchise Ach'ninistration quarterly in accordance with Chapter 30-28(k)(2), for the preceding period payable within sixty (60) calendar days after the c.md of the calendar quarter for which the payment is made. Franchise Fee payments shall be accompanied by a quarterly report itemizing and setting forth the revenues / receipts and showing the calculation of the payment due for the preceding period. 6.3 The payment of the Franchise Fee by the Grantee is for the right to construct and operate its Cable System, as deft.ned herein, within the Grantor's Rights-of-Way and is in lieu of a Rights-of-Way use or encroachment fee. 6.4 The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official of the franchisee JUL 2 9 L~7 ~"" / -.- 3 4 $ 6 ? $ 9 tO 11 12 13 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 responsible fbr the Cable System's financial slatcments, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations for the previous calendar year. Upon ten (10) days prior writlen notice, hhe Grantor shall have the right to conduct an independcat audit of Grantee's records. The Grantor shall have the right to audit a Grantee's riscal and financial records, and Io recomputc any amounts thal are payable under Section 6 by the Grantee for a petted oftwcive months after receipt thereof, after which pa}wnents shall be final. Any additional amounts due the Grantor as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee by the Grantor of the unde~ayment, which notice shall include a copy of the audit. If, after resolving any dispute arising fi'om such audit, Grantee has made a Franchise Fee underpayment of ten percent (10%) or more, the Grantee shall assume all reasonable costs of such audit. In other events, the Grantor shall beat all costs and ~es associated with any such audit. 6.5 All Grante,.-'s books and records concerning its Gross Revenues and its calculation ofpa3n'nents to the Grantor, shall be available for inspection by an appropriate officer of the Grantor, or/ts designee, at reasonable times to determine the amount of compensation due to the Grantor from Grantee m~der this Franchise. Such records sh~,ll be kept so as to accurately show the same. Grantee shall prepare and make available to the Grantor at times reasonably requested by the Grantor and in the form prescribed by the Grantor after consultation with the Grante~, such reports with respect to its Cable Syst~'n and the Gross Revenues derived therefrom, as the Grantor may de~-n reasonably necessary or appropriate. 6.6 In the event Grantee makes an under payment or in the event Grantee fails to make any payment on or before the date it is due, Grantee shall pay interest at a rate of one percent (1%) per month on any such under payment and/or late payment. Interest shall not accrue, with respect to under payments, until such time that the Grantee is notified about any alleged underpayrnem by the Grantor. 6.7 Consistent with federal requirements, the Grantee shall file no less frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and subscriber terminal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall also make available to the Grantor copies of all filings, reports and peftions to local, state, or federal regulatory agencies. Section 7. Franchise -, Not Exclusive This Franchise shall be non exclusive. The Grantor reserves the right to grant franchises to other persons at any time or to contract with any other person for the use of the County streets or property for the operation of other Cable Systems. 9 AGEiiOA,AT[i JUL 2 4 9 ~2 ~4 16 19 20 22 2~ 24 2~ 26 27 ~0 ~9 40 42 43 If Grantor ~ants or modifies any overlapping cable television service franchise within its jur:sdiction and the terms ~tnd cor~ditions imposed therein are less burdensome or more favorable than those required in any existing franchise, the Grantor shall concurrently modify all applicable existing franchise obligations to reflect such less burdensome or more favo.~able terms ~acl conditions ~ the fi-anchised geographic area. Section g, 8.1 8.2 Section 9. 9.1 9.2 9.3 9.4 Section 10. No-Waiver The fail'are of the Grantor, upon one or more occasions, to exercise a ri~t or to require compliance or performance under this Franchise or any o~er applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in gwiting. Waiver of a breach of this Franchise or any section of Chapter 30 of the Collier County Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the County. Regulation The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Any failure by the Grantor to promptly enforce compliance with this Franchise in accordance with Federal, State and Local laws and ordinances shall not relieve Grantee of its obligation to comply with any provision of this Franchise. The Gr~-ntec's rights, without limitation upon the County's regulatory, authority, pursuant to the Communications Act of 1934, as ;nnended, or any other subsequent Federal or State law, shall not be abrogated or other,vise limited. Following reasonable notice, the County reserves the right to inspect the installation and maintenance of the Cable System. The Grante,: shall comply with all Federal, State and Local regulations, applicable to its Cable System, such as the Nalional Electrical Code, National Electrical Safety Cod,:, Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry Committee), traffic safety. / lane closure rules and consu'uctio::~ requirements promulgated by the County. Cable System Design and Construction I0 JUL 2 9 19<37 I !0.! 4 S 10.2 9 tO il 12 13 16 17 t9 20 21 O22 23 24 25 26 27 28 29 30 31 32 33 3~ 35 36 37 38 39 40 41 42 43 10.3 Section 11. 11.1 11.2 !k-x:t~on 12. 12.1 Grantee rex;ognizea and hereby ~ to ammfit flaetf to eompharsve with all aspects of the Social Connect ~xl the Social Co,mae: Amemtmexm Caantor recogaizes ~md acc..epts that Gr~tee will u'pgr~e its C.~ble Syalem in compliance with the Social Contract trod the ,Social G:mtr'act Amezxlment, in all re'ess of the Cotmty where it is economicMly fea.q'ble. The Grantee shall make available for the Graator's impection all hybrid fiber coaxial (Hi'C) s.v~em design maps for Grantor's review. SMd review will take place an the premise of Gra. ntee's place &business ]ocawxl wi~n the Count.. The Grantee agr~s to satisfy all FCC technical :equirements obligated for a cable sys~.em. Continuing Te*~ts The Grantee shall perform all tests necessary to demonstrate compliance with thc requirements 47 CFR 76 subpart K. All tests shall be conducted in accordance with the FCC"s rules. All construction maps will be made available for the review of the Grantor no less than ten (10)..'lays prior to the corrm~encement date oft.he upgrade. Said review will ta&e place on the premises of Grantee's place of business located within the County. "As built" maps are considered prophetary and shall be made available to the County ul:q>n vo'/aen request pursuant to an appropriate request for confidential t~eatmer~t. Such maps should designate the Iocat/on of Grantee's faciliti ~.s. Government Access Provisions Thc Grantee shall set aside a total of two (2) channels of!ts transmission capacity for government access on the residential distribution ry~em. The first of the two (2) channels is currently available. The second of the two (2) channels will be made available to the Grantor/mmexliately upon its technical feasibility on or before September 30, 1999, wkichev~ comes fa-st. The County is obhgated to arrange with ~te Collier County Public School System, and the Col!ice County Public School :System only, for sharing the ehaanel (s). 12.1.1 Thc Grantor agrees to provide prognmmfing on the first of the t~vo (2) ch~p. ncls to utilize formats limited to beta, % inch, digital technology or formats generally considcrcd to be technologically ri.ore advanced. Specifically, the Grantor agrees to ~e utilizing ½ inch tape format (s) I1 ! 3 4 $ 6 ? 9 11 13 ~4 lT 19 20 21 24 26 27 .30 31 32 33 34 36 ~9 40 41 42 43 12.1.2 12.1.3 12.1.4 12.1.5 eff, ztive July 1, 1998, as a format from which progl'armning will be cablecast. The Grantee agrees to pay the Grantor a one-time donation of $145,000.00 for the sole purpose of purchasing television production related equipment to be used at the sole discretion of the Grantor. The Grantor agrees to provide and be responsible for all necessary maintt.mance personnel, at its expense, to acquire and produce programming through the use of such facilities. The irantee will have no responsibility for maintaining or securing equipment owned or operated by lhe Grantor or the Collier County Public School System. Government access programming for the first of the two (2) channels will be made available immediately by tl.e Gramor pursuant to Section 12.1. Th,: Grantee shall provide, without charge to the Grantor, signal transportation for the first two (2) government access channels and shall be provided without charge to the Grantor from the point of origination (specifically Third Floor, Collier County Administration Building, 3301 East Tamiami Trail, Naples, Florida) to the Grantee's interconnection hub site located on Bonita Grand Road at the northwest comer of Exit 18 of l. nterstate 75 for distribution on the Grantee's Cable System originating fi.om the interconnection hub site. Govemmen! access signal transportation for the second government access channel will be al the sole cost (to construct and maintain) at the expense of the Grantor fi.om the point of origination to the Grantee's pr,:scribed interconnection hub site for distribution on the Cable System to Collier County Subscribers. Should the Grantor successfully negotiate with the Collier County Public School System (and the Collier County Public School System only) for the use of eight (8) Instructional Television Fixed Service (ITFS) channels. Grantee agrees to contribute a one-time contribution of $25,000.00 to go towards the Ca'antor's expense (s) related to the installation and maintenance of said Instructional Television Fixed Service {TITS) directing C, rantor's 0nansnfit) signal to Grantee's (receive) designated ITFS receive location lozated on Bonita Grand Road at the northwest comer of Exit 18 of Interstate 75. In the event the Grantor makes use of the Instructional T~:levision Fixed Service (ITFS) technology., Grantor is responsible for all maintenance related to delivering and maintaining adequate signal quality to the Grantee's interconnection hub site location. 12 JUL 2 9 12.2 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 13. 13.1 12.1.6 The Grantor shall be responsible fog all progranm'fing cablecast on said cl',~annel (s'~ 12.1.7 The Grantee shall nol be responsible for programming cab!ecast on said chaxmel (s). The parties agree that any cost to the Grantee associated with providing these government access channel (s) and / or related services, facilities, and equipment under tkis Franchise, including without limitation, the an'tounts set for'ih herein are no~ pa.~ of the Franchise Fee, and fall within one or more of the exceptions to 47 U.$ C {i 542. InstitufionM Network Provisions The Grantor and the Grantee recognize that a closed loop fiber optic Institutional Ne~'ork allowing for governmental, non-commercial communications by and between th.- Grantor's owned or leased facilities may be desirable. Therefore. The Smntor will have ninety (90) calendar days from the time the Grantee provides written notification to con.em Grantor's interest to either lease or purchase fiber facilities from Grantee. Grantor and Grantee recognize that the ninety (90) day period of time is a firm window ofopporlunity for Grantor to provide all necessary documentation to Grantee required by Grantee to proceed with the project so Grantee may begin to administer the Institutional Network project on behalf of the Gr'~tor. Should the Grantor, at ils sole discretion, elect to purchase said fibers, Cn'antor will reimburse Grantee for all expenses (labor and material) incurred for the placement and subsequent maintenance of said fibers at cost plus 11.25% increment as allowed by the Federal Corr~numcation Commission {FCC). Grantor is responsible for mapping, designing and technical specifications as well as material specifications of Grantor's said Institutional Network needs. In the event the Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to iel.sc ~id fibers at terms and conditions acceptable lo both Grantee, and Grantor. The construction and maintenance or lease of the Im'iitutional Network will be~ governed by a separate contract to be negotiated ia good faith between the Grantee and Grantor upon notification from thc Gra.nlor that it plans to proceed with the project and has developed plans for utilization of the Institutional Network. Grantee agrees to wc, rk in a cooperative fashion with Grantor and its agents while the ~3rantor designs and selects components necessary to implement its applications relative to the Institutional Network and, if Grantor request, Grantee shall furnish terminal equipment at Grantee's cost, provided that the .-...,... _..__ $ ? 9 10 27 29 37 ~0 42 13.3 Section 14. Section 15. 15.1 15.2 Grantee is reimbursed for .-,add expenses plus 11.25% a.s allowed by the Federal Commnv,ications Con'anis:6on (FCC) by the Grantor. The parties acknowledge that the agreement regarding usage of the Institutional Network is subject to all Local, State, and Federal law. The Grantor or public agency agrees to inderrmil~y and hold harmless the Grantee fi.om and aga/nst any and all claims, damages, liabilities, costs and expenses, including rea.tunable atlome:y's fees and costs directly related 1o the malcrial under the Grantor's or public agency user's exclusive control carried on the Institutional Network, including but not limited lo, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Assignr, aent (a) 'lhis Franchise or control thereof shall not be transferred or assigned without the prior v,~tten approval of the Franchise Authohty, which approval shall not be arbitrarily or unreasonably withheld or delayed. (b) For purpose of this Section, a transfer or assignment of this Franchise or control thereof between commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a transfer or assignment. Control shall mean majority (over 30%) voting control of the Franchisee. An affiliated company is one that directly or indirectly or through one or more intermediaries, controls, is centrolled by or is under common control with another person or entity. Remedies In addition to any other rights set out elsewhere in this Franchise, and subject herein, the Grantor reserves the right to declare a forfeiture of th/s Franchise:, and all of Grantee's rights arising hereunder, in the event that: 15.1.1 7he Grantee is found by a court of competent jurisdiction to have violated arty material provision of this Franchise; or 15.1.2 The Grantee is found by a court of competent jurisdiction to l'ave practiced any fraud or deceit upon the Grantor. The Grantor shall give Grantee thirty (30) days written notice of its intent to exercise its fights under this Section, staling the reasons for such action. If Grantee cures the problem within the ~irty (30) days notice pe~ '6a~o[~%A9T~_14~ JUL 2 9 1997 l 3 4 $ ? ~4 2O O23 24 25 26 27 28 29 30 31 32 33 34 36 3'/ 38 4O 41 42 43 Grantee initiates substaqtial effort to remedy the stated problem and the efforts continue in good faith, then the Grantor shall not have the fight to declare a forfeiture of the Fran. chise. IfGrmtee fails to cure the stated violation within the thirty, (30) days notice period, or if the Grantee does not undertake efforts satisfactm.'y to the Grantor to remedy the stated violation, then the Gr;mtor, upon reasonable notice, may impose any or all of the remedies available herein. Section 16. Expiration and Renewal Renewal of this FrancNse shall be governed by applicable State and Federal Law. Section 17. Confidential Information Grantee may identify, inlbrmation, such as trade secrets, submitted to the Grantor as confidential. Grantee shall prominently mark any information for which it claims confidentiality with the word "Confidential" in letters at least one-half (V~) inch in height, prior to submitting such information to the Grantor. Grantee may request the Grantor treat records containing trade secrets or proprietary infi~rmation as confidential under The Florida Public Records Law. To the extent authorized by Th,.' Public Records Law and other applicable State and Federal law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee Should the Gramor receive a requesl to review Grantee's records or books under the Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 18. Forum for Litigation Any litigation between the Grantor and Grantee arising under or regarding this Franchise shall occur, i fin the state courts, in the Collier County Superior or District Court having jurisdiction thereof, or if in the federal courts, in the United State3 District Court for the Southern District of Florida. Section 19. Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receip~ requested, addressed as follows, or to such other address as the receiving pan>, hereafter shall specifs' in writing: 15 1 6 ? 9 l0 11 12 14 16 17 2O 21 22 23 24 26 2'/ 29 30 31 32 33 34 35 36 3'/ 38 39 41 42 43 If to th~ County: Comity Ach'ninistrator Collier County 330I Tarniam. i Trail East Napl~, Fl 34112 WKh a copy to: Franchise Administrator Col!let County :3301 Tn.miami Trail Eaxt Naples, Fl 34112 If to the Grantee: 'Vice President MediaOne 301 Tower Road Naples. FI. 34113 With a copy to: Senior Vice President Southeast Region IVfediaOne '7800 Belfort Park--'ay .~acksonville, FL 32256 Section 20. Severa~bllity If any section, subseclion, sentence, clause, phrase, Jr other portion of this Ordinance is, for any reason, declared inval:id, in whole or in pm, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate:, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section 21. Non-D,qs crimlnalton The Grantee shall not cliscriminate in an>' manner on the basis of age, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divestitu re This Franchise shall not divest the County of any right or interest in the Rights-of-Way. Section 23. Financial Stability Grantee will provide Grantor, on mn annual basis, a current financial annual report and FORM 10-K to satisfy requirements of Gnmtee's credit worthiness. 16 -- JUL 2 9 / / 1 2 3 4 6 ? $ 9 I1 12 13 14 15 16 17 18 19 20 21 22 2a 25 26 27 28 ~9 30 31 32 33 34 35 ~6 37 38 39 4o 41 43 Section 24. Remedies - Cumulative All remedies provided under this franchise agreement or Chaplet 30 of the Collier County Code shall be cumulative, tmless other~,ise expressly stated. The exercise of one r:mcdy shall not foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the Franchise. Pemedies may be used singly or in combination; in addition, the Coun .ty may exercise any fights it then has under applicable law. Section 25. Books and Records - Inspection The Grantor may inspec, t the books, records, maps, plans, and other doctm~ents, including financial docmnents, in ',he control or possession of the Grantee: (1) to enforce the Grantor's rights or assess complia.nce with the Franchise and applicable law; (2) in the exercise of any lawful regulatory power; or (3) as may be convenient in connection with m~y proceeding the Grantor may or must conduct under applicable law with r--.spect to Grantee's Cable System. The mateTial may be duplic~.ted at a County facilib' unless the County agrees to inspection and copying at some other place. Material that the Grantor requires Grantee to produce under this Section shall be produced upon reasonable notice, no later than 30 days afOoT the request for production. Requests for extensions of time to respond shall not be unreasonably denied. Grantee may request that the County treat records containing trade secrets or proprietary information as confidential under the Florida Public Records law. To the extent authorized by the Public Records law and other applicable State and Federal law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Gxantor receive a request to review Grantee's records or books under the Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a coart order to protect its proprietary information. Section 26. Books ami Records - Reports and Responses to Questions 26.1 Grantee shall provide the following reports to Grantor: 26.1.1 A quarteTly Franchise Fee report listing revenues received, by category, in a form similar to attached Exhibit A; 26.1.2 Grantee shall file with the Grantor any notice of deficiency, forfeiture, or other document issued by any state or federal agency which has instituted an), investigation or civil or criminal proceeding naming the cable system, the Grantee, or any operator of the Cable System, to the extent tile same may affect or bear on the operations of the Grantee's Cable System. 17 1 2 4 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3~ 31 32 33 35 36 37 38 39 40 42 43 services which are provided v, Sthout charge to any Public Building, neither the Grantor nor any other person may resell ,.',ach services. Notwithstanding any arrangement to the contrary under former franchises, the G~'antor shall pay the Grantee's current rate for Cable Service and Other Communications Services used by the Grantee as well as all other charges and non-recurring charges for installation ;tad other serviceable facilities asseciated with Cabte Service. Section 32. Four Year Review: Performance Monitoring 32.1 During the years 'which commence on the fourth anniversary or any multiple thereafter, of the effective date of the Franchise, the Grantor may commence a review o£Grantee's performance under the Franchise. As part of this review, the County may consider: a) whether the Grantee has complied with its obligations under the Fnmchise and applicable law; b) whether customer service standards, technical standards, or bond or security fund requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the Grantor, or the public. 32.2 The Grantor may conduct public heatings to provide the Grantee and the public the opportunity to comment on the Grantee's performance and other issues considered as part of the four-year review. 32.3 Any revisions to this Franchise Agreement which either the Grantor or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 32.4 Periodic Evaluation, Review and Modification. 32.4.1 The Grantor and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of tlexibility in this franchi:~e, and to help achieve a continued, advanced and modem Cable System, the followSng evaluation and review provisions will apply: a) The Grantor may, upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, there shall not be more thm~ one (1) evaluation and review session during any four (4) year period. _ 19 JUL 2 1 2 6 ? 9 12 14 19 2O 2! 22 2~ 24 25 26 27 28 29 ~0 ~2 3~ 37 39 4O 41 42 4.3 b) Topics which may be discussed at ,,~y evaluation and review session include, bul are not limited to, rates, channel capacity, the system performance, proL~'antming, educational and government access, municipal uses of cable, .~ubscriber complaims, judicial ruli. ngs, FCC rulings and any other topics the Grantor or Grantee may deem relevant. c) Doting an evaluation and review session, Grantee shall cooperate fully with the Grantor and shall provide without cost such reasonable information and documents as the Grantor may request to perform the evaluation and review. d) As a result of an evaluation and review session, the Grantor or Gra.ntee may determine that a change to the system or in the ~erms of the Franchise may be appropriate. In that event, either the Grantor or Grantee may propose modifications to the system or the Franchise. Grantee and the Grantor shall, in good faith, review the terms of the proposed change or any proposed Amendment to this Franchise and seek to reach agreement on such change or Amendment. 32.4.2 The Grantor and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other part), changes in the system or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise, or with applicable: law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise. Section 33. Conflict with Cable Master Ordinance 33.1 The provisions of the Master Ordinance, are hereby incorporated herein by reference as if set out in full, and form part ofthe terms and conditions of this Agreemenl. In the event of any conflict between the terms and conditions of this Franchise and the provisions of the Master Ordinance, the terms of this Franchise :;hall prevail. 33.2 The Grantor has examined the Ma~ter Ordinance and finds certain provisions unnecessary, in view of the renewal stat'u$ of'he three fi'anchises. Therefore, the Crrantor elects to waive the applicability to Grantee during the term oft.his franchise ofthe sections: ( a ) S~. 3042 (0; ( b ) Sec. 30-54: ( c ) Sec. 30-61 Sec~on 34. Rese,'~,atton o1! Rights G'rantor and Grantee reserve alii rights that they may possess under the law tmless expressly waived herein. JUL 2 9 ~7 ~'~ / 1 3 4 5 6 ? 9 10 Il 12 13 !5 16 17 19 2O 21 22 26 27 28 29 30 31 3~ 35 36 38 39 ~2 Section 35, Accept. an ce of Frnnch~.se Within thirty (30) calend~ clays following the grant of this Franchise, the Grantee shall file with the Cn'antor payment, ifappticable, relating to S~tion 12.1.2 requir~ herein, togetht:r with a certificate of insurance r~-quired herein. The Grantee shall state that it agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. Such a,:ccptance and agreement shall be itckx~owledged by the Grantee before a notary public, and shall in form and content be approved, by the County Attorney. Section 36. Grant This Franchise is granted by the County to MediaOn¢ Enterprises, Inc., pursuant and subject to the conditions and rexluirements provided by the Chapter 30 of the Collier County C~xle and applicable Federal, Stat,: and Local laws, rules and conditions. This Franchise bestows upon Cn'antee the authority to construct, maintain and operate a cable system, utilizing the Rights-Of- Way, to offer Cable Service and Other Communications Servic,:s within the County. 21 8 10 11 12 13 14 15 17 19 20 21 25 27 28 29 31 38 40 41 Section 37. Effective ])ate This AIuecm¢*a! ~.lI become eft~cfive at $:00 A.M. on the ___. day of ,1997. EXECUTED ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, FLORII)A, THIS DAY OF ._,1997. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY CONOAISSIO~RS COLLIER COUNTY, FLORIDA BY: Timothy C. Hancock, Chairman Thomas C. Palmer Assistant County Atlorney ACKNOWLEDGEMENT: MediaO~e Enterprises, Inc. hereby agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. By: Datc: Kenneth L. Fuch Vice President Notary Public Commission Expires 22 · AGENDA ~ JUL 2 9 19'97 PO.~ I 3 5 ? $ 9 I0 11 12 13 14 15 16 ~? 18 19 20 21 22 24 25 26 2? 28 29 30 31 32 33 35 37 38 39 40 41 ~2 Exhibit A Monthly FranctO, se Fee Reporting Schedule Cable Operator Address Contact Person Title Accounting Depax~:ne~lt Phone Subscriber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Service Rate 1.3 CPST Average Sub.Units 1.4 CPST II Rate 1.5 Premium Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Diuney Service Rate 1.9 Installation Average Completions 1. I0 Installation Average Rate 1.1 1 Complimentary Accounts 1.12 Penet',ation Statistics 2.'1 Total Homes Passed 2.2 Basic I Penetration LInit:; 2.3 CPST Penetration U~fits 2.4 Premium Service Penem~tion %-age 2.5 Disney Service Penelxation %-age 2.6 Churn: Average %-age Gross Revenue Detail Ite~xfiz~tion Cc~le 3.0 C~ble Television 3.1 Basic I 3.2 C. PST 3.3 Premium Revenue 23 Date: / /__ JUL 2 9 1~7 4 5 6 ? Il 12 14 l? 20 2! 22 24 2~ 27 2~ 2~ 30 32 4! 3.4 Sho',,,'tixn¢ 3.5 HBO 3.6 Disney 3.7 The Movie Charmel 3,5 Pay Per Vie. w 3.6 FM Radio 3.7 Converter R~'ntal 3.8 Rcwaote Con~'ol 3.9 Cable Guide 3.10 Launch Fees 3.11 Program Carriag,- Fees 3.12 4.0 A/O Services 4.1 Basic I 4.2 CPST II a.3 Premium 4.4 Showtime 4.5 HBO 4.6 Disney 4.7 The Movie Channel 4.5 Pay Per View 4.6 FM Radio 4.7 Convener Rental 4.8 Remote Control 4.9 Cable Guide 4.10 Launch Fees 4.11 Program Carriage Fees 4.12 5.0 Service Charge 5.1 Installation 5.2 A/B Switch Sales 5.3 Up/Down Grades 5.4 Late Payment 5.5 Check Return Fee~, 5.6 6.0 Commercial 6.1 Bulk (MDLr) 6.2 Contract 6.3 6.4 24 AGEHDA,J.~., ~ No. JUL 2 9 t~7 { 1 3 $ 9 10 11 12 13 14 15 16 17 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 36 3'7 38 39 4O 7.0 Advertising 7.1 Corruu~rcia! Ins~tion 7~. BaHe~ Agre~m~ts 7.3 Hom~/Auto Se]lurs 7.4 8.0 Shopping Channels 8.1 HSN 8.2 QVC 8.3 8.4 9.0 Video Production 9.1 9.2 10.0 Leased/Rentals lO.l L-A Channel 10.2 Facilities 10.3 10.4 10.5. Code Revenue-Source 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage 11.3 Equipment Sales 11.4 Munch Incentives 11.5 11.6 SUBTOTAL FKANC~SE FEE ~5% TOTAL 25 JUL 2 9 1997 pg.. c~ L Executive Summary RECOM'MEN~3ATION TO ~ A BAZOW ~OSS~O~EL~ON COBOL FOR TIlE COLLIER CO~q~ WATER~E~ZR ~ G~DL~ DIST~CFS ~)B, FECq'IWE: T'nat the Board of County Cmranissioners Ex-Officio the GovemLag Board of the County Water/Sewe: District ~dopt a Back. flow Croas.-Conne:Mon Control Ordinance to provide increasegl prot~t:ion for the customers and public uOlixJng the Collier Comity Water/Sewer and Goodl:md Water Dis~cts. ~Q~$! D EP, A, TI O~N_~: 1) Florida Administrative Code 62455-360 requires that ~ll public water systems have a Backflow Cross-Connection Control Program to prevent contamination of the public's water supply. In addition, Admini.mative Code 62-610.410(1) requires systems served by reuse water to have a cross-connection control program. The Florida IN:partment of Environmental Protection (F.D.E.P.) has requested that the County submit fl~e Program for review and approval. 2) The County's operating permits for both its potable and rem~e water systems require the Colmty to comply with all F'.D.E.P. Regulations and special conditions. Both of these permits have special conditions requiring a Backflow Cross-Com~ection Control Program. Staff has prepared the proposed Ordinance for the Board's consideration, as a means to comply with F.A.C. 62-555.360 and 62-6 ]~ 0.470(1) and these special conditions. 3) ) During StalTs last presentation of this Ordinance, the Board directed Staffto remove all of the single family requirements from the proposed Ordinance. Since that meeting, Staff has n:ceived correspondence .and had direct conversations with F.E,.E.P. regarding this issue. FD.E.P. has indicated ~at they would not accept any program that did not include the single ffcn/.ly requirements. F.D.E P. haq also indicated that they are considering issuing a Consent Order, w/th associated monelary penalty to the Coun~ WasteWater Department for operating a single family w~tewater rem;e system ,vithout the required Bacldlow/Cross-Cormection Control Program. F.D.E.P. has alsc, indicated that no more permits vail be issued for construction of the County's reuse systc~n and that the construction r mnit for the North County WasteWater e:tpansion may ~lso be held ur until the County's program is submitted and approved. Failure on the part of the Comity to ~ec. cive the F.D.E.P. construction permit muld result in Lhe County becoming ineligible for approximately $23 million in low interest state loans for that important capital expansion project. 4) As such, the program that has been brought back to the Board is very similar to l.~t wb. ich the Board previously reviewed. However, ~[o address a portion of the Board's concern relative tc, single family, ~taff b. as reduced the requirements for single fm'ni, ly using watewater reuse fxom a reduced pressure device, which is the reconunendation of the American Water Works Association (A.W.W.A.) to a double check valve, l'his will allow tho:~ systems servext by reuse to have their devices installed below ground in a small box or vault. However, because this e>:ception under Florida Administrative Code is exlended only to wastew&ter reuse other single family or commercial facilities served by an auxiliary water supply which utilizes a source water from a surface water body or other sources that may warrant ina~ased protelhon'w~.l[~ be required to install an above ground r~duced pressure assembly, because of 1.he }uaa,"d of C .ryptosporidiurn and Giaridia to the County's Public W,,ter System. StaB' tuts also ~kled lamg~age into the pro!~):~ed Ordinance that would also allow for the installation of a below tround double check valve, if the irrigation supplier has in.stalled tm approved trea~nent procc~ for removing or inactivating fids hazard. $) Durir~g the preparation of the proposed ordinance, Staff considered several key factors, including the health, safety and welfare of lhe Public, mLrfimizintl; the financial impacts to the County's Water/Sewer Distric! and its cuatomers, program q.ualil)' ~nd customer ser~dce satisfaction. 6).~ lem e n t a ti_o_n_Ql~.!l~n s During Staff analysis of how best to implement the proposed Ordinance, four options were identified as the most probable and are presented below for the Board's consideration. ![~flot~ l. - Under this option, the County would administer the program and perform thc ins'tallation, repairing, and testing of all backflow devices; as well as, provide all other mi~,;cellaneous services as required under the proposed Ordinance. 'Ibis option would require the nddition of 13 new employees and would have an estimated program cost over thc first five years of $ 3,567,508. !.)~[ion 2 - Under this option, the County would provide only adminismation of the proposed Ordinance. All installatio~a, repairs and testing would become the responsibility of the home or facility owner. The facilit~ owner would also be responsible for contracting directly with private sector providers to provide those services required under the proposed Ordinance. This option v;ould place the full compliance and financial responsibility on the home or facility owner, would require no additional employees m~d would have an estimated program co~l over five yem's ors 8,267,464. (~ioo 3 - Under this option, the County would administer the p~ogram, but all installations, ri:pairs and testing would be performed by the private sector through annual County service contracts to meet County ~uad State purchasing requirements. This option would require no additional shaft and would have an estimated program cost over five ),ears of $ 7,262,d45. ORtigP 4 - Under this option, the County would administer the program, while the required se.rv~ces would be provided by a combination of Count)' and private sex:tot reso'urces. The private sector resources would be obtained through a competitive bidding process to minimize ex,se; to the District and its customers. Tiffs option would require three additional employees and would have an estimated program cost over five years ors 5,301,9{;8. Sl~fl~ ~Re~ommcnded Ovfi~S! In cc,nsideration of the Bo~acl's desire to minimize the need for additional staff, ease ~: financial irrtl:mC! to the County's ctuaomers and utilize private sector resources when possible, Staff is recommending Option 4. 'Ilfis Option xvould allocate the provision of the .services rextuired by th,: proposed Ordinance in the following manner and dollar values: RECOMMENDED ALLOCATION isH." TO 2" HEALTH HAZARD Reuse ~,jrface W'~ter 5 Year Cc~t 1 $, .224,.~____.j ~VER FIVE YEARS 314" TO 2" NON-HEAl.TH ~T. ARD 222oI COUNTY $683,944 COUN T'¥ $72,701 COUNTY COUNTY $146.700 DtJRING YEAR__ON_E. RETROFITTING 3" TO 10" I 87 PR~ATE $917,6311 ~_Vi~R FWE YEAR~ N-~-'W iNStALLS Y"~r~O~e 315 COUNTY $63,038 ~r Two 315 COUNTY $63,038 Year Three 315 COUNTY $63,038 Ye~r Four 315 COUN3'Y $~3,038 Year Five 315 COUNTY $63,038 'rolal 1.575 j $315,164:) .Q._YER FIVE YEARS I 125 COUNTY I [NEW RETROFITS !~V[ER FI~E YEARS ESTING ~---~'r (~e 6125 COUNTY $91,875 e~r Two 6863 COUNTY $102,945 ear Three i 7601 COUNTY $114,015 ear Four 8345 COUNTY $125,310 ear FNe 9092 COUNTY $136,380 REPAIRS 314" TO 2" Y~r Or~e Ye~-r Two Year 'J'h r'~e Year Four PRIVATE PRIVATE PRIVATF ~03,307 PRIVATE Year Five PR ~VA'I'F. Total $418,.864 3" to 10" Year One Two -Year Three I ~ PRIVATE $27:300I PRIVATF- $30',92:41 · - 39: PRIVATE: $34,749! '- 42 PRIVATE! $38,788 .....46 PRIVATE $42,998_ ........... 1961 $174,767 Year Four . Year Five Total SUMMARY: VALUE OF WORK PERFORMED BY PRIVATE FIRMS: VALUE' OF WORK PERFORI~ED BY THE COUNTY: $3,492,034 $1,809,935 Under the implementation option recommended, a total of three additional employees would need to be added over the first five years of thc program to perform testing. This would includ,: one new cmploycc in year one, ax~other in year three and another in year five. 7) FlYDqDING OPTIONS l:hnS~g Staff a~l),sis of t~ow best to fund the proposed Ordinance, tahe two follow4ng options atapcar~ to be the most widely used by other Ulilities. ~.QIIRg. a_I_.' The County Water/Sewer District would fund through user fees the cos.~ to retrofit existing h~zards, while ali future hazardous connections would be requi~ed to barn the cysts associated with protecting the County's Public Waler system from thc tmzards c~-cated by their fac:~litics or activities. (Thb Option would r~ulr~ ail de~lces to be owned by the Com~ly.) .[2I~- Thc full cost of thc Program could be ac, ceased to the !~aecific home or property owners that .as a result of their facilitiea and/or activifi~ create a ha~ to the County's }Xablic Water system, aa dcfincd within t~5¢ proposed Ordinance. ('rhb Option conid be m,~! under bo~h private tend Couuty ownership of device.) tn consideration of thc Bc,ard's dcsire to minimize the financial impacu to existing County's customers S~aff is rccomm~d:[nj._O~~ option would recognize ttm system-wide benefit and protection al~orded to all cus~ .... program and would miniatize thc impact to existing custom,rs. J .lltl 8) Durin8 Ibc co~: of preparing the proposed Ordinance, Staff has conducted ti'tree public advertised Workshops. The last was held on July 9, 1997 and reviewed chanses to the proposed Ordinance and implcmentmion Options and recommendatiom, as requested by the Board of County Commissioners during the last Public Hearin8. Staff has also held or participa~.ed in several meetings with interested citizens and County Committ~:s and rcce. ived written comment during the process. In ,addition, this Ordinance has been rt~qe~ed s~l approved by the 'Utility Sub-Comminee of the Developmen! Service.~ Steer;ag Committ~. .G.R.Q$__~ ~dkNAGF,~X/T_[M_~_.A_~.~: Failure Io comply with F.A.C 62-555.360 and 62- 610.470{.1) and the C<mnty's special operating permit conditions have and could continue ~,o ~sult in enfumement action by the Deparunent of Environmental Protection. Additiona!ly, if the County fails to submit an acceptable ordinance, F.D.E.P. could delay construction of the North Count), Wastewater Treatment facility and po.~ibly the North County Water Treatment facility. Failure to complete the~e two projects on time could result in compliance issues with the Growth Management Plan and the Water/Sewer District's inability to meet customer demands in the future. FISCAL IMPA~-~.: l'he estimated fiscal impact to the County resulting from the adoption of the proposed Ordinance: will be determined by the final implementation and funding options approved by the Bo~u'd of County Commissioners. Should the Board adopt Staff recommendations, however, the estimated cost would be approximately $ 5,301,968 over the first five years of the program, in today's dollars. !~ECOMMENDATION.: The Water Director recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water/Sewer and Goodland Water Distric': adopt the proposed Ordinance along with any changes the Board may approve and direct Shaft' to prepare the necessary procedures, ,ardinance amendments, budget amendments, service contracts andjz~.l~nnel requests necessary to implement the Ordinance as adopted in final form. Approved By:~~ Ed Ilschn,.-r,~l~'~ ~Vor~ Administrator July 29, 1997 Regular Agenda I Il 1'7 18 19 20 21 22 23 2? 30 31 32 33 34 )9 41 42 44 46 47 ORD[I~AJ~CE NO. 9~-___ AN ORD L~{A~CE CRF_.ATLNG ~-'~%} ESTAB £.ISH~G A CROS~ONNE~ION CONTROL PR~;~M; SE~G FORTH THE PU~OSE: PRO~G DEF~[rlONS; PRO~D~'G ~LIC~'; PROVID~G FOR [NSTALI~TION, ~EN~NCE ~O TESTL~G ~QUI~MENTS FOR COL~ O~ED ~D O~ED BACKF~OW P~VE~ION ASSEMBLIF~; PRO~D~G ~NSIBILI~ES OF THE COLLIER COL~' WA~.R DEP~TMENT: PROVIDING PR~D~M R~NSIBILITI~: PROV1D~G FOR BACK.OW p~N~ON SYSTEMS: PRO~qD~G FOR BAC~OW pREVeNTION SYSTEM DESIGN; PRO~G SERVICE ~ND RE~RT~G SCHEDUL[~ ~ND REQL~MEN~ FOR ~ACK~OW PREVENTION ASSEMBLI~; PRO%qDLNG FOR TEC~CAL ~PLEMEN~ATION; PlRO~D~G FOR ~G; PRO%qD~G FOR TE~%I~A~ON OF SER~CE; PRO~ING FOR PEN~ES; PRO~ING FOR THE COLLE~ON OF ~, C~RGES ~ND ~TES; PROVIDU~G FOR CON~I~ SEVE~BILI~; PRO~qDING FOR ~CLUSION ~ THE CODE OF ~WS ~ND O~LN~NCES; ~ND PRO~D~G ~N EFFE~IVE DAT~ WHEREAS. Florida Adminislrativ¢ Code Rule 62-5SS.360 requires ~11 cornmU-"~ty waler ;;yslcms 1o have a cross-conn~¢O°n control proD"~'n: and ~'HEREAS. Flon~ AdmL,'tistrat~'.'c Code Rule 62-610.470 requires thal all commu,,'utles s~rved by reclaimed waler have a cross-coru~c'`ion control progr',trn lo pr~cn'` contJu'ranaO°n the potable waler syslem; ~d V~'HEREAS. cslabh~hmcnl and maintenance of · cross.connection control prog;r'~'n is · condition and rcqu~cmcn! of opera'`mi pcrrm'`s issued by thc Florida [~'` of Em,'irc.r~"~n~aJ Pro~¢clion Io I~ Collier County V,/atcr-Sewer DtSmcl ~ Ooodland V,'atc'r D~.sl r'ic h and '~,'HER£AS. ',he Bo~'d of County commissioners of Colher County. Florida. finds bc in '`he bcsl in'`cr~'` of '`he public lo have · County oDcralcd ~xt maint~'~,.-,d cross--conr~.'ction conltol progr',tm to monitor hazards to the Counrys Public Water System s.nd '`o pro'`~'t ibc' public I'~.~lth. s,~c~y and wclfa.te by providing for, ~'nong othc'r lhints, thc owrte~.~Jp, rt..pa, ir N testing ofbackflow prev~n0on a.sscmbLk"s. I~109,', THEREFORE. BE IT ORDAfNT. D BY THE BOARD OF COL~q'~' COh. LMISSIONERS OF COLLIER COUNTY, FLORIDA. that: _SECTIONO__~N: TITLE ANDCITATIOH. Tttis Ordinance shall be know~ ~s sad che~ as "l'be Cot~:r Count)' Cro~-Connect~on Control / Back:flow PTtwcntion Ordirmn~'. SECTIO.~. TWQ: fINDINGS. The Bo~d of County Corrn~k)ncrs h~reb¥ makes the rolk)wn"g findings: A. 'rba'` Iqorkla Actmi~stra~iv¢ Code Rule 62-555.360 and 62.610.470 req commt~r,.Jty water sys'`ems '`o eslabB~h a crou-conn~:tion control prog~rn to doec~ ~ pre-v~-m cros. s-connec'`ions thal create or ma), crc·re an immin~n'` ~ substantial c~ngt-r '`o public hcahh .; B. T~l ~he CoRk-r C~umy Wat~.Sewer D~tr/c~ ~ ~,e Good~d Water D~ co~y w~cr ~ ~ de~d by F~ A~ c C~e Ruk 62-550.2~ ~ ;~ ~ab~t ~ ~m~r~c ora cro~-co~n control pro~ condit~n ~ ~t of Co~ty's water ~ w~'a:~ o~t~ ~ts Good~ Wal~ ~t~ of ~ Co~ Cowry Wa~er-Scw~ D~t ~ t~ C~-4 Wat~ ~mro'~c~w preston pto~ ~lu~ prc~iom For ~t~n of ~w ~ek ~o pr~t t~ Co~[y's ~b~ 9/aim S~tcm ~om ~o.~ ~uted E. ~t it ~ ~ ~ ~t mt~t of t~ ~ of ~ Co~ Co~ty Wat~-~w~ D~tfict ~ G~d~ Wat~ D~t~t ~ I~ pubic g~ ~t ~. m ncco~e ~lmn wff~ cit~ t~ ~ Co~ WnI~-Sew~ D~mct or G~d~ Wat~ ~mtai~d t~ approp~e ~ck~ prcvc~t~n ~scmbly for t~ dc~ee of~d pr~nled SECTION THEE: DEFINITIONS. For t~ p~ oFt~ ~d~c. I~ dcF~l~ coned ~ t~ Sect~n s~ ~ply phil n~ ~lude t~ s~u~. ~ wor~ ~ t~ sm~ ~l~c t~ pl~ T~ word ~ Gao ~t~n: A ph)'s~ ~t~n ~'~n t~ ~-~wmg d~ge ~ of a waler supply pipebne ~ ~ o~n or ~n-pr~e r~ch'mg v~L ~ ~prov~ ~al~n s~U ~ at ~t ~ubk I~ d~t~ of the s~p~ p~ ~ ~ v~ ~ve t~ 6~oro~ Lin: T~ ~ of C~ ~:k~w ~'~l~n ~ " ' ' "~ ~t~ ~t)'onot s~bk~oa ~o~ Counq~'s w~t~ ~c~ w~h ~ ~ ~tt~ by ~ Fb~ ~nt o[ Env~o~ Pmt~t~n ~ ov~ w~ch fie Cowry ~ ~t ~ve ~ ~ntrol. A~ warm ~pp~ ~ludc wat~ ~om ~t~ pub~ wat~ s~p~, ~y ~1 ~cc such ~ a wee s~r~ ~r or ~d wal~, ~ water or ~ ~. ' t ? I D~ A rcver--..a] ofthc normal direc6on ~d w~cr or ~ o~ ~ wa~ ~ o~ ~u~. Co~t~'s Pubic W~l~ s~t~ ~om a ~cc or ~)~c~. Back~w ~y occ~ ~ t~ ~ s ~~ ~y e~vat~n of pr~ ~ ~n t~: supply pr~ o~ t~ County's wal~ $ ~~~mbh'. ~ro~ A ~h~ ]m or S~ EnB~ (~SE). ~ ~ Eo~n ~or C~ss-Co~l~n Con~] ~ H~ 12 R~ch (FCCC). ~ ~ ~ ~p~v~ for ~3 ~ck-s~e, by t~ Fo~n for C~-Co~,lmn Consol 14 publis~d m ~he FCC~s L~ of~p~v~ ~c~w IY~en~n ~b~. Is [~~~mbh' Te~ Equ~nl. A~ro~cd: Equip~m ~o~cd 16 ~hc ~;~bly ~ur~c~urcr ~d approved by ~ ~n~. ~: ~o~ Pr~cntlon ~mbh' Test Hot.ds. A~or0vcd: Mct~ds 18 ~ic~ Water Works ~cat~n (A%~A) or ~ Fo~ion For Cro~-C'o~t~n Con~l 19 ~d Hydr3u~c R~c~ch (FCCC). w~chc~cr ~ ~rc st~gcnt. 20 ~ack~ Control; A co~c1~n ~l~'~n ~ Co~ty's ~lcr ~s~cm ~ i ~"s :l s~tem with ~ approved ~d approp~lc ~ck~w ~rc~cnl~n ~mbl) pro[~ly ~d :: wiU coniinuo~ly a~ord pro~l~n ~a~ coni~n or 23 dc~o~ of ~d. :~ ~tckflo~' Prevention ~mblv Tcc~ A~,~rovcd: ~ a v~cl ~J c~ ccn~cale 6om I~ U~ily or F:b~ T~ECO C~I~ (t~ECO} :o cqu~Jenl ccn~cal~n pro~ ~ ~ ccn~ed ~c~w pr~'cnl)on ~mbly ~ ~ sub.fi:ted ~ proof doc~n~al~n ~o I~ ~ ~,~ A ~o~ or ~c~ow due lo a reducl~n oF pr~s~c m ~hc Co~ty's ~9 Pubic Wa~cr 31 ~ag~, ~d~ Ru~ or w~ co~ or 33 ~ For p~ or~ ~d~. ~ I,~ ~ ~ ~ ~ ~..~ d~ ~o ~l~c ~ Co~ Co~y Wm~-~ ~ty's ~b~ W~ S~' For ~ or~ ~d~. ~9 ~s-Co~n: ~ ~ ~m ~' 41 ~L ~o~gc r~o~, pl~g f~T~. ot I conurt:,inatecl water, so~,.ag¢ or ot~r v..~t~s or liquids of i.u~now'n or un..~f~ quality, wh,k:h m.t.v 2 bc e~o,~ble o£ ~mpamn$ contamb'mion to thc pubLk: v, aler systctn, as, I~e r~sul~ of bacldlov... 3 By-pas4 an'a.n$cm~nts, jun'~cr connections, rtmo,,',,blc s~:t~ons, swivel or chanitcablc dcvicc-s, or 4 Othc't I~:ttl~x,'~"y or perrl'l,l,,'~nt ¢:~-vice:s, L~ou~l wh~.h or bt'.c~u.,.,t of s ~ considered lo t~ cros. s-¢onncctio~ ~qies.s o~ht'twLt~ s~:~cif~:d ~'itlun th~ C,rdina~e. 6 ~.[.oss-Co~B. C'otl~rc,~; ~ ~qst~lktlon of ~ ~ptoved ba¢lc~ow ? assc. mbly a.s pa.~ o1' th~ Com'lly's ~rr'vice connection Io ,ii f~cLIJty wh~e [h~e ~ ~ ot R Dolcnl L,.J c'r o ss-co nnec1~on.s. 9 .C,j'~.s.~s-Co.nnccd~r~ Comrol ?ro~.~[~ Thc fu~ings, rtqub'cmcn~s ~,d procedurts t0 ~tab~.bed by th~s Ordinance ~ ~y ,,dminL,4mtK'c poBc~'S ~ opc.r~iona] procedures II estab~cd by Ih~ Dc'pa.,'~mcn! Io admb~tct and effectuate th~s OrdU'~ancc. I~ j~oa~rncnt: T~ Co!~'r County Wat~ E~parm~n~. l) [~L~blc Clwck V&lv¢ AsscmbK' I~I)CL Ap~rc~2,~l~ An ~,~mbly cornposcd of two 14 indcr,endcntly acting, check vidvcs including a tightly closing approved shut-off v,~v¢ localed at Is tach end ofthc zss~mbiy ,,.-~d approved connections (tcstcocks) for testing thc watcT tighmc,s,s of 16 e. ach check vaJve. Thc check v~h,.c sh~ pcrrrut no IczkaSe m a d~'ection rt-vers~ of norn~ I': The ck,sure clement shaU be lntcrr~U¥ weighted or othcrv.~ loaded Io ptornotc rap~ and 18 posltr~e closure and suppbcd wilh replacemt, nt v~dve scats, Ordy those double check Iq asscmbbcs (DC) approved b.', thc Foundation for Cro~-Conncct~on ControL Hycb'au~ Rtsc.~ch 20 (FCCC} and thc ~rncm a~e acceptable for 2t Double Dc~cctor Check ¥&h~c Asscmbb' {DDCI. Ac, oroved: An assc'mbl~ of 22 mdep~ndcmly ol~r~ng ~pproved ehc~ ~ with rep~e~bl~ 2~ ~rovcd shin-off vaK~s on ~c~ side ofth~ chccl~ v~. plus proper .~4 tes~cocks for thc tcst~¥ of tach chcck v,,N,¢. A b)~&~$ (de~ector) ,,rr'~.n~¢rr~-nt consL~in$ of~n ~¢m~b' for d¢~eaion of ~ or ~nau~hor~d u.~ 01' ~ ater. Or~)' v~e ~'nbL~s ~DDC) ~pproved ~). ~hc Found,on for Cross-Con~:~on ComroL R~c~ CFCCC) ~nd ~hc E~i~nn~m ,,,'e ~¢¢~'pt~b~ for ~s~aliad°n. ~ d~'t is con~:'~l or sc~ks m eon~ ~0 ~ Co~,' l%biic Water S)~. ~ ~1~ ~ ~ or ~~ of · ~ o~ ~t~ 0~. 39 or ~ ~ ~y ~ ~pp~ by t~ Co~ly ~b~ wal~ s~tm or ~ n~ wit~ s~tm or I Ground Wa~.~: W,,~er It~ ~ .,,,,~','~r~w,n ~'om 6 Wac~ Il $ubsl~cc I~ ~y wOUM ~t ~ a ~ ~ ~t wO~ acsl~lh:aUy obj~t~bE or cou~ ~ ~8¢ to I~ Co~[y's Pub~ Wa~ S~ or ~s I 7 I~d. S~slcm: ~ ~tual or ~ent~l t~ca~ of~ve~ d~gc to t~ ph>~d ~o~n~ Is of the Co~>'s Pubhc Wa~cr S~cm flora ~Uut~n or coniston w~ch 20 :: com~tcd or ~ut~ m ~ fo~ or co~tm~n such ~ ~y mchJde, bul ~ ~[ ~ Io: ~Uut~ or con--ted ~ ~ wa~c~ on~lm8 ~om t~ Co~'s Pub~ wal~ S~cm w~ch ~y 26 ~t~ quit)'; chc~c~ ~ fluid fo~ p~t~ aC~ ~ or ~ab~zcd. with Io~ ~l~m; cont~l~ ~t~ wal~ ~ch 3o ~ mlu~mm ~ ot~ ~ ~ ~m fl~ ~ for ~ or o~r p~ or for 31 ~-~iing p~. Cro~-Con~lmn Control H~u~ R~ch {F~C) ~ I~ ~ ~ ~E for i ~ :.. /0 0 Cro~-C~t~ CommL H~u~ R~h (FCCC) ~ ~ ~t ~ ~c~[abE for la ~mbl~ ~t~ed m mccor~e w~ ~ ~e. ~ ~5 com~ctk,n ~U ~ ~ t~ re~ty of ~ Co~ty. 16 ~ace Water Sup~': ~y ~ce or ~pp~ ofg~ ~h com~ ~ ~ or ent~ 17 ~ale~ ~om a ~c. ~ ~nd. rct~tion ~ea or wct~ m 18 s~a,:c w;uer supply. ~9 ~l~cr. Non-Po~abk Water t~t h ~t ~fe for h~ com~t~n or ~a~ ~ of 20 quest~o~blc 21 ~lcr. Potable: Water ~t ~ ~e for h~ ccm~bn m denned ~' ~ Fb~ 22 ~t of Env~o~n~ Prot~t~ 23 ~Lc~ ~'~or: For t~ p~s of%~ ~d~:e. ~ t~ ~ter p~?~r" ~ ~fer 2a to t~ CoRi~ Co~y Water-Sewer O~ct ~ G~I Water D~t~ct. 26 w~ch I~ teen ~proved by t~ Fb6~ D~t of ~o~ ~ol~1~n 2~ ~s~r Suooh'. U~porovcd: A water ~pp~ ~t~h ~ ~I ~n mppro~:d for pub~ 32 l~ Co~'. '. ~ S~C~ION FO~g; OPen,ION POLICY AN~ 34 ~ ~t~n Po~. 3S 1. No ~ ~t~n ~ ~ ~ ~ or v~ ~ ~d ~o ~ Co~m~'s ~b~ Wa[~ S~t~ ~ prot~ ~ ~ by ~ ~. ~e of 3s ~ to ~y ~ ~ ~ d~ontm~ by ~ ~ty ff m ~c~' pr~n 39 ~ly~~d~c~l~l~ ~or~ ~fo~ ~t a htck~w p~enten ~ly ~ ~n r~v~ or s ' ~t'~: [ , s ! 2 ? 14 2~ 26 3O ],9 40 41 2. The F~cLl~y ov,,~net sh~ he rcspo~ble for rt~r~onng, ~he c~ m ~ of b. ~t~ ~ or ~y o~ ob~omb~ ~ ~ ~ ~bl~ Wnt~ c. Im~ pl~mg or p~ ~g~s ~ ~q ~ ~ a de~ of~d t~t ~y ~t ~ fo~: a. In ~ w~re t~c 0 a s~ace wlt~ a~ s~$. tM Co~t~s wal~ s~lem ~ ~ prot~l~ ~ ~ ~p~v~ ~'g~ ~t~n or ~ ~proved rcduced-pr~c p~le ~ck~w pro'~t~n ~mbly. ob~ect~bl¢, but ~ ~do~ to ~ ~ Co~s Pub~ Wat~ S~ ~ M profiled by ~ approv~ ~ub~ e~ v~e d in ~ oCa f$¢~W, w~e ~t~ ~ ~o~ or ~ ~ ~ to e. In ~ of ~y ~. ='~ ~ of ~ ~ ~ ~~t~n ~. ~ ~s ~ W~ S~ ~ ~ p~t~ ~ ~w ~ e~ ~ ~v~ ~-~ ~bn or ~ ~v~ ~ ~¢~w p~bn ~. ~h ~t ~ ~ ~ of ~ p~ of ~ly to~ ~ ~ Pab~e Wat~ . /A~c~9 ~ " ~s specif~d by t~ OrdL,~z~'e. the Corbc~ County Lit~ity S~ ~d~e. ~c Ho. 97-17. ~y ~r~s or 7. ~t ~ ~r ~s ~v~ ~ ~dL~ ~ ~ ~ for ~ ~m ~ ~'s ~ ~ o~ I~l~n of~y Co~ conl~ts for t~ prov~n of~ ~ h~ ~. ~prov~ ~ for ~ p~ of~ ~d~c at prov~ed t~l ~y such ~ck~w prev~xt~n ~sembly Co~t~s Pubic Wa~cr S~te~ ~ver ~y such e~t~g ~ly ~ ~v~ Dom ~s present ~cat~n or rcqu~ r~cc~m, t~ ~mbly s~ ~ r~hc~ by ~ ~proved ~ck~w pr~cmioa ~ly ~tmi ~ o~ r~u~c~ts Tcstmu Reau~nts. rcqu~ed b> t~ ~d~e. 2. I~t~ ~ Co~ approp~tc ~w or r~cc~nt ~ck~ prc~cnt~n ~mbly m accor~c ~h ~d~c. 3. Ma~tc~e. T~ Co~ty ~Y ~t~ or ~u~ to ~ ~t~ aY ~ck~w pr~ent~n ~mbB~ m accor~c ~ih t~ ~d~e. 4. ToI~. T~ Co~ty ~ I~ or ca~ to ~ t~ ~ ~ck~ pr~mtbn ~ ~ accor~ ~ ~ ~e. SECTION FI~; DEPARTMENT ~NSIBILITI~. .~R A 3') B, 40 C 41 D 4~ E. required by t~s Ox, dj,ia.ace: Cross-Connection Survey Reports rev,me; Sile (F~ld) mspeCt~ns; Cross-conncclion control sys-tems approval; Emergency services ~md inspections; Educatiorm] assista.nce rega, rdin& cro~s-connection control; F. P~tcn.~:¢ aJ'xl correbtion of',d-L~ ~er)erstad ~ t~ ~o~-co~t~n co~l p~ H. R~k'~' ofq~l~ ~ ~ ~ ~d~c for ~prov~ p~alc 5 I. A~t~n of~y Cowry ~n~s for ~ ~t~ ~t~c, o~:~w p~em~n ~s~: ~ IO 13 I. T~ fsciUty o~ ~ ~ ~m~ for ~at~ 1~ 2. ~ fac~ti~ (~w ~d e~tmg) ~t ~ a ~d to t~ Co~ty~s Pu~ I~ Wat~ S~tcm s~U co~ly wi~h ~ tc~ of ~ ~d~cc ~ :o 3. T~ fac~ o~ s~U co~ with ~ ~u~ls 21 Dcp~m m its a~trat~n ol'lhs ~d~c. 2: 4, U~n order by t~ ~nt, ~ fac~y o~ ~ ~ or ~ ~o :3 ~ i~:al}cd, a ~ck~w prevcnlmn ~1)' I~ ~U ~tam such 24 fac~ o~r's cx~. :s 5. T~ facility o~ s~U ~ ~ ~k, :~ procures rcg~d~g t~ fac~ty's ~ck~' ~. 2~ 6, No ~ac~ o~ ~y ~ ~ ~ck~w pr~cnl~n ~17 prot~1~ 28 ~ Co~t~s ~b~ Water S~tcm ~ s~h ~t~n b ~p~v~ by ~ ~t. 2q ?. No fac~ o~ ~y c~c~t t~ fac~l~s back~w 31 8, No faci~y o~r ~ o~le ~ fac~l~s ~t~ wat~ 33 ~ Co~t~s ~b~ Wat~ 55 ~t~n or ~e w~h ~ ~ ~ ~ly'~ ~ to ~ 10. T~ f~ o~ ~ ~ ~k for ~ ~s, ~, ov~ ~ ~ac~ts for t~ ~w 41 Co~'s PubBc Wal~ S~t~ on ~ al ~ f~s ~t~n for a ~ of sm (10) 42 ~s. L_-.. - /4/ I 4 6 9 Io 11 14 20 22 27 28 30 36 37 40 41 I I. TI'g faci[ily owr,~r d'aJJ n, mnt~ a copy oi' th= f~s ~-~n ~ta~ ~ ~ropr~e ~ck~ prr,~len ~. 2. T~ fac~ o~ ~ r~ for ~at~ ~ p~cntbn ~ ~ ~prop~ie for ~t ~d ~ ~n~ 3. ~ f~r~ o~ a ~k for ~ate~ mt~ C. ~~ ' ' 1. T~ ~nt ~ r~ ~ ~rove I~ ~ ~s~t~ ~ f~i~y o~n for t~ ~t~ r~ ~ ovcr~u~ of p~'~tc~ o~ ~cr t~s ~d~c or t~at w~c e~t~g ~ oft~ cff~l~c ~tc o~1~ ~d~c. T~ ~p~n~ ~ ~v¢ ~ au~n~7 ~o pm~bit order the d~co~c~n of ~n~c 1o ~ co~ctmn w~re: Ih). T~ racily ow~ fa~ to ~ta[ o~mlc ~ ~t~ ~ approved ~ approp~tc ~ck~w ptm'mt~n ~mbly m accor~c ~h ~t~almm for co~e ~'ith I~ ~d~ce. thc Co~ Co~' L~t~· S~ ~ Pr~m ~d~e. ~d~e No. 97-17. ~y ~[s or succors t~tclo, A%~'A M~q~ ~-14 S~ond Editmn ~d o~ ~p~k ~1 a~t~e ~ o~mt~ procedure. (d). The ~t sMU accel for r~'~w o~' g~-~al~tion fo~ or ~o~d b7 a c~ c~<o~n ~ntml (c). ~ ~ ~ ~c~t for ~w o~ ccn~t~n t~, g~u~ t~g o~u~ ~ ~ ~hc~ ~ ~ ~y ~v~ ~. ~to co~ ~ ~ t~ of~ ~e. ~uhmg ~om ~ns su~tt~ ~ I~ ~d~c. (h). ~ ~t ~U ~u~c addit~l 10 7 I0 II 14 16 I? 20 21 29 ~0 32 dccmcd ncccs1~(, pn~lcm o~ h~lp~i in ~h~ cxcculioa of it"' Ord~m~xc. I. T'ee r~p~rn~l sh~L! in.gall or cau.~c to be mst~Jcd th~: appropriate te. cldlow pre-vcndon u, sa~!¥ rot the ha.~ard prcscnled by each I'acili~. 2. The D~nm~n~ ~ p~..rf'orm or cau~ to t~ Ix'dormot ~i ~/~. ~ ~c~e ~ ov~uL~ of Co~ o~ ~ck~w pr~n ~ as r~ by t~ on ~ch Co~w o~d ~ck~w pr~n ~y. ~ I. Certified ~:srccto~ ~ cng~ s~U ~ure t~t A~'A gu~c~ rcqucs~cd or d~cct~ by ~ ~. cross-co,ocean s~cy r~ns. blu~s. ~wmgs. r~ns. ~ ~ ~y rch~cd co~cs~ndcnce or doc~ma~n for ~ ~ oF~cn t 10) ~. I~ ~d~c s~ ~ Do~ for Ic~n of ~y Co~ con~s for provided m nccor~c ~ith ~ F. Coned B~ck~[ ~cvcn~n Tcc~ I. Certified t~c~ st~ ~ t~ ~ ~i~ ~ m~ ov~uh co~le~ on ~y ~ck~w prev~tmn ~ly prorating ~ Co~'s wat~ ~ ~e ~o~d ~ co~e with ~ufact~ ~o~b~, A~%'A 5. C~d t~ ~ ~ ~t ~ ~o~ ~ ~o ~t ~ m~bE ~ ~c~e, 4 ~y way to t~ ~ ~u~ ~ ov~ oa ~w ~mn ~ p~ ~ ~ ~b~ Wm~ S~ ~ ~y ~ ~~e or ~men for a ~ of~ (10) ~. ~c~ or ~n-~roved ~1 ~ ~ ~ ~ ~ ~ ~L SECTION SE~N: BACKFLOW P~VENTION SYSTEMS. A. ~~k~w Pr~tni~n ~b~. ~ ~.. [~ ..... 6 10 I1 12 14 I.< 2O :2 2? 2<t ~9 4O 41 46 4'7 49 An approved backflow pre~,enlion uscmbly u~¢~ this O~d~ce ~ on= ibm ~s I~:,~ sl~ ~ fo~h by t~ ~ W~l~ Wo~ ~)c~n IA~A). ~ ~ ~,c~y of S~ E~b~ (ASSE) ~ ~ Fo~t~r, for Cm~-Co~n Coati ~ H)~aulic R~ch (FCCC), ~ ~ pub~ ~ ~v~ ~ ~ FCCCs ~ of ~v~ ~.ck~w Pr~lbn ~. For ~ o~ by ~ Co~ty. ~ Coumy r~ ~ 4. .<;~U be supplied with ammonia rcsLs~n! silicom di~,c's or o~hcr mmtcr~ havi~,g the sa. me arnmorti~ rcsistsnt prop<~ies ~nd ~pproved by the ~. $ Sh~ have: (&) ResLlien! sc~ed (wcdgc), fuU-flov, shu~-Ofl' vadvts (or re~ seatcd, ~ull-flow bari v~vcs on s/zcs two (2) inches o~ m-s,xller d,.a~ ~hal] be rna~ed wi~h: The ma~ufaclm'cr's rmrr~ or symbol; Nominal sLz¢ of va/ye; Model number; Workin~ pre~,.s~e. (bi Rcsil~em ~cmcd ~tcocks with: ( I ) An opcra~i~g stem, which mus~ indi,:at¢ if the tes~cock open or ck~sed: ¢2) The OpeT'S~ing slem on" ha. Il vaJve tyPe of tcs~c°ck mu~ be blow-ou~ proof': (3) ~ maters g~e. ci.f~l u bronze or .,pproved equ~L 6. Thc assembly (itself) shall conta~ the fol~owLng nurunx~-n (a) The manufaclurcr's n.tn~ or s~ntx~l; Co) The r)q~ of' (c) Ass~.mb~ size; (d) Assembly model number, (¢) Asscmbl7 seri~ nurrber; (0 IL. md workir~ wa~cr pr~ssurt; (g) Dire~ion of flow. 7. No blckf'k3w prcvcntion a.SseTnbl7 sl'~L1 bc insta.~-d under tl~ Ordira~ce unless s'p~rc p~ts au'e rcprcscnled by Lh¢ m~nufacru,rm to be available for · IX'nOd of' seven (?) ytars horn date of irmallation. 12 I 8. V/hcnc. vcr · bacld~ow pc, r~cmion u.t. cn~l), a ic-s~c:d. ~ or ovcrhau, lcd : by · ccniJ'~d bacLBow prc~¢nO°n az.~mbly u,"ch~~atL the az,l~l'ob~/ s~ b¢ .~ FoUow~l~ such sc~vicc ~o ~m~ the ~cchnici~n. ~ U~-ss othcrwis~ spcciJ'~"d by this O,rdL-m~t, thc Dcp~rwncm sh~ u~¢ thc Amc~"an 6 W·: c~ Wor~s ~c~ation (AWWA) st.~,(S~'~ and gu. ideates ~n detcrmL'~ng ~ cla.~s~catio:'a of basil. To thc extent such rts~denli~J fleL~tics ok) nm have ,,ux~L~y wat~ so,ecs ot other t'3,1xs ¢/ O~' ~y~Icrfls or o[,',~i'~i~3tu or¥-site which wou~ c],l.~i~)' thc s~qc'm ~s ~l~l.rdoLL~ · 10 prc¥¢ntion assembly s.ha~ r~l be rtqu~rc~L Muhifa.rr~y £·cilhies with a sing)c scrvk:c coanection It or zrdlvtd,.l~l s.crvicc conncclions had. inS ~m ·,.a.t~/waist or olhc'r lypcs of s"ystc'rrts or ope-rations 12 on-site t,%st would cbzsi~ thc system az hazaJ'dous shall bavc an RPZ L-44.mbly ~ az ~ub'cd by this Ordu'anc¢. SECTION EIGHT..' BACKFLOW pREVENTION SYSTEM DESIGN. ~ I. The dtsign rd,aU be comi.~ent with thc ·land·rd· znd q~cifications found ~ in the Collier County Ulility Standardz and Procedures Ordinance. Ordin,tnce No. 97-17. 18 an)' amcncLmcms or successors thereto, ~xt th~ ['~tparlrncnt'$ opcl-alional and ~ ~ ·clnunist rat,'.'e procedures. :0 2. The d~igrl shall utL~ze AW'WA stand, ds and Dzidc~,cs and FCCC .*l ·pproved backBow prevention azs~.mbl~'s (Latest edition) urJcss othcrwLst q:,ccified by thLs :2 O~cLLr~nce or the D~p~rn~m's ·c[m~,strath,'c a~l opcmtior~l procedures. 23 3. Backflow prevention azscmbLics sha~ be designed az ~ of thc County's :4 s, crvice cormcmion, un}ess other w~Se approved by thc I:~rncm. ~., 4. Thc f·c~tT, ov,-ncr shall he rcspons~lc for d¢lcrraining Lf the f·cmry's :'~ system requU'es an unmtcm~pled suppl)' of w·lct that would bt I~vcrs~ly ~'l'~led by :s routine ma.[nme~e or other ~c~h,'fl~s bwo~in$ th~ b~ck'flow prtwemion az.scmbly. Thc 29 £acilily owl'wr shall b~ r~ll.Sl'bh: for irlst,~l.i~g or r~qucSlm~ a ~l ~0 prcvemion az..,e'rnbly. In such imt,xncts, two (2) approved b~ckflo~ ps, version 31 of the same manufnclure~. S~Zc ~d mo~:l numb~'s ~ be insta~-d. 34 OTd~l~.rIce po.-.:· · th~ta! to the County PubLk: Waltt S)~m, m ~v~d b~cldlow 3~ prcvcmion ~.~"rnbly sh~] be inst~k~. 36 2. ~ These fa:a-tics incluck, bat =re aot limim:l m 37 commercial mclu~lr'~ ~n4 muhi-fatm~ r~sicle~i~l f,~cililies. Wbe'r¢ ~ or potc~x.~l 3~ h,sz.~xb ~r~ idemLfiexi, ~n ~pproved baclcflow prevention ~s,sembty ~ be ~ In cross-corme'cfion s~lus bec·u~ plumbi~ plans of the facili~s po~le ~r system nonexistent, unreli~bl~ o~ u~obl,~inable. In im;l~c~ whcte · cross-cos's~ion ~ is 6 ? I0 il 12 16 I? 24 36 4O Bmcl~w pr~,,cntion ass~lk~ ~hall not ~ ~a~ ~ve ~ ~ B~dc m ~y t~ of vault, ~ ~h vault ~ contacted Io ~ mt ~ [~Y ~c~ (30%) of its sidcw~ ~o ~ o~n or vmt~tN mt t~ pdc ~cl, ~ o~ or v~ s~U ~ ~bstruct~ ~ of such s~c to ~ ~Y vcntcd ~zt~ lo ~ly ~ t~u~h t~ o~s ~o t~ outside. 4, Back~ prc&~imn ~mb~ ~U ~t ~ ~a~d m ~7 ~si~n ot~ I~ ~on~ ~ ~ ~mbly ~ r~e~ ~rov~ for ~h ~l~n by ~ as~mbly's ~ufacl~ ~ I~ FCCC. 6. ~ ~ck~w ~em~n ~nb~ ~ ~ ~ n~ of l~e~e (12) ~om ~ ~west ~mt o~ ~1~ ~ ~ ~ s~e d~e of~ (3) f~ ~m f~ec~ ~n°f~ ~~ ~~ ~ p:~ot~t~n ~ ~ ~ ~mv~ for ~ch ~. ~ ~m ~ ~ ~ ~ c~,.~i6c, ation from thc County's approv~ SECTI~ SERVICE AND ILEPORTLNG, I. Ali beck~ pr~c~tlon 14 I 4 $ 6 ? ~0 II 14 .-,'7 2~ 31 ~,0 41 4~ 44 (s) ~c tc.~ed at ~ once cvcr~ yc~r. u,-~'~.,~ othcr w~e specified by (b) ~ I~Cd (~ ~) o~ by a c~d ~w ptcv~l~n ~u~t. l. ~ ~w p~wn ~ ~: (a) Be o~r~u~ ~ ~ or ~ r~o~ by ~ (b) ~'~ulcd offiy by a cen~d ~z~w preston ~mbiy t,~c~; (c) B~ o~er~u~ ~mg acc~bie pr~ed~ m ~o~ by t~ as~mbl~s ~ufact~. C. R~s ~ R~n~c~ 1. Back~ ~ ~ r~ned to t~ ~t ~wtely ~ ~forc ~y ~ ~e ~ Requ~ed r~a~ sM~ ~ ~o~ by a c~W~d t~ ~ outed ~ ~ ~e. (b) ~y ~mbly ~t a ~ble to ~ r~ or ov~ (~ ~.d~ce. 2. Um~ such r~ or ~ts ~e co~ t~ ~Ze ~n D. Te~ E~u~n~ ~ M~ I. 2. I ,., . ~ '' .. ? II 17 2O 22 2~ 2~ rr. mnur~ctu;cr recommends, whicl'~--vcr is more frcqucm. Thc tech.-~cimn ~ forward · c~py of ~he instrument's c~br~tion reT, on ~o thc Dq~nrnc. m. Thc I:X'-pa~rne~ ~ not &ccc~ed tcs~m~ repons prcpazed by technicians iJ'such mnn~l c.~b'o~on r~or~s receiv~ by thc ~rncnL C~b'bcm6on reports ~ only. be ~CCCl~ed from so~m~.cs ~proved by ~he Dep~rtment. The Depa~men~ ~ develop procedures 1o mpp~ov~ te~in~ sources based on m. anuf'~c~U~n~ mad industry s~nc~. E, Facility owner, are d~r~ly rrspons~k: for .~1 re'ix)ns ~ r~'pon~'~ reg~ding pr~v·~ely owned backflow ,~a~mblx:s protec1~'q~ the County's wato' The I'~c~/owner rr~y &'sidle ~n q. cra lo ~c~ on lUs beha.lf, but m no w~y do~ ·ction ·[Jev~alc Ibc £acllqy ow~r's rcspons~ii~ty. I. l~--~i:li~,..~ulcd Tests A. rd Ovcrt~uts cPri~cb ~ Rc'por~s For initial certff¥',.~6on lests, rc.~L~' ~,.~1 te~s ~d overhauls of ptWat¢ly o~-~t b~cld~w as.~mbly mu.~ hc corr~k:ted by n cc,~'~ed required by th~ Ordm, anc¢. Such rc'por'..s sh~tl be I'orw~d~ Io thc I~rnc~ by £·¢iJJty own,rr on Thc I:)~p~r~mcnt'$ ,,pprovcd forms. It sl'~lJ be thc re~ons~iLity of thc f·ciliW owner to rnnd or dc~iv~r thc com~letod repons lo thc I~mc'm as oudin~d this OrdU'.nnc¢ and thc Dcp~"~mcnt's ·dmu'~.stmtive ~ op~r~6on~J procedures. 2. [~n~n~ Of Nonscheduled Rc~i,rs or R¢ol~c¢,mcnts {Pfi',ztch' C~,'n~ Ass,cmbiies I. Any backflow prcvcn6on ~-~nbly which ~ bc~n cl~ma~ecL is ~ bnorr'naLly or faiJ. s any tcsL shall bc rcponccl i~'nediateh,., by ~ factory owt~r as ~ollows: Step 1: Not~3, thc Department. If thc I~mcnl's ofl"~c,~, ~ clos~, notify L~c a. fle. r.hours on-call personnel. SIc'p 2: Cony, ct · c~"~iF~.cl b~ckflow pr~ention ~scrnbl), tcchnici~,~n from E~-p,~"~rr~nl's approved ~l for ~n.'ncd~ic rcpa~'s. 3. Any tU'nc · rc'pL, cemcnt is r~luired for a pri',.,,l¢l), owned assc'mbly, s~ch nc.w · ':scrnbly shafJ comply with aLI sc~6ons of tJ,~ Ordinance. F. Cross-Connection Survey Repons. I. The owner of for ~ racily to ~< S~cy ~s pn~t~n ~ly for ~ de~ or ~ ~ ~ ~ f~. S~ ~ for otl~ ~ single f~y ~c~ ~ ~ ~ by n c~ ~~n control s~cy ~tot or col~Ibn n~ on uch sub~tx~ ~ .... ~/ .... ! I0 II 14 13 16 I? ~0 ~4 ]0 ~6 4O 41 std~ n~t Ix rcvk-w~. For sinsJ~ ;im~y rcsid~"cs, t~ ~ ~ ~y ~ ~ ~ ~ ,~ (ocUity ow~ ~g ~ ~t's ~prov~ ~-~'~n ~o~. ~ ~t ~ ~ ~ti~n to ~ o~ of ~ f~t~ control~~l~r ~m~ ~'s~p~v~ ~ or ~ ~ ~ ~cy ~ ~ W ~ ~C for r~ ~ ~ ~o~t~n ~ ~ ~d ~cc~tablc ~ ~ ~t ~ ~w~. For s~ ~ ~ ~ ~ ~n ~y ~ ~ out ~ ~ o~ ~ ~ ~'~ ~v~ ~[bn fo~. to ,:~. addit~ or ~let~ m t~ c~to~ pl~m~ s~lc~ ~ pm~y s~c~ ~o~ to i~vc i~ ~tcnt~l to cr~le a cron-cotton ~ ~cr~o ~ r~ ~ to ~ ~ aCl~On: w'l'tTlCn' Thc Dcparm,,cm ma). acer'pt th~ cro~-conncction sx~'vcy rep<)fl as ~) T~c D~t n'~¥ rcJCCt t.)~c c~ou-~om'~cctbon s~f'vc7 re-port u (c) The I:k,.pa~nx'nt may r~clucst a4didona] ~d'onna~ion I:,cforc accepting or rc. tcctmg th~ rc1:)ort. (d,~ Thc ~ may rex~uize · me~in~ ~ the facilit7 owncr's dc'si~tcd ~ScnL ccrti/~cl c3'os~-coancclbn con~Fol sm'~cy ~R~ctor, cr~ or ~[] such 4, _[;k.!:~mca~ AcccBC.m~ of Cms347.o~'~tio, S~m~c~ Upon acceptance and ~m~,~ of ~,e cro~,-comec~ioa mxve/report. bc~-n ~opro¥c,d b7 tt~ Dq~-tmc~ .o clinics or ~ct~tioas ~ b~ m,,de M~out thc appro¥~l of'the Dcpa,-tmcnt. S. [in,fl A~m'ov'd of' BackBqw ]:'rcv~.-ntlon As..~-mbiics l'l~h~tch' OwncdL AJ~cr · I'ac~li~y's backBow prcYmlion &ssc-mbly has becn ir~ial)7, tcs~cd. c,~'ti~¢d ~nd approvcct. [1~ fac~ty ov,',n~r sha~ notEy thc Dcpm~mc~ that thc ~' is ready for Fu'aJ m.S~'ction. Thc l:)cpaA~l or ks aicn~ sh~ m~.c · si~ ~>~.,Ik~ ..../~lc, x;/ . I --I ,~.--'~ .-- _ ~ ~t~ ~ (30) ~ ~ ~J ~p~v~ ~ ~ ~ for a 6 out~g t~ t~mg ~ ov~ ~dule. T~ k~ct ~1 ~ ~ch co~ of t~ 9 I~t~g r~ults ~ co~t~n ofov~uh ~ ~ rc~n~ Io I~ ~. l0 SECTION T~: TECHNICAL ~IPLEMENTATION. i I ~n ord~ to provue pro~t~n to ~ Co~ty's Pub~ Wa~ S~t~ ~m ~nl~t~n the c~o~m ot co~ of ~ Co~ Co~ Watm-Se~ D~t ~ G~ Warm D~nch ~ ~c~w preston ~ ~ for ~ p~ of ~ w~ 16 pr~ent~n ~mbfi~. ~t ~e sub~t to t~ ~e, ~y d~ca~c ~ ~nvcy ~: ~mbfies to t~ Cowry Cot o~m~p ~ ~t~e ~tl~ 120 ~ ~om ~opl~n of I 8 ~'d~cc. ~y ~mbbes ~l dedicatcd ~ ¢onve~d to t~ C'o~ wit~ t~t 120 ~y lq ~aU rennin ~ pnvate oa~m~p ~ ~ptoved by ~ Co~ty. In ~ w~rc ow~ of re;~x~le for co~l~g wilh ~ ~i~e ~ o~ r~ts of ~ ~e. 24 h ~ ~ t~ ~~ of t~ ~t lo a~tcr, ~r~le. ~mtor 2~ ~J l~ck t~ I~ ~k~nta~n ~ ongo~g r~u~c~nls of t~ ~e for 20 co;~l~ce. 28 I. Bac~w preston ~ for ~/8" t~ough 2" ~t~ ~ if 2~ ~cnt~kd~a~t~t~of~c ~tw~ ~ ~dbyt~~t or t~ 32 2. ~w p~tbn ~ for ~1~ ~1~ ~ 2" ~e ~ ~ ~d~of~~bnfor ~m~en~ap~or~ ~r~v~ to t~ ~ for e~ m ~ ~ ~ ~ ~ ut~ s~ ~ ~ ~, ~e No. 97- I 7, ~y ~ or ~cc~m ~o, ~ ! C. ~ 3 ~ of t~ ~n~'s ~ c~e out pro~ or w~ ~ ~ of ~d ~ 2. ~ck~w preston ~ w~C ~ ~ ~ ~t~ ~ 2" ~ ~ o~ ~ ~ th~ Co~ ~ ~,~tl~ by t~ ~t or ~ Co~'s con~m~ ~t. t3 2" ~U ~ ~o~ by t~ ~t or t~ Co~'s contact ~t. ] 4 E. ~p~cc~nts. I~ R~c~nts of ~ck~w prcvmt~n ~mb~ ~O ~ ~o~ by i~ F. t~ T~ ~nl or t~ Co~ty's contract ~gcnt ~U ~o~ ~ 22 w~n ~ by ~ p~e ~lor con,clot for ~ fac~ o~. 2~ 2. ~v~cN ~d ~mb~s, 24 ~ t~g of p~alc~ o~d ~mbl~ s~U ~ ~o~d by 26 ~d~c ~ ~l~g ~ kg~ rc~lo~' ~ c~c r~ts for ~ 2~ c~t~ 2~ ~ECTION~ PR~ ~! ~'NDL~G. Wit~ 120 ~ Dom ~ ~opt~n or ~ ~d~c. I~ Co~ ~ ~p~ or~e n f~, cite or mit lo ~vm ~ ~'s ~l~t~ ~N Io ~ for ~I ~ Wnt~ ~ Lc.. f~ty o~ ~ ~ ~m~E for ~l of ~ f~, ]~ ~ nct~c ~ co~t~ ~t Mvc c~ ~ m of 120 ~ ~m 38 ndo~,~n of t~ ~c ~ ~ co~ c~t~g rctmfits for p~ of pm~ 39 ~er ~ ~db~c. ~ ~ty's ~ofit pro~ for c~t~8 ~c ~t~ I ' ,-...~¢_... ~ Count? stw'vict connect~on~ ~ b~o~ activc or cr~te l ) O~d~c ~ ~ co~ q T~ Co~ty's ~k ~ ~l~e pro~ on ~ Co~ o~d ~w 10 pr~cntmn ~mbh~ ~ ~ 12 ~ Co~'s ~c~w 13 o~d by t~ Co~ly s~lJ ~ 15 T~ Co~ly's ~ ~ ~c~ t~t~g pro~ on Co~ o~ 16 ~ckfiow prevml~n ~ ~: SECTION TWELVE: TERM[NATIONOFSERVICE. t8 A, ~y racily with I prn'ately owed ~ck~w pr~cnt~n ~ly r~c~'mg i~ ~'lcc flora Ibc Co~)'s Pubic 20 rcquL-c(l r~ ~o t~ ~ck~w ~mb~ 21 ccni]qcd ~ck~ow ~ly I~c~ s~U ~ sub~ Io I~tbn of ~e. S~h 2~ B. ~)' fac~ty with a 24 s~ ~: ~ subjecl lo t~s prov~n I ? Io I! 13 15 I'~ I$ 19 ~9 4! 42 4~ ~4 ~? .&ny I:~r~on who violates ~). p~vL~ion o~ ~s ~d~c, or ~cnU m~y ~i~ suit for d~Bcs for ~y ~ota~ion o~ ~s ~L~ce ~d ~c~cn~ ~o, ~ n~, enjoin or othc~*~ pr~vcm a vJ0latJon of 0r ~td ~cn~enu thereto. ~~~ CO/,LE~ION OF FE~,C~G~ OR ~. ~e Co~' or iu agent s~l ~ ~ible e~hlished by ~ Bo~ of Co~ Co~ssi~ co~ ongo~g m~nten~ce of~e cross<o~tion ~n~l ~o~ ~~~ CO~FLILT ~D SE~I~. ~e pmv~sions of t~s Ord~ ~1 ~ lilly pm~)~s in ~ interest of public ~, ~r~. p~t, ~mcnce or ~nion of ~s ~d~ce is for ~y ~n ~ld inde~ndem provision. ~d s~h holding ~1 ~t ~ Off s Ckdin~cc. SE~lO~ SIXTEEN; I~CLL'SION 1~ THE CODE OF ~WS ~D O~I~ANCES. ~-Icn~rcd [o accomplish such, ~d ~e word "ordi~e' ~y ~ c~g~ m '~i~'. '~cle'. or ~y u~er appropnale word. SECTION SEVENTE[~; EFFE~I~ DA~ ~s Ordi~ce shall ~ome eff~i~ u~n co~ecfion ~th ne~' in~latio~ ~ ~e filing of~ ordi~e ~ ~ ~ of Sa~. PAS~ED AND DULY A~PTED by ~ Boud of Co~ C~u~ of Coll~ DASD: BO~ OF CO~ CO~IO~ OF A~ST: COLLI~ CO~. ~O~A D~qGI~ E BR~K. Clerk By: Tunotby L. Haocor~ AICT CbaLtma~ EXECUTIVE SUMMARY RECOM.MENDATION TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO TE[E FISCAL Y'EAR 1996-97 ADOPTED BUDGET. OB./ECTIVE: That ti'a.' Board of County Con'm~issioners adopt the at~ached resolution and the related amendments which amend the ~cond quarter of the Fiscal Year 1996-97 adopted budget in accordance w~h Section 129.06, Florida S~atutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board,, can be amended. Budget amendments that increase the total appropriations ora fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 1996-97. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive sununary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries which were previously considered and approved by the Board contained their respective fi,~utl impact statements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 1996-97 adopted budget. Michael Smykowski, Management and Budget Director Date: Date: JUL 2 g !g97 I,g._ / COUNTY OF COLLIER NOTICE OF PUBLIC 1-13~ARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND FrS FISCAL YEAR 1996-97 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on , 1997 at 9:00 Ab1 or soon thereafter, in the County Commissioner's Boardroom, Bid Floor, Administ:~tion Building, Collier County Govemm eat Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget. 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Timothy L. Hancock, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total This budget amendment is for FY95-96 Adopted Budget: 96-635 299 Commercial Paper Loan P~tFRPOSE: To appropriate carryforward to make principal reductions on Commercial Paper Draw. 97-073 126 Metro Planning - M.P.O. PI;RPOSE: To appropriate grant funds to develop bicycle & pedestrian safety, public sccvicc announcements. 2,283,000 11,951,500 12,000 124,000 97-100 32O 97-102 131 97-103 194 97-104 355 Cl~m Bay Restoration PURPOSE: To appropriate WCI con,button towards the Clam Bay Restoration plan. Marco Island Beautification PURPOSE: To appropriate carry forward for continued sod replacement and median landscape refurbishment. TD,C - Advertising and Promotion PURPOSE: Appropriate carry forward for the Marco Island Chamber to advertise Collier Co,tlnty as a tourist destination. Library. Countywide PURPOSE: To recognize carry forward needed for Marco Island Library addition. 106,750 805,200 72,500 644,500 539,524 3,234,148 160,081 TEM JUL 2 9 ~? Pg. ,~ ~udget Amend. Fund No. Fund Title Change Amount Fund Total 97-105 299 5% Commercial Loan PURPOSE: To recognize loan proceeds for the Naples Park Drainage Project. 3,000,000 11,539,900 97-106 326 Naples Park Drainage System F~URPOSE: To recognize loan proceeds for the Naples Park Drainage Project. 87,783 540,566 97-111 490 Emergency Medical Services ;PURPOSE: To recognize General Fund ~ansfer to fund FLSA settlement agreements m~d releases. 42,770 7,648,917 97-I 12 113 Community Development PURPOSE: To recognize revenue and increase reserves. can'>., forward 872,100 1 ],753.100 97-117 97-118 97-12i 123 123 320 Service for Seniors Service for Seniors PURPOSE: To appropriate grant money awarded to provide in-home support services fi)r low income elderly residents. Clam Bay Restoration PURPOSE: To appropriate can3, forward and a WCI contribution to develop a management plan for Clam Bay. 4,929.50 99,597.49 65,000 454,124.74 553,722.23 870,200 97-124 521 Fh:et Management PKFRPOSE: To appropriate can-y forward to complete the office technology modernization, building improvements/repairs. 66.000 2,341.500 97-127 97-128 306 345 19 g2 Parks Improvements CIP Re gional Park Impact Fees Pt,'R.POSE: To recognize additional carry folward funds needed for ongoing projects in F'r 97. 48],531 242.149 2,921,462 1,828,398 97-129 97-130 365 368 lm:nokalee Comm. Park Impact Fees Pinks Impact Fees Naples & Urban Collier PURPOSE: To appropriate additional carry forward Bands back to reserves. 712 1,562,743 71,424 6,303,494 97-131 001 General Fund PURPOSE: To appropriate building rental fee,.; to offset overtime required for Housing Amhority activity. 185 JUL 2 9 B97 pg. Budget Amend. 97-133 Fund No. 123 ]:'and Title Change Amount Services for Seniors 27,732 Fu.d Total 581,454.23 9%134 97-135 97-136 97-137 97-138 97-]39 97-141 97-148 97-140 97-151 123 123 123 123 411 412 414 301 413 130 PURPOSE: To appropriate grant money awarded to provide respite service for individuals caring for frail elderly Alzheimer's patients. S~:rvice for Seniors PUR.POSE: To appropriate grant money awarded to provide in-home support services for Iow income frail elderly residents. S¢:~wice for Seniors PURPOSE: To recognize a decrease in grant revenue, an increase in revenue from the sah: of a grant asset and an estimated decrease in program revenue from client donations and client fees. Service for Seniors PURPOSE: To recognize grant money' awarded to provide homemaking services to the frail elderly residents. Service for Seniors PURPOSE: To recognize additional grant money awarded to provide in-home support services for Iow income frail elder}y residents. Water Impact Fees Water Capital Projects Sewer Capital Projects Countywide Capital Projects PURPOSE: To recognize additional carD' forward funds needed for ongoing projects in FY97. Sewer Impact Fees PUl[POSE: To appropriate additional carD. forward funds to reserves. Golclen Gate Community Center PURPOSE: To recognize carry forward fund~ needed to complete renovations to the auditorium. 308,877 7,964.25 181 16,144 357,524 1,266,917 705,222 474,409 354,179 65,234 890,331.23 898,295.48 898,476.48 914,620.48 7,778,648 15,567,442 21,729,176 30,409,888 7,678,858 792,468 AGENDA ITEM No. JUL 2 9 t997 Pti. '"/ Budget Amend. No. 97-152 97-158 97-174 97-175 9%176 9%178 97-186 97-192 Fund No. Fuud Title Change Amount ! 35,000 313 314 129 001 Road Construction - Gas Tax C!P PURPOSE: 'Fo recognize the landowner's con~ibution which will offset/reduce the Count's cost for Eng. Services and Environmental Mitigation. Museum Capital PURPOSE: To recognize grant money awarded to restore the Historic Everglades City Dmnd:3, Building. Library Grants PURPOSE: To recognize grant money to purchase equipment and software for providing public relations literature for the Florinet Project. General Fund PURPOSE: To recognize State Library Aid funds needed to provide popular books on tape, additional reference books and to cover additional costs of electronic resources. 360,902 30,000 29,989 325 123 I11 331 1981 Water Management CIP PIYRPOSE: To appropriate document sale revenue and funds from Imperial West/FPL Ditch Project to award a construction contract to Sunshine Excavators for Culvert Crossing in Lely Hibiscus Golf Course. Service for Seniors PURPOSE: To recognize donations from the Aetna Golf Challenge to provide service for indigent elderly residents of Collier CounD'. MSTD General Fund PlYRPOSE: Appropriate carry forward to implement the Building lmmokalce Togexher/Redevelopm ent Plan. Road Impact Fee District I PURPOSE: To recognize insurance proceeds to replace a tree that was damaged from a car accident. 10,749 1,352.48 5,259 332 Fund Total 15,318,979 732,904 60,000 110,446,748 2,581,698 O 915,972.96 13,527,080 7,551,081 AGENDA ITEM JUL 2 9 Budget Amend. No. Fund No. Fut~d Title Amount ¥ot~l 9%193 97-195 97-200 505 472 111 Information Technology PURPOSE: To appropriate carry forward to fund costs of the Information Technology Office Modernization Program. Solid Waste Disposal Gr~t PURPOSE: To appropriate recycling grant funds. increased NIST'D General Fund PURPOSE: To recognize private contributions to be applied toward the SR_29 Canal Crossing Improvements. 120,000 3,289 28,608 1.571,500 453,178 13,555.688 97-208 97-215 97-218 518 001 345 Workers' Compensation PURPOSE: To appropriate additional revenue needed for the settlement of open claims pursuant to Florida Statute 440. General Fund PURPOSE: To appropriate the maintenance services revenues that are in excess of their budget R,:gional Park Impact Fee P1TRPOSE: To appropriate private contributions for construction of a sidewalk for Outer Drive, Lombardy Lane, Kendall Drive and Hemando Drive. 720,000 12,350 I0,000 6,107,400 110,459,098 1,838,398 9%219 131 Marco Island Beautification PURPOSE: Appropriate carry forward to continue sod replacement and median landscape refhrbishment services. 122.200 766.700 97-226 97-229 001 313 General Fund PURPOSE: Recognize motor pool transfer to overhaul the #5 module of the helicopter engine. R~d Construction - Gas Taxes PURPOSE: Recognize private contributions for access improvements with CK951 four laning improvements. 19,000 70,807 110,47g,098 15,389,786 AGENDA ITEM No. q 'q) JUL 2 9 1997 RESOLUTION NO. 9?-BAR-3 A R~T~OLUTION PUP.~U~ TO SECTION 129.0~(2), FLORIDA STATb'TES, TO AMEND THE BUDG ET FOR THE 1996/97 FISCAL YEAJ:L WHEKLAS. Section 129.06~2). Florida S~mtaa, provides that the D~lrd of Coun~, Cc'~nm~t/me4~ 0~rreir, afle-.. lO clio referred lo aa 'Board') at any time wi:hie a fl~c~l ycat m~y amend n t>udlret r~ that year, and Ix~vides the I:,nx:edur~ 11 then for; ted 12 14 15 16 17 15 19 20 21 22 23 24 26 27 29 31 WHEREAS, ~e Board of Count~ Commi~ione~ of ColI~r C~, ~m~,~cnu which ~i~ for ~t ~ n~ ]~tted to: ~flct~ttd c~ f~d, un~ticipated ~, ~'m ~i~ ora nature from a ~J~ not ~fici~d ~ul~ ~n~ that ~ould ~'v~en~; ~d ~c~d ~ei~ f~ ~t~ m ~ ~nds ~ctived for a ~icul~ ~; md ~E~S, ~e ~lution punuml to S~lion 129.~, NOW. ~E~FO~, BE IT E~OLVED BY ~E BOARD OF CO~ COMMISSIONERS OF COLLIER '~O~, FLO~DA. ~at the ~dl~ ~cndmen~ Io ~ 1~7 ~ Budl~ ~d ~low ~ aphid ~d h~by tldopt~d ~nd ~e 1~6,97 FY Bud]~ il ~ am~ded. FUND INCREASE (DECREASE) CARRY FORWARD BUDGET OR INCREASE INCRY..ASE INCR~EASE AMENDMENT INTERFI.IND ('DECREASE) (DECREASE} (DECKEASE) NUMBERS T'KANSFERS RECEIPT EXPENDITURE RESERVES This budle! amendment la far 9~96 Adopled ltadlet: INCREASE (DECREASE) INTER. FUND TRANSFERS 32 2!)9 9~635 33 126 97-073 34 3;0 97-100 35 131 97-]02 T2.500 36 191 97-103 539.524 37 35S 97-1ff4 160,081 38 299 97-10.~ 39 326 97-106 17,71.1 40 490 97-1 I I 42,'/70 41 Il'.' 97-il2 42 123 97-117 43 12,000 106.'//.0 (237/700) 4,929.50 - 1 - 12.0OO 941,196 121.536 [7,713 42,770 4,92930 (409.372) 31,54/, 172,100 AGENDA ITEM JUL Pg... '7 6 ! 1::3 97ol II 99,597.49 9 3:0 97-122 32.500 32,500 ~1 306 9~-127 ~3 ~6~ 97-~29 712 14 368 97-130 J.~6~.~43 16 123 97-133 27,732 17 1~3 97-134 301,877 ~ 41:~ 97-139 1~,917 23 413 97-140 354,199 24 4S4 97-14J 25 30~ 99-148 ~0~ 26 ~30 99-1~1 65~34 28 31~, 97-1~8 29 129 97-174 30.~ ~0 ~1 97-}~ 29,919 ]1 ~2~ 97-176 10,749 ~2 123 97-17~ 1~2.48 33 III 97-116 ~ 331 97.192 332 3~ ~0~ 97.~93 120,~ 3~ 111 97.2~ 2~,~ 38 5 31 97.201 ~0,~ 39 ~1 97-215 12,3S0 - ,2 - 99,~97.49 65,0L~0 aSr, Ill 27,732 301,177 (7,96.4.25) Iii 16, i44 35,000 441.054 23~50 176,7~i 712 114.9~, 322.524 Il I 1,163 (20,141) 725..163 215.175 65,234 ]3S,OOO ],60.902 30,000 29.9~9 10.749 1,352.41 5,259 332 12,057 37.943 3.~19 21,601 I ,,~5,000 (725.000) ~Jo AGENDA ITEM .,.,io 7,,,[ JUg'S9 ~CR.F. ASE CAILRY FORW^RD [NC~r.A$~ BUDGET ~ OK i'NCR~ S£ rNCILF~',$E rI~C~...A S£ (DECRE.ASE) AMJ~4DM~T ]~PERFLrHD (DI~KEA$£) (DECREASE) (DECREASE) IN'T-r.a~qVD ~ 9 001 97-226 19,000 19,O00 10 ~13 9?-229 7~,1107 12 BE IT IrLq~TH~..R RESOLVED ~et ~he C~k h b~ ~ ~d di~ m ~ ~h~ R~lm~ ~ ~11 ~i ~ minu~ of~b m~in~ for ~n~t ~d m his o~ce. ~ls R~olul~ ado~ n~ motif, ~d ~d maj~ v~e fav~1 ~e, 17 DA1T~D: AT~T. ST: 20 DW~IGHT E. BROCK, Clerk 21 22 23 24 By: 25 DEPUTY CLERK 26 29 Approvtfl ~s Io form jnc~ 30 lejal su~citncy: Collier ¢o~. BOARD OF COU'N'T~ COI,4MISSIONER.S COLLI£R COUNTY, FLOR.IDA By: TIMOTHY L. HANCOCK. CHAIRMAN - 3 - AGENDA ITF..~' JUL 29 1837 E~CUTIVESUMMARY RECOMMENDATION TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 1996-97 ADoP'rEI~ BUDGET. OBJEL-flVE: That Ihe Bored of Count), Cornmissionex$ adopt the at"ached resolution and the related amendments which amend the third quarter of the Fiscal Year 1996-97 adopted budget in accor 'dance ~th Section 129.06, Florida Statutes. CONSIDERATIONS: ;gecfion 129.06, Florida Statutes defines how an anaua~ budget, as adopted by the Board, cas~ be amended. Budget amendment~ that increase the total appropriations of a fund over the adopted armual budget may be approveA by resolution of the Board of Comity Comm2ssioners after a,~ advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfimd transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 1996-97. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summ~ry at the Office of Management m~d Budget. The an~endments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries which were previously considered and approved by the Board contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the at~ched resolution amending the Fiscal Year 1996-97 adopted budget. Robin Bialkoski, Senior Secretary REVIEWED BY: /~' '*~'2~e~ 'ff'"'"'-=-~ Date: Michael Smykowski, Management sad Budget no. /.~ c{'z ,~ JUL 2 9 1997 P~._ ! COUNTY OF COLLIER NOTICE OF PUBLIC 'HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1996-97 ADOPTED BUDGET All interested pan'les are invited to attend a public hearing on this mailer to be held on. ,1997 at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamianfi Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management v. nd Budget, 2nd Floor, Administration Build/rig. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock:, Clerk Board of County, Commissioners Collier County Florida Timothy L. Hancock, Chairman Budget Amend. Fund No. No. ~7-236 001 Change Fund Fund Title Amoun! Total General Fund 3,600 110,481,698 97-237 602 97-238 368 9%239 361 PURPOSE: To recognize insurance proceeds for damage repairs to the Main Library. Confiscated Trust Fund PURPOSE: To appropriate carryforward into reserves and to purchase teclmical equipment. Naples & Urban Collier County Park Imp. PURPOSE: To appropriate residual equity transfer for Racquet Center improvements and the balance into District I Marco Comm. Park Impact Fee PURPOSE: To appropriate carry forward and ~ansfer residual cash to Fund (368). Fund (361) will then be closed out. 130,338 462,458 1.487 6,304,981 1.487 2,974 AGENOA ITEM JUL 2 9 1~17 pg.. c:~ Budget Amend. Fund No. Fund Title Change Amount Fuud Total 97-244 115 Sheriffs Grants PURPOSE: To recognize intere.,a earnings to purchase communication equipment. 7,000 !,428,373 97-247 103 MSTD Road District 2 PURPOSE: To appropriate carry forward for mulch and contracted maintenance services. 22,900 531,800 97-258 130 Golden Gate Community Cen:er PURPOSE: To appropriate donations to purchase a scoreboard and operating supplies. 10,451 802,919 97-262 589 Office of Capital Projects Management PURPOSE: To appropriate additional carry forward to fund a transfer for the County Complex DRI project. 255,200 4,201,600 97-263 301 Facilities lvlanagement - Countywide CIP PURPOSE: To recognize transfer fi'om OCPM for the County Complex DRI project. 255,200 30,665,088 97-273! 134 Victoria Park Drainage PURPOSE: To appropriate additional carry forward to upgrade the pumping station electrical controls. 3,200 15,400 97-273 140 Pine Ridge Industrial Park PURPOSE: To recognize carD' forward and to adjust reserves for lower than ;anticipated cost to maintain the Industrial Parks drainage system. 800 50,200 97-274 141 Naples Production Park PURPOSE: To appropriate carry forward ~and additional delinquent taxes into 1,000 15,700 AGE~ A ~--'~""'~--"""~ JUL 2 9 B971 p;. Budget Amend. No. 9%275 Fund No. 154 Fund Title Change Amount Hawksridge Pumping Station 1,100 Fund Tolal 11,500 PURPOSE: To appropriate additional carry forward to upgrade the pumping station and increase reserves. 97-280 115 Sheriffs Grants PURPOSE: To recognize funds from the Grants to Encourage Arrest Policies grant awm'd. 156,440 1,584,813 97-283 97-284 410 408 CCWSD Debt Service PURPOSE: To offset carry, forward shortfall with an operating transfer from the County Water/Sewer District. CCWSD Operating PURPOSE: To recognize additional can3' forward and properly allocate it between funds. 7,600,000 20,133,800 55,043,660 97-293 408 CCWSD Operating PURPOSE: To reimburse the CCWSD for Royal Cove Sewer Assessment interim funding. 155,300 55,198,960 97-297 97-298 495 495 Airport Authority Airport Authority PUILPOSE: To recognize additional fuel sales for the purchase of additional fuel. 8,500 50,000 1,158,642 1,208,642 97-303 001 General Fund PURPOSE: To appropriate the maintenance services revenues that are in excess of their budget. 36,000 110,517,698 97-304 521 Fleet Management PURPOSE: To purchase fuel for County vehicles and equipment. Due to a price increase fuel was under budgeted in FY 97. Funded by increased fuel sales revellue. 50,000 2,391,500 --'"-'~-ENDA No.~ JUL 2 9 1997 pg._ Y'/ _ Budget Amend. Fund No. Fund Title Change Amount Fund Total 97-318 97-334 001 General Fund PURPOSE: To appropriate money from surplus fixed assets for the payment of the auction commission. 115 She. tilTs Grants PURPOSE: To recognize thc EMS matching grant award. 12,000 26,963 i10,529,698 1,611,776 .JUL 2 9 1997 I 2 RESOLUTION NO. 9'7-BAR-4 3 5 A RF_,SOLUTION PURSUA~ TO SECTION 129.06(2), 6 FLORIDA STATLrFE~ TO AMEND THE BUDGET ? FORTHE 19~6t'97 FISCAL YEAR. $ 9 WItERE. AS. Section 129.06(2), I'qorL,la Smites, provj~k.~ ~ the Board of Co~nt~ Co,mmission~,"s t'~ertir, afler I0 alto rt ferrod to a~ 'Boa~rd') at thy time wi~in a I'~.,cal ye~ may arn~n~ a bucket fo~ u'~t rent, and p~ovkk~ ~e ~ed~ 12 U,'H EREAS, the Board of Cnunly Commissim~rs of Coll~' Co~ty. F~'k:~ has received copies 13 ame~n~hnents which provide I'or I~ut ant nol limited Io: e. ntkipated c~.n ¥ fra"w ~r,~L u na~t k ipeted re .,,~enue. ~,-~d/oe rte eip~ o f a 14 na~t,: from a seurte not anticipated in ~ budge ~d retail'ed los' e p~.kula' puqx~e; IS pattie ul~ funds lhll should be decreased incl c~et apl~o~l~iofll Lq the same ~esd ~ 16 incrtti~d; ap, propriatio~ns from the res~r,~ f~ co~tinl'.e'm:its; a~.~cq~, ~ations fro~ the rt*.,et've fo~ f~-ute c~st~cti4~ 17 imprc,vcmenU; and i~c~ased receipts foe entcrp, ri~: or ~cq, ~ funds recei~'d fo~ a p~icular purpose; 18; Wt'IERE.AS. thc Board hu dctcrmined that it is app/c,,f~-iatc lo amend thc Budtet foe Fiscal Y¢~ 1996.'97 b)' 19 rtsofttion pursuant to Section 129.06. Florida Statute. 20 NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COL/N'T'Y COMMISSIONERS OF COLLIER 21 COLrl,IT'Y. FLORJDA. that the tmd~et amendments ~to the 199~'97 F'Y Bud&el described below a~e approved and hereby 22 adopt ,'d and the 1996/97 FY Budlet is se amen6ed. 24 INCREASE 2~ (DECREASE) 26 CARRY 27 FORWAR~ I'NCR. E^SE 28 BUDGET OR INCREASE INClI,E.A 5£ INCILEASE (DECKEASE) 29 AMENDMENT INTERF1.JND (DE, eR.EASE) (DECREASE) (DECREASE) [NTEIU~'LIND ~0 IrLrNl ) NUMBERS T'R~NSF£RS RECEIPT EXPENDITURE RESERVES ~NSFERS 31 32 001 97-236 3,fiOO ~,600 33 602 97-237 149,3.11 19.000 35 361 97-239 1,462 2~ ~ 115 97-244 7.~ 6,440 3T 103 97-247 22,~ 38 130 97-258 10,4~ I 10,45 I 39 519 97-262 255~ ~ 301 97-263 2~5~ 41 134 97-2~ 3.4~ ~) 4,~ 42 140 97-273 I~ (7~) ~2~) 43 141 97-274 3~ ~ (1~) ~ I~ 97-275 1,1~ 1.10,331 217 1.417 56O (soo) FU~D .qUDGET AME'NDM~T NUMBERS I0 I ! 5 97-210 ti 410 97-213 12 40g 97-284 13 401 97-293 14 495 97-297 15 495 97-294 16 001 97-303 I~ ~l 97-311 19 115 97-334 2O 21 22 24 25 26 27 21 29 3O ~4 ~6 37 4! 42 44 INCREASE ~(DECREAS~) C~RRY FORWARD INTERFUND TRANSFERS 153.]00 1.500 ~0,OO0 40,000 36.000 50.000 $0,000 12.0OO 12,000 26,961 26.9~3 10.00O By: "~:.PU TY CL~RK B~ TIMO'i'HY L HANCOCK. CHAIr, JCl. AN Aplink,ed as to focm and David C. Wei~l~~ Colllet Counzy AU~mey - 2 - ~X. ECUTiV .E. SUMMARy PETITION CCSL.-g7-;!, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING SHOPPE, REPRESENTING THE VANDERBILT BEACH MOTEL; REQUESTING A COASTAL CONSTRLICTtON SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION 'to ENCLOSE THE FIRST FLOOR OF AN ~CISTING s'rRLICTURE FOR TWO MEE'IqNG ROOMS (ONE W1TH BAR), MOTEL OFFICES, STORAGE AND RESTROOMS, LOCATED AT THE VANDERBILT BEACH MOTEl., LOT 4, BLOCK A, CONNERS VANUEREIILT B -F_.ACH ESTATES UNIT NO. 1,SECTION 32, TOWNSHIP 48 SOUI'H. RANGE 25 EAST, COLLIER COUNTY, FI_ OEMECTW~: The petitioner requests; a Coastal Constn.,cticm Setback Line (CCSL) Variance c~' aPl:)roxirnately 100 feel: Io enclose the first I1oor of an existing stnJcture to build rooms (one with lounge), motel ofrmes, storage and rest rooms; extendaing a tenace se~rward of that building, out approximately 122 feet beyond the CCSL (See Ext~bi{ A). COl tSIDERATIONS: all seaward of the CCSI_ but landward ExJ'libit B). The petJtio~ is cor~stent with the Comer County Lard ~ Co~ arc Gro,~m Management Plan - Com~erv*at~'t and Coasta~ ~ ~ In consideration of U~e above. Staff rinds the proposed ~ to be cc~sisl~'~ ~ the variance conditions of CoP, er County C)rcYmanc~ No. 91-10:Z. ~ :L13. as a~;nded. ASCAL IMPACT: Approval of this petition would have no r~cal impact on the County. GROVIFTH MANAGEME_~NT IMPACT; OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENTELEMENT3. .- .. IJULg91997 I . ,..,. ,t- 11.4 UnUi the Coastal Barrier and Beach System Management P'lan is adopted (O~ 11.6), protect developed coastal barriers and developed shorelines by establishing mect~anisms or projects,' which limit the. effects of developmen! and which help In the restoration of the natural function.,~ of coastal barriers and affected beache.,; and dunes. POLICY 11.4.4 Require dune stabilization arid restoration improvements in land deYelopmenl pro~,.~:ts along beach areas. 11.4.5 Initiate and support beach and dune restcratic~ and ~tio~ i:~rog~m~ where appropr~t,e. 11.4.6 Require nativ,e vegetation as landscaping in developed acevitie:s in devek3t:)ed coastal barrier systems and on the beach and dune systems. The proposed variano~ is consistent with appracab~ provisicms of the ~ Management Plan. H~IS_TORICIARC HAEO. LI;)GiC~ Sb~frs analysis indicatm; that the ~s property is not located within an area of historical and archa(~4ogical ~ as refe~n(:=~l on the official Co!lier County Probability Map. R_~COMMENDATIO~I:_ ,.. Shift recommends app¢oval of Petition No. CCSL-97-2 subject to the following stipulations: o All proposed improvements shall be designed in accordance with the standards of the Flodda Department of Environmental Protection (FDEP) Divi,,~lon oi~ Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, I:.dor to Issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May I - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner sha!l nc~tify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff wiU'dn one week following completion of work seaward of the CCSL Outdoor lighting associated with consb'ucflon, or development within three hundred (300) fe~..t of tbe high tide line, shall be in compliance with Division 3.10 of the Collier C~:xJ~.~ty Land Development Code. Petitioner shall L~llize only nath~ coastal dune vegetation for all ~ Im'~d~:3plng b~/or~d the 1974 Coastal ~ Corff~ol Line, ^G£~/P~._~rvy \ JUL 2 9 1997 Petitioner shall re-vegetate the beach immediately seaward of the existing sea wall witt~ cosstal dune vegetation. The re-vegetation shalt be completed, according to a plan submitted to and approved by Collier County Current Planning Enviro~mental Staff, prior to the issuance of a Certificate of Occupancy. Petitioner shall insta!l appropriate signs in the re-ve~etatior~ area indicating that beach users a~'e requested not to intrude into this re-vegetation area. Minor revisions 1'o Coastal Construction Setback Line Variance CCSL-97-2 (including changes ir~ siti~g and structures) may be approved, in writing, by the Planning Services Director or his/her designee. PREPARED BY: BARBARA S. BURG~SON ENVIRONMENTAL SPECIALiST'IT--~' CURRENT PLANNING S[-'CTION REVIEWED BY: RbBERT J. MULHERE, AICP, MANAGER DATE CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR bATE PLANN.~NG SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMEI',IT & ENVIRONMENTAL SERVICES DIVISION ~xecuflv~ summ~ry/CCSL-97-2 I: ': EXHIBIT "A' 1997 ,i EXECUTIVE SUMMARY PETITION NO. V-96-31 DANIEL TETLOW, ~,.. REQUESTING A 7.25 FOOT DIMENSIONAL VARIANCE FROM THE SIDE YARD SETBACK REQ~MENT OF 7.5 FEET TO ALLOW AN EXISTING SINGLE FAMILY DWELLING UNIT TO REMAIN AT .25 FEET FROM THE Vv~STERLY SIDE PROPERTY LINE IN AN RSF-4 ZONING DISTRICT, FOR PROPER'I¥ LOCATED IN NAPLF3 MANOR SUBDIVISION, UNIT I, BI.OCK 4, LOT 8, SECTION 29, TOWNSHIP 50S, RANGE 26E, COLLIER COUNTY, FLORIDA. Th,.' petitioner is requesting a variance of 7.25 feet from the required 7.5 foot side yard setback requirement to allow a~l existing single family residential structure to remain at .25 feet from thc we:;terly side property line in order to obtain clear title to sell thc property. CONSIDERATIONS: Collier County property appraisers records indicate thc structure was built in 1958, prior to the adoption of the current County Land Development Code (no record of the original building permit for the structure exists}. Dimensions scaled offthe submitted survey reveal the structure has approximately 1200 +/- square feet of living area. The petitioner purchased the subject property and structure in 1987 in its current non. conforming status. The present land development code requires a '1.5 foot side yard setback for principal structures in an RSF-~, zoning district. Special conditions and circumstances exist which do not result from thc actions of the applicant. The fact that the existing stn]cture does not presently conform to current regulations does not result from actions by the present property owner. The literal interpretation of the provisions of this Land Development Code could work unnecessary and undue hard.,:hips on the applicant. Removing the portion of the structure which encroaches into the required side yard could alter the structure to such an extent as to make reasonable and functional us,: of the structure difficult. The applicant simply wishes to remedy the existing non-conforming status of the structure through the variance process in order to obtain clear title to the p~perv, y. The ,.,'m.~cture has existed in irs current location for over thirty (30) years with no known detrimental effects lo the sunounding neighborhood (adjacent properties to the east and west are presently vacant) or to the public. However, since the existing .25 foot side setback meets only appr~)ximat.:ly 3.33 percent off:he required 7.5 foot side yard requirement, it fails to meet the geneaal intent and purpose of side yard requirements with regard to separation between structures, and the provisions fi)r open space, light and air circulation. Also, it could be difficult to perform routine maintenance: to the westerly side of the structure without encroaching into the neighboring property. If the n:quested variance was granted, subsequent smacmral additions to the building a.t .25 feet from t~¢: westerly property line could effectively increase the the reduced s~de yard setback which may be detrimental to the public welfare. Also, i{ ~q~c~rs that the existing roof ~r~.~x)aches into the neighboring properly. [JOt. l (Sn Februtu), 7, 1996 and by a vote of 8~0, the Collier County Planning Commission recommended approval of thc requited vaxi~nce ~bject to thc ~pulations found on the attached re~:lution. At the Februax¥ 25, 1997 m~:eting of the Board of Zoning Adjustment and Appeals, the Board voted 3-2 to table the requested variance, until after the Land Development Cede (LDC) was ·mmded to allow a v~xianc¢: to be linked to specific conditions related to a site or structures present on a site, rather than to run exclusively with the land. An amendment to the LDC was apg,roved on June 4, 1997, which allows in the case of the destruction of the encroaching structure, for any reason, to ;tn extea~t equal to or greater than fifty percent of the actual replacement cost of the struclttre at the time of its destruction, any reconstruction to conform to the provisions of th~s code in effect at the time of recons~xuction. Consistent with the above am~mdment, the resolution related to this petition has been amended to stipulate the conditional approva' of the requested variance. The stipulation on the resolution of adoption requires a structure, if moved or destroyed to an extent equal to or greater than fifty percent of the actual replacement cost, to conform to the provisions of this code in effect at the time of reconstruction. HSCAL IMPACT~ None. GROWTH MAN A GEM E~F..IMp_A.~[: None. HIS T O RI C/ARCH AE O I,Q !~,AI.~IJI~.AI~G Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as refereaced on the official Collier County Probability Map. Therefore, no Historical/Arch~cological Survey is required. EIat~G CO MM~ S S I O.I LR.EED.3~,~,.EIO~ That the Board of Zoning Appeals approve V-96-31 subject to any CCPC stipulations. JUL ~. 9 1997 PREPAKED BY: 'SU~AN ~Y J P1E~CIPAL PLANNER D^TE gEVIE'WED BY: ROBERT J. MULHEP, E, AICP, MANAGER CURRENT PLANNING SECTION DATF PLANNING SERVICES DATE VI~ICEN~E. CAUTERO, ADMINISTRATOR ~ DA COMMUNITY DEVELOPMENT & ENVIRONq~ZNTAL SVCS. Tttis petition has been tentatively scheduled for the July 29, 1997 BZA De, ming. JUL 3 9 FJg? AGENDA ITEM 7-F MEMORANDUM FROM: DATE:: RE: COLLIER COUNTY PLANNING COMMISSION COIV[N~Y DEVELOPMENT SERVICES DMSION JANUARY I0, 199'7 V-96-31 AGENT/OWNER: Agent: Not Applicable Owner: Da~ttiel Tctiow, Jr. 4572 Eagle Key Circle Naples, FL 34112 REQLP£STED ACTION: The petitioner is requesting a variance of 7.25 f~t from the required 7.5 foot side yard setback to sllow an existing single family residential structure to remain at .25 feet from the westerly side property line. According to lee petitioner, a variance approval is necessary to obtain dear title in order to sell the property. GEOGRAPHIC LOCATION: The subject property is located at 5371 Dixie Drive and can be further described as Lot 8, Block 4, Naples Manor, Unit 1, as recorded in Plat Book 3, Page 57 of the public records of Coltier County, Florida, located in Sectioa 29, Township 50 S, Range 26 E. PURPOS~F~CRIPTION OF PROJECT: The petitioner is requesting a 7.25 foot dimensional variance to the side yard setback requirement of 7.5 fe,:t to ~dlow ma existing single family residential dwelling unit to remain at .25 feet from the w~y side property line. According to County records, the Naples Park Subdivision Unit 1 was rec. z)rded on December 7, 1956. The ~bject lot was originally platted at sixty (60) feet wide by 135 f¢¢( deep, therefore, it fails to me~'t the Land Development Code's current nfinJmum ~ iJUL 29 1997 requirement of seventy (70) feet for lots in an RSF4 zoning district. It exists today as a legal, non-conforming lot of record. According to Collier County property appraisers records, the structure was built in 1958, prior to the adoption o£the current County Land Development Code (the County does not have a record of the original building permit for the structure). Dimensions scaled offthe submitted survey reveal the stn~cture has approximately 1200 +l- square feet of living area. The petitioner purchased the subjecl property and structure in 1987 in its current non-conforming status. The present land development code requires a 7.5 foot side yard setback for strucnJres in an RSF4 zoning district. The property owner is unable to obtain dear tire until :he existing non-,:o:fforming status of the structure is remedied. SURROUNDING LAND USE AND ZONING: Existing: The site is developed g4th a Single family residence; zoned RSF4 Surrounding: North - Forty (40) foot drainage easement; RSF4 South - Single family residence; zoned RSF4 East - Vacant; zoned RSF-4 West - Vacant; zoned RSF-4 GROWTH MANAGEMENT PLAN CONSISTENCY: The nXlUested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL 13IPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the envirorxment. ANALYSIS: Section 2.7.5 ofthe Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to ass/st the Commission in making a determination. Responses to items in this Subsection are as follows: JUL 2 9 1997 Are there special conditions and circumstance~ existing which are peculiar to the location, size and charac~ert~.tics of the land, structure, or building involved? Yes, special'conditions and circumstances exist in that the subject structure was constructed in 1958, at .25 feet fi.om the westerly ride property line. Current regulations require structures in an RSF.4 zoning district to be constructed at a minimum of 7.$ feet fi.om the side property line. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-ezisting conditions relative to the property which is the subject of the variance request? Yes, special conditions and circumstances exist which do not result from the actions of the applicant. The petitioner purchesod the subject structure as it presently exists, in 1987. Current regulations require structures located in an P~F4 zonin8 district to maintagq a 7.5 foot side yard setback. The fact tMt the existin8 structure does not presently conform to eurr~t regulations does not result from actions by the present property owner. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The literal interpr~tfion of'file pro~sions of th~s Land Development Code could work unneces___~_ry and undue Mrdsbips on the applicant. If the applicant was required to remove the portion ofthe structure which encroaches into the required aide ym'd, the structure could be ~ltered to such an extent as to rn~e re~or~le and functional use of the structure difficult. Will the variance, if granted, be the minimum variance that will make pouible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Tht varian~ r~luested is the minimum variance which will allow the existing structure to rem~ in its present loc~fion and to nmke reasonable u~ of the structure ~ it presemly ' Will granting the variance requ.:.~ted confer on the petitioner any special privilege that is denied by these z~ning regulations to other lands, buildings, or structur~ in the ~ame zoning di~ict? Graining the requested vazi~,ce ~il not confer on the petitioner any special nonconforming structure does not exist through fault of the applicant, the applicant simply wishes to remedy the existing non-conforming status of the structure through the vwiance process in order to obtain clear title to the property. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare: Thc stru~rc has existed in its current location for over thirty (30) years with no known detrimental affects to the surrounding neighborhood or public. However, since the exis'dng .25 foot side sethack meets only approximately 3.33 percent of the required 7.5 foot side yard requirement, it fails to meet the general intent and purpose of side yard requirements with regard tc, separation between structures, and the provisions for open space, light and air circulation between structures. Additionally, it could be difficult to perform routine maintenance to the weslerly side of the structure without encroaching into the neighboring property. Il' the requested variance was granted, subsequent structural additions to the building at .25 feet from the westerly property line could effectively increase the intensity of the reduced side yard setback which may be detrimental to the public welfase. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as n~tural preserves, lakes, golf courses, etc..? No, the subject site is a platted lot of typical dimensions found in the Naples Park subdivision. The subjec~ site is surrounded on the east, west and south sides by similar sized lots zoned for single Eunily residential uses. Will granting the variancl', be consistent with the Growth Management Plan: The gr~nfing office requeo~'ttM variance will not affect or c, Mnge the requirements of the Growth Management Plan. STAFF RECOMMEN~DATION: StatYrecommends that the CCPC ibrward Petition V-96-31 to the BZA with a recommendation for.aj;l~l~ with the t'ollowing stipulations: The existing structure may be ahereu within the scope o£routine or required maintenance provided the alteration does not encroach upon the .25 toot westerly side setback allowed by this variance approval, nor any other setback requirement at the time ot' alteration. However, any enlargements of, or additions to the structure sh~ll be in conformance with the requi.red setbacks and any other requirements of the l..~nd Development Code, at the time of'enlargement. Should the subject structure be destroyed, moved or replaced (as defined in the La~d Development Regulations in effect a:. the time) a structure may only be reconstructed on the subject property, in conformance with the setback requirements and other applicable L~md Use Regulations at the time &replacement. JUL 2 9 1997 PREPARED BY: PKINCtPAL PI.JuNNEK REVIEWED BY: ROI/ERT J. MULHERE, MCI', MANAGER CURRENT PLANNTNG SECTION DONALD W. ARNOLD, AIC?, DIRECTOR PLANNING SERVICES VINCENT A. CALrrERO, ADMINISTRATOR COI~.kMUNITY DEVELOPM~rr & ENVIRONMENTAl. SVCS. Petitioo Nmnbec. St~'~rt for O2M2 mee~ ~ l;~on has ~ tenv~tiV~ly scheduled for BZA Public Hearing. JUL 2 9 1997 "'] RESOLUTION NO. 9?- RELATING TO PETITION NL~BER V-96-31, ~OR A VARIANCE ON PROPERTY HER~INAFTI~ DESCRIBED IN COLLIER COUNTY, FLORIDA. ~HEREAS, the Legislature of tAe Stats of Florida In Chapter 125, Florida Statutes, has conferred on all counties In Florida the pO~er to establish, coordinate and enforce zoninq and such business regula~ions as are necessary for the protection of the public; a~ ~ER~S, the County pursuant thereto has adopted a ~nd O~vel,~pment C~ (Ordinance No. ~1-10~} ~hlch es~ablishes r~la~ions for tl~ zonln9 of particular q~raphic divtsio~ of the Coun~, which ia th~ qrantin9 of variances; a~ l~t~S, the Board of Zonin9 Appeals, ~lnq the duly cons2:[~uted Board of the area hereby affected, has held a public hearin~l after notice as In said repletions ~de and provided, a~ has consld~red the advisability of a 7.25-foot variance from the re~[red side l,~trd setback off 7.5 feet to 0.1~ fe~t as sh~ on the plot l~lan, i~tblt "t', In an RSF-4 zon~ for ~e property her~l~fter descr:[l~d, and has found as a ~tter of fac~ ~at sa~ls~a~o~ provl~ion and arranqement hav~ ~n made concerninq all applicabl~ matter~s rel~ir~d by said requla~ions a~ In accordance ~ith Section 1.7.5 of the lonin9 Regulations of said ~nd ~velop~ent C~e for unincorporated area of Collier County; a~ ~l~S, all Interested parties have ~n qlv~ op~unlty heard by this Board In public ~estln9 asse~led, a~ ~s B~rd havl~ consld~,red all matters presented; ffO~ THEREFORE BE IT RE~LVED By ~E ~ OF I~ING ~P~ Collt~,r County, Florida, ~e property hereinafter d~s~l~ ~, Paqe 57, of ~s ~bllc R~co~s of Collier Co~ty, Florida. be and the same hereby Is approv~ for a 7.2~-f~t variance fr~ :e~lr.~d side yard setback of 7.5 feet to 0.25 f~t as sh~ on the at~ach.~d plot plan, Exhibl~ 'l', of the RSF-4 zoni~ ssi,! property is located, subject to ~he following conditions: 1. The existing structure lay be altered within the scop~ of routine or required laintenance provided the alteration doaa not encroach upon ~he .25 foot westerly side eet~ack allowed by this variance approval, nor any o~her setback requirement at the time of alteration. ~owever amy enlargements of, or additions to the a~rvcture shall b~ in conformance vi~h ~he required setbacks and amy o~.ber requirements of t~s L~md Development Code, at the tile of enlargement. 2. The variance approved shall only be granted for the location depicted on the attached plot plan. 3. In the case of destructiom of the subject structure, for any reason, to am extent equal to or greater than fifty percent (50%) of ~ha actual replacement coat of the structure at the time of its destruction, any reconstruction shall confor, to ~he provisions of the Development Code in effect at the time of reconstruction. BE IT RESOLVED ~hat ~his Resolution relating to Petition V-96-31 be recorded in ~he ~inutes of ~_his Board. This Resolution adopted after ~otion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF' ZONING APPEALS COLLIER COUNTY, FLORIDA T~HOTHY L. HARCOCK, CHAIP. HAR APPROVE. D AS %'0 FORH A~D LEGA~ SUFFICIENCY: -2- JUL 2 9 1997 , E,Y~CUTIVE SUMMAR~ PETITION CU-97-14, PAUL TATEO, TRUSTEE, A8 CONTRACT BUYER, FOR WR 'REALTY PARTNER,~J, REQUESTING COHDITIONAL USE '4" OF THE C-4 ZONING DISTRICT FOR THE E:~TABUE, HMENT OF A DRY MARINA, NEW AND USED I),OAT AND EQUIPMENT SALES AND RELATED SF..R~CE WORK, FOR PROPERTY LOCATED AT THE litTER;SECTION OF ~ EAGLE DRIVE AND WINDWARD DRIVE, FURTHER DESCRIBED A8 LOT 11, BLOCK 776, MARCO BEACH, UNIT 4 REP[AT, IN SEC~OIJ 8, TOWN$1~P 52 ~DUTH, RANGE 26 EAST, CONS~.e~'ING OF 0.1}4+/- ACRES. The petitioner requests; approval of a cond~ use of ~ General Commercial (C-4) District for new and used boat sales and accessory t~es. CON$!DERAT1ONS; The proposed uss, alfi~oc, gh more intense Ihan pefm/tted C-4 uses. s,hall be required to meet the County's commercial architectural standards and the landscape requirements fo, a project within ar, Ac~.Mty Center. The site is w~fflin an Activity Cent~ end is suite nd~l by C-4 zcntrxD, except to the east where it is adjacent to C,-5 zoning (the subj,:. ~ use is permt.ttE;d in C-5 zoning}. Th~ Marco Island Zonir~ Oveday D~sttlct (MIZO) ~ the sul::~lect lot a~ ~ ~ the Town Center/Mix(~:~ Use District which allows ~, commerc~l, and mb(ed use projects. The Collier County Pla~rming Commission re*.4ewed this petit-ion on July 3, 1997 and by a unanimous vote, mcz'~'nmendod approval. b-"batrs analysis indk:ates that the pe~s propm~ is located w~htn an Area of Historical and Archaes~)glcal Proba~i~ as referer~____ on the official Collier County Probab~rRy Map. A Waiver of Histoflc and An~ Survey & Assessment was appn:n,~d on Ma). 7, 1997. ~~~.!o~ R~~ The Colller County Planntng Cornm~$ion, a! its meeting of ,July 3, 1997, recommer~ed by a unanimous vote, that the Board of County' Commi~ approve CU-97-14. FREPARED BY: DATE REVIEWED BY: RO~L~RT J- MULH~RE, AICP, MANAGER CURRENT PLANNING ,~ECT~ON DATE DONALD W. ARNOLD, A~CP, DIRECTOR PLANNING SERVICES DEPARTMENT DAI'E VINCENT A. ~LJTERO, AD-MINI~'R~TOR- COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERViCES DIVISION executive summary/CU-9 ;'-14 IJUL 2 9 1997 I MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JUNE 1, 1997 RE: PETITION CU-97-14 (WALKER MARINE) AGENT: OWNER: Paul Tateo Hodzons Realtors 681 South Collier Boulevard Marco Island, FL 34145 Paul Tateo, Trustee, as contract buyer WR Realty Partners 681 South Collier Boulevard Marco Island, FL ,34.145 The applicant requests approval of a conditional use for a dh/madna, new and used boat and equipment sales, and related service work in the C-4 zoning district. The subject property is located in Ihe northeast corner of the intersectiort of Bald Eagle Drive and Windward Drive on Marco Island in ,Section 8, Township 52 South. Range 26 East legally described as Lot 11. Block 776, Marco Beach Unit 4 Replat. No. .JUL ~. ,.LOCATION HAP P--~URPOSF-/DE$CRIPTION OF PROdE~ The applicant is requesting, a conditional use for .S. ITE Jry madna, new and used boat and equipment sales, arid related service work. The proposed building shall be required to meet the County architectural guidelines and landscape requirements. An area fox' outdoor display, shall be specified. Any outdoor storage shall meet County fencing requirements. ~U~I._N_G LA. Np USE AND ZQNIN~: Existing: Vacant lot with mowed grasses; zoned C-.4 JUL ~ 9 ]997 Surrounding: North - East South - West HISTORIC/ARCHAE_OLOGICAL IMPACT: Vacanl lot with mowed grasses; zoned C-4 Paved alley, across which is a commercial building; zoned C-5 Windward Ddve ROW Bald Eagle Ddve ROW Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. A 'Waiver of Histodc and Archaeological Survey & Assessment was approved on May 7, 1997. _TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENTAL IMPACT, The ITE Tdp Generation Manual indicates that the proposed boat sales facility will generate 60 to 110 trip:~ on a weekday. Based on this datum, the site generated traffic will not exceed the significance test standard (5% of the LOS 'C" design ~'olume) on Bald Eagle Ddve. Furthermore, this petition will not lower the level of service below any adopted LOS 'D" standard within the project's radius of development influence (RDI). Therefore, the projecl is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Bald Eagle Ddve (CR-953) as a two lane collector road intersecting with Windward Ddve. The current traffic count for this segment of CR-953 is 9,518 AADT and is operating at LOS 'C'. It should be noted that this segment is not projected to be deficient within the next five years. In addition, this segment is scheduled to be improved to three lanes by 2001. Therefore this petition complies with Policy 1.3 of the TCE. The petition has been reviewed by Current Planning environmental staff. STAFF ANALYSIS: a. Consistency with this Code and the Growth Management Plan. STAFF FINDINGS: The subject site ~s located within an ActNity Center in the Urban Coastal Fdnge as designat~d on the Future Land Use Map of the Growlh Management Plan. The existing zoning is General Commerdal (C-4). Therefore it is staff's opinion that the proposed conditional use is consistent with the Growth Management Plan. The petition will be reviewed fo,' consistency with the Land Development Code at the tirre of Site Development Plan review. This staff repod was prepared prio~ to the adoption of ~ Marco Island Zoning Overlay District (IdlZO). The Draft MIZO identities the subject lot as lying within the Town Cenler/Mixed Use District which allows residential, comrr,~;-,;~,t, ~-.~, . mixed use projecls. I ~ / JUL ;~9 1997 |.... b. Ingress and egn~ss to the property and proposed structures thereon with particular referenc,s to automotive and pedestrian safety and convenience, traffic flow and control, a~nd access in case of fire and catastrophe. PRO: Proposed acc_~ss to the site would be flora driveways off Bald Eagle C,dve and Windward Ddve . The entrance on Bald Eagle Ddve has been located as far from th.s intersection as possible. This '.;egment of Bald Eagle Ddve is scheduled to be three laned by 2001. The proposed madn;3 will not lower the LOS below any adopted LOS D standard within the project's radius of development influence. The Traffic Accident Report for 1996 shows the subject intersection as having a Iow traffic accident rate (under 10 per year). The developer will construct sidewalks along both Bald Eagle Ddve and Windward Dd,,'e. The sidewalk nelwork will become increasingly more important as the residential and mixed use components of the Town Center Distric~ are implemented. CON: The Collier Ccun'ty Transportation Services Department recommends that. due to the relatively heavy traffic volumes on Bald Eagle Drive. the main entrance to the proposed marina be on Windward Drive, and that the driveway on Bald Eagle Ddve be limited lo an exit--only condition. In addition, the front ddve aisles appear to be e~tremely tight for the movement of boats around the property. STAFF FINDINGS: The tdps generated by the proposed marina will not exceed 5 percent of the LOS 'C' design capacity on Bald Eagle Drive and will not lower the LOS below the adopted standards. It is staffs opinion that the proposed madna will not adversely affec! vehicular traffic and will improve pedestrian traffic flow. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, econc.mlc or odor effects. PRO: The proposed use, although more intense than permitted C-4 uses, shall meet the County's commercial architectural standards and Activity Center landscape requirements. These standards will buffer the use from neighboring properties. Display lighting shall be odented away from neighboring properties and rights-of- way. CON: The proposed madna would bring noises associated with the servicing and transport of be)als on site. STAFF FINDINGS: It is staffs opinion that the proposed use as a marina would have minimal effects on neighboring properties with respect lo noise, glare and odor, and a positive economic effe:t resulting from the stricter site development regulations. d. Compatibility wltll adjacent properties and other property in the district. PRO: The proposed madna will be required to comply with stdcter architectural and landscape requirements than many of the existing businesses in the vi(init,/. The site falls within an Activity Center, and therefore the required landscape buEer along th,~- mad rights-of-way is twenty feet in width. CON: Outdoor display' of new and used boats and servicing of boats is a more intense use than the surrounding existing C-4 businesses and any new businesses which may be established in the future on vacant lots. STAFF FINDINGS: It is staffs opinion that the proposed marina, with the architectural guidelines and landscape requirements as required in the Land Development Code, is compatible with the neighborhood. JUL 2 9 1997 ,~TA F F RECOMMEUDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-97- 14 to the Board of County Commissioners with a recommendation of approval subject to the stipulations in the) Resolution. PREPARED BY: ~,ED___..F~ISCHL, PLANNER II URRENT PLANNIIqG OBERT J. IV~LHEISJ:, AICP, MANAGER CURRENT PLANNING DOIq[;C~..D~O[:J:), AICP, DIRECTOR DATE PLANNING SERVICES vINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PETITION CU-97-14 Staff Report for the July 3, 1997 CCPC meeting. This peti~on has be~n tentatively scheduled for the July 22, 1997 BCC rneeU~g. COLLIER COUNTY PLAN~:)MMISSION: MICHAEL A. DAVIS, CHAIRMAN CU-eT-14 S~aff Ra~.a,~ JUL 2 9 1997 2 4 6 ? S 9 12 14 1.5 17 la 20 2{ 22 23 RESOLUTION 97-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DRY MARINA, NEW AND USED BOAT AND EQUIPMENT SALES AND RELATED SERVICE WORK, CONDITIONAL USE '4" IN THE C-4 ZONING OISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52 50UTH, RANGE 26 EAST, cOLLIER COUNTY, FLORIDA. WHEREAS, :he Legislature of the State of Florida in Chapter 67.-1246, Laws cf Florida, and Chapter 125, Florida Statutes, has col%letted on C¢,llier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the pro:cc%ion of the public: and WHEREAS, l:he County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a 24 Ccmp;rehen$ive Zoning Ordinance establishing regulations for the 15 zoning of parcicular geographic divisions of the County, among which 26 ir{ the granting of Conditional Uses; and 27 WHEREAS, the Collier County Planning Cor~misaion, being the duly 28 at,pointed and cons%itu:ed planning board for the area hereby 29 a[fected, has held a public hearing after notice as in said 30 regulations made and provided, and has considered the advisability of ]1 Conditional U:~e "4" of Section 2.2.15.3 in a C-4 zone for a dry 32 marina, new and used boat and equipment sales and related service $~ work on the property hereinafter described, and has found as a ~t:er ~4 ¢.f fact (Exhibit "A") that: satisfactory provision and arrangement 35 hav.e been made concerning all applicable matters required by said )6 regulations eno Ln accordance with Su~section 2.7.4.4 of the Land ~7 Development Code for the Collier County Pla~/uing Co~mnission; and ~ WHERE. AS, all interested parties have been given opportunity to ]9 be heard by this Board in a public meeting assembled and the Board ~0 having considered all matters presented. 41 NOW, THJ.iKEFORE BE IT RESOLVED, BY THE BOndeD OF ZONING APPEALS of 4~ -1- Collier Coun'ty, Florida that: ',,JUL 2 9 ]99? { The petition filed by Paul Tateo, Trustee as contract buyer representing WR Realty Partners with respect to the property hereinafter described am: Lot 11, Block 176, Marco Beach, Unit 4 Beplat, as recorded in Plat Book 12, Pages 19-21, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use '4' of Section 2.2.15.3 of the C-4 zoning district for a dry marina, new and used boat and equipment sales and related service work in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following condttiona: 1. The Site Plan (Exhibit 'B~) is conceptual in nature, and site related changes required to comply with the Land Development Code, may be administratively approved, 2. The driveway on Bald Eagle Drive shall be an exit only. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. AZ:T EST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, C{{AIP~IAN APPROVED AS TO FORM AND L[:GAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY AO~ M0. JUL 2 9 1997 FINDING OF FACT BY COI~LIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-14 The following fac:ts are found: 1. Section 2.2.15.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes L/ No B. Ingres~ and egress to property and proposed structures thereon with particular reference to automotive and pedestrian ~afety and convenience, traffic flow and control, and[ access in case of fire or catastrophe: Ad[equate ingress & egress Yes tv' No C. Affects: neighboring properties in relation to noise, glare, economic or odor effects: Q// No affect or __ Affect mitigated by Affect cannot be mitigated compatibility with adjacent properties and other property in the district: Compatible use within.~district Yes Based on the above findings, this conditional use should, with approvalstipulati°ns' (cc,py attached). ~) be recommendedf3=r'~ F/FINDIN(~ OF FACT C~IRF~.'~/ 'JUL 2 9 1997 ,. .._.: ! l EXHIBIT"B" 'JUL 2 9 1997 EX EC-'I, ITIVE S[.IMMARY PETITION NUMBlrJl FDPO..97-1, MR. WILLIAM L. HOOVER, AICP, OF HOOVER PLANNI~IG SHOPPE, REPRESENTING VANDERBILT BEACH MOTEL, REQUES'I~ING A 4.1 FOOT VARIANCE FROM THE MINIMUM REQUIRED BASE FLOOD ELEVATION OF 13 FEET NGVD TO 8.9 FEET NGVD FOR PROPICRTY LOCATED AT 9225 GULF SHORE DRIVE NORTH, COLLIER COUNTY, FLORIDA g_J~J.F,~CTJVE~ To haw.· the Board of County Commissioners hear and approve or deny a request b!~ William L. Hoover, AICP, of Hoover Planning Shoppe, representing Vanderbilt Beach Hotel, for a 4.! foot variance from the minimum required base flood elevation of 13 feet NGVO to 8.9 feet NGVD fo~ property located at 9225 Gulf Shore Drive North. J~[~.~[[~,~[~_N~.; The petitioner is requesting a 4.1 foot variance from the required 13 foot flood elevation as establlshecl by the Federal Emergency Hanagement Agency (FEHA). This request is to enclose an area located below the existing building to t,e utilized for storage, restrooms, meeting rooms, and an area to be used to ser~te catered meals to motel guests. The subject structure, the Vanderbilt Beach Hotel, is located at 9225 Gulfshore Drive No. and has been operating at this location since 1951. It is a two story facility with the g~uncl floor being an open area currently used for storage, shelter, and other various uses. The property owner desires to enclose the open area for the uses described alive. Location: The prop,.~rt"y Is specifically described as Connors Vanderbllt Beach Estates, Unit 1, as recorded in Plat Book 3, Page 8, of the Public Records of Collier County Florida. Physical Descdptlc,n of Lot: The Vanderbllt Beach Hotel is a platted and impr.~ved lot of recor0. The existing ground elevaUon is approximately 8.5 feet NGVD. The Hotel con~:ains three buildings with a total of S0 units. Description of Surrounding Area: The area consists primarily of mulU-family residential dwellings with some commercial property. The specific descripUon is as follows: North: South: East: West: Hotels, Time Share Units; Condominiums, Shops Hotels, Llghtlaouse Restaurant, and the Bay Gulf of Hexico JUL 2 g 1997 Elevation Data: Elevation required by FDPO: 13.00 feet NGVD. Elevation requested by the applicant: 8.90 feet NGVD. Amount of variance requested: 4.10 feet NG"VD. Existing ground elevation: 8.50 feet NGVD. The Flood Damage Prevention Ordinance (Ordinance 87-80 as incorporated by reference Into the Collier County I.and Development Code, Ordinance 9:[-:[02) allows enclosed space below the flood elevation level to be used for parking of vehicles, building access, or storage. A variance may be granted for other uses, only If: the request is determined to be the minimum necessary to afford relief; the request demonstrates, a land related hardship; the request shows good and sulficient cause; the failure to grant the request would result in exceptional hardship; and, the grantinc~ of the variance will not result In increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Description of Requ,est: The applicant is requesting the 4.1 foot variance from the required 13.0 feet NGVD in order to enclose the open area beneath the structure. The enclosure would be used for storage, meeting rooms, bathrooms, and an area to serve continental breakfasts. Analysis: Staff has forwarded this petition to all necessary review agencies and their comments have been incorporated Into the analysis and recommendation. [n reviewing a variance, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, end standards specified within the Flood Damage Prevention Ordinance and criteria 'a' through '1~ listed below. a. The danger that ~aterlals may be swept onto other lands to the injury of others: This property, by proximity to the Gulf of Mexico, I~ located in an area vulnerable to tropical storms and hurricanes. Thls property Is located In an AE flood zone In which base flood elevations have been determined. Although break-away const~ctlon is not required in an AE Flood Zone, there is always the potential, given a catastrophic storm event, for materials to be swept away. The likelihood of damage Lo adjacent properties as a result of this Is certainly minimized by the fact that adjacent deve!opment adheres to the current FDPO and building code standards. According to Collier County Emergency Hanagement Director, Hr. Ken Pineau, a landfalling category 2 hurricane could produce storm surge heights of eight feet which Is higher than the existing sea wall and could potentially cause damage to the subject structure. 2 JUL ~. 9 1997 b. The danger to life and property due to flooding or erosion damage.' If approved, the variance will not increase or exacerbate the danger to life and property due to floodlng or erosion damage during a catastrophic storm event. The proposed area of enclosure Is situated on the Gull' side of the existing structure where storm surge may occur. The building code allows standard construction material for an AE rio,od zone. This would allow for flood proofing, as designed by a professional engineer, to be employed. This would negate the neod for the variance and would reduce the potential for damage to the structure as a result of flooding. The applicant has been made aware of this option and has made Inquiries as to the cost of such Improvements. The applicant indicates that the cost of flood proofing an existing structure such as this is extremely prohibitive and constitutes an exceptional hardship. C. The susceptibility of the proposed facility and Its contents to flood damage and the effect of such damage on the Individual owner: The susceptibiliLy of this structure and its contents to flood damage is not significantly greater than for other structures similarly located in close proximity to the gulf. Flood proofing or break-away construction ~(ould certainly reduce the potential for damage and destruction; but, ultimately, the property owner will bear the cost of such damage, either in the form of increased insurance costs or replacement costs should insurance coverage not be available. d. The Importance of the services provided by the proposed fadlity ~o the community= The property has bee~n developed since 1978 with multi-family high-rise and other motels alongside. Thc: improvements are requested in order to improve the quality of services offered to motel guests and to make the business more competitive. The necessity to the fadllty of a waterfront locaUon, where applicable: Whereas this facility is located on a waterfront property, the proposed improvements have no bearing to this request; except for the economic advantage of a resort hotel on the beach. ~'. The availability of aiter~ative location, not subject to flooding or -rosion damage, for the proposed use: This cflteHa is not applicable as this is an ex!sting facility. An alternative location is not feasible. 3 ,~UL g g 1~7 g. The compatibility of the proposed use with exlstlng and anticipated development: This area is developed with multl-fam, ily, timeshare, and transient lodging facilities. The subject motel Is compatible with development in the area. h. The relationship of the proposed use to the plan and flood plain management program for the area: The proposed use is accessory and Incidental to the principal use as a motel, for which no change is proposed. i. The safety of access to the property In Umes of flood for ordinary and emergency vehicles: Access to the site is gained as long as Vanderbilt Drive remains accessible. The requested variance will not Impact the safety of emergency personnel when accessing the property in times of flood. j. The expected helghtsf velocity, duratlonf rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site: This property is located in an area vulnerable to tropical storms and hurricanes. Although this property is In an AE flood zone (Base flood elevations determined) it should be noted that 200 feet to the west of this proposed project lies a VE zone (coastal flood with hazan~ wave action; base flood elevations determined), lin the VE flood zone category, all construction below the determlned elevation must be made of breakaway mateAal In order to permit the storm surge to flow freely thus minimizing damage to I:he main structure. Aocordlng to Collier County Emergency Hanagement Director, Plr. Ken Plneau, a landfalllng category 2 hurricane could produce storm surge hei~hts of eight feet which would rise over the existing sea ~. The costs of providlng governmental ~rvl~ during and after flood conditions Including maintenance and repair of public utilities and facllltla~ such as sewer~ gas, ele¢.t~'ical~ water s'f~l~ms, ~'eet and bfldges~ and: The granting of this variance will not change the cost of providing governmental ~ervices from the present condition. II. Varla~ces shall not be Issued within any designated floodway I1' arty Increase in flood level,.~ during the base flood discharge would result: 'Fnere are no designated flcxx:lways within Collier County. J:.[DdJ/lg~ All agencies have responded with no objections with the exception of Hr. Ken Plneau, Director of Emergency Hanagement, who has recommended that this variance be denied due to the potential storm surge (see attached memo). 4 JUL S 9 ~997 The insurance ratings for residents of Collier County are based on many factors. One such program in th~ CRS/XSO (Community Risk Services/Insurance Services Organization). This program addresses different aspects of the Building Review and Permitting Department. Another program is relative to flood Insurance premiums that are required by most insurance companies. This program is offered by the Federal Emergency Management Agency (FEMA) .~nd is known as the Community Rating System (CRS). Each county is rated b't criteria set forth by the Federal Government. Collier County received its first reduction in the flood Insurance (5%) for the citizens of Collier County in 1993. Sin, ce then, additional requirements have been met and the County received a class 7 rating which translates to a ~.5% reduction in the flood insurance premiums paid by the citizens of Collier County. Annually, Collier County receives an audit from FEMA to determine progress made. One item evaluated i,; variances submitted and approved within the year. Additional programs that contribute to the success of the Program include: Maintaining Elevation Certificates; Providing Map Information; Providing a Flood Protection Library'; Doing Stormwater Management; Providing Flood Data Maintenance. GR~~~ None. This is an existing structure. ~:%SCAL IMPACT: There is no fiscal Impact to the County Itself for the granting of this variance. However, there is the potential for an impact to the residents of the County if the granting of this variance causes an Increase in insurance premiums. ,RECOMMENDATZON: Due to the lack of a land related hardship, staff recommends denial o¢ this petition. It should be noted, however, that other than the potential negative consideration by FEMA which might be a result of approval of this variance, all other negative aspects will directly impact the property owner. These potentla! negative impacts Include higher insurance coverage costs (if insurance coverage is even possible) and, should no insurance coverage be possible, the property owner bears the cost of replacement value resultant from damage or destruction caused by flooding. Staff does not believe that granting this variance will cause any greater risk to the health, safety, and welfare of the public during a catastrophic storm event than exists under current conditions. SUBMITTED BY: ate: 7' ' '~.w .~~'X~nsa~,,aggi~ ~' Customer Service' Agent Supervisor Building Director Date: Community Development & Environmental Services Divisioa 6 JUL ~ 9 1997 DATE: TO: FROM: CC: SUBJECT: MEMORANDUM April 25, 1997 Robert Salvaggio Building & Permitting.~artment Ken Pineau, CEM ~ Emergency Management Director Jeff' Walker, Risk Management Director Vanderbilt Beach Motel (FDPO Variance 97-1) I have reviewed FDPO Variance 97-1 for the construction of an enclosure at an elevation of 8.9 feet or 4.1 feet lower than that required by the Flood Insurance Adrrdrdstration in FIRM 0189E dated August 3, 1992. Ahhough the building is not in a wave velocity zone, a VE zone lies less than 200 feet west of the proposed project. A landfalling Category 2 hurricane could produce storm surge heights of 8 feet which would over top the existing sea wall and cause considerable damage. Hurricane Donna in 1960 produced nearly 12 feet or,urge along Vanderbilt Beach. Based on the proposed use of this enclosure, e.g. offices, storage, rest rooms, meeting rooms and an area to serve continental breakfasts, it is doubtful if this can be accomplished with break away walls. The applicant has not proved that the derdal of a variance would be an unnecessary hardship which is defined a:;: Loss of all beneficial productive use Deprivation of reasonable return on property Deprivation of all or any reasonable use Rendering property valueless Based on the information provided by the applicant, I recommend that this request for variance be denied. If there are any questions, please call me at 774-8444. KI~PMw R£CEI~/E0 PICTURE I - SEAWALL AT THE KEAR OF THE SUBJECT BUILDING PIC'HJRE 2- REAK VIEW oF"I'I-[E ..M~.Q ."1~. ~.S .TWO OTHER BUILD PICTUKE 3 - AREA TO BE ENCLOSED LOOKING TOWARDS BEACH PICTURE 4 - ,4,KEA TO BE ENCLOSED VIEWED FROM THE JUL 2 9 1997 u ~~_.,qiI ~ PICTURE 7 - SEAWATCH (BLDG 2N ON PLOT PLAN') PICTURE 5 - VANDEKBILT VACATION VILLAS (BLDG 5N ON PLOT PLAN) PICTURE 6- GULF POIIVI'E OF_~N .A~P.L~.S~N~)N PLOT PL~ 'i. I J lJ,J,JlijjJ~lJiJ, J 1- Ill Jli lJ :Ii I,, kll ,~ t JJ -t I: '" ,, ~tESOLUTION NO. 97- RELATING TO PETITION FDPO-97-1 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORDINARCE NO. 87-80) AS INCORPORATED BY REFERENCE INTO T){E COLLIER COUI~'TY LAND DEVELOPMENT CODE (ORDINANCE NO. 91-102). WHEREAS, the Petitioner, Vanderbilt Beach Motel, desires to enclose the first floor on an existing two story motel located at 9225 Gulf Shore Drive North, upon property more particularly described as set forth in Exhibit "A" which is attached hereto and incorporated by reference herein; and WH~RY. AS, said enclosure is to be constructed at an el~vation of 8.9 feet (NGVD), thus necessitating a rf~quest for a variance of 4.2 feet from the minimum base flood elevation of 13 feet (NGVD) required by Ordinance Number 87-80, as incorporated by refersnce into the Collier County Development Code (Ordinance No. 91-102); and ~RF~S, the Board of Zoning Appeals has held a public hearin9 as required by law; has reviewed Petition FDPO-97-1 in accordance with Subsections 18(5), (6) and (7), Ordinance Number 87-80, as incorporated by reference into the Collier County La.~d Development Code (Ordinance No. 91-102) and has made a finding that the granting of this petition cam{plies with the intent and purpose of Ordinance Number 87-80 as follows: (1) The 4.1 foot reduction from the Flood Insurance Rate Map (FIRM) 13 foot National Geodetic Vertical Datum (NGVD) requirement to 8.9 feet National Geodetic Vertical Datum (NGVD} is the minimum variance necessary, considering the flood hazard, to afford relief. (:) In passing upon thi~ variance, the Board of Zoning A~peala has considered &ll technical evaluations provided to it, all relevant factors, the standards )~ specified in Ordinance No. 87-80, especially those 40 contained in Subsections 18 (7) I JUL291997 , -l- L~, z NOW, T]fEP, EFORE, BE IT RESOLVED BY THE BOARD OF ZONING 2 APPEAZ$OF COLLIER cOUNTY, FLORIDA, that: 3 Petition FDPO-97-1 is hereby granted subject to th~ ~ followi~c~con~itions: s 1. The variance shall be for the 4.1 foot reduction of the & Minimum Base Flood Elevation required by ordinance No. ~ ~7-~2 ~ro~ 13 feet NGVD ~. 8.9 feet NGVD. s 2. T~e ~Lef Administrative Official shall mail a copy of ~ thfs~esolution to the Petitioner by certified mail return ~o r~c~]~t requested and such mailing shall constitute 11 cooL, ante with Section 18, (10) of Ordinance No. 87-80. 12 3. T~a ~ranting of this variance by the Board of Zoning 13 A,~x~3.s does not make or imply any assurances that the lA sr.5~ect property or structures are not subject to flood l~ 4. T1~ ~ranting of this variance shall not create liability 17 oct he ;art of Collier County or by any officer or is e'~'ee thereof for any flood damage that results from 19 r~liance on this variance or any administrative decision :0 l~wfnllymade thereunder. :~ 5. Ln~ting ~his variance, the petitioner assumes all ~ r~s~z~libility for any property damage resulting from its 2~ a~lication. 2¢ '.~tin~ Of this variance has b~en predicated 2s princi~lly o~ the engineering data and information provided by 2& the p~-{z-~n~er and a review of same with respect to the :7 consid~.-mr/on~ required by ordinance No. 87-80. ~e ~TT RESOLVED that this Resolution relating to Petition 29 Number~3~3-~7-1 be recorded in the minutes of this Board. 30 3h!~ Heaolution adopted after motion, second and majority $~ vote. 31 33 34 Done thil ATTEST Di~IG]{T E. BROCK, Clerk · 1997. BOARD OF ZONING APPEALS COLLIF~ COUNTY, FLORIDA TIMOTHY L. HANCOCK, CliAIRJ~tN APPROVED AS TO FORM AND LEGAl, SUFFICIENCY: MA~3OP,~I~ M. STUDENT ASSIST]~uNT COUNTY ATTORNEY f/FD~/97-1 PETITION NO. NUC-9?-2; BEAU KEENE, PE; REPRESENTING FIRST CHARTER SCHOOL OF COLLIER COUNTY, INC.; REQUESTING A NON-CONFORMING USE CHANGE FOR USE AS A SCHOOL AND ASSOCIATED USES; FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE PARKWAY AND 68TM STREET SW, CONSI,~I'ING OF +1- 5 ACI'~$; IN COLLIER COUNTY, FLORIDA. The petitioner request~ approval of a non-c~fom~ng use change from art indoor recreation center lo a school in the Estates zoning district. _CON~Ip~ The subject s~te contains an e;dsting building ~H'~icfl the Petitioner proposes to use for a school. The site was approved for a r~o~ use c~nge for indoor recreation on Februa.ry 26, 1996 (NUC-96-1). The Petitioner proposes Interkx renovatk~s and improvements to the parking and landscaping as wail as removal of exotic vegetatiofl. The petitioner plans an initial student body of approximately 100 middle schoo~ students. The school is scheduled to open for the 1997~98 school year using modular classrooms during the renovations of the existir~g building. Approval of this petition would have no fiscal Impact on tho County. The subJec~ site is located within the Golden Gate Estates designation on the Future Land Use Map of the Growth Management Plan. AJthough It is an existing non- conforming use, the site does not meet the criteria for a conditional use wit/tin the Golden Gate Master Plan. ~TORICIARCI-~_~_~ IMPAc'r. taft's analysis Indicates i~hat ths Petitfoner's p~ ~ ~t ~ ~in an A~ of Hbto~l a~ ~~i Pm~b~i~ as mfemn~ ~ ~ ~1 ~l~r ~n~ Pm~bil~ Map. A surly ~ Wa~r of His~ a~ ~i ~ & ~~nt, ~mfom, is not ~ul~. =~AF F RECOMMEN0~_O_..~ Since the use es a school is more compatible ~nlth the surrounding neighborhood than ~ previous retail and indoor mcrea~ uses, staff recommends approval of NUC-97-2. AG£NDA JUL S 9/997 PREPARED BY: ?.~.97 DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE DONA'Lr-D-'~. ARNOLD~'~CP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO~ ADM!NISTJ~kTOR DA~ COMMUNITY D[:%'ELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summ~3ry/N UC-97- I JUL ~ 9 1937' 1 2 5 ? 8 9 10 11 12 13 14 RESOLUTION NO. 97- R3iLATING TO PETITION NI~iBI{R NUC-97-2, FOR A NON-(~NFORMING USE CHARGE ON PROPERTY HEREINAFTER DESCRIBED IN COI~LIBR COUNTY° FLORIDA. WIiERF. AS° the Legislature of the State of Florid· in Chapter 125, Florid· Statutes. has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations ·s are necessary for the protection of the public, ·nd WHEREAS° the County pursuant thereto has adopted & Land D~velopment C~te (Ordinance No. 91-102} which establi·hss 16 regulations for the zoning of particul&r geographic divisions of 17 the County, ar~ng which is th~ granting of r,quests for 18 non-conforming use changes, ·nd 19 ~tEREAS0 t~e Bo·rd of Zoning Appeals0 being the duly elected constituted board of the ·re· hereby affected, ~as held · public 21 hearing after notice as in s,id regulations made and provided. 22 and has considered the advisability of a school in an 'E' Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said 26 regulations and in accordance with Section 1.8.6 of the Land Development Code for the unincorporated area of Collier County, and 29 WH~RF~,S, all intere~tsd parties have been given opportunity 30 to be heard by ~his Board in public meeting assembled and the 31 Bo·rd having considered all matters presented, 32 NOW. THEREFORE, BE IT RESOLVED BY TH~ BOARD OF ZONING APP~LS of Collier County, Florida,: that The Petition Numar ~C-97-2 filed by First Charter School of Collier county, Inc., with respect to the property hereinafter described as: 37 Tract 36, Golden Gate Estates. Unit No. 29 as recorded in l{lat AGE~IT~M, 38 Book 7, Page $7, of the Public Records of Collier County. { N~. 39 Plorida. ! 14 16 17 19 21 23 24 1 ~ be and the same hereby is approved for & school in the ) Rstates Zoning District wherein said property is located. 4 iR IT R~SOLVED that this Resolution melatin~t to Petition $ Nu~J~r NUC-~?-2 be recorded in ~he ~in~tes of ~hi. t ~te Resolution ad.ted af2er ~tton. second and ~Jorfty ~ne this ~ day of , 1997. A~: ~ OF ~ ~I~ ~. BRa, Clerk ~I~ ~, TINOTHY L. It~/COC~, Chairman Approved as to Form and I~gal Sufficiency: MarJc~rie M. Student ~ststant Cowry Manager -2- JUL 2 9 1997 I~., 4- NON-CONFORMING USE CHARGE APPLICATION N ' ''" JUL]71997 ~'ITION NUMBER NUC- (Assigned by Staff) DATE PLANN~.t ... AGENT'S NAME (if applicable) AGENT'S ADDRESS __~qO A%/('/tl't~/~t D~,'v~ N~TH OWNER'S N~E ~~~ OWNER' S ADDRESS ~0 C,'~D~ S~%N~H ~0 _~AVE. S.~ HA~a~,~ Jqll7 TI: FHONE~q~I) 77~-q0~ LEGAL DESCRIPTION OF SUBOE~' ~T ~T(S) B~CK(S) -- UPIT TOWNSHIP ~ 5 ADD~q$ OF SUBJECT PROPERTY: .iNG ZONING AND LAND USE: ADJAC~gT ZONING AND LAND USE: A/Y'.,~ or,% t. - ZONING LAND USE s. '~" _. W. TOTAL :SQUARE FOOTAGE OF PROPOSED NON-CONFORMING USE ' TOTAL NUMBER OF PAP. KING SPACES EXISTING ON SITS I~g~.r.~ TOTAL NUMBER OF PARKING REQUIRED FOR PROPOSED NON-CONFORHING USE__ . ,. ~ ..¥...* .-*.. * . IF TIiIS REQUEST PROPOSES A NUMBER OF POSSIBLE NON-CONFORMING USES, LIST ALL USES FOR WHICH YOU ARE REQUESTING APPROVAL FROM THE BOARD OF ZONING APPEALS. HOWLS OF OPERATION FOIl pROPOSED NON-CONFORMXNG USE(S) SECTION 1.8.6, ~~.~SE, OF THE COLLI~ CO~Y L~D D~E~PM~T CODE, ORDIN~CE 91-102, AI,I~WS FOR A CH~GE FROM ONE NON-CONFO~IING USE TO ~OTHER, ST '~ING THE FOL~WING: If no structural alterations are made, any non-conforming use of a structure, or of a structure and premises in combination may be changed to another non-confo~ing use of the same character, or tca more restricted non-conforming use, provided the Board of zoning Appeals, upon application to the site Development Review Director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing non-conforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing non-conforming use is continu~d. In pe~itting such change, the Board of zoning Appeals may re~ire appropriate conditions and safeguards in accordance with the intent and purpose of .this C~e. PLISSE PROVIDE A N~TIVE STAT~ENT EXP~INING E~LY ~T YOU PROPOSING/REQUESTING VIA THIS P~ITION. AS A P~T OF ~IS N~TIVE STAT~, YOU ~Y CHOOSE TO PROVIDE INFO~TION SUP~RTING THE P~ISE THAT ~E NON-CONFOrmING USE BEING REQUESTED IS SIMI~ IN CI{~~ (OR LESS I~ENSE IN C~~) ~ ~E P~IOUSLY EXISTING[APPROVED NC.N-CONFO~ING USE. ~DITION~LY, PL~SE PROVIDE INFO~TION/~~TATION SUP~RTING ~E P~ISE ~T ~E PRO~SED NON-CONFO~ING USE IS EQUA~Y OR MO~ ~PROPRIATE ~ THE DISTRI~ ~ ~E EXISTING (pR~IOUSLY ~PROVED) NON-CONFO~ING USE ~D ~E ~TION OF ~E STRU~E ~ S~O~ING PROP~TIES IS SUC~{ ~AT ~V~E EFFE~(S) ON OC~P~S ~D NEIG~ORING PROP~TIES WI~ N~ BE G~T~T~ IF ~g EXI~ING(PR~IOUSLY ~PROVED) NON-~NFO~ING USE IS CONTI~ED (Ag~ACH ADDITION~ PAGE IF NECESS~Y). -2- [ AGc...ND& P~EC~M~TION TO APPRO%rE FOR P~ECORDING ~ FIliAL PLAT OF ~]kL~ X~E SIX' To alpprove for recording the final plat of "Village Walk Pha~3e Six", a s~ivision of lands located in Section 6, Town~hip 49 South, Range 26 East, Collier County, Florida. Engineerin9 Review Section has completed th. construction drawing, .... :=. . ' e review of . ~-' °P=u~ £1cations and ' . the Walk Phase Slx". These doc - ,:_ fin. al plat of "Vllla~c uments are zn compliance with the Coun6y Land Development Code and Florida State Statute No. 177, All fees have .been paid· It is the intent of the developer to record the plat prior to construction of the improvements. The security in the a~un'-_ of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and an Irrevocable Letter of Credit. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recon~nends that the final plat of "Village Walk Phase Six" be approved for recording. ~-~~* The fiscal impact to the County is none. The project cost is $348,714.75 (estimated) to be borne by the developer. The cost breakdo~ is as follows: a) Water & Sewer - $152 156 00 b) D:.~ainage, , · Paving, Grading $196,558.75 The Security a~u~t, equal to 110% of the project cost, is $383,900.00 (as rounded up) The Cotuuty will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Sex-vices Revenue generated by this project: Total: $6,969.61 Fees are based on a i~,on, struction est~mat~G~.~X~" ~ $348,714.75 and were pa (] in June, 1997./ N..~ 'JUL 29 1997 · [. P,._/ _ Executive Summary Village Walk Phase Six Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 585.00 b) c) Construction Drawing Review Fee Water & Sewer (.50% const, est.) $ Drainage, Paving, Grading (.425% const, est- $ Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.275% const, est.) MANAG~ I~ACT, 760.78 835.37 - $2,282.34 - $2,506.12 None. This project is within Dew~lopment of Regional Impact, certain Concurrency requirements. the limits of the Vineyards and is therefore exempt from That the Board of County Commissioners approve the Final Plat of "Village Walk Phase Six" with the following stipulations: O 2. Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision i~.rovements. Authorize the recording of the Final Pla% of "Village Walk Phase Six." Authorize the Chairnman to execute the attached construction and maintenance agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: Jo~ R. Houldsworth, Senior Engineer Engineering Review Date RE%~.[EWED BY: Th~s E. ~:ck, P.E. Eng:[neering, Review Manager Pi~ Services/~rector Vincent A. Cautero, Administrator Co~manity Develc~nt & ~nvironmental Services Date Date ? ?JUL 2 9 25 36 PROJECT LOCATION 3 29 ;88 .31 6 32 . 33 T48 S VANDg'RBILT ROAD T.49 S 5 4 N S hT P2DGE ROkD 13 ? 8 (C.R. 896) 18 17 9 ! 15 o 24 19 20 3O c.R. ~) 29 21 22 2? CONSTRUCTION AND MAINTENANCE AGREEbtENT OF SUBDIVISION IMPROVEMENTS TI-IlS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IIv~ROVEMENTS entered into this day of ,1997 between Village Walk Development Company, Inc. hereinafter referred to as "Developer", and the Boanl of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be 'known as: Village Walk Phase Six. 2. Division 3.2 oI~ the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants h..'reinafter set forth, Develop:r and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constx~cted: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto its Exhibit "A" and by reference made a part hereof) within 12 months from the date of approval of said subdivision plat, said improvements hereinafter refaced to as the required improvements. JUL291997 0 contingent costs, together wit~ any damages, either direct or consequential, which the Board may stu.~ain on account of the failure of the Developer to c~rry out all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein conlained are and shall be binding Ul>m the Developer respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement Io be executed by their duly authofited representatives this ._ day of , 1997. Signed, Sealed and Delivered in the presence of: ATTEST: D~GHT E. BROCK, Clerk VILLAGE WALK DEVELOPMENT COMPANY, INC. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: David Weigcl Cxfllier County Attorney 96 ¢2~con&maln.~r By:. Timothy Hancock, Chairman EXHIBIT "A" ENGINEF. R'S COST ESTIMATE SUMMARY I. PoUtbl¢ Watr~ System II. Sa.,tltary Sewer Systm'n III. Drainage IV. Paving Concrete, Miscellaneous SubTotal Total (rounded to nearest $1,000) 10% of Total k~ 1.10% Letter of Credit amount 64,472.00 87,684.00 31~,299.00 $ 348,714.75 $ 349,000.00 S 383,900.00 JUL 2 9 1997 ADVISING BANK: LETTER OF CREDIT NL~4BER: P030128 ISSUANCE DATE: JULY 02, 1997 APPLICANT: DIVOSTA AND CX)., INC. AND VILLAGE WALK DEVELOPMENT CO. INC. 4500 PGA BLVD., NO. 400 PALM BEACH GARDEN, FL 33418 BENEFICIARY: BOARD OF COUI,rrY COMMISSIONERS C 0 PROJECT PLAN ~L~;IEW / , 2800 N. HORSnSHOE DR~ NAPLES, FL 33942 FOR USD 383,900.00 (THREE HUNDRED EIGHTY THREE THOUSAND NINE HUNDRED 00/100 U.S. DOLLARS ) DATE OF EXPIRATION: ~TULY 02, 1998 PLACE OF EXPIRATION: OUR COUNTERS GENTLEMEN: ~o Po3o1~8 ~N F~voR or mE BOM OF " ' ' DA HEREINA_WTER ~h'~r~.~x ~- ~-' COLLIER COtrNTY FLORI ( VE NAPL~ ~'~ORIDA ~ ~V!EW 2800 N. HORSESHOE DRI WALK DEVELOPMEN'I' t~ra~_~/u3__~ ..... 45 -. FOR UP TO TH~ AGGR~G~ · u.o ...... ' ~",~ - ~' ) 'DRAWN UNDER SUNTRUST BANK ON US BEARING ~_H~.0 ~LAUSE: . T NO P030128 ~ATED FLORIDA, N.A. 'S STANDBY LETTER OF CS~EDI · JULY 02, 1997", ;~ND ACCOMPANIED BY: BENEFICIARY:S DATED CERTIFICATE PURPORTEDLY SIGNED BY THE INC. HAS FA~[~Eu 'l'u ,,.v~.u~.~, IMPROVEMENTS ASSOCIATED WITH VItaE WALK PHASE V OR A FINAL INSPEC'fION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORM,%/~CE SECURITY }{AS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." 2. THE ORiGINaL OF THIS LETTER OF CREDIT. THIS LETTER OF CREDIT EXPIRES ON JULY 02, 19~8. ~' IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED A',71'OMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE ~cE To ¥'o~ .~ C~R~I~ED _~IL ~ ~ ~ . . ""' S~L~ ~OT ~ ~ TH~S CRED~ FO~ ~ SUCH ~D~, ~,~ ~ (;' . . . . · ~..____&..____ LETTER OF C~EDIT NUMBER P030128 PAGE NO. 1 S UST WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH 77{E TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRES~]TATION AND DELIVERY OF THE DOCUMENTS SPECIFZED ABOVE TO S .UNTRUST ,BANK. SOU774 FLORIDA__N.A., FT. LAUDERDALE, PLACE 16TH FLOOR L~TTER OF CREDIT U~l'~'., - GEORGIA 30303 ON ~)R BEFORE JULY 02, 1998, OR ANY ~TENDED ~TE. EXCEPT AS .OT~ERWISE EXPRESSLY STATED ' IN FULL THE TERMS OF OUR CREDIT SET~ ~ORTH¢IHALL NOT IN ANY WAY BE MODIFIED AM~__E~DED, OR SUCH UNDERTAKING ............ AMPLIFIED BY REFEkENCE TO ....... ~ ........ /, ,.,., AGREEMENT REFERRED TO HEREIN OR 'IN wi-l~ '£~.s ,.,'-,,.~"-~. CREDIT IS REFERRED TO OR THIS LETTER OF CREDIT RELATES, AND ANY SUC~{ REFERENCE SHALL ~O'£ BE DEEMED TO INCORPORATE HEREIN BY BY REFERENCE ANY I)OCUMENTS, INSTRUMENTS, OR AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN& THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCU~4ENTARY CREDITS" (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. S I NCERELY, SUAVERUST B]~TK, SOUTH FLORIDA, NATIONAL ASSOCIATION FORT LAUDERDALE, FLORIDA . , '... V: ~./?../~_..~...'..", /t ~U'I'~U~J;Z~JIJ. ~£{$N~'I'U~]:; . ,. /~'~- ~,~'.~.'~ '.-.?.~'f.7,c-.-: 5'..',': :.-.-. ~_ .',.",.:,,,.-_r L".:'~:;'..': ':, Ei.".~T ~_ -5::':~: ~.<',:-'.r' ~'::,':~: :' : .. '- ' f;:.A :¥:: ,.N AMENDMENT DATE: ~-,'rULY- 11, ,-1997 .... ~ ~:S.~u.~. ~-:::,....~ £"..-. '-~' _" "LETTER' OF "CREDIT' }KIMBER: P030128 j.:.. ~: f =.-S.~?.ADViSiNG ~'"' '-' '=' BANK:C: -.-~ %::-,. '~ u,~..?;: E~-:,~ 'APPLICANT:o" .r-,.,:~ c. ,.~. ;t%~ ~ ......... ~',-,- -- .-? . :.,-r-,-= '::'S~:": ~_:.~,:?~c':.- 5..'..i:,:..': 5L:.'77~:-~. ~vj~.DIVOSTA"'AND'.CO~- INC.-.AND :';: '.:': : .... " ......... -' VILLAGE WALK DEVELOPMENT CO. . .- 4500 PGA BLVD., NO. 400 ~-,..::.:'? :..'::..¥? }·' :':~t: 5?~:L:~.~ 3:."-'::'.t~-: ~:t',::.PALM .BEACH GARDF.,N, · ~'.-.t'.." ._:,,- r.,---: ~';'.'7.:'t" ~ :.?,'L-t ':- ::' ' '~ ,: ." :..'~.T:'.' :-7 : · '? t. ~ ': ' 7: './; -~ -'.': ~-.' BENEFICIARY: --. ~ .... ¢ :T:,:?; :: -~-',-"-:~ ?. :'-' BOARD OF- COUNTY 'COMMISSIONER~ :.i: '.'." - ....... .. ~- . _ COLLIER COUNTY, FLORDIA '- ~=- -- "'7-' - '" ~'"'"-'" · ': :" ~'"':'C/O .PROJECT'PLAN :REVIEW - '"'~:' ; ..... :' - .... '~' .. . 2800 N. ,HORSESHOE DRIVE .... . -. ~-.."?' '"'NAPLES, FL"~q942:' : -' .... " ....... ' ................ :' .-".'T:.:- ' '~.'~.: :. "-- ~-'"t"'- ?.,i:'-.-. '_-":::~ ?..7:-,'."; · THIS A3f. FN--DMENT IS TO BE CONSIDERED AS .PART OF THE ABOVE · :.. DEVELOPMENT COMP~Y,' INC.. m~.S-FAILED -TO CONSTRUCT AND/OR ~ MAINTAIN THE IMP~.OVEMENTS ASSOCIATED WITH VILLAGE WALK PF, ASE VT 'OR A FINAL INSPECTION SATISFACTORY TO .COLLIER COUNTY HAS NOT -..~ BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY . . ALTERNATIVE PERFORMANCE SECURITY HAS .NOT BEEN PROVIDED TO AND FORMALLY .ACCEPTED BY THE BENEFICIARY." } .~ ... ..- ...!:.: ..... ALL OT~ER TERMS AND_CONDI. TI.ONS REMAIN UNCHANGED. -:.~~ : ...~ ..: ~...~..., - z ' .:' 'T .;''.~ . .-. :'.'~l.'.-~ .~ '.~"--... .': ......... ''"'' ~", ,' .... ' ' ' SINCERELY,. ~' - -., .- -~.- r::'.- -'.:, '~- : '...: '.;' .~.7.~'.,'..~ ~ " . ·" ~ FORT .LAUDERDALE,' FLORIDA .... ' .... "' .. : ....-- · ~.-:.-... - .-' -" '~.-: ~. .... -' i .".z:r :~.. .'~_- _'.':i :'w ~..7'.': 5 - .: !.'.. -" · ~. ..' : z .. ,..-. : - , :~. - -. -, .'~-'.. ~' ' . ': . i ~ . ,~j,.~; ~.,L.:..~.,. $~-,'.,.~:: .~.,7~ :~v.',h;'.--': -2:.:.7~'s't .~:..L%'~ .~-c;'i','.'.~'; 5~.?.'7~....: '~ · . . ~ : '.~' .i; 2..;~'. ' :'..., -:.." t:.~.';~':,'~: -: ..'.. :'.~t --: i-:-.7':...--. _- ..... .~. '_'-..'.,7'.'.'-: '~.-:'.-.': "..:"7:': ':: :: ., --' - '.-..'.: ~ .':..7 .:'.:: E :',T.': ~ .}. i::.i: :-.".:'. ". E:' - ~ . - -.....-- .~.-.- . :? .' ." :-'~ £'j. T-:..-'7 _'-:.'.';7,~" .~'",':':t :.' ~i',-.:.'.:: -' '.-'~:':': ':' -. ~..~':' ..-: .? ...h.~:: £. ~:;....-.. .-.: <:::..~..: ~.~'::','.,~'-,': ~..:;i:~','r. ?,'?z.~:' -:~-'-..~',.-~ .-~ .............. A~m~C~(X3(~ T~=~422~0 , _ _. ! ~%;L..&, ~ I]~/ ! P-E(~ATiON TO APPROVE THE FINAL PLAT OF "AVILA, UNIT ONE" TO approve the final plat of 'Avila, Unit One", a subdivision of lands located in Section 24, Township 49 South Range 25 East Collier County, Florida. ' ' Engineering Review Section has completed the review of the con~3truction drawings, specifications, and final plat of "Avila, Unit One". These documents are in compliance uith the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the imp:rovements for this project prior to recording of the plat or to fu~ish the required amount of approved security for recording pu~ses at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Eng:ineering Review Section recommends that the final plat of "Avila, Unit One" be approved with the stipulation that the final plat not be recorded tu~til the required improvements have been constructed and accepted or until the approved security is received to guarantee co~;letion of the re~ired impzx~vements. The fiscal impact to the County is none. The project cost is $78,404.93 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $45,727.40 b) Drainage, Paving & Grading - $32,677.53 The County will realize revenues as follows: Fund[: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by tht~ project: Total: $1,280.91 e._es ?re based on a construction estin~mte o~ Aa~U~Q~ · 7,497.73 (does not include ~table water ~ N~.~ i~ro~nts which will ~ copveyed to the ~it~f~ ~ ~ Naples) ~d were paid In Jan~, 1997. F~ecutive Summam?/ Avila, Unit One Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$429.00 b) Construction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, est.) - $ 74.10 Paving, Grading (.425% const, est.)- $138.87 c) Construction Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) - $222.30 Drainage, Paving & Grading (1.275% const, est- $416.64 ~0W77{ MAN. AGEKENT IMPACT: The Concurrency Waiver and Release relating to conditional a])proval has been reviewed and approved by the County Attorney's Office for the project. ~COHMKNDATION~ That the Board of County Commissioners approve the final plat of "Avila, Unit One" with the following stipulations: That the final, plat not be recorded until the required in~provements have been constr~cted and accepted or until approved security is received for the %uncon~leted i~provements and that construction shall be completed within 36 ~nths of the date of this approval. Authorize the Chairman to execute the attached Constr~ction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. D JUL ?. i~xecut ire Summary ',kvila, Unit One Page 3 PREPARED BY: 'I0hn-R. ~ouldsworth', Senior Engineer '.~ngineering Review I.~VIEWED BY: ~~:~oma, m. Kuck,~p. ~ ]~gineering Review Manager ~)nald W. Arnold Plann,,,i~g Se~.~vices Director "lncent A. Cauterol Administrator Comm~unit¥ Development & Environmental Se~-vices ¢o,~,,,~ulity Dev. and Environmental Svcs. DIVISION dRR: ew Date Date Date Date CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTKUCTION AN MAI2qTENANCE AGREE~ for SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this day of , 19__, between BRENTWOQD DEVEI~OPMENT GRQUP,/NC, hereinafter referred to az "Developer' and the Board of County Commissioners of Collier Count)', Florida, hereinafter referred to az "The Board". Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known az: A VII~t UNIT QNE. Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by said .subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter :;et forth, Developer and the Board do hereby covenant and agree az follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving .A V/L.4 UNIT ONE within J6 months from the date of approval or' said subdivision plat, said improvements herein after referred to az the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commi~oners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance securit). (Letter of CrediffSurety Bond), in the smount of -,b?~,ztfO.oo , which amount represents 10% of the total contract cost to ~mplete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdiv/sion plat for reeordin8 and grant preliminary approval of said plat. The required improvements shall not be considered complete unffi a statement of szflastantial completion by Developer's ensineer :dong with the final project records have been furnished to be reviewed and approved by the Developmem Services Director for compliance with the Collier County Land Development Code. AC,--. ' . JUL 2 9 ~.17 to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of lhe improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions w~ch the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvement:, it' they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition 1he Development Services Director to inspect the required improvements. The Developmen: Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue urdess or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintal~ or ca.:se to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable ~o pay and Io indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, w,hich the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. JUL ~ ~ 1997 IN WITNF_~S VVI-IEREOF, the Board and lhe Developer hav~ caused Ods A~reerr~nt to be ~xecuted by ihgr duly &uthoriz~d repres~ntafiv. ~ ~ day of ,19_. Si~ed. Sealed and Ddivcred in ibc presenc~ of: BRENTWOOD DEVELOPMENT GROUP, INC. Arthur Shaf~ Presidlm! ~ ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMM/SSIONERS OF COLLIER COUNTY, FLOKIDA Approved as to form and legal sufficiency: t--q_.- D~vid C. Weigel Collier County Attorney By:. Timothy L. Hancock, Chairman JUL 2 9 1997 X , i f AG... '~ ~ JUL ~ 9 1997 JUL 2 9 19'-~7 P.E(.~MK~iATION TO APPI:OVE THE FINAL PLAT OF 'AN/LA, UNIT TWO' To approve the final plat of "Avila, Unit Two", a subdivision lands located in Section 24, Township 49 South, Range 25 East.. Collier County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Avila, Unit Two" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees hav~ been paid. It is the intent of the developer to construct the improvements for this p=oject prior to recording of the plat or to furnish the required amount of approved security for recordin~i purposes at a later date. This procedure would be in conformance witi5 Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Avila, Uni:: Two" be approved with the stipulation that the final plat not be recorded u~til the re.quired improvements have been constructed and accepted or until the approved security is received to guarantee co~)letion of the required improvements. The fiscal impact to the County is none. The project cost is $81,604.95 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $21,301.70 b) Drainage, Paving & Grading - $60,303.25 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,617.12 Fees are based om a construction estimate If $68,450.95 (does not include ,"ltv. . of NaDle~_ -Dotab water) and were paid in January', 1997. / JUL Z Executive SunTaary Avila, Unit T~o Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$429.00 b) Construction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, est.) $ 40.74 Drainage, Paving, Grading (.425% const, est.)- $256.29 c) Constl~ctton Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) - $122.22 Drainage, Paving & Grading (1.275% const, est- $768.87 ~,~OWTH MANA(]EM~TT The Concurrency Waiver and Release relating to conditional aipproval has been reviewed and approved by the County Attorney's Office for the project. That the Board of County Commissioners approve the final plat of "Avila, Unit T~.o" with the following stipulations: ~) That the final plat not be recorded until the re,aired improvements have been constructed and accepted or until approved security is received for the uncoff~leted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. Rxecut ire Su~vaa:~y Avila, Unit Two Page 3 ILngineering Review ~VIEWED BY: Thomas ~.. Kuck, P.E. R~gineering Review Manager Pla,nni.~ Sez~,ices Ds rector Vi'ncent A. Cautero, ~dministrator Co.,,~unity Development & Environmental Se~ices Co--unity Dev. and Environmental Svcs. DIVISION J.~: ew Date Date Date Date JUL ~ 9 ~7 PI~. ~ CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENTS PRIOR TO KECOKDING OF PLAT AGREEMENT, entered in~o this ~-- aay of ~ 19__, ~.tween ~ ~v00~) D~V~L~~0''' hereinafter referred to as 'Developer" ~nd the Bo~'d of County Commi~ioners of Collier County, ~ofid~, herein~er referred to ~s "The Board". ?~CITALS I Developer has, simultaneously w~th the delivery of this Agreement, appfied for the approval by the Board ora certain plat of subdivision to be known ~a: ~V/LA UNIT TWQ. 2 Division 3.2 Of the Collier County Iamd Development Code ~llows the Developer to construct the improvements required by ~d subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises ~d mutual covenants hereina~er set forth, Developer and the Board do hereby covenant ~nd agree as follows: 1 Developer will cause to be constructed: Water, ~ewer, drainage, access, buffer ~.nd llgh~:ing iruexastructure serving A V/L.xI_ UN/__~_~_~ w~thin J.~ months from the date of approval of ~xid subdivision plat,--~ improvements herein ~er referred to as the requ'Xed improvements. 2. Developer herewith agrees to construct ~xid improvements prior to recording ~d subdivision plat ~nd the Board of County Commissioners shall not approve the plat for recording until .~aid improvements have been completed. 3 Upon completion of ,.aid improvements, the developer shill tender its pefform~ce security (Letter of Credit/SuretY Bond), in the ~xnount of %~\~O.oo ~ which ~rn,)unt represents 10% of the total contract cost to complete eoeatruetion. Upon receipt of ~id subdivision per£orm~nce security by the Development Services Director, the Developer may request the Bo~d of County Commisfioner~ to approve the mbdivision plat for recording ~nd gr~t prelirnin~a'y approval of ~tid plat. 4 The required improvements sh~ll not be eom~idered complete until a ~tement of ~ab~tantial completion by Developer'~ engineer ~long with the fax~l project record~ h~ve been furnished to be re-dewed ~nd approved by the Development Services Director for compliance with the Collier County l.~nd Development Code. JUL 2 i~ 1997 to be reviewed and itpproved by the Development Services Director for compliance with the Collier County Land. Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of Ns refusal to approve improvements, therewith specif)4ng those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements it' they are in fact constructed and submitted for approval in accordance with the requirements. of this Agreement. The Developer shall maintain all required improvements for a minimum period of one yem' a~er preliminary approval by the Development Services Director. After the one year maintenance periocl by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Developmen': Services Director er his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the l~/o subdivisions performance security. Th,: 15eveloper's responsibility for main,,enance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreemenl, upon certification of ,,uch failure, the County Administrator ma)' call upon the ~bdix4sio:a performance security to secure ~tisfactory completion, repair ~nd maintenance of the required improvements. The Board shall have the right to construct and maint~n, or cause to be con=~.-,2cted or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, ~ principal under ~he subdivision performance security, shall be liable to pay and to indemnify the Bom'd, upon completion of such construction, the final total co~t to the Bo~d thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may s,~stain on account of the failure of the Developer to fulfill all of the pro~'isions of this Agreement Ail of the terms, covenants and conditions herein contained m'e mad slmll be binding upcn the Developer and the respective successors and ~signs of the Developer. JUL ~ 9 o° · IN WITleSS WHEREOF, the Board ~d the Devdoper have caused th/s Agreement to be executed by thdr duly ~ud~orized representatives thh ... day of ,19__.. Signal, Sealed tnd Delivered the presence of.' B~OOD DEVELOP~ GROUP, INC. BY:-Anh~_ ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COONTY, FLOR.IDA Approved as to form and legal su~ciency: 67~- l)avid C. Weigei (;oilier County Attorney By: Timothy L. Hancock, Ch~irm~ JUL 2 9 1997 X "3"' 0 JUL 2 9 1997 .JUL 2 9 ~? Pa- ~ ~ P.~C(~(M~NDATION TO APPROVE THE FINAL PLAT OF "AVILA UNIT THREE" TO approve the final plat of "Avila, Unit Three", a subdivision lan~!s located in Sect {on 24, Township 49 South, Range 25 Col]/er County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Avila, Unit Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees ha%'e been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recordim~ purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Lahd Development Code. Engineering Review Section reconmmends that the final plat of 'Avils, Unit Three" be approved with the ~tipulation that the final plat ncr be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT The fiscal impact to the County is none. The project cost is $144,514.79 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $54,574.70 b) Drainage, Paving & Grading - $89,940.09 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2,770.10 Fees are based on a construction estimate o~ $130,545.19 (does not include City of Napl~ ~ '-'~ potable water) and were paid in January, l~7.j~[ Executive Summary Avila, Unit Three Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$ 429.0C b) Const,-uction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, emt.) . $ Paving, Grading (.425% const, est.)- $ c) Construction Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) $ 609.0~3 Drainage, Paving & Grading (1.275% const, est- $1,146.74 203.03 382.25 The Concurrency Waiver and Release relating to conditional apFroval has been reviewed and approved by the County Attorney,s Office for the project. P~Q_~TION~ That the Board of County Commissioners approve the final plat of "Avila, Unit Three" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. 3) ~tecut ire Summary A~,ila, Unit Three P~ge 3 PP~PARED BY: John R. }{ouldswor~h, Senior Engineer Er-gineering Review P~.VIEWED BY: P.E. Engineering Review ~anager Donal~ W. ~nold Pla~ing Se~ices Director Vincent A. Cau~ero, Ad~inis:ra~or Co,n~unity Development & Environmental Se,wices Co'~munity Dev. and Environmental Svcs. DIVISION JKff:ew Date Date Date CONSTRUCTION AND/~INTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDMSION IMPR`OVEMENTS PRIOR. TO RECORDING OF PLAT AGREEMENT, ~ntered into this day of .._, 19.._, between tIR. ENT~OQD ~EVELOPMENT GROUP. hereinafter referred to as "Developer" and the Board of County Commis~ioner~ of Collier County, Florida, hereinafter referred to as "The Board". 2 Developer has, simuhaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdM~ion to be known as: A ~ UNIT THREE~. Division 3.2 Of the Collier Count), Land Development Code allows the Developer to construct the improvements required by said'subdivision regulations prior to recording ~he final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenanu hereinafter ~et forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving A V/LA UN/T/7:irREE within ~6 months fi.om the date of apprmnfl of said subdivision plat, sa/d improvements herein after referred to as the required improvements. Developer herewi',h agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat fx recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance ~ecufi~ (Letler of CrediffSurety Bond), in the amount of ~l~r. ~ I.oO , which amoral represents 10% of the total contract cost to complete con.,r~ruction. Upon receipt of mid ~bdivision performance t~-'urity by the Development Services Director, the Developer nuty request the Board of County Commissioners to approve the mbdivision plat for recordk8 and grant preliminary approval of said plat. 4 The required improvements shall not be considered complete until a statement of substanti;fl completion by Developers engineer along with the final project records have been furnished to be reviewed and approved by the Devdopment Services Director for compliance with the Collier County Land Development Code. 'JUL 2 9 1997 Pz. ~__..~.._.. Io be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director sha]l, w~th~n sixty (60) days of receipt of the stateme,~t of substantial completion, either: a) notify the Developer in writing of his prelimina~ approval of the improvements; or b) aoti~ the Develop~ ~ ~fing of ~s r~ ~o approve improvements, therewith s~ng those conditions w~ch the ~1o~ ~ ~lfill in order Io obtain the Dir~oFs ~pprovfl of the improvem~ts. How~, ~ no ~ent shall the Devdopment Se~ces Dk~lor re~se prdi~n~ appro~ of the improvers if they ~e in fact constm~ed ~d sub~n~ for approvfl in a~rd~ce ~th the r~u~ts of this Agreement. 6 The Developer shall maintain all requh'ed improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year mainten~ce period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier Count3, l.~nd Development Code as reflected by final approval by the Board, the Board shall release the 1~4 subdMsions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepls maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the sulxtix4sion performance security to secure satisfactory completion, repair and maintenance of ~h.*. required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of accepi.,nce of bids, the improvements required herein. The Developer, as principal under subdivision performance security, shall be liable to pay and to indemnify the Board, Ul:On completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direr or consequential, which the Board may sustain on account of the failure of the Develope~ to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding u[.,on the Developer and the respective successors and assigns of the Developer. 'JUL 2 S 1997 PI, WITNESS WItEREOF, the Board and the Developer have caused this Agreement to be ~:xecuted by their duly luthorized representatives this ... d~y of ,19__. Signed, Sealed and Delivered in the pre~ence of: BR.ENTWOOD DEVELOPMENT GR. OUP, INC. By: ~r~Sh~-- ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONER~ OF COLLIER COUNTY, FLOP, IDA Approved as to form a.nd legal sufficiency: ~L~ D~vid ~i Wei~gel Collier County Attorney By:. Timothy L. Hancock, JUL Z 9 1997 0 I- 0 o 0 ',JUL I%ECOMMENDATION TO A~PROVE THE FINAL PLAT OP "AVILA, UNIT FIVE" To approve the final plat of "Avila, Unit Five", a subdivision of land:~ located in Section 24, Township 49 South, Range 25 East, Collier County, Florida. CONS ID~RATIQ~, Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Avila, Unit Five". These documents are in compliance with the County Land Deve].opment Code and Florida State Statute No. 177. All fees hay. been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furn].sh the required amount of approved ~ecurity for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. lEngineeringReview Section recommends that the final of plat "Avl!a, Unit Five" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAb IN~ACT~ The fiscal impact to the County is none. The prDject cost is $79,722.42 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $25,399.00 b) D~ainage, Paving & Grading $54,323.42 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,632.58 Fees are based on a construction estimate qf _¢ _ _£. $67,928.02 (does not include City of Naple~ ~~ potable wa~er) and were paid in January, 1~97. ~'r~--~ JUL Executive Summary' Avila0 Unit Five Page 3 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$437.00 b) Construction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, est.) $ 68.02 Paving, Grading (.425% const, est.)- $230.87 c) Construction Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) - $204.07 Drainage, Paving & Grading (1.275% const, est- $692.62 The Concurrency Waiver and Release approval has been reviewed and Attorney's Office for the project. relating to conditional approved by the County RE~QKMENDATION: That the Board of County Commissioners approve the final plat of "Avila, Unit Five" with the following stipulations: That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) AuthDrize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no buildin9 permits be issued until the final plat is recorded. Dr 'JUL ~, 9 1997 ~xecutive Summary Avila, Unit Five Page 3 P~'~PARED BY: John- R. Houidswor~, Senior Engineer ~ngineering Review REVIEWED BY: EnE;ineering Review Manager Donald W. Arnold Planni~ Services Dir.~ctor Community Development & Environmental Services Con, inanity Dev. and Environmental Svcs. DIVISION ~ :ew Date Date Date Date ~,JUL 2 9 lC.97 I~. CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGRE~ for SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this ___ day of , 19__, between ~REArrWO(~D DEVELOPM'ENT (~ROUP. jl~I~, hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereina~er re[erred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the app,'oval by the Board of a certain plat of subdivision to be known as: A I/IL'4 UNIT FII~,,,.. 2 Division 3.2 Of the Collier County Land Development Code ~llows the Developer to construc~ the improvements required by said subdivision regulations prior to recordinll the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants herein~ter set fortk, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be construcied: Water, sewer, drainage, access, buffer and lighting in_~'astructure serving ,41,2ZA U]VIT FD"E within ~ months f~om the date of approval of said subdivision plat, said improvements herein after referred to as the requked improvements. Developer herewith agrees to con~ruct sa~d improvements prior to recording sa~d subdivision plat ~d the Board of County Commissioners shall not approve the plal for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance se~riW ('Letter of Credit/Surety Bond), in the arnount of "%~7~77~'oO ~ which arn,:~unt represents 10% of the total contract co~ to complete con,ruction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the ~ubdivision plat for recording and grant preliminary approval of~d plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final projecl records have been furni~ihed to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. to be reviewed and al>proved by the Development Services Director for compliance with Ihe Collier County I.~nd Development Code. The Development Services Director shall, w~thin sixty (60) days of receipt of the statement of substantial completion, either: a~) notify the Developer in writing of h~s prelirrd~u'y approvaJ or the improvements; or b) notLry the Developer in writing of his refusal to approve improvements, therewith spec~fiy~ng those conditions which the Developer m.~st f~llill in order to obtain the Director's approval of the improvements. However, Ln no ev, mt shall the Development Services Director reK~se preliminary approval of the improvemenB ilr they ~re in fact constructed and submitted for approval in accordance with the requiremeats of this Agreement. The Developer shall maintain ail required improvements for a rnk~mum period of one y~ afl. er preliminary approval by the Development Services Director. After the one ye~_r maintemmce period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or h~s designee sh~ inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final apprcvaJ by the Board, the Board shall release the 10% subdMsions performance security. ',~e Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts mainten.~nce responsibilitS' for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactors' completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnifs' the Board. u':)on completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either di'ect or consequential, wh. ich the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 'JUL 2 9 1997 P~. IN WITNESS WI-IER~.O~F, the Bo~d mad the D~v~Iop~ have caum~d thi~ A~'~,,u~. executed by their duly authorized r~presenlativ~s this ... day of ,19__. Silted, Scaled and Deiiver,-.d in the presence of: BRENTWOOD DEVELOPMENT GROUP, INC. By: ~ _ Arthur Shaffan, Pr~id~em A'FrES'r: Dwight E. Brock, Clerk BOARD OF COUNTY COlvilvilSSIO~S OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: . Da~ C. Weigel ' Collier County Attorney By: Timothy L. Hancock, Chairman 'JUL 2 9 '1997 · ~,~. X ~8~88888 'JUL 2 9 1997 JUL 2 9 1997 PI. ~' RE!-~OMMENDATION TO APPROVE THE PINAL PLAT OF "AVILA, UNIT SIX" TO approve the final plat of "Avila, Unit Six", a subdivision of' lands located in Section 24, Township 49 South, Range 25 East, Co].lier County, Florida. C~!DERATIO~, En~'ineering Review Section has completed the review of the co~.struction drawings, specifications, and final plat of "Avila, Unit Si~". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required, amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Avila, Uni'= Six" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FI S(~%L IMPACT The fiscal impact to the County is none. The project cost is $87,925.82 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $25,873.80 b) ]Drainage, Paving & Grading - $62,052.02 The County will realize revenues as follows: Fund:: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue 9enerated by this project: Total: $1,772.76 Sees are based on a const~ction $75,8.95.82 (does not include CZty of Napes water; and were paid Executive Summary Avila Unit Six Page 2 The breakdown is as follows: a) b) Plat Review Fee ($425.00 + $4./ac) -$441.00 Construction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, est.) - $ 69.22 Paving, Grading (.425% const, est.)- $263.72 c) Construction Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) - $207.66 Drainage, Paving & Grading (1.275% const, est- $791.16 9KOWT~ MANAG~ The Concurrency Waiver and Release relating to conditional aLpproval has been reviewed and approved by the County Attorney's Office for the project. That the Board of County Commissioners approve the final plat of 'Avila, Unit Six" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved secu~city is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. D 'JUL E~ecutive Summary ~mila, Unit Six Page 3 PREPARED BY: John R. }touldsworth, Senior Engineer i~ngineering Review ]LEVIEWED BY: ;rh0mas' 6.~uck, P.E. ]~'ngineering Review Manager :Donald ~. Arnold ~i~g Services Director 'Vincent A. Cautefd,' A~hninistrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date bate JUL 2 9 1997 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTKUCYION AN MAIHI'ENANCE A(]~ for SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGP._Ft:MENT, entered into this ___ day of , 19__, bev,veen BRE. NTWOOD DEVELOPMENT G~QUP. iNC. herein~ter referred to as "Developer" and the Board of County Commissioners of Collier Gomty, Florida, herein~er reft:fred to ~ "The Board". 2 Developer has, :fimultaneously with the deliver) of this Agreement, applied for the appr,.wal by the Board of a certain plat of subdivision to be known ~z: d V/L4 ~T SIX. Division 3.2 Of the Collier County I.~nd Development Code ~o4 the Developer to construct the improvements required by said subdivision regulations i~rior to recording the final plat. NOW, THEP, EFOKE, in consideration of the foregoin8 premises and mutual covenants hereiaatter set forth, Developer and the Board do hereby covenant and agree, as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving ~..~_.H..4~ within ~.~ months from the date of approval of s~d subdivision plat, said improvements herein after referred to as the requir,~d improvements. o Developer herewith agrees to construct said improw~nents prior to recording s,~id ~ubdivision plat ~a~d the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shill tender its performance security, (Letter of Credit/Surety Bond), in the srnount of ".~'7~0.oc~ . which ~mou~t represents 10% of the total contract cost to complete cora'truc,'fion. Upon receipt of r~id subdivision pefformmce security by the Development Services Director, the Developer may request the Board c,f County Commissioners to approve the subdivision plat for recorclint: and grant preliminary approval of'said plat. The required improvements shall not be considered complete un~ a g~ement of sub~u~tial completion by Develops ~ ~on$ ~ ~ ~ p~j~ ~ ~ b~ ~ to be r~ ~d approv~ by ~e D~elopm~t S~c~ ~or for ~mp~a~ ~ ~ CoBi~ Coun~ ~d Development C~e. to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director si"mil, ~vithin sixty (60) days of receipt of the statem.-nt of substantial completion, either: a) notify the Developer in writing of his preliminats, approval of the improvements; or b) notify the Developer in writing of his refu~tl to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to oN.in the Director's approval of the improvements. However, in no event shall the Development Services Director revise preliminary approval of the improvements if they are in fact constructed ~nd submitted for approval in ac. cord~nce with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one ye~tr after preliminary approval by the Development Services Director. A_Cter the one ye~.r maintenance period by the Developer h~ terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or tis designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivisions perfonmance security. The: Developer's responsibility for maintenance of the required improvements shall continue unless or until the Bo~d accepts maintenznce responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security 1o secure satisfactory completion, repair and maintenance of lhe required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, wNch the Board may sustain on account of the failure of the Developer to fi~lfill all of the prox4sions of this Agreement. ~I1 of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 ,~. I~ tJUk 2 ~ 1997 P~,_ ~ ,,, IH WITNESS WHEREOF, th: Board and the Develol~r h~ve c~u~:d this Agreement to be executed by their duly authorized representatives this ~ day of ,19__. Si~ed, Set]cd ~nd Delivered in '~hc presenc~ of: BKENTWOOD DEVELOPMENT GROUP, INC. By:. ~ ~ ATTEST: ])wight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF CO~ COUNTY, FLORIDA Approved as to form and legal sufficiency: )C. David C. Weigel Collier County Attorney By:. T'unofl~ L. I-l~coc~ ~ *JUL 2 9 1997 0 o o 0 888 'JUL 119 1997 ]t~C~~TION TO APPROVE THE FINAL PLAT OF "AVILA, ~INIT FOUR" TO approve the final plat of 'Avila, Unit Four', a subdivision of lanCts located in Section 24, Township 49 South, Range 25 East, Col]ie~ County, Florida. Engineering Review Section has completed the ::eview of the construction drawings, specifications, and final plat of 'Avila, Unit Four". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer tc construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in confo~nance with Division 3.2 of tbs Collier County Land Developm~nt Code. Engineering Review Sect. ion recommends that the final plat of "Avila, Unit Four" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. The fiscal impact to the County is none. The project cost is $61,694~5 to be borne by the developer. The cost breakdown is as follows: a) water & Sewer - $ ~$,5~6.10 b) Drainage, Paving & Grading - $43,178..35 The County will realize revenues as follows: Fund: 113 Agency: County Manager Coot Center: 138900 - Development Services Revenue generated by this project: Total: $1,367.56 $53,004.85 (does not include City of Naples pot'a~l~TM ' water) and were paid in Januaz-f, 1997. ~ ~JU~,. ~,~ '{9~7 Executive Summary Avila, Unit Four Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$437.00 b) Construction Drawing Review Fee Water N/A City of Naples Sewer (.50% const, est.) - $ 49.13 Paving, Grading (.425% const, est.)- $183.51 c) Construction Inspection Fee Water N/A City of Naples Sewer (1.5% const, est.) - $147.40 Drainage, Paving & Grading (1.275% const, est- $550.52 ~ROWT~ MANAG~]~T Ill, ACT, T~e Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. That the Board of County Commissioners approve the final plat of "Avila, Unit Four" with the following stipulations: 1> That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2] Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no buildin~ permits be issued until the final plat is recorded. D 'JUL 2 9 1)97 t~ecutive Summary Avila, Unit Four ;'age 3 ~REPARED BY: ,John R. Iqofild~worth,-S~nior Engineer Engineering Review REVIEWED BY: Thomas E. "Ku6k ~ P .~E-~-' Engineering Review Manager Donald W. Arnold Planning Services Di,t-ector :' - t A. Cau.ero, ~.dmini~trator Co,unity Development: & Environmental Se~ices Co,unity Dev. and Environmental Svcs. DIVISION J]t~i: ew Date Date Date Date JUL ~9 '0 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDMSION IMPKOVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, ent~ed into this day of , 19__, betwe~ BRENTWOOp DEVELOPMENT GRO~]P, I~C. her~m~er referred to ~z 'Developer' ~ the Board of County Commir~ioners of Co, er County. Florkl~ hereinafter referred to as 'The Board'. 2 Developer has, simultaneously with the delivery of this Agreement, applied for the apprcval by the Board ora certain plat ofsubdivision to be known as: A V//~,I UN/TFO[TR. Division 3.2 Of lhe Collier County Land Development Code allows the Developer to consmact the improvements required by said subdivision regulations prior to recording ~:he final plat. NOW, THEREFOP,.E, in consideration of the foregoing premises and mutual covenants hereinaf:er set forth, Developer and the Board do hereby covenant and agree as follows: Developer WIB cause to be constructed: Water, sewer, drainage, access, buffer and lighti:ag infrastructure serving A VILA UN_ITF__~ within ~ months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners Mall not approve the plat fi~r recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender i~s performance security (Letter of Credit/Surety Bond), in the amount of '~L,~b"~,~,o ~ which amount represents 10% of the total contract cost to complete construction. Upon receipt of sai~ subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recordin~g and grant preliminary approvzl of said plat. ' The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. JUL 2 9 1997 to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shalL, within sixty (60) days of receipt of the statem,mt of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal ,o approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition thc Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreem,:nt, upon certification of such failure, the County Administrator may call upon the subdivi::ion performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintairL, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cog to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either di~ect or consequential, wl~ich the Board ma)' sustain on account of the failure of the Developer to fulfill all of the provisions oftkis A~eement All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. JUL 2 9 1997 IN WITNESS WHEREOF, thc Board ~ thc Developer have caused th~s Aifft~ment to be executed by thcir duly aulhofix~ed representatives this ds)' of ,19_. Signed, Sealed and Delivered in the presence of: BRENTWOOD DEVELOPMENT GROUP, INC. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COIvIMISSIO~ OF COLLIER COUN-rY, FLORIDA Approved as to form and legal sufficiency: David-C.'W~igel - _ Collier County Attorney By: Timothy L. Hancock, Chairman JUL :~ 9 1997 ' X 88888 JUL ~ 9 1997 Pl..~ : ~JUL ~ =~ lc3<:J7 ~,. ~_..... UOl3e311adv 31~J.Jad Jo ^~o3 * [ 'ON ~el~ uOI3E'~O'I - ~, 'ON :~U~q3~..3~ ¥/ /NOLJ..,,-~.~LOJ~I "IYJ-~IFQNOImlI^I~T~I ,~0 .l. NJiNJ. iil~'d~JO .LIIN~3d 991:! aNY 39a3~la 9'?d3a::l::! 3sn o, NOI£¥ZIBOH.£nv /J. ilAi~13d 3o~nos~ 9V.LN31AINO~llAN3 aO..-i NOI/¥Oigdd~/NIOF sassarppn pu~ sat. Jupttnoq l:).t~ls!p cT3O aql ~lt!^sotls duttt tTat.^~ 'cl~O Ol s~m.rle.~.tlAd[~ cT~13 ~ .n'At.m~qns ~oj S'd,n.t:lZm,tl£tl.t saaj ~ssa~o~t'l tmTl~:,!ldde l!tu.Zacl acI/q lTm~ad tT.~Ua Xq paz!~oqlue .<TN.~!d/,-I Sa!l!^U~u ~o sag.q!g!stmclsa~ i~m:t, l.nn~acl C1T,YM Ptt~ cI~CI 9 lltauztI~t'11V ~ Ittamtl.~llV ~9¥>1D¥cI l~lllOJ NOI.I.¥DI'IclcTV 8li3 li0:I $2LNH LNOD :IO EqgVJ. :1 .c alq~l t, alqeJ. 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'E 5 pue 3 uo~aS u~ ~sanoiJ uoae~o;u! apn;ou~ - (lem~a~uoo) xu~g uopeS!l!~ 0 (.uop;as a!qz3,aae aql X~ pa~san~a: uoaz~o~u, a~ ~qns pue xoq a~eu~dde aq~ ~ 'aaoae pau~ap ~!~a~ ~eq~oue 5uu!n~aJ ~a:sXs · ~ pue ~ uo~oaS u~ pa~san~ad uoo~o)u~ apn;ou* - (uo:2r:~suco) l~ad ~u~B uoqe5 }~W ~ · ~ pue 3 suo~aS u~ ~sanoa~ uo~u~Jo~um aon;ou*- lem~a~u:3 ~ · g pue D suoc;a5 u~ ~a~san:,e~ uol~e~o~u~ aon;ou~ - (s:~elo~ lenpm~cul Jau~o lie) ~no~A~pu ~ 0 pue O suo:::aS um pa:san~aJ uo~o~u~ aon 3u~- ~Su~ia~O A!~ eISu~s) iznD~a~2Ul ~ · ' ' '~ puc D suo~aS u~ pa:sanba; uoi)~'~o~u, a~n;~u~ - (s;~alo~d le;auao p~zpu~S ~eq~o ItZ) iz;au~O pJe~uz~S D · ' ' O ' ' ~8 uoc:aS u! palsan~G~ uo,:]e~oju~ apn;Du~- I~;auaO pao~lON :~ JOi ~ ~ua~q~V GaS '(auo ~S~el )e ~aq3) palsanba~ I!~Gd a~Jnesa~ lelua~ueJ~aU~ JO ad~.L :: 1.UVd Y NOI.L33S 91;:t00 :rSO PAl:IT 5: P~3ject location (use additional sheets, if near, ecl): Coun~/(ies) Collier Section(s) _.~17 Township &8 Range Section[s) __Township Range _ Section(s) __Township __ Range ~nd Grant name, if appli~ble_ Tax Parcel Identific~bon NumDer Sb*eet address. ~ad. or o~er Iccafion V~n~rhilt ~(u. ~c RtQ ~r~ Pn~ Cily, ~P Code if appli~ble ~,ples, ~11te~ ~Y, ~ lib PART 6: De--be in 9ene~l te,~s ~e propos~ project, system, or ac~vi~ ~e scope of ~o~ p~lly t~vo[ves repat~ o( ~!ve out of the existing piles, an~ dces not include an~ new construction or modification of exisCin~ shorelines. Current b~~~acceriscics ~ela~ed ~o overall .. ___~eometr~, ru~ff, h~dtaulics and channel~rofile should not be affected. __~rooosed work consider the follov~nf Pilini- remov~ of det~rigl~ted area~ of concrete and ~s~ee[, Installation o~~matelv six Inch thick Teinforcine concrete ~_lackec in :e~~hs (two feet belo~ and eight feet shnve mean vater~ Psge 3 of 5 PART 8: A. By signing this application form, I am applying, or I em applying on behalf of the applicant, for the i)erm~t and any pro0riatary authorizatiOnS identified above, according to the supporting data and other incidental information filed with this apolicatton. I am familiar with the information contained in this: application and represent that such information is true, complete and accurate. I understand tins is an ~tpplicatton and not a permit, and that work prior to approval is a violation, I understand that thcs a~pplication and any permit issued or proprietary authorizltion issued pursuant thereto, does not rail,tva rne of any obligation for obtaining any other required federal, state, water management dis;ncr or lc)cai permit prior to commencement of construction. I agree, or I agree on behalf of the applicant, to ope.rate and maintain the permit"~ed system unless the ~aermi~ing agency authorizes transfer of the permit t~ a r,lsoonsible operation entity. : understand that knowingly making any false statement or representatmn in this application is a violation of Section 373.430. F.S. and 18 U.S.C. Section 1001. l~vid F. ___r3-3Danick Typad/Pr[~,~)ld/.~ of AJ;)Dlicant Ill no Ag~..~used) or Agent (If one is so author, zed belowl Signature of Applican[,'Agent Date inte¢imTransportatiun Director {Corporate Title if applicable) AN AGENT MAY SIGN ABOVE ~ IF THE APPLICANT COMPLETES THE FOLLOWING: B. I here~y designate and authorize the agent listed above to act on my behalf, or on behalf of my corporatic, n, as the agent in the processing of this application for the permit and/or proprie[ary autnorlza'.lon indicated above: and to furnifh, on re0uest, supplemental information in support of the application. In addition, I authorize the above-listed agent to bind me, or my corporatio.~n:.to perform arty requirement which may be necessary to procure the permit or authorizatton indicated above. I unders;and that knowingly making any false statement or representation in this application is a violation of Section 373.430. F.S, and 18 U.S.C. Section 1001, ~ard of County Cor~nissioners Typed;Printed Name of Applicant Chzirman · ,~' Signature of A0olicant Timothy L. Hancock Oat~ (Carporate Title if aoplicablel PERSON AUTHORIZING ACCESS TO THE PROPER~ MUST COMPL~E THE FOLLOWING: C. I either own the proper~y described in this application or I have legal authoriw to allow access to the property, and I consent, after receiving prior notification, to any s,te visit on the property by agents Or ~ersonnel from the Department of Environmental Protectton, the Water Management Oistrtct and tn,.. U.[;. Army Corps of Engineers necessary for the review and inspectien of the prooosad proiect spectfil.d in this application, I authorize these agents or personnel to enter the propecW as many t~mes as may tie necessary to make such review and inspection. Further. I agreeD provtde entry to the prolect site for Tv--'~,ed,'Printed Name ~,,gnatur'v e ~a'.e / ' - / Interim Trarm~octation Di~;ecto¢ (Corporate Title if applicable) C,~/IC~HT £. BI<0CK, CLERK Page 5 of 5 LOCA T/ON I~AP B/G h'ORS£ PASS BR/DGE .-PROJECT LOCATION · '~l~;HIP 48 ..25' PROJE{ SCALE 1:2400:) I _, ~ TO~V#$HIP 48 SCALE I. PILI~iG - REMOVAL OF DETERIORATED 4i9E4.~ OF COftCRETE AND REINFORCING STEEL LOCATED MAINLr I~ THE ~P~H NE~ THE WATER LINE. INST~TI~ ~ FIVE ST~TUR~ J~KET$ ~E NEE~D WITH ~P~XlMATE~ ~ I.~H THICK ~'INF~ED ~CRETE. THE ~TH ~ E~H J~KET ~SISTS ~ ~ FEET ~ ME~ ~ WATER TO EI~T FEET ~E ME~ ~ WATER FOR A TOTAL ~TH ~ TEN FEET. 2. ~RB/DI~ B~RIERS TO ~E [~ST~D TO FUrY SUR~ND E~H ~AL SITE ~ REPAI~. RE~ATED ~ WITH ~ R~T/~S. 4. ~RRENT ~1~ CH~T~RISTICS R~TED TO ~R~ ~T~. ~F. ~zISTI~ UTILITIES. ~UCS, ~O CH~EL PR~I~ Wl~ ~T BE ~FECTED. THERE WlI'. BE ~ ~IFIC4TI~ ~ EXISTI~ S~ELINE. 5, FO~ ~TI~ ~. SEE FI~RE I. F~ ~I~E P~ A~D E~4TI~. S~E FI~E Z. ~. ESri,vlTED ~ffGTH OF ~ST~TI~" I ES;'I~ED ST~T OF ~ST~TI.~ - SEPTEMBER I~ 7. W~'K P~SED FO~ ~TfCEO ~EN~'.RAL PER~IT tS~CTI~ ~Z-~I .~ SI TE PLAN BIG ,~IORSE PASS BRIDGE REPAIR BENT BENT BENT ? BENT BENT 4 BENT PLAN AND ELEVATION BIG HORSE PASS BRIDGE REPAIR -I I 1 I -I I I TYPICAL SECTION BIG HORSE PA55 BRIDGE REPAIR PIb~ CAP e4 SPA.~ ~ T~S OF STRUCTURAl. JACKET BOTTOU OF CAP-~ · ~' THICK STRUCTURAL iRC, LASS FOR¥ TO BE REMOVED YEAN LOW wATER tULW~~ -0.~5' £~ ~.'T I~G PRE :; TRESSED CO,¥CRETE PILE REINFORCING STEEL 3~,~"S0. WOOD RINC, COuPRES$18LE yATERIAL STRUCTURAL PILE JACKE, T ;TEEL 8,MID TO ~ REuOvED 72 t, KTJRS .aFTER gf,~l l' l tlG CONSTRUCTION YE. THO0 DETAIL F I ~.~I4' THICK STRUCTURAL ,,~./ FIBERGL.A55 FORU 'J L _ _ PERIMETER ~ ~ND CO~RETE ExISTInG ~EC~r~ ~ERATI~. SECTION A-A SECTION 2. SEE F/CURE J FOR PILE LOCATIO,*I. NOTES; EACH. I.,,'ACI(ET TO ~ INSTALLED ON PILES 2-~,'. 4-2.6-1. ?-2. AND 9-3 ESTlUATED I£1,1GTtl I0 FEET .~ '1~ REPAIR BIG tfORSE PASS BRIDGE RECOMMENDATION THAT THE BOARD AUTHORIZE PROCEEDING WITH JUDICIAL ACTION FOR PRESCRIPTIVE EASEMENT RIGHTS FOR COLLIER COUNTY AND THE PUBLIC TO A SEGMENT OF ROADWAY KNOWN AS MILLER BOULEVARD EXTENSION AND TO DIRECT STAFF TO APPROACH PROPERTY OWNERS TO DONA'rE EASEMENT INTERESTS TO COLLIER COUNTY. ~)~: To apl~ro~e filing court actio~ to claim prescriptive easement rights to Miller Boulevard Extension and direct Staff to approach owners requesting that they donate road e~ements to Co~Iier County. CJ~[~,J~[~I~.~r On S~ptember 30, 1996, the Board directed Staff to pursue transportatic~ In~proven~ents to a segmenl of private, unpaved roadway known as Miller Boulevard Extension between Miller Boulevard in the platted Golden Gate Estates and Tamiami Trail. The purpose of tY~ese improvements is to ~llow passa~}e for emergency service vehicles. Sta'If has explored a~emate emergency service acc. ess routes through Collier Seminole State Park Lands and found I~ controlled access roa~vay improvement estimates were greeter than the $75,000.00 emergency road rnatntenan.=e estimate for Miller Boulevard Extension. While the roadway is p,'fvately owned, we believe we can establish that the traveling public has enjoyed Its use, open and notorious, for a period In exoess of 20 years. Thlt~ use may establish easement rights in favor of the public through prescript~3n which must be judicially determined. Prescriptive rights grant the user an easement over that property that has been historically used for a specific purpose. If the e~flng roadway is 15 feet wide, as ts t~ case In m~ne locations, the court would grant an easement over that 15 feet. Simultaneously with ~ filing of the proscriptive easement acbon, Staff n~ocnmends approaching the property owners requesting the standard 60 foot road fight-of-way easements through gift. After the prescriptive easement is judicially determined, the County may nKluira additioc, al easement interests to meet the standard sixty foot road fight-of-way. These additional interests will have to be purchased if the prope.,'t7 owners do not convey them to the ¢~unty by gift. IF~,J~,.~: ~ estirr~ated co~rt costs for th~ prescriptive claim is $5,000.00. Monies are available in Fund 101 Reserves for Contingency (101-919010-991000, $512,500.00). Recording fl~es may be necessary for the easements and the con~nl~ents to clear. ~tROW'i'H MANAGEMENT IMPACT: Not applicable. F!~COMML~IDATION: That the Board dlrecl Staff and counsel to pursue Judicial determination of l~te prescripb"v~ e~ement claim and simultaneously approach the property owners to obtain easements by gift. Also, at~l~hortze the recording of any conveyance documents after approval by lJ~e Count), Attorney's Office, and deem the conveyan~ accepted upon recordation of the c~veyance documents in the Public Records of Collier County, and approve any necessary budget arnendments. Russell:). Muller Engineer I RE'VIEWEDBY: ~~--~- C D,~vid F. Bobanick Interim Transportation Director REVIEWED BY~ Ed Ilshner Public Works Administrator DATE: DATE: f{DM/tm/071497/ES Miller Bird Ext..doc LOCATION MAP Jtl~ 29 lcj97 EXECUTIVE SUMMARY RECOMMENDATION TO SCHEDULE FOR ADVERTISEMENT AN ORDINANCE CREATING THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PR, OVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS; POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH Tt;E DLITIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING A REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE (:;ODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. ~E:JECTIVE: To receive authorization to advertise an Ordinance creating an Advisory Committee for the Radio Road Beautification M.S.T.U. CO:~ISIDERATION~: On December 17, 1996, Agenda Item 8 (B) (3), the Board of Coanty Commissioners discussed and approved an Emergency Ordinance #96-84 creating the Radio Road Beautification M.S.T.U. On May 20, 1997, Agenda Item 8 (B) (2), Public Works Staff presented a report on the results of the Radio Road Beautification M.S.T.U. Survey. Dudng Staffs presentation, the Bo;~rd requested staff to include within the M.S.T.U. Ordinance #96-84 an Advisory Committee Section with authority to assist in conducting the business affairs of the M.,<LT.U. FI~,CAL IMPACT: Approximately forty-eight (48) man-hours per month or 0.25 additional F.'I".E. hours are anticipated to provide the equivalent level of quality service that is currently being provided to the four existing Beautification M.S.T.U.s. Landscape Seivices anticipates that additional County Support Staff will be required to perform on going monthly Fund Management, Contract Administration and Interaction with the Radio Rcxad Beautification Adviso~ Committee. .C~ OWT~. II~NAGEMENT II'PACT: None RECOMMENDATION: That the Board direct Sfaff to schedule for advertisement an Ordinance creating an Advisory Committee for the Radio Road Beautification [JU~. ~ ~ 1:397 I~._ ..J__. Executive Summary Radio Road Ordinance Revfsion J.ly 17, 1997 P~ge 2 Val Pdnce, Engineer II Transportal:ion Landscape Services BY: ' Davrd F. Bobanick, Intedm Director Transportation Department RI:-VlEWED Ed lischner, Public Wort(s Administrator DATE: /7/'~J, ;'/?17 / / V~)/Attachments 2 4 6 ? II 12 14 t9 2! WHEREAS, Collier County Ordinance No. 86-41, as amended, 22 sets forth the requirements for creating County Advisory Boards: ~3 and 24 WHEREAS, Collier County Ordinance No. 96-84 created the ~5 Radio Road Beautification Municipal Service Taxing Unit in 26 Collier County, Florida; and 27 WHEREAS, the Board of County Con~ni ssioners desires to 2~ establish an advisory committee to advise the Board of County ~9 Commissioners on matters pertaining to the Radio Road ~ Beautification Municipal Service Taxing Unit (MSTU). 3~ NOW, THERE~RE, BE IT ORDAINED BY THE GUARD OF COUNT~ 32 CO~ISSIONERS OF COLLIER COUNTY, ~ORIDA: ~ SZ~I~ ~. Creation of ~e ~o ~ad ~au~ft~on )? The~e ~ hereby c~eice~ an~ es~ib2~shed the 39 the 'Con~ittee'. ~ IZCTXOI~ TWO. A~tntzwmnt a~dC~sitton. A. The Con~ittee shall consist of five ($) members vhich 42 generally represent the area within the Radio Road Beautification 43 Municipal Service Taxin9 U~it as said MSTU ts described in Collier County Ordinance No. 96-B4. · '*'.'.' *'* '* ....~ .................... '*-' ....... l_ '°' ..... __ _. * ..... ' * ' 13 17 19 2~ 2~ 2~ 27 S. Hemmers of the Committee shall b~ appointed by and serve me~e=s shall b* ~nen~ ~msiden~s within the MST~ and electors of Collier County. The Board shall constde~ ap~ln~n~ of me.ers fr~ diff*zen~ subdivisicns or c~unities within MSTU. C. Appointment of me.ers ~o the Coal=tee shall ~ resolution of ~he Board of County Co~issioners, which resolution shall se= forth the date of appoin~men~ and the te~ of office. Th~ initial te~s of office of the Co~ittee shall ~ follows: A. Two (2; me.ers shall be appoin~ed for a te~ of =wo ~2) years. S. Two (2) me.ers shall be appointed for a te~ of thr~ (3) years. C. One (1) me.er shall be appointed for a ~e~ of years. Thereafter, each appoint~n~ oz r~appoin~m.n~ shall ~ for ~e~ of four (4) years. Appoin~men~s ~o fill any vacancies on ~he C~t~ee shall for :he r~maind~r of the untxpired ~ of office. SB~I~ ~. ~1 fr~ offi~: Falluzo ~ at~d ~o. A. ~y ~er of ~he Co~l~ee ~y ~ f~ved fr~ office' wi~h or w~ou~ c,use by a ~Jor~y vo~e of ~he ~,rd of County consecutive C~tttee meetings withou~ a ~atiofac=or7 excuse or l~ a me~e~ is absent ~oz ~e ~han one-hall oZ ~he meetings in a given ~iscai 7ea~, ~he Cool,tee ~hall ~ec~nd the m~ber'm leer to be declared vacant and l! appFoved, vacancy shal! be filled by the Board o! County Coenies~oners. C. ]n the event of · vacancy under thi· Section o: by reason of the expir·tion of · te:~n, then · new BembeF ~ill · p~nted by the Bolzd of County C~sz~oners a'.: er zec~ndatlon by the re~tnlnq ~rs of the C~1ttee. A. A~ ~s ea~es~ oppoF~un~y, ~he ~lh~p of C~i~tee shall elec~ a chai~n and ~i~: chai~n fr~ a~ng ~he me~e~,. O~fice~s' ~ems .h,il ~ for one (1) year, eligibility ~or re-election. B. The presence of th:ee (3J or more me, rs shall ~6~SAC~ ~us~ness. business ~nd shall keep · w~l~ten ~ecozd of meetings, :esoiutions, ~lndings and de~e~inations. Copies of ~11 Cool,tee minutes, resolutions, ~epo~ts, and exhibits shall submi~ted to the Board o~ County Co~isslone=s. ~e~e=s o~ ~he Co~:ee s~&Z~ seFve w~ou~ compensation, bu~ sha~ Ae en~ed ~o =ece~e Fe~u=semen~ to= expense~ ~easonably incu:~ed the pe:~o~nce o~ the~ dutle~ upon pr~o~' approval o~ the Bo~d o~ County The functions, powers and duties of the C~ittee shall A. ?o lid and ll~ilt the ~oa~d o~ County Cmil~ione~: ca~rying cut the purposes o~ provtdin~ curbing. - 3- ~acll~ties, plantings and ~alntenance of the median areas aa forth in Collier County Ordinance No. 96-B4. B. TO prepare and recommend to the Board of County 4 Co~lssioners an itemized budget of the amount of money required to carry ou~ the business of the Municipal Service Taxing Unit 6 for the next fiscal year. In carrying out this responsibility, ? the Committee shall, no later than April l"' of each year, meet with [he County Administrator or his designee and outline [o the County Administrator or his designee those pro~ec~s which the 10 Committee wishes to see accomplished during the next fiscal year. 11 Based upon this information, the County Administrator or his designee shall prepare a proposed budget for [~e Municipal Service Taxing ~nit, in accozdance with the standard County 14 guidelines raga=ding the preparation of budgets. This proposed I$ budget shall [hen be reviewed by the Committee and upon approval 16 by the Committee be transmitted through the County Administrator l? or his designee to the Board of County Commissioners for adoption il tn accordance with the procedures fo~ the adoption of budgets set forth under general law and the Boazd of County Commissioners* policy. Should the Committee fail to approve a budget by June 21 1"' of each yeaz, the County Adminis[rator az his designee shall be authorized to submit a proposed budge: to the Board of County Commissioners. 24 C. The Committee shall reco~nend work programs an~, priorities ~o the County Administrator or his designee in accordance with the adopted budget oz budget amendments which may 27 be adopted by =he Board of County Con~.issioners. The execution of work programs shall b~ unde~ the direct supervision and responsibility of the County Administrator or hie designee. . 4. work msy be performed under contract (~ accordance with law) or by County forces. D. The Co~ittee may adopt and a~end "Guidelines" to govern its opera,ion and the operation of the ~unlcipei Service Taxing Unit, subject to approval by the Board cf Ccunty Coamiissioners. BEGT~O~ EZ~fT. EM~LOS of ~o C~ ~nis~r or his be: A. To a~tnis~ez ~he ac~ivi~ies of ~he Municipal Services Taxing Uni~ in accordance wi=h established ~licts of ~he Board of Coun=y Co~issioners and guidelines adopted by ~he B. To prepare ~he annual budge~ in accordance with Sec=ion Seven, Ps,ag=apb ~, above. ~he ~oun~y A~n~s~Fa~o~ o~ h~s des~nee and ~he Soa~d o~ Co~is~ioners o~ ~he activities o~ ~he Municipal Service Taxing Unit and its ~inance~ in accordance wi%h established guideline~ o~ the Board o~ County Co~tssioners or the C~lttee. D. A~tend all Co~lttee meetings. This Co~,l~ee shall be reviewed once eve~ ~ouz {A~ co~encin~ In ~, 2001, in accordance wi~h ~he ~ocedurea contained in Collier Coun~ Ordinance No. 8~-A1, a~ a~nded, i~s successo~ o~din ~ce. ~ In ~he even~ ~his O~dinance con~lic~ wi~h any o~he~ ~ ordinance o~ Collier Cou~M or o~er applicable law, ~he more 3~ restrictive shall apply. If any ph~ise o~ po~ion o~ ~his 31 Ordinance i~ held i~.valid or uncon=tt~utional by any court ~2 competent Juriad).c~ion, a~ch po¢~ion shall be deemed a distinct and tr. del~ndsnt pro¥1sion and such holding -hall not affect the validity of the remaining ~ortlon. B~CTIOH EI,L~ZM, Inclusio-, In The Code O~ Le,w~ ~ud Ordin&uo, oa. 4 ? 9 10 II 12 1! 19 20 21 22 26 The provisions of this Ordinance shall b~come and b~ made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections ol the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance' may b~ changed to "section", "article", or any other appropriate word. SBCTIO~ '~'gLVZ. B££ec~.tvo This Ordinance shall become effective upon filing with the Secretary o~ State, PASSED ~D DULY A~PTED by the Board of County C~issioners o~ Collier County, Florida this ~, day of ATTEST: ~ARD OF COUHTY ~IGHT E. BR~K, Clerk OF COLLIE~ COUNTY, By: Approved as to form and legal sufiictency: ~ ~ i-diOr: Ish~on Assistant County Attornsy TIMOTHY L. HANCOCK, Chairman ~ 6- EXECUTIVE SUMMARY APPROVE A CONSTRUCTION CHANGE ORDER WITH BETTER ROADS~ INC. FOR THE RA'VELESNA~ HAMMOCK ROAD FOUR LANING PROJECT, BID NO. 9f.,-2441. OBJECTIVE: Board approval of a construction change order for Rattlesnake Hammock Road four laning improvements in the net increase amount of $S4,930.S7. CONSIDERATIONS;; Due to unknown site conditions and necessary amendmems to lhe original estimated work quantities for Rattlesnake Hammock Road, a construction change order is proposed in the amount of $54,930.57 to account for various ovemms in contract pay items. A sunuTmO, of all change orders to date for Rattlesnake Hammock Road is provided below. Change Order No, Execution Date Authorized/ Net Change 1 April 4, 1996 OCPM (+) $188.91 2 September 4, 1996 OCPM (+) $48,290.33 3 November 11, 1996 BCC [11/5/96] (+) $34,768.55 4 January 29, 1997 BCC [11/12/96] (+) $84,054.63 5 June 9, 1.097 OCPM $0.00 Net Increase Change Orders I ~ 5 = Original Comract Amount = Current and Revised Contract Amount = $] 67,302.42 $5,555,716.95 $5,723,019.37 6 Pending Pending (+)$54,930.57 7 Pending BCC [6/24/97] (+)$285,000.00 Max. Net Pending Maximum Increase, Change Orders 6 & 7 = (+)$339,930.57 Pending Revised Maximum Contract Amount = ~6.062.949.~ l'he above listed pending change order number seven (7) in tbe nnlximurn amount of $285,000.00 rela~es to the June 24, 1997 Board approval for ~ortn ~ remedial work. This drainage related change order is being negotiated and proc~.,~xl with the highway contractor, but has not yet been completed and executed and is not part of this requested ]~ard action. dl~, 29 E97 Recommended change onler number six (6) for quantity ovemms specifically involves the followhtg contrac~ work scope. Pro_posed Chan~ Order No, 6; (a) Involves & ne~ increa.~ of $54,930.57; (b) Involves overruns for ~:oadway work of $44,924.30; (c) Involves Or, TUnS for utility work of $10,006.27; (d) Roadv~ ovemms prbnarily etn'butable to additional ~torm sewer pipe required along corridor (particulady at several condominium properties) in response to chenge~ site conditions. Also, extensive desilting of existiag storm sewer pipe was req[dred above ociginal estimate (30 i~h ~pe); t.<t (e) Utility overruns are all rela~ed to water facilifes owned by Collier County, and include removal of'tm additioral fire hydrant, additional air release valv~ a.nd adjustmem$, underground utility' ioc~es C'as-bta'lting"), and additional two (2) inch service connections. FISCAL EM~A~; Available fimds to support the proposed change order number six (6) in the net total increase amount of $54,930.57 are outlined below. ($44.924 ~0) Fund 335: Impa~ Fee District $ (Rattlesnake Hammock Road four laning improvements, Project No. 6502 I) Fund 412: Water Capital Projects (Rattlesnake Hammock Road water main facilities, Project No. 70013) OROWTH MA.NA~~K.i~i_T~s CIE ~ No. 017 is consistent wi+& the Collier Cou~ Growt~ ~nagement Plan. ~NDATIQN: .That the Board of County ~__6one~ and Ex~ the Go'craSh8 Bomxl ofthe Collie~ Coumy Wa~er-Sew~ DisuSct: (1) approve a constmcfon d~u~ge ordex for ILmlemake Hamnw.,ck Road in the net i~x~ase amoum of $5~,930.57; (2) authorize. OCPM suffto process ~ execute the neeeam~ ch~se or~er v3th Executive Summary 14, 1997 July of Cap~oj~a M~g~t ~WED BY: Ed Ilsc~er, Ad~r~tor h~blic Wor~ DM~ion VAR/sc/exesum3 Dave Bobanick, Interim Director, Transportation Mike Newman, Director, Water Dept. Rich Hellriegel, P.E., Senior Project Manager, OCPM / D~te EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPI:{OVE A PURCHASE AGREEMENT FOR THE SALE OF SURPLUS PROPERTY KNOWN AS QUAIL CREEK, UNIT 2, OUTLOT 'B", PLAT BOOK 13, PAGES 74-77 OBJECTIVE: To obtain the approval of a Purchase Agreement by the Board of County ~, a~ the governing bcx:ly of Collier County and as Ex-Officio the Governing Board of the ~ County Water and Sewer District, to sell, acoording to Florida Statute, surplus improved pn3pefly ~ used as a water distribution and treatment fadlity. CONSIDERATION: Pursuant to a directive by the Board of County Commissioners o~ 9/3/96, Item 16.B.8, a notice was placed in a newspaper of general circulation for the public to proffer bids in order to purchase the subject property. The notice stated that a fair market valuation of the site was deten'nined to be $85,000.00 and that a perpetual utility easement would be retained by Collier County In o~der to reroute water lines. The highest bidder, Quail Creek Property Owners Association, has submitted an executed Purchase Agreement in the amount of $50,000.00 (F~ty Thousand Dollars) and is agreeable to Collier County's reservation of the necessary utility easement. A~I documents have been reviewed for legal sufrx:iency by the Office of the County Allomey. FISCAL IMPACT: There am no further costs of sate. The net proceeds to Collier County Water- Sewer Disthct (CCWSD), after dosing, will be deposited into Fund No. 408 through cost center 210125 (Weter Department Administration). The Funds will be placed in CCWSD Fund (,4~8) reserves for contingency. The budget for this transaction w~ll be Fifty Thousand Dollars ($50,000.00). GROWTH MANAGEMENT IMPACT: None RECOMMENDA'rlON: That the Collier County Board of Commissioners 1) approve the attached Purchase Agreement, 2) direct the Chairman to execute the Agreement and all closing documents on be~lf of the Board, 3) direct staff to finalize the transaction, as required, and 4) approve the necessary Budget Amendment, de~so'i~/~;1 alx)v,~. Prel:x]red By: /._,,~:~' · Lois Nichols, Real Pmper~ Specialist II R~al Property Ma.P.~3ge~33m"lt~. partment Reviewed By: Midr'~ael'R.~,,w~nan, ~,~/~,ter Dir;ecto¢? Public Wot~s DMsion i::a IlSChner, ¢-'~lministrator Public Works DMsion Quail Creek Outlof 'B' PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereina~er referred Io es the 'A~'eeme,-~) is maOe arx:l entered ~nto th~s ..... C~ay of 19..__, by ~ between ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARC CF THE COLLIER COUNTY WATER. SEWER DISTRICT (hereinafter referre<3 to as the 'O..vr~er") ar~ QUAIL CREE~: PROPERTY OWNERS ASSOCIATION, INC., a Floral rx~-f~-profll co'pcxatK~n (~f'~af'ler rlfefrl~ Io l$ ~ VVHEREAS, the Owner cles~res to sell, arx3 tr'~e Purcnaser clesmes to pu'ct~se, certa,n lar~3 cleSC~bed as: A~I of Oullot 'B' of Quail Creek Und Two. except the South 60 feet lt'erecd a~'YJ the East 55 feet thereof, IccorO~ng Io the I:;la! thereof, es recordecl ~n Plat Booa. 13, Pages 74 t~'o,.,gh 77, inclus ve of the Public Recorcls cd Colher Couctly, FlocK:la. (heretnafler referred to as the 'Properly'). ~'x~er Ina terms enO cono~t~ns ~e{ form here~n; ar~ WHEREAS. the Owner w~U retain e Utmty Easemen! over, un~e~, enO eo'oss the P.,'o¢)erty, as clesca'ibed in Exhibit 'B'. vv/n~c~ ~S attac, r~'(l r~ereto end maoe a IOa~l of ~J'~S Agreen",en! (here~"l~tef' raferrecl to es the 'Easement") NOW THEREFORE, ~n cons~clerat~on of these premises the ~adm of Ten Dof~ars ($10 00) ~ other good eno valuable cons~c~erahon the receipt al'K3 sufficiency Of wf'l~h are herll:)y m~ullly acknowleOgecl, ~t ~s agreecl by anc~ between the pemes as follows 1. Owr~r shall COnvey the Ptope~y to Purcf'laser, v~ Statutory Deecl..~ exc:f~ fo~' ~ sum cd $ 50,000 00 (F~y ThousanO Dollars), U S Currency. es full payment for the Prof)erl¥ #q~ltlSl transferred. 2 Purchaser snail pay Owner of [he Propan¥ by Ca ...~'~er's Check 3 Both ~r a~ P~s~ ~ ~at t,~ ss of t~ es~ ~ Agr~nt ~ c~s~. P~s~ ~[I ~hv~ t~ Cashier's C~ to ~ 4 ~ ~all ~y [ts ~ata ~re ~ t~es, as~s~s. ~ ~ Pr~y ~ t~ Oay ~f~e clos~ ~y an0 all ~sts ~ e~s r~ir~ f~s. ~veye~ f~s. ~tl~e~l fees, c~s~ ~ts. ~ ~. re~esentab~s ~ guarantees ester e~ress ~ ~1~ Of a~y ke~ ~t~ ~ms ~s~, ~S~tabla or ~ale ~[h res~ ~o I~ Pt~y ~er3te~ cd l~ ~*es a~ t~re are ~ ol~r ~ ~ ~1~~ ~r~nt~, ~ak~ngs ~ses warrant~es or ~ve~nts ~l ~ta~d ~re~n JUL ~ '.. l~.g7 8. This Agreement is governed and construed in ~ with Florida. . IN WITNESS WHEREOF, the perlms h~eto have executed this Pt.m::hase day and year first above vwitlen AS TO OWNER: Dated: ATTEST. Dw, ght E. Brock,. Cle~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: ,, BY Deputy Clerk T~molhy L Hancock,, Cham'~41n AS TO PURCHASER. D,.<:, ~-~-?-¢? Witness Quail Cr~e~ Property Owners Inc., m FIo~la nol-f~"-pr.o~l coqxxW~ J IJ L 2 5 3301 0£?IC£ O? CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. PROJECT I'~ARCEL NO. TAX PARCEL NO. .SKE'rCH OF LEGAI.~_DESCRIPTION (NOT A SURVEY) ~.~ WAY ~G~ 420.~ ~ WAY 234. | J u L 2 s 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Rodlus = ~39.00' /~ · 60')9'40' Arc = ~4~.17' Chord · ~31.14' Chord BfQ. N.31'10'~9'~. Curve number 2 R~dius ~ ~30.00' ~ ' 5B'19'06' Chord Beg. Curve nu~be~ 3 R~dlus = ~30.O0' ~ = 11'46'07' Chor~ = 47.16' Radius · 4~0.00' ~ - 00'~9'03' Arc · 3.55' Chord · 3.55' Chord BfQ. S.60'35'03'~d. C~ve number 5 Rod~s = 5~.00' ~ = 0~'17'33' Arc = ~0.0V Choed = ~0.00' Chord BpQ. S.6B'50'IS'V. OUAIL CREEK UNIT T~ P.8. PAGES 74-77 OUTLOT B S.20~O'5g'1 98.50' C-5 84.66' S.89~4'O9'w. 31.64' :-4 N,89~4'O9'~ 28.14' LONGSHORE LAKE UNiT TWO P.8. 15, PAGES gT-gg G£h~.RAL NOTES I) PJ].C. Ir~lcates Potn't o~ Co~e~ni ~) P~.~. I~cG~es P~ O~ Beg~ 3) Sec. ~cotes Sect~ 4) Twp. [~cates To~ns~ 5) R~. ~lcates ~an~ Section 17 bel~ ~IS IS ONLY A SK~'CH ~-30-.~7 Ol R-240.00' TWP. 48S RGE, 26 I' Curve n~e~.ber· b RGdlus · i~40.00' ~ · 57'06'46' ~c · ~3923' Ch~d Beg. JUL Z ~ 1B97 Project: Quail Creek Pircel: STATUTORY DEED THIS STATUTORY OEED. made this __ clay of . 19~. by COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter called the Grantor), to QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC,, a Florida not-for-profit corporation (hereinafter called the Grantee). (Wherever used herein the terms *Granlo~' and Grantee' include all the parties to this instrument and the heir~, legal representalives, successors, and assigns) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($1000) Io ~t in hand paid by the Grantee, receipt w'nereof is hereby acknowteclged, has granted, bargained and sold to the Grantee, its heirs and assigns forever, the following described land lying and being in Collier County, Florida, Io wit: All of Oullot 'B' of Quail Creek Unil Two, excepl the South 60 feet thereof and the East 55 feet thereof, according to the plat thereof, as recorded ~n Plal Book 13. Pages 74 through 77, inclusive, cf the Public Records of Collier County. Florida. Subject to easements, restrictions, and reservations of record Grantor herein retains for Itself, It's successom end assigns, a perpetual, exclusive easement, license, and privilege for utility end maintenance purposes, on the following described lands Iocaled in Collier County, Florida, to wit: See attached Exhibit 'A" which Is Incorporated herein by reference. IN WITNESS WHEREOF the Grantor has ceu~ed the,~, ~ese~ls to be executed in its name by ils Board of County Commissioners acting by the Chairman or Vice Chain'nan of the Board, the day and year firsl above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA A'r'I'EST: Dwight E. Brock Clerk of Circuit Courts Tirn~h~/LHam33c~, Chain'n,~n Deputy Cled~ 330~ O];'?IC~ 0£ CAPITAL PI~OJJ~CTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH PROJCCT NO. PROJCCT PAJ~C£L NO.. TAX PARCEL NO. OF LEGAL DESCRIPTION (NOT A SURVEY) ~EhrT AL.SO B~Jl'a3 'rl.~. ~lrrl. E. aT[ ~ OF SECTIOI, I 17 TOWh'~IIP 41 SOUT'd RANOE 26 EAST; ~ ~,OUTH J9 DEGRJ~.S 04 MR4LrrEs 0,1 SECONDS WF. ST ~1~ TF~ $OLr131U I~ (3~'.~lO ~c"r30~l I?, A Ol~tAiq(~ OF ,.~.g~ FEET NON-T/d,K;ENT CURVE. CONCAV~ TO THE .~ H.~V1NG ^ RADIUS Of ~ WE. ST ALONG SA~D CURV~. A [N$'TA~ 01~ 23~ 23 FE;ET; TI~ SEX~ I9 DEGREES O4 Iv~HUTE$ ~ S~C~ WEST. A DISTAJ~'CE OF 31.64 FEET; TI.~NC~ No~'rH 20 DCF. Gll~ O0 MIN',.2r~ }9 F~,COe~ WEST. A DI~TANC~ OF ~ 13 PAC',~.$ 74-77 OF THI! I",J~LIC ItF.~3CMD$ OF CC~,.LI ER COUI'CT'Y. WAY ~ ~ ~ ~ R ~ ~ ~G~ ~ WAY L~ ~ ~ ~ ~ ~ ~ WAY ~ ~ ~ WAY ~ ~ ~ ~ ~VA~ ~ A ~ ~K ~A~ ~ ~ ~ A ~2~.~ e~i,A~~ ~ ~ ~ ~ WAY L.~ ~ ~ WAY ~ ~ ~ ~?~ ~ ~G[~; ~ ~ (4,~ ~~~ OFFICE OF CAPITAL PROJECTS (941) ?74-8192 SKETCH OF DESCRIPTION Curve r~w~loer I R~dk~s · ~39.00' 166.21' A ~ 60'19'40' Curve r&a~loer 4 Arc · ~4~.17' - .............. C~cd - ~31.14' Rad~ a 4~0.~' C~rd Brg. N3t'I0'29'V. ~ I 00'Z9'03' / ............. u~o - d.oo' / / R~d~s - ~3000~- Chord Brg, S.60'35'03'V. / / C~rd - ~4.13' Ro~s ~ 500,00' .... 2--_-~2~L/ c~o~d - ~o.oo' /~ / C~rd - 47.~' /-~ / P.O. 13. ~ ~/ ~OT B ~N.20~Sg'w ~ A'~ ~s.~s~,'os'w. ~-~,o.~' ~.~o~.~o-[./X~ ~_ ~ / r~.°.~. ~5. PA~S 97-99 P.B. GENERAL NOTES ~) Sec. ~lco*ej ~IS IS OHLY A SK~OH 2 OF_4 SHEET U;. 2~ ~S~7 i ! EXI~3.JTIVE SUMMARY APPROVE LUMEC, INC. AS SOLE SCURCE VENDOR OF LIGHTING FOR THE IMMOKALEE DOWNTOWN STREETSCAPE BEAUTIFICATION PROJECT. OBJEX: To approve designation of Lumec, Inc, as lhe sole ~urce vendor fo~ the lighting component of the Immokalee Downtown Streetscape Beautification Project. ¢0N$IDERATIQN$: Lumec Lighting was exclusively used in Phase I of the Immokalee Downtown Streetscape Beautification Project. Since construction of Phase I, Lumec has continued to provide fixtures, poles and other components at factory-direct cost to repair the exiating lighting that is periodically damaged by vehicular accidents. The proposed fixtures are custom designs which m'e unique to Lumec and have been approved by Florida Department of Transportation and the Immokalee Beautification MSTU Advisory Committee as a lighting source specifically for this project. Lumec fixtures a~e built for ease of maintenance and longevity. They feature a patented "Rotomafic" assembly which combines a spring loaded pressure plate with a liquid silicone gasket. Tills assembly eliminates moisture, insects and dirt from entering the lummaire; while allowing tool-free access to the interior for easy maintenance. The exclusion of foreign matter from the luminaire leads to a longer life of the product. The reduced maintenance of thc fixture translates into labor and material savings of approximately $1,100 per fixture (for a total of approximately $67,000) over 10 years. The increased longevity of the product equates into longer replacement intervals for the fixtures, thus saving additional f~nd~. The fiv~-yea~ warranty on the "Lumital' powdercoat finish exceeds industry a~andards by 4 years. The co~ of refinishing a failed fixture finish would range ,.Crom $700- $1,000 per pole. Therefore, this warranty could potentially save thousands of dollars per pole over its lifetime of use. Since Collier County has an active account wifla l,umec Inc., the County is able to purchase direct from the manufacturer, saving the distributor's mark up. These savings of approximately $23,000 can be used for other components of this project such as landscaping or imgation. Additionally, approval of Lumec as sole source vendor for this project will lock in prices with the company prior to proposed product price increases, which occurred April 1, 1997, but will not take effect until July 30, 1997. In essence, continued use of Lumec products would maintain consistency in appearance, maintenance, and repair of' the lighting project- wide. The cost savings would allow additional components of this project to be ~cted Please see ~.'lached letter from Michael A. McGee, P-,LA, Project Design Consultant that supports this request. FI_]_$..~..~~ Cost of the 61 light fixtures covered by this request is estimated al $172,250. This represents a savings of up ~o $23,000 off a distributor's price. While fimds were not provided in FY 97/98 budget, $100 000 ofthe needed $172,250 will be provided by an FDOT g:-~qt and the balance of $72,250 will be available in Fund 156 rescaveg. The contract for the purchase of the light fixtures will not be let until FY 97/98. GROWTH MANAGF. MENT IMPACT: The pln'~ fi:~ landscaping md pedesu'ian ~'ancemenu ak~ Sg lc) by fl~e Immokalee Be~tifi~ Commin~e will implement Policy C.e~~ m ~, 1994. Theenhanceme~ofSR 29 h also co~ent wifl~ I~e"M~n whic~ will lesd to a di~ific~tion of the empioymem base and increase pmper~ vnlues Landscap~ Architecture Nr. Joseph F. Delete, ASLA, RLA Pr,~ject Manager, OCPN 3301 Tamlarni Trail East Nai)le~, Florida 34102 Immokalee Streetscepe improvement Project Phase I1, SR 29, Lighting Fixtures Deer Joe: RECEIVED JUL 0 1 1997 OFRC£ OF CAPITAL PROJECTS MANAGEMENT' It has come to our attention that the light fixtures specified for this project, as manufactured by I.urnec, Inc., w~re subject to a general price Incr~se as cf April 1st. 1 g97. This m#~s · pri,:e increase for all the fixtures that would be approximately $10.000 to $11.000 dollars. We have been in con'u"nunicatlcn with the manufacturer, through their local representative Mr. Ronald J. Steedrnan of Specified Lighting, Inc., in regard te holding the price increase en this pro. loot. Since the project Is anticipated to be underway in the near future, Lumec, Inc.. has agr.ed that they will hold the crigiml pricing as fellow~ unttl July 30th, 1997. (14) - Type "^' Fixtures 0 $2,1 $0.00 ea. - $ 30,100.00 (24) - Type "B' Fixtures 0 $3,575.00 ea. - $ 85,800.00 (23) - Type 'C" Fixtures ~ $2.450.00 ea. ,. $ 56.:350.00 Total: $172,250.00 'l'ham prices are FOB point of shipment, with freight to the Job site prepaid and absorbed by the rnar~Jfacturer. If th,I flxturas are put'out to bid; the Jul). 30th deadline for the price increase can not be met. The total co~t for the fixtures, with the price increase and the distributors mark up. could be as high as $23,000.00 more. Bassi o~ the above situation, and the following point, lc 1. The ramd to match the exlstlng flxture type lnsta, lled ln the flrst phase of the project. 2. ThG Cour~ty already has an account with Lumac, Inc. astabl Ished to purcha~ direct and btr/s replac~'nent fixtures far phase 3.' All th$ fixture arl c~stom d~lgmd with Inttrgraded 4. The County and Resld~,'nt.s d Immekalas stan~ te ~aw $ 23,000.0 O. We waukl recert,~nerd that th,, Ca~nty purchas~ the fixtures direct from Lumec, Inc. Mr. StNd~t~q has eot~tacted the rranufacturer, and the/havl agreed that Collier County ~ buy dlrecl, from Lumec, Inc. without havlrg to I~ through a dlstributGr; because ~f the County's * Desii~n ' Environmet~t&i Managemcnl · Planning, .. P~O'. Box 8052. Naples. Fla. 34101 (941) 263-0486 Pig· twa, 07/01/g7 M~r. Delete, Immk. W,I could secure the lower pricing by July 30th if the Beard of County Commissioners would set mi~ purchasing poi icy and appraw the direct purchase. An 'Exe~utlw Sumnmry", ·long with · lette~r of e~'nltment from the Purchasirig Director, w~uld a~ffice for whet is known as · factory order generally issued by · distributor. As we unclerstand It, the factory order Is not · firmrmial obligation at this poinL It would be · ~ommltrnent to purchase, with Intent to I~ue · I:~urc~ase order after October 1st; with · delivery date of December 31st, thus securing the lower pricing. If '~ can be of any further assistance, or you need additional information, please conLact me any tirqe. Project. Design ¢or~ultant JUl z ~ 1~g7 landscape Architecture 'July 7th, 1997 t. lr. Joseph F. Delate, ASIA, RLA Project Manager, OCPM 3301 Tamiami Trail East Naples, Florida 34102 Subject: D~ar Joe: Immokalee Streetscape Improvement Project Phase II, SR 29, Lighting Fixtures N~ requested the folk)wing is a list of features and reasons why the fixtures specified were se.lacteal. Also attached are some additional specification/and catalog sheets on the selected fixtures. Ore consideration in regards to this project is the fixtures are of a decorative type and not the common roadway lighting usually seen along most roadways. Criteria for Fixture Selection: Candela fixture type "A" 1. The main reasons we would consider sole sourcing these lo(tums is that they are custom designs, the Candela fixture is already existing on the project site, the Candela fixture is also combined into the seating/planting area fixtures type "B" and the Candela is a sole source Lumec, Inc. fixture. :~. The original Candela fixtures type "A" were put out to bid in Phase One of this Immokalee project. 3. The Candela tro(ture has a patented RotomaticTM locking mechanism easy access to lamps and ballast. Domu$ 1. fixture type "B" and The optical system is an arch image duplicating reflector system that is unique to the Lumec fixture and allowed the use of fewer Irrxtures, thus reducing cost, in order to meet the F.D.O.T. roadway lighting requirernent~ The Domus in decorative fixtures provides, in our opinion the better fixture for casting reduced lateral or peripheral light into the off road areas, it is further improved because of the ability to specify an adcrRional shield within the fixture. In our opinion also provides a better glare free illumination for motorist which is very important in this area with it's high volume of vehicular and pedestrian accident~ * Design * Environmental IV~anagement * Plannin8. P.O. Box 8052, Naples, Fla. 34101 (941) 263-0486 Jill 2 5 1S97 Page two, 07/07/97 14r. Delate, Immk. M.S.T.U. Paint finish for all fixtures 1. The paint finish is above industry standards and has a five year warranty. They have a specially-formulated Lumital powder coating. Warranties for all fixtures 1. One year on all parts and materials 2. Two years on the ballast. 3. Five years on the paint finish which is above normal industry standards. We have highlighted some additional features on the Domus fixture specif'~:aticm features sheet. ~f you have additional questions or need further information then please do not hesitate to contact this office any time. Cord. ia~ ,~.,~,~..~_ ~ President, McGee & Associates, LC 098 Proj~t Design Consultant J U L 2 ~ iS.~7 EXECUTJVE ~;UMMAR¥ APPROVE A CONSTRUCTION CHANGE ORDER WITH APAC-FLORIDA, INC. FOR THE VANDERBILT BEACH ROAD FOUR LANING PROJECT, BID NUMBER 95-2438. OBJECTIVE: Board approval of a construction change order number eight ($) for Vanderbilt Beach Road four laning improvements in the maximum increase amount of $505,339.00. CONSEDERATIONS: Staffrecommends Board approval of additional transportation and drainase infrastructure improvements for Vanderbilt Beach Road. The additional infrastructure generally consists of: (i) roadway capacity and signalization improvements at junction Airport-Pulling road; (2) drainage outfall improvements for stormwat~r discharges from Vanderbilt Beach Road into the Pelican ~ development; (3) wetland plantings as the final project mitigation required by the South Florida Water Management District; (4) noise abatement wall system along the Villages of Monterey and Emerald Lakes subdivisions; and (5) roadway aec, ess and associated drainage improvements at junction Bay Laurel Drive (Pelican Marsh) for WCI Communities, On December 20, 1996 [under Agenda Item No. 16(BX2)], thc Board approved construction change order number four (4) for traffic signal installations at Hammock Oak Drive and U.S. 41. To date, a total of seven construction change orders have been processed/executed with Apac-FIorida, Inc. as detailed below. ~Cgntract Actign Cost of' York C.a,,~e~ories (*) Quantity overruns and underruns and landscape work (**)Quantity adjustments (additions and deletions) REVISED AND CURRENT CONTRACT AMOUNT = S6.358.722,04 .~roposed construction change order number eight (8) has not been fully negotiated with the contractor, bu: ,maximum cost allocations for the above mentioned five (5) construction items have been established. It is also noted that additional consuttant Executive Sumnuu'y July 17, 1997 Page 2 engineering services (by Wilson, Miller, Barton and Peek, Inc.) in the maximum fee mount of $5,000.00 are necessary to implement the noise abatement wall system along the Villages of Monterey and Emerald Lakes subdivisions. Supplemental information coneeming the purpose/justification and estimated cost for construction change order number eight (8) is provided below. proposed Construction Change Order Number Eight (8)~ ~1) Ai _r~rt-Pulling Road Intersection: A pre-planned construction change. This construction item was included in th~ original contract award as approved by the Board on November 21, 1995, although the cost and design was unknown and incomplete, respectively. This work scope involves six lane improvements along Airport-Pullin8 Road at junction Vanderbilt Beach Road. A new signal system is also part of the work. Although such improvements were originally contemplated as pm of the Airport-Pulling Road six laning project between Pine Ridge Road and Vanderbilt Beach Road, a project postponement occurred and the six lane intersection capacity work was cost. effectively incorporated into the Vanderbilt Beach Road four laning project The estimated maximum cost is $304,481.13. Part ofthis estimated maximum cost has been processed under prior change orders. Deducting the amount of $39,039.75 as prior authorizations results in an estimated maximum cost of $265,441.38 under proposed eonsaruetion change order number eight (8). (2). (5) Pelican_Marsh Drginl~ge Outfall and Road Access: A pre-planned construction change. In recognition that project participation by WCI Communities, LP would result in a major cost reduction for Collier County's drainage improvements for Vanderbilt Beach Road, the Board approved a Developer Contribution Agreement on September 24, 1996 (OR: 2232, pages 1245 through 1260). This Agreement provid~ that WCI Communities, LP would be granted certain road impact fee credits for right-of-way donations, less monetary amounts for Collier County's construction of a developer wall system ~nd various roadway related improvements. Additionally, the Agreeanent stipulates that Collier County agrees to pay for design and construction costs associated with stormwater management outfalls for Vanderbilt Beach RoM within the Pelican Marsh subdivision. These obligations by Agr.,xtment result in a construction cost sharing for drsinage and' roadway work as follows: a. Drainage outfall along Vanderbilt Beach Road: $3,980.26 cost by WCI Communities, LP, and $68,388.13 cost by Collier County for a total of $72,368.39. b. Bay Laurel Drive roadway improvements: $66,118.89 cost by WCI Communities, LP. Executive Summary .luly 17, 1997 Page 3 Drainage outfall into P~ican Marsh subdivision: $39,860.26 cost by WCI Communities, LP, and I;52,838.02 cost by Collier County for a total cost of $92,698.28. Pan of this estintated maximum cost of $23 !,185.56 lass been processed under prior change orders. Deductin8 the prior change order(k) ~..nmunt o£SI33,785~06 results in an estimaled maximum cost ~,t of $97,397.50 under proposed c-onstmc~ion cha~e order mu'nber eight (8). ~.l~ti.Rgg. As required by the South Florida Wate~ M&qagemenl District by permit, vm'ious wetla~qd planfinlgs at sevexal Ic~'.adon~ ~lo.q8 the roadway eomdor result in an actual cost of $26,0gg 70. This work has been ainhori~xt ureter a prior change order. Aecorflingly, v,o cost increase is rmces~ for this permit under proposed construction change order ,umber fight (8). [4) Nois~ Abatement W_W_ilII_~ Seve~:~l ~cousfical ~g studies and reports have confirmed the need for Collie~ County's consideration o:fa noi~ fl~aternent system along two s~bd~visions which border Vanderbilt Beach Road between Goodlette-Frank Road ask4 Airpotl-l~L~iing Road. Ambient ~nd forecast tr~'ie levels ~t residential un/ti ~ the V'~tge~ ofMomerey ~d Faner~d Lakes subdivisions should b~ atlenuat~d to not exceed a d~ca'b~ level of 55 at the prop~aly line ~ong Vanderbilt Be~ch Rock. Three wall ~lignnmnt$ have been evaluale~ by having a probable construction cost range between $137,500.00 m~d $422,400.00. I~pt'~,m~aiv~ of'Collier Coumy Md the two mi~livisiom have coached to adopt/'anplermmt th~ I~ cost wall option having an eslimmed ~ cost of $137,500.00. It is noted th~ Collier Cowry n~st __~eo_are critical approv~ fia~m Florida Po~er and Light Compm~ sh~ce the proposed wall is locked within ~, existing utility ~a'neat. Discussions with Florida Power and Ligt~t Company to dine h~ve not yet ~ in s fi~vorable cons, m.~s. Formal meetings shall b~ l~d. In the event t~ maime~.ae~ and operational rdat~xt ~ deem ~re requ/r~ by ~ Power and light ~, the pro&~ble cost of $137,500.00 could k~ sub,m-dmSo/, m~! premnt ~ follow up report to the ~ on the actual fiscal in~ct. Executive Summary July 17, 1997 Pase 4 FISCAL IMPACT: The total amount proposed u,der change order nm'nber eight(8) is $505,339.00. Tiffs amount includes a dew, loper cost respo~ibility of $109,959.,!1 which shall result in a decrex~e to the WC1 Communitie~ LP current road impact fee cxedit v~Jue ureter the September 2.4, 1996 Developer Contn'bution Agreement. Funding for all transportation and drsJrmge work with the exeepdon ofthe subdivision wall system ($137,500.00) has been prev/ously Imdg~ed/appropriat~d. ~ tim& for this work under Fund 313 (Gasoline Tax) and Fund 331 (Imlcmct Fee) sppro~n~te ~367,839.00. A budget amendraent is required for the remaining amount of $137,50000. Fund 313: (Gasoline Tax), Vanderbilt Beach Road four laning improvenents, EYojtct No. 67021 in amount of $245,000.00. Fund 331: (Road Impact Fee), Va.ndefbLlt Beach Road four Imin8 improvemems, Project No. 67021 in amount of $122,839.00. ~3~.fld 331: Transfer reserves in ~-noun! of $137,500.00 to V~derbilt Beach Ro~l, Project No. 67021. TOTAL = $505,339.00 GROWTH bL~NAGEMENT Ib/PAC"F: This CIE Project No. 023 is cot~istent with the Collier County Growth Management Flan. RECOMMENI~. ATION: ~lTu~t the Board ofCoumy Cotrani~sionets: (1) app~rve constm~on chan8e order number eight (8) for Vanderbi~ 15e~ch Road in the mat~imum amount of $505,339.00; (2) approve ~ maximum consulth~8 engineetb~ fee of $$,000.00 with Wilson, bfillex, B~gton and Per, c, Inc. trader a Supplemental Agr~ment to be exeosted by ra~ (3) direct and authofze OCTM staffto ~ md execute construction change order number d~ ($); (4) direct l~tffto process an Agreeme~ amendment with WC! Communities,~r a $109. 959.41 reductk~ in authorized road impact fee cra;Ih ,~) approve ~ neees,~ budget amends~mt. · Ed II~:hn~, Public Works Adminisc~ot VAR/~~ cc: Dave Bobanic~ Interim Director, Tranr4~o~on Rich HeHriegeL, P.E., Senior Project Manager, OCPM RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A CHANGE ORDER TO THE VACCARO CONSULTING, INC. AGREEMENT TO DEVELOP A FUNCTIONAL SPECIFICATION FOR DOR UTILITY BILLING, SOLID WASTE, SPECIAL ASSESSMENT AND CASH RECEIPTS BUSINESS FUNCTIONS OBJECTIVE: To authorize a change order to the Agreement dated Noveml:~r 5, 1996 between Vaccaro Consulting, Inc. and Collier County to develop functional specifications for DOR utility billing, solid waste, special assessments and cash receipts business functions and to reallocate funding from Collier County Water-Sewer District, Special Assessments, and Solid Wa.~te budgets. CONSIDERATIONS: On November 5, 1996 staff was authorized to procure the professional assistance of Vaccaro Consultants, Inc. pursuant to the acquisition and implementation of replacement of utility software in the amount of $60,000. He has completed Task I of this agreement. This change order, if approved, increases this authorization to $63,300. To develop the definition of the County's utility software requirements, Vaccaro interviewed personnel from DOR Customer Service, Utility Billing, Solid Waste, Special Assessments, Community Development Services and Public Works. Four (4) of the pdman/ systems used in DOR are utilities billing, solid waste, special assessments and cash receipts. Since the utility billing and special assessment systems were implemented pdor to the creation of DOR, integration of the systems is non-existent. The CD-Plus System was implemented by Community Develol:~nent Services (CDR) to satisfy the requirements of CDS, thus the systems being within the DOR and CD-Plus Systems are separate systems that are not currently integrated. Due to the separate systems that are currently being used to perform utility processing, solid waste processing, special assessment processing and CDS permit processing, there is a substantial amount of duplicate data entry. Data that is common to the different databases is not elecbonically shared between the systems. As a result of Mr. Vaccaro's interviews and recommendatons to staff regarding the shared data between the systems, staff is requesting that the scope of the p~'ojec~ be changed to allow integrated systems. Implementing integrated systems would allow the data from the CDS systems and the DOR systems to be linked and be able to be ~ by commo~ data elements. The ability to access the transactions from ~,jltiple systems usir~g common data elements would provide more efficient and flexible processing. The data from CDS and DOR systems would be in a format that would be easier to integrate into other land based applications, such as Geographic Information System. These additional tasks will result in a contract extension ,o 540 days. r"~, .."j~ [.. 6. The purpose of the executive summary is to obtain Board authorization: · To approve a change order accommodating items 1 through 5 · To approve a change in the funding sources · To approve the necessary budget amendments 7. This change order will increase the purchase order (PO 703044), by $3,300 and change the funding source(s). FISCAL IMPACT: Funds authorized for the current purchase order ($60,000) are budgeted in 408-20105-634999 - Other Contractual Services. Staff proposes that $6,000 from Fund 341 Assessment Receivable reserves and $15,000 from Fund 473 Mandatory Trash Collection reserves be appropriated in Other Contractual Services in those Funds respectively. There would be a concurrent reduction of the appropriation in Fund 408 of $17,700. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners of Collier County authorize a change order to the Vaccaro Consulting, Inc. agreement to develop functional specifications for integrated utility billing, solid waste, special assessments and cash receipts business functions and authorize the necessary budget amendments. Prepared by: "-~"'~x.c.,,.,~,.~c...~. -.-_~_~.~~~..~;,........ Mary Jo T'crbi~ton, Revenue Manager Revenue Services Depa~ment Jo~ A. Yonko~ire~o~ Rev~gue Se~epa~ Reviewed~ / ~ ~ ~ EdWard Finn - Operations Dire~or Approved by~ Ed Ilschner,~mini~tmtor Public Wo~s Division Date: '7..'/\ ~',/C'~? Date: Attachments: · Overview of recommendations (3 pages) · Change Order No. 1 (4 pages) MJT:pc J tJ I. 2 I$ 7 TO: Mr. Garry Vaccaro, President Vaccaro Consulting, Inc. 110 Cottage Hill - Suite 330 Elmhurst, Illinois 60126 FROM: Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 SUBJECT: DATE: Change Order Number 1: Revised Scope of Services July 17, 1997 Contract: Contract To Assist With Defining Utility Billing Software Requirements and Performing A Vendor Evaluation In accordance with a contract between Vaccaro Consulting, Inc., and Collier County dated November 5, 1996, the Contractor shall assist the County with defining the County's current utility billing system requirements. Under the terms and conditions of this contract, the Contractor is required to perform five (5) Tasks and Services, totaling 286 hours, that will -',ssist the Department of Revenue with the identification of a software vendor that would meet the County's procurement requirements. Vaccaro Consulting, Inc., has completed the Task # 1, which required the Contractor to perform a review of utility billing business and system requirements. As a result of these findings, the County wishes to revise and expand the Contractor's remaining Tasks, as defined under his current contract, to require the Contractor's assistance with the procurement of an integrated Information Management System that will include utility, special assessments and other business requirements for the Department of Revenue. 'l'he revised and expanded Tasks and Services shall be as follows: 'rASK #1: Define Utility Billing System business requirements. 166 hrs @ $105 per hr = Expenses To Date = Total Task #1: $17,430 = $19,700 TASK #2: Review the County's processing requirements by interviewing County personnel and reviewing system reports used by County personnel. Interviews will be conducted to determine the processing requir~331tD:t,.s..(~[ TASK #3: TASK ~.4: TASK #5: TASK #6: TASK #7: Special Assessments, Solid Waste, and the Interfaces for Cashiering, Workorders, Utility Billing, and the Information Mangement System used by Community Development & Environmental Services Division. Assist the County with defining all required functional specifications of these processing requirements. Assist County personnel with the preparation of sample data, Total Task #2: 48 hrs. @ $105 = $5,040 Develop detailed software features checklists for the applications and the interfaces to other County applications. Modify the utility billing software features checklists to reflect the integrated system solution. Submit the first draft of a written report. Total Task #3: 80 hrs.@S105= $8,400 Review the software features checklists with the Prototype. Team. Revise the software features checklists as requires. Submit final draft of a written report. TotalTask#4: 24 hrs.@S105= $2,520 Assist with developing the Request for Proposal (RFP) document that will be ser't to vendors. Review the RFP prepared by County personnel and provide additional information to be included with the RFP. Total Task #5: 8 hrs. ~ $105= $840 Prepare a written list of vendors with software systems that could satisfy the County's business and technical requirements. Review the list with the Prototype Team and Purchasing for use in preparing the bidders list of prospective vendors. TotalTask#6: 24 hrs. @ $105= $2,520 Coordinate the responses to vendor inquiries regarding the RFP and monitor the vendors' responsiveness in submitting the RFP document. Vendors will have an opportunity to discuss different system alternatives pdor to submitting a written proposal. All inquiries and answers will be documented and sent to all vendors that received the RFP. TotalTask #7: 20 hrs. @ $105= $2,100 TASK #8: Assist the Prototype Team with a preliminary review of vendor responses to the RFP to eliminate those vendors whose bids do not satisfy the County's requirements. Assist with the determination of which vendor proposals will be further analyzed and which do not meet the minimum requirements in the RFP Total Task #8: 8 hrs. ~ $105= $840 'I'ASK #9: Perform a detailed review with the Prototype Team of the remaining proposals and prepare comparison charts and written documentation for use in conducting final evaluation of the vendor's proposals. Total Task #9: 72 hrs. @ $105= $7,560 TASK #10: Present final evaluation documentation to the Prototype Team and assist with the identification of the two or more best vendor systems. Present the written results of the analysis to the Selection Committee for review and approval. Totz, I Task #10: 8 hrs. (~ $10S= $840 TASK #11: Attend demonstrations of two or more vendor systems. Assist County personnel with reviewing the functions of the vendors' systems against the software features checklists. Assist with identifying modifications that must be made to the software to satisfy the County's requirements. Total Task #11: 40 hrs. (~ $105= $4,200 TASK #12: Following demonstrations and discussions with the vendors, assist the Prototype Team with the final evaluation process and identification of the best vendor system. Total Task #12: 16 hrs. {~ $105= $1,680 TASK #13: Prepare a final report and present the recommonded system to the Prototype Team and Selection Committee. Total Task #13: 16 hrs. ~ $105= $1,680 TOTAL CONTRACT FOR TASKS AND SERVICES: 530 hrs. @ $105 = $55,650 TOTAL ESTIMATED ALLOWABLE EXPENSES: The following Tasks and Services shall be performed by Collier County personnel and satisfactory completion of the Tasks shall be the responsibility of the County: 1. Contact software vendor references to assess the quality of the vendor's products, support services and vendor responsiveness. Coordinate demonstrations of the vendor's proposed systems. Perform a review of the vendor's user an ' technical documentation to ensure that the user and technical documentation satisfied the requirements of the County. 4. Perform a review of the financial position of the vendors to verify the short- and long-term financial stability of the vendors. 5. Perform site visits at customer sites for the selected vendor. 6. Perform a review of the operation of the selected system in a live processing environment and discuss the system operation and system support with users. L_,ength of Contract: The Contractor shall reach final completion of the work on or bi.,fore the expiration of 540 days from the date of the Notice to Proceed, issued March 11, 1997. Air other terms and conditions of the contract remain unchanged. William R. Coakley, Project Director Information Technology Department Date John Yonkosky, Director, Department of Revenue Date Gamy' Vaccaro, President, Vaccaro Consulting, Inc. Purchase Order:. 703044 Date g~le: 7t17~7 TN: eT:]~ :M COLUER COUNTY GOVERNMENT IJTlUTY BILUNO FUNCTIONAL SPECIFICATION, SYSTEM ISSUES, AND RECOMMENDATIONS e) 'Fhis report includes the functional specifcation for a new utily b~ng sy~em ~o be k~nplemented in the Department of Revenue (DOR) and the issues and mcga~n:~e~am~ regarding the implementation of systems in DOR. t~e evaluafior~ of vendor products to replace the ex~ng utMy ~ ~ To the definition of the County's utility billing software reqt~ Vat:carD i:'~terviews with personnel from Customer Serv~..e. Utility B~ling. sorad VVaste. Speoal /L.'~sessments, Community Development Services (CDS). F'r~nce and Pul=k: f-Lxt*u'bit A. UUlity Billing Functional Specifications. ~sts the ~ ~ for the t~lity billing system. There are currently four pdmary automated systems used in the DOR sec:bc.~,s (~ EMS.) The automated systems include, utility billing. ~ waste processaxj. ~ asssessment processing and cash receipts. The utility bi'lra'tg system has been ~'nplemented for over 5 years, the special assessment system was developed by County personnel approximately 15 years ago, the solid waste system and the cash receipts .,;ystems have been implemented within the last year. The cash receipts system currently being used by DOR is the cash receipts application wtl~in the CD-Plus system thai has teen recently implemented by CDS. .';ince the utility billing and special assessment systems were implemented independently by different divisions, (prior to the creation o1' the DOR in Apd11995), integration of the s.ystems was not a requirement of the systems. Additionally, the old technology of the utility billing and special assessment systems does not lend itseff to integration with other systems. The CD-Plus system was implemented by CDS to satisfy the processing r..~uirements of CDS. The integration of the CD-Plus system with systems being used in the DOR was not a primary requirement of the CD-Plus system. Additionally, the old technology of the utility billing and special assessment systems would make the integration beh,/een the systems d~cuJt. Thus, the systems being used wffhin the DOR and the CD- Plus systems are separate systems that are not currently integrated. During the process of performing the interviews to define the County's utility billing software requirements, Vaccaro identified the following issues related to the systems implemented in DOR: Due t.o the separate systems that are currently beihg used to perform utility billing, solid waste processing, special ~.ssessment processing and CDS permit Ir'f~n:.Oanl~ Vacc~m Te: ~ B4.4~ COLUER COUNTY GOVERNMENT UTILITY BILUNG FUNCTIONAL. SPECIFICATION, SYSTEM ISSUES AND RECOMMENDATIONS processing, there is a substantial amount of duplicate data entry being performed by DOR and CDS personnel to enter and maintain the data in these systems. - Data thai is common to the different system databases is not being electronically shared between the systems. - DOR personnel prepare reports and paper forms that are exchanged between departmen!< to enable infon'nation to be processed among DOR sections. - Job functions could be automated in an integrated system. The data in the various systems Ihroughout DOR and CDS is not able to be linked using common data elements. Data from all systems is not able to be accessed by a common folio number or address. '~e County could realize substantial benefits and efficiencies from implementing integrated systems and using a common database with the CDS system. An integrated system would enable data to be maintained in one location and be acce~___~d_ by the other applications requiring the data. This type of data integration and data sh~ used throughout DOR and CDS would reduce the amount of time needed by County personnel f~ maintaink'~g common data in To compensa~ ~ a ~ ~ ~ed s~ ~ ~ of ~, DOR pemonnet must pmpere reports and manually complete paper forms that are ~ ~ DOR s, ections. The reports and paper forms are used to process data in Ihe ~ sTstems u~ed in DOR. An integrated system would reduce, and in rno~ ~ elTa-ninate, the need fox exchange of reports and paper CaTere'y there are many job ~ being performed within DOR that could be automaed w~ an integrated system, i.e., the lrac!dng and bi~ling of financed impact fees, ~ verifying accounts on the shut-off rep(xt, processing work on:le~s, ped'orm~ analysis of data, etc. Iml~emenfing these function-~ in an integrated system would reduce the effort required and improve the accuracy of - Implementing integrated systems would allow the data from the CDS systems and the DOR systems to be linked and be able to be accessed by a common IrrqN~: G~ ~ac~arG To: Ida~ I~c~$ DMf: ?117~? ?~n4: 07:JT:~ Pl~ 4 of 4 COLLIER COUNTY GOVERNMENT UTILITY BILLING FUNCTIONAL SPECIFICATION, SYSTEM ISSUES AND RECOMMENDATIONS data element(s). The ability to access the transactions from multiple systems using a common data element(s) would provide more efficient and flexible processing, i.e., generating estoppel letters, posting of cash payments. The data from the CDS and DOR systems would be in a format that would be easier to integrate into other land based applications, such as a Geographic Information System (G!S), in the future. E.xhibit B, Issues and Recommendations, lists in detail the issues and recommendations regarding implementing integrated systems in DOR. Vaccaro recommends that the County develop a functional specification for all DOR business functions and prepare an I:~FP document to evaluate and select integrated systems to be implemented throughout DOR. 3 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED BUDGET AMENDMENT WHICH PRO¥IDES THE FUNDS TO INSTALL A JOHNSON CLIMATE CONTROL SYSTEM AS PART OF THE MARCO ISLAND i~RANCH LIBRARY EXPANSION PROJECT OBJECTIVE: To allow Facilities Management to remotely monitor, control, and regulate the humidity and temperature of the Marco I~land Branch Library. CONSIDERATIONS: It has been found, through studies, that the coun- ty can save money with centralized control of the climate in county- owned ~dings. Additional savings can be realized by the removal of multiple on-sight inspections of remote facilities. FISCAL IMPACT: Funds are available in unbudgeted Impact Fee Re- GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the atta~ched budget amendment. PREPARED BY: John'W. Jones, Library Director APPROVED BY: John W. Jones, Library Director DATE: APPROVED BY: ,~ Public Services A~,inistrator JUL 2 9 '1997 B__U DG ET Eeserves AMENDMENT 355 (FUND NO.) f IXevlou~b/al:'Proved. BCC Agenda Date: _ / / EXPENSE Item No. REQUEST For Budge~/Financa Use Dray JEe BARe A.P.H. Date TO BCC YES NO Attach Executive Summary Reserve .for Capital Outlay 9~9010 ~ Career r~e Co~ Cem~ No. EXPENDITURE _.Q.~..QI-.Q[ ~..--- EXPENDITURE TITLE qq~O~O __~r_v e s BUDGET OETALL Project Tee INCREASE CURRENT $ (40,000) $_?.60,545 $ $ N/A . Pro~ec~ No. REVISED ~60,505 Marco Island Branch 762200 156160 Cc~CemerNo. EXPEND~URETrTLE Building Improvements Toud S [40,000) Marco Island Addition 80254 ProjeclT~le Pr~e<=No. INCREASE CURRENT REVISED ~ 8UOGET ~uo~r 40,000 S 1,562,036 $ 1,602,036 S_ $ ~. $ ** $ $_ $ $ Total $ 40,0oo ~EVENUE BUDGET DETAIL REVENUE Co~ Cents, NO. · REVENUE TITLE To, al INCREASE CURRENT S S $ 5, -Pr~j~ No. S. JUL 2 9 1997 EX PLA N^TIO]~ It has been decided that it would be in the best interest of the County to J. nstall a "Johnson Climate Control System" in the new Marco Library. In addition, an upgrade o~ carpet is needed to meet county standards Foe. ds are available unbudgeted in the Library's Impact Fee Reserves. REVIEW PROCES.~ C, OST C~NTER DI~£CTOn: ',.~, L_~,.~' ,,. ~LIDGET D£PARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO.: Fo,'m No. CC004 ~O/O~/SO EXPLANATION Why ~e ~unda needed? It has been decided that it would be in the best interest of the County to install a "Johnson Climate Control System" in the new Marco Library. In addition, an upgrade of carpet is needed to meet county standards. Fur. ds are available unbudgeted in the Library's Impact Fee Reserves. [4E~qEW PROCESS BLIDGET DEPARTMENT., DATE AGENCY MANAGER: FINANCE DEPARTMENT: C[,ERK OF BOARD ADMIN: INPUT BY: B.A. NO,: Fo~m No. EXECUTIVE SUMMARY ORECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID # 97- 2701, "PORTABLE TOILET RENTALS", FOR USE AT ALL COLLIER COUNTY PARK FACII.XI'IES. Objeettve: To have the Board of County Commissioners award Bid # 97-2701, a contract to supply potable toilet nmtals for use at all Collier County park facilities. Co~sider~stion: Bid # 97-2701 was posted June 2, 1997 with the bid opening occurring on July 2, 1997. Invit~tiuns to bid were sent to five vendors with only two respot~es. The lowest responsive bidder was J.W. Cr~t~, lac. of Naples, Florida. The Collier County Parks and Recreation Department utilizes this service v~ious times ~.'mually for County sponsored leagues, special events, etc. which are held at all Count)' park facilities. Growth Management: None Fiscal Impact: This service is specifically budgeted in the Parks and Other Properties Fund 001, Cost Center 156332, and the lmmokalee Park MSTD Fund I 1 I, Cost Center 156334. Recommendation: J.W. Cr.~ Inc. of Naples, Florida. Gar~ra~c~/Parks Manager Departmerft of Parks and Recreation Staff recommends that the Board of County Commissioners award the above stated bid to Approved by: /! . Department of Parks and Recreation Date: Reviewed ~md Approved by: Steve Camell, D~rector Department of Parks and R~mation Thomas W. Olliff, Administrator Division of Public Services FOR BID #97-2701 POS'i-~G DATE: June 2, 'Portable Toilet Rental" OPENING DATE: July 2, 1997 [NVFfATIONS SENT TO'. $ Vendors Page I of 2 D~y ('~t of rental uni! cleaned one time ~k-~.ples and M-~o: S_/~ .-~ S /. ~ S S ~lly' ¢~st of rental uni! cleaned one time pe~ we~-Carnestown, immokalee and Ever~tides: Daily tost of ftntal unit cleaned two times ~ ~ Ma-r.o: )~'ly ~ost of r~nml unit cleaned two times per w~.-k-CarnesIown, Iramokalee and Ever~l~des: Daily cost of r~ntal unit clc~ned three times )les and Ma~co: s /.'/? s /,~'? s s ~.~ s ~.¢~ s cost of r~l~l unit cleaned three times we~-Carnes~wn, Immokalee snd s ,g. ¢~/ s D~ly cos~ of t~ntsl unit cl~med dally- Na~ks .~t Marco: S .~. f'~ ,ff. '/S/s ~ c~sx of renial unit cie,ned daily- C. sn*neslown, lmmokalee ~d Duily o~st of r~ntsl per Special Event- N~)l~s nnd Drily o~ of nmtal pe~ Special Event- ~own, Lmmokalee and Ever~d~: TABULATION FOR BID ~/97-2701 POSTING DATE: June 2, 1997 "Portable Toilet Rental" INVITATIONS SENT TO: 5 Vendors OPENING DATE: July 2, 1997 Page 2 orr2 VENDOR NAME .~-~/' I I I I TOTAL Bm PRICE S ~o /~' $ ~ .~.c// $ $ Prompt Pay~nent Terms: % days % ~days % ~ays % days Net days Net ~ days Net ~ days Net ~ days John W. Kirchner, Pm:chasing 'fechnician "No Bicts" received from: EXECUTIVE SUMMARy REPORT TO THE BOARD ON THE STATUS OF FLORIDA COMMUNITIES TRUST PRESERVATION 2000 GRANT FUNDING APPROVAL RELATIVE TO THE SUGDEN REGIONAL PARK AND RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE ITS CHAIRMAN TO EXECUTE APPRAISAL AGREEMENTS SHOULD ADDITIONAL APPRAISALS BE REQUIRED BY THE TRUST. ~: To obtain authorization to hire two (2) additional appraisal firms, if necessary, in order to secure grant fi~nding from Florida Communities Trust in order to construct the Sugden Regional Park facility. CONSIDERATION: On June 10, 1997, the Board of County Commi~ion~rs approved a time extension to the Conceptual Approval Agreement with Florida Communities Trust (FCT) relative to the Sugden Regional Park Preservation 2000 State Grant Award. The addendum extended the agreement until November 8, 1997 and was needed to address a 20~/~ discrepancy between two (2) ~sppraisals that were completed on the pa,k properly. As stipulated in the Concepttw. I Approval Agre~wnent, the FCT must ~ two (2) independent appraisals prior to reimbursing Collier County for a portion of the purchase price of the Sugden Kegional Park property. The appraisals must be prepa-ed by appraisers on the FCT's approved list. In July 1996, the Board commissioned two (2) ~LM appraisers to ~vepare the required appraisals. Of tt,.e few appraisers who were on both the FCT aplrn-oved appraiser'list and Collier County'a approved al~praiser list, the low bidders were ~lec. ted for the assignment. Their appraisals were forwarded to the FCT for review. At the request of the FCT's contract reviewer, bo~. apprai.se,~ have conducted eat~nsivc research and have incorporated theft findings into m'nended ver~ons of ~t~eir appraisal repons. FCT's independent Review Appraiser, however, is still unwilling to approve either of the appraisal reports. Several conference calls and numerous pages of correspondence have failed to pnntuce agreement as to the acceptability of the appraisals. The FCT, under the advice of their contract review appraise~, has recommend~ that the Cotmty oblain two (2) diffenmt appraisal repons in order to meet the FCT's minimum a~.atuto .tV nxluiremeras. FCF has assured the Real Property Management Department that they, will attempt to expedite, the re~.iew of the new appraisals, and is considering assigning the review task to a diffenmt contract renew appraiser. 'Paey have a.~,~ agreed tc~ reimburse the County for 40°/, of thc cost ofthe a~ptaisal fee~. (as part of the total project acquisition costs.) Stsff, however, is still desimtcs of resolvins thc dispute over thc qua]iiy of thc previous appraisals without conlracting for two new reports. FCT's review appraiser, whose office is in Oldsmsr, Florida, has agreed to visit the. subject propcrty and conduct his own study of thc Naples market. St~ffhas offered the r~wiew appraiser the me &office and research facilities in thc hop~ th~ he will ~n~ to view the subj~'t neighborhood md the Naples community in the s~me m,xmer ~ the original ~pr~ise~, and re~_ li~,e that the original appraisers' ~sumptions are supported by the m~rket dat~ to lhe extent possible given the unique nature of thc subject property F~-.,~: The total cost to obtain the two (2) appraisals, if necessary, shall not exce~l $1 :},000 and shall be withdrawn from Account 306-116360--631600-80081. ~[~I[~Ig~ENT IMP~: Sugden Regional Park is compatible with thc Recreational and Open Spa~ Element of ~he Court .ty's Comprehensive Plan. l]~~: Due to the cimumstanc~s, that the Board of County Commissioners au~iorize its Chairman to execute Appraisal Affreemmts, if necessary. DATE: ?-~'- ~' AO~A ITJE~4. JU.L 2 EXECUTIVE SUM~FIY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ACCEPT TWO (2) QUITCLAIM DEEDS FOR THE DONATION OF THE PROPERTY SITUATED IN SECTION 16, TOVVNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FOR PARK & RECREATIONAL LANDS. OBJECTIVE: That the Board of County Commissioners accept two (2) Quitclaim Deeds for the donation of the property situated in Section 16, Township 52 South, Range 26 East, Collier County, Florida, to be utilized as park and recreational lands. CONSlDERAT1QN: On April 28, 1997 The Deltona Corporation provided two (2) Quitclaim Deeds to the County's Park and Reoreation Department to convey e portion of two (2) tracts identified as Tracts C & D, Unit 9, Marco Beach, specifically for park and recreational lands. The tracts sre located directly along Winterberry Lane being more particularly identified on the attached map and exhibits. The Declaration of Restrictions which had been recorded in ~ Official Reco'ds Bcok 1388, Page 582, et saq., of the Public Records of Collie' County, F,~da, by The Deltone Corporation o~ October 18, 1988, placed a number ol restrictions and limitations on the aforementioned tracts. In summary, the restrictions includ~ tho follow~ng: a. That the tracts or any pcxlion thereof shall be · lands~ buffer tract sncl the property or ffm improvements th~eon &',.all be for the purpose of ~ti~l ~ n~in~r4~ of grass, flowem, shrubbery, trees and ~:~h~' landscaping vel,~etat:,3n and features providing oecurity arv:l privacy to the use a~x:l benefit of. the adjoining resJdontial lots. b. That no building, enclosed struc, tura or fence shall be erected on said ti'acts. c. That no cina~ge in elevation is permitted which would intecfere with the drainage or cause h.3rd.~ip to adjoining properly d. That said restrictions run with the land and shall be binding until Septemb~ 1, 2018 end at that time subject to a~ euton,.atic exter~ion of te~n (10) years unless a majodty of lot owners within the subdivision change the covenants. J~L 2 9 1.,997 Pg._ The proposed park and recreational lands ~4'mll be conveyed to the Board of County Commissioners by two (2) Ouitclaim Deeds. The documenL~ are attached and have been reviewed and approved by the County Attorney's Office. The Pollution Control Department had been requested to prepare a Preliminary Site Assessment Task I Audit. The Pollution Control Department advised that they found no problems and recommended the acquisition of this property by the County. FISCAL IMPACT; Staff estimates that the total cost for the r~tion of the two (2) Quitclaim Deeds and four (4) Partial Release documents in the public records of Collier County, Florida is $37.40. All costs and expenses will be charged against account 001-156332-649030. Staff shall be returning to the Board of County Commissioners to request approval of a Resolution to Cancel Taxes for 1997 in the amount of $200.00 pursuant to Florida Statutes 196.28 and 196.29; thus deleting the properties from the tax rolls. GROWTH MANA(~EMENT PLAN: None. RECOMMENDATIQN; The Board accept the two (2) deeds with restrictions and limitations for the donation of a portion of two (2) tracts located along Winterberry Lane, Marco Island, to be utilized for parks and recreational lands and authorize Staff to proceed and record all necessary documents in the Public Records o[ Collier County, Florida. PREPARED BY: { ~ (~/J...,'~'¢..,~ Date "7- Yvoni~a ~C~'mbers, Real'~'perty Specialist Real Prol~rty Management Department REVIEWED BY:__~~_~...~.4z~.w~,~,~:_ Jotth Dunnuck, Operations ~,oordinator Parks & Recreation Department Date Maria Ramsey, 13~e~or Parks & Recreatib~epartment Date '7/~ ~/~,.:~_ APPROVED BY: Thon~as'~.'~lliff, a~'nistrator Public Services Administration Date -~. ~,'7-q? JUL 2 9 ~ 4) rOUITC:LA~ DEED ~ ~e, ~ ~ ~ ~ ~ M ~ ~, Be~e~n ~E ~TO~ C~N, ~',~ BOARD OF C~lEfl COUN~ COMMI~IONER6 ~NATED FOR PARK & RECR~ON~ ~ND ~; ~ ~t ~: 3300 ~NTA BARBARA BO~EVARO. NA~. ~ ~411~ T~ Identlflc~Mn No. 5780016 A ~R~ ~ ~ACT ~', of MA~CO B~CH U~tT NI~E, Icc~dlng ~ ~ Plat remd~ In Flit ~ i, it Pigel g9 t~gh T3, of t~ Public ~dl of Collier LE~ AND EXCEPT THEREFROM ~oe p~ns of Trtcl ~' ~flvo~ ~ re--did In ~clil RlcMdl ~ 1402 it Pqt 1066; O~M Rec~l ~ 1402 1068; Omc~l Recordl B~ 1423 ~ PlBe 1316; and O~clal R~dl ~ 1008 2070, of ~ ~bl~ Rl~dl Of ~lller C~n~, THE DELTONA COR~A~ON, a ~law~e STATE (~ FLORIDA JUL ~ QUTTCUdM DGED ~--.~ BO~D ~ C~R CO~ C~~S ~NA~ FOR P~K & RE~~ ~ ~e~~s m~ 3300 ~NTA B~B~A BO~O. N~S, ~ 3411~ THE DELTONA COI~PORATION, Slim, -._Z C~llicr. '.,...': :i;J,:': · 'ERG Mexico '-- SCALE OF MILES Caxa: - ~,:~o01 '07" Pg.. 0 EX. ECUTIVE SUMMARY O RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE TIGERTAIL BEACH CONCESSION AGREEMENT WITH COOL CON--IONS INC. Obj~ttve: That the Board of County Commissioner~ approve the Tig~'tail Beach Food & Beverage Conce~ion Agreement with Cool Concessions Inc. Consideration: RFP #97-2646 was advertised on November 22,199/v, with the actual bid opening occurring on March 28,1997. Two vendors responded to the Reques~ for Proposal with a Seleclion Committee being established ~o rank order the proposals and to negotiate thc proposed agreement. The number one ranked firm was Cool Conc~siofls, Inc., of Marco Island, Florida. The term of the initial agreement is for five yea~ ~ an option to renew for five years und~ fi~e ~u~e terms and conditions as the original agreement. The vendor is authorized to sell food, beverages, and related sundries. In return for said servicc~ the County shall receive a percentage of the total monthly gross receipts. Cool Conces:fions Inc. has been the concessionaire since 1991. The 19951997 anticipated remitl~mce to the County is expected to be over $35,000. Final Impact: The County shall receive twelve percent (12%) per month for gross revenue cumulative year-to- date under $180,000 and eighteen percent (I 8%) per month for gross revenue cumulative )Tar-to-date $180,000 and over. Growtk Mauagement: None Reeomzaendaflon: Conce~6on Agreement with Cool Concessions Inc. ~ohn Dunn.ck, Operations Coordinator Department of PaSs and Recreation Approvet by,,, Dn~or Maria Ran~sey, ': Department of Parks and R cation Reviewed and ~4//'/ Steve C~neil, Dir~or IDq~m~t of Purch~ing TI'att thc Board of County Commissioners approve the Tigertail Beach Food & Beverage pate: 7-.,2 l- Y '7 Date: 7- ~-'~ ~ Th~m~.~ W'. ~'~iff, ×dn'~trator Division of Public Servif.~s .o.-z cO,a! JUL 2 9. TIGERTAIL BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this . day of , 1997, A.D. between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Cool Concessions Inc., a Florida Corporation with offices at 909 Collier Court, Marco Island, Florida 34145 (hereinafter called "Concessionaire"). .~COPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at Hernando Street, Naples, Florida in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. ao TERM. This Agreement shall be for a term of five (5) years, commencing on August 1, 1997, and shall be renewable upon satisfactory performance by the Concessionaire, for one (1) separate additional period of five (5) years, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original five (5) year term. The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: The area known as Tigertail Beach, Hernando Street, Marco Island. Florida, not including the public parking area. One (1) Century V817 concession trailer, one (1) shed, and space to store one (1) refrigerator, one (1) freezer, and one (1) ice. machine. The Concessionaire shall have the use of the beachfront, in accordance with the limitations of paragraph 1[c] below. The Concessionaire is also authorized to add temporary concession stands to the concession facilities provided by the County, in accordance with the market demand presented to the Concessionaire and subject to the restrictions of paragraph 34 and 35 below. Co USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: Food and Beveral:le Service. The sale of food and/or beverages, and ice cream products from pushcarts, or other vehicles authorized by the County, or permanent designated locations on the beachfront in accordance with the provisions of this Agreem~;nt. 2. Sale of Rel_at_ed Beach Sundries_. The sale of related beach sundries shall be submitted in writing to the Parks and Recreation Director for approval. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Cool Concessions Inc. 909 Collier Court Marco Island, Florida 34145 Attention: Mr. Douglas Herbst, President All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County a! the following address: Director of the Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida .34116 NOT A LEASE. No part. parcel, building structure, equipment or space is leased to the Concessionaire; that the corporation is a concessionaire and not a lessee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, ;stipulations and conditions of this Agreement. !~IO PARTNERSHIP OR AGE_NCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. o 10. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. Concessionaire agrees that without the prior written consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their :spouses and children without the County's consent. MAINTENANCE The County agrees to provide the assigned facilities in their 'as is" condition and to perform necessary exterior maintenance on the facilities assigned to t'~e Concessionaire as well as to maintain the below ground level connection lines for water and sewer utilities. Exterior maintenance of the facilities does not include daily r~moval of litter of the concession facility. _TRASH, RUBBISH AND GARBAGE. The County shall provide all garbage, trash and rubbish receptacles within the confines of its area. Dumping of receptacles and removal of trash, rubbish and garbage to the dumpster shall be the responsibility of the Concessionaire. The Concessionaire agrees to perform daily removal of litter by 9:00 a.m. in the immediate concession area (one trash receptacle outside bathroom, two receptacles located at concession trailer and one trash receptacle located at end o'~ boardwalk by the beach). The County shall supply a dumpster for removal of tr,ash. RESTROOM CLEANING. The County shall be responsible for daily cleaning of restroom areas. Concessionaire agrees to perform emergency cleanup in situations where a Park Ranger is not available. USE OF THE FACILITIES IS PRIMARY. Tigertail Beach is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not p[eclude the Concessionaire from scheduling promotional events which might temporarily limit access to the event sile subject to the pdor written approval for each of said, on a case-by-case basis, of the Director of Parks and Recreation or designee. SF. CURITY. The Concessionaire must provide at its expense any security measures to protect its area and equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. JUL 291997 11. PERMITS, LICENSES, TAXER. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with a~l laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. This shall include HRS Screening for the Concessionaire and its employees. The Concessionaire and each of its employees agree to successfully complete CPR and First Aid Classes within one hundred eighty (180) days of the commencement of this Agreement. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. 12. ~:~ONSIDERATION. The Concessionaire sha~l remit to the County, as consideration for this Agreement, a percentage of the total gross revenue (adjusted for items returned) of the Concessionaire's business, including the sale of food, beverage, and sundry concession operation as follows. $ 1 $180,000 12% Per Month $180,000 - and above 18% Per Month The percentage shalt be based on total gross revenues cumulative year-to-date. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of al! costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the Pe~°centage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding arnounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Depa~nent a Statement of Gross Receipts. The total gross revenue figure of $180,000 or over shall be adjusted once per year on the anniversary date of the Agreement based on the annual change to the Consumer Price Index-Southern States, under "All Urban Consumem, Ali Items", using the late.,;t release available. 13. 14. 15. 16. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. In the event the County chooses to renew the Agreement for one additional five (5) year period, the renewal shall be subject to final approval by the Board of County Commissioners. UTILITIES. The County shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity during the term of this Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire, i.e. telephone. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received no later than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, may cancel this ,Agreement, and may begin procedures to collect the Performance Bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. 'This report shall accompany the monthly statement of gross revenues and will be subject to audit. Tile County has no duty to notify the Concessionaire of its failure to remit any such payment or report. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, f, ood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Tigertail Beach Concession any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation. Upon expiration of the term specified in Paragraph l-a, if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from Tigertail Beach and shall do so within fifteen (15) days followioo the NO.~ JUL 2 9 1997 P9-~ 17. 18. 19. 20. 21. expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus ali expenses of ~he sale. RECORDS, AUDIT. Concessionaire shall establish and mair~tain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the C.:ounty within five (5) business days after the County's notice to do so is received by Concessionaire all at no cost to the County. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of concession services. The County shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. County shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. INSPECTION. The concession facilities and premises may be inspected at any time by a .authorized represer, tatives of the Director of the Parks and Recreation Department or designee or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediately the correction of any deficiency cited by such inspectors. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any' such interference shall not relieve the Concessionaire from any obligation hereunder. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly wanes all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its conlrol or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such discharged within ten (10) days after written notice to do so from the County. 23. 24. 25. 26. ORDERLY OPERATIONS, ETC.. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. Ali employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and who continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. HOURS OF OPERATION. The concession shall be open and propedy staffed seven (7) days per week, 365 days per year, weather permitting. The hours of operation shall be l'rom 10:00 a.m. to 5:00 p.m. during the summer (April I thru September 30) and from 9:00 a.m. to 5:00 p.m. during the winter (October I thru March 31). The Concessionaire may open at an earlier time and close at a later time subject to prior written approval of the Director of Parks and Recreation Department. All hours of operation shall be conspicuously posted and easily read by park visitors. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, nor for any purpose in violation of any federal, state, or County law, crdinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorizr'd representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report,, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation dudng such suspension until the violation has been corrected to the reasonable satisfaction of the County. JUL. 2 9 97 Pg --.---.~L.. ~ 27. 28. 29. 30. 31. 32. 33. p.__RICE~S. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. All prices must be displayed and visible by thc Conces.~ionaire' s customers. All such prices and fees must be approved in writing by the Director of Parks and Recreation or designee. The Concessionaire shall rent or sett only those items approved in writing by the Director of Parks and Recreation. N..__O_ DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. D..__EFAULT AND TERMINATIO~N. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. NO DISCRIMINATI_O_.N. There shall be no discrimination as to race, gender, color, creed ~r national origin in the operations referred to by this Concession Agreement; and furlher, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to prowde for the safety, orderly operation and security of the facilities. TERNIINATION. The Agreement may be terminated by the County immediately due to any materiat breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County · this shall be sole judge of non-performance. Further the County may terminate Agreement for its convenience by giving the Concessionaire not less than a sixty (60)day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. o~NTROLS_ OF TIGERTA!L BEACH CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Tigertail Beach for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. C.~H_.L~!~,~._~_p.AR_.~. Vehicle~ are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. Concessionaire shall have the right to use vehicles on the beach for the purpose of loading and unloading its equipment and supplies and as outlined on page 2, c (1) Food and Beverage Service. 34. 35. 36. 37. 38. 39. 40. 41. 'i-{AGE. Concessionaire shall not allow any overnight storage of any kind west of the Line". ~EGRADABLE CONTAINERS. The sale of beverages from cans, or bottles is not ,i[ted. Beverages must only be dispensed in paper cups, biodegradable containers, cyclable containers in accordance with applicable State and County requirements. use of straws is also prohibited. ;~M WARNING. Upon the declaration of a hurricane watch or the implementation of e',,~;uation procedures from Marco Island, Concessionaire shall remove all perishable from the concession trailer and secure it for moving. The County shall be ,;nsible for moving and securing the concession trailer. ,~. :EEMENT BETWEEN CONCESSIONAIRES. In the event there is more than one ~:,.-~::ssionaire located in the same park, beach, or other recreational area, the ,;~:'~;~zssionaire(s) shall enter into a separate agreement with the other concessionaire(s) outli,~ing each of their respective responsibilities. These responsibilities shall include. I:.'. ,,;t be limited to, cleaning and maintenance of the common areas, picking up litter, du~;~i}ing of trash receptacles, and any other activity that may require the joint (:c;'.:;eration of the concessionaire(s). Said agreement shall be subject to the approval of tt-,,~:, :3irector of Parks and Recreation. _,[~;:i.~DICTIONAL DISPUTES. Any dispute concerning the Concessionaire's rights uc~:!~:,r this Agreement versus other concessionaires' rights under other agreements with thc- County shall be submitted in writing to the Director of Parks and Recreation. FLORIDA LAW. This Agreement shall be governed by and construed in accordance w~.:; '.he Law of the State of Florida. _,<;_i~_NAGE_. The Concessionaire shall provide, at his sole expense, required signs at all r.,u'.dic approaches to the Concession. All signage, advertising and posting shall be as ap;:,,~cved by the Director of the Parks and Recreation Department. Signs that will be us~ for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Depadment. The use of the Collier County Logo is prohibited. IHDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and again,..: any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its scle negligence. J U L 2 9 1997 /D_ 42. 43. ',.NCE. Before commencing work of any kind. (1) the Concessionaire shall the following insurance with insurance companies licensed in the State of and (2) shall file evidence of such insurance with Collier County's Risk Manager. .Commercial General Liabllity; Coverage shall have minimum limits of $500.000 Occurrence, Combined Single Limit for Bodily Injury Liability and Property .~amage Liability. This shall include Premises and Operations; Independent ~ontractors; Products and Completed Operations and Contractual Liability. ~'~utomobile Liability: Coverage shall have minimum limits of $300,000 per .,,ccurrence. ,'/orkers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. Requirements: Collier County shall be listed as the Certificate Holder and '~,d as an Additional Insured on the Comprehensive General Liability Policy. ~ct, valid insurance policies meeting the requirement herein identified shall be ' ,'led by Concessionaire during the duration of this Agreement. Renewal Jtes shall be sent to the County at least 30 days prior to any expiration date. shall be a 30 day notification to the County in the event of cancellation or ~?3tion of any required insurance coverage. . ::5ionaire shall insure that all of its subcontractors comply with the same insurance ,.. ,~...ments that Concessionaire is required to meet. The same Contractor shall e County with certificates of insurance meeting the required insurance provisions. AGREEMENT shall be administered on behalf of the County by the Parks and :~;ion Department. As used herein, the word 'County" shall refer to the ...,r of Parks and Recreation unless the context renders such construction _(;~'_:',:PONENT PARTS OF THIS CONTRACT. This Contract consists of the ~ ,!,.' .thed component parts, all of which are as fully a part of the contract as if herein -..s~ ,::,ut verbatim: All Insurance Certificate; RFP No. 97-2646, and Performance E c,,/. In the event that the Terms and Conditions of the Request for Proposal are ID.~:,::;:;ived or found to be in conflict with the Terms and Conditions of the Tigertail E,.~:' :!', Concession Contract, the Terms and Conditions of the Contract shall take I0 JUL 2 9 1997 P~-~ WHEREOF, the Concessionaire and the County, have each, respectively, by person or agent, hereunder set their hands and seals on the date and year first ::SOCK, CLERK OF COURTS _/~?rlP, /,,q q' .,.:,,~,t witness ~~ ) !~ ',qimess~' f · ~ :t wimess name? BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN ~ Cool Concessions tn;, y..~~~e "Concessio ire" ~r~ature of'President of --' Cool Concessions Inc. Pn?~d name of President CORPORATE SEAL ,~.pprc v. ~ to fon'n and · ;~a;mer ;~;ut~ty Attorney 11 JUl 2 9 1997 .. ONLy ~mu~z~. RECEIVED :.~tal :F:c. dba :.VD F2 34409 Palco General Ins. Co. .,,. ~ r,E MEfl'T · ~1 h~G ANY REQUIKEMEh'T, T~RM OR CONDITION OF ANY COIiTIACT OR OT~ER DOCUMENT wrrll :.~ GR WAY PIOtTAIN, '~S INIUltANC£ &f~RD~O 1¥ TIll 1~3LICI~ 0~CIII~D : ,~$ OP SUCH POLICIES. LI~'IT~ SHOWN MAy NAV[ IEIN II,I~UC~D IY PAID 03/18/97 03/18/97 PACPO0027697 03/18/98 I03/18/~8 IIOCi~L¥ IKfl~ty i: t.ooe-~OOO, s 1,000.000 s 1.000.000 s 1.000.000 s 50. 000 1.000 PACPO0027697 S $ I ' INS~CE & RISK ~AGEME~ NAPLES FL 33942-8506~ TODD'S TIGERTAIL ~ ~ J DBA COOL CONCESSIONS 900 COLLIER CO~T ~406 L MARCO ISLAND FL 33937 A CON'I~.4~TOn'$ ~LOT AU'TO~OIE.~ NON ,OW~ED zio~/95 R15~ HANAGEMEI'I'I COIL!ER COUNTY GOVERNMENT i310'PpORT SERVICES D1VISION PURCHASING DEPARTMENT GENERAL SERVICES BLDG. 3301 E. TA. MIAM1 TRAIL NAPLES, FLORIDA 34112 (941) 774-8425 FAX (941) 793-3795 DATE: February 25, 1997 TO: Prospective Bidders FROM: Gwen Butler, CPPB, Senior Buyer ~~ RE: RFP #97-2646- "Tigertail Beach Food amd Beverage Concession" The Board of County Commissioners, Parks and Recreation Department, Public Services Division, desires to receive proposals for the above-referenced services. Please refer to the Public Notice contained in the enclosed .proposal package for the time and date of the Pre-proposal Conference and the closing date for this RFP. If you have any immediate questions regarding the s~ecifications ,Dr intended work, you may contact Mr. Gary Franco, Parks Superintendent at 941/353-0404. If you have any procedural questions, you may contact me at 774-8425. Ne look forward to your participation in this RFP process. /qb CC: Gary France. Parks Superintendent, Parki & JUL 2 _ .. Request for Proposals ff97-2646 "Tigenail Beach Food and Beverage Concession" TABLE OF CONTENTS Notice of Public Proposal Evaluation of Proposals General Conditions and Instructions to Proposers Scope of Services General Requirements Insurance Requirements Professional & Qualifying Information (Questionnaire) Proposer Check List Contract Proposal Form Non-Propo~er's Response PAGE NUMBER 4 5 6 7 10 11 12 - 15 16 - 17 18 19 20 21 - 22 (i) JUl. 2 9 1997 Rcqucs! ['or Proposes #~7-2646 'Tigon. ail Beach Food and P~vcragc Concession' NOTICE OF PUBLIC PROPOSALS Pur.~uant to approval by the County Manager, Sealed Proposals for a Food and Beverage Concession at Tigertail Beach will be received until 3:00 p.m. on March 28, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples Florida 33952. ' A non-mandatory pre-proposal conference will be held on March 13, 1997 at 10:00 a.m. at Tigertail Beach, Hernando Street, March Island, Flo:zida All proposers must complete the enclosed forms requesting pertinent information relating to the operation of a food and beverage concession. The submittals will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Additional copies of specifications will be available from the Purchasing Department in General Services BuildinG, Collier County Government Complex, Naples, Florida 34112. ' Proposal Security Ali proposals shall include a proposal security which may be in the form of a cashiers check or o'~her acceptable form of monetary security in the amount of Five Hundred Dollars ($500.00). Performance Bond The successful Proposer shall be required to furnish a performance bon.J in the amount of Five Thousand Dollars ($5000.00) which shall be required prior to the signing of the Agreement and shall be in faithful observance of this Agreement. The Performance Bond shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its pla.re of business in the State of Florida. Further, the said surety or insurance company shall De duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Pewer of Attorney. Rcclucsl for Proposa]~ #97-2646 'Tigcnail Beach Food and Bcvcragc Concc$~ion' ~STRUCTIONTP__O__~Q~ Collier County, in a program to provide food, items to the citizens and visitors of Collier qualified concessionaire. beverage and sundry County, is seeking a EVALUA_ _~ON OF__PROPOS~ . SELECTIO~~ The general Contract Terms and Conditions set forth criteria which will be used in the receipt of proposals and selection of the success- ful firm. In addition the criteria set forth considered. ' below will be A Selection Committee, appointed by the County Manager, will independently evaluate each prcposal, and selection will be made on the basis of the criteria listed below: 1. Answer Al~u~.o__ns on RF~: Proposer shall answer all questions on the "Proposers Qualification Form" as well as provide all informasion requested cn Page i1 Scope of Services, paragraph ~itled Concession Operation. A Firm answering all questions and providing detailed information shall receive a maximum of ten (10) points. Ql4__alifi~ and ExperinD-q~ig-~Aii-~ a Concessio~ Rating shall be based on infcrmation provided on experience in the operation of a Fccd and beverage concession Concession. A firm who has direct experience with this type of service shall receive a higher rating than a vendor who, for instance, who has worked in a food management operation (maximum of 25 points). ~-DJ-r~]~! C_QQD_p_~_~_~ Cl_a_ri__%y_a_~_nd_~~~ropQD_~: Rating shall be based on overall completeness and clarity of proposal. A proposal that clearly indicates past experience, similar contracts that are now in effect, proposers proposed method of eperation to include sketches of any improvements that may be made and references shall receive'a maximum rating of ten (10) points. ~er-g-~tl]2~-='~e~~red: Each proposal shall include the percentages offered or the minimum monthly ~aarantee. The percentages shall ]De compared to the otker prcposals. The vendor who offers the ]nighest percentages/minimum monthly guarantee shall receive a maximum of 25 points A proposer who offers lower percentages ~:~,a~J. receive correspondingly less points. ~-¢-P-~: A sample of the vendors monthly report of activities ~hall be submitted along with the proposal. Rating shall be based on information contained within report, ease of use, and the rating shall be worth a maximum of five (5) points. Parc ~ ~a~c ~o o~%~ '~n~or's p~opos~ plans. T~e plan ~a~ is mos~ advantageous to Coi!ier County snail receive a maximum ratinq o~ 25 points. Collier County procedure for selection is as follows: 1. Request for Proposals solicited. 2. Receipt of Proposals. 3. The County Manager shall appoint a Selection Committee to pre-qualify all Proposals submitted. 4. The committee members shall score each Proposal in accordance with the rating attached, and may, at their discretion schedule presentations from the top-ranked firms. ' 5. The committee members will rank qualified firms and begin negotiations with the top-ranked firm. Should Collier County be unable to negotiate a satisfactory contract considered to be the most qualifled at a price the County determines to be fair, competitive and reasonable, negotiations shall be formally terminated and negotiations undertaken with the second most qualified firm. Failing accord with the second most qualified firm, the County shall terminate negotiations, negotiations with the third ranked ~irm. and undertake Upon the successful completion of negotiations, a Contract shall be drawn up for final approval by the Board of County Commissicners who may request a presentation by the top~rank,%d firm(s). Request for Proposals f97-2646 "Ti~¢naii Beach Food and Bcvcragc Concession' GENERAL CONDITIONS AND I_NST___RU_~TION~~ PR__~0P~AL SUBMISSION: The procedure outlined in the Notice of Public Proposal must be followed. Proposers must submit the proposal together, with the forms entitled, ,,p · Information,, and Contract Proposal. rofesslonal and Qualifying Submit the original and five (5) copies of the aforemen · documents to the Purchasina Dir ~. and submitted in a ~-~ .e,tor, the original si~ . ., tloned sha] ~ ~ - ~==~=u package alon~ ~:,~ _~ ~ ~,~_u in blue ink .z De snow-n the na2ne of t= u -x=~ ~z~ copies, on which numt,er and title on the outsi~:e_~r~°set' proposal opening date, RFP ~ u~ ~ne proposa~ package. The proposer should retain one copy of the proposal. Whether forwarded by mail or personally delivered, the above-mentioned envelope must be received by the Office of Purchasing Director prior to the date and ti~e stated in the Advertisement for Proposals. The County assumes no responsibility for proposals received afte due date and time, or at an specified he~ , . Y office or 1 .... ~-- - ~ r the mishandlin~ ~'_ ~ whether due to mail d~%~zun otqer than that ...~ ~ =, ~m~n~ weather or ~n .... ~ Y~, courier mistakes, ~x~ De returned, unopened n~ .~ ~ u~h.r reason. Lat- ~ ---' ~'~ ~ not b~ ~-~- _ _ ~ - ~zuerea tot award. ~E__Q~RED DOCUMENTATIOn{: Failure , evidence of appropriate in .... to execute a Contract. ten {10) days after w-~-~zanc~ coverage, as provided he~,~_ ~c~n notice of award has ~ .... : ~=~, 3ust cause for the annulment of the award and the forfeiture of the .... , 9zven, shall be RFP Security to Collier County, which forfeiture shall be considered, not .as a penalty~ but as a liquidation of damages sustained Award may ':hen be made To the next-ranked responsible bidder, or all bids ir,ay be rejected. ' P-~RO-P-~fLSAL FO.R~=: Each proposer must submit the completed Proposal Form included in this Request fcr Proposal· $~NGLE PROPOSAL: 0 --~ ~- . nly one proposal from a leeaI entity will be considered If it · is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. ~L~-q~_P__R_Q_~_QSA__~L: When required, prices shall be stated in both words and figures in ~he appropriate places in the Proposal Form. In the event that there is a discrepancy between the price written in words and the price written in fieures, the former shall govern. Request for Proposals//97-2646 'Tiger-tail Beach Food a~d Beverage Concession' QUkLIFICATION FOR3~: Each proposer must complete and submit the Professional Qualification Form included in this Request for Proposal. Evidence that the proposer is fully qualified and competent to complete this project is required. Prospective proposers shall disclose any record of pending lawsuits, cr~[minal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Paragraphs 1 th]:ough 7 of the Florida Statutes, and agrees that they will fully co~ply in all respects with the terms of said laws. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-advertise for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. ;uny proposal which is incomplete, conditional, obscure or which c'oEtains irregularities of any kind, may be cause for rejection of the prcposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County Contract, the County reserves the right to accept the proposal of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. PROTECTION OF RIGHTS OF COUNTY: The County reserves the right to include in any contract document such terms and conditions as he deems necessary for the proper protection of the rights of Collier County. INTERPRETATION OF PROPOSAL DOCUMEh~T$ A}~ ~NVESTIG6TION OF ~ROJECT: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director, if necessary, to all prospective proposers before proposals are filed with the Board of County Commissioners. The County Manager will not be responsible for oral interpretation given either by himself or members of his staff; the issuance of a written addendum being the only official method whereby such interpretation will be given. Pa~ 9 Request for Proposals #97-2646 'Ti~,crt~il B¢~ch Food and B~vcragc Concession" WI'~PrDRAWAL OF PROPOSAL: No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Pu:~chasing Director prior to the time set for the opening of proposal, or unless the Purchasing Director fails to accept it within sixty (60) days after the date fixed for opening of proposal. PROTEST PROCEDURES: ~y actual or prospective respondent to an Inspiration to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest w[~h the PuYchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. Ali such protests must be filed with the Purchssing Director no later than 11:00 a.m. Collier County time on thc advertised date for the ope:ling of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Aany actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing cf said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. EXPENSES INCURRED IN PREPARING PROPOSAl: The County accepts no responsibility for any expenses incurred in the proposal, preparation and presentation, such expenses are to be born exclusively by the proposer. L__QjlBY~G: All firms are hereby placed on ~;OTIC~ that the Board of County Commissioners Goes not wish to be lobbied. .either individually or collectively. .about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact ,nen~ers of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, frPB p_l~)~l closin~ tD~fiRal DoazO approva__~, no firm or their agent shall contact an}' other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may se~;e as grounds for disqualification for award of thi~ contract to the firm. .IUL 291997 ~-- Pa~e 10 Request for Proposals #g7-2646 "Tigertail Beach Food and Bcvera~;e Concession" TErmINATION: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ~:FORMANCE BOND: The proposer agrees, should he/she be successful in award, to furnish the County within ten (10) consecutive calendar days after written notice of award has been given, a Performance Bond in the amount of Five Thousand Dollars ($5,000) or any other term of surety executed with a surety insurer being an approved reputable and responsible firm licensed to do business in the State of Florida to gusrantee the faithful observance of this contract in strict accord with the Contract Specifications and other documents. All performance security shall be continued to a minimum of six (6) months past the completion of the project under this contract. Each proposal shall be accompanied by a Five Hundred Dollar ($500.) RFF security in the form of a cashiers check, bid bond, irrevocable letter of credit, cash or other form of security authorized by the Puzchasing Director. Collier County reset;es the right to reject any and. all security tendered to the County. RFP security will be returned within thirty (30) days after Collier County and the accepted proposer have executed a written contract. ADE.ITIONAL INFO93~ATION: Other than minor procedural matters, q~estions regarding this proposal must be addressed to: Mr. Gary Franco, Parks Superintendent Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Telephone (941) 353-0404 P~ge 11 Request for Proposals #97-2646 "Tiger~.;l Beach Food and Beverage Concession' scoPE oF SERvI~ Introduction Tigertail Beach is located on beautiful Marco Island at Hernando Street off of Tigertail Boulevard. The beach facility includes a snack bar and picnic area with grills. There are beach chairs, sailboats and aqua cycle rentals located at the beach facility. The beach is open sunrise to sunset. There are approximately 450,000 annual visitors that utilize the snack facility at this location. The County is looking for a Concessionaire to provide a food, beverage and sundry concession operation at the above location. The County shall provide the Concessionaire with a mobile concession building equipped with basics for operation. A deck area is available for table and chair placement. Hours of Operation During the term of the Agreement the concession operation shall be open and properly staffed seven (7) days per week, with appropriate hours to serve the general public of Collier County. All scheduled hours of operation must be approved by the Director of the Parks and Recreation Department. ~9[~ession_QpCration Th~ proposer shall provide a narrative fully describing his/her pro.posed operational concept, financial commitments and pi. ann in re~ard to the operation of the facility. Proposals for operations and any' capitol improvements shall, at a minimum, include the following: a) b) c) d) e) f) g) h) Hours of operation; Proposed Staffing levels; Provide a chart outlining all services to be provided and the timeframe for each service to be fully operational at the concession site; Indicate the amount of capital funding that will be provided by the concessionaire and the source of this funding; Provide a fee schedule for products and services that will be sold to the public; Provide resumes for all persons who wJli be involved in the business and actual operation of the concession; Provide at least three (3) references (name, address,~ telephone number) on comparable concession operations} ~st~}~,~ services provided for this concession operation; { ,{~'~i~igi~~:~{ O Provide a list of similar contracts that are currentl~ i~,_ ,..,~-- I effect. [ ~'--=-~--- J Requesl for Proposals #97-2646 "Tigertail Beach Food and Beverage Concession" GENE P. AL REQUIREMENTS ~JRPOSE O__F AGREEMENT: The Agreement shall be for the sole purpose of operations, management of a food, beverage, and sundry concession operation. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. SIN PAYABLE TO COUI~Y: The Concessionaire shall pay to the County a stated percentage of gross receipts. Said rental percentage shall be ps. id to the County by the 15th of each month for the preceding month, aE.d said payment shall be accomp@nJ.ed by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive the rental amount asn_~", free and clear of all costs and charges arising from or relating to said demised premises. GROSS RECEIPTS: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his Agreement or other document entered into with the Count},, excluding amounts of any Federal, State or City sales ~ax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. AUI)ITING OF ACCOUNTS: The Concessionaire shall, upon demand, make available locally, books cf account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. PER}{!T~ L1CENSES AI~ TAXES: The Concessionaire shall be required to obtain and pay for all necessary licenses required for this operation (occupational license, health permit, etc.). He shall be solely responsible for payment of any and all taxes levied on his operation. APPEARANCE OF PREMISES: The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the facility. No signs or adw~rtising shall be placed on or around the facility location unless first approved by the Director of Parks and Recreation or his authorized representative. Concessionaire shall make available a].i areas under his control for examination at any time by the County Manager or his authorized representative. ~MPI,OYEE QUALIFICATIONS: The Concessionaire shall employ people to work at this facility who are literate, neat, clean, well-groomed and courteous and wear a uniform of the company. Request for Proposals #9?-2646 'Tigertail Beach Food and Beverage Conc~:ssion' ~?ERM OF AGREEMENT: The term of the Agreement between the County and the successful proposer shall be for a period of five (5) years from the date of approval by Collier County's Board of County Commissioners and shall be renewable upon satisfactory performance by the Concessionaire for a period of five (5) years under the same terms and conditions, subject to approval of the Board of County Commissioners. The County shall give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the existing Agreement. The Concessionaire must notify the County of his/her intent to accept the Agreement extension not less than sixty (60) days prior to the end of the existing Agreement. CASH REGISTERS: The Concessionaire must use point-of-sale electronic cash machines or ocher electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be m~intained and made available upon demand during the entire term of the Agreement with Collier County. Ail electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. Ail sales must be accompanied by a receipt to the CUStomel. OPEP~TIONAL CONCEPTS: The successful Concessionaire must obtain written approval from the Director of Parks and Recreation or his authorized representative for any and all changes in operational concepcs as set forth in his Proposal PA'~4ENT OF UTILITIES: The County shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity during the term of the Agreement. Any utnlities that are for the benefit of the Concessionaire shall be paid by the Concessionaire. i.e. telephone. F~INTENANCE AND REPAIRS: The Concessionaire shall, to the satisfaction of ~he Director of Parks and Recreation or his authorized representative provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus prov%ding for the comfort and safety of visitors and patrons. SE_~_URITY: The Concessionaire shall provide any security measures which may be required to protect his/her area and his/her equipment, materials and facilities. Reques! for Proposals #97-2646 'Tiger~ail Beach Food and Beverage Concession" ~_~ASH, RUBBISh_ ~ GARBAGE REMOVAL: The County will provide all garbage, trash and rubbish receptacles within the confines of his area. Dumping of receptacles and removal of trash, rubbish and garbage shall be the responsibility of the Concessionaire. The Concessionaire agrees to perform daily removal of litter by 9:00 a.m. except in the immediate beach area. This includes parking lots and exterior area of concession. The County will supply a dumpster for removal of trash. ~ESTROOM CLEANING: The concessionaire shall be responsible for daily cleaning of restroom areas. The cleaning of restrooms shall be accomplished no later than 9:00 a.m. each morning. Supplies such as, toiler paper, paper towels, etc. shall be supplied by the County. ASSIGN-MENT OF CONCESSION AGREEMENt: The Concessionaire shall not, at any time during the ~enure of the Agreement, sublet any part of this Agreement cr assign any portion or par~ of it, except by virtue of written permission granted by the Board of County Commissioners. NC)N-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age cr national origin in the operstions referred to by t~is Management ©perasions Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation o~ the premises. All facilities located on the premises shall ~e made a~ailable to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for safety, orderly operation and security o~ the facilities. EQUIPMENT: The Concessionaire must provide an~ maintain, at his own ex.per]se, all equipment required to operate tko Tigertail Beach Co:ncassion. The ConcessicnaJ. re shall bare the right to use County eq~]i~ment, furnishings and fixtures that may be presently used in conjunction with tko operations. Any equipment that is lo~t, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of abe Aqreement, the Concessionaire shall q~:ietly and peacefully, redeliver said inventory to ~be County. FACILITIES: The Concessionaire accepts the facilities and space provided that is available and is responsible for all interior modtifications and maintenance. This shall include entrance doors, windows and screens. The Concessionaire shall obtain the County's concurrence for any alteration of the physical facilities and then pay for such modifications, which shall become County assets upon completion. Detailed plans for leasehold improvemcnts shall be submitted to the County within sixty (60) days following the signing of this Agreement. t pa~¢ 15 Request for Proposes #9?-2646 'Tiger~ail Beach Food and Beverage Concession' REPORTS: A monthly report of activities submitted to the Parks and recreation Department by the 15th of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, as a minimum, shall include hours of operation, daily attendance fi!~ures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. PUBLIC USE OF FACILITIES: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to th(~ Director of Parks and Recreation Department for the satisfactory and courteous operation of his concession. Nothing in this Agreement will preclude the County from using the Public areas for public and/or civic purposes as deemed necessary. ¥O%/~'AGERIAL SERVICES: The Concessionaire shall have an experienced manager or managers overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Department. ~VERTISING AND SIGNS: The Concessionaire shall provide, at his sole exp~nse, required signs at all public approaches to the facility. All signage, advertising and posting shall be approved by the Director of Parks and Recreation or his authorized representative. CLOSURE OF FACILITIES-LOSS OF EQUIPMENt: If closure of the facilities or ].oss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, str]kes, acts of God, etc., the County will allow pro-rata adjustment of monthly payments up to the time the damage is repaired or other circumstances return to normal. . Ut 2 % s97 I Request for Proposals #97-2646 'Tiger',ail Beach Food and Beverage Conc.4:ssion' Collier County Florida Insurance Requirements page 16 INSURANCE TYPE REQUIRED LIMITS Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. _ 7.__ 2. Commercial General Bgdilv In4ur¥ & Property pamaq~ Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting $ 500,00Q Single Limit endorsements. Per Occurrence 3. Indemnification: The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not ke limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first Ten dollars ($10.00) of money received on the contract price is considered as pa~nent of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. ~ 4. Automobile Liability $ ~00,0~0 . Each Occurrence Owned/Non-owned/Hired Automobile Included _~_ 5. Other Insurance as indicated below: a) Professional Liability $ L___._'-A%~'~'~'~ ~'-- ] "°'~ I JUL2919S7 ~ L Reques~ for Proposals ff97-2646 'Tigeru. iJ Beach Food a~d Beverage Com~.ssion' COLLIER COUNTY FLORIDA INSURANCE REQUIRF2~ENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. Collier County Board of CounTy Commissioners shall be named as the CerTificaTe Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Bcard of County Commissioners Naples, Florida No County Division, Department, or individual name should ~ceDtable.appear on the Certificate. No ~her ~Qrma~ will be Thirty (30) D~y~ Cancellation Notice required. The Cer~if<cate must state the Bid Number and Title. BIDDERS ,~2'~D i~;So.'P~NC.E Af]ENT STATEMENT: We un~ers~a~d tke insurance requirements of these specifications and that the evidence of insurability may be recruited within five [5) days of the award of bid. Bidder Insurance Agency '" WE ARE CURRE~Cf'LY I~I$~RED AT THIS LOCATION. COVERAGE IS THROUGH 4/20/98 Signature of 9idd~r Si~ature of Bidder's A~ent INSURANCE CERTIFICATE ON FiLE WITH COLLIER COUNTY. (16) Re,'?~t for F'ropcv',ah ~F/-2646 'Ti.~cr. ail 8each F.,~:d a~ Bcvc~c Coa:cssiou' BIDDER QUALIFICATION FORM Name: COOL CONCESSIONS INC. Address: _909 COLI. IER C©IIRT City: MARCO ISLAND ., State FI. ZIP ~414% Telephone: (941__) 642-0004 F~C ~umb.: (941_.) 642-00F4 TYPE OF CONCESSION EXPERIENCE - (food management operation, Concession e~>erience, etc.) : Food & Beverage, Beach Rentalr Oil & Gast Bait & Tackle Resta.rant ** ~P~ ~xp-riencm t ~l~Fications (enclosed TYFE OF FIRM: X Corporation/Years in Business: 6 Partnership/Years in Business: Sole Proprietorship/Years in Business: QFFICEE~3PARTNERS OR OWNERS & EXPERIENCE1 Years of Experience ~ame Douqlas Herbst Title pr.~i,~.n~ in Work Lis~d 20 Todd Herbst V-Pre~idg~ ]5 Gary Ellsworth ~e¢./ Trea. ~ REF~:RENCES: Bank(s) Maintaining Account(s): ** See enclosed reference Surely/Underwriter: (if required) N/A Suppliers: Other References: ** $~ .gc!csed refercnco~ (17) Request for Proposals ~'97-2646 'Tigeruil Beth Food ~nd Beverage Coocessiou' BIDDER QUAJ~IFICATION FORM (Continued) O~.~E R INFORMATION: Are there any judgrnents0 claims or suits pending or outstanding _bY or aoain~ you? [_] Yes [~] No If the answer to ¢~cher question is yes, submit details on separate sh,)et. List all lawsuits that have been filed by or against your firm in the la:~t five (5 years: NONE Pu::suant to information for prospective bidders/propcsers for above mencioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to pe~Fform the type and magnitude of concession intended, and further, guarantee the truth and accuracy of all statements herein made. We wi].l accept your determination of qualifications without prejudice. The surecy herein named, or any other bonding company, bank, subcontractor, supplier, or any other persons, firms or corporations with which we have ~one business, or have extended any credit to us are hereby authorized to furnish you with any information you may re¢~est concerning our organization including, but not limited to, information concerning performances on previous work or credit standing with any of them. We here release any and all such parties from any legal responsibility whatsoever of having furnished such information to you. (18) J .,UL~ Request for ProposaJs ~'97-2646 'Tigenail Beach Food and Beverage Concession' THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department I M P O R'I' A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal PROPOSER CHECK LIST Bidder should check off each of the following items as the necessary action is completed: 1. The Proposal has been s~gned.c .- 2. The Proposal prices offered have been reviewed.~.-/'~ 3. The price extensions and totals have been checked.' 4. The payment terms have been indicated~. -~' 5 Any required drawings, descriptive literature, etc. have been included.L 6. Any delivery information required is included.~-~''' 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. I '/ 8 ~-- · adden:~u'-' have been signed and included.L~.-- 9 maiiing em.e.ope has been addressed to: Purchasing Oirector ~card of County Commissioners General Services Bldg. Co{lier Count, Government Center 3301 Tamiami Trail E. Nap!es. Florida 34112 10. The mailing envelope must be sealed and marked with: Proposal number Proposal ~Ue Opening da;e 11. The proposal shall be rna,led or delivered in time to be received no later than the specked opening date and time. (O[h,¢rwise proposal cannot be considered). ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITL:E ON THE OUTSIDE OF THE COURIER PACK~I', COOL CONCESSIONS INC. Signature & Title HARCH 24r 1997 Date (19) --Agen ] JUL 2 9 1997 ?- _J Rcqucsl for ?~oposal$ ~'97-2646 CONTRACT PROPOSAL Pa~,~21 BC)ARD OF COUNTY COMMISSIONERS Collier County Courthouse Napies, Florida 33962 RE!: Request for Proposals #97-2646 - "Tigertail Beach Food and Be',erage Concession" Dear Commissioners: Th,.~ undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the services of a corcessionaire to provide a food, beverage, and sundry concession operation. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. Percentages: An amount equal to the indicated percentage of all gross receipts (except sales tax), or the minimum monthly guarantee in a dollar amount whichever is greater, derived from the operation of said concessions payable monthly as follows: $ % or Monthly Addenda Received # # # # .~HI 2 g 1997/ Request for Proposa. ls .tt9'7-2646 'Tigertail Beach Food a. nd Beverage Conces,don' It is understood by the proposer that the County reserves the right to reject any or all proposals, to waive formalities, technicalities and irregularities, and to re-advertise. The proposer further understands that the County retains the right to withdraw all or any p,'~rtion of County property thereto from terms and conditions of the Concession Agreement upon giving the concessionaire ninety (90) days written notice. COOL CONCESSIONS INC. Proposer's Firm or Legal Name Partnership, sole p, (Circle one) Phone No. (941) 642-0004 909 COLLIER COURT Address MARCO ISLAND, FL 34145 City and State Zip ~'~ DOUGLAS HERBST, Typed and Written Title PRESIDENT (21) Reques~ for l~,opos~ls #97-2646 'Tigertail Beach Food ~ Beverage Co~c. ession' NON-PROPOSER'S RESPONSE Page 23 For purposes of facilitating your firm's response to our RFP invitation, we are interested in ascedaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Mrs. Gwen Butler, Senior Buyer, Collier County Purchasing Depadment, County Government Center, Building "W", Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: otate, ZIP: City, "' Phone ( ) By: FAX Signature of Representative EXECUTIVE SUMMARY RECOMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE AWl'ACHED BUDGET AMENDMENT TRANSFERRING FUNDS FROM PEILqONAL SERVICES TO CAPITAL IMPROVEMENTS IN FUND 111, IMMOKALEE / EVERGLADES MS'rD. Objective: 73.at the Board of County Commissioners approve the anached budget amendment transferring funds in the Personal Service appropriation to the Capital Projects appropriation in Fund 111, Immokalee Everglades MSTD. Considerations: Funds budgeted for personal services in the Immokalee area have not been spent this fiscM ye~ due to '&¢ vacancy of several positions throughout the year. $40,000 has I;een saved since the Personal Services Forecast 1997 was submined to Budget. This money is available to complete capital projects that need to be addressed in the area. Two projects that ~e Department recommends be approved are the following: 1. Install new play equipment at the Immokalee Airport Park. The current wooden play equipment is old and several pieces have been removed as it became a safety concern for the users as well as the department. 'D:e project ~vill co~ an estimated $20.000. 2. Repair the guard rails at the Lake Trafford pier. The project will cost an estimated $20,000. The estimated cost to compiete these projects is $40,000. Fiscal Impact: The attached budget amendment in the amount of $40,000 transfers funds from 111 Personal Services to 111 Capital Improvements-General. Funds are available in the amount of $40,000 due to the difference in the Personal Service Forecast 1997 appropriation and the actual amount needed to support the remainder of the fi~al year. Growth Management: Both the Immok~lee Airport Park and the Lake Trafford pier are inventoried in the Collier Coonty Grov,'th M~agement Plan. Recommendation: Tidal ~e Board of Count~ Con.~missioners approve the at~ached budget amendment transferring fiands from Fund ! 11 Persorml Service to Fund 111 Capital Irnprovements-General in the mmo,mt of $40,000 to make improvements at the Lake Trafford pier. and Immokalee Airport Park. Prepared by: Date: ~ ~/-ff.~ Mu~do Smith, Recreation Manager ~ Departmen: of Parks and Recreation Approved by: ?.,4arl?a Rmn.~y, Director / ' Department of Pa~'~ and Recreation Reviewed av.~ ~~{~}~_..~~___ Approved by: Thomas W. ,Ojli.ff.,. A~d~ator Division and Public Semces Date: 1'~)'7~~ Jtll'~'o BUDGET AMENDMENT REQUEST I FUND TITLE IsttS'TD General Fund FUND NO. i i 1 Date prepared: 7-9-97 AtI.~Ch BCC Agenda date Item No. i f previously approved. EXPENSE BUDGET DETAIL [Recreafion,rMSTD Cost Center Title 1 1.56343 Cost Center No. I Project Tree Expenditure Expenditure Increase C~arre~ R~i~ed Object Code Title (Decrease) B~lg~ 513100 Other Salaries ( 40,000) 193,200 153,200 ll'arks~lSTD Cost Center Title TOTAL (40,000) '0 ] I5633,~ none [ [Project No. Cost Center No. [ [Project 'ritle [E_xpenditure Expenditure Title- Improvements General [(~e) I[Budget 40,000 114o,ooo TOTAL 40,000 J U L 2 9 1~? Cost Centcr Title Cost Center No. Project Title Project No. ' Revenue Revenue Title Increase Current Revised I Object Code (Decrease) Budget Budget EXPLANATION Why are funds needed? To make necessar3' improvements to park facilities in the Immokalcc Area. Whcre are funds available? Funds are available from savings in other salaries & wages due to positions not being filled at beginning of the fiscal year. REVIEW PROCESS bivision Admin~tnto~ / Ageo~ Man~.ge~ Finance Depa~ment: Clerk of Board Admin.: Input by: B.A. No.: DATE Agend0. It~?x ~ JUL2§lg~7 ~ ~XECUTIVE ~,*(~lkRY AU=HORIZI~4G CONTINUATION CONTRACTS BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGI~G FOR BOUTHWEST FLORIDA, INC. FOR SERVICES TO THE ELDERLY OBJECTIVE: The Services for Seniors Program requestz Board authorization and signature on continuation contracts of Community Care for the Elderly [CCE], Home Care for the Elderly [HCE] and Alzheimers Disease Initiativ~ [ADI] grant contracts. CONSIDERATIONS: As Lead Agency for this County, Services for Seniors has administered CCE, HCE, and ADI State grant programs annually for approximately 375 Collier elders. Current qrant contracts expire 8/1/97. Contracts that await Bo~rd signature ~iil continue these programs through 6/I/9~. The Co~unity Care for the Elderly Grant furnlshe~ $188.024 for direct case management, medical tran~portatlon and adn. inistrative management of contracted clJ.emt servica prevision. Home Care for the Elderly supp!le~ indigent, impaired County residents who require 2~ hour in-home care with a sup~].emental car~giver pay~ent. HCE clients may also be eligible for reimbursezant of consumable medical good~ and out uf pocket medical ezpenses, Fund!::g ].~vel~ fol this program are $30,479 for case m~ag~mant s~rvtces and a %oral of $105,094 for the ~upplemeptary payments. Alzheimer Disease initia=iv- grant fund~ aupply iimitmd direct case managmm~nt and a~mJn~.~tratlon of $62,278 for client group and in-home respite services. None. FI~.C}J~ IMPACT: All County matching fund.~ are included in this department's approved 97 -98 budget. Community Care for the Elderly cash match is $26,422. Alzheimer Disease Initiative and Home Care for the Elderly programs require no match. [JUL 29~7 RECOM~ENDATIONS= That, subject to legal approval, the Board of County Commissioners authorize and sign contracts for the Community Care for the Elderly, Home Care for the Elderly, and Alzheimer Disease Initiative continuation contracts for the 1997-98 contract year. /~_an~i E. Lochner Seniors Priam Supervisor Approved by: ~artha Skinner Social Services Director Reviewed Approved by:~' f~ -Tom Olli ~ Public ServiCes Administrator Contract No.~£ 030.40.97 TH~S CO~TT~%CT is entered into between the Amea Agency on Aging for Southwest Florida, Inc., hereinafter referred to aa the 'agency', and the ~er ~14~, hereinafter referred to as the 'provider'. Th,. l~artiea agr*m: X. ~r~vi~r Agrees: A. The Service 2rovider Application of ~rd of for the Mo~ Cate for the Elderly funds for Augua~ 1, 1997 =o June 30, 1998, and any revisions %hereto approved by =he a~ency and located in the agency and the provider, and prescribe the services to be rendered by the provider. The ~rvices will be provided in a ~nner consistent with and described In the Service Provider ~plication for the Home Care for the Elderly funds for August 1, 1997 to June 30, 1998 of ~ollier County ~ner~ and the Depar~en% of Elder Affairs Progra~ and ~ervicea Manual. In the ev~n% th= ~nuA1 is revised, the contract will incorporate a~y s~]ch revision a~d the provider will be given · copy of the revi~ion. Fe~r&l Lawl ~d ~lations: 1. The provider shall co~ly ~i~h =he provimions of 45 C~., Par~ 74, and/or 4~ CFR, p,rt 92, a~d o~hez regula=icns, i~ 2. Ihe provide~ shall c~ly wi~h =he pzovi~ions cf the U.S. of ~bor, Oc~pa%icnal ~afety and Mealth ~ni]trltlon {OS~.) c~e, 29 CFB, Part 1910.1030. CAvil ~igbtl The pro.der glvzz =his a~surance In consideration of and for insuraDce or guaranty), proper~y, discounts, or other federml C~liance ~e=tio~aire, ~% fo~ i01 A and B, if service~ axe provided to clients ~nd if fifteen (15) er more pez~onm are e~loyed. The Provider ~ure~ that it will c~ly wi~h: 1. Title ~ of the Civil ~ghta Act of 1964, as ~nded, 42 200~ et ~eq., which pro.bits discri~nation on the basi~ of race, color, or na[ional origin in p=ogra~ and activities receiving UL 2 9_t°97 ~ 08/01/97 Contract benefiting from Zederal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as mm~ended, 29 U.S.C. 79%, which prohibits discrimination on the basis of handicap in program, s and activities receiving or benefiting from federal financial assistance. 3. Title iX of th~ F~ucation Amendments of 1972, as amended, 20 U.S.C. 1681 et s~q., which prohibits discrimination on the basis of sex in ~ducation prograr~s and activities receiving or benefiting from ~ederal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.$.C. 6101 et seq., which prohibits discrin~ination on the basis of age in progr~ or activities receiving or benefiting from federal financial assistance. 5. Sectiun 654 of the Omnibus Budget Reconciliation Art of 1981, as a;~nded, 42 U.$.C. 9~49, which prohibits discrin%ination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and actlvitie$ receiving or ben~fiting from federal financial assistance. 6. The A~ricans with Disabilities Act of 1990, 42 USC 12101, et. seg., whict, prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in en~loyment, public services, and public accommodations. 7. All regulations, guidelines, and standard~ as are now or may be lawfully adopted pursuant to the above mtatutes. 8. The provider shall establish procedures to handle complslnts of disc[imination involving services or benefits through this contract. The provider sh,ll advise client~, employees, and participants of the right to ~i~.e s com~iaint, the right to appeal a denial or exclusion from ~he zervice$ or benefits from thi~ contract, and th,~ir right to a fair be&ring. Com~laints of discrim~nation ln-,olving services or benefits through this contract may also be filed with the Secretary of the agency or the appropriate federal or state agency. The provic'er further assures that all contractors, sub¢ontractorm, ~ubgranteea, or others with whom it arrange~ to provide services will com~.ly with the above laws and regulation,. To s,~bmit bills for fee~ or other compensation for services or eXl~en~ea in sufficient detail for a proper pre-audit and poet-audit thereof. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide unlts of deliverables, including reports, findings, and J U L 2 9 1997 Pg. ,~ -- 013/01/97 Contract No.ktC~ 030.40.97 drafts as specified in this contract and the Service Provider Application for the Home Care for the Elderly funds for August 1, 1997 to June 30, 1998, to be received and accepted by the agency prior to payment. To allow public access to all docuJ~ents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. withholdings and other Benefit~: The Provider is responsible withholding&. for Social Security and Inco~ Tax Inc~emnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28118) Florida Statutes, only number 3 is applicable. Provider agrees that it will indemnify, defend, and hold harmless the agency and/or state and all of the agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or on%i salon by the provider, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except that neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Pzovider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agency and/or scare in the defense and trial of any claim and any related settlem..ent negotiations, shall be triggered by the agency and/or state's notice of claim for indeK~ificaLion to provider. Provider's inability =o evaluate liability or its evaluation of liability shall not excuse provider:~ duty to ~efend and inde~nify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or Judgment after the .highest appeal is exhausted specifically finding the agency and/or ,ta~e solely me~ligent shall excuse performance of thi~ provision by pro.~ders. Provider shall pay all costs and fees re!seed to this obligation and its enforcement by the agency and/or state. Agency and/or state's failure to notify provide~ of a claim shall not release provider of the above duty to defend. Any provider who ia a stat~ agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent ac~s or o.-a~ssions or tortioua acts which resul~ in clai~ or suits against the agency and/or state, and agrees to be liable for any damages proximately caused by said acts or omissions. 'igen t 08/01/97 Contract No. ~E Nothing herein is intended to aa:ye as · waiver of aovereign immunity by any provide: to which sovereign i~w~unity applies. Nothing herein shall be construed as consent by · state agency or subdivision of ~he State of Florid· to be sued by third parties in any matter ·rising out of any contract. The provider agrees is an independent contractor and not an ·gent or employee of the agency and/or state. 1. To provide adequate liability insurance coverage on · com~rehenaive basis and to hold such liability insurance at ·11 times during the existence of this contract. The provider accepts full responsibility for identifying and date:raining the type{s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by self-insurance program established and operating under the laws :f the State of Florida. The department reserves the right to require additional insurance where appropriate. 2, To furnish an insurance bond from a responsible co~mercial insurance company covering all officers, directors, en~Dloyees and ·gents of the provider authorized to handle funds received or disbursed under this contract in an an%ount co~ensurate with the funds handled, the de~ree of risk as determined by the insurance co'PR·nY and consistent with good business practices. 3. If the provider is a state agency or subdivision as defined by section 768.2~, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. pr~vid*A in ~.ction 7~$.28, Florida ,aJ.--use Neglect ~nd ~ploitation R~porting: 1. In co~Dliance with Chapter 415, F.S., ·n employee of the provider who know·, or has reasonable cause to suspect, that · child, ·ged person or disabled &dult is or has been ·bused, neglected, o£ exploited, shall immediately report such knowledge or ~uspiclon to the State of Florida's central abuse registry and tracking system on the single statewide toll-free telephone n~ber (1-B00-96A~U5£). T~ar.~p~r~ion If clients are to be transported under this contract, the provider will comply with the provisions of Cha~ter 427, Florid· Statutes, and Rule Chapter 41-2, Florida A~br.~nistrative Code. purchaaing: 08/01/97 Contract Procure~nt of products or Materials with Recycled Content That any products or ~aterials which are the subject of, or are required to carry out this contract shall b~ procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. A~ required in Section 286.25, Florida Statutes, if the provider ia m nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall in publicizing, advertising or describing the sponsorship of the program, state: #Sponsored by Collier County Board of ~ ' ~ , the ~r~,~_~L~ncv on Aaina for Southwest Flor, t~__~Af~ and the State of Florida, Department of Elder Affairs". if the sponsorship reference is in written material the words "A~ea Agency on Aging for Southwest Florida, Inc. and State of Florida, D~partment of Elder Affairs" shall appear in the same size letters and tylDe as the nan~e of the organization. Uae of Fun~ For 5~bying Prohibi~d: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a Judicial branch or a state agency. Public En%/ty Cr~; ~ni~ or ~tio~ of ~e right ~ A person or affiliate who has bern placed on the convicted vendor list ~ol!owing a conviction for a public entity crime ~y not s~t a bid on a contract to provide any goods or ~erwices to the agency, ~y not a bid on a contract with the agency for the censtruction or repair of a public building or public work, ~y not ~t bids on leases of real prcpzrty to thm agency, ~y not be awarded or perfe~ ~rk mm contractor, suppli~r, subcontractor, or consultant undtr a contract the agency, ~d ~y not transact business ~th ~e agency in exce~s o~ threshold ~unt provided in Section 287.017, Florida Statue-, for ~TE~RY ~O for a pzriod of 36 ~nths fr~ the datm of being place~ the convicted v:ndor list. If the provider is a non-govern~mntal o=ganiz&tion, it is expreaAly understood and agreed that the provider will not kn~wingly ~loy unauthorized alien workers. Such ~lo~n% con~titutes · ~olation of I~gration Nationality Ac~ (I~A), S U.$.C. s.1324 m (e) ("se~on to section 27~(~) shall be 9ro,~ds fcr unilateral cancellation of t~s contrmct. p. Audit~ ~u~ R~o~z~: ,J U L 2 9,..~97 Pg · .___1~ 08/01/97 Contract No.~~ To maintain books, records, and documents (including electronic storage m~dia) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this contract. To assure that these records shall be subject at ell reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as b.! federal personnel, if applicable. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency n%ay require within the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of this contract. To subm/t management, program, and client identifiable data, as specified in the Depsrt3nent of Elder Affairs' Programs and Services Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs Information System Instructions. To provide a financial and compliance audit to the agency as specified in ATTAC~ENT I and to ensure that all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7. This contract i5 funded from a grants and aids appropriation. R~tention of R~cord~: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after terralnation of this contract, or if an audit has been initiated and audit findings have not been resolved at the end cf five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to axe,nine or duplicate any of said records and documents during said retention period or as long as records ate retained, whichever is later. ~n/toring: To provide progress reports, including data reporting requirements as specified by the agency. These reports will be used for monitoring progress or performance of the contractual services as specified in the approved MoT~e Care for thc Elderly Service Provider Application for August 1, 1997 to June 30, 1998. JUl. 08/01/97 2o Contract No.~k~ To perrait persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the agency within the tithe set forth by the agency, or provide the agency with a reasonable and acceptable Justification for the provider's failure to correct the noted shot%eom/age. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or Justify within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or %efTa ina%ion of this contract. Safeguard/ng Information: Not to use or disclose any information concerning a recipient of services under this contract for any purpose except upon written consent of the recipient, or the recipient's authorized representative. As sigrumant~ and Subcontracts: 1. Agency approval of the provider's Service Provider Application for the Home Care for the Elderly funds for July 1, 1996 to December 31, 1996 shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the approved provider Service Provider Application. No such approval by the agency of any assignment or subcontract shall be de=~ed in any event or in any manner to obligate the agency beyond the total dollar amount agreed upon in this contract. All such as$ignn~nt~ or subcontracts shall be subject to the conditions of this contract and to any conditions of approval that the agency 5hall deem necessary. 2. Unless otberwi~u &tared in the con%tact between the provider and 3ubcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven working days will result in · penalty charged ·gains% the provider and paid to the subcontractor in the amount of one-half of one percent of the o~un% due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to ac%ual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. 1. ]~quest for To subndt the final request for payment to the agency no more than forty-five (45) days after the contract ends or is te~,~nated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid .o. / ~ ~¢? ? JUL 2 g Pg · ...._....~ 08/01/97 Contract time period. Any payment due under the terms of this contract may be withhel~ until all reports due from the provider, and necesaary adjustments thereto, have been approved by the agency. A final receipt and expenditure report ·s · closeout xeport will be forwarded to the agency within sixty (60) days after the contract ends or is terrain·ted. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the agency · long with the final receipt and expenditure report. v. R~ turn of To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terln~ of this contract that were disbursed to the provider by the agency. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such · finding. Should repayment not be made in · timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of notification or discovery. II. Th~ A~ency A~;rees: A. RaW &gr~e=~nt Amount: To pay for servicer identified in Section i.A. of this rate a~reemmnt and Attachment II at the rate(s) atipulated below, in an ~nount not to exceed $25.974.47, subject to the availability of funds. The State of Florida's performance and obligation to pay under thia rate agreement is contingent upon an annual appropriation by the Legislature. The costs of ·er-vices paid under any other rate agre~aent or from any other source are not eligible for reimbursement under this rate agre~meflt. Case F.*nagement $30.9t 993,50 Contract Payment: JUL~ 08/01/97 Contract No. HCE 030.40.97 Unless otherwise ,tared in the contract between %he agency and provider, payments made by the agency to the provider must be within seven wcrking days after receipt by the agency of full or partial payments from. the DepartJ~.ent of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the agency and paid to the provider in the an~unt of one-half of one percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent of the outstanding balance due. C. Ven~r A Vendor Ombudsman has been established within the Agency of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problem~ in obtaining timely payment[s) from a state agency. The Vendor Ombudsman ,nay be contacted at (904) 488- 2924 or by calling the State Comptroller's Hotline, 1-800-848-3792- III. Provider mJ%d A~enC~~ Mutually Effectiv~ Date: 1. This contract shall begin on August 1, 1997 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1998. 1. This is an advance and cost reimbursement contra ct. All for payment and expenditure reports submitted to suppert requests for pa~ent shall be on ~ fo~ 106H a~d 10SM. ~pllcation or replication of both fo~ via data processing equipment per~ssible, provided all data elements are in the ~mme fo~t included on agency fo~. 2. The provider may reque=t a monthly advance for each of the three months of the contract period, based on anticipated cash needs. D~tailed documentation Justifying cash need~ for advances must be ~intained in ~he agency file. ~1 paint re~es=s for the fourth through %he ~lx=b ~nths ~hmll be bmsed on the s~ssion of monthly actual expenditurz raport~ begi~ing ~th the firzt ~nth of the contract. The schedule for sub, salon of advance re~ssts ~ to thi~ con=tact. RecoDciliation and recouping of advances ~de under thim contract are to be co~leted by =he ~lme the final paint is ~de. ~1 advance pa~ents are s~Ject to the avai!abiliry of fund~. 3. Advance funds ~Y be t~orarlly inve~ted by =he provider insured interest bearing account. ~1 interest earned on contrac~ f~d advance~ mu~t be returned to the ,gency witch thirty (30} days of the end of the first quarter of th~ contract period. 4. The provider ~Y re~e~t extraordinary cash in edition to the above JUl 08/01/97 Contract No. ~_~ advance rec~uests in accordance with DOEA Ax~,~inistrative Memorandum Nu~er A0012. Policy Any payment due by ~he agency under the ternm of this contract be withheld pending the receipt and approval by the agency of financial ·nd progranT~atic reports due from the provider and adJustnnenta thereto. C. Tarquin&finn: 1. Termination at will This contract may be term/hated by either party upon no less than thirty (30) calendar days notice, without cause, unless · lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person %,ith proof of delivery. 2. Term/nation Because of Lack of Fund~ In the event fund~ to finance this contract become unavailable, the agency may term/hate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified m~il, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provide: fails to cure the breach within the time specified by the agency, the aggncy mmy, by written notice to the provider, terminate this contract upon no leas than twenty-four (24) hours notice. Sai~ notice shall be delivered by certified mmil, return r~c~ipt requested, or in person with proof of d,llvery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida ~%%tni=trativ~ Code. Waiver of breach of any provisions of th[~ contract shall not be dzemed to be · waiver of any other bre~ch and shall not be construed to be a modification of the ter~ of this contract. The provisions herein do not limit the agency's rig~t to remedies a= law or to damages. D. Suepe:zion: 1. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of tartan·ting the contract. ReasonabLe cause is such cause as would compel a reasonable person to muspend the use of fund3 pursuant to this ccntract; it includes, but 15 not limited to, the provider's failure to permit inspection of records, or to provide report:, cK to rectify deficiencies no,ed by the agency within the tLme ~peclfied by the agency, of to utilize funds as ·greed in this contract, or such other cause as m/ght constitute breach of any of 10 08101/97 Contract No.~~ the terms of this contract. 2. The sgency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. 3. To suspend operations o~ the provider, the agency will notify the provider in writing by Certified Mail of: the action taken, the reason{s) for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove the suspension; the provider's right to an administrative hearing; and, give the provider the appropriate ti~e period to request an sdministrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). Notice and Concoct: 1. The name, address aha telephone number of the agency for the agency for this contract is: Executive Director A/es Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 SC 748-6947 11 09/01/97 Contract NO.HCE~40.97 The nan,, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Project Director Collier County Board of Commissioners 3301E. Tam2Lamt Trail, Building M Naples, FL 33962 In the event that different representatives are designated by either party after execution of this contract, notice of the na~e and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract, ]~mnegoti&tion or Moc~ific. ation: 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree %o renegotiate this contract if revisions of any applicable laws, or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subseguently identified in the agency's operating budget. Special Provisions: !. State ~ws and Regulations The provider agrees to co~,ly wits applicable parts of Rule 58H-1, Florida A~dnistrative Code, Chapter 95-418, Sections 69 and through 86, ~ws of Florida, and Sections 430.601 - 430.607, Florida Statutes, and the ~par~nt of Elder ~fairm' ~rogrm~ mad Servlce~ Manual. Nonexpendable Property Nonexpendable property is defined ns tangible property of a nonconsumable nature ~ha~ has an acguisltion colt of $500 or more per unit, and an e~-~ected useful life o~ at least one year; and hare[back bound books that are not circulated to students or the general public, the value or cost of which is $100 or m~re. Hardback books with a value or cost of $25 or more should be classified aa an OCO expenCLiture only if they are circulated to students or to the general pub]ic. All such property, purchased under this contract shall be li~ted on the property records of the provider. Said listing shall include a descrJption of the property, model number, manufacturer's serial nuK~r, funding source, information needed to calculate the federal and/state share, date of 12 ..... Agen~ 08/01197 Contract NO.~CE 030~L~l acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. kll such property purchased under this contract shall be inventoried annually. An inventory report will be sub~/tted to the agency upon request by the agency. Title {ownership) to all nonexpendable property acquired with funds from this contract shall be vested in the agency upon completion or termination of the contract. At no time shall the provider dispose of nonexpendable property purchased under this contract except with the permission of, and in accordance with instructions from the agency. A formal contract amenc~n~nt is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of this contract. An ITR worksheet is required for any com~uter related item costing $500.00 or including data processing hardware, software, services, supplies, K~intenance, training, personnel and facilities. The provider agrees to secure prior written approval through the agency from the Department of Elder Affairs' Systems director for the purchase of any ITR. The provider will no% be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require that their subcontractors with the agency's ITR procedures. Copyright Clause Where activities supported by this contract produce original writln~, ~ound recordings, pictorial reproductions, drawings or other graph%c representation and works of any similar nature, the agency has the right to use, duplicate and disclose such ~ateriala in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do as. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or de,mhd of any ~nd in and to any patent, trademmrk, copyright, or application for the sa~a; will vest in the State of Florida, Agency of State, for the exclusive use and benefl~ of the state. Pursuant to Section 2~6.021, Florida Statutes, no person, firm oz corporation, includi~g parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written 13 08/01/97 Contract consent of the Department of State. Grievance and Appeal Procedures The provider will assure agency specific procedures ·re developed for handling com~laints from persons who com~lain that service has been denied, terrain·ted or reduced improperly as outlined in 58H- 1.008 Florida Ad~uinistrative Code and the Department of Zlder Affairs' Programm and Services Manual. Investigation of Allegations A.ny report that implies criminal intent on the part of a service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, pay~ment requests, and other related information. 6. Signature A/I comer,cea and ~men~r~nts must be signed by the President of the Board of Directors of the provider, or such other officer or ~mber of the board as designated by the Board of Directors. 7. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive ~mergency Management Plan, the Department of Elder Affairs may exercise authority over an ·rea agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure ·rea agency and service provider facilities in order to minima ze the potential impact of the event. These actions will be within the existing roles and responsibilities of the agency and its service providers. in the event the President of the United St·tea or the Governor of the State of Florida declares a diAaster or · state of ~rgency, the D~.partr~nt of ~.der Affairs may exercise authority over an ares agency or service provider in order to implant ~m~rgency relief measures m~/or actlvi~lem. ~.ly the Secret·fy or ~puty ~eczeta~ such authority to order the ~Imntation of such ~asur.s. ~1 se~ion shall ~ for the purpose of ensuring the h~alth, safety and welfare of the elderly in the disaster are·. 8. Computer System Backup and Recovery A~ defined in Ch·peer 44-4.070, Florida A~.lntstratlve Code, each provider, among other raquireaw~nts, must anticipate &~d prepare for the loss of lnformmtion processing capabilities. The routine backing up of data and software is reguired to recover fr~m losses or out·gas of the co~puter system. Data and software essential to the continued operation of agency functions must be backed up. The 14 08/01/97 10. 11. Contract NO.~CE 030.40.97 security controls over the backup resources shall be as stringent as the protection required of the primary resources. Information and Referral The provider will ensure collection and maintenance of a data base on information and referral services for each program(a). The provider will be responsible for coordinating all information and referral sites in their program(s) and will ensure the ongoing quality of services provided. Volunteers The Axes Agency on Aging will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the Area Agency on Aging will increase the uae of volunteers in the planning and service area by providing training, technical assistance, and funding, where possible, to their contract agencies. Horme Care for the Elderly Subsidies and Case Management Information a. The Area Agency on Aging shall employ a Local Area Network (LA~) Administrator who shall assure Area Agency on Aging compliance with the requirements of the 'LA~ administrator Guidelines" adopted by the department. These 'Guidelines' delineate the roles and responsibilities of the Local Area Network Administrator. The Area Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. b. ~ea Agencies will insure the collection and maintenance of Home Care for the Elderly (HCE) Subsidies and Case Management information on a monthly basis from the Client Information and Registration Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and syst~ according to agency ~tandards. c. Lead Agen:ies must enter all data for HCE subsidies in the CIRTS by the 15th of each month. MCE subsidy data entered into the CIRT$ by the 15ti~ of the month will be for incurred between the 16th of the previous ~nth and the 15th of the current month. Case Management data entered into the CIRTS by the 15th of the month will be for units of provided during the previous month fr~m the 16th and up to and including the 15th of the current month. Case manage~ent units of ~ervice may be entered according to the agency schedule, in aggregate on the 31st or daily, weekly or mcnthiy. d. Lead Agencies will cease data entry fo£ HCE subsidies on the 15tk of the month and run a CIRT$ Monthly Service Utllixation ~eport, by client and by worker identification. e. Lead Agencies will verify, correct, and certify the Monthly utilization Raport, by client and by worker identification, 15 [ Agenda I 08/01/97 Contract No. HCE 030.40.97 and aubm/t this report to the AJea Agency on A]lng by the 20th of the month in which the report is generated. The Area Agency on Aging may also require a Request for Payment and Receipt and Expenditure Report for case management to accompany this report. Caregivers who are determined eligible for the HCE Basic Subsidy after the 15th of a month, will be procesaed by Lead Agencies to begin eligibility for the MCE Basic Subsidy on the let day of the next month. 12. Comprehensive kssessment Review and Evaluation for Long Term Care Services {C.~RES) Program Those persons who are functionally assessed by the Comprehensive A~sessm~nt Review and Evaluation for Long Term Care Services (C-ARESI Program to be at im~inent risk of placement in an institution and referred to the Home Care for the Elderly Prograau will be given primary consideration for services to prevent institutional placement. 13. Business Hours Area Agencies and lead agencies must maintain business hours from 8:00 $~ to 5:00 PM daily, Monday through Friday. Na~, ~ailing ~nd Street A~kireaa of Payee: The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier Count}' Board of Commissioners 3301 E. Tar~i~ Trail, Building H Naples, ~L 33962 The nan~ of the contact person, street address and teiaphone number where financial and administrative Kecords are ~intained: Collier County Boaxd of Com~laaionera 3301E. Tamiamt Trail, Building M Naples, FL 33962 16 Contract No.~c£ 030.40.97 IN WlTNr~$ THEP~OF, the p&rt£m~ hereto havre caused thi~ ~ page =ootr&ct to be executed COLLIER COUNTY Bo~ oF Co~ssIo~P3 AR~A A~CY ON AGING F~R $OUTM~F~T FLORIDA, INC. SIGNED S~GNED BY: BY: NAME: Timothy L. Hancock TiTLE:~'~n~{?~an DATE: JULY 31. 1997 FEDERAL ID NUMBER: 59 600 0538 NAME: ~nna Vann TITLE: Board President DATE:_ ~L'LY 31. 1997 PROVIDER FISCAL yEAR ENDING DATE:_ Apprc¢ed as to legal form and sufficiency: P.~nir'o Manalich, C~ief Assistant C~.w~ty Attorney 17 08/01/97 Contract NO.HCE 030.4_0.97 AT~AC~ I Fr~%RCI~uL~%ND CO~4~LIARCEAUDITS This attachment is applicable, if the provider or grantee hereinafter referred to aa prove. is any local government entity, nonprofit organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local gove£nment entity or nonprofit organization and receives a total of $25,000 or more from the agency during its fiscal year. The provider has "received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditin~ StandardA ("Yellow Book') issued by the Comptroller General of the United States. Local goverr~nents shall conkoly with Office of Ma~acement and Buduet ~OMB) Circular A-128. Audits of State and Local Government~. Nonprofit providers receiving federal funds passed through the agency shall comply with the audit requirements contained in Q~ Circular A-133 , Audits of Institutions of Higher Learnin~ and Other Nonprofl~ In~itutions, except as modified here~n. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book", and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that dimcloses each state contract by nu3nber. A~ audit perforated by the Auditor General shall satlsfy the requirements of this attachment. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requireJnents were met. A/1 questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book". If the provider has received any funds from a grants and aids appropriation, the provider~ also subn%it a co~liance reports(s} in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids app[cpriat~on~. Copies of the financial and compliance audit report, mmnagement letter, and all other correspondence, if any, related to audits perfo[~ed by independent auditor=, other than the Auditor General, shall be s'abm/tted within 159 days after the end of the provider's fiscal year, %%nless otherwise required by Florida Statutes, to the following: A. Fiscal k~anager for the agency B. S~m~t to this address only those reports prepared in accordance with C~{B Circular A-133: Federal Audit Clearinghcuse U.S. Bureau of the Census Jeffersonville, IDdiana ~7132 C. Sub.~%it to thi~ address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32202 The provider shall ensure that audit working papers are made available to the agency, or its de~ignee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. ~ | JUL291997 ~1 08/01/97 Contract PART II: GRANTS AND AIDS AUDIT/ATTESTATION Th~ pea b. eppr~,,ab4~ if the provid~ i~ awarded fuod~ from · grits ~d ~ lpprop~atlon, ~d Is Nthef (1) l ~ ~p~ofk ~g~lt~ r~v~g a tot~ of ~ ~ 125,000 from the ag~ during h~ fis~ y~r or (2) I fo~-p~o~ o~g~lt~ ~g ~y I~t from the Ig~. The pto~r hal 'rec~v~' funds ~ H has obtained ~sh from the ~as ~rred exposes whi~ w~ be r~urs~ by ~hl ~g~. If the amount race~ved from grannie a~d ";ds appropriation lwlrds IXCeadl 1100,000. the provider agr~ tO hlvt ~ N~ performed by In ~dep~d~t ce~lfi~ pubGc I~ountlnt ~d lub~t I compE~ce repo~(s) ~ Iccord~ wtth ~e ~ of ~e Au~ ~, ~apt~ 10.6~. ~e ~ r~ ~ ~ I s~ of ~N Issist~ Ih~ ~sdoi~ ~ state ~trl~ by nu~ef ~d ~d~tel whi~ c~tra~s a~t fu~d~ from state g~lntl ~d ~da apptopriati~l. Compliance fknd~ngs r~etad to contracts whh the agency shall be based o~ the ~tra~ r~ulre~tl, ~g ~y r~u~t~s, ~ stltut~ ref~ ~ ~e ~tr~. ~ere IppE3ble, the ludit ropo~ ~ml ~de I ~mputat]~ lhow~g ~lth~ or not ~t~g r~ir~ts w~e ~. ~ ~t~ ~sts ~d ~lities due lo the Ig~ ~ the audit repo~ with refer~ce to the ag~ con;re~ If the arr~u~t rec,~ved from gra~nts and e;ds epp,opriation awards lxceedl $25,000, but ~es not ex~d ~100,0~, ~l ~o~ ~ have ~ eu~ am described above or have m ~tatem~t prepared by ~ ~dep~d~t ce~lfied pub~ ~ount~t that the provldet has complied wi~h the provisiOn~ of all conifers funded by a grants ~d aids If the In'~o~nt reC_~ved from gra~ts ~nd a;ds appropriation awards does not exceed $25,000, the provider will have the head of the entity or org~izat~on at'test, und~ penalties of perjury, that the orgen[zatk>n has co.'Ttp~ed with the provisions of by a grants and aids appropriation. Copies of the audit repor~ and ell other correspondence, If any, rallied to audits performed by the independent ~d~or, o+ the attestation statement, -hall be submitted within 150 days after the provider's fiscal year end to the following: A. F'isc~ Manager for the agency Jim Dwyer Off,ce of the Auditor General P.O. Box 1735 Tallahassee. F~orida 32302 The provider ~h~l ~nsure that audit working papers ere made available to the ege.'~cy, or hi designee, upon request f~' · ~ of flYt years from the date the audit report Is I~sued, unless extended in writing by the agency. PART Ill: NO AUDIT REQUIREMENT TI~ p,~ k ~opr~,~J~ If the prov~e~ i~ not awarded fund~ from s grants m~d aids approp~ation, a~d la e~her (1) a total ~tily or nonprofit organization recelv~ng a torn of leas than $25,000 from the agency during its fiscal year m' {21 e fo~rofit organizae, Jon r,y~vtt,g any amount from the agency. Th& provider has 'received' f~nda when it has obtal~ed cash from the or wh,~n It ha~ ~curred expellees whicfl will be reimbursed by the The pro,der hga no ~dit or attestation statement required by this 19 Agend~, J~,~ .o. I J ti L 2 9 1997 Cor.%ract AYTACH~E~gT ZZ HOME CARE FOR THE ELDERLY BUDGET PROVIDER: Collier County Board of Commissioners Original Amendment 1. Case Management 2. HCE Subsidies 4. Total 2O 08/01/97 Contract NO.HC£ 030.40~/ Report 1 2 3 4 5 6 7 9 10 11 12 13 14 Legend: Note # 1: )!ote# 2: Note # 3: Month CONTRACT RZPORT CALZNDAR ADVANCE BASIS CONTRACT HOME CARE FOR THE ELDERLY ~.as e d Or~ ATTACHMENT III Submit to Agency on August Advance* August 1 September Advance* August 1 September August Expenditure Report September 20 October September Expenditure Report October 20 November October Expenditure Report November 20 December November Expenditure Report December 20 January December Expenditure Report January 20 February January Expenditure Report February 20 March February Expenditure Report March 20 April March Expenditure Report April 20 May April Expenditure Report May 20 June May Expenditure Report June 20 July. Adv. Recon. June Expenditure Report July 20 Aug. Adv. Recon. Final Request for Payment August 20 ** Closeout Report September 20 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 Contracts cannot be submitted to the State Comptroller prior to July I or until the contract 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. A final request for payment may be submitted to the department by the provider up to 60 days after the contract has ended. The last three months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. 21 NO.~y JUL 2 08/01/97 Contract NO.HCE 030.40,~/ ATTACHMENT IV hIINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES O .&PPLICABLE TO ALL ACTIONS DEEMED TERMINATIONS. SUSPENSION5~ OR RED--ON5 IN SERVICE_' TRANSFERS OR DISCHARGES: AND ADVERSE DETERMINATIONS RELATING TO SCREENING OR ANNUAL REVIEW. NOTICE OE DECISION Oir AC'IX3~ TO BE TAKEN AND EXPLANATION O~ THE GRIEVANCE PROCEDURE FO~ ~ THAT DECISION Nogoc of 6ccision ~nd an cxpl~a6on of ~ gric,,-anc~ pmcrdurc mu.~ bc maJlocl no k:ss than 30 c~.ndar* ~ ~ ~o thc d~ action will ~ (Prior notice is no¢ applicable wl~r~ thc hc~lth or safety of thc indh'idunJ is cndangcr~l al'action is not however, nodoc mu~ be made as soon thcrc~d'tcr as pracuc~blc.) Thc Nodc~ mu~ cont.zin: a s~alcmcm of wha~ ac'don is imcndod to ~ thc reasons for thc inlcr~k~l ac'don: the s~ccific law, role, ~gulnrion. or changc of hw tha~ r~quircs ~ action; an cx'pla.,ution of: ~c ind. i,4dual's rigM to a gricv'ancc rwicw Lf mqr~'~od in writing and dclivcrcd wi0dn 14 ~ days of thc No6oc pOSLmark (assis~xnac in ~itJng, s~bminJng and &li~ring thc ,:quc~ musl bc offered and n~lablc ;o thc ~c indNidua/'s fight, after ~ gric~m~c review, for l~arthcr ~vpeaJ, ~ fight lo __~,~__l, rc~Lr~.,s through tM courts iJ'applic~blc: a~ cxpla.t,.ation of thc circumstanc~ undcr which c-atr:.m bcncfirs, ffany, arc continued Lfa grievance rcvicw is r~ucs~ed, and ut, ill a final clc~ision is made Io dJsconfinuc s~rviccs: and ~ stmcmcn! 0~t thc indJvidu~l way rcprc.~nl hcrseU'm use lc.gal counsel, ~ relative, a friend, or o0~r quaJifi~ rcpr~s~r, ufi~ iii thc r~ucs~c~ rcv~mv p _roc~-__dJngs. All records of thc above ncd,,'i~cs ml,.s~ Ix: prc.~rve.4~ and remain confidcnfi~J, GR~VANCE ]~EVIEW PROCEDUI~E LrpON TIMELY RECEI1;'T OF A 9~h'T'tEN REQUEST FOR REVIEW Within 7 cakaxc~ days ofl. hc rec~p~ ~a m:iucsl loc tvdcw, the provick:r must a,cknowle~ge rec~i~ of thc nxlocxt I:,y a ~ ~nt &li~ to ~ ~r,~r. ~ ~nt m~ ~ p~ n~ of: ~ fiw~ ~ pl~ ~ for ~ ~. a ~n~ ~ f~ ~ ~~ ~ ~r ~ ~6~ ~ Di~ilifi~ ~ ~, ~ino~~~ ~ ~ing of ~ in~ ~on ~ ~I ~ ~ ~. ~n ~y imolv~ in ~ iM~ ~mfion of~ ~ion in q~on. The revicv~r(s) must provide written notification to the requester within 7 calendar* days after thc ~'icvanc~ rv~'w of: ~ decision. ~tafing the reasons therefore in detail; thc effect the docision has on current benefits, if favorable, or thc cin;umslances n:gaxding {~ continuation ofcurrcnt benefits until all appe~s are cxJxaustod; ~'- Age~da lSe~ ~'[ I Contract No. BcE 030.40.9~ 08101/97 ltz individual's right to appcal a.n ad¥cr'x: ~ci$ion to thc An:a Agcnc)' on Aging by v.~incn rc,:iuc:P, within 7 ~tcndar* da)s; the availability of assistance in wd6n~ submitting ~ de, live. ting the appeal Io the appropriate q~2]L~c~ rc~cscnt~t~¥c. THE AREA AGENCY ON AGING · Within 7 cmk~da~ day~ ~th= ~c~ ~a ~ of~ of~ ~ ~ ~sio~ ~ ~ m~ ~~c ~i~ ~ ~ ~ p~ ~ for ~ ~; ~ ~i~on ofo~ or ~ im~ ~ o~s who ~v~ d~ng ~ ~c ~oppmg of ~c intcndM a~on ~1 ~1 apes ~ ~M. ~ ~~ ~ m~~ who ~vc ~ ~n ~)' in~l~ in u~ iMfia] d~e~fion of~e a~on in qu~on. · ~ ~i~t~ ~ officiO(s) m~ pr~dc ~ucn ~6on to ~e r~uc~er ~4~n 7 ~cn~ ~ ~ ~n~ ~nfin~fion of ,~ent ~fi~ until ~l U~ i~d~'s fighl to zp~l, ff~ppli~le. Exit for O~ ~ ~ ~ ~ fi~ ~ision. For h~ng p~ ~i~d W~ver ~o~ only); ~ a~labili~ of~i~ in ~ng ~ ~r ~ ~t~r; S;~rdAy, ~ndiy, or ~ h~iday. ~d "G~ P~tdu~ 23 JUL 2 Pg .~ o8/o~/97 Contract No. STAN~DARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinal%r referred to ~ the "~gency", and ~.01lier Counly Board ofCounty CorruvJssionem. her6nal%r r~erred to ~ the "provider". The partita agree: L The Provider Agrees: A. Services to be Provided: The Service Provider Application of Collier Coun~ Board of County Commissioner~ for the AJz.h~i,,v~-~s Dir, ea~ Initiative funds for August l. 1997 to June 30, 1998. ATTACHblENT IV, ·nd any revisions thereto approved by the agency and located in the agency's file, ~e re£erenced as a part of this legal agreement between the $,gency m,M Ihe provider, ~ prescribe the services to be rendered by the provider. B. Manner of Service Provision: Respite services 'Mil be provided in · re·paler co~islcnt with a~nd described in the Service Provider Appli~tion for the Aizheimer's Disease Initiative f, Jnds for August t, 199'7 to June 30, 1998 of~ollier Cr0Kaig~/ffa~.~r~b'..Cor,,missioner[ ATTACHMENT IV and the Dep~gtment of Elder Afl'a/rs' Programs rind Set',4ces Manual. In the event the manual is rex,ir, ed, the c.x~nt,"ac~ will incorporate any ~uch revisian and the provider Mil be given a copy of the revision. Model Day Care .,ervices ~re to be provided L,a eonjtnmion with the Mcmory Disorder Clinics. Model Day Ctre Centers must meet the prosj'anu'natic guid~nes found in the D-."C-~ ofElder ~' Progra. m$ ~ SetMeea Manual. Day Care facilities must be ]i~ in ~orda.,w.e wifl~ Chapter 400, Part IV, F.S. and Chapter 10A4 F.A.C.; or, if exempt, the f~zility ~rm:'l t~h~z to the, idcm. tic~l requite~r~nta of Chapter 400, Part IV F.S. and Ch~t~ 10A-6 F.A.C.; plus, any ~ldition~J standar& required of Adult Day Cra'e corttmcl provid~'$. Model Day Care Programs mu~ d:zv¢lop innovative ~erapies and interventions which can be ~hared with other Disease Initiative hen/th ~nd social ~erviees per~nnel via training. Model Day Care Programs rrmst be a natural l~lxy for ~r~ice related applied research by Memory Disorder Clinics. JUl 2 g 1837 08/01/97 C. Contract No. ~)~L?~2~)_~_ Federal Laws and Regulations: The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations, if applicable. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational SM'ety and Health Admirfistration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The pro',4der agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fiReen (15) or more persons are employed. The Provider Assures that it will comply with: Tide VI ofthe Civil Rights Act of 1964, ts smended, 42 U.S.C. 2000d et seq., whkh pro.hibi~-s discfim~ation on the b~is of'raze, color, or nationa~ origin in progra:ns tad activities receiving or benefiting from federal financial ~sistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC. 794, which prohibits diwMm~on on the basis ofhandic, ap in programs and activities receiv'mg or benefiting from feder,1 financial assistance. Title LX of the Education ~ts of 1972, ts amended, 20 U.S.C. 1681 et seq., whic. h proba'bits dis,~-,,"fim, tion on the basis ofs~. in education prograrrus and activifi~ receiving or benefiting flora federal fizumcial assistance. The Age Discrimination Act of 1975, ss ~rnea~ded, 42 U.S.C. 6101 e~ seq., which prohibits discdmixmfion on the b~sis of age in programs or activities r~ceiving or benefiting from federal financial tssistance. Section 654 of the Omnibus Budget Reconciliation Att of 1981, as amended, 42 U.S.C. 9849, which protu'b~ ~on on the basis of race, creed, color, national origin, ~ handicap, political aft~ll.tlon or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits oe/oz/~? Contract No. &D. iAL3~,Zg.2. discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public ~mmodafions. All regulations, guidelines, and standards ts are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedurea to handle complaints of dL~'imination involvin8 service~ or benefits tlwough this contract. The provider shall advise clients, employeea, and participants ortho fight to file a complaint, the fight to appeal a derdal or exclusion from the aervices or benefits from this contraS, ami their right to a fair hearing. Complaints of discrimination involving ~vicea or benefits through this contract may also be filed with the agency or the appropriate red.al or state agency. The provider further assures that all contractors, subcontractors, ~Jbgrantee$, or o~s with whom it arranges to provide services ~ comply with the. ~>ove lawa and regulations. Requirements of Section 287.058, Flor.:da Statutea: To .~abrn/t bills for fees or other compensation for services or expensea in sufficient delail for a proper pre-audit and post-madit thereof. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide un~u ofd~-,~rabtes, i,x:luding repons, fir, ding.% and drat~ ~ specified in this contrac~ znd the See,ice Provider A~plic~tion for AbJ~im~':~ Dim InitialN. e fun& for Au~asl l, 1997 to June 30, 1998, and ATrAC~iVlEN~r rv to be rece/ved and accepted by the agency pr/or to pa.wnent, To ailow public access to ~li docum~ts, papers, I~tt,a, or o~ ~ mbj~ to ~ ~o~ of~ 119, ~ S~ a~ ~de or r~ ~ ~ ~d~ ~ ~njun~ion with ~s ~ntra~. Withholding~ and Otl~er Benefits: The Provider ia responsible for Social Sccth-ity ~ Income Tax withlmldings. Indemnification: P9.~ Contracl No. ~DJ~3LQ3,Q_9_7_ If the provider is · state or Io~ gover~ment~d entity, pursuant to subsection 768.2S(15) Florida Statutes, only number 3 is applicable. Provider agrees that it will indemnify, defend, and hold hamdess the agency and/or state and ntl of the agency's and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, ··ions, ~',glect or omission by the provider, its ·gents, employees, or subcontractors during the performam, e of the contract, whether direct or indirect, and whether to any person or property to which the agency or ~d parties may be subject, except that neither provider nor any of its subcontractors will be liable under this :~-tion for damtges arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees Provider's obligation to indewmi~, defend, and pay for the defense or, at the agency's option, to participate and ~sociate with the agency and. Jor state in the defense. ~ trial of ~ny claim and any related settlemerlt negotiations, sh~Jl be triggered by the. agency's and/or gza¢'s notice of claim fo: indemnification to pro,drier. Provideffs inabilizy te evaluate Ii·bill.? or i~s evaluation ofliabili~ shall not excuse pro,Ade~s duty to defend and indemrdfy the ~genc7 and/or state, upon notice by the agency and/or state. Notice ~hall be given by registered or certified m~l, return receipt requested. Only an adjudication or judgment a~,er the I~ighest appeal is ey. hausted specific~y findhg ~.e agency and/or state solely negligent shzll excuse perf'ormar, ce of ~his provision by p~o'Aders. Provider shall pay all costs and fees related to this obligation and its em%rcement by the agency and/or gate. Agenc'fs and/or s'me's t~ilure to notify provider of · chdm shall not release provider of the above duty to defend. A~y provider who is s state :sgmcy er stabdivision, ts defined in Section 768.28, Florida Stat-utes, agrees to be fi~lly responsible for its negligem ms or omissions or tonious :ets whi~ .-e~lt in claims or suiu agaimt the agency smd/or s*.ate, ~ agrees to be liable for any dmnages proximately ca~sed by raid ~;s or omir, slona. Nothing herein is intended to seme ~s · waiver of s~vereign immunity by any provider to which sovereign immunity applies. Nothing herein ~ be constructed ~s constmt by · stale agency or mbdivi~ion of the State of Florid~ to be sued by third pm'ties in any matter arising out of any contr~. The provider agrees that it is ~n independent contractor and not an agent or employee of the agency m~l/or state. Insurance and Bonding: 1. To provide adequate liability insurance coverage on · comprehensive basis and to 4 1--- ~[ JUL 2 9 0S/01/97 Contract No. ~DJ_Q~Q_2~=~ ~ 9[ovld:r ~pts ~B r:s~n~b%1i~ [or ~d~nti~n~ ~ det¢~nB the ~s) ~d e~t ofl~lli~ ~nsur~ n~s~ to pro~d~ r~nabl~ 6n~nc{~ prot~ons for ~ ~o~{d~ ~d th~ ct~ents to ~ ~w~ und~ t~s ~ntra~. U~n the ~t~on of 2 '[o ~urn~sh an ~msurance bond 5'om a respons~le commercial insurance company covering all officers, directors, employees and agents of'the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. ID. he pro~der is a state agency or subdivision as defined by section 7611.28, Florida Statutes, the providcr shall furnish the agency, upon request, written verification of iiability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clau~.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who know% or has rear~nable ca~se to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the mate of Florida's cea'ral abuse registry and tracking sy~em on the single statewide toll-free telephone number (1-800-96ABUSE). Transportation Disadvantaged: If clients ~,re to be transported under this contract, the prcvider will comp.h/with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Adminim"ative Code. Purchasing: Procurement of Products or Materials with Recycled Content That any products or materials wi'rich are the .mbject of, or are required to carry out this L. Oo Con~ct No. AI~ contract sha~l be procured in ~:~orda~e with the provisions of Section 403.7065 and 287.045, Florida Statutes. Sponsorship: As required in Section 286.25, Florida Statutes, Lt' the provide~ is · nongovenune~ organLzation which sponsors a proD'am ~m~nced wholly or in part by state funds, indudLng any funds obtained through this conwact, h shall in publlc~zing, sdvo'tising or descn'bing th~ sponsorship of the progra, rn, r~ate: "Sponsored by the _Collier Coun~ Bom'd of County. C.O.m~~ the Ar~ Agency on Aging for Sou~hwes~ Florida, Inc.",and the State or' Florid~ D~a~na'rt of Elder Aff-~'s. If the sponsorship ret'erenc~ is in written materLtl uhe words "A~ea Agency on A~ng for Southwest Florida, Inc.", and the S~te of Florida., Dcp~tmcnt ot'Eld~r Affairs ·hail appear in the same sLze letters and type as the name of the orga~Lzadon. Use of Funds For Lobbying ProhibRed: To comply with thc provisions of Section 216.347, Florida Stamt~s, which proMbit ~ expenditures of contract funds far the purpose o£lobb)4ng the Legislature, a judicia] bnmch or a s:ate agency. Public EntiD' CHine; DenL~l or rtvoc~fio, of the right to transact business with public entities. Provider must Lssure ~t a person or ~filiate who has ben placed on the convicted vendor list follov,4ng a conviction for a public entity crime may not ra~b,,-tit · bid on a conu'aa to provide ~ny goers or r, er~ices to the agency, ma)' not submit · bid on a contract with the. ~,8c~T for the consm.~on or r~:~ir of· pubLic building or public work, may not submit bkts on leases of' re. id propen3, to the agency, may not be awarded or perform work u · contra~or, ~ppEer, sut~on~or, or con.~ult~nt under a contract with the agency, ~d may not transa~ buses· with the agency in ~xcess cf the threshold amount provided in s. 287.017 for CATEC3ORY TWO for ~ period of 36 months from the date of bring plat, ed on ~ convi~ed vendor lis~. AudiU and Records: To maintain books, records, and documents ('including electronic storage media) in accordance wi',.h genc:raJly ,_cc-epted acoounting procedures ~1 pr~tices which sufficiently ~nd properly reflect all revenues and expenditures of funds provided by the agency under this contraS. ~genda. It, ee N ~ JUL 2 g BS7 08/01/97 Qo Contract No. ~IQiQ-2.Q.~3_ To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal fi.om premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, ifapplicable. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of this contract. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs' Programs and Services Manual. To assure through contractual provision in their subcontracts with direct service providers program specific data is recorded and submitted in accordance with Department of' Elder Affairs Information SysTem Instructions. To provide a financial and compliance audit to the agency as specified in A..TTAC~NT I and to ens-re that all retated party :ransactions are disclosed to the aud{tor. '1"o include these aforementioned audit and record keeping requirements in all approved subcontracts and assigruments. This contract is funded from a .grants and aids appropriation. R~tenlion of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic ,qorage media) pertinent to this contract for a period of five (5) years after termination ofthis contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shai! be retain~ until resolution of the audit findings. Persons duly authoriz~ by the d~t and federal auditors, punuant To 45 CF'K, Part 92.42(e), (1), and (2), shall have full access to and the fight to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring: To provide progress reports, including data reporting require~nents as specified by the agency. These reports will be used for monitoring progress or perfo~ of the contractual services as specified in the approved Service Provider Application for Alz. heirner's Disease Initiative funds for August 1, 1997 to June 30,1998. I J.t 2 08101/97 So Contract No. ~ To permi! persons duly authorized by the agency to inspe~ any records, p~pers, documents, faciEties, goods ~nd sec'vices of the provider which we relcva~ to this conu-act, ~:b'or imervicw imy clients and employees of the provider to be ~.ssured of satisfa~ory performance of the terms and conditions of this contract. Following such inspection the agcr~ will deliver to the provider a list of its concerns with regard to the manner in which said 8oods or services are being provided. The provider will rectLfy ~ noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to corrcct or justify within a reasonable time ~s specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this contract. Safeguarding Information: Not ~.o use or disclose ~ny i~ormation concerning a recipient of services under this contract for shy purpose except upon written consent o£the recipient, ot the recipient's authorized representative. Assignments and Subcontracts: 1. Agency approval of the Service Provider Applica:ion for Aizheimer's Disease Initiztive lands for August l, 1997 to June 30,1998 shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the approved provider Secvice Provider Application. No such approval by the agen~ or,ny ~s.~ignment or subcontract shall be deemed in e'¢-.nt or in ~ny man~er to obligate the ~.gency beyond the total dollar amount a~'eed upon in th. is contract..all such ~signments or subcontracts ~hall be ~bjcct to the conditions of' this contract and to any conditions of approval that the agency shall deem necessa~'. 2. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the ~bconu~tor tram be within seven (7) working days a_fi. er receipt by the provider of fiJll or partial payments from the agency La accordance with section 287.0585, Florida Statutes. Failure to pay withi~ seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (I) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fi~een (15) percent of the outstanding balance due. 8 08/01197 T. Contract No, Z~[~L~ Final Request for Payment: To submit the ISnal request for paymer,, to the agency no more than forty-five (45) days a.~ter the contract ends or is terminated; it'the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time pedod. Any payment due under the terms of this contrac~ may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. A final receipt and expenditure report as a closeout report will be forwarded to the agency within six%, (60) days alter the contract ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. Return of Funds: To return to the agency any overpaym:nts due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the agency. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. In the event that the provider or its independent auditor discover~ an overpayment has been made, the provider shall repay ~aid overpayment within thicty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding Should repayment not be made in s timely maraer, the agenc.y will charge intereaa of one (1) percent per month compounded on the outstanding balance gl~er thirty (30) calendar days m':ter the date of notification or discovery. IL The Agency Agrees: A. Contrzct Amount: Subject to the availability of funds, the agency will reimbur~ no more than a totai dollar amount of $64200 for expenditures made in accordance w4th the approved budget for [ .o../rot_e?7 I JUL 291~97 No. ~ Alzheh'r~s D~sea.~e lnhh~ve funds, and ATTACHMENT fl to this contr~t. The State of Florida's p~'f~ tmi obligation to pay under this contrac~ i~ contingent upon a~ tnmud &ppropria~on ir/the Leg~. The co~ of ~xviccz paid unde~ any other comract or f;orn any o~er source tre not eligible for reimbursement under th~s contract. SERVICES R~IM~URS£MENT MAXIMUM RATE UI~TI'S ~ Ma~agt~nent $33.71 15 B. Contract Paymeut: Payrnent made by the agency to the provider must be within seven (7) working clays after recdp~ by the provider of full or partial payment fi.om the Department of FJde~ Affairs h~ accordance with section 2g?.0585, Florida Statutes. Failure to pay within seven (7)working dzys will rca.fit in a penalty charged against the agency ~ paid to the provid~ in the. r~'/x3unt of one half&one perc, o~t ofthe amount due, per day from the expiration of' the period sllowed herein for payment. Such penalty -,,hall be in addition to actual payments owed and shall not exceed fifteen (I$) percent of'the outstmding balance due. Invoices return to ~ vendor due to preparation enors villi resul: in a p[~.-ment delay. Invoice payment requirements do not ~ until a properly comple:ed invoice is provided to the sg~c3'. C. Vendor Ombudsman: A Ver~lor Ombudsman has been establish~ within thc Depastment of Banking and Finance. The duties of this individual include a~ing ss a.n advocate for vendors who rn~y be experiencing problems in obtairfing timely payment(s) fi.om a state agency. The Vendor Ombudsman may be contacted at (904) 45g-2924 or by calling the State Comptroll~s Hotline, 1-800-g48-3792. ~ Provh~er and Agency btutu~lly Agrees: A. Effcct~'e Date: This con=~t s,Sall begin on August 1, 1997 or on the d~te on which the contrsct i~s been sisned by both par'des, whichever is lster. 2. This contract shall end on June 30, 1998. B. Method of Payment: 10 JUL 2 997 ! 08/01/97 Contract No. Payment shall be on an advance basis in accordance with the Department of Elder Affairs' Programs and Services Manual and ATYACHMENT ffI. All request for payment and expenditure reports that will be submitted to support requeala for payment shall be on Invoice for Services and Contribution Report. Duplication or replication of both forms via data processing equipment is permi.tsible but replications must include all data elements in the ~ame format as included on Department of Elder Affairs' and agency forms. The not-for-profit provider may request a monthly advance for each of the fu'~t two months of the rate agreement period, based on anticipated cash needs.' Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requesu for the third through the twelfth months shall be basexl on the submission of monthly actual expenditure reports beginning with the first month of the rate agreement. The schedule for submission of advance requests is AI"rACH'MENT HI to this rate agreement. Reconciliation and recouping of ~!w~nces made under this rate agreement are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on rate agreement fund advances must be returned to the agency within twenty days of the end of the first quarter of the rate agreement period. The provider may request extraordinary cash in addition to the above advance r~uests in accordance with DOEA Administrative Policy Memorandum Number A0012. 5. Any payment due by the agency under d',e terms of this rate agreement may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments there.to. 6. To submit a complete and accurate quax'mrly Service Cost Report, DoEA Form 110, to the agency by October 15, 1997, January 15, 1998, and April 15, 1998. A complete and accurate annual Service Cost Reports, DoEA Form 110, will be submitted to the agency within sixty (60) calendar days of June 30, 1998. Termination: Termination at Will This contram may be terminated by either party upon no less than thirty (30) calendar I I I JUL 291.997 08/0Z/97 Contract No. ADJ~J/.Z9.~_ days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Terrrfinafion Because of Lack of Funds In the event funds to finance this contract become unavailable, the agency may terminate the contract upon no less th~ twenty-tour (24) hour~ notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or ha pe~-son with proof of delivery. The agency shall be the final authority ~s to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to ct~re the bre.~h vfuh~ the time speedfiefl by the agency, the agency may, by w~itte~ notice to the provider, ~crminate this cont"act upon no lexs than t'.ent'!-four (2.4) hours ,notice.. S~d notice shall be delivered by certified madl, return receipt reque~ed, or un V:zson with proo£ofdelivea'y. If applicable, the agen~ may employ the default provisSon.s in Cha~er 60A-1.006(3), Florida Administr~.tive Code. Waive~ o£breach cf any provisions of tiffs contrac~ shall not be deemed to be a wtiver of ~,y other breach and shall not be con~ued to be a modification of the terms cf this contract. Tl-,e provis~orts herein do .not ~ the ager~'~s fil~,t lo r~-nnedies at taw or to damages. D. Su3pension: l. R ea.~r, able Cause The agency may, for re.a.sonable cause, temporarily ~uspend the u~ of fur~is by a provider pending corr~ztive sctiov~ o~ peri'ling · decision of tenvfitming the cont,'~:t Reason~ cau~ is ~ cause Ls would compel a r-r. Lsorurble person ~o suspe~ the use of funds lxrsuam to this contrscg it includes, but ;.s not limited to, th~ provkler's fifilure to perm/t inspecfofl of r~.ords, or to provide reports, or to rectify deficiencies noted by the sgency within the time specified by the agency, or to utilize funds ss sgreed in this contract, or ~uch other c, au~ ss might constitute breach of~ny ofthe terms of this contract. Thc agency rely protfibit the. provider from re~iving ~ payments md any protu'btt fl~e provider from incurring ~lditional oblig~ons of funds. The suspension may &pply to any part, or to all of the provider's obligations. To suspend operations of the' provider, lhe agency will notify the provid~ in writing ~ JUL291997 08/01/97 Contract No. ~_ by Certifi~ M~iI of: the action ~ken, the reason(s) for such m:tion; nnd the conditions of the suspension. The notification will aJso indicate: wha~ corrective actions axe nec~ to remove the ~uspension; the provider's right Io am admLnistrative hearing; ~nd, give the provider the appropriate time period to reClUe~t an axtmLr~strafive hearing before the e~ecfive date of the suspension (urdeta provider actions Wa~Ta.nt an immediate suspension). Eo Notice and Contact: 1. The representative of thc agency responsible for this contract is: Executive Director Area Agency on Aging for Southwest Fio.4cia, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 (941) 332-3596 FAX The representative ofthe provider responsible for administration of the progr~n under th~s contact is: Project Director Collie.- County Bo~d of County Comrrfissioners Colli~ County Government Centex, Building H Naples, Florida 34112 Fo In the event that different represen~tives are designated by either party execution of this contract, notice of the name a,'td address ofthe new repres~tafive will be render~ in writing to the other party and ~id notification attached to originds of this contract. Renegotiation or Modification: 13 Contra4:t No. ~,L~LO.Z[L~.. Modifi~tions of provisions of this contract ~ only be v~lid when they have been reduced to wring ~d duly signed. The parties agree to renegotiate this contnsc~ ii' o£any &ppl~cable hws, or regulations n~ke changes ~ this contract necessary. The rate of' payment and the tot~l dollar ~rnount may be adjusted retroactively to reflecl price level increases ~nd changes in the r~e of payment when these have been est~blished through the appropriations process and subsequently identified in the agency's operating budget. Special Provisions: i Sta:e Lw~s and Regulations The provider agrees to comply with applicable pans of Rule $§D-I, Florida Administrative Code promulgated for adn'Jnistration of' S~xions 430.502 through 430..504, ~orida St~tmes, and the Department of Elder Affairs' Programs and Services Mznua]. 2. Di.s~te~ tn the event the Preddent &the United Sta~ or the Gover'~.or of the Sta~e of Florida declares a disaster or a state of emergency, the Depr~xmem of' Elder .~'f'slrs may exercise ~ufl~ofity over an Area Ascncy or Service Provider in order m implex',c~ emergency rdi~es a,-~J/or activities. Ody the Sca'euxy or D~,mj Sccrcta~, o£ fl',e Dcpaza~e~ of Elder ~ or his or her desiSnee ~ have s,uc~ autborhy ~o order tJ~e implementation of.such mea..~es. Ali acdot,,.s dirtcted by the ~ of]Elder AJ~itirs um:lcr riffs section shrill be for t,~ purpose o£er~suri~ the heak,.h, sai'ety sncl w~,lfar~ of' the elderly in the disaster area. 3. tnfon'r~tion and Rcf'en~ The provider will insure collection and mdntzmnce ors ~-_~- base on int'ormafion and rcfcrrsl services for their proii;ra~s). The provider will be ~ for coordinu~g ail ini'ormadon sncl rcf'm~l proD'am(s) and will insur, tl~ c~oinll quality of services provided. 4. Copyright Clause 14 jut 2 s m? 08/01/97 Contract No. AD.]_O)~3,9~?~ Where activities supported by this contract produce original writing, sound recording% pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the rr~erials so developed are subjec~ to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Purs~znt to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyrisht, patent or trademark without the prior written consent of the Department of State. CnSevance and Appeal Procedures In accordance with ATTACHMENT IV, Minimum Guidelines for Recipiem Grievance Pro~.dures, the provider will assure through contractual provisions that service provider agencies ~tave prcr,~ur~ for handling complaints from persons who complain that service has been de~ed, terminated or reduced improperly. The provider ~11 develop agency specific procedures for h~mdling complaints fi'om persons who complain that semite has been denied, terminated or reduced improperly as out.ed ~ 58D-I.005 (2)(m) and 58D--1.006(! 1) Florida Administrative Code and the Depz~tment of Elder Affairs' Programs and Services Manual. Investigation of Allegations Any rcpon that implies cri. minal inteni on the part of'a servi~ provider agency and referred to the s~te attorney must I-.,e scm to the Deparunent of EIder Affairs through the sgen,.D,. The provider must investigate allegations regm'ding falsification of client information, sarvi~ records, payment r,quests, and other related information. Signature All contracts and amendments must be signed by the President of the Board of Directors of the provider, or such other officer or member of the board as designated by the Board of Directors. Research and S:atistics 15 Conua~ No.A~LO~ The provider a~'ees to respond to requests for research information amd statistical dat~ concerning its clients based on information requirements of the Memory Disorder Clinics, Brain Bank and Alzheimer's Disease Research Database of the medical schooVteachin8 hospital. 9. Nonexpendable property Nonexpendable property is defined ss tanLu'ble property ora nonconsurrable nature that has an scxiuisition cost of $500 or more per unit, ~:1 ~n expected useful life of at least one year; and hardback bound books that Ire not circulated to students or the general public, the value or cost of which is $100 or more. Hardback books with a value or cost of $25 or more should be clas~ed as an OCO expenditure or, ly ifthey are circulated to students or to the general public. Ail such property, purchased under this contract er purds~sed by the department ,,nd receiv~ by the provider ~all ~ listed on the prope~y records of the provider. Said listing shall incl,~de a description of ~¢ property, model number, manuf&cturer's serial numb,.-r, funding sourc~ L'fforrnauon need~ to cale..~l~ the feder~ ~s~/s~e .d~sre, d&te of &cquisition, unix cost, pre, peny Lnventory numbe~ ami information or, the location, use ~d condition, transfer, replacement or disposition of thc proper~:y. ,MI such purchased property sh~l be inventoried armualiv.. An inventory report will be submitted to the department upon request by the department. Thle C0:/zU.e,~u) to ~1 no~le property acquired with lands fi.om this contract or otherwise purchased by ~e depxr~men~ shall be vesled in the dep~nmee4 ItlZ0.1:L~]~0.~ or ,Lt no time shall the provider dispose ofnonexpem~le property ~xcept with the permission of, and in ac~or~ with instru~ons fi.om the depanme~. A Service Provider Application is required to be submitted ~ approved by the department's conmsct msn~ger prior to the purc~h~e of ~ny ~ of nonexpendable property not specifi~ listed in the approved budget g. Information Technology Resources The provider rnu~ adhere to the departme~'s procedures and standards when purchasing informadon Technology Resources (FFR) as pan of this comract. An ITR worksheet is required for any computer related item costing $500.00 08/01197 Contract No. ~ or more, including data proce.~ing hardware., ~ofrware, ~ervicea, supplies, maintenan~ tr~fing, per~nnd and facilities. The provider agrees to ~cure prior written approval through the contract marmger from the depann~nt's Managemem Systems director for the purcM~ ofany ITIL The provider will not be reimbursed for any purcha.~',$ made prior to this written ~pprov~l on the ITR worksheet. The provider has the respon~bility to require that their ~ubcontractors comply with the department's ITR procedures. 10. 11. 12. 13. Volunteers The Area Agency on Aging will promote the u.~ of volunteers as premcrib~ in Section 430.07, Horda Statutes. In addition, the ,M'em Agency o,, Aging will increase the use o£volunteers ir. theLr pl~u~ing &nd seaMce ,,-em by providing training, technical assistance, and funding, where possible, to their contrac: agencies. Computer System Backup and Recovery As defined in Ch~.pter 44--4.070, F~orida Administrative Code, each Area Agency on Aging, ~-nong other requirements, must anticipate and prepare for the loss of ir~'ovmation processing capabilities. The routine backing up of data and ~ot%w~re is required to recover from losses or outages of the computer system. Data ~oftw~re essential to the continued operation of provider functions must be backed up. The security controls over the backup resources s}'MI be ~ Stringent as the protection required of the primary re$ource~ Comprehensive Assessment R~v~¢w and Evaluation for Long Term Care S~rvie.~ (CAP, ES) Program Those persons who ace functionally ass~-sscd by the Comprehen.sive ~t Review ~nd Evaluation for Long Term C~ Service~ (CARES) Program to be at risk of placement in an institution and referred to the Alzheimer's Disease Initiative Program will be given primary consideration for setwices to prevent institufiomfl placement. Client Inforrrmion and Registration Tracking System (CERTS) The Area Agency on Aging ~ employ a Local Area Network (LAN) Administrator who shall aussure Area Agency on Aging compliance with the requirements of the "LAN ~lrninistrator Ouiddines" adopted by the department. These "C, uid-Aines" delineate the rolem ~d responsibilities of the Local Area Network Administrator. The Area Agency on Aging shill 17 I Agenda I JUL 2 ~i 08/01/97 Contract No. ~ any other support necessary for full "LAN Administrator Guidelines" compliance. Area Agencies will ensure the collection and maintenance of Alz.heimer's Disease Initiative (ADI) client and service information on a monthly basis fi-om the Client Information and Registration System (C[RTS). Maintenance includes valid exports and backups of all data and systems ~,cording to department standards. Lead Agencies must enter all required data per thc Area Agency ClRTS Policy Guidelines for ADI clients and secvices in the CIRTS on a monthly basis. ADI units of service may be entered according to the agency schedule, in aggregate on the 31 st or d,.ily, weekly or monthly. Lead Agencies will run monthly CIRTS reports and verify that client ~nd service data in, thc CLRTS is accurate. This report must be submitted to the Area Agency ',x~,th the monthly rcqucs~ for payment arzf expenditure report for review before any rcque.:t for payment can be approved. Failure to ensure the coffection ~nd maintenance of the C[RTS dat~ may result in the Agm~cy enacfng the "Sus pension" clause of this contrac~ (see Sex:don III, D) 14. Co-payment Collections Upon advancement of funds to the Service Provider, the AAA will hold back from distribution and payment to providers, an amount equal to 5 percent (5%) of the total award for the contr~= year. The amount of funds so h~d back shall be released to a provider upon collection by the provider, by February 15, of 50 percent (50%) of the total co-payments projected for collection'by the provider for the contract year. Within three business days of February 15, the AAA will de~'mine which providers have collec~_~_, on or before February 15, 50 percent (50%) of their total proj~ed srmusl c.o-p~yments. The AAA will rele~s~ to e~_ch provide~ all funds so held b~ck bom such provider. The AAA ~ rezlloc.~te all funds held back from providers who fail, by February 15, to collect 50 percent (50%) of their total projeaed ~ co-payments. Ail such funds held back will be distributed pro r~ta only to providers who have coUected, by Februm-ff 15, 50 percent (50%) of their total annual projected co-payments. 08/01/97 Contract No. ~_X_Q.~-~0-c)7 O Name, Mailing and Street Address of Payee: 1. The na~rne (provider name as shown on page 1 of this contract) and mailing address of thc official payee to whom the payment shall be made: Project DLrector Collier County Board of County Commlsdoners Collier County Government Center, Building H Naples, Florlda 34112 The name of the conta~ person, stree~ ~dress a~nd telephone number where financial and administrative records are maintained: Project Director Collier County Board of County Commissioners Collier County Go'comment Center, Building H Naples, Florida 34112 (941) 732-2681 19 lgeeqa, l~te~ ~1~ I JUL2919~? I os/o~/~? Contr~ No. ~ IN WITNESS THEREOF, the panb'.s hereto have caused this 26 page contract to be exec~ed by tbe~r undersigned of~c~aJs a~ duly amhodzed. PROVIDER: Collier County Bogd o£ County Commissioners Area Agency on Aging for Southwest Florida, Inc. SIGNED SIGNED BY: BY: Timothy L. Hancock NAME: Anna Vann Till. E: Ch~ Lrrr~n DATE:_ .rLq_y .ql. 1997 TITLE: Board President DATE:_ ]ULY 31. 1997 FI.DER. AL ID Iq'UM~ER: 59 600 0538 PROVIDER FISCAL YEAR ENDING DATE: 10/1/97 Approved as to legal form and sufficiency: Rmmiro Manalich, Chief Assistant Coun t7 Attorney 2O JUL 2 g 1997 Conlra¢! No. ~ ATTACHMENT I FINANCIAL AND COMPLIANCE AUDITS This awachm~nt is applicablc. ~ ~= pro, der or ~z~ he~i~tr ~fc~ ~ ~ pr~der, is ~y I~ g~c~nt end~. ~[ or~do~ or for-profi~ oral,ion. PART I: SINGL£ AUDIT T'~is pa~ is applicable i/' th~ p~r is a I~ govern{ cnd~ or nonpmfi~ or~on ~d ~iv~ a I~ a~ ~g ils fi~ y~. ~ p~r ~ "~iv~" ~ when it ~ ~ ~h ~m ~ age~ or w~n it w~ch ~11 ~ ~imb~ by ~c agent. ~c pro~er a~ ~o ~vc ~ ~ fi~ ~d ~mpli~ aunt ~ffo~ ~ ind~cnt a~to~ in a~r~ ~e~cnt Au~n~ ("Yellow ~k") i~ ~ ~e ~mp~ollcr ~ne~ of~e U~t~ S~t~. ~ g~c~n~ s~l rumply IR ' . . ~r ~ ~r Non~6~ ~ ~ ~ ~ ~ ~ ~ ~ ~r ~ eno~ or~Oon for i~ude ~ on inte~ ~n~ol ~d ~mpli~. ~e aunt ~ s~l Jncludc a ~h~e offi~ci~ ~i~ Co~l~ ~ ~1~ ~ ~n~ ~ ~ agc~ ~ ~ ~ on ~ ~n~ r~uircmen~, inclu~ng any ~ ~c~ ~ ~ ~n~. ~ a~k, ~ a~t ~n sh~l include a ~mpu~on shog~ng whc~er or ~1 ~tc~ng ~mcn~ ~n~ involve. ~ r~ircmcn~ do no~ e~ ~e ~ of~e au~[ ~ pr~ by ~e "Yellow ~k'. ~q~ g~ ai~< approp~aoe~. ~i~ of ~e E~cial ~d ~mpli~ audit rc~ ~gemcnl lener, ~ ~1 ~er ~e~nd~n~, ff~y, ~Ia~ to inde~ndent audios, o~cr ~ ~c Auditor ~ne~d. s~l ~ ~b~t~ ~n l~0 ~ys ~er ~e end of ~e pr~s ~e~s~ r~ by ~qoH~ S~mt~. go ~c follo~ng: A. Fi~ ~gcr ~ Agcn~ on Aging 2285 Fi~ Fo~ Myer, ~o~ B. Sub.mt to th/s ~ldu-css only those repo~ prepared in ~cordanc~ with OMB Circular A-133: Fo~eml Audit Clca,'inghous~ U.S. Bm'tau of the Census Seffcrsonvillc, Ir~ana 4 713 2 C. Submit In ~ ,xtdr~ss ordy those reports prepared in accordanc~ with the rules of the Auditor Genera. I, chapter 10.600: Jim Dwycr Office of the Auditor General P.O, Box 173.5 TaJlaha. s.se~, Florida 32302 The provider shall ensure that audit working papers ar~ made ava]lable to the agency, or its designee, upon ri:quest for a ~riod of five from the date the aucLit report is issued, unless exXendocl in writing by the agcnt~. JUL 2 9 19~? 08/01/97 Contract No. ~ PART Il: GRANTS AJ~'D AIDS AUDIT/ATTESTATION part il applicable i~ the provider b ·warded f%ands from · graatz Jmd aid appmprhtion, arid f. tither (1) · local love·meat entity ar roflt or~mb, aflotq reccf~m~ · Iota] of Jes, th. tn S2~,000 from the agenc'y durir~ itl f'uca] year or (2) · for-profit orlanJLZatbza race,via; sm4xrd from the acert"y. The pr~r has "race-Ned" ~ when il kaz obtained csah from the agen, c'y or when I! luJ kx'urred expem~ wk~k wUI be reimb~f-~ed by t~e a~eflcy. [f the &mount recelyed from grzats tad -ids .~pproprtaflee awards e.ceedi $100,000, the provider agree; ta kava aa twdlt i~rfonn~d by nm in~ependm~ ear··,fled pubLLc h:x:x)ur~&r, and subm~ · compUaflee rep4art(s) in ·cc·rd·mot with the razes of t~e Auditor Ctaer&L ok·peer 10.&O0. Tbe f. Jd~ rty~ff du~ fn~u~ · K~tdttLe of fLrkt~L~ ustttafl~ hi d~:k)st~ e~h stat~ c~fr~ by number &nd iadttttff wh~h c~drucU art fNdeded rmm start [rtntl e.nd -idf approprLittoc~L Compgtaot flnd~p rt4ak~d to eontrK~ w~th the agency du~ be ba~ed oe the ~tract req~remenh, inoludia~ any rule., regu~t~ er rt~trmoed ia ~he c~tr~ct ~re ~oplk~b~ the &nd~ report shall include · c~mputatiofl showL~ whether or no( matci~ req~rem4mu were ~ A! questie~ed coltJ and IL~Eit~[ due to ~ a~ency shaU be t"~cu~ted aad ~ db. cl0sed ia the audit report with refereaoe te ~ ~tro~ involved. If' ~ amo~mt rNecx:J~ed from [rn~tl ed ·1ds approprlatJofl aw·rd· ·:ce·ds $2~,000, but does not e:c~ed $100,000, the provider may have mi audit ·s de~Hbed ab·ye or It·ye · statement prepared by aa independent c~rflr~td publk ace·un·aa· wh~h attests that ~e p~vJder Iud camped wtd~ ~e pro*Lskms efall coffer·ct· funded by · &rn~ts arid Aids ·ppropriaftork Zf tile a.m.gum rex:~tved from ]trm~t: and aids appraprtar~n awards de. es not ezce~d 52S,000, ~ provider wlU }tare *he I~,,,~1 of the entit org~t4,on artt~t, u~der penalties ef perjury, that the arg~-rtb, aHon ~as complied with the provisions ·rah controcts funded by a grsmh ami Cap[.-s ·f the audit report tad aU other c~rresponden~e, it' any, retnted to audits pen'ormed by the independent ·uditor. or ~ art·stab se'tcme~st, thalJ I~ submitted withLn 150 days after t~e pravlder's f'ueal ),ear end to the. A. Fin. tnc~ Dirtcter A rt~ Agency ea A~.ng 22,~$ Finf Street For~ Myerl, Fi~Hda 33901 ~ ~: t~e Auditor General P.O. Bo~ 173.5 TaL%/~u~ee, Florida .32302 T~Je prov~dr a~itU e~uure thJt audit workt~l: papers · re made avail-bi· to ~ agency, or its deslgr, e% upon request for · period of five ~tears froo~ the da~e t~e mddit report is issued, u.t~Less extended tn wHttn~ by the agency. PART 1~I: NO AUDIT REQU~=EM~NT This ptrt b appL~abia if the prm~ter is not awarded funds fi'em · gr&~ts ·ad -Ids ·pproprlatio~, &nd ia e~tber (1) a Joc~ gov·reantm ei.fi~, or nmlprefb oel;ae~tflml reee, S'e~g · total of it-, than $2.S,000 from the agency during its f'tsc~ year or (2) · for-profit organJtZatiaa re·dying am·urn fr~n lie qmc-y. The prvvkLtr has "re·dyed' ftm~ when It luu obtained ctsh from the agency er when it has im:~rred expenk~ which wKI be retmbureed by the agency, The prov~er h.u ne audlf or attestatfo4~ stat·me·:· required by ~ attachment. 22 o~/o~/97 Contract No. ~ PSA .. AGENCY: ALT-I~_,[iMER'S DISEASE INITIATIVE BUDGET Original Amendment I. Respite 2. Model Aduit Day Care* 3. Total INSTRUCTIONS: PSA: Enter Plartn~:ng and Service A~e~ number AGENCY: Enter legal name of area .~g~ncy Original/Am~,~dment: Enter X for original or number of ~a'nendment. As an example, 1 for ifa'st, 2 for cecond, etc. Line i: Enter amount of ADI funds allocated for respite Line 2: Enter amount o£ADI funds allocated for model ~utt day care Line 3: Enter total * Not applicable in all PSA's. Enter N/A fi'this is not a funded service by the Department of Eidw Affairs. 23 ATTACHMENT IV MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ACTIONS DEEMI~D TERIvmqATIONS. SUSPENSIONS_ OR RFDUCTIONS l~[ SERVICE: TRANSFERS OR DISCHARGES: AND ADVERSE DETERMTNATIONS RELATTNG TO ~G OR ANNUAL REVIEW. NOTICE OF DECISION OF ACTON TO BE TAKEN AND ~ATION OF THE GRIEVANCE PROCEDURE ~ REVIEW~G THAT DECISION Notice of de~ision ~ an explanation of fl~e griev~-a:~ pn:~dur~ musl ~ ~on ~ll ~ ~en. ~fior notice is n~ ~pli~le w~ ~atcl~ ~er, no~ m~ ~ ~dc ~ N~ m~ ~n~n: a ~te~nl ofw~t ~on is inlend~ to ~ ~ for ~ imc~ a~on; ~ ~&c law, role, m~la~oo, or c~ge ofhw an ~pl~uoa of: m~ ~ offe~ and ~l~le · e in~'2d~'s fi$hk ~r a ~e~ ~, for ~ ap~l. · e right to ~k ~ ~gh ~ ~ ffa~li~le; ~ ~rdz of ~ ~e a~d~ m~ ~ p~ ~ ~n ~den~. GKIEVANCZE REVIEW PROCEDURE UPON ~Y RECEIPT OF A WRYlTEN REQUEST FOR REVIEW · Within 7 caletgh~ days of the recei~ ofa m:tuest f~ ~,w, tl~ pr~,4d~ must acknowledge n:ceii~ of the rr~:s~ by · wriuea ~at~t delive~d ~ th~ t~ltw, s~r. This statr, rn~a mu~ ~ provi~ notice of: the ti~e a~d pi~c ~.hedul~l for the review, issue; the oppommity to examine, m a rmson~ie time before the s~.view, the individual,s own case a~ · rmsonablc time befo~ or during the review; a corona p~wn fo~ ar~ accommodations n~tuimd under the ~with Disabilities Act; Ibc ~opping of ~ inler~xt action until all ~ a~: exhausted. I~n directly involwd in the initial d~rmin~tion of the a~tioa in question. The reviewer(s) mus~ provide written no6.fic~tion ~o the requester within 7 calendar* ~ys at~ the grievanc~ ~wiew of: tbe decision, s~ating the re. asons therffom in Ihe e. ffecl the dacision ha~ on cun~n! benefits, fffavo~le, or the circumslances r~gardin~_ -~ , continuation of cu.rr~nt benefits until all appeals at~ exl~usled; 1 24 '[ JUL 2 08/01/97 Contract No. AD~ the ind~vidu, ai '~ fight ~o appeal an ~h, erse decision Io the Ama A~ency on A~ia~ by written requcs~ ~4tlfin ? calendar' days; the availability of a.~ir, ancc in writing,, submitting amd delivering the appeal to the appropriate agency', the oppon~xity to be rr. prc~nt~ by ~r~tf or by ler~ court, l, · relative. · friend or other qualified rcprc~ntative. PROCEDUP, E FOR APPEAI~ OF A GILIEVANCE REVIEW DECiSION UPON TIMELY RE _C;:nrl' OF A WPo I ~ r.N APPEAL TO THE AKEA AGENCY ON AGING · Within 7 calendar* day~ off' the rcc~pt o(a nocice of appeal of a griev'ance rc~4ew decir, io~ ~ ~ m~ ~ ~ of the notice of appeal by a written statement delivered to th~ appellant. This statement mu.si al.va provide ~ of: the time and place scheduled for the appeal; the designation ofon~ or morc impartial AAA officials who have not boen involved in ~ decision at is.sue; the opportunity to examine at a rea.sonabl¢ time before thc appeal the i~lividual's own ca~e record to date, and to a copy of such ca.se record at no ~ost to the individual; the opportunity to informally prcc~nt argument, evidence, or wime. s$~ without undu~ interference during the appe.~l; a.i.si~'tance, il' needed, in order to atlend the appeal; and the ~'topping of the intended action until ail appeals arc exhausted. · All a0peaLs of grio,a.q~c rt'view~ mu~ be. oondc~__ty3_ at a p-.a_nop, ab]¢ time, gat.- al~d plate by olde or mote impartiai AAA o~cials who have, no~ been dircc"tly involved in the initi~l determination of thc action in qucslion. · 'i-he desigrtatcd AAA official(s) mu~t provide written notification to tlz r~qu-~'ter within 7 calendar* day~ al~r considering thc grievance review appeal of: the decision, ~,aLing the rca.so.,,.s thercforc in detail; the effect the decision ka$ on current be. nc.fits, if favorable, or tlz ci~ccs regarding continuation Of CU/T~II[ beaefits until all appeals acc cxhaucted; ~ the individua. I's fight to appeal. Lf applicable. Except for Medicaid Waiver actiorta, the dociaion of V ~ AAA a'xall be the f:mal __,3o~_~ion. For ,Medicaid Wai~cr a..-'tior..~ the wfi.'t~cn aotificat~oo must al~ pwvide notice of the individuaVa righ{ to app,'-'.~ an advcr~, dt~aion to thc Agency on Headth Care Admi~tion (AHCA) for a fair heating preceeu~c 0,4edicaid Waiver actions only); and the avaiL'~bility of a~ip. ance in requesting a fair hearing, ir~luding a notice regarding accommodatior, c as rcqu.ircd by LM ADA. .MI ~ccor~ of the. above a,:tivitica mu.sa be prcserecxi and remain ~onfidential. * In computing, any period of time pre$:ribed or ~l~w~ by tb~ ~id~iu~ ~e I~ day ~ ~ ~ ~ ~ ~ ~ ~ ~ther a Sam~ay, ~nday, ~r ~ holiday. NO~: ~ S~ 42 ~.~ ~1~ ~d ~ ~ 5~L01~ ~ ~d ~ F~'F~r H~' ~d ~ P~du~~ 25 JUL 2 ~ L~7 ~ 08/01/97 Contrac~ No. ~ CONTRACT REPORT CALENDAR ATTACH]~[ENT III ATTAC]IMENT ADVANCE BASIS CONTRACT ALZHEIMERS'S DISEASE INITIATIVE Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Month Based On Submit to State on July Advance* August 1 August Advance* August 1 September July Expenditure Report september 10 October August Expenditure Report October 10 November September Expenditure Report November 10 December October Expenditure Report December 10 January November Expenditure Report January 10 February December Expenditure Report February 10 March January Expenditure Report March 10 April February Expenditure Report April 10 May March Expenditure Report May 10 June April Expenditure Report June 10 July. Adv. Recon. May Expenditure Report July 10 Aug. Adv. Reco. June Expenditure Report August 10 Aug. Adv. Recon. Final Request for Payment August 20 ** Closeout Report September 10 Legend: Note # 1: Note f 2: Note ~ 3: 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 Agency , payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to August 1, or until the contract with the Agency has been executed and a copy sent to the Comptroller. Actual submission of ~he vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. A final request for payment may be submitted to the Agency by the provider up to 45 days after the contract has ended. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 26 $1'ANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwe~ Florida, Inc.. hereinafter rcf~,'rod Io ~s the "~e~i~-y', ~ ~d of C~u~v C~mmi~_~tnnm-~ herein~l~er r~'erred to ~ the 'provider'. I. Provider ,4~rees: Do The Applicazion of Coj1Z~Cou,uiy_.~~.u.cuj~ for ~e Commtmity C~re f~ the ~d~ly ~ f~ Au~ ], 1~7 ~ Ju~ 30, 1~, a~ ~y r~is~ ~o ~rov~ by ~e ~ency ~nd I~t~ in ~e agency's file, ~e r~f~en~ ~ a p~ of ~qi~ legM agr~t ~w~ · e agency ~ ~e provide, a~ pr~i~ the s~i~ w be r~ by ~% pmvi~. Mann~ ~f ~i~ ~hion: T'ne ~rvic~ will be. pruvid~ in a manner cons;stent wit,h {md d~cribed in the Application for the Commur, iry Care for '..he Elderly fur~.ts for August ~[.CL~~ the 1, 1997 to Sune 30, 1998 of ~ Dcpartu~nt. of Eider Affairs Progranu and Service~ Maoual, and the agency Reque¢..4 for Fropos~ dated J'ur, e, 1997, to which provider re, potted, la the evem he manual is revL~ed, the contra~ will incorl~orate an), such rt'vision and the previder will be gNez~ a ropy of the revifion. The provider ~,al! comply with the provL~iom of 45 CI:;R, Part 74, :md/or 45 CFR, Pact 92, and '.4.h. ec regulation, if applicable. 2. The provider ahail comply with the provisiom of the U.S. Depa.r~,e~t of ~nal Sate~y and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: The provider giv~ this assurance in consideration of and for the purpose of obtaining federal grmtz, lores, co~aczs (except contracu of imurance or guaranty), property, disooum$, or other federal financial assistance to programs or activities receiving or benefiting from federal financial a~si.max~. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if s~'vices are provided to eJiems s~1 if fifteen (15) or more persona are employed. The Provider Assurea that it will comply with: ,JUL 08/01/96 Eo 1. Title VI of the Civil Rights Act of 1964, as ~snended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 19'73, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of haz~dicap in program~ and activities receiving or benefiting from federal financial assistance. 3. Title IX o:' the F. zlucation Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education program~ and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 19'/5, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the b~xis of age in programs or activities receiving or benefiting from federal financial ~sistance. 5. Section 6.9t of the OrrmJbus Budget Recenciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6. The Amcriccans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination again.st, and provides equal opportunities for individuals with diszbilities, in employment, public services, and public accommodations. 7. Ail rcg~zdons, guiddines, and standards ~s are mw or may be lawfully ~doptM pursuant to the above statute. 8. The provider shall establish proc~lures to handle complaints of discrimination involving servicm or benefits through this contract. The provider shall advis~ clients, employe~s, and participants of the right to file a complaint, the right to aOl:a:al a denial or exclusion from the se~-eice~ or benefits from this contract, and their ri~t to a fair h~xring. Complaints of dLscrim~on involving services or benefits through this contract tray also be fried with the ~gcncy or the a0propriate federal or state a~ency. 9. The provider flzrther assures that all contractors, subcontractors, sub~'antee:s, or others with whom it arranges to provide services will comply with the applicable laws and regulations as oudined above. Requirements of S~ction 2,8?.058, Floridn Statutes: 1. To submit bills for fees or o~er compemation for services or expe4ases in sufficient detail for a pruper pre-audit and post-audit thereof. 2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statute. I JUL291997 To provide units of deliverzbles, including report, findings, and drafts as specified in this contract and the Application for the Conu'nunity C, axe for the Elderly funds for August I, 1997 to June 30, 1998 to be received and accepted by the agency prior to payment. 4o To allow public access to all document~, papers, letter~, or other materials ~ubject to the provisions of Chapter 119, Florida Statutes, a~d made or received by the provkler in conjunction with this contract. F. Withholdings and Otl'~er Benefits: The Provider is responsible for Social Security and Income Tax withholdings. G. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Starates, file provisions of thi~ section do not apply. Provider agrees that it will inderrmify, defend, and hold harmless the agency a~/or shue and all of the agency and/or sUte's officers, agent.% a~ employees from any claim, loss, dra'r~e, cost, ~ge, or expense arising out of amy ac'u, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the pefforrnznce of the contract, whether direct or indirect, a~l whether to amy person or property to which the agency and/or state or said parties may be subject, except that neither provider nor any of its subc:on~--acxors will be liable under t.~is section for damages arising out of injury or damage to per,:ons or properD' directly caused or resulting from the szfle negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agency and/or state in the defer:se and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or szate's notice of claim for indemnification to provider. Provider's inabLlity to ev-,sluale liability or ils evaluation of liability shall not excu.ge provider's duty to defend a.'xl i~dernnify the ag'~ncy av~l/or state, upon notice by the agency amd/or stye. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically f'mding the agency and/or state solely negligent al'sail excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its erfforcemem by the agency a~d/or state. Agency amd/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. H. Insursnee and Bonding: To provide ~equate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provider accq~ full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the I"--Agenda ~o. tt~ t JUL 2-9-1997 Og/O 1/96 clients to be s~'ved under this contract. Upon the execution of this contrac~ the provider shall fiu-~h the ag~'~_-y and/or ~ written v~,fication supporting both the determination znd existence of such insurance coverage. Such coverage may be provided by a self- insurance program estzbiished and operating under the laws of the Stye of Florida. The agency sad/or state reserves the right to require additional insurance where appropriate. To furnish an bxgu'ance bond from a respons~le commercial insurance company covering all office~, directors, employees s~d agents of the provider authorized to handle funds received or disbursed under this conu'act in an amount conunensurate with the funds ha-,~ed, the degree of risk ~ determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of Ii'ability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in sec~on %8.28, Florida Statutes. (See also Indemnification clause.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has re.~sonable cause to suspect, that a child, aged person or disabled adult is or has been abused, negleczed, or exploited, shall in:mediately report such knowledge or suspicion to the central ab~se registry a.M tracking system of the State of Florida on the single sutewide toll-free telephone number (I-g00-96ABUSE). The provider will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who aze d~ermined to be at risk of institutionalization and victims of abuse, neglect, or exploitation a~d who are ref-.,,'red by Adult Protective Services will be given primary consideration for receiving Communal7 Care for the Elderly Services. Tr~.nsportation Disadvanlaged: If clie~ are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Admini-~ltive Code. Purchasing: Procurement of Products or Materials with Recycled Content That any products or ~s which are the subjec~ of, or are required to carry out this cone'act shall be procured in accordance with the provisions of Section 403.7065 ~ 287.045, Florida Statutes. Age & t m NO U L 2 9 1997 08~01/96 L. Sponsorship: As required in Section 286.25, F'torida Staoates, ffthe provider is a nongovernmentaJ organization which sporaors a progra~ ~ wholly or in part by szate funds, including any funds obtained through thls contract, it shah in publicizing, adverlising or de~cribing the sponsot-,bip of the program, gate: "Sponsored by Collier County Board of Coun .fy Commh~,doner,x_ Area A~eac7 on Aging for Southwet, t Florida, Inc. and the ~me of Florida~ Department of EI~ Affairs". If the spomors/~ rd~e~e ~s in written materiaJ the words "Area Agency on Aging for Southwe~ FlorkLx, Inc. md the Start of Florida, Depa~-nent of FAder Affairs' sh~ll appear in the same size ]ecters and type ts the name of the organization. M. ~ at' Funds Fro' Lobbyin& Prohibited: To comply with the ptovisiota of Section 216.~47, Florida Statutes, which prohibit expe~kur~ of comracl funds for the purpose of lobbying the l.egi~lamre~ a j~dic, gal staze agency. N. Audits smd Records: To maintzin book.s, records, and documents audit, copy, or remeval from pemdsas b7 ~ p~rsenmd anal s~.atsorized by the ~gency, as ~ell as b,), ~ ~ i~'ai~icable. To ixovide a ~ and oompliamce audit m ee aem~ ~ ~ I and to ensure that ~Ii related party wamacfio~ are a-m:tosed m ~e mdi~or. To include these applicable aforememk:med audit and retard keepin~ requirements in ~11 approved subcorm'acu and assignmems. This contrac~ is fimded from a grants and aids sppropriaion. / / JUL ~ 9 1:,~/ r O. Po Employment If the l:m:wider i~ a rxm-government~l organization, k is expressly understood and agreed th~ the the provider will no~ ImowLngly employ ~d ~lien worken. Such employment constitutes · violaxion of the employment provisions as de~ermined pursuant to section 274A(e) of the Immigration Nationality Act (INA), $ U.S.C. $. 1324 · (el ('section 274A(e)"). Violation of the ~ provisions as de~ermined pursuant to section 274A(e) shall be grounds tbr unilater~ canceJlztion of this contra=. To retain all cliem records, fmar~cial records, supportiag docume~s, statislicai records, and ~ny o~x documents ('including eleca-oaic smrsge media) pertim~ and axlit findings krve ac~ beea rer, c~xl a~ the e~l of five (5) yexrs, the m:ords stsall be Persons duly autborb~ by ase agency ard fa3er~t auditors, purrmam to 45 CFR, Part f, r2.42(c), (1), ~ (2), si~ll -bare fell access m arzl the right to exemine or duplic~ rmy of slid records xnd documev~ during said r~e~ion period or ~s long as records are re~ined, whichever i~ l~:es'. MonitoEng: To provide progress reports, including data reporting requirements as specified by the agency. Ti.ese reports will be used for monitoring progress or performance of the contractual service~ as specified in the approved Community Care for the Elderly Application for August I, 1997 to June 30, 1998. Area ugencies will perform me required administrative monitoring of service providers i~ ~ccorda~ce with the department's unit rate contract ,'~nitoring checklist. To l~e.,-mit persons duly authorLzed by the agency to inspect any records, papers, docume~nts, ,'~cilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performsnce of the terms azxl conditions of this contract. Following such impe:Xicm the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectififf noted deficiencies provided by the agency within the time se~ forth by the agency, or provide the agmcy wi'& · reasonable and acceptable justification for ~e provide~'s failure to correc~ the noted shortcomings. The agency shall de. mine whe~er such f~ilure is mesonable and ac~tx~e. The provider's failure to correct or justify within a re~sonable time as specified by tbe agency may result in the wi~tolding of payments, being deemed in breach or default, or ~rmir~tion of this contract. JilL 08101/96 R. So Safeguarding Information: Not to use or disclose any information concerning a recipient of services under this contract for any purpose except upon written consent of the recipient, or the reclpient's authorized r~presemative. 1. Agency approval of the provider's Application for the Community C. are for the Elderly funds for Augusta 1, 1997 to June 30, 1998 shall corts'titut~ agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the approved provider applica~n. No such approval by the agency of any assigrtme~t or subco~ shall b~ deemed in any event or in any mariner to obligat~ the agency beyond the u:xal dollar amount agreed upon in this conu'a~. All such assignments or subcontrn~ shgl be subjec~ to the conditions of this contract and to any conditions of approval that the agency '.hall deem nex:essary. 2. Uniess o~erwise stated in the contrac~ between the provider and subcontractor, payments made by the provider, to the subcontractor must be within seven ('7) working days afl. er receipt by the provider of full or paztial paymenu from the agency in accordance with section 287.0585, Florida Sutures, Failure to pay within seven O) workin, g days will result in a pe~ry charged against the provider and paid to the subcontractor in the amount of one-half of one pe~rcent of the aur, ount due, per day from the expiration of the period glowed her~in for payment. Such penalty shill be in addition to actual payments ow~ a~ shall not exceed fifteen (15) percent of the outstanding balance due. Flrml Request for Pa.wnmt: To submit the fin,d re~u~t for payment to the agency no more than forty-five (45) days ~r the eonu-~ct er/is or is tenuinated; if the provider fails to do so, ali right to payment Ls forfeited, ~nd the agency will not honor any r~quests submitted after the aforesaid time period. Any paymen! due up. der the terms of this contract may be with.held until all r,wx.'ru due fi'om the provkl~, arid n~ssavy adjusunents there~to, have been approved b_v A final rece~ and expenditure report as a doseout report will be forwarded to the agency within sixty (~) days ~ the contrac~ ends or is terminazed. All monies whic~ I~ve been paid to the provider whic~ have no~ been used to retire outstanding obligations of the contm~ bek~ closed out must be refunded to the a~ency aJong with the final report. of Funda: To return to the agency any overpay'menu due to unearned funds or fund~ disallowed pursua.nt to the terms of this contracI that were disbursed to the provider by the agency: 08/01/~6 The provid~ shall re~urn any cverpaym~t to the agency within thirty (30) c~mcl~ days a,ft~ ~Jth~ dL~ov~y by the provide, or notification by the a~ency, of the overpayment. L~ the ~ven~ tha~ the provid~ o~ its indq~ndent auditor discover~ ~ ovg~'payme~ has b~n made, the provid~ shall repay ~id oveq~ayment within ~birt7 (30) calendar days without prior notification from the agency. In the event ~-,t the agency first discovers an overpayment hzs been made, the agency will notify the provider by letter of such a finding. Should repayment no( be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of notification or discovery. Il. The Agency Agrees: A. Contract .Amount: Subject to the availability of funds, the agency will reimburse no more than a tow dollar amount of $188_034_00 fox sex-¢ices provided in accord~ce with the approved application for Community Care for the Elderly funds, .6~T. ACI.[M~. II to this contract, and the Department of Elder Affair, Program a~ Ser~'ices Manual The services will be reimbursed according to the rate stipulated below for case management, case aide, and transportation servic.~. Lead Agency ~ns will be reLmbu..'z, ed based on actual costs incurred tach month according to Ar, achment tel. The Stzte of Florida's performance and obligation to pay under this contra~ is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. SERVICES REIMBURSEMENT RATE Case Manag:ment S30.57 Transportation $9.35 Lead Agency Operations Cost Reimbursement Amount $ 76_301.00 Contract Payment: Putsuam to Section 215.422, Florida Stautes, the agency shall take no longer than 5 working days to inspoc~ and approve goods and services, unless bid specifications or the contract specifies otherwise. Wkh the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separaze interest penalty sd by the Comptroller pursuant to Section 55.03, Florida Stat'utes, will be due and payable in addition to the invoice amount. Payments to health care providers for A~en t · ~ JilL 2 5 08101/% yment ~, and the Interest pe.~ty is se~ by Subsection 215 422(13), Florida Stands. Invoices returned to a vendor due to preparation errors wU1 rtsult ~ a payment delay. Invoice payment requirements do not sttrt umil a properly completed invoice Is provided to the agency. C. Ymdoe Ombudsman: A Vencbr C)mbu~maa bas been es~blished within the Depanznent of Baakiag and F'man~e. The duties of this individua~ include acting as an advocate for vendors who may be problems in obtaining 0me~y payment(a) from a stae agency. Toe Vendor Ombudsman may be contacted a~ (904) 488-2~24 or by calling the State Comptroller's Hotline, l~rl. Provider and A~ency Mutually A&ree: A. Ffffectl ye Date: 1. ThLs coeca-~ rd~at: begi~ on August I, 1997 or on the datc on which the contra~ has be~ signed by bo~ parties, whichever is lazet. 2. ThLs co,trot ~aJI e~! on June 30, 1998. Method ~ Payment: This is · cont-,',',',',',',',3~ ~ cost reiznbune~ent or' ac~ua~ expe~itur~ for lead ageacy oper~io~s tnd reimbursemerg for ac:mai units of s*rvice delivered paid according to the schedule stipulated ia Stction H.A. Two reports wiJI be subm~d to t~e agency from the provider for reimbursemer~t. T~e Invoice for Service~ aod Co~n report will d~'um~t the actual unit~ of services delivered. A reques~ for pmyn-,~nt and e:~peaditu~ rep~ will be submitted to sapport requests for payment of lead agency operations on the AAA Focm MDOEA I05C. Duplical~e or replicatioa of Ix~ form~ viz data proceuin~ equipmen~ is pa~missible, provided ali data e~eaae~l~ are ~n the sazne format as included on agency forrr~. The provider, ff eligrole, may request a monthly advance for each of the lb'st two' mondu of the coar~ ~, ~ on an~-ipated casa nee~. DeuUed documenmion justlfTia~ the third through the eleventh month shall be b~_sed on the submission of monthly actual expenditure repo~ beginnin~g wkb the ftr~ month of the cozm-act. The schedule for subn~ion of adva;~,e requests is ~ to this comzac~. R~xmciii,stion and recouping of advanc~ made under this contract are to be completed by the t~me the fin~ payment is made. Ail advance payments are subject to the availability of funds. Advance fuz~ n.ay be tempo~y invested by the provider in an insured inter~ ~ account. All interest earned on contra~ fund advances mu~ be returned to tha agency within th~ty (30) days of the cad of the Rrst quarter of the comract period. ~,aen~ J'.te~ ~ Jut 2S [ 08101/9'6 ,4. The provider may request extraordinary cash in addition to the above advance requests in accordance with DOEA Administrative Policy Memorandum Number A0012. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the age~y of gl financial and programmatic report~ due from the provider and a~y adjustments thereto. To submit a complete and ac~'urate quarterly Service Cost Report, DoEA Form 110, to the Fiscal Specialist by October 15, 1997, lanuary 15, 1998, and April 15, 1998. A complete a.'xl accurate tnnual Service Cost Report. DOEA Form ! 10, will be submitted to the agency per subcontract within sixty (60) c;dendar days oflune 30, 1998. The SFY 96-97 Community Care for the Elderly spending authority for your county is $320.640.CEL A Lead Agency must not exceed allocated spending authority limits. A Le-~ Agency wifl have to control vendor billings through care plans so that vendon do not overspend budget allocatiov, s, A Lead Agency will have to monitor vendor billings to ensure care pla~.s are adhe:ed to, The agency will work with a Lead Agency to assure clients biJled for we ~tered in:~ CIRTS, and othec.'ise monitor expenditures for problems that could ~nu'ibut*~ to the Iv..~ agency ezceeding program spewing authority. The ag~cy will furnish the lead agency a monthly report of payments made to vendors. Thee repora will be helpful in identifying program spending patterns among service providers and will assist in the managing of program budgets, Termination: 1. Termination at Will This c~ntram tray be. termiv~ by either panT upon no less than thirty (30) calend~r notice, without cause, units a lesser time is mutually agreo't upon by both panie~, ia writing. Said notice shall be delivered by certified mail, r~-~um receipt requested, or ia person with proof of ddivecy. 2. Termination Because of Lack of Funds la the event fund~ to rUn. ce this coraract become unavailable, the ~geocy may ~ the coturacx upon no less than twmty-fom- (24) bouts notice ia writing to the provider. Saki notre r.~L1 be delivered by certified mail, return receipt requested, or ia person with proof of ddivery. The agency shall be the final authority as to the availability of funds. 3. Termiz~ion for Breach Unless the provider's bre~ch is waived by the agency in writing, or the provider ~ ~.xre the breach wixtfin the time specified by the agency, the agency may, by writxen notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or ia ~ with .o.2.m.~ 7 JUl. 2 0 8 I0119.6 Pr°°fofddiveo'. Lf applicable, the agency may employ the default provisiom ia Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this conlzact ~ not be deemed to be a waiver of any other breach and shall oot be co~crued to be a modifica~on of the terms of this conuact. The provisions herein do mx lizuh the agency's right to remedies at law or to damages. Suspension: I. Reasonable Cause The ageocy may, for reasonable cause, temporary suspend the use of funds by a provider p~'x:ling corrective action, or pending a decision of terminating the contract. Re. uonable cause is suc~ cause ~ would compeJ a r~asonable person to suspe.,',d the ,.~ of fun~ts pursua~ m ~his contract; k incJudc~, but is r~ limited to, the provider'$ failure to permit inspect, ion of recorc[s, or to provide reporLs, or to rectify deficiencies noted by the a,~ency within the time specified by the agency, or to utilize funds as agreed in this contract, or such other cause as migh~ constitute breach of any of the terms of this c. ontrac~. 2. The agency may prohibit the provider from receiving further payments ;md may prohibit the provider from incurring additional obligations of funds. The suspension may apply to a~y pan, or to all of the provider'$ obligations. 3. To s,.b-'pend opera~ons of the provider, the agentT will notify the provider ia wrJtir~ by Certified Mail of: the action u, ken, the reason(s) for such action; and the condifiom of the suspension. The rx~ifi.,'~Jon will zJso ir,~icate: what corrective actions au'e m~:er~sary to remove the suspension; the provider's right to ~n administrative beazing; a.nd. give the provid~ the a~pmpriate time period to request a,n administrative hearing before the effoc~ve ~ of e,e suspension (tud~ss provider ac~ons warrant an immediate suspension). No~ioe mind Contact: The representative of the agency responsible for the administration of this contract is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 228~ FLr~ Street Fort Myers, Florida 33901 (941) 332-4233 05101/96 Fo Go The name, add~ess, a~d telephone number of the represen'.~ve of ~he provkier responsible for ~lministration of the progr~n under this contact is: Ih'eject Director Collier County Board of County Commissioners Collier Courtty Government Center, Building H Naples, Florida 34112 (941) 774-8443 La the event that different representatives are designaed by either party after execution of this contract, notice of the name ~nd ~ddress of the new representw, ive wUl be re,~dered in writing to the other piny and ~aid notification attached to originals of this contr~:t. Re.negotiation or Modification: 1. Modifications of provisions of this contract shall only be. valid when they t~ve been rexfuced to writing and duly signed. The parties agree to rcncgotiate this contr~zt if revisions of ~ny applicable laws, or regulations make changes in this contract n~. 2. The r~te of payment a.ml th~ total dollar asnount may be adjusted retroactively to reflect price level increas~ ~xl changes in the rate of payment when these have been established throug~ the appropriations process and subsequently identifi~ in the ~gency's operating budgeL Special Provisiort~: I. triarch The provider will assure that there will be a match requirement of at least 10 percent of the cost for all services. The subcontract provider's ma~ch will be mide in the form of cash znd/or in kind resources. At the e. nd of the contract period, ~11 Community C.,re for the Elderly funds cxpe:~led must be properly ma~ched. State L~ws ~ Regulations The provider ~rees to comply wi& ~plic.~ble ire'ts of Rtde 58C-1, Florida Aclmini_~x'igive Code promulgaled for ~dmini.~r~Jon of Sections 430.201 tlumsg~ 430.207, Florida Statutes, and the D~partment of Elder Afl. airs Programs and Services M~ntuxl. · The l:nuvid~x ~grees to comply with the ~pplic~ble p~x~visiom of Se~:tiom ~7.021 and 97.058, Florida Statutes, and gl rules r~l~ted th~eto i, tbe Flofi~ Administr~ive Code. 12 08~O !/96 Nonexpendable Property Nonexpendable propex13, is defined aa tangible property of a nonconsumable nature that has an acquisition cost of $500 or more per unit, and an ~ life of at least one year; and hardback bound books that ~entn circulated to students or the general public, the value or cost of which is $I00 or more. Hardback books with a value or cost of $25 or more should be classified aa an OCO expenditure only if they are circulated to students or to the getm'al public. All such property, purchased under this contxact shall be listed on the property records of the provider. Said listing shall include a description of the property, taxx:Id nu:rnber, manufacturer's sta'ial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit co.~. property inventory number and information on the location, use and condition, Ixansfer, zeplacement, or disposition of the property. AJI such property pm-chased undo' the conu'ac~ shall be inventoried annually. An inventory report will be submitted to the agency upon requesi by the ag.~.cy. Title (ovener~hip) to all nonexpendable property acquired with lands from this contract sh~l be vested in the agency g, DO. tL~e:lp!etion At n~ ti. me shall the provider dispose of nonexpendable property purchased under this contract except with the permission of. and in accordance with instructions from the agency. A revised provider application (only applicable pages) is required prior to the purchase of any item of nonexpendable propert, y not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Infonna~n Technology Resources (TLR) as part of this contract. An ITR worksheet is required for any computer re.l'~.ed item costing $500.00 or more, including data procd:ssing hardware, software, services, supplies, maintenance, training, personnd and facilities. The provider agrees to secure prior writttn approval through the agency from the agency's Network Administrator for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval on the rIR worksheeL The provider bas the responsibility to require that their subcontxactors comply with the ageacy's ITR procedures. 13 Reports The provider a~ees to submit complete and ~o_,rat~ Quarterly CCE/HCE~ADI Progrmn Reporm to the Program Special~ by October 15, 1997, J~nuary 15, 1998, April 15, 199~, ~n~ July 15, 1998. Corn~let~ tnd ~...~ur~e quaz~'ly Service Cost Reports, DoEA Form 110, must be submitted to the Fiscal Sp~ctal~ by October 15, 1997, J~mtazy 15, 1998, and Atx-O 15, 1998. A complete and accur,~ annual Service Cost Repo~ DOEA Form 110, will be submitted to the agency pe~ subcomna wkbin sixty (60) calendar day~ of June 30, 1998. A complete an~ accur~e Annuzl Transporta~n Report must be SUbmkted to the Program SpeciaJist by September I, 1998. 5. Cepyright Cla~e Wh, erc activities suplx~rted by this contract produce original writing, sound recordings, pi ~c~oria~ reproduc~io,':% drawings or other graphic representation and wor~s of any simi~a~ nauru-e, the ~ge~cy ha~ th-. tight to use, duplicate and disclose such rrtateri~ls in whole o~ pa~, in ~ny manner, for any purj~se whatsoever and to have others aaing on be~f of agency do so. if d~e m~ri,~s so devdol:~l are subjcc'~ to copyright, trademark or patent, ~ 1~ tide =~ ev~y right, int~t, claim or dem~d of ~y ki~ in ~ to any pal~, ~, copyright, or ~pii~tion for ~e ~e, will vest in the S~e of Florida, D~n~ ~ S~, f~ the ~d~ive ~e ~ ~t of~e ~tate. ~u~t w S~on 2~.~i, ~ S~, ~ ~n, ~ or ~n, ~udLng ~ m ~is ~n~a~, sh~l ~ ~lide~ to use ~e ~p~ight, pa[ent or ~k wi~out ~e prior ~i~en ~t of ~e D~t of S~te. 6. Grievance and Appeal Procedures 'lT.~e pro,~de~ wLl! a~su~e ~a~ proctdu~es ~e in place for haz~ing complainu from persons who compl~in tha~ service has been denied, terminated or reduced improperly u ouflimd in 58C-1.003(1)(a)20 Florida Administrative Code a~l the Department of Elder Affairs ]~ograms ~ Services Manual 7. Investigation of Allegations Any report that impliea criminal iment on the pan of · ~,ervice provider agency and referred to the sine attorney must be ~ to the ageacy. The provider must iarvestigate alleg~riom regarding f~sificafion of dient information, t, ervice records, paymen~ requests, and ocher related information. 8. Sigtmure All coee'ac~ and srnendmeats must be signed by the President of ~e ~ of D~ ~ ~e ~, or ~ o~ offi~ or m~ of ~e ~ ~ d~i~t~ by ~e ~ of Dir~. 14 jlJ! 2 9 1~97 08/01/<~ 10. 11. 12. Dis~ter tn prep~ation for the thr~ of ~n emergency event a.% d~ ~ ~e S~e of ~or~ ~mpr~emive Em~g~cy M~g~ PI~, ~e D~ of ~d~ Aff~ ~y ex~c~ ~ri~ ov~ ~ ~ ~ or s~i~ p~v~ ~ ord~ ~ ~1~ pr~n~ a~iviti~ ~ improve ~e ~f~ of ~e ~d~ly ~ ~e ~r~t~ ~ ~ ~ ~e ~ ~ ~ ~i~ p~ ~U~ ~ ~d~ ~ minim~ ~e ~ti~ ~p~ of~e ~. ~ ~ w~i ~ w~ ~e ~ng rol~ ~ r~ibiliti~ of ~e ~ gency ~ i~ s~i~ provides. In the event the i~'esident of the United Stat~ or ~e ~v~r of ~e S~e of ~or~a ~ a d~ ~ a ~ of em~g~c~, ~e D~t of EId~ Affairs may ex~clsc ~d~ ovff ~n ~ ~y or s~i~ provid~ in ord~ ~ ~pl~t ~~ r~ief m~ a~/or ~iviti~. ~y ~e S~ or D~uty S~r~y or his or her d~ign~ of ~e ~~ of Eider Affairs ~h~l have such au~ority ~ order ~e implemen~ion of such m~ur~. All a~io~ dir~M by ~e D~ment of Eider Affairs under ~is s~ian shall be for the pu~se of e~uring the h~, saf~y and welf~e of ~e dderly in the dis~ter ~. Computer System Backup ~r,d Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each service provider, among other r~uirement.s, must ~micipate ~d prepare for the lox of information proctssLng cap~[li6~. ~'i'~nc routine ba~lr~.g up of data '.nd software is required to recover from losses or outages of the computer syslcm. Data and sof~ware essential to the continued operalion of agency functions must be backed up. The socuri~ controls over the backup resources shah be as stringent as the protection required of the primary resources. Information a~ Referral The provider will en~ure collection and maintenance of a data b~e on information and rcferral services for ea~ ~ea. Area age. ncies who provide information and referr~ s~-vic~ dLrectly wUI ensure the collection ~ maintenance of this data base for the entire planning and service a~ea. The provider will be responsible for coordinating aJI L'fforrnation ~ rcferral site~ In their a~ea and will ensure the ongoing quality of services provided. Volunteers The provider will promote the use of volunteers a~ prescribed in Section 430.07, Florida Stazutes. tn addition, the provider will increase the use of volunteer~ in the trea by providing training, tec~nlcaJ assista, nce, a~l funding, where possible, ~ vendors within their CCSA. 15 13. Compre. hertiive Ar~easmenl Review and (CAR.ES) .Program Evaluatkm for Long Term Care Those per,om who are functionally asses.~ by the Comprebemive Ass4~.m~ent Review and Evalv~ion for Long Term Care Servic~ (CARES) Program to be i ~ ~ of nursing home placement ~d referred to the Commune/Care for the Elderly Program will ~ ~ea'vices started immediatdy. The Area Agency and lead age. les must shel~' tn adequ~e portion of funds W ~erve these CARES referrals. 14. Bu.sin~ Hours Area Agencies zx~d lead agencies must at a minimum ma/ntain bu~ir~ bour~ from AM to 5:00 PM daily. Monday through Friday. 15. Medi~id Waiver The provider wi!!, :~hrough ~e assessment by case managers, identify Medicaid eligible CCE ',.liants who mca Medicakl Waiver criteria and refer them to CARES and SSI rela~xl Payrrm~ (if applicable) for approval for Medicaid Waiver ~ervicea. Approxima~y 44% of thc get, era1 rcv~me flmds n~.~:asaO, to support approved client~ will be txamferred to match the 56% federal funds in. order to increase provider Medicaid Waiver q:nnxlial: authority to serve the clients. The identified funding for this tzamt'~t activity will be reposed to thc area agency f~ ~ubmis~ion m th.- Department of Elder Affairs by ~ l of the risc. al yezr. 16. Client Information and Regisa'ation Tracking System (C1RTS) The Area Agency on Aging shall employ a Network (LAN) Administrator who shall assure Area Agency on Aging compliance with the requirements of the 'LAN adraL'~:r'~r Guidelit. es? adopted by the department. Tbese "Guidelines' delir~te the rol~s and reaponsibilitie~ of the Network Administrator. The Area Agency on Aging shall assure my other support necessary for full 'LAN Administrator Guidelines" complimce. Lead Agencies wtU et~ure the coilectk)n sad maimenaflce of Community Care for the Elderly (CCE) diem and service information on a momhly basis from the Cliem Information and Registra~on Tracking System (CIRTS). Mainttaaa~ includes valid exports tnd backups of all data ~ systems according Io agency standards. The Area Agency will alto condua routine maintenance and backup all data and systems according to the Departmem of Elder Affatrs standards. Lead qencies must enter all required data pea' the Depanme~'s C[RTS Policy Gukldines for CCE clients and services in C1RTS on a monthly basis. The data must be entered into CIRTS before the Lead agencies submit the. ir request for payment ami expenditure repons to the Area Agency. Data includes ca~e management, case aide, and transportation units of service as well as ve. ndor's 16 JUL 2 9 1997 08101/9~ 17. units of service. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reporu to the Department. The Lead Agency shaJI establish time frames and guide]iaea with vendor agencies to assure compliance with due dates for the reports due to the Agency. This will include deadlines of submission of WeekJy Invoice for Services/ClP. TS Data fi'om the vendor to the lead agency. Lead agencies will run monthly CIRTS reports and verify that client and $~'vice data in CIRT,~ is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report and must be reviewed by the Ar~a Agency before ',.he service provider',: r~clUest for payment and expenditure reports can be approved by the Area Agency. Fa~uxe to ensure the coIleation and maintenance of the ~IRTS data may result in the agency enacting the 'Suspension' clause of this contract (see Section III, D.). The agency may enac~ the 'Susper,.sion" clause of this contrac~ for failure to enter Ge CIRTS daza into t3e system in a timely manner as establish.~d in AAA Policy Memorandum #1. Co-payment Collections Co The Ar~a Agency on Aging wiJI hold back 5 percent (5%) of the provider contract amount from the Requests for Payment within the first seven months of the contrac~t year. The amount of funds so hdd back shall be. released to a provider upon collec~Jan by the provide', by February 15, of 50 percent (50%) of the totaJ co-paymen~ projected for collect, ion by the provider for the contract year. Within three business days of Fe~ruary 15, the AAA will de~ermine whi~ providers have collemed, on or before February 15, 50 percent (50%) of their totaJ projected annual co-payment~. The AAA will re]ease to each such provider all funds r,o held back from such provider. The AAA will rea~locate aH funds he/d back from providers who fail, by February 15, to co[lec~t 50 perceat (50%} of their tow projected annual co-payments. Ail such funds held back will be dLra'ibuted pro rata ordy to providers who have collected, by February 15, 50 pea'cent (50%) of their tota/annual projected co-payments. The AAA wiU certify to the Department, not later tha~ Match 1, that funds held back pursuant to this clause have not beea distributed to providea'~ who failed to me~t t~eir co-paymen~ co[lec~n projectiona by Febmacy 15. Upon failure of the AAA to so cta'tify by March I, the Depanane~t will re, locke such funds among the PSA's for distribution to providers who have collec~ed at least 50 perce~t (50%) of their projected a~nual co-payments on or before February 15. 17 Agenda 08/01/96 18. Ho Cliem Referrals to Vendor Agencies In counties where there is only one agency-contr~ted service provider for · p~'fcul~r service, referrals t~ th~ vendor will be made by lead agency cas~ m~magers up to the level of (and to m service levels at) th~ providers stud capg:ity. In excess of this level, referrals will be m~le to baclmp or overflow provider(s); if more than one ~ provider exists, then clients will be l~iven a choice of avdl~ble providers. In coupes where the ~gency h~ co~ with more th~n one provider for a particula~ service, referrals will be m,xle to vendors ba.'-~d on diem choice. If the clie~ h~s r~ preference, the= referrals will be sr~e by lc. ad agency case managers on ~ rt'~6on basis. Mailln$ and Stre~ Adds'~s~ of Paym: The r~mc (provider nn~e as shown on page I of this contr~cO and mailing ~klrms of the official payee to whom the payment shall be made: Collier County Services for Seniors Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34112 The r. zme of the c~ntac~ person, stree~ address and telephone number where financial and adminis~.rative records ~re maintained: Collier County Boa. rd of County Commissioners Collier County Government Center, Building H N~ples, Florida 34112 (94 I) 774-8443 18 Ag'enda ;te~ 08/0~/~ IN WITNESS THEREOF, the parties he, em have causexi this under,rigged officiaJs as duly authorized. 23 page contrac~ to be executed by the~' Collier Coumy Board cf County Commissioners SIGNED BY' TJ~thy J. Hancock cy~n AREA AGENCY ON AGING FOR SOUTI,[~T FLORIDA, INC. SIGNED BY: NAME: TI-lq_E: DATE:.___/i~ 3l_ 1997 FEDE1L~L ID NUMBER: _~ 0538 PROVIDER FISCAL YEAR ENDING DATE: NAME:___.Anna L. Vann TITLE: Board Pre~id-.nt DATE:.,, July 31_ 1997 10/1/97 Approved as to legal form and sufficiency: Ravd_ro Manalich, Chief Assistant County Attorney 19 08~O 1/96 ATTACHMENT I FINANCIAL AND COMPLIANCE AUDITS th~ attachment is appllcabie, if the provider or gr~ntea herein4mfler referred to es provider, II any local government entity, m:)nprofit organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable ~f the provider ~ · local government entity of nonprofit organization ·nd receive~ · total of $25,000 or more from the agency during kts fiscal year. The provider has 'received' funds when it has obtained cash from the agency or whe~ it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independl~lt auditors in i~.¢ordance with the current J~;I.Y~~~~ ("Yeflow Book') issued by the Com~troll~ Ge~3e~·l of the Lh~ed State~. Local govmnrnonts shall cornp~y with Office g! Management end Budae~ lOMB1 Circular A-128. Audits of Stet· and Lor.~I Gove~m'n~3ts. Nonprof'A providers rece~ng federal funds passed through the agency shall corr~ly with the audit reClulrernenta ¢o~,~inq~d in OMB C)rcutar A-133 ~ Audi~s of leveL,ions o! Hiohe~ L~mino nnd O-J~er Nonnrefi~ Institulions. except as rr~xlified her~n.' ~ audits sleet{ cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the m~J~it performed shall include the financial audit re<:luirerr~e~nts of the 'Yeilow Book', and musrt include report~ 0~1 internal contro~ ·r~ The a~dit repo~ shall include s sc~:l,~le of financial es~ance that discloseS each ~gency contract, by r~mber. An audit performed by the Audilor General shall &atisff the requirernentt of this e~:1,·chrnent. Compliance findings related to contracts with the agency shall be based on the contract requirements, incl '~lim3g any ragu[ail·ns, or x*,atu1e, s rsference~t in the contract. Where applicable, the audit report shell include e computation ~owir~g or not .n~tching requirements were m~.. Ail questioned co,ts a43d liabilitle~ due to the agency, shall be calculated ·nd fully di~lclosed in the audit report with reference to the agency contract involved. These fei;luff·meetS do not exl3end the sc·0· of the audit prescribed by the 'Yellow Book'. If the provider has received any funds from e grants and ·ids appropriation, the provider will else subrr~ · compliance in accordance with the rules of ZI'~ Auditor General, Chapter lO,GO0, and indicate on the schedule of financ~l ~ ;:ontracts era funded from ri. st· grants end aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, res·led to performed by independent auditors, other than the Auditor Genial, shall be subrnJtled within 150 days aftra the ~ of provider's fiscal y~a~, unless otherwise re:luffed by Florida Statute-s, to the following: A. Finance Manager 13 COPIES): Area Agency on Aging 2285 First Street Fort Myers, Florida 33901 SuOmit to this eddr~s or~y tho~e r~orts prepared in accordance w~th OMB Ckcutaf A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Jefferso~ville0 indiana 47132 C. Submit to this addr~s ~ ~ r~o~s pro~er~ ~ iccor~nce w~h t~ r~ of t~ A~ ~, ~t~ 10.~: Jim Dwyer Office of the Auditor General P.O. Box 1735 Toll·haas·e, Florida 32302 The provide~ shall en~txe that ~.Klit worldng papers are made available to the agency, or its designee, upon re<lue~t for a perkxl of five years from the 0ate the audit report is issued, unless extended in writing by the agency. 2O .... Aden 08/01/~ PART #: GRANTS AND AIDS AUDIT/ATTESTATION TI'ds pa~ is applicable if the provera* is awarded fur~s from · grants ·¢K:I aid appropriation, ·nd is either (1) · local gove~nme~n.~ or nor~rofit o~ganlzation receiving · total of ~ tha~ $25,000 from the agency during its fiscal year or (2) · for-profit orge rece~vlr~ any ·mocrnt from the agency. The provide~ has 'received' funds whe~ it has obtained cash from the age~cy or w~. has incurred expenses which will be reimbursed by the agency. If the amount received from grants and Bids appropriation ·wards ·xce,-,ds $100,000, the provide~ agrees to have an audit performed by ·n independent ceCtified public accountant and submit · compliance reportls) in accordance with the rule~ of the Auditor General, Chapter 10.600. The audit report shell include · schedule of financial assistance that discloses each agency contract by nurrd3e~ ·nd indicates which contracts are funded from a grants ·nd ·ids appropriations. Compliance findings related to contracts wi~h the agency shall be based on the contract reQuire~'ker~ts, k, tcludlng Iny ruk~l, ra~uistions, o~ s~atutes referenced i~ the co~tract. VVhere applicable, the audit report shall include a compcrtat;o~ showing whethe~ or not ~ching requirements were r~t. A~ que~tio¢~<l costs ·m:l liabilities due to the agency shall be calc.~lated ·nd fully disclosed in the audit report with referet~ce to the agency contract involved. If the amount rsce~ved from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the provider may t-~ve an audit as described above or have a ~tatecrmnt prepared by en independent certified public ·ccou~tar~t which attests that the pro~ider has complied with the provisions of all contracts funded by · grants and aid; appropriation. If the an~ount received from grants and aids appropriation awards does not exceed $25,000, the provide~ will have tiaa ~ of the entry o~ ore·niT, etlon ·~t, unde~ p~-~att~-~ of perjury, that the organizat~o~ has comDlied with the provision; of all contraCtS fu~ed by · grants arid ·ids appropriation. Copies of the audit report en~ e~l other correspondence, if any, related to audits performed by the independent ·udlto~, o~ the atle[taHon statement, shall be submitted within 150 days after the provider's fiscal year end to the following: A. Finance M~ncger {3 COPIES): Area Agency on Aging 2285 First Street Fort Myers, Florida 33901 B. Jim Dwyer Office of the Auditor General P.O. Box 1735 Tall·haas·e, Florida 32302 The provider shall e~sure tt~t audit working papers are made available to the agency, or its designee, upon re<iue~ for a period of five y~atS from the date the audit report is issued, unless extended in writing by the agency. PART lie NO AUDIT REQUIREMENT This part is applicable if the provider [s not awarded funds from · grants ·nd ·ids appropriation, and is e~the~ {1} a local gov~nment e~tity or nonprofit organi~tion r~eivi~g a total of ~ss t~n ~25,~ fro~ the ag~cy during ~s fis~l y~r ~ (2} I f~-prof~ organ~i~ r~ving any a~ ~ ~ tg~. T~ provid~ ~s 'r~v~' funds wh~ ~ ~s ob~i~ ~sh f~ ~ ag~y or when ~ ~s incurr~ expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. DOE A- 1 O4.8 21 .Itli 2 9 ~97T L._.o.- 05/01/96 ~[~$A ._8__ Amendment CO~ CARE FOR THE ELDERLY BUDGET PROVIDER: Collie' County Board of County Commissioner~ 1. Lead Agency Opecation 2. Case Manag~rne. nt 3. Case Aid~ 4. 'Transportation 5. Tot.al $ 76;301.00 $110.587.00 $ $ 1_146.00 ATTA~ il 22 .ItJ. 29I~7 | ATTACHMENT 111 CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT COMMUNITY CARE FOR THE ELDERLY I JULy ADVANcE * AN~ICIPATED CASH ]VI~ED ~ { 5 2 A~U~ ~V~E · ~A~ CASH ~ ~ 15 7 J~ARY ADV~c~~s~ NOV S~'~ ~ DEC I~ 8 ~{RUARY ADV~~~~ D~ S~'~C~ ~ 1~ 15 ]0 AP~L ADV~c~8~S~ ~ S~C~ ~ ~R 15 I2 ~ APR 15 13 ADVAN~~S~ A~ {~R~C~ R~ ~Y 15 14 ~* ~~ ~Y S~C~ ~ ~'E 15 J~ ~AL ~AL ~AL PAY~ R~ AUG ]5 LEGEND: NOTE #l: NOTE NOTE NOTE ~: * Advance bas~ on projected cash ne. ed. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure r~port reflects funds due back to the I~partment of Elder Affairs, payment is to accompany the report. Report #1 for Advtnce Btsis Contrncu cannot be submitted to the State Comptroller prior to July 1, or until the AAA/DoEA contract Ires been fully executed and a copy s~nt to the Comptroller. Accuracy and timely receipt of reporu is essential, or submission for payment may be delayed or denied. A final payment r~iuest may be submiued to the AAA by the provider up to 45 days after the contract has ended. The last two months of the provkier's fiscal reports covering aztual expenditures should reflect an adjustment repaying advances for tie first two months of the contract. If the provider request due date is on a week-end or holiday, the deadline will be the precceding Frichty. DU~TO ~ ~l.Y 1 JULy 1 AUO20 NOV 2~ MAY20 JIrLy 23 Agencla Jte~[ ~o.~ JUl. 2 9 {997 EXECUTIVE SUMMARY__ TO AUTHORIZE FUNDS FOR THE PAYMENT OF THE ANNUAL SYSTEMS MAINTENANCE AGREEMENT FOR THE HUMAN RESOURCES INFORMATION SYSTEM SOFTWARE. .O~BJ_.$.E _g'~_!$~: To transfer the requisite funds to fund the payment of the annual m:dntenance agreement for the Hum~,n Resom'ces Infommfion Software, PDS, Inc. CONS. I~D~RATION.' The BCC authorized fimds to purchase a Human Resources Information System in the FY 97 budget. Through the competitive seiection process, staff selected PDS, lnc..CPersonnel Data Systems, Inc.). On December 13, 1996 the BCC approved the agreements for the acqtfifition of the soflxvarc. In preparing the project budget, fund~ were budgeted for the annual ma/ntenm~ce agr~nent. Thc amount budgeted was prorated over two risc, al years; i,e., part/ally funded in FY 97 with the balauce to be funded in FY 98. The anticipated operating costs fox thc ma/ntenance agreement were forecasted in the respective budgets according to OMB and BCC policy. The implementation of the software has ~uccessfiJlly met significant milestones and we have received the flee maintenance negotiated in the contract. As stated previously, the cost was prorated per ~ year, however, the full maintenance fee is required to be paid at one time rather than in installments. The maintenance fee is 15% of the licen~ fee for the fia'~t twelve monttm and 15% for each twelve-month period thereafter. For the tim ye~ of the maintenance fee is $23,500. Since $3,000 was budgeted as a FY 97 prorated cost in the project budget an sddifional $20,500 is needed to pay the maintenance fee in FY 97 rather than FY 98. However, the additional $20,500 cannot be capitnli~ed as part of the CIP becasuse it is an operating expense. Thus, the additional co~ must be lt~m~.~ in the operating budget. I -- ' _ ~ ,,,, ~a~r~ FISCAL IMPACT: Funds totaling $20,500 are needed from General Fund (001) Reserves to be transferred to the Human Resources Administration budget for other Contracted Services (00 l-I 21810.-634999-00000). Funds are available i.n General Fund (001) Reserves. GROWTH MANAGEMENT IMPAk"T: None. .RECOMMENDATION: That the BCC authorize the transfer of $20,500 fi-om Fund (001 ) Capital Reserves to the Human Resources Administration budget in Fund (001) to fund the armual ~stems maintenance agr~ment ~md author/ze requisite budget amendment. PREPARED BY: Iquman Resources Dh-ec~r APPROVED BY: Leo E. Ochs Jr. Support Service~dministrator -7 ',g3-q7 JUL 2 g 1907' APPM. OVA~ OF ~UDGET AMF. NDMENTS ~CC AGF, NDA To~l Gas Tax Ctl' O13) $5,000 Fmlds at~ _~__-d fey Enzineerb~t S~rvicet related to $~ visits, ~ pla~ desitin inter]~eucdon, dr~v~u{ ,~-vieve% and approval asxistnnce xvit~ po~ cousu'ucticn pe~mit~ for d',c Sabal Pa{m {tomd culvert JUL 2 9 {99? EXECUTIVE SUMMARY OgJECTIV£: 1) To i~¢t~ae the f~el expeuse budiet al ~e A~'s ~ ~ by ~9,~ m ~r to c~t~ue to su~ly AV ~ ~dj~ fucl to ~ck c~om~, 2) To ~c~ ~e ~el ~v~ ~d&els ~ ~5,700 to ~co~ ~e addifion~ ~v~ue ~ will ~ &ended fr~ f~l ~. 3) To d~ ~ by ~4~ Io co~ ~e co~ offal ~1 will not ~ sold d~j ~i~ r~l )~, ~ will ~ ~o~.~d ~to f~l ~ 1~ u in~ent~ ~d ~Id m I~te (.'ONSFDEKAT1Ort: Fuel r~l~ have ~e~ hi~tr th~ ex~c~ al all L~'~ ~'Port loc~ions, lLued ptoj¢c'Jom t~ro~ ~e cad or,be ytlr, ~¢ A,,r~orRy dc~s not ]~ve su~cJeat dem~. ~e~for~, ~c a~ will ~ to p~c~e ~Rionel ~cl. Il ~ c~a~ ~rch~t additional ~el which w~ll ~ o~ by ~16onal fuc) ~v~ucs of ~5,7~ in ~1 y~ I~ ~d ~es or $~J for ~e g~lo~ ~a~ ~ n~ ~ ~ld ~fil ~1 ~ l~t. ~ ~sold ~loc~ fiscal y~' 1975 as mvcn~y ~d will ~ recoiu~d ~ re~nu~ in ~c new y~. ~ese ~old revenues h~ve ~ ~fl~6 in o~ ~v~ed 1998 bu~. GROW'TI-I N'~.~h'AG£}VEEN'[': Nc, ne. $-ISCAL IJV~ACT: Approval of the s,'lach~d b,~dgt't ~u~radmen,~ will c~¢u*. 495.919010-~91000 reserves by $24,200 ~d rev~"r, ge ~.n~ expense apprupr'i~ts ~ folJow~: 49~-192370-344240 495-192370-3442~ 21,300 ~95-1923~0-344240 2~1,000 495-192330-344260 (3,?co) ~95-192350-344240 19,600 45,?00 APPROVED BY: Collim County ALrport A~horlty~'~ JUL 2 6 1~J7' I ~rport g~J&hor~%W BUDGET AMENDMENT Cost C~nt, r Title lrlCree, se 27,000 Curreul Budget 5~00 Revised Budl~ct 83,800 TOTAL 27,00~ I~ESERVES ] 1919010 0 ] IProjetn No, Cost Center Title JJCost Center No. ] leroie~ Tme Expenditure Object Code 991000 -~XP~nditure Title IJllC re$..~ (6,?~) TOTAL (6,700) Budget 32,731 Budlet 26,031 AGE~.i~A I'~-.~ ,o ._~_~ ~__C~ JUL 2 $ ~7 ~?-23-19c~7 11:39Crl ~trpoet ~:k~.hor~t~ 813 (:~3 REVENUE BUDGET DETAIL 192330 Cost Center No. 0 Projt~t Title 0 Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budl~et Bud,:et 344240 AIRPORT AV 24,000 74,~00 98,500 GAS FUEL 344260_ _A~. RPO~T J~ET (3,700) 15,000 11,300 ~_ ...... I ~ .... TOTAL 20~00 EXPLANATION Why are fun6$ needed? FUEL SALES HAVE EXCEEDED PROJ'ECTED LEVELS, THEREFORE ADDITIONAL FUNDS ARE NEEDED TO BUY MOR~ FUEl.. Where are fund~ available? REVENUE FROM FUEL SA.LES REVIEW PROCESS Cos~ Center Director:. Divbion Adn~tnbtrator: Budget Department: ,, Ase~cy Manal~er: Finance Department: Clerk of Board Admin.: Input ~': B.A. No.: AGE'iDA ITEM JU?~$ L~7 ;~7-~-1~7 11::~9 A:rport ~&horl&W 813 6~ B3~ P.86 .*, IMMOKALEE REGIONAL AIRPORT ANALYSIS OF AC~TUAt. AND FORECASTED GALLONS PURCHASED AN{;) ~OLD Beginnk~ invento~ belanc~ es of 10/01/9~ ~ ~ from 10/01/~ I~n~gh 05/31/97 Gallons ~c~-~m~d from 10/01/96 through 05/31/97 Interim inventS/batance es of 0~31/97 Projected purchases from 06/01/97 through I~=jected con~um~ from 06101/97 thn~Jgh 09/30/97 Projected endh~ in~ento~ balanoe as of 0g/30/97 20,000.00 4,000.00 ANALYSIS OF ACT]pAL AND rOREC. ASTED FUEL EXPENSF G~lons p,,,~J'la~ed f~h 05/31/97 Co~t incited ~ of 05~1/97 Ad~ gg~-~ I~ to be purc~L~d by CO~ pe~ gabon Cc~ ez~J~t~d fi3r pmchese~ fr~m 06/01/97 though AVGAS JETA 39,~42.00 129 61.009 18 20.000 O0 4.0"JO.O0 1.40 1 2~.000 00 4.2OO.0O T~,OOg. 18 52,6000O 4,200.00 (26,40g. 18) AVGAS JETA 43,641.50 4,659.50 162 1.67 71,185.23 B,115.37 16,000.00 Z000.00 27,0~0.00 3,200.00 98,2,25.23 11,315.37 74,500.00 15,000.00 (23.725.23) 3,~4.64 AGEt~A rTEM m7 Fg. t 8~3 E~3 83~ P, 03 BUDGET AMENDMENT REQUEST m~'.::'.::::::'.7.'.: ............... ^.t. PC Delta ............ [ ~~ ~o~T ~o~ "[ ~ ~o. ~s ~ BCC Al~ date ~ ifp~o~ly a~ov~. E~ENSE BURET DET~ -Ex~ndifu~ Object Cocle 652-4!0 ) Exp~udttur~ Title I LUBKICAN"i~- OUTSIDE VENDORS ?,900 Title Cmll~eOt Budget t ~Oproj~d No. 29,000 TOTAL 7,900 RESF, RV~S Cost Ceattr 'rifle tCost C~ater 7qo. No. 'OH,~ Cod, ~9.1iX)O ICxp~odimre Title szRvzs 11,?00 Budget Y2,731 TOTAl, 11,700 Buds~t 44,431 AGE:LDA ~ JUL 2 6 b~J7 REVENUE BUDGET DETAIL EVERGLADES AIRPARK Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase 'Current Revi~ed Object Code (D~crease) Budget Budget 344240 AIRPORT AV 19,&00 16,500 36,100 GAS FUEL TOTAL 19,600 I EXPLANATION Why are funds needed? FUEL SALES HAVE EXCEEDED PkOJECTED LEVELS, THEREFORE ADDITIONAL FUNDS ARE NEEDED TO BUY MORE FUEL. Where are funds available? REVENUE IrROM FUEL SALES REVIEW PROCESS Co,t Center Director:. Dfvhlon Ad minla/rator:. Budget Dzp~r~t: ~A~Fe~cy Manaller. Finance D~-t~ilment: Clerk of Board Admin.: Input by: B,A. No.: DATE JUL 2 6 1997 EVERGLADES/URPARK .ANAI. Y$IS OF AQTUAL ANO FORECA.STED GALLONS P_URCHAS_t[I:;) AND SOLE) Beginning tnv~'~tory balanc~ Gelk;~n$ ~jtche'~,ed from 10,'01ZgG through 05/31/'97 Gello~ cor,-umed Ir,om ~ 0/01/~ through 05/31/97 Interim in',~,r"l'0fy balance a~, of 05/31/97 I~ected t, urchase$ h'om O~;01/g? Project~ci conlum~bon from 05/01/~7 through 09/30/97 Projected ending invenlory 4.~27.00 19,745.00 (17,1el .SO) 7.190.40 8,290.40 ANAL¥$1~ OF AGTI,JAI, Al,II;) F9 .R,.LCA~'r.~.~?.5.U~ Gello~$ purchased through 05/31/~7 Average cost per Co~t incurred a,~ of 05/31/97 Additi,'~rk31 gallons projected to be purchased trf 09/30.~97 C,o~t per ~ano~ Co~t estimated for pun~ fYOm 06/01/97 through C~30/97 Tote: esf~,~:l co~t of fuel for f'r~al year 1997 Curmn! appmprlat;on, incJud;ng prior year api:h-o~'mbon AVGAS 19,745.00 1.29 25,471.05 4,000.00 1.40 5.600.00 31.071.05 23,230.20 ANAL.Y~I$ C~ ACTL~A~.. A~N~),F,.ORECA,STED. FUEL REVENUE AYGA$ C~illortl ¢ortlame<l through 05/31/97 17,111 .SO Av~rag~ prlol ~ ~n 1.79 R~en~ e~ ~ ~ ~u~ ~h ~1~7 ~,755.~ P~ ~r ~n 1 m~ E$~ ~ el~ ~ ~1 ~nsu~ ~m ~1~7 ~h ~7 5,3~.~ To~I e~ reven~ elm~ ~ ~1 ~u~ in ~1 year t~7 ~.~1.~ Cu~nt ap~ri~t;on 16,~.~ AGEtlDA~ t BUDGET A/YIENDMENT REQUEST IA.~J'I. D~ ...................... FI~I~ I'ITL,F. ,~mrORT AUTHORrrY IruND NO. d~ --'-] D.~ ~ 6~3~ A~h Exe~ve BCC A~da ~e I~ if p~io~ly approved. E~ENSE BUDGET MARCO ISLAND EXECLq'IVE AIRPORT Co~t Center Title 192370 I Co$~ Center No. rPenditUref Expenditure ' [ In~ea" Current ' R~iJed bJeci Code Title [ ~rea~e) Budget Bud~ 652410 F~L & -- ~5,000 304,~ ~9,~ LUB~C~& O~E ~ ~ORS TOTAL 35,000 AGEHDA ITeM ,. JUL 2 6 m? 07-~'J- 1 ~r? ~$rport ~J&horltw EXECUIIVE AIRPORT Cost Center Title Obj~:t Code 344240 344260 REVENUE BUDGET DETAIL 192370 ~ Cost Center No. · GAS FUEL A FUEL (Decrease) (1~;,000) IOT~J.~ Budget Budget EXPLANATION Why are funds needed? FUEL SALES HAVE EXCEEDED PROJECTED LEVELS, THEREFORE ADDITIONAL FUNDS ARE NEEDED TO BUY MORE FUEL. Where are funds available? REVENUE FROM FUEL SALES REVIEW PROCESS Cost Center Director:. D~on Admtnbtrator: -- ~artment: Age.~ncy Manager: ln_...~put by: B~A. No.: ~lrport P~thorltQ MARCO ISLAND EXECUTIVE ANALY~SIS OF ACTUAl. AND FORECASTED GALLONS PURCHASED ~.ND SO[ I~ ~ginning inver~tory balance as of 10/01/9~ (3l]~'~ pumhl~ed ,3mm 10101/9~ through 05/31/97 G41~'~S Co¢4un',,e~ from 10/O1/9~ thrOUgh Interim inventory balance as of 05131/97 AVGA$ 1,137,00 7~,181.00 PrOjected purchases from 06/01/97 through 09/30/97 Projected con~umptlon from 06/01/97 through 09/30/97 Projected ending inventor7 balance as of 0~/30/97 16,000.00 (!T,ooo.oo) $,3~$.00 ANALYSIS OEiAC'"rUA~,. ANt) FORECASTED FUEL GaLlons purchased through 05/31/~7 AYerag~ cost ~r gallon Cc~t Incurred as of 05/31/97 Adcl~onal gallons pro,~Cdld to be purcl~as~ by 0g/3O/g7 Cc.~ per gallon C~t estimated tot pumhase$ from 0~/01/97 through 09/30/$7 Total astirnatF~ cost of fuel for ~c~l yea~ tgg7 Currant al:~'~priation, including prior year apprOpriation Expense el~ropriation (de,~il) AVGAS JETA 7g,181.00 1.31 1.09 103,727.11 214,!2.2.87 8,000.00 16,000.00 1.40 1.05 11.200.00 16,800.00 114,927.11 230,922.87 ~,172.00 215,000.00 (I$,755.11) _,A~'J/.q.Y$1$ OF ACTUAL AND FORECASTED FUEL REVEN~IF Ge~ton$ o,7.'~iu~ throUgh 05/31t97 Avenlge prk3e per galton R~nue earned off flJel ¢or~tjm~l thro~,.'gh 05/31/97 Add~ional ga4k~nm projected to be cormumed by 09/30/97 Price per gallon ~ ri, venue earned on ft,,el consumed from 06/01/97 Ihro~gh To~l estimated r~Y~nue earned on fuel consumed in ¢'~:a! year 19'97 C,.~ren! ap, prc~'lat~on Revenue approl~iatJon (U~f'~rJt) surplus AV~ JETA 64.133.00 1 ~0.741.00 1.93 2.10 123,775.69 400,55~.10 7,000.00 17,000.00 2.00 2.10 14.~.00 ~37,77e.69 43~.10 153,700.00 414,6(X).00 15.923.31 (2t,7~.10) ~o ._J JUL 2 6 1~7 pg._/, O __ BOARD OF COUNTY COMMISSIONERS MISCI~I.! :~NEOUS CORRESPONDENCE JULY 29, 1997 FOR BOARD ACTION: 1. _MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. ~ A. Collier Soil & Water Conservation District - Jantuuy 22, February 5, February 19, March 4, April 2, April 18 and June 10, 1997. B. Lely Cornrmmity Development District - May 21, 1997.