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Agenda 08/26/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA August 26, 1997 9:00 A.M. NOT1CE: ALL PERSONS W/SH/NG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER i~UOR TO SP£AK~G. REQUESTS TO ADDRESS THE BOARD ON SUB3ECTS WH/CR APE NOT ON TH/S AGENDA MUST BE SUBMTFTED l~ WRITING WTTH EXI~LANATION TO TKE COUNTY ADIV[I/qL~"TRATOR AT LEAST 13 DAYS PRIOR TO TH~ DATE OF TH~ MEET/NG AND W/LL BE HEARD UNDER "PUBLIC PETITIONS". ~ PERSON WHO DEC[DES TO AI~PEA/, A DECISION OF TH~S BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAIN~G THERETO, AJ~D TI~REFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCE£D[NGS IS MADE, WItlCH RECORD INCLUDES THE TT. STIMON~ AND EVIDENCE UPON WHICH THX APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS ~FILL BE L[MI'rED TO FIVE (5) M]IVUTES UNLESS I~£RM/SSION FOR ADDITIONAL ~ IS GRANTED BY TH~ CHAHUVlAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAI]~ED ARE AVAILABLE IN THE COUNTY COM]HISS[ONERS' OFFICE- LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.I~L 2. 3. ,L INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MTNUTES :, July 22, 1997 - Regular meeting. July 29, 1997 * Regular meeting. C. August S, 1997 - Regular meeting. pROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS i August 26, 1997 Anulver~ar7 or~e Eve~b~ ~z~ C~ ~y~ hmmy ~ SER~ AW~ I) ~t C~ - ~R - ~ ~ 2) ~ ~b~ - ~ i ~- 10 ~ ~ - U~ - ~R - !0 y~ ~uM Ho~ - Wa~ - ~ ~ C. P~E~A~ONS ~PROVAL OF ~'S ~RT ~ALYS~ OF ~G~ TO ~ER~ FOR CO~GENC~ 1) ~e~l Fund (~1) ~ ~. 2)CommunJ~ ~elopmeut Fund (113) Facilit~ Constrain Fond (MI) P~LIC P~ONS CO~ ~I~TOR'S ~PORT A. CO~~ DE~P~ & E~O~AL SER~ B. PUBLIC ! ) ~u~t approval of R~nal StomwaMr ~nagem~t Study for ~h, achow~ge d~e~n con.burn and au~o~ ~ff ~ impbm~t ~udy ~commendationL 2) ~u~ the ~a~ p~vMe di~on m mff ~ing the ~m~t of ~nl end ~her Informational S~ns ~thin the ~b~ ~h~Way of Collbr Count. 3) ~ommendat~n that the ~ of Coun~ Comm~ione~ approve an Ag~ment ~tb R&L lndust~ for the ~cling ofat~ltu~i p~ mukh at Immoh~ ~ndfllL 2 Au~ 26, I0. 4) Recommendation that the Board of County Commissioners consider an extension of thc lmmokaiee Disposal Company Waste Collection Franchise Agreement for Service Area Number Two. Adoption of Resolution to amend and supplement the Rmolutlon authorizing the Issuance of Bonds for the Naples Park Area Stormwater Improvement Proje~, to award the Bonds to Barnett Bank, N.A., Napl~, to ~t thc amount of the Bonds, to establLJh the Interest Rate on the Bonds and certain other terms and provisions of the Bonds. Review of Collier County Water-Sewer District Financial Plan, Ruulte of the Water*Sewer Utility Rate Study, and consolidation of Utility Administrative Ordinances. This item has been deleted. Approve a Work Order with Coastal Engineering Consultants, Inc., and the associated Budget Amendment necessary to conduc~ a preliminary feasibility study for the proposed Haldeman Creek Basin Restoration Project. C. PUBLIC SERVICES D. SUPPORT SERVICES COUNTY ADM]NISTRATOR I) Approval of a ieas~ agreement (and short form lease agreement) between Collier County and PrimeCo Personal Communications. COUNTY ATTORNEY'S REPORT Ae Request by the Industrial Development Authority of Collier county for approval of n Resolution authorizing the Authority to enter into a Master Financing Agreement with GE Capital Public Finance, Inc. on behalf of Naples Community Hospital, Inc. for the purpose of financing the purchase by the Hospital of certain medical and other equipment used by the Hospital in its bealth care operations. BOARD OF COUNTY COMbOSSIONERS A. iL C. D. E. F. G. Appointment of Board members to the Value Adjustment Board. Appointment of member to the Utility Authority. Appointment of members to the Airport Authority. Appointment of member to the Parks and Recreation Advisory Board. Appointment of members to the Marco bland Beach Renourishment Advisory Committee- Appointment of member to the lmmokalec Enterprise Zone Development Agency. Discussion re~urding request for workshop on September 30, 1997. 3 Auh~tst 26, 199'/ I1. Appointment of member to the Hbpani~ Affairs Advtsory Board. OTIO~R CONSTITUTIONAL OFFICERS PUBLIC COIVfM~ENT ON GENERAL TOPICS PUBLIC I. IEARINGS WILL BE H~EARD [MM~DLATELY FOLLOV~TNG STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - nCC A. COM~PREHENSIVE PLAN AM~ENDMZNTS ZONING AM'ENDM~NTS I) Pe~RJon PUD-9?-~ Bill Hoover of Ho~zver Planning Shoppe, repre~nting Nortbbrooke De~eJopmcot, Ltd. Bonita Grande Hotel Corporation, and Land Trast ~ i~bord K. Bennett, Trut~ requesting n rezone from "A' Rural Agr~uttoral to "]r~D'~ Planned Unit DeveJopmcot, to be known as Cypress Woods Golf and Country Club for n mixed ruMentinl and golf cou~ master planned communit~ for propert~ located north of Xmmokelee Road and immediately contiguous the eas~ sMe of Inter3tate Highway the erst portion of Se~s. 18 and 19, T48S, R26E, consbt[nE of2L3 acr~, more or 2) Pttitlon PUD-9?-4, Blair ,6,. Foley, P.E., of Consul Engineering Consultants, inc., rtpr~enting Eugene Thrashman requesting a from "A' AgrJcultura to "PUD' Planned UBR DeveJopmout for 36 villas and a recreational IMol aru to be known u Morker Lake Villas for property lo~ated on Vanderbilt Bench Roud Extension in Sec. 2, T49S, R2SF~ consbting of 12.~6 acres. 3) P,L*tRJoA PUI~B2-3~I) MJchacl R. Fernandez, AlCP, of Pinnnin~ Development Incorporated represouflng Har~ Manufacturing Corporation requesting a rezone from ~ to PVD knows as -w~ns by" rot the purpo~ of eliminating commercial land uses ou commercially designlted tract and replacing same wJ~b a ? story ruMenflal building containing S6 dwelling units for proper~ Iooated on the southern corner orthe intersecOon of Vanderbilt Dflvl and Wigghu Pm Road in Sec. 16, T4~S, R2SK, consisting of 148.26 acres. 4) Pe'JtJon R-9'7-3, Community I:~velopment ud Environmental Servktes Dfvbion repruouflng the Coflier Count}, Board of County Commissione~ requesting n re~one from 'PUD" planned unit devdopneut to'g' F.~ntos for the Island Pines Garden PUD located innedintely soufl, of the County Maintenance Faclli~/on Count' Barn Road in S~. 8, TS~S, R26E, consisttn~ of 10 acres, more or lest (Continued from the meeting of 8/S/9T) Petition R-97-4, Mark Raudenbush of Idyll Homes, Inc., requesting n rezone from RAD'-6 to RSF-~ for property lo4:ated at the inter3ectlon of Pan Am Avenue and Grand Canal Drive, further described ns lot !, Gulf Harbor Subdivblan, located in Sec. 16, T4~q, R25E. August 26, 1997 14. OTHER !) Petttio· AV 9'7-014, Daniel Decestre, as agent for ow·er. Vineyards Development Corporation, requesting vacation of tract "C' 0audseapo and drainage easement) located on a portion of the plat of Augusta Falls us recorded in Plat Book 27, Pages SI and 52, inclusive, of the Public Records of Collier Con nV/, Florida. 2) Request for Board to consider adoption of an ordinance amending Ordinance No. 9~6, "The Utillv/Regulation Ordinance", as amended, by amending sulysection (E) (2) of Section I-3, to modify criteria for appointment of lay memberJ to the Collier County Water and Wastewater Authority. 3) Petition SNR-9`7-7, Caroline Spounlas requesting u street name change from 4* Avenue S.W. to Carrotwood Road located in Golden Gate Estate~, Unit 32, See. 9, T49S, R26F.. 4) Petition SN'R-9`7-6, Caroline Spounius requesting a street name change from 2" Avenue S.W. to Mahogany Ridge Drive located in Golden Gate [:states, Unit 32, See. 9, T49S, R26E. Petition form 6~ Estates, SRN-9?-8, Caroline Spounias requesting a street name change Avenue S.W. to Tamarind Ridge Drive located in Golden Gate Unit :~2, See. 9, T49S, R26K. Petition SNR-97-9, Caroline Spounias r~questtng a street name change from 8~ Avenue S.W. to Sycamore Drive located in Golden Gate F. states, Unit 32 and 34, See. 9 and 16, T49S, R26F.. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-96-21, Geoffrey G. Pur3e of Purse Associates, inc., representing R. H. of Naples, Inc., requesting Conditional Use "1" of the "A' Rural Agricultural zoning district: r earth mining on property located % mile east of Greenway Road at the end of Maretee Road in Sec. ? T$1S, R2?E. 2) Petition NUC-9'/-I, J. Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Thomas L. and Nancy L. Gregory requesting · non- conforming use change from an Indoor roller skating rink to a rental hall for local non-for-profit civic and community associations with a primary use as a bingo hall on property located at 6`7S0 Golden Gate Parkway further described as Unit 29, the east IS0 feet of Tract SS, Golden Gate Estates, us recorded in Plat Book 7, Page 57, of the Public Records of Collier County, Florida. B. OTHER BOARD OF COUNTY COMMISSIONER=q' COMMUNICATIONS August 26, 1997 STAIrF'S COM3VfUNICATIONS COfl~LN l A(/E~IJA. Ail matters listed under this item are considered to be routine and -- action will be taken by one motion without separate dbcnssion of Cach item. if dbcussion b desired by a member of the Board, that Item(s) will be removed from the Consent Agenda and consMered se~)aratel~'. A. COMbflJNITY DEV'KLOPM~ENT & £NVIRONM~NTAL SERVICKS I) Request to grant final acceptance ofth~ roadway, drainage, water and sewer improvements for the final plat of"Windsor Place at Berkshire Lakes". 2) Request to approve the final pint of"Pelican Strand Repine 2'*. 3) Waiver of road impact fees) library system impact fL'~S, parks and recrcatJonal facility Impact fees, emergency medical services system Impact fees~ water system Impact fees, sewer system impact fe~, and educational facility system Impact fees for eight (D single family houses to be built by lmmokelee Habitat for Humanly, Inc., Jn Naples Manor Lakes and to fund said waivers from Affordable Housing Trust Fund, Fund 191. 4) Request to approve for recording the final plat of"Sapphire Lakes Unit Request to approve for recording the flnnl plat of"Aufusta at Pelican 6) Request to approve for recordinl the final plat of"Sapphire Lakes Unit 4C". Recommendation to approve Commercial Ezcavation Permit No. 59.614, '*Vanderbilt Bcach Spell Dbpesai" located in Sec. 29, T48~ R,?,SE. IL PUBLIC WORKS i) Rtpert to the Board on the results of the Annual Countywide Traffic Sipal Warrant Study and Intersection Improvement Pr~ram, and request funding approval along with recommendations for installation of the recommended improvements. 2) Recommendation to award four (4) annual btds~ Numbers 9'7.27{}4, 9'7. 270S, 9?-2?0? and 97-270l for Fiscal Ycar 199'/-9& 3) Tbb item has bffn deleted. 4) Request the Board approve a Work Order under the Annual Agreement for Fixed Term EnginecrJng Ser'vkes with Hole Montfl and Associates, Inc. for Analysis and Design of Five Intersections at vlriouJ locations (Contract No. 95=2422, W.O. HMA-FT-9?-2). Request the Board consider a Proposal to Establish a Policy for the Installation of Advance Warning Signs with Flashing Beacon ARaehed. August 26, 1997 9) 10) !1) 12) 12) Thb item bas been deleted. Aathortntlon to s~le source pnrcbm replacement pumps, specified repair parts and mnteriah for approved submersible lift stations. Reimbune members of the Marco bland Beach Renourbhmcnt Advisory Committo, for expenses to be incurred in performance or their duties, 'Ibis item bls been deleted. This item has been deleted. Approve a Developer Contribution A~rcement between Collier County and Reuven Helm Builders "i~veloper~* for Read Impact Fees In returu for constructing the Radio Road Outfan Drainnfe Swale. Approve an Agreement with Bonita Grande Sand Company for production and sto~kpillng of beach compatible sand for maintenance of Collier County Beaches. Award a Contract for BM No. 9'7-2629, South Cbauuel & Water Turkey Bay Maintenance Dredging to gnarl3, Resources~ Inc. in the amount of %.39'7,40S.00. 14) This item has been deleted. Recommendation to approve an ALinement for Emergency Water Interconnects between Cailler County and Bonita SprJnp Utilities, 16) This Item has been deleted. Request approval of a Budget Amendment transferring funds from Capital Outlay to Operating to cover costs for equipment acquired under lense/purchase Agreement. PUBLIC SERVICES !) Award the skatelMard park concession agreement for tbe ~ Naples Communlt~ Park and approve the attached budget amendment to purchase an additional ramp for the skate par~. 2) Enter into an agreement with Collier Sports officials Assoelaflon, Inc., for the purpoee of providing sports officials for County-sponsored activities, 2) Approval ofn budget amendment and work order for the final portions of construction of the Veterans Community Park roller hockey rink. SUPPORT SERVICES 1) To Award Annual Bid ~J'/-2'/02 for Furnishing nnd Delivering HerbicMes, Pesticides, and Fungicides. 7 26, 1997 G. 2) Approval oft Memorandum of Undarstandla[ be~wmm Smart PPN, Inc. And Collier Couaty for Post-Disaster Assistance. RccommendatJou to clncel current tazt~ upon laud acquired for public use. Approval of eic~rical adjustments and regain to the major eicctrical components on the Main Government Complex. This item has been deleted. COUNTY ADMI~N1STRATOR I) Recommendation that the Board of County Comm~ioners award Bid ~7- 2'/06 for purchase and delivery of pine straw mulch. 2) To formally accept consent and emergency items approved by the County Administrator during the Board's recess. BOARD OF COUNTY COMb~ISSIONERS MISCELLANEOUS CORRESPONDENCE !) Satisf~et~on of L~t~: NEED MOTION authorizing the Chairman to sign Satisfaction of LICn for Services of the Public Defender for Ca~ Nos.: 96- 9671 MblA, 97-2S96 LM~ 91-10S8 CFA, 97-3947 MMA, 97-3571 ~ 97-2797 MMA, 93.-9731 IV[MA, 97-25 MMA, 96-5022 MbiA, 97-3S83 biMA, 96-2197 CrA, 95-4717 ~ 96-50'/4 bI2HA, 97-1161 IV[MA, 92*2026 CrA, 9~.2036 (::FA, 95.749S MMA, 97-2201 ~ 97-:326~ IVIMA, 97-2S05 M2V[~ 9'/-1014 MMA, 92-16'/5 CFA, 94-401 MMA, 94-S488 M2VlA, 95. 104~9 MMA, 97-3109 MMA, 97-972 MMA, 96-9214 ~ 96-6'/5'/ MMA, 96-480 ~ 96-!246 CFA, 96=1027S M2HA, 96-10312 MMA, 96- 90S-/MMA, 96-601 CFA, 96-8441 MMA, 96*10396 M2VIA, 96-8010 MMA, 96-./564 MMA, 91-2264 TM, 97-221'/M:MA, 97-4946 MMA, 97-:3229 ~ 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS D[I~CTED: OTHER CONST1TUTIONALOFFICERS I) 2) Recommend that the Board sign the certification of acceptance of the sul~rant award for the anti-drug abuse ~rnnt - Street Gang Prtvention and Apprthension Program and approve the related budget amendment. Recommend that the Board of County Commhsioners sJEn the CertJflcotlon of Acceptance of the SI40,850.00 Sub~rrant Award for 1be Anti-Dru~ Abm Grant ~9-CH-gC-Og-21-01-060/sarious Habitual Offender Comprehensive Action Plan (SHOCAP) Profram and approve the related budget amendment. Approval of a lense agreement between Collier County and Florida Community Bank for the purpose of lensln~ ofl3ee spoce for the Sheriff's substation in Immokalee. August 26, 1997 117, COUNTY A'rro~Y IZqQUI]IXIS CONCeiVInG CtL~GL~ TO ~ BOARD'S AGENDA SlIOULD BI MADI TO Ti~ COUNTY ADMXNISTRATOR'$ OFlrlC~ AT 7744383. 9 Augu~ 26, 1997 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING AUGUST 26, 1997 ADD: ITEM 8(C)(I) - AUTHORIZATION TO APPLY FOR A GRANT IN CONJUNCTION WITH THE COLLIER COUNTY PUBLIC HEALTH DEPARTMENT, NAPLES CObtMUNITY HOSPITAL, COLLIER HEALTH SERVICES, INC. AND THE MARION E. FETHER MEDICAL CENTER TO PROVIDE BETTER COORDINATED INDIGENT HEALTH CARE. (STAFF'S REQUEST). ADD: ITEM 9(B) - MEMORANDUM OF UNDEKSTANDING - PROGRAMMATIC ENVIRONMENTAL IMPA~ STATEMENT PROJECT - U.S. AP. MY COP. PS OF ENGINEERS. (COUNTY ATrOKNEY). ADD: ITEM 10(I) - TOURIST DEVELOPMENT TAX DISCUSSION (CHAIRMAN HANCOCK). ADD: ITEM 10(S) - WAIVER OF PERMIT FEE - WISHING WELL FOUNDATION (COMMISSIONER BERRY). ~ttOCLAMA TION th~ Ev~ttade~ National Park wm au~horlr, td on ~ 10, 19~4 ~ t~ U~ted ~ Co~ ~ ~ ~tabl~ on ~ce~ 6, 1947; ~ ~ ~~ 6. 1947, ~t~ H~ ~ T~f~ ~~ t~ ~n of t~ E~rgl~s N~o~ P~k In I947 ~mt~ed m~e t~ tb~ Ev~rgtades l,?~onal Park/wa b~tn set ~ ~ a ~lic ~k for t~ ~t ~ b~ ~ t~ ~ t~ E~ N~o~ P~k ~o ~; a ~~ oft~ r~on ~t~ E~ N~o~ P~k ~l ~ tc~ ~ U ~ ~ 1947, ~ E~~ Cl~ ~g t~ ~h ~ e~a~ ~l ct~ to ~ici~ in t~ cele~on of t~ 5~b ~rs~ ~t~ E~~ N~o~i P~ ~~ 0~~ ~ 2~h ~ of 3~, 1~7. ~ OF CO~ co~lO~ CO~ CO~ ~A D~IGHT E~ BROCK. CLERK TIMOTtPt L. HANC~ AICP, CHAIRM~; -- AGENOA}~,,~TEH NO._ ~' -- AU6 26 1997 BOARD OF COUNTY COMMISSIONERS COU.tER COUNTY. FL.OR~A 1. C, enemi Fund (001) FY 96/97 2. Commurtity Development Fund (113) FY 96~97 3. Faciiti~ Cons~ Fund (301) FY 96/97 1997 ANALYSI~ OF CHANGES TO GENERAL FUND (001) RESERVE FOR CON~NGENCIF-.~ For the meeting dat~ of August 26, 1997 FY 1996-~7 REVEIllE FOR CONTINGENCIES: OdgtnM Budget 10/01/96 C~lnt Bel~nce 8/15/97 (Ke(:hJct~) ~ increases 8s ex~lair~d below B.A. Request 11-27.,g6 48 EXPLANATION OF REDUCTIONS Explanation To repair lyre bottoms of lhe activity and plunge pool. 4,675,900 5,143,119 S 467~19 (Reduction)/ Increase (16,500.00) 12-11-96 64 To pay Utility expenses for Immokalee Child Care Center (1 ~ ,000.00) i2-11-g6 68 To repair He Central Library Chiller (14,475.00) 12-31-96 1-16-97 1-22-97 92 Reduce bander to Road and Bridge due to additional 41,300.00 revenue receivecl fro rc~Jway ~ end mowing. 110 To execute the Fair Labor Standards Act ~ettleme~t agreement (42,770.00) and retease~ ~ plantlffs no longer employed by EMS. 119 To recognize carry forward and reduce required budget revenues. 1-31 -g7 143 To I~'Oceed wtt~ Tax Deed Appll~k34~s for delinquef~ taxl~ for 1994 tax c~te~. (35.5oo.oo) 2-11-97 163 To fund gain sharing awards as approved by BCC 12-17-96 (80,956.00) 187 To fund emergency repairs to the Immokalee Jail, NaiVes Jail and building K ice machine. 202 To pay Ihe cost of hiring a new County Admtni~lmtor. (12,500.00) (~5.5oo.oo) AUG 2 6 5-5-~7 5-7-87 248 252 Improvement~ end new furniture for the Golden Gate Library. To provide funds for mandated Medicede costs. (53,000.00) (435,000.00) 290 Reduction in expenses and recognize contributions from WCl for purchase of land i~ W'~ggins Bay Basin. 47,600.00 6-18-~7 29g To fund Summe~ Youth Nights ~ Naple~ end Immokalee (lO.OOO.OO) 6-25-97 8-7-G7 312 392 401 To cov~ the cost of updates to the Collier County Code of Law~ and Ordinances. To fund a Law Enforcement and Co~ecttonal FacUlties In'~act Fee Study. To cover County Managers terrnination fee, and cost for new manager. To pay for I~e first year of maintenance for HRIS. (14,500.00) (95,500.00) (91,900.00) (20.500.00) Amendrnents amounting to less then $10,000 each: (No.: 29. 17, 66, 69, 51. 161,162,336) s (3~,Mo) Total Reductions S 467,219 AU6 2 6 1997 ANALYSI~ OF CHANGF-~ TO COMMUNITY DEVELOPMENT FUND (t13) RESERVE FOR CONTINGENCIES Fo~ the meeting date of August 26, 1997 FY 199~-97 FOR CONTINGENCIES: C~tlm Balance 8/15/97 (l:~duc~s) ~ increases ss ex~eW~ed Date 1-22-97 112 EXP1..ANATION OF REDUCTIONS F~nlmnatlon Funds ~ovtded by excess carry forward 277,400 749,600 S 472.200 (Reduction)/ S 4a5,2oo .oo 5-30-97 285 Funds needed to continue microfilming building permit flle~ to m (13,000.00) room for additional record storage. Tot, si Reduclk~s $ 472.200.00 AU6 2 6 1997 p~ I ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) RESERVE FOR CONTINGENCIES For the meeting data of August 26, 1997 FY 1996-97 REd. WE FOR CONTINGENCIES: Odlrrm 6udget ~0/0~/96 Cummlt B~lance 8/15~97 (l~edu~s) or increases as explained below EXPLANATION OF REDUCTIONS ~ Request Expl,,n-tton 2-11'-g7 148 Addition cam/fo~vard is needed for ongoing projects for 1997. 2.24,.07 156 Funds not needed for Lighting Reb'oNs, returned to rese~ves. 196 5-2'3,4}7 281 7-3-g7' 324 7-18-g7 356 $ S Funds needed to cover t~e cost of professional Im'~scaping for East 41. Funds needed to upgrade NC system, Secure/, Signage, and repair to bathrooms at Immokalee Aquatic Center. To install e~trical circulating fans in each day room at ttm County's main jail. To replace the air conditioner at tt~e kitchen in the Immokalee Jail. (R~duct~on)/ Incma~ t5,000.00 (32,000.00) (28,420.00) (26,375.0O) (11 ~o2.oo) Amendments amount~g to less then SI0.CXX) each: (No.: 25, 210.302.309,325.338) (28,851.00) Total reductiorts a~?.c #OA XTD~ AU(} 2 6 1997 II_m I _ EXECUTIVE SUMMARY REQUEST APPROVAL OF REGIONAL STORMWATER MANAGEMENT STUDY FOR WIGGINS BAY BASIN, ACKNOWLEDGE DEVELOPERS CONTRIBUTION AND AUTHORIZE STAFF TO IMPLEMENT STUDY RECOMMENDATIONS. OIS,[ECTIVE: To obtain Board approval of Study and authority to implement Study recommendations. CONSIDERATIONS: This 2300 acre basin is located in the northwest comer of the County and even includes drainage from the Spanish Wells development in Lee County. The Basin consists of many varied types of land uses including several large tracts of undevelol~d property. Flooding in the area has become an increasing problem and development in the lower portions of the Basin was creating a critical situation that came to a head in the Summer of 1995. At that time flood water was backed up through the whole system from south to north and didn't bleed down for several weeks after the August '95 Tropical Storm Jerry. The problem was determined to be a lack of a defined drainage ouffall south of Wiggins Pass Road to the tidal canals of the Cocohatchee River. The County's Stormwater Management Department has requested Agnoli. Barber & Brundage, Inc. , under the Annual Services Agreement and Work Order #ABB FT-96-4, Contract ~95-2422, to investigate and provide a preliminary stormwater management ~udy for the area commonly known as the Wiggins Bay Basin. This Study was prepared to assist Collier County in the review of future development requests within the basin, to identify the location and size of the basin's ouffall, to establish legal descriptions for maintenance easements for the identified outfail, and to make recommendations regarding the location and size requirement of major drainage culverts/flowways within the Basin. The Study evaluated the hydrology/hydraulics of the Basin outfall system and determined that the limiting components of the system, (culverts under US-41 and Wiggins Pass Road) had a runoff rate of 0.13 cfs per acre. The natural flowway system south of Wiggins Pass Road was then evaluated to determine its carrying capacity assuming it was in a restored condition. This evaluation determined that additional high flow capacity was neces~atry in the form of excavated swales around and through properties ~outh of Wiggins Pass Road owned by the Diocese of Venice and the Future Citizens Inc. In addition, to properly collect and distribute the stormwater runoff within the Basin, other improvements along the east side of Vanderbilt Drive and along Old US-41 near Sterling Oaks are recommended as a second phase of the overall project. Executive Summary "Wiggins Bay Basin" Pag~ 2 The estimat~ cost of implementing the Studies recommendations is a follows: 1. Selective clearing and &bris removal from natural flowway south of Wiggins Pass Road 36,000 Capiufl improvement a)South of Wiggins Pass Road (Phase I) b) North of Wiggins Pass Road (Phase II) S 30,000 SlOl,O00 3. Estimating Contingency $ 38.000 4. Engineering/Surveying & Other $ 69.000 Total = $274,000 In 1996, WCI Communities requested approval for their Tarpon Cove PUD which lies north of Wiggins Pass Road and west of US-41. Because of their potential impact on the overall basin system, they were requested to make a fair share contribution to thc possible improvements to flow in the Outfall south of Wiggins Pass Road. On December 12, 1995, the County adopted Ordinance No. 95-76 which created the Tarpon Cove PUD and, as required by Section 6.712) of the PUD Ordinance, the owner/developer is required to pay their fair share of any necessary off-site drainage system improvements since the existing off-site drainage system capacity has been determined insufficient to convey the flows exiting from the Tarpon Cove PUD. The County and WCI, owner/developer of Tarpon Cove PUD, have determined and agreed that WCI is to negotiate to purchase and convey to the County certain real property legally described os Lots $, 9 and 10, Sup. ny Trail Heights Subdivision, recorded in Plat Book 4, Page 43, Public Records of Collier County., Florida. This land is to be used by the County to inerea~ the drainage system capacity of thc watershed ~ surrounding and including Tarpon Cove PUD. A Fair Share Contribution Agreement was entered into between thc Boa,'d and WCI on I)ecemb~ 17, 1996. On January 30, 1997, WCI fulfilled their financial obligation outlined in thc Fair Share Ag~,alaent by: Providing to the County a Warranty Deed for Lot 8 and thc N 30 fl of Lot 9, Block 4, of Sunny Trail Heights as shown on the plat recorded in Plat Book 4, Pagc 43, Public Records. (Parcel "A") Executive Sununa~' "Wiggins Bay Basin" Page 3 2. Presenting a check for $30,000 to the County to be used in the pta'chase of Lot 10 and the balance of Lot 9 of subject plat. (Parcel "B"). Staff recommends that it be recognized by the Board that WCI has fulfilled the terms of the Ftir Share Agreement. Staff also recorru-ncnds that it is necessary and in the best interest of Collier County to acquirc drainage interest by easements, and/or tee simple title for properties south of Wiggins Pass Road which is required and necessary to supplement and provide the protection and maintenance of the natural sheet flow of s'tonnwaler drainage wiOtin the areas south of Wiggins Pass Road. In order to implement the recommendations of ~ Study, professional engi~g services will be requ~red to plan, design, and provide services during the co--on of the improvemenu. A Proposal elated July 15, 1997 was received 6'om the engineering fittn of Agnoli, Bad~r & Brundage, Inc. The proposal for all enl~eeting and surveying services including during consm~tion supervision for bot~ P'nase I (improvements south of Wiggins Pass Road) and Fha~ II (improvements nor~ of Wiggins Pa~ Road) totnls $37,000. The Proposal has been incorpor'a~e~ into Work Ord~ # ABB-FT-97.2 tu~ler ~ terms of the Annual Contract Agn~tment for Fixed Term Professional Engineering Set~c~ (RFP 2422). Staff is recommending Board approval of this Work Otd~ and the furore atttbotity for Staff to process a Budget Amendment and to issue Purchase Orders not to exceed $37,000 for the professional engineering services required for this projecl. FISCAL []VIVACe: Funds in the amount of 536,000 to selectively clear and remove debris from the natural flowway south of Wiggins Pass Road will be included in the FY 97/98 Budget as ~ Contractual Service~ 001-1T2930-634999-(X)O0. Funds to initiate the planning phase of thc project (cngineerin&, intetdepmln~tal payment services and permiu) ate cunently budgeted in 325-172972-31212 totaling $37,000. Funds to cover portions of the proposed improvements in Phase I & H of ~ project ar~ proposed in the FY 97/98 Budget in the amount of $156,900. GROWTH MANAGEMEIyT IMPACT: Prepe'ation of this Stormwater Management Study and the implementation of its recommendations is consistent with the goals and objectives of the County's Growth Management Plan. ~ve Summary "Wiggins Bay Bnsin' Pnge 4 RECObIMENDATION: County Commissionerx Staff recommends the following actions by the Bo~d of 1. Apl~oval and ado~ of th~ Regional SU)rmwnter Manag~ Study of Wiggins Bay Ba.~in ns p~ by Agnoli, Barber & Bru~e, Inc. 2. Directing Staffto ~ amendmer~ to Ordinance No. 90-10 comained within the County Land Development Code to limit permitted discharge rates of storrnwa~"r runoff from new developmen~ in the Basin to 0.13 cfs/ac. 3. Recognition that WCI Communities has fulfilled the terms of the Tarpon Cove PUD Fair Sha~ Atp~"ement by: a) Recording the W~-ranty Deed for Lot $ and N 30 ft. of Lot 9 (Parcel "A'), b) Receipting the $30,000 check to be used by the County in puxehnsing Lot 10 and the balance of Lot 9 (Parcel "B"). Approving and authorifing the Chairman to sign Resolution No. 97- nuthorizing the acquisition by gift or purchase of a fee simple interest in the south 40 feet of Lot 9 and all of Lot 10, Block 4, Sunny Trail Heights Plat (Bk 4 - Pg ,*3) and authorizing the aextuisition by gift or purchase of non-exclusive drainage ~ flownge easements from those properfes involved with the proposed excavated swales and cleating of the natural flowway system south of Wiggins Pass Road and the improvements to the system in the upper renches of the Basin. Approval of Work Order # ABB-FT-97-2 with Agnoli, B~oer & Brundage, Inc. for engineering/surveying services for both Phases I and II in an amount not to exceed $37,000 including authority to process a Budget Amendm~t and to issue Puxcha~ Orders for the professional servic¢~ required for this project. PREPARED BY: ~ ~ P.E., P.S.M. Ston~water Managemsnt Director I~¢: ~:X-14 ~' Ed fi-schn~, ~)~blic Work~ ~dz~nislxa ¥ I 2 3 10 11 13 17 19 ~3 R.ESOLLITION NO. 97 - ~ RESOLUTION OF THE BOARD OF COUNTY COMM]SSIONEP. S OF COLLIER COUNTY, FLORIDA, AUTHORIZING THEE ACQUISITION BY GIFT OR. PURCHASE OF DRAINAGE INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE WHICH ACQUZSITIONS ARE REQLRRED TO I~CREASE AND PROTECT TH~ DRA~qAGE SYSTE~ CAPACITY OF TEE WATERSEED AREA ~ THE WIGGI]qS BAY BASI~T DRAXNAGE AREA. WHF. REAS, th~ Wiggin~ Bay Basin, Iocau~d in N~ Collio' Co~ty. i~ ~ 2.300 acres end. prior to dcvelopmcn~ m:~ivitics, was ~ ~ · sys:an ofwe:land sJouShs in · soul, fly dlrcctiou w~ ult~n~te o~fxl! into the fi~hl wctLmd s~.cms ofW~f~ins B~. Lind developmcm in thc B&sin is rcquh'cd by r~ul~tory aSencics to accept off-site flow which historically ptss~ throu~ their site and were then required to discbm~e flow fn~n Ll~4r sitcs via spreader swales. Due to existing arid possible f~tm'c development south of Wi~ins Pm Road. there is · potential for thc natm'dl omfall flowway to be 'pifltbed ofF' which would cause upstream flooding and ~. altcmmc Iocatiotu, ¢~vircmmental fac'tars, Song range planning, cost variables. cono,,,~c~, and safety and welfare considerations have been reviewed u they rthte m the implcment~ion of said drainage improvements outlined in ~ 'Re~io~a] Stormwata 1~ Stud./for Wit~ins Bay Basin" u ~ b./^gn~lia. Berber & Brxmd~ and i~ has been furor recom~cnded b~/Count~ Sea, that is necessa~ snd in the best inter, ts of Collier C. oun~. ~ to n~intain flcxJbili~ over the ncquisi~on of proper~ ri~t required for the Wi[~ins Bay Basin ~ Improvements. bcrcina.ftcr rcfc~r~d to as "Project" as identified on Exl~bit 'A' att~cbed be~-to and WHEREAS. Sta~has tlso r~.~uunend~d that it is necessary and in the best inte~sts of Colli~ Count~. Florida. to ncquire d~na~e inter~s by easement snd/or fee simple title for properties South of Wiggins Pass Road to provide 0~e i~otect~ou and ms~ntenance oft~e naturnl sheet flow of' stormweter dr~nage witl~ the ~ desc~bed in ExEibit "A'. attached I~.eto and incorpo~ herdn; snd NOW, THEREFORE, BE IT RESOLVED BY TT~ BOARD OF COUNTY COM]MISSIONERS OF COLLIER COUNTY, FLORIDA, ?:}./ i 2 3 6 ? 9 lO II 12 13 14 I$ 17 18 19 2O 21 22 25 26 27 28 29 30 1. The Board has considered altg,rn~ locations, envirunme~,,tl factors, ions rsn~ planninl, coat variables, concurrence sz~d safety and w~lfare cordideratioM relating to the final ~ Iocafi~ of the drah~ge improven~uts ~ related facilities. 2. The dr~ina&,e interests by easement ax,d/or fee simple title ac. quLlitions id4mtified on Exhibit 'A' are thc most fca~'ble locations, both neceua~/and cousi/tera with the project ~ in tinier ~o Wiggins 1~ay Sasi~ Drai~ge ~:n'ovem~u 3. Tl~e Boat. d hxs determine t dxat thc construcxiun ax'zi mxinxenance of the draim~e ~ and related facilities are ~ for public purpose and ia in the best ime~sts of Collier County. 4. The consuucdon and maintenance of the draira~ improvements and related facilities compatible with the ions rzn$¢ ptann~ Bo~s and objectives of the Growth Manage~nent Plan for Collier County. $. It is necessary and in the best interests of C°llier C°unty f°r the B°ard t° acquire drainage interests by essetnent and/or fee simple title identified in E.v~u'bit 'A'; and County Staffis her~y authorized and d~tocted to ac. quire by gift or putchaee the drainage interests by cut. meat and/or fee simple title un the properties identified in £x~'bit 6. The C'nairman of the Bozrd is her~d~y authorized to execute ApprniuI Agreements with the app~uJ ~n(n) selected fzom the list of firms pre.qualified by the Bozrd of County ~i~ione~. d~-rmines ia necessary to best serve the neq~h of the projeel in a timely and co~-effecdv~ manner. ?. The Board, in sccordance with the Provisi°ns °f Chapt~ 125'35 $' Florida Statutes' I~n~b'/ formally waives the requirement for a form-I, independenl spprai~%l report for the pu~.hase pr~erty where the pm'chaae price of the pa~.el (the compe~afon due lo the prol~'ty o~a,m~) is less thaa On,: Hund~l Tbouund m~d 00/100 Dolhtrs ($100,000.00). In lien of the independent al~raini report, st~'f ~ het~.y au0x~rized to make purchase offers for the properties, the ~ollar amoun~ of which shall be predicated on "staH'~o~ estim-_t~' baaed upon independent ~ (and the data ther~f~um) obtained on similu prupe~es and upon consideration and spplicafoa of appropriate rn~ket value and cost data p~inent to the subjec~ pa~ets. property acquisition. Real Property Management Department staff is hereby direeted to offer .... :- ! /mmedi~e d~liv~y 3 ~ S~), in ~ f~ ~e i~iate ~ ~ ~ of ~ ~ve ~ ~ 4 f~ ~le title, ~ s~h ~ le~ ~ ~ ~ ~ ~ C~ A~s O~ 6 p~ 7 w~ch ~e ~ ~ov~ ~ ~ O~ of~e ~ A~, ~ ~ve ~ U~ of~y I I ~ ~ 12 ch~ 14 ~ ~ v~l~ ~ ~y ~ly ~ ~ w~ it h ~ ~ ~ ~ of~ ~j~ ~ 16 19 10. ~ ~ ~l~t ~ ~ is ~le~ ~ ~ ~ m ~ ~t ~ ~h 22 A~~ ~ o~ ~ m ~11 ~~ ~d~ ~~i~ 24 ~y 25 12. ~ ~ a closing siateme~ snd which shall be bs,~ed upon the st~r~is~! or ~ffco~ ~ ~ ~r~ ~ ~s R~lu~ ~ ~e ~si~ of S~ 125.355. fio~ S~. 13. ~1 ~ge ~ ~ ~ int~ in ~ w~ch ~ve ~ ob~n~ ~ ~ ~ d~ ~e ~1 ~ ~ "~t~" by ~e ~ of~ Co~imo~ ~ ~ gov~ ~y offing ~, ~ a ~lifi~ ~si~ of~ S~ offiofi~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~blic R~ ofColli~ ~, ~ofi~ ~d ~ ~ f~ s~ple rifle ~ ~h ~ ~ ~ ~y ~ ~ lo ~ve ~ li~ of~Y ~~ ~ 9 THIS RESOLUTION ADOPTED on this 10 md majority vote. I1 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATED: AITEXT: DWIGHT E. BROCK. CLERK day of ,1997, after motion, secured BOARD OF COUI",~'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN Approved ~ Io form and legal sufficiency: Heidi F. A~ton Assis~nt County Attorney *' folio No: 001SS800003 Parcel NO: 801 DESCRIPTION OF A. DRAZNAGE: EAS£/q£NT A STORM WATER MANAGEMENT EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16. TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COLrNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 80 FEET AND THE SOUTHERLY 80 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND AS RECORDED IN (OR BOOK 1399. PAGE 1466); COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORHER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, RUN SOUTH 00'36'47' EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.01 PEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF V/IC, GINS PASS ROAD; THENCE NORTH 88'0704" EAST ALONG SAID RiGHT-OF-WAY LINE 233.45 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'36'47' EAST 294.65 FEET; THENCE SOU'TH 60.17'58" EAST 277.97 FEET; THENCE NORTH 52°Ck5'25' EAST 82.41 FEET; THENCE SOUTH 86'24'24' EAST 45.81 FEET', THENCE SOUTH 29°01'17" EAST 183.62 FEET; THENCE SOUTH 54°01'37" EAST 53.58 PEET; THENCE NORTH 81'33'49" EAST 56.33 FEET; THENCE NORTH 00'33'41" WEST 38.00 PEET; THENCE NORTH 60'14'47' EAST 42.43 PEET; THENCE SOUTH 81°28'33- EAST 53.38 FEET; THENCE SOUTH 30'00'i9" EAST 57.10 PEET; THENCE SOUTH 67'32'19" EAST 162.03 PEET; THENCE NORTH 75'I 5'34" EAST 93.66 PEET; THENCE NORTH 55°21'21" EAST 89.35 FEET; THENCE SOUTH 49°39'10- EAST 61.62 PEET; THENCE SOUTH 64°36'34' EAST 59.35 FEET; THENCE SOUTH 63°42'06" EAST 128.81 FEET TO AN IRON PIN ON THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00'43'41" WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHWEST COP,=NER OF SUNHY TRAIL HEIGHTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00.41'50" WEST ALONG THE WESTERLY LFNE OF SAID SUBDIVISION 676.63 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WIGGINS PASS ROAD; THENCE SOUTH 88°0'T04' WEST ALONG SAID RIGHT-OF.WAY LrNE 1140.01 FEET TO THE POINT OF BEGrNNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AONOLI. IR & e .{/NDAGE. INc. PROFESSION Pt. AN RS S VEVO ~F: ~B DWG. FILE NO. 5872R Page { of ~ SHEET I OF 2 £9'919 I 3.i~,9~.00 S Paae ~ of R '' ' Folio Number : 00155800003 Parcel ~o: 802 (REVISED 3/4/97) DESCRIFTION OF A DRAINAGE EASEMENT A DRAINAGE EASEMENT OVER. UNDER AND ACROSS ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRfBED AS FOLLOWS: THE EASTERLY 35 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND AS RECORDED IN (OR BOOK 1399, PAGE 1466); COMMENCING AT A CONCRETE MONUMENT IvLARX. ING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, RUN SOUTH 00'36'47' EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 30.01 FEET TO THE SOUTHERLY RIGHT.OF.WAY LINE OF WIGGINS PASS ROAD; THENCE NORTH 88°07'04. EAST ALONG SAID RIGHT.OF-WAY LINE 233.45 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'36'47" EAST 294.65 FEET; THENCE SOUTH 60'17'58" EAST 277.97 FEET; THENCE NORTH 52'06'25" EAST 82.41 FEET; THENCE SOUTH 86'24'24" EAST 45.81 FEET; THENCE SOUTH 29'01'17" EAST 183.62 FEET; THENCE SOUTH 54°01 '37" EAST 53.58 FEET; THENCE NORTH 81"33'49" EAST 56.33 FEET; THENCE NORTH 00'33'41" WEST 38.00 FEET; THENCE NORTH 60'14'47' EAST 42.43 FEET; THENCE SOUTH 81'28'33" EAST 53.38 FEET; THENCE SOUTH 30°00'19" EAST 57.10 FEET; THENCE soLrrH 67'32'19. EAST 162.03 FEET; THENCE NORTH 75'15'34' EAST 93.66 FEET; THENCE NORTH 55'21'21" EAST 89.35 FEET; THENCE SOUTH 49'39'10" EAST 61.62 FEET; THENCE SOUTH 64°36'34" EAST 59.35 FEET; THENCE SOUTH 63'42'06" EAST 128.8! FEET TO AN IRON PIN ON THE EASTERLY LrNE OF THOSE ~S DESCRIBED IN O.R. BOOK 922, PAGE 1501 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOR.IDA; THENCE NORTH 00°43'41' WEST ALONG SAID EASTERLY LINE 12.48 FEET TO A CONCRETE MONUMENT MARK.lNG THE SOUTHWEST CORNER OF SUNNY TRAIL HEIGHTS, A SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°41'50" WEST ALONG THE WESTERLY LINE OF SAfD SUBDMSION 676.63 FEET TO THE SOUTHERLY RIGHT-OF.WAY LINE OF WIGGINS PASS ROAD; THENCE sOLrlT[ 88°0704' W~.ST ALONG SAfD RIGHT-OF-WAY LINE 11~0.01 FEET TO THE POINT OF BEGINNTNG. SUBSECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BA~. ER a BRUNDAGE, INC. PROFESSIO~ ENTERS, PLANNERS AND LAND SURVEYORS sv llll.~, q P. P .M. NO. 43 0 REF: ABB DWG. FILE NO. 5872 SHEET 1 OF 2 Page 3 of ~ [,,/ P~rc~l ~o~ 802 S 00'$6'47"F. 294.65 676.63 A DKA~NAGE EAS£~ OVEJ~ UNDE~ AND ACROSS ALL THAT PART OF TH~ SO~ QUARTEK O£ SECTION 16, TOWHSH~ 4] SOUT~ I~NGE 2~ EAST, COLLX~ COUNTY. ln_X)BJX)A; BEING MOi~ PARTICULAI~Y DESCRIED AS FOLLOWS: TIlE WESTEIU. Y 40.00 FELT OF THE FOLLOWING DESCRIBED PARCELS OF LAND AS RECORDED ~ (O.P.. BOOK 752. PAGE 1263); PARC~A COMMENCTNO AT THE EAST !/4 COKNEK OF SECTION 16, TOWNSH~ 48 SOUTH, KANGE 25 EAST. COLLIF..R COUNTY. FLORIDA; THENCE ALONG TH~ EAST AND WEST 1/4 ~ OF S~ S~ON 16, SO~ 8~1~ ~T 3.14 FE~ TO ~ ~E~ON OF S~ 1/4 ~ ~ ~ T~G~ TO ~ ~ OF ~ E~T ~G~-WAY ~ OF U.S. ~i, (~, ~ T~ ~); ~ ~ONG S~ T~G~ ~ ~NO S~ E~T ~G~F-WAY L~ SO~ E~T 14~.30 ~ SO~ {~5~0' ~ST 610.~ ~ TO A CON~ MO~ FO~ AT ~ NOR~T CO~R OF ~OSE ~S D~~ BY D~D ~CO~ED ~ D~D B~K 15, PAGES 5~ ~ ~7, CO~ CO~ P~C ~CO~S, COLLAR CO~, ~O~ ~ ~ PLA~ OF BEG~G OF ~ P~ ~ DES~; ~CE CON'TIN3.FINO SOUTH {{'59'30' WEST 621.74 FEET TO TI-[E EAST LINE OF GU1-F IlARBOR, A SUI}DIVISION AS RECORDED ZN PLAT BOOK 4, PAGE 31, COLl.[ER COUNTY PUBLIC RECORDS; ~ ALONG SAR) EAST t. ZHE, NORTH 0'42'36" WEST 126.96 FEET TO THE NOP, TItF. AST COKNER OF SAID ~ EAR.BOR; THENCE NORTH 0042'36" WEST 625.5! FEET TO THE SOUTHWEST COR.XiER OF IOT I0 OF BLOCK 4, OF SUNNY TRAIL HZIGHTS, A SU~Drv'ISION AS RECORDS DfN FLAT BOOK PAGE 43, COLLi~..R COUNTY PUI}L.IC RECORDS; TH~'NCE ALONG THE SOUTH ~ OF SAID SUNNY TRAXI. HEIGHTS, NORTH EAST 617.22 FEET TO A CONCRETE MO~ I:OUND AT TI~ SOUTI~AST CO~ O1: lOT 15, OF BLOCK 2, OF SAID SUNNY TRAR. Il;EIGHTS; TI-IENCE SOUTH 1'03'14' EAST 754.99 FEET TO THE PLACE OF BEGfNN~G; BEING PART OF ~ SOUTi-tEAST I/4 OF SECTION 16, TO'WNSHI]) 41 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EASEI~=NTS AND RESTRICTIONS OF RECORD; CONTAII4~fG 10.72 ACRES OF LAN~, MORE OR LESS. SEEET 1 OF 3 Main ~ 7400 Tsm/am/T~I N., Suite 200, Napfct, Floe~da 33963 · (941) S97-311 ] · FAX: {941 ) $~6-2203 L~ee Goqsnt~ 1625 Hend~ St., Suite 10 I, Fort My~r~, FIo~da 33901 · {94 ! } ~134-I 173 · FAX~ {941 } 3J4-I 1 ?S Folio ~o: 001S4960009 Psrce! go: 803 PARCEL B COI~Vl~NC~G AT THE EAST I/4 CORNER OF SECTION 16, TOWNSI-RP 43 SOUTI~ RANGE 25 EAST, COLLAR COUNTY, FLORIDA; THENCE ~ONG ~ ~T ~ ~ST 1/4 L~ OF S~ SE~ION 16, SO~ 88~1~ ~ST 3.14 ~T TO ~ ~E~ON OF S~ I/4 L~ ~ ~ T~GE~ TO ~ ~ OF ~ E~T ~G~F-WAY L~ OF U.S. 41, (S-~, ~ T~ ~); ~N~ ~ONG S~ T~G~ ~ ~ONG S~ E~T ~G~F-WAY L~ SO~ 1~0" E~T 1480.50 ~ET; ~ SO~ ~'5~ ~T 150.~ ~ET TO ~ ~T ~G~F-WAY L~ OF S~ U.S. ~N~ CO~G SO~ 11'5~6" ~T 610.40 ~ET TO A CON~ MO~ FO~ AT ~ NOR~T CO~ OF ~OSE ~S D~C~ BY D~D ~CO~ ~ D~D B~K I ~, PAG~ 5~ ~ 567, CO~ CO~ P~C ~CO~S, CO~ CO~, ~O~A ~ ~ ~ OF BEG~G OF ~ P~ ~ DESC~ED; ~ ~NG ~ ~T L~ OF S~ L~S, SO~ 1~0' ~T 2~.~ ~; ~ SO~ ~'~0' ~ST 623.12 ~T TO ~ ~T L~ OF G~F ~O~ A S~DI~SION ~ ~CO~S D~ P~T B~K 4, PAGE 31, CO~ CO~, P~LIC ~CO~S; ~ ~NG S~ E~T L~ NOR~ ~4236" ~T 2~.~ ~; ~ NOR~ I1~0' EAST 621.74 ~T TO ~ PLA~ OF BEG~, BErG A P~T OF ~ SO~T I/4 OF SE~ON 16, TO~S~ 41 SOA ~GE 25 E~T, COLL~ CO~Y, S~ TO ~~S ~ ~S~ONS OF ~CO~; CO~G 3.~ A~S OF ~ MO~ OR LESS. AGNOLI, ~ER~R~*GE, ~C REF: ABB DWG. FILE NO. :5887 SHEET 2 OF 3 Page 6 of ·e P.O.C.-----~ CORNER SECTION 16 5UN!'i;" TRAIL HEigHT5 · I I ' ~ I PARCEL A ~ I i I '~~ ~1 PAROEL B ~ ~ NOT A SURVEY FL~IDA RA~ 25 EAST SKE~ * DESCRIP~ ~ DRAINA~ EASEmeNT ~EET 3 OF,3  HOU ~dote: DEC. 9, ~996 Paga 7 o~ 4~ : /,.~' Folio Number: ~ Fee Simple Title Parcel: I01 EXHIBIT "A" THE SOUTH ~) FEET OF LOT 9 AND ALL OF LOT 10, BLOCK 4, SUNNY TRAIL HEIGHTS, ACCORDING TO TH~ PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 43, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. WORK ORDER # ABB-FT-97-2 Agreement for Fixed Term Professional Engineerin~ Service~ 0~,Fp #95-2422) This Work Order is for professional engineering r~rvices for work known PROJECT: Wiggins Pass Road Ouffall The work is specified in the proposal lener dated July 15, 1997, from Agnoli, Bather & Brundage, Lac., which is attached ber~o and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # ABB-FT-97-2 is assigned to Agnoli, Barber & Brundage, Inc., in Naples, Florida. $co~e of Work; The Engineer shall: 1. Prepare con.s~'uclion plans, specifications, enginet~ opinion of probable cost and documents for SFWMD/USACOE permits, 2. Provide engineering services during the constn~on phase, 3. Provide land s~rveying services including design topographic surveys, co~tmction layout services and additional easement documents, if necea.naty. ~ Complete within 120 days of issuance of Notice to Proceed. In accordance with Article Five of the Agreement, the County will compensate the Firm on a hourly raze basis plus reimbur~ble expenses upon completion ofth~ work. Total ~ Fee (Both Phases) = $37,000 Work Order ii ABB-FT-9?-2 Agr~mcnt for Engin~'ring Services Page 2 Approved By: $oh~ B°ldi, P.E., P.S.M., Dh'~a:~ Stormwater Management De13artment 7-1 '-77 Datc: ATTEST: By: Typed Name ~nd Tide (or) wimcsses (2) (Print Name,) / fi~oli. Barber & Brunda~e. Inc. By: r~i~xxatu~ ~ Dmiel W. Brund~le. P.~ Dat~ (2) (Priza Name) Doc: F-23 Worker Order/ABB-FT-97-2 ~uly 15, 1997 Mr. lohn H. Boldt, P.E., P.S.M., Direaor Smrmwatcr Mana/emem Deparmm~ Collier County Oovcmme~ Complex 3301 Tamiami Trail East, Building H Naplcs, FL 34112 i~: Wiggins Pass Road Outfall Design/Permiuing Proposal, ABB PN 7316/X002 Dear Mr. Boldt: Al your request, Agnoli, Barber & Brund~e, lac., is pleased to submit this proposal to rend~ pwfessional services for the Wiggins P~ss Ro~ Outfall lmprovcments con.s'micfion plan, permi,,i~g and comm~on services. The d~i~n of the ixoposed improvements will be bas~i upon the report entitled "Re/ional Stormwster Msn~ernem Study for Wi/gins Bay Basin" ira:pared by Agnoli, Ba.,ber & Bmnd~e dated Jmusry 1997. hereinafter refer~ to as Client, me wuowmg protemonm scm . !. SCOPE OF SERVICES Ao A.I. ~on p~sns - B~d upon the recommead~om coatsiaed in the ~bov~ ~~ ~ ~1~ ~on pl~ ~~ ~ ~'s ~ of ~le ~ for ~ fo~o~ ~~ ~v~. Wiggim Pros Ro~! Swale Improvements from ~ ~r ~ ~ S~y T~I Hfi~. b. ~ ~e ~o~ ~ ~ly ~ge of S~y T~I ~ ~ ~ 7~ T~ T~ N., ~ 2~, N~ ~ ~1 ~ · (941) S~-{l I 1 · F~ (~i) ~ ~ ~ 162S H~ Sc, S~ 101. ~ M~ B~ 3~1 · (941) 3~-1173 · F~: (~1) ~1 !~ A.2. A.3. Proposed swale along the westerly edge of the Future Citizem property from Sunny Trail Heights subdivision to the ouffall canal. do Proposed divenion control structure on the south side of Wiggins Pass Road between Gulf Harbour Drive and Sunny Trail Heights. Vanderbilt Road Swale lmprovemen~ from Wiggins Pass Rond to Old U.S. 41 Sw~tle Improvements f~om Ra~lhe~l Boulevard to New U.S. 41. Proposed 30" R.C.P. culvert and headwa]ls under Old U.S. 41 in the vicinity of Sterling Oaks Drive. ~ Submit the required number ofplan sets and design reports to the United States Army Coq~ of Engineen, the South Florida Warn' Management District, and the Collier County Development Services fKight-of-Way Permit Section) for ~e purpose ofob~ni construction approva~ of both phases of the proposed hnprovemenm Cor~ruction Services. These services would include the required constrt~on meetings, checking shop drawings, periodic consttoction observation to observe, in general, R~e q~dity of con.mucfion and conform~n~ with the ~ecifications, and assisting the client in pay r~quests and change orders. B.l. l~. Provide Professions] Land Surveying services to obtain design mpogrsph~ survey md establish bench marks ~t the sites of the B.2. Con_~v_~on Control Surveys. Provide Professional Land Sut~ ,~n~ices to provide stake-out of horizontnl and vertical control to be used in co~mruc~ioo ofth~ propo~! B.3. F~-rn_ent Document. Provide sketches ami descriptions ofndditional casements, if requh~ for construction of the proposed facilities. 2. ADDITIONAL SERVICES AND EXTRA WORK Services not specirx~ included in Section i. Scope of Sc~ices will be performed as additional services on an lx~rly basis, plus reimbwsable expenses in accordsace with the pro'vide a reasonable estimate for such work sad written authorization obtained. FEES AND COMPENSATION Ao Engln~.6n~_ Services Compensalion for work performed under Section I.A. Engineering Services shall be made on an hourly basis plus r~hnbursable expenses. Our budget for both phases oft~e work is as follows: A. 1. ~on Plans S12,800 ^.2. Pmnittins S 5,000 A.3. Construction Services S 3,200 Compensation for work performed under Section I.B. Surveying Services shall be made on an hourly basis plus reimbursable expenses. Our Imdget estimate for the B.1. D~ Strveys S!2,500 B.2. Construction Surveys S 2,500 B.3. Easmsn~ Documents S !,000 Billing for services and reim~le expenses will be submitted on a monthly basis. All invoic~ am due and payable upon receipt 4. TIME OF PERFORMANCE ABB will start services promptly upon receipt of a Notice to Proceed in the form ora · County issm~ Purchase Order and complele our work withi~ 120 da~s for tl~ Phase One po~on of thc wool .ti OUTSIDE SERVICES Outside s~-vic~ not specificslly included in uSis Agra-men! sr~ ~ follows: A. B. C. D. E. F. (3. Oeo~cal ~ su~r~ ~ S~ Services not spec/fically descn~ in Sec. ! of figs A/1,~-rnent We hope em this Agr~n~ salisfactorily r~mds to your r~que~ If you have my ques6om, please do not hesitaIe w call. Sincerdy, AONOLI, BARBER & BRUNDAOE, INC. WI~.O6.01I~.PRO~Jq · 2,1 EXECUTIVE SUMMARY REQUEST THE BOARD PROVIDE DIRECTION TO STAFF REGARDING THE PLACEMENT OF DIRECTIONAL AND OTHER INFORMATIONAL SIGNS WITHIN THE PUBLIC RIGHTS- OF-WAY OF COLLIER COUNTY. ~.~[~: To provide the Board of County Commis~ione~ with an overview of several ~ of citizen reques~ received fixym ~ to time by the T~on Services ~ regarding the placement of signs other than those set forth in the Manual On Uniform Traffic Control Devices (MUTCD) and to receive direction from the Board in lmndling such requests. CONSIDERATIONS: The pl~ernent of signs within the public rights-of-way is normally limiled to those signs providing some type of traffic control or information. Guidelines for the use of signs and markings for traffic control and infornmtional devices is se~ forth in the MUTCD. a Federal Highway Administration publication. The MUTCD is incorporated by reference in the Florida Statutes and Administrative Code. Collier County has also adopted the use of the MUTCD in the Land Development Code. Signs and markings tend to divert drivers' attention from the road and from other drivers. Anached to this Agenda Summary are several illustrations of existing "private" (non-conforming) signs located within the public fight-of-way (Attachment No. 1). To maintain as safe an operating environment as possible for the traveling public, signs and marrings should be kept to the minimum necessary to control traffic and to inform the motorist of navel conditions. Toward this end, the County had endeavored to keep signs and markings consis'~nt with the MUTCD (examples of conforming signs are presented in Attachment No. 2). Up until several years ago, the exact date is uncertain, other miscellaneous signs, such as those directing travelers to churches and local attractions were permitted within the fight.of-way. At some point several years ago, the Transportation Services Department was given a directive by the County Administrator's Office (then the County Manager's Office) to cease granting requests for "private" signs. Since that time, the Transportation Services Department has followed the Manager's directive. Several times within the past few months, the Transportation Services Depaament has received requests for directional signs within the County's rights-of-way. In one case, the South Florida Water Management District requested several signs be placed on Airport Road showing the direction to the local office. In another case, a local real estate development has requested several signs along Immokalee Road to direct motorists to the proper intersections. Stuff has researched this issue with respect to how ofl~-r jurisdictions handle these types of requests and has inquired of the Institute of Transportation Engineers for their guidance. Staff'concludes when such requests are made by public agencies, the requests usually granted, within specific limim as these requests are considered a public service function. When requests are made by privau: citizens or entities, the requests are usually not granted as these requests could lead to a proliferation of signs that would cause significantly unsafe conditions due to potential driver confusion and e~..; ~: Since sign requests that milt, la be granted will rtquirt that the posting entity bear thc loud cost, ther~ should be no significant fiscal impact to the County. However, the Bored may dccm such signage to be a public service consistent with the use of available funding. In such cases, the costs could vary, depending upon the number and size of the signs. Typically, the range of costs for signs within the normal size limits oftbe MUTCD ar~ fixnn $50 to $200 per sign. The total costs to the County, if any, could be covered within the limits of available funding. GROWTH MANAGEMENT IMPACT: Not applicable. ILECOMMENDATION: That the Board dirt~ Staff to consider r~lues~ for "pfivam". now conforming signs on a case-by-case basis; that any such non-conf~ng signs to be placed within the public right-of-way be subject to a Right-of-Way Permit along with any special conditions appurtenant thereto; that Staff be directed to review any existing signs not consistent with the MUTCD and, if placed within the public right-of-way without benefit of a Right-of-Way Permit. that removed. such signs be PREPARED BY: REVIEIgrED BY~L~ ---? - - / ~d I'fschner, i'ublic ~orks Admini:~u~ior ARachments: No.! - Typical "private", Non-conforming Signs Within Public Rights-of-Way No.2 - Typical Conforming Signs Within Public Rights-of-Way Typical Non-eonformJng SEgns Within Public Rights-of-Way Attachment No. 1 Typical Conforming Signs Within Public Rights-of-Way Attachment No. 2 t'XICIFflV! SUMMAIY RECOI~rNDATION THAT 'rile I)OARD OF COUNTY CO~O~SSIONERS APPROVE AN AGREEMENT WITH Rll. INDU~ FOR THE RECYCLIN~ O~ A(IICULTURAL IK.ASTI¢ MULC~ AT THE IMEalCM~ ~ ~ ocSoti~anqrc~ncnt with RALlndumi~sokm~s~t~toRPPg'7.26S2, for the n~/cii~ od' agricultm'al l:~utJc mu~ch ~ at tbe lmmekMee L, mdflll (item 16 BI0). '¸'0 GROWTI! MANAGEMENT IMPACT: N/A RECOMMENDATION; lndustr~ Inc. and awtborize the Chairman m si~n the a~emnem. ff-~ W. ~.~ ~. ~ w~ ~ RtVIt'WEDBY: ~ .~'~. ~ REVIEWI:D B~ PUBLIC WORKS DIVISION EXEC'U'FrVE SUMMARY RECO~,42s~ENDATION THAT THE BOARD OF COUNTY COI~OA1SSIO~ CONS[DER AN EXTENSION OF THE l~,42~OKALEE DISPOSAL COMPANY WASTE COLLECTION FRANCI-OSE AGREEMENT FOR SERVICE AREA Ixq. EVIBER TWO. QBJ'E~: To ~zin Board approxxl for an extension of tbe Immokalee ~ ~ waste collcction frd,'clx~ agrccmcm for Service Aru Two with residemhl cotlection rat~ frozen for the rc~ of tbe agrcemcm period. CO_N_S_DDERATION: On June 24, 1997 the Board of County Commissioners directed that the wast~ c~llcction fi-anchise a~t gyving 52.000+ residential tmi! c'u~on:~"rs tn S~ce Ar~ One with Waste l~aflagcmcnt Inc. t'W]v~ be extended for a ti,ce year period beginning Octobcr 1. 199S. Wlvtl agrced to freeze residential rate~ to the end of tt~ exzen~on period, implement a standard contmner s)'stem, and reduce com.mcrcial collection rates by 25 cents per cubic ym'd. In order to maintain comparable rates and contract duration for the 38004- residential unit customers in Service Area Two serving the Imnmkalee area. a ~on of that franchise agreement will be to a simila~ three year cxtetuion period with · ft~cze in residential collection rat~ for tlxat period. In ~scussions with Immokalee Disposal concerning a standard q;o~iainer sys~m the franchisee felt that such a system would not be applicable lo their service area due to the migratory nature of a large portion data shows that since the beginning of the Mandatory prolram in 1991 tlJe~ has been · significant di/fcrence in the wast~ fctJerafion ratls of the ~ service areas, with the generation rate being that the gcncration rate per rcsidmtial unit ts 1.79 tom per year in Servtce Area Two as comparod to 1.09 generation rate. 3 % lower than Wl~'s rates even after a 2~ cenls per cubic yard ruductJon is applied to the WMI rate proposccL GROWTH lVlA,NAG[M~,N'T i~PACT: N/A FUI~C WORKS DIVISION DWR:dr · . ..~0~ FOR THE {rESOLUTION AU~G '; ' ": ?iCE OF ,a,- . i:. I ?ROVENiENq' F.~t')JECT, TO NAIq-f.S I~ARK Aitr~ STORM'C,,':', ': '~ . ~, ,., ' - · ~A~ ,.~.~, 7'0 SET TIIE ~MO~ ~ ~ ~~O ;'.~ .( .'. ; .:~;il 7HE L~Tt.k~:...~ t ~TE ON THE ~ ~ ~~ ~E~k ..... ; AND PROV~5'I~Y;S FOR ~E BON~ ,,, : ~, ' that will ~,{ve ~1 approval for t~ ~ of~ ~ f~ ~ N~; ', :: '-:: ',: ?,,rca Sto~tcr Improvement ~oje~ ~ , amo~t of thc Bonds, finali~ ali tc~s of tM ~ ~ a~ ~ ~ ~ ~ctt ~ N.~, N~I~ Ado~i~ of~ R~l~on ~11 au~ ~ ~i~a~ zp,,~ ;~affto complete thc sale &thc ~n~ which ~!i ~mplctc ~c fi~ing ortho ~k~; ~ ~::,:',: A~ca 5tognv,~:cr Improvement Project. ~ONS~E~QNS; ~ Naplc; ;~.~ *: ': :~ 5~o~water im?cvc~cnt Proj~t complct~ on A~I 25, 1~7, ~d thc ;'::.' '. :.;~;c;smcnt notices have been ~nt to all pro~ o~. ~o~ o~crs h:~'..=* ~.; 50 ~ys lo prc~y their s~cia{ ~sm~ in ~I1. ~c fi~! cost oft~ ~jcct ~; '3 5,'~6.657.~. ~e Count's con~bmion to~r~ thc ~st oft~ ~oj~ is $ 583,~51. Thc Co~ rcccivcd ~c~ kom pro~ o~c~ to~ling $1~02,460.59. Ther:fo~, ~ ~ amo~t of~ ~ is $1,871,936.31. On Jan~ 7, I~7 thc ~d ado{?x'~= ,iutkm 97-009 autho6zing thc iss~ncc of Bon~ to fi~ncc thc ~u of thc N::;d::~, '~.~;,: Area Sto~tcc Improvement Proj~t. On March 25, 1~7, thc Circuit Cou:'; ~' .: :h~ 'Fwcn6cth Judicial Circuit, in and for Collier Count, Ho~ issued a Final ~u.~:meat vali~ting thc Bon~. ~c Bon~, together ~th thc ~~, arc bring ~sucd to ~y offs ~,ion of~e interim fi~ncing used to ~y for ~c ~s~ oF thc project and to ~y for the co~s of issuing the ~n~. ~tc6m fin~cing ~ ~vi~d t~ou~ ~ ~ ~i O~ent Fi~ Commission's T~ Ex~ P~I~ Co~e~i~ P~ ~ ~. In accor~ ~th t~ Co~ Fin:mcr C~mmaitt~'s r~om~cn~atio~ thc Bonds arc ~ing a~rd~ to ~cU ~, NA.. ::, :,:.:s which submitted the lowest confo~ing bid. ~c ~ exempt intcr~ ~te w4;l k'~ c~::~5lishcd pdor to thc board m~ing b~d on a fo~ula ~ich ~k~ imo ~ount c=rr~,:t market intcrca rates. ~c Bon~ a~ ~ing ~ld ~ a b~ pigment ~ o~ to a public offing. ~s a~h ~l~ to eliminate ~ ~ for ~ Co~ m ~d ~d ~~ a ~ ~ ~ ~11 rcd~ing thc corn ofi~ ~ mi~m~ng ~ ~ of ~dme ~ to ~mplc~ ~ fi~ing ~ssm~t ~. Per Rcso~utic>~ ~ :,.~ 97-~ 82, thc S~cial A;s~,smcnt shall ~ ~id in - thc p~o~m/~x bill over a ~n~l in~llmcn~ ~ a non-ad ~ ~ c, ~: :: ~': ;,<~smcnt on of 15 yc~ ~th ~ intcrc~ ~te o~ 6.~: i Y:,, (at thc time oF ~;ting) ~lus tt;c cost ~ll~ion. ,r-. , ~ t FISCAL IMPACT: The Bonds are secured and ~yable solely ~rom thc special ~ssessments levied ai~inst thc properties in thc Naples Park Stormwater Improvement Assessment District. The County is no[ providing a seconctary back up pledge on thc Bonds. Based on an interest rate of 6.61%, pl~ the costs of collections, an average single family lot in Naples Pask with an aasessmem of $627 will have an annual non ad-valorem assessment of $74. The ~ment will be paid over the next 15 yem's, for a total of $1,110. Bond proceeds and assessment payments will be deposited into a debt service fund. The County will pay offthe interim project loan with the moneys received from the Bond proceeds, the assessment moneys received ~rom ~he benefited properties, and other misc. money (i.e.: interest). Annual assessment payments as well as the future Bond payments will be accounted for in a debt service fund. G~RQWTH MANAGEMENT IMPACI'; None RE(~OMMENDATION.:. That the Board adopt the Resolution authorizing the issuance of the Bonds, establish the into~s~ rate on the Bonds, set the amount of thc BOnds, finalize ali terms of the Bonds and award the Bonds to Barne~ Bank, N.A., Naples. Also, that the Board approve all budgc't amendments ami other required financial entries nmi transactions related to the Bonds, special assessments, debt service fund and Commercial Paper. Kevlev~-o oy~-- _ ..~ ........ /' Ed ll~--hner, Ptlbli,: Wor~s ^om~msvamr 11 12 14 15 16 17 19 ~0 24 25 2~ 28 29 3O 31 32 33 34 35 36 37 38 40 41 42 4~ RESOLIfrlON NO. 9% A RESOI, IJ'I'ION AMENDINO AND SUIt_ ~O IN CERTA~ RESPF. CI~ A ~~ ~ ~ ~ ~ ~: 'A ~O~ON O~ ~ ~ OF ~~ CO~O~ OF CO~ ~~, ~A A~O~G ~ ~U~CE BY C~, ~A OF NOT ~D~O ~0,~ ~ C~, ~A N~ P~ ST0~A~ ~RO~ ~S~~ B0~S, S~ 1~7 ~ 0~ T0 ~ ~T~ O~~O ~EB~SS ~S~ TO ~ AC~ON ~ ~NS~U~ON 0F ~ N~ P~ ~ D~0E ~0~ CERT~ STO~WATER I~ROVEMENT B~~ON ~ · ~, ~ ~~T ON ~OP~ ~T~ L~A! ~.Y AV~~ NON- ~ V~~ ~ TO R~ D~~ ~ STO~A~ ~RO~ PR~~ ~ ~~; PR0~0 FOR ~ ~ OF ~ HO~ OF ~ ~; ~O ~T~ ~~ ~ A~ ~ ~ DA~;" ~~0 ~r~~ ~ ~o~ ~ n~ ~ ~ ~; ~o~~ ~o~o~ ~ ~T~ 1 3 4 5 7 10 11 12 13 14 15 16 1'/ 18, 19 20 21 26 3O 31 32 33 34 35 37 38 39 40 41 4~ 43 I~ESP~; AND PKOVID]~O FOR AN EFFECTIVE DATE FOR TIllS RF. SOLUTION. 'B£ I'T Rlr_q(],LV'ED BY ~ ~OA.~.I) O1m CO~ COMlVflSSIO~ OF CO~ COUNTY, FLORIDA: 2 2 3 4 5 7 9 10 11 12 13 14 15 16 17 13 19 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 4O 41 42 ~3 218.385, Florida Su~tutcs, in conncction wilh ~hc ncgoti~d sago of li~ Bon~.~. The s/oremengouM iat'orma~ic~ is set forth in the copy of/be letter of Bm'ne~ B~k, N.A., Naplea. dne pur~ of said Bouda (ihe "Purchas~~) attached ha~o ~s Exlu'bi~ A. (a) Th~ Re~u~io~ ~ ~,~ Bo~ ~I1 ~ ~a such dat~ and in such ar~_--~_. ~ beaz such r,~ of i~,~-e~t, shall be payable in such place~ and ~ be subjec~ to such redemption provlsio~ and other ~ as ~ be d~d by supplemaa~ resolution adopted by the Issue, and it is now appropriate that I:M I~su~r determine such ~ sad details. SECTION 2. DEIO~TrIONS. Wheu ur~d in this resohrfz~ unlcls otherwise clefmed hengn, capii~iized t~rm~ rJnall ha~,e flue m~n;,~ m~:n'bed thereto ia the Rcsoluficm. SECTION 3. AUTHORITY FOR THIS RESOLUTION. This resolution enacted pur~.nt to the providons oftbe Act tud other applicable provhion~ of law. SECTION 4. AUTHOI~ r'~'ATION AND DF..SCRIFrlON OF TKE BONDS. Thc L~su~ hereby ~t~m~e~ to i~me Bor~ in the at~ral~t~ principal ~ount of $ , w b~ known as 'CoIli~r County, Florida Napl~ Park Are~ Stomawa~er Imt:~vcmc~ As~ _Bc~h, Series 1997," for the principal p~ of provicli,,o., ftaxis sutXicicat to rcfuad thc l~fu~dcd Obligaiions. Said Bonds shall be ~rt~__-d u of lhe date of' ~ h,~.~c~ sba21 bc issucd in thc form o£ one fuUy ~Si~xcd BOn~ h ~¢ d~nomin~on ors , ~;]] be ntunlx'rcd onc preceded by thc letter "R", ;h~H be. ar inl~r~si from ~e date of their iss~__.yocc, payable a~ually, on $ct~_-~,,__~cr 1 of ~ach ye~ar (th~ 'Int.-est Da~9, comme~ang on Septemb~ 1, l~S, aithc rat~ o£6,61% l~r annum, c.~Iculated on thc basis of ~ 30 day montl~360 day y~r. Thc fmal mana-~ of dz Boada .~.q b~ Sepizmbcz 1, 2012 and the principal thcr~shall b~ paid in such amotm~ on $~ 1 of such years as sa forth on Sch~Iule I ~ached her~o. SF_A2TION S, RKD~ON PROVISIONS. Tl~ Bonds ar= aot ~ubj~t to l 8 SE~ON 6. ~R~ ACCO~ ~Q~. 11 1 ~ SE~ON ~ ~~ OF PA~C 15 1 6 SEC~ON 9. M.~~ ~ S~ON 1.01 OF T~ 17 ~L~ON. ~d ~h of Sc~ 2.01 of~ ~lu~on 18 ~ im m~ to ~ ~ fo~: 19 20 p~ ~ ~ ~~ ~ 21 ~ ~ ~ ~ of~c P~ Ag~ to ~c Hol~ ~ ~ (wb~ or not a ~c~s ~) of ~c ~ ~u~ HoI~ ~~ h~, ~ ~c Hold~ of s~cnd~ ~h Bond w ~c ~ f~ ~ ~ p~t 30 for ~c pl~ of pubic ~d ~c dc~. 31 32 SE~ON 10. ~~~ TO SEC~ON 4.~ OF 41 4~ 43 4 44 45 26 27 28 3O 31 32 33 34 3§ 36 37 38 39 4! 43 SECTION 11. AIv~NDIV~NT TO SECTION 8.01 OF TI~ I~',SOL~'noN. Section ~.01~ of~ ~1~ ~ h~ ~l~ ~ ~ c~. SEC~ON IL G~~ A~O~. ~c ~ of ~e ~ of ~le ~ ~~ ~ ~ ~ h~ ~ ~ ~o1~ f~ ~e ~ ~ ~p~ ~~ ~ ~ ~e ~ ~~ ~ ~ mM ~ ~ Bon~ ~e ~ ~ MI ~ ~d ~ n~ er pr~ for c~ out ~c ~o~ SE~ON 13. SE~~ ~ ~Wi[.m ~.O~IO~ ~ ~e mo~ of~ cov~ ~~ cr p~o~ her~ ~n~ed ~ be held ~ ~i~ or ~ ~c ~, or ~ for ~ ~n ~~ ~ Mid ~& ~ ~uch ~~ ~n~ ~ ~o~i~ *~.' ~ n~ md void md ~ ~ d~ ~ble ~m ~e ~;~5 ~~ ~ ~ pm~o~ ~d ~ ~ no way ~ SE~ON 14. ~SOLU~ON ~ COR~ ~ FOR~ ~ ~ appro~atc ~or to ~c ~*~ of ~c Bo=~. 1 3 ,4, 5 ? 10 11 12 14 15 2O ~2 23 24 25 27 2~ 30 3], 33 34 35 3~ 37' SKCTION 1~. ~ DATE. Tai~ Supple~.cn~.l Re~olution become c~ecfive ~med~tely ~ i~ T~ Re~olufion duly a~oI~ ~ 26fla ~ay of Augu~ 1997. I~OARD OF CO13~'TY COI.~.r~'.~ COU~FY, FLORA ~ Bo~ml of~ _Cc~rni~sio~l~ ATTEST: ~ ]~s~d o~ Co,,.mty Comm~siouers F, CHY..DUI~ 1 I~OR TH~ BONDS EXHIBIT DISCLOSUR~ LETI~R O1~ BARNETI' BA, N~ N,A., NAPI~,S DISCLOgURE ~ OF BAKNEI'F BAN~ N.A., NAFLF~ of Col/i~ Comity, Flori~ ^l~ast 2~. 1997 ~ m~ ~ it ~ ~le of ~~ ~ m~ not p~c~ ~e Bon~ for mom ~ one ~ r~~ ~ f~ ~ ~e 15c2-12 ~~ ~ 1~. ~t m ~ ~i~ of S~ 218.385. are n~ "thatier~" M gefiz~ in ~a 218.386, Florida ~ in oor~x:tion wi~ the iaananm o/~. l!o~'h. wi'& th~ isauauo~ oftt~ Braada. Board of Coumy Conu~i~cm~n of Co 'llier Coup. Tlorkh (¢) (0 Naples, Florida __ BANK, N.A., NAPLES F, XI~HBI"f B 0 BID FROPOSAL EXECUTIVE SUMMARY REVIEW OF COLLIER COUNTY WATER-SEWER DISTRICT FINANCIAL PLAN, RESULTS OF THE WATER-SEWER UTILITY RATE STUDY, AND CONSOLIDATION OF UTILITY ADMINSTRATIVE ORDINANCES. ~ That the Board of County Commissioners the Governing Board of Collier County, and as Ex-Officio, the Governing Board of the Collier County Water-Sewer District (CCWSD), the Marco Island Water-Sewer District and the Gocxiland Water District, review and approve the CCWSD financial plan, review and approve the Wat=r-Sewer Utility Rate Study recommendations; direct Staff to consolidate the Utility Administrative Ordinances; and direct Staffto advertise for a Public Hearing to adopt rate recommendations and ordinance changes. CONSIDERATIONS The Collier County Water-Sewer District's monthly user fee rates were adopted in 1991. The Goodland Water District's monthly user fee rates were adopted in 1985. The Marco Water and Sewer District's monthly user fee rates were adopted in 1995. On April 2, 1996 Staff provided the Board with an overview and discussion of rate issues and objectives for the three County utilities. This discussion was utilized in developing a scope of services for a rate study. The Board awarded Bid/RFP #96-2501 to John A. Mayer Associates to conduct a Water-Sewer Utility Rate Study. In March, 1997, Mr. Mayer presented his report and recommendations (Exhibit C ) to Staff. His report contained numerous findings and recommendations relative to CCWSD water, sewer and reuse irrigation rates along with rate recommendations for Marco Island Sewer and Goodland Water utilities. Upon review by Staff it was determined that making all of the recommended CCWSD rate changes presented too great a burden on cer~in customers or cuvtomer classes. As a result, Staff requested that Mr. Mayer make revisions to his recommendations and develop new rates that are revenue neutral, that would restore equity between revenues and expenses for the water and sewer utilities and retain the present conservation oriented rate format. Additionally, to maintain reuse irrigation demand, the volume charge for reuse irrigation was limited to $0.20 pe.r 1,000 gallons for bulk customers and $0.52 per 1,000 gallons for retail customers. The revised recommendations were wovided in Mr. Mayor's letter report dated July 10, 1997 (Exhibit B ). I FINA~NCIAL PI,AN RECOMMENDATIONS To verify that the proposed revenue neutral approach to CCWSD user fees would be adequate, Staff conducted a comprehensive financial analysis and developed a 5 year financial plan (Exhibit A). This plan outlines operating funding requirements, capital funding requirements, debt service requirements and reserve requirements. The Finance Plan supports the assumption that f. revenue neutral approach to CCWSD water and sewer user fee revenue will provide adequate operating revenue for the near future. The significant assumptions used in developing the financial plan are noted below: · On-hand general utility reserves in the amount of$9. lm combined with $7m of water impact fees will fund the FY 98 North Water Treatment Plant Expansion. Water impact fees will repay the general utility fund inteffund loan in FY 01 through FY 08. The FY 98 North Wastewater Treatment Plant Expansion will be funded with a $25m SRF loan. The debt service on the SRF loan will be funded with wastewater impact fees commencing in FY 02. · The planned FY 02 additional Water Treatment Plant and the South County Wastewater Treatment Plant expansion will be funded with bonds. The annual debt service will be funded by water and wastewater impact fees. · System Growth has been conservatively estimated @ 5% for revenue projection purposes. Operational costs have been adjusted for inflation and growth factors. · The planned level of General utility fund reserves will be 2.6 months of operating costs. · Impact Fees may need to be increased. · New debt over the FY 97 - FY 03 planning period = $92.1m. RATE STUDY RECOMMENDATIONS. ~CWSI) water and sewer rat.~ are recommended to be adjusted in a manner that will allow water fees t$ pay for water operating costs and sewer fees to pay for sewer operating costs. The adjusted rates are predicated on each utility paying for all cash expenditures for operating expenses and debt service, and, in the case of the water and sewer utilities, having S2,000,000 each remaining for capital renewal and replacement. This will have a substantial effect on an individual utility's rates: water utility revenues, in the aggregate, will decrease by 17% or by $3,206,607; sewer utility revenues, in the aggregate, will increase by 22% or by $3,456,934. This change will restore equity of revenue and expenses between water and sewer utilities while meeting the goal ora neutral revenue change (less than 1% in aggregate) for the combined water/aewer utility. Within the CCWSD customer ba~e, approximately 21,000 (76%) accounts have both water and sewer service, 1,400 (5%) have water service only and 5,200 (19%) have sewer service only. The 76% of c~.stomers with both water and sewer service shouM experience little change to their monthly bill: the average single farnity residential customer will see a 2.4% increase ($1.48mo,~ly); the average n,,]Iti-family will see a 2.3% increase ($5.20 monthly); and the average commercial customer will see a 1.5% increase (.$4.70 monthly). (It should be noted that a 1,000 gallon reduction in monthly usage will save $3.4I). The 5% of-ustomers witi~ water service only will experience approximately a 17% ceduction in their monthly bill. The 19% of customers with County sewer service cnly will experience a 22% increase in the sewer component of their monthly bill. The sewer only customers receive water service from the City of Naples. A typic, mi residential m~mber of this group currently pays S45 fo,' water arsd .s.~,ver .service. Under the proposed rates, this cus'.omer's monthly charge would be $52 ora combined 14"/, increase. ~,¢~s~ irri~tion u~iliw rrv~nu~ ~re prod m inc~ ~ 143% ~ ~7,~. ~is inc~ will ~i~ ~ ~m~ ~ $313,~ m $7~,~, ~m~ly ~m ~11 ~mi~ mu~ c~me~. ~ile · is is a ~t~l c~ge, it is im~t ~t we ~ ~ c~t ~ i~ti~ m~s sup~n only 32% of~ ~'s ~ ~. By impl~mting ~e pro~ rote c~ge, ~e ~n of~ mu~ i~ti~ ~s~ wmld ~ ~ying f~ 77'/, of~ ~o~'s o~ional ~ wi~ ~e ~1~ ab~ ~ ov~ll wa~ ~ ~ ~¢n~. C~t ~mal bulk m~ cu~om~ will ~ t~sfe~d to ~e n~ ~ ~ in a~ce wi~ ~n~l provisions. Ooodland Water Dis~'ic~ (GWD) purchases bulk water from Florida Water S~rvices Corp. (FWSC) at an effective price of $3.92 per 1000 gallons ($3.92/%~gal), and is charging its customers at a rate of $2.1 §/Mgal. These rrvenues covers only 8~% of the cost of purchased water and covers none of the costs incurred by Collier County for repairs, maintenance, meter reading, billing, etc. GWD should immediately increase annual water revenues by $95,300 which would require an average increase in water rates of 55.1% over the present rates. The new rates will simply represent a pass through of the FWSC purchased water expense. The resu!ting proposed rates would generate sufficient revenues to permit the GWD to cover all of it's expenses for both the cost of purchased water and the direct costs for services provided by CCWSD. The typical residential customer will see his monthly water bill go from $32 to $39. This is a $7 or 22Q/0 change. In order to facilitate a timely adjustment of GWD's rates in response to any increase in the cost of purchased water from FWSC, a "Purchased Water Adjustment Clause" is recommended to be incorporated into the revised rat~ ordinance. Marco [~land Sewer (MIS) rates were adoi~ed in Ordinance No. 95-72. The adopted rates were phased in over 2 years with the final rate effective in December 1996. The rates currently in place are adequate to meet the annual cash requirements of the utility and no rate adjustment is recommended at this time. Since MIS has very limited cash reserves, they must adjust their rates immediately in response to any changes in bulk sewage treatment costs from FWSC. In order to facilitate the timely adjustment of MIS's rates in response to any increases in the price of sewage treatment from FWSC, a "Wastewater Adjustment Clause" is recomm~ded to be incorporated into the revised rate ordinance. Ali proposed rate changes are recommendt:d to become effective on October 1, !997 to coincide with tl-.,e new fisca{ year. ' ::~'3 2' ORDINANCE CONSOLIDATION RECOMMENDATIONS The current utilities administrative ordinances are extremely difficult for Staff and the public to use. Presently, there arc numerous fragmented administrative Ordinances governing county utility rates, procedures and regulations. Several of the ordinances date b~ck as far as 1974 with some of the ordinances with as many as 15 amendments. Recommended action is as follows: * Revise and update district rates, user fees and charges * Combine the administrative Ordinances of the County's three utility districts into one consolidated Ordinance · Establish uniform administrative standards and procedures for all County utilities · Bring back consolidated administrative ordinance, with recommended rate changes, for adoption FISCAL IMPACt: In aggregate, there would be virtually no change to combined water and sewer revenue. Thc total proposed water and ~-wcr revenue would be approximately the same as current water and sewer revenue. Total current revenue is $34.1 million while the propc~d revenue would be $34.3 million. This equates to a change of 0.7%. The recommended reuse irrigation rate change will increase reuse revenue by $443,300 or 142%. For a typical residential user with a Y," meter the monthly charge will increase from $5.65 to 512.20. The small user will have a 1 i 5% increase with larger users experiencing up to a 175% inccease (3" meter, 1,000,000 gallons - current charge 5217, proposed charge $595). Goodland rates are recommended to increase by $95,000 which is eqtml to a 58% increase. The increase reflec~ the pass through cost of FWSC bulk rates to Collier County. The proposed rate adjustment clause would allow Staff to adjust this pass ttu'ough cost in a timely manner. Marco rates ate currently adequate to meet present operating costs. Thc proposed rate adjustment clause would allow Staff to adjust this pass through cost in a timely manner. ~RQWTH MANAGEI',~ENT IMPACT: Recommended rates would provide adequate funding to maintain utility service at current service standard. Grove. h related capital requirements are funded by impact fees. ~;UMMARY OF RECOMMENDATIONS: The Public Works Adminislxator recommends that the Board of County Commissioners. the Governing Board of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District (CCWSD), the Marco Island Water- Sewer District and the Goodland Water District: I. Revi~,v and approve the March, 1997 Rate Study conducted by John A. Mayer Associates and the recommendations as provided in the July 1997 r~visions to the Proposed Rates. 2. Review and approve tl~ proposed $ year financial plan as the CCWSD's financial operating plan and make resulting adjustments to the FY 98 preposed budge~. 3. Author/ze Staffto consolidate the administrative Ordinances of the three Utility Districts. Direct Staff to amend Ordinances in accordance with recommended rates and advertise and schedule a Public Hearing for September 23, 1997 to review and adopt recommended rates and a consolidated utility administrative Ordinance. PREPARED BY:, ~Arm Marie Saylor, Administral/~e'Assistant II REVIEWED BY: / , (-- Edward lq'. Finn, Operations Director APPROVED Ed llschner, Public Works Administrator Atlachments: Exh~it A - CCWSD Financial Plan, August 1997 Exhibi~ B - R~visions to Pcopos~:d Utility Rat~s, Su~y 10, 1997 Exhibit C - Water, Sewer & Reuses Utility Rate Study Executive Summary March 1997 EXHIBIT "A" CCWSD FINANCIAL PLAN EXECUTIVE OVERVIEW ,~L~,JOR AREAS OPERATIONAL EXPENSE PROJECTIONS - Adjusted for inflation & growth - FY 98 $21.3m- FY 03 $28.7m REVENUE & RESERVE PROJECTIONS - Assumes 5% customer base growth - No increase in Water or Sewer rates anticipated for near future - Carry Forward will be reduced from current level - Goal for General Reserves will be 2.6 months operating costs - We may be short of reserve goal FY 00 CAPITAL PROJECT PROJECTIONS - FY 98-03 planned projects = $135.5m - Major projects include: · FY 98 - NCWTF Expansion, NCWAU'rF Expansion, · FY 98-02 - Backflov.'Program. · FY 01 - New 8 MGD RO Water Plant. · FY 02 - SCWWTF Expansien. $41m S 4.3m $26m Sl2rn Collier CounD'. Florida CCWSD FINANCIAL PLAN EXECUTIVE OVERVIEW MAJOR AP~AS (cont,} CAPITAL FINAaNCING PLAN - New Debt funded with impact fees - New Debt Total FY 97-03 $92.1m - General CCWSD reserves repaid w/impact fees 5; 9.1m - Water Total $37.4m - Sewer Total $54.7m USER FEE REVENUE REQUIREMENT - Assumptions · Based on FY 98 budget · 59.1 m interfund loan paid back by water impact fees to general utility fund 01-08 · New debt service repaid by impact fees · Annual renewal & replacement capital funding = $4m · 5% grow'th in customer base · Reser,,~ ~ 2.6 mont~ mnual operating - No increase in combined water & sewer rates proposed IMPACT FEE REQUIREMENT - Growth driven capital needs financing funded by impact fees - Water & Sewer Capital tYograms as adopted - Impact Fees will likely need to be increased - Staff will report to Board in November Collier Count'y, Florida · ! } ~. '0×*)~' ..: o Ii :!! ii ~oo~ !i oooooooo i EXHIBIT B COLLIER COUNTY, FLORIDA REVISIONS TO MARCH 1997 WATER, SEWER, & REUSE UTILITY RATE STUDY RFP #96-2501 JULY, 1997 REVISIONS TO PROPOSED UTILITY RATES John A, l',~aycr Associa~e.~ Utility Rate Consultants Milwaukee, Wi~nsin JOHN A, M^YER ASSOCIATE.g UTILITY R~TE CONSULT,,~.',frS M~WAU'KEE. W~CONS~N ~S321'/-L360 (4{4) ]5~-.9026 · FAX (414] Thursday, July I0, 1997 Mr. Ed Ilschner, Public Works Administrator COLLIER COUNTY GOVERNMENT CENTER Public Works Administration Building "H' - 3rd Floor 3301 E. Tamiami Trail Naples, FL 33962 Re: Revision To Proposed Utility Rates Dear Mr. Ilsclmer: Our report titled Water, Sewer, & Reuse Utilil7 Rate Stud~ dated March 1997 contains numerous fmdings and recomn~ndatioru relative to Collier County water, sewer, and reuse rates, along with rate recommendations for Marco Island Sewer and Goodland Water utilities. Our study indicated that water utility revenues ,,,,'ere materially greater than the water-related cash requirements, and conversely that sewer utility revenues were materially less than the sewer- related cash needs. If cost-based rates were to be ~ desired goal, then water revenues needed to decrease materially and sewer revenues needed to increase materially. In addition to this change in the revenue requirement between the two utilities, our report also reco~ru'nended major changes in water and sewer rate format, or the way the fixed montl'dy charge and volumetric charges are structured and applied to calculate a customer's bill. The change in the revenue requirement coupled with the change in rate format could re,suit in a significant change in the monthly bill for certain customer's. Upon review by Collier County staff members, it was determined t~t c~nging both the rever, ue requirement and ube rate format at the ~ th'ne pr,.-~ented tco great a ha'~kn on certain castomers or customer classes. A request was received from Collier County to develop a set of alternative rates which would meet the following criteria: · Make the change in the revenue requiremen~ to restore equity between revenue~ and expe~ for the water and ~ewer utilitks. · Re~ain the present rate format for water aM ~ewer utilit~ for the time being. · Develop rates for the water and sawer utilities which would be r~'enue neutral, or in otlk--r w°rds, the sum of the revenue generated by the current water and sewer rates should approximate!y equal ~ sum of the revenue gestated by the proposed water and sewer :- - - ! ~mlt the volumetric rate for bulk reus~ water to $0.20 ~ 1.0C,,O grdlom. I -i- Revision To Proposed Utility Rates July 10, Page 2 The at~ched schc-dules and tables contakn ~ates for water, sewer ~ reuse which will meet ~se criteria. To accomplish thc goal of a r~),enu~ neutra! change for the combined water and sewer ra~s, it was neccss~y to change thc rcvcn~e r¢~?~ir¢~n~ru developed in thc March 1997 rel>ort to r~ducc the amount or cash ger~rat~l from rates for c~pital projects from $3,000,000 for each uti. l~ to $2,000,000. Considering the existing cash balance in the utility, this should not present a problem, however th~ c,~h bal~tnc~ should be monitored closely to rn~c sure that it is not ~ to undcsirablc levels. Given that adjustment, water revenues n~cd to be reduc~ by 17.1% and sewer revenues i.ncrcascd by 22.,4% in order to reestablish thc balance or ~(?uiry bet'wccn thc revenues received, from a specific utility, a~ the cash c×ix:ndit'un:s from that utility. Tbe change Lu rates to affect those rcvcn,,c cEangcs was accomplished by an acro$.~-th(~-bo~'d p~r¢cntagc adjusmx:nt. Thc fixed monthly cl'~rgc was rounded to an even dollar amount, the additional dwelling un.it amount was rounded to thc nearcst 10c, and the vo]urr~tric c~rgc to thc nearest lc. Schedules W-! ['Wa~¢r], S-! [Sewer], and R-1 [Reuse] show thc present and proposed rates. Schedules Wo2 lw~ter], S-2 [Sewer], and R-2 [l:teu.~] show comparative bills at various levels of usage for various customers. ~chcdule W-I plus S-! is thc combined water and sewer b~l for se]c¢Icd customers. Thc rates contained in th~ March 1997 report for Marco Islaod S~wcr ar)d Goodland Water slx)uld be implemented as stated in that report. All of the non-rate findings and rccomrnend~tior~ contained Ln that report remain unchanged, and should be reviewed for consideration by thc County. By implemcntin_~ thes~ rates, Collier County will be making a very large step toward establishing fair. equitable, and cost-b~ed utility rates. Continued effort in thc areas of: 1) separate sewer, ~ reuse ftn~n~ial inforrrtation, and 2) cnh2.,~..~ billing sy'~tem r~or~ng of billable u~ts, · s rocommc~cd in our Mar~h 199'7 report, will increase to th~ ability of thc County to est2blish and rr~.in~in equitable utility rates i~ future years. J'AM/cg 0 o ~ ~ -3- 0 ~ Cq · 0 ~ -9- =.~ ,~'* ..,4 Schedule W-2 WATER BILL COMPARISON ~_~._.~_~ I Customer c/ass Srr~l Residential Median Residen~l (5/8' & 3/4') Average Residential (3/4') Large Residential Residential Me[er o~,) Size # Unit3 Usag_~. 0.75 0.75 0.75 1' 1.5 pr~,ent Pm_Eosed 3 $19.45 S16.35 5 $22.95 $19.25 9.6 S3t.00 $25.92 20 $68.50 $56.70 150 $450.55 $373.10 2 18 S55.55 $46.30 5 35 $114.85 $95.55 8 100 5267.15 $221.80 100 1000 $2,739.35 $2,273.80 15 544.05 $36.75 60 5165.75 $137.00 1000 $2,540.00 $2,107,00 3000 $7,546.00 $6,261.00 Smal~ Multi-Fan~'ly Average Multi-Fa,~ly (1.5') Large Multi-Family Very Large MultJ-Farm~ Sma~l Commercial Average Commercial Large Commercial Very Large Commercial 0.75 ' 1.5' 2' 6' 0.75 ' 1.5' 4' 6' Doliar Percent Cha__a_a_a_a_a_a_a_a~ C~r~e ($3.10) -15.9% (S3.70) -16.1% ($5.08) -15.4% (S11.80) -17.2% ~ -17.2% ($9.25) -16.7% (S19.30) .16.8% ($45.35) .17.o% ($455.55) .17.0% ($7.30) -16.61/~ ($28.75) -17.31/0 ($433.00) -17.0% ($1,285.00) -17.0% Schedule S-2 SEWER BILL COMPARISON Size · Unit~ 0.75 ' 0.75 ' 0.75 ' 1' 1.5' 0.75 ' 1.5' 2' 6' 0.75 1.5' 4' 6' 5 9.6 20 150 present $18.70 $21.90 $29.26 $44.60 $69,15 Percent S22.~ $4.18 22.4% $26.80 $4.90 22.4% $35.82 $6.56 22.4% $54 60 $10.00 22.4% $84.60 S15.45 22.3% S6428 Sl 1.7~ 22.4% 18 $52.5O 5 8 lO0 35 lOO 1000 $109.10 $133.60 $24.50 22.5% S21o.5o $257.80 $47.30 22.5% 52.584.10 $3,165.00 $580.90 22.5% $37.9o $46.40 $8.50 22.4% 15 6o 1000 3O0O $149.15 $1112.6o s33.45 22.4% $1,849.30 $2,265.OO $415.70 55,294.55 $6,486.00 $1,i3;.~5 22.5% -15- Schedule W-2 plus COMBINED WATER & SEWER BILL COMPARISON _De__~_~;t~on I Custo,T, er Class Fame/ Meter ~ B~,d Size ti Units Us,~e Present Proposed Sma.il Residential Median Residential (5/8' & 3/4-) Average Residential (3/4') ~ Resident~ Very large Residential 0.75 ' 3 $38.15 $39.23 0.75 ' 5 $44.85 $48.05 0.75 · 9.6 $60.26 $61.74 1 ' 20 $113.10 $111.30 1.5 ' 150 $519.70 :$457.70 Change $1.0~ $1.20 $1.4~ ($1.~0) ($62.00) S2.53 S5.20 $1.95 $115.~5 $1.20 $4.70 ($17.30} ($93.55) Small M,Iti-Famay Average Mul'J-Farn[ty (1.5') Large Mu~-Farnily Very ~rge MuRi-Fami~ 0.75 ' 2 18 S108.05 $110.58 1.5 ' 5 35 S223.95 $29.15 2 ' 8 100 $477.65 $479.60 6 ' 100 1000 $5,323.45 $5,438.~0 Small Commercial Average Comr~rcial Large Commercial Very t.~rge Commerc4GI 0.75 · 15 :$81.95 $83.15 1.5" 60 S314.90 S319.60 4 ' 1000 $4,389.30 $4,372.00 6" 3000 $12,~40.55 $12,747.00 Percent Chan~e 2.8% 2.7% 2.4% -1.5% -11.9% 2.3% 2.3% 0.4% 2.2% 1.5% 1.5% -0.4% -0.7% -16- [ ; ,47 .. Schedule R-2 REUSE (EFFLUENT IRRIGATION) BILL COMPARISON Me{er Usage Present Proposed Size M.~__ Pates Rates Small U~er I~e<raxn U~,age Customer Moderate irrigatioa Requirement ~ Irr~ati<~ U~er Vet'/Large Irrigation Cust~' 0.75 10 $5.65 $12.20 t 50 $17.40 $40.00 2 250 $76.00 $169.00 3 1000 $217.00 $595.00 4 2500 $499.00 $1.415.00 ~6.55 115.~% $22.6O 1~.9% $93.00 122.4% ~378.00 174.2% $916.00 1~3.6% -17- Schedu~ R-3 PRESENT & PROPOSED ~ REVENUES R~ Under Present Proposad Do~a' Percent Rates Rates Incma~ lncma~ $ - $ $ % Full Se~ice Reu~ Master Metered Bulk Servica Contractual Irrigat~on To~l 284.126 29.000 $13.126 731.457 447.331 29.000 760.457 447.331 157.44% 142.86% -18- t .- ~qq Schedule W-1 PRESENT & PROPOSED WATER RATES S.rvk'~ Individually Metered & I~rlgetio~: Meter Siz~ 5/8 & 3/4 1 3 4 6 8 Mud-Family ~aster Mete~: Ea~ ~ ~eaing u~ Present S14.20. t53.55 $161.65 $250.00 /,839.OO $14.20 $9.a5 Proposed $12.00 S24.00 $36.00 $44.00 $6g.00 S207.00 $411.00 $737.00 $12.00 $820 y..olM~l~ar~_ · Per Residential & Muffi-Family: 1 - 10,000 galto~s per dwe~ng unit 10.000 - 20,000 galloc, s per ~mli:~g unit Above 20,000 galk~s per dwemng unit Non. Residential: Fkst BIo4~ in excess c~ fl~t block Irrigation (separate~' mf~er~cO: ,,UI Uk'~e 5/8 & 3/4 1 2 3 4 6 -19- $1.75 $2.20 $2.75 $1.75 $2.47 $2.47 E'~I Rkx~ Usage_ $1.45 $1.82 $2.28 $1.45 $2.05 $2.05 Thres~'~d Schedule S-1 PRESENT & PROPOSED SEWER RATES .e, lf-vtce Avanab~ Cha~a: Ail Customer CJasses: Meter 5~ &3/4 1 1% 2 3 4 6 Multi. Family (Master Metered): F'~t dwel~ng unit Each additional dwerling unit Y_O.~lme Charge Per 1.000 Gallons: Re~Idential & Mui~Famlly: Biffing threshok:l maximum (per individual unit) is 10.000 Present S13,90 $43.35 $53.15 S82.55 $161.00 $240.30 $494.55 S887.00 S13.90 S9.80 Sl.60 PrOlX~ed S17.00 $35.00 $53.0O S101.00 $197.00 S305.00 S 1.0e,7.0o s~7.00 $12.00 S1.96 -20- Schedule R-1 PRESENT & PROPOSED B~ EFFLUENT IRRIGATION PATES ~ Propo~d Present $ I MonUl_ Mete~ $ I Mon~__. -- S~z e_._..__ -- $4.35 $7.00 ~5~ & 3/4 S10.90 $14.00 $25.00 1 $21.75 $39.00 1% S43.50 $75.00 2 S87.00 $115.00 3 $174.00 4 . $227.00 6 $407.00 S $542.00 $721.00 10 . 12 ~,,~e P~ Full Service Reu~ Master Me[ered Bu~ Service ReuSe __present $0.13 I Mgal $0.13 I Mgal $0.52 $,0.20 -21.- GOODLAND WATER DISTRICT (FUND 441) PRESENT & PROPOSED WATER RATES Schedule ES-7 Minimum Charge $ per Month Residen~l $11.81 Motel~ $4.73 Restaurant~ $1.77 Marinas $141.75 Fish Houses $236.25 Retail Stores $16.54 Usage in Excess of Volume incl. in I unit I unit I seat I fish house / sto~e Minimum Charged at Volume Included i~ Minimum 1,000 I unit 400 I unit 150 /seat 12,000 / marina 20,000 I fish house 1,4OO I stor~ $2.18 1 1,000 gallons S.~_~.aila bility_~ a~:g e; Meter Size 3/4' 1" 2' 3' 4' 6' 8' _~per Mon~ $16.00 $37.OO $72.OO $114.00 $226.00 $351.OO $701.00 $1,259.00 y_~u me C. bar. geL. C$fl~&g al) All Usage $3.92 I Mgal Note; 1) [ New 8SU Volume Charge - Old SSU Vol. Chg ] 0.75 2) Existin~ Goodlar~ $/Mgal + S Adder = New Goodi~nd ~Mgal 3) 0.78 factor is needed to adjust for unaccounted for vrater and the change in the monthly fixed cha~ed from SSU. = $ Adder From time to time Southern State Utilities (SSU) is authored to increase water ratss by the Ftorida Public Service Commission. This F~IAC is designed to a~d, oma~',..a~ 'pass-through' these incre~, do,~r-for..dofiar. The new r~s fo~ GV',~ should become eff~'tive the same ,month that SSU increases the pr~,e of wholesale water to GWD. : - t ~- 55 -22- . .... '" Schedule ES-8 GOODLAND WATER DISTRICT (FUND 441) WATER BILL COMPARISON Meter Size Description Usage Present Proposed M(~al Rates Rates $ Chan~le % Char~le 3/4" Average Residential (1.554 baths) 3/4' Typical Residen~l (2-bath) 2' Restaurant (109 seats) 3/4' Store 1~' Irrigation Water 2" Marina 5.96 S28.20 S39.36 $11.16 39.6% 6 $32.34 $39.52 S7.18 22.2% 20 $200.89 $192.40 ($8.49) -4.2% 5 $24.39 $35.60 S11.21 46.0% 400 $893.44 $1.640.00 S746.56 83.6% 50 $224.59 $310.00 $85.41 38.0% -23- ! '* Schedule ES-9 MARCO ISLAND WATER i SEWER DISTRICT (FUND 431) PRESENT & PROPOSED SEWER RATES Rate~ Eft. Rates Eft. Proposed C~ttamE/.YJ~ ~ I::~c. 199~ ___Eatm_ ~LChaz~e Residential wi S~ ~ $17.11 $20,83 $20,~ ~.1% R~en~ - ~i~ ~ $3.~ ~.62 ~.~ ~.4% HoWl / ~ ~ ~ ~.~ $10.16 $10.15 ~.1% ~~ $~.~ $~.~ *$~.95 ~.~ Co~ ~u~ ~ ~ $15.18 $18.48 $18.~ 0.1% Res~umnt ~r ~ $2.62 $3.19 $3.25 1.~ W.a.stlay. at eLA dj us.ta:teytt_CJa us.e: 1) [New SSU Volume Rate ($/Mgal) - Old Volume Rate] 2) Reslden~l wi Single Ba~ Residential - AdditiO~k~ Bath Hotel / Motel per unit Commercial Coin Laund~ per unit Re:taurant per seat 1.0000 0.~ 0.4889 1.7778 0.8889 0.1556 X 3.6 = SAdj. x SAdj. = x $Adj. = x SAdj. = x SAd).= x SAdj. = x SAdj. = Amt. to add to existing rate. -24- EXHIBIT C COLLIER COUNTY, FLORIDA WATER, SEWER, & REUSE UTILITY RATE STUDY EXECUTIVE SUMMARY RFP//96-2501 MARCH 1997 John A. Mayer ~iat~s Mil',,,aukee, wtscon~ COLLIER COUNTY WATER & SEWER DISTRICT *** EXECIrrIVE SUMM~Y *** This report has been prcpared to present thc results of a Water and Sewer Rate Study performed pursuant to a request by Collier County (thc "County") in RFP #96-2501. This document contains utility rate recommendations for County water, sanitary sewer, and effluent reuse utilities, in addition to Goodland Water and Marco Island Sewer charges. Utility rate setting has always bccn prospective in nature. Thc desirc is to establish a rate which will generate thc desired level of cash for one or several years into thc futurc. Thc rate setting process nec~ to lac rccognized aa a dynamic one, and rates will need to be changed when thc conditions and/or assumptions upon which thc rates arc based arc changed. Either internal or external changes can be thc driving forca: which can makc· utility's rates inslamare~msly inappropriate..Environmental / regulatory changes r changes in billable usage, for whatever reasons, arc examples of external forces to which thc utility muat respood. A managemerat chang~ in tl~ level of capital projects desired to be paid from operating revenues is an internal change which also can make · utility's ratc structurc inadequate. R¢¥¢nuc from ~ combined water, sewcr, and reuse utilities under thc initial or Step I proposed rates are eCdrnat~ to be $36,476,000 which is greater than the estima~ r~veame$ of $$4,394,000 calculated under thc present rates, thcrcforc an ovcrall incrca.~ of about 65t; in combL, x'd rcvc,-mes should be anticipated under tbe proposed ,.gtep l ratca. Thc ~tcp 2 ratea only $0.zs m :,000 ...... ,rrm th~ sewer utUit~, ud ~r~ ~ volm~r~ ne for ~ sew, r u~lity by 7'"'~ t ® ~'; ~' ES- 1 i .~.'.;6 2 ~' ',.'. .... gallons ($0.25/Mgal). This additional 25C/Mgal will generate an additional $1,000,000 in sewer revenues, and will be needed to pay debt service on the Sate of Florida Revolving Fund loan for $14.7 million which will be used to fund improvements to the South County Regional Wastewater Treatraent Plant. The Step 2 rates can be implemented at any point during the construction phase, but they should be in place prior to the beginning of debt service payments on the $14.7 MM loan which should begin during Fiscal Year I999. The rates are predicated on each utility paying for all cash expenditures for operating expenses and debt service, and in the case of the water and sewer utilities, having $3,000,000 each remaining for capital renewal and replacement projects to be paid with revenues generated from user charges. This has a dramatic effect on an individual utility's rates. Water utility revenues, in the aggregate, decrease by 10.5% or by $1,967,000. Sewer utility revenues, in the aggregate, increase by 22.9% or by $3,511,000 in Step 1, and increase an additional $1,019,000 or 5.4% in Step 2. Reuse utility revenues increase by 171.9% or by $538,000. In total, Step 1 revenues are 6.05% greater than under the present rates, and Step 2 revenues are 9.02% greater than the present rate. The specific rates being reconm~nded are shown on Schedule ES-1 lwaterl, ES-2 [Se,~erl, and ES-3 [Reusal. Schedule ES4A [Step I] and ES4B [Step 2] shows the combined water and sewer bill under both present and proposed rates for various levels of service for residential, multi- family, and commercial classes. Schedule ES-SA [Step 1] and ES-SB [Step 2] shows the revenue effect of these change. Ther~ are an inf'mite number of rate variations possible by shnply changing the amount of capital desired to be generatrat by each utility through user charge ram. If it was decided that the water utility shosdd generate $5,200,000 for capital projects, not the $3,000,000 upon which Se rate proposal is based, then there would be no reduction in water rates. If it was decided to elLmJ, nate all $3,000,000 of renewal and ~'placement capital projects from the sewer utility, sexver rates would still be. required to increase by 9.3% in order to meet o~rating and debt service needs, but the combined increase of all three utilities (water, sewer & reuse) would be zero or revenue neutral. Schedule ES-6 shows Collier County bills versus a number of other Florida communities. Page 1 shows combined water and sewer bills. The bills are sorted in descending order using the 7,000 gallons per month column which is a typical residential usage level. Under the present rates Collier is low, and even under the proposed rates Collier is lower than the average. Page 2 shows water only, and while Collier is above the median it is slightly below the average. Page 3 shows sewer only and indicates that Collier is near the low end of the group currently. The proposed Step 2 sewer rates put Collier in the middle of the group and still below the average. Each section of the full report contains an explanation of the analysis performed, and conclusions reached, in the process of developing the proposed rates. Below is a summary of the findings in each report section. SUMMARY OF FINDINGS & RECOMMENDATIONS ~?evenue Requirement I. Separate water, sewer, and reuse utility J~nancial information needs to be developed and maintained on an ongoing basis. This could be done formally by separating the current Water & Sewer enterprise fund into separate enterprise funds for water, sewer, and reuse utilities, or informally by setting up separate accounts within the existing system which would permit the preparation of separate balance sheet and revenue/expense reports by utility. The revenue requirement for water, sewer, and reuse utilities was developed by assuming that revenues generated by each utility would be sufficient to pay for all cash O&M expense [net of miscellaneous operating revenues], all debt service [net of interest income], plus the water utility and the sewer utility will each generate $3,000,000 through rates to be used for renewals and replacements. Projections for the two subsequent fiscal years [FY 1997-98 and FY 1998-99] were performed and it was determined growth in the customer revenue base will equal or exceed the growth and inflation in expenses. Only unforeseen changes in debt service, in cash desired to be generated through rates, or in customer usage, will precipitate the need to adjust rates. 4. The establishment of fair and equitable utility require that accurate information on customer billable units be easily available from the billing system. The District review the reporting capability of the new billing system before signing on the dotted line, and ~ the software vender to include the report~ needed in the format desired. Availability of billable unit information in the format ne,:ded will make future rate studies much more accurate and far less expensive. 5. The proposed rates simplify the rate structure. While the prc~nt rates have three customer classes wi~h three different rate structures, the proposed rates have one rate tariff which is applied uniformly to all customer classes. 6. A 2-step inverted rate is proposed for all customers with the 2nd step priced at 150% of the base level le~x~ to ~ near~t ~¢1. The proposed water rates re~sult in a reduction for all customer classes, and a greater than average reduction for the multi-family class due to the change from a dwelling units basis to a meter size based fixed charge. This reduction is, howeve-, cost justified, and will re- establish rate equity between customer classes. : J I0. 11. The fixed monthly charge will recover all customer billing and meter related costs, all public fire protection costs, and 50% of the remaining demand related costs. The water utility should have control and responsibility of all part of the water system, including fire hydrant maintenance. The cost to customers is estimated at 20¢ to 75¢ per month depending on the level of capital required. The County should negotiate with the fire districts to take over maintenance responsibilities in exchange for payment, in whole or in part, for any deferred maintenance needed to rehabilitate and restore the hydrants to water industry standards. Dedicated private fire connections and meters should be separate and distinct from general water service meters. In existing situations where a compound meter provides both general water service and private fire service, if any non-fire related usage is registered on a dedicated private fire connection, the utility should charge for any usage at the highest volume charge, and charge the standard Service Availability Charge for the larger meter for that month. For every $1,000,000 change in the amount of capital desired to be generated through water rates, the base volume rate would need to be changed by $0.20/Mgal. 12. Multi-family sewer customers are to be billed based on meter size, not on the number of dwelling units. 13. Multi-family customers will no longer have a monthly maxirnum billed usage limit. All metered potable water usage is assumed to be discharged into the sanitary sewer system. 14. The proposed fixed montNy charge recovers all customer meter reading costs, billing and other customer service costs, I/I related costs, and 50% of the capital related costt associated with flow and pollutants. 15. A 2-Step increase is pioposed for sewer if the desire is '.o phase-in the increase in sewer rates. The Step 2 rates generate approximately $!,000,000 of additional revenue over Step I rates which will just pay for the debt service due on the $14,700.000 low-inter~t loan from the State of Florida for improvements at the South County Regional Wastewater Treatment Plant. 16. For every $I ,000,000 change in the amount of capital desired to be generated through sewer "user charge" rates, the volumetric sewer rate would need to be changed by $0.26/Mgal. i ; ...; :j .. · 17. If the desire of the County is to have all of the costs currently comprising the revenue requirement for the reuse utility recovered through sanitary sewer charges, the sewer volume charge would increase by 29¢/Mgal. 18. If the desire of thc County is to set a reuse rate to encourage maximum usage using as a yardstick thc avoided cost for the large users, then the fixed month charges shown on Schedule R-l, and a volume charge of 16C/Mgal is recommended. 19. The volume portion of the reuse rates for Full Service customers is $0.60/Mgal, and for Master Metered Bulk Service customers i_n $0.27/Mgal, given the above level of capital to be generated through rates for renewals and replacements. 20. For each $100,000 of renewal and replacement capital raised for reuse sunnlv 1 transmission projects, the rate for both Full Service and Bulk Service would increase by about $O.04/Mgal. For each $100,000 of renewal and replacement capital raised for reuse distribution t~roiects, the rate for Full Servict only would increase by about $O.09/Mgal. 21. Current contractual customers are Bulk Service customers, and should be transferred to the regular reuse rates at the end of their contract period. The revenue paid by these customers is about 10% of what would be paid under the rates on Schedule R-1. 22. If continued construction of the reuse system is the County's desire, then the County needs to consider adopting a mandatory connection to the reuse system when it becomes available. 23. ~ Go<xtland Water District (GWD or 'Goodlar~') needs to imm~iately i~x:reasa annual water revenues by $95,300 which will require an average increa.~e in water rates of 58.1% over present rates. 24. Presently Goodland is purchasing bulk water from Southern States Utilities (SSU) at an effective price of $3.92 per 1000 gallons ($3.92/Mgal), and is charging it's customers at a rate of $2.18/Mgal. The present revenues cover only 88% of total cost of purchased water, and cover none of the costs incurred by Collier County for repairs, maintenance, meter reading, billing, etc. 25. The proposed rates will generate sufficient revenues to permit the GWD to cover all of it's expenses for both the cost of purchased water from SSU, and the direct costs for services provided by Collier County Water Utility personnel. 26. Schedule ES-7 shows a summary of both the present and proposed rates. A change in ra :e format is recommended for GWD. The proposed rates will charge a fixed monthly amount ; ; . .~ ',. 27. 28. based on the size of the water meter, plus a volume charge for all metered usage at a rate in $/Mgal. In order to facilitate the timely adjustment of GWD's rates in response to an increase in the cost of purchased water from SSU, a "Purcluzxed Water Adjustment Clause" 0aWAC') is recommended to be incorporated into the rate ordinance. This PWAC is intended to pass through the i~ in purchased water to GWD's customers' on a dollar-for-dollar basis. The formula contained in this clause 0x~ttom Schedule ES-T) should be used to adjust GWD's rates each and every time $$U changes the price it charges for purchased water. This increase is needed to reestablish the ability of the utility to pay for all of it's cash requirements with revenues generated through user charge revenues. Marco Island Water/Sewer District 29. The rates adopted in Ordinance No. 95-72 which became effective in December 1996 for Marco Island Sewer (MIS or 'Marco') are adequate to meet the annual cash requirements of the utility. 30. The sewage discharged by MIS customers is treated by Southern States Utilities (SSU) who charge MIS a fixed monthly fee in addition to a charge for each gallon of sewage. The rates charged by $SU have been somewhat volatile to say the least. The Fa:al Rates which went into effect on September 20, 1996 represent a 28.3 % slmr. ea~ from the Interim Rates which became_ effective on January 23, 1996. If this decr~ bad not taken effect, the rate per Ordinance No. 95-72 would be inadequate. 31. The proposed rates shown on Schedule ES-9 are virpaally identical to the present ram, consequently there is no need to change the present rates, except to ir~arporate the Wastev,~ter Adjustment Clause. 32. Marco I$1a.txt Sewer has very Ih'hired cash re~rve~, ~ com,'4uenlly they must adjust their rates immediately in response to changes in ram from SSU. In order to facilitate the timely adjustment of MLS's rates in response to an increac, e in the price of ~wage treatment from SSU, a 'Wacte~,ater A4/:~.t~aent O. ause' (WW AC) is recom.mended to be incorporated into the rate ordh;ame. This WWAC is JmenOed to pass thnmgh the incnmse in sewage treatment to MI$'$ customers' on · dollar-for-dollar basis. The fo:wnula contained in th~ clause (bottom Schedule MIS-l) .~ould be used to adjust MIS's rates each aM every time SSU changes the price it charges for sewage treatment. This Execua'v¢ Summary is the first section of thc full report. Thc full report expands on each of the above numbered points, and provid~ an in-depth accounting of the analysis performed, assumptions made, and conclusions reached. The report, in conjunction with a bound volume of work papers on customer billing tabulations, comprise the supporting documentation for the rate recommendations. PRESENT WATER RATES Individually Metered & Irrigation: Meter Size 5/8 & 3/4 1 1Y, 2 3 4 6 8 Multi. Family (Master Metered): First dwelling unit Each additional dwelling unit Schedule ES-l, $'14.20 $29.00 $43.70 $53.55 $83.00 $161.65 $250.00 $889.00 $14.20 $9.85 Page I Residential & Multi-Family: I - 10,000 gailons per dwelling unit 10,000 - 20,000 gallons per dwelling unit Above 20,000 gallons per dwelling unit Non-Residential: First Block in excess of first block Irrigation (separately metered): All Usage $1.75 $2.20 $2.75 $1.75 $2.47 $2.47 Meter_,$~.e 5/8 & 3/4 1 1% 2 3 4 6 8 .FJ ~ LI~k~,MJ ~.~ag e Threshold 10,000 gals. 25,000 gals. 40,000 gals. 50,000 gals. 80,000 gals. 160,000 gals. 250,000 gals. 500,000 gals. 900,000 gals. Schedule ES-l, Page 2 PROPOSED WATERRATES All Customer Classes: Meter Base Usage Amount ._Size__ ~ I o_l.g_0~)_g id J_( M g aJ ) 5/8 & 3/4 10 Mgal 1 25 Mgal 1Y= 50 Mgal 2 80 Mgal 3 160 Mgal 4 250 Mgal 6 500 Mgal 8 900 Mgal $14.00 $30.00 $55.00 $85.00 $160.00 $250.00 $500°00 $900.00 .v o_~ ume_C.l~ m e_E_e.r~t, 0.00__Ga U ~ts; Ali Customer C/asses Except Irrfgat/on: Base Usage Amount Usage greater than Base Usage Amount lrdgab'on (separately metered): ml Usage Size of 1" 2' 3' 4" 6" 8" 10' 12' $/;Mgal $1.55 $2.35 $2,35 $8.00 $7.00 $10.00 $12.00 $14.C0 $17.00 S16.00 $21.00 $24.00 Y_oJUm~L.Charg_e Ali Usage $2.35 PRESENT SEWER RATES Schedule ES-2, Page 1 Se~y~e Availabiity_Cha~ge: All Customer Meter _,SJzL 5/8 & 3J4 1 1¼ 1% 2 3 4 6 8 Multi-Family (Master Metered): First ~ unit Each additional dwelling unit S/Month $13.90 $28.60 $43.35 $53.15 $82.55 $161.00 $249.30 $494.55 S887.00 $13.90 $9.8O Y.o[u me_C~ ~g e_P_e~...1 Residential & Multi. Family: Billing threshold maximum (per individual unit) is 10,000 gallons :$1.60 Schedule ES-2, Page 2 PROPOSED SEWER RATES ~ecyJce_g. ty~llab~ty_.Cha rge: All Customer C. lasse~: Sill) 1 Retls Step 2 ~ w~o Flottcta needed Meter S14.7 MM Loan $14.7 ~ ~ & ~4 S17.~ $17.~ I $~,~ $~'~ 1% $~'~ $~'~ 1% ~8.~ ~.~ 2 $107.~ $107.~ 3 $; . ..~ $211.~ 4 $327.~ $327.~ 6 ~51.~ ~51.~ 8 $1,169.~ $1,169.~ Y_~lJ me C.~ ~l_Pj.r...~.~toJ~: $2.35 Single Family Residential Customers: Billing maximum usage is 10,000 gallons per month. Multi. Fatally end all .~ther Non. ReMdential Customers: All metered usage w~ be assumed to be charged into the sanitar'! sewer system. $2.60 ES- 12 COMBINED WATER & SEWER BILL COMPARISON SEWF. R STEP t RATES Der~=rigtion I Customer Crass Meter cnW) Billed Size # Units Ur,~e Present Proposed Schedule ES-4A DoSar Percent Chan~ Chaw_e Small Residential Median Residential (5/8' & 3/4-) Average Residential (3/4') Large Residential Very Large Residential Small Multi-Family Average Mutti-Family (1.5') Large Multi-Family Very Large Multi-Famil,/ Small Ccmmerdal Average Commercial Large Commercial Very Large Com, mercial 0.75 " 3 $38.15 $42.70 0.75 ' 5 $44.85 $50.50 0.75 ' 9.6 $60.26 $E~.44 I " 20 $113.10 $120.50 1.5 ' 150 $519.70 $459.00 0.75 ' 2 18 $108.05 $107.60 1.5 ' 5 35 $263.30 $259.50 2 ' 8 100 $546.45 $598.00 6 ' 100 1000 $5,805.25 $5,451.00 0.75 ' 15 $61.95 $93.50 1.5 ' 60 $314.90 $365.00 4 " 1000 $4,389.30 $5,077.00 0" 3000 $12,840.55 $14,851.00 $4.55 11.9% $5.65 12.6% $8.18 13.6% $7.40 6.5% ($60.70} -11.7% (S0.45) -0.4% ($3.80) -1.4% $51.55 9.4% ($354.25) -6.1% $11.55 14.1% $50.10 15.9% $687.70 15.7% $2,010.45 15.7% ES- 14 I ,. 7o Schedule ES-4B COMBINED WATER & SEWER BILL COMPARISON SEWER STEP 2 EATF..~ Description I Customer Class Met~' On~ Billed Size # Units Usage Present Proposed Small Residential Median Residential (5/8' & 3/4") Average Residential (3/4') Large Residential Very Large Residential 0.75 ' 3 $38.15 0.75" 5 $44.85 0.75 ' 9.6 $60.26 I ' 2~ $113.10 1.5 ' 150 $519.70 Dollar Percent Change Chan~ Small Multi-Family Average Mulfi-Fam/ly (1.5) Large Multi-Family Vet,/' Large Multi-Family Small Commercial Average Commercial Large Commercial Very Large Commercial 0.75 * 2 18 $108.05 1.5 ' 5 35 $263.30 2" 8 100 $546.45 6 ' 100 1000 $5,805.25 0.75 ' 15 $81.95 1.5 ' 60 $314.90 4" 1000 $4,389.30 6 ' 3000 $12,840.55 ~,43.45 $5.30 13.9% $51.75 $6.90 15.4% $70.84 $10.58 17.6% $123.00 $9.00 8.8% $461.50 ($58.20) -11.2% $112.10 $4.05 3.7% $268.25 $4.95 1.9% $623.00 $76.55 14.0% $5,701.00 ($104.25) -1.,~% $97.25 $15.30 18.7% $380.00 $65.10 20.0 $5,327.00 $937.70 21.4% $15,601.00 $2,760.45 21.5% ES- 15 { /..; .:, Schedule ES-5A PRESENT & PROPOSED ~/A~T. EB,_S. EVY_Ei~_&_I:~EU_S.E REVENUES SEWER STEP t PATES Revenues Under Present Proposed Dollar Percent Rates Rates Increase Increase $ $ $ % Combi,n,,ed Re,sidential 28,004,837 28,721,325 716,488 2.56%, ....... ~iiU.Lj [ ..... Jji I I IIIIIIIII I I IIIII1~.1111 . II I I . i I III Residential Single Family 14,889,381 16,489,179 1,599,798 10.74% Residential Multi-Farr,3y 13,115,456 12.232,146 (883,310) -6.73% Non-Residential 5,610,439 6.454,976 844,537 15.05% · Total Water & Sewer 33,615,275 35,176,301 1.561,025 4.64% h-riga Uon Water 465,275 448,552 (16,724) -3.59% Effluent Reuse 284,126 822,245 538.119 189.39% Effluent Reuse (Con~.ractual) .... 2.._~_,._0~. ....... .29,__0~ _ . - Total 34,393,677 36,476,097 2,062,421 6.05% , F_,S- 16 Schedule ES-5B PRESENT & PROPOSED y'~.J:~,~.IS~'V~i~_~U.SE REVENUES SEWF.~ STEP 2 PATES Revenues Under Present Proposed Dollar Percent Rates Rates Increase Increase $ $ $ % Combined Residential 28,004,8, ,37 Residential Single Family 14,889,381 Residential Multi-Family 13,115,456 Non-Residential 5,610,439. Total Water & Sewer 33,615,275 12,649,272 (466,183) -3.55% 6,658,349 1,057,911 18.86% 36,195,115 2,579,840 7.67% In'tgation Water 465,275 448,552 (16,724) -3.59% Effluent Reuse 284,126 822,245 538,119 189.39% Effluent Reuse (Contractual) 29,000_ 2_9,000.. - Total 34,393,677 37,494,912 3,101,235 9.02% ES- t7 "ID F__,S - 20 Schedule ES-7 GOODLAND WATER DISTRICT (FUND 441) PRESENT & PROPOSED WATER RATES Minimum Charge $ per Month Residential $11.81 / unit Motels $4.73 / unit Restaurants $1.77 I seat Marinas $141.75 / madna Fish Houses $236.25 I fish house Retail Stores $16.54 / store Usage in Excess of Volume incl. in Minimum Charged at Volume Included in Minimum 1,00O I unit 400 / unit 150 /seat 12,0O0 / madna 20,000 / fish house 1,40O / store $2.18 11,000 gallons P~ ,~z3d~e Ay aiJabJEty_.CJ3e r.g e; Meter Size 3/4' 1' 2" 3" 4" 6" 8' per Mo~th $16.0O $37.0O $72.0O $114.0O $~6.0O $351.00 $701.0O $1,259.00 All Usage $3.92 I Mgal 1) [ New SSU Volur~ Charge - Old SSU Vol. Chg ] 2) 3) 0.7~l Existi~ Gc, odland $,~lgai + $ Adder = Ne-. Gc, odb~ t~Mg,a 0.78 factor is needed to adjust for unaccounted for water and the change In the monthly luted cflarged from SSU. Note: From time to tine Southern State UbT~es (SSU) is authorized to increase water rates by the Florida Pub~ Service Commission. This PWAC is designed to at.4omatica~ 'pass-U~'ough' month that SSU increases the price of wholesale water to GWD. ! ES-21 [. --.: /77.. : __._.., Schedule ES-8 GOODLAND WATER DISTRICT (FUND 441) WATER BILL COMPARISON S~e Desc~p~o~ Usage Present Proposed 3/4" Average Residential (1.554 baths) 3/4" Typical Residential (2-bath) 2' Restaurant (109 seats) 3~4' Store 1~" Irrigation Water 2' Marina 5.96 $28.20 $39.38 $11.16 39.6% 6 $32.34 $39.52 $;7.18 22.2% 20 $200.89 $192.40 ($8.49) -4.2% 5 $24.39 $35.60 $11.21 46.0% 400 $893.44 $1.640.00 $746.56 83.6% 50 $224.59 $310.00 $85.41 38.0% F._,S - 22 Schedule ES-9 MARCO ISLAND WATER I SEWER DISTRICT (FUND 431) PRESENT & PROPOSED SEWER RATES C.t~tomer 'rx.~l Residential wi Single Bath ResidentJal - Additional Bath Hotel / Motel per unit Commercial Coin Laundry ~ unit Restaurant per seat Rates Elf. Rates El?. Proposed $17.11 $20.83 $20.80 -0.1% $3.80 $4.62 $4.60 -0.4% $8.44 S10.18 $10.15 -0.1% S30.3~ S3~.~ $36.95 -0.0% $15.18 $18.48 $18.50 0.1% $2.62 $3.19 $3.25 1.9% 1) [New SSU Volume Rate ($/Mgal) - Old Volume Rate] 2) Residential wi Single Bath Resldenti~l - Add~ Bath Hotel / Motel per unit Coin Laundry per unit Restaurant per seat 1.0000 0.2222 0.4889 1.7778 0.8889 0.1556 x 3.6 =$Adj. x SAdj. = AmL to add to existing rate. x SAdj. = - x SAdj. = - x $Adj. = - x SAdj. = x SAdj. = . F_~ - 23 EXECUTIVE SUMMARY APPROVE A WORK ORDER WITH COASTAL ENGINEERING CONSULTANTS, INC. AND THE ASSOCIATED BUDGET AMENDMENT NECESSARY TO CONDUCT A PRELIMINARY FEASIBILITY STUDY FOR THE PROPOSED HALDEMAN CREEK BASIN RESTORATION PROJECT. OBJECTIVE: To obtain approval of Work Order # CEC-02 and the associated budget amendment necessary to conduct a preliminary feasibility study for the proposed Haldeman Creek Basin Restoration project. CONSIDERATIONS: A request has been received fi.om a representative of the property owners in the Haldeman Creek Basin relative to implementing a project to provide dredging and other associated improvements to Haldeman Creek (associated correspondence and location map attached). In an effort to address this request, the staff has prepared a scope of services for conducting a study to determine the feasibility of this proposcd project. Such is included in the anached Work Order with Coastal Engineering Consultants, !nc. which is hereby being presented for consideration. The project will be administered by a project manager in the Office of Capital Projecls Management together with support from the Wa~er Management Department, Natural Resources Department and Real Property Management Department. The feasibility study is anticipated to be completed with 45 days after issuance of a notice to proceed, at which time the results will be presented to the Board of County Cormnissioners for further direction with respect to proceeding with the project. FISCAl.. IMPACT: Cost: Fund: Cost Center: Project Number: S 26,000.00; to be obligated in the budget for FY 96/97. This cost includes the following components: ( ! ) Work Order #CEC-02 $21,500.00 (2) Services by OCPM 52,500.00 (3) Interdepartmental Services $2,000.00 Total Estimated Cos'l 526,000.00 (325) 1981 Water Management CIP (172984) Haldeman Creek Facilities (31011) Haldeman Creek Basin Restoration Approval of a budget amendment is necessary for the proposed activity whereby funds will be transferred from Fund 325 Reserves to Account No. 325-172984-31011. GROWTH MANAGEMENT IMPACT: None Executive Summary Page 2 I~.ECOMMENDATION; 1. That the Board of County Commissioners: Approve Work Order #CEe-02 with Coastal Engineering Consultants, Inc. to conduct a preliminary feasibility study for the Haldeman Creek Basin Restoration project. Approve a budget amendment to provide a fundkng ~ource for thc proposed activity. Authorize the Chairman to execute Work Order #CEC-02. PREPARED BY: // /-e2-)///./ Ffarold E. Hubcr, Project Manage~ 1II Office of Capital Projects Management R~'v'I.~-WED BY: Jo!~H. Botdt, P.E., P L.S~, Dire'trot Slorn~wat~/Marmgeroent Office of Capital Projects Ed IL~chn~r, ^dmlnis~tor Public W~rks Division attachment~ cc: Co~s~l Engincenng Consultants, Inc. M~ L. Tre~s Dave ~, ~s~ Naples Civic As~iafi~ ~e~l~l~k Di[e: WORK ORD£R ~L~C~2 D~md ~ ~, I ~ (~ ~2~) · T~ ! I~et~lie PimJecl Limll$ · T~ g ~dl~t ood [s~l~ R~L ' T~ ~ P~ o P~llmf~s~ P~sbb emi i~ Task I T~sk fl 4 Task IV TOT~ FEE A~T BO~ OF C~ C~SS~RS By ~.,, ¢~r) Wime~e~ f2] Silnaru~¢ (Prim Name) (Prim NLm,c) Work C~'der Tanplale PAG/Wm'kOr OO I a COASTAL ENGINEERING CONSULTANTS INC August !1,1997 Mr. Harry E. Huber, Project Manager Ill Office of Capital Projects Management Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 1997 Re: Proposal for Professional Land Survey and Related Services for the Preliminary Feasibility Study of Haldeman Creek Dredging Project Pursuant to RFP 96-2550, Surveying Service~ CEC File No. 97.312 Dear Mr. Huber: Thank you for the opportunity to submit this propo.~l for professional stzrvey services. We have presented an otnline of services and related fee estimates for providing the surveys and associated analyses ired reports that were listed in a memo dated 6/30/97 from J. A. Boldt, entitled Haldeme~ Creek Dredging Project/attachedhereto) and your revised .scope of services dated July 29, 1997. Areas to be survey~l ~ shaded in on the auached map (Exhibit 1/. The attached outline details the breakdown of these co,ts. Charges for these .services will be provich:d on a Time and Materials basis, according to the approved Fee Schedule, Schedule "A" /attached heretoI, dated January I, 1996. which is made a pan of this Agreement as if fully contained herein. Sec'ices beyond the scope presented herein can be provided as Additional Sen'ices and shall be authorized in writing by you. We L,'ust this proposal is responsive to your needs. If so, please forward the appropriate Purchase Ordm- nd Authorization to Proceed. This proposal is void if not accepted within 30 days. Sincerely, ~CONSULTANTS, INC. President Attachments as holed td:W~'~L'nebL'nfsl9?$12~hhlet$.$ doc/ 3106 S HORSESHOE DRIVE ,, NAPLES ;LORIDA 34104 ,, COASTAL ENGINEERING CONSULTANTS INC Date: 8/8/97 PROPOSED SCOPE OF SERVICES HALDEMAN CREEK DREDGING Pennant to RFP 96-2550, Surveying Services PRELIMINARy FEASIBILITY STIJ"D~' A. Project Limits l) 2) Location Map - Benefit Properties Sketch of Proposed Section (Dredging) a) Several Typical Sections b) Volume Computations 3) Survey Existing Channels a) Elevations (control) b) Depths and Field Collection c) Cap Rock Probing d) Plan Preparation B. Environmental Issues Project Limits Subtotal: $ 2,000.00 1,250.00 1,250.00 1,200.00 4,820.00 2.500.00 1.9g0.00 S 15,000.00 I) 2) Water Quality Sampling Sediment Testing Collect .5 Samples b) Size Analysis c) Chemical Analyses Land Rights Environmental Issues Subtotal: Shoreline Protection Options and E. Exotic Removal I) Client Coordination G. Outline Funding Options l) Client Coordination PreliminaD, Probable Cost and Schedule 3106 S $ 0 I,100.00 400,00 2.500.00 4,000.00 0.00 $ 500.00 $ 1,500.00 S 500.00 Fee Estimate Total: $ 21,500,00 HORSESHOE DRIVE · NAPLES, FLORIDA 3A104 · (9/,: 6,43-2324 · FAX (q,4t) 643-: 1/.3 COASTAL ENGINEERING CONSULTANTS INC. SCHEDULE "A" Janua~ 1,1996 Prlnclpa! . Alaoclata Contract Project . Staff Engineer / Scientist / Appraiser Engineer / Scientist /Appraiser Manager / Supervisor Engineer / Scientist / ApPraiser Engineer / Scientist / Appraiser Landscape Arch/tact Environmental Specialist Technician / Designer DraYman Research Assistant / Technical Editor Lab Technician Construct/on Observer Word Processing / Document / Data Processor Chief Registered Land Surveyor Registered Land Surveyor 3-man crew 2-man crew Pho;ocopies Blueprints MyJars Boat Mileage Scientists include: Geologists, Chemists, Biologists and Hydrologists ~tem - One Week Minimum Lease Single Frequency Depth Sounder $ 2,300.00/week Thermal Paper S 150.00/day Microt/de ReCOrder (f month minimum) Mini~ow Recording Current Meter W~zard Processing Scl'tware 120.00 gO. O0 85.00 7500 65.00 60.00 60.00 55.00 45.0O 45.00 40.00 40.00 35.0O 75.0O 65.00 85.00 75.00 /each 1.50/each $.00/each 250.0e/day .25/mile 3 7,500.0o/montn S 3,0o0.00/month $ 1 g. 0o/ro, $ 500.0O/month · ' $ 120. O0/month Re/I22~'/'D"~f~L~l~2ALf will be billed at cost. Typical rmimbumable expenses include: or,t-of-town travel made o~ bahai of the ciienl relating to perm/ts, medal reconnaissance and photographic expenses, and prints. " ~1~ .wfl! be administered at cost plus 10%. ~' ~ on this sChedule ara guaranleed for one )'ear from · o the clare ahown. ~ fee negotiated separately. 3~06 S HO/?SESHOE Dr~lvE. NAPLES' I:LO~IDA 3-"104. ,,¢/.-~,, ,,....: ~ _.. ~.-,.~-z3,:. ,,, :A.', HALDEMAN CREEK DREDGING PROJ'EC~ "Summary of responses received from Marlee L. Trettis lener dated April 16, 1997" I. I was wondering how you were doing on the signatures. I have talked to a couple neighbors. I will try to talk to more ifit is needed. 2. Yes, we feel dredging is necessary. We have been hoping for an improve- ment for a long time. 3. We received your letter regarding Haldeman Creek and are very interested in partcipating in any way we can. 4. I sincerely agree with it. I am interested in improving navigation in my waterway and increasing property, values, providing the Mean Low Water (MLg0 meets or exceeds 5 feet. We received your letter yesterday and ~e very excited about improving the waterways on Haldeman Creek. We can not access our proper'tv anymore by boat- any boat! - 7. I thL,~ its about ~e, add my name to the li~t. 8. Yes we are ix~teres~ed in the dredging of Haldeman Creek. 9. We are interested in learning more about the Ha/deman Creek Project. 10. I am interested in dredging the Haldeman Creek. 11. We do not exper/ence problems at Iow tide. so we are not in favor of&edging and additional taxes. 12. I am very interested in having our canals d.,'edged. I hope this letter wi]l serve as a yes vote on the Haldeman Creek Project. 13. We congratulate you and your neighbors for pursuing such a massive project, but we are incline to decline our support at this time. Perhaps additional information could sway that opinion, but we would vote no, now. 14. I agree to the plan to re-dredge the Haldeman Creek waterway & canal system. Defenitely it will benefit the owners here & improve our property values. I live on a very small income & its gening smaller as time progresses. I a.m ~ concerned about how much. 7 15. We will be happy to support the project any way we can. Haldeman Creek is in dire need of dredging. . 16. Received your letter of April 16 and agree with you wholeheartedly. Please accept this letter as our support for the project and keep us informed of the progress. 17. In favor of th/s project providing the cost is reasonable. I g. We are in favor oftkis project. 19. I would very much like to ~e our canals dredged in the Haldemen Creek m'ea and would vote in favor of this Proposal if given the oppomm/ty. 20. Very intererted--contact me. 21. I would like very much to have Ha/deman Creek and its canals dredged. 22. I am in receipt of your letter and would support the proposed dredging, assuming thc benefits are proportionate to the cost, wlu'ch I be.l/eve wo~d be the case. 23. As a waterfront property owner we &re very interes/ed in the dredging of Haldeman Creek. ! would go along if there would be proof that my property would be included in the dredging. . We fecl the dredging would be a very good idea. We have been hoping for an improvement for a long time. That& you for your action on this matter. It has been long on need for some time and I wish you the best of luck and bid you lots of patience as you endeavor to stay this dragon. I am the owner of record on three residential lots on Car,.al Street and will support a MSTU. We are 100% in support of such a project and have been concerned about our property which is at the end of the canal. We both appreciate your interest mad desire to improve the waterways in the area. Please count ou our support and willingness to work with you on the issues. We are very much in favor ofpurauing this project. Yes! I'm very in/crested! Yes, ! am interested in the dredging of Haldemaa Creek. 24. 25. 26. 27. 28. 29. 30. 31. 36. 37. 3g. 39. 40. 41. 42. 43. 44. 32. Yes, I am very much interested in Haldernan Creek improvements. 33. Thank you so much for your recent letter about Creek. I have lived on Bayview since the possible dredging of Haldernan 1987 and have wished for tMs project ever since. Please add rny name to the owner list TWICE. I just recently purchased another house on Pop/ar Street, so I guess I have two votes. I would like the canal dredged as deep as possible. 34. We are very much for the dredging of Haldernan Creek and cana/s. 35. This is to inform you we are in favor of the dredging ofthe canals in the Haldernan Creek area. I am interested in dredging Ha/deman Creek. Yes! Please count me in on this. ! agree to the dredging. Yes very interested: Yes. I ara very interested in having our canals dredged, AJthough! am concerned about the cost of the project. ' I am interested! 1 think its a great idea to dredge the canal. We support the concept ora dredging project providing it is financed in a fair and equitable manner. We will defin./tely support the the fact finding stages of the project and will encourage our friends ~d neighbors to do so. We are very interested in this project. 7 Haldeman Creek Project 312 Collee Court FL 112 1997 Colli~z County Board J Ccrmmis,ic~er~ 3301 Timiami Trail Napl=, FL 34112 De~r M~. Ma¢'Kie: Cc~mty Cou~rnis,ioner with whcrm w~ -hc~d cc,rr~poud ia v~ar~ to a p~ect c~r cc,~ mu::~.i~ ku We ~d~tand that the Bo~:l of County Ccr~,ion~ ~ make the fi,x! d~c, ct that br;..n~ the ?rcjec~ to fi'~"ticrn, partic.alaxly when a MSTV is r~. Yc, u ar~ obvicnaly a who makn thin~, happen. raining enough that someth, in~ n~.ded to J~ done, l~nat it w'un't ~ ~e~ m, wraJ ~Lunati;ed l~rc~en and hei?iail ]x~ater~ cfi the deb~ that ~ decided to i.uv'n~ate the pc~iti~ of having Haldeman Czc~k dredged. Enclosed is a letter v~ ~-~t to apHc,ximately 200 ~ the im:qx, rty ~ whom v~ ca:a~ki locate with prcux-rty Ix~rderin~ Haldeman Cr~k and it~ a.mx:iated canal. Within cat month ~ei,,ed approximately $0 pc~tive rnpc,~=, m~ i~ ~ or l:,y fax, ~th ~ phone You ~ay ~ may not l~ awaze of pm, ioua dum~ iuto this waterway aM its ~r~ of ne~lec~ in maintenance. We be~e',~ that ff' w~ cc,ml~ed the~e effcrrt~, c~r ¢c~ will b~ cut ~ip~ficantly. ~olunt~-r~ t~ time, ]~ut, at tl~ time, it b c~cuh t~ ]et t~m ]mo~ wk~t t~ c~ c~. Ma.,'O~ L T~tt~ Hal leman Creek Project 3124 Co]lee Court Niples, FL 34112 Dear Neighbor. April 16, 1~7 A~ waterfront propen'.y owners on Halc~eman Creek, we are preparing to approach the County in an effort to dredge I~ creek and its associated canals. Timing is cruc~l~ We have re~earchad and gathered infon'nation and feel we can make this project happen NOW! Dredging Haldeman Creek will not only improve navigation, lx,,t will greatly enhance property values. The last dredging in this area was done in the 1950s. When the subdivision was ~'eated water depths exceeded -5 f~et MLW. Today thsse canals are -2 feet or less at Mean Low Water. 3'he mechanism to a~.,,a'~e and fund Ms project is specked in Section 274 of the Counts Code of Lav~ and Ordinances. A Municipal S~,4ce Taxing Unit (MSTU) will be establish~ if 51% or more of the w~ten¥ont prol:x~ty owners agree. The cost of the project is shared by all beneficJades and can be spread oN over several years to keep the payments Iow. A special assessment will then be charged to the annual property tax bill. MI costs amd a38es,~n.~nt~ &m made known .~ the project is auttmrlzed. Ir' you are interested in improving navigation in your wate,'way and increasing your property values, please contact us at ~ addre~ abov~ o~ I~ your response to (941) 793-43840. Every good MLT:jr Enclo3ure: Map $incereh/, Marilee L Tre~s IIIIII I EXECUTIVE SUMMARY SEEKING AUTHORIZATION TO APPLY FOR A GRANT IN CONJUNCTION WITH THE COLLIER COUNTY PUBLIC HEALTH DEPARTMENT, NAPLES COMMUNITY HOSPITAL, COLLIER HEALTH SERVICES, INC., AND THE MARION E. FETHER MEDICAL CENTER TO PROVIDE BETTER COORDINATED INDIGENT HEALTH CARE OBJECTIVE: To use grant funding to provide indigent health care through a more coordinated approach. CONSIDERATIONS: In 1997 the Florida Legislature created the "Primary Care for Children and Families Challenge Grant Act". The program was enacted to encourage local communities to develop better coordinated systems to deal with indigent health care, which is a growing issue across the state. The initial grants will be issued for a six-month period from January 1 through June 30, 1998 and only counties are allowed to make application. Following this first six-month period, grants will be awarded on an annual baqs. A minimum of four grants will be awarded for the initial period with an anticipated maximum amount of $125,000 per award. A 50% match is required, ofwhich half can be "in-kind", and half being a cash match. Because indigent care in Collier County is provided primarily by the local not-for-profit private hospitals and clinics, and through contracts administered by the Collier County Public Health Department, these agencies have taken the icad and worked together to prepare the required pre-application letter on be, half of Collier County. Should the Board approve the submission of this letter, it will be submitted by a required due date of September 5, 1997. From the State level, the legislature is clearly looking for local communities to produce creative models that. if successful, can be duplicated elsewhere. Locally, the grant funds have spurred the various agencies to work together to develop more efficient ways of providing indigent care and accessing grant funds. These funds would lower the cost of indigent care that is in essence being borne by the community in one form or another. Letters of intent that are submitted are reviewed to determine which counties would then be invited'to prepare full applications. Because Collier County does not have County-mn hospitals as some Florida communities, the County staff is not familiar enough to develop what would be considered a competitive application. Accordingly, staff from the different agencies, with Naples Community Hospital taking the lead, would prepare the actual application. Should the County decide to participate and be invited, full applications would be due by November 3, 1997, and would be submitted to the County Commission for full review in advance. x. e) / 2 lgg? GROWTH MANAGEMENT IMPACT: None; although a health element was an option allowed by the initial Growth Management act, it was not required and such an element was not submitted by Collier County. FISCAL IMPACT: $125,000 in grant funds would be applied for in the first six month application. The cash match required under the grant letter of intent as proposed would be $31,250. Of that, the agencies involved would provide the full cash match and the in- kind match portion of the proposed application. Should the program be successful, and the County and health care agencies determine to continue with a full year's application, the County Commission would again have full opportunity to review any grant submissions in advance. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, determine if a grant application will be filed by the County in conjunction with the Collier County Public Health Department, Naples Community Hospital, Collier Health Services, Inc., and the Marion E. Fether Medical Center, and if.so authorize the Chairman to sign the letter of intent for forwarding to Ta!lahassee by September 5, 1997. Prepared by~~'~. ~] Thomas W. Olliff, Publi~"~l:~ces Administrator 2 6 1997 I Funding Opportunity forCoun.tyGovernments I Prhnary Care for Children and Families Challenge Grants Background The 1997 Florida Legislature, through Chapter 97-263, Laws of Florida, created the "Primary Care for Childremand Families Challenge Grant Act". The Legislature found that local solutions to health care problems can have a dramatic and positive effect on the heaP. h status of children and families. Local'governments are better equipped to: ~' ident, ify the health care needs of the children and families m their communities, -. ~ mobilize the community to donate time and services to help their neighbors, and ~ organize health care providers to provide health services to needy children and families. The Program Intent is': ...to provide matching funds to Florida counties in the form of Prhnary Care for Children attd Fandlie$ Challenge Grants to stimulate the development of coordinated primary health care delivery systems for low-income children and families. ...to foster the development of coordinated primary health care delivery systems that emphasize volunteerism, cooperation, and broad-based participation by public and private health care providers. ...that tile Primary Care for Chiklren attcl Famllle$ Challenge Grant Program function as a partnership between ~tate and local governments and private sector health care providers. The Department of Health is looking for a variety of models of how county governments can address indigent health care needs through' health care service networks. Applications will be accepted only from county governments. Muhi-county applications will also be accepted. Applications will be evaluated through a two stage process. The'first stage is a Pre- Application/Lctter of Intent. Tile second stage will be the submission of full applications by selccted applicants. AU~ 2 ~ ~597 | Stage One How to Apply A Pre-Application/Letter of Intent ~vill be used to minimize the demand on applicants' time and resources, and to help determine whether a proposed project falls within the legislative intent. All proposals ',viii be evaluated by an independent panel appointed by the Department of Health. The Pre-Application/Letter of Intent must explain how the proposed project will meet the intent of the program and demonstrate the readiness of Ibc county government to undertake the initiative. Pre-Application/Letters of Inlent will be a maximt,m of 5 pages. The following items are lo be addressed: 1. A description oflhe target population to be served by the Primary Care for Children and Families Challenge Grant. (examples: percent attd number of residents at or below I50% of poverty, proposed number of patients to be served, health status indicators for county, other demographicsj 2. A description of how indigent patients currently seek and obtain heal,'h care in the county (les) and barriers to obtaining heal[l~ care. (e.ramples: occesx i$~'ue,r, transl~orttttion issues, lack of providers, lack of fiJcilities, improper use of emergency room, delayed Care) 3. A description of how indigent patients will obtain health care in the proposed service network if funding is received. 4. A listing oftlae potential members ofthe proposed health care service network. (examples: physicians and other health care professionals, health care agencies, hospitals, vohtnteer programs, community service programs. specialty care providers) 5. A description of the community support that currently exists for the proposed project and a listing of the potential local resonrces to be used for the required match. In addition, the Pre-Application/Letter of Intent must be signed by the authorizing county official, or officials if it is a multi-county application. Multi-county applications should also indicate lead county. A contact name and phone number should also be included. Submit Pre-Application/Letter of Intent by September 5, 1997 to: LeeAnn Roberts Department of Health- HSF 13 l 7 Winewood Blvd., Bldg.5, Room 420 Tallahassee, FL 32399-0700 (850) 487- ] 321 Stage Two For Cottnties Invited to Prepare Full Applications The Following Must be Addressed in the Full Application: ~ Target population to be served => Heallh benefits to be provided ~ Schedule of benefits and services ~ Mechanism for hospital inpatient services c:, Proposed service network ':> Methods used to measure cost effectiveness ':> Methods used to measure patient satisfaction '::' Methods used to measure provider satisfaction '::' Internal quali~ assurance process c~ l~lealth status outcomes c~ Data colJection Local resources Pn2ference will be given to applications that: ~ F-xceed the minimum required local contribution ~ Demonstrale broad-based local support c> Include a volunteer component c~ Represent a county with high poverty and poor health status c> Demonstrate coordinated service delivery with existing p~bliciy financed health care programs Use of Grant Funds Grant funds may be used to support staffsal, aries, expenses, supplies, and otl~er direct expenses to carry out the activhes . !~ toers, n community heal~h Patients receiving services through the Primary Care for Children and Families Challenge Grant Program must have incomes less than 150% of poverty and not have access to Medicaid/Medicare or private insurance. A co-payment will also be required. Funding Information The in)ial grants will be for a six month eriod ' · throuoh Ju P begmnm Janu ,., ~ . .ne30, 1998. Thereafter the ......... :,,, g ary 1, 1998 ,~ ~t!r.ougn June 30, with renewal b~'sed ~2"-'~'[~-~'~.-°e on an a. nnttal basis, July ~eg~slat~ve funding. ,~- *a~s~actory operatton and available A minimum of 4 grants will be awarded for thc initial six month period, with ati a._.__n~icipated max/mum amount of $125,000 per award. Match Requirement For the purpose of the Primary Care for Children and Families Challenge Grant Program, match is defined as a contribution which supports the operation of tile heahh care service network. By law, the county government recipients of'th6 Primary Care for Children and Families Challenge Grants with populations of more than 50,000 must provide a 50% match to lhe award amount. Fifty percent oflhe match must be in the form ofcash. Up to 50% of the match can be in-kind. For counties with populations of Jess than 50,000. 100% oFthe match can be in-kind. In-kind contributions may consist of: volu ntee r h c allh ca re (above 1996 I/IICPP' documented amottntJ documented free hospital services (not baddebO staff, equipment and supplies for the health care service network By law. any dfird party reimbursement and all fees collected shall not bc considered Iocnl match or in-kind contributions. Timetable Pre-Application/Letter of intent due Invitations extended for full applications Full Applications due Project Start Up Date Preliminary Report to Legislature September 5, 1997 September 15, 1997 November 3. 1997 January 1, 1998 April I, 1998 Those co/n/lies who are/nv/led lo complete the full application w/Il receive att application packet includi/tg instructions. Questions should be directed to Ms. Roberts at (850) 487-1321. · The l'nhmteer Iteahh Care Provider Program (VllCPP) 1996 report is available by contacting Klm 13nrnhill. 1'7orida Department of/leal/h, at (8.50) 487-132 I. Agend~t~ AUG 2 8 19.97 P~-.~..~_~ ~A,'il h Ih~'. i'~tnhle e>cception o£ ~dult heulth, thc p~ncr~l~p uFnot-~o~'-pro~t h~th c=re pro~ders h~ (~llicr co~.~ry }~s made la~dable progress in providing prima~ h~lth c~re to its indigent rc~idcr~ Thc prior, uninsured people ot'lhe ~un~ now almost u~vers~ly receive their prima~ medical c:,~ ~ IYun~ Collier Health Sc~ice~. lac. (CI ISI), inpatient a.~RiRtance ~rom ~aplc~ C;ommuni~y I lospital ~CH) and ~ollow-up ~d preventive health nlanagement from the Collier County I tc~hh I )cpa~ment. The stlcces$ o~tl~s association has been considerable and is verifiable ii,ouch c~.~n~n~nn o~some oFthe County's health indi~tors. Perhaps the most e~dent public health uccun]p]~shments in ~oll{er County ~or ~he past ~ew years ~re related to the care o~ prcgnan~ won)ca. Fo~ thc past ~ur ycarg, neonatal health ]n our county [~ improving and i3 bette[ than ot~r neighboring counties and thc slate a~ a whole. With some occasional variant, tl~s ~r neo~.~l.31 ~3orlR[Hy, t~al mo~al]ty, the number of]ow-blah weight babies and others. ~cwc~ c~.,~'..-~(tc indic~lors are available to measure Ihe h~hh status o~c~ldren, one o~thcm. chHdh~od ,hm.h~zation levels again shows that Collier County h~ achieved a posit~on ~ ~tale 'l'hc~c .~l:rnvcmcnts are the well-deserved results o£1)l;tny interested and active public and privale health c,~c pr~,~.~sion~ls over the past t~ee to ~our y~s. Collier Health Se~ices considerably upRr~tdcd thc ~]~Jality of its prenatal care in J~okalee in 199~ by b~nging Level ~ prenatal medical n~anugclncnt on-~lt¢ to th~ ~arion ~. Pether ~i~1 Center-high risk patlent~ previously traveled to N'aples for their care. That same high-risk care and other speciuli~d prcn~t~ services were ini~ia~e~ l~r public patients in Naples when CHSI assumed responsibility for the Counw Health Department's women's and c~ldran's h~hh depa~ment~ in 1995. Now, CHS[ se~cs abou~ 1600 t~F [t~e 2500 women who receive prenatal ~e in the ~unty annually. The medi~l care and suppo~ se~viccs such as nutrition, bre~t-f~ding and childbi~h educalion ~ro~ded jomHy x~i~h ~he C'oun~y Heahh Dcpa~mcnt) rcprcsenl prenatal care that equals any available--at ui~y c(~sl Fhtsg~ se~sces are open to all patients regardless o~lheir ~bility to pay. $inxilar ac¢,::,~ is accorded pediatric patients. Since the 1995 contract with the county health ctepa~mcnt, CHSI has provided outpatient care to all children in need. Accessibility has been fi~r~her extended by the £oi marion c,£ the Children's Health Network, a partnership o£pediatricians Ic~catcd in H:c (;i[.v at'Naples, Golden Gate and M~rco. Nov,', direct hospital ~dmissions and £ollow-.~ c,~r~: urn: p()ssihlc f'or all children in Collier County. The s~sccess c~l':lsese pro.gtanss ]~.as been dlrcctly proportional 1o Ihe availability of' federal and .~ale fin:d:~s,.: t'hrough grants such as the Community and Migrant He~.~lth Centers projecla, N1edica;d. Hc~dthy .<;tan. Corru'nunity Health Partners, a~td the Hcahhy Kids Corporation, the children a~td fa-=ilics of' C.Ilier County have access to several choices of high quality mcdical c-re. t. hU'orttma~ely. {l~e s.~n~e level of fi~ndlng is not available for adults. Prior to 1996, virtually the (;nlv ~n.rce ot't~tslpaticnt h~alth c~re £or poor adulL~ in Collier County was the County Health Dcp~sr t~ncnt 'l'ha~ responsibility was transferred to CH'SI; ill ] 99~ through another comtract A (.:1.I$I physician and nur3c practitioner now conduct approximately 4,000 medical appulntmcn~ a year at the govc. rnment center £acility, with -t least that many more are demanding accon~dution Virtually all of'those people live in poverty -nd none has any kind of'medical assistance. :'~dHlb:st ne) payment is ever collected £rom any o£them. It is doubtful that ~his practice can be c. onth~t,ed lon;g into the ffuture. .0._ ~i'(c) / AUG 2 5 19,q7 pg, '~ _ The slate "Primary Care for ChJldre. n and Families Challenge Grants" can help u.~ offer ~d~quutc mcdic~Icovera~cm poor adults in Collier County. ltistheintcnt oflhclugi~lationtoa~si~t inthe p, ovlsion of care to puur p~oplc without accc~. Thc p~ncr~l~p of the Collier County H~hh Depamnent and Collier Heald~ Semites can accomplish :llal goal, The Collier County I'[eAhh l)epanmcnt and Collier Heahh Se~ices logether will prepare a grant application far the only eliglhle applicatoR' lhe Collier County Board of Commissioners. The amount nflh~ rcqucst will be $125.000 fi~r ~he first six momhs period of the project as stipulated in thc ~pplication guidance. Thc CountyHc.hh Dcpu~mcnt willbelhemunuglngugcnt fur thoscfunds. OFther~uest, 511~,000 will be directly paid lo Collier Hcahh Sc~iccs, Inc. for providing medical care The remamm~ ~; ~/)t)o ~11 be re~ained by the County Health Depa~ment for providing follow-up xe~icc~ 1~ ~duh patients se~ed by CI IS[ The same fimding ratio will be mainluincd as thc Under thJs a.u,r,:¢,nem, CHSI will as, ce Io provldc prlmoay medical care to any aduh re~ui~ng such c. arc ,,nd whose income places him or her at 1 SOY, ofpov~y or ~low (the income level dc.~cr,hcH ,n :he [[r~nt gmdancc) The prima~ place ot'~ ~11 be at thc govcrnm~t ccntu: facility but ~,v~c~ may he ;given at other CI ISI sit~ ifn~ CHRI ~11 hire w~c~ m~ic~ and ancillary ~[aff mc rcquircd to pruvlde the ad~uale I¢~1 of scrvi~ ~ may ~I~ ~r~ ~ days of co%'er;~ge to ensure patient's a~s~ to ~c. Sc~vJ~s to ~ o~ will ~ approp~te for an aHulr care praclice and will be ~mplelc including ]~ralo~ ~d a~at~ ~ P~l~ x~q~; ~c :eh hy .;-,. nn~men; or as walk-ins. ~e~ult~ecli~c~l~p~~ s~'k s a '. ~ , t:...,, Maay oftllosC pru~r~s ~rc ~atcd in thc gov~:t cen%~ ~ Thc C ,,~,,,:' !iv.,;,i, I)cp~rtment will maintain responsibilhy ,n~,~a~c:,~u::~ u;'~iuunic di~c~c patlent~ Aho. I trader thc cc, re c:'CHSI arc chionic~ly ill ~ilh klrhaey diraa.,.q Nlo5l are non-compliant with foci ill P~cve,,lion il not a priority for th~. ~ work clu>ulv ~'th linc CHSI mcdi~l learn to me4icn:~c,n properly and adhere to p~vcntlon and field ream~ w,II meet periodioHy for case Wc bclicYu :h.,: wc can develop a very competitive application f~' a considerable ~ap in fan~ly health c~rc in Collier that c. urrem adnunistrative and program functions are alre~y in will gn di,'ec, tlv ~o patient ore. Required niatc~ng Agend,= .i' tea N0. ~ (e._~ / AUG 2 S Pg ..__.__~ EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT (AND SHORT FORM LEASE AGREEMENT) BETWEEN COLLIER COUNTY AND PRIMECO PERSONAL COMMUNICATIONS. OBJECTIVE: Approval of a Lease Agreement (and short form Lease Agreement) betwem Collier County and PrimeCo Personal Communications. CONSIDER))TION: PrimeCo Personal Communications CPrimeCo"), · I)elaw~e limited partnership, ha~ requc'~ted use of two thous~xi (2,000) ~quare feet of vacam Counry-owaed property at the North Naples Wastewater Treatment Plant for the ~ and operation (g'a one hundred fii~ (150) foot above-grmmd monopote coa~..a'fications tow~. Prime~ wil be responsible for all costs associaIcd wi~ the construction, operation and maintenance of I~e tower. PrimeCo shall be required to reax~ve the existin8 tower installed by the County at~d iecur ali cosls associated with same. The proposed tower h the same tower PrimeCo installed at ~ae Vineyards Community Park which Lease was approved by the Board on May 27, 1997. The monopole will support operations for the trmmnis~n of signals for a new form of cellular- D'De telecommunications called Personal Comn~nk~ons Services (PCS), PCS is · form of mobile telecommunications differing from c.~ular service in that PCS requires many lowers to relay radio transmission signals from pole to pole as telephone poles relay signals, unlike cellular towers which have a wider range of service. PCS is marketed to be a more cost efficient mobile teleconununi~tions service. The tower is equipped to ac, commodate three (3) separate communications systems. PrimeC, o shall utilize one (l) position at one hundred eleven (l 1 l) feet above-ground. Collier County ~ be permitted to utilize thc 2'~ location at either ninety (90) feet or one hundred ten (110) feet, d' needed, without cost to the County. The yd position shall be leased to others by PfimeCo ia wi'ich the rental payments shall be collected by PfimeCo. The term of the Lease shall be for fifteen (15) years with one (i) option to renew for five (5) years. The annual rent for the property prior to the installation of the tower shall be twelve hundred dollars (51,200.00) to be paid at the commencement of the Lease. Once the tower is installed, or after the first year, the rent shall automatically be increased to fourteen thousand dollars ($14,000.00) annually and shall be paid in advance. Future annual rent shall be due on the anniversary date for each ensuing year of the initial term. Any balance from the preconstmctioa rent shall be credited towards the first payment of fourteen thousand dollars ($14,000.00). After the 5~ year of the Le~se, the annual rent for the 6~' through the 10'~ year shall be increased b~ twenty (20) percent from the 5°' yeg's rent. This equates to sixleen thousand eight hundred doil~u'~ ($16,800.CO) each yea' for years six (6) through ten (10). After the 10' year, the rent for the renewal term of five (5) yea~ shall be hacrea~ by twenty (20) percem of the increased nmi calculated for the I0' year. Therefore, twerwy thou~d one hundred ~ixty dollars ($20,160.00) AU6 2 $ shall represent the annual rent for years eleven (11) tlu'ough fifteen (15) if the I,ease is renewed. PrimeCo is required to provide a refundable security deposit of two (2) months rent equaling two thousand thzee hundred thirty-four dollars ($2,334.00). Collier County shall review and spprove all plans and landscaping plans proposed by PrimeCo for the Demised Premises. PrimeCo shall maintain the Den~s~d Premises without cost to Collier County. PrimeCo shall take out and maintain an in~.rance policy for comprehensive general liability for bodily injury and property damage. The Office of the County Attorney, Wastewater Department, Office of Franchise Administration, Information Technology Department, Risk Management Department and Real Property Management Department have reviewed the attached Lease Agreement. The terms ofthe Lease Agreement and proposed use of the subject property have been advertised pursuant to Florida Statute 125.35 and bidders were instructed to respond by noon, August 6, 1997. A copy of the advertisement and Affidavit of'Publication are attached. There was only one (l) response to the advertisement. Attached is a copy of a proposal from PrimeCo Personal Communications outlining the requirem~ts contained in the attached Lease Agreement. FISQAL E'~PA~F: The annual rents sh~_ll be deposited imo the following accounts: twemy (20) percent imo MSTD Gener~! Fund (Office of Franchise Administration) and eighty (80) percent into account 408-233312-362! 10. I~RQWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement and Short Form Lease Agreement (three (3) copies of e~¢h) with PrimeCo Personal Communications, L.P. and authorize its Chairman to execute same. , Final A. nal~st, Franchise Admir[i'stration Men'itt, Manager, Franchise Administration Tim ~'~em°ns, Dir~ior, Wastewater Department Robeh Fernandez, County Admi/~trator DATE: DATE: AGENDA ITEM AUG 2 6 Lqg7 6 I0 12 26 GROUND LEASE AGREEMENT-PRIMECO Site: NORTH COUNTY REGIONAL WASTEWATER TREAT3,IENT PLANT THIS GROUND LEASE AGREEMENT ("Lease"), is entered into effectively on the day of , 1997, the ("Commencement Date"), and between the two parties: Collier County ("OWNER") and PHmeCo Personal Communications, L. P., a Delaware Limited Partnership, ("TENANT"). The parties agree: ]o The Property: Owner's PropenT; The Leased Area; And Tenant's Property. 13 is A. OWNER owns a parcel of land at the following sweet adctress: 10500 16 Goodlet~e Frank Road, Naples, 34119, in the County of Collier, Florida, herein t7 called ("OWNER's Land"), which land is shown on attached Exhibit Al. 11 TENANT is in the communications business and desires to lease land and an 19 access casement thereto, referred to herein collectively as the LEASED AREA. 20 OX~,WER's property is a parcel of land that is larger in area than the LEASED :l AREA. The LEASED AREA is a pan of OW'NER's Land. All personal property 22 brought onto the LEASED AREA by or on behalf of TENANT is referred to 23 herein as "TENANT's l~'operty." Any personal property brought onto the 24 LEASED AREA by OWNER or on behalf of OWNER is referred to herein as "OWNER's Property." A,ny property brought onto the LEASED AREA by any third party is referred to herein as "Third Party Property." 27 30 37 31 41 42 4,4 46 47 49 B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is not a Fran:hise under any law, rule or regulation. The LEASED AREA comprises approximately 2,000 .square feet of land: a 40 foot by 50 foot parcel, plus an access easem~t thereto; both are as shown on the attached Exhibit A2. C. OWNER and TENANT hereby agree that the LEASED AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may replace Exhibit A2 and become a part hereof and s?~all supersede the fa'st Exl'fibi: A2 in thc event of any discrepancy between such survey and the description of Paragraph I.B., above. 2. Lease: Access Easement. OWN'ER hereby grants to TENANT a non-exclusive access easement (during the entire life of ti'tis Lease) for free access to the LEASED AREA seven (7) days a week, twenty-four (24) hours a day. No above-gr~ound strucn.u'es shall be constructed in the access easement. 3. Lease Term And Rent. A. RE/FI' PAYABLE ~ MONEY. This Lease has an initial term of fifteen (15) years from the Commencement Date. The ~mual rent shall be Fourteen Thousand Dollars ($14,000.000), pro-rated at $1,167 per month. The rent shall be paid annually in advance, beginning on the Oommencement Date, AGENDA ITEM AUG 2 Ii lgg7 and thereafter not later than each anniversary date thereof. Rent shall bc paid to OWNER (or as OWNER may otherwise direct fi.om time.to-time in writing at least 30 days before the respective next rent payment date). Prior to and until the first day of the month following commencement of delivery of any of TENANT'S property onto the LEASED AREA, the Annual Rent shall be One Hundred Dollars ($100.00), twelve (12) months of which shall be prepaid in advance. Any unearned balance shall be credited against TENANT'S first payment of $14,000.00. In the unlikely event that TENANT has no! delivered any Property to the LEASED AREA prior to the first anniversary date of this lease, TENANT may either terminate this Agreement upon written notice to Owner, without further obligation or liability; or may allow this Agreement to remain in full force and effect provided if this Agreement remain in effect, the $I00.00 per month rent shah automatically increase to $14,000 per year, payable in full not later than the first anniversary date of this Lease. TENANT shall throughout this lease pay OWNER a late payment charge equal to five percent (5%) of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue interest of two percent (2%) per month or the highest interest rate then allowed by law. whichever is higher, which interest shall be paid by TENANT to OV,'~ER. B. CASH DEPOSITS BY TE~VANT. TENANT shall also at that time deposit with O'~,',~ER a refundable security deposit of two month's rent (initially S2,334.00). C. LEASE EXTENSIO~'~L~. This Lease may be extended by mutual agreement for a five (5) year extension period at the end of the Lnitial term of fifteen (15) years provided that, not more than three hundred and sixty (360) days prior to the last day of the fifteenth (I 5~") lease year and not less than one hundred and eighty days (180) prior to that date, TENANT advises OWNER in writing of TENANT'S intention to extend the Lease and commence negotiations. Failure to supply such written notice shall operate as a termination of this Lease effective on the last day of the fifteenth (15th) lease year. If the Lease, by mutual agreement, is extended beyond the fifteenth (15~) year, the existing base rent for the fi~eenth (15°') lease year shall be increased by at least twenty percent (20%) and the mutually agreed upon sum shall be the base rent for the sixteenth (16'") lease )'ear through the ~'entieth (20~h) lease year, unless agreed otherwise. Subject to OV,~NER'S timely receipt of such written notice of TENANT'S intention to extend and negotiate, OWNER and TENANT will negotiate in good faith to come mutual agreement regarding terms and conditions of the extended lease, which will be applicable as of the first day of the sixteenth (16~') lease year. Ifthe parties do not mutually agree to extend the lease on or before the last day of the fifteenth (15~) lease year, the lease shall terminate on the last day of the fifteenth lease year. D. RENT INCREASES AT END OF FIFTH LEASE YEAR AND AT END OF TENTtt LEASE YEAR. Effective on the first day of the sixth lease year, the annual rent shall be increased as follows: The existing base rent for the fifth lease year shall be increased twenty percent (20%). The resulting figure shall be the base rent for the sixth lease year through the tenth lease year. Likewise, effective on the first day of the eleventh (11'") lease year, the annual base rent for the tenth year shall be increased by twenty percent (20%). ~The resulting figure 4 ? lO 12 ~9 21 23 2~ 29 30 3: 35 ~7 39 42 45 46 ,° shall be the base rent for the eleventh (I I'~) through the end of the fifieenth (15'~) lease year. 4. Use Of The Leased Area. A. TENANT shall use the LEASED AREA to construct, remove, replace, maintain, secure and operate its communications facilities, consisting of one (1) monopole communications tower that shall not exceed a height of one hundred fifty (150) feet above ground level, exclusive of any antennas that may be installed thereon, plus antenna support structures and'or related facilities to be constructed on the ground within the LEASED AREA, to license part thereof to third parties, and for any other lawful uses directly related thereto. No antenna installed on the tower shall exceed a height of one hundred sixty (160) feet above ground. Subject to other provisions regarding approvals and technical specifications related thereto, any and all antenna arrays (including those of third parties) may from time-to-time be modified, added to, or substituted. Each structure may be configured as requested by TENANT from time-to-time, provided TENANT, at its sole expense, obtains all permits and approvals required by all applicable jur/sdictions, including OWNER, for each configuration. B. PLANS REVIEtVBY OIVNER. OWNER shall have the right to review and approve plans for any and 211 improvements installed within the LEASED AREA, which approval shall no: be unreasonably witbaheld or unreasonably delayed. Prior to commencing any construction, TENANT (and each third party licensee) shall submit a copy of plans and specifications for all improvements to OWNER for review and approval. No improvement, construction, installation or alteration shall be commenced until plans for such have been approved by OWNER and permits have been issued to authorize such construction. Such plans shall include, if applicable to ~he improvement, fully dimensional site plans that are drawn to scale and show: (i) the proposed location of the antennas and equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height of fencing; (iv) the proposed color of all structures, including fencing; and, (v) the proposed type of construction for all structures, including fencing, and any other details that OX. VNER may request. All improvements shall be constructed tn a work,-manlike manner and shall be completed in compliance with all applicable laws, rules, ordinances and regulations. Improvements to or within the LEASED AREA (and within the easement access area) shall be at no expense to OWNER. TENANT and all Licensees shall maintain all of their improvements in a reasonable condition throughout the life of this Lease to the reasonable satisfaction of OWNER. TENANT shall allow OWNER free access to its own personal property within the LEASED AREA at all reasonable times ti'mt OWNER desires such access. In the event that OWNER may be required by law to install other personal property within the LEASED AREA, OWNER reserves the right to do so free of charge provided such property does not materially harm the use of the tower by TENANT or by any third party licensee. OWNER has no knowledge of any potential requirement to install any such property within the LEASED AREA. As the LEASED AREA is in a park, landscaping and security fencing are of particular concern to OWNER; therefore, TENANT shall be required to install, repair, and maintain landscaping and security fencing, to the reasonable satisfaction of OWNER. AUG 2 ! 2 J 4 6 9 I0 2O 2~ 22 2~ 26 27 29 3O ~6 46 ~0 C. THREE COMMUNICATIONS SYSTEMS. The tower and all other facilities shall be designed and constructed so as to accommodate at least three (3) separate communications systems. TENANT shall have the exclusive right to use the portion of the tower above 110 feet above ground level ("AGL') TENANT hereby grants to OWNER the option Coy license) to utilize, free fi.om the payment of any rent, that portion of the tower between 90 feet AGL and 110 feet AGL. OWNER may advise TENANT at any time(s) of OWNER'S desire to use such area, but OWNER shall not be required to make its decision(s) regarding its use of that area except in response to a bona fide offer from a Third Party to TENANT to license that space. OWNER may take up to sixty (60) days from the receipt of notification by ~enant that an offer from a Third Party has been received, which notice shall d*'scfibe the offer in detail, to make its decision. If OWNER decides that it does not desire to use space for its own needs or for the use and benefit of any other Users, OWNER will not exercise its option to use that space and that decision shall release that space to TENANT for licensing to that Third Party. These valuable assets are to be used and shall not be reserved for remotely possible future uses. TENANT shall license the remaining area on the tower, (and such ground space as is then required) to a Third Party on such lawful and reasonable terms and conditions as chosen by TENANT. If the space that is subject to Owner's option is licensed to a Third Party and that license comes to an end, that circumstance shall automatically reinstate OWNER's option to elect to use that space, which option OWNER may the exercise or may wait until there is another offer from a Third Party to use that space. If OW'NER decides to use that space, OWNER shall be required to meet the terms of the offer from the Third Party, except the total amount of rent and/or other payments that OWNER must pay to TENANT shall never exceed the rent then payable to OWNER by TENANT. In the event OWNER desires to install equipment on the Tower, O~'ER, at OV~NER's expense, shall submit to TENANT the following: (a) detailed site plans as well as plans and specifications setting forth the proposed antenna and other equipment and construction, installation, and other work to be performed on the Tower and LEASED AREA; and Co) a list of all frequencies currently or anticipated to be licensed or assigned to OWNER by the FCC. If required by TENANT, O'~,~ER shall also submit a structural analysis of the Tower addressing the installation of additional antenna and other equipment on the Tower and demonstrating that the installation of such items will not exceed the load capacity of the Tower. O~,~,,'NqER shall not install any equipment or commence any work on the Tower or the LEASED AREA until TENANT approves, in writing, the OWNER's plans and specifications, frequencies, and structural analysis, if any; such approval to be given in TENANT'S reasonable discretion. D. THIRD PARTY LICENSEES. Each license (which includes each User) shall always be subject to all terms and conditions of this Lease, and each license shall be subject to review and approval of TENAN'tl'. OWNER has the fight, but not any duty, to review each proposed license. Use of the tower and site by OWNER and each third parry shall be subject to wrinen approval by TENANT upon such reasonable terms and conditions as may be required by TENANT. TENANT makes no representations to OWN'ER or to any third parry that the LEASED AREA, the tower or/or any other thing will be suitable for OWNER's needs or the needs of any third party, and TENANT has no obligation to modify any facility to suit OWNrER's needs or the needs of an~ third party. Each I 6 ? t 1! 14 16 J? IS Licensee shall be solely responsible for thc cost of locating and placing its propo'ty onto the tower and into any ancillary su-uct3,u'cs on site. Each Licensee shall also be responsible for any liabilities that may gri~e ~'om that Liccn, sce's usc of any pa.~ of the LEASED AREA, including the tower. TENANT sh~l promptly notify OWNER in w~iting o£all license requests which TENANT receives for use of thc Tower or any other part of the LEASED AREA. i. The third par'~y, at the th.ird par'ty's expense, shall submit to TENANT the following: (a) detailed site plans as well as plans and specifications se~ing forth the proposed antenn~ and other equipment, the height and location of such antennas and other equipment, and the cons~'ucfion, installation and other work to be performed on the Tower and LEASED AREA; and ('b) a list of all frequencies currently or anticipated to be licensed or ~ssigned to the third pa.rty by the FCC. If requested by TENANT, the licensee shall supply to TENANT a structural analysis of the Tower addressing the installation of additional antennas and other equipment on the Tower by the third parry and demonso'ating that the installation of such antennas and equipment will not exceed the load capacity of the Tower. The third p~rty shah not install any equipment or commence any work on the Tower or the LEASED AREA until TENANT approves, in writing, the third pa~'y's site plans, plans and specifications, fi'equencies, i~nd sl~-uctural analysis (if any), such approval to be given in TENANT'S reasonabl,; discretion. ii. The third party's use of the Tower shall be limited to the antermas and omer equipment and frequencies approved and expressly a~'eed upon in advance by TENANT pursuant to para.apb 4. D. i above. iii. The third party's installation, use and occupancy of the Tower and LEASED AREA shall be in continued compliance with all then applicable laws, regulations and requirements of all federal, state, and local authorities, including the FCC. ?9 30 31 32 iv. THIRD PARTY ASSUMPTION OF RISKS AND 3~ INSURANCE REQUIREMENTS. The third parry shall assume all risks in .~a co."mection with the installation, operation, maintenance, repair, replacement and .~.~ remora} of the third party's antennas and all oth~ property located on the 3~ LEASED AREA and the Tower. The third par~y shall maintain commercial 3: general liability insure.nee insuring against liability for personal injury, death or .~s damage to personal property arising out of use of the Tower by the third party. 3~ Such insurance shall provide coverage (in an amount of not less than one million a0 dollars ($1,000,000.00) for bodily injury or death to any one (1) or more persons ,n and in an amount not less than one million dollars ($1,000,000.00) for property 42 damage and shall include a contractual liability endorsement naming TENANT as a~ an additional insured on such policies. All insurance policies shall be v, Titten with ,~ insurance companies qualified Io do business in State of Flor{da a.nd shall provide ,s for thirty (30) days written notice to TENANT prior to cancellation. Certificates a6 of such policies shall be delivered to TENANT prior to the installation of the third ~: party's equipment. Further, the third pa~'y shall reimburse TENANT for any as damage to the Tower or TENANT'S equipment, and shall be required to a~ indemnify and hold TENANT harmless from any and all liability, claims, demands, actions, losses, damages, orders, judgments and any and all costs and expe.nses including, without limitation, reasonable attorneys fees and costs, arising ,A, GENpA ~ , ,...¥ AU6 2 6 6 ? ! I0 ~t t2 16 2O 2! 2~ 2~ ~6 33 36 37 3~ ~0 ~2 ~6 4E from or incurred in connection with clairr~ for injury to persons or property caused by the act or omission of such third party or it~ respective agents, contractors or employees including, without limitation, the use of the Tower, LEASED AREA or third party's equipment or the breach of any contractual obligation to OWNER or TENANT. v. The third party's license to use the Tower may be assignable. vi. TENANT shall have the right to have a representative present during the installation of the third party's antennas and other equipment. vii The third party's installation of the third party's antennas and other equipment on the Tower and the LEASED AREA shall be performed on dates and at times and within time frames approved by TENANT in waiting and shall not interrupt or interfere with the operation of TENANT'S communications system or TENANT'S equipment unless TENANT agrees to such interruption or interference in writing. E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY. i. TENANT shall maintain, repair and replace the Tower, all of its equipment and all other of its personal property to the highesl quality construction, repair and maintenance standards during the entire life of this Lease. ii. OW'NER shall maintain, repair and replace OWNER's equipment. In order to protect the integrity of the Tower, OWNER agrees that any maintenance, repair and/or replacement performed on the OWNER's Property shall be done in a workmanlike manner consistent with TENANT'S high quality construction standards. iii. EACH THIRD PARTY shall be required herein and by its respective license agreement to do likewise for all of its Third Parl'y PropenT. In order to protect the integrity of the Tower, each third parry must in its license agreement agree that any maintenance, repair and/or replacement performed by it or on its behalf of its Personal Property shall be done in a workmanlike mar:ncr consistent with TENANT'S high quality construction standards. iv. NON-INTERRUPTION AND NON-INTERFERENCE. Any maintenance, repair or replacement work performed on OWNER's Property shall not interrupt or interfere with the operation of TENANT'S communications system or TENANT'S Equipment tmless TENANT specifically agrees in writing to such interruption or intu/'TI'erence. v. PLAN REVIEW BY TENANZ Prior to the commencement of any maintenance, repair or replacement work on OWNER's Property, OWNER shall submit to TENANT for approval plans and specifications of the maintenance, repair and replacement work to be performed. TENANT Shall have the option to comment upon such plans, specifications and AG~_DA AUG 2 4 28 33 36 39 40 41 42 43 46 49 ,° contractor prior to thc corru'ncnccment of any maintenance, repair or replacement work, all at thc Property Owners' expense. vi. NOTICE TO TENANT. OWNER shall provide TENANT with at least forty-eight (4g) hours notice prior to any maintenance, repair or replacement work that will require access to the Tower structure or LEASED AREA, unless an emergency exists in which case notice shall be provided to TENANT not later th~n twenty-four (24) hours after access to thc Tower structure or LEASE AREA has occurred. TENANT shall have the right to have a representative present during any non-emergency maintenance, repair or replacement by OWNER (or Third Party Licensee) thal will require access to the Tower or to thc LEASED AREA, but not the tower. F. INTERY:'ERENCE. TENANT a~rees to install communications equipment of a type and frequency which will not cause interference with OWNER's equipment at the LEASED AREA. In the event TENANT'S equipment causes interference with OWNER's equipment at the LEASED AREA, TENANT will take all steps necessary to correct and eliminate such interference at TENANT'S sole cost and expense. OW'NER agrees not to allow any f~mre use of OWNER's equipmen: or addition and/or modification to any current use of the Tower or OWNER's property that may cause interference with or the improper operation of the Tower, TENANT'S equipment, or TENANT'S communications signal or system. In the event that any addition or modification to the OWNER's equipment causes interference with TENANT'S equipment or communications signal and/or system, OWNER, upon notification of such interference, agrees to promptly remedy such interference at OWNER's expense until such interferenc: is corrected to TENANT'S sole and reasonable satisfaction. In the event OWNER and TENANT cannot resolve such interference problems, OWNER and TENANT agree to resolve any interference disputes by arbitration which shall be performed in accordance with the Rules of the American Arbitration Association. The arbitration decision/award shall be binding upon O¥,q',/ER and upon TENANT and may be entered in any cour~ having jurisdiction thereof. OWNER and TENANT agree tha: the costs associated with any arbi=ation shall be borne by TENANT if TENANT is the cause of the interference or by OWNER if OWNER is the cause of the interference. G. B4R. E LICENSE TO PAtLK I/I:.'HICLES. If there is insu~cient space to park same within the LEASED AREA, Owner hereby grants to TENANT and each future third party licensee, subject to availability of space for same, a bare license with no interest coupled thereto to park their respective motor vehicles on OWNER's Properw for shor~ periods of rime while the veNcle owner/entity is constructing, removing, replacing and/or servicing its a~ntenna(s) and/or its communications facilities within the LEASED AREA. H. OI:F'NERSHIP OF TOP/ER AND OTHER PROPERTY. (I) During The Life Of This Lease: The Tower shall remain the property of TENANT during the life of this Lease. Any other property brought onto the LEASED AREA by or on behalf of TENANT shall remain the property of TEN.ANT during the life of this Lease and after terminatim of' this lease. All U6 2 6 Lq9? I 3 S 6 7 9 II 12 14 16 17 19 20 2.t 26 27 2~ 29 30 32 36 39 -to .il 42 -t3 46 4'7 49 $0 property brought upon the LEASED AREA by OWNER shall remain the property of OWNER. Ail property brought upon the LEASED AREA by any th/rd party shall remain the property ot' *,hat third party during the life or this Lease Md after expiration or termination orthis Lease except as may be ~ecified otherwise in the respective controlling license agreement for the subject property of that third party licensee. (2) At Expiration or Termination of Leas,,: Upon expiration or termination of this Agreement, TENANT shall, at no cost to OWNER, remove the tower and all of its other property from the LEASED AREA unless OWNER directs otherw/se to TENANT. If the termination or expiration of this Lease occurs before an extension into the sixteenth lease year (See Section 3 (C)), and if OWNER elects to acquire ownership of the tower, Owner must pay to TENANT the then depreciated book value of the Tower. If this lease expires or is terminated after the Lease is extended into the eleventh lease year per Section 3 (C), OWNER may direct to TENANT that TENANT shah not remove the tower from the LEASED AREA, whereby Tower shall thereby automatically, at no cost to O%qhrER, become the sole property of OWNER, and TENANT, upon removal of all of its other property from the LEASED AREA, shall then have no further duty or responsibilities with regard to the tower. (3) Th/~~: Each license from TENANT to each third parry shall specifically require that at the end of this I.ease each third party shall immediately remove all of/ts property from thc LEASED AREA. All property removed by TENANT or third pan'y shall be removed by or on behalf of its then owner without delay and at no cost :o OWNER. Removal of all property by or on behalf of TENAN'I: and each third parry licensee shall be done in a workmanlike manner and the LEASED AREA shall be restored by TENANT to its or/ginal condition, normal b'ear and tear excepted. OWNER may, however, then grant to a respective third parry a license to remain on the Tower and/or the LEASED AR.EA, in which event the property of the third party licensee may remain in accord with such license. (a) i]~J.lLo, f_S.a~: In the event that OWNER desires to acquire ownership of the tower, for record keeping purposes and County property inventory purposes, TENANT will, at no cost to OWNER, convey to OWNER a Bi control for il of Sale the Tower. Absent a con.oiling law to the contra-y, failure to convey the Bill of Sale shall not, however, affect the total automatic ~ansfer of title to the Tower to OV~R. 5. Early Termination Of This Lease By TENANT, If any of the following events (.paragraphs A through E) occur, TENANT has the fight to immediately terminate this Lease · '~ by gzvmg written notice to OWNER of such termination before three hundred and sixty-five (365) days of the Commencement Date. A. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Govermnental Approvals for TENANT'S intended uses of and improvements to the LEASED AREA as desired by TENANT; or AGENDA I~ AUG 26 L~7 pg. 4 S '7 ~4 ~S ~0 2! 29 3O .31 .38 40 41 42 44 49 B. TENANT'S application for any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or TENANT's Property and improvcment~ desired by TENANT is denied; or C. Any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or improvements to the LEASED AREA, whether now or hereafter desired by TENANT, have been canceled, have expired, have lapsed or have otherwi~ been withdrawn, terminated or denied so that TENANT, in its reasonable judgment, determines that it will no longer be able to use the LEASED AREA for TENANT'S intended uses; or D. The Federal Communications Commission ("FCC"') ~locatcs thc frequencies at which TENA~ may operate the subject antennas and related equipment and may bom time to time change such frequencies. Any change of this nature that, in TENANT'S reasonable judgment, renders its operation of a wireless communications facility at thc LEASED AREA obsolete; or E. If TENANT determines that the LEASED AREA has become unsuitable for TENANT'S operations due to changes in system design or network design or in thc types of equipment used in such op~ations, or TENANT'S operations at the Property become unprofitable. F. Any timely termination notice delivered to OW'NER by TENANT shall cause this Lease To expire ~th the same force and effect as though the date set forth in such notice were the date originally set as thc expiration date of this Lease and the panics shall make an appropriate adjustment, as ofroch termination date, with respect to paymems due to the OWNER under this Lease. G. OW'NER shall have at its sole discretion the option of terminating this LEASE if TENANT conclusively and finally loses its license from the FCC to provide TENANT/celIuI~ services for any reason, including, and not limited to, non-renewal, cancellation, or expiration of the license. If the loss of the license is not duc to any fault of TENANT, and OWNER desires to own the tower and/or other facilities, OWNER shall pay to TENANT the then depreciated book value of the tower (and any other facilities that may be conveyed by agreement between TENANT and to OWNER). If the loss of that license is due to the fault of TENANT~ including non-feasance, such loss of the license shall, at OWNER's election, forfeit the tower to OWNER. OWNER may terminate this' Lease if TENANT does not in good faith make and continue to pursue all reasonable efforts to obtain all required permits and construct the planned tower and all necessary related facilities. 6. Assignment And Subletting. ! A. Except to a "Parmer Company," "Affiliate," "Subsidiazy" or a Subsidiary or Affiliate of a Panner Company of TENANT (as defined below), TENANT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise. TENANT shall not mortgage or pledge this Lease or any of TENANT's property, or any part thereof, nor sublet any part of the tower or other of TENANT'S Property without the prior written consent of OWNER, which consent shall not be un.reasonably wit~ld or ura'easonably AGENDA ITEM AU$ 2 6 1997 9 ~0 ~2 ~4 ~9 ~0 ,24 2~ 26 2'7 ~2 ~9 40 4! 4~ 46 ,4? 45 40 delayed. Any assignment or other transfer not authorized by OWNER shall be void ab initio. B. NYNEX, Bell Atlmtic, AirTouch Communications, and U. S. West are each currently a P~mer Compmy of TENANT. As used in this Le~se, an Affiliate of any entity is my corporation fifty-one percent (51%) or more of the stock of which is owned, directly or indirectly, by such entity. A Subsidi~'y of m entity is any corporation eighty percent (80%) or more of which is owned by such entity. C. No consent by OWNER to any assignment, lease, sublease or any other transfer by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment, sublease or other transfer. The consent by OWNER to any assignment, sublease, or other transfer, shall not relieve TENANT from the obligation to obtain OWNER's express wrinen consent to any other or subsequent assignment(s), sublease(s) or other transfer(s). It is contemplated by OWNER and TENANT that TENANT will license space on the tower for installation of antennas by third parties, and ,.hat TENANT may license space on the ground to third parties for location of their equipment related to their antennas installed on the tower. D. Any sale or other transfer, including by consolidation, merger or reorganization, by sale or transfer of a majority of the then outstanding voting stock of TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority interest (whether of profits, losses, capital, or voting power) or of a majority of the persons that then comprise the managers of the partnership (if TENANT is than a parm~ship), ':.hall not be an assignment for purposes of this Section 6. 7. Utilities. TENANT shall be responsible directly to all serving entities for all utility services used at thc LEASED AREA. OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or by any other servicing utility. 8. Indemnification, Insurance, Assumption Of Risk. A. Subject to Paragraph 8.E., TENANT hereby agrees to inderrmify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of: (i) the acts or omissions ofTEN.tNT, its agents and employees in, on or about ! . the LEASED AREA and/or the easement access area, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER. its employees or agents; and/or (ii) TENANT'S breach of any term or condition of this Lease on TENANT'S part to be observed or performed. B. To thc extent then allowed by law, and subje(~t to Paragraph 8.E., OWNER hereby agrees to indemnify and hold TENANT harmless from md again, st any and all claims of liability for personal injury or property damage to the 10 AGENDA ITi[M ~ 2 6 mz 4 6 ,? 9 I0 II 16 $? ~S 2O 2~ 2"/ ;29 ~4 4~ ,46 extent that they result from or arise directly out of: (i) the acts or omissions of OWNER, its agents and employees in, on or about the LEASED AREA and/or access easement area, excepting, however, such claims or damages as may be due to or causect solely by the acts of TENANT, its employees or agents; and/or (ii) OWNER's breach of any term or condition of this Lease on OWNER's pan to be observed or performed. C. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the State of Florida proving that TENANT then c~'ries comprehensive general liability insurance with limits of liability thereunder of not less that One Million Dollars (Sl ,000,000.00) combined single limit for bodily injury and/or property damage together with an endorsement for conwactual liability. Such insurance shall name OWNER as an additional insured with respect to the LEASED AREA and with respect to TENANT'S Property. TENANT will provide OWNER with a renewal certificate within ten (I0) business days of OWNER's request for such certificate. Any insurance required to be provided by TENANT under ~is paragraph 8 may be provided by blanket insurance policy cov.,:ring the LEASED AREA and TENANT'S ProperTy tI~ other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of ti,is Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Section f~ through a program o£ self-insurance. If TE~^NT elects to sclf-insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance program then in effect provides for coverage equal to or greater than that required of TENANT herein by private insurance. OWNER cannot be certain that the specific insurance requirements specified in this Lease will be adequate with the passage of time; therefore, OWNER reserves the right to reasonably amend the insurance requirements by issuance of Notice in writing to TENANT, whereupon receipt of that Notice TENANT shall have sixty (60) days in which to obtain the required additional insurance, unless, for good cause, OV~ER requires that such insurance be acquired in less than sixty (60) days. D. OWNER shall provide TENANT with a certificate of insurance, issued bi,' an insurance company licensed to do business in Florida indicating that OWNER carries comprehensive general liability insurance with limits of liability thereunder of not less than One Million Dollars (SI,000,000.00) combined single limit for bodily injury and/or property damage, together with an endorsement for contractual liabilits'. OWNER will provide TENANT with a renewal certificate within ten (10) business days of TENANT'S request for such certificate. E. Each such policy described in either paragraph (C) or (D), above, shall be wrinen so as to provide that the insurance company waives all rights of recovery by way of subrogation it may have against OWNER or TENANT in connection with any loss and/or damage covered by such p~licy. The OWNER and TENANT agree and hereby release each other with respect to any claim (including a claim for negligence) which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the LEASED AREA and/or TENANT's property occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Not~.ithstanding anything contained in this Lease to the contrary, the provisions of this Paragraph 8.E. shall control. ~ ts ,GENDA A AUG 2 6 'Et97 po. /.3 ! 9 12 13 ~6 19 20 22 23 24 25 26 2'7 28 29 ~0 36 39 41 42 4? ,49 ~0 F. ASSUMPTION OF RISK BY TENANT. TENANT accepts the LEASED AREA "as is." TENANT, for its officers, agents, affiliates, contractors, materialman, suppliers, laborers, and employees (collectively "TENANT' for the purposes of this Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the LEASED AREA and on the access easement area, and hereby agrees to indemnify and hold harmless OWNER and all Users against and from any claim asserted or liability imposed upon OWNER or any User for personal injury or property damage to any person (other than from OWNER's gross negligence) arising out of the TENANT'S installation, operation, maintenance, condition or use of the LEASED AREA and/or the access easement area, or TENANT'S failure to comply with any federal, state or local law, ordinance, rule or regulation. 9. TENANT Defaults. A. Thc occurrence of any one or more of the following events shall constitute an "Event of Default" of this Lease by TENANT: (1) The failure by TENANT to make any payment of rent as and when duc. Each rent payment shall be mailed to OWN'ER via certified mail, return race,p: requested, or by any other method where TENANT is notified in writing by the carrier that delivery of the rent to the OWNER has actually occurred. OWNER shall have no duty or responsibility to notify TENANT of any late payment or of the fact that the payment was less us'an the full mount then due to OWNER except as prerequisite to declaring TENANT to be in default of this Lease. (2) The failure by TENANT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by TENANT, other than as specified in Paragraph 9.A. (1), where such failure shall continue for a period of thirty (30) days after wrinen notice thereof is received by TENANT from OWNER; provided, however, that it shall not be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to full completion. (3) If TENANT abandons or vacates the Property or if the Trustee does not assume the lease pursuant to the applicable Laws. (4) To thc extent allowed by law, if TENANT is adjudicated a bankrupt or makes any assignment for the benefit of creditors. If TENANT becomes insolvent or OWNER reasonably believes itself to be insecure, the TENANT or Trustee must provide LESSOR with adequate assurances of future performance before this lease can be assigned in bankruptcy~of for thc benefit of creditors. Any such assignment shall require the assignee to provide LESSOR with a security deposit of one year's rent at the then existing rental rate. The assignee must be able to immediately operate TENANT'S facilities at the tower site and not unduly inconvenience any then existing operation at the tower or tower site. TENANT shall not remove any of its personal property from the tower or the tower site if such removal would result in any shut down of any of the other operations on the tower or the tower site. 12 AGE/aDA .Y Et,) AU6 2 $ 6 '7 ~0 12 17 2O 2~ 24 25 4O 45 4.6 4~ B. If there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at law or in equity, OWNER may elect to terminate this Lease and all rights of TENANT hereunder. C. If there occurs an Event of Default by TENANT, OWNER shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to enter upon any of TENANT's Property and/or remove persons or property from TENANT's Property, except as needed to accomplish emergency repairs. D. In the event of a material default of this Lease by TENANT, OWNER shall have the right, at its option, in addition to and not exclusive of any other remedy OWNER may have by this Lease or by operation of law, without any further demand or notice, to either (a) declare this Lease at an end. If ordered by OWNEIL TENANI shall immediately remove the tower and itl property as specified by OWNER., and TENANT shall ',hen pay to OWNER. a sum of money equal to the total of(i) the amount of unpaid rent, if any, then accrued through the date of termination; (ii) the amount by which the unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to compensate OWNER. for all de:riment proximately caused by TENANT'S failure to perform iB obligations under the Lease; or Co) without terminating this Lease, OWNER may relet the tow~', for the account of TENANT upon such terms and conditions as OWNER may deem advisable, and any moneys received fi.om such reletring shall be applied first to the expenses of such relerting and collection, including reasonable attorneys' fees, real estate commissions p~id, if any, ~nd thereafter be applied toward payment of all sums due or to become due to OWNER. hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, TENANT shall pay OWNER, monthly, any deficiency, notwithstanding that O~,n'qER will have received rental paymenii in excess of the rental to OWNER stipulated in this Lease in previous or subsequent month~, and OWNER may eiect to bring an action therefor as such monthly deficiency shall arise. E. No re-entry and taking of possession of TENANT's Proper'fy by O?,,~ER shall be construed as an election on OW'HER's pan to terminate this Lease, regardless of the extent of renovations and alterations by OWNER, unless a written notice of such specific ir/,emion is given to TENANT by OWNER. Notw'ithstanding any reletting without termination, OWNER may at any time thereafter elect to terminate this Lease for any such previous breach. 10. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certifiedI mail, rranm receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or by overnight courier service. Should OWNER or TENANT have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER. otherwise specifies in writing, rent checks from TENANT shall be sent to the person listed below to whom notices are sent. AG£UDA AUG 2 $13:37 2 I0 14 1'7 19 2O 22 2~ 26 2~ 2~ ~0 32 :)4 3G 42 46 ~0 TENA~NT: PRIMECO PERSONAL COMMUNICATIONS, L.P. 777 Yamato Road, Suite 600 Boca Raton, Florida 33431 Atm.: Property Manager Telephone Number: (561) 995-5500 With a copy to: PrimeCo Personal Communications Ad&ess: 8875 Hidden river Pazkway, ~uite 350, Tampa, FL 33637 Anention: Anenfion: Edward Wholl, Esq. Teleph6ne Number: (813) 615-4840 OWNER: Atxcntion: Address: Telephone: Collier County, a political subdivision of the State of Florida Franchise Administration Coordinator 3301 E. Tamiami Trail, Adm. Building, 1" Floor Naples, FL 34112 (941) 774-8577 With a concurrent copy each to: (1) Office of the Collier County Attorney and (2) Collier County's Real Property Management Department. (Both at the above address). 11. Sale Or Transfer Of The Leased Area By Owner. The LEASED AREA is within a wastewater treatment plant site. OWNER has no plans to sell or otherwise convey away any pan of or any interest in any p~a't of the LEASED AR.EA to TENANT or any other per, on or entity. Should OWNER, at any time during the life of this Lease, sell, lease, transfer or otherwise convey all or any pan of the LEASED AREA, to any transferee other than TENANT, then such transfer shall be under and, during the entire term of this Lease, shall be subject to this Lease and all of TENANT'S rights hereunder. 12. Hazardous Substances. A. OWNER has no knowledge that neither OWNER nor any other person or entity has used, generated, stored or disposed of, or permitled the use, generation, storage or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within any pan of OWNER's Property in violation of any law or regulation. OWNER and TENANT each agree that they will not use, generate, store or dispose of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within OWNER's Property in violation of any applicable law or regulation. ~ B. OWNER and TENANT each agree to defend and indenmify the other and the other's panners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as hazazdous, toxic ~ dangerous in any AUG 2~ L,~?0 2 6 '7 10 22 I$ 1'7 19 22 23 2.' ~2 ~2 4~ applicable federal, state or local law or regulation (including petroleum and asbestos). 13. Condemnation. A. Whole Condemnation. Because OWNER is a governmental entity and few condemnors have authority to condemn the LEASED AREA, it is unlikely that the LEASED AREA will ever be condemned. If the LEASED AREA, including without lirmtafion any of TENANT's Property, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then ti'tis Lease shall automatically terminate as of the date of the taking, condemnation, or sale. B. Partial Condemnation. If any portion of the LEASED AREA shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a convening authority under threat of such condemnation to pre' ent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property ~at is suitable for TENANT'S purposes, provided such suitable space is available. The exact site to which TENANT may relocate will be determined by OWNER, and it may be any portion of OWNER's Propen)' (or other property owned or controlled by OWNER), provided TENANT approves the new site as being suitable for TENANT'S intended uses. OW'NER will designate a site to which TENAN'I may relocate prior to the taking, condemnation or sale. In the event no al',ernafive portion of the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall forthwith automatically terminate as of the date of the taking, condemnation or sale. C. Condemnation Award. OWNER shall receive the entire condemnation award for the land and all other improvements as were paid for by OV.~ER. TENANT hereby expressly assigns to OWNER any and all right, title and interests of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from the condemnor, but not from OWNER, any compensation as may be awarded to TENANT on account of the taking of its leasehold interest, moving and relocation expenses, and depreciation to and removal of personal property and fixtures of TENANT from the LEASED A_R~A. 14. Liens. TENANT shall keep TENANT's Prop,my free from any liens arising out of any work l:~'rformed, materials furnished, or obligations inm, m~ by or on lxhalf of TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record ~ith~r ~ payment thereof or by posting of a proper bond in accordance with Section 713.24, Florida Statutes. No work which OWNER lx'rforms or has I~rformed within the LEASED AREA shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of OWNER's consent to any such work. OWNER may, at its election,, post notices in the LEASED AREA advising that OWNER it is not responsible for payment for any such work. , 17 AGEt~.DA IT~ I "-. I AU0 2 $ J ! 2 6 9 10 I! 16 ~9 20 24 29 32 39 15. Fire And Other Casualty Damage To Facilities. If the tower and/or related facilities is/are totally or substantially destroyed by an act or occurrence beyond the con~'ol of TENANT, TENANT may terminate this Lease effective on the date of such occurrence, or TENANT may elect to rebuild the tower or construct a similar tower. If TENANT elects to terminate this Lease under this provision, any unearned rent for the remainder of that lease year shall be refunded by OWNER to TENANT provided TENANT has not otherwise breached this Lease to the monetary deu'iment of OWNER or to any User. If TENANT elects to rebuild the tower (or construct a new tower) the annual rental shall be reduced to $100.00 per month for only the ninety (90) days following the damage date occurrence, at which time the prior existing annual rent shall automatically recommence. 16. Taxes. A. This is a net-net Lease as to OWNER. TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNEP, if billed to OWNER, upon thirty (30) days prior written notice from OV.,'NER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by TENANT in or about the LEASED AREA. B. OWNER's Property is not now subject to any real property taxes. Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any, that may be levied against the LEASED AREA and/or against OW'NER's Property as a result of this Lease and/or any improvements constructed on the LEASED AREA by TENANT and/or any licensees other than OWNEP,.. TENANT shall not be responsible for any increases in real property taxes which are a result of tax assessment of OV,~IER's Property due to improvements made by Owner or any third parties acting under Owner. C. If hereafter laws of taxation are altered so that if any new tax, any payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or special assessments are imposed on any of the tangible and/or intangible property, such obligations shall be assumed and be paid by TENANT except any such payments directly attributable to communications equipment installed on the site by OV,,~ER or through OWNER. This assumption shall not preclude TENANT from contesting any and all such obligations. 17. Quiet Enjoyment And Non.Interference. 40 41 42 43 A. OWNER warrants and agrees that TENANT, upon paying the rent ~ and performing all covenants herein provided, shall peaccal~ly and quietly have 4s and enjoy the LEASED AREA. Owner warrants to TENANT that insbxllation of 46 the planned communications tower and/or its related facilities are allowed and/or 47 permitted uses of the leased area. It is the opinion of the County Attorney and of 4s aaomeys for TENANT that the planned uses of thc LEASED AREA, as expressed 49 in this Lease, are allowed and permitted uses of the LEASED AREA and are not in ~0 violation of any Ordinance that applies to the LEASED AREA. OWNER warrants si and a. grees that OWNER is seized of good and sufficient title :to and interest in the 16 H. ALL OTHER /NTERESTS SUBORD/NAT£. This Lease and all of TENANT's property at thc LEASED AREA shall during its life always be superior to any mortgage and any other pledge by OWNER and by TENANT. OWNER and TENANT shall at no cost or expense to thc other, execute whatever subordination agreements on'or other insu'uments as may be required by thc other to evidence each subordination. TENANT Mrcby promises that as of the date of execution of this Lease there is no deed of lrust, mortgage, or other any other encumbrance s.ffecting this Lease or any of TENANT'S property that may be placed within the LEASED AREA. OWNER promises that there exists no mortgage, deed of ~ust, or ohher encumbrance or pledge by OW'HER that is superior to TENANT'S Leasehold interests in fids LEASE, and that O"~R shall not knowingly enter into or suffer any such encumbrance to become superior to any of TENANT'S interests under this Lease. The only possible exception to this promise by OV, qqER could be an encumbrance that is not avoidable by OWNER as a matter of law. 1. A77'OR]','E¥$' FEES. If either parD' institutes any action or proceeding in courl to enforce any provision hereof, such as an action for damages for any alleged breach of any provision hereof, then the prevailing parr/in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the courl may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing parly, together with its other reasonable litigation expenses. J. FAILURE TO CURE CUR. ABLE BREACH. If either parry breaches this Lease in any manner and fails to commence to cure such breach within thirty (30) days after, receiving a writt~ notice from the other party, exactly specifying the violation (or if the breaching party fails thereafter Io diligently prosecute the cure to completion), then the non-breaching pa,ny may enforce each of its rights and remedies under this Lease or provided by law or it may (although it shall not be obligated to do so) cure that breach or perform the breaching party's obligations (on the breaching party's behalf and at the breaching party's expense) and require the breaching parD' to reimburse all reasonable expenses incurred in doing so, plus interest (from the date such exp~nses are incurred until reimbursement) at twelve percent (I 2%) per annum. K. $EVERABILITY. If any portion of this Lease is declared by a court ~s of competent jurisdicuon to be invalid or unenforceable, then such portion shall be ~9 deemed modified to the ext~nt necessary in such court's opinion to render such ,0 portion enforceable an& as so modified, such portion and the balance of this Lease ~ shall continue in full force and effect. L. IN, IUNCTION$ AND EQUITABLE RELIEF. In addition to all other remedies provided for in this Lease, OWNER and TENAN'[' shall be entitled to immediate restraint by injunction (or any other appropriate equitable rcn'nedy) of any violation of any of the covenants, conditions or provision of this Lease. M. CAPTIONS. The captions of the paragraphs used in this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. I ,'..,... I AU{} 2 6 E:--97 J THI~ I~STRUME,~T PR£PARrD IY: Aly~sl Ho~lik~m NAME.: PRIM£CO ~'£R.~)NAI. COMM. ADDRLSS: 7?? Y~m~l? Rd.~ ~t. (~1 IJl~ Raton. FL ~1~431 EXHIBIT "B' SHORT FORM LEASE THIS SHORT FORM LEASE, made and entered into as of this day of , 19. , by and betwecn B9ard of C0untv ¢ommissioner~ on behalf 9f Collier County ("OWNER") whos~ address ~301 F,.ast Tamiami Trail, Naples, FL 341]2 and PRIMECO PERSONAL COMMUNICATIONS, L.P., a I~laware limited partnership ("PCS") whose address is 777 yanmar9 Roach, ~;uite 600, Boca Raton. Fl. '" ]. OWNER, on the ten'ns and conditions set forth in an unrecorded document dated , 19 , and entitled 'Ground Lea.se Agreement", which terms and conditions are incorporated herein by reference, and in consideration'~-ihe rent and covenants therein provided, docs hereby lea:e to PCS, and PCS hereby rents and accepts from OWNER, certain real property ('Property located at._.~] 0500 Goodlenc Road , in the City of Naples , County of' Collier , State o[ Florida. within thc property of' OWNER which is described in Exhibit "Al" atcachtd hereto and incorporated hereby by this n:fcrcnce COWNER's Property"), together with a non-exclusive easement to access the Property and to install and maintain militic~, for an initial term of fifteen (15) years commencing on , which term may be extended by PCS for cee additional five ($) year periocl(s~1 subject to the conditions of Paragraph 3.C of the Ground Lease Agreement. 2. Pursuant to the Grcund Lea.se Agreement, among other th[ri&s, OWNER shall not cause or permit any use of the Oxk"NERO Property which interferes with or impairs the quality of the communications r,~,ices being rendered by PCS from the Propo~. 3. PCS acknowledges that the "Ground Lease Agreement" entered into by and between the pertJcs shall entitle PCS to kae~hold interests only and PCS shall have no possessory interest to OWNER's property or any portion thereof. IN WITNESS WHEREOF', OWNER and PCS have duly executed this Shor~ Form Lea~e as oft]se day and year first above wTil~en. OWNER: Board of'County Commissioners on behalf of Collier County By: Name: As its: Address: PCS: PrimcCo Personal Communications, L.P. a Delaware limited partnership Name: Robert Kcltten' · As Its: Technical ~ir~:clgr Address: 777 Yarnato Road. Suite f~O Signed in the presence of two witnesses: (~) (Ih'tnt name siln~d above) (Print name silned sbovt) ~_prer~ ~ to tot~ ~ ~ ~ ....... AGEUDA AU6 2 6 eDWNER: STATE OF: COUNTY OF: The foregoing instrument was acknowledged is personally known to me or has produced (AFFIX NOTARIAL SEAL) before me this , day of , 1996. , of as identif,:ation. (OFFICIAL NOTARY SIGNATURE) Notary Public - State of (Printed, Typed or Stamped Name of Notary) Commission Number:. PCS: STATE OF: FLORIDA COUNTY OF: PALM BEACH Keitgen, as T~chnical Director of PrfmeC. o Pemonal Communications, I_P. · Delawar~ limited p~. on behalf of the partnership. He is pecsona~y known to rne. ~ ~.~ ~ (AFFIX NOTARIAL SEAL) (O~FICIAL NOTARY SIGNATURE) Notary Public - State of (Printed, Typed or Stamped Name of Ncgary E,~h;b; ~, "^~-" oO $9'2B '29 ~L' 400.~ N ~' PARENT TRACT SKETCH '.,~i£ - I" = ~oo' DESCRIFTION OF PARENT TRACT J, PARCt.~ IX. Uu~O LOCATED IN S[C:TION 26 ~c 27. 4~ .~O~Jl,I. RAN~[ 2~) ~..J,,~T. CO[.t.I[R ~.OUN~f. F'LORIDA; KING R[CINNIf#, *,1 A COe~R[Tr MOfqII,.JM[NI' LOCAT[O AT J'l,~ 5Y05'w ~07 reit. T~( Sa~28'25'[. 67751 F[~ 10 r~T LJHI., ~0 S[CT~ 27. r~NC[ S.~27'0~[. ~ ~86.02' S. ~9'28 '2~'£. 677. Jt' EXECUTIVE SUMMARY Request by the Collier County Industrial Developm~t Authority ~o enter into a Master Financing Agreement with GE Capital Public Finance, Inc. on behalf of Naples Community Hospital, Inc. for the ~ of fmar~ng the purchase by the Hospital of certain medical and other equipment used by the Hospital in its health care operations. To accomplish the necessary approval to authorize a Master Financing Agreement between the Authority and GE Capital Public Finance, Inc. on behalf of Naples Community Hospital, Inc. to allow the purchase of medical and other health care related equipment by the Hospital at tax- exempt rates. CONSIDERATIONS: The Collier Cotm~ Industrial Development Authority has been requested by Naples Community Hospital, Inc. to finance the purchase by the Hospital of medical and other equipment through a tax-exempt financhng technique available to qualifyLag not-for-profit hospitals. Using this technique, an authority with the power to issue tax-exempt securities enters into a purchase agreement with a lender, with the not-for-pwfit hospital as the obligor on the loan. In the proposed transaction, the Master Financing Agreement is between the Authority, as h ;uer, the Hospital, as Obligor. and GE C..apital Public Finance, Inc., as Lender. The proceeds of the loan will be used by the Hospital to purcha.~ certain ~[aipment, including, but not limited to, diagnostic imaging equipment, computer hazdw~e and soflw~, ~xtrgica~, x-ray, nuclear medicine, ultrasound, cardiac and ancillary equ~pmenL Tnc Master Finaming Agreement provides that the Hospital is the Obligor on the loan. that the Obligor is solely responsible for all payments, and that no taxes or other revenues of either Collier Coumy or the Authorivy are pledged and that no liability. for default may be placed on either the Authority or the County. It further provides that the Hospital must indemnify the Authority or the County, its officers, employees, and agents for any erlxmes or damages in the event of a default, including payment of attorney's fees. These are the same provisions that are included in all financing resolutions of the County's financing authorities. Federal tax law requires tim, the Authority hold a hearing and that members of the public be afforded an ~ty to express their views on the proposal. The Authority initially considered the proposal at a meeting held July 17, 1997, and preliminarily approved the financing, subject to objections being received from members of the public. A hearing was held on August 19, 1997, pursuant to a notice in the Naples Daily News published on August 4. No members of the public appeared at the hearing to express objections to the proposal. The second requirement of Federal tax law is that the local governing body give its consent to the financing. This does not have to be a specially advertised hearing, but must be done at a regular meeting of the Board FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other county agency. GROWTH MANAGEMENT IMPACT: None ~,_ECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: Donald A P~¢kworth, Coun~l Collier Coumy Industrial D~velopment Authority AGENDA RESOLUTION 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE 'PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO E~ER INTO A MASTER FINANCING AGREEMENT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC. AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC. AS OBLIGOR; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Collier County Industrial Development Authority (the "Issuer") is a public corporation of the State of Florida, was duly created by Kesolution R-79-34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a puklic instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the 'County"), under and by virtue of Chapter 159, Florida Statutes (the 'Act"), to provide for the making of, and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissicners a form of Master Financing Agreement (the "Agreement"), attached hereto as Exhibit A, with respect to the making by it of a Loan to Naples Community Hospital, Inc. for the purchase of certain medical and other equipment to be used by the Hospital in its health care operations. C. A public hearing was held on August 19, 1997, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached hereto as Exhibit B, and at such hearing interested individuals were afforded the opportunity to AG£NDA iTEM ] No,., *, ~ express their views, both orally and in writing, on all matters pertaining to the nature of the proposed project and to the making of the Loan. No person spoke or wrote in opposition to the project or the making of the Loan. D. The Issuer has recommended and requested that the Board of County Commissioners approve the Master Financing Agreement and the making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. E. The purpose of the act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. F. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County, nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Master Financing Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. G. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147 (f) of the Internal Revenue Code of 1986, as amended, the making of the Loan as contemplated by the Master Financing Agreement in an amount not to exceed $15,000,000 is hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. effect immediately upon its adoption. 2 This Resolution shall take AGENDA ITEM NO. _ '* '"~ ~ AUG 2 6 PASSED A/iD ADOPTED ~"HIS {SEAL) day of , 1997. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FI~DRIDA By: Deputy Clerk By: Timothy L. Hancock, Chairman, Board of County Commissioners Approved as to form And legal sufficiency: 6~Qid Weig~el' ~ -- County Attorney ~13~ 2 6 t997 DIL~ MAS'I'ZlZ FINANCIN~ AO=lZEEMENT GE CAPITAl. PUBLIC lrI:NANCE, INC., COLLIEI~ COUN'I%' INDUSTRIAL D]eXrELOl:94k-NT ^U'I-rIORITY, NAI~=E$ CO~ HOIiPrrAL, · , 0%Ii~ Dat~! ~ ~'A~$%~t 1. 19~7 ~ in~fl"~ment con$~lalt~ · $tcll~t7 al~=r=ment under the lrlorldi Uniform Comxnerr. ial Code. AGENDA No. c:, ~ ,~UG 2 $ ~J7 TABLE OF CONTENTS ARTICLE I DEFINITIONS ............................................................................................................................................................................... ARTICLE I1 REPILESENTATIONS, WARRAN'f'~S AND COVENA!',,'TS OF ISSUER AND OBLIGOR Sec~on 2.01. 1~~ Warr-az~es azxt Covman~s oflssuer ...................................................................... 4 .Secfim 2.02. R.q:rcsmzations, WarranS~s and Covenanr. s of Obligor ........................................................................................ S Seclion 2.03. T~ Cover, ants ....................................................................................................................................................... FrNANCI'NG OF EQU'fPME'N'T AND TERMS OF LOANS Section 3.01. Acquis~on of Equipment. ........................................................... o Section ~.03, Int~res~ ............................................... ' .......................................................................................... ~ Section 3.04. Paymcnr. s ........................................................................................................................................................................ 9 Section 3.05, Payment on Non-Business Days ................................................................................................................................. 9 Sec'don 3.0~. Pa~,en~s To Be Unconditional ....................................................................................................................................... ~ Section 3.0'/. Prepayrn~u ................................................................................................................................................................. Section 3.0~1. Term .......................................................................................................................................... ..... 10 Section 3.09. Initial ~ncl ~,~ual A~'nini.w~ve Fe~s ............ ' ................................ 10 ARTICLE IV CONDITIONS PRECEDENT ...................... .-..----. ARTICLE V TTTLE TO EQUIPMENT; SECURITY IN'rEP. EST Scc~on 5.01. Title ........................... Section 5.03. Liens and Encumbranc,~ ...................................................................................................................................... 12 Scion $.0~. Inspc~on of Equipment. ..................................................................... Sca/on $.06. P~'sonal i~ ..... ' ......................................................................... 13 Section $.07. As~i~'nen~ of~"-'~ .................................................................................................................................................. !] · . ~. ~ orc~i, ....................................................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......... ~ ~CLE ~ COVENANTS OF OBLIGOR Section 6.01. Use and Main,.~nance of Equipment by Obli8or ......................................................... ; ................................... ,, ..... Section 6.02. Compl~ce Wi~ Laws ................................................................................................ ~ .......... ~ .... ~ion 6.03. T~, ~ion 6.~. ~ce; ~ or.ss .............. -- -' .................................. N~. ......... ~t-(..~ ....... s~io. ~.0~. R~ R~.~ .......................................................................................................~'"2'~'"~? ...... ~ ' . .14 ~..14 14 ..14 _15 Section 6.06. ~olo and Set, on 6.0?. Performance I~ ~cr;. Advances ....................................................................................................." · .......... ~ ......16 Section 6.0~. Mod/ficaziora and Subst~'u~on.s ...................................................... I ' Se~o,,.o~. ~on orco~,o~ ~ce .................................................. ::::::: ............ :: ........... ::"::: .................................. :",tm~.~, Section 6.10. Liens ..............----- Sale of Assets .......................................................... ' ....................................................................... s~on 6.11. ' .......................................................... Section 6.12. Cortsolidation and Merger ............................................................................................................................................. 16 Section 6.13. O'.her ARTICLE DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS Section '7.01. Damage, Destruction and Conderrma..'ion ............................................ Section 7.02. l. nsufficjenc7 nfN~ Proem:ch ............................................................................................................................................. IT ARTICLE VII1 ASSIGN'M~'NT, MORTGAGING AND SELLTNG S~:tion 8.01. A~$ignment by Lender ............................................... 17 ARTICLE IX E'V'DNTS OF DEFAULT AND R.E~EDIES ARTICLE X M/SCELLANEOUS Scion Section ] 0.02. Section 10.03. Section 10.04. Section 10.05. Sec~on 10.06. S¢c~on 10.07. Sec~on 10.08. Section 10.09. Scc~on I 0.10. Scion 10. I 1. I0.01. Disclaimer of Warr~ties ................................................................................................................................................... 20 Vendor's Wan'~nfie~ ................................................................................................................... 20 t.~ita~o~ orUabili~, .......................................................................................................... ::::::::::::::::::::::::::::::::::::::::: Addition~ ~ ......................................................................................................................................................... 20 Nofic~ ................................................................... ~ .......... B~d~ ~ r~. or~, ~, ............................... : :Z.:::::': ....................................................................... :o ~bili~ .................................................................................................................................................................. 21 ~on ~ ~=~ ......................................................................... :::::::::Z:::': ................................................. Appli~le ~ ............................................................................ 10. ] 2. Cap~o~ ............................................................................................................. ~ I 10.13. En~ A~t ............................................................. ............................................... ' .............................................. I0.14. Waiv~ ............................................................................................................................................................................... 10.1$. S~iv~ili~ ........................................... 2I lo. 16. us~ ......................................................................................................... ~ENDA~EM .............. No. '~"~x~ AUG 2 6 ~? ii Pl. Section Scc~on Sect/on Scc~on EXH~IT A-I - Form of'Schedule EXHIBIT A-2 - Form of Sd~edule for Ofl'-lhla~ce She~ F'u~ancin[ EXFI~rT A-3 - Form of Schedule for Ofl'-Bal~ce $hee~ Fir~ncing wi~ Minimum EXHIBIT B EXHIBIT C EXKIBFF D EXHmIT E IDG-I~IT F I/XHIBIT G EXHIBIT H EXH~I'I' I EX/t~IT $ EXHmIT K EX/t~IT L EXHmIT M EXH1BIT N Exh'rB~ 0 No. "'1( r'' . klJ6 2 6 1997 r~, -- MASTER i~'NANCrNG AGKEEM~NT GE Ca~i~ Public Finance, Inc. Suite 470 $400 Normanclale La~c Blvd. ~~ ~ 5~37-1079 Tel~h~e: (612) ~97-5~ Tel~i~ (612) ~97-5~1 Collier County Indus~-ial Development Au~oHty ObUgo~ Au~ndon: Tdephone: Telecopic~. Naples Cornmuniry Hospial, Inc. 350 7th Street Nort~ Naples, FL 34102 Aurar;on: Vice President of Finance Telephone: (941) 436-5335 TeIecopicr: (941) 436-5914 TI-IlS MASTER FiT,'ANCING AGP,.EE,VIE'NT dated ,,, of Au~t I. 1997 (this "Ma.uer Financing Agreem~t") anmc, ng GE Capi~l !~blic Finance, Inc., · {~law~r~ coq:,or~on ("lender"), Collier County lndusu~ D~velopm~nt Au'J~ori~, duly ~ and vaHcUy t'xi~tng unck-r thc laws of the Su~t.e (de£med below) ('Lssue~. and Naples Corn~u~ir~ Hospizal. Lnc.. a nonprofiz ~ion existing trader the hws of the Stzze ("ObLigor'9. ' WHEREAS, Issuer is authorized and empowered under the LTw~ of the Sine ~o obtain loans and issue bonds aAd m~e~ ~d Frovidc fu~ncin{ from thc proceeds thereoir to hospixals and certain otbet health c~e provjda-s to fu~nce or rtfmance the co~ oft:~, including major medical equipment, vehicles md o[her equipment or systems, all in furtherance of ks public purposes; and W]'~S. Obligor is · ,onprofit corpor~on established for the ~ of providing health ca~e services, is ~ or--ion dc~'n~d in Scion $01(cX3) of the Code (d~£mcd below) and is ~ut,horlz~ to lease, sublease, pun:base and hold ~ md ~ property and borrow money to futanc~ or r~financc thc s~rne; and WHiEREAS, Obliior c~sir~ m fz~nce or r~c~ thc aCCluisigon of £~ipmcm (ck£med below) from Vcudors (ck£m~l t~luw) f;wn time to time on thc ~s and coudidons sci forth below, which £qu~pmon! shall be specilically {d~ndi]ccl in Ibc ~ or Schedules (~fincd below) ~ supplc~uc~t ~ ~ Financing ^l~'~ucut and ~r~ incorpor~t, cd her~in and made s pan her~f, mi and pruvick thc proc~ thmuof to Obligor ~t ~ the ~um ofggs M~s~r Financin{ ^D~-~ncnt' and to sccur~ such Loans below) Issuer will ~ssi~n to Lmd~r ks right to ru~iv~ l~y~,.-ms (dcfin~ below) from CYoli~ot~, and WHEREAS, ~ Mas~ Financing A~rncn~ zid thru CYoli~ions (defined below) incur~d hcrcundcr shall ncx constim~ s ~b~ or l{~[Li~y or mcn~J oblilm~ion of thc ~ Issuer or any poligc~{ subdivision of~e S~, or · pledge of'Ibc faith and crcdim power of the St.a~, or Issuer, or ~ny polkical s~bclivision of the $1~c, b~n shall be · special obligation pa.vmbl: solely from thc and oihcr ~uuoun~s payable hcr~mder by Obligor to Lender, M sssi~r~ of Issuc~, and WHEREAS, ~s security for thc payment of 4dl of C~ligor's oblipdons under this Mas~er lrant m Issuer and Is, suer sh~Jl assig~ m ~ · fu~ priority p~fect~d security interest in the E, in~ere~ ~s may be required by L~nder to s~cure the Ob]iptim(s) (defined below); 11613~ AUG 2 6 1997 'NOW. TH~P,~FORF~ ~. consider~ion of the payments ~o be m~de her~mder md the mum~l coven~nu co~iz~"'d ba~'~. ~he at;r~e ~ follows. ARTICLE I DEFDI'FFIONS The following,',~'ms used herein will h~,ve the me~ings indicaed ~low ~le~ ~e con~ cl~ly ~qu~s o~. "Ac~ifion C~" m~, ~ ~ to ~y A~ ~e ~o~ paid or m ~ paid m ~c V~do~s) for ~y ~ of~e E~ipmcnt u~n Oblii~s ~c~ce ~mof. ~clud~i ~nable ~ive, mi~cc~ legal, fm~cial ~d o~ ~ ~cd by ~, ~, Oblig~ ~d V~dom ~ ~ wi~ ~e ~hi~, ~l~on (which may ~clude m~ ~ov~o~ m ~i~ but which ~1 not bclude ~b~ ~ c~g~ s~il~ m n~ co~on) ~d fm~c~t ~d r~Fm~c~$ by L~ oF such ~ui~m~ all o~ which ~I1 have ~ ~ved by ~d~ ~ iu ~le dillon. "Additional Pa~u" m~ ~e ~o~u, o~er ~ Pa~mu, parle by Obligor p~u~t to ~e provhio~ of~ M~er F~c~g A~cmmt or ~y A~mk ~clud~g ~ions 6.0T ~d 10.~ he.of. "A~e~t" m~ ~B M~ F~c~g A~ent ~d ~ ~hedulc. ~ ~e ~c may ~ ~mded or m~ified ~e, which shall c~m~ ~ f~Ily ~ed ~on ~i~& ~ ~c~ce w~ iu o~ ~s ~d condifio~ ~ Dom ~d ['~I A~ve Fee" me~s, wi~ ~e~ to ~y A~enL ~e ~ual f~, if ~y, for ~e gen~l "B~' mc~ ~e ~er ora ~ of C~dic "Bond Co~el' mc~s ~ ~omey or ff~ of a~omeys nationally ~coD~kcd on ~e subject of municipal bon~ ~d ~mblc ~o Issuer ~d Lender. "Bu:~css Day' mc:as a d~y off,~ ~an a Sa~day or S~y on which b~ ~ gmc~ly o~ for b~ms ~ N~ Y~ New York. "Cenifi~e of Accutec" me~ a Cmific~e of Accsec ~ m~lly ~e fo~ ~ fo~ u ~it B h~o ~d on ~half of Obligor. "Clos~g" m~s, wi~ ~ m ~h A~mL ~e ~ of dcli~ of ~11 ~d d~u ~cd requked ~der ~is M~er F~c~$ A~t ~d such "Code' mc~s ~e ~al Rtv~ue C~c of 1986, ~ ~d~d ~ ~c ~ "~faul~" me~ ~ cv~: ~a~ wi~ giv~g of notice or p~e of ~e or ~. would co~mte ~ Ev~t of ~f~k m ~ded La ~cle ~ hexol. ....... Lm~,~l R~uc, or ~y D~ D~r of ~al ~enue or ~y co~ ofc~t j~di~on, ~ ~ opm~m o~ q~lificd ~ such ma~ ~ ~ Evmt of T~ili~ shall have ~d. A ~on of T~ili~ ~ ~c~d on ~e ~ m ~ of~e follow.g: (a) ~e ~ whm Obligor ~ ~Y ~mL m~l~m~ ~L ~ o~m ~ ~h~ule, which ~scl~s ~a ~ Evmt ofT~fl~ ~I ~vc ~d; ~e effe~ve ~ of ~y fed~ leghl~on ~d o~ fede~ role or ~ pmmul~ ~ ~ ~ of (c) ~ u~n ~le, I~ or o~cr del~ ~m ~ ~e m~g of T~. R~g. ~ 1.141-~, receive ~ ~q~ified option of Bond Co. scl m ~e eff~ ~ tach ~ will not ~e ~ on ~e Lo~ m ~omc ~clu~le ~ ~e ~o~ ~c~e of~e ~cipim~ "Equipment" means the personal property to be used in con~ection with Obligor's health ~ oper entitled i~ a Schedule ex~cuu:d on I~half of Issuer and Obligor, ~:cepted by Lender in wring ~d iden f~clud/ng, to the extent permitted pu,-~uant to the Code without jeopardizing the tax.exempt s':azus of Pay~nen~, certain items origir~lly f'ma~ccd flu'ough internal advance~ of Obligor in anticipazion of obtai~in 11613~ :2 issuer), together with all replacement pa~.s, addlt~ons, repaY, mo<lJHcations, sub~tutions, accessions, and accessories incorporated therein md/or affixed to such personal propers. "Escrow Agent" means the escrow agent under an Escrow Agreement` and its successors and assigns pe,"mi~:ed pursu,~n to thd~lk tCrTnS of the Escrow Agreement. 'Escrow Agreement" means an Escrow Agreement among Lender, Issuer, Obligor md Escrow Agent reL~ng to the disbursement of'Loan Proceeds and Obligation Proceeds under an Agreement. 'Escrow Fund" means the fund established and held by Escrow Agent pursuant to an E~-row A~eement. "Event or'Taxability" means, with respect to any Loan: (i) the application of the proceeds of such Lo~n in such manner ~ such Loan becomes an 'arbi~'age bond" within the meaning of Code Sections 103(bX2) and 148, and with the result that interest on such Loan is or becomes includable in a holder's gross income (as defined in Code Sec~oa 61); (i~ U'as the result orany acL failure to act oruse of the proceeds of.such Loan or any misrcprcs, entaHon or inac~ in any of'the repr~scn~dons, warranties or covenants conta~ed in the related AD'cement by Issuer or Obligor or the enaccrne*nt of any t'edcraJ legislation or the promulgation of any f,ederal rule or regulation afl. er the date of this Ma.~er Financing Agreem~nL the intcres! on such Loan is or becomes includable in a holder's gross income (as defined in Code Scion 61) or (iii) any revocation of, the determination le:'-.er from the L'lternal Revenue Service regard.~g sams of, Obligor as a 501(c×3) corpora:ion. "Gross-Up Rnte" means, with respect to any Loan. an interes'~ r~te equal to the interest sated for such Loan (withou~ reg:~:l to Section 3.0~) hereo0 plus a ~e su~c~ent such ~at ~e ~o~l ~tere~ ~ ~ paid on ~y pa~ent ~e would. ~Rer such ~ter~ w~ reduced by ~e ~o~t of ~y fcde~l, ~te or I~al ~come ~ (~clud~g ~y ~te~s[ or ~naI~es) a~ally ~po~ ~ere~ eq~l ~e ~o~ of ~teres: due wi~ respe~ ~ such Lo~ (cal~lated wi~ou~ ~g~d to Section 3.03~) hereoO. "Gu~tor" me~ any ~on ~at provides a G~ ~ ~qu~ed by m A~e~ent. "Gu~" me~s a Gu~ executed by a Gu~tor ~ ~bs~ially ~e fo~ amched hereto ~ E:hibit M. ["~itial A~i~6ve Fee~ me~s, wi~ res~ct ~ ~y A~eem~L ~e fee, if my, payable to Issuer u~n ~e extc~ ~such A~eemen~ for Issuers se~iccs ~ co~ec~on wi~ ~e p~p~tion. ~view ~d execution of such A~eemcnt.] "issuer" me~s (i) ~e enti~ idenzified a~vc ~ such ~ ~: F~ p~ph of ~ M~er Fh~chi ADetm~ (ii) ~y s~ivin~, rcsuhing or ~fcrce cnfi~ ~ereof~/ned p~umt to ~e te~s of ~is M~:er Fm~c~g A~eemen~ md (iii) e~ ~cre · e con~ex: requires o~e~[se. ~y ~si~ee(s) of Is~cr peri,ed p~umt to ~c ~s of~is M~cr F~mc~g ADecmm: "Lender" me~s (i) GE Capi~i ~blic F~ce. ~c.; (ii) my ~iv~g, r~uh~g or ~sf~ee co~o~on of GE C~ ~bHc F~mcc, ~c.: md (iii) if~is M~:er F~cL~g A~eemcnt h~ ~cn ~si~ed by Lender p~mt to Se~ion 8.01 hereog such ~i~. or if~ A~ecment h~ been ~si~cd by Lender p~t ~ So,ion 8.01. such ~si~ee shall be considered ~e Lender wi~ ~ m such A~eement. "Le.':er of Credit' me~ns an irrevocable s~-mdby lencr of, credit issued by Baz~ in amo~L form and subs:ante sa:L~ac-,ory to Lender. "Loan" means, with respect to each loan from Lender to Issuer under an AgreemenL Issuer's obligation to repay such ~ as provided in such A~eemcnt. It' an). State ]aw requb'es that the Loan be evidenced by a note or a bond. the related A~'ecmcr~ .~all constitute such a note or bond. - "Loan Proceeds" means, with respect to any A~'eement, the to,al amount of.money or other consideration to be paid or provided by Lender f,or application in accordance with such Agreement, including the Acquisition Costs. 'Loan Term' means, with respect to ~ny Loan, the ~ specified in the applicable Agreement in accordance with Se:tio~ 3.0S hereof.. thc same may bc supplemented or arnended from time to time in accordance with the terms hereof.. This and the Agreements shall be implemented th,roug, h the execution of Schedules in the form of,~thibit A-l, consecutively commencing with Schedule No. 1. For the purpose of'construing a mansaction as an integ~ shah be considered a single ~'ansac~ion and a legal and binding agreement. 'Loan Year" means, with respect to any Loan, each one.year period (or shorter period for the f'u~ or last ),car prior m the pa,',Tnent in full of such Loan) ending on the £in~l principal payment date sated in the applicable AD'eement. "Master Financing Agreement" means, collectively, this Mast. er Financing A~:reement, including the E:.nibits hereto, as aay of AUG 2 5 1997 pg. ' ~. 'Obligation' means the Fu~ncing provided by Le~der and Issuer to Obligor pursuant to an Ai~'ment. "Obligation Proceeds" me:ns, with ~ to any AgrternmL the total ~mount of' money or other consideration ~o be paid or provided by Lender to Obligor on behalf of Issuer for ~pli~tion in accordance with such Agreement. including the Acquisiticm Costs. to be rtpa~d by Obligor by the Pay'menu. 'Obligor" means (i) the entity identified above as such in the fi;~ paragraph of this Mas~er Financing Agreement: ('u') any surviving, resulting or ~ransfertt critiC' thereof perrnitIed pursuant to the terms of this Master Financing Agreement: and (ii0 e*xcg:pt where the conte~ requires otherwise, any assignee(s) of Obligor pcrm~ed pursuant to the terms of thls Mas~er Financing Agreement. "Payments" rnc~s those scheduled payments (rxcluding, adrninis:r~ive tees, indemnifications and rtimburs~ncm:s and Additional Payments payable to Lender and Issuer hereunder) payable by Obligor pursuant to the provisions of each Agrtcmem. as specifically s~ for'th in applicable Schedules. Payments shah be payable by Obligor db'ectiy to Lender in the unounts and at tbe~mes as s~ forth in the applicable Agreement. 'Prepayment Price' means ~,he amount which Obligor may pay or cause to be paid to Lender in order to prepay ks oblig:~tions under an AgrccmenL as provided in Se~ion 3.07 hereof, such amount being s~ forth in the Schedule comprising a par~ of such Agreement and including a premium for the privilege o/prepayment, plus all other amounts then owed under such ^greement try Obligor. "Prior Lntercs~ Payment" means a payment of interest on an Loan made on or prior to the date of any E~crminafion ot'Ta.xabilir:' or call ~te under Section 3.03(b), ~later. "Purchase Ag:reemcnu" mean~ each of'the p~cha~e agreements between Obligor and e~ch Vendor of the Equipment. 'Schedule" me~ns, with respect to the financing ot' any Equipment under this Master Financing Agreement. a Schedule in substantially the same form set forth ~ Exhibit A-I, A-2 or A-3 hereto, which has been executed by Lender, ls:uer and Obligor. reasonably identifies the Equipment subject to such Schedule, sets forth the Payments ~d ~epayment Prices payable in res~c~ ~htreof. and certain other mat:ers. Schedules shall be numbered consecutively beginning with '1." No s~?,~e Schedule may be in an amou~ less ~ SlO0.O00. "Srnte' means the State of Florida. OI "Substitute Bar~" means the issuer of a Sub~tute Lc'ncr of Credit. which Subs~tutt Bm'dc must be acceptable to Lgudc: in .ender's sole discretion. 'Substitute Lener of Credit" me~u~.s an irrevocable standby letter of'credit in form, substance and amount acceptable to Lg~der in sole discretion and issued by a Substitute Bank. "UCC" means the Uniform Commercial Code as ~dopted in the State. 'Vendor" me=s the manufacturer of an item of' Equipment. as well as the agents or den]ers of the manufacturer, or othe, seller of thc Equipment fi.om whom Obligor has purchased or is purchasing items of Equipment. ARTICLE II R~PRESENTATIONS, WARRANTIES AND COVENANTS OF ISSUER ~ OBLIGOR Scion 201. Reprtsenta.~ons_ Watt. ties ~nd Covenants of Issuer. Issuer represents, warrants and coven~ts, for l~e ~ of Lender ~nd Obligor, as follows: (a) issuer is a public body corporate and politic and public ins*u'u~entali:y duty created and validly existing undr.. the laws of the State; (b) issuer will exercise its bcs~ efforts to preserve and keep in full force and effec~ its existence as a body. corporate and politic and public ~entality; (c) Schedules and the u'ansac~ions contemplated hergby and thereby and to i:efform all of its obliga, and to incu~ the Loan(s); (d) L'~suer has duly author'Lzed the execution and delive~T, ot' this Ma.r, gr Fin:tr.c documents, and will be fully authorized to execute and deliver each Schedule and any rela:e~ Issuer is authorized under the laws of the State to enter into this Master Financing Agr~.-ment arid ~e ,u.~ h~-e~mde, r and AGENDA .ITEM provisions of thc resolution of its Ioverninl body or by other appropriate official approval; all requirements have ~ ~ and Procedures have occu,rrtd (includin~ without ILmitation. public bidding and open meeting requLremenu) in order m e'~_--e thc enforceabilit~ of this Mas'let Financing A~'cement and any related documents, and all procedures will be met an~ ptoc~du,,e~m~ will have occur'cd in order to ensure the enforceability of each A~'e~ment and any related documents, against Issuer. bauer h~ assigned to Lender all of Issuer's ri~ts in the Equipment. this Master Financing Agreement and r, ch Agreeme::z ~excep1~,' paymcnu, if any, 0~' [the Initial Administrative Fee and the Annual Ad~'ninistr~tive Fee pursuant to Section .~.09 indemnification payable to Issuer pursuant to Section 6.04(c) hereof and notice to Issuer pursuant to Section [0.05 hereof) including the assignment of'all fights in the s~curi .t7 interes~ granted to Issuer by Obligor; and this Master Financing ^l:recment and any related documents constitute, and each Schedule and the resulting Agreement and any related document, s w~ r4~stitute. legal, valid and binding obligations of Issuer, enforeeablc in accorcL~nce with t.heL, respective terms, except to the ~ ~mi;ed by ban!cruptcy, reorganLzation or other laws of general applic~ion relating to effecting the enforcement of creditors' (c) None of the execution and delivery of this Mas~er Financing AD.cern'eat, any Schedule or ~ related documenL thc consunu~at~on 0~' the ~msac:ions contemplated hereby or the fulfilL~ent of or compliance with tt~ t~'m~s and conditions of this Master Financing AD.eemcnL any Schedule or any related document violates any law. rule, regula~ or order, conflicts with or results in a breach of' any of the terms, conditions or provisions of' any resmcfion or any _agr:tmen~ or insmament to which i'ssu~ is now a pm':~ or by which it is bound or constitutes a defaul~ under any of'thc foregoing ~ results in the creation or imposi~on of any prohibited lien, charge or encu~bt'ance of. any nature whatsoever upon anv of the propem.., or assets of Issuer under the terms of any insa'urnen~ or aD'cement; ' (i~ There i.~ no action, suit, proceeding, cla~, inquiry or investigation, at law or in cqm~, before or ~ ~ cou~ re~uIatorv agency, public board or body pending or, to the bes~ of Issuer's L~"~owlcdge, th, rea:ened against or afftc:L~ issuer. ch~llen.g~g ~ssuer's au~or~ to enter in;o this ~ster Financini Agreement. a~y Schedule or any reda:ed document ar~v ac.ion wherein an unfavorable ruling or findLng would adversely affect thc mt'orcc~,biliry of ~is ~aster Financing A.D.c~mcnt. any AD'cement or any related document or any other transaction of Issue' which is sLmil~r here:o, or the exclusion ofn~e interest component of the Loan pa.'.,':'ner, ts from gro~ L~come for fede~l tax purposes u~der the Code, or would materially and.~u~vcrs¢ly aff.cct any of the ~ansactions contemplated by this ~aster Financing AD.¢tm~'nt. any Agreement or any rela~ed docu. m~4 (g) issuer will not pledge, mortgage or assig~ this Mas:ct Financing A~cement or ~y A_~eement cr its duti¢: and obligations hereunder or thereunder to any person, Fu-m or torpor::!on, except to Lender as provided under the :~ms bcreo£; Issuer shall cause to bc executed and de:'vered in con.'~ec:ion with e~ch Schedule an opinion of' its ~1 an arbi~r-age certificate Lq substantially thc forms ar~ched hereto as £:d~ibits E and H. respectively, and satisfactory ta Lc'r. dcr Lender's counsel; and ' - (i) T~e £mancing of thc Equipment has ~en approved by the "applicable elected represent:ire" So.ion ]47(~ of~c Code) oflssu~ a~w a public hc~g held u~n re~onabic notice. Scion 20~. Representations bcncfi~ o/Lender ~d issuer ~ follows: - (a) Obligor is, and so long as any Obligat on is 0UtSt. andL~g shaft continue to be. (i) a nonprofit corpor~m, dui}' organLzed and existing under thc laws oft. he State for the purpose of providing health care se,",'ic:s: (ii) an org~iz~:ion r~bed in Sec:ion $01(cX3) of the Code that is not a "private foundation" as de£med in Sec:ion 509(a) of thc Code; and (iii) to le~se, sublease, p~chase and hold real and personal propers, and finance or rc£~,,ance the t"o) Obligor shall do or cause to be done all things necessary to preserve and keep in full force and. ~ its existence and status as an or~ani:,ntion described in Section 501(cX3) of the Code that is not a "private founc:L~tion" ~ cle:l~d in Sec:ion 509(a) of'the Code; ' (c) Obligor is authorized under the laws of the State and its a~icles of' incorporation and by-laws to enter imo '.his Ma~ter Financing Agreement and each Agreement and the Iransactions contemp~'ated hereby and thereby and to perform ~1] of irs obliga~ons hereunder and thereunder; (d) Obligor has been fully authorized to execute and deliver this Master Financing AD.cement and atty. documents, and will be fully author'~zed to execute and deliver each Sche:lule and any related documents, under an ag~'~priate resolution or resolutions of its governing body and by any other appropriate official 'approval; ail requ/rcments have be~m met and ail procedures have :aJcen place in order to ensure the enf.orceabili .ty of this Master Financing AD.ecment and ~ related documents, and all procedures will be met and procedures will have occurred in order to e: Agreement and any reIated documents, against Obligor in accordance with thei; respective term certificate of' need rcqub'emcnts, if any, with respect 1o this Master Financing A~'eemen: and ~ comply with all cer~ific-~te of need requLrements, if'any, with respect to each Ag:recrnent and a~ thc f'mancing by Obligor of'the Equipment hereunder, and this Master Financing Agreement ~ 5 ny relllll~ lilfLi;iiliI~:l~..~ will y related documents, imv. luding been. and each Schedule and the resulting Agreement and any r~la,,'d documents will be, dui.,, au~.horizzd, e~c~d and delivered and t.his Ma.~er FLnancing Agreement and any related documen,, consdn~te, and e:~:h Schedule and I~ azsuhing Agreement an any rela~ed documents will constitute, valid and legally binding obligations of Obligor, enf'orce:,h~ zDainst Obligor in accordance with their respective terms; (c) The authorization, execution, delivery and perform, ante of this Nlas~er Financing ^grcement and ~r2,.' tel,,ted documents by Oblil~or do not., and the authorization, execution, delivery and performance of any Agreement and ~ related docummts by Obligor will not, r~quir~ submission to, approval of, or other action by any governmental authority m ~ency. which action with r~spec~ to this Mas~er Financing AD'cement and any related documcnu has not been t~m and which is Final and non-appealable, and which action with t~spect to any Agreement and any related documents will not be taken a~ will be final and non-appealable prior to the execution and delivery of'the related Schedule and any related documems; (0 The execution and delivery of this Masm' Financing AgrecrnenL each Schedule and any related documents. the consummation of the u'ansac~ons contemplated hereby and thereby and the fulfilLment of, the terms and conditions hereof and thereof do not and will not violate any law, rule, regulation or order, conflict wi~h or result in a breach of any of ~,~ farms or conditions of the a~cles of' incorporation or bylaws of, Obligor or ot any corporate resu-ict~on or of, any agreement or instrument to which Obligor is now a parry, and do not and will not constitute a default under any of the foregoing or result in the ~e',uon or imposition of' any liens, char~es or encumbrances of any nature upon any of, the I~ropcrry or assets of, Obligor e~t for the securiD, intcres~ D'ant~d herein; (g) There is no action, suit. proceeding, claim, ~quio' or investigation, at law or in equi .n,, before or by. any coup. regulatory agency, public board or body pending or, to the best of Obligor's knowledge, '3~'eatened against or affecting Obligor, challenging Obli~or's authori.? to enter into this Master Financing Agreement. any Schedule or any relazcd docum=nt.~ or an.,, other ac. ion wherein an unfavo~ble ruling or £mding would adversely affect the enforceabiliry of this Master Financing Agreement` any Agreement or any related document or any other Irmnsaction of Obligor which is s-'"nilar hereto, or the exclusion of ~.e Lnterest component of:he Loan payments Dom gross income t'or federal tax purposes under ~e Code. or would materially a,nd adve~e]y a~ect any of the tr-d.r, socdons contemplated by this Master Financing Agreement, any Agreement or ~ relate~ docu:nent; (h) Obligor assutnes full responsibiliv,.' for the sat'er,.' and any consequences of' lack of safety with rest:,c~ lo the operation a~d maintenance of the Equipment; (i) The real l:ropcny on which the Equipment is located is properly zoned f,or its current and anticipated use and thc use of the Equipment will not violate any applicable zoning, land use. environmental or similar law or rcs~-iction. Obligor has all licenses and permits to use the Equipment. Obligor has received any requb'ed certificate of'need tot the acquisb-L,~ ancO'or installation of'the Equipment; ' - (j) Obligor has heretofore t~u'nished to Lender the audited financial statements of Obligor for its fiscal ended September 30. 1995, September 30, 1994, September 30, 1995, and September 30, 1996 and the unaudited flaunt'iai statc.-nents of Obligor for the "~od ended June 30, 199';, and those statements faiHy present the financial ~on of Obligor on the dates [hereof and the results of' irs ope:rations and cash flows for the periods then ended ~ ~'ere prepared in accordance with generally accepted accounting principles. Since thc date of, the mos: recent financial there has been no material adverse change in the business, properties or condition (£~n~ncial or otherwise) of,Obligor; (k) All £mancial and other inf,ormadon provided to Lender by or on behalf' of Obligor in connection ~ th~s Master Financing Agreement and each Agreement is u~e and correc~ all material respects and. as to projections, valu~ons or pro forma financial statements, present a good faith opinion as to such projections, valuations and pro forma con, Ii, on and results; (1) Obligor has paid or caused tc be paid to the proper authorities when due all fede."aL state and ~ m.xes rcquized to be wi',Aheld by it. Obligor has flied ail federal, state and local tax re,'m'm which ar~ required to be filed, and Obligor has paid or caused to be paid to ~he respective :axing authorities all taxes as sho~,n on said re, urns or on any assessmcm a~:eived by it to the extent such taxes have become duc; (m) Obligor has or will have good and absolute title to all Equipment and ail proceeds thereof, fr~e and ckar of, all mortgages, securi ,fy interests, liens and encumbrances except for the securi~,' interest created pursuant to this Master F~cing Agreement a~d the Agreements; (n) securi .n, interes~ created pumuant to this Master Financing Agreement and each A~reement t filed in the offices noted therein, Lender, as assi~ee of'Issuer, will have a valid ~d Ixrf~e~ec~ subject to no other securin/interest, assigr~menL lien or encumbrance. None of'he Equipmen estate. None of'thc Equipment constitutes a replacement of, substitution for or accessory to Obligor has provided to Issuer and Lender signed Financing statements sufficient when filed to pe:rg~ the is or ~.become a fi~nrm m'~ y pro~ of Oblilor~ a · ~ AUG 2 6 ~7 PI. ~ ,. lien of any kind. Obligor owns the real property where the Equipment will be located subject to no liens or encurnb~ m"anv kind; . (o) So long ~s ~ny Obligation is outs~nding, except as otherwise pertained by this Master Financing or any Agreement, the F..4:tuipment shall be used by Obligor only for thc purpose of performL~g services related to its organization described in Section 501(cX3) of the Code and consL~nt with the permissible scope of Obligor's authora~. ~d will not be used in an urn'eLated tr'~e or business of Obligor or in the t;ade or business of any person or entity other than Obl~. (p) Obligor sh~l cause to be executed and delivered in connection with each Agreement an opinion counsel and an arbitr~e certificate substantially in the forms attached hereto as Exhibits F and H respectively, and ~ to Lender, Lt~suer, Lender's and Issuer's respective counsel and Bond Counsel; ' (el) Obligor reasonably expecu th~ it will not t,G:e ~ny deliberate action within the meaning of Tre:~s. ~.~tg § I. 141-2(d); (r) Obligor shall cause Guarantor to execute and deliver to Lender in connection with e'~ch Schedule ~'reto a Guaranty, if any, requLred by each such Schedule, toge?,her with an opinion of counsel to Gua.,-antor in subs~ntJall;- '~e form anached hereto; and (s) Obligor shall cause to be delivered to Lender a Letter of Credi:. if any. required by each Schedule. · S.~t.i~;;~L2,~. ~. (a) It i~ the intention'of the parties her~o that the interes~ component of the Loan .payments received by Lender under any Agreement be and remain excludable 6om gross income for purposes of federal income u~xa:ion. Lb) Issuer will no~ intentional]y perform any act that would cause the interest component of the Loan payments so bc~'ome includable in gross income for federal income t~x purposes under the Code (including, without limitation, intentional acts under' Tre~s. Reg. § 1.14g-2(c) or consenting to a deliberate ac:ion within thc meaning of Treas. Reg. § 1.141-2(d)), and Issuer will ia.kc and w~ cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that such interest r4z::ponent docs not become includable i.n gross income of the recipient for federal income tax purposes under the Code (including. av4;.hout limi,'.tion, the calculation and payment of any rebate required to preser,'e such exclusion). (c) Obligor will not take any artion or permit any ~'tion within ~ control to be taken ~at would cause the i,-a,-resta~l~ cornponent of the Loan payments to become includable in ~"oss income of'the recipient for federal income tax purposes under fla~ Codcl (including, without lira;ration, intentic, nal acts under Treas. Reg. § 1.148-2(c) or a deliberate action within the meaning of Treas. ]~.e.g. § 1.141-2(d)), and Obligor will taJce and will cause its officers, employees ~d agents to take ail afl'wrnative a~ons legaIly within izst~wer nects.~a.-y to insure that r,ch intttm-t docs not become includable in ~ross income o£the recipient for federal income tax purpes~:s:~mder the Code (including. without limi~ion, the calculation and payment o£any rebate required to preserve such exclusion). (d) lssur, will submit or cause to be submined to the Secrem-y of the Treasury a Form 8038 (or other information ~,.,~,;ing s:aten~cnt) at the nme and in the form ~equired by thc Code. (e) Obligor will aid and assist Issuer in connc~on with preparing and subrnining to the SecremT. of the Treasury a t:orm 8038 (or other appHcabic information reporting statement) at thc time and in the form required by the Code. (0 The weighted average marur/ty (defined in accordance with the Code) of any Agreement will not exceed one lzamtred twenty percent (120%) oft. he weighted average reasonably expected 'economic life in the hands of Obligor of the Equipment .m~je~ to such Agreement (g) Obligor will not execute any Schedule violating the $150,000,000 Ii;nit on tax-exempt £mancings for ~le purposes, other than hospitals, under Section 145 of the Code. (h) Obligor will not use the proceeds of any Schedule to reimburse expchdirures previously paid by Obligor, ca:za~ in compliance with the requirements of Treas. Reg. § 1.150-2. · Section 2.04~. Compliance With Rebate Requirement. (a) Obligor covenants to comply with its closing certificate in the:form anachcd hereto as Exh~it D and the arbitrage certificate in the form amached hereto as Exhibit H delivered at the Closing c~'~ach A.m'eement, thc terms of which are hereby incorporated by reference into this Master Financing A~-'tement and each Agreement. For the purpose of complying with Section 148(0 of the Code and the regulations thereunder, a~ "Rebate Provision"), within forTy-five (45) days a. ft~r the close of each Loan Year (or any earlier da~e required payment to the United States under Subsection (c) below), Obligor shall comptne the ~no~ Subsec~on Lb) below), ifa.ny, for each Agreement as of the close of such Loan Yea~. For pm'poses of th 116135 subse~on, (0 compmafim~ o~ AU$ $ Exce~s shall be m~e as if the ~ day of the appllc~ble Loan Year were a "cornput~o~ ~L~' within the me,'ming of Treas. Re. i L 148- Icb) ca' Trea~. Reg. § 1.148-3(e), or any succe~x l~'ulat~on and (i~ an Exce~ with respect m an Ag~tvnent sh~ll not be les~ than :z~ro. Cb) Excel. "Excess' mtam the sum of (il the excess of (Al the iggzegaxe amount ~ed ~ ~1 N~p~ ~ve~ (~ de~ed ~ ~e ~ ~ion) (~ ~ ~v~u ~le ~ ~ ~ ~d ~ ~is ~ph) ~bu~l~ m ~e G~ ~ (~ ~ ~ ~e ~b~ ~i~) of~c ~li~le A~ ov~ CB) the amount which would have been earned if such Nonpurpose Investments were in _w:~_ ~ ,,, a hue equal to the yield (determined in accordance with the Rebate Provision) on the Agrtemem to which ~ Gross I~'t~ aJ't am'~,'~le, any income i:~le to the ,~xce~ d~t-n'bed in subpaz~raph (0 above. The amoum of any calculated F..xce~ shall be reduced b~ any payments made to the United States pursuant to subsec~on (cl. (c) Payment of P, tba~ m the United States. (il No later ~ sLxty (60) days aft. er the close of the flf~ Lean Y~at following the due of' e~rcu~on of a Schedule (or any eazLier clue ~ may be required ~o comply with the Rebate Provision) and the clcse of' c~:h fifth Loa~ Year thereafter, Obligor d~ll pay to the Uni'~d Stat=s on behalf 0£ luuer the full amount thru requb-ed to be paid under the Rcba:e ProvLsion as certified by Obligor in Icco~a.nce with subsect%n (eXit. W~thin sb~ (60) day~ afar a given A~en! baJ bec~ paid in full, Obligor shall pay to the United St~ts on behalf' of' Is~ue~ the full amount then required to be paid under the Rebate ProvL~ion ts ctr:iHed by Obligor in accon::tance with subsection (cXi0. Each such payment shall be made to the Internal Revenue Service Center, Philadelph~ Pt'rm.~lvania, 19255 or any succt'~sor location specified by thc Internal Revenue S~rvice, accompanied, by a Form 8038-T (or other successor t~,por~ng fern) extcultd by Obligor, (ii) No la:er ~ fifteen (15) da~ prior m each date on which a payment could become due trader su~ect~on (cXi) mJmve (a ~Lchat~ Payment Da~ Obligor shall deliver to Issuer and Lender a certificate either summarizing the dcterminaUon th-, ~o amoum i~ rtquL,~ to be pa~d ~ specifying the amoum then requhtd to be paid puts .uam to S~on (cXi) and an IRS Form g038-T (or other successor repor~g form) for execulion by Issuer. (d) Records. Obligor and Issuer shall keep such records as will triable them to fulfill their responsibilities amier this Section m~d thc Rebate ~ovbion. (el Imerpretation of' this Se~ion. The purpose of this Section is to u~f'y the requirements of' the Reba~ Provision. Accordingly. ~is ~m s~l ~ c~ed m m m me~ ~ch ~m~. Obligor covmmu ~ ~1 ~on ~ md~ ~ ~ion shall ~ ~ ~ a m~ ~ c~pli~ ~ ~e Reb~ ~v~m md ~ k ~I nei~ ~e ~y ~m n~ om~ ~ ~t my ~ ~ would ~use ~ M~ F~c~g A~t or ~y A~I ~ ~m to ~ m '~i~ge ~d' w~ ~e m~g of~e ~e by ~mon of ~e f~)~ m comply wi~ ~e Reb~ ~ovhion. Oblig~.~al] pay my ~ ~d~ T~m, ~g. ~ i.148-3~) n~ to comply wi~ ~e Rebate ~hion. (O Promp~ Expendi~ of' Proceeds. Obligor may ~clude from its comptn~on of an Excess requi~ed by Sut~n~on 2.04Cb) any gross proceeds tha: are not subject to rebate pur;uant to Section 148(fX4) of the Code. (g) Compliance by Obligor. To the extent any payment of' rebatable arbitrage is either insuH3ciem or not timely magic to the United States, Obligor shall pay to [he Ur~ted St~es on behalf' of' Issuer a~ deficiency, corrt~on amount, interest, pona~, a' other amount necesrary to prevent this Mmm' Financing Agreement or any Agreement or Loan from becoming an "arbiu'age bond' wi:lain the morning of Section 148 of'thc Code. Obligor covenants tha~ to the extent necessary it shall obtain thc advice md a.Mistancc ofexp:r~ to a~d it i~ complying with the Rebate ~h) Modification upon Opinion of Bond Counsel. The requLrements of thLs Sec~on may be modified or emended ia ~ole or in pan upon receipt by L~uer and Lender of an opinion of'Bond Counsel to the effect that such modifications and amendmems ~ not adversely affect the cxcltsion from g;ro~ income of the interest on a~y Loan. AGENDA .ITEM AU; 2 6 Modi/ication upon Opinion of Bond Counsel. The rc~ui~mcnu ~cn~n~s ~ not ~vemdy ~ca ~c e~lusion ~om ~ass income ~ inter~i on ~~ O~ ~G~T ~ T~MS O~ ZO~S ~c~on ~ 0[ 6cq~si~on ofE~om~ ~ligor ~c~ ~ o~r~d or ~1 ar~ ~c Eq~pment ~ ~ch~sc A~c~U ~om ooc ar mo~ Vmdo~, ~ligor s~l ~ ~lc ~ of loss ~ r~ co ~y 1o~ or c~im ~ln~ng [o ~y item ~ipmcnt ~d ~c~on ~ 02. ~ To Finite or ~mnc~ [auiomc~ Lender ~ch AD~mc~ m ~ a ~ m Islet ~ ~c ~o~ sc~ fo~ in ~ch ~ch ~ condifio~ of ~h ~ch AB~men~ ~o ~ow such amour ~om Le~cr hcrcb)' ag~4 to ~gow tach ~ ~om I~cr to fi~cc or t~ce ~c ~q~fl~on Coso. U~n ~ll~z ~ fo~ in ~clc IV h.r~, Lcn~u ~1 ~is~ ~ ~aOon Pr~s on Acqmsidon Cosu or ~m~ to Vcndoffl) or. u~n aD~mcnt mcng Liner, ~cr ~d Obligor. dcpoht ~c ~fion u~ Escrow ~d to ~ ~1~ inv~:d ~4 ~bu~ ~ pro~ded ~ ~e E~row A~eem~nu Islets obli~fion Obligcr's ~llgaaon m ~ ~ Obliptio~ s~l co--once. ~d intcr~ s~ bc~n ~c ~sed to Obli$or ar a Vendor on ~ ~ ~er or d~osil~ ~ ~c ~row F~d. Fi~c~ Agt=m~nt s~l not o~te Lender or ~m~r to cxe~ md dehvcr any Sch~ulc or to ~m~id¢ consideration ~ r~ to ~y ~nt ~s ~d ~fil ~ch ~h~le ~d delivered by all o~er p~ ~crc~o ~d ~I con~fions ~t fo~h in ~s ~Bstcr Frogging ~uon ~ O.~. ~. (a) ~c pdndp~ ~ount ~ ~he Loan~ ~d ~g 0bli~fi~m s~l ~ int~c~ (computed on ~c b~s ~ ~cml ~ys ,lap~d in a ]604ay A~men~. lnm~ acc~og on ~: p~h~ b~m~ of ~* ~s ~d ~e O~ligadom hcrcm~dcr cu~ s~l ~ ~a~lc ~ pro~dcd in ~ rchtcd Ap~mcnI ~d u~n e~lier dem~d in pre~a)mcnt in ~cc~ce ~5~ Scion ~.07 hereof. N~ ~n~ Parvenu ~at~ a~ ~c Gross-Up P~t.. In ~om ~or ~1 ~ ~Svc ~c ~0on ~ ~ N~z~ Fi~dnt A~men: ~d ~c A~cnu. [t=ioa ~ 04. Ptm~nts. Isn,t shall pay ~c ph~5pd ~, pre.urn, ~ ~y. in ac:or~c~ ~ Serum int:~ on ~c Lo~, bm o~y out of ~.e ~o~u pdd ~ Obligor pur~nt ~ ~si~e: ~ ~cr. Pa~cnu, N ~ ~o~o ~d on ~e ~s ~t fo~ in in;~ ~cr ~y Ap~mcn~ Islet h~y ~i~ to Lender ~ of io fi~t (~d hcrc~y ~s Ob~tor to ~= tach Pa~enu ~dy to, or a~ ~e ~coon of. Len~r), under ~ Ape:mono ~d dl of ~cffs fight fide ~d intcm~ N ~d to ~c r~b~mfio~ ~d in ~c ~c ~ h~cr or o~cmS~, ~ coll~t ~c Pa~cn~ Agrcemcn~ ~ m ~e ~ ~y co~ for mc~ Pa)menu or o~r patchy, m ~erdsc ~5~ r~ to ~e rc~ Eq~p~nL ~ m ~thd~w or s~flc ~ cl~s. ~r F~c~ A~cnt ~ ~y A~m,nc ~on ~y tern. Such ~cnu ~ a~ct pa~cn~ ~ di~Jy to ~dcr, ~ I~cr's ~, ~thout ~c ~qu~mcnt ~ nag~ or A~mcnt for Prc-~icd P~u ~cbiu) in ~c fo~ anjch:d hem~ ~ ~bit K or at tach ph~ ~ ~ ~fiDS at ~ ~me thc Schc~c is ~c~t~ or tach ocher plac~ u ~nd~ ~ ~om ~e to Omc ~si~zc i~ ~2d a~ ~s pa~cnt obU~3~ons ~dcr ac roland A~ec~nt. No prov~ion. ~cn~ or ~tcr ~dn~ A~ee~t or ~y A~cment or ~y oblisa~on herein ar ~rdn imposed an I~cr, or co~:: or pvc mc to or impose wan ~cz ~ Collier Co~. ~n~d~ ~ng pours ar a pl~ ~ its ~enc~ ~nucs. ~ m~g ~e a~cmcnu, pro~o~ A~mcnC s~l bc p~d in la~ monW of ~c U~ted Sates o~ ~c~= ~ by Lender or Obligor for ~y c]~ b~ on ~s ~r Fi~c~g ~.m~t or cmpl~ce or qmt ~ ~mer ~le~ ~rso~ Ihbili~ on ~ p~ g ~ch ~rm~ cf or intenfio~ ~olafion ~ hw by tach ~n. covenants and agrtements contained hcreLn and therein th.Il be absolute and unconditional in all events, without abatemcm, ai~;~ution. deduction, scruff' or defense for any reason, including (wjthou: limitation) any failure of any Equipment to be delivered or '~,,~.~ _m~ any defecu, malfunctions, breakdowns or in£u'mities in the l:qulpment or any accident, condemnation, destruc6on or Im~rescen circumgances. N'orwithstanding any dispute between Obligor and any of Issuer, Lender, any Vendor or any other per~on, Ob[igor thal] {~r~ake all Payments ,,'hen due and shall nc~ with, hold any Payments pending final resolution of such dispute, nor shall OblLgor assert any ght of sc~off or counterclaL-n agains~ its obligation to make such payments required under this Mas~er Financing Agreemem or any Agreement. Section 3.07. Pre~a,,q-nrnts. (a) Obligor may, in its discretion, prepay an Obligation in whole at any time on · ~dulcd payment da~ by paying the applicable Prepayment Price and any outs:ending and unpaid Payments and Additional Paymcms dm: under this M~ Financing Agreernen! and the related Agreement. Co) Obligor shall prepay an Obligation in whole or in part at any time pursuant to A.n'icle VII hereof by. paying the applicable Prepayment Price and any oumanding and unpaid Payments and Addition"i Payments due under this Master Fiaancing Agreement and the related Agreement. (c) Obligor shall In:pay an Obligation in full immediately upon demand of Lender after the occurrence of' an Event of Default by paying thc applicable Prepayment Price :nd any out. s~nding and unpaid Payments and Additional Payments ctut under this Master Financing Agrt'ement and the reh~ed Agreement Cd) Obligor shall prepay an Obligation in full L'ru'ned~ely upon demand of Lender a,~er the occurrence of a De~'mination of Ta.xaSili~ by pzying thc applir.~le Prepayment Price, interest a: the Gross-Up R,'~te to the date of payment as requL-ed by Section 3.03Co) and any ouut..mding and unpaid Payments and Additional Payments due under this Master Financing Agreement ~ ~e related Agreement plus ~n ~mount necessary to supplement the Prior Interes~ Payments to the Gross-Up R~te. (e) An Obligation shall be pr:paid in pan with fimds remaining in an Escrow Fund upon ~trmination ofthe relzzed Escrow Agreement as provided in Sections 2.03 or 2.04 of such Escrow Agrtemcnt. Upon: prepa}.'men: tr, p~ of an Obligation. thc prepayment shall be applied fu's~ to interest acerued thereon and nm,.~ to the principal componc.a; of,h: ?a}~er, ts in the tnvcrse order of maturity. Sectior. }.C'~ T':,~.., The ::.,'Tn applicable to any Agreement shall commence on the date of the Closing and thall termim~t ulx~n e~liest to occu,- c f ~,'Lv of~,¢ following events: (a) So long as no Default or Event of Defauh has occun'ed and is continuing hereunder, the payment by Obligor of ail Payments with respec~ to such Agreement and the related Obligation and Loan, any Additional Payment. g my rebate payments and an.,.' other payments requital to be paid by Obligor hereunder; or So long as no Default or Event of Default has occun-ed and is continuing hereunder, the prepaymem of the entire Prepa.-,rncnt Price as provided in Section 3.07 hereof and the other amounts due hereunder and under the related Agreement; or (c) Lender's election to t:rminate such Agreement under Article IX due to Obligor's default hereunder. This Ma.~er Financing Agreement shall terminate upon the termination of all Agreements in eH'ec~ on the July 1 that precedes the fif'~centh ~ru~iversary of the date of this Mas:er Financing Agreement and no Schedule shall be executed following thaz d~te. [Section 309. Inlt~al and Annual Adminls~razive Fete. If so required by Issuer, Obligor shall pay the Initial Adrnin~-,.'¢e Fee to Issuer on thc date of each Closing. Obligor shall also pay to Issuer the Annual AdminL~'tr~tive Fee in instaRmenu on the a~,,~ s~ forth in each related Agreement; provided, however, that the aggregate fees and charges to be received by Issuer from Obligor sh,n aoa equal or exceed the amount, if any, which would affect the exclusion from gross income for federal income tax proposes of the interes~ nn the Loan. Thc obligation to pa), the Annual AdminL,,a-~ive Fee shall continue until all of Ol~ligor's obligations under this Master Fhm',:ing Agreement and each Agreement have been paid in full.] ARTICLE IV CONDITIONS PRECEDENT Lender's agreement to enter into any Agreement, provide the financing contemplated thereby and disburse the Obli~rrion loceects shall be subject to the condition precedent that Lender shall have received all of the follm* ag, ea~-~l~ tisfactory to Lender:. NO. , ':i ~'~ Io AU6 2 6 L997 (a) This M~'r Financing A~,cmen~. properly executed on be. half of Issuer and Obligor and each oft~e Exhibits h~%~) properly compl~d; (b) The r~l~led Schedule properly ~. ecut~d on behalf oflssuer and Obligor with each of the Aru~.chr~ ~ol~rl.x completed and cxc~utcd by the a~propri~ panty or (c) The Gu~u'~nty, if'any, properly executed on behalf of Guarantor, (d) An ~w Agreement relat~t to such AgreerA~'nk if applicable, properly executed on beha/ff Gf Issuer. Lender, Obligor and Escrow Agent; (e) An Au'~ori2:a~,ion Agreement For Pr~:.Arranged Paymenu (Debiu) in the form anached hereto as E.xhibit K properly executed on behalf of Obligor, (0 ?a.vment tnsm~ctions respecting the L~an Procee~ts and the Obligation ~oceeds in the form ~tacf~ Exhibit L properly executed on behalf of Obligor and Issuer, (g) A ~ue and corr~ copy of' any and all leases pu.,-suant to which Obligor is leasing the properS, where the Equipment will be locater, together wi,b. a landlord's disclaimer and con=eat with respect ~o each such lea.se; th) A true and correct copy or any and all mortgages, deeds of trust or similar agreemen~ (whether or ~o~ Obligor is a party, to any such ageemenO relating to the property where the Ecluipmen[ will be located, toieth:r with · waive: or similaz w~iver with r~spect to each such rnortiage, deed of'mus~ or similar agreement; (i) As applicable, financing statements executed by Obligor, as debtor, and naming Issuer, as securc~t par~.', and Lender, as assignee, an~or the original c~ific~te of title or manuf~c~re~s certificate of origin and title application i~ an? of the Equipment is subjec: to ce~ificate of title laws and such other affidavits, notices and similar ins~umenu necessary or g~propriage to perfect and m~in~ain Lender's rust priori~ perfected s~curiry in the Equipment; Financhng r;a~ements executed by Issuer, as debtor, and narning Lende.', as s~cured par~: 00 Such lien releases from other c~editors of O~ligor as may be requ~r.-d by Lender in the form a.,,~ch~l her~o Exhibit N (with copies of filed UCC termination s~tem~u a~ached) properly executed by or on behalf of such other (1) Cun'~nt s~rches of appropriate filing offices showing *.hat (i) no state or feder-,d ~.x liens or ju .~?ne~ liens have been filed and rema/n in effect against Obligor, (ii) no fma~ncing s~ements have been filed and remain hn ef~:~ a~-ainst Obligor relathng to the Equipment except those £u~ancing s"~ements filed by Lender, (iii) Lender has duly filed ~11 fir~cing s~tements necessary to perfect the security interest created pursuant to this M~ste.' Fin-~ncing ^gr~ement and each and (iv) Lender has duly filed all £mancins smtemenu necessary ~o perfec~ the transfer of Issuer's in~erest in ~s Financing ^gre.-ment, each Agreement, the Payments ~nd the Equipment; (m) A certificate of the Secrer. ary or an Assis~n! Se~ of Obligor in the form attached he:eto a Exh~i[ D of O~ligor, a~thorizing the execution, delivery and l:~.'n'formance oi m~s ~a.~ter r mancm~ ^gr~ernent, mc rc~u Escrow Agreement (if applicable) and any rela~¢d documents and (ii)the signatures of the officers or agents of Ot)ligor ~uthoriz.:d to execute and deliver this Master Financing Ageemenr~ the related Schedule, the Escrow Agreement (if applicable) and other instruments, a~e~mmts and certificates on behalf' of Obligor', (n) A certificate of Issuer in ~e form lt~ched her~o ~s Exhibit C certifying ~s to, among other things. (i) the offici~l approval authorizing the execution, delivery ~nd performance of this M~sxer Financial Agreement, tl~ Agreement, the ~c~ow Agreement (if' applicable) and any r~la~ed documents and (ii)the signatures of the officers ~'~ of Issuer ~uthoriz~d to execute and deliver this Master Financing Ai~ernmt. ~e related Schedule, the Escrow A~ (if applicable) and other insmm~ents, agr~ments and certific~es on behalf of Obligor', (o) An Arbiu-age Certificate in the form amsched hereto as Exhibit H properly executed on behalf of ~ Issuerl (p) A Certificate of Good Su~ndin~ issued ~s to Obligor by the Secretary of'the S~ate of the S~ate not mor~ tl~n I0 (q) Certificates of the insurance requ~d under the related Agreement. containing ~do~ement in f'avo~ of'L~d~-, t~0~ 2 $ (r) A campiest md executed Form 8038 or evidence of filbi ~ofwi~ ~c ~ of T~; (s) A ~lufi~ ~ ~id~ce of ~ offici~ ~ ~ ~ ~ ~ ~half of ~ ~o a~ ~e ~iom ~n~platcd ~ ~e ~ A~C (t) E~d~ce ~ ~e f~ ~hcd h~ m ~ibit I of ~bli~on of notice ~d ~t m ~ 14T(0 of~c C~c; (u) Evid~ce ~ ~e f~ ~ed h~o u ~it ~ ~a ~e f~c~t of ~e Equicor ~ ~ ~ by ~e '~pli~le el~d ~ve' of~ ~ a public b~l held u~ ~le n~ce; ~ ~ion of~[ ~ ~lig~ ~ ~ L~der, l~ ~d Bond Co~l ~ ~c f~ a~c~ ~o u (v) F..xh~it F; (w) &s F..xhibit G; An opinion of counsel to Issuer adch, tssed m Lender, Issuer md Bond Counsel in the form attached hereto as An opinion or' special t3x counsel or bond counsel acktrcsscd to Lender and Issuer in the form at:ached hereto The L~ of Credit, if required by pu~umt Io an ag~-mtnr, Opinion of Counsel to Bard~ ffapplicable; Payment of Lender's fees. cornmissiotu md expe~es requLr~d by Scion 10.04 hereof; 0~b) Payment of Ls~uer's fees, cor~n~L~|or~, and ext::gnses i~.curred in correction with thc related Agrttmem and the a-a.q~grions cont~'mpiated h~rcby[, h~cluding ~¢ Inkial A~minis~'give Fee]; and (cc) Any other documents or items ttquized by Lender or Issuer. Lender's agreement to provide the fmancing contemplated by my Agreement. disburse the Obligation ProcetcLs and ~o Opproval of my' disbtu'sement from m ~scrow Fu~d shall be subject to the f't~. conditions prtc~ent tha on the date thereof: (dd) Lender shall have received each of the items requLred for a disbursement puzraant to the ~ Agrees:ne, if any; (ee) Lender shall have received a Certificate of Acceptance relating to the Equipment with respect ~o ~ich a disbursement is reques~d; Lender shall have received in form md subgmce satisfactory to Lender Vendor invoice(s) and/or bi~(s) of sale relating to t~e Equipment and, if such invoices h~ve been paid by Issuer or Obligor, evidence of payment therenfamL it' applicable, evidence of official intent to rei~bur~ such payment as required by the Code; (gg) the representations and wazrmfies contained in Article H he. of ~II be correct on md u of the dale afsuch {ozn as though made on and as of such date, except to the'ex'tent thaz such repre~.nmions and wan-~nties relate solrJy eaz:ier date; and ('hh) no event shall have occurred and be continuing or would rrsult from such loan to Issuer or the which cons:itu:es a D~fault, m Event of Defaul! or a DetermL~ation of Taxabiliw. ARTICLE V TITLE TO £QUI~M~NT; SEC1;RJTY Eecrion 5.01. Title. Legal title to the Equipment md my md ~II r~pain, replacements, sub~tutions and modific~tiam msmch Equipment shall be in Obligor. Obligor will at all times protect and defencL, ~z its own cost md expense, ks title from md ~ all claims, liens and legal processes of creditors of Obligor, md keep all Equipment ~ and clear of all such clag'ns, liens md procgm~. ~rt~oufl Section 5.02. Sec~Hrv Intrrcst. This M~cr F~c~g A~m~t ~d each A~cem~t ~ i ~t wPA~ ~e me~g 0f~c UCC. As ~ for Obliges ~t ~ L~d~, ~ ~i~ ofl ~ pay~le ~o ~d~ b~d~ ~d ~1 A~m~, Obfigor h~by ~ m ~, ~d I~ h~ ~ c~g a ~ U~ ~ ~e Equipm~ all ~a~, ~lac~ ~mtio~ ~d m~ifi~ 116135 12 proceeds of' he foregoing. Issuer a~d Obligor a~'~e to execute such a~difiona! documenu, includLng Fm~c~g sa~emen~ ~vi~, notices ~d s~il~ ~. ~ fo~ ~a~o~ ~ L~dcr, ~d ~e such o~cr actions ~ L~der deems ~ or appmpd~e m ~blish ~d ma~ ~c ~ ~ ~a~td by ~ S~ion, ~d l~u~ ~d Obligor hereby desi~a~ Lender ~ ~e~ agmL ~d ~t m L~der a ~w~ or a~omey (which ~ coupled wi~ m ~=res0, to execute on behalf~, Obligor, ~ ~e c~e ~y ~, ~ch additional d~m~ ~d m ~e ~ch o~ a~io~. If ~que~ed 5y Lmder, Oblisor sh~ ~dlord ~or mo~ec's co~n[ md wdv~ wi~ ~ ~o ~e pm~ wh~e ~e Equipmem is Iocate~ ~) oba~ ~e ~ of ~st ~ ~e Equipmm~ ~m my ~er of, or a ~d p~ wi~ m ~t~s~ ~. equipment on which ~e Equipme~ ~ccession ~d (c) conspi~o~ly m~ ~c Equipmmt wi~ ~propd~te I~. la. Is or a~s. ~d ma~[a~ such mukm~ m ~ tic. Iv ~o disclose L~d~s ~ ~= ~ ~e ~quipmen~ Scion S03. Li~s ~d En~m~C~, Oblisor sh~ll no~ d~ctly or ~d~ly, ~e=te. ~c~, ~s~me or suEer mo~saSe, pledsc, lien, ch~se, m~b~ce or cla~ on or wi~ msim ~o ~c Equipmenl (~o~e~, "L~ens") o~cr ~ ~ ~ctiv; d~ of Lender ~d Is~c ~ hem~ provi&e~ Obligor ~all promptly, at i~ o~ ex.se, ~e such amion ~ may be.ncc~ disch~8e or remove my Lien. ~ligor ~11 m~b~e Lmd~ for my ~ ~c~d by Lender ~o disch~[e or r~ovc ~ L~. Sec:ion S~, ~c. C~ra~ S~m or ~ Place of Bus~_e~. Obligors chief executive o~cc · e ~d~-ess ~ fo~ above, md ~I1 of Oblilo~s mcor~ mia~ [o i~ b~ess md ~e Equipment ~e 2ept a~ such location m~ch o~er location ~ s~ci~ed ~ ~e ml~ted ~hedule. Obliior h~by a~ m provide ~en notice to Lender 3 o~ ~y ch~se ~ ~oposed chrome ~ i~ ~e~ ~ co~ ~ ~ would cause a filed ~c~ ~t~mt to become sefioustv mislead~ or a thane* ~r ~~ ~ i~ place of b~ or chief execu~ve ~ce or ch~ge ~ - , - ~o~sed ch~gc ~ ~e Ioc~t~on of ~e E~ui~ ~U~ nouce ~nll ~ provided 30 ~'/s ~ a~v~ce of ~e ~te ~at ~ch ch~e or pro~sed ch~ge is pl~ed to ~e e~cc:. Oh~ docs bus,ess, ~d h~ done b~c=, only ~d~ i~ o~ n~e ~d ~c ~ade n~es2 set fo~ on ~c e~ecufion pa~c hereof. ~. ~pe~ of Eoui~ment. Lender ~d Issu~ shall have ~c ~ ~t all rc=oneblc z~cs dung b~ h~rs. upon re=onable advice notice to Obli~r~ to enter m~o ~ upon ~e prope~ of Obligor for ~e p~ose of ~spec~m~ ~e ~en~ or rcmov~g ~c Equipmem p~u~t to ~icle ~ hcreo[ ~. ~~. ~e p~ies h~eby a~ee ~at ~e Equipment is. ~d so long ~ ~y Obligation is will rem=~, pe~onni prope~ ~ when subjected to use by Obligor here~der, wHI not b~ or become F~x~res: p~ow~e4 Ao~. con~ to ~e p~ics' ~ent ~e Equipment E or may be de~med to ~ a F~x~e, Obligor sh~II c=usc fil~s to be made w~ ~ govc~ o~cials or fling o~c~ ~ ~ate ~d prese~e for L~d~ ~ ~i~ oflssu~ a pe~c~ed F~ p~oH~ sec~ ~ Equipmen:. . Seaion 5.0~. Assi~l of ~m~t, ~ additional ~ec~ for ~e pa~ent ~d peffo~ce of Obligo~ obli~ ~der · is M~ter F~c~g A~ement ~d ~ch A~e~en~ Obligor h~eby ~i~ ~ L~der, ~ ~si~ee of Issuer, ~y ~d ~ ~eys (~clud~g, wi~out l~imfion, pr~ee~ of ~s~ce ~d re~ of me.ed pr~i~s) due or to bec~e due ~der, ~d all ~ of Obligor wi~ respect to, ~y ~d all ~licies of ~ce now or at ~y t~e h~ea~er covemg ~e Equipment or ~y evi~e ~eof ar ~y bu~es~ recor~ or val~b~ pa~n ~m~g ~ereto, ~d Obligor hereby d~ecu ~e issuer of ~v such policy to ~ ~ such moneys d~ecdy to Lender ~~ ~.' v ~ w~ ~cle VI! - ~li~or hereby ~si~ to Lender, ~ ~s~ee o emauon affect~g ~e EquipmenL At ~y t~e. whe~ before or a~er ~e ~c~ence of ~v Event of Defaulk Le~der may ~ut ~ ~), Lendegs n~e or m Obligogs n~e, ex.ute ~d deliv~ pr~f of c[a~. receive all s~ch moneys, endone chec~ ~d o~er represen~g pastern of such moneys, ~d ~jm litigate, compromBe or rele~e ~y cla~ aga~st ~e B~uer of~y such p~ ~. ~ ~y conde~afion pr~eed~g. . Section 5.0~. A~I M F~c~ Star. eat. To ~e ~tent ~ined by applicable law, a c~on, photo~ ~ ~er reproduction of ~ M~r Fm~c~g A~t or of my ~c~g ~t~ si~ed by Obligor or Issuer is su~cienl M ~ ~tement ~ ~e S~te to ~e~ ~e gc~ ~terem ~ted ~ ~ M~t~ F~mc~g Section 5 09, Len~ of C~dit. Obligor he.by ~ees ~at Lender may ~qu~ Obligor to deliver or cause to be ~li~d Lender a Lener of Credit ~ ~di~onal sec~ for ~e p~mpt pa~ent ~d'peffo~ce of all of ObligoFs obligatio~ ~ an A~eemen:. If so requ~ Obligor h~tby a~ees to deliver to Lender not later ~ 60 ~ys p~or to my scheduled exp~tim. Lener of C~dit or ~y Sub~m~e ~ner of C~dit (a) evidence ~tisfa~o~ to Lender ~at such LeHer of Credit or Substi~ L~ of Credit h~ ~en renewed on t~s getable to L~d~ or ~) a Sub~ L~ of C~di~ If at my ~e (x) ~e ~t~g ofB~ ~ ~low · e mt~g ~u~ed ~ ~e ~l~ed A~t or ~) ~e m~g ora Sub.irate B~ ~ ~low ~ m~g requ~ed by Lender at ~ ~e related Sub. irate Lener of Credit ~ accepled by Lender, Obligor shall wi~ 30 ~ys provide to Lender a Subs:irate LeHer ~ A faH~e by Obligor ~ ~lly md ~cly ~ffo~ my obligation ~der ~ Section or ~e f~l~ of B~ or ~y Substitute B~ m ~d t~cly honor ~y ~R ~der a Lener of C~dit or my Subsfim~ Lener of Credi~ ~ ~e c~e may be, shall cons:i~te m ~ [vent of ~fault here~der. · 13 AO£NDA No. AUG ARTICLE VI COVENANTS OF OBLIGOR ~ec:ion 6 01. Use and Mnintenance of'Equipment by Obligor. Obligor shall az its own expense, maint3Ln, preserve aad keep thc Equipm~m in good repair, working order and condition, and shall from rime to time make all repa~ and replacements ne~ss~ry, to keep the Equipment in such condition, and in compliance wit~ stye and federal laws, ordLna.'y wc~ and te~ excepted. Oblilm' shall main,,in the Equipment in a condition suitable for certification by the manufacturer thereof (if c~ificadon is available) and in conformance wi~h all manufac~.'~'s recommended maintenance requirements and specifications _* ~ rela~ed insurance policy. In the ~'ent that any parts or accessories forming pan of any item or items of Equipment become worn out. lost. des=oyed, damaged beTond repair or or, et'wise rendered unfit for ,.use, Obligor, at its own expense and expeditiously, will replace or cause the replacemem of such pans or accessories by replaccrr, tnt pans.or accessories free and clea,r of all liens md cnc,.:mbrances and with a value and utility xz least equal to thal of thc paris or acc.&.ssorit-s beL'~g replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair). All such replacement par,.s and accessories shall be deemed to be incorporated immediately into and to co~__r~5~__,le an in'ciD-al portion of'he Equipment and, as such, shall be subject to the terms of this MM.er Financing AD'cement. Obligor shall not install. usc, operate or maintain thc Equipment improperly, carelessly, in violation of any applicable law, license or insurance policy provision. including the provisions of the Purchase AD'cement relating then;to, or in any manner contrary to that contemplated by this Financing A~ecment or the AD'erment or the Purchase Agreement ~.pp[icable thereto. Obligor shall secure all permits and licenses, if any, necessaO' for the innallatior., use, operation, modification and uplp'~e of thc Equipment. Obligor shall comply in ,11 respects (including. without lirnita:icn, wi~ respect to thc use, m,limenance and operation of each item of the Equipment) with the laws of each jurisdiction in which its operations involving the Equipment may extend and any legislative, executive, administrative or judicial body exercising power over the Equipment. The Equipment shall not be used by any per,on or entity other than Obligor for Obligc~s exempt pu~oses. Obligor shall not use any item of Equipment to haul, convey, store. Il'eat, eton. sport or dispose of any 'hn:~rdous substances" or "hazardous was,e" as such terms art defined in any federal, state or local law, rule or regulation per',aining to thc protection o£ :he environment (together, "Environmental L~ws"). Obligor agrees Gat if Obligor is required to deliver any item of Equipment Lender of Lender's agent, :he Equipment shall be delivered free of all substances which are regulated by or form a basis for liabilL'y, under any Enviror. mental Law. Sec:ion 6.02. ~. Obligor will comply with the requirements of applicable laws and regulations. O~c non- compliance with which would mate~ally and adversely affect its business or ~ financial condition. ,, Section 6_0_~. Taxes_ Other Governm. enul Chnr~es_ Ufflitv Char~es ~nd Other Claims. The parties hereto cometnp~ ~ the quipment will be used for the tax-exempt purposes of Ol~ligor and~ therefore, that the Equipment will be exempt from all t~xes pnmcntly assessed and levied with respect to personal property in the Stye. l.n the event that the use, possession or acquisition of the Equ~t is found to be subject to t,~.2rion in any form, so long as any Loan remains unpaid, as the sazne respectively come due. all ~ and governmental charges of any kind whatsoever that may at any th'ne be lawfully assessed or levied agains~ or with respec~ ~o the Equipment. as well as all gas, wsrer, s'team, electricity, heat, power, telephone, utility and ocher charges incurred in the mainzcnance, use, occupancy and upkeep of thc Equipmcnq provided th~ with respect to any govermnental charges that may lawfal'ly be paid in installments over a pc-Hod of ye:us, Obligor shall be obligated to pay only such ins:ailments as have accrued during the time ',.his Master Financing A~recment or any Agreement is in effect. Obligor shall also pay or discharge when due all federal, s~te and Ioc~l~.xes requLred to be withheld by it and all lawful claLrns for labor, materials and supplies which, if unpaid` might by law become a lien or c~m-ge u~on any properties of Obligor. Section <5 04. ' ' . (a) Obligor shall, at its own expense, cause casualty, public liability and property dam3ge insurance, for such amounts and agains~ such h~trds as Lender may require, to be ca.,Tied and ma. intained with r~'pcct to the Equivalent sufficient to protec! ',.he greater of :he full replacement value of the Equipment or :he out..vanding principal balance of the Loans ~ to protect Lender, Issuer and Obligor from liability in all events. All insurance proceeds from casualty losses shall be payable to L~"~4~ ~nd Obligor as "~ provided. Obligor shall furnish to Lender, upon reque~ certificates of insurance evidencing such coverage t,~u'ou~hout thc Loan Term. Alternatively, upon thc written approval of Lender, Obligor may L':sure the Equipment under a Ix~:Bcet insurance policy or policies which cover not only the Equipment but al~o other propenie,s of Obligor or, upon prior wri~en ~ of Lender, may provide self-insurance acceptable to Lender. Any insurance policy carried or m~intained pursuant to this Section shall be so written or endorsed as to make Ios~ if any, payable to Lender and Obligor as their respe~ve interesu may ~ppear amd naming Lender as ~di~onal insured for liability. Proceeds (as de~.ned in Sec~on 7.01 hereo0 of the insurance required in this Sec'don shall be applied as provided in A2'ticlc VIi Each insurance policy provided for in this Section shah contain a provision to the ¢ffec~ that thc insurance company shall not either ,--'-'el thc policy or modify the policy materially and ~dversely to the interest of Lender without £u'st giving written notice thereof to Lender at least 30 days in advance of such cancellation or modification. (c) As among Lender, Obligor and Issuer, Obligor assumes all risks and liabilities from a ~t covered by insm'ance, for loss or da~nage to any Equipment and for injury to or death of any pet '"~'~hether such inju~'y or death be with respect to agents or employees of Obligor or of'third ponies, and 116135 14 AGENDA ITEM y cauf(td,~,hatsoever! wh~.e.e.e.e.e.e.e.e.e~ on or'~:n~e to any prop~:ny C.-r,,\ I~, I1, no~c~ ~f m Lender a 1~ 30 ~ys in ~:: ~ ~h c~lNfion or m~ca~on. to ~b~c ~cr ~ ~er fo~ ~ ~ ~dt~. dd~nd ~d hold Lender Eq~ip~nt. inclu~ but not h~Tcd to. (i) ~e ~lc:fio~ ~~, pu=h~e, Oblilor, (N) ~y ~t~ Mu~ d ~hior i~ offic=rs, employe=s Eqdpmem. (fii) ~c mn~on ef ~c Eldpmem ~ld or o~c~ di~oscd of or obligations h:~r ~d (~i) ~ cram, lo~, co~t or c~ m c~;~'~, ~cers ~d ~r~on. ~ ~,c c~e ~y ~. ~d3 pr~sion s~al! A~=mc=t ~d ~h A~m~a for ~y ~n. , ~li or ~d a~mble to Lender ~en~cr ~ees in ~g ~e ~vt~go~ n~s~ for ~d opimon ~ ob~ned no ~ledgc. ~) u soon u i~blc ~d ~ ~y ~cn/~i~n 60 ays ~! ~ end ~ ~h ~ q~ M ~gor, unau~:c~cc~ b~a~c sh~ and ~ment of c~g~ In net ~u for ~ y~ to ~t~ penM ~en eMe& in ~onabl~ dt~ ~8 ~u~ng ~ comp~five fo~ ~te ~d ~n~ ~ ~c pr~o~ y~, mccomp~cd by a ce~l~ af ~rly ~d acutely intent ~c fi~ can~tion of Obligor an ~owl~g= ~ ~e ~ence of ~y D~g or Event of D~auR her~der Dcfa~l or ~ Evcnc ~ D~c hcr~ndcr, no6c~ ~f ~cn ~: , officer of Oblitor of ~: ~ps ~inl ~ W ONilor ~o ~rt ~: ~ (c) promptly upon ObliJofs kaowlcdge thcrmf, node: of any loss or Equipmcnt or cd' zny matcna, l a~vcrs~ cha~gc in zny EcDipmcnt promp~y upon Obliges ~owlcdJe thcr~ nofi~ ~ ~e ~c te~fion ~t ~d ~ve a matc~ a~crse effe~ on Obligor's fi~ci~ or 15 No. '% ~. · ;atio~ by Obligor d .~Y h~ pl. aSon~. Obli~,or will po'mit Lend~, or i'~ crnpioyecs, account:mrs, anorn .cys m m~, m ex~e ~d co~ ~y or all ~ ~ ~cor~ ~ ~d m cx~c ~d ~s~ ~e Equipment ~ ~y ~c d~ Obligors ~ ho~. ~. ~. If Obligor ~ ~y ~c ~ib ~ ~ ~ o~e ~y of ~e ~ or a~m~ conu~cd ~ ~h M~ F~c~ A~t or ~y A~ ~d if ~ch ~ ~all cm~ue for a ~ of ~ h~of. of tach fail,e, wi~om n~ce ~ ~ of ~c}, Lmd~ may. but n~d no~ ~o~ m ~cd[ately ~och cov~c on ~fial~ md ~ ~c n~e, place md ~ead o~ O~l~ (~. ~ L~d~ o~ion. ~ L~d~ S n~e) md ma~. bo~ n~ ~ ~y ~d ~1~ o~ a~io~ which ~d~ may ~onably d~ occ~ ~ ~ o~ ~ soch ~ail~e (~c[od~, wi~o~ I~ o~ obl~c~. ~e pr~cn~ ~d ma~en~cc of ~cc, ~c ~fion o~ usi~. ~c~ ~o ~ ~cm~ ~ ~d ~c e~do~enc or ~en~): ~d ObliBor shall ~ pay m L~dc on dem~d ~c ~o~c of dl m~ys a ~lz of ~e ~o~cc or ob~ce of ~ch a~en~ ~ ~c ~t of such a~m by Linde. tosc&~ wi~ ~ ~ ~om ~c da~e ex~dcd or ~c~d a~ ~e Icss~ ofZ I4~, ~ ~ ~ ~he hi~ ~e ~i~ed by ~w. To f~il[~e ~c ~o~cc or obs~cc by Lender of ~ch cov~ or Obli~Obli~or h~cby ~ably a~ Linde. ~ ~, delc~ of L~d~. ~ ~lic~do~ for ~s~cc ~d o~ adieu ~d ~t~Ss ~qu~ed m ~ ob~e~ exc~ze~ dcliv~d or md~d by ~or ~dcr ~e~ion 6.0g. Hodi~c=tin~s ~d ~u~stimfio~. (~) Oblilor sh~ll n~ m~e ~y al~d~, m~ifi~t~ ~ions. sub~i~dons, sub,actions or ~prov~.~ to ~c Equipm~[ which c~oz ~ ~adily ~oved wi~ouz ~a~l ~e ~io~l capabilities or economic value of~c Equipment. ~ ~c event ~c Equipmm~ b rcqu~cd to ~ r~ed m L~dc. Obli{or. ~ i~ ~d ex,nsc. ~d ~ ~e ~que~ or Lcn~. will r~ove all al~do~, m~ific~do~ [nd additions ~ r~ ~c Equipmen~ ~ m r~ ~ Equipmc:[ to ~ condition m which i: w~ ~ishc& ord~ w~ ~d ~' ~d ~i~d m~i~c~o~ -h (a ~o~i~s~dLns ~c ?rovisions or subp~F . ~ of ~ So,ion. Oblisor ma~. wi~ ~c prior ~ ~t Lender ~d Issuer. substi~J~c for p~. cl~cn~, potions or ~11 of ~c Equipm~ o~c ~. clcmen~. ~io~. equipmm[ ~ proti~4 6o~'~'~r. ~at =y subs~i~dons made p~u~ to ObligoFs ob[is~:ioP~ to m~c ~pa~ referenced ~d~ Se=ion 6.0[ m VII h~cof shall not requ~e such prior ~cn conscn~ Obliior shall m~e ~y such p~i~cd subszimtlons ~ only ~-~ cquipmcm or o~ct m~c~l of equal quali~ ~o ~ose con~ed ~ or on ~e Equipmcn~ ~ ods~lly deliv~d m Oblil~ ~ V~dor ~ercof. Oblisor shall provide such doc~cn~ or ~s~ccs ~ Lcnd~ may rc=onably r~qu~t m ma~m or con~ L~s crc~ ~ ~c Equipmcm ~ so m~ified or subsd~z~d. Se~ion 6 09. ~ese~a:ion or Comomte ~xistence. Obligor will pr~e~e ~d ma~ i~ co~e ex,mc, ~ ~. pdvilcs~s ~d ~chiscs nec~ or dcs~blc ~ ~e no~l condum of i~ bus,ess; ~d shall condu~ i~ bus,ess m m ~mty. c~cicm ~d rc~l~ m~cr. Sc::~on 6.10. Liens. Obligor will d~fcnd ~ Equipmm~ a~a~ all cla~s or dem~ or ~II ~o~ (o~h~ ~ cla~s ~c Equipment or ~y ~cst ~crc~. Oblitor will ke~ ~c Equipment 6~ ~d clc~ of all mo~laS:s, d~ ofm~ ~S~. sec~D' ~cr~s~. liens. ~si~cn~. ~fc~ ~d enc~b~ccs. ~d will not crc=~=. ~c~ or rafter [o ex~ ~y m~t:~c, d~ Emz. pledsc, lien. scc~' ~crc~ ~si~L ~sr~ or cnc~b~ce upon or or ~y or~c Equipm~ cxc~ ~c ~ ~ p~u~t to ~is h~cr F~c~g A~eemen~ ~d ~e A~eem~. Se::~on 6~ I 1. ~. ~xce~t ~ ~rovi~ed ~ ~e~ion 6 ~ ~ h~eo~ Oblitor will no~ sell. Icrc, ~s~. ~sfer ~ dispose of ~11 or a subs~dal p~ of io mse~ or of my of ~e ~quipmcnt or my ~ercst LhcrcLu (whe~ ~ one ~ion or ~ ~ ~cs of ~sa~ions). ~e¢:ion ~ ~2. ~onsolidafion ~d ~er~. Obligor will no~ co~oli~e wi~ or m~e ~to my ~n. or ~i~ ~y ~o mer~e mm iL or acquit (~ a ~a~ion ~alo~o~ ~ p~ose or c~c~ ~o a co~oli~Ii~n or m~) all or sub~lly all ~ ~y o~er ~on ?mose or e~e~ to a consolidnfion or me~er~ all or sub~al]v all ~e ~s~ of~,y o~ ~ unle~ Ei~ ~i~ ObH?r will ~ ~e ~iv~ c~mti~ ~ (iD ~e ~ct~ c~om6on ~if o~ ~or~ sha~l ~ a ?moa ot~n~ed ~d exi~ undm ~e laws of ~e Unitc~ States of Arnica ~ a ~te ~of ~d ~c~ ~sor co~m~on shall cx~slv.. . ~sume ~e duc ~d...°un'al ,a~t.... of all ~oun~... due h~dm ~d ~d~ ~ch A~.. . · c du~ ~d v,~n~al ~ffo~ce ~d obse~cc of all ~e covcnnn~ ~d conditions h~of ~d of each A~cment ~d ~d Issuer s~all hav~ received a legal or,ion. ~ fo~ ~d subs~ce satisfa~oo m Lender ~d Issuer_ to ~e efft~ M~ttr F~ncm~ A~ement ~d each A~cment ~ legal_ valid ~d bindm~ o~h,~fio~s .t .............. enforceable ~ accord~c, wi~ th~ t~s: ' ' ' A~[N D~ I I ~ 16 Le~der and issuer shall have rec.-ived an c~inlon of Bcmd Counsel. in fo~ ~d ~:~ce s~thf~o~ {p L~d~ ~d is~_ to ~e e~ ~3t ~d~ ~ ~n~ h~ ~e c~n~ of such m~_ co~soli~ ,~e or ~omc includable ~ ~ss ~c~e ~nd~ ~e C~c or adv~e~v nfl~ ~ ~lid~ of ~v A ~t~:: ~d ' ' (iii~ r~ch m~_ c~lid~ ule ~ e~ee h~ ~ c~l~,~m ,~e~ce w~ ~d ~o,~t of detnul: wo~d r~ult tam any such m~. %~olidatt~.'~e ~ cmv~t undo_ ~o~_~:0~ ~d 3 ~ of me F~: ~t' Flond~ ~ m~st~ ~ee. M m eff~ on ~e date h~tof. ~c~ 61]. ~ ~f~ul~. ~[i~ w~] not ~k ~y b~ch. defauk ~ ~t of dcf~]t m ~ ~d~ ~y ~. loan ~Dc~L ~, 1~, m~gage, cm~ for ~c:~ ~r/aD~m~ ~ o~ con~] oblivion far ~wc~ moa? b~d~ u~n ~ligor i. ARTICLE Vll DESTRUCTION A.N'D CONDE.',LNAT1ON: USE OF NET PROC££DS Sec'ion ? 01. ~ction and Condcrrrn:tion. ^ Obligor ~hall vrovide a com~!e:e wrirxen re_-,or: to Lend~ immedi3telv ur~on any loss theft da.-naee or desu'uerion of ~v Eoui~m~t and e. an,,' ~ccMent mvolvm~ any Eou~me.nt It ~.1 or a~'v o:~o! thc E,,ui~ment ~s inst. s~olcn, desn'oved cr damaged beyond re~air t"Dama~ed Eou:_',menC'3_ Ob!,eor shah as soon as ~r~c~iCable after such event e,.mc~- (a~ reviace the "~:~me a~ Obli~or.S s~.cost ~nd ext, ense ~,~ e~,a;~rnr, nt' h~v'ine'su_~srnnt~llv sc.radar ~vecifica:ions and of ¢c~uai 6r ~r~'~ value la thi' D~ma~ed Eou~:m~ni 'i~ediatelv' ~n0t' to~the'v, me of the loss occ,~rr~e_ r~iaCem~r~t 'it~u,r~mcnt'lo be '~ab,ec:' in t_end~'s ao~r'oTvai: ~"hcreU~0~-S-u~l~'ie'~l"c~".'r'e.~i e,~u,~.-nent sh'all be sdb'~t~rUted in "th~s A~reement and 'the other related documents by anorooriate endorsement or a.rnenc~ment: or tb~ bay the a~plicat:le Preoavmcnt Pr!c: related to the Damaged E~uinmcn~ Obti~or ~hall no~l~ Lender of Which course of action ~: W!ll take w~thin .".,~een~c:~lend:~' ~.6~r thc toss occurre'nce. If. within -~_< c~le.ndar days Cot such longer period as ma.v be, an,vroved by L~derS of the loss oc:u.,'rence_ l a~ Or, lib, or fails ~o n0~iiR, Lendem tb1 Lender and Obligor fail to execute mn amendment to thc rotated ^~reement to delete the £~Ui~ment and add ~he reolacement eoumment or?c) Obligor fails to oar the anolicable Pr~a?.'m..e.n't ~e. U~cn Lender Sole discretion, declare the a,olicable Preoavment P'n, ce to be Immedia~elv due and eayable, and Obh.~or ~s reo, uired to pay the ~me ~.~ The s, iet Proceeds fas def~ned'bclow~ bit i~s~rance with resocct to ~e Da'maced Ec~ie~'nt shall ~ made available by Lmder to · nn%ed to Borrower's obligor, on under this Article. The oavment of the Pr~avment Price ts sublet: to the terms bt' Se_-'x'ion,, ~ 0,'-,=" hereof. For oumoses bt' this Amcle. the term "Net Proceeds"" shall mean the amoum r~-mainm$ fi.om ,,he ~'oss proceeas o~' any insurance ciaun or condemnation award after deducting all expenses (includinI reasonable _~ a~me,vs' fees) incurred in thc colkcrion of such claim or aw~'d" Section 't 02. l~uffici~cv of Ne: Proceeds. If the Nc~ Proceeds ar~ insu~cient to pay in ~II thc cost of any repair, r~ror~ion. modification, improvement or replacement referred to in Section 7.01 hereof. Obligor shall either (a) complete ~e work to the of Lender, and pay any cost in excess of the amount of the Net Proceeds, in which event if Obligor shill make any payments F. rrsu:mt :o the provisions of this Section. Obligor shall not be entitled to any reimbursement therefor Dom Lender or Issuer nor si~ll Obligor be entitled to an?' diminution of ~he a.mounts payable here'.mEet or under the r~lated A.~cemen:; or (ii) if Obligor is no~ ~en in cl~.'aul: hereunder, pay to or cause to be paid to Lender the amount of the th~n applicable Prrpa?,'m, en~ Price (which shall be credited xo the s~ulraneous prepayment of the related Loan) and, upon such payment, the Alrcemem with res'~c: to such Equipmcm shall ~:rminate and Lender's security interest in the Equipment shall terminate £. The amount of the Nc: Proceeds in excess of the then ~l:rpLir. abie Pr. epa.anent Price, if any, shall be paid to Obligor. ARTICLE ASSIGN,'ME.'~I', MORTGAGL",TG AND SELLL'~G Section g 01. ).ssi_m,_.rnem by Lender. This Master Financing Agreement and/or an Ag:reerncm and the fight to receive P~,.'mc~ts and the Prepayment Price from Obligor hereunder, may be assigned and reassigned in whole or in par: to one or more asst~ or subassignees by Lender at any time subsequent to irs execution, without the necessity of obtaining the consent bt' Issuer or Obiigor: provided, however, that no such assig~urncnt or rcassiD"u'nent shall be effective and binding on Issuer or Obligor unless and unffi _~ Issuer or Obligor shall have received notice of the assiDu'nent or reassii:u'ncnt disclosing the name and addr;ss of the assign~ or sul:r~.~ ~ this Ma.~er Financing Agreement_~ and/or and A..?ctment ~d the fi.~ht to receive Payments and the FSrc~ayment !~ice from Obtieor only to an a.~liate of Lender or a related entity v, hose common stock is dtremlv or indirectly controlled by an ~ilm~ of Lender. {ssuer and ObLigor azree to execute all docm-ncnts, including notices of assignment and ch~,~,: .... .~._~-': ~'."~----~-~::'~. ~ ~nts. which may be reasonably requested by Lender or its assi~:nee to protect its interest in the Equipment, t,'~l~li~'ag ~ ^lFccm ent and fl~c ^~recmcms. / NO._ ,:., ~ ," ~'[ ~.~LL(L2. ' ' . This E~S OF DEFA~T ~ A~: c~ may ~; ~ Sub~im~ ~; or rtquit~ Obligor to assemble the Equipment ai a place reasonably convenient to both Lender and Obligor. and use or operate the Equipment for the purpose of pre-tying it; (c) take possession of the Equipment whcrm, er si~ated, without any courl order or other process of law and~]~ withc~a liabili~ for entering the premises, and sell any or ail of the Equipment at a public or private sale, or other'~isc dispose of.'~' hold. us~. opc~te. ~ or subleas~ to others or keep idle the Equipment. with lO days' notice to Obligor. all free and ckar of any rights of' Obligor and Issuer, pro.4d~t thai my and all such actions b~ taken in a co~-nercially reasonable maracr. proceeds from such sale, usc, op~-afiott, kase or othcr disposition to bo applied in the following rnanncn. FIR.gr, to pay all proper and rmsonablc costs md expcr, ses usoc~ed with the recover,, repair, s,.orage and sale afthe Equipmmt, including r~sonable attorneys' fc~s and expenses: SECOND. to I~y (i) Lender. the atno~nt of' all unr, gd Payments, if any. which ~re then due and owing. ~c'a'x,r with Payments as afor~xia3, plus a pro rata allocation of intert~ m the r~ utilized to establish the intert~ component for the Payment next duc Ixu'~m':t to thc applicable .Schedule, fi'om the nex'Z precedinI due da~ of a Payment mill thc date of payment b.v the buyer, (iiq to the United States any rebatable arbitrage due or accrued pu,"~xnt to Section 145(.f')(4) of the CocJe. and (iv) tn Lender and L',suer an:t other amounts due her~m~, includin~ indemnity, payments, reimbursement of any aOvances. Addifio~tl Paymen~ and other ~mo~s payable to Lender or list;er herrumder; and 'I3{I]LD, to pay the remainder of any such proceec~, purchase moneys or other a. mounts paid by a buyer of Equipment or othcr per,or,., to Obligate, proceed by appropriate cm.trt ac~on to enforce performance by Issuer or Obligor of the applicable covenana of this Ma~er Financing A~'~crnent and the Ag:rex-menu or to recover, for the br~ach thereof, including thc payment of all anaotmts duc fi.om Ob;igor, in which event Obligor shall pay or repay to L~.der all cos,.s of such ac:ion or cour~ action includuag without limitation, reasonable attorneys' fees; and (c) take whatever ~fion at law or in equi~, may ~ppea,° nece:sar} or clcs~'ab;e to enforce ~ts rig.~ts with respe:t to thc Equipment. in which event Obligor shall pay or repay to tender an~ Issuer all costa of such action or cour: aelio~ inclucling. without limitation, reasonable at:orneys' fees. Notwiths',andlng any other, remedy exercised her~nder, Obligor shall remain obligaied to pay to Lender any unpaid To thc extent permitted by. ~plicabl¢ law, Obligor hereby waives any rights now or her~fter conferred by mtute or otherw~ which might requir~ Lender to use, sell. leaz, e or otherwise dispose of any F.~ipment in mMgation of' Lender's damages or which might otherwise limit or modify any of Lender's rights hereunder. All of Obligor's right, title ~d interest in any Equipmen! the possession of which is taken by Lender upon the o¢c~u'r~nce left an Event of Default (i~c[uding, without lim/~ion, consw.~ction conlracts, warcamies, ~ties or completion ass~-~mces applicable to such Equipment) shall pass to Lender, and Obligoes rights in such Equipment shall termina:e izrcncd~tcly upon such repossession. Sea'ion 9 03. ~l~I~..~,~:~. Upon an Event of Default or as otherwise r~quired herein or in any A~,'eement, Obtigor shall within ten (10) calendar days after notice fi'om Lender, at its own cost and expense: (a) perform any tesr~g and repai~ rr'4ui~.4t to place the Equipment in the condition r~quired by Article VI; Lb) if d¢i~lallation, disassembly or crating is required, cause the F~luipment to be deinst~lcd, dL~ssembled and md by an authorized manufactures representative or such other service person ~$ is sa~aclz~ to Lender;, a~d (c) 6eliver the Equipment to a location specified by Lend,er, fzzight and insurance prepaid by Obligor. If Obl[tor r~fuses to deliver the Equipment ia the mariner designated, Lender may. enter upon Obligors premises where the Equipmem is kept ~ take possession of the F. xtuipment and charge to Obligor the costs of such tak~ Obligor ber~by ~1¥ waives any datm~es occa$iom:d by such taking. In the event ~ Obligor ma~es modifications to · site after any F..~luipment has been in.s~lled therein and such impede the removal of the Equipment, the cost of removing the impediments and restoring the site shall be thc sole expense of Obligor. Section 904. ~l:N_..~ll~. No remedy herein conferr~ upotl or reserved to Lender is intended to be excMsi~ every a~ch rl~nedy ~l be c~l~ulativ-~ and sh~lI be in ~klition to every other rz~nedy given under this Mas.er Fir~ncing A$~ma~az or now or here. after existing at law or in equity. No delay or omission to exercise any fight or power accruing upon any Event of Dl~ault shall impair any such fight or power or shall be coma'ued to be a waiver thereof', but any such right or power m·¥ be exercised to time and as oflen ~ may be deemed expedient. ~ order to entitle Lender to e~ercise any remedy reserved to it in this Article. i~ s:ball not be neeessar~ to give any notice other than such notice as may be required by this Article IX. All remedies herein conferred ~ or reserved to Lender sh~ll survive thc termination of this Master Financing ^ga'~?ment. Section 9.0~. Lale C'hm,-~_c: lntert~ on Late PawnenL Axly Payment. Additional Pa.vments or ot to or for the benefit of I~nder hereunder and not l~id by Obligor on the due ~te thereof or mounts ad, 6.07 shall, to the exzent permiss~le by law, bear a Laze ch~ge equal to five percent (5%) of thc an' Additional Pa.wnenu or other amounts." 116115 19 ARTICLE X M2SCELLA~¥EOUS Section I0.01. Disclaimer of Wzrram~_~. LET/DER AIqD ISSUER MAKE NO WARRANTY OR REPRESENTATION. EITI'IER EXPRESS OR I]V~PLIED, AS TO THE VALUE. DESIGN, COM~PLIANCE WITH SPECIFICATIONS, QUALITY OF MATEKIALS OR WORKMANSI-EP, CONY)I'I'ION, M~ERCHANTABLLITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPY'R/GHT I~TRINGEMENT. TITLE OR FTI'N'ESS FOR USE OFTHE EQU[PM~'4T, OR ANY COMZPO~ TI'~REOF OR ANY OTI4~R WARRANTY OR REPRESENTATION, EXPRir.~'~ OR I~PLIED, 9/IT'~I RESPECT THERETO AND, AS TO LE?~rDER AND ISSLrF. R. OBLIGOR'S PURCEASE OF TEE EQ~T SHALL BE ON Ab/"AS IS' BASIS. All such riska, as between Lender, L~uer and Obligor. ~.-~ to be borne by Obligor. Withou~ limiting the foregoing Lender and Is.suer shall have no responsibility or liability to Obligor or any other ~ with rtspec~ to aaa), of thc following: (i) any liability, lou or damage caused or alleged to be cmu~l directly or indirectly by the Equil.'menL any inacle~ thg'reof. any deficiency or detect 0a~ent or otherwise) therein, or any other circum..q~¢es in connection therewRh: (ii) the ge. ~ or performance of the Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anfcipated prtnSu or consequential damages; or (iv) the delivery, operation, st'tricing, main:enance, repair, improvement or replacement oft~e Equipment. If, and so long as, no default exisu under an Agreement. Obligor shall be, and hereby is. authoriz.-.d during the term bran Agrmment to as~en and enforce, az Obligors sole co~ and expense, fi.om time to time, wha:ever claims and rights Obligor or lender may have againsz the Vendor or my prior title holder or possessor of the Equipment. In no ~ent shall lender or Issuer be liable for any loss or darnage in connection with or arising out of any Agreement or any Equipment. ~,.~._I0.0_"-..y~. Obligor shall a~en agains: Vendor bom ',g'ne to time what~ver claims and rights, including wazranties of the Equipment. that Obligor may have with respect to the Equipment. Obligors sole re'reedy for the breach of any such warranty, inderrmiflcat~on or representation shall be against the Vendor of the Equipment. and no~ again~ either or both of Lend~ and Issuer, tJor shall such ma~er have any effect what.,,orver on the rights and oblig~o~ of Lender with respect to thLs Mas,er Fkmacing Agreement. including the right to receive full and timely payments under this Master Financing Agreement Obligor expressly acknowledges that in Lenders capacity, as lender hereunder Lender makes and Issuer. makes, and has made hereunder, no repr~-z:ation or warranty whatsoever as to the existence or availability of such wananties of the Vendor of the Equipment Se~or~ 10.0~. Limirarions of [iab?[i126 In no event, whether a, a result of breach of contract warranty, ton Cmc..t~ing negligence or s~rict liability), indenmity or otherwise, shall Lender,/ts assignees, if any, or Issuer be liable for any special, consequemial, ~ll~ncidental or penal damages including, but not limited to, loss of profit or revenue, loss of use of the Equipment or any ~ed · - ~-~;. ~,..m~. s~rv~ces or replacement power, dowel time cos:s or clairns of Obi;~vr's ~ or constituents for ~uch datnages and Obligor t~all indemnify and hold harmless Lender, ~ a.~ignets, if any, and Issuer from az~ ~uch damages. Sectio~ I0,0,~. Additional Pavment~ Obligor shall pay to Lender, as assignee or Issuer, the following Additional P'ava~ts hereunder, in addition to the Pa~nent~ payable by Obligor. such amounts in each yeaz u shall be required by Lender m pa)Tnem'~ny reasonable cor. s and expen.ses: incurred by Lender in connection with the execution, performance or enforcemem of tl~ Mas~er Financing Agrtemem or any Agreement, thc financing of~e Equipment. including but not limited to payment of all reasc.-.able fees, :os'u and expenses and all reasonable atiminL~'trative corn of Lender in connection with the Equipment. reasonable expe.':~es (inctadi~g. without limi~ion, aztomcys' fees and dLsbursernen~), reasonable fees of auditors or at~rneys, insurance ~,~ea~iuras nm othen~ae paid hereunder and all other reasonable, direct and necessary adminis:rative cosu of Lender or charges required to be paid by k in ozller to comply with the terms of. or to enforce its rights under, tach Agreement. Such Additional Payments shall be billed to CYoligor by ~ fi.om time to time, togr, her with a statement certifying thaz the amount so billed has been paid or incurred by Lender for one or mm~ of' the items descn'becL or thaz such amount is then payable by Lender for such items. Amounts so billed shall be due and payable by Okli~or within 30 days after receipt ol.the bill by Obligor. Section I0 0_~. Notice~, All notices, cerfifica~, requegs, demands md other communications provided for hereunder or ruder an Agreement shall be in writing and shall be (a) personally deliverect, Co) sent by registered cl~ United Stazes mail. (c) sent by courier of national reputation, or (cO tr'a.r~nitt~ by telecopy, in each case adcLressed to the parr)., to whom notice is being given al ks adcLress as set forth above ancL if telecopied, transmitted to that party at its telecop~er number s~ for~ above and confu'med by ~ti~e az the telephone number se: forth above or, ts to each part,/, az such other adctress or telecopier number as may hereafter be de~ig:,, _,~4_ by such parry in a written notice to the otl,er parry complying as to delivery with the terms of th/s Section. All such notices, reqsnts~. demands and other communicazions shall be deemed to have been given on (a) the date received if personally delive~cL deposited in the mail if delivered by mail, (c) the date sent if sent by overnight courier or (d) the date of transmission ii' de~ivengl tLv !elecopy. Il'notice to Obligor ofan)~ intended disposition of the Equipment or any other intended actil ~ ....;--~ ~-.. ~ ....~ ms:~ce., such nodce shall be deemed commercially reasonable ifeiven/'in th ,~.~, ..... :~.'--~ . .... :~L.--- z-;L.~,r~-~ Pg. ,.:~ c-T Scion ]0~0~. S~e~hi]i~. ~ ~e ev~t ~y ~v~ion of~is ~ F~c~g A~t or ~y A~t ~1 ~ hc~ ~valid or ~enfo~e~le by ~y co~ of com~t~t j~i~o~ ~ch hold~g s~ll not ~valid~e or prov~ion si~e~ by ~e p~es h~, ~d ~ ~ch walv:r, co~L m~fi~ ~ ch~ge ~ ~ afl. ye ~ly ~ ~e ~i~c ~ce ~d for Pa~:nt Request Fo~ a~ched m ~ ~ow A~cment ~ ~bk A ~e~d by Obl~g~ ~d L~d~. ' co~tc~u, ~h of which shall ~ ~ ohg~ ~d all of which ~al{ ~m~e one ~d ~e ~c ~t md'~v of~e may execute ~is M~. F~c~g A~mmr by s[~{ng ~y such co~t~ pmHd~ ~at only cbc ofighal or ~ M~ Fronting A~ctmcn~ or ~y Schedule m~ed '~g~a/; I of 4' on ~e execmion page d;~ofs[all con~im~c chant} Fap~ ~dcr ~e L'CC. ~~' ~. ~im M~:cr Fh~c~g A~emmr ~d tach A~mcnu ~al/~ governed by ~d azcord~cc wi~ ~e laws, cxclud~g ~e hwm relat~g to ~e choice ofhw. of~ S~te. Section 10~, ~. L~ ISS~R A~ OBLIGOR ~BY WAIVE ~IR ~SPE~ ~GHTS TO A I~Y ~L OF A~ CLA~ OR CAUSE OF A~ON BASED ~N OR ~S~O O~ OF, DI~y OR A~ DEAL~GS A~4ONO L~E~ {SS~R OR OBLIGOR ~G TO ~ SL~ ~NSAC~ONS COh~~D BY ~IS ~S~R ~ANC~G AG~Eh~NT OR AN~ ~D ~NSA~ONS, A~/OR ~ ~ONS~ ~T IS BErG ~T~LIS~D AMONG LE~ ~L~R~ A~ OBLIGO~ ~ SCOPE OF ~S W~ER IS ~ED TO BE ~L ~CO~ASS~G OF A~ A~ ALL DISPL~ ~T ~Y BE F~ED ~ A~ CO~T ~CL~G, ~O~ L~A~ON, CON~ C~IMS, TORT CLAIM, S.~ B~ACH OF DD~ CLA~S A~ ALL O~R CO~ON ~W A~ STA~TORY C~S). ~S I~V~ABLE, ~A~G ~T ~ ~y NOT BE MOD~ E~ O~LLY OR ~ ~G, AN~ ~S ~'~R S~L APPLY TO A~ S~SEQ~ ~~, ~WA~, S~PLE~S OR MOD~CA~ON'S TO ~S~R F~ANC~G AG~E~, ~ AG~E~. A~ ~D ~, OR TO ANT ~R D~TS OR AGrEeS ~LA~G TO ~ ~NSA~ONS CO~LA~D BY ~S k~S~R F~'~C~'G AG~E~T OR AN~ AG~E~ OR A~ ~LA~D ~NSA~ONS. ~ ~ EV~ OF L~GA~ON'. b~S~R F~ANC~'G AG~E~ ~y BE F~ED AS A ~ CONS~ TO A ~ BY ~ COL~T. ~. ~. ~e captions or hcad~gs ~ ~im M~. F~c~g A~ccmcnt ~ for convenience only ~ ~ ~ way deflme, {~ir or dcs~bc ~c ~o~ or ~ent of~y prove/om or sc~{o~ of~ M~cr F~c~g A~ccmcnt. ~' ~ ~is M~ F~c~g A~L toge~er wi~ Schedules ~d ~c hereto ~d ~--.o, comtim~s ~e ~r~ a~em~t ~ong Lmdc~ I~uer ~d Obligor. ~.e ~ no ~de~dhgs, rcprcsen~om ~ w~fiem. ~ or ~plie~ not s~ci~cd h~ or ~h ~g~dhg ~im M~ F~cmg · e m ...... -~- ~,m u;u m~. rm~cmg A~t or ~y A~t which ~ ~ ~dition to or ~co~ wi~ · e t~s ~d condltio~ of~ M~ F~c~g A~eemmt or such A~t will not ~ b~d~g on Lmd~ ~qd will not ~ m ~is M~tcr F~c~g A~mt or ~ch A~enL Scion 10-1~. ~. L~dc~m ~ I~u~s f~l~ to ~fo~e a ~y ~e or for ~y ~ of~c ~y pmv~ion F~c~g A~e~t ~ ~ A~ent ~l not ~ co~ m ~ a w~v~ of ~ch ~vBion or of ~e h~t of L~d~ ~ ~ucr · crc~r to cnfo~e e~h ~d ev~ ~{ou. No ~p~ss or ~pIied w~v~ by L~d~ of my default or ~edy constitute a waiver of~y o~cr default or ~e~ of default or a waiv~ of~y of Lend~s · ~;~L..L0.~. ~. All of he limitations of liability, inden~ides and waives A~e~cn/ or ~ A~c~t shall cont~ue ~ ~]1 f~e ~d effe~ no~i~d~g ~e exp~ion F~mc~g A~ement or ~ch A~ ~d ~e ~p~]y m~e for ~e ~efit of. ~d sh~l ~ en · e~ succe~on ~d ~si~s. 116{35 21 [REMAIN]Z)ER OF PAGE INTENTIONALLY BLANK; EXECUTION FAOE FOLLOWS.] '¸0 EXECUTIVE SUMMARy APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE ttEARINGS ~: To appoint 3 members (County Commissioners) and 2 alternates to s~'ve on the Value Adjustment Board. (This board was formerly 'known as the Property Appraisal Adjustment Board; the name was changed by Chapter 91-I 12 of the FL Stat.) CONSIDERATIONS: Each year 3 Counl3, Commissionen and 2 School Board members are chosen to serve on th~s Board to hear appeals on property appraisals. The Property Appraiser's Office is targeting August 15, 1977, as the mailing date for the assessment notices. The actual mailing date will det¢iii~rle the time period in which the hearings must be held. Based on the information we have, it is suggested that tentative dates for the hearings be established as Wednesday September 24, Thursday, September 25, Friday, September 26, and Monday, September 29, 1997. The hearings will begin at 9:00 a.m. By law, these hearings must be scheduled prior to September 30, 1997. The deadline to file appeals is Tuesday, September 9, 1997. .~[,~.~T: NONE GROWTH MANAGEMENT IMPAC'~: NONE RECOMMENDAT/Q]q: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Administrative Assistant to contact the School Board to reques~ the names of their representatives, and tentatively set Wednesday September 24. Thursday, September 25, Friday, September 26, and Monday, September 29, 1997, as the hearing dates for the Value Adjustment Board. Prepared By: Sue Filson Date: August 26. 1997 AUG 215 Lq,q7 Pg.__ / - ~: To ~poim I member to serve a 4 yea' term, expMng on May 21,2001, on the Utility Au,.hofity. CONSIDERATIOP~S_: This 5 member council was ~s~ablished on Febraary 27, 1996, by Ordinanc~ No. 96-6' to regulate u',iLity ra~es and rcla:ed matters regarding non-exempt water and w~'tew~t~r utilities in ~ Collier County. Three members shall be technical in nature, with eXl~ni~ in engine~ing, ffmmce and/or business adminismsrion. Thc remaining 3 members shall be appointed on ~ basis of iz~lividual civic pride, integrity, and experience in any ar~a of regulation. Members arc. required to file a Form I Statement of Financial interests each year with the Sul:~-rvLsor of Elections. After initial ~taggcred term.% r~be ~ arc 4 years. A li~ of the current membership is included in the b~ckup. A press release was issued and resumes were received fi'om t~ following 2 in~ citL~cns: Joseph A. Mandy (Professional Engineer) yes James N. Coletta, Jr. (Business Administration) 5 yes COMMITTEE RECOMMENDATION: A memorandum was received from staff advising that both applicants are qualified to serve on the Authority. (Attached Page 2) FISCAL IMPAq: NONE GROWTH MANAGE~'VrENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners coasider the rccommcndation for appointment, appoint I member to a 4 year term, and direct the Count7 Attorney to larepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: August 26, 1997 TO: FROM: DATE: MEMORANDUM Sue Fllson, Ad_m!pis~rnflve Assistant, Board of county Commissioners Bleu Wallace, Utility Regulation Manager and Executive Director, Collier County Water and Wastewater Authority Appointment to Fill One Vacancy on the Collier County Water and W~tewater Authority ,Inly 2S, 1997 I have re~'iewed the requ~'ts of applicants seeking at~)ointrnent to the Collier County %Vater and W~-t~w~er Authority. While qualfficatio.~ ~ ~u-n~'~z~l below, no r~commendation is made herein. The Authority consists of three technical ami two hy mernlx'rs. The vacancy to be filled is for a lay member with thc expiration of Mr. Sc. oR French's initial mrn of one (1) year;, subsextuent term for this Itppointment will be for four (4) year~. On July 22, 1997, the Board of County Commissioners amended Section 1-3, Ordinance 96-6, modifying criteria required and pr~ferr~ for appointment of applicants to thc Authority. An exw~ of amended Section 1-3 is attached. APPLICATION S~S: Joseph A. Mandy - Professional Engineer with extensive water/wastewater utility backgronnd; resides In Golden Gate area (District HI) within Florida Cities Water Company's recent expanded service territory, but is not yet a customer of Florida Cities. James N. Colettx, Jr. - Business admlnbtrntion and construction background; applicant resides in Golden Gate area (District V) outside the Florida Cities Water Company's set,ce territory with a business that receives utility service from Florida CRies; very active in civic associations and governmental programs. It is sta~s opinion thai both applicants are qualified to serve on the Authority. NO AU6 26 E. Members of the Autbority. The Author/ty shall consist offive (5) members appoim~ by the Bo~rcL Three (3) members shall be, technical members, and two (2) merabera shall be lay member~. Applican~ who are cu.~,omer~ ora regulat~ utility ~hall be preferred. The Board, collectively, shall appoint all members. More than one (1) member may be appointed from the same area of expertise. No Board member has any individual power of appointment. 1. Each techrdcal member shall be appointed based on in~vidual expertise i~ one {1) or more of the following areas: (i) Engineering: with experience in wa~er and sewer systems; (ii) Executive experience in finance, accounting, rate-making, and/or utility regulation; or (i/i) Bu~ine~ ~rn/n/~rat/on. The lay member~ shall be appointed on the basis of individual civic pride and integrity. Applicants with experience in ~my area off, levant utility service and management, rate-making, utility re~/ation, or other ~'ndeavor~ will be considered by the Board to be beneficial to the proper functioning of the Authority. Lay members may be appointed from the same an~ of expertise as technical member~. AU6 2 6 Utility Authority l~' ork Phone ~ppt°d l~ome Phone Da~tRe..appt Robert C. 7065 Dennis Circle 103 352-021; N~tp]es, FL 34104 Diro~: 3 C~e~o~: ~ve ~g~e~t ~c~ F. B~ M~o I~lm& FL ~414~ Sco~ L. F~ch 4181 30~ Aven~, S.W. 45~-~8g Naples, FL 341 D~i~: 3 C~go~: CMc ~de Nene L Spa~ 3850 27~ Avenue, S.W. 45~2~68 Naples, FL 34117 D~trict: 5 Ca/ego~: Tec~i~ George J. Scroll 829 Blue~ Co~ M~co Is[m~ ~ 34145 Catego~: 0~16/96 Exp. Date 7erin 2ndExpDme 2nd Term 05/21/96 05/2!/99 3 Years 05/21/96 05/21/97 I Year 05f21/96 05f2 I,'99 3 Years Technical/Business Aclm~sl:r~on 05/21/96 05/21/00 4 Years This 5 member authority was established on February 27, 1996. by Or:llnance No. 96-6 Io regulate utility rates and related rnattem regarding noe~.exempt wat~' and w'astewater util~e~ in unincorporated Collier County. Three membem sttall be technical in hat,Jrt, ~ ex'~ertise in engineering, finance and/or business aclmini~:ration. The remaining 2 memt3e~ $11all be appointed on the basis of indivMual civic pride, integrity, and ext3edence in any ama of regulal~on. Members am t~quimd to/tie a Fo~n 1 Statement of Financial Interests each year with the Supervisor of Elections. Terns am 4 yearn. Staff: ,~. ~e A~atant to um ~,~n~ty ~ 774-8o~G~- AUG 2 Pg. ~ MEMORANDUM DATE: July 24, 1997 TO: FROM: Vinell Hills, Elt~ions Ot~ce s~~,~ Sue Filson, Admi~,is'tmtive Assi Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's adviso~ committees. Please let mc know if those lixted below aze registered voters in Collier County. Also, please list the commission district in which each applicant resides. ~TILITY AUTHORITY .~_OMMI SSION DISTRICT Joseph A. Mandy 6280 26~ Avenue, S.W. Naples, FL 34116 James N. Coletta, Jr. 3460 17~ Avenue, S.W. Naples, FL 34117 Thank you for your help. AU6 2 6 1997 DATE: TO: FROM: July 24, 1997 Bleu Walla~, Utility P, egub~.on Board of County Commissione:~ ~ - ' Ut/lity Authodty As you know, we ct=remly have I vacancy on the above-referenced advisory committee. A lX~ release was issued requesting citize~ interested in serviag on this committee to submit a rt'xume for consideration. I have =uched the resumes received for your revie~v as follows: Joseph A. Mandy 6280 26' Avent~, S.W. Naples, FL 34116 James N. Coletta, Jr. 3460 17* Avenue, S.W. Naples, FL 34117 Please let me know, in writing, if the at:rplica== az= qualified to serve aa mt~nbtrs on the board, and I will prepare an executive summary for the Board's consideration_ Please categorize the applicaats in areaa of e~pert~e. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA_IT, ll Nc) o~ AUG 2 6 1 97 July 10, 199'/ Ms Sue Filson Admin. Assistant Board of Cc.nty Commissioners Collier County 3301 T~'ni~,2 Tr~i E Naples FL 34112 '2' Re: Advisory Position Collier Count"/Utility Au~ority Dear Ms. Filson. This letter is in response to the advertisemcnt for a position on the Hve membcr Utility Council. I have recently retired and would like to be considered for this position. Attached is my resume which shows that my backsround has been entirely in municipal water and sewer. I am familiar with and have some experience in utility rate structures, bond iasues. and of course the engineering concepts involved in sewage and water projects. Sincerely. Jo.~-'ph A. Mandy 6280 26th Avenue, SW Naples FL 34116 ,',/?~" ph: 348-0806 t~ ~ ''~ .~..~.~C~ ' AGENDA ]TE.~ No o~ AUG 2 S IOS£PH A. MANDY 6280 26~ ~'*~ SW · N~. FL ~4! 16 · T~. (94D $~0806 PROFESSIONAL D£SIGNATION n Rt~s~red Florida Prof~ssional Engfnter License No. P£ 1198 ! · Licensed spcctaJ .~ £n~in¢erin$ Con.ac:or. lC Plant ConstJumon EDUCATION ~;4 UNIVE~iTY EXPEKIENCE UTILITIES S£RVICT. S. INC.. PoMP~¢O B~CH FL ~ M~agm-fiam 1982 m 1997 £nginc~t with Construction company specializing in the municipal water &. ~ter BelcL Projec~ ma~ager-~ con:acts, chan~e orchid, equipment submittals, purchases. ~rcct contact with ti? cngtr~Jtr~nce dlrec*~rs, and on ~,ion formally address council chambers. Direct ccpericnct with pctsom~el cfi mar~. of thc local Civics throughout Browant & Palm Beach Counties. Change Ontcrs oFam ~sult_-xt in conu-actor design work. CITY OF CLE.ARWA~ CLEARWATER.. FL A~tST, uYr ~ Dt~CTOR-FRO~ I950.1982 ~~G ~0~ PRY ~q~. [~OL~D ~ ~~G ~ D~IGN OF N~Y ~CO~ ~. O~~ ~NG WA~ ~ODU~ON. W~WA~ ~~. ~ SL~E D~ S~. ~S~RT CO~S. ~C. PENCOAST ENGINEF..RZNG CONSULTANTS, PEN~.COL~ FL PRO/ECT E,'vGtNF. F.Z- FROm 1972-1980 D~tGN ~ ~ NT.W SEWAGE Tg,~ PLXNT FO~ ~CO~ B~. D~GNED ~O e~ CO~OS ~O ~~ OF ~G ~omo~s. ~ ~ous s~'Ac~ ~ ~oss. CITY OF PENSACOLA, Pr~s~,cot.a FL SU~,EXtNTF. tVDF. NT OF SEW'E~S-F~OM 1967-1972 R~PONSmLF. FOR DAY ~ ~V ~ONS OF ~ C~S SE~E ~ ~1~ CONSI~ OF 5 ~~ ~. ~ ~ STA~ONS. 15 MGD. ~O 88 L~ OIGLLOOSA ENGI~T. ERING CONSI.rLTANTS. CRMTvlLrw FL D~.qrc;N E. vc;nv~.R - tao~ 1962-1967 KF. SPONSL~LE FOR DMIGN RND Prr~.M~ ~ I uqG OF SEW'r.R AND SOUTH CAROLINA H'IGHW'AY DEPARTM.ENT. CtiMU.F-TTON SC FtF..t.~ ,EvC;Ztc~.~-t~Om 1961-1962. INSe~C'F~ ANO ~ OUT S~.CONO~¥ I,.OADS. s'ro~ AUG 2 6 1997 Pg.~ eG:z4 l~ooor~ble Tim L. I~:~:k ~ ]k),trd ot Coi~r Count~ Commb~n~,~ ..,~t~1 UJ. 41 East Ntpl~ FL 34112 ! ~b~ to apply f~r tbs adve'lbsd ~ ea the UtfJt'y Contubslon. Z have Ilv~d f:mf been a.u dec,or la ~ II~ tr~. tim pusst L3 yuma sad have awned and olxrntod my Ixtsfness Crotde~ C,~ Rfu~-AI! In dlso~ ~ (C,~dea Gate CI~) ~/]0/1~7 08:24 I~TF. OF BIRTH: I~AM1LY: C~ILDR£N RESIDENCY: EDUCATION: MILITARY SERVICE: EMPLOYMENT: JAMES N. COLETTA, JR. Golden Oa~, F1orld~ 34117 i~el) 455.7112 ,q~ame! t (ia1) 4~.4117 (buM~l t (~11 PERSONAL HISTORY Oc~r ~,4, 1~42 PaG;: 83 Marrtecl M~rv ~nn Pl~ O~ober 23, tgi. Oirectar of Nur~ng for Ho~_oi~e ofNa~le~l ItT~rr grenO~, 27 year~ old 1~ - lg84 104 8~:~n3n Hill ~ ~, - To pr~,.~ t~ AYe. ~ Notre C~me High Scho~. ElmirL N.Y. Graduated t961. Coming CammunKy Co(leg~. Coming. N.Y. Al~nded 1.~1 to 1~J~3 TO lS6~ 11~47 Ordinance 3mpply Army Res~rv~J. 1967 TO 1D~4 Owner I Manager e~ Parn~f Feed~ in Elmira. N.Y. t Sa4 to lS~ Assi;tant Manager for Tay~r Rental M Nalale~ Fl. 1 ~ t~ present; Owner I Manager of Galaen Gate Reflt-~ & Salee Inc. AFFILIATIONS e lMM~KAL EE OE'VEL OPMENT' SERVICES. Have servect on the Boara oe Olmc~r,J h~' ~/~'n~/re/ee ~)ey~ ~Y~'~z [I.D.S.)smc~ f~e'5. I nave ~(~ me pos~on of V~ce-pr~.tldent for t~e pas~ s~x years. LD.S. I~ cemmm~ to cna devmc~ment c~ men,any cnaaengecl a~u~. Mo~t of our cSlet~ come from mtgmnt farm familiar GOLDE~ Gate SU$INES$_~$$OCL47TON'. Gate AR~4 CHAM~F_R OF COMMERCE: as P~eident o(the C~,ambar ~g,~.l~.. GOLDEN Gate aREA ~ ~.S~OCIA TI;IV; Fir~Jmnea ~n 1~14. At pr~ I am on t~e ~anl ef f~rst )ome~l in 1~0 an~ ~ ~ a con~m,m~a.I rnem~". ~ eS 4~' ~ ~ IMMOKAz~& CiY?C A~.q~OCM 1'tON: Helping to found ~L~ new ~ as.t,,octatton. Serve on ~ I:mard M ctimc~m~L Jolnecl ,'Tie Goldlrl Ga~ C~UD III 1S"J3. Serve oll o AGENDA JT,&t4 - Nc) o~ AUG 2 6 1397 H~v~ glvnn aSZJs~3nce In fun4 raising over G~o I~l~ ye&r. ~ O~n ac~e In B~e ~ f~ mmr flft~n y~ar~ lifi~o ~e ~nK ~f Eagle w~ m eco~r for thr~ ys~s wa~cing ~ dl~r~n~ge bey~ In 1~, el~n~ with ~..~li~, 8qe Me~[ ~ ~ hell, ed ~ ~lisn Our ICr41 ne~l~lpa, Nimea C~alrpe'~nn of cammr~me. T~rough numerous pum~: meellngs 1~11 commll:r.,ae wis successful IA ;)fmlflJng ou~ ~e flJ~uf~ 13ncl use for ~e GakMn GeM irul. AGENDA lT/d~l AUG 2 6 1997 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TC~ AIRPORT AUT~O~ ' ~: To appoint 4 memlxrs to serve 4 year terrns, expiring on August 10, 2001, on the Airport Authority. .C.~NSIDERATION$: ~is ? mem~r au0~ority w,s ~t~ on J~e 22, 1~3, by ~d~ No. 93-36. M~ of ~e Auth~ ~11 ~ ~i~ of Colli~ C~ w~ ~s sbili~ ~d ~ ~ one or m~ fi~lfl~ which, by way of ~ple, may ~elu~e, ~t ~ n~ l~ed ~, gm~l ~, ~ic d~el~m~ aviation, ~blic affa~, ~w, ~, ~t~ ~g~ n~i ~u~ c~ati~ or ~h~ ~ fields. ~e shall ~ ~ I~ ! mem~ of~e A~c~ ~ ~ ~h of~e c~i~ of l~okai~, M~ hl~d, ~.d Ev~Elad~ Ci~ ifa ~lified ~didate who ~i~ w~ ~e ~ive ~ ~ n~ilable f~ ap~t to ~e Au~. No ~n hold~g clewed o~ g ~e S~, Count, ~ Munici~ i~el ~11 ~ ap~imed to. or ~ a m~ of, ~e A~ofi~. M~ mu~ file n F~ I S~t~ent of Cm~cial ln~ ~h ye~ wi~ ~e Su~i~r of El~ions. A list of the current membership is included in the backup. A pre:,s release was issued and resumes were received from the following 4 interested citizens: APPLICANT pi.STRICT IELECTO!~ Stephen L. Price (re-appL) Emes! Spinelli (re-appt.) Monte Lazarus (re-appt.) Richard W. Anderson (new appt.) yes yes yes yes COMMITTEE RECOMMENDATION: All applicants are qualified for appointment. FI,SCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 4 members to serve 4 years; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: August 26, 1997 AGENDA .o. AU6 26 ~/ COLLIER COUNTY AIRPORT AUTHORITY MEMORANDUM TO: Sue Filson, Admlnlslxafive A~~ FROM: John H. Drury, Executive Di~or~ DATE: July 29, 1997 SUB J: Airport Authority The applicants you sent to me for my review appe~ to be qualiEcd. Per your request I have categorized them az follows: Mr. Price l~r. Spinelli Mr. Lazarus Mr. Anderson Financial and Aviation (Pilot) Engineering and Aviation (Pilot) Legal and Aviation (Airlines) Military and Aviation C~Vorking on Pilovz License) No ._ / ~";' AUG 2 G 1997 DATE: TO: FROM: MEMORANDUM July 21, 1997 Vinell HilLs, Elections O~ce Sue Filson, Administrative Ass'm~ Board of County Commissioners RE: Voter Regis'o-ation - Advisory Boa.--d Appoimmmts The Board of County Commissioners will soon ~onsider thc following individuals for appointment to one of the county's advisory e. ommitto~. Phms~ let me lmow al'those listed below are registered voters in Collier County. Also, please list the commission district in which e~:h spplicaat rrsides. AIR.PORT AUTHORITY COM~SSION DISTRICT Stephen L. Price Highway 29, South Immokalee, FL 34142 Ernest Spinelli , . ,~ ../ ,.~ 106 Tuscana Court #703 ;/aAx~'~ Naples, FL 34119 Richard W. Anderson P.O. Box 337 Irru'nokalee, FL 34143 Monte Lazarus 985 Birch Court Marco Island, FL 34145 Thank you for your help. NC) AU$ 2 $19 7 pg. ~' .. Airport Authority Work Phone Appt'd Home Phone DattRt-appt Exp. Date 2ndE~Date 2nd Term Neno I. Spagna 3850 27th Avenue, S.w. Naples, FL 34117 District: Category: Planning/Zoning Herbert It. Notch Box 299 Chokolosk::, FL 34138 District: 5 Category: Aviation Ernest Spinelli 106 Tu~cana Court, #703 Naples, FL 34119 District: 3 Category: Michael Williama P.O. Box 413005 - 334 Naples, FL 34101 District: 4 Category: Marketiag/'Lo~sti~ MOMT George W. Ban,:m 1155 Sandpiper Street, Su Naples, FL 34102 District: 4 Category: Financial/P!a;_nlng Stcphcn L. Prie: Highway 29, South [mmokal~, FL 34142 D/.m./"~o Category: Pilot/Busiaez.mmn Monte Lazarus 785 Birch Court Marco Island, FL 34145 Dh'tr/ct: I Category: Attorney 455-2169 695-2815 353-413,8 O8/10/93 11/05/96 08/10/93 08/10/97 08110/99 08/I0/97 08/10/93 08/I0/95 5C:~-3374 8/15/95 08/10/99 08/10/93 08/10/95 732-1288 8/15/95 08/t0/99 6574171 08/10/93 02/15/94 394-4104 08/10/97 08/10/97 4 Years 3 Years 4 Y~x~ 2 Yea~ 4 Yearn 2 Yeax~ 4 Year~ 4 Year~ 3 Year~ ./ ,/ AU6 26 '1997 Airport Authority F,/ork Phone rippt'd Ex~. Date Term iVame Home Phone DateRe-ap£t 2ndExpDate 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of e×ample, rr~y include, but are not li~ted to, general business, economic development, aviation, public affairs, law, finance, accoun~ng, engineering, natural resource conservation or ot~er related fields. Them shall be at least 1 member of the Authority appointed from each of the communi=ies of Immokalee, Marco IsLand, and Everglades City if a qua!ified candidate who resides within the respec'five area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level sh3[I be appointed to, or be a member of. the Authority. Members must file a Form 1 Statement of financial Interests each year wit~ the Supervisor of Elections. Staff: John Drury, Executive Director, Airport Authority:. 643-8326 AUG 2 6 1997 Pg. DATE: TO: FROM: July 2 I, 1997 Jo,hn Drury, Airport Authority E. xecu~ Director Sue Filson, Administrative Assis~ ~ ' Board of County Commissioners "--" Airport Authority As you know, we currently have 4 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this comminee to submit a resume for consideration. I have attached the resumes received for your review as follows: Stephen L. Price Highway 29, South Immokalee, FL 34142 Ernest Spinelli 106 Tuscana Court//703 Naples, FL 34119 Richard W. Anderson P.O. Box 337 Immokalee, FL 34143 Monte Lazarus 985 Birch Court Marco Island, FL 34145 Please let me know, in writing, if the applicants are qualified to serve as members on the authority, and I will prepare an executive summary for the Board's consideration. Pi~se categorize the applicants in are~ of experlt~. If you have any questions, please call me at 7744097. Thank you for your atlention to this matter. SF Attachmen~ AU6 2 6 1997 Community ' II Ban k ImmcA,~. R M H2.~ ~dl.6S7.$~7l July 18, 1997 Collier Coumy Government Center 3301 E. T~niami Trail Naples, 34112 Re:. Renppointment t~ Collar County AJrport lng~rity Bon~l Commissioner Hancock: As an original ~opoimee to the CCAA, it has been my pleasure ~.~iag for th~ last 4 y~s. The m~y ~q~ ~i~t m ~e Colli~ ~ A~ A~ for a ~M fo~ y~ President & CEO SLP/¢! AUG 2 6 ~q~7 jJjj po._? - ;{'7--16r--199"? 'tO:2~::gl l~irpor~ ~horlt~ 813 643 ~ P.O1 ASE NO,A AT.,~.Iq AU6 2 6 1997 Pgo t~ _ I"{~O~R Ol~ ~.ZCZ'mC.A~ ~Oi, OGY l~l-Plm,mz 1982-I~I T~~ 112 M~lf~x~ NY !17~ EDUCATIOt~: Rev. Richard W. Anderson First Assembly of God Church P.O. Box 337 Immokalce, FI. 34143 (g41) 657-3087 July 97 M~ Sue Fi -l~on Adminiswafive Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Fiison: Greetings from lmmokalee ! Enclosed is my r~sume. I'd like to represent the lmmolo- lee Community oa the Collier Coanty Airport Aathority One of the items that my v:sume does not tell you is that I am getting my private pilot's license. I enjoy flying and hav~ flown into and out of tin Naples Airport and the Immo- kalee Airport on numerous occasions. I am also acquainted with the facility at Marco Island. Ifyou have any questions please feel fro: to contact me. Richard W. Anderson Pastor First Assembly of God Church .e AGENII~k~Z T.~,[ M AU6 26 1997 Richard W. Anderson P.O. Box 337 Immokalee, Fi. 34143 (941) 657-3087 EDUCATION: Master of Divinity, Cross-Cultural Church Planting, May 1994 Columbia Intemab'onal University, Columbia, SC Bacheior of Arts, History and Education, May 1987 Warren Wilson College. Swannanoa, NC MILITARY SERVICE: Staff Sergeant (Air Medlcal Techniclan),August 1983 -August 1992 U.S. Air Force Re=erve$ -Responsible for emergency and general in-ffight patient care. 'Operation Desert Shield/Desert Storm, Saudi Arabia (September 1990 -March 1991) -Flew 14 med-evac missions. Supervised other crew members. -Awarde~. Nqn-~ommissioned Of Scer of the Qu~rt~ (March 1991 ) WORK EXPERIENCE: Senior Pastor, Dec. 96 - Present-FirstAasemblyofGod, Imrnokalee, FI. -I am the CEO of the church under the CCEO of U'm Chun~ I -Preaching, teaching, counseling, and many, many ot~er duties am apart of my ministry. -My main job is equipping others for ministry. Project Desk, August 96 - November 96 -/.owes Home Centers, W. Columbi~ S.C. -I helped customers make lYmir homes look better & helped them save t~me & effort in doing so. -I was acrdainted with and had a thcxough knowledge c~ b~'lcrmg matmtals. 4 also designed ded~ & simple b~ld'."~l usir~g ~ CAD sytem orl I~e ~. Associate/Youth Pastor, February g5 -August 96 - Akport A_~__mbty o~God Church, W. Columbia. SC -M'.'~ter~ to tee~, young adu~, and oki' .du~ -Stated the evange~iun & dtf, ci~ progra~ -Preached on<~ a rnor~ *Customer ServV. e Copy Technician, July -Nov. 1993 -KTnko's Copy Center, Columbia, SC; - Received and filled customer copy ordera; InstnJcted customers ,~~r~l~~1 I *Pastoral Inl~m, June 1992 - June. 1993 Church of Our Savfour, Sk~apom J AU6 2 6 199"/ 'Shoe Salesman, May -December 1991 Endicott Johnson Shoe Store, Columbia, SC~; *House Painter, Summer 1990 Palmetto Decorators. Columbia, SC Sales Representative, January -June 1989 Advanced Busines~ Equipment, Asheville, NC -Sold office equipment in a large lerrftory which involved: Cold-calling Surveying customer needs Demonstrating new equipment Servicing existing accounts Filling new orders Representing Company at trade shows Front Desk Clerk, August -November 1988 Great Smokies H#ton Inn, Asheville, NC -Operated hotel phone system -Posted room charges -Balanced accounts -Checked guests in and out -Trained new employees -Handled complaints Interim Math and Science Teacher, January- Apnl 1988 Juvenile Evalua#on Center, AsheviIle. NC -Fac~rrtated group and individuar[zed instruction for 7th-12th grade students 'Store Clerk/Student Minister, Summer 1987 Mammoth Cave National Park, KY -Conducted a~ park church services -25 total -Speaker at the national board meeting fora Christian Ministry in the National Pa~-~. 'Switchboard Operator, Summer 1986 Warren Wilson College, Swannanoa, NC *Door-to-Door Book Salesman, Thomas Nelson Publishers, Inc., Nashville, TN Summer 198 *The above noted.oo~J~s AGEN~TEM AU$ 2 B I 97 MONTE; LAZARUS 985 BII~H CoU~rl' MARCO ISLAND, ~ ~ ~/¥~ June 24,1997 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Re: Collier County Airport Authority/Application for Reappointment Dear Ms. Filson: Thank you for your letter of June 20, 1997, regarding my term on the Collier County Airport Authority. I do wish to be considered for reappointment to the Authority, and I am enclosing a copy of my updated resume. Many thanks for your kind consideration. Sincerely, Monte Lazarus 985 Birch Court Marco Island, Florida 34145 941-394-4104 1994-Present Of Counsel to Law Offices of William G. Morris 247 North Collier Boulevard, Marco Island, Florida 34145 1990-1994 Partner, Lazarus and Neaie, Marco Island, Florida Previous Experience. Senior Vice President, United Airlines, Chicago, Illinois (1973-1989) Retired Assistant to Chairman, and various Legal and Executive positions, United States Civil Aeronautics Board, Washington, D.C. (1956-1973) Un[ted States Army (4954-1956) served in Europe Collier County Activities Vice Chairman, Collier County Airport Authority Former Member and Chairman, Collier County Code Enforcement Board Education J.D., Yale Law School B.A., cum laude, University of Wisconsin (Economics) Current Affiliations and Past Activities Commander, Marco Island Civil Air Patrol Squadron Secretary, Marco Island Chapter, American Cancer Society Adjunct Professor, International College Member of Bars of Florida, Connecticut, the District of Columbia, United States Supreme Court Member, Federal Aviation Administration Advisory Committee on Rulemaking Past Member, State of Illinois Compensation Review Board Past Member, Civil Aeronautics Board Committee on Procedural Reform Past Member, Board of Directors, Illinois State Chamber of Commerce Past Member, Executive Committee, Chicago Association of Commerce and Industry AGE N 0~,~T~H AU6 2 6 'L997 Po. /c/'__ .. ~[J~: To appoint 1 member ~o fulfill the remainder of a vacant term, expiring on December 31, 1999, on the Pm-ks and ILecreation Advisory Board. CONSIDERATIONS: Representation on this board consists of I membcr from the Immok~lee Community Park Dislfict, 1 member from the Marco Island Community Park Disixicl, and 5 members from thc Naples ired Urban Area Community Park District. This 7 member board advP.~-s thc Board of Couray Commissioners on matters l:~rtaining to ~ acquisition, development and programs involving thc County's park facilities. Terms arc 4 ycar~. A list of the currc'nt membership is included in the backup. A press ~Icasc was issued and resumes wcrc re~:cived from thc following two interested citizens: APPLICANT DISTRICI' ELECTOR Daptmie Bcrchcr I yes Joseph K. McVay 4 yes COMMITYt~I~ RECOMMENDATION: Daphni¢ Bcrch~ FISCAL IMPACT: NONE GRQWT}! MANAGEMENT IMPACT: NONE RECOMMENDATION: That thc Board of County Commissioners consider thc recommendation for appointment and appoint 1 member to fulfill thc remainder of thc vacant term, expiring on Dcccrnbcr 31, 1999; and direct the County Attorney to prepare a resolution confirming thc appointments. Prepared By: Sue Filson, AdminiztmIivc Assistant Board of County Commissioners Agenda Date: August 26, 1997 At, J6 2 6 '1997 CC: From: Date:. Re: Sue Filson, A~n~n~'~ive Board of Coum'y Commissioners PARAB Board Members Maria Ram~, P~cs and Recre~ Direc~r July 3 I, I~97 PARAB Vat, mc7 $electioa The Pa-ks and Recreation Advisory Board intmwiewed Daphnie Bercher and Joseph McKay at t.he July 30, 1997 meeting. The PARAB ~ recommends that the Board of County Commissioners appoint Daptmie Bercher to complete the term vacated by Max Hasse. If'you have any questions, please call me at 353-0404. Thank you for all your help. AGENDA No. /~ AUG 2 6 1997 Pg. ~ _ Nam Parks and Recreation Advisory Board Work Phon~ Appt'd F-rp. Da~ Home.Phone Datt~e-app: 2~D~t Fl~ne NL Wicks 140'0 Pompci L~ne, Unit N~I~, ~ 34103 D~: 4 C~e~o~: U~ ~y ~ Bl~o~ 134~ ~cMg~ Av~ D~t: 2 C~e~o~: U~ Gil C. M~II~ 541 Bl~om Co~ ~o Is[~d, ~ 3414~ D~'~: 1 C~e~o~: ~ Is~d ~340 23~ Av~ue, S.~. Naples, FL ~4117 D~ic~: ~ Cate~o~: Urb~ lo~ph D. ~ 4~41 Sh~ ~ N~I~, ~ 34119 D~r~t: ~ Cate~o~: U~ Billie Ch~ P.O. Box 5~ 1 ~o~ee, ~ 34143 Cate~o~: ~~ ~yIe L. S~ 735 98~ A~n~, N. N~I~, ~ 34108 D~. 2 C~o~: U~ 434-0333 03/13/96 12,'31/98 597.4905 01/07~3 12/31/93 849-7919 2/15/94 lZGI/97 02/15/94 12/31/95 394-9444 11/14/95 12/31/99 02/I 5/94 12/31/95 455-2028 11/14/95 12/31/99 263-8898 03/2.3/93 12/31,94 5~2-$140 1114/95 12/3 657-1231 0.3/18/97 12/31/98 3S3-0444 03/12/9~ IZ/31/97 591-4910 2 Years 4 Years 2 Y~ars 4 Years 2 Yeats 4 Years 2 Years 4 Years 2 Year,s 2 Year~ Parks and Recreation Advisory Board ~ame Eo~ Phone ~~ 2n~~ 2nd T~ This 7 member committee was created by Guidei~ne~ estab~hed on 11/25/75 and contra-ned by Ord. No. 93-81 ~ advise tim Board of County Commissionlm on any matters c~ acquis~on, deve{opment and programs involv~ patios and ~ fac=lllJ~ in Coigm' County. Membership const~t~ of I member from ~1,e lnlrrx3kalee C~ Park District, I member from the Marco Island Communi~/Park DtslY~:t, and $ memba~ ~m ~he Naples and Urban Area Community Pad< Oistr~L Terms are 4 years. Staff.. ' . Recreation Direct. 353-0404 AG£Np~ MEMORANDUI~I DATE: June 17, 1997 TO: Vinell Hills, 'Elections Office FROM: BSue FHsoa, A~five Ass[stant~ oard of County Coramissioners RE: Voter Registration. Advisory Board Appointments The Board of Cotmty Commissioners will soon consider the fol/owiog individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission dislxict in which each applicant resides. PARKS AND .rECREATION BOARF~ - COMM/SSION DISTRICT Daphnie Bercher - 3800 Estero Bay Lane ¢A~. Naples, Florida 34112 Joseph IC McVay 3225 Cra) ton Road Naples, Florida 34103 Thank you for your help. AGENDA ITi~M No. /F~ /) AUO 2 6 PO. MEMORANDUM DALE: TO: FROM: June 17, 1997 Maria Ram.say, Director, Parks and R~i, on Sue Filson, Administrative Assistatl~/d/'[ Board of County Commissioners /-~ Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review a.s follows: Daphnie Bercl-,er 3800 Estero Bay Lane Naples, Florida 34112 Joseph K. McVay 3225 Crayton Road Naples, Florida 34103 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If'you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Atmc~ents AGENDA IT, E~ No. /O /3 AU6 2 $1997 June 13, 1997 Sue Filson Collier County Commissioner,s Office Collier Count~ Courthouse Complex 3301 East Tamlami Trail Naples, FL 34112 VIA Fax 774-3602 D~ar Ms. Filson: Please accept this letter as m ' P~ks and Recreation ad.,. .... ~app~ication for the Collier County nave four children who are . os~red by Collier Cou,,...3£~lve~ ~nvolved ~n many programs nvolved in m , ~ .... ._ _~{_5~s ~n~ Recreation. I have been an= .... ~ ua cn,~r par=iclpatton, which includes, but is no~ limited to: Girls Fast Pitch Softball Little League G£rls Fast Pitch Softball A~lstars Boys Little League Baseball Boys Little League Baseball Allstars Basketball League In fact, my twin daughter,s team Just won the District championship for their Fast Pitch Little League Team. Although I have no experience in serving with the local government, and my expertise as a family law ~aralega~ would not be of use in serving on this committee, my experience Iies with the true purpose of this committee - our county and the part~cipants in ~he Parks and Recreation programs. ! would be pleased to meet wtth you, if necessary, for your further consideration. 3800 Este=o Bay Lane ~aples, FZortda 34112 774-3181 Tom Grogan, gsqulre 335 Ftft~hAvenue Sou=h Waples, FLorida 34102 261-6909 AU6 2 6 lS97 Pg._ Z CEC REGISTRATIONS WORK HISTORY EDUCATION MEMBERSHIPS · J°SEPH..K~.: Mi · Certified Gi~n'eral.'.C~jhfr~ctor .' · . ~-.'.~mp~oyea at Crain Engifieering since..1977... :"Mr2:i;MbV~ay is a Senior En~ineenn Inspect° r: :'With twe'n*" ':;es ....... - ' g · ..... . . ;~, 3' ~ ,o[ applleo engineering experience 'ihcluding'.:C0st "estimating, strUCtural detailing, ' design, investigation, and inspection work. Mr. McVay specializes in roofing applications and !echnology and has been served as an expert witness m several Florida. Jurisdictions. UN/VERStrY OF MIA~}:";:.:.' Miami, Florida KENT S TA TE UNIVERSITY . . ASSOC/A rEt:)INDUStRiES 'O'F C LEVEt.~N0 Cleveland, Ohio ' · Southern ?oild/h~::'C;de':-:%ngr;ss International. Roofing Indust.ry Edti~ti~nal'lhStitute American Managemeiit:.Association National .Roofing. contractors Association AGEN. DA No. ,tO I_.~)~ / ' ..... I CEC MAIN OFFICE LOCATION BRANCH OFFICE LOCATIONS ~_ORPORATE OFFICERS ~23'[: '. "" .. :.' ":* - ~8865'::. ),.955.~88911.':.:: -' .' ......, 117 - . "'-' '"- , . ,, ,".? , ;.~ · . . , : · · .... .,~ .,,2. '.,.: · ... · ; :'. ." ?.'.: .. Je~S'buth''',:. :'. ... ,..... r/Y,~suit'e'.2bl...:.-'.:....,.. :..:. ,. ,,.-. ',.'.: ... v :'Na'Pib's,:Fi'~ri'da 34102' .~': - .. -.. :-"q.... '....: ."?~ i; ¢"(9~"!;}"~40'~3036. 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' >.- .;, v ,,-:c , .:- ::., ...:--..: ,?,,.., ~ .; , -.~:, .,~ttc. erP. resldent,~Sarasota~ ;..., ..'t':. - '. ',...,:.t ::':: · "-...,_,',-; ...... 2- ~'.'~:: · ; '.'::':..': .... :~.5,72,;f,".2~;"*.'.';'~::i.:"~' :'-'.'-'::i?: :~ ~'~.-,".'- ..'....' .... · . -~-' ~'.'.. .; .'., *' '. ,-';., c;.' -.:.'. -:' ..-: ~, :'t~,. :~,:,~;,.rj, , ,.-..;,~-,,d'~ .. :.:, -, . ....,,~' -;..,~... '.,,:. , ,." . ' .'.' ... ? "...g', ,--' -~'~."~5. ?'-.P * '.., #.; ':- ~,. t ,,-.,. · .;'°' -. ' " ~-'.. · . '!' ::--'J6fin.:'C: :E~'ans-,:P.'E;t;,~.-..' '- "-' '-"'.':' · '.-'-'.'::.:::'5; -",~.- .--.-.,'.:.:':ViC[LP~re"~iden't,..En'ginei/~:'ina...: . ' . ' ' · 2 .- -.;,.':.: j~; ~,'....;..;.. . .- . ,~,... .~,.. ,: ,'- .. . . .~- , .. (- ,,';'..2. :.. · :..: 't ~.~ ';,, ~;-',';-':.":.;-.,~:~:'.: '.,: ~.' .,:,'-~;~, ',.'7..:.,::":-.. ' - -,, '; - .: .... -~;:...:'.:...- ... ::::.:-'D ii. ~:~_~j::i,u~ V ~ ;', ~ ,~,~:i:..-~,..i; :..::.:. ',:'..~ _~._:.._...,_, _ .....,, _..,;: ".. · :/-..;. _:.. '~K'~:r2' · ,'.-: ...- ", -,'~'t'~, . .,, .... ;,.'° ... - .~.-,~ ....~ ' ,-, : ,~ ..... '.' ,-'-, ','.' ~". ' -"'' ' ".:',.:',.,'.~ce-~Pres~dent.--Arcl'iileCti~r{/:' :-': '. - :.2:-' ' - ..:'c..~,.f.~..,.;? ~.,/-:: "~. :,:~'):-.:. ..'. - ,. .. ,~.5"'.-' , · : '.; · .,:: · - .:,,'. . ,~.5~.':,' ~ . . - ... -~.-, · . ~a~,_~l~: To ~ppoint 3 members to serve 4 year terms, expiring on Augus~ 26, 200 I, on the Marco Island Beach R~nourishrn:nt Advisory Committee. CONSIDERATIONS: TMs 9 member committee makes recommendations and aids and assists t.~ Board of County Commhsioner~/n carrying out the p~ of Collier County Ordinance No. $6-91 rdating to beach r~nourhhment,/reproved storm protect/on of beache~, and public access to beach.. The r~pre~entafion on the commit~e~ cons/sts ofapprox/mately one-half from co~>ps or condominium a.~ociafion and appwx/mately one-half from th~ single-family r~id~nfial ar~as of Marco Island. Members are subj~'t t~ filing a Form 1 Statement of Financial Interests each year with the Supervi~r O£El~ions. Terms ~'~ 4 From A list of the cun~nt membership is included in the backup. The t~-ms for $oAmu Varie (single-family), Gilmor~ Scholes (single-family), and Charles Huttinger (condominium) will expire on August 26, 1997. A press r~lease was issued and resumes were received from the following 4 interested citizens: APPLICANT DISTRICT ELECTQIg Barbara Schiering - new appt. Charles J. Huttinger - r~-appt. Gilmor~ P. Scholes - r~-appt JoAnn Varie - re-appt I yes 1 yes 1 yes 1 yes COMMITTEE RECOMMENDATION: Charl~s J. Huttinger Gilmor~ P. Scholes Barbara Schiering FISCAI~ IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Comm!~-~oner~ consider thc recommendation for appointment; appoint 3 members to serve 4 year tei~a.~ expiring on August 26, 2001, on th~ Marco Island Beach Retou~Iunent Advisory Committee; and, direct the Cotmty Attorney to prepare a r~aolution confuming the appo/nml~ts. Prepared By: Agenda Date: Sue Fil~on, Administrative A~istant Board of County Commisaioner~ Angust 26, 1997 -AGENDA I~_/~_t~__~) no. /~ AU6 2 6 '1997 pg._ / COLLIER COUNTY OFFICE OF CAFITAL FROJ'£CTS MANAGEMENT DATE: TO' FROM: RE: August 8, 1997 Sue Filson, Administrative Assistant Board of County Commissioners Office of Capital Projects Management Marco Island Beach Renonrlshment Advisory Committee I am in receipt of the resumes from applicants for the vacant positions on the subject Advisory Committee. Such were forwarded to the Advisory Committee for their review and recommendation. At their regularly scheduled meeting on August 6, 1997, the Marco Island Beach Renourishment Advisory Committee voted unanimously' to recommend the following appointments: · Renew appointments of Charles I. Huttinger and Gilmore P. Scholes. The vote for the following appointment was three (3) in favor, two (2) opposed with one (I) abstention: · Appoint Barbara Schiering to fill the expired term of lo Ann Varie. If you should have any questions or require additional information, please give me a call. MEMO.H£H.Ih. 100 Marco Island Beach Renourishment Advisory Committee gYorl~ Phone dppt'd ~ Date Term Name fforne Phone DateRe-ap~t 2nd~Date 2nd Term Micha~l Glime 172 South Beach Drive Maz~ Island, FL 34145 Dixtrict: I Category: S[ngle-Family Giles Coral P.O. Box 1397 Marco Island, FL 34146 Dixtrict: 1 Category: Single-Family .roAna Varie 1404 Bunerfield Court Marco Island, FL 34145 District: 1 Category: Siagle-Family S. Buddy Harris 192 Gulfport Court Marco Island, FL 34145 District: I Category: Single-Family Gilmore Scholes 1125 Strawl:~:zxy Court Marco Island, FL 34145 District: 1 Category: Single-Family ~ohn Dougherry 1550 Jamaica Court Marco Island, FL 34145 District: I 08/27/91 08/26/95 4 Y~x~ 8/1/95 0g/26/99 4 Years 08/27/91 08/26/95 4 Years 8/I/95 08/26/99 4 Years 642-6983 08/27/91 08/26/93 2 Years 10/12,'93 08/26/97 4 Years ./ 08/27/91 08/26/94 3 Y~rs 8/16/94 08/26/98 4 Years 10/12/93 08/26/97 4 Years 394-5000 0g/16/94 08/26/98 4 Years 642-7091 Cattgory: Single-Family & Condo Freak Blanchard 380 S~avi~,v Court,//609 394-g587 Marco Island, FL 34145 D/ztr/ct: 1 Category: Condom~nlurn Marco Islmx[, FL 34145 S. ~/l~r"~l'~ Category: Condominium 08/27/9I 08/26/94 4 Years 8/16/94 08/26/98 4 Years 01V26~/ 4 Y~ars / AGENDA .a.ao. /0 AU$ 2 $ pgo ~'2~ fi¸; Marco Island Beach Renoudshment Advisory Committee gP'ork Phon~ At~Pt'd E. rp. Date Term Name Home Phon~ D~eRe~t 2n~D~e 2nd Te~ Josh C~ 0~1~4 0~5 1 Y~ 520 S. Co[li~ Blv~, gl lO1 ~1~5 0~99 4 Y~ ~o Isl~ ~ 34145 D~: I Category: Condo~m This 9 member committee was created by Ord. No. 86-~1, amended by' Ord. 92-6 t~ make recommendations and aid and assist the 8oard of County C, ommisskm~t~ in ca~ out putgose$ of Collar County Ordtt~attce No. 86-91 ralatlt~ I~ beach rer, ouflshment, in~,coved s'~rrn pcotacl~n of beaches, and pubflc access I~ beaches. M~rg~'t~ip consists of approxtmat~ 1/2 from co-cps or condominium a~ ~ approximately 1/2 from singte- family resider~fal area.~ of Marco Island. Membem am subject to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms am 4 yaam. Staff: Harry Huber, Technical Services Supervisor. 774-8192 A~G 2 G ~7 DATE: TO: FROM: MEMORANDUM July 24, 1997 Vinell Hills; Elections Office start "--~~..~ Sue Filson, Administrative Assi Boa:xl of County Commissioner& RE.: . Voter Regia'trafion - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory commiRees. Please let me imow iftbo~ I/smd below are registered voters in Collier County. Also, please list the commission district ia which each applicant reside~. M.I. BEACH RE'NOURISHMENT ADV COMM. COMMISSION DISTRICT Barbara Schiering 2000 Royal Marco Way,//303 Marco Island, FL 34145 Charles J. Huttinger 840 South Collier #I 803 Marco Island, FL 34145 Gilmore P. Seholes 1125 Strawberry Court Marco Island, FL 34145 $oAnn Varie 1404 Butterfleld Court Marco Island, FL 34145 Thank you for your help. AGENDA ITFJ~ NO.._/_.~_~__ AU$ 2 6 m7 Pg. ~ DATE: TO: FKOM: M'EMORANDUM July 24, 1997 Harry Huber, Technical Services Super~ r,~CPM Sue Filson, Admini~,hafive Assir t, aq~ --/ t Board of County Commissioners Marco Island Beach Renourishment Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens int~ in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Barbara Schering 2000 Royal Marco Way, #303 Marco Island, FL 34145 Charles J. Huttinger 840 South Collier #1803 Marco Island, FL 34145 Gilmore P. Scholes 1125 Strawberry Court Marco Island, FL 34145 JoAnn Va.de 1404 Butterfield Court Marco Island, FL 34145 Please let me know, in writing, thc recommendation of thc advisory committee for appointment and I will prepare an executive summary for the Bond's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AU6 26 E197 Pg. [~ To:Commissioner John Norris & Sue Fillson Tel: (941) 774-8097 Fax: 774-3602 From: Barb Schiedng Date: July 21, 1997 Number of Pages: 2 Dear M~. Filison & Commissioner Norris: Please accept this letter and its accompanying re~ume of the last nine yea.. m a~ my applicatfon for a pcraitlon on the Marco island Beach Renourt~hment Aclvmory I have been at~nding these meeti.ngs for over two years and have been very involved in our community regarding i~suee that pertain to the beach and its a~~ys:.l served on Hideaway. Beach As~oclation's Beach Committee last year cu...n~ntry ..~. we as well. I .c. halred our condominium, Royal Marco Point I, Beach mrcme unto we merged with Hideaway's Beach Committee this year. Should you desire more Information, please do not hesitate to call or fax me at the number below. Barb Schienng~~ .Barb & Jim Schiering 2000 Royal Marco Way, fl~O, Marco/s/and, FL 3414~ (94~) 642-307~ AGENDA XT~ No../~ ~ AU$ 2 6 ~7 Fax: (g4f) 642-$I12 07/2~/97 14:~4 General Information: F,~, 941 642 6112 AQUAPURE i~VT. INC Resume of Barbara G. Schiering 2000 Royal Marco Way, #303 Marco lsLind, FL 34145 Telephone: (g41) 642-3079 Fax: (941) 642-6112 1~102 Highly motivated, well organized, rmle~fmarketing profe~.~ional. Local community involvement: 96-97 Way~ And Means Chair for Marco Island Woman's Club's fundraising ewants, Co-Chair for Marco Island Woman's Club's '97 Fashion Show Fundraiser, '96-97 Chair for RMPI's Beach Committee, serving on RMPI's Rules Committee for the last four years, serving on RMPI's Communication's Committee for the list five years, serving on Hideaway Beach AssoclaUon's Beach Committee for past two years, member of Sheriff's Cittzsns Academy, Table Chair for American Cancer Society's Annual Ball for currant and pa~t three years. Personal Information: Born May 16, t953 in Ohio. Spent all career in rnarketing/ules, as well as consultant. Bought our condo on Marco in 1991 and moved to Marco in 1992 full time and re~Jred. Remained retired untJ 1996. A real beach Iovefl PROFESSIONAL EXPERIENCE Jan. 1996 - Current Owner and President of AquaPure Enterprises, Inc. AquaPure is a dealer for electronic disinfecting systems for pools, spas, cooling towers, hospital water systems and lndustrfal applications. The system's purpose is to eliminate the need for high amounta of chemicals and create a cleaner, healthier environment. Professional associations through AquaPure are CAMMI - Community Association Managem of Marco Island and the Naples Chapter of B.M.I. - Building Managem International. Certified locally as a commercial pool operator by Florida's H.R.S. and nationally by National Pool & Spa Institute as same. 1991 - 1992 Operated as a sales/marketing conau~nt to Action Auto Rental an insurance mplacerhent auto rental firm. Traveled nationwide to fulfill my capacity as consultant. (Returned at the request of Action's Pres[dent and started part-time while still running On The Go Travel, Inc., with the under. standing that it would be for short term.) 1988 - 199t Owned and managed On The Go Travel, Inc. in Beachwood, Ohio. I solicited business from corporatior~ needing a pemonalized travel service as well as managing the daily operaflor~ with f'we employees. In lite 1991 I sold On The Go TraveL ~ concurmrtUy was majority owner in s restaurant, Heck'a Cafe, In Ohio City, Ohio, ~ well as served in an advisory capacity to partner who acted. General Manager. REFERENCES: National Sales Adviser for ActJon Auto Rental out of Solon, Ohio. I traveled nationwide to hire, train, menage marketing personnel. Also negotiated accounts with Fortune 54)0 Corporations and developed new markets. Left to start On The Go Travel, Inc. Available upon request. · AGENDA_ No. ,,/() Z~-? AUG 2 6 i997 t June 25, 1997 ilrs. Sue Fllson, Administrative Assistant Board off County Commissioners Collie: County Government Complex 3301 ?amiaui Trail East ~aples, FL 34112 Omar Mrs. Fllson: This letter represents an application to serve a second i-year term on the Karco Island Beach Eenourish~ent Advisory Couittee effective lugust 27, 1997. The follovlng Is a brief resume of my background: · U.S. Navy in ~1~II 44-4G Petty Officer 3/c in Oceanography . Allegheny College graduated 1949 In Liberal Arts · Graduate york in personnel, University of Pittsburgh · Advanced In Personnel Administration over 15 years as College Recruiter, £aployaent Pane:er, Plant Personnel Pane:er and International Personnel Director vlth rick Chemical, Western Union and Johnson and Johnson. · Completed career for over 20 years vith Sealtest Foods (later Trait Foods) as Regional Personnel Director, ~atlonal ~abo: Relations Director and Vice President of ~uean Resources. · Xave served as: - Corporate Giving Sollclto:~ Boston United Way - Member of Ney York City Industrial Relations Board - Member ~ev ~ork Personnel Panagement ~ssociatlon - 8oard of Directors lember of Greater Philadelphia ~ - Chairman of Parco Island Beau:ill:at!on ~dvtsory Couittee - Member, Pa:co Island Beach Renourishlent Advisory Couittee - Member of MICA Residents Beach Couittee - Currently vidover at age 69, tvo (2) chlldren~ resident of Parco Island since 1989. there ate any questions, please contact ~e at ~42-~913. Gilmore P. $choles cc: Frank Bianchi. rd AGEND~ .JTF. Ji, I'lo AU8 2 $ Sue Filson Administrative Assistant Board of County Commissioners RE: Marco Island Beach Renourishment Advisory Committee Dear Sue, Thank you for your letter of appreciation and if no other qualified volunteers have applied, I very much would like to remain on the comalttee. Sincerely,tj~ ~ AGENDA..JTE)I.,, .o. AU6 2 6 1997 P;. 7/ JoAnn Varie 1404 Butterfield Court Marco Island, Fla' 941-394-22S9 Objective: To be re-appointed to the Marco Island Beach Renourishment Advisory Committee Married to Nick Varie Mother of Four Children Resident of Collier County since 1981 Education: Graduated Berea High School 1962 Attended BowIing Green State University 1962-1964 Further Studies at Baldwin ~alIace College Community Activities: Served on Advisory Boards at: Tommie Barfied School East Naples Middle SchooI Golden Gate Middle School Lely High SchooI Seacrest Country Day School Former Board of the Marco Island Vomens Club Marco Urgent Care Hospital Auxiliary (Chairperson of Medical Records Correspondence). Fund Raiser Committee YMCA Vice Chairmen of the Marco Island Beach Renourishment Committee. San Marco Catholic Church Trip Organizer APPOINTMENT OF MEMBER(S) TO TIlE IlVlMOKALEE ENTER. PRiSE ZONE DEVE~.O..PMCI~fl~,. A.G .E~...CY ..- ...,,il!..:, z:,-.'. . ' .OJ3~: To -~ppoint I members to the lmmokalee Enterprise Zone Development Agency (EZDA). CONSIDERATIONS: This 13 member committee ~m created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opporttmities and sustainable economic development for designated area~. To permit Collier County to participate in INs program, the Board of County Commissioner~ nominated the Immokalee Community to be considered by the Florid, Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting cfa broad base of citizens be established. The committee has representation fi.om the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit commtmity-l:ra~ed organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. On August 5, 1997, the Board directed staffto solicit for members for the resident category of' this conmainee. A memorandum was received from staff'advising that Mr. David E. Lindsey has expressed an interest in this committee. APPLICA~T REPRESENTING David E. Lindsey Resident 04104101 CoMMrlTEE RECOMMENDATIQ[~: David E. Lindsey - Resident FISCAL IMPACT: NONE GROWTFI MANAGEMENT IMPACT: NONE _RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint I member;, and, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filso~ Administrative Assistant Board of County Commissioners August 26, 1997 AU6 2 B Bg? TO: FROM: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Lawrence Perez ~P HUI Manager, Housing & Urban Improvement DATE: August 7, 1997 RE: Immokalee Enterprise Zone Development Agency (EZDA) The State has enacted a program, the Florida Enterprise Zone Program to induce private investment into distressed areas to create economic opportun/ties and sustainable economic development for designat~i areas. To permit Collier County to participate in this program the Board of County Commissioner's nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95- 248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, t. he State required that a committee consisting of a broad base of citizens be established. This Board has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. The Committee was created through Ordinance 95-22 as the ImmokaIee Enterprise Zone Development Agency (EZDA). In addition, the County Council appointed members to the EZDA under Resolution 95-249. Denise Blanton's two year term has expired as of April 3, 1997. We are therefore recommending Mr. David E. Lindsey for th~ position. This position must be filled with a resident and Mr. David F.. Lindsey meets this requirement. Please prepare an Executive Summary for the Board's consideration of the recommendation and let me know if any further information or assistance is needed to initiate the process. Thank you for your help. cc: Greg Mihalic, Director, Housing & Urban Improvement Vincent A C. autero, Administrator, Community Development Environmental Services Fred Thomas, EZDA Chairman ---AGE HO.A, ITEH .o._ Y'O ? - Dg o~ " ~/05/1997 16:51 941-6~-~63~ P~ e2 IMMOKALEE WATER & SEWER DISTRICT 10~20 SAN~^TION ROAD IMMOK~F~ iq_ .~142 . T~ ~ {941} 65&3630' August 6, 1997 Co~ier County Board of County Conmis~oner~ 330I Tamiarnl Trail East Please consider ren~er~g my appobam~ to the EaterlniSe Zone Development A6nmcy. I am st Bxadutte of the University of South Florida, and ha-v~ been the Dir,x~___or ofttm t,,-,wkalee W~ & $~ver District for the oast five y~ars. I am a currcm m~ of the Immokaloa?" * Rotary Club Board * Christrn~ Parade Committee * Pop Warner Board & Coach I am a ps~ ma'nber of the ~mmokalee ' C~,-_her of Commerc~ * [ f~ fl~at I h~Y~ a lot to ofl'~- fl~e a/~mcy. D~vid E. Lk~y, Dir~tor Immoksiee Water & Sewer ~ No; /1] AU6 2 6 PG- ~'~ Immokalee Enterprise Zone Development Agency Work ~O~one Gary Harrison ~43..~5 2800 North Horscsho~ Drive Naples, EL 34112 District: Catty,q,,: Local Code Enforcement Carol Los~ dcLara 658-1313 506 Ist Street, Sotnh LmmolcaJc¢, FL 34142 District: ~ C~e~ory: Chamber of Commerce Prcsident Kay IGpp 657-2878 112 South Ist Strut 657-6168 Immok~le¢, FL 34142 District: ~ Category: Local Law Enforcement lames L. Pcnczykowski ! 108 Monroe Slz~=t 657-2999 Immokalce, ~ 34142 District: 5 Category: Noa Profit Organization /oscph Lozano 6574742 403 North lSth Su'c~ Immokalce, FL 34142 Diszrict: 5 Category: No,', Profit Orsan/zado,', Alan W. Ncuman 481-8020 1653 South Founta/nhcad Ko,, Ft. Myc-rs, FL 33919 District: 5 Category: Privat~ Iadustry Council D~nais~ Blantnn 65?-3306 14700 Immokal~ Road Naples, FL 34120 Distr/ct: 5 Category: R~dc'at Appt'd Exp. Date Term DateRe-appt 2nd~pDate 2nd Term 09/93/96 04404499 3 Years 09103/96 04404/99 3 Y~tr~ 04/04/95 04404495 3 Year~ 04401/97 04/04499 2 Yeat~ 04404/95 04/04/99 4 Y~.r~ 08/05/97 04/03/99 2 04,t04495 04/04/97 2 Y~r~ AGENDA ITEM .o. ./_.'~ .F AU6 2 6 1997 lmmokalee Enterprise Zone Development Agency W. Hermau Spoo,~cr P.O. Box 5010 Immoka/ee, FL 34143 D L'~'a' 5 C~ego~y: BusS~ss Owner & R~ident Raymond T. Holland 657-31';'1 7380 Traff'ord Cmks, #[2 657 ~'4~:8 Immokalee, FL 34142 District: 5 Category: Fh~c~l Endty Edgaxdo Teareiro 1065 5th Avenue North Naples, FL 34102 District: 5 Category: Business in Zone J'¢rry Prhmus 657-,3671 701 Immolr~ee Drive fmmokal¢¢, FL 34142 District: 5 Category: Business in Zone Lucy Ordz 262~ 606 Roberts Avenue 657-5617 [mmolc. alee, FL 34142 Distrk't: 5 Categoo,: No- ?milt Fred N. Thomas, .~r. 657-:~549 1800 Farm Worker Wa), lmmoka~cc, FL 34142 Dim'/~: 5 C~z¢ory: Non Profit Organizad~ 04/01/97 04~2~01 4 Ye~x~ 04;04~5 04/04,t~ 4 Ye~x~ 0404/95 04/0499 4 Yca~s 04/04/95 04/04/99 4 Ye~-~ 04/04/95 04/04,96 I Year 9,r3/96 04/04,~ 4 Years I mmokalee Enterprise Zone Development Agency ~Vo~ Phone Ap~d~ IVame Home Phone Da~e. Re-appt 2nd~_.xpDate 2nd Te~ This 13 member committee w3s cceated on Apdi 4, 1995, by Ord. No. 95-22. to induce private investment into distressed areas to create economic opportuniUes and sus~inable economic development for designated areas. Initial membem were appointed by Resolution No. 95-249. To permit Collier County to paffficipate in this program, the Board of County Commissioners nominated the Imrnokalee Community to be considered by ~e FL Dept. of Commeme for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app loc an EZ. the State re<luired that a committee consisltng of a broad base of citizens be established. The committee has representation from the ~ of Commerce, financial or insurance on,es, businesses operating wfthtn the nominated ama, residents, nonprofit community-based organizations, local private industry council, local code enforcement agency, and local law enforcement agency. Term3 are 4 years. SlafJ;: Grog MihaFK:. HUI Director. 643-8330 AU6 2 6 1997 ~]al~.~[3~: Discussion to ~ ifit is ~ Bo~ ofCounty Con~__Jssioncrs' dcsire to direct the Cou~y Adminlslramr to schedule a workshop on ~bcr 30, 1997. CONSIDERATIONS: Two requests have been made for a possible w~kshop as follows: 1. Shcila Leith, SufffLiaison to th~ Productivity Committe~ has indicated fl~at the Productivity Commillee is requestin~ a workshop to prescnt the repo~ on the procurement process; and 2. Susan Par~igis, Executive Director for lhe EDC, is r~luesgng a workshop ~o include an industry tour and a round table discussion with Mr. John Anderson, President of Enterpri~ Florida. FISCAL IMPACT: NONE GROWTH MANAGEME~ IMPACT: NONE Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners August 26, 1997 AGEND& .o. AU6 2 6 1997 Pg. Memo Sl~l' Llai~:~n to ~ Produc~vity · August 8, 1~37 Presentation of lye Report on the Procurement P _roce~___- by Ihe Produ~ Committee Thank you for your assistance. Summary_ Sub)ect: Th,~ C¢flier cpunty Government Procurement Proce$~ The Purchasing Sub-Committee of the Productivity Committee has completed its report on the Procurement Process and the report has been approved by the full Committee. The Sub-Committee reviewed a sample of purchases from FY's 1994, 1995 and 1996, as well as reviewed the use of Field Purchase Orders. Eighteen (18) findings which resulted in recommendations are detailed in the report. Overall, the procurement process was found to be effective but improvements are needed to add professionalism to the process and to cope with future growth in Collier County, which will add to the volume of purchases required. Major recommendations cover the following: Avoiding Conflict of Interest, Improved Ways to Handle Negotiations, Enforcement of Contract Terms and Conditions, Use of Innovations in Purchasing, The Use of a Past Performance Data Bank, and Best Value in Making Source Selection Decisions. The Report also contains 3 special topics requested by OCPM and the Purchasing Departments, namely: Design/Build Contracts, Best Value, and Lump Sum or Unit Pricing in Construction Contracts. Because of the number of recommendations and the need for discussion on many of the findings, the leader, General Bernard L. Weiss, has suggested a 90 minutes workshop be held in which the Sub-committee would brief the report and answer questions. AJ.l~USt 14. 1997 Co, er Cou~ Boad of~ 3301 T~imn/T;~/i North Thc ~ ~~ ~ o~Cx/iier County would ~,* m bo~ the Bo~ of C/xm~ ~ for m I~ku~/~VComm~r~ Pmir Tour oo tb~ Septemb~ 30, 1977 (the ~ Tuesday ot'S~) from $:3Ckm-2.'iX)pm. The tour will ~Uow ' ' to gain a grater ~ o/' the ~ersity of bus/hesse, h our I request that you present this to the Board of Connnissioners for their approval. Please feel ffe~ to call me ify~u _need__ more infzmnafion. Director Q]~h~,~[~: To appoint 1 member to serve a 4 year term, expiring on June 25, 200I, on the Hispanic Affaip$ Advisory Board. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the HispncAc Community, reviews and recommends ways to ensure open communication between thc minorities and Collier County Government and provides periodic reports to the Board of County Commissioner~. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from I interested citizens: APPt~ICANT DISTRICT ELECTOR Jorge Chemas 3 yes COMMITrEE RECOMMENDATION: Jorge Chem~ FISCAL IMPACt: NONE GROWTH MANAGEMENT IMPACr: NONE REC~~ATION: That the Board of County C_.ommlss~e~ consider the ~cmnme~h~ far appoizame~ and appoint Ja~e ~ to serve a 4 year term on the Agenda Date: Aag~tst 26, 1997 TO: FROM: DATE: RE: MEMORANDUM Sue Filson, ~A.~-tant, Board of Cotmty Commis~ioner~ Ramiro Ma/~alic~,, Ctu'efA~istant County Attorney and Liaison to HAAB August 13, 1997 Application of Jorge Chemas for the HAAB This is to inform you that my office hu conferred with HAA Chairman Frank Rodriguez regarding your reques~ for any comments fix~rn the HAAB concerning the at~Hcation referenced above. It is Chairman Rodriguez's position that, due to the large number of recent vacancies on this Board, this application should be submitted for co~ideration by the Board of County Commissioner~ without the further delay that would be involved in submitting this matter for consideration at the next HAAB meeting. Thank you for your attention to this matter. RM/~ ce: Fr-,mk Rodriguez, Chairman, HAAB HAAB Members David C. Weigel, County Attorney AGEND& ITEH AU;; 2; 1997 Pg., ~.~ L Hispanic Affairs Advisory Board ]~ratTt~ F~on~ Phone Dater 2ndF. x~Da~e 07/23/96 O6/25/97 VACANT VACAHT NapI~, FL District: Category: v^cA~xrr vAC~ D~' C~ego~: Do~ S. Vi~ 6 i I N~ S~ Apt ~3 ~o~e~, ~ 34142 D~: 5 Catego~: Pete Cade, 3r. 1903 Lead Av~ ~o~:e, FL 34142 D~tri~: 5 Catzgo~: Eva Dei~et 452I F~ Aven~, N.W. NapI~, FL 34102 D~r~: 3 C~ego~: DaSd ~ I t257 Longhorn Way W~ NapI~, FL 34119 D~: 5 C~ego~: F~ O. 131 T~d S~ N~lm, ~ 34113 D~: t C~ego~: 01/10195 06/25/97 658-2082 08/05/97 06/25/01 657-1763 08/05/97 06125101 353-0070 t1/14/95 06/25/98 O6/06/95 O6/'25/98 08/01/95 O6/25/99 4 Yc~ 4Yca~ 3Yc~s 3 Yc~rs 4 Yc~rs VACANT VACANT Naples, FL D fftrict: Category: Hispanic Affairs Advisory Board FFork t~ltont /~e~'tl ~ Dat~ Term Home Phont Da~eg~.al~ 2nttF~Da~e 2nd Te~ ~1~6 ~ 4 Y~ Fnmk Florcucio Rodrigucz P.O. Box 990244 Naples, FL 34101 District: 3 Category: 434.1975 08/01/95 06r25/99 4 Years This 9 member commi':/ee was created by Ord. No. 91-37. amended by Ord. No. 91-78) to identity' and evaluate problems unique to a~e Hispanic community, review and recommend ways to ensure open communication bet,~en ~ and ~ County government and provide pe6odic teport~ to ~he Board of County Commiss~ Tem~ am 4 years. Staff': Ramiro Manar~;h, Assistant County Al~orn~. TT4.-a400 AU '26 1997 pg._ q _ MEMORANDUM DATE: August 11, 1997 TO: FROM: Vinell Hills, Elections Office Su~ Filson, Admipi~=ative Ass~ Bo~ of Co~ Co~ion~ RE: Voter Regiswafion - Advisory Boa~d Appo~ The Board of Coumy Commissioners will soon consida' li~ following individuals for appointrncm to one oftl~ county's advisory commi~cs. Plcase Ici me know if chose IL.-"~ below are r~ voters in Colli~ County. Also, please li~t the con,mission district ~n which ench applicant r~ides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTR/CT Jorg¢ Chemas 354 O~pr~'s LandL~g g2206 Thank you for your help. AGENDA IIEH No. AU6 2 6 1997 ~EMORANDUM DATE: TO: FROM: August 1 I, 1997 Sue Filson. Adminisu'afi~ ~, ~ Board of County Commission. s / Hispanic Affairs Advisory Board As you know, we curvsntly have vacanci~ on tlz abov~-~.fa~ed advisory committ~. A lX~Ss r~leas~ was issued rcq,~sting citizens in~ in s~ving on this committe~ to submit a resume for consideration. I have attached the r~sumes re~.~ved for your r~iew as follows: Jorge Chemas 354 Ospr~y's Landing #2206 Naples, FL 34104 Please let me know, in writing, the recommendation ofthe advisory conunitree for appointment and I will pr~par~ an executive summary for the Board's congderafio~ Pl~se cste~oriz~ lhe appllcan~ in areas of expertise. If you have any que~ons, pl~as~ call me at 774-8097. Thank you for your attention to this matter. SF Artacb_ments AU6 2 6 1997 Pg. ~'P I I/SS to Present 03/87 to 09/88 01/85 to 02/87 ! 1/82 to 12/84 3/79 to 10/82 0~"75 to 02/79 To Today O6/75 O5/70 06/65 Jorge Chemas 354 Osprty's Landin~ # 2206 Naples, F! 34104 Work & Home l~aone: 941-649-3282 Objective To obtained a position w~th your cemp~ny. Posltlons Held General Insurance Brokerage 501 - 47th Sa-eel Union City, New $crsey 07087 The Prudential Iai. Co Cedar Grove, New J~ 07083 The Equitable las. Ca. 80 East Route 4 Paramus, New Jersey 07023 John Hancock Ins. Ce, 4800 Kennedy Blvd, Union City, New Jersey 07087 Metropolitan Life Ins. Ca. I Harmon Towers Secaucus, New Sersey 07094 The ICibel Company (Real State Management) 80 ! I st Avenue New York, New Yed~ 10022 Educat/on Courses in Business Management, ReaJ Esme Management, F'maacial PI~ P~ol~ ~d ~ ~ Uni~i~ of Col~ (~ N~ Y~ N~ Y~ ~el~ ~ El~ic ~i~i~ of ~ ~cl~ ~ ~w, P~i~ ~ ~d ~y G~ a~, Li~ N~ ~ P~ ~ Col~ Languag~ H~t ~ s~ ~d R~amnc~ Compeer Skii~ Wm~ W~ P~ ~ W~ ~ ~ ~w ~d ~ Mcens~ and ~~ F~ly Ii~ ~ ~ P~ ~ ~= ~ ~e S~ ofN~ J~. AGENDA ITEM No._/O/"/ - AU6 26 1997 Pg'-- 7 ier, Micrm°ff C~ce, Ca'el EXECUTIVE SUMMARY PETITION NO. PUD-97-8, BILL HOOVER OF HOOVER PLANNING SHOPPE, REPP, F_~ENTING NORTHBROOKE DEVELOPMENT, LTD., BONITA GRANDE HOTEL CORPORATION AND I.AND TRUST 5405, RICHARD K. BENNETT, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS CYPRESS WOODS GOLF & COUNTRY CLUB, FOR A MIXED RESIDENTIAL A.ND GOLF COURSE MASTER PLAN~NED COMMUNITY FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD AND IMMEDIATELY CONTIGUOUS THE EAST SIDE OF INTERSTATE HIGHWAY 75 IN THE EAST PORTION OF SECTIONS 18 AND 19, TOWNS~ 48 SOUTH, RANGE 26 EAST, COLLIER COLrNTY, FLORIDA CONSISTING OF 283 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" rural Agricultural to the "PUD" Planned Unit Development district for a mixed residential, golf course community. CONSIDERATIONS: The proposed Cypress Woods Golf and Country Club PUD lays out a development scheme consisting of 799 dwelling units of mixed structure types, an 18 hole golf course, country club with accessory recreation amenities, lakes and other open spaces on a total land area of 283 acres more of less. Project lands are located with the Urban-Urban Residential-Mixed Use designated area on the FLUE Map to the GMP. A consistency analysis with applicable elements of the GMP is as follows: FLUE an~t Den,ity - By virtue of its location in the urban residential designated area zoning actions establishing an urban residential development as proposed is consistent with the FLUE. The proposed number of dwelling units is 799 for a density of 2.83 dwelling units per acre. Based on the density rating system a portion of the site qualifies for seven (7) dwelling units per acre while the remaining area qualifies for four (4) dwelling units per acre. Clearly, the requested density is considerably less than is otherwise authorized which is estimated to be approximately 1,370 dwelling units. This petition is therefore consistent with the FLUE and its density rating system. Traffic Circulation Element - The number of vehicular trips that would be generated by this project ~ts a significant impact on Immokalee Road from 1-75 to CR-951 and west ofl-75. This can be mitigated by committing improvements to Immokalee Road from CR-31 (Aixport Pulling Road) to 1-75 (six (6) lanc) and 1-75 to CR-951 (four (4) lane) by 1999 or phasing devclopme :! ~ ,_~-* ~ a _,~__ not impact traffic to an extent grcatcr than 5% of LOS "C" on any road segment w, AUG 2 6 1997 dcvclopment influence. Thc Traffic Impact Study submitted with this petition aclmowledges thc fact that thc total amount of' devclopment rcpre~-nts a significant impact on ecrtain road segments which would necessitate traffic and roadway widening improvements and has proposed a phasing schedule which by estimate would eliminate thc ~/gnificami impact condition would not lower the LOS on any roadway with the project's radi~ of development influ~.c (LOS 'C" or better). Thc proposed phasing schedule would have development occur as follows: Phase I (0111999) - 105 multi fm'nily dwellings 20 single family dwellings Phase I1 (01/2001) - 400 multi family dwellings 60 single family dwellings Phase M (01/2003) - 700 multi family dwellings 99 single family dwellings 680 AADT 871 AADT 2116 AADT 2689 AADT 34O6 AADT 4351 AADT By limiting development in the m~amer proposed by this phasing schedule, it is estima~ that traffic generated by this project should not represent a significant impact to any roadway segment and is therefore consistent with TCE policies. Qther At~lieable Elemenls - Staff review of other al~plieable elements for eonsi~ with thc GMP concludes that thc PUD as stmctm'ed will be eonsis~ with those other applicablc clements. All staff with jurisdictional responsibilities wer~ given m oi~x~'lxmity to identify jurisdictional needs resulting from devcloffment at this p~jeet. Their n:spon~ ide~i~ conditions needed to a~uxe All vezxming actions require a findings on the l~m ofth~ Collier County Plmning Comaxission (CCPC) based on the provisiom of Section 2.72.5. A ~ of It~ rezom findi~s s~port m ~ to rczonc th~ subject lands to the Planned Unit Dcvclopmcnt z°tfin~ district' Thc rczot~ findin~ m~ included in this Executive Summary submission togedm' with tbe staff report which is approvcd by tbe Thc Collier County Planning Co~n_ mission rcviewed this petition on July 17. 1997 md ~iy AUG 2 6 1997 2 FISCAL IMPACT: TMs petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, thc land will be developed. Thc mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Thc County collects impact fees prior to thc issuance of building permits to help off-scl thc impact of each new development on public facilities. Tbesc impact t'c~s m'c used to fund project in thc Capital Improvement Element needed to maintain adopted levels of service for public facilities. In thc event that impact fcc collections are inadequate to maintain adopted levels of service, thc County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above thc land use, density and intensity of development of thc subject property were deemed to be cortMstent with thc FLUE to thc GMP. Other related consistency r~views were also found to be consistent by viaue of thc way in which development conditions were addressed, and the strategy devised for regulating the rn~a~ncr of development. In view of the consistency findings staff finds tl~ there is no negative or other adverse impact to thc GMP resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under thc provisions of thc Adequate Public Facilities Ordinance No. 90-24 at thc earliest or next to occur of either final SDP approval, final plat approval, or building permit issuancc applicablc to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates thai thc ly:titioner's property is located omsidc an area of historical and archaeological probability as refe,ci-,ced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. P~G COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommended approval ($ to 0) of Petition PUD- 97-8 Cypress Woods Golf and Countoe Club on condition that recommendations relative to limiting multi-family structures to two (2) stories within three hundred 000) feet of thc Quail Creek boundary, and the phasing schedule relative to avoiding significant impact to roadways within thc projects radius of development influence be included in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. No persons spoke or otherwise communicated any level of objection to the approval o AUG 2 6 1997 CItZ]CF PLANNER REVIEWED BY: CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP I~L~~' SERVI~ DEP~. TM~NT DIR~OR / ~NC~NT A. CAUT~RO~ AD~TOR DA~ PUD-97-8 EX SUMMARY/~ 4 AUG ~ 6 1997' AGENDA ITEM 7-G TO TY PLANNING COMMISSION EVELOPMENT SERVICES DIVISION DATE: JUNE 10, 1997 PETITION NO: PUD-97-S, CYPRESS WOODS GOLF AND COUNTRY CLUB OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning Shopp~ 2223 Trade Center Way Naples, Florida 34109 Northbrooke Development Ltd. (Contract Purchaser) Bonila Grande Hotel 4158 Lorriane Avenue Naples, Florida 34104 Lsnd Trust 5405 Richard K. Bera~-tt, Trustee 865 5~ Avenue, South Naples, Florida 34102 I~I~OUES'rED ACTION: This petition seeks to haw certain land as herein descn'bed rezoned from its current zoning classification of"A" Rural Agricultural to the 'PUD" Planned Unit Development district. GEOGRAPHIC LOCATION: The property is 1~ north of certain property fronting on the north side of lmmokalee Road (i.e. Northbrooke pl..s PUD) and continues north hnmediately contiguous the east side of 1-75 to the south end of the Quail West PUD. The property is acce$__~xl via Northbrooke Drive (See location map fonow~ page). PURPOSE/DESCRIIrI'ION OF PRelECT: 'the proposed Cypr~ Woods Golf and Cotmtry Club PUD lays out I development scheme consi~.g of 799 dwelling units of mixed stmctu~ types, an 18 hole golf course, country club with accessory recreation ~rnenities, lakes and other open spaces on a total land ax~ of 253 AUG 2 6 1997 1 I, II AUG ~ 1997 ~URROUNDING LAND USE AND ZONING; Exi~ing: The en6~ area is vacant land with site vega~ion consisiing of pasture Sra.ss~ md otlm' v~etalion. The sit~ is h~vily invaded with ~otics, while three large borrow pi~ crated at the ~ of highway cor~uuc~ion acfivif~s. The land is zoned "A" Rural Surrounding: North - East- South - Wes't- To thc north lie~ the developmeat known Quail West, a single family golf coune co~. The dem~ is 0.~ dwellL~ uniu per To the east lie~ the developme~ known Huntington Lake~ comisfng of multiple dwelling unit~. The demity of tl~ project arrtho~ at 5.43 dwelling ~ per ~cr~. lying east of the north half of th~ project i~ the Quail Creek development consisfng of ~le family home~. The density of Quail Cheek tlx~n 1 dwelling unit per acre. The ~ ~ide of the project is bound by the Nonhbrooke ~ PUD which i~ curremly undeveloped ~ was authorized for both commercial and mixed residential developmenI along th~ northerly portion of the PUD to this project. That housing was ~nhorized 10.6 dwelling units per acre. The proj~a i~ bound on the w~ side by the I-?$ GROWTtt MANAGEMENT PLAN CONSISTENCY: Project lands are located with the Urban-Urban Resid~-~ Use designated zre~ oa the FLUE Map to the GMP. A consistency analysis with applicable elemeau ofthe GMP h as follow~: FLUE and Density_ - By virtue of it~ location in the ux'o~n re~deathl de~is,--ted m zo~ actio~ est~b~ aa trrbm resid~i.! devdopmeat u proposed i~ con~t~t with the FLUE. The proposed manber of dwelling traits is 799 for a density of 2.83 dwetling ~ per acre. ~ on the density ming ~ · portion of ih~ si~ qugiti~s for s~mn (7) dwi_ i,g units per sere while r~mining m q,,sl~s for four (4) ~ units p~' scr~. Clearly, th~ requested density is consid~-~bly less th~n h otherwi~ ~ ~ h ~ ~ ~ ~ 1370 dweflin& Traffic Ciro,lntlon_ Ele~-~.~ - Th~ numb~ of ve. hicu~ ~ th~ would b~ generated by~ r~m~emaa~~onImmok~Road fromI-7$m CR951 and west of 1-7'$. '1'1~~ ~ (six (6) lane) and 1-75 to CR951 (four (4) lane) by 1999 or phasing development ~o that it doe~ not impact traffic to tn extend greater than 5% of LOS "C" on any road segment within its radius of development influence. The Traffic Impact Study mbmitted with this petition acknowledges the fact that the total amount of development represems a significant impact on certain road segmems which would necessitate traffic and roadway widening improvements and has propor~xl a phasing schedule which by estimate would eliminate the significant impact condition and would not lower the LOS on any roadway with the project's radius of development influence (LOS "C' or better). The proposed phasing schedule would have development occur as follows: ?base X (oi/1 9) - 105 multi family dwellings 20 single family dwellings 680 AADT 871 AADT Phase II (01/20Gl) - 400 multi family dwellings 60 single family dwellings 2116 AADT 2689 AADT Phase III (01/2003) - 700 multi family dwellings 99 single family dwellings 3406 AADT 4351 AADT By limiting development in the manner proposed by this phasing schedule, it is estimated that traffic generated by this project should not represent a significant impact to any roadway segment and is therefore consistent with TCE policies. Conservation and O_r~'n Space, - Acreage qualifying as jurisdictional preserves total 40.9 acres (i.e. 14%). Together with the golf course and water management areas, qualifying open space exceeds sixty (60) percent of the gross area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas tnd by re-vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be ~.Jaieved by the PUD development strategy. Utilities and Water Management - Development of the land will proceed on the bases of cormection to the County's sewer and water distribution system. Once these utility lines ~re completed in accordance with County standards, they will be deeded to the Collier County Water-Sewer District as pr__,_,_,_,_,_,_e~m.'bed by County Ordintnces. Water management facilities will be constructed to meet County Ordinances mad these will be reviewed and approved u a function of obtai~ng subsequent develolanent order approvals. The above prescn'bed course of action makes this petition consistent with this element ofthe GMP. ttISTORIC/ARCRAEOLOGICAL IMPACT' Staffs analysis indicates t/mt the petitioner's rroperty is located outside an area of historical and Pursuant to Section 2.2.25.8.1 of the Land Development Code, if', during the course of' site clearing, excavation or other construction activity an historic or axchaeological artifact is found, all development within the minimum a~ea necessary to protect the discovery shall be immedir, tely stopped and the Collier County Code Enforcement Department contacted. EVAL~IATIQN FOR EIq~IRONMENTAI-~ TRANSPQRTATIQN ~,ND INFRA~;TRUCTURE: The subject petition has been reviewed by the gppropfiate staffresponsa%le for oversight related to ~e above referenced areas of' critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. The petition was reviewed by the EAB on June 4, 1997 and they recommended approval subject to certain revisions to the PUD which have been included in the PUD document. Jufi~lictional ~ ~ made recommendation for modZcation of PUD prov/sion~ to ensure compliance with LDC requirements and these axe also included in the PUD regulations. ANALYSIS; Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioner~. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a sunmmS' conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations axe completed as separate documents and are attached to the ~aff'report. Appropriate evaluation of petitions for rezoning should escsblish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's furore land use plan, and whether or not a rezoning ac,ion would be consistent with the Collier County Growth Management Plan in an of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infxastnscture, and comp~ta'bility with adjacent land us~ a consideration usually dealt with as a fac. et of analog the rel~o~p of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support · re. zoning action advise u follow~: Relationship to Future and Existing Land Use~ - A discussion of thh relationship, as it apples speci~y to Comer Counts legal basis for land use planning, refers to the rela~onship of' the proposed zoning action to the Future Land Use E~exaeat of the Colliex County Growth Pla~ As reported above the Future Land Use Plan acknowtedgea the emote area as an area urb~ reside=tial d~welopment is expected to occur. The Mastex Plan inustrstes (d~ d~ than o~herwise could have been ~. Re~ardlng the matter 4 [AUG 2 6 1~7 appreciated tl,at urban residential development completely surrounds the proposed Cypress Woods community. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to thc GMP (See illustration following page). The proposed development strategy is one that would allow a full range of housing structure types. Development standards relative to each housing structure type are 8eneraily consistent with the standards for conventional residential zoning districts. With respect to the matter of' compatibility, this is an evaluation whose primary focus is similarity of' land use and not density as so often misconstrued. In the case at hand, and based upon the Future Land Use Plan we have an expectation that the land will be used for urban residential purposes, and in fact the property is surrounded by residential development. The south halfo£the subject property lies contiguous the Huntington Lakes project, a multi family condominium consisting of two story buildings with an approved density of 5.43 dwelling units per acre. The Cypress Woods PUD proposes to authorize up to three story multi family structures in this area. Clearly there is no issue of compatibility, inasmuch as similar housing structure types and density characterize both projects. The north half of the project, with the exception of the most northerly tract (Tract K), proposes multi- family dwelling units (i.e. approximately 4200 linear feet) which will lie contiguous to Quail Creek, a single family detached development. Along the contiguous line on the Quail Creek side lies Pond Apple Drive, which meanders as it traverses south to north, creating a variable buffer area from the residential lots (See illustration). The Cypress Woods developmem plan also proposes a road plus a buffer strip immediately adjacent to a fence which separates Quail Creek from this project. Given required setbacks within Quail Creek, houses would generally lie 120 to 150 feet from the west boundary line of Quail Creek. Proposed building pads on Cypress Woods would have buildings erected within eighty (80) feet of the fence separating Quail Creek, therefore, residential structures will be separated by 200 to 250 feet. Within this separation there are two roads, a fence and approximately forty (40) to fifty (50) feet of buffer landscaping. Staff further recommends that the PUD document include a provision that no building will exceed a height of two (2) stories within three hundred (300) feet of the contiguous Quail Creek boundary line. The application of these standards should remove any perception that there are different styles of housing within relatively close proximity of one another and, therefore, any incompatibility. Traffic - Roadway segments with project trips exceeding 5 percem of LOS "C" design volume are presumed to have a significant impact. The LOS "C" design capacity for Immokalee Road (2 lanes) betw~ 1-75 and CR951 is 18,300 VDP, therefore, the projeci is presumed to hav~ a significant impactif the projeet trips exceed 915 trips per day on this segraent. The project is also presumedto have a significant impact if the project trips exceed 565 trips per day on CR951. The 4 lane selpm~ of CRg46 west of 1-75 has a signifi~ test !i~ of 1,940 trips. The ~ i .ml'-act is v~if:ted by determining it' the project's traffic will change the level of service of the roadway below adopted standards by adding the project tr i¢ to the projected background traffic, petitioner estimates that the project will be completed in three phases with build-out try the year 2003. Policy 5.1 of the TCE states that the BCC shall not approve any request to significat~ impact a roadway operating or projected to operate at an unacceptable level of service unless specific 5 AUG 2 $1997 7 PUD REGENCY PUD PUD 19 GC GC 17 PUD Example'of Quail Creeks west boundary showing Pond Apple Drive meandering nex~ to walX along property line establishing - a variabl~ buffer as it traverses south to north. Staff analysis indicates that due to the project phasing the trips generated by this project will not ~ the significance test on Immokal~e Road (CR$46), Airport-Pulling Road (CR31) and on CR.951 by 2003. However, Immokalee Road (fi.om 1-75 to CR951) is projcctcd to be deficient by 1999. However, the planned improvement to 4 lane this segment will increase capacity and thcreby improve the LOS to acceptable levels by 2001. When the committed road improvements are factored, all road segments within the project's radius of development influence (RI)I) will lac opcrating at an acccptable lcvel of service at the build-out of this project. Therefore, the proposed rezone request as phased is consistent with Policy 5.1 & 5.2 of the traffic circulation Element ('I'C~ of the Growth Management Plan. Traffic management system improvements are provided in the development commitments section for turn lane requirements, traffic signals, and artcrial road lighting. Utility Infrastructure - Both a public sarfitary semer and municipal water supply are available to the property and will be cxtended as a consequence of future platting to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing as the case will be for development of this land. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure which is eahan~ by its interface with Immokalee Road. Shopping centers, and medical offices ofvarious specialties are all within a short driving distance. pUD Document and Master Plan - ~ - The Cypress Woods Golf and Country Club PUD document is modeled after a County Planning Setwices Model PUD Document in terms of format, general provisions covering references to GMP and IX)C, format for addressing land uses and deveiogment stewards and development commitments. The PUD contains all of the recom...cndations of reviewing staff and the EAB. The development standards regulating the placement o,' residential structures both for individual lots and clustered development are similar to the stand,ads commonly employed in other PUD's, which by actual development practice has produced aesthetically pleasing communities. The PUD does not, however, provide that no building exceed a height of two (2) stories within three hundred (300) feet of the Quail Creek boundary line or incorporate the phasing schedule contained in their traffic analysis for maintaining consistency with TCE elements. Master Plan - The Master Plan is designed around an existing road (i.e. Northbrooke Drive) which provides the only connection to Immokalee Road at two points of intea'section (i.e. Oaks Boulevard) and a point fia'ther west. The most westerly connection will be a right-in/right-om only road. Northbrooke Drive is a public collector street and potemiaIly may extend to Bonita Beach Road in Lee County. Internal street systems fi'om Northbrooke Drive are designed to be consisteat with the County's A~ Management Policy. Development commitmems ac, knowledge the dc~lopea's right to integrate landscaping special brick paving and golf cart pathways into Northbrooke Driv~ with STAFF RECOMMENDATION: That the CoIlier County Planning Commisa'on (CC'PC) recommead approval of Petition PUD-9$-7 Cypress Woods Golf and Country Club on condition that ~commmdations rdath~ family structures to two (2) stories within three hundmt (300) f~t oftl~ Quail C the phasing schedule relative to avoiding significant impact to roadways within the 6 development influence be included in the PUD document and u otherwise destro'bed by the Ordinance o(~l~o~crn ~1 F.~'b~ ther~o. ~ ~q:fl~'O~' A~[~, xr'-- 'DATE ~ PLA.NTTER REVIE~ BY: ~ PLANNING DONALD W. ARNOLD, AICP G SERVICES D.~ARTMENT DIRECTOR ¥INCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD- St~Repon for July 17, 1997 CCPC meeting. Note: Thh petition hu been advertised for the August 26, 1997 BCC meeting.  lVIlVflSSION: IVIICHA~. A. DAVIS, CHAIRMAN PUD-98-7 STAFF REIW3RT/ixl JG ~6 19 AUG 2 6 1997 PLANNING SERVICES DEPARTMENT MEMO~~! TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION Ronald F. Nino, AICP Chief Plarmer Suly 9, 1997 Petition No. PUD-97-8, Cypress Woods I had expected the petitioner to have made certain amendment~ to their PUD in a timely manner in order to have allowed us to provide you with the mo~ up to date PUD document eonsi~ent with the staff report. This was not accomplished and therefore, I need to specifically outline the changes to the PUD document are recommended by staff: Section 2.7.A & B is redundant and may lead to confusion regzrding its intent therefore it should be deleted. Thc only condition which allows so called stacked parking and backing out into the projects ~lreet mastem is in the case of garages and their related driveway in connection with specific dwelling units. In other word~ the dwelling unit is immediat:ly behind the garage and is part of the real e~ate ownership as opposed to a common paridng lot associated with a more conventional multiple family mmenn~. In the opinion of staff relatiormhips cormistent with our development standard~ are allowed by mt pmvi~iot~ in the LDC. Section 2.10 - Section 2.10 while l~_ud=_ble as provided falls short of clarifying how and at what magc common architectural clements mad common clements in germ-al need to be submitted to Planning Services. Staff recommends that additiotml verbiage be added to require submission of specificatiotm ~g ~on clements prior to ~proval of may site development Plan or final plat whichever first occurs. Section 2.11 - The Land Development Code does not amhodze m~y residential pwject identification signs to exceed mm of 64 square feet. ~ PUD purport~ to aulhorize 128 squa~ feet. Staff would not have a problem with these allowances if they were for uanpom'y signs which would be removed mi/or replaced following project buildout Section 3.4 - Amend 3.4.A.2.Co) by adding words "which provides access to a designated parking space.. AUG 2 $ 1~7 Amemi Tab~ 1 m fo~ws:. (~ ~u~rior Lo~ (lO Come~ Lo-- ~o ~. ~o tt (4o ~.y,~ WA Frou! Yard S~ck (I) ~ 25fl. 20fL 2$fL (i0 A~ 20 ~ 20 ft. 15 ft. (i~') A~hi~ The~ (2) (2) (2) Unified Plan Side Y~rd Sed:~ck 2 story (ii) Acc¢~,ory (iii) AtcMt~cm.,-al Theme Unified Plan 5 ft. or 0 & 10 fL ~n 5 ft. 7.5 f~or0& 15 fLo~ 7.5 ~ N/A N/A N/A N/A (2) (2) 10 ft. or ½ BH 12J ~ or ½ BH l$~or½BH 15 flor ½BH (2) Re~ Y~rd Setback (1) Mai~Princip~l 20 fL 20 ft. 20 ft. (ii) Accesrmry 10 fL I0 ft. lO ft. (ii0 Atch~-m-~ ~ (2) (2) (2) Unified Di~t~nce Between Structures O) Mai~Ori~cipal I s~ory (ii) Accessory (iii) ~u~:hi~,:~m ~ Ulgtied 10ft. 10fL 15fl !$~ N/A N/A 10~ 10ft. (2) (2) i$ ~.or ½SBH 20 ft. or ½ SBH 25 ft. or ½ SBH ~-,du~,i~ "A") (2) ~ Se~mck o0 20 ft. 20 ~ 20 ft. Pr~n've S~back 25ft. 2$ft. 25ft. p~t-%. Lo~ N/A WA (S) Ma.,~,--n Heki,t O) ~ ~s it & 2 s~i~ 3~ ft. & 2 S~or~ (h') Accessory 14 ~ 14 it. 38 ft. & 3 Stodes 14fL (1) Minimum lot frontage in parenthesis applies in case where a dwelling unit in a 2 family structure is on individually platted lots. Reduced development standards may be approved for Architectural Theme Urgfied projects provided a Site Development Plan is approved pursuant to Division 3.3 of the LDC. Projects must demonstrate unique characteristics to justify application of reduced standards. In the case of buildings employing a zero (0) yard setback the opposite interior lot line shall provide 10 feet or 15 feet of setback based on a one or two story wall adjacent the lot line. Additionally projects employing a zero (0) Iot line development shall submit a plan of all of the lots in the project identifying building envelope locations to Customer Services prior to the issuance of the firat zero (0) lot line dwelling unit. (4) Lake setbacks are measured fi'om the control elevation established for the lake. (5) Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development A green space area ofnot less than ten feet (103 in width as measure,l from pavement edge shall separate any parking aisle or driveway from any abutting road. (6) No thr~ (3) story building shall be constructed within three hundred (300) feet of the Quail Creek west boundary line. Recommend addition of Phasing Schedule to SectiOn 6. I0 Traffic, at the end of item L as follows: Issuance of building permits shall be based on the following phasing ~chedule: Phase I (01/1999)- 112 multi family dwellings 20 single family dwellings 724 AADT 915 AADT Phase II (01/2001) - 400 multi family dwellings 60 single family dwellln? 2,116 AADT 2,689 AADT Phase III (01/2003) - 700 multi family dwellings 99 single family dwellings 3,406 AADT 4,351 A.M3T-- 199/' Notwithstanding the ~bov¢ in tho ~vent Immok~lee Ro~d (CR-846) from 1-75 to CR-951 i~ no~ op~'~ng below LOS '~D* ~ ~ny ph~e of the d~¢lopmen! then building permi~ ~hall b~ ~ which excce~ tho~ of ~my particul~r pha~. Should Immokalee Road (CR-846) be c, ommi~_~_ for widening to four (4) lanes between 1-75 and CR-951 with construction completed by 2001 thru project phasing will not apply. CYPRESS WOODS ME~O~,,,d 4 FINDINGS FOR PUD lrUD..~7-g Section 2.7.3.2.5 of the Collier County Land Development Code requires the Plamzing Commission to make a finding as to thc PUD Master Plans' compliance with the following criteria: The $uit~bility of the area for the type and pattern of development proposed in relation to physical characteri~tlca of the land, surrounding areas, traffic ~nd acceaa, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of re. ale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enimnc~ for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of arterial roads, ail of w~.~ich are well within the urbanized area providing easy aox, ess to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with aL1 actions that intensify urban development patterns ther~ is some io~ to travel time for ur~-~ of the same arterial road v~tem. Summary Findinm Jurisdictional rcvicws by County staff support the maJmer led pattern of developmem proposed for the ml~ect propeaW. Develo~ condifioms suppletmming the PUD docmnent will be rer, ommended to the Board of Coumy Adequac7 of evidence of unifled control end suitibillt7 of n7 proposed tpzaBents, contract, or other tnstrumenU, or for amendments in those proposed, ptr~ they may relate to ,xrnremenu or provisions to be made for the eontinntng operation and maintenance of such areas and facilities that are or maintained at public expense. t __._J Pro/Con: Evaluation not applicable. Summary Finding: Doo. a'nenta submitted with the application provide evidence of unified control. The PUD document makes appropriate provisior, t for cominuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The developmem strategy for the subject property is entirely consistent with the goals, objectives and policies ofthe Growth Management Plan. Con: (i) None. Summary Finding. The subject petition has been found consistent with the goals, objectives and policies of the Growth Mas~em~ Plan. A more detailed description of this conformity is addressed in the Staff'Report Additional Finding: The subject property is designated Urban IVIixed-Use - Urban Residential on the FLUE to the GMP. As such it au~o~ zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate s~f for compliance with the applicable elements of the Growth Management Plan, as note below:. Future Land Use Element - Consistency with FLUE requir~ is f~rther descn'bed as follows: Residential Density - Approval would authorize seven hundred and ninety nine (799) dwelling units whose density would be 2.8 dwelling units pex acre. This is consist~t with the density rating system to the FLUE. LIad..H~ - The urban residential sulxli~ct allows all residemial smumu~ types and other uses normally found in & residential enviromn~ such as recreatio,t,~ accessory uses. Traffic Ch'culation Elemerrt - Anslysis ofthe subject petition concluded with a finding with development phasin8 this petition is consistent with the polities oftbe TCE. Recreation and ~ Space Elemem - Sixty (60%) petcem or more ofthe land area is to be developed as open space consisting of a golf course, lakes and landscape buffers. 2 2 $1697 This area is exclusive o£the amount of open space that remains as each development parcel or tract is developed. Said amount of'open space is equal to the open space requirement of 60% for residential PUD's ex¢Ius~ve of that open space related to actual residentiaJ development. Other Applicable Elem~t (il - By virtue of' development commitments and master plan development strategy, staff' is of the opinion that the Cypress Woods PUD is entirely consistent wi~h provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate., stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/~gn: Evaluation not applicable. Summary Findine.'_ The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. pro/~on; Evaluation not applicable. Summary Findine: The amount of open space set aside by this project is greater than the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con; Eva~uation not applicable. SummarTFi~Idine: Tuning or sequence requirements is not a significant problem. of developme~ Se~ finding No. ia light of concummcy 1, also applicable for this 3 AUG 2 G 1997 e,. The ability o1' the subject property and of surrounding areas to accommodate expansion. Evaluation not applicable. ~ummnrv Findln~.'_ Ability, as applied in this comexx, implies supporting infi'astmcture such as wastewater disposal system, potable ,,,rater supplies, characteristics of'the property relative to hazards, and capadty of roads, is supportive of conditions emanating fi.om urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Evaluation not applicable. SummarT Finding[ This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from developmem standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-97-8/pd AUG 2 $1997 RKZON~ FINDINGS PETITION PU'D-97-8 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: e Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con; Evaluation not applicable. Summa~ Findinzs: The proposed development is in compliance with the Future land Use Element ofthe Growth Management Plan for Collier County and all other elements, their objectives and policies. The urban residential FLUE desi/mIion, applicable to the property, anticipates a zoning action to any residential zoni~ district inclusive of PUD's so long as the authoriz~ density is consistent with the dengty rating system to the FLUE. Companion PUD Irmdings evaluation as well as the adopted CCPC staff report addresses this sa~e finding. The existing land use pattern; Pro/Cgn; Evaluation not applicable. The entire area is vacant land with site vel/etation consisfin& of pa~u'= gntsses, and other vegetation. The site is heav~ invaded with exotics, wlile three larse borrow pits wer~ created at the time of "Ao ~ Api~ Surroundi~: North - To the north lies the development known as Quail West, a s~le f~n~/~olt' coune comzan~. demlty is 0.60 dwen~ un~u per ac~ To the east lies ~ developme~ known as Hu~in&ton Lakes consisti~ of multiple dw61i~ unitt The de~y Of t~t~_~ pt'oj~ AUG 2 6 1997 e e West- Creek development consisting of six.lc family homes. Th~ dengty of Quail Creek is less ~_~n I dwelling unit ~ s~re. The south side of the project is bound by the Northbrooke Plaza PUD which is corr~__~t__l~ undeveloped and was authorized for both commercial and nixed residential development along northerly portion of the PUD adjacent to this project. That housing was authorized at 10.6 dwe ;fling twits per acre. The project is bound on the west side by the 1-75 The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findints: The pa~.l is ora sufficient size tlmt it will not result in an isolated district twa'elated to adjacent and neszby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate inf-astru~e, nearby urban development support the timing relationship and justify the conversion process of agricultural to residential zonln~. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. ~gmmarv Findinzs: The district boundaries are logically drawn. For all practical purposes this action will result in expanding the botmdm'ies of similar residential zoning W'nether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evalu~on not applicable. Summary Flndints: Th~ proposed zonin8 chan~ is ~ b~ed on tho cxisting conditions of the propmy ~f becmne ~ relationship to the FLUE (Futm'~ Land EI~ of'~ GMP) is a po~ti~ one. Whether the proposed change will adversely Influence living neighborhood; O) The County's land use policy as reflected by the FLUE supports and action to allow urban residential development. (i) Urban l~axed-Use development may not coincide with resident's desire to maintain a natural atmosphere. Summary Findimts: The proposed change will not adver~ly influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of the subject property as phased is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity resulting under a phased program should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: (i) Urban intensification is cost effective. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree ofdlscomfort is regulated by concurrency requirements. Summary Findints: Evaluation of this project took into ac. count the requirement for consistency with Policy 5.1 of the Traffic Elemem of the GIMP and was found consistent, by utilizing a phased development program, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traff¢ signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Road improvements precipitated by this development and water management improvements to accommodate ~ite development are designed to accommodate the normal drainage requh'me (i) Urban intemification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. 3 AUG 2 0 1997 e 10. 11. 12. ~ Every project approved in Collier County involving the utilh~on of land for some land use activity is scruth~zed and required to m~gaze all ~ub-surfa~e drainage generated by developmental activities ss a condition orapprovnl. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summar~ F~n~lin~I AH projects in Collier County are mbjcct to the developme~ standards tMt are unique to the zoning district in which it is located. These development standards and others apply genernlly and equally to ~II zoning districts (i.e. open space requirement, corridor ~gement provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. Con: (i) There is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the nearby environs. Summary Findinl~s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself' may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with ezisting regulations; Pro/Con; Evaluation not appl/cable. Summary Finding; The basic premise underlying all of the development standards in the zoning division of the Land Developme~ Code is that their sound application when combined with the administrative site development plan approval process, ~ reasonable assurance that a change in zoning will not reault in a deterrence to improvemem or development of adjacent property. Whether the proposed change will constitnte a ~rant of special private to an individual owner as contrasting with the public welfare; 4 Pro/Con: Evaluation not applicable. No. ~ AUG 2 6 1997 13. 14. 15. 16. 17. ~ The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning ~xtions when they are consistent with .~aid Comprehensive Plan. In light of' this fact the proposed change does not constitute a grant of special priv:.lege. Consistency with the FLUE is f'unber determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with ezisting zoning; Evaluation not applicable. Summary Findi,~i The subject property is zoned "A' Rural Agricultural. To deny this petition would deprive the owner of'any reasonable use of the property consistem with the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County: Pro/~0n.'_ Evaluation not applicable. Summary Findines~ The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con; Evaluation not applicable. ~;ummarv Findings_- This site is zoned "A" Rural Agricultural. W~ether or not there are other similarly zoned residential areas il irrelevant. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potentiM uses under the proposed zoning classification_ Pro/Con; Evaluation not applicable, Summary lqndin~? Tho site will be altered to the extent necessary to execute the deve. l~ strategy. The impact of development on the availability of adequate public facilities and serv/ces consistent with the levels of service adopted tn the Collier County Growth Management Plan and as defined and implemented through the.Cfl~li,.r County Adequate Public Fac/Hties Ordinance, as amended. ] A~,-~: ."-'- -- ~ Eval~tion not applicable. ~ Staff review~ for adequacy of public s~rvices detern-ined that required infi'astructure meets with GMP. estabILsl~ rdati~ps. NOTE: ~ ra~&u.~ the Future L~d U~ EI~ offl~ GMP. KEZONE FINDINGS PUD-97-g/pd AUG ~ $1997 PA. ~ ORDINANCE NO. 97- AN ORDINANCE AME}IDING ORDIHA~CE NUHBER 91-102 THE COLLIER COUNTY LA~D DEVELOPS. CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE U~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A/WENDING THE OFFICIAL ZONING ATL~ ~PS NU~ER 8619S and 8619N~ BY CHANGING THE ZONING CLASSIFICATION O£ THE HEREIN DESCRIBED REAL PROPERTY FROM 'A' RUIL~LAGRICULTUR~TO PLANNED UNIT DEVELOPMENT KNOWN ;tS CYPRESS WOODS GOLF & COU74TRY CLUB FOR A MIXED P~IDENTIJiLARD GOLF COURSE ~JiSTER PLANNED CO~JNITY FOR PROPERTY LOCATEO NORTH OF IMHOKALEE ROAD ARD I~9~EDIATELY CONTIGUOUS THE EAST SIDE OF INTERSTATE HIGHWAY 75 IN THE E~T PORTION OF IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RARGE 26 EAST, COLLIER COUNI'Y, FLORIDA, CONSISTING OF 283 ACRES, MORE OR LESS AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bill Hoover of Hoover Planning Shoppe, representing Northbrooke Development, Ltd., Bonita Grande Hotel Corporation and Land Trust 5405, Richard K. Bennett, Trustee, petitioned the Board of County Co~issioners to change the zoning classification of the herein described real property~ NOW, THEREFORE BE IT ORDAINED by the Board of County Con~aissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 18 and 19, Townshi9 48 South, Range 26 East, Collier County, Florida, is changed fr~ 'A' Rural Agricultural to "PUD' Planned Unit Development in accordance with the Cypress Woods Golf & Country Club POD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps N-mb_er 8619S and 8619N , as described in Ordinance Nund~er 91-102, the Collier County Land Development Code, are hereby an~nded accordingly. SECTION TWO: This Ordinance shall bec~ effective upon filing with the Department of State. -1- AUG 2 $1997 PASSED AND DOLY ADOPTED by t:h~ Boa~:d of County Comm/ss~.oners of CollJ. e.~ County, £1or~.da, th.ts ~ day of , 1997. BOARD OF COLLIe. COGNTY, FLORII3A D~XGH? E. B~K, ¢~ BY~ TIHOTHY L. HANCOCK, APPROVED AS TO FORM AND LEGAL SUFFICIENCY /~%~ HAI~JORIE H. STUDENT ASSISTANT COUNTY ATTORNEY -3- AUG 2 6 1997 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. COORDINATING PLANNER: DATE RECEIVED Applican',YPetitioner Na/ne: ~Devel~onita .Q.Q~o~I ann r r r V P Address: 4158 Lorraine Avenu a ]~ Phone: 643-5053 Grande Hotel Property Owner Name and Address: Land Trusl[: 5405, Richard K. Bennett, Trustee. 865 Fifth Avenue South, Naples, FL 34102 Phone: 262-0400 Detailed Legal Description of Subject Property: Sections 18& 19 Township.,4gs Range 26E See attached legal description, Property Identification #: 00183800004, 00183920007, 00184080001 Size of Property: 7,800 Feet x 1,500 Feet - 285± Acres General Location of Subject Property: One-quarger mile north of Immokalee Road, adjacent to the eastern boundar3' of the Inter~tate 75 ROW, Adjacent Zoning and Land Use: ZONTNO N - Quail West PUD S- Northbrooke PUD E - RSF-2. Golf Course E - Huntin~on Lakes PUD W - !-75 ROW, Regency Village PUD/Agricultural LAND USE Sin~zle-Family Homes & Golf Course Vacant but aovroved for commerci.! Single-Family & OolfCourse Condominium~; Freeway. Golf ¢ourr~ ¢ommunity /Farmlan~ Existing Zoning: Agricultural, Proposed Land Use or Range of Uses: PUD for a Golf Course Community with Permitted Uses of Golf Course. Clubhouse. Maintenance Fac/l/tv. Sinl~l¢-Familv Homes. Two Family Homes and ¢ondominigml;, Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. AUG 2 $1997 Has a public hearing for a rezone been held on this property within the l~St 12 months.'? If yes, please write the rezone application number. Is this property currently vacant? Yes. land use and all existi~.t."ucmres. Frar~: W Coope, (Petitioner) Bor~ta Grande Hotel Corporation as General Panner It' the answer is no please describe the current * If petitioner is a corporation other than a public corporations, so indicate and name of'ricers and major ~ockholders. ' If petitioner is a land trust, so indicate and name beneficiar~es. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a lea.see, attach copy of lease, and indicate actual owners if not indicated on the lease. * If'petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. S~e at~ached authgrizati0n letger~, Nonhbrooke Development, Ltd. is a Florida Limited Partnership controlled by the General Partner, Bonita Grande Hotel Corporation, a Florida Corporation. Frank W. Cooper is Vice-President of Bonita Grande Hotel Corporation. The majority stockholders of Bonita Grande Hotel Corporation ar~ Frank W. Cooper and Dennis P. Frechette. The existing limited parmer is the land owner - Land Trust 540:5, Richard K. BennetL as trustee. AUG g lgg? .T hie Memorandum is made and entered into this ~" day of , z997, a r&orida limited pa~nership, hereinafter refe~ed to as "No,brooke"; and RZ~ K. B~, as T~ltel ~aer ~na T~st A~e~ent bearing n~er ~40S, hereinafter refaced to as "~stee". WITNBBHETHz WHEREAS, Trustee is the owner and holder of the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (hereinafter, the "Property-). WHEREAS, Trustee has agreed to contribute all or some portion of saidProperty to Northbrooke, in conformitywith the Northbrooke Development, Ltd. limited partnership agreement. WHEREAS, said limited partnership agreement contemplates that a memorandum be placed of public record, evidencing the Trustee,s obligation to convey the Property to Northbrooke, in conformity with, and subject to, the terms and provisions of said limited partnership agreement. NOW, therefor, the acknowledge as follows: e parties hereto do hereby 3e 11'~116502. I agree and The above-captioned recitals are true and correct. Trustee specifically acknowledges that Trustee is obligated to contribute the Property to Northbrooke in accordance with, and subject to, the terms and provisions of the limited partnership agreement referenced herei]l. This Memorandum is placed of public record in conforlity with said limited partnership agreement, and to alert third parties of Northbrooke,s interest in and to the Property. i AUG261997 ! STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and acknowledged before me this ~ day of ,/,lr~/, / , 1997 ---' .... . Serial $ (if STATE OF FLORIDA COUNTY OF COLLIER me this ~ oi n and acknowledged before "' -- , 1997, by BENNETT, as Trustee un~sr~ ..... who is personally known to me. ¥,.-,--~mn~ ~&r~ng ntm~er S405, .My Commission Expires: SerLal {~ (if any) -3- AUG Y. 6 1997 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. (Pri~nt me b~.low},., o y NORTKBROOK~ DEFELOPHEHT, LTD.; a Florida limited partnership, By: (Corporate Seal) BONITA GRANDE HOTEL CORPORATION, a Florida corporation, as~its sola By: Frank W. ~ooper, as Vice President tness # 2 (Print name J.Cr.) .¢.,./,.I ,¢.,.¢ -J /'"//t~ -~/- f-.. I.- .~' / 'RICHARD K. BENNETT, as Trustee under Land Trust Agreement bearing number 540S -2- i AUG O 1997 15:]5 8134345629 MCDO',I,~_L LAI4 CFFZCE PAGE: 82 LAND TRUST 5405 1994 TAX & EXPENSE COLLECTION Banner Enterprises, Inc. George W. Barnette, Jr. BCG-M V Partnership James A. Brow~, Jr. Edgar E. Davis Earl L. Frye F. Boyd Fowler Douglas L.P. Hamilton Est. Daniel R. Harper Indian Trails, Inc. Robert Katzenmeyer George £. Kawamoto John M. Kelly, Trustee Joseph & Theda Lankford Tree Betty Lipps Ernest J. Nagy J.D. Nicewonder Mark D. Nlcewonder PC[~M-86 A Michigan Co-Ptr Ribek Company Theodore Sanborn Estate Paul F. Wagner Estate Marilyn V. wittus TUA Tax & Exp $ 6.000.00 2.75 $ 165.00 5.00 300.00 5.00 300.00 5.00 300.00 2.50 150.00 2.375 142.50 5.00 300.00 2.50 150.00 7.50 450.00 5.00 300.00 .125 7.50 5.00 300.00 2.50 150.00 2.50 150.00 5.00 300.00 7.50 450.00 10.00 600.00 5.00 300.00 5.00 300.00 3.75 225.00 5.00 300.00 1.00 60.00 2.50 150.00 COLL. $75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.0O 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.OO 75.00 240.00 375.00 375.00 375.UU 225.00 217.50 375.00 225.00 525.00 375.00 82.50 375.00 225.00 225.00 375.00 525.00 675.00 375.00 375.00 300.00 375.00 135.00 225.00 AUG 2 6 1997 __P.. 3& _ EX~TB'rT ~ All of those portions of Sections 18 and 19, Township 48 South, Range 26 East, Collier Cotmty, Florida, located east of the 1-75 right-of-way, less and excepting those portions thereof known as Northbrooke Drive, according to the plat thereof recorded in Plat Book 24, Pages 90 through 92, inclusive, of the Public Records of Collier County, Florida; and further less and excepting the commercial property described on Exhibit "C" attached hereto. AUG 6 1997 .-~, .,~ ~.. ..'. . · :~_~.:~ ~T~, ~.:~' *."..~ .. ' -, ~ ~;~ ~:..'... :. 2,.t5.~ · u.~?~.V.,..... .... . · .~ . .. . . .. . . . ...~.,~:- ~S ...... '?'~'~;~rcel of land located in the ~outheast quarter of Section 10, T~nshlp. q8 ;:':}~"S;~th;'.~n~e 26 ~st, ~iller ~unty, Florida, being more .particularly '.'%~.G.~.~ '* ..; ' - . . · · ~ ~ '-'.' . . ' . . · ?~ji.~.'~mmenca'at the S~theast corner of SocUon 19, Townshlp ~8 South, Range '::' :'~.'26:'East; Collier County; Florida, thence run South ggo3qt3G" West along the 'South.llne of the Southeast quarter of the said Section 19 for a distance of 100.00 .feet: thence run North 00eq2~$q" West parallel with tho East line of the Southeast quarter of the said Section 19 for a distance, of 100.00 feet to a point on the Nurtherly ilne of a' 100.00 foot County Canal easement and the POIN.T OF BEGIfINING of the parcel of land herein described; thence continue North 00~q~Sq" West parallel with the East line of the Southeast quarter of 'the .said Section 1~ for a distance of 1,2q3.75 feet: thence run South ..89e17~06" West for a distance of qS0.00 feet: thence run North qSeq$~00" West · -.'for'a'dlstance of 200.00 feet: . thence run Horth' 28e38~00" West (or a distance 'of 321.01 feet= thence run Horth 78~55~38" West for a dlstance of Sqq.92 feet to the Hortheasterly corner of a. dralnage easement ~'ecorded in Official Record Book 365 at Page qlq of the Public Records of Collier Couhty, Florida; thence run South 01037~19" East along the Easterly llne of salG drainage easement for. e dtstanc& of qq2.73 feet.to the beginning of a tangentla~ circular curve 'concave to the East: thence r. un Southerly along the arc of sald curve to the left, s~me 'being the Easterly line of said dralnag& eas6~'ent, having a {~dlus · of 2,6'50.79 feet through · central angle of 10e32~08", subtended by a chord of qg6.Tq feel et a bearing of South 0G°53~23" East, for a distance of qS'7.q3 .feet to the end of said curve; thence run South 12009~27" East along the Easterly line of the said drainage easement for a' distance of 675.?? feet; thence run 'SoUth tla°qg'R0e East along the Easterly line of the said drainage easement for a distance of 279.67 feet to a point on the ltortherly llne of a 100.00 fool County Canal easement: thence run-North Bge3q~3G" East along the N~therly line of the said 100.00 foot County Canal easement for a distance of 873,61 feet to the POINT OF BEGINNING. Containing. 39.90 ac'res, more or less. ' · Sublect to easem'ents, reservations or restrictions of record. [,ess and excepting that ~ortion of the above-described premises located within the plat of tlorthb~ooke Dr£ve~ acco~:ding tb the plat thee:eof recorded Ln Plat ~k 24, Pages 90 tht~gh 92, Lnclu~[ve, of the Public Records of ~ll[e~ County, Florida. AUG 2 $1997 Pa- ~ RE: NOTARIZED LETTER OF AUTHORIZATION Proposed 289+_ Acre Cypress Woods PUD, Rezoning Adjacent to and East of the Eastern Boundary of the Interstate 75 Right-of-Way, in Sections 18 and 19, Township 48S, Range 26E, Collier County, Florida To Whom It May Concern: Please t~e advised that Purse Associates, Inc., 10100 Valewood Drive, Naples, Florida 34119, Collier Environmental Consultants, 3880 Estey Avenue, Naples, Florida 34104, and the Hoover Planning Shoppe, 2223 Trade Center Way, Naples, Florida 34109 have been officially engaged by Bonita Grande Hotel Corporation General Partner, Northbrooke Development, Limited, to act as its authorized agents and to request necessary applications dudng the PUD Rezoning, Site Development Plan, and related developmental/permitting processes for the subject project. Silly, FranY, W. C'o6per, V.P. STATE OF FLORIDA COUNTY OF ,' The foregoing instrument was .', .-- ., 1997 by known to me or has produced ident~cat16n'an,,cl, ~ho d, id (did not)take an oath. Notary Public, state of Florida acknowledged before me this '~ "* day of ;: ... L.. ~.'~ ~-, ', who is personally My Commission Expires: "~,. ~..."~ 2 1997 CYPRESS WOODS GOLF AND COUNTRY CLUB PUD A PI_ANNED UNIT DEVELOPMENT PREPARED FOR: NORTHBROOKE DEVELOPMENT, LTD. BONITA GRANDE HOTEL CORPORATION AS GENERAL PARTNER FRANK W. COOPER, ViCE PRESIDENT 4158 LORRAINE AVENUE NAPLES, FLORIDA 34104 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FLORIDA 34103 AND GEOFFREY PURSE, P.E. PURSE ASSOCIATES, INC. 10100 VALEWOOD DRIVE NAPLES, FLORIDA 34119 DATE FILED APRIl. 25.1997 DATE REVISED JULY ~1~, 1997_ BY CCPC 1997 Jt,ILY 17, DATE REVIEWED BY BCC ~'---' DATE APPROVED ORDINANCE NUMBER __ ~ "'-~ i AU~, 2.~ 1~97 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN SECTION V PRESERVE AREAS PLAr,I SECTION VI DEVELOPMENT COMMITMENTS i ii 1 3 6 10 14 16 17 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN (ENTIRE AREA) PUD MASTER PLAN (SOUTH HALF ONLY) PUD MASTER PLAN (NORTH HALF ONLY) PUD CONCEPTUAL WATER MANAGEMENT PLAN LEGAL DESCRIPTION DETAIL OF ROADWAY WITHIN PLATTED AREA OF PUD I AUS2~1997 STATEMENT OF COMPLIANCE The development of approximately 285+ acres of property in Collier County, as a Planned Unit Development to be known as Cypress Woods Golf and Country Club PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential and golf course facilities of the Cypress Woods Golf and Country Club PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The approximate southern 108 acres of the project is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Interchange Activity Center, as described within the Density Rating System of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o The projected density of 2.80 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: AUG 2 6 1997 R~ardinci the Aooroximate Southern 108+ Acres of the Site Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellinq units/acre Maximum Permitted Density 7 dwelling units/acre Acr~aoe permitted Density-Units 108 7 units/acre -756 units Reouested Density-Units 3.46 units/acre -374 units Reaardin~ the ADoroximete Northern 177_'Z' Acres of the Site Base Density 4 dwellin~ units/acre Maximum Permitted Density 4 dwelling units/acre Ac,,r?aae Permitled Density-Units 177 4 units/acm -708 units ~eauested Density-Units 2.40 units/acre -425 units Reqardinq the Entire Proiect Acreaae p{~rmitted Density-Units _R~uested Density-Units 285 5.15 units/acre-1464 units 2.80 units/acre -799 units All final local development orders for this project are subject to Division Adequate Public Facilities, of the Collier County Land Development Code. 3. T5, AUG 2 6 i997 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Cypress Woods Golf and Country Club PUD. The subject property being 285_+ acres, and located in Sections 18 and I9, Township 48 South, and Range 26 East, is described as: 1.3 ,PROPERTY OWNERSHIP 1.4 The subject property is owned by: Land Trust 5405 Richard K. Bennett, Trustee 865 Fifth Avenue South Naples, Flodda 34102 The property is under contract to purchase by: Northbrooke Development, Ltd. Bonita Grande Hotel Corporation as General Partner Frank W. Cooper, Vice President 4158 Lorraine Avenue Naples, Florida 34104 GENERAL DESCRIPTION OF PROPERTY ARE.% The subject property is adjacent to and east of the Interstate 75 right-of- way, and fronts along Northbrooke Drive, (unincorporated Collier County), Florida. It extends from 1/4 mile north of Immokalee Road to 2 miles north of Immokalee Road. Bo The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Cocohatchee River Canal Drainage Basin according to the Collier County Drainage Atlas. Stormwater runoff from the site shall be routed to discharge into the Immokalee Road Canal. Natural ground elevation is approximately 12 to 13 NGVD with the entire site located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system shall consist of a series of lakes and drainage pipes that will convey the water from the north end of the project to the Immokalee Road Canal as it goes under Interstate 75. The existing Cypress heads will be isolated from the water management system because of excess water draining into them from Interstate 75. A perimeter berm set at the 25 year stage shall be placed around the Cypress heads and boundaries of the project will ensure that no off-site water enters the project. The berming of the off-site flows will in no way effect the drainage of the offsite areas. Per Collier County Soil Legend, dated January 1990, there are 6 types of soil found within the limits of the property: #2 Holopaw Fine Sand, Limestone Substratum #11 Hallandale Fine Sand #21 Boca Fine Sand #23 Holopaw and Okeelanta Soils Depressional #25 Boca, Riviera, Limestone Substratum and Copeland Fine Sand Depressional #27 Holopaw Fine Sand The site vegetation consists mainly of: Slash Pine, Cabbage Palm, Cypress, Palmetto, pasture grasses, and Cat-tails within the shallower areas of the borrow pits. The site has been heavily invaded by exotics (i.e. Melaleuca and Brazilian Pepper). 1.6 PROJECT DES(~RIPTION The Cypress Woods Golf and Country Club PUD is an 18-hole, private golf course community composed of a maximum of 799 residential units. The project is projected to be completed in three (3) key phases, which are described as: Phase I (between late 1997 - 1999), Phase II (between 1999 - 2001), and Phase II1 (between 2001 - 2003). These residential units are projected to be developed for up to 99 single-family homes and 700 condominiums. The condominium units are projected to be: coach homes, carriage homes, garden apartments, and~tw~__ ; 1.7 family units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. ~;HORT TITLE This Ordinance shall be known and cited as the "Cypress Woods Golf and Country Club Planned Unit Development Ordinance". 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS p~RPOSE The purpose of this Section is to delineate and generally describe the project plar~ of development, relationships to applicable County ordinances, the respecti~ land uses of the tracts included in the project, as well as other project relation., hips. GENERAL Ao Regulations for development of the Cypress Woods Golf and Country Clu~ PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development Distdct and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Wher~ these regulations fail to provide developmental standards then the previsions of the most similar district in the Land Development Code shaJl apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co Ail conditions imposed and graphic matedal presented depicting restrictions for the development of the Cypress Woods Golf and Country Club PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any vadance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this I:~tition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 ESCRIPTI N FPR JE TDEN ITY RINT N ITY F ND 2.4 2.5 2.6 A maximum of 799 dwelling units shall be constructed in the residential areas of the project. The gross project area is 285_* acres. The gross project density shall be a maximum of 2.80 units per acre. RELATED PROJECT PLAN APPROVAL RECtUIREMENT$ The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SAt-ES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of the Land Development Code. PROVISION FQR OFF-SITE REMOVAl, OF EARTHEN MATERIAl, The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a 'Development Excavation" pursuant to Section 3.5.5.1.3 of the Land DeveloDment_...C._ode~... i ' /~.UG 2 ~. !997 whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards, All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 2.7 OFF STREET PARKING AND LOADIN(~ RE(~I, JlREMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2.8 OPEN SPACE/NATURAL HABITAT PRESERVE AR~A RE(~I, IIREMENT~; A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site, 2.9 LANDSCAPING AND BUFFERING R~Q[,IIREMENT$ Where roads internal to the PUD are parallel to Northbrooke Drive or vehicular use areas abut Northbrooke Drive, a fifteen (15) foot wide buffer (may be reduced to ten feet in width for areas adjacent to vehicular tum- arounds) shall be located between the internal paved area and Northbrooke Ddve. Such fifteen (15) foot buffer shall have trees at a minimum of 25 foot on-center and a single hedge row. Such trees and shrubs shall meet the standards for plantings, as described within Section 2,4.4 Plant Material Standards and Installation Standards, of the Land Development Code. Where different types of residential units or land uses within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Co A berm, berm/wall combination, or berm/fence combination may be provided, at the option of the developer, adjacent to the Interstate 75 right- of-way. Any berm, berm/wall combination, or ben'n-fe.",ce combination shall have a height up to eight (8) feet above the nearest ~ travel lane of Interstate 75. The Development Services Director may administratively permit a slope steeper than 4:1 along st; h berm where such slope will still meet sound engineering and landscaping p~. A berm, berm/wall combination, or berm/fence ~ may be provided, at the option of the developer, adjacent to the rx:xlhem boun~ of the Northbrooke PI~:,a PUD. Any berm. bem'dwaa con'~:~Mio'~ or 2.10 berm-fence combination shall have a height up to eight (8) feet above its existing grade. The Development Services Director may administratively permit a slope steeper than 4:1 along such berm where such slope will still meet sound engineering and landscaping principles. ARCHITECTURAL STANDARDS 2.11 All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. At the time of Site Development Plan approval, the applicant shall demonstrate such unified architectural theme. SIGNS Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, exclusive of the following instances. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 285_-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD, as described in Section 3.4E. of this PUD Document. Exclusive of landscaping, such ground sign shall not exceed an area of sixty-four (64) square feet. Two (2) ground or wall signs shall be permitted at the southern entrance to the entire PUD, located along Northbrooke Ddve. Such signs shall contain only the name of the entire 285.-acre PUD project, names of individual communities within the PUD project, insignia or mottos of the development, and shall be architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E of this PUD Document). Each ground or wall sign shall not exceed an area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. Two (2) ground or wall signs shall be permitted at each entrance off of Northbrooke Drive. Such signs shall contain only the name of the entire 285+-acre PUD project, names of individual communities within the PUD project, insignia or mottos of the development, and shall be architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Each ground or wall sign shall not exceed an area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. ' ~.U~ 2 ~, 1997 3.2 SECTION III RESIDENTIAL AREAS PLAN The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan.. MAXIMUM DWELLING UNIT~ The maximum number of residential dwelling units within the PUD shall be 799 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes). Multi-family dwellings (includes townhouses, garden apartments, coach homes, and carriage homes). Any other use comparable in nature and deemed compatible by the Development Services Director. B. Permitted Accessory Uses and Structvres: Customary accessory uses and structures associated with the permitted principal uses including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, golf courses, and basketball/shuffle board courts. Temporary sales trailers and model units. lo 3.4 4. Gatehouse and/or entrance gate features. 5. Essential services, including interim and permanent utility and maintenance facilities, 6, Water management facilities. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for residential land uses within the Cypress Woods Golf and Country Club. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent fight-of-way line. 2. It the parcel is served by a non-platted private drive, setback is measured from the edge of pavement. If the parc .i is served by a platted private drive, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement, which provides access to a designated parking space. !! TABLE I RESlpENTIA~D~VE~OPM~NT~TANpARD~ ~;TANDARDS ~ TWO-FAMILY Minimum Lot Area (Der unit1 6,000 Sq. Ft. 5,000 Sq. FI. Minimum Lot Width Interior Lots 50 Ft. 80 Ft. (40 Ft.) (1) Corner Lots 60 Ft. 100 Ft. (50 Ft.) (1) Front Yard Setback Main/Principal 20 Ft. 20 Ft. Accessory 20 Ft. 20 Ft. Architectural Theme/Unified Plan (2) (2) Side Yard Setbac~ Main/Principal 1 Story 5 Ft. or 0 8, 10 Ft. (3) 5 Ft. or 0 & 7.5 FL (3) 2 Story 7.5 Ft. or 0 & 15 Ft. (3) 7.5 Ft. or 0 & 10 Ft. (3) 3 Story NA NA Accessory NA NA Architectural Theme/Unified Plan (2) (2) Rear Yard Se~bpc,.k~ Main/Principal 20 Ft. 20 Ft. Accessory 10' Ft. 10 Ft. Architectural Theme/Unified Plan (2) (2) Distance Between Structures MairVPrincipal I Story 10 Ft. 10 FL 2 Story 15 Ft. 15 Ft. 3 Story NA NA Accessory 10 Ft. 10 Ft. Architectural Theme/Unified Plan (2) (2) Other Settpec,.~,~ Lake (4) 20 FL 20 Ft. Preserve 25 Ft. 25 FL Parking Lots NA NA Maximum Hgighl;; Principal Building 35 Ft. & 2 stories 35 Ft. & 2 stories Accessory Building 20 Ft. 20 FL Minimum Floqr Ar~a 1200 Sq. Ft. 1100 Sq. Ft. MULTI-FAMILY NA NA 25 Ft. 15 Ft. (2) 10 Ft. or 1/2 BH 12.5 FL or 1/2 BH 15 FL or 1/2 BH 15 Ft. or 1/2 BH (2) 20 Ft 10 Ft (2) 15 Ft or 1/2 SBH 20 Ft. or 1/2 SBH 25 Ft. or 1/2 SBH (see Exhibit 'A') (2) 20 Ft. 25 Ft. (5) 38 FL & 3 stories 20 FL 1 bedroom = 850 SqPL 2 Bedroom = 1000 Sq_Ft. 3 Bed-room = 1100 S¢t. Ft. ]2 Footnotes to Table I Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot. (2) Reduced development standards may be approved for Architectural Theme Unified Plan projects provided a Site Development Plan is approved pursuant to Division 3.3 of the LDC. Projects must demonstrate unique characteristics to justify application of reduced standards. (3) In the case of buildings employing a zero (0) yard setback, the opposite interior lot line shall provide 7.5 to 15 feet of setback. Additionally projects employing a zero (0) lot line development shall submit a plan of all of the lots in the project identifying building envelope locations to Customer Services pdor to the issuance of the first building permit for a zero (0) lot line dwelling unit. (4) Lake setbacks are measured from the control elevation established for the lake. (5) Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten (10) feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. (6) Three (3) story buildings shall be setback a minimum of three hundred (300) feet from the western boundary line of Quail Creek. 13 LUC26i997 4.1 4.2 SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN The purpose of this Section is to identify specific development standards for the Golf Course/Recreational Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USE,°, No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: ^. Bo Permitted Principal Uses and Struclures; 1. Golf Course. 2. Community center/clubhouse. 3. Golf course maintenance building and golf cart storage. 4. Golf course concession building, rest areas and restro0ms. 5. Water management facilities and essential services. 6. Open space recreational activities and uses. Any other use comparable in nature and deemed compatible by the Development Services Director. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the principal uses of this district. Pro shops, golf equipment retail sales, and golf course management offices. Putting greens and aqua range. Swimming pools, tennis courts, shuffleboard court, basketball court, health club, and spa. ~4 1997 4.3 o Offices for managing leasing of residential are out of town. the clubhouse, community center, and the units within the PUD while the homeowners o Restaurants and cocktail lounges intended to serve club members and guests of club members/country club. 7. Interim real estate office exclusively for the initial sale of the residential units and golf course memberships within the PUD. DEVELOPMENT STANDARDS Table II sets forth the development standards for golf course/recreational land uses within the Cypress Woods Golf and Country Club. TABLE II GOLF COURSE/RECREATIONAL DEVELOPMI~NT STANDARDS STANDARDS CLUBHOUSE/RECREATION BUILDINGS/COMMUNITY CENTER, q;OLF ~,OURS[~ MAINTENANCE BI, JILDIN~ Tract Boundary $~tl;)ack Principal Structure 10 Ft. Accessory Structure 10 Ft. PUD Boundary Setback 20 Ft. ~_ake S~tback 20 Ft. Natur~l H~3bitat Preserve Area Setback Principal Structure 25 Ft. Accessory Structure 15 Ft. Distance Between: Principal Structures 10 Ft. Accessory Structures 5 Ft. Principal Structure and Accessory Structure 10 Ft. Maximum H~iqht: Principal Building 45 Ft. & 2 stodes Accessory Building 20 Ft. 10 Ft. 10 Ft. 20 Ft. 20 Ft. 25 Ft. 15 Ft. 10 Ft. 5 Ft. 10 Ft. 30 Ft. & I story 20 Ft. AUG 2 :', 997 5.1 5.2 SECTION V PRESERVE AREAS PLAN pURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used. or land used. in whole or part. for other than the following: A. PErmitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Golf cart pathways and boardwalks. 4. Water management facilities and essential services. 5. Native preserves and wildlife sanctuaries. 6. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 7. ,~-y other use comparable in nature and deemed compatible by the Development Services Director. 16 t .UL- 2 J97 ! / SECTION VI DEVELOPMENT COMMITMENTS / 6.1 6.2 The purpose of this Section is to set forth the commitments for the development of this project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and spedfications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 6.3 PUD MASTER PI,AN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. / I? 6.4 $(;HEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. Ao The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. M0nitQdna Reoort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 6.5 I~NGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents arc submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 6.6 WATER MANAGEMENT 6.7 Ao A copy of the South Flodda Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 18 ,,,~ 2 6 1997 6.8 6.9 Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVI~ Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Flodda Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibir~y for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in acco:dance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-fre~) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff fo~ review and approval pdor to Final Site Development Plan/Construction Plan approval. 19 I 6.10 A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on-site shall be retained, as required in Section 3.9.5.5.3 of the Collier County Land Development Code. (In essence, a minimum of 45.02 acres of native vegetation, in all three (3) strata, shall be retained on-site.) TRAFFI(~ Ao Golf cart crossings may be permitted across the Northbrooke Drive right- of-way subject to review and approval by the Transportation Services Department Director or his assignee. Golf cart paths may be permitted within the westerly ten (10) feet of the Northbrooke Ddve right-of-way subject to review and approval of the Transportation Services Department Director or his assignee. Such golf cart paths may be relocated adiacent to the Preserve Areas subject to review and approval of the Transportation Services Department Director or his assignee. The developer may be permitted to landscape the Northbrooke Drive right- of-way subject to review and approval of the Transportation Services Department Director or his assignee and subject to the issuance of a Work Within the Right-of-Way Permit, issued by the Development Services Division. All maintenance for permitted landscaping shall be the sole responsibility of the developer, his successors or assigns. The County reserves the right to require modification or removal of the landscaping, if in the opinion of the County, a safety or operational problem is determined to exist. The developer may be permitted to replace portions of the existing pavement of Northbrooke Drive with paver blocks or similar materials subject to review and approval of the Transportation Services Department Director or his assignee and subject to the issuance of a Work Within the Right-of-Way Permit, issued by the Development Services Division. All maintenance for permitted paver blocks or other permitted roadway treatment shall be the sole responsibility of the developer, his successors or assigns. The County reserves the dght to require modification or removal of the roadway treatment if, in the opinion of the County, a safety or operational problem is determined to exist. Eo Within the areas to be platted within the PUD, the forty-eight (48) foot wide right-of-way is permitted as shown on Exhibit 'F'. 2O The applicant shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Access to Northbrooke Drive shall be permitted at those access points shown on the PUD Master Plan. Location of the individual access points shall conform as neady as practical to the locations shown on the PUD Master Plan. Any revised or additional access points shall meet Collier County access standards, as described in Section 3.2.8.4.1 of the Collier County Land Development Code. The petitioner acknowledges that Northbrooke Ddve is a public collector roadway and serves properties other than the subject PUD. As such, nothing in any development order shall vest any right in the developer of this project to control, limit or otherwise hinder the free flow of traffic, including service and emergency vehicles, at any time, including dudng the construction periods of the project. Any work performed within the right-of- way shall be subject to a permit from the County. Any such work shall also be required to have a Maintenance of Traffic Plan submitted for review by both the Development Services Division and the Transportation Services Department. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. If deemed necessary by the Transportation Services Department, turn lanes in conjunction with the project access points along Northbrooke Ddve, where such access points are internal to the PUD project, shall be installed by the developer, his successors or assigns, when requested by Collier County. Any such turn lanes shall be deemed site-related and shall not be eligible for road impact fee credits. The development may be phased to accommodate th~, projected roadway deficiencJes as set forth in the Traffic Impact Statement. The developer may provide additional facilities to permit an accelerated developrnen~ schedule. If it is determined that any such additional facilities are eligible for road impact fee credits, such credits shall be the subject of a Developer Contribution Agreement in accordance with Ordinance 92-22, as amended. 21 I Issuance of building permits shall be based on the following phasing schedule: Phase I 112 multi-family dwellings 724 AADT' (Through 1999) 20 single-family dwellings 191 AA, DT' 915 AADT' Phase II 400 multi-family dwellings 2,116 AADT (Through 2001) 60 single-family dwellings ~573 AADT 2.689 AADT Phase II1 700 multi-family dwellings 3,406 AADT (Through 2003) 99 single-family dwellings c~45 AADT 4,351 AA, DT *Mixture may be adjusted as long as AADT does not exceed 915. , .AUG 2 ;997 ? II I N AU~ 2 ~ 1997 I EXECUTIVE SUMMARY PETITION NO. PUD-97-4, BLAIR A. FOLEY, P.E., OF COASTAL EN~ CONSULTANTS, INC., REPRES~G EUGENE THRUSHMAN REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT FOR 36 VILLAS AND A RECREATIONAL POOL AREA TO BE KNOWN AS MARKER LAKE VII.LAS FOR PROPERTY LOCATED ON VANDERBILT BEACH ROAD EXTENSION IN SF..L~ON 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.06 ACRES. This petition seeks to have certain land now zoned "A" Rural Agricultural rezoned to the "PUD" Planned Unit Development district for a residential development. CONSIDERATIONS: The PUD authorizes a residential developmern thal may consist of duplexes, two family or nmlfi- family housing not to exceed thirty-six (36) units ~1 a height of no greater than two stories. A perimeler road is proposed mound the site with a waler managementtlake ~menity feature in the c~er ofthe proposed housing tracts. The property is located within the urban mixed use residentially designated area on the FLUE thc FLUE. The density rating system as applied to this property authorizes a maximum density of three (3) dwelling units per The property qualifies for rezorfing by virtue of its location in the urban residential area. The petiliaz~ requests a density of three (3) dwelling units per acre, which is consistent with the maximum de~ity authorized by the density rating system. Given these facts the petition if approved would be consi~ with the FLUE. Staff has reviewed this petition for consistency with other mlaled clements of the GMP ami finds ~ PUD as stmcutmd to be consistent in all respects. It should be noted that multiple family homing structures, two (2) stories in height abuts the property on its south and west sides, while the east ~ is Yac~ulL All staff with jttrisdictional responsibilities were given an opportunity to identify jurisdictional muds resulting from development at this project. Their response identifying conditions needed to as~ze consistency with the GMP or LDC are reflected in the PUD Docttment. All rezoning ~'tions require a findings on the part of the Collier County Planning ~on (~ based on the provisions of Section 2.7~.$. A pr~xmderance of the rezone ~ i rexone the subject lands to the Planned Unit Development zotzing district. AUG 2 {~ 1997 ,. .~. formatted to give both reasons for or against a decision to r~zone the property. Said findings s~ included in this Executive Summary submission together with the Staff report which is spprov~ by the CC'PC. The Collier County Piarming Commission heard this petition on July 17, 1997. They unanimo~ly (9 to 0) recommended approval to the Board of County Commissioners. Two persons spoke voicing certain concerns relative to applicable development standards. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development hns been approved will result in a future fiscal impact on County public facilities. The County collects imimct fees prior to the issuance of building permils to help off-set the impact of each new developmem on public facilities. These impact fees are used to fund projects in the C~pital Improvement Elengm needed to maintain adopted levels of service for public facilities. In the event that imlmct fee collections are inadequate to maintain adopted levels of service, the County must provide supplemem~ funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above, land uses, density and intensity of development of the subject property ~ deemed to be consistent with the FLUE to the GIMP. Other relaled consislency reviews wer~ Ilso found to be consistent by virtue of the way in which developmenl con&dons were addressed, and ~ strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impac~ ~o the GMP resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency r~,iew aader the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building lx'rmit issuance applicable to ~ development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petition.s property is located outside an area of historiczl md archaeological probability as referenced on the official Collier County Probability Map. Therefore, ~o Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends approval of Peti~ a petition to rezone certain property to the Planned Unit Development distric ion PIID-97-4 b~irli AUG 2 G 1~17 Marker Lake Vill~ iul ~'bed ~nd regul~ed by the draft ~ ofAdoption ~nd Exla'bit~ ~ (i.e. PUD document ~md ~ Plan). PREPARED BY ~'~-~ ~ ~- ~ ('~' R(~NALD F. NTNO, AI~P ~F P~R DA~ REVIEWED BY: ROBERT J. MULHERE, AICP DONALD W. ARNOLD, AICP - DATE VINC£NT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-97-4 EX SUMMARY/md 3 AGENDA MEMORANDUM TO: FROM: DATE: CO~ COUNTY PLANNTNG COMMISSION COM~IJNH'Y DEVELOPM~N'T SERVICES DIVISION May 12, 1~7 RE: PETITION NO: OWNER/AGENT: PUD-97-4 Marker Lake Villas Agent: Mr. Blair Foley Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 Contract: Purchaser Bishop John J. BI'wens Dioce~ of Ve~tice Florida P. O. Box 2006 Venice, Florida 34284-2006 Mr. Eugene Th~shman 2063 Trade Cem~ Way Naples, Florida 34109 REOUESTED ACTION~ This petition seeks to have certain property currently zoned "A" Rural Agricultural rezoned to zhe "PUD" Planned Unit Development district. GEOGRAPHIC LOCATION; The property ilea on the somh side of Vanderbilt Beach Road approximately 1600 feet west of Riqm~ Road (See location map following page). PLrRPOSE/DF~CRIFIION OF PROJECTI The PLTD authorizes · residential development consisting of duplexes, two family and ~ housing not to exceed thirty, six (36) units. A perimeter road is proposed around the site with management/lake amenity feature in the center of the proposed housing tracts. AUG 2 I ,,~..~. SURROUNDING LAND USE AND ZONINGi S~g: Nonh- The property is yacht and zoned "A" Rmatl Agricultural. South To the north lies Vanderbilt Beach Ro~ mad right-of way. Pelican Mar~h PUD lies north of Vanderbih Beach Road and is sctiv~dy umler development u a mixed residentiaVgolf ~ community. To the east lies a five (5) acre vacant parcel of' land which is zoned "A' Rural Agricultural while further east lies the La Fontana PUD, ctm-mdy undeveloped but approved for a 120 unit Auin~ Living Facility on I0 acres of'land. -To the south lies a multiple family development associated with the Emerald Lakes PUD zoning district. This multiple family environment is a typic, a/condominium product normally asr, o,5~.d with net densities of' ten (10) to twelve (12) dwelling units per acre. To the west lies a multiple family developmem associated with the Emerald Lakes PUD zoning district with similar housing structures as ~ lying south ofthe project. GROWTH MANAGEMENT PLAN CONSISTENCY The property is located within the urban mixed use residentially designated area on the FLUE Ma~ ~o the FLUE. The density rating system as applied to this property authorizes a maximum density of three (3) dwelling units per acre. An analysis of consistency relationships with applicable elements is as follows: ~ - The property qualifies for rezoning by virtue of its location in the urban residential aret ~ petitioner requests a density ofthree (3) dwelling units per acre, which is consistent with the maxinmn den.,ity authorized by the density rating system. Given these facts the petition if approved would consistent with the FLUE. ~ - Approval of this project would be consistent with the TCE because site generated trtffic-as~l not exceed the significance test standard of 5 per~,nt of LOS "C" design volume on Vandetbiit Bem:h Road and will not lower the level of service below any adopted LOS "D" standard within the radius of development influence (RDI) (i.e. Policies 5.1 and 5.2). The project is also deemmd consistent with Policies 1.3, 1.4, 7.2 and 7.3 and is therefore deemed consistent with the TCE. ] AUGe igg7 ~ - Approximately forty-six (46) percent of the project, exclusive of area~ that w~ be lmdscaped with each building site is set aside as open space. Staff is confident tha! the applica~ice of site specific development standards plus the area specifically set aside will equal at least sixty (60) percent of the total land area and is therefore consistent with the requkement for sixty (60) pen:e~ open space. Utili _ty Elements ¢Sewer & Water) - The County's sewer and water systems will be extended to the project and all housing units wili~ be served as customers of the County's utilities system. This is consistent with utility policies. Storm Drainage/Water Managemen! - Development of the project will be required to comp.~,.., with Drainage Element policies and with LDC Code requirements. Conservation Element - Development commitments required of the PUD document will assure consistency with the Conservation Element. HISTORIC/ARCHAEOLOGICAL IMPA(~T~ Staffs analysis indicates that the petitioner's property is located outside an area of kistorical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if' during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately smpl~ and the Collier County Code Enforcement Department contacted. EVALUATION FQR ENVIRONMENTAL, TRANSPORTATION AND [NtRAS'i The subject petition has been reviewed by the appropriate staff responsible for oversight related to above referenced areas of critical concern. This includes a review by the Community Environmental and Engineering staff, and the Transportation Services Department. These help shape the content of the PUD document and cause development commitments to be forsmlsted to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. No issues were raised by reviewing staff members that were not resolved or otherwise provided ~a' in the PUD document. This petition has been administrativeh, reviewed on behalf of the EAB. ~ recommendations as resolved by staff are included in the proposed PUD development cornminnmts section. Appropriate evaluation of pethions for rezoning should establish a factual basis for supportive ~ by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the pe~i~r's relationship to the community's fi,flute land use plan, arid wbedler or not a rezoning actiae ~ould be consistent with the Collier County Growth Management Pisa ia gl of its related elements. Other evaluation considerations should include an assessment of adequacy oi' iranspo~ia~on infraslructure, other infrastructure, and compatibility with adjacent land uses, · consideralio~ umgly deal,t with as a fact of analyzing the relationship of/he rezoning action to the Ion8 range plan tot future Ired uses. ~ host important facet of the ~ezoning action is that it constitutes · legislative staIemenI that authorizes the use of land for a specific development strate~', provided the development ot'the land ~ go forward. It may not street the timing of development because of subsequent permitlin8 requirements. Stat' completed a comprehensive evaluation of this land use petition and the criteria cm ~ · favorable determination must be based as this applies to added area (i.e. 690 acres). This evalualioe is intended to provide an objective, comprehensive overview of the impacts of ~ proposed ~ me chuge, be they positive or negative, culminating in a staff recommendation based oa g~ coraprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 arid 2.7.3.2.1 of the Land Development Code thus requiring staff evaluation and comment, and form the basis lot a recommendation of approval or denial by the Planning Commission once approved and/or otbeneise modified to the Board of County Commissioners. Each of the poternial impacts or considemiam identified during the staff review are listed under each of the criterion noted and are caIegotizeg ~s either pro or con or not applicable, whichever the cue may be. in the opinion of stair. Staffrevie~ of each of the criterion is followed by a surnau~ conclusion culminating in a detmritmiaa ot' compliance, non-compliance, or complimee with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to mppmS · re. zoning action advise as follows: Relationshi_o to Future and Existin_~ Land Uses - A discussion of this relationship, a.i it apprses specifically to Collier County's legal basis for land use planning, refers to the relationship of lt~e proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. All of' the property is located within the urban residential area ot' the Future Land Use giap to FLUE to the GMP. Given the availability ora potable water system and wutewater collection and the urban influence impacting this area it is timely that this land now be rezoned to an mimn residential zoning classification. The fact that this property fronts upon a County artefial.greet.ij~:i.__=~ lane divided highway) diminishes its attractiveness for a single family detached type pot' and the type of density associated with single family housing. Additionally a multip~ family nounmg AUG f'amiby housiv~ environment lies immediately south and west of. the l~oper~ further ad'rising tha~ the prewrty be ~nedin a n~nner allowing a multiple family product. The requested density of'three (3) uek~s ~-~cN wi! produce a devdopment similar albeit at a lesser proiec~ density to that lying south and ~ ~ the prop~y and in the opinion of' staff' results in an ~rmative assessme~ of The resid~titl development of'the subjec~ property should further be deemed compatible because it is consistem w~h the FLUE, it is u~an impacted and is capable of being served with the County's warn' and sewer s~stem. The remaining five (5) acres of agriculturally zoned land to the east will likely be eeaenel at some future date in a manner consistent with the proposed Marker Lake V'tl~ deveteprnent and La Fontana PUD (i.e. 120,unit ALl:). ~- Appropriate stipulations included within the PUD document address traffic control md management responsibilities particularly as they relate to internal road cormections with Vanclerbilt Beach Road (i.e. turning lanes and compensating right-of-way) An assessment oftraffc generatk)n characteristics indicates that the proposed residential developmem vill generate approximately 344 trips on a weekday. Based on this data, the site generated tr~c tot exceed the significance test standard (5 percem of the LOS "C" design volume) on Vanderb~ Beach Road. In addition, this project will not lower the level of service below any adopted LOS "D" s~andard within the project's radius of development influence (RDI) Therefore, the projcc~ is consistent with Policy 5.1 and 5.2 of the TrAffic Circulation Element (TCE). The TCE lists this segment or' Vanderbilt Beach Road as a 4 lane arterial road fi.onfing the project. Furthermore, this road is not projected to be deficient within the next 5 years. As a result, no road improvement or project phasi~ is required. Therefore, this petition complies with Policy !.3 and i.4 of the TCE. Interconnection between adjacem lmll does not appear feasible because existing developmen~ i~ Emerald Lakes on the south and.west sides is such that intercormection is not possible. The La Fontana PUD to the east is also designed as a closed system. The five (5) acre parcel lying betwem the subject property and La Fontana most likely will be developed with a road interface directly to Vanderbilt Beach Road. Given the limited number of vehicular trips likely fi.om a development of'this land the road interface with Vanderbilt Beach Road should not have a significant impact on Vanded~ Beach Road. Utility Infrastructure - Both public sanitary sewers and municipal water supplies are available to the ~roperty and will be ex'tended as a consequence of' future platting to each lot or tract as they are ~latted. Ail development must comply with surface water management requirements invoked at the ime of subdividing as the case will be development of.this land. (ommunity_ Infrastructure and Services - Community Infrastructure and Services available are as f~llows: ~ The North Naples Fire District serves the subject area. Fire stations are located on bo~ Pine Ridge Road near Goodlette-Frank Road and Vanderbilt Beach Road west of Tamiami Trail North. AUG2 6 ~J97 ~ L ?-. ,r' I ~ ~ ~s are available at the Collier Library Branch on Vanderbih Beach toad ~est ~rl~ 'frail North (i.e. 2 miles). ~ Psrks & ~on; County parks and recreation facilities are located on Vmdm~ilt Beach Road vest of' Tamiami Trail North and on Immokslee Road just east of Goedlette-Frank Road. Sho~vin_~ & Personall The subject property lies within a short distance of a host of shopging and persona/service uses of land, An activity center is located immediately nonhand east of the property wifltin the Pelican Marsh community: Development of this property should be brthcoming within the near future, PUD Devil _om_ms~_ Standards: The allowable residential product is multiple family housing. ~m mmdards employed relative to setbacks from private streets, spg:ing between buldings md perimeter boundaries are similar to those employed in other PUD's. The PUD d~fers to the LDC for parking, landscaping, and other requiremems. ~ Design possibilities are extremely limited, given its confi~ration, size and type of h~using product to be marketed. The Master Plan depias a controlled access point, leadirl to a perimeter road circumscribing development pods with a water management/ale amenity feature in the rear of' aH building pods. This development technique is fiaraCteristic of many other existing closed system developmems throughout the urban are. In the case of an in-fill product, or one associated with natural or other physical bantu's, often times there are very limited design options. SYAFF RI~OMMENDATION: ~ ,1~.¥ C~llier County Planning Commission (CCPC) recommend approval of Petition PUD-97-4 ,beck,lion to rezone certain property to the Planned Unit Developmem district for a project tifln:l Mirker ~l~ke Villas as described and regulated by the draft Ordinance of Adoption and ~ thdreto (i,~, PUD document and Master Plan). RONALD ~6Y~ DATE CHIEF ~LANNER REVIEWED BY: CUR.RElq'r PLANNIIqG MANAGER. PL G SEK~..~~TMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRO~~ SVCS. / I~ATE / DATE Petition Number PUD-97-4 Staff Report for July 17, 1997 CCPC meeting. NOTE: This Petition has been advertised for the August 26, 1 ~97 BCC meeting. COLLIER COUNTY PLAN~.(~OMI~IS$ION: IVflCHAEL A. DAVIS, CHAIRMAN PUD-97-4 STAFF REPORT/pd AUG ~ S 1997 REZONE FINDINGS PETITION PUD-97.4 Section 2.7.2.~. of the Collier County Land Development Code requires tim ~he report ~nd recommendations of the Planning Commisgon to the Bom'd of Coumy Cornngss/one~ ~ show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/C9nI Evaluation not applicable. Summary Findin~ The proposed development is in compliance with the Future land Use Element of the C-row~h Management Plan for Collier County and all other eleme=~ their objectives and policies. ' Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Conl Evaluation not applicable. Existing: The property is vacant and zoned "A" Rural Agricultural. Surrounding: North - To the north lies Vanderbiit Beach Road and fight-of-way. Pdic~ Marsh PUD lies north of Vanderbilt Beach Road and is under development as a mixed res/dential/golfcourse community. East - To the east lies a five (5) acre vacant parcel of la. nd whic~ is zgmell "A" Asricultural while ~nher east lies the La Fontana PUI3L currently undeveloped but approved for a 120 unit Assisted LivinI Facility on 10 acres ofland. South-To the south lies multiple family development associated with tie Emerald Lakes PUD zoning district. This multiple fasm~ environment is a typical condominium product normally assoclstesl with net densities of ten (10) to twelve (i 2) dwelling units per acre. West - To the west lies a multiple family development associated ~ the Emerald Lakes PUD zoning district with similar housing as those lying south of the project, f [ AUG251997 e The possible creation of an isolated district unrelated to adjacent and nesr~ districts; Pro/Cgnl Evaluation not applicable. Summary Findings; The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land ~ implements a pan of the GMP FLUE Urban Designation, an action which is expe~ed given that timing is appropriate. Availability of' adequate infrastructure, nearby urban development (i.e. The Vineyards) support the timing relationship and justify the conversion process of' agricultural to residential zoning. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: EvalUation not applicable. .~ummsrv Findings; The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the prolmsed amendment necessary. Pro/Con; Evaluation not applicable. Summary Findinis: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of'the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in neighborhood; Pro: (i) The County's land use policy as reflected by the FLUE supports and acticm to allow urban residential development. ~ (~) Urban Mixed-Use development may not coincide with resident's des~ 1o maintain a natural atmosphere. Summary Findines: The proposed change will not adversely influence living condilions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amomat at' adverse impact on adjacent and nearby developments. ~ ~US26 ~997 Whether the proposed change will create or excessively increase trafl~c congestion m" create types of traffic deemed Incompatible with surrounding land uses, because of peak volumes or projected types of vehkular traffic, Including activity during construction phases ot' the development, or otherwise affect public safety. ~ (i) Development of the subject property is consistent with provisions of fl~ Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effeaive. .C~n: (i) As urban intensification increases, there is some loss of comfort and ease of' travel to the motoring public. However, by law this degree ofdiscomfort is regulated by concurrency requirements. Summary Findings; Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GIVIP and was found consistent, a statement advising that this project when developed will not excessively increase trad~ congestion. Additionally certain traffic management system improvements are required as a condition of' approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subjea to the Concurrency Management system. Whether the proposed change will create a drainage problem; ]prg; (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Summary Findin;s; Every project approved in Collier County involving the utiliza~io~ of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findinl~s; Ali projects in Collier County are subject to the developme~ standards that are unique to the zoning district in which it is located. These d~e_l_o .j~nent standards and others apply generally and equally to all zoning districls (i.e. o~ ~~ ~ AUC- 2 .R 1997 3 : 10. 11. 12. requirement, corridor management provisions, etc.) were designed to ensure that penetra~on and circulation of air does not adversely afl'em adjacent areas. Whether the proposed change will adversely affect propert7 values in the adjacem Pro~ (i) Urban interaification typically increas~ the value of adjacent or underutilized land. (ii) Development standards olen do not reflect the quality of the project v,,ben it amually deveJops. More often than not developers have structm~d standards below the ac-tug market response in order to be on the safe side. ~ (i) There is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the nearby environs. Summary Findintsl This is a subjemive determination based upon anticipated resulu which may be internal or extenud to the subject property that can affem property values. Property valuation is affected by a host of factors including zoning, however zonin~ by itself may or may not afl'em valuer, since value determination by law is driven by marlaet value. The mere fact that a property is given a new zoning designation may or may nm affect value. Whether the proposed change will be a deterrent to the improvement er development of adjacent property in accordance with existing regulations; Evaluation not applicable. Summary Findings[ The basic premise underlying ali of the development standards in the zoning division of the Land Development Code is that their sound application ~sen combined with the administrative site development plan approval process, gi~es reasonable assurance that a change in zoning will not result in a deterrence m improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to am individual owner as contrasting with the public welfare; Evaluation not applicable. gummnr~ lqndint~; The proposed development complies with the Growth managemn~ Plan, a public policy statement supporting Zoning actions when they are consistent ~ said Comprehensive Plan. In light of this fact the proposed change does not constitute grant of special privilege. Consistency with the FLUE is further detern~~~ welfare relationship because actions consistent with plans are in the pu~ic int/~~ 4 .~ AUG ~ ~ 19g7 13. 14. 15. 16. 17. Whether there are substantial Feasons why the property cannot be used ia accordance with ezistlng zoning; Pro/Con: £v~luation not applicable. Summary Iqndines: The subject property is zoned "A" Rural Agricultural. To denyd~ l~on would deprive the owner of any reasonable use ofthe property consistent with the GMP. Whether the change suggested is out of scale with the needs of the neighborhood er the County: Pro/Con: Evaluation not applicable. Summary Findines; T~e proposed development complies with the Growth Managemem Plan, a policy statement which has evaluated the scale, density and intensity of land deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con~ Evaluation not applicable. Summary lqndin~s; This site is zoned "A" Rural Agricultural. Whether or not therem~ other sin~larly zoned residential areas is irrelevant. The physical characteristics of the property and the de~ree of site alteration wbi~ would be required to make the properxy usable for any of the range of potential mm under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findints; The site will be altered to the extent necessary to execute dB deveJopment strategy. The impact of development on the availability of adequate public facilities md services consistent with the levels of service adopted In the Collier County Grogllt Management Plan and as defined and Implemented through the Con|er Coms~ Adequate Public Facilities Ordinance, as amended. AUG2 lgg7 Pro/Con: Evaluation not applicable. ~ummarv Flndints: Staff reviews for ~dequa~y of public services and levels of' detern~ned that required infrastructure meets wfih GMP est~li~hed relationships. NOTE: GMP a~ used herein means the Collier County Growth Management Plan. ~UE means the Future Land Use Element of'the GMP. REZONE FINDINGS PUD.97-4/pd AUG 2 6 1997 FI~DI~GS FOR PUD FUD-97-4 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Plamlnj Commission to rr~ke a finding as to the PUD l~aster Plans' compliznce with the foll~ criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and iccess, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities a~d services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which a~e well within the urbanized area providin8 easy access to a host of comn~nity ~ services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land far the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some Ions to travel time for users of'the same arterial road system. ~#mmarv Findine: Jurisdictional reviews by County staff support the mann= and psttern of development proposed for the subject property. Development concfninm contained in the PUD document give sssurance that all infrastructure will be devet=l~ and be consistent with County regulations. Any inadequacies which reqnie supplementing the PUD document will be recommended to the Board ot' C. mn~ Commissioners as conditions of approval by staff'. Recommended mitigation measm~ will assure compliance with Level of Service relationships as prescn'bed by the Gsm~ Manasement Plan. Adequacy of evidence of unified control and suitability of any proposed ajroemmls, contract, or other instruments, or for amendments in those proposed, particularly m they may relate to arrangements or provisions to be made for the contbulq operation and maintenance of such areas and facilities that are or maintained at public expense. AUG 2 °'.,/7.- ~ Evaluation not ~pplic~ble. ~#mmary Findint: Documents submitted with the application provide evidence unified co, mi. The PUD document makes appropriate provisions for conthains operation and m~tenance of common areas. Conformity of the proposed Planned Unit Devdopment with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development s'tr~teg3, for the subject property is entirely consistent with the goals, objectives and policies of the GrowTh Management Plan. Con: (i) None. Summary FJndint: The subjec~ petition has been found consistent with the Sc~s, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaR'Report. Additional Finding: The subject property is designated Urban Mixed-Use - ~ Residential on the FLUE to the GM?. As such it authorizes zoning actions aimed at allowing th." land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate gan'for compliance with the appficaMe elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described follows: Residential Density - Approval would authorize thirty-six (36) dwelling units whose density would be 3.0 dwelling units per acre. This is consistent with the density system to the FLUE. ~ - The urban residential subdistrict allows all residential structure types md other uses normally found in a residential environment such as recreational accessory usm. Traffic Circulation Elemem - Analysis of the subject petition concluded with · ftnd~ II~ consistency with the policies of the TCE. Recreation and O_l~-n Space Element - Approximately forty-six (46%) pcrce~ of the lanld AUG 2 (~ 1997 This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to a~'tual residential development. Other Applicable Element (s) - By virtue of' development commitments and masler Idac development strate~, staff' is of the opinion that the Marker Lake Villas PUD is entirdy consistent with provisions of the Collier County GMP. Staff rtview indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been to ensure consistency with the GMP during the permitting process. Therefore, dis petition has been deemed to be consistent with the Growth Management Plan. 4o The internal and external compatibility of proposed uses, which conditions my include restrictions on location of improvements, restrictions on dt~ign, sad buffering and screening requirements. Pro/Con: Evaluation not applicable. .~ummsrv Finding: The PUD Master Plan has been designed to optimize internal use relationship through the use of' various forms of open space separation. Ex~erml relationships are automatically regulated by the Land Development Code to astute harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve development. .Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is greater the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy available improvements and facilities, bolh public and private. Pro/Cgn; Evaluation not applicable. ~;ummsr'y Finding: requirements is not a significant problem. finding. Timing or sequence of development in light of concun'm~ See finding No. l, also applicable for dis AUG 2 6 1997 ,. The ability or the subject property and or surrounding areas to accommedMe expansion. Evaluation not applicable. Summar~ Findin_t: Ability, as applied in this context, implies suppor~ ~ such as wastewater disposal system, IX table water supplies, charact~ ofthe ~ relative to hn~_,-ds, and capacity of' roads, is supportive of' conditions enmnat~ ~nom urban development. This assessment is descn'bed at length in the staff'repc~ adopted by the CCPC. Relative to this petition, development of. the subject property is finmly, because supporting inf'rastruc~ure is available. Conrormity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Evaluation not applicable. Summar~ Findin_t; This finding essentially, requires an evaluation of the extent to whid~ development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-97-4/pd 4 AUG i) 1997 ] COLLIEi~ ;%PPLICATION FOR ~ REZONE PUD PETITION NO. COORDINATING PLANNER: APPLICANT NAME (AGENT): Blair A. Folevf P.E. PHONE: 643-2324 ~S: Coastal Engineering CCnsultants, Inc., 3106 S. Mors~ Dr., Napl ~ (PETITIONER) NAME AND ADDRESS*: Euoene Thrushmanr 2063 Trade 341[ Center Way, Naples, Florida 34109 PHONE: 514-0514 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 2 .TOWNSHIP: 49S RANGE: 25E See Boum4~y Survey .PROPERTY I.D. SIZE OF PROPERTY: 794 +/- FT. X GENERAL LOCATION OF SUBJECT PROPERTY: ADJACENT ZONING AND LAND USE ZONING N PUD S PUD E A W PUD EXISTING ZONING: A PROPOSED LAND USE OR RANGE OF USES 660 +/- FT. ACRES: 12.06 AC Vanderbilt Beach Road Extension LAND USE Dev~lo~t, Pelican Marsh Develo~t; ~ Lakes Und~velopet; Vacant Farm Field ~loped; Vacant Farm Ft. elcl REQUESTED ZONING: (OPTZO~L): -1- ~,UG 2 .,., 1997 DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJE~ PROPE~Z? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPER*lwZ.* HAS A PUBLIC PZF. ARING FOR A REZONE BEEN HELD ON THIS PROPERTY I~ITHI~ ~E PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. . IS THIS PROPERTY CURRENTLY VACANT? XyEs NO. IF THE ANSWE~ IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ~?.n EXISTING STRU~. SIGNATURE OF PETITIONER OR AGENT DATE If petitioner is a corporation other than a public corporation, so indicat, and name officers and major stockholders. * If petitioner is a land trust, so indicate and x~me beneficiaries. If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and in~J=a~e actual owners if not indicated on the lease. If petitioner is a contract purchaser, a~tache copy of con~, and indicate actual owners name and address. STAND REZONE APP/md/14864 -2- AUG 2 6 evorn, oepose ama say that ~/~an/a~ the o~e~s of prope~y descrL~d herein an~ ~-~ · ~_- .... -_ ~,- ~o~s~ near~ng; that all data, and other suppleaenta~ matter atta~ed to and made a pa~ of ~la appl~cation, ~e ~at of our ~-~ ........ ~=~ hog,st a~ t~e to ~n~s a~cat~on ~st ~ co~leted and acetate ~fore a - a~/~ reP~esencac&ve S~NA~ OF A~T State of Florida County of Co~lier SEAL The foregoing ~Pplication was acknowledaed before me this persona~Ly F~no~e ~! ~- J-:~ ~:? as identification and who did (did not) take an oath. (Stgnat~t~ of Notary Public) (Prin~ N&me of Notary Public) NOTARY PUBLIC Serial/Commission f# My Commission COHHUNITY DEVELOPMENT DEPARTMENT PSP APPLICATION FORH/979/md , AUG 2 6 19~ P lO 9 ?'4 ' 111 for Conditional Uses and Rezones APR O] 1. NAME: Marker Lake Villas 2. ADDRESS: The ~o~ect is located mn Vam~mrbilt 1/4 M~!, West of Aizport-Pullinq Boad N0~ PHONE: 643-2324 3. LEGAL DESCRIPTION: Sect!~ 2, Township 49S, Range 25E 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): X A. COUNTY SYSTEM B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PRIVATE SYSTEM 6. TOTAL POPULATION TO BE SERVED: 110 +/- 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEA/( 19,~ o=m AVERAGE DAILY 11,000 2. SEWER-PEAK 32.3 .~ AVERAGE DAILY ~1.000 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SY~, DATE SERVICE EXPECTED TO BE REQUIRED: 10/1/97 9. Provide a brief and concise narrative and schematic drawing of =he sewage treatment process to be used as well as a specific regarding the method of affluent and sludge disposal. If percola~on ponds are to be used, then percolation data of soil involved shal~ be provided from tests prepared by a professional engineer. , AUG 2,6 i997 LO. A et&tement, in ~rlClng, siqned by thG ~er should ~ sevage collection faclli~ies vl~ln ~e proJec~ area u~n conple~ion o~ ~he cons2~c~on o~ ~hese fac~l~el ~n accordance v~ appli~e Co~2~ ordinances. ~is zta~e~n~ should also Include a~emn~ ~ applicable sys2e~ developmen~ ~a~es and co~ec~lon fees rill ~ P~d to ~e County Utlli~ie~ D~v~on prior to ~he ~ssuance of ~1~ ~its bM the CountM Co~unit~ Develo~ent Division. ~e stat~t should also con. in aqreement to.dedicate appropriate Utllit~ ~a~ for se~inq ~e water and sewar smarts. APPROVER: CO~S · POR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRA~----~"--' -2- 1997 COASTAL ENGINEERING CONSULTANTS INC CFC File No. 96.46[3 March 28, 1997 To Whom It May Concern: As agent for the Owner, Marker Lake Villas, Inc., Coastal Engineering Consultants, lac. (CEC) agrees that the Owner will deed to Collier County Utilities Division the waler distribution and sewer collection facilities withizl tbe l:a'oject ar~a upon completion of construction of these facilities in accordaa~ with applicable County Ordinances. Applicah~ syatem development charges and correction feea will be paid to Collier County Utilities Division prior to the issuance of building permits by the County Community Developtm~t Division. The Owner also agrees to dedicate appropriate Utility Easemema for ~'vi~ Water and Sewer Systems. This will occur through the Collier County platting COASTAL ENGIN]~RING CONSULTANTS, INC. By: Principal/Associate l E~incer 3106 S. Hor'e3ESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143 1 s ! lo 12 ORDINANCE NO. 97- AN ORDINANCE A~ENUING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIV~ ZONING REGULATIONS £OH THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORINS BY AMENDING THE OFFICIAL ZONING ATLAS HAP NUMBER 9502N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY F~OH 'A~ AGRICULTURE TO 'PUD" PLANNED UNIT DEVELOPHENT KNO~ AS HARKER LAKE VIL/~S FOR 36 VILLAS ARD A RECRF. ATION~/, POOL AREA, LO~TED ON VANDERBILT BEACH ROAD EXTENSION IN SECTION 2, TOt~NSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.06 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 19 2O 23 25 WHEREAS, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Eugene Thrushman, petitioned ~-he Board of County Comm. issloners to change the zoning classification of the herein descr:bed real proper=y; NOW, THEREFORE BE IT ORDAINED by the Board of County Co~issloners of Collier County, Florida: SECTION ONE: 3O 34 35 The zoning classification of the herein described real property loca%ed in Section 2, Township 49 South, Range 25 Collier County, Florida, is changed from "A" Agriculture Planned Uni: Development in accordance wi:h the Marker Lake Villas PUD Documen:, a:tached hereto as £xhibit #A" and :nccrpcrated by reference here~n. The Official Zoning Atlas Number 9502N, as ~escrlbed in Ordinance Nu~.~er 91-102, the Cc.,oe. County Land Devei¢~ment Code, :s hereby amended accordingly. SECTION TWO: 37 .This Ordinance shall become effective upon filing with~be Department cf State. 4o 41 42 43 -1- ! lO 11 15 21 22 23 PASSED AND DULY ADOPTED by the Board of County of Collier County, Florida, ~h~s ~ d,y of 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: D~IGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAII~.~ APPROVED AS TO FORN AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY -2- / UC-26 7 MARKER LAKE VILLAS A PLANNED UNIT DEVELOPMENT REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF MARKER LAKE VILLAS. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MARKER LAKE VILLAS, INC. 11216 TAMIAMI TRAIL NORTH, SUITE 341 NAPLES, FL 34110 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 34104 CEC FILE NO. 96.403 March 25, 1997 RevVed May 16, 1997 ORDINANCE NUMBER: . -----. ~~e':':': '-' :'~ ' ! AUraE i997 ~ STATEMENT OF COMPUANCE SECTION I SECTION II SECTION III SECTION IV SECTION V EXHIBIT "A" PROPERTY OWNERSHIP & DESCRIPTION ................... 2 PROJECT DEVELOPMENT ............................... 3 RESIDENTIAL TRACTS: D, F. H & J ......................... 5 OPEN SPACE/RECREATION AREA TRACTS: C. E. G. I & K ....... 8 DEVELOPMENT COMMITMENTS .......................... 9 PUD MASTER PLAN · FATEMENT OF COMPLIANCE The development of approximately 12.06 acres of proper~ in Collier County, es a Planned Unit Develol3ment known es Marker Lake Villas is in compliance with Itte goll~, ol3jective~ and ~ of Collier County as set forth in the Growffi Management Plan. The m~idential, recreational, lnd other development luthorized heroin will be consistent with the growth potties, land development regul~ons lnd ~ comprehensive planning Residential Proiect The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and ser~ces permits the development's residential density es required in Objective 2 of the Futura Land Use ElemlflL The project development is compatible and complementary to existing and future surrounding land uses al required in por~.y 5.4 of the Future Land Use Element. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. o The project development resu~ in an efr~Jent and economical extension of community facilities and services es required in. Policies 3.1.H and L of the Future Land Use Element. The project development tncor13orates I natural system for water management in accordance with their natural functions and capabilities es r~luired by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The maximum density is 3.0 dwelling unit~ per acre and is in compliance with the Future Land U~e Element of the Growth Management Plan. o The project inctude~ extensive open space in the form of a native vegetation preserve to provide a high quality of life for ~ residents. This Ordinance shall be known and cited es the Marker Lake Villas Planned Unit Development Ordinance. 1997 SECTION I PROPERTY OWNEF~HIP AND DESCRIPTION 1.1 under the project name of Marker Lake VIII~. 1.2 PROPERTY OWNERSHIP The lut)ject property is curmntty under the ow~'~ershlp of Bishop John J. Nevtne, I:)bcese of Venice Florida, P.O. Box 200~, Venice, Florida 34284-2006. 1.3 1.4 LEGAL DESCRIPTION A tract of land lying in Section 2, Township 49 South, Range 25 East; Collier County, Florida, being more particularly de~flbed as follow~: The West 1/2 (W1/2) of the No~lhoast Quarter (NE1/4) of the Northwest Quarter (NWl/4) of the Northeast Quarter (NE1/4) of Section 2, Township 49 South, Range 26 EasL ~ County, Flonda; and, the East 1/2 (E1/2) of the Norttwvast Quarter (NWl/4) of the Norttrdvelt Quat~' (NWl/4) of the Northeast Quarter (NEll4) of Section 2, Townsh~ 49 ,~)uth, Range 25 East, ~ County, Florida, Six (6) Acme, More or Less, Less and Excepting the South 30 Feet Thereof for Road Right-of-Way Purposes. GENERAL DESCRIPTION OF PROPERTY AREA The project site contains 12.06 ~ and is located in lands lying within Section 2, Township 49 South, Range 25 East, Co~ier County, Florida. The property is bordered on the north by Pelican Marsh; on the south by Emerald Lakes; on the east by vacant farm fields; and on the welt by vacant farm fields. 1.5 PROJECT DESCRIPTION Marker Lake Villas is a propoaed residential community. The project will consists of 36 villa units, end I recreational pool emi. The project entrance is on Vanderbilt Beach Road Extension and the internal mad The ma3dmum number of dwelling units for the project will be 36 units, resulting in I gross density of 3 units per acre. SECTION II PROJECT DEVELOPMENT 2.2 2.3 2.4 2.5 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances and the respective land uses of the tracts included in the project. Regulations for development of Marker Lake Villas shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections end parts of the Collier County Land Development Code and Collier County Growth Management Plan * Conservation and Coastal Management Element in effect at the time of local final development order or building permit application. Where these PUD regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of ali terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of local final development order or building permit application. The development permitted by the approval of this petition will be subject to review under the applicable provisions in effect at the time development permits are requested. DESCRIPTION OF THE PUD MASTER PLAI~ The PUD Master Plan including layout of streets and uses of land for the various tracts is illustrated graphically by the PUD Master Plan, Exhibit "A". RELATED PROJI~CT P~,N APPROVAL REQUIREMENT~ No more than the maximum of 36 dwelling un~ shall be constructed in the total project area. The gross project area is 12.06 acres. The gross project density, therefore, will be a maximum of 3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENT£ Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final plans shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. 3 ~ ; I 1997 2.6 2.7 2.8 2.g MODEL HOMES AND SALES FACILITIES Model home&fdry model home ¢entem. sales cantem end administrative offices shell be permitted in conjunction with the promotion of the development pumuant to provisions of the CoBer Coun~ Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PI. lID MASTER PLAN Amendments may be made to the PUD as provided In the Collier County Land Development Code. ASSOCIATION OF PI~OPERTY OVVNERS FOR COMMON AREA MAINTENAN(~,E The land areas end recreation amenities whose ow~emhip end maintenance responsibility is · common interest to ell subsequent purchaser= of property within said development in which the common interest is located, the develop~ has provided the appropriate legal instruments for the esteblilhment of a Master Property Owners Association whose function inc~ude~ pro~iona for the perpetual care and maintenance of those common facilities end open space. This document is known es the 'Mester Declaration of Covenants, Conditions end Restrictions for Marker Lake Villas to be recorded in the Public Records of Collier County. REMOVAL OF FILL MATERIAL Off-site removal of project fill from the proposed lake is permitted under this document. The developer shill not remove mom than 20,000 CY of material without a commercial excavation perm[ Removal of up to 30,000 CY of material shell be permitted under e development excavation. 4 AUG 2 997 3.1 3.2 3.3 SECTION III PURPOSE RESIDENTIAL TRACTS: D, F, H, & J The purpose of thil Section is to identify specific development standards for ::mas designated on the PUD Master Plan as residential tracts. MAXIMUM DWELLING UNIT~ Tracts designated for residential Ules lhlll bl dlVl[~Id ifil 1COOl'flail'ICl ~ [ standams set forth in the Collier County Land Development Code and ltm development regulatJonl eltabliihed in thtl ordinance provided the total number of dwelling un~ for the entire Marker Lake Villas PUD does not exceed 36. USES PERMITTED The type of principal use that characterizes the initial development of any platted tract Ihall be carried throughout the development of that entire tract. No building or structure, or pert thereof, Ihlll be IfectN. allltld or Llled, Ot' land used, in whole or pert. for other than the following: A. Principal Ules: 1. Single family dwellings, two family, duplex and multi-family. Accessory Uses: Cultomary accessory ~ and Itructurel, including carports, garages, patios, poo~. spll. decks, fences and ~ aCCell~3f uses that are typically associated with similar principal uses per the Land Development Code. Recreational community fadrities that ~ as in integril ~ of a residential tract and hive ~ designatad, reviewed Ind approved on a site development plan or Preliminary Subdivision Plat for that development. Recreational facilities may include, but ara not limited to a pool building and lwimming pool. Small buildings, enclosures, or othe~ ltructums constl~cted for purposes of maintenance, ~ or lhelter. Small docks, piers, boardwalks or other such facilities con~ for puq3oses of lake mcce~. 3.4 ~ PERMITTED USES AND TWO SINGLE MULTI- STANDARDS FAMILY & FAMILY FAMILY DUPLEX ATTACHED & DWELLING TOWNHOUSE Minimum Lot Area 3500 SF~ 3000 SF 1 AC Minimum Lot VVidth~ 30 30 150 Front Yard 20 20 25 Front Yard for Side Entry 10 10 15 Garage Side Yard 0 tx 6~ 0 tx .5 BH' 0.5 BH Rear Yard Principal 20 20 BH Rear Yard ~ 10 10 15 Rear Yard' 10 10 .5 BH Maximum Building Heights 35 35 35 Distance Between Principal 0 tx 12 .5 SBH ,5 SBH Structures Floor Area Min. (S.F.) 1200 SF 1200 SF 1000 SF NOTE: ~ Each ha~ oi'a eu;~= unit requires a k~ nme a~kx:almn c~ 3..',00 SFkwatetsl ~ ~ nm~ afT.G00 S.F. AUG 2 ~ 1997 : 3.5 P K A AUG 2 6 1997 4.1 4.2 4.3 SEC'nON IV OPEN SPACE/RECREATION ARE. A TRACll: C, ~ G, I, & K A. Principal Uses: 1. Lakes, pool building, poo~, and tennis court. Olin S~m Pmswves (Conservation Am~). approprtate scruening and landscaping. DEVELOPMENT REGUlATiONS enclosure of structures, ~ of ~ ~ and parking areas and location and treatmem of buffer areas. Lighting faciliti~ shall I~ an"ar~ud in a manner which will prot~ ro~ways and n~ghbodng pmp~l~s from dirm~ glum or o~her Co A ~lte dev~k:pm~flt I:&~n meeting all of the ~ Regul~ttorm ~hafl be requif~ in ~3rdance Mth ~ 3.2 of t~e Land I~nt C, od~. Buildings shall be setback I minimum of 20' from abutting r~Mdm~J~l trlc~ ou~ide lhil Planned Unit DevelopmeflL and ~ setl:~ck arlm Itmll I AUG 2 6 1997 6.1 6.2 6.3 6.4 ~ECTION V DEVELOPMENT COMMITMENTS The pu~ of ~1~ Sect~n i~ to ~et forth ttm development commitments for ttm development of Marker Lake Villas. regulations applicable to I~ls PUD in e4q~ct nt the time of local flnad development order or building permit application. Except whefl ~ noted or stnted otherwise, the standards and s~ of the Land Developmem Code stroll apply to t~is Ixoject even ~f the land w~in the PUD is not to be platted. The developer, his su~ and assigns, stroll b~ relponsi~le fo~ ttm commitments outlined in t~i~ document. The developer and all subsequent landowners am hereby placed on noUc~ that they am required to satisfy the requirements of all applicable County ordin,nncea Site Development Plln~ Ind Iny other ~ ~ ~ rllull in I~ ~ of final kx~l development order ~' building pMmit PUD MASTER PI.~N A. Exhibit "A": The PUD Master Plan ruftects the prol3osed site improvements. All necessary easement~, dedicatk)nl, or ol~er instruments tmv~ been. or si'mil be, granted to In~re the conUmmd oper~k~ n~l mnintennnce of all service utilities and III commo~t ~ in the pro, ct. TRANSPORTATION The development of l~i~ PUD Master Plan shall be sul:~ct t~ and governed by the following conditions: mi level Itreet lighting M bi ~ It t~e project mnc~ before any certiflcat~ of occupancy am issued. g 5.5 ~ Code and for conslzuction ~ office ~nd related facilitk~ m~ch as Project Administrative ~ Ind Project ~alas Offices. e.e s~N~ All signs shall be in accordance with Division 2.5 of the Colrser County Land Development Code. If gopher tortoise burrows (active, inactive and/or abandormd) am located on ~te, they U'mll be indicated on the Site Development Plan or Pmamtnary Sulxlivi~m Plat and f~eld verified by ~ County Planning and Technical ~entica~ Environmental Staff. Management plans and/or perrnit~ from Florida Game and Fresh Water Fish Commission (if appropriete) shall be aubmitted to Planning and Technical Service~ Environmental Staff for review and approval. Management plans ~,hall be in compliance with Section 3.11.3.1 of the Collier County Land Development Code. Areas of retained native vegetation may serve aa potential gopher tortoise relocation areas, if applicable. 6.8 The applicant ahail be required to remove all prohibited exotic vegetation on site and to prevent the reinvasion of prohibited exotic vegetation by maintaining the site exotic free in perpetuity. This PUD ahall commit to retention of 28,314 ~ltmm feet (which is 15%) of existing native vegetation on site in accordance wiffi CCLDC Section 3.9.5.5.4.. If native vegetation cannot be accommodated, the same amount of area shall be used on ait.~ to recreate a native plant community as de~ibed in 3.g.5.5.4.. Water distribution, sewage collection and transmission ~yatema shall be cunatructed throughout the pmjeot by the developer at no cost to Collier County and the atete of Florida. Potable water and sanitary sewer facilities con~truoted within platted rights-of, way or within dedicated the County for ow~r~hip, operation and maintenance pumuant to Collier County Ordinance No. 88-78, as amended and all State and Federal regulations and adopted pollci~ in effect at the lime of conveyance. All potable water and sanitary sawer facllttias conslzucted on private property and not r~luired by the County to be located within County utility ea~ement~ ahall be owned, operated and maintained by the developer, his assigns or $~. Upon coml:getion of the potable water and sanitary ~wer within the project, the feciliti~ ~hall be tasted to inaure · ey meet Collier County's utility conatruotion requirements in eff~t at the time construction plana are approved. The above tasks ahall be completed to the satisfaction of Engineering Review ~ prim' to placing the facilities, whether County owned or privately ~e~l~-;~.~_ _._._. 10 ~ AUC251997 ! i Do al-Jfl be reviewed aM apl:x'cM]d by Engineering Revie~ Services ~ to Alt potable water and sanitary sewer facir~es in pubflcfy owned rights*of- way or within dedicated County utir~y easements within the project's flmits shall make connect~n to the County's off-site potable systems and sanitary sewer facilities including but not limited to the following: 1) Main sewage lift station and properly sized force main inter.connecting with the County utility easements necessary. 2) Potable water distribution facilities from the point of connection with the County's potable water facilities to a point of the project's property line. 3) Construction and ownership of the potable water and sanitary sewer facilities shall be in compliance with Collier County Ordinance No. 88-776, aa amended, all Federal, State regulations which apply and practices etc. in effect at the time construction approval is requested. 4) Detailed hydraulic design reporta covering potable water and sanitary ~vv~a collection and transmission systems to serve the project shall be submitted with the constnJCttOn documents. The reports shall list all design assumptions, demand rates and all other factors pertinent to the system under consideration. s) Certifications of Occupancy for ~ructur~s constructed within the project shall not be approved by Engineering Review Services unb'l tim flow testa hive been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. 11 ACC- 2 6 1997 6.9 A MA A In accordance with the rules of the South florida Water Management District (SFWMD), Chapter~ 40E4 and 40E-40, this project shall be designed for · storm event of a 3.-day duration and 25-year return frmquency. Bo An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code. s.10 ~ 12 AUG 2 ~ 1997 ! I PE'ITflON NO. PUD-82-33(I), MICHAEL IL FERNANDEZ, AICP, OF PLANNING DEVELOPME2qT INCORPORATED, REPRESENTING HARIG MANUFA~ CORPORATION, REQUESTING A REZONE FROM PUD TO PUD KNOWN AS BAY" FOR THE PURPOSE OF EI.IMINATING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNATED TRACT AND REPLACING SAM]/ WITH A SEVI/N (7) STORY RESIDENTIAL BUILDING(S) CONTAINING 56 DWEIJANG UNITS FOR PROPI/RTY LOCATED ON THE SOLrI'IiEAST CORNER OF THE IN~-eI~,SECi-iON OF VANDERBILT DRIVE AND WIGGINS PASS ROAD IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 2.5 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.26 ACRES. This petition seeks to extend r~dential uuge to a parcel of land upon which commercial uses are authorized in the Wiggins Bay PUD for the purpose of allowing multiple family housing traits in a structure or slructm~ up to seven (7) stories in height. CONSIDERATIONS: The petitioner seeks to develop the designated commercial tract, being some 3.5 acres in size ~ multiple family housing units at a density of 16 dwelling units per acre or a total of 56 dwelling units by amending the PUD document to delete reference to a conunercial tract and replace same with the designation of Multi-Family Site. Currently, the Wiggins Bay PUD allows 693 dwelling units on 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendment, providing for an additional 56 dwelling units would increase the total number of approved dwelling units to 749, and the gross project density to 5.05 dwelling units per acre. The commercially designated tract within the Wiggins Pass PUD is technically inconsistent with the Future Land Use Map to the Future Land Use Element of the Growth Management Plan, but, nevertheless, under the Zoning Re-evaluation Program the commercial tract was allowed to maintain its commercial status under the "improved" status of land within the PUD. Its conversion to a residential use brings about a use of land that conforms to the FLUE. The density rating system within the FLUE provides a formula of up to sixteen (16) dwelling units per acre for those commercial properties wishing to convert to residential uses. Therefore, an action to approve the amendment lo the Wiggins Pass PUD makes this consistent with the FLUE to the GMP. The FLUE does not coma~ any policies relative to the matter of building heights or floor a~a ratiot Thergfore, these retatimasiK~ have to be based solely upon the more subjective process involved in an assessment ofcompm'l~ity. Relative to an assessment of consistency with other applicable elements of the GMP the convcnsion m residential uses will have less impact upon levels of service, and in particular traffic hnpnc~ No reduction in open space or other impact upon environmentally sensitive land will-I--- ~rz~x~'~m~m/'-=-i of this petition. Public utilities are in place to serve the project. The Collier County Planning Commission reviewed this petition on July 17, 1997 ~xl by a vote of(8 to 1) recommended its approval to the Board of Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. Several persons spoke in opposition to this petition citing a preference to retain the commercial zoning. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the la~! will be developed. The mere fact that new developmem has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new developme~ on public facilities. These impact fees are used to fund project in the Capital Improvemem Eleammt needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of r~vice, the County must provide ~upplememal funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above, land use, density and intensity of development of the subject property ~ deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were found to be consistent by virtue of the way in which developmmt conditions were addressed, and strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact to ~:e GMP resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concun-ency review ruder the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occar of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: S~'f's a~lysis indicates that thc petitioner's property is located outside an mre. m of historical mad archaeological probability as referenced on the official Collier County Probability Map. Thereforq ~o Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMA~NDATION: That Petition PUD-82-33(I ) having the effect of mending the Wiggins Bay PUD for the purpo~ of deleting the authorized commercial use of certain property and in lieu thereof authorizing residealial uses in a seven (7) story building, and amending the number of authorized WiKgins Bay PUD be approved. ~ AUG201997 2 CURRENT PLANNING MANAGER DONALD~W. ARNOLD, AICP DATE DATE PLAN~G SERVlC"~S DEi'~ V~NCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNYI'Y DEV. AND ENVIRO~~ SVCS. PU1~-82-32(!) EX ~Y/md AUG 2 S 1997 AGEHDA ~TEH 7oD TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: MAY 23, 1997 PETITION NO: PUD-82-33 (1) WIGGINS BAY PUD OWNER/AGEN"r: Agent: Mr. Micha~l R. Fern,~:lez Pla:ming Development, Inc. 2523 River Reach Drive Naples, Florida 34104 Harig Manufacturing Corporation 5757 West Howard Street Niles, Illinois 60714 (Theodore H. Eckert, President) REOUESTED ACTION: This petition seeks to extend residential usage to · parcel of land upon which commercial uses authorized in the Wiggir~ Bay PUD for the purpose of allowing multiple family housing units in structm~ or sn'uctm'e$ up to seven (7) stories in height. GEOGRAPHIC LOCATION; The Wigan* Bay PUD development is located on the southeast quadrant of Vanded~t Driv~ and Wig.~r,~ Pass Road. (See location map following page). lqYRPOSF./DESCRIFFION OF I'ROJECr: The petitioner seeks to develop the designated commercial tract, being some 3.5 ac~s in sim multiple family housing units at a denrity of 16 dwelling units per acre or a total of 56 dwelling by amending the PUD document deleting refeaznce to a commercial tract and replacing same wilh~e designation of Multi-Family Site. Curm~y, the Wiggins Bay PUD allows 693 dw~llln$ ~ 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendm~l~n_.__. additional 56 dwelling traits, would incr~se the total number of approved dwelli~? the gross project density to 5.05 dwelling units pea' acre. ' ' ] [ AUG2~lg97 I ! [ ~.l~][ .: ill: ~ 11 j ; AUG26~997 The prol~ is ~ and zoned c.~r~nercial use. Surrounding: North - Ea~- To the north the land is vacant and is zoned RSF- 4. To the east the land is developed with nndtiide fatuity structm~ the nearest ofwhich tre fi~ ($) stories in heist and tre ptrt of the W~ns Pass South - To the wu~h lies · preserve area which is pm of West- To the west lies VandeVoih Drive, and further west to the Gulf lies the Wiggins Pass Marina facilities, the Cocohatchee ~ Cour~ Park and Boat Launch facilities, Pelican Isle, a development of 3-10 story buildings and Marina Island Condominium, sn $ story structure. GROWTH MANAGEMENT PLAN CONSISTi~CY: The commm'cially designated tra~t within the W~aim Pass PUD is inconsistent with the Futu~ Land Use Map to the Future Land Use l~ement of the Growth ~ Plan, but, nev~theles~ maim' under the "improved" sinus of land ~ the PUD. Its conversion to a r~idenfi~ use brings about a use of 1~i that conforms to the FLUE. The den~ ratinl~ s~tem within the FLUE provides a formula of up to sixteen (16) dwellin8 ~ per ac~ for those ~ properties ~ Io convert to residential uses. Therefore, an action to atpprove the amendme~ to the W~gajns Pm PIX) the matter of building heights or floor area rttios. Theref~ these relationships have to be basmi solely upon the more subjective process involved in an tssessment of comp~u'bility. ~ to an assessmen~ of consistency with other applicable elements of the GIvlP w~ find conversion to residential uses a~ having lesser impact upon lev~ of servic~ and in pm'ticu~ ~ impam. No r~u~on in op~ sp~.~ or ~ ~ upon enviro~ sen~t;~e land wal remit fi'om approval ofthh petition. Public utififies are in place to serve the project. m-'~ORIC/ARCnAEOLOGICAL IMPACt: Staffs analysis indicates that the pet~oner's property is located outside an area of historical mad a~u~ological probebii~ u referenced on the official Collier Couaty Prob~bil~ Map. ~ no :~ AUG261997 Purna~ to Section 2.2.25.8.1 of the Land Development Code if during the course of site clea~ excav~on or other construction activity an historic or archaeological artifact is found, development within the minimum area necessary to protect the discovery shall be immediately stoplnSd and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURK: The subject petition has been reviewed by the appropriate staff' responsible for oversight related to tie above referenced areas of critical concern. This includes · review by the Community Develolnnmt Envh'onmenlal and Engineering sta~', and the Transportation Deptnment. These reviews help shtpe the conzent of the PUD Document and cause development commitments to be formulated to achieve GIV~P and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identLfied for final resolution by the Collier County Planning Commission, and the County Board of Commissioners. This pethion was administratively reviewed on behalf of the EA.B and those matters jurisdictionally within their purview were addressed by staff' and to the extem necessary provisions were made part of the PUD amendment. ANALYSIS; The conversion of a commercial tract, which is inconsistent with the FLU'E, to a residential use ~ is consistem with the FLUE, should be viewed in a positive light. The density rating system to fls~ FLUE provides a bonus of up to sixteen (16) dwelling units per acre to those prope~ies ~ comme~'cial, and which are inconsistent with the FLUE. It should be noted that the language of~e FLUE in using the word "bonus" suggests an inducement to owners of inconsistent commercinBy zoned property to convert their corrn'nercially zoned property to a residential use. The central issue represented by this petition is that of the appropriateness of the height buil~ling In the opinion of staff there is no incompatibility issue, inasmuch as the proposed resides~isd struc-m~ lies adjacent to residential structures of similar type and density. A series of five (5) ~ buildings lie directly south and east of the subject property. When the Wiggins Bay PUD ,sma approved it provided for and still does, for seven (7) s~ory multi-family structures where the five story ~ucmres now exist. Application of' the standard rule relative to spacing between ~ should ameliorate any perception of cliff'erence between · seven (7) story and · five (5) story bu~i~. The _e~-~4,rd approach in the Land Development Code for spacing rrndti-story residential sttuctm~in conventional multi-family zoning districts is one-half of the sum of the heights of the buildings ~ opposite one another. If we assume the representative heights to be seventy (70), and ~y (50) feet respeotiv~, the minimum spacing between the nearest esisting multi-family su'ucture and ~ proposed structure should be sixty (60) feet. In the proposal, given the p~ of ~ buildings and site orientation it would ~ppear that the nearest dimension fi'om the new buildin& man existing building will be at least two hundred and fifty (250) feet. Staff'is of the opinion that the~is no discerm'ble recognition of the twenty (20) feet of height dLff'erentiation between the seven (7) slm2t building and five (5) story buildings, given the amount of separation from theneare~.-..~-_l .... ~~3-"~ / I AUG 2 fi ~? ! On several occasions staff has advised ~ the Planned Unit Development district was never intnslud io be an instrument lo drastically depart from conventional development standards. Ii'we compa~ petition with · conventional multiple family district at sixteen (16)'dwelling units per acr~ we hav~ RMF-16 district which gloves boilding bei~hts of s~ty-five (75) f~t, makins !_his cha~ consisle~ with the above proposition. With rcspoct to th~ change of use, residential usage sside from tl~ matter of density and I~i~ht of'~l~ property would be more compeu'ble ~ the existing residential uses than commercial uses whichby their nature l~ve hish~r nuisance value due to nois~ and potcntial odors should r~ta~rar~ ~ be · pan of any contain'rial devetopmern or any other ~ that ~xtaxts into the evening bourt Just as importantly we need to ·ppreciate thai ~s amendment ~ · use of land which is inconsistent compatible with existing residential development. STAFF RECOMMENDATION; That Petition PUD-S2-33 (3) having the ~ffect of sm~ndin$ the Wi~iins Bay PUD for th~ purpo~ of deleting the authorized commercial use of cetlain prOl~rty and in lieu thereof authorizing resid~ial us~s in · seven (T) story building, and amending the number of authorized dwelling units Ai pBay PUD be approved. ~.~N J~D i~NO,~ )C~P DATE CHIEF PLAHNER REVIEWED BY: ko .lcr AicP ~N~ W. ~0~, M G SERVICES DEP.~TMENT DIRECTOR Xi~l~ A. CAUTERO, ADMINI$'I~RATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE AUG 2 6 'tBs:J7 Petition Number PUD-82-33 (3) Sta~fRepon for July 17, 1997 CCPC meeting. Note: This petition has been advertised for the August 26, 1997 BCC meeting. COLLAR COUNTY ~G COMMISSION: M]CHAEL A. DAVIS, CHAIRMAN PLTD-82-33 (3) STAFF REPORT~ AUG g $1997 o PETITION NUMBER DATE "" " APPLICATION FOR ?I. JBLIC HEARING FOR' REZONE / REZONE TO PLANNED UNIT DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant: Applicam's Mailing Address: City N//es~State _ Zip ,_~_~/._~~~ Applicant's Telephone Number: Res.:~ n/a Bus.: 7- Is the applicant the owner of the subject properS.'? ~ yes m (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limit parmershipor other business entity, so indicale and name of principals below. ~ (d) If applicant is an owner, indicate exactly as recorded, and list ali owners, if a~.-. See Exhibit "B" to this application for list of all owners. ~ (e) If applicant is a lessee, attach copy of lease, and indicate actual o,~ers if not indicated on the lease. ~(f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Name of Agent: Firm: Agents Mailing Address: City Telephone No. Re.: Michael R. Fernandez_ dlCP Planning Development Incorporated 2523 River Reach Drive State Florida Zip 34104 Bus.: 941/263-6934 941~63.698,~1ii~.;1~'.~.~[ ~UG'~"-~2 $ ]997 o DETAILED LEGAL DESCRIPTION OF PROPERTY COVERED BY THE APPLICATION elf space is inadequate, anach on separate page. If request involves change to more than one zoning district, include separate legal description for propers.' involved ia each district If property is odd-shaped, submit four (4) copies of survey (1" Io 400' ~cale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTION ARISE CONCERNING THE LEGAL DESCRIPTION. AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION TOWNSHIP ~ RANGE All of Tract 10 of Wiggins Bm' Phase I_ as subdivision lying in the Southwest quarter of Section 16. Township 48 South. Range 25 East. as recorded in Plat Book 13. pages 89 and 90. of the public records of Collier Counn_ '. Florida. Address or location of subject property: Southeast corner of the intersection of Vanderbilt Drive and Wiggins Pass Road 10. Existing land elevation Count.,,' Flood Elevation Date subject properS.' acquired (x) or leased ( ): 20* day of_~lla~, 19g~ Term of lease yrs./mos. b. If. Petitioner has option to buy, indicate date of option: r~/a and date optioa terminates: Does property owner own contiguous property to the subject property.? If so, give complem legal description of entire contiguous property, rto THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you a~ requesting): A. REZONING: PRESENT ZONING Planned Unit Development REQUESTED ZONING Planned Unit Development ¢amendment) REASON WHY APPLICATION SHOULD BE APPROVED: Reasons include: consistency v~4th and furthers the intent of the Growth Management_ Plaa : AUG261997 11. 12. 14. the pr~ belief. adx'er: Sig=al Pti=tee State ~ Count The fc da)' of__ IS PROPOSED USE PROHLBITED BY D£ED R,r~TR~CTION? ~ No IF~, PROYID£ COPY OF THE DEED R~STRICTIONS. IS 'T~S R,E, Q1.,TEST A RESULT OF A VIOLATION? ~ 1T .SC). TO WI.IOM WAS ~ NOTICE SERVED? I-lAS A PUBLIC HEARIN0 BEEN HELD ON THIS PROPERTY %'ITHIN t'KE LAST YE.a.R? IF SO, IN WHOSE NA.IV~? ' ' ARE THERE EXIST[NO STRUCTURES ON TH~ PROPERTY? _.__ED. TYPE: CBS ~, FRAME ~ MOBILE HOM~ ~ OTHER · k r ' ! ~ bdng first duly rain, d~x~se and say that am the laud cm-ncr/ag~t of perry described herein and wtgch is the subjeci rn~e~ of the l;n'olx~d hearing; th~ gl the , to the questions in ll~ application, ~d an sketches, d~, ~. to ~n~ made pan of ~hls applic~lon, ~'~ hon:s~ ~nd ~rue w u'-,e I~ ofo~ knor,~tdg¢ aud We underm~ this application must be complete! and ~'ur~ie b~fore a hearin~ c~ be ',ezL We fia',h~r Iermh ~ undersig~d ~gera to act as our relxcsenmiv~ in maners 'e Mam~cmri.? Corport~tton Name of Owner £Illiaois of Cock egoin~ insu-dmen! was acknowledged before me this ~/'~'.~,~- .1997 by rheodor~ NOTARY PUBLIC My con'u~ssio~ cxpLrts: aJG 2 6 ]997 Prated Name of Agent State of Florida Count)' of Collier The foregoing insm~en~ wa~ acknowledged before me this day of Apri_]_l =,/2_. 1997. ~ ...... who '_ .......... ~ produced ~,_~~~~~ ~ identification) and who did ~ tare an oam. My commission expires: [ ~/~ Stnto c b.,' T O&T.h. COVENANT OF UI~IFIED CONTROL Further, I affizm thai rome me ttRhoriz~ to file thc applicaliou for ~ and any/all subscqucm &meudmeuts or modifications. Nam~ md Title) NOTARY PUB LI C ('P~d Nme) Mm' r, ommi.i~ cxpi~f: AUG 2 6 1997 George & Helen Andelfinger 320-403 Horsecresk Dr. Naples, FL 34110-6033 July 14, 1997 Collier County Government Community Developeent Services Division 2800 Horseshoe Dr. Naples, FL 33942 Attn: Nr. R. Nino Re: PUD 82-33 (1) Dear Mr. Nino, On October 8th and 22nd 1996, we attended the Collier County Commissioner's meeting when this PUD was being considered for re-zoning from Commercial to Residential and construction of a fifteen story condominium of 56 units. The Commissioners voted not to approve the project. We understand from neighbors that re-zoning is now again being considered. We have spoken to several other owners at Princeton Place who have not received notification of meeting to consider the re-zoning and have ex- pressed that they oppose the re-zoning. We again oppose the re-zoning to residential for the following reasons: 1.- When we purchased our home at Princeton Place, which is adjacent to PUD 82-33 (1), we noted that PUD 82-33 (1) is listed as commercial. As commercial, we felt that buildings which would have a height of only 35 feet would be a good addition providing services to the surrounding community. 2.-The traffic impact on the community would be lower with commercial development than with high rise condominium.The iow traffic count will not support high traf(ic commercial development such as gasoline stations and etc. On the surface, it would appear to be a "no brainer" to approve a change from commercial to residential in order to improve the community. When you look under the surface, you then find that the commercial zoning is best for the community. Very truly yours, George Andelfinger 300 Horsecreak Drive Unit 101 Princeton Place Naples, FL 33963 July 10, 1997 Collier County Community Development and Environmental Services Division Current Planning Section 2800 North Horseshoe Drive Naples, FL 33942 Attention: Mr. Ronald F. Nino, Chief Planner Subject: Petition Number PUD-82-33 (1) Gentlemen: My wife and I own a condominium at Princeton Place within Wiggins Bay, close to the intersection of Vanderbilt Drive (CR 901) and Wiggins Pass Road (CR 888). We have received letters from you on two previous occasions regarding petitions for amendments nearly identical t~ the one which is the subject of your third letter, dated June 27, 1997. The latest of this series of petitions appears to be only slightly different from the earlier ones. It asks for amendment of the Wiggins Bay PUD to allow residential uses and eliminate commercial uses in the commercial tract, specifically allowing 56 dwelling units in one or more structures up to seven stories high on property comprising (I believe) 3.5 acres at the southeast corner of Vanderbilt Drive and Wiggins Pass Road. We believe the minor changes embodied in the latest petition would not substantially alter the negative impact of the proposed development and we Wa strongly believe the subject property should only be used for commercial purposes as originally intended: The o~ner/owners of that property knew when they acquired it, that it was not to be used for residt~ntial purposes. The request should be denied unles~, it would have no adverse impact whatsoever, on nearby properties, the interests of property owners, traffic patterns, safety, etc. e Owners of nearby residential property and condominiums have already suffered obstructions and changes in their viewscapes because of recent, unexpected erection of high-rise buildings at the ~Ua 2 ~ 1997 , July 10, 1997 Page 2 this area, even of heights up to.seven stories would dominate views from all directions, creating an unsightly distraction. Our Princeton Place condominiums are five stories high and others within Wiggins Bay are even shorter. Population density in that general area is already greater than the roadways (Vanderbilt Drive and Wiggins Pass Road) are capable of safely handling. That problem will only worsen after COlpletion of the Pelican Isle and Tarpon Cove develol~ents. We therefore obJec~ to the addition of as many as 56 dwelling units in that area for safety reasons. 4. The safety problems associated with such a development would not only affect local residential and condominium proper~y owners ..... it would also threaten traffic accidents for people entering and leaving the county park across the street, the boat launching area, the Coast Guard station and the Wiggins Pass marina. In addition, the bridge over Wiggins Pass presents an obstruction to the views of traffic approaching from the north and south, with very little remaining space to slow down or stop in the event of pedestrian or automobile traffic problems. 5. For the above reasons and others, tho proposed PUD amendment, with its resulting building(s) would cer~ainly lower local proper~y values, including those of our condominiums at Princeton Place. I know we speak for many other residents at Princ~ton Place and in the Wiggins Bay location when we ask for disapproval of Petition Number PUD-82-33(1)Z Yours ve.ry/~x~ly, / ~illiam K. Cordier WKC:mp ~ailina Address 349 Aurora Street Hudson, OH 44236 Phone: 216-653-9739 ~UC- 2 6 1997 i 300 Hors.creek Drive Unit 101 Princeton Place Naples, FL 33963 July 10, 1997 Collier County Community Development and Environmental Services Division Current Planning Section 2800 North Horseshoe Drive Naples, FL 33942 Attention: Mr. Ronald F. Nino, Chief Planner Subject: Petition Number PUD-82-33 (1) Gentlemen: My wife and I own a condominium at Princeton Place within Wiggins Bay, close to the intersection of Vanderbilt Drive (CR 901) and Wiggins Pass Road (CR 888). We have received letters from you on two previous occasions regarding petitions for amendments nearly identical to the one which is ~e subject of your third letter, dated June 27, 1997. The latest of t. his series of petitions appears to be only slightly different from ~he earlier ones. It asks for a~endment of ~he Wiggins Bay PUD to allow residential uses and eliminate c~mmercial uses in the commercial tract, specifically allowing 56 dwelling units in one or more structures up to seven stories high on proper~y comprising (X believe) ].5 acres at the southeast corner of Vanderbilt Drive and Wiggins Pass Road. We believe ~he minor changes e~bodied in the latest petition would not substantially alter ~he negative impac~ of the proposed development and we We strongly believe the subject proper~y should only be used for commercial purposes as originally intended: The owner/owners of that property knew when they acquired it, that it was not to be used for residential purposes. The request should be denied unless it would have no adverse impact whatsoever, on nearby properties, the interests of property owners, traffic patterns, safety, etc. Owners of nearby residential property and condominiums have already suffered obstructions and changes in their viewscapes because of recent, unexpected erection of high-rise buildings at the Pelican zsie development. Still more buildi~--~~ ~ ; ,~U$ 26 1997 July 10, 1997 Page 2 this area, even of heights up to.seven stories woul= dominate views from all directions, creating an unsightly distraction. Our Princeton Place condominiums are five stories high and others within Wiggins Bay are even shorter. 3. Population density in that general area is already greater than the roadways (Vanderbilt Drive and Wiggins Pass Road) are capable of safely handling. That problem will only worsen after completion of the Pelican Isle and Tarpon Cove developments. We therefore object to the addition of as many as 56 dwelling units in that area for safety reasons. 4. The safety problems associated with such a development would not only affect local residential and condominium property owners ..... it would also threaten traffic accidents for people entering and leaving the county park across the street, the boat launching area, the Coast Guard station and the Wiggins Pass marina. In addition, the bridge over Wiggins Pass presents an obstruction to the views of traffic approaching from the north and south, with very little remaining space to slow down or stop in the event of pedestrian or automobile traffic problems. 5. For the above reasons and others, the proposed PUD amendment, with its resulting building(s) would certainly lower local property values, including those of our condominiums at Princeton Place. I know we speak for many other residents at Princeton Place and in the Wiggins Bay location when we ask for disapproval of Petition Number PUD-82-33 (1)L Yours ve~y/t~ly, / ~William K. Cordier WKC:mp Mailina Address 349 Aurora Street Hudson, OH 44236 Phone: 216-653-9739 ~U$ 2 ~ Jul. 15 1997 l~:41llq P2 Geogge & Helen Andelfinger 320-403 Horsecroek Dr. N&ples, FL 34110-6033 July 14, 19~7 Collier County Government Community Development Services DiVision 2800 Horseshoe Dr. ~aples, I~ 33942 Arts: Mr. R. Nine Re: PUD 82-33 (1) Dear Hr. Nine, On October 8th and 22nd 1996, we attended the Collier County Commissioner's meeting when this PUD was being considered for re-zoning from Commercial to Residential and construction of a fifteen story condominium of 56 units. The Coaulissioners voted not to approve the project. We understand from neighbors that re-zoning is now again being considered. Ne have spoken to several other owners at Princeton Place who have not received notification of meeting to consider tho re-zoning and have pressed that they oppose the re-zoning. We agai~ oppose the re-zoning to residential for ~he following reasons: 1.- When we purchased our home at Princeton Place, which is adjacent to PUD 82-33 (1), we noted that PUD 82-33 (1) is listed as c~orcial. AS cotmaercial, we felt that buAldtngs which would have a height of only 35 foot would bo a good addition providing services to the surrounding co~munity. 2.-The traffic impact on tho community would be lower with commercial development than with high rise condo~inium.The low traffic count will not support high traffic commercial development such ss gasoline stations a~d etc. On the surface, it would appear ~o be a "no heather" to approve a change from cog~ercial to residential in order to l~rove ~he co~munity. When you look u~der the surface, you then fend that the commercial zoning is best for the community. Very truly yours, George A~delfinger i AUG2 1997 P~ Ridi~, lll~ 60068 Fanei, ]. H,,I~, I~LD. 2300 ~Tincl,or 3,hll P, rk Ri,~e, Illinoi~ 60068 PRINCETON PLACE AT WIGGINS BAY CONDO III July 11, 1997. Dear Mr. Nino, As residents of Princeton Place at Wiggins Bay community, we are strongly opposed to any change in zoning for the property described in Petition No. PUD-82-33(1). All of the residents purchased their properties knowing that this parcel was zoned commercial and were not concerned with mid and high rise buildings blocking their views and adding additional density. Please note that the northwest and west exposure of the west end units especially, would be severely impacted by a 7 story structure. The actual distance to such proposed PUD would be as little as 250 feet. Sincerely, Board of Directors Frank Beckerer, President Roy Louth, V.~ ce-President Tom Bell, Treasurer AUG 1997 PEL BROWN 14 Round Hill Road Watch Hill. R.I. 02891 July 7. 19~/7 Collier County Government Community Develooeent Services Division Naples. Florida 5J942 Dear Sir: In regard to your recent correspondence concerning Pstition No. PUD-82-~¢l), Michael R. Fernandez,AICP, representing Harig Manufacturing Corporation, requesting a rezone, I ,ould like to be put on record that I do not {aver this. This particular intersection, Vanderbilt Drive and Wiggins Pass Road, is a hazardous situation regarding extremely di{{icult to go either south {rom Wiggins Bay Rd. or to turn East from Vanderbilt South during the winter season. I feel a study should be done on this before preceding with approX. If there are going to be another 5& units at that intersection, ~tll add to the congestion already there. I also do not understand why this could not be brought up during months when the majority of property o~ners are in Naples, so tha~ ~ could personally represent ourselves. I hope you will consider my request. Very truly yours, 7/I~./fl-/ PUD Dr,vt ~d ~:~,~,s Pass Rood Re, ~etiti= ~o. P~ 82 33 (1) ~r. Ro'~rt P Hizo Chief Pla~er Collier Co~ty Cc~u~ity Develo~m~at Ser~icee Ditl~ioa 2800 ~. Hox~eehoe Drive Haples, FI. 33~2 Deax ~r. Ninos I aa in receipt of your letter d~ted J~e 2?th, 1~ the rezoning in the &b~ve referenced petiti~n. Xlndly be adviae~ t~t I mtrongly oppome this peti%tc~ ha~ed ~ the grc~mdm it wou.~, be · meyer', wa%~r, traffic &n~ ro&d problea adding to ~ha% we a~e encountering at %hi~ %i~e due to over develcr~ea% at the nc~th e~d of torn. Very trbly you~, AUG 2 6 ~97 ~ ORDZN~qCE NO. 97-__ AN ORDINANCE AMENDING ORDINANCE 82-121, A~ENDED, WIGGINS BAY A PLANNED UNIT DEVELOPMENT, PUD, BY PROVIDING FOR: SECTION ONE: E~F..N~ TO H~XIHUH GROSS PROJECT DENSITY SECTION; SECTIO~ TWO: A~ENDI4ENT TO CO~4ERCIAL SITE SECTION; SECTION THREE: R~4ENDe~ENT TO MULTI-FAmILY D~F,~LING UNIT DISTRIBUTION SECTION FOUR: AMENt~ENT TO M~STER PLAN SF~TION; SECTION FIVE: EFFF~CTIVE DATE. W~REA~, on December 28, 1982, the Board of County Comttssioners approved Ordinance Number 82-121, which approved the Wiggins Bay Planned Unit Development (PUD}; and WHEREAS, Michael R. Fernandez, AICP on behalf of the H&rig Manufacturing Corporation owner of certain land in the Wiggins Bay PUD petitioned the Board of County Co~missionsrs of Collier County, Florida to amend Ordinance Number 82-121, as set forth below: NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: AMENDMENT TO UNNUMBERED SECTION - MAXIMUM GROSS PROJECT DENSITY The Section entitled 'Maximum Gross Project Density' of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended), is hereby amended to read as follows: Maximum Gross Project Density :.~? 5.05 units per gross acre buildable on site; total dwelling unit count not to exceed ~ 749 units. SECTION TWO: AMENDHENT TO COMMERCIAL SITE SECTION The Section entitled 'Couaercial Site' of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as read as follows: Multi Family Site The foz~e£ co~mercial tract, beL~g some 3.5 acres in conve~ced to 56 multi-fndly hou~ing unit. The ~axisum height living fl~rs ~gi~ing at tho 100 ~r ~ fl~ elev~ ~lVel~C ICz/t~ and It~ to ~ ~l~ll~~) rep~esentacive ~f t~ exhibits s~tt~ to ~ ~lic ~rl~ -1 1_ AUG 2 I reco~d before the Collier ~ of Commissioners~ in ~S~-"~'~'~rds_~_$ection 2.2.7.4 of~-'~'Collier~'~-~'~_x.-l~--.~ Development Code. Development of ~he ~rac~ ~ ~ consis~en~ ~i~h ~he Enviro~en~al Sections of ~he Collie~ Coun~G~o~h ~en[ Plan Consezva[ion and Coas~al~n[ Elemen[ and [he Co[lie~ ~~ ~velo~en~ C~ i~ effec[ a~ [~ ~i~ o~ [ina~ develo~en[ SE~XO~ THREE: ~E~ENT TO HULTX-F~[L? ~ELL[~G UNiT DISTRXC~IOH SECTIOn. The Section en[i[led 'Mul[i-Family ~ellin9 Oni[ D~s[~i~[ion' of [he ~[~ins Bay Planned Oni[ ~velo~en~ {O~dinance No. 82-121 as amended}, is hereby amended ~o =cad as follows: Hul[i-Family ~ellin~ Uni[ Dis[=ibu~ion Hul[i-Family dwellinq uni[ dis[zibu~ion shall occu~ qene~ally as indica[ed on [he app=oved Hasle= Plan. Two o~ moze ad~oinin~ mul~i-family si[es ~y ~ Joined'lo ~c~e a single developmen~ si[e. ~i~h [he app=oval of the Di=ec~o~, aide lo~ lines and ~he dis[=ibu[ion of mul[i-f~ily dwell[n~ units indica=ed on [he appzoved ~as~e~ Plan ~y be modified, so lon~ as ~he [o~al mul[i-famlly dwellinq uni[ court[ does no~ exceed ~ SECTION FOUR: ~E~ENT TO ~TER The Section en[i~led "Has~e~ Plan' of the ~ig~lns Bay Planned Uni[ Developmen[ (O~dinance ~o. 92-121 as amended), is he=eby amended [o ~ead as follows: Has[cz Plan The approved Mas=e~ Plan shall also cons[i[u[e ~he approved Subdivision Hasle= Plan. The Has~e= Plan is hereby a~nded ~o dele[e ~he Co~ercial desiqna~ion and in ils place provide fo= mul[i-family use and a seven {~) s[o~y buildin~.. SE~IO~ FIVE: E~[~ D~TE This O~dinance shall become effec[ive upon f[lin9 wi~h [he ~parcmen[ o~ S~a[e. PASSED ~D DULY A~ED by [he Boa=d o~ Courtly Co~issione~s of Collie~ Coun[y, Elo=ida, [his ~ day of , 199~. ATTEST: D~IGHT E. BROCK, CLERK BOARD OF COUNTY CO~HISSXONERS COLLIER COUNTY, FLORIDA TIMOTHY L. ~COCK, CHAIR~h~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~i~d~'JO~l.E M. STUDENT ASSISTANT COUNTY ATTORNEY '"'"'""" "' | AUG 2 6 1997 Word-_~ are deleted~ words ~ are added, m PETITION R-97-3, COMMUNITY DEVELOPMEHT & ENVIRONMENTAL SERVICES DIVISIOH, REPRESENTING THE COLLIER COUNTY BOARD OF COUHTY COMMISSIONERS, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO "E" ESTATES FOR THE ISLAND PINE8 GARDEN PUD LOCATED IMMEDIATELY SOUTH OF THE COUNTY MAIHTENANCE FAClUTY ON COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 10 ACRES, MORE OR ~. On December 10, 1996, the Board of County C, ommtssioners adopted Resolution 96- 574, which required the property owner of the Island Pines Garden PUD to submit a PUD amendment to the Planning Sen, ices Director prior to June 10, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4 of the LDC, the BCC may initiate proceedings to rez~ the unimproved portions of the PUD to an appropriate zoning classification consistent wtth lhe Future Land Use Element of the Growth Management Plan. ~QNSIDERATIONS: 89-53). However, the SDP expired wtth no commencement of construclion, therefore Services ~ prior to June 10, 1997 in order to cause said PUD to ~ comislent with the CoBer County GMP. AUG $1997 The PUD amendment had not been re.ired by lhe Planning Services Director by the required date, therefore ~ BCC may rezone the PUD to an appropriate zoning district consistent with the FLUE of the GMP. Since the prior zoning of the parcel was E and the surrounding property is zoned E, staff believes that an appropriate zoning district for the subject parcel Is E. The Collier County P~anning Commission reviewed this petition on July 17, 1997, and by unanimous vote, recommended approval of the rezoning from PUD to Estates. FISCAL IMPACT: Approval of this petition would reduce the maximum allowable density on lhe parcel from 80 dwelling units to 4 dwelling units, therefore, the potential ad valorem tax revenue fo~ the site would be reduced. ~IROWTH MANAGEMENT IMPACT: The proposed rezc, ne will bring the density into compliance with the Futura Land Use Element of the Growth Management Plan. The Density Rating System of fl~ Growth Management Plan permits up to 3 units per acre on the subject property. The proposed rezone to Estates would permit I unit per 2% acres. HISTORICIARCHAEOLOGICAL IMPACT: Staff's armlysas indicates that ~ p~4~o~r'~ prope~r b not Ioca~ within ~ ~ of hbtodcal ~ a~'chaeok:~cal probability a~ refenmced on Ihe offidal CoBer County Probability Map. Therefore, no Hlstorlcal/~ Survey & Assessment or PLANNING COMMISSION RECOMMENDATION: ~ apprm'e petition R-97-3, mzonlng the Island Ptnea ~ PUD to Estates. AUG :e $1997 PREPARED BY: CURRENT PLANNING SECTION DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR DATE VINCENT A~ CAUTERO, ADMINISTRATOR DATE ~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSlON executive summary/R-97-3 AUG ~ 6 199'/ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVlCES DATE: JUNE 10, 1997 RE: R-97-3; ISLAND PINES GARDEN PUD AGENT/APPLICANT: (~Nne~ Chatham Square Development Corporation 2375 Tamiami Trail North, Suite 300 Naples, FL 34103 Agent: Steve Erek Green, Keene & Erek, Inc. 3806 Exchange Avenue Naples, FL 34104 REQUES'rED AGTION: On December 10, 1996, the Board of County Commissioners adopted Resolution 96- 574, which required ~ property owner of the Island Pines Garden PUD to submit a PUD amendment to the Planning Services Director prior to June 10, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4 of the LDC, the BCC may Initiate proceedings to rezone the unimprmmd portions of the PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Martagement Plan. ~Ac~.~ AUG 2 $ lcj97 TiON' The subject property is located east of County Elam Road approximately one mile south of Davis Boulevard in Section 8, Township 50 South, Range 26 East. PURPOSE/DESCRIPTION OF PROJECT: The Island Pines Garden PUD permits multi-family housing and accessory uses at a density of 8 dwelling units per acre. At this density, a maximum of 80 multi-family units could be constructed on the 10 acre site. SURROUNDING LAND USE AND ZONING; Existing: 10+/- acre site; unimproved except for an area previously used as a kx:ation for a sales trailer Surrounding: North - East - Crews Road ROW, across which is the County maintenance facility;, zoned Ecu zoned E zoned E County Barn Road ROW, across which is property zoned E Ne. AUG $1997 Staff's analysis indicates that the pefitioneCs 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 or waiver is required. The effect of a rezoning aclJon on the subject PUD would be to reduce the density, and all the impacts resulting from the number of dwelling units, from a maximum of 80 dwelling units to a maximum of 4 dwelling units. ANALYSIS: In 1988, the property was rezoned from Estates (E), to the Island Pines Garden PUD. At that time, the maximum density for the 10 acre site was increased from I dwelling unit per 2% acres to 8 dwelling units per acre. During the Zoning Reevaluation process in 1990, the project was found to be exempt due to a valid Site Development Plan (SDP-89-53). However, the SDP expired with no commencement of construction, therefore the project became subject to the PUD sunset provisions. On December 10, 1996, the BCC, pursuant to Section 2.7.3.4. of the Land Development Code, Time Emits for Approved PUD Master Plans, approved Resolution 96-574, which required the property owner or agent to submit an amended PUD to the Planning Services Director prior to June 10, 1997 in order to cause said PUD to become consistent with the Collier County GMP. The PUD amendment had not been received by the Planning Services Director by em required date, therefore em BCC may rezone em PUD to an appropriate zoning dlsblct consistent with em FLUE of em GMP. Since em pdor zoning of em parcel was E and em surrounding property is zoned E, staff believes Ihat an appropriate zoning district for em subject parcel is E. AUG 2 $1997 Staff recoTtmer~s that the CCPC forward Petition R-97-3 to the BCC w~ 8 ~ndation for rez~ing the island Pines Garden PUD to'the Estates (E) zoning PREPARED BY: FR~~ PLANNER CURRENT PLANNING REVIEWED BY: ~GER ' ROBERT J. MULHERE, AICP, CURRENT PLANNING DATE DONALD W. ARNOLD, AICP, DIRE~ ~ OR DATE ' ' PLANNING SERVICES RO ADMINIS~ OR DATE VINCENT A. , COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVlCF..S Petitkxl Number: R-g7-3 Staff report for the July 17, 1997 CCPC meeting. This Petition has tentatively been tentatively scheduled for the August 5, 1997 BZA Pub MICHAEL A. DAVIS, CHAIRMAN AUG 2 $1997 REZONE FINDINGS PETITION R-97-3 ISLAND PINES GARDEN PUD TO ESTATES "'0 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed rezone will bdng the zoning into compliance with the Growth Management Plan. Con: The Density Rating System of the Growth Management Plan permits up to 3 units per acre on the subject property. The proposed rezone would permit 1 unit per 2% acres. Summary Findings: The proposed rezone is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. Pro: The surrounding land is zoned E (Estates) except for the Falling Waters PUD. The land use In the area includes the County Maintenance facility to the north, and two churches across County Barn Road to the west. Falling Waters permits a density of up to 5.96 units per acre, however, the adjacent portion of Falling Waters is a conservation Con: None. Summary Findings: Evaluation not applicable. 3. The possible creation of an Isolated district unrelated to adjacent and nearby districts. Pro: The proposed rezone would result in n 10 acre parcel zoned E, surrounded by other parcels zoned E, and the conservation tract of Falling Waters. Con: The subject parcel is surrounded by several more intense uses (County maintenance facility, churches). · AUG261997 Summary Findings: Some of the surrounding uses are more Intense than the Estates zoning that is proposed, however, they were approved as Conditional Uses within the Estates district. 4. Whether existing district boundaries are Illogically drawn In relation to existing conditions on the property proposed for change. Pro: Except for the conservation tract of Fal~ing Waters, the surrounding land is zoned Estates. Con: None. Summary Findings: Evaluation not applicable. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The Island Pines Garden PUD was approved prkx' to the adoption of the Growth Management Plan. With the adoption of the Growth Management Plan, the PUD has become Inconsistent with the Density RaUng System. Con: None. Summary Findings: The rezone is consistent with the Growth Management Plan. Whether the proposed change will adversely Influence living conditions In the :ighborhood. Pro: The proposed change will reduce the maximum density off this parcel from a possible 80 dwelling units to a maximum of 4. Con: None. Summary Findings: The proposed reduction in density will not trigger adverse Influence off living conditions in the neighborhood. 7. Whether the proposed change will create or excessively Increase traffic congestion or create types of traffic deemed Incompatible with aurroundIng land uses, because of peak volumes or projected types of vehicular traffic, Including activity during construction phases of the development, or otherwise affect public safety. Pro: The proposed rezone will reduce the possibla number of c~6'elling units by 76. This will reduce t;al~ic impacts at buildout and reduce construction activity impacts. AUG 2 $1997 ....... ?- .... ,.._ Con: County Barn Road is within the Traffic Congestion Area as shown on the Future Land Use Map. Summary Findings: The reduction of future traffic volume using County Bard Road will positively affect public safety. m 8. Whether the proposed change will create a drainage problem. Pro: The single family homes permitted on Estates zoned property are not required to provide their own water management system. However, single farru'ly homes traditionally construct less impervious surface than multi-family projects. Con: A multi-family project, such as that in the Island Pines Garden PUD, is required to retain a certain amount of stormwater on site. Summary Findings: The proposed rezone to Estates will not create a drainage problem, however, it will not remedy existing stormwater runoff problems in the neighborhood. g. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed reduction in density may increase the amount of light and air circulating to adjacent areas. Con: None: Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by developmenL 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: The values of adjacent properties may increase if they are not adjacent to a multi-family housing site. Con: The value of the subject property may decrease as a result of being rezoned from PUD to Estates. Sum:~,~ry Findings: This is a subjective determination based upon factors which may be internal or external to the subject property. Zoning Is only one component which may affect property values. AUI~ 2 6 ;99? P-.,/0 11. Whether the proposed change will be · deterrent to the Improvement or development of edJacent property in eccordance with existing regulations. Pro: None. Con: None: Summary Findings: The basic promise underlying all of the development standards in the zonlng division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change wlll constitute a grant of special privilege to an Individual owner as contrasting with the public welfare. Pro: None. Con: None. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE Is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interesL 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: None. Con: None. Summary Findings: The maximum density of the current PUD zoning is eight dwelling units per acre, which is inconsistent with the Dens~ Rating System of he Growth Management Plan. 14. Whether the change suggested is out of scale with the nee~ of the neighborhood or the County. Pro: The proposed rezone complies with the Growth Management Plan and b consistent with the surrounding zonir~. NO. ~ AUG 2 6 1997 Con: The existing PUD zoning is Inconsistent with the density RaUng System of the Future Land Use Element of the Growth management plan, Summary Findings: The proposed rezone will bring the subject property into compliance with the Growth Management Plan. 15. Whether It Is Impossible to find other adequate sites in the County for the proposed use In districts already permlttlng such use. Pro: There are many other sites in the County which are wtthtn the Urban Area and could request a rezone to Estates. Con: This rezone is requested by the Board of County Commissioners as a result of the PUD sunsetting requirements. Summary Findings: The determining factor in this case Is the Inconsistency of the current PUD zoning with the Growth Management Plan, not the availability of Estates zoned property. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The property is currently vegetated and would require some clearing for single family housing. Con: The existing PUD zoning would requlre more clearing of vegetation than the proposed Estates zoning. The PUD contains a 'natural Area'. Summary Findings: Development of the land will necessitate alteration of the site in some form. Single family dwellings traditionally alter less of the property than multi- family construction. 17. The Impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and Implemented through the Adequate Public Facilitles Ordinance, as amended. Pro: The proposed availability of services will be reduced by 76 dwelling units if the property is rezoned as requested. Con: None. Summary Fln61ngs: The proposed rezonlng action will result in a reduction in the level of services required by the currant PUD zoning. AUG 2 6 1997 URB~/{ - MIXED USE DISTRICT Urban Residential Subdistrict Proposed uses are consistent wi~h one or more of the following ~ uses: (circle applicable uses) Single-Family · Multi-Family · Duplex ' Mobile Home · Mixed Use Residential (PUD) Yes / No N/A. Proposed ~ density is ! 16 du/a - except for use of TDRs - and is consistent with density allowed by Density Rating System (see attached FLUE Density Rating '~' System worksheet). Yes / No N/A__ Proposed uses are consistent with one or more of the following non-residenti~ uses: (circle applicable uses) ' Essential services as defined in the LDC. · Parks, open space and recreational uses· Water-dependent and water-related uses such as water-related parks, public or private marinas, yacht clubs; and related accessory and recreational uses such as boat storage, boat launching facilities and boat fueling facilities, restaurants, health clubs. Community facilities such as churches, cemeteries, schools, fire and police stations· · Utility and communication facilities. I AG~ D~ 6 No. I AUG 25 1997' I ................................... : ...... L...__._--....-/-3 _ '.. ] Yes Earth mining, oil extraction and related processing. Agricuiture. Travel trailer recreational vehicle parks provided that the following criteria are met - the site has direct access to a road classified as an arterial, the use will be compatible with surrounding land uses, and the proposed density is consistent with the density outlined in the TTRVC Zoning District. Support medical facilities such as physicians, offices, medical clinics, treatment, research and rehabilitative centers and pharmacies (as long as the dominant use is medical related) located within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types, of injuries and.traumas. Commercial Under Criteria (see applicable sheet)· Industrial Under Criteria (see applicable sheet). ~ No N/A, / AUG ,~ 6 1997 FLUE DENSITY RATIN~ SYSTEM WORKS~EET (9/11X for Residential uses on lands designated Urban, within the Urban - Hixed Use District, in the Urban Residential or Urban Coastal Fringe Subdistricts.) CATEGORy D.U./OROS8 ACRE (+.-) _ ,,,4 CONFERSIO~ OF C0KHERCIXL ZONINC Allows a bonus of 16 dwelling units for every acre conver~ed from commercial to residential. Applies only to Commercial Zoning not located within an Activity Center or not consistent with siting criteria for commercial land uses - Commercial Under Criteria or PUD Neighborhood Commercial. (D~elling units may be distributed over.the entire project.) PROXIHITY TO ACTIVITY CENTE~ Projects located within the boundaries of a Mixed-Use Activity Center are eligible to receive a bonus of up to 16 dwelling units per gross acre. Projects located within a Residential Density Band, as _~_ identified on the Future Land Usa Hap (FLUM), are eligible to receive a bonus of up to 3 units per gross acre. 35 Activity Center boundaries are identified on the Future Land Use Map (1/2 mile square, 1/4 mile in each direction measured from the centerpoint of the Activity Center). Interchange Activity Center boundaries are identified within the Future Land Use Designation Description Section as they have site-specific boundaries. The Activity Center in Golden Gate is also site-specific and is identified in the Golden Gate Area Master Plan. If a project (parcel) is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center. This does not apply to Interchange Activity Centers. If a parcel of land is par~ially within an Activity Center, and is part of a final subdivision plat approved by BCC prior to May 19, 1992, and is ~ 5 acres, the entire parcel shall be considered to be within the Activity Center. This does not apply to Interchange Activity Centers. If 50% or more of a project is within the Density Band, the additional density applies to the entire project. Density Bands are located one radial mile from the center of a Hixed-Use Activity Center. They do not apply within the Estates Designation or areas within the Traffic Congestion Boundary, as identified on the FL:rM. 4e Provision of affordable housing as defined by, and subject to the requirements of, the Affordable Housing Density Bonus Regulations, allows a bonus of up to 8 dwelling units per gross acre. RESIDENTIAL INFILTf Up to three dwelling units per gross acre may be added if the following conditions are met: · Project is _< 10 acres. Project is in an area with centralized public water and sewer service. 0 Project is compatible with surrounding land uses. Proper~y has no common site development plan with adjoining property. There is no common o~nership with adjacent property. 37 AUG g 6 1997J. The parcel was not created to take advantage of the in-fi~l residential density. One dwelling unit per gross acre may be added if the project has ~ access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element. NOTEI Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five' years of the CIP (Capital Improvements Plan). · 7 o TRAFFIC CONGESTION BOUND~R¥ One dwelling unit per gross acre will be subtracted for projects within the Traffic Congestion Area. (The Traffic Congestion Boundary is identified on the Future Land Use -/ Map.) Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic CongestionArea if their principal access is to a road forming the boundary of the Area. INTERCONNE~ZON Up to one dwelling unit per gross acre may be subtracted if the project fails to interconnect with all existing projects AUG 0 1997 when physically possible and fails to provide interconnection with all future adjacent projects. (If lnterconnection is granted, it must be a clear commitment in the PUD document and Master Plan, or stipulated in the rezone request.) CONSZSTENCy ~ZTH XLL OF T~E FOLLO~ZNG CONDZTZONB ZB R~OU~R~D BEFORE The maximum permitted density shall not exceed 16 residential dwelling unit~ per gross acre for any land use designation, e~ceDt when utilizing the TDR provision of the LDC (Section 2.2.4.10). Maximum density in the Traffic Congestion Area (which includes the coastal Management Area) is 4 units per gross acre unless one more of the following mechanisms are used: Conversion of Commercial Zoning. Provision of Affordable Housing. Provision of Residential Infill. Project is within the boundaries of an Activity Center. Transfer of Development Rights. Maximum density permitted in the Urban Coastal Fringe Subdistrict (area bounded by the City of Naples to the West, U.S. 41 to the 39 North, and the Area of Critical State Concern to the East} is 4 units per gross acre except: {1) 6 du/a on Marco Island when utilizing the Conversion of Commercial Zoning provision (requires the applicant prepare and implement a hurricane evacuation plan); (2) 8 du/a on Marco Island when utilizing the Affordable Housing provision (cannot exceed a total of 600 affordable housing units in the Urban Coastal Fringe); (3) (4) 12 du/a outside of Marco Island when utilizing the Affordable Housing provision (cannot exceed a total of 600 affordable housing units in Urban Coastal Fringe). Through use of TDR's (appropriate mitigation is required consistent with Policy 13.1.2 of the Conservation and Coastal Management Element). De Maximum density permitted in the Urban Residential Fringe Subdistrict is 1.5 units per gross acre. Travel Trailer Recreational Vehicle Parks shall be alloyed to develop at a density consistent with the LDC. 4O AUG G 1997 BASE DENSITY BONUSES DENSITY RATING SYSTEM WORX~ET 8~M~RY DEDUCTIONS 1. _ ~ ~-~lC Co~)~WSTToA) ADJUSTMENTS (due to density caps in A.-E. of FLUE Density Rating System worksheet) FINAL DENSITY AJ~ ORDItqALqCE ~XNG ORDINANCE 82-2 THE COPtPREHENSIVE :ZOMXMG ItZ:GULATXONS FOR THE UgXNCORPORAT~:D AREA OS* COLLIER CO01~T~, · FLORIDA, BY APIE~XMG THE OFFiCiAL ZONING ,.~-~ i ZO~XRG CLASSXLfXCATZO~I OF THE HKRrXR ;? · ~" DESCRIBED PROPERTY LOCA'I~:) X~XATL'LY, ~ SOUTH or THE comrrY ~LAxFr~ASCE FACIL~O. ~ '-~ ComrTY B,JU, ROAO rrb. -z- ESTATES TO ~4e  ]WC:~rg AS gXSLA.qD PXIFF, S GARDE~i* CONSXSTX.%*G .~' OF' X0 ACRES, SECTION 8, TO~HSHIP SO SOUTH, 4,*V* ' · ~ '~ RANGE 26 EAST, FOR 80 ~LTLTX-£ANILY ~' ~ RESXUEN?XAL U~IXTS AiD BY PROVXDXHG FOR AN .%, EFFECTIVE DATE. ~ J~EREAS, DF. Reno J. Spagna, .z:epresentincj Gerrett F.X. Teryl Beyrent, petitioned the Board of County Commissioners to chaflqe the Zonipq Classification o~ the hereinafter .~escrtbed NC~, TX~REFOF~E SE XT ORDAINED BY THE ~OAJ~D or COU~I~f ~ CO~J~ISSZONERS ~F COLLIER COUNTY., FLORIDA: ~ SECTION ONE: ~ The Zoning Classl~lcation of the herainaftar describad ~ real pz:ope~ty located in Section 8, To~mship $0 South~ Range 2~ ~ East. Collier County, Florida, ia changed from =E' Estates to .;:; PUD, Planned Unit Development, in accordance with the PUD · document a~tached hereto as £xhibit 'A' ~hich ~s incorporated '= herein and by reference made part hereof. The Official Zoning · ... Atlas Hap Nu~ber 50-26-3, es described in Ordinance 82-2, .~ hereby amended ~ SECTION ~: '~ ~ts Ord~flance shall bec~ e~ec~lve upon receip~ o~ '" · . no[ice fr~ the Secre[a=M o~ S[aZe thai this OrdAnance has been Eiled ~Ath the ~ec=e~y o~ Stale. '- P~SED ~ D~Y ~ b~ the Board oE Coun~ = .~ C~szionera o~ Collier County, Florida, th~l 13ch · ~ o~ DecaYer , 1988. ]~.SOZ~J~ZON ~6- S74 WH~.E~, the ZII~ Pines G&~den PUD, C~'din~nce 18-94, &dop~ed on ~, ~e BoiFd o~ C~n~y C~/ssioneFs has ce~ provis~o~s ~t ~i GF~ Eanage=en~ Plan (~) and ~e ~ ~FO~ BE XT ~0~, ~y ~he BoaFd ::. x. ~e a~ve zeci~als are adop~e~ here~n ~ tully se~ ~o~ hereAn. 2. ~As Resolu~ion shall constitute evidence ot c~plAance vl~h ~he revl~ Fe~irenen~s ot Se~ion 2.7.3.4 ct ~e 3. Pu~ouan~ ~o said section ot ~he or a~en~ a~ll suht~ an ane~ed ~ ~o ~e Pla~A~ caue saAd ~ to ~c~e cons~s~en~ This Resolution shill ~cone effective lmdia~ely u~n A~s BE XT ~~ ~a~ ~is Resolution "~ Resolution a~ ~ed for L~o adoption, seco~ed by .. Hic0Eie , a~ upon roll ca~l, [_ AUG 2 G 1997 AYr, SI Comm[asionec'H&ncock,. Commissioner l~&c"lCie, CoMLaa~oflec Beccy~ Co~ss/one~ Cofls~aflCifle and CoMLasionec ~crts 6 7 9 10 II 12 13 14 15 16 17 15 19 20 21 22 OROINARCE 97- A/~ ORDINA/~CE AHENDING ORDZNFItCE NUMBER 91-102, THE COLLIER COUNTY DEVELO~NT CODE, WHICH INCLUDES THE C~PREHENSZVE ZONING ~GU~TZONS ~R THE ~ZNCOR~TED ~ OF CO~ZER ~RIDA, BY ~NDZNG THE OFFICI~ ZONING AT~S ~P N~E~D 0608S~ BY C~GING THE ZONING C~SZFI~TION OF THE HE~IN DESCRIBED R~ PROPER~ ~ 'PUD' P~NED ~IT D~E~ ~ 'IS~D PINES G~D~ ~D' TO 'E', ~R PROPERTY ~TED seth OF THE CO~ ~INTEN~CE FACILITY ON CO~Y ROAD, IN SE~ION 8, T~SHZP 50 SO~H, ~NGE 26 ~ST, COLLIER CO~y, ~RZ~, CONSISTING OF 10 ACRES ~O~ OR LESS; ~D BY PROVIDING ~ EF~I~ DATE. WHEREAS, on December 13, 1988, the Collier County Board of County ~ Commissioners approved Ordinance Number 88-94 changing the zoning ~ classification of the herein described property from 'E~ Estates to 26 'PUD" Planned Unit Development known as 'Island Pines Garden PUD'; and WHEREAS, the Island Pines Garden PUD, pursuant to the Zoning ~ Reevaluation Ordinance, was determined to be inconsistent with the ~ Future Land Use Element of the Collier County Growth Management Plan, ~ but was granted an exemption because Site Development Plan 89-53 had 31 been approved on July 11, 1989 for the property; and 32 WHEREAS, Site Development Plan 89-53 expired on July 11, 1991 33 pursuant to Section 3.3.8 of the Land Development Code, Site ~ Development Plan T'me Limits; and WHEREAS, on October 30, 1991, the Collier County Boa:d of County ~ Commissioners adopted Ordinan~e 91-102, the Collier County Land 37 Development Code, including Section 2.7.3.4, Time Lia~tts for Approved ~ PUD Haster Plans; and 39 WHEREAS, on December 10, 1996, the Collie: County Board of County 40 Commissioners approved Resolution 96-574, Pursuant to Section 2.7.3.4 41 of the Land Development Cods, Time Limits for Approved PUD~taster 42 Plans, requiring the property owner or agent of the Island PAnes 43 Garden PUD to submit an amended PUD to the Planning Services Director ~ prior to June 10, 1997 in order to cause said PUD to become consistent 45 1997 / HH£Rr. AS, an amenda~nt to the Island PLnes Garden PUD vas not 2 raceLved by the Planning Se~v~cea DLrector Pt~ot to ~une 20, 1997~ and 4 O~s~on, representing the Co~e: Coun:y Board o: County ~ C~ss~onets, Petitioned the Boatd o: County :~;l~onet; to change 6 the zoning c~ass~cat~on o~ the hete~n descried tea~ Pto~tty, 7 attached hereto aa ;xh~b~t 'R'; and I ~, the Co~et ~unty e~a~ng ) the ~ard of Cowry C~ssionets :ezone I! N~ THE~ BE IT OR~ZNED BY ~ ~ ~ ~ ~l~ 12 or co~z~ c~, 13 SE~ZON 14 The Zoning C~4ss~f~catLon of the ~teLn 17 as Zsland PLneo ~t~n ~D to 'E' ~tes, ~ 2.7.3.4 of the CoZener C~ty ~ ~l~t ~, T~ ~ foz 19 Approved PUD Haster Plans. ~e Off~=~a ~ 0608S, as descried In OrdL~ ~r 21 ~nd ~velo~nt C~e, ~s her~y ~ ~ S~ZON ~: This Ordinance shall ~c~ eff~ ~ ~par~nt of State. P~SED ~D ~LY A~D by ~e ~ of ~t~ ~ls~rl of ~ Collie= County, Flgrida, th~l~ ~y of ~ OF ~ ~ZSSI~ 27 2~ 29 31 41 Assistant County Attorney -2- EXECU'IT~ S~Y 7' mu~U-~mib,) to P. SF-~ ~ ~ a,m~ The subject site is vacant, and is located ~t file ima'seclion of Pan Am Avenue ami Grand Canal Drive. The site has 220 feet of frontage on Grand Canal Drive and 169 feet of frontage on Pan Am Avenue for a total site m of.85 acres. The applicant wishes to extend the end of an existing seventy (70) foot wide canal south of the subject property, north through thc subject site approximately 150 feet The applicant would like to subdivide the property into four (4) waterfront building lots, in order to develop four (4) tingle family dwelling un/t~ on/ndividual ]ot~ of comps-able d/men, ohs, a~ea and use to thc surrounding single family residential properties. The Gulf Harbor subdivision is geographically separated f~am sm-rounding neighborhoods. The subdivision is comprised ofphtted lots which front on local m-~ts which lie in a modified grid pattern. There is one point ofingress/egreas (pan Am Avenue via C-ulf Harbor Road) to thc entire subdivision. The lots within the subdivision m-e generally pl~ted aI widzhs which range from ~0 to 69 feet and clepth~ from 108 to 115 feet for total lot areas raaging f~m 5,400 ~lUa~ feet to 7,900 ~uare feet. All of the lot~ a~ platted, with the ~xception ofth~ subject propet~, are non-conforming to th~ underlying zon~g district (RMF-6). They a~ le~ than the mh~um lot width requirem~ of 100 feet and moat ar~ le~ than the ~ minim~ lot area of 7,260 W'~hfl~excepfonofthembj~ct site, nomofthelo~ ~tinth~OuffHada~ lfhil::h afc t_... ...... uwuun~ roms on io(:s AUG ~.6 1997 ' the subject site es single family dwelling units under thc present zoning would require lots et least double thc width of thc existing devclol~f and platted lots within the subdivision. Also, the RMF-6 zoning district allows the development ofduplexes and multi-family residential dwelling units. Development of this nature would be out of character with the neighborhood which is already significantly developed with single family dwelling units on a minimum of $0 foot wide lots. Rczoning to RSF-6 will allow the properties to be developed consistent with the type of land usc on dimensions and area to the surrounding neighborhood, lots of comparable PROS/CONS: The requested rezoning does not propose to create a district in which the proposed uses are not presently allowed under the current zoning district. The requested rezoning will simply permit the desired uses to be developed on lots of comparable dimensions to and will insure comparability with the surrounding residential neighborhood. Granting the requested rezoning will permit the developer to develop the property at the same standards es other property owners within the same subdiv/sion and will not constitute a special privilege to the developer. Failing to approve the requested rezoning could physically result in a change since the majority of the neighborhood is already developed with single family residential dwelling units on lots non-conforming in width and/or ama to the RMV-6 zoning district. While rezoning thc subject property to RSF-6 will not create non-conforming building lots, allowing the parcel to remain es zoned will effectively allow the only conforming parcel to remain and be developed for multiple fatally uses in a neighborhood where the majority of development consists of single fangly residential dwelling units on non- conforming lots. Although the applicant's desired use ofthe property could remain the same under either zoning district, a rezoning to RSF.6 will allow the subject site to be developed, conforming with the underlying zoning district, consistent with the dimensions of the plet~ed lots in the surrounding neighborhood, and consistent with the uses within the same neighborhood. FISCAL IMPACT: This r~zoning by and ofitsclfwill have no risc. al impact on the County. However, ifthis rezoning is approvcd, thc land will moro than likely be developed. New development will result in a future fiscal impact on County public facili~es. The County collects impact fe~s prior to thc issuance of building permits to help off-set the impact ofeach new development on public facilities. The~ impact fees ~u~ u~d to fund projects in he ~,c;"~l~.bgg,'~].,3 Ca~ital Improvement Element needed to maintain adopted level~ of service for i: ~blic ~e' ~ AUG 2 6 199 facilitics. In thc event that impact fcc collections are inadequate to maintain adopted levels of service, the County must providc supplcmcntal funds from othcr revcnuc GROWTH MANAGEMENT IMPACT: The subject site is located within the u~oan mixed use residential land usc designation on the Futm-e Land Use Map of the Growth Management Plan. Thc property is presently zoncd RlViF~ for residcnfiel usc end is undcvclopcd. A review of consistency relationships with clements of the GMP is as follows: Future Land Use Element - This petition proposes a rczoning in ordcr to allow single family residential dwelling units to be developed consistent with the dimensional criteria ofthe RSF-6 zoning district requirements. The subject site is located within the Urban D~i~ ~ within the Urban Residential Mixed Use classification, as identified on the Future Land Usc Map. Thc requested amendment is simply a change in zoning within the ovcrall Residential zonin~ classification. Thc site's current zoning (RMF-6) and the requested zoning (RSF-6) arc consistent with the criteria sctfonh in the Future Land Use Element of'the Growth Managcment Plan. T.I~~ Rczoning thc subject site from RMF-6 to RSF-6 will not have a significant impact on traffic within the neighbodsood or on thc surrounding roadway network. No additional r~idential dwelling units will come about as a rcsult of this rczoning action. In fact, a rezoning action to RSF-6 will decrease the number of dwelling units (from five to four ifthe site is developed es planned), and therefore will reduce the tza_+'fic impacts associated with dcvclopmcnt of the site. _Open S.n~e Elem~,~ - The open space provided by the proposed c~nal extension (.24 acres) and the open space that each individual development pm~! setx ~ as a function of complying with setbacks, water management and design fcatures exceeds th/try (30) with the ope~ spacc elcment. Other _A~_ licnble Element(s) - These include utilities and watcr management. Development ofthe land will procced on the basis of conncction m tim County's water County standards, they will be dcccked to thc ColUcr County Watcr-Scwcr District as AUG :Z $ '1997 HISTORIC/ARCHAEOLOGICAL IMPACT: PLANNING COMMISSION RECOMMENDATION: At the August 7, 1997 mec-ning ofthe Collier Cotmty Planning Commission, the Commission voted unanimously to recommend approval of Petition R-97-4 to the Board of Courtly PREPARED BY: §OSAN~¥ ~' , PRINCIPAL PLANNER DATE REVIEWED BY: ROBERT $. MULHER~ AICP CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR vn~c~ ~. CAUT~O, AD~(S~T6~ COMMUNITY DEV. AND ENVlRO'~/ENTAL SVCS. / AUG ~ 6 1997' P'~. ,, ~ 1 3 s ? 10 13 14 ORDINANCE NO. 97- AN ORDINANCE AHENDING ORDINANCE NUI~BER 91-102, THE COLLIER COUNTY LAND DEVELOPHENT CODE WHICH ESTABLISHED THE COI~PREHENSZVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS HAP NUMBER 8516S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE INTERSECTION or pAN AN AVENUE AND GRAND CANAL DRIVE IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RMF-6 TO RSr-6, PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONSI ANO BY PROVIDING AN EFFECTIVE DATE. 21 WHEREAS, Hark Raudenbush of Idyll Homes, Inc., petitioned 22 the Board of County Commiss£oners to change the zoning 21 classification of :he herein described real property; 24 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 25 C~MMISSIONERS OF COLLIER CC~JNTY, FLORIDA: 21 SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit 'A', attached hereto and incorporated by reference herein, and located in Section 16, Township 48 South, Range 25 East, Collier County, Florida° is changed from RRF-6 to RSF-6 and the Official Zoning Atlas Hap Nu~er 8516S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby a~ended accordingly. The herein described real property Is the sa~e for which the rezone is hereby approved sub~ect to the following conditions: 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all develoixaent within the ~/nimum area necessary to protect the discovery shall be lmmdiately stopped and the Collier County Code Enforcement Depatta~ent contacted. 2. Pez~tts or letters of exemption from the O.S. Arey Corps of Engineers (ACOE) and the South Florida Water Management District (SEI~ID) shall be presented prior to :ina1 plat/construction plan approval. 3. A,q appropriate portion of native vegetation shall be AUG 2 6 retained on site aa required in Section of the Collier County Land Development Code {CCLDC). These areas shall be de#lgnated on the flnal plat/ 4 construction plans as separate tracts or easel~nts $ for native vegetation retention PUrSuant to Section 3.9.5.5.4. of the CCLDC. I 4. An exotic vegetation re--oval, ~onitoring and ! maintenance (exotic f~ee) plan for the eite, with ~0 emphasis on aress of retained native vegetation, ~ shall be submitted to Current Planning environm~ntal 12 staff for revi~ and approval prior to final plat/ construction plan approval. lS SECTION TI40: 1~ This Ordinance shall become effective upon filing with the ~? Department o~ State. 1l PASSED AND OUL¥ ADOPTED by the Board of County l~ Convnissloners of Collier County, FlOrida, this day of 20 - _ 22 23 ~4 2; 21 29 30 32 2~ 40 41 42 44 45 ATTEST: D~IGHT £. BROCK, Clerk BOARD 0£ COUNTY CCX~ISSIONERS COLLIER COiD~T¥, FLORIDA BY: TIMOTHY L. HAHCOCK, Chairman Approved as to Form and Legal Sufficiency: Nar~61:le H. Assistant County Attorney AUG 2 6 1997 PI". ~ Exhibit "A' Property De~cr/pflon: Gulf Harbor Subdivision, Lot 1, as recorded in Plat Book 4, Page 31 of/he Public Records of Collier County, Flor/da. AUG ~ 6 1997 :_~.. 7 AGENDA ?-A TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION JULY 21, 1997 PETITION NO: R-97-4, MARK RAUDENBUSH "RMI:-6" TO "RSF-6" O~ER/AGENT: Agent: Mr. Alfred Morrocco Mr. Mark Raudenbush Idyll Homes, Inc. 1290 Rainbow Court Naples, FL 34110 REOt~-~T~D This petition seeks to rezone the subject property fi'om "RMF-6" Residential Multi- family, six (6) dwelling units per acre to "RSF-6' Residential Single family, six (6) dwelling units per acre. GEOGRAPHIC LOCATIO/~_ The subject site is located nt the intersection of Pan Am Avenue and Grand Canal Drive and can be fin'ther described as Lot 1, Gulf Harbor, in Section 16, Township 48 South, Range 25 ~ (see locstion msp following page). PLrRPOSE/DESCRIPTION OF PRO.FECTl The ~plicant is the contract purc~ of the ~ and wishes to ex~end the end oran existing seventy C/0) foot wide ~ south of the subject property, north through tl~ subject site. The applicant would like to subdivide th~ property into four (4), waterfront building lots comparable in ar~a to s'u~o~ developed properties, in order to bm'Id four (4) single flintily r~i&mtial dwelling units. Th~ applicant wants to develop this property on lots which are of comparable dimensions, area and u~ to the sun'ounding single flintily residential properties The cummt zonin- -'-~' ..... · ------~'~ "Jura OX I~R~ 1! n 1~]10H dimensional criteria ofthe RMF-6 zoning district, and were platted and devel, ~ 6 1997 1 _~_~ I---t :1 t r 1 - ~..__1 tl No. AUG g 0 PI- single family residential dwelling units on lots 50 +/- feet wide. Granting the requested rezoning will allow the pet/tioner to develop and market single family waterfront dwelling units on lots which are both dimensionally comparable and of a comparable land use to the surrounding neighbo~ood. SURROUNDING LAND USE AND ZONINGi Existing: The subject site is currently vacant. The property is zoned RMF-6, Residential Multi-family at a maximum ofsix (6) dwelling units per acre. Surrounding: North: Zoned PUD, developed with multi-family condominimns. South: Zoned RMF-6, developed with single family residential structures. East: Zoned Commun/ty Facilities - Vacant. West: Zoned RMF-6, developed with single family residential structures. The site is located within the Urban Mixed Use Residential designated area on the Futuze Land Use Map. Any of the residential zoning districts are consistent with the Urban Residential designation. The RSF-6 zoning district is based on a density of six (6) dwelling units per acre. This is the same density which is presently permitted by the RMF-6 zoning district. The petitioner does not wish to rezone to increase density, rather, the effect of this rezoning, if the site is developed as shown on the site plan submitted, will be to develop the site with four (4) single family dwelling units. HISTORICIARCHAEOLOGICAL IMPA C-F~.. Staff's analysis indicates that the petitioner's property is located within an area of h/storic./archaeological probability as designated on the official Collier County Probability Map. Therefore, an historic/archaeological survey and ~ent conducted by a Certified Archaeologist is required to be submitted to the Planning Servicea Department for review and recommendations prior to the Collier County Planning Commission public hearing. The resulting recommendations and fmding~ shall be presented to the CC'PC and BCC for incorporation into the local development order. The Historic Preservation Board shall also be provided an opportunity to review the survey and assessment ~o they may present their recommendations. AUG 6 1997' Thc subject petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas ofcrit/cal concern. This primarily includes --,-- o~,.,~:s u~v~s~on staff. This petition was administratively r~ewed on behalf of the EAB and staffrecommended approval with conditions as presented in the attached ordinance for adopt/on. Appropriate cvaluat/on of petitions for re'zoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staffshould typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a re'zoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of ~sma~st~°. _rt_a_ti.o.,n i .n~. tructu~..e, o. th.er m _f_f_f_f~tructure, and COmpatibility with ad'acent land y dealt W~th as a facet of analyzing the relationship oftbe rezoning action to the long range plan for future land uses. Staffcompleted a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating · m a staffrecommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiring staffevaluation and COmment, and form the basis for a recommendation ofapproval or denial hv .-_ approved and/or otherwise m,.~;n,..s ~. .... -- -., the Planning Commission o,~,-,- potential imnacts ~, .... _..,_-._._.-~,. ,,~ .uy me t~oard ofCotmtv Co,~,~;o,~ .... "~ ..... ~-uLzc~I OUf*U~ the S g taft ...... criterion noted and arc categorized as either pro or con or not applicable, whichever thc case may be, in the opinion of staff. Staffrevicw of each of the criterion is followed by a summ.ary conc. lus~o.n, cu .l~tmg m a determinatio- o£com li - comphance w~th m~t~gat~on Th ........ " p ance, non-comnlin~,-,, · ~ ~valuauons are com,~ ,,~,-,~ ....... ,- -....., or are attached to the staffre~rt, ri .... ,~, a~arate oocuments and Notwithstanding the above, staff in reviewing the detc,~ants for adequate fmding~ to support a rezoning action advise as follows: ~ Future and Exi~ing ! ' A ' applies spec~lv to r~^, .... ~,~ discussion of this relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action establishing an RSF-6 zoning district is both consistent with the basic land usc designation and density rating system ofthc Future Land Use Element to the Growth Management Plan. .~~-The GulfHarhor subdivision is geographically separated from surrounding neighborhoods. The subdivision is comprised of platted lots which fi'ont on local streets which lie in a modified grid pattern. There is one point ofingress/egress (Pan Am Avenue) to the entir~ subdivision. Pan Am Avenue intersects with GulfHazbor Road, approximately one (1) mile bom its intersection with Wiggins Pass Road. The lots within the subdivision are generally platted at widths which range from 50 to 69 feet and depths from 108 to 115 feet for a total lot area ranging from 5,400 squa~ feet to 7,900 square feet. All of the lots, as platted, with thc exception ofthe subject property, are non- conforming to the underlying zoning district (RMF-6) in that they are less than the minimum lot width requirement of I00 feet and most are less than the required minimum lot area of 7,260 squa~ feet. Of the 164 platted lots in thc subdivision, approximately 90 are waterfront lots bonting on man-made finger canals offthe Cocohatchee River. The subject site is the lazgest platted lot in the subdivision. It is approximately .85 acres in area, with 220 feet of frontage on Grand Canal Drive and 169 feet of frontage on Pan-Am Avenue. Although the neighborhood's current zoning designation of RMF-6 implies that development in the neighborhood could be multiple family, this is not the case; approximately 98 percent ofthe developed lots in the neighborhood are developed with single family residential dwelling units. The subject propo'ty is the only lot in the subdivision which conforms with the dimensional requirements of the RMF-6 zoning district. Development of the subject site would require a minimum lot width of 100 feet. Given this requirement, coupled with the property's depth, development of the subject site as single family dwelling units would require lots at least double the width of the existing developed and platted lots. Also, the RMF-6 zoning district allows the development of duplexes and two-family residential dwelling units. Development of this nature would be out of character with the n~ighborhood which is already significantly developed with single family dwelling units on a mlnlrrltlm orS0 foot wide lots. R~oning to RSF-6 will allow the properties to be developed consistent with the type of land use on lots of comparable dimensior~ and area to the surrounding neighborhood. ~ The requested rezoning is timely in its application. The surrounding neighborhood is approximately ~5 percent developed and water and sewer service are available to serve the site. ~ Rezoning the subject site fi'om R.MF~ to RSF-6 will not have a significant additional residential dwelling units will come about as a result of this rezotfi, AUG g 0 1997 fact, a rezoning action to RSF-6 will decrease the number of dwelling units (from five to four if the site is developed as planned), and therefore will reduce the traffic impacts associated with development of the site. ~ County water and sewer service are available to serve the site. No additional dwelling units will come about as a result of this zoning action. ~ An action to rezone thc subject property to RSF-6 is consistent with all applicable elements ofthe Growth Management Plan. Traditional planning theory fia'ther Comprehensive Plan should be based upon a finding of general compatibility with zoned or developed consistent land uses. An action to rezone the subject property is deemed compatible with nearby residentially developed properties. Similarly, zoning actions should be timed to the availability ofinfi-astmcture and community facilities and services based on the theory that to do otherwise fails to maximize public investments and encourages urban sprawl. This petition, if approved, is timely as measured against this criteria. STAFF RECOMMENDATIOI~ Staff recommends that thc Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition R-974, an action that will result in rezoning the subject property as herein described from "RMFdi' Residential Multi-family to "RSF-6" Residential Single Family pm'suant to the draft Ordinance of Adoption attached hereto and the following conditions: 1. All applicable recommendatio~ and findings of thc required historic/archaeological survey and assessment conducted by a Certified Archaeologist submitted to the Planning Services Depa~hi~ent for review and recommendations prior to the Collier County Planning Commission public hearing, along with the recomrncndations ofthe Historic Prcscrvation Board, shall be incorporated into the resolution of adoption prior to adoption by the Board of County Commissioners. 2. The petitioner shall comply with the guidelincs and recommcndations ofthe U.S. Fish and Wildlife Service (USFWS) and Florida Gamc and Frcsh Water Fish Commission (FGFWFC) rega~ling potential impacts to protected wildlife species. Where protected species az~ observed on site, a Habitat Management Plan for thor~ protected species shall be ~ubmitted to Current Planning Environmental Staff for r~view and approval prior to final plat/construction plan approval. AUG 2, $1991 PREPARED BY: SIP~AN MURRAY PK1NClPAL PLANNEK ' REVIEWED BY: CURRENT PLANNING MANAGER DONAL~ W. ARNOLD, AICP -"- - ~'~~ snv~cr~s D~~ D~CTO~ ' ' ' , ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number:. S~fReport for CCPC Meeting DATE NOTE: This Petition haz been tentatively adverti~xl for the Augu~ 7, 1997 BCC Meeting G~MMISSION: AUG 2 $19g'/ REZONE FINDINGS FOR PETITION R-97-4 Sect/on 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation lo the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Evaluation not applicable. Snmmary Findin_l,s- The proposed development is in compliance with the Future Land Use Element of the Grovah Management Plan for Collier County and all other elements, their objectives and policies. 2. The existing land use pattern. Existing: Evaluation not applicable. The property is presently vacant and has an R.K~-6 zoning designation. Surrounding: To thc ~ and west ortho subject property ar~ subdivided properties in the Gulf Harbor Subdivision which ar~ developed with single family residential dwelling units. The subdivided lots are platted at widths ranging from 50 feet to 69 feet. To the I:a~L lies a vacant tract of land 13.77 acres in size. To the hill:ill lies a multiple family residential PUD development consisting ofcondom/niums developed at a density of 4.9 dwelling units pez acr~. The possible creation of au holated district unFelated to adjacent and nearby Prol The requested rezoning does not propose to creale a district in which the proposed uses are not presently allowed under the cun~t zoning district. The requested rezoning will simply p,:i'mit the desired uses to be develo ~xl on lots of compaxable dimeaasions to the surrounding residenti&l neighborho, d. 7 AUG 2 $1997 e Summary_ FlndingskThe Collier County Land Development Code classifies residential land uses as those land uses classified under the general heading of RMV, RSF, VR, RT, MH and residential components of PUD's. The requested rezoning will create a district which will allow residential development to occur in a manner which is more compatible to adjacent existing land uses and uses allowed by the adjacent zoning district. The rezoning to RSF-6 will limit the development of the subject site to single family which is comparable to what is presently developed within the neighborhood. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Evaluation not applicable. Summary_ Findings. The district boundaries are logically drawn and they are consistent with the GMP. The rezoning action does not change the fact that development is for residential purposes which is consistent with the urban residential land use designation. Whether changed or changing conditions make the passage of the proposed amendment necessary. Evaluation not applicable. e Summary_ Flndin_ps~ The proposed zoning change is appropriate based on the existing conditions of the p.roperty and because its relationship to the FLUE (Future Land Use Element of the GMP) remains consistent. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The rezoning action will not physically result in a change. Not taking action could physically result in a change. Summary_ Findings_. The proposed change will not adversely influence living conditions/n the area because thc action will allow the developer to essentially re- create what already exists in the neighborhood. Failing to aggrove the requested rezoning could physically r~'ult in a change since the majority of the neighborhood is already developed with single family residential dwelling units on lots non-conforming in width and/or area to the RMF-6 zoning district. While re'zoning the subject property to RSF-6 will not create non-conforming buildin~ ..:- .__..__ lots, allowing the parcel to remain as zoned will eff~ctiv-'-- · . ~y aisow IIIC on/v No. conforming parcel to remain and be developed for multiple family uses 8 t~....f~ neighborhood where the majority of development consists of single family residential dwelling units on non-conforming lots. Although the applicant's desired use of the property could remain the same under either zoning district, a rezoning to RSF-6 will allow the subject site to be developed, conforming with the underlying zoning district, consistent with the dimensions of the platted lots in the surrounding neighborhood, and consistent with the uses within the same neighborhood. Whether the proposed change will creste or excessively increase traffic congestion or crette types of traffic lncompatfble with surrounding hmd uses, bectuse of perk volumes or projected types ofvehfcular traffic, fncludfng activity during constructfon phases of the development, or otherwise affect publfc sa£cty. Pro; No local subdivision street will be affected. The requested rezoning and subsequent development proposes to reduce the number of dwelling units from what is presently allowed under the existing zoning scenario, by one (I) dwelling unit. None. Summary_ Flndlngs~_ Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element ofthe GMP and was found consistent, a statement advising that this project when developed will not excessively increa.se traffic congestion. Pro.-_ Whether the proposed chtnge will crette a drainage problem; (i) Development of the property is subject to established stormwater management controls that provide for the normal stormwater management condition. (i) Development of vacant land heightots the opportunity for flooding conditions particularly in the event the County's system is unable to deal with a typical rainfall event. Snmmnry Fledin_~I Every project approved in Collier Coumy involving the util;~tioa of land for some land use activity is scrutinized and required to mitigate aH surface drainage gene~__L, vJ by developmental activities as a condition ofspprovaL This project was reviewed for drainage relationships and design and conm'ucfion plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be flu,her exacerbat_-,d by developing vacant land, the County is requ~ md.m.rea~ ........ through its Co~ Management Sym:m. AUG 2 ,.,. /? e Winether the proposed change will seriously reduce light and air to adjacent areas: Evaluation not applicable. Summary_ Flndin_~. All projects in Collier County arc subject to thc development stan~ that are unique to the zorRng district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requh'cmcnt, corridor martageznent provisions, crc.) were designed to ensure that light penetration and circulation of air does not adversely afl'ect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area: Evaluation not applicable. Snmmnry_ Findin_~sg This is a ~ubjecfivc dct~,~zation based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by' itselfmay or may not affect values, since value dct~,,~tination by law is di'iven by ma.,ket value. The mere fact that a property is given a new zoning designation may or may not alTect value. 11. Whether the proposed change will be a deterrent to the improvement or development of.adJacent property in accordance with existing regulations; Evaluation not applicablc. Summary_ lrindln~. The basic ~ Iznderlying all ofthe development standards in thc zoning division ofthe Land Development Code is that their sound application when combined with the administrative site development plan zpproval proce~, gives reason~le assurance that a chnnge in zoning will not result in a dcten-ence to improvement or development of adjacent property. The change will not necessary resuJt in a change of usc ofthe property, rather it will allow the property to be developed with uses at lot dimension~ which arc already cormnon to the surrounding, developed neighbothoocL 10 AUG 2 $1997' 12. 13. 14. Whether the proposed change will constitute a grant of special privilege to un Individual owner as contrasting with the public welfarr, Pro: Granting thc requested rezoning will pcrmit thc developer to develop thc property at thc same standards as other property owners within the same subdivision. Summary_ Findings: Thc Lend Development Code permits non- conforming lots in thc R1Vff:-6 zoning district to be developed to thc RSF..6 development standards. Thc-re arc approximately ttfifly (30) undeveloped, non-conforming lots in the subdivision, which under the current code will be permitted to develop consistent with the dimensional criteria of thc RSF-6 zoning district. A rczoning to RSF-6 will allow the developer the opportunity to develop the site to thc same standards as other property owners within the same neighborhood. Thc proposed development complies with the Growth Management Plan, a public policy statcment suppofling zoning actions when they ere consistent with said Comprehensive Plan. In light of this fact thc proposed change docs not constitute a grant of special privilege. Consistency with the Future Land Use Element is further determined to be a public wcl£ere relationship because actions consistent with thc plan arc in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Evaluation not applicable. Summary_ Finding: Thc subject property can be devcloped in ~cordance with the existing zoning, however to do so would deny this petitioner of the opportun/ty to max/mize the development potent/al of the site as made possible by its consistency relationship with the Futu~ Land Use Element of the Comprehensive Plan. Whether the change requested is out of scale with the needs of the neighborhood or the County;, Pro/eoa.. Evaluation not applicable. GroMh Management Plan, a policy stat~mmt which has evaha~ scale, density and intensity of land uses d__eemcd to be ~ccpt~l~ Summary_ Flndin_v'~.* The proposed devciopment complies with the ~ the AUG 2 6 1991 11 15. 16. 17. Whether it is Impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Evaluation not applicable. Snmmsry Flndinp_s: There arc many sites which ~ zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a re'zoning decision. The det,.'rminants of zoning are consistency with all clements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Evaluation not applicable. Summnry l;'indina_~ The normal disruption of property attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activity will be required to prepare the site. The applicant proposes to extend the end of an existing canal, south of tlie subject site, through the subject site, to create waterfront lots. The applicant will be required to obtain required local, state and federal pcrrnits before taking this action. The impact of development on the availability of adequate public facilities and services conststent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Evaluation not applicable. Summary_ Flndfn~i Public facilities arc available, and their Level of Service is commensurate with Adequate Public Facilities standards. 12 AUG 2 0 1997 ~ COUNTY FLORIDA R~UF. ST FOR lEGAL ADVERTISING OF I~BLIC HEAR~GS ~r~ · rcrf~ Rink MuBcr Dam hay 28, 1997 irmlumed Hmin~ dam (Based oa advcfliscmm tppminf 10 days bcfo~ bearing ~s) ~ ~ ~ (~ ~ ~ ~t): ~ T~ ~b_~ ~ ~ & ~ I~ & S~: P~ON AV 97~14, D~ DE~ AS AG~ O~ ~~ D~~ ~~ON, ~Q~G VA~ON OF ~ ~ ~~E D~AGE ~ ~~ ~ A ~R~ON OF ~ ~T OF AU~A F~ ~ ~~ ~ ~T 27, PAG~ $1 ~ 5~ ~~ OF ~ ~C ~~ OF ~LL~ ~, ~~ ~fi~F~~~~Xy~ 0 No ~Y~t~~~f~~ 101-1~1~3291~ DISTRIBIfTION INSTRUCTION~ ~m' mm~. u ammm~ la Cmmty A~ormT I~ort ndmdffiq ~ County Managtr. Tb Manafer.s office will ~-- x Ofishd FOR CLK:PJC'S OlqqCZ ~g ONLY: EXE~ SUMMARY PETITION AV 97-014, DANIEL DECESARE, AS AGENT FOR OWNE~ VINEYARDS DEVELOPMENT CORPORATION, REQUESTING VACATION OF TRACI' "C" (LANDSCAPE AND DRAINAGE EASEMEKI') LOCATED ON A PORTION OF THE PLAT OF AUGUSTA FALLS AS RECORDED IN PLAT BOOK 27, PAGES 51 AND 52, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. O.~: To appwve the Resolution for the vacation to allow developer the ability to build thc drainagc eascmenL CONSIDKRATIONS: A petition was received by thc Transportation Department from Dan DeCesare, as agent for owner, Vineyards Development Corporation, requesting vacation of Tract "C" (landscape and drainage easement). The easements were created by dedication on the plat of Augusta Falls. The easements are dedicated to Vineyards Community Association, Inc. with mainm~nce responsibilities and Coil/er County with no responsibil/ty for maintenance. The petitioner is offering a 15-foot replacement easement near thc southerly boundary of Tract "C". Letters of No Objection have been received from Collier County Stormwater Management, Planning Services, Engineering Plan Review Services, Augusta Falls Homeowner's Association and the Vineyards Community Association, Inc. The Transportation Department has reviewed the petition and has no objection. Zoning is PUD. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENT)ATION: That thc Board of County Commissioners approve the Resolution for Petition AV 97-014 for thc vacation of the above-described e~$ements and approvc and acct.-pt thc replacement easement, authorize the execution of the Resolution for same by its Chain'nan, and direct the Clerk to record a certified copy ofthe Resolution aad make appropriate marginal notes on the plats. KM~072397/F~ AV 97.4}!4.dm: / U6 Z 1997 RESOLUTION NO. 97- $ RESOLUTION FOR PETITION AV 97-014 TO VACATE 4 TRACT "C" (LANDSCAPE AND DRAINAGE EASEMENT) S LOCATED ON A PORTION OF THE PLAT OF AUGUSTA S FALLS AS RECORDED IN PLAT BOOK 27. PAGES $1 AND 7 ~2, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER s COUNTY, FLORIDA. 10 WHEREAS, pursuam ~o Section 177.101, ~ S~tute~, Dss~el DeCesa~ as a~nt 12 (land~apu and ,~.aina~e easemen0 located on a po~on of Ihe plat of Au~mta Falls as ~ in 13 Plat Book 27. ~ 51 and 52, Jm:lmive, or,he Publk ~ of Colfie~ C. om~'. Florida; and 14 ~H'EREAS. Ihe Boa~ has this day held a public hearing lo eomider vacating a IS purt~on of said plat as mo~ fully descn'hed below, and notice of said public hea~ng lo vacate was :6 ~iven -, required by ~ and I? WHEREAS, the ~raming of :he vacation will not adversely afrec~ :he ownerahip o~ 18 right of convenient acce~ of tuber property owners. 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~ 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihat the following he and is hereby 21 vacated: 22 Se~ Exhibit "A" a~ached to and inco~orated herein 23 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY 24 COMMISSION'ERS OF COLLIER COUNTY. FLORIDA, that the drainage easement, more 2s par~kulady deco'ri'bed in Exhibit "B" attached her~o and incorporated her~n, is hereby accepted 26 as the replacement easement for :he drainage easement vacated her~upun. 27 BE IT FURTHER RESOLVED. that the Clerk is hereby directed to record a certified 28 copy of Ihls Resolution in the Public Records of Collle~ County. Florld~ and to make ~c~-r 29 nola:ion$ of this vacation on said plat. ~0 This Resolution adopted after mo~ion, second and majority vote favoring same. 31 DATED: 32 ATI'EST' BOARD OF COUNTY COMMISSIONERS ~3 DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA 34 ~s By:. 36 37 3~ 4O 41 42 43 44 45 46 4~ T~MOTHY L HA~COCK, Chairman R MAnl,~J2~J~ AV COA. 'AL ENGINEERING CONSULTANTS INC Sur~ AUGUSTA F~L~ TRAC'r 'C* (LAND~ AND DRAINAGE EASEMEN~ DESCRIPTION OF LANDS TO BE VACATED Tract *C" of Augusta Falls, as recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Collier County, Florida. Subject ~o easements, restricfio~ and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLO ~_ .A BUSINESS AU'ITIO~ON NO. LB 2464 Richard J. Ewing,' V.P. Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CFC FILE NO. 96.065 DATE SIONED: .C-Z-7 -~? / I AU6261~57 3106 S. I. IORSESHC~ DRIVE. NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143 ~ o~ 0 A~O 2 I~ lS97 EASEMENT THIS EASEMENT, made and entered into this ~ day of :]'t~ J--/ , 1997, by Vineyards Development Corporation, a Florida corporation, whose/mailing address is 98 Vineyards Boulevard, Naples, Flodda 34119, its successors and assigns, as Grantor, to COLLIER COUNTY. a political subdivision of the State of Flodda, whose mailing address is 3301 Tamiami Trail East. Naples, Flodda 34112, its successors and assigns, as Gr'antee. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for drainage purposes on the following descn'bed land located in Collier County, Florida. to wit: See attached F. xh~it "A" which Is incorporated herein by reference. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land to place, excavate and take materials for the purpose of constructing, operating and maintaining drainage thereon. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. W~ess t°.trd;.~/ ,~. S-~l.',,s k~' VINEYARDS DEVELOPMENT CORPORATION Michel S~aadeh President & CEO County of Collier } State of Florida } The fo~re~oing instrument was acknowledged before me on the ~ '/~ day of ."T-,~/,,/ .1997. by Michel Saadeh, President & CEO, of vineyards Dev-elopr~nt Corporation, a Florida Corporation, who is personally known to me. ,,'.',,','~,~'.;m*,, ~,:~",~ ". · ,~:';~""~ ";'~'~e. Public ~ COASTAL 'ENGINEERING CONSULTANTS INC C~,d Eng~e~ng ~e~ Es~afe A~T~G~ I ! AUGUSTA FALIS PROPOSED 15' WIDE DRAINAGE EASEMENT DESCRIFIION A fifteen (15) foot strip of land lying in that part of Tract 'C' of Augusta F_=!!_% a subd/vis/on recorded in Plat Book 27, Pagea 51 and 52 of the Public Records of Collier County, Flor/da being described as follows: Cornmen_~ng at the southeast comer of sa/d Tract "C' nm S66~5'$3'W along the southerly line of said Tract "C" and the northerly r/iht-of-way I/ne of Axbor Boulevard for 100.16 feet to the POINT OF BEGINNING; thence conthue along said line S66°35'53"W 41.76 feet; thence leaving sa/d line S87°38'57'W 132.23 feet to the westerly line of said Tract thence along said line N23°24'0T'W 16.07 feet; thence N87°38'57~ 17021 feet to the POINT OF BEGINNING. The above descn'bes an area of approximately 2,319 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLO BUSINESS AUTHO~ITATION NO. LB 2464 Richard J. Ewing, ~. Professio~ Surveyor and Mapper Flor/da Cert/ficaIe No. 5295 NOT VALID WITHOUT 7HE SIGNATURE AND TIiE ORIGINAL RAISED SEAL OF A FLORIDA CFC FILE NO. 96.O65 DATE SIGNED.- EASEMENT THIS EASEMENT, made and entered into this ~ day of ~]'~/,-/' 1997, by Vineyards Development Corporation, a Flodda corporaUon, whose/mailing address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and assigr~, as Grantor, to COLLIER COUNTY, a political subdMsion of the State of Florida, whose ma~ng addresa is 3301 Tamiaml Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. W1TNESSETH: Grantor, for and in consideration of TEN DOLLARS (.I;10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-excJusive easement for drainage purposes on the. following described land located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the r~ght Io enter upon said land to place, excavate and take mate~mls for the purpose of constructing, operating and maintaining drainage thereon. IN WITNESS WHEREOF, the ~artles have executed this Agreement on Itm date first written above. ViNEYARDS DEVELOPM EI'/'r CORPORATION President & CEO County of Co~er } State of Ro~a } "COASTAL ENGiNEERiNG CONSULTANTS INC AUGUSTA FALLS PROPOSED 1P WIDE DRAINAGE EAS~NT DF~CRIPTION A fifteen (15) foot strip of land lying in that part of Tract 'C" of Augusta Fails, a subd/v/don recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Coil/er County, Florida being descried as follows: Commencing at the southeast comer of said Tract "C~ run S66~35'53~V along the southerly line of said Tract "C~ and the northerly fight-of-way line of A.rbor Boulevard for 100.16 feet to the POINT OF BEGINNING; thence continue along said line S66~35'53%V 41.76 feet; thence leaving said Line S87°38'57%V 132.23 feet to the westerly line of raid Tract thence along said line N23°24'07~W 16.07 feet; thence NS'P38'57'E 170.21 feet to the POINT OF BEGINNING. The above descn'bes an area of approximately 2,319 square feet of land. Subject to easements, restrictioas and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLO~_~UTHO.I~ZATION NO. LB 2464 Richard J. Professional Surveyor and Mapper Florida C~ficate No. 5295 NOT VA.EID wrrHouT THE SIGNATURE AND THE ORIGINAL RAISer) SF-~L OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC ~ NO. 96.065 DATE SIGNED: .r'-z3'. ~,~ $10~ S. HOK~SESHOE D(t~/E · ~APt. E$. FLOF~D^ 3.4104 · (~41) 6~3-~3~4 · FAX ~41) ROBERT F. ROGERS Attom~' At L~w 98 Vineyzzds Boulev~d Naples, Florida 34119 (941) 353-1973 FAX (941) 455-5057 July 2, 1997 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Re: Easement Dedication Ladies/Gentlemen: This opinion is only for the sole and exclusive use of the above addressee. I have examined record title for the property identified on attached Exhibit A and the property is presently owned by Vineyards Development Corporation and First Union National Bank f/k/a Fidelity Bank, National Association has a secured interest in the property. All of First Union National Bank's (f/k/a Fidelity Bank, N.A.) secured interest have been subordinated to the interst of Collier County described on the Subordination attached as Exhibit B. RFR:;d enclosures robert~evelop\vdc~opinion.let Sincerely, ~o:bert F. Rogers AUG Z t~ i.~97 t.. .~._11 _ I coASTAL ENGINEERING CONSULTANTS INC EXHIBIT A AUGUSTA FA I.I_$ PROPOSED 1~ WIDE DRAINAGE EASEMF2~ DESCRIPTION A fifteen (15) foot strip of land lyin~ in that part of Tract 'C' of Au/~tsta F~II% a subdiv/don recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Collier County, Flor/da being desau'bed a~ follows: Commencing at the southeast comer of sa/d Tract 'C' nm S66~35'53"W a.long the southerly line of sa/d Tract "C' and the northerly dght-of-way line of A. rbor Boulevard for 100.16 feet to the POINT OF BEGI2q'N~G; thence continue along said I/ne S66°35'53"W 41.76 feet; thence leaving said line S87~8'57"W 132.23 feet to the westerly I/ne of sam Tract 'C'; thence a. long sa/d Line N23"24'07"W 16.07 feet; thence N8'F38'57'~ 170.21 feet to the POINT OF BEGINNING. The above describes an area of approximately 2,319 square feet of land. Subject to ea~ements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. P, Jchard J. EwLug. Profe.~/on~ Surveyor and Mapper Florida Certificate No. 5295 NOT VA! ;D WI'I'HOUT THE SIGNATURE AND q'}{E ORIGINAL RAISED SFAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 96.065 DATE SIGNED: .r-z3'. I'f,...~ 3106 S. HOI"~SESHOE DRIVE · NAPLES, FLORIDA 34104 · (941)643-2324 · FAX (941)643:1143 '~ 'EY~IBIT A' AtJ~; Z o' IS97 $ UBOP. DINATION THIS SUBORDINATION gNen this .~w, day of ,Ju ~ (,. ,1997, by First Union National Bank f,q,Je F~:lelity Bank, National AS,~xaat~on, {'l:tamc), ~n favor al' COLLIER COUNTY, A POLITICAL 8UaDIVISION OF THE STATE OF FLORIDA, its =ucc:aim and assigns, who~e mailing address Is~ .3301 Tmrdami Trial F~.st. I~, Florida 34112 ('Collier County'). WITNESSETH WHERFAR, Bank is tt~a owner and holder of the sec~xed instnJ'nent$ li~ted on Exhibit A which is hereby ir,=oq:x~ated by reference (collecti,~ly. ~ "Mortgages'} encumbeflng the promises h~gafly described therein (the "Erx:txnber~l Prope~y"); and WHEREAS, Collier Count7' has requested and received Eom the fee simple (zwner of the Encumbered Property a cor~eyance of an easement for drainage {the "Easemen~ over, under, on and across a porlJon of the ~ed Property legally desc~:>ed in Exhibit B attached hereto and Incorporated hamin, by vtrlue of this WHEREAS. Collier County has requested that Bank subordinate the Modga3es Io the ir~erest Iha~ Collier County has in the Property to whic~ request Bank has agreed. NOW. THEREFORE, in cor~ldef'~ion of Ten Doliar~ ($10.00) and o',her good and valuable ca~stdefa~on, the recell~ and ~.~Jency of which are hereby act-a3owtedg~, the Bank does hereby sub<x'dinat~ the lien held by it as represented by Ihe Morlgeges to the rights held by Collier Courtly by vtrtu~ of the Easement. This subordination shall run only to t~ Pmpe~y end only in t'avor of Co~lier County or any other ra~eted g, ovo~nmcntal entity;, it b. eing o~3m~$1y inta~:led thai e3a:cpt ~ ed to Cofii~ Count, the Morlgege$ Ihall remain otherwise in full force and IN WITNESS WHEREOF, the undemigned ha~ e'x~uted ~ Subon:r~'~ien on the date f'u'~t written abow. Commonwe~h of Pe.'~7~nia } FIRST UNION NATIONAL BANK f,%'a F IOELITY BANK, NATION.~J. ASSOC rATiON AUG 2 b lS~7 I~. I~r~' JJCOASTAL ENGINEERING i~NSULTANIS PROPOSED 1~ WIDE DRAIHA~E ~ D~O~ 3106 $. ~S[40~ ~ . NAPtE$. FLORIDA, 3al04 o (gd l} ~3-2:~4 "' FAX (~M1) 6,13-1143 / / / / / / I I SUBORDINATION THIS SUBORDINATION given this ..~'~ day of ?Ju, <-. .1997. by Fk~t Unio~ Nalio~al Bank f/lq'a Fidelity Bank. Nati~l COLLIER COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ~..'cce~.or'~ arid assigns, whose mailing ~ FIo~la 34112 C'Collier Cour~j~. · WHERFAR. Bank is the ~ib~ A ~ en~m~d~ t~ ~ER~S. Collier ~ ~s r~ ~ m~ f~ ~e f~ sim~e ~er ~ the E~ed P~ WHEREAS. Collier County has requested thet Ba~ ~x~'d~nate the Mortgages Io the intere=t that Collier County has in the Prope~ to wh~h ~st Bank ha~ agrled. NOW. THEREFORE. in con~lderatio~ often D~I~-~ (S10.00) and ~ and voluable c3ns~aUon. [he r~celpt and ~ of whtch are here{~ ga~es to me rights nela ~ uollier counl7 by virtue of ~ Easemenl. Thi~ by sub<~ir~tion shall run only to the Properly and or~/in favor of Co/lie~ County or any other mleted govommcnt=l er~t7;, il being expf'~$1y ~ ~ except ~l ~inat- ed to Collier County. the Mortgages shall remain othecwi~ in full fo~:e and effec[ Ihl WT]'NESS WHEREOF. Ihe undml~ has ex~cutad It~ ~lio~ the date first wr~e~ ~ ~~ a~ R~'~ ~n ~ ~ ~ in O.R. B~ 1~, ~ 1813. ~ ~ ~ P~rm~ as r~d~ in O.~ ~ 1~1, ~ 1016; D~ ~ C~ ~ ~~ O.R. B~ 1~7, ~ 571; U.C.C. ~~ [~ ~ O.~ ~ 1~, ~ 1~; U.~C. ~~ ~,~e 1~=~ U.C.C.~~~O.~8~.~.~ ~ ~ ~ ~ 1~7' ~ 57~ U'~C' A~ ~ ~ O~ ~ 1~' ~ ~ ~ U-C.~ ~~ ~ ~~. F~ ~~n~~O'~'~l~l~7;U-~~~~~O~ 1~. ~ COASTAL ENGINEERING CONSULTANTS INC AUGUSTA PROPOSED 15' WID~ DRAINAGE F-,tSEMENT font str{p of land Mn~ ~ ~t ~ of Trna '~ of ~ F~ a m~on ~t ~k ~, P~g~ 51 ~ 52 ~e ~b~c R~r~ of ~er C~, ~odda Commenein~ at thc scathct~t comer ofuid Tract 'C" ~ ~~ ~on[ ~ ]i~ of ~d T~ '~ ~d ~ r~e~r ~t~ l~ of ~ ~d for 1~.1~ f~t to ~ ~' OF B~P~O; ~e~ ~n~e ~ ~d ~ ~YS~ 41.76 ~ OF BEG~G. Tl~ ab<~ cle~ ~n ~ of approx:lmat¢¥ 2,319 $qua~'c feet of land. 3106 S. I"IO{:~SESHOE DRIVE, NAPLES. FL~A 3410~ · (9,11] 643.2324 ,' FAX (941)643-1143 AUG 2 t; lO,97 ,,~._~.~ / / / / I I _____ Publ.tc Street Dedicated Easement _ _ Alleyway - - Utility ---___.Hatntenance _ Subdivision Hat ~Drain~ge ~ ~ther (explain) Date Received: .J~H~eaoe Petition No: Petitioner-* ~ne~a~~ ,~ · ,.: ....o~u~ uevelo~nent Co . Addres~ ,, C~ty/Stat~ -- , ~ Address oF Subject Proner~ ....... Z~p Code: LocaHon: ect~nn ~ ~ .... Legal Description: - tp ~'" ~:__ 34~~ ~ ~ ~ange 26~ ~ Page(s):_52 Reason for Req~est:~ THereby Authorize Agent Above to Represent.~e for this P~t~t~on: ~ Yes _X No ~y 29, I997 Please'see .po]icy and Procedures supportive mater' ga~u .... Vacation and Annu]mentt for the ~a]s w,,.~, mus~ accompany this'petition, and ~e~Jver or maJ] to: Transportation Services ~JgfsJon Collier C~unty ~overfimen~ Comp]ex Bldg. 'O" : · Nap]es, FL Telephone: (813) 774-B260 · (]) ~ applicant ~s a ]and trust, so ~nd~cate and name beneficiaries. (Z) If applicant ~s corporation other tha~ a public corporation, so ~ndtcate and naae officers and m~Jor stockholders. (3) If applicant ts a Partnership, ]~mtted Partnership or other business entity, so ~ndicate and name Princ~pa]s. (4) I{ applicant ts an owner, ~nd~cate exactly as recorded, ~nd ]~st ail other owners, ~F any. (5) If aPp]~cznt ~s a. lessee, ~ttach a copy of ]ease, and ~ndicate actual owners If not indicated on the ]ease. ROH:O]O?gZ:jS]. Telephone:_353-1551 Zip Code: 34119 [e]ephone:~'~':~[~ ]1 ",,,,, ,,, ?',,,,, Vineyards, Apr~ 17, 1997 Mr. John Boldt, Director 3301 Tam[ami Tra~ Naples, Florida 33962 RE: Pm~ vacation of existing easement ~ at Augusta Falt~ subdivision Tract C, Plat Book 27, Book 51. Dear Mr. Bold~ I~ans to vacate the existing drainage/tandscape easement menl~x~-~l above to create a ~ easement_ A rep{acement drainage easement w~l be created for the existing stomnwmer pipe. As part of the procedure for the vacation of easements, w~ am required to furnish a *Lelter of No Objection' to the ColOr County Transportation Services Division. If you have No Objection to the vacation of this easement, please sign ~ letter and return it to me. Thank you. Daniel A. DeCesa'e Project Er~e~ I HAVE "NO OJECTION" TO THE VACATION OF THE ABOVE EASEIIENT. County Storrnwater Manag.,e~ Vineyards l)ev~ment Corpornelon 98 V'u~ya~ts Boulevard Naples, FL 33~)9 (941) 353-1551 · Fax: (941) 455-5057 ,~.~/- Aprt 17, 1997 Mr. Bnjan M~k Project Planner Co~r County Government 2800 North Homeshoe Drive Naptes, Florida 33962 RE: Proposed vacal~n of ex,'ting easement Ioca~d at Augusta Falls subdivision Tract C, Plat Book 27, Book 51. Dear Mr. Mitk: The purpese of this letter is to inform you of V'~-~a~ls Development Corpomtic~'s (VDC) ptans to vacate the ex~ng drainage/landscape easement mentioned above lo c~ate a rc~..m, ational easement. A repiacernent drainage easement w~ be created for the exL~ng stormw~er pipe. As part of the procedur~ for the vacation of easements, we ~ required to furnish a 'Letter of No Objection' to the Co~er County Transportation Services Division. If you have~ to the vaca~m at' this easement, please sign this letter and tatum it to me. Thank you. i I-IAV~ ".~L.~=[~~ 'ro THE VACAT',Ofl OF TNE AB(WE ~. 98 Vineym'ds Boulevard (941) 353-I551 · Fax: (941) 455-5057 _ P~._-.~' Vineyards, Aprt 17, 1997 Mr. John Houtdsworth Community Development Plan Review 2800 North Horseshoe Drive Naples, Florida 33942 RE: Proposed vacation of existing easement located at Augusta Falls subdivision Tract C, Plat Book 27, Book 51. Dear Mr. Houidswotth: The purpose of th~ letter is to inform you ~ Vineya~ls ~ Corp~'s (VDC) plans to vacate the existing drainage/tandscape easement mentioned above to c. mate a recreational easerr~nt. A replacement drainage easement w~] be created for the existing stormwater pipe. As part of the procedure for the vacation of easements, we ate r~:luired to furnish a 'Letter of No Objecticm' to the C~r County Transpod. ation Services Division. to me. Thank, you. D~n~ A. I I HAVE 911Vincyar~ (941) 3~3--15~1 · Fax: (941) 455-505'7 neya a$ , Mr. Michel Saadeh, President Augusta Fa~s Homeowners ~ 98 Vineyards Boulevard Naples, Fiodda 34119 RE: Proposed vacation of existing easement I~ at Augusta Falls sulxltvtsion Tract C, Plat Book 27, Book 51. Dear Mr. Saadeh: The pu _q::,ose__ of this ~ is to inform you of V'meyards Development Corpora1~'s (VI)C) I:~ans to vacate ~e ex~s~ng drainage/landscape easement mentioned above to create a As part of the procedure for the vacation of easements, w~ am required to furnish a *Letter of No Objection' to the Coaer County Tmnsportalion Sewices Division. If you have No ObiectJon to the vacation of this easement, please sign this letter and r~um it to me. Thank you. Sincerely, Dap~el A. DeOesam P ro~-,ct Engineer I PAVE "_NO OJECTION" TO THE VACATION OF TIlE ~ F./~~, Augusta Fa.tls Hom,~,w.,e~ ~ Vta~ D~,veiopment Corporation 98 Vi:.~'"u'ds Boulevmd Naples. FL 339~9 (941) 353-1551 -Fax: (941) 455-5057 neyarcts, Apti 17, 1997 98 V'~eyan:ls ~rd Naples, Florida ~119 RE: Proposed Yacation of existing e~ located at A~tusta Falls Tract C, Plat Book 27, Book 51. Deaf Mr. Saadeh: plans to vacate the existing drainage/landscape easemem mentioned above to create a ~ easement. As part of fl3e procedure fat the vacalJon of easemertts, we ale requited to furtish a 'Leltet of No Objection' to the ~ County Transpodalion Se~/k::es ~. to me. Thank y'a~. Daniel A. DeCesare Project F_ngineer I HAV'~ "FIO OJEC~ TO THE VACATION OF THE ABOVE EASElaENT. Vineyards Community Assodation Inc. ~Jne~ards Development Corpors~on 98 Vineytrds Boulevard Naples, FL 33999 (941) 353-1551 * Fax: (941) 455-5057 AUC 2 1597 LIST OF ABUTTING AND OTHER PROPERTY OWNER~ WIIHIN 250 FEET OF THE PROPOSED VACATION Vineyards Development Corporal/on 98 Vin~rds Boulevard Naples, Horida 34 ! 19 AL~ 2 o Oui~im FOU~NH~ AT not for pr~ ~a~, G~, Needs. FL WITNESSETH, that the GRANTOR, for and in cormideralfo~ of Ihe sum of TEN AND NO/lO(rS DOLLARS ($10.00) ~d oe~ good and ~ com~ra~o. ~ in hand paid by GRANTEE, the.receipt olr which la ~ adu'x3v~lged, ha~ grltded. bargained and sold to th~ said GRANT~ end GRANTEE'S f, uccello~ and State of Florida. to wft: plat thereof recorded in Plat Book 24, Pag~ 22 through 24, Inch,mire, of the Public Recorda of Collier County, ~ which portion h r~w · part of TRACT "C' on the plat of AUGUSTA FALLS, rec~-C, ed In ~ Book 27, Pag~ 51 and 52, all of the Public Records of Cofllor County, Flor,da. THIS QUITCLAIM DEED IS BEING RECORDED TO VEST TITLE IN VINEYARDS DEVELOPMENT CORPORATION FOR THE AREA DESCRIBED ABOVE. ~me ~ To Have and to Hold the same toge~el' wflh II and singular Ihe ~ thereunto belongir~ or ~ an .y.wtse appedalr~, arKI all lhe estate, right, title. ~ lien, equity and claim whatsoever oi' C.~a~, either in law o~' in equity, fo~ the use. In Wltne~a Whereof, the GRANTOR ha~ hereunto se~ tls ha~ and ~ the day f'~st above w~tten. FOUk'TAINHEAD AT TII~ VIiLrI, AJIi:Di STATE OF FLORIDA COUNTY OF COLLIER PG._ CORR E:C? Z ¥~. Warranty Deed 01'/968'/1/ ~-9 P. COLLIER COUNTY '~RECORDED / 001921 ./ 0022'/3 .~' - OR BOOK PAGE 'J'hi:l IndentUl~. Made t?~ 31st d.-,y o( Decm'nIx~. 1993 AD.. ~ man. as Ten·ntB ~a~d JOSEPH PROCACCl. I manJed 33399. grantora. ~ VINEYARDS DEVELOPMENT CORPORATION. · corporation ex, ting under the laws of the State of FlorM·. whom Oddru~ Is ge V'm/d~8oufevwd. ~ M me Counef c~ ~. State o~ Florida 33~9. grantee. W/tnesseth ~'~ -'~e c.e.x~cms. ~m~inconmdera~m -TEN AND NO/100'S ($10~0,~ _ ~ ~ cou~y of Collier. stye c~ Florfda, to ~: See a(~ched Ext"t~ 'A- Subject to resO. if:~m$, reservations amd easements o~ o'Jco~, it ~r~/. and tax~s ~bloquefll to 1993. 1. Tr~ ~ ~ ~S Seam'e/Ag~emenl r~-;,~ded In CR ~ 12~, ~ge 112~, 1481. Peg.~ 1916 '"" ' :'?' ;~'"'" ::" '~""; 1~ I -l--~..~, t,' - ' 00i921 0022]5 OR BOOK r..recor~.G~___ Thio Warranty Deed is being re-executed and P to correct the legal description ms shown on the origin&l Deed recorded in Official Records 1900, Pages 886 through 904 inclusive, Public Records of Collier County, Florida, ·nd more particularly page 8 of 17 (OR Book 1900, Page 895) and page 9 of 17 (OR Book lg00, Page 896), which were erroneously ·t=·ched and ·re hereby being deleted. Signed, sealed and delivered Terry A. Luri~. Witness I1 Deborah P. Haynes, Witness 12 ,rt.,,, ..., £,*1,',¢ M[ C~'*',7 I Witness ~1 De.rah ~. Ha~e., Witness 12 " MiChael J. Proc·cci VINEYARDS DEVELOPMENT CORPORATION, · Florid· corporation ,ich~ Sa·d'h, Pre.ide"t STATE OF FLORIDA COUNTY OF COLLIER The fore~oing instrument was acknowledged before me this ~ day of March, 1994, by Michael J. Pr~cacci, individually and Michel Sa·deb a. President of Vineyards Development Corsx)ration, · Florida corporation, and who are personally know~ to m~ or have produced __rJ.a ss identification. My Commission Expires: Notary Public CO~TIONWEALT~ OF PENNSYLVANIA COUNTY OF PHILADELPHIA The foregoing instrument was &ckncwle~ge4 before day o~ March, 1994, by Joseph G. Procmcc£ and who is known to me or hal produced identification. My Commission Expires: F 00'i 921 ,.," O0221~v- OR BOOK PAGE In Witness Whereof, t~ ;r~o~ t~ h,r~to ~ ~ ~ ~ ~ ~ ~ ~ ~ Signed, ~e~ed and del;vered In our p~ence: STATE OF FLORIDA COUNTY OF CO{.UER 1993 STATE OF FLORIDA COUNTY OF cOLLIER ~ form~:~g Insb~ment was ~l,,nowledged b~' Joseph proc&cci, who ts per~o~y · 1993 I tJJ CiD 1736 OR 800~ · I:3X}I [ B IT OOOl,~ PAGE 1 GF /7 ~.~ Z o 1SS7 } ~ ~ T~ VINEYARDS UNIT O~E, as recx~ in PlaC Boo;< 14, Pages 67 74, Public P~cor~ of Collier County, Floric~a. ~ Plat recorded in Plat ~o~k 14, Pagea 8& through 81, Publl~ P~corda Collier ¢c~nty, Florid·.' Tract F, ; VIIf~IILROS, :rglT OHE, a replat of Tract Fo according to Plat record~ in Plat ~k ~6, Pages ~6 and 97~ ~lic ~cords o~' ~llier C~ty, Florida. ~01921/ OR BOOK 17'36 OR BOOK /002279 PAGE PAGE Plat Bock 16, L~IT 3. accoccLLng co Plat recorck~d ~n Pages 2 cb~m.~h 2. Public ~corcLs of Collier County, ~. P^¢z 4 of/7 --'00192 I/'-"~02280-~ OR BOOK PAGE 1731~ 000~,29 OR BOOl~ PAGE c~ ~e ef ~' ~ ~t~ k~ · ~d ~ d~ ~e ~e If c~ ~ Il ~e lef~ ke~ I f~! ~ ~ te ~e le~ k~I · r~ el 2140,~ feel S 01' 28'~' [ 4~ f~K ~e 47.12 feet d~g ~cl S 01' 21' ~' ~ 484.44 ree~ ~c* 21ZiO ~eet d~ ~c, s ~l' 1o' t2' [ t~.~ f,,~ ~, s8o.~2 feet d~g te ~, ,~ ~g · r~B ef B60.~ leer · c~d 10' 13' C I~l.s~ ~,,1 te ~e ~wt~ I~e e~ ~e ~e~d~ U~]I ~e. e* wc er · c~N~ ~ te ~e ~t ~ · ~ed~ ~1 71~74 leel. · ~e~ce ~ S2' 3~ }2' [ ~.3~ lee~ ~ce H 7r 1o' 42' (3A con~inue~) OR BOOK , d02281 PAGE 1736 OR BOOK flO0~31} PAGE ~ 2YII'23' C 137.~t lee~ ~e S 14'44'5)' w 77.6~ lee~ S ~3'3~t1' C 5~.07 fee~ ~ce S 11'2921' C 111.31 fee~ S ~11'3l' [ 183.13 lee~ ~e S 42'31' I]' [ 12~.~ fee~ ~e S I~'**'~0' ~ I17.~ fee~ ~ee $ g~'41']~ ~ I1.$1 leel~ l~e $ 0~' ~' ~4' [ 13~.2~ fee~ ~ce S ~3' ~1' 21' ~ ~1~.*1 leel~ ~, 411.~ ~..t ~g ~e ~e ~ · e~ ~ ;e ~e le~ ~ · ~ ~ · ~ed~, ef ~0.~ fe,~ · c~ ~e ~ 11'2~41' ~d ~bt~.d k2 · ~fd ~ b.~. S 11'22'03' w 1~.~ fee~ Il ~e ,.., ,,., ,,. ~. ,..,, .,?.~ ~j.~,~:.~-, C~Wd ~ be~l S ~'3~ 44 ~ SI.l? fee~ ~ce S :~.41 II1~ ~1 H sr 42' ~' w M.II ile~ ~i 41L=4 feel c~ ~e e~ S~S1'34' ~ ~bl~ by · ~d ~ be~ S 77 22' Ca' ~ 314.22 fee~ ~ce S 0~ ~1' 4}' C 17~2 le.~ ~c. S 0711'3g' [ 31~.20 feet te t~e N~ ~t-et--e~ ~e Also k.-.c~.~ as TH--- ':iNEYAP~S, UNIT 3A, acco~ing =o Pla= reco=ded Pla; ~ook 17, Page 7, Public Records of Collie= Coun=y, Florida. '/001921'/' OR BOOK /002282~/' PAGE 1796 000~31 OR BOOK PAG~ ZrLnvood 0 00i921 0O2283 OR BOOK PAGE LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS' Lots 1 through 24, Block A: Lots 1 through 21, Block B; and Lots i through 18, Block C, all in THE VINEYARDS, UNIT ONE, according to the plat thereof as recorded in Plat Book 14, Pages 67 through 74 inclusive. Public Records of Collier County. Florida. Lots 1 through 28, Block D: Lots 1 through 28. Block E: Lots 1 through 27. Block F: Lots 1 through 26. Block G: Lots 1 through 12, and Lots 14 through 22, Block H: and Lots 1 through 29. Block I, all in a repiat of Tract K, THE VINEYARDS, UNIT ONE, according to the plat thereof recorded in Plat Book 14, pages 86 through 88 inclusive, Public Records of Collier County, Florida. A parcel of land being a part of Tract GC (Golf Course) of THE VINEYARDS, UNIT ONE., as recorded in Plat Book 14, Pages 67-75, lying adjacent to Lot 20, of Block F, of a Subdivision of Tract "K" as recorded in Plat Book 14, Pages 86-88, Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the northwest corner of said Lot 20: thence N29'51'43' E along the northeasterly prolongation of the west line of said Lot 20. a distance of 2.00 feet: thence S 58'01'3/t" E along a line parallel with and 2.00 feet measured at right angles from the North line of said Lot 20, a distance of 113.95 feet: thence S 40'12'09" W along the northeasterly prolongation 'of the east line of said Lot 20, a distance of 2.02 feet: thence N58'01'34" W along the north line of said Lot 20 a distance of 113.59 feet to the point of beginning. Tract V, THE VINEYARDS, UNIT ONE. according to the plat thereof recorded in Plat Book 14. Pages 67 through 74, inclusive, Public Records of Collier County. Florida. PAGE 10 OF 17 vUUI~I,/ OR BOOK PAGE A parcel of land located in Section 8, Township 49 South. Range 26 Collier County, Florida, and being a portion of Tract E. THE VINEYARD~II~ UNIT ONE. as recorded in Plat Book 14, Pages 67 through 70 inclusive the Public Records of Collier County. Florida. being more particularly described as follows' Beginning at a point, said point being the southeast corner of Tract E. The Vineyards, Unit One, and located on the North right-of-way line of Vineyards Boulevard and being common corner to Tract P-1. The Vineyards. Unit One: thence with the North right-of-way line of Vineyards Boulevard along a curve to the left, having a central angle of 4°33'38''. radius of 610.00 feet. chord bearing of N 77'00'44"W and chord length of 48.54 feet along the arc of the curve a distance of 48.56 feet to a point: thence N79°17'33 W a distance of 540.02 feet: thence leaving said right-of-way the following six (6) courses: (1) N 28'19'1" E 247.21 feet: (2) N 6!°25'03.. W 47.48 feet: (3) N 17°19'20.' E 193.65 feet; (4) S 51°39'22" E !12.50 feet: (5) S 77°20'59" E 455.28 feet: (6) S 13'27'17"W 377.3! feet to the point of beginning. Chardo~.~F ~ Pub~ A pcrtion of Tract E. THE VINEYARDS, UNIT ONE. according to the p~: recorded in Plat Book 14, Pages 67 through 74, inclusive, of the Records of Collier County, Florida. being more particularly descriI>ed foilo'ws' Commence at ~he Southeas~ corner to Tract E. THE VINEYARDS. UNIT ON~. as recorde~ in Fiat Book 14. Pages 67 through 74 inclusive, of the Public Records of Collier County, Florida. said corner being a point on the Xoetheas:erly right-of=way line of Vineyards Boulevard and a poi~ of curva:ure of a curve concaved Southwesterly. and run along said riah~-of- way line for 4856 feet along the arc of said curve having a radius of 6!0.00 fee~. a central angle of 4°33'38''. a chord of 48,54 feet chord bearing of N 77°00'44'' W to a p°intl°'fs' tangency' thence ru 79°17'33'' W' 540.02 feet' thence run N 28'19' E for 230.21 feet tD POINT OF BEGINNING: thence run N 61'25"03"W for 44.17 feet: thence run N 17°19'20" E for 17.33 feet: thence run S61°25'O3"E for 47.48 feet: tt~ence run S28°19'15'' W for 17.00 feet to the POINT OF BEGINNING Chardonay PAGE 11 OF 17 / -'"'U U I ~J~ I,/' "UU/,<_ ~D -~ BOOK PAGE All of Lot 1. Tract F - Unit One. The Vineyards, as recorded in Plat Book 14. pages 96-97. Public Records of Collier County. Florida. AND All that part of Lot 2. Tract F - Unit One, The Vineyards, as recorded in 'Plat Book 14. pages 96-97. Public Records of Collier County. Florida. being more particularly described as follows- Beginning at the northeast corner of said Lot 2: thence North 58°48'27.' West along the northeasterly line of said Lot 2. a distance of 179.78 feet: thence leaving said northeasterly line South 35°46'11'' West 96.68 feet: thence North 54°13'49.. West 34.45 feet: thence South 35°46'11" West 154.70 feet to an intersection with a westerly line of said Lot 2: thence South 11°16'53'' East 153.17 feet to the southeast corner of said Lot 2: thence north 58°02'13.. East along the southeasterly line of said Lot 2. a distance of 399.9! feet to the Point of Beginning of the parcel herein described: Villa Fontana Lot 3. THE VINEYARDS TRACT F-UNIT ONE. is recorded in Plat Book 14. Pages 96 and 97 of the Public Records of Collier County. Florida. Napa Ridge Let 5. THE VINEYARDS TRACT F-UNIT ONE. as recorded in Plat Book 1~. Pages 96 ans 97 of the Public Records of Collier County. Florida. Napa Rid:. Tracts S-3 and S-4. THE VINEYARDS. UNIT 3. in accordance with and subject to the plat recorded in Plat Book 16. at Page 2-5. Public Records of Collier County. Florida. School and County Park Site PAGE 12 OF 17 t]01921/ /002286J OR BOOK PAGE All of Lot 7 of Tract F. of THE VINEYARDS, UNIT ONE. as recorded in Pl~jj Book 14, Pages 96 and 97, of the Public Records of Collier Count Florida, said Lot being a subdivision of Tract "F", THE VINEYARDS. UNI' ONE. as recorded in Plat Book 14. Pages 67 through 74, inclusive. Public Records of Collier County. Florida. A parcel of land lying in and being a part of Lot 6. of the Vineyards Tract "F", Unit One. as recorded in Plat Book 14, Pages 96 and 97. Public Records of Collier County, Florida. Said Tract"F" being a subdivision of The Vineyards. Unit One. as recorded in Plat Book 14. Pages 67 through 74. Public Records of Collier County, Florida. being more particularly described as follows: Beginning at the Northeast corner of said Lot 6' thence along the East 24" line of said Lot 6' South 39°34. West 110.46 feet to an intersection with a circular curve concave to the South having for its elements a radius of 170.00 feet and a central angle of 2°11'50"' thence Northwesterly along the arc of said curve 6.52 feet, said curve subtended by a chord of 6.52 feet which bears North 79°08'31" West to the point of tangency' thence North 80°14'26" West 28.71 feet' thence North 35°39 4!" East 111.28 feet to a point on the North line of said Lot 6- ~ thence South 74°13'22" East along the said North line 41.77 feet to thrill Point ef Beginning. Sonoma A portion of~T[act E. The Vineyards. Unit One. according to the plat recorded in P,a~ Book 14. Pages 67 through 74. Public Records of Collier County. Florida: being more particularly described as follows: Cemmence as zhe Northwest corner of Tract E. The Vineyards. Unit One. as recorded in Plat Book !4. Pages 67 through 74. Public Records of Collier County. Fl6rida. said Northwest corner being a point on the Easterly right-of-way of Vineyards Boulevard' thence run South 05°49'43.' West along the Easterly right-of-way line of Vineyards Boulevard for a distance of 19.42 feet to the beginning ora tangential circular curve concave to the East- thence run Southerly along the arc of said curve t~ the left. the same being the Easterly right-of-way line of Vineyards Boulevard. having (continued) PAGE 13 OF 17 OR BOOK PAGE a radius of 450.00 feet, through a central angle of 13°51'17' for a distance of 108.81 feet to the end of said curve: thence run South 08°01'34'' East along the Easterly right-of-way line of Vineyards Boulevard for a distance of 376.88 feeet to the point of beginning, thence continue ~outh 08°01'34'' East for a distacne of 652.87 feet to the beginning of a '.'..tangential curve, concave to the East: thence run Southerly along the arc ;tof said curve to the left. the same being the Easterly right-of-way line of Vineyards Boulevard having a radius of 640.00 feet, through a central angle of 06°53'07'' for a distance of 76.91 feet to the end of said curve. thence run South 14°54'41'' East along the Easterly right-of-way line of Vineyards Boulevard for a distance of 3.82 feet; thence run North 75°42'08'' East for a distance of 455.88 feet to a point on the Easterly line of said Tract E' thence run North 21'49'57" West along the Easterly line of said Tract E for a distance of 205.79 feet: thence run North 00°02'55'' West along the Easterly line of said Tract E for a distance of 102.21 feet to the Southeast corner of Phase I of Tra-Vigne' a condominium being a part of said Tract E' thence along t~6~uth ling of said Phase 1 for the following courses (1) North 84°49 West for a · distance of 117.87 feet. (2) South 81°58'25.' West for a distance of 219.46 feet. (3) South 73°24'47'' West for a distance of 67.18 feet. (4) South 81°58'26.. West for a distance of 19.57 feet to the Point of Beginning containing 6.844 acres, more or less. ' Tra-Vigne. a condominium A parcel of land located in Section 8 Township 49 South Rarlm: 26 East Co]i~ r ~ .... ] ' ' -- · ,e ~. .... v, F]orida, and being a portion of Tract E, The Vineynrds, Unit One. as recorded in Plat Book 14 Page 67 through 70 of the Official Recc:'cs cf ~'~ ' ~:ier County. Florida being more particularly d.s.r,bed ~c ...... =;:~ng a' a .s~in:. said point being the Southeast corner of Tra~ E. The Vine:,,ards. Uni; One, and located an the North Right-of-way li~ of Vineyards Boulevard and being common corner to Tract P-1, The~Vineymrd Unit One' thence with the North right-of-way line of Vineyard~ Bouleva~ along on a curve ~o the left. having a central angle of 4°33'38... r~Dius of 6!0.00 feet. chord bearing on N 77°00'44'. W and chord lenoth of g~.54 feet along the arc of the curve a distance of 48.56 feet-~o a pcint- thence N 79°17'33.. W a distance of 654.46 feet to the point of curv-~l;ure of a curve to the right, having a central angle of 17'44'26". radiu~ of 665.00 feet. and chord length of 205.08 feet: thence along the arc curve 205.90 feet to a point, thence N 61'23'07" W a distance of 1B2.11 PAGE 14 OF 17 (contir~d) N 001921v/ 002288.,/ 0R B00K PAGE feet to the point of beginning: thence leaving the North right-of-way li~ of Vineyards Boulevard N 38°31'15.' E a distance of 568.41 feel: to a l~o~ said point being on the boundary between Tract E and Tract GC. thence witTT the boundary between Tract E and Tract GC the following courses: N51°39'22'' W 36.94 feet: N 47°56'31.' W 655.72 feet: thence leaving the boundary of Tract GC S 54°56'15.' W a distance of 586.51 feet to a l~oint 'said point being on the North right-of-way line of Vineyards Boulevard: tY~ence along the North right-of-way S41°23'23" E a distance of 461.B9 feet to a point of curvature of a curve to the left having a central angle of 20°09'44... radius of 590.00 feet. and chord length of 206.55 feet: thence along said curve to the left 207.62 feet: thence S 61°23'07'. E a dis%ance of 198.94 feet to t:he point of beginning. Tuscany. a condominium The South I/2 of Tract S-2, The Vineyards Unit 3. according to the plat thereof as recorded in Plat Book 16. Page 2, Public Records of Collier Co'~n~)'. Florida. Health Park Site Lots !. ~. 3~ 5. 7. 9 12. 13. 15, 16. 17. and 18. San Rafael. accordi~i D ~ ~hereofa~ recorded in Plat Book 20. Page 53 and 54. Pu~)l to the. :a Recercs of Collie- County. Florida. San R~fael A :rat- ~= 'a': ~e'ng a portion of Section 8. Township 49 South. Range 26 East. [s~ie, Ccunty. Florida, being, more particularly descrit>e~ as Cgmmeqcing ~t the Northeast corner of said Section 8: thence S0°58'42" w a~ong the East Line of said Section a distance of 2417.84 feet to a point in said East line. said point being 20 feet South of the Sgutn right-of-way line of 4th Avenue S.W. of GOLDEN GATE ESTATES. UNIT 32: thence N 89°0~'18"W 20 feet to the Point of Beginning: thence S 0°5B'42'' w 40 feet: thence N89°01'18'' W 40 feet: thence N 0°58'42.. E 40 ieet: thence S 89°0t'18'. E 40 feet to the Point of Beginning. United Telephone System Eas~r~nt PAGE 15 OF 17 "0 001921/ OR B00 PAGE Less and except any dedications of roadways, streams, rivers, lakes and other bodies of water shown on the plats of The Vineyards. Unit One. as recorded in Plat Book 14. Pages 67 through 74. inclusive: A Subdivision of Tract K. The Vineyards. Unit One as recorded in Plat Book 14. Pages 86 through 88 inclusive: The Vineyards. Tract F - Unit One. as recorded in Plat Book 14. Pages 96 and 97: The Vineyards. Unit Two. as recorded in · Plat Book 14. Pages 98 and 99: The Vineyards. Unit Three. as recorded in at Book 16 Pages 2 through 5 inclusive: and The Vineyards. Unit Three 6. as recorded in Plat Book 17. Page 7. all Public Records of Collier County. Florida. Common Areas Lots 4. 7. 8. 10. 11, 12, 13, 14, 15. 16, 17, 18, 19, 20, 21. 22, 23, 24 and 27 of ERINWOOD AT THE VINEYARDS, according to the plat thereof, recorded ir; Plat Book 15. Pages 2 and 4, of the Public Records of Collier County. Florida. Erinwood Lots 1 through 42. Vineyards Arbor Glen according to the plat thereof as recorded in Plat Book 21. Pages 39 through 41 inclusive, of the Public Records of Collier County. Florida. Vineyards Arbor Glen Tracts A and B. Concord at the Vineyards. according to the plat thereof recorded in Plat Book 21, Pages 79 and 80, Public Records of Collier County. Florida. Concord Tracts 6. 7. 11 and !2, Silver Oaks, according to the plat thereof as recorded in Plat Book 21. Pages 53 and 54. Public Records of Collier County. Florida. Silver Daks PAGE 16 OF 17 --/00 i '.32 ! OR BOOK -, 02290/' PAGE and lema and except: 1736 OR BOOK 0001~%0 PAGF Do~cr~ptlofl o! ~ ~f ?rmct Co%%%wr CourtLy, Al] Lhmt pm=t of Trect °D' of ?he Vlnoy&rdw, Unit One e¢cocdZn9 to ~CI~ZXO i~ t~t northeait CO~ne~.o( iiLG T~icc 'O*; l) eouCheamCe~ ]01.~1 ~eec mlong the arc o~ · titular c~i concave to ~he m~t~et, ~h o~ 11'54'5~* ~vA~g d cmdLum o~ 4~0.00 feet 4nd 10~.73 Sect; 3) mouthe~ly, 1~.20 %oat a3on9 tho a~c o~ a cl~ula~ cu~e c~ncmvo to the ~m:, thtouq~ a conCt&~ ~gle o~ 3'14'10' c~o:d ~:c~ ~.ro ~:~ ~'4<'3a- sa~ ~.2o tee:; thence ~orth 30'2~'1~- Km~t 3~.~l feet Co no.he:fy ILno o: ma:d ~acc 'O*; ~mcrL~d co.meal ~) ea'co:~7, 175.5~ %eec along tho ~ ci~glm= cu~e co.ave to tho ~h, th:ovgh & cent61 ~91o o~ 50'1e'13' havAng · c~d~us ~ng eubcan~ ~ a c~ which ~a~m South gmat l?0.0~ ~cat to 4 ~t of C~ 2) no~heasco~27 and ~o~ho:ly 52.72 ~ee: along t~ a~ o~ and ~ol~g lubCo~e~ b~ j chord vhlch 22'52'31' Zast 4~.18 3) North 6~'43'18- ~meL 20.00 f~c co the PoAnc et c~ ~:cel he~Ln c~Jecc co eaa~n~e en~ :eet:ACCAona Of ~oco~l · XCEPT~D SIT% CO~AZNS ].O* 4crem: ~T SQUA~ CONTAINS 16.~8~ · Il~ ~ DO NOT DETACH ._ ..c~ ~l= Ill HO~'J. 3Q J. ON OC ! j /& . ; Help Rp]- P~I Fm UT UL FCIC?.] OC[NRi IDl331£6666362][66666666996][ FOLIO STRAP 963755 C ORB/P[ 6]/[ 6) SALE DATE [ 6](966P) $ RHT [ 9] ACRES [ ,961 TR5->[49][26][85] LEGAL-1 -2 -3 HHSTD-X 1692-X CIU-X UET-X BLD-X WID-X flG-X WII-X [33169696382] OWNER> UINEYARDS DEU CORP 14B65 98 U]NEYRRDS BLUD NAPLES FOUNTA[NXEAD DEU CORP TRACT C (DE & LANDSCAPE ESNT) CURRENT-EX-RHT $1 HILL-CODE [ 145 ] HILL-RATE Kll4.gBBB] aflPPROXI~TE LOCATION [Nfl -:1.996 TAX ROLL- FL 33999 RRER CERT-9$-URL CERT-96-ORL [ 951 LND $1 1BB] I 1681 L-USE IHP91 HKT91 t861 I 1881 flSD~AGX91 ~881 i 1881 TAXABLE 91 1881 I CNTY 91 .37] HSTU ~1 .~?i S-SL $1 ,611 ~ 91 .BS] S-LB 9I ,2&] lSD 9I .~21 CITY 9[ ,BB] UflDP9[ .~] (1996 TAXES) TOTAL 91 1.qgl -CERTIFIED- 63755] RES4?? Z Z '.U Z 0 Z r3 O0 BOARD OF COUNTY COMMISSIONERH COLLIER COUNTY NAPLES, FLORIDA ~96Z RECEIVED F ROM'~/~IlJ ADDRESS~ ', '~'~ DATE~31L~ 14 . . 1~7 ,.CHECK NO~C~5 DESCRIPTION INVOICE NO. _ FUNO COST CENTER O~J-B$ eqC~,~ CT ~1 16~.610 :29100 ',GCC, C Te£:i .":ey-~= ............. ' " 106052 D~.'-.;.R~/,:?IT CC,"-'," EXECUTIVE SUMMARY REQUEST FOR BOARD TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 96-6, "THE UTILITY REGULATION ORDINANCE", AS AMENDED, BY AMENDING SUBSECTION (E) (2) OF SECTION 1-3, TO MODIFY CRITERIA FOR APPOINTMENT OF LAY MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. OBJECTIVE: That the Board of County Commissioners consider adoption ofan Ordinance that will amend Ordinance No. 966, as amended, by amending Subse~ions (E) (2) of Section 1-3, to modify criteria for appointment of lay membo, ofthe Collier County Water and Wastewater Authority. CONSIDERATIONS: During its regular meeting on August 5, 1997, the Board of County Commissioners voted to reconsider provisions of Ordinance No. 97-31 adopted June 24, 1997 which modified criteria for appointment to the Collier County Water and wastewater Authority. Modifications cited in Ordinance No. 97-31 included a preference for applicants who are customers ora regulated utility and applicants who possess relevant experience. As Ordinance No. 97-31 had been transmitted to the Secretary of State, those provisions are in effect. On August 5, 1997 the Board requested staff to bring Ordinance No. 97-31 back for reconsideration. The proposed ordinance modifies lay member selection criteria by removing the requirement or preference for relevant experience, but allows lay members to be appointed from the same areas of expertise as technical members. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board consider adoption of the accompanying Ordinance amendin~dinance No. 96-6, as amended, to modify criteria for aFpointrneaat of lay~?ers/o t~e Collier County Water and Wastewater Authority. Prepared By: ~~' / /'~ Date: ~'~ °~'7 D. E. "Bleu" Wallace, Manager, Office of Utility Regulation Tho.mas C,, Palrr!er~.Assistant County Attorney · . s, Assistant County Administrat6r ~', AU$ 2 6 Pg. , 2O 21 22 2~ I OI~DINANCE NO. 2 4 AN ORDINANCE AMENDING O~CE 9~6, AS ~E~ED, ~E '~L~ ~G~ATORY 6 O~~," BY ~G S~SE~ON ~) (2) 7 OF SEC~ON 1-3 ~OF TO MOD~ C~ 8 FOR ~PO~ OF LAY ~ERS TO ~E 9 COLLIER CO~ WA~R ~ WAS~WATER 10 A~O~; PRO~G FOR CO~LI~ 11 SE~I~; PROLOG FOR ~CLUSION 12 ~E CODE OF LAWS 13 PRO~G ~ E~E DA~- 15 ~AS, the Bo~d of Co~ Co~ission~ 16 best ini~csts of thc public's health, smt~, ~d wclf~c, that Iht ~t~a ~d r~uir~ 17 for qualifications for mp~indng law m~b~ Wmi~aler Au~o6~y be m~ifi~. NOW, ~E~FO~, BE IT O~D BY ~E BO~ OF CO~ CO~ISSIO~ OF COLLIER CO~, FLO~DA, SE~ION ONE: Amcndmen~ Io S~tion I-3 of Collier Count' Ordinance No. 9~ Subsections (E) (2) of S~lion 1-3 of Collier County ~din~cc No 29 3O 31 32 33 34 35 36 37 38 39 4O 41 amended, is hereby amended to read as follows: SECTION 1-:3. COLLIER COUNTY WATER A.ND WASTEWATE~ AL-I'FIOKITY; POWERS AND DUTIES. E. Members of the AulboriV..'. The AuthoriD' shall consim of five (5) memlm:ts appointed by thc Board. Three (3) members shall be technical members and ~'o (2) members shall be lay members. Applicants who are customers of a regulated utiliv,.' ~ be preferred. The Board, collectively, shall appoint all members. More than one (1) member may be appoimed from the same are~ of expertise. No Boa.rd membe': has ~ individual power of appoint'neat. 1. Each lcchnical member shall be appointed based on individual expertise in one (l) or more of the following ar~as: (i) Engineering: with experience in wa~r and sewer sys,ems; (ii) Executive experience in finance. ~ccounting. nae.m~king, and,or utility regulation; or (iii) Business administration. 1 Wot& underlined are added; wova' ~'~ mi' AGENDA~ AUG 2 6 ~ 42 43 45 4? 48 :2. The la)' members sh~ll be ~lxfinted on integrity. ~plic, ar~ for a Lay member's seat ~ ~ h~ve experience in an)' ~ea of rtlcvant utility service and management, rate- maJcing, 'utility regulation, or other endeavors, members may be appointed from the same ~ of cxpcrtisc as technical 49 SECTION TWO: CONIrLICT AND S£V'ERABILITY 50 51 If any section, phrase, sentence o~ portion of this Ordin,~¢ is for any reason held 52 invalid or unccn~itulional by any coral of coml~em jm-isdicfion, such portion shall be 53 deemed a separate, distinct, and independent pmvisio~ and such holding sb.~ll not sffect 54 the validity of the remaining portions thereof. 55 SECTION THI:LEE: INCLUSION IN THE CODE OF LAWS AN'D 56 ORDINANCES. 55 The provisions of this Ordinance shall become and be made a part of the Code of 59 Laws and Ordinances of Collier Count)', Florida. The sections of the Ordinance ma)' be 60 r~umbered or rclcttered Io accomplish such, and Se word "ordinance" ma)' be clumped 61 to "section," "article," or any other appropriate word. 62 SECTION FOUR: £FF~ DA'FE. 63 64 This Ordinance shall become effective upon filing this Ordinance with the 65 Department of Sta~¢. 66 PASSED AND DULLY ADO~rFED by Ihe Board of Count)' Commissiona's 6'7 Collier Count)', Florida this __.____ da), of_ .., 199'/. 68 ATTEST: 69 DWIGHT E. BROCK, 70 CLERK 71 72 73 By: 74 Deputy Clerk BOARD OF COLrNTY CO~,{MISSIONT-RS COLLIER COl. J%~I'Y, FLORIDA By: TIMOTHY L. HANCOCK, Chairman Approved as to form -,nd 75 76 77 legal sufficiency: 79 w,.('. ,_ ~ ~0 Thomas C. PaLmer 81 Assistant County Attorney 2 83 Winds ~ sr~ ~ided; vm'~ ~ ate EXECUTIVE SUMMARY PETITION SNR-97-7, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 4th AVENUE S.W. TO CARROTWOOD ROAD LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TO~rNSBIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ For the Board of County Commissioners to consider and take action on a petition to rename 40, Avenue S. W. in Golden Gate Estates to Carrotwood Road. CONSIDERATION: Ms. Caroline Spounias is requesting a street name change to Carrotwood Road from 4th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2"d, 40,, 60, and 8* Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately seven telephone calls in the last week in opposition of this proposed change. Also attached are four letters in opposition to this propose change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. FISCAL IMPACT: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition SNR-97-7 to change 4th Avenue S. W. to Carrotwood Roa, AU~ ~ ~ 1997 Robert Salvaggio k..}! - Cusaomer Service Agent Supervi~:n' Building Ofl'~cia! Date: ~'J/~- ,0 AUG 2 $1BB7 CARROLL & CARROLL REAL ESTATE APPRAISERS 2500 AIRPORT ROAD SOUTH NAPLES, FLORIDA ~4112 PHONE (941) 775-1147 FAX (941) 77~-2154 JT.~Y 30, 1997 ~. ROBERT BALVAGGIO CUSTOMER SERVICE SUPERVISOR COMMUNITY DEVELOPMENT SERVICES DIVISION COLLIER CO~TY GOVERNMENT 2800 NORTH HORSESHOE DRIVE NJ~PLES, FLORIDA 34104 DEAR MR. SALVAGGIO: PETITION $NR-97-7 YOUR LETTER OF 8-11-97 AS I UNDERSTAND THE SUBJECT PETITION, IT IS TO CHANGE THE NAKE OF 4th AVEN/JE SOUTHk~EST TO C_AJ~LOTWOOD ROAD. AFTER DUE CONSIDERATION NY WIFE AND I WISH TO OBJECT TO THE PETITION. W'E DO NOT WISH TO HAVE THE NAME OF 4th AVENUK SOUTHI~EST CHANGED. IT YOU EAV~ QUESTIONS, OR NEED MORE INFOFJ~ATION, PLEASE CONTACT ME. CARROLL & CARROLL IREAL ESTATE AI~I~RA~$E~IS REALTORS ~GO ~*tK:)~'~ KC) SO ~ NJiI%[S. F?.OA,OA :)411 ~ AUG g ~ 1997 Joyce c. Doerlng 50 ]0 Fourth Avenue SW Naples, FJoricla 34119 USA Phone (941) 455-.5932 Fax (94~ 352-2317 August 5, 1997 Ms-. Robert Salvaggio Customer Sevice Supervisor 2800 Horseshoe Drive Naples, FL 33942 Dear Mr. Salvaggio: In rceards to Petition SNR-97-7 that would change the name 4th Avenue S.W. to Carrotwood'Road, I am not satisfied with the name change. I would like to suggest Palmetto Pines Drive or Palmetto Ridee Drive which wouId be more appropriate for our area. I am in agreement with the proposed ~ogan Woods unit. Please take tbJs into consideration at the August 26th meeting. Thank you for your attention. Sincerely, ~yce C. Doering '._' Golden Gate Estates, Unit .~-. WIS0 fi. of tract 90, O.R. 893, Page 495 i AU~- £,; i997 ' 5455 4th Avenue, S.W. Naples, Florida 34119 August 1, 1997 Mr. Robert Salvaggio, Customer Service Supervisor Collier County Government 2800 Horseshoe Drive Naples, Florida 33942 Dear Mr. Salvaggio: I would like to express my opposition to approval of Petition SNR-97-7 that would change the name 4th Avenue, S.W. to Carrotwood Road. First of all, the carrotwood is an invasive trash tree that is likely to go the way of the melaleuca and the Brazilian pepper as far as Florida agriculture is concerned. I don't want a street named after a known pest. Second, the range of street names presented by the 2nd Avenue, S.W. committee varied from the sublime (Mahogany Ridge Drive, Tamarind Ridge Drive, Sycamore Drive) to the cutesy (Locust Lane) to the coarse (Carrotwood Road). The four streets (Sth, 6th, 4th, and 2nd Avenues, S.W.) are to be further designated as a conglomerate known as Logan Woods. Three of the trees ameng the choices are not Florida woods trees. Therefore, there is no common thread in the spirit of the naming except for the fact of plant life. Third, the only name among the five choices that had a truly native, classy, and important ring to it (Mahogany Ridge Drive) interestingly was awarded to the committee heads' street--2nd Avenue, S.W. Fourth, the only street that in fact has a semblance of a "mahogany ridge" is mine, 4th Avenue, S.W., which supports three large mahoganies on the northeast corner lot. Fifth, the prime mover for the petitioning, Mrs. Carrie Spounias, has her home on the market for sale and is, therefore, seemingly more motivated by "the opportunity to enhance the value of our area" (words quoted from a memorandum bearing her name) than by neighborhood identity. I will go along with the wishes of my street because I believe in democratic processes, but I suspect there are a number of ~ther neighbors that are as bothered as i am by what is happening. Sincerely, Mary Jo T~racy AUG P..A 1997 .I~ ~s, ~997 Cmtomcr Set~ice l~pre~cutatlve Collier Couaty Government ~8~ No~ Ho~h~ N~I~ ~ofida 33942 Dc~r Me. Sdv~,io: I am ia receipt of your lc, er daxed ~t 11, 1997 ~ ~ ~~G c~e,~ ~e ~ to ren~e o~s~e~ ~m 4~A~uC, S.W. toC~~~ l~~to~ ~ ~ ~ ~ op~e~  ~nent~ of ~ ~on h~ f~ed ~o I~k ~ Io~ c~ ~ ~g ~c ~ n~ ~ ~ ke ~c pr~ ~y ~re ~ 1~ v~e~e ~d ~ h ~ ~ f~ to ~. t~e ~to accost ~c ~ ~d ~ jmt m~g ~ ck~ ~ to ~c~ ~ p~b~h~ I rc~ ~ h a sho~ ~oblem ~ch ~ ~ o~come; h~, ha~ ~ ~ ~m ~ a ~ for a ~d ye~. People ~o p~ch~ ~c~ l~ here ~ ~ of~e a~ ~ ~e ~e ~ ~h~. ~ b~ ~ ~y ~a h a dra~ ~oH for ~e ~. Co~ up ~ a ~e ~ to ~c~e to ~~ ~ ~ pu~hm~ff. ~ ehe ~go~ ~ had ~ ~ ~e~ ~ ~ ~ ~ ~ ~d k~ ~iud~ ~e D/.V[SION _O_O~'~.~,'.'¢[TY DEVELC.:Y.~T STR!-'? TYPE OF REQUEST: Proposed Stree: Name: s .~'R 9 ? 7'~:- · A~dress: LOCATION: Subdivision: Unrecorded Plat: DESCRIPTION: -- ~ - '~ ) . _0 C C."? --NTS: '"0 ,i .77 -0 · o ! $ IG:~.TURE '0 DATE ZY.'- L:UD =.=,c'. G,; .-.-. ~,C' ]~7 ' ....... ?'--~i-- .*~?..~ . i:" .=.?::'~$T ---.-.'Z =0~." OF Ct,' ..... CC>2:iSSiCX-ZES TO C?-'_';~; -HZ ...... ,': }----,., ...... ~'--'-~ ' -',~'*= -. --*h" ..... ~'-'-, *i'-SC?,.'ZF.D }'CF, TH-- FCLLC'::iXC EAT-' FCZ TEE "; " P £T I T I 0 N S_IC::ATURE ADDRESS A=--S,~:,;-:?:C;; RE:L:-M-,'NG ~:'" AVENU-- S.'::. LOCATED it; GO'-' C.--N GATE ESTATES U::ZT 32, I,'; SEC?lC:: 9, TC'~.~Sii. i~ 49 SOUTH, 26 ER-'--, CaiLlER COY.':.-Y, FLORICA. lc KEZAEAS, the Board cf County Co..'~../ssloners is authorizel Furs:l:: il to auth::i:y of ChaTter 336.05, Florida Statutes, to nane o: renamt 32 st:eats anl roads, except for certai~ state roa~s; and ~1 ~HE~EAS, tke Board of County Co~-~!ssioners has been re~ueste~ 14 csnflrm the renaming of 4:~ Avenue S.W. to Ca=re:wood Roa~. This ~:u.-.tv, :-i:--~; ~':HE?--_.:._--, th.r~ a~F~.ars -.~ ke ,t: ::reef in Coil!er Csu:.:y w=t.-. =his an'.- -'-r.=iar ssu.-.~i.t: .-._-...; and :':HE?Z.'-.£, it is r.e:e_-ssry for Id~-.'.tlflcati:.-. ~'-'r.:~se.- :: =:r.f-..-w. :_ thcs sire:t, -- H -i ?. E .-- - ?. -= , :-- -- .:--SCl','--.' '='.-' T~.E ~$a.'-.C C~ =~'~:1--'..' T: CCiliE? i :'.':: .-Y, ?-.-.e :f this .t:..t is hereby char.;e_~ fr:m 4": A'.'en:: S.1¢. :: Ca.-r:tws:d ?.ca~ a.t~. i,. ::.-.Sirra.~ as .uch i? ---'-'?THE.:, E--_=:'_'.,--Z that this Resci'-:i:.-. ke re--:rie-: ir. :he '- ..... :, .--i:.-i:~., an~- .-.:t.~ ..,... tr.-: .-...r. :_ .t:=-=.: =_.-._~ ::r.!r.~ a:'!.~_. :f C:ili.: ~:=r.t'.-, tr._~ nctall:r.! .-..!?- :.-. 34 35 37 41 44 2::.e :his da':' Cf , l~'. :CLLiER CC, U:;.-y, FL:Ri=..;- CWiGH: E. -:.:$:K, Clerk Approved a: t~ Form and legal ......... r~-.... ~CK, Marjcrle X. Student Assistant :cunt}' Attorne..- L AUC g ~; 1997 EXECUTIV SUMMARY PETITION SNR.97-6, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 2'~ AVENUE $.W. TO MAHOGANY RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~0_,F~2TL.V~ For the Board of County Commissioners to consider and take action on a petition to rename 2" Avenue S. W. in Golden Gate Estates to Mahogany Ridge Drive. CONSIDERATION: Ms. Caroline Spounias is requesting a street name change to Mahogany Ridge Drive from 2'~ Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as ?, 4~, 6~h and 8~ Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately four telephone calls in the last week in opposition of this proposed change. Also attached is one letter in opposition to this proposed change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. FISCAL IblPACT: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition SNR-97-6 to change 2~d Avenue S. W. to Mahoga~...y Rid. ge t.~'.'° 2'.. ' : Drive. Robert S&lval~to (~/ - Customer Service Alem Supervisor REVIEWED BY: Ed Peric~, CBO Building Official Date: / Vincen! ^. Cam:m, AICP Community Development &: Environmental Services Division Administrator AUG 2, .', ~997 '0 G&?~ £ST~TES Ii" Henry~Laverne Clemmensen 4890 2nd avenue SW Naples, FL, 34119 July 30th 1997 Dear Robert Salvaggio, On tuesday August 26 1997, the Board of Commissioners are considering approval of Petition SNR-97.6 of renaming 2nd avenue SW to Mohogamy Ridge Drive. I wish to inform you that we are against this change. we would like 2nd avenue to stay as is. ~incerely, Henr.y ~lem~ensen ,;'.DU. C ~ %%'- .A~ -~- ~% -~ Yb- c ,.~..~ .A ....... 1 C .... :.,~,.~ :,NF..,.~.~ ,:..:, ~ ~ } AUC-Z~ 1997 . I L P~'-, DATE: c - TYPE OF REQUEST: Propose~ S::eec Name: /~(,','~ "' ,,r.,4.z ~. /, -.' -~ z, :.~ Sc:eec ~ame Change: ~ /~.~ ~ ~' ?£T~TION TO T~E BOARD O? COUNTY CO:'~I.~SiONERS OF COLLIER COUNTY, FLORIDA: THE UNDEKSICNED PETITIONERS ~E~BY REQUEST ~E ~0~ OF COUNTy CO~4ISSIONE~S TO C~_NCE THE N~ OF THE FOLLOWING DES~IB~ S~.. THE POLLO~JIN¢ REASC:;($): _AZ)DP, ESS LEGAL DESC.. -. DATE $ I ¢.~:ATUR£ 2nd AVE. and Logan Blvd. ~c.~ THZ FOLLOWING RZA$Oi:(S): TO IDENTIFY AREA BETTER THEN IT IS KNO~ S I C::ATURE JOHN AND ALINA SAVOREIKA ALL OF TRACT 15,G.G.£ ACCORDING TO PLAT BOO PUBLIC RECORDS OF COL fiT,,'" 4 7 FCZ THZ FCL'_CUiI:~ ?.'--A":::':7.: TO THE ~OAF2 CF Cz .... : ~'"':2:::-.:::.':]7. F 'F C:LL:Z?. COU.~:?..', TZCZ:~A; THE UNDERSI(;':vD ~.- ~ .... · ...... ~.,..,:.:.~. 'i'.~.:"': : :-. ::'!.:T T?:-' ~BOA?~ OF CCU.~t.:y CO .... SSIO,NERS TO · '" '-'-" ?~.:: F:L-:;:._':;3 'ZESCRit. ED S~. '"0 2 $ RE$O~',.'?iC:: ~';}:;-'o'.::':~ 2:4 AVENUE $.'4. TO "~:AH=~A::Y .:.'-%$"- ~.%:Vi", WHICH Si.R-:--'. IS LOCAT--D !:: GDL%--:; GAT-- ESTATES ur:iT 32, I~i SECTiC:: 9, ?:',';:;OH:-: 49 SOUTH, 26 EAST, C~-%I---.:. COU:;=Y, FLORIDA. I WK!RtAS, the B:ard cf Ccun:y Corr. lssioners is authorized pursuan: to authority of Chap=er 35{.C5, ~iorida Statutes, :o name or rena~ ~3 WHEREAS, %he Board of Coun=y Ccrr, issioner$ has been reques:e~ 14 confirm %he renaming of 2~: Avenue S.W. to Mahogany Ridge Drive. This 15 street is located in Sec:ich 9, Township 49 Sou%h, Range 26 of Cci!toT County, Florii~; n_m. c: an}' simile: $:un~n~ nar. e; T · ~: ?~;~ Fe$¢iuti:n _i:~:-~ .:.r mr%ion, seccn: ann majority =% · 3: ~:ne :his day cf · 19~' 3:, 3'7 2w:SH? :-. 5.:.OCK, Clerk 40 Appro'.'ef as to Form and Legal Sufficiency: :-:~rjo=ia :.% ¢::.:.:--.:, COU::TY, ~-ORiDA iZ:~CHY :. ~L~ ..... K, Chai--~n EXECUTIVE SUMMARY PETITION SNR-97-8, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 6th AVENUE S.W. TO TAMARIND RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVI~ For the Board of County Commissioners to consider and take action on a petition to rename 6th Avenue S. W. in Golden Gate Estates to Tamarind Ridge Drive. CONSIDERATION: Ms. Caroline Spounias is requesting a street name change to Tamarind Ridge Drive from 6th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to "Better define the area as Logan Woods" which she identifies as 2'd, 4~, 6'h and 8t~ Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately three telephone calls in the last week in opposition of this proposed change. Also attached is one letter in opposition to this proposed change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. FISCAL IMPA{~T: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition SNR-97-8 to change 6th Avenue S. W. to Tamarind Ridg ' ,~-l~t,~.. ..... Robert Snlvaf, f, io kJ Customer Service Agent Supervisor Ed Perico, CBO Building CH~cial ~in'c~'nt A~. Ca~tero, AICP Comrnunic,,. I~.velopment & £n¥ironment~l Services Division Administrator AUG 2 6 lgg~ i Pi- '~ ' July :28, 1997 Mr Robert Salvaggio Customer Service Super,.isor Collier County Government CommuniLv Development Ser¥ices Division 2800 North Horseshoe Drive Naples. Florida 33942 RE: STREET N.,kME CHANGE FROM 6TH AVENUE SW TO TAMARIND RIDGE DRIVF. Dear Mr. Salvaggio: Please let this letter serve as notice that ,,,.e are not in agreement to chang, lng the name of our street. After changing all of my credit cards, checks, banks accounts, etc. ',,.-hen lhe area code changed and then lhe zip code changed. I do not ~ish lo go lhrou_,uh a complete name change. I find the address of 6lb Avenue SW mt,ch more pleasanl sounding and easier for people to understand and lakes much less time lo write I can't see any real purpose that this name change will se~'e. I hope you den.,.' this request for a name change Very.~uly yours. 'ard F Beulah V. Ferguson 5380 6th Avenue S~,\' Naples. Florida.,-,''119 Stale of Florida Count,,' of Collier j.../., The fo/~egoing instrumen! ,..~as subscribed, sv. orn to and ackno',,.ledged before me this day of -/--~..h~t~/~5 7"' . 199'/. b.~ C Ed,~.ard Feruuson and Beulal~ V. Fe._rggLsckn They are persgnall~,' kno,.,~n to me or ,,ho p,'oduced ~L~.L ~~//"~.~t"'/'~(.~:9.~,~'~.~ (-) identification' and did take an oath /~7...~ f"'~c~ CO<~ ~'"~ ~:>t.~ 0 Serial Number. if any Primed. Typed or Stamped Name DIVISION OF CO.~..~NIT¥ D.V£.C...DIT STREET REOUEST RECEWET, Proposed Sc:eec Street Na=e Change: R-ZASON (if applicable): ,.I / ;/ ,d, ,., ::,:~, TELEPEOME: 72 .-.EE '-2.-'.?Z CF 2~.~:_.. .... . ........... .......... ~ ..... : .: 2Z'''--~ CCL'!:~"..', r DAT-' ?0 TIlE ,.,u ...... C O~iT".', i:'LO?,IDA: THE UJ;DEKSIG::ED ?Z?i?IC:;Z?..'- H'~.:.ZL':' ~:.".~L'ZST TEE BOA.=LD OF COUNTY CO;2-:!SSIO,~Ep, S TO C~-~,C- ?:-'.Z .,,~..=. ,. ?HZ }':L'...:';[ICG D-iSCI~ZI~Z'D ST]~,.. 10:21 941-353-2365 P~¢Z~Z 02 --'" - ' :" '_' - DATZ / ' U. '/ .' / / ~.ESO:.'.'.,:C,:: ~';:. 97.- KESOLUTi,~:: RE::.:.'.:i::3 {:~ AVE::%'E S.W. TO "TA-vA.~.i!;D RigGE g.%'-VE", WHICH STREET IS LOCATED !'; GOL'.E:: GATE ESTATES U:;.'T 22, i:; SETTiO:; 9, TCW:;SHiF 49 SOU.,H, 26 £AST, COLLIER COU::.-'f, FLORIDA. 1: WHEREAS, ~he Board cf Ccun=y C:rr. lssioners is au:horized pursuan= 1; %0 au~hcrizy of Ch~p~er 336.05, Florida Sta:u:es, to name or rename 12 s%ree=s and roads, excel= for cer;aln $:ate roads; and 11 WHEREAS, the Bcar~ cf Ccun:y Cormlssioners hat ~een requested to 14 confirm the renaming of 6:~ Avenue S.W. to Tamarind Ridge Drive. This 1~ $~ree~ it located in Sez~ion 9, .,ownshlp 49 Sou:h, Range 26 Eat:, C:ii~er Ccu.-.-.y, Ficr~da, Selden '~a*.e Es:a-.es Uni: 32, ;- :ia% :h_r.c., re=crde~. in ?la% 5::;: 7, Page 21, cf :he Cfficlal cf Cc'_lle: County, ;:HEF. EAS, :here a:-.ears.. =: ,.~- nc .,:tee: .n' ~,:ii_.r'- C:un:y w~_:h -,hit :-" ::'-:'; ?HET. EF~F.E, '--E ii FESiL';Ei SY .,HE -=TA.:.2 CF C%'.'::TY /~:.'-'.:iS~i.'::EF.$ :~ C.-- ..... '-: C C l':: .-'..' -- ' '' - h-r.~l.' :banter. .r:.-.. {::' :-: .--r~r'_n: .:~:,:_ Drive an~ it c:nf~r.-..e: as such. :' 5-- ................ 1 --":-'-'r: :.-.-,_._..-- -.k_:, :hi: .:esc!u:i:n ke r_::r_~.,- "'~ im :he n::_~ u.u:n %..- s'-r-=-5 a.".-~ ::n~.'.~ a%':_ ..... :-ii-~r Ccu.'.=-:', ar.~ n.'tali:r.s .-..a_~e 3: Th~$ .:...;iu'.ic.-. a~.cT;e~ af'-ar .-..:~l:n, ~.::.-.~ and ma:cri'.y 3~ 2:.-.e ~t.~_~ d-~''-.. cf , 1997. 3" 3~ 39 4'. 44 45 27;25H? E. 5R~K, Clerk A~rcved as =c Form and Lc;al Sufficiency: Mar~crle br. S=uden= Assis:an: County A::orney 3997 EXECUTIVE SUMMARY PETITION SNR-97-9, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 8th AVENUE S.W. TO SYCAMORE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32 AND 34, IN SECTION 9 AND 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ For the Board of County Commissioners to consider and take action on a petition to rename 8th Avenue S. W. in Golden Gate Estates to Sycamore Drive. CONSIDERATION: Ms. Caroline Spounias is requesting a street name change to Sycamore Drive from 8th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2r'd, 4m, 6m and 8'h Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately two telephone calls in the last week in opposition of this proposed change. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. FISCAL IMPACT: The fiscal impact to Collier County consists ora one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition SNR-97-9 to change 8th Avenue S. W. to Sycamore Drive. ; t". aU .: 2 5 lgg7 ~ Customer Service A~ Supervisor REVIEWED BY: _ ... Ed Perico, CBO Building Official AUG 2 .~ 1997 Pi:. ~ CCLLiE~ COL~'T): FLD,=.i5-' I ':'~" AUG 2 6 i997 Pit. ¢ R E,...ciVED .T.~ -'--'- REOU£ST TYPE OF REQUEST: Proposec[ S:reec Name: Sc:eec ,~a=e Cha~le: RE&SON (if &ppitcable): -~m . -., . C C::.'?~NT S: RE C O..~i~-N__'D AT I 0 N S: PETITION TO THE SOA.'KD OF COUNTY CO ....... ONEI~',$ OF COLLi=-?-,.. COUNTY, }'LOP, IDA: TRE UNDEK$ICNED PETITIONE?.$ EE.:"BY I~EQUEST ~-.'Z BOAKD OF COUNTY CO-~J. ISSIONE~ TO CE~_X¢£ TME NA.~ 0.-' ~'~.E rOLL0~'I~G DESCEIEED ~.. ~OZ THE POLLOt-:INC TI. ti!: I~OAItD OT COL~;T~ CO:.D:Z,cS-_.ON£it$ OF COLLIZR COUI'ITY, lq, OR:IDA: UNDF. RSI~NED P~IITI0:I~$ E-'~-'~y R£QU~ST T~Z $OA.RD OF COUNTY CO."2.IISSZON£RS TO CF~NG~ TR.£ ~A.v_.- OF TH...= }'OLL0~:ING DESCRIB~I) STRiI~.. /' ~OR T~E FOLLOUIN¢ REASON(S): ~"010 g. rk l~ ,r ,o TO?. THE ~CL'_O;-;iNC /"ASC::(S): S I ~::Ai'UP, E ADIO?,Z$ S LZC:;: r'"-SC. '' DAT-: Bill and Barbara Meyers 5381 8th Avenue SW Legal Description of Property: THE WEST 180 FEET OF TRACT 31, GOLDEN GATE ESTATES, UNIT NO. 32, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAA'ES 21 AND 22, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA. KESOLUTi$:; £E::A.v._.'::C~ ~:.'. AVENUE $.:.;. TO 'SYCA:.:2.:.-' DRiV.'", WH-'.'~: STREET IS LCCAT--= it: GOLIE:: GAT=_ ESTATE.: UNITS 32 At:; 34, it: SECT!S::.: 9 AND I6, TOWNSMi? 49 S~TTM, · :.:.::GE 26 EAST, CT, tolE.: COUNTY, FL=F. iDA. :o au:h:ri:y cf Chapter 336.05, Florida $:atutes, to name or rename stree%s an~ roa~s, excep: for cer=aln state roads; and WHEKEAS, the Board of County Cos.missioners has been requested Co c:nfir= the :enam!ng of 8:~ Avenue S.W. to Sycancre Drive. Thi~ st=eec ~s lc:a:e~ ~ Sec:io~s 9 a~: 1~, Tc~shlp 49 Sou:h, ~ange 26 Eas:, Collier Cc~n:y, ~iorida, Golden Gate Es:ares Uni:s 32 ant 34, ac:cr~ln~ :: :ne ~i~: :here:f, rercr~e~ in Pla: ~:ok 7, Pa~es 2: and 61, cf the Cfflrlal ~ec:r~s cf Cci!let Ccuncy, ~i:rlda: ~HBFEA£, :here a~ears :: he n: s:ree: :n Cci!let County with :his WHET.BA~, i: i~ nere~sary for !den:=fica:l:n ~ur~zse~ :: c:nf£_---... ?;27; THB~Z?~.E, EE '- F.~iL'.'E: EY THE ECA~i C~ CCU::TY .::r. Avenue c -.- ::m.lrm.. a~ ..... 3:' 3~ 41 4'-. 44 4~ ATTBS?: 2Xi3H: E. ~F.::~:, Clerk A~r=';e2 a~ :~ E:rm and Legal Buffs:ich:y: ~:AF.: CF COUNTY :: 1liE.: COU::TY, As~:s:an: County A:::rney i AUC261997 EXECUTIVE SUMMARY PETITION NO. CU-96-21, GEOFFREY G. PURSE, OF PURSE ASSOCIATES, INC..., REPRESENTING R.H. OF NAPLES INC., REQUESTING CONDITIONAL USE ~1' OF THE RURAL AGRICULTURAL ZONING DISTRICT FOR EARTI{MINING ON PROPERTY LOCATED ¼ MILE EAST OF GREENWAY ROAD AT THE END OF MARETEE ROAD, IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST. OILIECTIVE: This petition seeks to obtain approval of a conditional use for "earth mining" in the Rural Agricullural zoning dis-t, rict CONSIDERATIONS: This petition is intended to gain permission to irdtiate a commercial earth mining operation for an ~ of land measuring 16.5 acres which is fur,.ber contained within a property measuring 42 acres momor less. The properO' is vacant and is zoned "A" Rural Agricultural. The site largely cleared and at one ~ based on most current aerials was in agricultural production. To the north, east ~! south the land isin agricultural use or is lying fallow. To the west the land has been subdivided by metes and bounds ~ conveyances. These parcels front on Greenway Road and the streets running east/west of ~ road. The lots are sparsely developed with single family structures. The property is located approximately three and one-half (3 ½) miles east of C.R. 951 and one xmqe north of the E. Tamiami Trail. Approximately sixteen (16) acres ora forty (40) acre parcel is lobe excavated to depths not exceeding 13.6 feet. Stipulations contained within the draft order ~hould ii he approved preclude blasting, regulate hours of operation, require road improvements along haul ro~s, prohibit off-site ~rtation of water and regulate the length of time excavation activities may occur prior to restoration requirements for side slopes and littoral plantings. The property is located in the area designated Agricultural/Ru~, Agricultural/Residential. The Fm~m Land Use Plan element defines Agricultur~Rural Designation as those areas that are remote from existing development pattern, lack public facilities and services, ~xe environmentally sensitive or agricultural production. Urbanization is not promoted, therefore allowable land uses are of ~ intensity. A limited selection of land uses other than low density residential and agriculrswal will permitted. Such uses include: essential services as defined in the most recent Collier County ~ Ordinance; parks, open space and recreational use; community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities; earth mining, oil extraction related processing. It should be noted that the above definition specifically makes provision for earth mialrm whleh i,~- subsumce of this petition. To this extent this petition is consist~t with the FLUE to ]. ! AUG2~97 ; Relative to other applicable elements of the GMP their goals, objectives and policies these c,m be achieved through the inclusion of appropriate stipulations for ~:~'oval which will direct ~ actions and future monitoring for compliance. This petition was reviewed by the EAB on April 2. 1997. The EAB recommended approval subject ~ the inclusion of certain conditions of approval which are included in the draft Resolution should one be adopted. The Collier County Planning Commission heard this petition on May 15, 1997 and by a ummimo~ vo:e (6 ~o 1) recommended that this petition be denied. The Findings of Fact determination by each commission memix'x is included with Ibis executive summary submission. In general the Commission concluded that approval would be incompatible with existing homes along the haul rom. Several area residents spoke in opposition to this petition. Mr. Simpson representing farm ~ stated they were not objecting to a puffy earth ex,.xaction and r~noval process bm were opposed to any importation of water off the site. This petition had been scheduled to have been heard by the Board of Zoning Appeals on June 10. 1997. however, the petitioner requested that the ma~er be continued to another date. Staff was subsequemly advised to proceed with a hearing before the BZA on August 26, 1997, FISCAL IMPACT: None. GRO%~I'H MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Shafts analysis indicates that the petitioner's property is located ouLside an area of historical and archaeological probabiliD' as referenced on the oHicial Collier County Probability Map. Therefore, no Historical/Archaeological Surv~' and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Plarming Commission recommends that Petition CU-96-21 for an earth conditional use in the Rural Agricultural zoning dis~ct be denied. Should the Collier County Board of Zoning Appeals determine to approve this petition a draft Resolution for approval reflecting stipulations requested by reviewing s'atff is included with mis executive summary submission. AUf3 2 6 1997 CHIEF PI.ANNER REVIEWED BY: ROBERT J. MULHERE, AICP DO~ALI)WTARNOLO, A~CP PLA~I~I~G SERVICE~,~DEPARTMENT DIRECTOR Y~-'~':~NT A. CAUTE~RO, ADMINIST~ToR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. CU-~6-21 EX SUMMARY/md DATE DATE A~.~.~.r, ~,4 ~* ~ AUG 2 $1997 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: Section 2.2.2.3.1 of the Land Devlopment 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: ae Consistency with the Land Development Code and Growth Management Plan: Yes 6- No Be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No De Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or t Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within d/strict Yes L/No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( _ _e~l~) be recommended for approval . CHAIRMAN: , ~-f~ ~. / FINDING OF FACT CHAIRMAN/18585 Exhibit AUG :) (; 997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: Section 2.2.2.3.1 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 P~a'n: Yes ~/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes .. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No~ect or Affect mitigated by ~/ Affect c~nno~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di~t~ict Yes No Based on the above fin~his co~z~---/~ - -- with stipulations, (copy atta~hed):,(should n6t) be recommended for a royal ~ ~!~,~'~ / , / FINDING OF FACT MEMBER/18585 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2e 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: Consistency with the Land Development Code and Growth Management Plan: Yes X No Be Ce Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes __No ~ Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by X Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use within district Yes__No ~ Based on the above findings, this conditional use should, with stipulations, (cc~y ---tta~hed) (shou_.l.d~) be~/ ~ recommended~or approval __ __. FINDING OF FACT MEMBER/18585 AUG 6 1997 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. e 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: ae Consistency with the '~and Development Code and Growth Management ~fi~: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No V/ C. Affects neighboring properties in relation to noise, glar~ economic or odor effects: No,affect or Affect mitigated by %/ Affect ca--~o~ be mitigated D. Compatibility with adjacent properties and other property in the district: CompatibleyesUSe wtthin~rtCtNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval~ ~)lgWWRfa~J~ ~. ~ FINDING OF FACT ML~(BER/18585 ~ ~"%'/l~ 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development code authorized the conditional use. 2. 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 ~_: Yes _ No _ _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress C. Affects neighboring properties in relation to noise, glare, economic or odor effects: Affect mitigated by No affect or -- ..... ~_ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use,~ithin district Yes Based on the above findings, this should, with stipulations, (copy attachedl recommended for approval -/ / FINDING OF FACT MEMBER/185F. 5 I FINDING OF FACT BY COLLIER COUNTY PLA~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: Section 2.2.2.3.1 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: Consistency with the Land Development Code and Growth Management P~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No ~ffect or Affect mitigated by ~' Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within dis~wrict Yes No Based on the above findings, this conditional use should, with stipulations, (_~e_~,, ~-ch~d) (should not) be recommended for approval · . FINDING OF FACT MEMBER/18585 AUG 2 6 1997 : FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-21 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. 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 th~/band Development Code and Growth Management ~n: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No ~ffect or Affect mitigated by - ~ . Affect cannot be mitigated D. Compatibility with adjacent p~operties and other property in.the distr~ct: / Compatible use within ~strict Based on the above findings, this conditional use should, with stipulations,'-~--43~~e~) (shout)not) recommende~ fpr approval ~,- ~11],_--/I FINDING OF FACT MEMBER/18585 AUG 2 $1997 AGENDA ZTEH ?-G TO: COLLIER CO1 ;SION FROM: COMMUNITY . __.!S DMSlON DATE: APRIL 15, 1997 RE: PETITION NO: CU-96-21 MARETEE ROAD CO~CIAL EXCAVATION OWNER/AGENT: Agent: Mr, Geoffrey G. Purse, P.E. Purse Az$ociates, Inc. 10100 Valewood Drive Naples, Florida 34119 R. H. of Naples, Inc. 45O0 ExeaRiv~ Driv~ Naples, Florida 34119 (Owner Robert S. Hardy) ~OU,E, ~TED ACTION; This petition seeks approval of a Conditional Use for earth mining (Section 2.2.2.3.1) in the 'A" Rural Agricultural District. GEOGRAPm¢ LOCATION: The property is located to the north of the Tamiami Trm'! ~ U.S. 41 four miles east of 951 in Section 7, Township 51 South, Range 27 East (See location map following page). PURPOSE/DES~ON OF PROJECT: This petition is intended to gain permission to initiate a commercial earth mining operation from an area of land measuring 16.5 acres which is further contained within a prol:~ty measuring 42 acres more or less. SURROUNDING LAND USE AND ZONING: Existing: The property ia vacant ~ is zoned 'A' Rural Agricultural The site h hrgely cl~-ed ~cl ~t one time ~ on mo~ oarrmt ~ w~ in Surroundins: North - East- South - West- The land is vacant and zoned "A' Rural Agricultural. The land is ~ a~d zoned "A" Rural Agricultural. The land is vacant and zoned "A" Rural Agricultural. To the west the land has been subdivided by metes and bo~nd~ legal conveyano~ These parcels front on Greenway Road and the streeu running easu'west oF Greenway Road. The ~ ate ~parsely developed with single family The property is accessed v~a Mare~ee Road wM~ connects with C-reenway Road which in turn connects with U.S. 41/Tamiami Trail East. Maretee Road is surfaced with limestone and is not a standard width road. Greenway Road is a paved street and is County-maintained. The paving ofthia road was ac/:,omplished through the establishment of a special assessment taxing district. GROWTH MANAG~,IENT PLAN CONSISTENCY: The property is located in the area deslgnated Agricultural/Rund, Agricultural/Residential. The Futur~ Land Use Plan Element defines Agricultural/Rural Designation as those areas that are remote from the existing d~velopment patt~,n, lack public facilities and services, are environmemally sensitive or are in agricultur~l production. Urbanization is not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other than Iow density residential and agricultural will be permitted. Such us,~ include: essential services as defined in the most recent Collier County Zoning Ordinance; parks, open space and recreational use; community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities; earth minin_~ oil extraction and related processing; It should be noted that the above definition specifically makes provision for earth mining which is the substance of this petition. To this extent this petition is consistent with the FLUE to the GMP. Relative to other applicable elements of the GMP their goals, obj~'tives and policies these can be achieved through the inclusion of appropriate stipulations for approval which will direct permitting actions and future monitoring for compliance. ITISTORIC/ARGH,~EQLOGICAL IMPACT; Sta~a analysis indicates that the petitioners property is lo-.sled outside an area of historical and archaeological probability as referenc__~_ on the official Collier County Probability Map. ~ore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FQR ENVIRQNMENTAL~ TRANSPORTAT/ON AND FN'FRASTR~'~'TU'RE; The subject petition has been reviewed by the appropriate staff'responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, Transportation Services Department staff, and Natural Resources. This ~tition was reviewed by the F. AB on April 2, 1997. The EAB recommended approval subject to the inclusion of'certain conditions of approval which are included in the Resolution for Adoption. CRITERIA EVALUATIQN'._ The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff'recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff'review are listed under each of the criterion noted below, and are categorized as either pro or cons whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this Code and the Gro,~'th b~anagement Plan. Pro: A development order approval that is consistent with applicable elements of the GMP and provisions of the LDC, must be considered on the positive side of conditional use evaluative criteria. Con; Not applicable in view of its consistency evaluation with the GMP and LDC. Summa _ry Conclusion (Findings): The proposed use is authorized in the Agricultural/Rural designated areas and in zoning districts that subsequently provide for the use, either as a permitted or conditionally permitted use. In this case earth mining is authorized as a "conditional use." The underlying hypothesis for conditional uses can best be descn'bed by the "but for" analogy, meaning but for certain characteristics of the conditional use it would generally be considered compatible with the underlying zoning district. Other related goals, objectives and policies of the Growth Management Plan and Land Development Code regulations can be applied to subsequently required development order approvals. and access in case of fire or catastrophe. ' ~ i) In the event this petition were approved, Maretee Road now a substandard road would be improved to a standard condition thereby improving public safety relationships to the two residential properties fronting on lvlaretee Road. Improvements would also be made to Greenway Road which would also improve public safety relationships. f.D_P2 i) The transportation of aggregate material by large trucks from the project site to IJ.S. 41 framiami Trail increases the opportunity for conflicts with local traffic. S~ummary Conclusion ('Findings): Improvement to the intersection of U.S. 41framiami Trail and Greenway Road, and Greenway Road and Maretee Road, and improving Maretee Road to a standard condition could have substantial public safety benefits to the sparse population inhabiting this area. On the other hand introduelng truck traffic to this area also poses certain potential traffic conditions which could heighten the likelihood for traffic acddents. The number of' residences in this area at present are few, therefore the amount of local traffic from residents should be ora very low volume. The greater.likelihood is that the maior traffic impact in this area is currently from vehicles serving the large agricultural area. Therefore, improving the intersection of C.n-eenway Road and ILS. 41FFamiami Trail as a condition of approving this petition should be particularly beneficial. The effect the conditional use would have on neighboring properti~ in relation to no|se~ glare, economic or odor effects; Summa~ Findin~ Given the nature of this land use there should be no glare or odor effects associated w{th its operation. The actual area of mining lies some distance fi'om the nearest residence while one would assume that the rr, lning activity is limited to daylight hours and therefore there should be no use of electrlcal yard lights or illuminations from moving vehicles. No offensive odors axe associated with earth mining. The potential for an earth mining operation to have sorr~ detrimental noise and/or economic effect on neighboring property depends on the character of the neighborhood and the characteristics of the earth mining operation (i.e. casual operation as opposed to intensive operation blasting, stockpiling, etc.). Along the line haul route only four or five residences are affected between the site and U.S. 41/Tamiami Trail East. We cannot say for certain that these residences will not be negatively impacted economically or by other discomforts remlting from operation ofthe earth mining activity. On the other hand by approving this use · mechanism is established to improve the quality ofroads ~xl highway geometry serving the area which may have tome beneficial public safety relationship. For ex, tropic, Maretee Road under extreme rainfall conditions could now become impassable.. Potential effects upon the neighborhood may also have abort term or l~ong...t~.e~n~.~eff~ect~ dependent upon the num of the ameliorates the magnitude ofn 'gli gpr .p~ ..~_ ~ ~ 1991 :! o~-',,~"' O° do CompatibiliB, with adjacent properties and other property in the district. Summa~ Finding: The predominant use of property in the area is that of farming as verified by aerial photography. Residences are sporadically located along Greenway Road and roads interconnecting with Greenway Road. There would not appear to be more than a dozen homes in the area lying west and north of the subject property. No homes lie east and south of' the property. In terms of compatibility with adjacent property, we are of' the opinion that this assessment lies primarily with non-farm land uses but not exclusively. As was stated non-farm land uses (i.e. rural homes) would be affected, however, we think this impact is not significant particularly in view of'the small area that is to be mined (i.e. 16 seres) and because the mining activity to non-farm land uses is far enough removed to further limit the impact of' an earth mining operation. The function of the EAB and reviewing personnel is to advise if' the water resources and natural resources of Collier County will be degraded, or if approval can be structured to guarantee consistency with requirements. The EAB recommended approval of this petition subject to certain conditions of' approval. This recommendation supporls a conclusion that water and natural resources will not be impaired and therefore affect adjacent properties. GENERAL COMM'ENT: Earth mining as a land use activity is a use of land that should not be introduced into an extensively urbanized environment for obvious reasons of compat~ility, however beyond the urbanized boundary the relationship of compatibility changes dramatically if'one takes into account the potential nuisances that exists for residential properties from intensive agricultural practices, and for economic reasons that support aggregate as an essential building block, and therefore critical to the land development industry. These relationships are important to any consideration of earth mining beyond the urban boundary, but nonetheless sufficiently close to the urbanized area to off-set excessive transportation costs and wear and tear on public highways. The more compelling considerations that ought to determine when an earth mining activity is authorized beyond the urban boundary should focus on the following criteria: O) (iii) Effect upon ground water resources Effect upon natural resources Visual impact following depletion of resource Collier County Ordinanccs address the above concerns wh'le generally stipulations for approval m'e recommended for inclusion in any authorized Development Order to assu~ that the~ objectlv~ can be met. AUG 2, $1997 ~A~£NDA ITEM .: _STAFF RECQMM'ENDATION~ That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-96-21 as conditioned by the draft Re~olution for Adoption. RONALD NINb, AICP CI-II~F PLANNER ltJ:.VIEWF. D BY: I~OB2AT J. MULHERE, AICP CURREN~ PLAN'~G MANAGER DO-N~~-LD'~'-AICP PLANNING SERVICES DEPARTMENT DIP. ECTOP. ~c~"r ^. CAU'm~,O, ArmrrmsTa~?o COMMU~TY DEV. AND ~rvmo~AL SVCS. Petition Number CU-96-21 Staff Report for May 15, 1997 CCPC meeting. NOTE: This Petition has been advertised for the June 10, 1997 BCC meeting,. COLLIER COUNTY PLANNINGCOMMISSION: MICHAEL A. DAVIS, CHAIRMAN CU-96-12 STAFF REPORT/pd AUG ~ 6 1997 COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUESTS PETITION NO. COORDINATING PLANNER: DATE RECEIVED: ocr APPLICANT ADDRESS: PROPERTY O~ER (P~ITION~) N~E ~D ADDR~S*: ~.H. 0F D~AILED LEGAL DESCRIPTION OF S~E~ PROP~TY: SE~ION: 7 ~SHIP: A PO~T~O~ O~ [A~ I VT~ ~TH~ TH~ ~flUTHF~T I/~ flF TMF ~Ol~T~(d~T ~/4 OF PROPERTY I.D. J' ro SIZE OF PROPERTY: 756 FT. X g78 FT. GENE~.~L LOCATION AND ADDRESS OF SUBJECT PROPERTY: ;/4 MILE EAST OF GREEI4WAY ROAD ACRES: ! 6. ~ ACRES ZONIJ:G OF SUBJECT PROPERTY: A~ EXISTING LAND USE: TYPE OF CONDITIONAL USE REQUESTED: EARTHMINING ADJACENT ZONING AND LAND USE: ZONING N A2 S A~ w AZ LA.ND USE FAI~ FIEL~ FAR~ FIELP FAPJ, I FIE~D -1- AU~ g a lgg7 NOTE: Staff recommendation to the Planning Commission and the Planning Commission recommendation to the Board of Zoning Appeals shall be based upon the following criteria. Please respond to the following criteria: Is this request consistent with the ~nd Development Code and Growth Management Plan? SECTION f.f.f.$ Afi0WS FOR EA~TH~N~N~ ~N AGRICULTURAL ZONED LAN9 Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: GREENWA¥ ROAD IS PAVED AND MARETEE ROAD ~IILL BE IMPROVED AS A DUSTLESS SURFACE. THERE ARE PRESENTLY TWO HOUSES ON I~A£ETEE ROW. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. THERE 4 o Compatibility with adjacent properties and other properties in the district. NATU~F %ITIONER O]~ ~GEN-T' DATE ' -2- AUG 6 1997 .,. _/f __ being duly sworn, dePose and sat that I am the owner of the property'described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. understand this application must be completed and accurate before a hearing can be advertised. I further permit - (AGENT'S NAME) to act as my representative in any matters regarding this petition. State of Florida County of Collier SIGNATURE . The foregoiffg ~%greqment Sheet was acknowledged before me this personally Known ~o ~u= ~ .......... --- - -- NOTARY PUBLIC co~ission ~ ~ ~W My Commissioh Expires: (VAL-~K/E $. STOLL B0nd~ By $cr~ce ~-, No. CC44146~ -1- AUG $1997 ..2d . State of Florida County of Collier , .The forego~ng_~greement Sheet was acknowledged before me - P y ~6 n/to me ~ ..~_-_ ~r_~__,cad , _ who is (Si~ature of ~ota~-~dblic) ~OT~Y PUBLIC Co~ission ~ ~ ~ /~ VALERIE' k $TOLL My Cc, rem F=p. 4~0~9 No. CC441465 -2- Purse Associates, inc. Ma~ 7, 19~7 R~N~o 2800 N. Horseshoo ~ Naples, Florida 341O4 RE: Cenditional Us~ No. CU-9621 Per our discussions tl~ own~ of P,.H of Naples, Inc. is P, otmt S. Ham'y. I trust ~ is the inforn~tion that AUG ~) 6 1997 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING CONDITION~j~ USE 'l' IN TRE "A' RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY L~D DEVELOPMENT CODE ~OR PROPERTy IX)CATED IN SECTION 7, TOWNSHIp 51 SOUTH, RANGE 27 F2%ST, COLLIER COUNTY, FIX)RIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations m~de and provided, and has considered the advisability of Conditional Use 'l" of Section 2.2.2.3 in an "A" Rural Agricultural zone for earthmining on the property hereinafter described; and WHEREAS, all interested Parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered ali matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEJtT, S of Collier County, Florida that: The petition filed by Geoffrey G. Purse of Purse Associates, Inc., representing R.H. of Naples, Inc., with respect to the property hereinafter described as: Exhibit "A" which is attached hereto and lncoz])orated by reference herein be and the same is hereby approved for Conditional Use 'l' of Section in accordance with the Conceptual Master Plan (Exhibit to the and subject following conditions: a) The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b) The excavation shall be limited to a bottom elevation of -13.6 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -4.0 ft. NGVD. c) Off-site removal of material shall be subject to the 'Standard Conditions" imposed by the Transportation Services Division in a memorandum dated 5/24/88 (Exhibit "D#.) d) In order to ensure a minimum of eighty percent (80%) coverage of the littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code Section 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. e) All provisions of Division 3.5 of the Collier County Land Development Code shall be adhered to. f) Where groundwater is proposed to be pumped during the excavation operation, a Dewatering Permit shall be obtained from the South Florid· Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. g) No blasting will be permitted unless the petitioner of this prpJect is issued a separate permit by Collier County Engineering Review Services. ' h) If trees ara to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Division 3.9 of the Collier County Land Development Code shall be obtained from Collier County Planning and Technical Services before work shall commence. i) A 20 foot maintenance easement shall be provided around the perimeter of the lake and · 20 foot access easement to it shall be provided from a right-of-way. The easement shall be accessible to all maintenance vehicles. Said easements shall be established prior to initiating any mining activity. No offsite hauling of material shall coa~ to issuance of a Collier County Right-of. The following shall be · condition of the Way permit: -3- J) AUG 2 6 1997 1) The Maretee Road shall be constructed pursuant to the excavation permit plan of record. Said improvements shall be made prior to initiating any mining activity. 2) Maretee Road sub-base shall be stabilized prior to initiating any mining activity. 3) The intersection of Greenway Road and Maretee Road shall be paved to at least County minimum standards to the eastern right-of-way line of Greenway Road. Improvements at U.S. 41 and Greenway Road shall inc[ude left and right tur~l lanes. Evidence of FDOT'S intent to issue a permit prior to initiating any project related activity. Said improvements shall be made prior to initiating any mining.~ctivity. 4) During the eart~mining operation, Greenway Road shall be maintained by the petitioner to the satisfaction of the Collier County Transportation Services and Development Services Divisions based on standards normally applied to County maintained roads. 5} Upon completion of the earthmining operation, Greenway Road shall be restored to its present condition by the Petitioner. k) This approval does not include any consideration for Transporting water off of the site. 1) Mining and stockpiling activities may only occur between the hours of 8:00 a.m. to 6:00 p.m. Monday thru Friday and Saturday from 8:00 a.m. to 12:00 noon. Each mining and related activities shall be terminated within three (3) years of the effective date of this development order. 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. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DHIGHT E. BROCK, CLERK BY: TIMOTHY L. HA~COCK, C~AXRtdAR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ARJO~ig H. STUDENT ASSISTANT COUNTY ATTORNEY -3- AUG 1997 Puree Associates, Inc. 14119 587-I047 Legal Description for Lake Excavation Area Based on Survey by Bruce Cn'e~n & A.t~aciat~, Inc. Portion of the Southeast i/4 of the Southwest !/4 of Section 7. Township 5 i South, Range 27 East, Collier County Florida; Being more particularly de.scribed as follows: Commence at the Southwest Comer ofsaid Section 7; Thence N. 88 04 05 W.; 1:536.61 feet; Thence N. 00 27 52 E.; 200.00 feet to the Point of Beginning; Thence N.00 27 52 E.; 978.00 feet; Thence S. 88 12 47 E.; 736.00 feet; Thence S.00 44 19 W.; 978.00 feet; Thence N. 88 040:5 W.; 736.00 feet to the Point of Beginning. UG28 1~7 L m ~mm mmm~m~.~ mm~ mmmmm, mm mm m~m '.. .. : ~,.~;;'"' ~:, .'**~.. · . .... ............. '- .~ ~ : ~ .. · ..'., . ..".. . ~ .' ~ ~' · ,. . ..... ... · ,, .- 1. E~ul ~ou~es betveen ~n excavation s~te an~ an a~terial ro~ ~esulCin~ t~c~ tra~lc. ~ere ~es~denti~l areas -; s~a1~ ~e ~e~ired as ~n~;al site i~pgovements an~ · - reco~ended for approval, shall ~ so ~ith the condition that ~ the Transportation Se~ices A~inistration rese~es the right to suspend or prohibit off-site removal of excavate~-material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Tr~sportation Services Administration shall be s~ject to appeal before the Board of Cowry Co~issioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate faJ-r share'by the.'" permittee in accordance with Excavation Ordinance No. 92-73 and Right-of-Way Ordinance No. 82-91. - Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by tho county to determinQ the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence: If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. - The Transportation Services Administra*tion reserves the right to establish ~mergency weight.limits on p~blic roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shali be the presentation of an applicable resolution before t_he Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measure to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. ' The Excavation Performance Guarantee shall apply to e~vat~on operations and also the maintenance/repair, of ~ublic roads in accordance with current ordinances and applicable permit "-' stipulations. - . AGZ.'~, ' 'r-, ' AUG 2 0 1997 B~sed on soil boring'information per 9rdlnance ~o. 92-73, a blasting permit may be appropmiate. Should a blasting permit application be submitted and should residential-.areas exist 'wi.tbih .one mile of'the exc~vati~n site,.'the County.reserves the ~right to deny'a ~lasti~g .permit based'oK concerns for off-site · impact~ f~om.bl~ttng at an excavation s~te. Should. a blasting ~l'.~e~mit be considered ~nd.a~proved, the minimum conditions of ~ ~pproval in addition to conditions per Ordinance ~o. 92-~3'are as follows: .A~ 'Structure inventory/monitoring and applicable p~operty owner release as required by the Development Director. Co Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit authority should be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effec~ of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 82-91, Ordinance No. 92-22, and Ordinance No. 92-73. Reference to letter of 5/24/88 Revised 12/92 ~ ~ AUG 0 1997 '0 EXECUTIVE SUMMARY PETITION NO. NUC-97-1, J. DUDLEY GOODLE'rI'E, OF GOOD~ COLEMAN & JOHNSON, P.A., REPRESENTING THOMAS L. AND NANCY L. GREGORY, REQUF. STING A NON-CONFORMLNG USE CHANGE FROM AN INDOOR ROLLER SKATING ~ TO A RENT~ HALL FOR LOCAL NON-FOR-PROFIT CMC AND COMMUNrrY ASSOCIATIONS, WITH A PRIMARY USE AS A BINGO HALL, ON PROPERTY LOCATI~ AT 6750 GOLDEN GATE PARKWAY FURTHER DESCRIBED AS UNIT 29, THE EAST 150 FEET OF TRACT 55, GOLDEN GATE ESTATES, AS RF.~ORD~ IN PLAT BOOK 7, PAGE 57, OF TItE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The contract purchaser (applicant) of the subject property is ~king approval of a non-conforming u.ne change in order to convert the existing roller s 'kating rink to a bingo hall. The applicant intends to u~ thc existing building and parking lot in its current configuration. The subject property is located 180 feet east of the southeast intersection of Golden Gate Parkway and 65" Street S.W. and is currently zoned "E" Estates. ADJACENT ZONING AND LAND USES: Zoning North - "E" Estates East-"E"~m~ South - "E" Estates West - "E" Estates Immediately to the north of the subject parcel is Golden Gate Parkway (4 lane arterial, 100 foot wic~ right-of- way). Further north, across Golden Gate Parkway, 01er~ are single family homes on approximately 2.5 acr~ lots. Immediately to the east of the subject property is an :mdeveloped parcel appmxima~ly 5.0 acres in size. Further east is a single family residence on 2.5 acr~. Immediately to the south of the subject property is a parcel approxi~t, ely 1.25 acres in size developed with a single family residence. Immediately to the west of the subject property is an undeveloped parcel npproximately 2.5 acres in size. To the west of the 2.5 acre parcel is 68~ Stn~ S.W. ~'~' '~-~'~' No. ~ I AUG $1997 AUG ,~ $1997 WILLIAM McALEAR PROFESSIONAL LAND SURYEYOit P.O. ~,~s ~o~4. Ixo~dm s~,ln~s. FI. E3~A~ [ln~t-29. an rocor~ed In p)ut book pago ~7 of ~l,o pub)lc recordz gounty~ Florida. NOTES AUG; 6 1~7 Backm'ound: a. bo do The subject property consists of approximately 2.5 acres and contains a single structure 16,096 square feet in size. The existing miler skating fink was originally constructed under a building permit (74-1 ! 12) within a C-2 zoning designation. Og. The subject property was rezoned from C-2 to E-Estates as part ora County wide r~.one with the adoption of the 1974 Zoning Ordinance. The County wide rezone was pmperly advertised according to the requirements in effect at that time. Over the years since 1974 the subject property has been utilized and operated as a indoor miler skating rink. The property is currently zoned E-Estates, therefore, any use of the property, other than single- family, (or an approved conditional usc) is non-conforming. This is the first request for a non-conforming use change on the subject property. CONSIDERATIONS: The applicant is proposing to convert the existing roller skating rink to a bingo hall. Accessory to this use, the contract purchaser intends to use the building as a rental hall for local non-of-profit civic and community associations. The exiting building (16,096 sq. ft.) has been the same size since its e..onstm~on in 1974. The building is positioned towards the rear of the site (south end) and the existing parking lot encompasses the remainder of thc site. The contract purchaser intends to usc thc existing building and parking lot in its current configuration. Section 1.8.6 of the Collier County Land Development Code (LDC) allows for a change from one non- conforming use (or non-conforming use and structtu-e in combination) to ~nother non-conforming usc of the same character, or to a more restricted non-conforming use, provided the Board of Zoning Appeals (BZA) finds that the proposed use is equally or more appropriate to the district than the existing non-conforming use and that the relationship of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. In permitting such change, the BZA may require appropriate conditions and safeguards. ~,_.::, ....... 2 Pg. ~o.'g~.. _. ANALYSIS: Tlxis property was approved for development in 1974 under the 1968 C-2 commercial zoning district. At that time, the C-2 zoning district allowed indoor amusements and recreational uses, including bowling alleys, pool halls and billiard parlors. The indoor roller skating rink was considered a permitted principal use. Staff analysis of the 1968 C-2 district reveals that it is comparable to the current C-4 district (with ~me exceptions). Relevant to this request is the fact that the full range of retail uses, shopping centers, lounges, restaurants, and indoor recreation and amusements, wer~ pcm~itted in the 1968 C-2 district. The building located at 6750 Golden Gate Paxkway has been ur~l as a skating rink since it was built in 1974. Current ownership/operation date~ back to 1984. Generally, the building has been used 6-7 days a week, open as early as 8:30 a~m. and closing as late as 1:00 a.m. (as well as a 'all night" skating events to benefit/V~A). A typical month would accommodate 3,500..6,500 participants depending on scheduled activities. Single sessions can bring as many as 600 participants into the building at once. In addition to those sessions, private partie~ range from 75 to 350 participants, to fill the time around the regular sessions. The skating rink also provides les~ns, competitive practice and late night sessions that run until 1:00 a.m. The front parking lot has one hundred parking ~aces as well as large drop-off areas and oversize turn-arounds. Inside, popcorn, cotton-candy, hot dogs and a full compliment of beverages are served. The applicant is requesting a non-conforming us~ change to accommodate the use of the property as a rental hall primarily for bingo sessions. It is anticipated that the bingo r,~ssions will be held seven (7) days a week wi';h matinee sessions begiuning at 11:00 a.m. and concluding by 3:00 p.m., and evening sessions beginning at 6:00 p.m. and concluding by 11:30 p.m. The anticipated attendance for the matinee s~ssions will be approximately 100 participants and it is anficip~! ~ the evening ~sion will have an av~age of approximately 200 participants. The pro~ctiv~ p~ of tho propo'ty "Airport Hall for ~ Inc.', is currently doing businera as Airport Bingo at 3400 Radio Road. Th~ current charities naming sesdons at Airport Bingo ar~: Sumet Optlmi~t, United Arts Cou~! of Collier County, Mental Health Clinic, Alliance for Childr~ David ~ Cemer, Pmjec~ Hope, HINENI of Florida and AMI. The bingo hall will also ~exve hot dog~, popoom ~md beverag~ 3 AI ZS : surrounding properties than the existing approved use, skating fink. This position is based on the following: · there will be lesser traffic associated with the proposed use; the building will be utilized less frequently with the p~ use; · a specific usc is being requested similar to and of the same character as the existing roller skating · the applicant agrees to provide enhanced landscape buffer~ where the property abuts Estates zoned · the aplr licant agrees to install only Iow level light, shielded ~o as to prevent glar~ on neighboring properties; and, the applicant will be required, through the site development review process to make ~it~ improvements which will improve the appearance of the building, ~ignage and landscaping and will improve traffic flow and pedestrian access and ensure compliance with all building and life safety FISCAL IMPAC'r: This amendment will have no fiscal impact on the County. All costs associated with any necessary improvements will be bourne by the property owner or tenant(s). GROWTH MANAGEMENT IMPACT: A request for a change of non-conforming use, when granted by the Board of Zoning Appeals is lYzrmitted by the Collier County Land Development Cod~ ami is deemed conzistem with the Collier County Growth Management Plan and Golden Gat~ Master Plan. HISTORIC/ARCHAEOLOGICAL IMI~AC~: Staffs analysis indica~cs that the pcfifioo~s property is iocxted outside an m~ of histmic~l ~md ._a~. ha .e~logical probability as refm:med on fi~ o~ Collier CouaIy Pmbabi2ity Map. Therefore, no Histoncal/Amhaeologic. ai Survey ~md A.~mam~ i~ nNuir~ 4 AUG g 0 1997 STAFF RECOMbiENDATION: That thc Board of County Commissioners approve Petition NUC-97-1 subject to thc stipulations conta/ncd in the Resolution of Adoption. PREP,f~D BY BRYAN M~LK PRINCIP~ PLANER REVIEWED BY: ROBERT J. MULI~RF~ AICP CURP~NT P~,A~ ~'~A~, ~ DONALD W, ARNOLD~ AICP VINCENT A. CAUTERO, ADMINISTRATOR DACTE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. NUC-97.1 EX SUMMARY/md 5 AUG ~ 6 1997 I~ON-CONFORKING U~B CHANGE ;~PPLICATION Naples, FL 34103 T~"PHONE435-3535 OWNER'S NAME Thomas L. 'Gre$ory and Nancy L. Gregory OWNER'S ADDRESS 6?50 Golden Gape PsF~w~¥ .. Naples, FL 33999 TELEPHONE 263-3488' LEGAL DESCRIPTION OF SUBJECT LOT TOWNSHiP 49 South RANGE 26 East' ADDP~E$S OF SUBJECT PROPERTY: 6750 Golden Gate Pargway EXISTING ZONING AND LAND USE: E-Estates; Commercial Use as skat~n? with accessory uses. LOT(S) East 150' of Track 55 30 ADJACENT ZONING AND LAND USE: ZONING LARD US£ E-Estates S. E-Estates E. E-Es=a:es W. E-Estates Golden. Gate Park~ay/Resident~a! Res~dent~! _Mini-Mall (Co,mmercfal% TOTAl.. SQUARE FOOTAGE OF PROPOSED NOI~-CONFORHING USE _16,100 sc~. ft. TOTAL NUHB~ OF.PARKING SPACES EXISTING ON SITE I~0 .. TOTAL .NUHB1ER OF PARKING REQUIRED FOR PROPOSED NON-CONFORMING USE Approxtmatel]~ I~0" I~ THIS REQUEST PROPOSES A ~J~BER OF I~S$IBLE NON-CONFORmING USES, LIST ALL USF~ FOR WHICH YOU ARE REQUESTING APPROVAL FROH THE BOARD OF ZONING APPEALS. Rental hail to local non-for-profit, civic and com~unity associations use as bingo ~ames. HOURS OF OPERATION FOR I~.OPO~D NON-CONFOTQiING USE(S) 9:00 a.m. - 11:30 p.m. SECTION 1.8.6, _CHANGE IN USE, OF TH]~ COLLIE COUNTY LAND DEVELO~ CODE, ORDINANCE 91-102, ~r.T~S FOR A CHANGE FROH ONE NON-CONFOP/~ING USE TO ANOTHER, STATING THE FOLLOWING: If no structural alterations are made, any non-conforming use of a structure, or of a structure and pr~mises in combtnat£on may be changed to another non-conforming use of the same character, or to a nora restricted non-conforming use, provided the Board of Zoning Appeals, upon appl~cation .to the Site Development Review Director, shall find after public notice and hearing that the propose~ use is equally or more appropriate to the district than the existing non-confor~ing use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring pro~erties will not be greater than if the existing non-conforming use is conti~ued. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with tha intent and purpose of this Code. PLEASE PROVIDE A NARRATIVE STA .TEHENT ~XPLAINING EXACTLY WHAT YOU ARE 'PROPOSING/REQUESTING VIA THIS PETITION. AS A PART OF THIS NAKRATZVE · iTATEHENT, YOU HAY CHOOSE TO PROVIDE IN~O~~ b-0PPORTING THE ~SE THAT THE NON-CONFO~ USE BEING ~ IS SIHILAR ~N CaARACT~a (OR L~ss IFr~S~ IN CHARA~) TO THE PREVIOUSLY EXISTING/APPROVED NON-CObTFOI~iING USE. ADDITIOH~T.T.][, PLF, I~E PROVIDE INFO~TION/~ATION SUPPORTING THE PI~EHI~ .THAT THE PROPOSFD NON-CON~O~G USE 'IS EQUALLY OR ~IORE APPROP,IrFx'rE TO THE DISTINCT THAN THE EXISTING (PREVIOUSLY APPROVED) NON-O~r~ING USE AND THE ~TION OF THE STRUCTURE TO SURROUNDING PROPERTIES IS ~UCH ADVERSE EFFECT(S) ON OCCUPANTS AND NEIGHBORING PROP~ES WIL~ BE GREATER THAN IF THE ~xISTING(PREVICN~SLY APPROVED} NON-CO~ USE IS COh'~'~u~ (ATTACH ADDITIONAL PAGE IF NECESSARY). The PetiKion requests a change in Non-Conforning Use to accommodate the use the property as a rental hal! primarily for the conduct ~f bingo sessidns be offered co loca! non-for-profit civic and commmity associatio~s. Ztfts anticipated chat the bingo sessions vtl~ be held seven (7) days a week with ~atinee sessions beginning at I1:00 a.m. and concluding by 3:00 and evening sessions beginnini at 6:_00 p.m,_.a~ co~cludinl by 11:30 ~,m. _~b~ anticipa~ed attendance for the ma~tne~ s~sstons viii ~ thee property. ^ir~ort Hall for.H_Lre. Inc.. Ss ~,,rr~nrlv doin! business a~ .Airpor~ Binto at 3100 P~dio Road. ~he current charities runnine sessions ~ental. Health Clinic, Alliance for Children, David La~rrence Center, Pro~ect Hope, HINENI of Florida and AHI. There is currencly s waiting list of local charities who wish to avail themselves of the rental hall and it is anticipated that this larger facility will enable the purchaser of the property to acco~odate those additional local chari~ies. The Non-ConforminK Use_reoues~ed in this to the existing Non-Conforming Use of the_prope~t? as an indoor ska~in~ rink. Further, the prop~sid ~on-Conformin~ Use ~s a ~o~e appr_optiate use to the .zoning district than the existinR skat{ni rink.f}filitv, ~inallv. since no expansion of the existini scructure is contemola~ed, t~ere will he no a~dverse effect occasio~ed upon the nelehbor~ approval of this Non~Conform{ne Use · ...:..£ : ..... .; .... : .~....: '....'_'~;",~.' · ... '.. '~' AUG g tht tbovc p,'op~'~, to file with ~h, Co,or CMm~ ~.ommLr~on for re.zoning of izl{I prupt~.. ; 0Pl09S o~ol3r 0.0.8 81' 2 9 8 ~t AUG -J I'N t2, 27 OR BOOK, PAGE C~UIF..R ~TY RCCORC~ Iff ZI~Q by t~ ~tze~y, o~ ~he C~ty of Collier, S~te of CL~ o~ Trench, C~fl~y o~ _, Sta~ of MLch~ofl~ Griflte41. T~ s~td Granite, fc~ a~ ~n c~sid~rl~l~ og t~ SU~ ~ rescrictiofls, re~actofls record, m~ taxes for ~984 a~ SubS~en~ A~ Sal~ Graflto~s do ~reb~ fvlly vir=aflt ~e title to la~d land, i~3 v~ defe~ ~h~ sam a~a/nlc the lawful cla~ of all parsons w~mi~ver. I~ ~IT~S ~, G~J have br~fl~ ~n ~ presen~ OL~ ~s~-t.O- ~ot b ~_.~atures AM1TA L AUG :Z $1997 '" '!OR 600F." ' [rASE STAT?:. OP FLORIDA, I ~XE~ ~IFY th~ on ~4 day ~c:e M, au officer MX~ ~ o~ ~XTA L. P~Z~ doac~d An and ~ ex~ ~ S~tm Xm/t mform~14 thts /~ day o~ ~..,...:;..j ~ ~y C~ston Zrptre~s ~ - / ~ ~ZCI .' o ;' :,-'.: '~' John P. CardilXo, Naples, ~ 33~S2 [11~ 774-2229 Du,:.,~,o,y SJon'~p Tax C.~I~F CcsJflly. Flc,,'k4a AUG 2 6 1997 THIS SCHEDULE EFFECTIVE THURSDAY, NOVEMBER R. d OA IS~ST DAY OF NOVEMBER) NAPLES SKATERY, INC. 6750 Golden Gate Pkwy., Naples, Rorida 33999 Phone 263-3488 SKATERY "EVENING" PROGRAMS 'Asterisks Denote Discounts 1. Sunday *Ladles Skate 6:30 · 9:00 p.m. $2.50 2. Monday Christian Music Skate 6:30 - 9:00 p.m. $2.50 3. Thursday .*Adult Skate 7:30.10:00 p.m. 4. Friday.' Cheap Skate 6:30 · 8.'~ p.m. $*..25 5. Friday Late Skate 8:30 · 11:00 p.m. $2.75 6. Saturday Cheap Skate 6:30 · 8:00 p.m. $1.25 7. Saturday Late Skate 8:30 - 11:00 p.m. $2.75 SKA TERY "DA YTIME" PROGRAMS 8. Sunday *Family Skate 1:30 - 3:30 p.m. $2.25 9. Monday 'Scout Skate 4:00 - 6:00 p.m. $2-{~ 10. Wednesday *After School Skate 4:00 - 6:00 p.m. 11. Thursday Pta. School Skate 10:00 a.m. - 12-'00 p.m. $2.00 12- Thursday *'N.T.O.' Skate 1:30 - 3:30 p.m. $2.00 .~13. ~aturoa~,, Matinee Skate 1:30 - 3:30 p.m. $2.25 NOTE: SKATE (IF NEEDED) ALWAYS 75e PER PERSON RENTALS SKATER Y "DISCOUNT" INFORMATION 9 *Scout Skate 10 'After School Skate 12 *"N.T.O. Skate" 'Asterisks Denote Discounts Note: Friday and Saturday evening stay over rate $2.25 (with or without skates) I * Ladies Skate Ladies of all ages (younger or older) $1.00 Off Gentlemen welcome at regular admission of $2.50 3 *Adult Skate ~.8 years and older (with picture I.D. if requested) $1.00 off A~I others welcome at regular admission of $2.50 8 *Family Skate First person In fcmlly pays regular admission of $2.25. $1,00 off regular admission for each additional family member (Note: "Family" -- Mom, Dad, Sons, & Daughters) All others welcome at regular admission of $2.25 All Scouts (Girls or Boys) wea. ring uniform $1.00 Off Students bring report card for discounts. (A = Free Admission; B Reg. Admission) All others welcome at regular admission of $2.00 40 years and older (with pictured I.D. If requested $1,00 offg all others welcome at regular admission of $2.00 -- ASK ABOUT SKATERY $20.00 BARGAIN TICKET -- NOTE: I0~ Snack Bar Tickets are non-refundable and non-returnable, but can be used "anytime" the Naples, Skatery Snack Bar ia Open ~ I~. "Have Fun. Roller Skate';~T-~-NAPLES SKATi~RY~$1~ NOTE: MANAGEMENT RESERVES THE RIGHT TO CHANGE ISCHEOUt.E . 6750 Golden Gate Pkwy., Naples, Florida 3399g UNDER NEW OWNERSHIP GRAND OPENING CELEBRATION Night Before Thanksgiving Wed., Nov. 21st 8 to 11 P.M. FREE Beverage FREE Skate Rental DOOR PRIZE EVERY V= HOUR TOP-FORTY MUSIC ADMISSION: $3.00 SKATE RENTAl. FREE Thanksgiving Night Thur., Nov. 22nd 8 to 11 P.M. "Dollar Deal" THAT'S RIGHT! SKATE A FULL 3 HOURS FOR THE LOW LOW ADMISSION OF o.~ $1.00 ~o.-~o.~..~,c ADMISSION: $1.00 SKATE RENTAl.: 75e Day After Thanksgiving Fri., Nov. 23rd 11 A.M. to 4 P.M~ "All Day Skate" School's Out Skaters so spend the day at the "Skatery" TOP. FORTY MUSIC ADMISSION: $4.25 SKATE RENTAL: 75g NO SPECTATORS EXCEPT PARENTS --. NO CASH REFUNDS -.. NO PERSON-L CHECK "/'/ave Fun .- Roi~er Skate" AT THE NAPLES 1. WEdnesday 2. Wednesday 3. Friday 4. Friday :5. Saturday 6. Saturday 7. Saturday Saturday Y. Sunday l~unday SKATE '1 NAPLES SKATERY, INC. 6750 Golden Gate Pkwy., Naples. Florida 34105 Roller Hotline: 2.._,,63-3488 This Schedule Effective Monday, Febuary ~3, 1997 SKATERY EVENIN PRO S Evening Wacky Skate (Odd Dates Ladies $1.O0-Even Dates Me, $1.00) .,6:00 - 8:00 p.m. * STAYOVER For Next Program Only $3.00 i, With or Without Skates) Evening ., Late Skate (On/)' Ilqmen School's Out o, Thursday) 8:30 - 10:30 p.m. Evening Early Skate (No Discount On This One) 6:00 - 8:00 p.m. , ST..%.YOVER For Next Program Ont.'- q3.00 (With or Without Skatesl Evening LatE' Skate ' \',' Discount On 'lhis One) 8:30 - 10:30 p.m. ' 6'00 - 8:0~ pm. Exenin- ~ .....Skate ~ Vo Di$cotmt On This One) * STAYOVER For Next Program Only S3.00 (With or WM',out Skates) * Evening Late SKate (No Discount On This One) 8:30 - 10:30 p.m. SKATERY "AFTERNOON" PROGRAMS ~:oo. ::oo p.m Afternoon Earl'.' Matinee Skate (Group Rates .4vatlar, le~ ,, :< ~' xY,:)'VER For N~. ~ Program Only e-.3.0O iWith or Without Skates) M'ternohn Late Matinee Skate {(/:',,t:F Rdtes .4~, " - .. r.'..YC}VER For Next Program C. nly 53.00 (With or Wi~hom Skatesl ' Aflcrnnou Earl,,' Matinee Skate IGroltp Rotc.~; .4var:able} 1:00 - 3:00 p.h:. · STAYO".'ER For .'qcxt Program On!y 53.00 I%,%,'ith or Withom Afternoon Late Matinee .%...::: tGro,p ]¢~ltt$ .4vailahl('l 3:5'1 - 5:30 p.m. E .NOT[: SK..:,'rE RENTALS (IF .NEEDED} ALWAYS $1-*,q} PER PERSO.' -'1 ..... SKAT"ERS NIONEY SAVERS----" WEDNESDAY WACKY SIC&TE W.I:.DNU';DAY o:0o TO 8:00 p.m. ADIES .~;L~T}'. :'01', SI.00 on 'ODD' cah.'M,:r Xl£.~; SKATF. FOR SI.00 on 'EVEN' cai,.'rd,.'r dales. ILadi,.'s welcome al r¢-..,u ........ ' 51311 Skate Rental P~r Pcrsan if .Needed WEDNESDAY BARGAIN S3.50 S3.5C Sa.St S4.5~ 53.5~ LATE SKATE IOnly w,.,:..,chooi s Our on Thursday) WEDNESDAY 8:30 TO 10:30 Admission :$3.50 ~!.50 Skate Renlal Per Person if x.e*nled (O::ly whet, School's Om on Thursday) I TICKET 8 ADMISSIONS FOR ONLS' S2u.0u Good any I':.biic tln,!n'idmd or F.'md)' nsc Onl)'~ Noze: SI-'''Il Skate Rental Nut lncla& - SAFETY POLICIES .... · oo .~OT S~CATE I.X CF.Xn'ER OF RIN~ UNSAFE, ~ ~ ~ ~:dlJ)__Q-Q-!~ ~ ~ MAY NOT BE USED AT THE SKATERY. SKATE OLFTSIDE HEAVY TRAFFIC LINE. · No CH,,SING OR ~LAVlXC TAC. NO FAST. CARELESS OR OTHER . DO NOT SKATE AGAINST TRAFFIC. DISRUPTIVE SKATING ALLOWED. . DO ,~OT STOP. STAND, OR WALK ON NO HATS. SUNGLASSES, PURSES OR CAMERAS ON , · NO CHEV~ING GUM AN~q ~~ [--'-"~--~--~D_r'FT JTt")I~.~ Ek'CEPT P IR/:::~ t.) - tv~J ,-,.,.., ....... ___.._..._.___ ,~, o~,- ..................... -- ..... ~ · 13ROU< ~ ------ - .. ooR ~E'~E~oEs .,.,A', .E L--'~ ~ ~'.?~:, , E - ~,o ~oo SNACK AREA ~3,1Tit FUN FOOD AYr~ILABL M )T1-2 "Have Fun -' Roller Skate" AT THE NAPLES SK. ATERY', INC. MANAGI".MENT RI-:SERVI:-S TllE RIGIlT Tt) LllAN¢;E .':A'IlI".DL'LE AND I"E CO~' LOP,MENT SERVICES DIVI$IO~ COLLIER COUNTY GOVER~IEN~F 2800 NORTH HORSESHOE DRIV'~ PLANNING SERVICES June 3, 1997 NAPLES. FL 3.3942 (941) 64:5-8400 A C£R'T1FI£D BLU£ CHIP COMMUNITY J. Dudley Goodlette, P.A. Northern Trust Bank Building 4001 Tamiarni Trail North, Suite 300 Naples, Florida 34103 Re: 1-97-2, Request for LDC Interpretation regarding non-conforming use slams and intensity of proposed use of property located at 6750 Golden Gate Parkway Dear Mr. Goodlelte: This letter is in response to your request for interpretations correspondence dated May 2, 1997. Staff is of thc opinion that the existing use "indoor miler skating~ located at 6750 Golden Gate Parkway is a legal non-conforming use. Staffs research indicates that a building permit was issued for the miler skating rink in 1974 (Permit No. 74-1112). At that time, the subject property was zoned C-2 pcmnitting indoor amusements and recreational uses, including bowling alleys, lxx~l halls and billiard parlors. The indoor roller skating rink was a permitted principal use at that time. However, a County wide zoning change occurred after thc roller rink was developed, rczoning the property from C-2 to Estates. This action alone caused the usc to become legal non-conforming. As far as determining whether the proposed use (rental hall az~d bingo pm'lot) is considered more or less intensive than the roller skating rink, Section l.g.6 of the Collier Coumy Land Development Code slates that "Ifno stnaclu~ alterations are made, any non-conformin.o us~ of a structure, or a structure and pre~!~s in combination may b~ changed to mother non-conforming use ofthe same charactel', or to a more rt~o'icted notl-conformin~ use, provided the boalxl of Mr. Goodlette June 3, 1997 Page Two zoning appeals, upon application to the development services director, shall find m%'r public notice and hearing that the proposed use is equally or more approlniat~ to Ibc district than th~ existing non-conforming use and that the relation of the slxuctu~ to surrounding properties is such that adverse effect on occupants and neighboring properties will not b~ greater than if th~ eadsting non-confo.nning use is continued. In permitting such change, the board of z~ning appeals may require appropriate conditions and safeguards in accordance with the intent hnd purpose of this code." In reviewing this criteria, staff is of the opinion the proposed use (rental hall and bingo parlor) is not necessarily more or less intensive, but can be viewed similarly with and in the same character as the indoor skating Hnk. Therefore, submittal of a non-conforming use change in acco~ with Section 1.8.6 of the LDC shall be used to formally detennin~ ffthe proposed use is equally or mo~:e appropriate to the district and is of the same character (intensity) as the indoor roller skating Applications for non-conforming use change petitions cost $425.00 and require approximately. 60- 90 days to complete. IfI can be of any further assistance, please call 403-2400. Sincerely, Planning Services Department Dir~lor DWA/BM/md/SKATI~G RINK LEFFER David C. Weigel, County Attom~ Vincent A. Cautero, Adminismmn Community Dev. & Environmental Sws. Robert Mulhere, Current Planning Manager Barbara Cacchione, Comprehensiv~ Plarmh~ Manager AUG 2 $1997 .. ~.~ ~Y 2! '97 9:2~ FR COLL!£p I- / H~Y 2'1'37 9:29 F~ COLLIER CHTY PPOPE~TY 41 774 207! TO ~4502~G P.02/02 mE] AUG 2 6 1997 WHEREAS, the Legislature of the State of Florida in Chapter 125, ~ Florida Statutes, has conferred on all countlls in Florida the power to z0 establish, coordinate and enforce zoning and such business regulations as il are necessary for the Protection of the public, and WHEREAS, the County Pursuant thereto has adopted a Land 1] Code (Ordinance No. 91-102) which eetlblilhes regulitions for the zoning 14 of Particular geographic divisions of the County, among which Il the is granting of requests for non-conforming use chenges, end WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted board of the area hereby affected, has held a public hearing 1l after notice as in said regulations made and provided, and has considered l~ the advisability of a change to i rental hall for local non-for-profit 20 civic and con~nunlty associations, with a primary use as a bingo hall in 21 an 'E" Estates Zone for the property hereinafter described, and hal found 22 as a matter of fact that satisfactory provision end arrangement have 2] made concerning all applicable ~ttera reguired by slid regulatioPs andS~ 24 in accordance with Section 1.8.6 of the Land Develo~ent Code for the 2s unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be 2~ beard by this Board in public meeting assembled and the ~oard having 2! considered all matters PreSented, NO~, THEREFORE, BE IT RESOLVEO BY T~E ~OARD OF ZONIHG APPEALS of 30 Collier County, Florida,: that The Petition Nu~fl~er NUC-9?-l filed by J. Dudley Goodlette, 33 representing Thomas L. Gregory and Nancy L. Gregory, with respect to 34 the property hereinafter described East 150 feet of Tract 55, Golden Gate Estates Onit 29 as recorded in Plat Book 7, Page 57 of the ~ublic Records of Collier County, Florida. -1- 1997 11 14 17 18 19 21 :*2 27 m be and the same hereby Is aPprOved for a rental hail for local non-fo=- :* pgof/t civic and community associations, with · pt/mary use as · bingo 3 hall in the "£~ Estates Zoning D/strict wherein Said property is located 4 subject to the following Conditions: a. Alcoho21c beverages are prohibited on-site. b. Hours of operation shall be l~lted to: 9:00 A.N. untl! 11:30 P.N. c. La~ds¢&ped buffers shall be provided ·round the boundary of the subject site in accordance with Division 2.4 o~ th~ Collier County Land Development Code (LDC). L~ndscaping shal! ·leo be PrOvided internally to the greatest extent possible. d. The sub~ect building, signage and lighting shall be brought into compliance with al! applicable provisions of Division 2.$ and Diu£s£on 2.8 of the LDC. e. The above site improvements she1! be required through the Site Development Rev£e~ process in accordance with Division 3.3 of the LDC, prior to the issuance of · certificate of occupancy. BE ET RESOLVED that this Resolution relating to Petition Nu~ber NUC-9?-I be :ecorded tn the m/nutes of this Board. This Resolution adopted &fret motion, second and majority vote. Done this _ __ day of ATTEST: _, 1997. I:~IGHT E. BROC~ Clerk BOARD OF ZONING APPEALS COLLIER COUNT¥~ FLORIDA 31 3:* 33 34 35 ~ ~ar~orte N. Student -- ]? Assistant County Attorney 41 TINOTHy L. ~u~COCK, Chairman Approved as to Form and ~egal Sufficiency: -2- AUG g 6 1997 To grant final acceptance of "Windsor Place at Berkshire Lakes. CONSIDERATION ~ 1. On June 2, 1995, the Board of County Comnttssioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Windsor Place at Berkshire Lakes.. 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney,s Office. A copy of the document is attached. FISCAL The roadway, drainage water and sewer improvements not required to be maintained by the project,s homeowners association will be maintained by the County Transpor~ationDepar~ment and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. 91tOWTHM~ __T~D_ACT, None AUG 2 $1997 EXecutive Summsary Windsor Place at Berkshire Lakes Page 2 g , ter ~d s -P of Place at Berkshire La~... .... ewer ~r~e~nts in .w~.~.-- ~ u~= ~lntenance se~rity. 1. Authorize the ~airman to exerts the attached resolution authortztng.fi~l acceptance. 2. Authorize the release of the ~intenance se~rity. P~PARED BY: Jo~ R. Hould~wo~h, sehior Engineer q'zq-qq ~gineering Review - D~te REVIEWED BY: ~gtneertng Review M~ager Date Pla~in~/~ices Director r- ate - ¥ v. ~d Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION JRH:ew C~NT NAPI T~S GOLDEN ~IT 3 GATE c-*, 3 GAT6 I 2 4 5 6 ? 9 lO il 12 13 14 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 39 40 41 42 43 45 47 48 49 56 57 RESOLLTFION NO. RESOLUTION AUTHORIZ~G FINAL ACCEPTANCE OF THOSE ROADWAY, DRAL~AGE, WATER AND SEW'ER IMPROVEMENTS IN ~SOR PLACE AT BIH1KSH1RE LAKES. RELEASE OF ~ MA_NTENANCE SECURITY. AND ACCEPTING THE ht~IdlqI'ENANCE RESPONSIBILITY FOR Tile ROADWAY, DRAINAGE. WATER AND SEWER IId?ROVEMENTS THAT ARE NOT REQUIRED TO BE I~&bN'TAIlqED BY THE HOMEOWNERS ASSOCIATION. WI-IEREAS, the l~m.d of Com~ Commissionen o f Collier CountY. Fkxida, on October 10, 1994 ~.oved lira pl~t of W'tmism Place at ~"tt:sl~m ~ for recording; and ,O requiz~l by the Land Development Code (Collier Ccamty Ordinance l~k). 91-102. as ~ and thc Utilities Stm-~dm'ds m-.d Precedings ~ (Collier County Ordinance 1~o. 97-17. and W'r[EREAS, the dcvclopet has no,&' rcquested final accciCancc of Lbo roadway, dr'ai~L'c, watc~ az~d scwcr improvcmcnts and r~Icase of Ms maintenance sccurity', and W1TE~, ~e Compli~ce Services Se~oa oft~e Develo~mem Se~'ices ~ l~s insTecte~ ~e m~w~y, ck'~i~ge, ~ ~z~ sewer improvemen~ md is recommending accep~nce of said facilities. NOW. THEREFOKE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUI~'TY, FLORIDA. th~! tmal acco-prance be granted for Ihosc roadway, drainage, water and sewe~ in:5~ro,'cmcnts in Windsor Place at BcTkshire Lakes, ~nd aut~odzc ~c Clod; to r~l~.se I~c m~,,~n~nc¢ secu~ty. BE IT i:URTHER RESOLVED A.\'D ORDERED that thc County accept thc futu~ maimeaance ~d other attcndant costs for the roadway, drainage, water and sewer improvements that arc not ratulr~l ~o be maintained by ~e bommw~s ~ssoci~ion. This Resolution Moptcd after mofiea, second ~nd m~jm'ity vote favoring same. DATE: A'ITEST: DWIGHT E. BROCK. CLERK Appn~e4 u to Corm sufficiency: / BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIDA By:. TL~O'n-~ L HANCOCK. AUG 2 6 1~97 ~ TO ~ THE FINAL PLAT OP "~LICAN &TRAND REPLAT - 2" To approve the final plat of "Pelican Strand Replat - 2", a subdivision of lands located in Section 18, Township 48 South, Range 26 East, Collier County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Strand Replat - 2'. 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 'Pelican Strand Replat - 2, 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. FISCAL X~ACT, The fiscal impact to the County is none. The project cost is $123 559.25 to be borne by the developer. ' The cost breakdown is as follows: a) Water & Sewer - $35,825.00 b) Drainage, Paving & Grading - $87,734.25 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $;2,656.93 Fees are based on a construction estimat~ $123,559.25 and were paid tn Aprtl, 1997 AUG Z 6 1997 Executive Sun~ary Pelican S~rand Replat - 2 Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 . $4./ac) -$ 448.68 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.} Drainage, -$ 179.13 Paving, Grading (.425% const, est.)-$ 372.87 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, -$ 537.38 Paving & Grading (1.275% const, est-$ 1118.87 ~ROWT~MANA~E~NT IMI:A~, This project is within the Development of Regional Impact. 1/mits of the Pelican Strand "Pelican Strand ~ne~s.~pprove the final plat of - -~un the £ollowing 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 co,Dieted 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. AUG Z $ 997 I ~Xecutive Summary Pelican Strand Replat - 2 Page 3 PREPAR_WD BY: RA~IEWED BY: ring ReView ~anager Planntn9 Services Director Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION ,.ll~:ew AUG 2 6 1997 AUG 2 $1997 COLLIER. COUNTY LA.ND D£V'ELOPMEbrF CODE CONSTRUCTION ~ M,LfNTEN~ AGREEMENT FOR SUBDIVISION IM:PRO~ PR]OR TO RECORDF~O OF PLAT THiS CONSTRUCTION AND t4Afl, rr~A~CE AGRE£~4ENT FOR S~O~SlON ~R~~ P~OR TO ~CO~G OF P~T AO~ ~ ~ ~ --'~.~ ~r of.'~. ·: W? ~ ~.C co~~. a ~ ~~ ~ I. Developer ~ s~nultaneomly w~h the delivery of tMs A~zz. mc~ applied for t~ approval by the Board ora cer~tln plat of· subdivision lo be kno~ as: PELICAN STRAND TRACT 4. 2. D~vislon 3.2 oftbe Collie Com~ Land DL'Ycl4:rpn~n! Code ~OW, ~O~ ~ ~~ of~ f~o~ ~ ~ m~l s~ fo~ ~clo~ ~ ~c ~ ~ ~ ~t ~ s~e u follow: 1. D~clo~ ~ll ~ ~ ~ ~: ~ ~ ~y. s~o~ drai~e ~ ~ l~u ~ ~l~ (12) ~ ~m ~ ~te of a~o~ ofuid su~i~s[on p~t ~ ~ ~ of~ ~i~i~ ~ ~t app~ ~I ~id impr~cm~u ~ve ~cn c~plet~ 3. U~n compl~on of ~d im~u, ~ ~el~ ~ by ~ ~1~ ~ ~, ~ ~ may ~ 4. The tequ~red ~ Gall nc~ be comJa:ted complete until · sts~mcnt of mbst~g~ completion by Dcvclo~s engineer don~ wi~ the final project records ~ beth ~ to be re~ewed and apsx, ov~ by I~e Developmem Services ~ fc~ compliance v~th t~e Collier Cotmty ~ De'~lopment Code. 5. T~e Dcycl~ Scrvicc~ Dir~or shall, within fifteen (15) drys of rccclpt of the stUment of substantial c~nplcfion, eltI~, a) notif~ the I:)wel~ in writinl of bls prelimb,.ary approval of ~ ~ or b) not~ d~c Dr;elop~ in wrifinf of bls rvfunl k) S,~,,vc the obtain ~e Direc't~s appro~ ortbe tmpmvementt Ho~'v~, in no eV~M ~ the Developmcm ScrvJces l~r~'c~r rc~M l~limlnaty ~,, wd or,be imix~v~men~ if ~.y at~ in fa~ comtruc~ and subrrtitt~ for ·~,,,~I in occorda~:c with the ruqu~rtmcnts of~s A~'cmcnt. 6. The Developer shah maima~n afl requited ~ for · minlmurn puiod of ooe (!) year after l~limlna~ ~;~,,eai by th Do,~opment Serylces Dire-tot. A the one (i) year maiflMnance ~od by b D~ bes ter~ b D~ skafl pcg~m the Dcv~ dcsir, ncc shall impect the bnprovements ~ if found to be still in corn 41ance with the CoOler Cow~ I-arfd Dc~lopment Co(Se u reflected by fifwl approyul b,/d~e lkm,: AUG 2 G 1997 4) Approved &s to form nd lcpl suft'~ency: fort ?~. ~2.-?l, I ~;OM. 14~ ~0.$[, I I, 10-21-'M~ C~t)kt N.21, i !} AUG 2 $1997 WAIVER OF RO.a~D IMPAC~ FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACII2TY IMPACr FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEF_~ WATER SYSTEM IMPACr FEES, SEWER SYSTEi~I IMPACT FEES AND EDUCATIONAL FACIIATY b-~'STEM IM'PA~ FF.F..S FOR EIGHT (8) SINGLE ItAM~,y HOUSES TO BI: BUILT BY IMMO~LEE HABITAT FOH HUMANITY, INC. IN NAPLES MANOR LAKES AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioner~ author/ze the payment of impac~ fees and to appropr/ate the funds for the wa/vet of Road Impact Fee~, L~i~, System Imp~-~ fee~, P~ *nd Recreational Facility Imp~'t Fees, F.m~:~-y Medical Se~-ice~ Sy~,~m ~ Fee,, Educational Facility System Impact Fees, for ~ghl (8) houses to be built by Immokalee Habitat for Hurnanity, Inc. with funds from the Affordabl~ Housing Trusi Fund, Fund 191. CONSmF. RATIONS: Immokalee Habitat for Humanity, Inc. has submitted application for wa/vet of impact fee~ for the purchasers of eight (8) houses to be built in Naples Manor Lakes that will sell to very Iow income families for approximately $46,500 each. The homes will be built on the following de~'ribed properties. Lot 15, Block 12, Naples Manor Lakes, Plat Book 3 at Page 87 Lot 16, Block 12, Naples Manor Lakes, Plat Book 3 at Page 87 Lot 17, Block 13, Naples Manor Lake% Plat Book 3 at Page 87 Lot 18, Block 13, Naples Manor Lakes, Plat Book 3 at Page 87 LOt 19, Block 13, Naples Manor Lakea, Plat Book 3 at Page 87 Lot 20, Block 13. Naples Manor Lakes, Plat Book 3 at Page 87 Lot 1 $, Block 7, Naples M~or ~ Plat Book 3 at Page g6 Lot 19, Block 7, Naples Manor L*~,.~_, Plat Book 3 at Page 86 requir~m~ts under tbe ! _~ml~c~ Fe~ W~iver Ordimm~ ~, v~ low income, tim time home b~ to qualify for Affordable Housing ~ Fee Wsive~. Fundhg for the pwposed ~ fe~ waiver ia nva/lable in the Affordable Houdng Trust Fund, Fund 191-138785. The total amount of impact fees reque~ to be waived ia $49,356.16. Executive Summa~ Naples M~nor Lakes Page Two Imp~-t fee ch.-wges for thc eight (8) houses in Naples Manor Lakes would be itemized follows: Llnit ~ a) Library Systcm Impact Fe~ $ 180.52 $1,444.16 b) Road Impact Fee 1,379.00 11,032.00 c) . Parks & Recreatio~ Impact Fcc 1) Community Parks 399.00 3,192.00 2) Regional Parks 179.00 1,432.00 d) Emergency Services Impact Fee 14.00 112.00 e) WaIer Impact Fee 900.00 7,200.00 f) Sewer Impact Fee 1,340.00 10,720.00 g) School Impact Fee 1.778.00 ~ TOTAL IMPACT FEES $6,169.52 $49,356.16 GROWTH MANA~NT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Homing Element of the Growth Management Plan. RE_COMMENDATION: Thai the boanl of County Commissioners approve the ~lutions and Agreements authori~inE the waiver of impact fees for eight (8) homes to be built in Naples Msnor Lakes by tmmokalee Habitat for Httmanity, Inc. for very Iow income buyers and to pay for these impact fee waive~ with State Housing Incentive Partnership [SHIP] program revenue f~nds. AUG~$1997 9 10 I1 ]2 14 RESOLUTION NO. RESOLUTION OF THE BOARD OF COLINTY COMMISSIONERS. COLLIER CObTdT'Y, FLOR. IDA, AL,'T~O~G WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM D, tTACT ~'ES, PARRS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD DVIPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED 13Y IMMOKALEE H^Ia [TAT FOR I'~q~ANTI=Y, INC.. ON LOT ! $. BLOC~ 12, NAPLES MANOR LAKES, NAPLES. FLOILTDA. 15 WHEREAS. Collier Count, has recegnized and attempted to address the lack of adequate ~d affordable 16 housing for moderate. Iow. and ve~y-low income h~u~holds in the County and the need for' creative and in~.ovative ! 7 programs to assist in the provision of such housinI ID, including se~'eral provisions tn Ihe Collier County Growlh Ig .~anagemem Plan, including: objecti~,e 1.4. polic~- IA.I; objects~.e 1.5. policy 1.52. policy 1.5.3. pohcy 1.5.4. 19 policy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3; objecti,,.e 2.1. policy 2.1.1. policy 2.1.2. policy 2.1..I. policy 20 2.1.$. and policy 2.1.6 of the Housing Element; and 21 WHEREAS. Colli~ County has received funding pursuant to the State l{ousing [nitiati~'e~ Parmer~hip 22 Program s~ forth in Section 420.907 t~ ~.g.. FloricL~ Statutes and Chapter 91-37. Florida Administrative Cod~'- and 23 WHEREAS, in accordance w~th Collier County Ordinance No. 93.19. the County is authorized Io u~e 24 funding from the State Housing Imtiati,,'es Parme'rship [SHIP] Program for wan.ers of Collier County impacl fees; 25 and 26 ~,~,'HERE^S. Immokalee Habitat for Humanity. Inc. ts seekmll a wal~.er of ~mpa¢t fees: and _2~ WHERE^S. Immokalce Habi~t f~ Humamty. Inc. wtll consist ~e (I} t~-~dr~m ~it 2g '~'elling Unit"} on Lo~ 15. Bilk 12. ~'aples Manor Lakes which ~s pm~ m ~11 fm F~.Si~ ~u~nd Fi~'e 29 Hundred ~llan (~6.5~.~): and 30 ~E~AS. t~ ~'elling Unit ~11 ~ p~ ~ a v~ Iow inco~ ~ld which is ~ui~ Io 31 inv~t a minimum of five h~r~ (5~) ~ of"Sw~t ~ui~" ~f~ it ~ins title m ~ ~ ~ 32 ~EREAS, Mr. ~rle~ C. Smi~, Vice ~id~t of immo~l~ Habi~t f~ Hu~ni~, I~.. ~in~ to 33 ~ O~ce o~ ~ousmg and Urban ~m~'e~t an Affor~ble Housin~ A~licati~ dated Jul)' I0. 1 ~7 f~ a 34 of impact fees for ~he cons~cti~ o~ a ~u~ ~ Lot 15. Bilk 12. ~aple~ Man~ Lakes. a c~), of ~id a~l~ca~i~ 35 is ~ file in t~ Housing and U~n Im~o~.~ ~t; and 36 WHEREAS, in acc~e ~ S~i~ 3.~ of ~ Reg~l Wat~ S)'st~ lm~ct F~ ~di~, 37 ~i~ce No. ~-86. as a~; ~ 3.~ oft~ Refill ~ Sy~ lm~ct F~ ~di~e. 39 a~ S~ti~ 4.05 of ~ ~ ~ ~fi~l Facfli6~ ~ F~ ~, ~ No. 8~, ~ ~; ~ti~ 3.~ o~ ~d l~ F~ ~i~e, ~ No. 92-~, u ~ ~ 3.05 41 ~y Medical ~c~ S~ im~ F~ ~i~e, ~i~ ~. 91-71. u a~ ~ ~ 3.0S of 42 t~ ~ati~l Facilities S~ lm~ F~ ~i~e, ~i~e No. 92-33. as a~ an ~1~ ~y ~m 43 a ~ix~ o~im~ct fees ~ qualif~n~ f~ a ~1i~ i~ - ! - AUG g $1997' 3 A. ~ ~iling Unit ~ ~ ~ld ~ a ~.fi~ ~ ~, ~ in Ihe A~ic~ m tM ~i~ I~ F~ ~dim~es and ~M m~thJy ~1 to ~ 6 ~il must ~ ~fithin t~ affable ~sinl ~ldeli~s eslablis~ in t~ A~ic, to 7 rcs~ctive linnet F~ ~d~. 8 C. ~ Dwcllin~ Unit s~ll ~ ~ H~ of~ ow~. 9 D. ~ ~c]linl Unit s~]i ~in iff~b~ f~ fih~ (15) ~ fr~ ~ ~ t~ ~t~ of 10 ~c~y is i~ I 1 NOW ~E~O~ BE ~ ~L~ BY ~E aO~ OF ~ ~ISS]O~ OF 12 ~ CO~, ~O~ ]3 I. ~ B~d of C~ C~isst~ ~e~ aut~zes t~ C~ M~ ~ ~ I~ which s~ll ~ cons~ed ~ Lm 15. Rl~k 12. Naples Manta Lakes. ('olh~ C'oumy. FI~ 16 2. b'~ r~eipl ~ I~ Ii,sinI ~ U~n Im~o~'emem D~r~ of an a~ fm ~'aw~ of ~um~ti~ acc~ble m ~ C~ A~, ~ ~rd of C~ C~iss~ ~ ]9 au~z~s ~ ~t ~ Colli~ C~ ott~ following impact f~ fr~ t~ Aff~ble 20 T~s~ F~d, F~ {191), in t~ foll~'ing amounts f~ ~ ~ (1) ~ ~ ~ ~ilt ~ ~t 15, 21 12, Naples M~ ~kes ~ lm~l~ Habi~t f~ lJu~m~,. 1~.: 23 B. Road Im~ct F~ 24 C. Parks a~ Re~ea~,~al F~llm~ 25 Impacl Fee: 27 (2) Reg~o~l p~ 179.~ 2g D. EMS Im~ct F~ 14.~ 29 E. ~atio~l Faciliti~ S~t~ 30 Im~t F~ 1.778.~ 32 G. Sew~ lm~ F~ 33 TOTAL IMPA~ ~ES ~ 3. ~ ~ ofim~ f~ by Colli~ C~ is subj~t Io l~ ~uti~ ~ ~li~ of~ 3~ ~ ~d ~ C~. 37 -2 - N~, ~ AUG $1997 2 ~ 3 3~ 39 41 42 43 44 45 46 47 4~ 49 $0 $1 52 ~4 ~7 $8 6~ 63 65 BOARD OF COUNTY COLI. J~t COUNTY. J~LORJDA By: Timothy L. Hancock. Chain'nan -3- ! 3 6 7 ! 9 10 ~' 13 17 19 20 24 26 27 30 3! 32 3.1 35 ' 37 39 EXII~BIT DESCRIPTION LOT I~ OF BLOC~ 12. NA/~.ES MANOR LAKES. ACCORDfNG TO THE PLAT BOOK THEREOF, AS RECORDED fN PLAT BOOK 3, AT PAGE 8'/, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. -4 - AUG g 6 1997' AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of_. 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier Count), Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance. a:: they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of'impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required 13y the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and _ ~ _ AUG261997 following: WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- ~ at its regular meeting of ,1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correc; and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the Co a° The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner;, The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to the .Impact Fee Ordinance. In return for the waiver of the impact fees owed by O~) - 2 - AUG 6 1997 OWNER covenants and agrees to Comply with the affordable housing impact fee waiver qualification cr/ter/a detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the cr/ter/a set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQLr/REMENT. The Dwelling Unit must be ut/I/zed for affordable housing for a fifteen (15) year per/od after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose dur/ng such per/od, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed Upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory Completion of the Agreement requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTy shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the pan/es to this Agreement and their respective heirs, personal representatives, successors and assig~s. In the case ofsale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run w/th the land and shall remain a ~;en against the Dwelling Unit until the provisions ofSection 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in thc Official Records of Collier County, Florida, w/th/n fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I I. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fa/Is to sell the Dwelling Unit in accordance with the affordable housing st~ ~dardl~,andJ~) - 3 - AUG II 6 1997 qua/ification criteria estabIished in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within th/ny (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification cr/ter/a in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER v/olate any prov/sions ofthis Agreement, the impact fees waived shall be pa/d in full by OWNER w/thin thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shah be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured w/thin (30) days after wr/tten notice to OV, rNER, the Board may bring a civil action to enforce this agreement. In addition, the Hen may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: - 4 OWNERS: IMMOKALEE HABITAT FOR HUMANITY~ INC. Y: / AUG 2 6 lggl DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attom~ STATE OF COUNTY or foregoing instrument was acknowledged before me this ~ day The by Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc. l*~is per~onally to me. [NOTARIAL SEAL] ,~'ature of Person Taking Ackncy(vledgment Name of Acknowledger Typed/Printed or Stamped '~'~rA.'~, o'l.,ri~C f, TA'rE. O1: ~A1 COM.~,~:~.ON NO. CC~/4,~ MY CO?.:~.~-~O:.! FX,?. MAY 3~.$¢~i ! 1997, known jcl/gm/erin,pies rn~nor lakes/agree EXHIBIT "A" LEGAL DESCRIPTION LOT 1~ OF BLOCK 12, NAPLES MANOI~ LAX.ES, ACCORDING TO THE PLAT BOOK THEP, EOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIEI~ COUNTY FLOKIDAo AUG 2, 6 1997 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1997, by and botween the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Imp.rovement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project a~ eligible for an impact fee waiver; and - 1 - AUG 2 6 1997 WHEREAS, thc COUNTY approved a waiver of impact fees for OWNER embodied in ,1997; and thc OWNER enter into an Resolution No. 97-~ at its regular meeting of WHEREAS, the Impact Fee Ordinance requires that Agreement with the COLrNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of ',he dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner;, d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is thc owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In retum for thc waiver of thc impact fees owed OW~. ~.t~ - 2 - AUG 2, 6 1997 OWI~R covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. fails to sell 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until ~id impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (i) wher: OWNER the Dwelling Unit in accordance with the affordable housing st,, :lardsH~n~ - 3 - AUG g 6 1997' qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fiReen (15) days after notice ofthe violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fiReen (15) yem' period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Count), taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days aRer written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COD'NTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COI. JN'IT. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: - 4 IMMOKALEE HABITAT FOR HUMANITY~ INC. AUG 6 1997 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM~sSIONERS COLL/ER COUNTY, FLORIDA Approved as to form and legal sufficiency Heidi F. Ashton - Assistant County Attorney Timothy g Hancock, Chairman STATE OF Florida _) COUNTY OF ~z.___) The foregoing instrument was acknowledged before me this by Charles C. Smith, Vice President of Immokalee Habitat for Hum~-~ity, day o.f.,~,,~_~,1997, to me. Inc. ~ is pergonally known [NOTARIAL SEAL] Name of AcknO~Stamped ~ : ..... ~x~' 5~M. 1 I JOAb,'N~' DALI~Ft' ,.' .... ~ ,-~-~--""? =='-__ -_. .,.. ,,'r.~,...~j id/gm/c/naples m~aor lakes/agree AUG g 6 1997 E~HIBIT "~' LEGAL DESCRIPTION LOT 15 OF BLOCK 12, NAPLES MANOR. LAKES, ACCORDI~(} TO THE PLAT BOOK~ THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAOE 87, OF THE PUBLIC RECORDS OF COLLIER COU1W'rY FLORIDA. - 6 - FOR RXC"O~ ~ FX]~s,L P~T 0~' '~API:'ItrR~ :[,A~X8 To approve for recording the final plat of "SapPhire:Lakes Unit 4B", a subdivision of lands located in Section 33 Township 49 South, Range 26 East, Collier County, Florida.' CON~ID~TI~ ~ Engineering Review Section ha ~o.nstruction drawinas .... ~. .s. completed the ~a~es Unit 4~. klL~ ' °.~=u~cations. A.~ ~__. . ~--~cw OZ the ~ · ~nese do .... ~z P~at ~and Development ~ .... _c~m?nts are in com~l~ ....... ~f Sapphire nave been paid. ~+ ~ .... ida State Stat ...... he County -- -- one ~ntent o~ the d~ei~%.~?: 177.. A~l fee~ prior to construction of the ~=~ co recora the plat ~n~unt of 110% of the * .... improvements. The ~e~ng covern~ ~- - . ~u=~+ cost of t e r .~curlty ~n the ~ my uonsKructlo h equtred i roy Th~s would be in co-~--- ~, Maintenance an~ .__mp ements is -~uxmance wlth the ,,.~.. ,__~ ~-crow Agreement Division 3 2 9 Co · · · ~ ~nu Development Code - Engineering Review Section recommends that the final plat of "Sapphire Lakes Unit 4B, be approved for recording. ~SCAL IMPAq, The fiscal impact to the County is none. The project cost is $60,347.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b} Drainage, ' $31,652.00 Paving, Grading - $28,785.00 The Security amount, equal to 110% of the project cost, is $66,381.70 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development SeZWices Revenue generated by this Project: Total: $1,$68.35 Fee. are ha.ed on a oo t ctio _ $60,347.00 and were paid in February, : .AUG ~ ~ 1997 Executive Summary Sapphire Lakes Unit 4B Page 2 ' The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $438.76 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1~7.81 Drainage, Paving, Grading (.425% const, est.)- $1~2.34 - $4~3.43 ' $3~6.01 This project is within the limits of the Green Heron Development of Regional Impact. Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.275% const, est.) RECOMMENDATIQN~ PREPARED BY: That the Board of County Commissioners approve the Final Plat of "Sapphire Lakes Unit 4B" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as ~ecurity to guarantee completion of the subdivision improvements. 2 Authorize the recording of the Final Plat of "Sapphire Lakes Unit 4B." 3. Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreement. 4 That no Certificates of Occupancy be granted unti~ required improvements have received preliminary acceptance''- John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: ~homas E. Kuck, P.E. Engineering Review Manager Conm~ntty Development & Environmental Services I bate Date AUG -1997 LA~$ ' TI'ON LOCATION MAP ':/~'..;.~ .'".' ' .; '? .C: ..': . , . iF' :~ · · :"~.:,'I.":.-~,.'F~:.~,~...-~.~ ..-,. ., ~.' '.~.. ....... .,'..~. : '.:." '.,,":'"-.: ", . NO. CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDMSION IMPROVEMENTS TI-IIS AGREEMENT entered into this _ day of ~, 1997, by ARI JOEL DEVELOPMENT, INC., a Florida corporation, (hereinafter "Developer"), THE BOARD OF COUNTY COIvlMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and FIRST OF NAPLES, a Florida banking corporation, (hereinafter "Lender"). NATIONAL BANK RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivis!on to be known as SAPPI-I/RE LAKES. UNIT B. The subdivislon will include ' · '" '; ' · as set forth in a site construction certain unprovements which are required by Collier County ordinances, cost estimate CT-.stimate") prepared by Avirom-Tolton & Assoc.. Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited lo those described in the Estimate. C. Sections 3.2.6.$.6 and 3.2.9. ! of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated ~ (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have ac 'knowledged that the amount Developer is required to guarantee pursuant to this Agreement is $66.381,7~}, and this amount represents 110% of'the Developer's engineer's esthnate of the construction costs for the Required Improvements. NOW, TI'iEREFORE, in consideration of'the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of'approval of'said subdivision plat. 2. Developer hereby authorizes Lender to hold $66.381,7~ from the Construction Loan, in esetow, pursuant to the terms of this Agreement 3. Lender agrees to hold in escrow $66.38 I.?Q from the Construction Loan, to be disbur~:d only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of'the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development .Services Director who shall approve the release ofthe funds on deix~it not more than once a month to the Developer, m amounts due for work done to dat__e based on the percentage completion ofthe work multiplied by the respective work costs less ten percent (I 0%); an.d further, that upon completion of the work, the Development Services DL, vctor shall approve the release of any remainder ofescrowed funds except to the extent of $6.034.7~ which shall remain in escrow · s a Developer guaranty ofmalntenance of the Requh-ed Improvements for a minimum period of one (1) ye_ar..p._ursuant to Paragraph l0 of the Agreement. ..... _ AGE.q [.'A AUG 6 1997 Howler, in the event t~t Dc'veioper shall fail to comply with the requirements of this Agreement, then the lender agrees to pay to the County immedia(ely upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services D/rector to the effect that: (a) Developer for more than slaty (60) days after written notification ofsuch failure has failed to comply with the requirements of this agreement; (b) The County, or ks authorized agent, will complete the work called for under the terms of the above-mentioned coatract or will complete such portion of'such work as the County, in its sole discretion shall deem necessary in the public interest to the extent o£the funds then held in escrow; (c) The escrow funds drawa down by the County shall be used for construction of'the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sust~ on account of the failure of the Developer to cany out and execute the above- mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. $. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release ofthe specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer oftbe Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. 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 Subdivision Regulations. 7. 'r~e Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either:, a) notify the Developer in ~r/ting ofhis preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required 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 requbements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Boanl, aRer duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall ma.kc the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. AUG ti 1997 i 10. The Developer r~all maintain all Required lmprovemen~ for one y~ar after preliminary aplxoval by the Development Services Director. ~ the one y~ar maintenance period by the Developer and upon submission ora writ~ r~lueat for inspection, the I)e~el~ Services ~ shsll inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by £mal approval by the ~ the Lender's r~aonsibility to the Board under this Agreement is terminated. The I)eveloper~s r~'~aonsibility for maintenance of the Requ|red Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. succes ti l'ands~rs All of the terms, covenants ~nd conditions herein cont~zd ~re ~nd shall be binding upon tt~ respectiv~ assigns ofthe Developer .~nd thn t,~nder. ~ WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly au~orized representatives this day of 19 ! , SIGNED, SEALED AND DELIVERED IN Prin,~,, d or Typed ^'I~ST: DWlGH'r E. BROCK, CLERK APl JOEL DEVELOPIVI~'NT, INC. a Florida 7 -Printed or Typed Name FIRST NATI/~NAL BANK OF NAPLES, By:. C. William Root. Senior Vice Pr~ident Printed or Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency:. County Attorney By:. A~ ~.q.~,_O'F.~ ~ AUG 2 6 COST ESTIMATES FOR SAPPKIRE LAX~S -UNlT 4B SEWER Manholes 0'-6' Manl~les 6'-8' Manholes $'-10' 8" SDR 35 0'-6' cut 8" SDR 35 6'-8' cut 8" SDR 35 8'-10' cut Double ~"rvices 8" x 6" wyes 6" cles~n ou~ 6" SDR 35 WATER 8" C-900 Fire hydrant w/g.v. Misc. finings 8" g.v. C' Co900 3' SCH 40 PVC sleeve~ Sample points NUMBER UNIT PRICE EXTENSION I $ 1,200 ea. 1 $ 1,400 ea. I $ 1,600 ea. 64 l.f. $ 12/1.£ 244 l.f. $ 16&f. 140 l.f. $ 22A. f. 9 $ 275 et 9 S 75 ea. 9 $ 250 ea. 3201.f. $ 9/!. f. Subso~ 510 1.f. $ 101.£ I $ 1,500 e& - $ 600 l.s. 1 $ 400 ea. 10 l.f. $ 8/I.£ 500 l.f. $ 7/l.f. 1 $ 150 ea. Subtotal 1,200 1,400 1,600 768 3,904 3,050 2,475 675 2,250 2,880 S20~232 S 5,100 S 1,500 $ 600 S 400 S 8O S 3,500 S 150 $11,330 DRAINAGE Catch basins 18" PRB 18" headwall 15" RCP 18" RCP 2 S 1,200 ea. 1 $ 200 ea. I S 1,000 ea. 28 S 160 S 19~.£ Subtotal 2,400 20O 1,000 420 3,040 7,060 PAVING, SIDEWALKS, SIGNS & PAVEMENT MARKING 24" valley gutter 1,045 l.f. $ 5/1.F. $' limerock w/prime 1,400 s.y. $ $.50 s.y. I 1/2" uphalt (2 lifts) 1,400 s.y. $ 4/s.y. 5,225 7,700 5,600 Subtotal $1B,$25 RESTORATION OF VEGETATION S 3,2OO Te~l for Uai~ 4B $60,347 p.~IEST TO APPROVE FOR P~COKDIN(~ THE FINO~L PLAT OF 'AUGUSTA AT I~LXCAN MAKSH' TO approve for recording the final plat of ,Augusta at Pelican Marsh', a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CO~IDERATIONz Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of .Augusta at Pelican Marsh". These documents are in compliance with the County L~nd Develol~nent Code and Florida State Statute No. 177. ;%11 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~unt of 110% of the total cost of the required improvements is being covered by Construction, Maintenance and Escrow Agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of -Augusta at Pelican Marsh" be approved for recording. FISCAL IMPACT~ The fiscal impact to the County is none. - The project cost is $179,218.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 74,816.00 b) Drainage, Paving, Grading $104,402.00 The Security amount, equal to 110% of the project cost, is $197,139.80 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3,734.76 Fees are based on a construction estimate of $179,218.00 and were paid in June, 1997. ~,.~) AUG 1997 Executive Summary Agusta at Pelican Marsh Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./) $ 463.60 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) ' $ 374.08 Drainage, Paving, Grading (.425% const, est- $ 443.71 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1,122.24 Drainage, - $1,331.13 Paving, Grading (1.275% const, est.) ~ROWTHMANA~EMENTIMPACT~ The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the county Attorney's Office for the project.. ~ECOMMENDATIO~: That the Board of County Commissioners approve the Final Plat of .Augusta at Pelican Marsh" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of -Augusta at Pelican Marsh." 3. Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. pREpARED BY: ngineer Engineering Review Date REVIEWED BY: Thomas ~. , · ' ngineering Review Manager A.' autero, d i trator Co~m/nity Develop~nt & Environmental Services Date ~s. t997 CONSTRUCTION, M.MNTENANCE AND FUNDING AGREElV~NT FOR SUBDMSION IMPROVEMENTS I ^GP E rr en,ered in,o ns ..y by A..be ,-e. (hereinagter "Devaloper), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLOR.I~A, (hereinafter "The Board") and Huntinglon National Bank of iqortda a/k/a The l=luntlngton National Bank. (hereinafter "Lender"). PREIvflSES A. Develol~r has, sinnult~neously with the delivery of~is Agreemenl, applied for the approval by Board ora certain plat ora subdivision to be know~ as: Augusta al ~ellean Manh. B. The subdivision will include certain improvements which m'e required by Collier County ordinances, as set forth in a site consu'uction cost estimate ("Estimate") prepped by Butler Engineering, a copy of which is at~ached hereto ~md incorporated herein ~s Exhibit 1. For purposes of this Agreement, the "Required Improvernen~" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division ofthe Unified Land Development Code requires the Developer to provide appropriate guarantees for the conslzuction and malmenance of the RequLred Improvements. D. Lender has entered into a land development loan agreement with Developer dated May 21, 1997 (the "Development Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the remount Developer is required to guarantee pursuant to th.is Agreement S197,139.80, and t~s amount represents 110% of the Developer's enginc~'s estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual convenants hereinafter forth, Developer, the Bo~d a~d the Lender do hereby covenant and agree ~s follows: 1. Developer will cause the water, sewer, roads, ~alrage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director of Collier County, Florida within 12 months fi.om the date of approval of said subdivision plat 2. Develop~ hereby authorizes Lender to "segregate S19T,139.80 (hereina.fier "the Funds")" fi.om the Development Loan. in escrow, pursuant to the terms of this Agreement 3. Lender agrees to segregate the Funds $197,139.80 from the Development Loan, to be disbursed only p~suant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Development Loan fund, but that onJy such funds as are actually disbuned, whether pursuant to th~s Agreement or a provision of the Development Loan, shall accrue interest. Upon disbursement of any of the Funds, to any person or entiw other than the Lender, such disbursement shall constitute a draw against the Development Loan, and shall accrue interest. 4. The Funds shall be released to the Developer only upon written approval oftbe Development Services Director who shall approve the release of the fimds on deposit not more than once a momh to the Developer, in amounts due for work done to date based on the percentage completion ofthe work multiplied by the respec6ve work costs less ten percent (10%); and further, that upon completio~ of the work, the Developmem Services Dizector shall approve the release of any remainder of the Funds except to the ~ctt~ of S19,713.~ wl~cb Lender shall continue to segregate as a Developer guaramy of mainte~mce of the Required hnprovemems r~, ,~;,,;,~ period of one(l) year pursuant to Paragraph 10 of the Agreement However, in the event that De' eloper '~~) ~ AUG 2 .A ~997 to comply with the requLrements of this Agreement. the pmi~ agree ~ Leader d~l p~ to t~e Couaty the ~ of the Funds to the County. Before Lender becomes obligated to p~,' ~!~ I:~lmce of the Funds to the County upon the Developer's failure to comply with ~tis Agreement, the County will have executed and delivered to the Lender a sutemem to be signed by the Development S~vices Di~aor to the effect ~ (a) Developer for more ~ sixty (60) ch,-ys ~er written no6flc·tion of such f~ilure ~ failed to comply with the requirements of th.is agreement: (b) The County, or its authorized agent, will complet~ the wor~ called for under the terms of that above-mentioned con~'act or will complete such portion or.ch work as the County, in its sole discretion ~ deem necessa~ in the public interest to the extent of the funds then p~id to the County; (c) The Funds drawn down by the County shall be used for consu'uction of the Requi~ Improvements, engineering, legal ~nd contingent cogs and expenses, and to off. set any d,~mages, either dia. ec~ or consequential, which the County may sustain on account of the f~ilure of the Developer to car~ oot and execute the above-mentioned development work; and, (d) The County. will promptly repay to the Lender ~ny portion of the Funds clown down and no~ expended in completion of the said development work. 5. Written notice to the Lender by the County. specifying wh~t ~mmmts ~ to be paid to the Developer shall constitute authorization by the County to the Lender for release of the s~,~'ified ix~tion of the Funds to ~ Developer. Payment b.', the Lender to the Developer of the a, mounts q~eciRed in · ictler of authorization by the Count' to the Lender shall constitute a release by the County and Developer of the Lender for the Funds disbursod in accordance with the lerner of authorization bom the Count)'. 6. The Required Improvements shall not be considered complete u~til · statement of sulmm'~ completion by Developer's engineer ·long with the final projec~ records I~ve beea fi.raished to be reviewed and approved by the Development Services Director for compliance with the Collier Coun~ Subdivision Reguguions. The Development Services Director shall, within six~ (60) days ofreceip~ of that s~temem of sub~amial completiorg submit h~s recom.mendations concerning the Required Improvt'ments to the Board. 7. Upon receipt by the Board of recommendations from the Development Services Dir~or concerning whether Required Improvements aze complete, the Board shall within Rfit~y (30) d~ys either:, a) notify ~ Developer in ~'riting of its preliminary, approval of the improvemems; or b) nof~y the Developer in writing of its refusal to accept the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Board's acceptance of the Required Improvements. However, ia no evem shall the Board rtfuse prelimina~, approval of the improvements if they are in fac~ cons~ctecl and submitted for ~pprov~l in ~ceordaace with the requirements of this AgreemenL 8. Should the Funds be L"~su~cient to complete the Required Improvements, the Board, aRer duly considering the public interest, may at its option complete the Required Improvements and resorl to a~y and all remedies against the Developer. 9. Nothing in u~is A~reement shall make the Lender liable for ~ funds other th~n those segrt~g~ted in accordance with this Agreement; provided, that thc Lender does not rtlezse ~ny monies to the Developer or to any other person except as s~ted in this Agreement. 10. The Developer shall maintain all Required Imprav~:r~ for Ir)' the Board; as soon as practical after the one year Development Services Director shall inspect the Required Improvements Collier Count)' Subdivision Regulations as reflected by ftaal ~ by the Boar~ the 1X. ve~'s ~ for maintenance of the Required Improvements sh~li AUG 2 $ '~997 ATTEST: D~ght ~. Brock, Cl~k ~.~ksr'd F. Coi'~ce, l*Fesiden BOARD OF COMMISSIONERS OF COLLIER COUlCTY, FLOR/DA Approved as to form and legal s.u.~cic~cy A-'ssistant County At~omcy ~UG 2, ~ ~997 ENGINEER'S F~ELIMINARY ESTIMATE OF PRO~ABLE COSTS PROJECT: AUGUSTA · PELICAN MARSH DATE: ITEM I DESCRIPTION WATER QTY. UNrT COST PRICE 8' PVC WATER LINE 1460 LF 12' x 8" HOT TAP WIGV 1 EA 8' G.V.'s 2 EA CONNECT TO EX. DEAD END 1 EA FIRE HYDRANT COMPLETE 4 EA SEFrv'ICES (SHORT) 12 EA SERVICES (LONG) 10 EA P~RMANENT SAMPLE STATION 1 EA TOTAL WATER $10.00 $14,500.00 $1oS00.00 $%600.00 ISO0.O0 $1,000.OO $150.00 t150.00 1,500.00 $6,000.00 11250.00 $3,000.00 $350.00 $3,S00.00 11700.00 $70C).0C) SANITARY SEWER 8' PVC SANITARY 1353 LF SANITARY MANHOLE (0-12) 7 EA SERVICES ISINGLEI 6 EA SERVICES (DOUBLEI 14 EA CONNECT TO EX. SYSTEM 1 EA TOTAL SANITARY SEWER 1122.00 129,766.00 $1,200.00 118.400.00 11250°00 11 .SOO.00 11300.00 $4.200.00 115O0.00 $500.O0 PAVING 1 1/2' ASPHALT 3,290 SY 6' BASE 3,2~0 SY 12' STABILIZED SUBGRAD~ 3,950 SY SIDEWALK 85 LF VALLEY GUTTER 2.990 LF TYPE 'A' CURB 94 LF VALLEY CROSSING rWHIMBREU 180 LF SIGNAGE & STRIPING 1 LS TOTAL PAVING 13.00 $4.00 $2.00 17,100.00 118.00 $52O.0O 17.00 120,~30.1)0 $8.00 t752.00 89.00 $1 t750.00 IV DRAINAGE 18' R.C.P. 744 LF GRATED INLET 4 LF THROAT INLET 8 LF HEADWALL 118') 3 EA TOTAL DRAINAGE 831.11).O0 IRRIGATION 4' F'VC IRRIGATION MAIN 1480 LF St.00 813,33),130 CONNECT TO EXISTING 2 EA 14(X).00 ll00.O0 SEI~/ICES 36 EA 1100.00 TOTAL IRRIGATION TOTAL SUBDIVISION I~MENT~ AUG 2..~ ;997 "'0 P~OU~T TO A.~PROVE FOR RECORDTN9 TH~ 1~ PLAT OF "~APPHTRE ~ UI~T 40" To approve for recording the final plat of 'Sapphire Lakes Unit 4C", a subdivision of lands located in Section 33, Township 49 South. Range 26 East, Collier County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sapphire Lakes Unit 4C". 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 record the plat prior to construction of the improvements. The security in the a~ount of 110% of the total cost of the required improvements is being covered by Construction, Maintenance and Escrow Agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Sapphire Lakes Unit 4C" be approved for recording. FISCAL IMPACT.. The fiscal impact to the County is none. The project cost is $76,765.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading $32,070.00 - $44,695.00 The Security amount, equal to 110% of the project cost, is $84,481.10 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,842.65 Fees are based on a construction $76,765.00 and were paid in February, 19 .~7. ! i AUG g Executive Summary Sapphire Lakes Unit 4C Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $441.44 b) c) Construction Drawing Review Fee Water & Sewer (.50% const, est.) $160.35 Drainage, Paving, Grading (.425% const, est.)- $189.95 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $481.05 Drainage, Paving, Grading (1.275% const, est.) This project is within the limits of the Green Heron Develop~nt of Regional Impact. RECOMM~I~DATION= That the Board of County Commissioners approve the Final Plat of .Sapphire Lakes Unit 4C" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Sapphire Lakes Unit 4C." 3. Authorize the Chairman to execute the attached construction, maintenance and escrow agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Execut ire Su~nary Sapphire Lakes Unit 4C Page 3 pREPARED BY: John R. Houldsworth', Senior Engineer Engineering Review "~.~. REVIEWED BY: . ~i~ ~- , r. Engineering Review Manager DOnald W. Arnold Pla~ing Se~ices Director Vincent A. Cautero, Administrator Community Develop~ment & Environmental Services Community Dev. and Environmental Svcs. DIVISION JP~/ew Date Date I Date bate AUG 2.6 19~J7 SAPPHIRE LAI" "S UNIT 4C LOCATION RADIO DAVIS LOCATION MAP CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION I~{PROVEMENTS THIS AGREEMENT entered into this day of __ , 1997, by ARI DEVELOPIV~NT, INC., · F~orida corporation, (hereinafter "Developer"), TH~ BOARD OF CcR, rNTY COMmISSIONeRS OF COLLIER COUNTY, FLORIDA, (hereinafter 'The Board") and FIRST NATIONAL OF NAPLES, a Florida banking corporation, (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the apl:n-o~ml by I~e Board ora certain plat ora subdivision to be know~ as SAPPHIRE LAKES. UNIT 4C. B. The subdivision will include certain improvements which a~e required by Collier County as set forth in a site construction cost e~imate ("Estimate") prepared by Avlrom-Tohon & Assoc.. Inc., a copy is at~ached hereto and incorporated herein as Exhibit I. For purposes oft. his Agreement, the "Required Im~-o,vu~ents" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier Coun~ Subdivision Code Division of the Unify! Land Development Code requires the Developer to provide appropriate guarantees for the construction and mainltaazme of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated April 29. 1997, (the "Construction Loan")to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged thai the amount Developer is required :o S'uanu~ee pursuant to this Agreement is S 84.481, JO. and this amount represents 110% of the Developer's engineer's estima~ of the construction costs for the Required Improvements. NOW, TI-[EREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set fca~.h, Developer, the Board and the Lender do hereby covenan~'and agree as follov,'s: 1. Developer will cause the water, sewer, roads, drainage and ILke facilities, the Required Impro, vem~, to be constructed pursuant to specifications that have been approved by the Development Services Director wkhia 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold S84.481.1Q from the Construction Loan, pursuant to the terms of this Agreement 3. Lender agrees to hold in escrow $84.481,10 from the Construction Loan, to be disbursed only ~t to this Agreement. Lender ackno,*'ledges that this Agreement shall not constitute a draw against the Construc~on Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of thc Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon v, Titten approval ofthe Devel~t Services Director who shall approve the release of'the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respec~'e ~ork costs less ten percent (10%); and further, that upon completion of'the work, the Development Services Director ~ball approve the release of any remainder of escrowed funds except to the ex'tent of $7.680. I {) which shall remain ia ~uw as a Developer guaranty of'maintenance of'the Required Improvements for a minimum period of one (I) ye~ purmant to Paragraph 10 of the Agreement. AUG g 6 1997 10. The Developer shall maintain ~ll Requimt Improvement for oo~ y~ar after preliminary a~rova~ ~Jr g~ Development Services Director. ^f~r the one year maintenance period by the Developer and upon submis$1c~ written request for inspection, the Development Services Direclor shall inspect 1~ Required Improvements ~ ~ be s~ill in compliance with the Code as reflected by final approval by the Board, the Lender's responsibili~m~ Board under this Agreement is t~-minated. The Developer's responsibility for maintenance of the ~ lmprovemems shall continue unless or until the Board accepts maintenance responsibility for and by the 11. Ail of thc lerms, covenants a~l condkioes herein cor~ined ~e snd shall be binding upon the ~ successors and assigns of the Developer ,,nfl the Lencl~r. IN WITNF~S WHEREOF, the Board and the Developer have caused this Agreement to be executed duly authorized representatives this day of , SIGNED, SEALED AND DELIVERED IN ~T~E~ PP-.ESEHCE OF: l'dnt me. Primed or Typed N~)rne ARI ,IOEL DEVELOPMENT, INC. a Florida corporation By: '~ FIRST NATIONAL BANI( OF NAPLES,. a Florida ba~king .eiFporation ! By: ! C. William Root. Senior Vice Preslde~t Printed or T.~ed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA Deputy Clerk C~un~ Auomey By: Chairman AUG 2 6 1997 SEWER COST ESTIMATES FOR SAPPHIRE LAKES - UNI'r 4C NUMBER UNIT PRICE EXTENSION Manholes 0'-6' 8" SDR 35 0'-6' cut Double services g" x 6" wyes 6" clean outs 6" SDR 35 3 $ 1,200 ea. 470 $ 12/I.f. 11 $ 275 11 $ 75 fa, 11 $ 1l:50 ea. 330 l.f. $ 9/1.£ 3,600 5,640 3,025 825 2,750 2,~70 WATER Subtotal $18,$10 8" C-900 Fire hydram w/g.v. Misc. finings 6" C-900 3" SCH 40 PVC sleeves Sample points 530 $ 10/l.f. 2 $ 1,500 ea. - $ 1,200 l.s. 20 $ ~.£ 400 i.£ $ 7/1.f. I $ 150 ea. 5,300 3,000 1,200 160 2,8OO 150 DRAINAGE Subtmal si3,26o Catch basins 4 S 1,200 ea. Manholes 3 S 1,400 ea. 24' PRB 1 $ 200 ea. 24" headwall I $ 1,200 ea. 15" RCP 56 $ 15/i.£ 18" RCP 411 S 19/l.f. 24' RCP 159 S 28/i.£ 4,800 4,200 2O0 1,200 840 7,866 4,452 Subtotal S23,555 PAVING, SIDEWALKS, SIGNS & PAV~,fE~I' MARKING 24" valley gutter 8" limerock base w/prime I 1/2" asphalt (2 lifts) 1,000 I.£ S 5/1.£ 1,334 s.y. $ 5.50/s.y. 1,334 s.y. S 4/s.y. RESTORATION OF VEGETATION Subtotal Totg t'or Unit 4C S 5,000 S 7,337 S 5,336 $17,673 $ 3,500 i PS- ''. .....~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COM]t~RCIAL EXCAVATION PERMIT NO. ~9.614 "VANDERBILT BEACI! SPOIL DISPOSAL," LOCATED IN SF. CTION 29, TOWNSHIP 4t SOUTH, RANGE 2~ EAST, COLLIER COUNTY, FLORIDA. To approve Commercial Excavation Permit No. 59.614 "Vanderbilt Beach Spoil Dispo~" in accordance with County Ordinance No. 92-73, Division 3.5. CONSI~DERATION: Project Plan Review has completed the review of the excavation permit application for the Vanderbilt Beach Spoil Disposal site. FISCAL IMPACT: The fiscal impact to the County is being handled by an internal transfer of funds. The County has received an application review of $850.00 transferred to Community Deveiopmem by OCPM. The County will realize revenues as follows: Permit Fee: $94.00 *Road Impact Fee (approx.) $1050.00 The security amount will be $25,000 nitfimum ~ unless waived by the BCC. GROWTH MANAGEMENT IMPACT: None RE(;OMMENDATION: That the Board of Courny Commissioners approve C, otmnerc~ Excavation Permit No. 59.614, Vanderbitt Beach Spoil Disposal and waive the requirement for security. Executive Su,-raaary -Commercial Excav~on ?ermit 'No. 59.614" PREPARED BY: Donald W. Arnold, AICP Pla-ming Services ~ Director Dllt¢ ~ ' ~_ i.,.:-. ~ " 'V'mce~t A. Ca. eros' AdminiStrator Date Corm'nuni~ Developmem and Environmental Services SC/pd/f:EAB Executive Summaries/Excavation Permit NO. 59.614 )! /.661, 9 1 !:t .I , i . ,, ,, · ! / / I I AUG 2 1997 EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE RESULTS OF THE ANNUAL CO--DE TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM AND REQUEST FUNDING APPROVAL ALONG WITH RECOMMENDATIONS FOR INSTALLATION OF THE RECOMMENDED IMPROVEMENTS ~ To report to the Board of County Commissioners the findings and recommendations of the Transportation Services Department on the annual Countywide traffic signal warrant studies. In addition, the Transportation Services Department is also requesting funding approval and authorization for installation of the recommended improvements in FY 97-98. CONSIDERATIONS; The Transportation Services Department performs numerous traffic signal warrant analyses throughout the year. A traffic signal warrant is a criteria which, if satisfied, is an indicator that a traffic signal may be an appropriate traffic control device for the specific location. There are eleven standard warrants to be considered in performing traffic signal study and analyzing an intersection. These studies typically cover about 50 intersections over the course of the year. The studies are performed on intersections located in various parts of the County: from Marco Island to Immokalee and from North Naples through Golden Gate to East Naples. The studies analyze safety and traffic flow through the intersections. In addition, both pedestrian and bicycle traffic is considered, as well as adjacent public facilities such as schools, parks and approved neg' development projects. In addition to traffic volumes, the analyses consider factors such as vehicular delay on side streets, pedestrian volumes. accident history, and school crossing locations. In 1992, the Board approved a Policy. for the Installation of Traffic Signals on Roadways la Collier Count).' (Attachment No. 1 ). That Policy mandated that. of the eleven standard traffic signal warrants analyzed, at least three or more of the major warrants must be satisfied for a location to be considered for installation of a traffic signal. Several of the proposed improvements do not striclly meet those criteria: however, they are presented in this request because both the Transportation Services Department and Public Works Administration believe they are representative of good transportation planning. A summary spreadsheet listing the locations studied over the past year is atlached (Attachment No. 2). Of the intersections studied, the following are recommended for signalization or for other intersection improvements consistent with the goal of safe operation of the roadway network. These proposed improvements are listed in no particular order: I. CR 856 (Radio Road) (~ Countryside Boulevard/Devonshire Boulevard~ 2. CR 90 (US 41 East) (~ Price Stree,dTriangle Boulevard2 3. CR 856 (Radio Road) @ Industrial Boulevard/Donna Street~ 4. CR 851(Goodlene Road) @ Thirteenth Street North' s. CR 953 (Bald Eagle Drive) ~ Elkcam Circle South) 6. SR29~SR$26 ?. SR 45 (US 41 North) ~ Gulf Park Dr~.ve~ $. SR 45 (US 41 North) ~ Castelio Drive Souths 9. CR 951 ~ CR g46 (Immokalee Road)~ 10. Vanderbilt Beach Road Extension ~ Oakes BoulevardI° II. SR 90 (US 41 East) ~ Broward StreetI~ FISCAL IMPACT: Funds are budgeted in Fund 313-163673-763100.40172 on an annual basis for signal insnallafions and associated intersection improvements. Budgeted funds are sufficient to complete the above recommended projects. Funds are currently budgeted for FY 97-98 in the Tentative Budget. Proposed signal installations and associated intersection improvements are estimated to be at the budgeted level of The present signal systems (I 20 locations) have an annual operation and maintenance' cost of approximately $3500 per signal. Flashing beacons cost somewhat less to maintain on an annual basis. The proposed new signals and flashing beacons will cost about the same as those existing to operate and maintain. ~ This signal will require coordination with the Radio Road' Santa Barbara Boulevard signal. : This signal was scheduled to be constructed as pan of the FDOT reconstruction of SR 90 (US 41 East) six.lane project in the Year 2000. However. it is presently warranted and advance funding is recommended. Partial funding may be available from an adjacent developer. ~ This signal may replace the signal at Radio Road'Commercial Boulevard when LivingSton Road is completed. ' No signal is recommended. The County and the Post Office are working together to provide median modifications and traffic circulation improvements. This intersection is listed for information only. ~ This signal will be installed after the intersection improvement project is completed. s This project will consist of a flashing beacon and street lighting .Funding will be provided by FDOT from their safety, funds. The Count)' will assume maintenance and operation responsibilities. ~ Partial funding for this signal may be available from an adjacent developer. ~ This signal will be coordinated with the U5 41/Pine Ridge Road signal. ~ This will be an upgrade of the existing flashing beacon. This proposed upgrade is consistent with the expected growth in development of the surrounding area. ~o This signal is proposed in advance of meeting all warrants. The proposal is consistent with the expected traffic growth as a consequence of approved development in the immediate area. , This signal is recommended for operation as a school hour signal. Funding is contingent on the execmion ora Joint Participation Agreement between the Board and the FDOT for advance funding consistent with the FDOT Work Program ..... - ' I.... t,~;,....., / ~. ,~. GROWTH MANAGEMENT IMPACT: The irrstallation of traffic signals typically reduces the volume capacity of a roadway segment. Therefore, reduced capacity impacts are included in the analyses of need and justification. For the projects recommended, the typical value of the capacity lost (based on "green time" available at the intersection) is estimated at between $50,000 and $100,000 per signal installation annually on a system- wide basis (Please see Auachmenl No. 3 for examples). There art, however, savings to be realized in the form of improved turning movement conditions, reductions in side ~ delay, and reductions in certain types of accidents and their severity. The value of these savings is estimated to equal or exceed the value ofthe lost capacity. in those instances where median modifications, rather than signalization, are rccommcncled, capacity is not lost nor are unsafe turning movcmcnts increased. These modifications typically have a more positive effect on capacity than do traffic signals. RECOMMENDATIONS: That the Board of Counv/Commissioners approve thc Transportation Services Department recommendations for lraftic signal system installations and intcrsection improvements: reconfirm funding of the improvemems from Fund 313; authorize Staff to proceed witi~he imp~~ of the work as proposed. PREPARED B DATE: ~-- ~(-~ ? David F. Bobanick. Interim Transportation ~ervices Direc~oi' REVIEWED Ed Ilschner. Public Works Administrator Attachments: No.1 - Policy for installation of Traffic Signals on RoadwaYs In Collier county No.2 - Traffic Signal Study Soreadsheet NO.3 - Cal~aclW Reduction Due to Traffic Signals '/', COLLIER COUNTY TRA~$PORTATIOH SERVICES DIVISION 4UNE, ]gg2 POLICY FOR THE INSTALLATION OF TRAFFIC SIGNALS ON ROADWAYS IH COLLIER COUNTY The following are the policy guidelines for the determination of mtnfm~ criteria to warrant the installation of a traffic signal on roadways in Colltm. County, Florida. ]. The Hanual on Uniform Traffic Devices (MUTCD) was developed and adoptedto conform to Federal law in that all states must conform to Federal standards. In accordance with the HUTCD: 'Traffic control signals should not be installed unless one or more of the signal warrants in this Manual are met. The satisfaction of a warrant or warrants is not in itself Justification for a signal. Information should b ~:~ns of engineering studies'and com e obtained ~y pared with the requirements forth in the warrants. The. engineering study should indicate the installation of a traffic signal will improve the overall safety and/or operation of the intersection. If these requirements are not met, a traffic signal should neither be put into operation nor continued in operation {if already installed).. 2. The County's Five-Year Transportation Plan outlines the priorities traffic signal installation and is contingent upon the intersections meeting minimum warrants based on the MUTCD, and also meeting priority requtremeats of Collier County. Due to funding limitations, due to capacity impacts, ~ in consideration of overall priorities, County policy for design/tnstml- lation of traffic signal systems include inter~e~tton conditions meettngm minimum of three (3) major signal warrants with one of the warrants befag the accident warrant and/or safety/capacity (LOS) related. 3. In the series of warrants outlined in the MUTCD, there are five (5) tl~ normally come into consideration. The five (S) warrants are: a. ~inimum Vehicul)r Vglum~_ This warrant is satisfied when, for each any eight (8) hours of an average day, the traffic volumes on the mt~ar street are at least 150 vehicles or more per hour, and the volumes the major street are 600 vehicles or more per hour (see Manual far specific details). b. interruotion of Continuous . Tr~ffi~ - This warrant is satisfied when, each of any eight (8) nours of an average day, the traffic volumes em the minor street are 75 vehicles or more per hour, and the trafffc volumes on the major street are gO0 vehicles or more per hour. Thes~ volumes on both the major and minor streets must be met additionally, there must be an average of at least three (3) acctde~t~ Page ! of 2 ~ * Attachment No.1 per year ovor the last three (3) years correctable by a traffic sig~al or a delay time for the minor street that averages at )east 50 secoN$ (see Manual for further detat]s). c. Mini= Pedestrian Volum~ - This warrant is satisfied when, for each any eight (8) hours of an average day, the tKaffic volumes ire vehicles or more per hour, and for the same eight (8) hours there ]50 pedestrians per hour on the highest volume crosswalk crosstn~ major street (see Manual for further details). d. School Crosstno - This warrant is satisfied Sen traffic engineering study of the f~equency and adequacy of gaps in the vehicular traffic stream as related to the number and size of groups of school children mt the school crossing shows that the number of adequate gaps tn the traffic stream during the period when the children are using the crossing is less than the number of minutes in the same period; that adequate gaps occur less frequently than an average of one per minute (see Manual for further details). e. ~cctdent Experience - This warrant is satisfied when adequate trim) of less restrictive remedies with satisfactory observance and enforce~nt have failed to reduce the accident-frequency; and five ($) or more reported accidents, of types susceptible to correction by traffic signal control, have occurred within a 12 month period, each accident involving personal injury or property damage to an apparent extent of One Hundred Oollars ($]00.00) or more; and there exists a volume of vehicular and pedestrian traffic not less than Eighty Percent (BO%) of the requirements specified either in the minimum vehicular volume warrant, the interruption of continuous traffic warrant or the minimum pedestrian volume warrant; and the signal will not seriously disrupt progressive traffic flow. In some circumstances, such as traffic signals mandated by a PUD agreement and requiring a fair-share contrlbuti,~n by the developer or in a similar fair-share contribution situation, a traffic signal ma) be installed in advance of meeting a ~varrant if, based on an engineering study, a warrant will be met in the time frame in which the development is completed. Traffic signals may also be installed in advance of meeting a warrant when, based on an engineering study, a warrant will be met as a result of the. improvement of the roadway or intersection and the improvement is concurrently being made. GFA:mk:62292:5545 Page 2 of 2 ~ ~t,j.. ~ t: ~i:? ! AttacI'~nent No. 1 I ~ I F, XECUTIVESUMMARY KECO: ..~: !.~;DATION TO AWARD FOUR(4) ANNUAL BIDS, NUMBERS 97-2704, 97-270S, 97-2707 ,'' .':'~ 97-2708 FOR FISCAL YEAR 1997/1998. in FY ~",: ': To award annual contracts for a variety of services and commodities to be procured · ./County Departments. Purchas!. Su4'n~ '.T_LQ,IXfi: Invitations were sent out on June 6, 1997 and opened by the Comity :p~ment on July 8, 1997 and July 15, 1997. Tabulation sheets ave attached to lids All bids ~,,,: :'or term agreements for services and/or commodities, and will be purchased on m as needed ?,~-:~ enly. Costs are controlled by the operating budgets of the individual deparlments. 'l'ne amount~ . ,...~ arc not intended to be fixed amounts since it is difficult to identify what type of ncccssi~:., . :::ergency will arise to affect the ordering of these services and commodities. Each pre,;', i has been evaluated by the initiating department and recommendations for the coming fiscal ye,~ .~ c listed below. However other County Departments may purchase under the contra~s should thc ~¢=d arise. Bid :,~97.2704 - Limerock & Fill Materials (Road & Bridge Section) Five(f) bi,:!~: were r~,eived for limerock & fill materials. Florida Rock Industries, Harmsm Brothers, / ~c-Florida, Harper Brothen and Soutllern Sand and Stone are r~commended for award. ~':~:: !iarper Brothers was low bidder on crushed limerock, due to distance to pick materials i~ don Myers it is not cost effective. Orders will be placed with the lowest responsiv~ bidder on a i~em by item basis subject to quantity, cost and delivery considerations. ~ annual expcadimres and fund number for FY' 97/98 are as follows: $10,000.00 in 102-163641; $16,000.00 in 103-163642; $85,000.00 in 104-163643; $50,000.00 in 106-163645. Bid .~. ?--2 ?05 - Asphalt & Related Items (Road & Bridge Sections) Three(5 ~, t~i, '.: '.vc rc recei red for (Asphalt & Related Items). Better Roads, Inc., Apae-Florida, lie. and Har?e.: i',rothers, [nc. are recommended for award. Orders will be placed with three iomst responsive bidder on a item by item basis. E. stimated annual expenditur~ and fund numbers forFF 97/98 are as follows: $471,000.00 in 102-163641; $248,000.00 in 103-163642; $324,000.00 in i~l- 163643; $202,000.00 in ! 06-163645; and $300,000.00 in 313-163673. Bid *'97-2707 - Delivery ofConcrete & Metal Culvert Pipe (RoM & Bridge Section) Seven(7) bids wcr~ received for delivery of concrete and metal culvert pipe. Sontherll Cnl~qrl, U.S. Filter i;;tstributton Group, Contect Construction Prodncts, Metal Cnlvert and Conduit of ~".orlda are recommended for award. Orders will be placed with the lowest bidd:r on a i:cm by item basis. Estimated annual expenditures and fund number for FY $35,000.00 in 101-163620-653210. Bid tt97-2708 - Turf Purchase and Delivery (County Wide) Various County Depm'tments have a continuing need throul~out the year for the purchase amd delivery, or purchase only of sod in assorted types and amounts. Many times the need for sod is immediate and in quantities small enough to be picked up by employees on any given day. Four(4) bids were received for turf'. Gulf Coast Landscape Supplies, GoMeu Gate Nursery Sod, Inc., Naplm Fertilizer and R&B Turf Farms are recommended for awml. Pelican Bay Services budgeted S6,000.00 in Fund 109-182901; Parks and Recreation bud~med $12,000.00 in Funds 001-156332 and 111-156334, Road & Bridge Depm'tment will enqsend $119,000.00 in Funds 102-163641, 103-163642, 104-163643 and 106-163645. 1~=~: Total fiscal impact for ali commodities/services covered in the Executive Smnm~ for Fiscal Year 1997/I 998 is approximately $1,878,000.00. ~: General not applicable. However, some contracts may be utilized by department for CIE work performed in-house. l~=.O.~~: That the designated vendors be awarded annual contracts for the specified bids, in the trait amounts and terms stated in the Executive summary and the Tabulation Sheets and that the Chairman be authorized to sign subsequent contracts. Ftulh~, the Cotmty Purchasing Director be authorized to allow or disallow price adjustments throughom ~e year, as provided for in the Bid Specifications or a stipulated in the vendors pREPARE tD...j3y:~¢ yen offer. DATE: REVIEWED B~.:.~,Z..z. · _ Ed Ilschn~-,~u~l~ DATE: ~/'/~/~,~ LH/tm/080697/ES Annual Bids.doc EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A WORK ORDER UNDER THE ANNUAL AGREEMENT FOR FIXED TERM ENGINEERING SERVICES WITH HOLE, MONTES AND ASSOCIATES, INC. FOR ANALYSIS AND DESIGN OF FIVE INTERSECTIONS AT VARIOUS LOCATIONS (CONTRACT NO. 95-2422, W.O. HMA-FT-97-2). ~ To gain Board approval of a Work Order for the analysis, and design for traffic flow improvements of five intersections at various locations within the County. .~_ONSIDEI~I, TIONS: As part of the Transportation Services Department's ongoing program of intersection improvements to increase the safety and efficiency o£traffic flow. five intersections have been identified as candidates for such improx'ements. The intersections are: · White Boulevard ~ CR 951 * Baffield Drive ~ San Marco Road · Winterberr'y Drive ~ South Collier Boulevard · Shadowlawn Drive ~ Davis Boulevard · Airport-Pulling Road @ Golden Gate Parkway A Work Order for the following services for each intersection has been negotiated with the firm of Hole Montes & Associates. Inc.. under the terms of the County's Annual Agreement for Fixed Term Professional Engineering Services. dated Sep(ember 26. 1995 (Contract No. 95-2422): site survey: traffic analysis: design report; design: applicable signal or lighting modifications. In addition, there are several contingent tasks that may be applicable to certain intersections. The Work Order is set up to allow for those task~ only if the County finds them necessary to complete the work. A copy ofthe proposed Work Order is attached (Attachment No. 1 ). "~:ISCAL proposed compensation under this Work Order is: IMPACT: The Basic Services $55.609.00 Contingent Services $30,830.00 Reimbursable Expenses -0- TOTAL FEE $86,439.00 Funds are available in Fund 313-163673-631400-66065. GROWTH MANAGEMENT IMPACT~ Implementation of intersection improvements at various locations throughout the Count).. will assist in maintaining roadway capaci~'. This objective is consistent with the Growth Management Plan. RECOMMENDATIONS~ That the Board approve Work Order No. HMA-FT-97-2; authorize the Chairman to sign thc Work Order on behalf of the Board: authorize Staffto PREPARED .y:~~..~7,.~~ DATE: REVIEWED BY: Edward. t .E'~ior Engineer Mhch Momtaz. P.E.. Project Manager II, OCP'M Adolfo A. Gonzale~, P.E., I~rector. OCPM DATE: ~-,~ ~ ~ 7 REVIEWED BY: REVIEWED BY~ tsar-.' C/~-- ~' C' DATE: ~/~//~/2 avid F. B~banick, Interim Transportation Services Dir&to~ ~ DATE: ~/ 7 Ed Ilschr~r. Public Works Administrator Attachments: No. 1 - Work Order No. HMA-FT-97-2 WORK ORDER # Alreement for Flzed Term Profelslonal Engineerin[ Services Dinted September 26, 1995 (Contracl #95-2422) This Work Order is for professional cn~nccrinj services for work known si Pro, cci Thc wot~ ~s specified ~n Ibc p~opo~al dalcd ~ne 2~. . which ~s allachcd herein and made a parz of ~h~s Work Order. Cond~Hons of the Alreement referenced above. Wor~ Order ~~ ~s Jsl~jned Ia (Firm Name) Scoot Ple~Je see Iht alllched Icope of werk. Schedule of WorgZ Complclc wor~ wilhin ~ da)s from rcceip~ o[ ~hc NoHcc Io Proceed lulhorizJnj I~ar( of work. ~ ~n accordance wilh Arl~clc Fix'c of Ihe A~retmenl, Ibc County will compensate Ihe F~rm ~n aCCordance wHh Ihe ~:lOlJll~d lump lure Imo~l iadiclled j~ Iht schedule belo~ P3eale see the aHached man hour bre~k do~a. REVIEWED BY ATTEST D~gh~ E Brock. Clerk Basic Serrates - %55.609 ConHngcncy Service · :$30.130 Reimbursables ~-~% TOTAL FEE $~m6,4 3 9- Any chanle wHhin mon~tar) au~horHy of HHS Work Order made ~ubsequen~ Io final dcparlmenl approval ~1~ be considered an addH~ona~ sera,cc and charJ¢d accotd~nl Io ScheduJe 'A" of Ibc AgreCmenl Hllch Momtaz. P.E . ProJect Mana~tr O~icc of CapHa] ProJects Management DATE Adolfo A Gonzalcz. p E , D~reCl~ DATE O[ficc of CapHal Projects Manag~enl BOARD OF COUNTY COMMISSIONERS Collier Counl~. Florida Depu~) Clerk ^ppro~¢d as I0 Form and ^SSlsfanl Count) AHornc) AT'I EgT (Ccrporale £.ccrc:ar)) T~moHhs L Hancock. A1CP.Chalrman Llol¢. Monte! & 6Hn¢i~lsel. Conlraclor (2) WORK ORDER # Alreemen! for Fized Term Professional [nlineerlnl Se~iczs Daled Stptzmber 26, lggS (Conlracl ~5-2422) Condilions of 1hz A~rtcmcn~ referenced Ibovt. Work Ordc~ ~elt, Me~lcI & Al~tllltl. (Firm N3mc) Sco~c of Work ~~ In iccotdzncc w:lh Article ichcdnlc below Ftcnsc see I~c allJckcd man keur brink de~m. Basic ScrYtccs - SSS.&09 Con~tnl:cnc? Scr~.'lce * S.le.1.$~ Reimburszbles ~A TOTAL FEE S8&,439 Any chan~c ~-ilhln monctaty authority 0[ Ibis Wor~ Order ml~c s~qKm le filll Schedule 'A- of Ibc Alrcc~cnt ~Hch N~omtaz, P E. Project Mnnag~r DATE OFfic~ oF C3pil~l Projcczs Mnn~cmcnl GY Adol[o A Gonznlc7. P [ , Dstcc~t ~) DATE O[flcc o~Cnpllnl ProJects Mnnngcmcnt ATTEST Dwlgh! E Brock. Clerk BOARD OF COUNTY COMMISSIONERS Collier Counl). Florida By ATTEST (Corp,:.rntc Sccrcl=r}} By Type Name and Title (or'i wHncs,¢$ J2.).--'"~ 17 '/""X'/ Timolh) L, Hancock. AICP.Chalrman llnh;~ F, Inn!¢s & 6sqncilt~'s! Inc. Contr~clor (]) June 26, 1997 Mr. Mitch Momtaz, P E Collier County Government Office of Capital Projects Managemcmt 3301 East Tamiami Trail Naples, FL 34112 FILE COP",' P I4I ' brand lax Iransmitta' memo RE: PROPOSAL FOR ENGINEERING SERVICES INTERSECTION IMPROVEMENTS HMA FILE NO.: 97.40 Dear Mr. Momtaz: In accordance with your request. Hole Monte.,- & Associates Inc. (HMA; ~s pleased [~ submit this proposal to provide professiona: engineering services under 3u annua engineering services contract As discusser.' ~vith you and Mr Edward Kanf or. June E, 1997, this project will involve a revie~ *' five intersections in Collier Count'~ ':h, purpose of this project will be to determmf, what types of improvements car: be made tc each intersection which will result in improvements to capaci13, and safety, as mdicatec in Mr. Edward Kant's May 28 1997 ,'nerr~ ,' M, Adc)Ifc..Gonzale7 The :ntersectioq¢ included in this project are 1. WHITE BOULEVARD AT ~ ~ ~F 2. BARFIELD DRIVE AT SAIX rJIA:?C," ROAD. 3 W1NTEIRBERRY DRIVE A.- SOU~i~ COLLIER BOULEVARD 4 SHADOWLAWN DRIVE A- .,}A~/IS BOULEVARD 5. AIRPORT-PUL,.ING ;ROAD ~-- ,;Ot DEN GATF PARKWAY' A scope of services for each intersection ;~. attached along with proposed fees fo' eacl task. Task fees are proposec as lump .gum amounts. The following items are assumptions ..,chi.'-'- ~r¢* part of this proposal There will be no environmenta: ,s.-ue' .',,hm,, .,viii requ~rr, obta,mqg The County ,,vi;' prov,df ,.'.urren 3n~ ~,.,:urate -..,gnal intersections. Letter to Mr. Mitch Momtaz. P F Collier County Govemment Office of Capital Projects Management Re: Proposal for Engineering Service., Dated June 26, 1997; Page Two The County will provide sufficient mapping, platting, data, etc to determine i~ additional right-of-way is required for any improvement and such information will bt: sufficient for the preparatio.n, o~ legal descriptions and sketches if right-of-way take, are required Traffic counts and pedestrian counts will be provided by the County for each intersection which wild be used to determine turn lane needs, storage requirements and signal phasing. We anticipate that the time for completion of project from notice to proceed to bid ready documents is 90 days, exclusive of County or permuting agency review/approval time We look forward to assisting you with thi~ ~roject If yo~, have, any ouestions olease call. Very truly yours. HOLE, MONTES & ASSOCJ. ATES. INC Walter F. Gilcher, Jr., P.E. Project Manager WFG/cn Attachment (Scope of ServiceFFas~ Fee, i' pages) cc: Robert L. Murray W:Xl ['4~7~.97040M M705262 co; SCOPE OF SERViCES/TASK FEES 97.40 6~26~P- White BlvdJC.R. 951 1 .) Su~e~, - Obtain topographical information for intersection Horizontal contrr~' to utilize local .monumentation Vertic,~ r~ontrol to be_ established based NGVD (1929) Task Fee - $1.832 2.) Traffic Analysis - Prepare signal inventory, HCS analysis to determine turn lane needs, storage requirements and signal phasing revisions Task Fee-$1,286 3.) Design Report - Prepare a writter nes~gn report, which wilt address Recommended intersection improvements · Inter.,~.~,on geometry and alignments · Results of traffic analysis · Drainage requirements · Permitting requirements · Utility relocation requirements · FU'W requirements · Order of Magnitude Construct~or :n~i Task Fee- $2.254 4.) Final Design - Preparation of plans ann contract documents for additional left turn lane and thru/right lane tn tach,de · Final plans · 'No Notice" Permit · Utility relocation plan and coordmatior- (design/permitting by utility owner · Final quantities · Opinion of probable constr.;¢l~o,~ Technical specifications · Coordination with Counh. ~o. Dr~o~rst~on of COOtract documenls Task Fee-$4.366 White BI~dJC.I~ 951 5.) Signal Modif'K:ation Plans - preparation of sigrtal rnodification plans utilizin.c existing structural supports and foundations Signa! modificatior, cx:)nstruCtior to be performed under County annual _contract for traffic signa! rneinte~anc~ Task Fee - $2.6'13 6.) Lighting Pole Relocation - Prepare relocation plan.~ for light pole.~ ir, conjunction wi'th signa! modification Dlan~ Task Fee - $1.253 7.) New Concrete Strain Poles (Contingent Task) - Prepare design plans for ney, concrete strain poles for signals at this intersectio.~ Task Fee - $1,573 8.) Survey, Legal & Sketch (Contingent Task). Provide survey, legal descdptior and sketch for maximum of two parcel takes by County for addition of turn lane. Task Fee - $1,565 SCOPE OF SERVICES/TASK FEES 97 40 6/26Ia" Blrfleld Dr/San Marco Rd 1.) Survey - Obtain topographical information for intersection Horizonta~ contro' tO utilize local rnonumentatio~ Vertica! contro! to be established based or, NGVD (19293 Task Fee-$1,832 2.) Traffic Analysis - Prepare signal inventory. HCS analysis to determine turn lane needs, storage requirements intersection lighting and signal phasing revisions. Task Fee-$1,286 3.) Design Report - Prepare a wr~tter desLgn report which wi~ addrc,*s · Recommended intersecttor. ,mprovements · Intersection grading (rK)llh-south profile i · Intersection geometry and alignment.~ · Results of traffic analysis · Drainage requirements · Permitting requirements · Utility relocation reouiremCm., · R/W requirement.' · Order of Magnitude ('~ons!r~r':ltc'' *,q.c,' Task Fee- S2.624 4.) Final Design - Preparat~o¢ ~,' 31an. and ,_'.ontract documents for ~outhbounc right turn lane. to includ6 Final plans "No Notice" Perm,: Utility relocation plan and ~.oordinat~op (des~gn./perm~tting b.v utility owner Final quantities Opinion of probable const.,J.-t,r." -os: Technical specification? Coordination with :~.uum. .:. Task Fee-S4.366 Barfleid Dr/San Marco Rd 5,) Signal Modification Plans (Contingent Task) - Preparation of signe; modification plans utilizing existing structural supports and foundation.~ Signal modification construction to be perforrned under County annuR' contract for traffic signa! maintenan¢~ Task Fee- $2,613 6.) Intersection Grading Modification (Contingent Task) - Prepare inlersection grading plans to reduce elevation differences and grade changes ~hrouoh !h,~ intersection in the north-south direction - Task Fee- $2,347 7.) SFWMD General Permit (Contingenl Task_). Prepare permit applicatioo and documentation for intersection, regrading. Task Fee-$3,281 8.) Intersection Lighting Modification {contingent Task)- Prepare plans fo, addition of intersection lighting to existing traffic signal poles Task Fee-$1.243 SCOPE OF SERVICES/TASK FEES 97 4C. ~/~' Wlnterberry Rd/South Col!i_er Rd 1.) Survey - Obtain topographica! information for intersection Horizontal conlro' to utilize local monumentation Wedic.,3~ oontro! to b,? established based o~ NGVD (1929~ Task Fee- 2.) Traffic Analysis - Prepare al! stop warrant study. HCS analysis to determine turn lane needs, and storage reouirement.~ Task Fee- $973 3.) Design Report - Prepare a writler design repod which will addm, s~ · Recommended intersection imp,o,/ements · Intersection geomet,."y · Results of traffic analysis · Drainage requirement5 · Permitting requirements · Utility relocation requirement.~ · RAN requirements · Order of Magnitud¢' Co~str:,ct,c.' ::~5' Task Fee - $2,129 4.) Final Design - Preparation ~! '~1¢'''~ ~,~r-.:ontract dn'Tdment': fo- -= right ~:u,r, lane, to include:. · Final plans · "No Notice' Perm,! · Utility relocation plat and ;.COrd,hat,or" (design/permittinq by jtilitv owner · Final quantities · Opinion of probable construct~o" Technical specifications · Coordination with Count,.. m- .3r.:,:'~RrRtiOn of "'ontrRct documents Task Fee - S4.366 Wlnterberry RcYEH3uth Collier Rd 5.) Flashing Beacon Plans (Contingent Task) - Preparatior. installation of a flashing beacon, at this !ntersectior, Task Fee-$3,986 SCOPE OF SERVICES./TA_S_K._FE_E_.S 97.40 Rr26/g7 Shadowlawn Dr/Davis _BIyd 1.) Survey - Obtain topographical information for intersection Horizontal contra' to utilize local monumentation Vertica~ contro! lo ~ established based NGVD (1929) Task Fee - $1.832 2.) Traffic Analysis - Prepare signal inventory, HCS analysis to determine tun', lane needs, st(~rage requirements and signal phasing revisions Task Fee - $846 3.) Design Repeal_ - Prepare 2 wrirt~,r~ nesigr~ report which will address · Recommended intersection, improvements · Intersection geometry and alignment~ · Results of traffic analysis · Drainage requirements · Permitting requirements · Utility relocation requiremeqts · RAN requirements · Order of Magnitud~ °-.on~truc. t'On Task Fee - 51.813 4.) Final Design - Preparation of elan.,- an¢' contract document~ for ~outhbouno dght turn lane. to ~nclude · Final plans · "No Notice" Permit · Utility relocation plan and coordinat~or, (design/permitling by .Jtdit; owner · Final quantities · Opinion of probable construction' ~ost · Technical specifications · Coordination with County ¢0, oreoarat~on of contract document~ Task Fee - S4,366 Shmdo'wvl~n~m Dr/Davis Blvd 5.) 7.) 7.) Signal Mod/fication Plans (Contingent Task)- Preparation of signa! mod~ plans utilizing existing structural supports and foundation.~ Signal mcx:l~n construction to be ,performed ur~der County ~nnu~ contract for traffic signal maintenance, Task Fee - $2.193 New Concrete Strain Poles (Contingent Task) - Prepar~ design concrete strain poles for signals at thi.~ intersection Task Fee - $2,633 Realign North Approach (Contingent Task) m Prepare plans to align the north approach of Shadowtawn with the south approach and provide full width southbour~ righlAhu lane, Task Fee- $2,129 .. y&. I SCOPE OF SERVICES/TASK EE.E,S 97.40 c--.~'2~ .~-. Alrport-Puillng Rd/Golden Gate_ P _k'w~y 1.) Survey/- Obtain topographice! infon'nation for intersection Horizontal contrn' tO utilize local monumentation ~/ert ce~ contro! to be. established based NGVD (19291. Task Fee - $2.01 ? 2.) Traffic Analysis - Prepare signal inventory, HCS analysis to determine turn lane needs, storage .eouirem~t¢ =nd signal phasing revisions Task Fee - $2,056 3.) Design Report - Prepare a written design report which wiP address · Recommer~ed intersection` improvemem's · Intersection geometry' and aligr, mer, t': · Results of traffic analysis · NB righttum/canal/watefli~e o' EB right turn on Goldec Gat6 · Drainage requirements · ~ermitting requirements · Utility relocation requirement' · PJW requirements · Orde. of Magnitud¢' Constr,~c,t~or '-;o$~ Task Fee - $3.112 4.) Final Design - Preparatio,* of olan~ and contract documents for additmna' length of NB left turn lane and medlar adjustments to include' Final plans 'No Notice" Permit Utility relocation plan and ~oord;r)atioP fdesign/permitting by utilitv owner Final quantities Opinion of probable construct,o¢, ,-n~' Technical specifications Coordination with Coum' ,¢reoaratio?~ of cot, ~ac' i~;~:umem-.- Task Fee-S4,366 ,F'-,'./4,,f4AvJ _ 5.) S~al Modif~...ation Plangent Task)- Preparation ot signal modtf'~..at/on Ptans utilizi~ existing structur~ suppods and foundation.~ Signal modif'~..at/on consfnJctJon to be ,performed under County annug' contract for traffic signa! maintenanc.~ Task Fee - $3,053 6.) _Golden Gate EB ~ Lane Modifications. Prepare modification righ~-tum !ane - -- ...... Task Fee - $4,214 SCOPE OF SERVICES/TAsK FEES 97 4( ~r26/g. - Attend rr',eefings with the Counh, ar)cl coordination of project . Task Fee. - $;2,194 HOLE. ~IONTE$ & ASSOCIATEs. INC. ENGINEERs PLANNERS SuRvEYoRs PreSerwng ancl enhancing iClor~a ,$ cl~"~lrO; of I~fe .~ June 28, 1997 Mr. Mitch Momtaz, P.E. Collier County Government Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 34112 RECEIVED RE: MANHOURS/TASK FEES INTERSECTION IMPROVEMENTs HMA FILE NO..' 97.40 Dear Mr. Momtaz: Enclosed are spreadsheet SUmmaries showing proposed labor hours, hourly rates aru:! task fees by intersection for the referenced project. If you have any questions, Please call. Very truly yours. HOLE, MONTEs & ASSOCIATES, INC. / / Wa/ter F. Gilcher, Jr., P.E. Project Manager -~' WFG/cn Attachment ('? Pages) cc: Robert L. Murray kU EXECUTIVE SUMMARY REQUEST THE BOARD CONSIDER A PROPOSAL TO ESTABLISH A POLICY FOR THE INSTALLATION OF ADVANCE WARNING SIGNS WITH FLASHING BEACON ATTACHED ~ To request the Board of County Commissioners provide direction to Staffwith respect to a policy for the installation of advance warning signs with attached flashing beacons. ~ON$1DERATIOI~$_' From time to time. the Transportation Services Department receives requests for advance warning signs with attached flashing beacons. These requests are usually either from developm:nt interests wishing to provide a path for customers from remote parking facilities or from the Collier County School District wishing to warn motorists that a school entrance is imm bent. The locations of the driveways or crosswalks may not always be readily apparent to drivers, especially those drivers who are unfamiliar with the area. ' The Transportation Services Department has received an initial request for the installation of these advance warning beacons on Pine Ridge Road to serve the approaches to the Pine Ridge Middle School. This request has been analyzed by the Transportation Services Department and would be approved under the criteria presented in this Executive SummaD.' Staff of the Transportation Services Department has researched the applicability of the use of this type of device and submits the following findings: ]. A pole-mounted flashing beacon is presented in the FDOT Roadway and Traffic Design Standards in Index ] 7344. If approved by the Board. the Transportation Services Department proposes a similar flashing beacon modeled on the FDOT Standard (concept sketch shown in Attachment No. l). 2. Typically, these flashing beacons are used to notify motorists of speed changes in the vicin iv:, of schools. 3. In Collier Counb' there are several installations of this type (illustrative examples are shown in Attachment No. 2). Both school advance warnings and pedestrian crossing advance warnings are represented. 4. At the present time requests for new installations of po/e-mounted flashing beacons with advance warning signs are reviewed by the Transportation Services Department on a case- by-case basis. There are no minimum warrant criteria in use at this time. $. A brief telephone poll indicates that other similar jurisdictions also evaluate such requests on a case-by-case basis. In addition, occasionally the installation of such a device is initiated by the Transportation Services Department in anticipation ufa need. Toward the end of establishing a po/icy, Staff recommends that each request for the installation of such advance warnings be evaluated on a case-by-case basis. The evaluation criteria to be used would include, but not be limited to. the following: A. Functional classification of the roadway including existing and anticipated traffic volumes and speeds. B. Character of the roadway with respect to driveways per mile..type of development along the roadv,.ay and presence/absence of sidewalks/bike paths. C. Sight distance evaluation with respect to intervening driveways/streets. D. Additional. site-specific criteria depending upon thc application of the proposed warn,ng signs. AGE vancc~" ~ AU$ 26 1997 Each request would be assigned an inventory contro] number for tracking through the analysis and. potentJaJly, for incJusion in the County's sign/signa] inventory. In addition, the funding source for any such installation should be related to the benefit to the requesting enti~. If Staff initiated, funding would be made available through the annual sign/signal budget. ~I$C/~L IMIa/~C'~ The costs associated with this proposal are estimated as follows: Signs, poles and flashing beacons installed $6,000 each (eastbound and westbound) $12,0OO Design, inspection 10% of the estimated installation cost 1.200 Contingency 10% of the estimated cost Sub-total $13,2C~ Total Estimate $14.520 For budgetary purposes, Staff recommends using a total of $15,000 as the estimated cost for each location. Capital construction funding would be made available in Fund 313-163673.763 ] 00. 60172. This Capital Project Fund has been established to provide for Countywide traffic signal system installations. Operating and maintenance expenses, including electricity, would be budgeted annually in Fund ]0]-163630. Annual expenses are estimated at GROWTH MANAGI~MEN'r IMPAeT:~ y/^ ~ That the Board review the proposed policy: authorize Staffto evaluate requests for advance warning signs with attached flashing beacons on a case-by-case basis; authorize the use of previously budgeted Capita/Project funds for such installations found to be necessary and prudent: authorize Stafftoadd the si/ns to the County's inventory for REq/IEWED BY: _ . . D'a~'i~] ~ Bo'Sanick. Interim Transportation Ser,?ices Director -- ' - d IlschneT./~'blic Rs ~dministrator -- Attachments: No. ] - Sketch Based on FDOT Standard Index Drawing No. 2 - Example Photographs ~. ,:R J SCHOOL ENTRANCE AHEAD CAUTION W EN Attachment No. 1 Please No~e: It is not the intent of chis request to establish reduced speed zones at additional locations, The pk~m~s displayed here are for iHustralive purposes only. Speed zones should only be established based on che f'mdin~s of an engineering shady and on ~he site-specd]c circumstances ora pa~icuiar location. Page I of l A~achment No. 2 EXECUTIVE SUMMARY AUTHORIZATION TO SOLE SOURCE PURCHASE REPLACEMENT PUMPS, SPECIFIED REPAIR PARTS AND MATERIALS FOR APPROVED SUBMERSIBLE LIFT STATIONS ~ That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, authorize the sole source purchase of replacement pumps, warranty related repair parts, and any other parts or materials not available through an after market source for submersible lift stations. CONSIDERATION:_ I) In August 1992, the Board of County Commissioners initially approved the sole source purchase of Flygt submersible lift station pumps for the County's lift station system. 2) In March 1993 and November 1994, the Board of County Commissioners approved the sole source purchase of repair parts and materials from E.K. Phelps and Company, the only authorized Flygt sales center in the State of Florida. E.K. Phelps has corporate headquarters in Apopka, Florida with satellite facilities in Ft. Myers, Florida, West Palm Beach, Florida, and Savannah, Georgia. 3) With the number of lift stations being maintained ever increasing, (over 500 lift stations with 934 Flygt pumps)'it is an absolute must that spare pumps, pans and materials in each size be available to ensure no loss of service. 4) Collier County Ordinance 97-17, Section 11.7.4 requires that pumps be manufactured by Flygt or equivalent. 5) Ellis K. Phelps and Company is the only authorized Flygt sales center in the state of Florida. Staff has pursued obtaining price quotes from other Flygt suppliers in other states only to discover that the cost of shipping causes them to always be more costly than Ellis K. Phelps and Company. 6) Wastewater Department staff has reviewed this and is recommending that these pumps, parts and materials be declared a sole source purchase. FISCAL IMPACT: Funds for this are specifically budgeted in the Wastewater Collections budget, 408-233351. It is anticipated that approximately $80,000.00 will be spent in the upcoming Fiscal Year; however, this amount is only an estimate. As the lift station system ages, the volume of pumps, parts and materials to be purchased will vary greatly from year to year depending on the actual repair/replacement needs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida declare that Flygt lift station pumps, warranty parts and any other parts and materials not available through an after market source are a sole source purchase and authorize staff to purchase the necessary pump parts and materials from Ellis K. Phelps and Company. '~imothy t_JClemons Wastewater Department Date: StepHen Y.' Camell Purchasing Director Date: APPROVED BY.3 Date: Ed Ilschner Public WorksAdministrator Consent Agenda 8~7 EXECUTIVE SUMMARY REIMBURSE MEMBERS OF THE MARCO RENOURISHMENT ADVISORY COMMITTEE FOR INCURRED IN PERFORMANCE OF THEIR DUTIES. ISLAND BEACH EXPENSES TO BE OBJECTIVE: To obtain authorization for reimbursement to two members of the Marco Island Beach Renourishment Advisory Committee for expense~ reasonably incurred during attendance at the Annual Conference of the Florida Shore & Beach Preservation Association (FSBPA) to be held September 3-5, 1997 in Amelia Island, Florida. ..~ONSIDERATIO!NS: The Marco Island Beach Renourishment Advisory Committee was created by Ordinance No. 86-91. Section Six of mid Ordinance provides that members of the Committee shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. At their regularly scheduled meeting on August 6, 1997, the Marco Island Beach Renourishment Advisory Committee recommended that such reimbursement be authorized to sponsor the attendance of two members at the Annual Conference of the FSBPA to be held September 3-5, in Amelia Island, Florida. The primary focus of this conference is to discuss new directions in beach management and the need to develop a 10-year work program for beach and inlet projects in each coastal city and county. This discussion is considered ,;sential to the future management of the Marco Island Beach Restoration program and as such, reimburse-merit for participation in same is considered to be consistent with the provisions in Section Six of Ordinance No. 86-91. The staff has reviewed this request and is recomm{mding approval based upon the following estimated costs to be incurred: Registration Fee $500.00 Accommodations 368.00 Meals 102.00 Mileage 464.00 Misc. (Tolls, Parking, etc.) 25.00 TOTAL $1,459.00 Executive Summary Page 2 FISCAL IMPACTz Cost: Fund: Cost Center:. $1,459.00; to be obligated in the budget for FY 96/97. (159) Marco Island Beach Renoutishment (112591) Marco Island Beach Renourishrnent Approval of a budget amendment is nece~ary whereby funds in the amount of $I,156.00 will be transferred from the reserves in Fund 159 to Account No. 159-112591-640300 to provide sufficient funds in the appropriate expenditure category for this obligation. _GROWTH MANA~_G_F~3.~..~t~_M_pafi~,. None. ~ That the Board of County Commissioners: 1. Authorize reimbursement to two members of the Marco Island Beach Renourishment Advir, ory Committee for reasonable expenses estimated to be incurred during attendance at the Annual Conference of the Florida Shore & Beach Preservation Association to be held September 3-5, 1997 in Amelia I-qand, Florida. Approve the necessary budget amendment. · -bet, Project lVi~mger Office of Capital Project~ Managenmat ',Z ' Office of Capital Project~ Public Works Divisiot: Marco bland Beach Renourishamat Adviaory Committ~ / EXECUTIVE SUMMARY AFPROVE A DEVELOPER CONTREB~ON AGKEEMENT BETWEEN COLLIER COUNTY AND KEUVEN HAIM BUILDERS "DEVELOPER' FOR ROAD IMPACT FEES IN RETURN FOR CONSTRUCTING THE RADIO ROAD OUTFALL DRAINAGE SWALE. ~: To issue a road impact fee credit to the Developer, as a condition of Ordinanc~ No. 95-30, which amends Ordinance No. 84-21, Greeu Heron, for the construction &the Radio RoM Out fall Dr~nage Swale. I / CONSIDERATIQN: Ordinance No. 92-22, as amended, Section 3.06 provides for the establishment ora "development contribution credit" against road impact fees imposed under Section 2.01, in return for certain donations of land required pursuant to a developer order issued by the County. Under the provisions of the above-referenced ordinance, when the Transportation Administrator approved the dedication &said land as being necessao. for the constmc'don of Collier County "transportation network' improvement~, the Administrator may ask the Boaxd of County Commissioner= to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. The future four-laning &Radio Road from Santa Barbara Blvd. to S.R. 84 is listed as C.I.E. Project No. 16 under the Transportation Element ofthe County's Comprehensive Plan. From a pexmitting and cost management perspective, it is prudent and in the interest of the public Yet ~ to initiate and complete the construction ofthe outfall swa/e w4thin the life ofthe permits, in ~lv~ac~ of the roadway construction from Santa Baxbara to SR. 84. The Developer is the contract vendee of,, portion of thc property required to construct the P,~lio Ro~d Outfall Drainage Swale. The Developer rdu~l construct the outfall drainage ~r~le from RMio Raad to the Golden Gate Canal, as more particularly desoa'bed in the Coumy's deaign ~ for Project No. 65031 as designed by Agno~ Barber & Brundage, Inc. The ~ ~ mc:eiv~ Road Impact Fe~ Credits pursuant to ~ No. 92-22, as maas:led, for consu'ucting ti~ outfall drainage r~'ale. The Developer shall construct the outfall drain~e $w~I¢ from 1-75 to the Golden Gate Caral within the life of the Big Cypre~ Basin Right-of-Way Permit. Both parties acknowledge sx~cl accept that the certified coat estinme$ ~ by RDMC, Inc., IX-v~lopee~ Engine~-, for the Devedoper to conrmsct th~ ouff~ str~in~e ~w~le from RMio Ro~l to th~ south tight-of-way line of Interstate 1-75 is $92,902. I$ and for the Develop~ to construct tM outf~ll drainage swale from the north fight-of-way line to h~r,stat¢ 1-75 is $69,235.75. AUG 2 G ,:.o.q, FISCAL IMPACT: By issuing the Road Impact Fee Credit in exchange for the devdopea' ~on, the District One Road Impact Fee Trust Account will ~affer a Iota in aeemala in the amoum of $162,137.93; however, such loss in accruals is not anticipated to advea'~y affect tl~ ealh flow or liquidity of the funds in the Road Impact Fee District GROWTH MANAGEMENT IMPACT: None. The futum four-laning of Radio Road from Santa Barbara Blvd. to S.R. 84 is a CIE project under th~ Tran~po~on Element ofth~ County's Comprehensive P~.an. RECOMMENDATION: That the Board of County Commi~ioners: approve the impact fee credit in exchange for the construction of the Radio Road Ouffall Drainage Swale; and authorize the Chairman to execute a Developer Contribution Agreement, on behalf of the Board of County Commissioners. Tofi~'A. Mott, Real Property Specialist Real Property Management Department Micah Ma~aquo~, p~.pMP, Project Manager REVIEWED BY: Office of Capital Projects Management Ad°! o'~A: ~, onzalez, ~., ~l~t~ctor Office of (~apital Projects Management Ed Ilschner, Public Works Administrator REVIEWED BY: DATE: L / UI3 2 6 159_,7 ,?..2 ProJect: Rad£o Road Fhase Il Parcsl: DEVEI~P~J~ COI~I.Z IUTZON THIS D~VL'LOPER CONTRIBUTION A~£DiI3~T (hereinafter referred to a~ 'A~reeaent') la ~ a~ entered Ante by a~ beseem CO~ ~. , political s~bdivtsion of the State o~ ~orl~ (herel~fter referred to 'County*) ~ose mailing address is 3301 Taint Trail ~st. A~inistratio~ [uildin{, Naples, rlori~ 3~112, a~ ~ ~I~ {UI~S. I~C., tis s~cesset~ 800~ ~dLo Road, Nap2es, ~orL~ 3~t~. ~S. the future four-~anin~ o~ ~dto Road free Santa larbara lXvd. ~ County's C~n~r~h~na~ve ~n... A~hou~h ~dt~ Road, CIE 16. [~ ~u~s~d~ current rLve Year ~ork ProE-~, [r~ a ps.LiKing and cost management perspectSve, L: Ls prudent an& tn :he interest of the pubttc for staff tntt~ate and complete the cone'.ruction o~ the outfaIl swale vtthSn the l$~ the pe~ics, In advance o~ the roa~ay con~cruct~on f:~ Santa Barbara Blvd. to S.R. ~S, Otdt~nce ~a. 9:-30, ~tc~ amends Ordl~nce No. &~-21. Green Heron, ~ Planned Unit ~velo'~eent, was approved by t~e Board o~ Co~lssi nets on April 11, 199:.: and ~S. the Developer 1~ the contract vendee of the property sho~ Sxhtbit 'i', vhich Is a:tached hereto a~ made a part hereo~. (hereinafter referred to as the 'Property'}; and ~R~S, Ordt~nce ~o. 9~-30 requires that NAP~S AIS~IATES, an Ohio General partnership (herei~fter referred to as '~er') shall ~rant mass.nC associated with the /~reve~ncs co ~dio Road ~ose width would vary from 30 co 35 [eet ~or drai~&e ~oses, ~re particularly sh~ in Exhibit "B', which is attached hereto and ~de a part hereof, along the entire east boundary of said Green Heron ~O; a~ ~S, the ~er has previously platted in ~lat ~k 17. PaBe ~3. Tract "I'. chi twenty-five (25') foot ~lic road ri~c.of.va7 aloe& the ~rth side o~ that portion o: ~dlo Road. ~lch abuts Green Ner~ ~; a~ ~, ~veloper shall co~t~t the outfall drat~&e swale fr~ Radio Road to the ~olden Cate Ca~l, as ~re particularly ~scri~d tn the County's design plans for Project No. 6~031 al desired by A~lt. aar~r & S~age ~, Developer shall receive Road l~acc Fee Credits ~rs~nt Ordl~Ke No. 92-22, as amends(,, for conJc~ctin& the ~c~all drat~&l swale: ~nd ~, ~veloper shall co~c~cc the outfall drai~&e ~ale fr~ 1-75 to chi Golden Gate Ca~l within *.hi life o~ the ~t~ ~ress ~sln Ri~c-of.Vay Pe~ic; and ~S, it has been deterai~d that NIN~ ~ ~$~ NI~E ~DR~ ~O ll/lffi (~92,902,11) ~'aS. ~tch l~ludes ~y fi[teen (1~) ~rcent contingency, la the certltied t'ulc estimate prepared R~C. IK.. ~veloper's Enitneer, tot the ~velo~r to const~cC ~e out,all grat~&e ~ale fr~ Road Co chi south ri~c-ef-vay 11~ of Interstate 1-75: a~ I~(~LEAs. I~t~tthstandin& any Developer ah&l! hame the right, other provisions contained herein, the st Developer's option, to ~odLfy the certainties Plans for that ~rtlon o~ the out/aZ1 dral~&e swale from Radio Road to the south r~t.o~.va7 l~ o~ Interstate 1-7~ so an to incorporate the such eve~t, t~e Deve~opet s~a~ ~t[~ the ~rop~rty o~ ~e~opet'~ deat~n. be entitled Co the exact credit stated above for :~e co~c o~ constructing the drayage oucfa~ Jva~e a~ ortgtna]~ the LnC~Ul~on o~ the Radio Road out/aZZ into thac system. ~e County I&rees cooperate v:Ch the Developer Ln obtatnLn& necesll~ 4pprova~e ~or such a South florida ~ater ~anR&l~n: District, to the extent of County's resource constratn:~ 4n~ vLChLn the ~mLts of Count~'~ authority; and ~ZR~ rZvz ~D 7~/~00 (~6g,2'.5.7~) ~L~s. ~[c~ Lnc~udes a fifteen percent conc~&ency, ~ t~e c~rtt/~ed co~c estimate prepared by R~C, Inc., Developer's Kn&tnee~, ~or the ~velope~ to toast.ct the outEalZ draL~&e from the notch ~/&hc-of-vay ll~ o[ Interstate 1-75 to the Golden Cate Canal; ~S. it is ~t~lly a&reed by both parties that the Credit of ~92.902.11 required to construct the southern portion oE the eut~all sva~e, ahab2 be a~ded Co C~e c~e~[t of ~69,23~.7~ to construct the portion of the out,ail drainage s~/ale, providing a ne~ balance o( Any addtC{ona[ costs ~haI[ requite Developer to obtain prtor ~r[tten approval ~roa County; and ~S, both paroles co ch[~ A&reemenc acknov[ed~e that the Road Impact permit t~sued thereon, unttI all much C~ed[t ha~ been exhausted or until deveIopmen: upon the ~ope~ty ham been completed; an~ VHEREAs, both part/em to this A 'd ,dlt only .,.in.t '-p.ct fees for v~ ~ -' zn[sh or :educe any ocher ch-- · _ -~cn ueveloper ~EREAs. such proposed plan is in conformity v/th improvements and additions to the trmnmportation network; and contempls~.ed I~'ttEREA$, such proposed plan, vteued in conjunction vith Ocher exlstin~ or proposed plans, rill not ad~a'.soly l~pact the cash Elov or liquidity of any Rood Impect Fee Trust Account in such a ray aa to frUstrate or interfere ~Ith other Planned or on&oln& ~rovth necessitated capital improvements and additions to the trsnsportation netvork; and ~HER~A$. such proposed pi&n. vleved In conjunction uith other existini or proposed pla~e. ~111 not create a ~atrl~ntal l~belanea between the arterial and collector roedva~s; and VltER~S, the proposed plan is consistent rich the public interest: and ~q~EREA$, both parties to this A&ree~ent acknovled&e that the failure oE this A&reement to address any permit, condition, tat1 or restriction shall not relieve either party, or their successors, o~ the necessity of co~plyin& virh any lsd, ordinance, rule or relulation IovorninI said permittinl requirements, conditions, ter~e or restrictions; and YI~EREA$, both parties to this A&ree~nt acknovlad~e that the burdens and benefits of this A&ree~nt s.~all be bindln& upon and shall inure to the sUCCeSsors in /nteramt to the patties to this A&remnt; and ~I:~EAS, both parties to this A&raement ackr~vlad&e that this A&ree~ent ts not to be construed as a d~veloI~ent s:ree~ent urger the rlorid~ Local Go~arna~ent Development A&reemer. ~ T ~ E ~ S ~ T H: NO~*. THEREFORE. ~or ·nd i,t conslderecion of the premises ·nd resp~ctive undert·klngs of the parties he~ins[cer set forth end the su~ of TEN DOLLARS, and other good and val~:eble consideration, the receipt ·nd sufficiency of which era hereby ~utually tckr~owledged, ~t ts a~reed by and between the parties as 1. The ·bore recitals are true and correct and ·re her·with incorporated · s · pert of this Agreement. 2. The Developer shell construct the out[all dratnale swale from Radio Road to the Golden C·te C·nal, as more p·rticul·rly described in the County's design plans for Project No. &S03l as designed by Agnolt, Barber & Brundn~e, Inc., however, Developer may. at I~veloper'e option, construct m l·ke system on the property that will be properly permitted by ell proper goverr/~ental authorities to replace the portion of the outfall drainage swale from R&dto Road to the south ri&hr-of-way linn of Interstate 1-75. ·s long ·s s·id system shell accept the out[all from Radio Road that vas permitted or the dretrtige my&la and provided Developer shall be responsible for ell construction ·nd permitting costs associated withe the projects l·ke system or the inclusion o[ the Radio Road Out[ell into that system. 3. The County, should the Developer elect to modify the portion of the out[all drainage swale from R&dio Ro·d to the south ri&hr-of-way line of Interstate 1-75, shall coopar&'a with. and assist. Developer in obtaining any necessary permits for said mc~,fication, both with the County and with other ~overr~nencal a~enciea, such es the South Florid· Water Management District. to the extent o£ County's resourc,~ constraints and within the County's authority; and h. In exchange for the swale construction as noted &bore. the Developer shall be entitled to a Road Impact Fee Credit in the amount of the Developer's actual costs for the construcl :on of the Out[all Drainage Swale described in Section 2. The credit shell I,~ effective ·s follows: (a) Initial estimated Credit in the amount of $69.23~.75 shall be ay·liable upon comple~i¢.n of the construction of the out£ell dr~lnaBa swale from the north right-of-var line of Interstate 1-75 to the Golden ,lite Camel end receipt by County of t{~e ac2ual construction costs thereof certified by · professional em&ameer registered in the 5tat· of Florid· as bean& true and scour·tm: end (b) Initl·l estimated Credit in the amount of $92,902.1~ shall be available upon ccepletion construction of the outlall drainage swale from Radio ~oed to the south right*of-way line of Interst·ce 1-75 and receipt by County of the actual construction costs therefor certified by a professional em&lamer registered in the irate of Florida aa being true and accur·te. The total ·mount of the credit av·ll·ble to the Developer shall not be in excess of five (SI) of the initial estimate of costs. 5. Developer shall retain adequate records and supporting docun~entet~on which concern or reflect tot·l project cost of the Improvements co be contributed. This lnfornaCton shall be my·liable co the County, or its duly · uthorizad agent or representative, for ·udit, inspection or copying, for a minimum of f/va (~) years ~roe the tarninacion of this AGreement. 6. £ffacttve es outlined above, until development 0£ the Property is completed, or until the bnlanc, ~f chi Ro·d Ilpact Fee Credit has been reduced co zero (0) the County shall ·pply portions o~ chi Road Impact Fee Credit toward the Ro·d lap·cc Fees v~'.lch the Developer ia required to pay for ea:h building pernic which ts ·pplied for on the Property, reducing the b·l·nce the Ro·d Impact Fee Credit by :he s·me amount due ~or e·ch building permit so issued. 7. County shell provl(a Developer with certified copy of this Agreement, including all exhibits att·chid her/to, such that Oeweloper's certified copy of £xhibic "C" and £xhibic 'D" (Road Imp·ct Fee Credit Ledger). shall ser~e a· chi ledger sheet to document Developer'e balance of Ro·d Impact Fie Credit~. 8. Ulch each building permit issued on the Proper:y, the County shdl subtract free the Road IIwpacc Fee Credit bsler~e the afsount of Road Impact Fee: appropriate Co that particular perutC and shill enter ~e new ballflct Lfl ch4 belnflce, bo~h the ~ ........... ~41fnce. Next to Chis ~ev credit 9. Developer ac~led~os ~h~C the ~1o~ or contributions con~e~la~ed un~r ~he A~ree~nC shall ~ c~c~d ~ c~rac~erlzed os york ~e a~ proper~y rl~s acquired by a hf~,7 or reid sle~7 for L~rove~n~ o~ a road vl~hln ~he bounties of a rl~*of-vly. 10. Count7 shill record ~his Atree~n~ In the ~blic Records of Collier County, Florida, vi~hin [our~eon (1~) ~ys of les execution by cbs ~air~fl of the ~srd of County C~[sslo~rl, 11. Either par~y co this AgreeMnc ~y file ~n *cOlon for lnJu~lve relief In the Circuit ~r~ o:' Collier Coun~I' Florid,, ~o enlorce ~he terms other re,dies available Co Ch* parties for enforcemen~ o~ the Agr~emefl~. o~ ~he pir~les ~o ~e A~reemen~ or by ~heir successors In 11. ~ls vric~en Alree~r.l, lncludin~ ill exhibits aC~ach~d hereto shmll conscicu~e the en~tr~ no prior alree~nc and undersCandln% * Co conte~oraneouf written or oral of the parties, and there ire -- ~-*nancs nsc con,aimed herein. · II. ~ls A~reeMn~ ~y bs executed in coun~,rpor~s, eic~ o~ vhich shill b, g~emed iff orlll~l' bu~ ~11 such councerpfrts ~o[echer shill Constitute bec 1~. ~Is A~reemenc Is loverned ~nd construed In ~ccordence rich ~he DE the State o~ Florida. 16. ~e pnrCies ~cknouledse ~h~t Developer m~y Crnns~er ~ nssi&n I~cc Fee Credits to ocher project of Developer or ~ rel~ceg encl:y for · ny bulldin~ permit uich respec~ ~o nny preper~y located Eros ~ime co u/~hin Ro~d Impact Fee District ~. IN VITH£S$ I~HEREOr, the County and the Developer have Agreement Co be signed on the day and year first rtl:ten above. DATE: ATTEST: BOARD OF COUNi'I~ CC)~II$SIONER$ D~ICHT £. BROCX, Clerk COLLIER COU'A'Ty, FLORIDA BY: . Deputy Clerk TIHOTIIY L. ~~n -- caused this ~,~nc Or TT-ps) EX!~IB IT "A" A parcml of lend lying in Iecti?n 33, To. ship ~9 South, Range 26 East, Collie County, Florida. lying north of County Road gS& (Radio RoadJ and south o Interstate Hl/,hvmy 1-75; bain[ ~oro particularly described aa follovs: Comaencin& at the Ioutheaat corner of Section 33. ?or. ship &9 South. Range 21 East, Collier County, Florida. lun thence ~OO'i&'21'V. 50.O0 feet along th, east line of said Section 33, to a point on the north right-of-way line ~unty Road 856. ~ald point being the ~oint o[ ~gl~ing. Run thence said north right-o~.vay S89'2A'12-~, 2~A}.51 feet; thence Sl7'~'21'~, ~0.0~ ~eet; run thence along the vest line of the ~st 1/~ of the West 1/2 o[ said Section 33, N00'06'26"~, 310A.22 feet to a point on the south right-of.yaW line e~ Interstate 1-75; thence alon~ said ri~t-o~.vay MIT'55'li"E. 1917.a7 feet; thence 1161.13 feet along the arc o[a cu~e, cu~ing to the ri~t thr~gh central angle o~ 0~'~'20" at a radius e~ lllii.iA ~eet to a point on the east line o~ :he a~ere~nt~e~d Secti~ 13, said Cu~e h~ing a chord e~ llil.13 feet and a chord bear~n~ o~ SI~'0~'~-I, the~e along said east line SOO'IS'AS-E. ~50.02 ~eet to the ~t 1/~ corner o~ Section 33; Che~e continuing along east section lt~ l~'li'21'~, 2iil.tl to a point on the north ri&hi-of-way line o~ Co~ty Roe: Il& and returnin~ to the Point o~ ~ss and except the parcel o~ lend that vas conveyed by Warranty Deed to Developers. Inc. and recorded on Septeabe~ 10, 1990 in O[ficial Records Book 1557, Page llal et seq o~ the P~,blic Records of Collier County. florida. ~se and except the parcel o~ lend that was conveyed by Warranty Deed to ~axwell o~ Naples Corporation and recorded on ~ay 17. 199A in O~icial Records ~ook 19~!, Page 0120 et seq of the Public Records o~ Collier Count~, Florida. EXHIBIT ".~" SECTION ~34, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA LAND DESCRIPTION fE~ T: ~.. .', ~':~"~ ~ ~ s ~'~'o:'~ / egc.,~,~;~ ~: ::_ ~ ' · Is a~'~ "'" ~/. o~.o,. '~"" x . 30.07 J~ ' ~.O' SKETCH AND DESCRIPTION PRCPAR[O BY: NOT A SU~Y * . ~ ' - ' '~s~';: · ~/~/r ~~Ol~ DA EX~I&IT "C- ~a~.LT~62~: Th ia Road Impact Fee Credit L~dger is intended ocua(nC the balance of road impact lee credits applying to the follov£n& property and shall be available upon coaplicion of the construction of the ouctlll drainage to the ¢oldan Cate Canal: ^ parco! of lind lying [n Section 33, To~-nshtp G9 south. Range 26 east, ColiC. County, £1orida, ly£nG north -~f County Road 1~6 (Radio Road) and south Interstice Nlghvay l-7~; being nora particularly described es follovs: Cormenctng ac the southeast corner of Section ~3, To~nqs~ip &9 south. Range else, Co~tet County, ~ot~a. cue t~ence n,:O'~'21'v, 50.00 ~eet east ~/ne of ~d Section ~3. to I point oe the north tt:hc-of.vay County Road 156. Slt~ point beta& the point oE beltnnLn&. Run thence s&id nott~ ti&hc.of.uay SIS'2G'I2-V, 26~5.56 ~eec: thence S87'GG'21"V, ~eet; tun C~ance aloe& the ve~t line of t~l east 1/& o~ t~e ve~t 1/2 of Section 33, ~O0'06'26'V, 3~C)G.22 [eec co I point en t~e south rt~hc-o~-va~. thence 126~.S3 ~eec a~ong the arc o~ a cu~e. cu~ing to the right through cencra~ an&Il of 05'~'20" at a rad~u~ of 12366.~ lest to a point on the ~tne o[ the aforementioned Section 33, aaid cu~e baying a c~otd of ~eec and I chord btlrtnl cf 58~'09'~*E, thence along aaid east S00'IS'GS"E, ~S0.02 feet co the east I/G corner o[ Section 3~; tl~e~c right-of.ray line o~ County Road 156 and recuc~tn& to the point of bi~lnntn&. ~JJ and except the parcel o~ 2and that vas conveyed by Vartanty Deed co Developers. Inc. and recorded on Septeaber 10. 1990 In O~icia: kacor~s ~S57, ~a&t ~8~ et seq of the [ublic Records ef Collier County. Less and except the parcel o~ land that vrts conveyed by ~arrancy Deed Haxvo~ o[ Naples Co,potation and recorded on Hay 17, ~99G ~n Of/icta~ ...... ' ................................ ! $ $ EX~IBZT DEVELOprR's ROAD IMPACT F££.CRrDIT L£D(;ER I](?ORTAtr~: hie Rand Impact Fee Credit ~d~er [I Intended ~to doc~ent the balance o~ road impact ~ee ctedtt~ co~eCton of the construction of the ouc~al~ ~va~e [rom Radio Road to c~e north tL&~c-o~.vay Interstate ~-7~. A parcel of land lying tn Section 33, To~-nahip &9 south, Ranks 26 east. Collie County, Florida, lying north of County Road 156 (Radio Road) and sau:~ o Znterstete Highway 1-75; bela& Bore particularly described as east, Collier County, rlortds, run thence nOO'lA'21'v, 50.00 feet along th~ eaec line of asid Section 33, co a point on the north right-of.ray line o County Road IS6. Said point ~eing the point of be&inning. Run thence said north ri&hr-al.uny SIg'2a'12'g, 26&S.56 feet; thence SS7'~&"21'V. Section 33, HOO'O6'26'V, ~10G.22 feec to i point on the south rllht-of.vay of Interstate 1-75; thence along enid right.of-ray NI7'55'16"£, 19:7.17 feet thence 1161.6~ feet alan& the arc of · cu~e, curving to the ri&Bt through cantra~ ankle of 05'51'20' at e radius o£ 11366.&& feet to a point on the east line of the aforementioned Section 33. maid curve hiving · chord of 1161.11 feet and ~ chord bearing of SBg'Og'OG'£, thence sion& said east SO0'IS'GS'E 550.02 feet to the east 1/& corner of Section 3~; thence contlnu£n& ·lan& esst section line S00'1~'28'E. 2561.68 to · point on the Bart? ri&hr-of-ray line of County Road 156 and returning to the point of beiinnini. L~ss end except the parcel of land that vas conveyed by ~arranty Deed :o Developers, Inc. and recorded on September 10, 1990 in Official Recurds ~oo~ 1~570 Page liS1 st seq of tho Public Records of Collier County, rlori~s. Less end except the parcel of lend that ~ss conveyed by Varrenty Deed to ~axvell al Naples Corporstion ·nd recorded on ~ay 17. 1994 in Official Record~ ~ook 19gl, Page 0~20 et saq of the Public Records el Collier County, Florida. ~a&Innin& ~slancs ............ ......... ---~. : ......... ~$92,902.18l I $ I I $. ~ E ,XECUTIV~ SUMMARY APPROVE AN AGREEMENT WITH BONITA GRANDE SAND COMPANY FOR PRODUCTION AND STOCKPILING OF BEACH COMPATIBLE SAND FOR MAINTENANCE OF COLLIER COUNTY BEACHES. OBJECTIVE: To obtain approval of an agreement with Borfita Grande Sand Company for the production and stockpiling of beach compatible sand for maintenance of Collier County beaches on an "as needed" basis. CONSIDERATIONS; On November 5, 1996, thc Board of County Commissioners approved a Tourist Development Council grant application for production and stockpiling of beach compatible sand for maintenance of Collier County beaches on an "as needed" basis. There are only two upland sources of beach compatible sand currently approved by the Florida Department of Enviroranental Protection for use on Collier County beaches. Those are designated as (1) Bonita Farms, owned and operated by Bonita Grande Sand Company and (2) Felda Pit, owned and operated by Jack Queen Construction, Inc. Based upon proposals obtained from thc operators at each location and the estimated cost to transport the sand to the beach, the following cost analysis indicates the Bonita Farms source to be the most cost effective: B0niba Farms Fei,da, * Cost of Material (FOB Pit) $6.23/c.y. $3.25/c.y. * Cost to Transport to Beach 1.98/c.¥, 6.71~/c.y. Total $8.21/c.y. $10.03/c.y. Therefore, the attached Agreement with Bonita Grande Sand Company in the amount of $311,500.00 (50,000 c.y. ~ $6.23/e.y.) is presented for consideration in obtaining the services necessary for this operation. FISCAL IMPACT,,.' Cost: Fund: Cost Center: $311,500.00; to be obligated in the budget for FY 96/97. Potential future additional costs associated with this Agr~-ment are as follows: (1) Annual Stockpiling Charge - $36,500.00 (2) Replenishment of us~ material to maintain a s'~clcpile of 50,000 cubic yards - cost to be determin~l at time of ae~l. (I 95) Tourist Development - 60% (110406) Beach Renourishment & Pass Maintenance '¸0 Executive Summary Page 2 Project Number: (80225) County Beach Renourishraent Sufficient funds are appropriated in the current budget for this purpoae. Future additional coats will be included under Beach Maintenance Activities in the updated TDC Budget Projections spreadsheet. GROWTH MANAGEMENT IMPACT~ None RECOMMI~.~DATION: That the Board of County Commissioners approve the attached construction agreement with Bonita Grande S,'md Company and authorize the chairman to execute the agreement. Harold E. Huber, Project Manager III Office of Capital Projects Management Adolfo A. Gor~.alez, P.E.~Director Office of Capil~l Projects Manggement Ed Ilsclm~er~, ff'd.,;ninistnstor Public Works D/v/sion Date: 8.!?-97 Date: Dat~:~~7 cc: Bonita Gnmde Sand Company Beva:h Rcnourishment/Maintenance Committee AGREEMENT This Agreement, made and entered into on this day of 1997, by and between Bonita Grande Sand Company, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETII: COMMENCEMENT. The Contractor shall commence the work immediately after receiving a Notice to Proceed from the County and (the Contractor) shall complete the production and stockpiling of 50,000 cubic yards of beach compatible fill material within one hundred eighty (180) calendar days. STATEMENT OF WORK. The Contractor shall be responsible for producing, stockpiling, and loading onto trucks for transporting, 50,000 cubic yards of material from an upland sand source located at 25501 Bonita Grande Drive. Prior to loading any beach fill material for transport, The Contractor shall identify the source and have a sample, approved by the County, analyzed for grain size distribution by a certified soils laboratory. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a maximum amount of Three Hundred Eleven Thousand, Five Hundred Dollars and no cents ($311,500.00) based on the unit prices set forth in the Contractor's proposal, subject to Change Orders approved in advance by the County. RENEWAL. Subject to approval by the Board of County Commissioners, this Agreement may be renewed on an annual basis with the provision for an annual stockpiling charge of Thirty-Six Thousand, Five Hundred Dollars (50,000 c.y. @ $0.73/c.y. = $36,500.00). PAYMENT. Payment for production, stockpiling and loading of the beach compatible fill material being provided under this Agreement will be made in six (6) equal monthly payments or for that quantity of material verified by monthly on-site surveys at Six Dollars and Twenty-Three Cents per cubic yard ($6.23/c.y.). The County reserves the right to withhold payment if material is found to be unacceptable pursuant to paragraph 7.B.(2.)(a). $CCESS TO WORK AREA. The Contractor shall provide access as necessary to representatives of the County for the purpose of observing and monitoring activities being performed under this Agreement and for transporting the material off-site. 7. MEA$I,/REMENT AND MONITORING. The area for stockpiling the material shall be of adequate size to accommodate 50,000 cubic yards of specified material with the height of the stockpile not to exceed twenty-five (25) feet and shall include a twenty (20) foot buffer zone around the entire perimeter of the site. Responsibilities of each party to this Agreement with respect to measurement and monitoring of the material are as follows: A. The Contractor shall: (1) Clear and level the surface of the stockpile area. (2) Provide and install security fencing around the perimeter of the site. (3) Engage a professional Surveyor and Mapper licensed in thc State of Florida to perform thc following functions in accordance with Chapter 472, Florida Statutes: a. Establish a permanent reference bench mark monument and perform a topographic survey of the proposed stockpile area. b. Submit a site plan and topographic survey to the County for approval prior to placement of any material in the stockpile area. c. Perform a topographic survey to verify the quantity of material placed in the stockpile area and submit same along with each application for payment. B. The County shall: (1) Provide and install appropriate signs around thc perimeter of the site to designate and restrict the use of this area. (2) Perform inspections and conduct surveys and tests as necessary to verify quantities and conformance with material specifications and to insure the integrity of the stockpiled material. (a) The material shall meet the criteria contained in Florida Administrative Code (FAC 16B-41.007) and the following specifications: All fill material shall be sand which is similar to that already existing on the site in both coloration and grain size. · Ail fill material shall be free of rocks, clay or other foreign matter. · Clay lenses, rock or silt packets larger than 2" in diameter shall be removed and disposed of. The material shall, in general, not contain greater than 5% fines (passing the #200 sieve) or gravel exclusive of shell material (retained by the #4 sieve) and be free of coarse gravel or cobbles. 2 ENGINEER'S PRELIMINARY ESTIMAT~ OF PRO~ASLE COSTS PflOJECT: AUGL,~TA ~l PI;LICAN MARSH DATE: C~28J17 ITEM I II1 IV DE $CRIPTION WATER QTY. UNIT COST 8' PVC WATER LINE 1460 LF 12' x 8' HOT TAP W/b'~ 1 EA 8' G.V.'I 2 EA CONNECT TO EX. DEAD END 1 EA FIRE HYDRANT COMPLETE 4 EA SERVICES fSHOflT) 12 EA SERVICES (LONG! 10 EA P~RMANENT SAMPLE STATION 1 EA TOTAL WATER SANITARY SEWER 8' PVC SANITARY 1353 LF SANITARY MANHOLE I0-121 7 EA SERVICES [SINGLE) 8 EA SERVICES (DOUBLE) 14 EA CONNECT TO EX. SYSTEM 1 EA TOTAL SANITARY SEWER PAVING 1 1/2' ASPHALT 3,290 SY 6' BASE 3,290 SY 12' STABILIZED SUBGRAOE 3,950 SY SIDEWALK 65 LF VALLEY GUTTER 2,990 LF TYPE 'A° CURB 94 LF VALLEY CROSSING (WI'tiMBREL) 180 LF SIGNAC-~ &STRIPtNG 1 L~ TOTAL PAVING DRAINAGE lB* R.C.P. 744 LF GRATED INLET 4 LF THROAT INLET B LF HEADWALL I18') 3 EA TOTAL DRAINAGE IRRIGATION 110.00 tl,SO0.O0 $500.00 $1,000.00 I1K).O0 $150.00 I,~:).00 1250.00 $3.000.00 t350.00 $3.5OO.0O i700.00 $700.00 122.00 129,766.00 $1,200.00 18,400.00 12SO.00 $1,~:)0,00 $300.00 14.200.00 tS00.O0 $500°O0 13.00 $4.00 $13.1 ~O.i[X) $2.O0 $8.0O $520.00 17.00 $8.00 8752.0O 19.00 1750.00 t20.O0 .200.00 IIJO0.O0 I~O0.O0 4' PVC IRRIGATION MAIN 1480 LF 19.00 CONNECT TO EXISTING 2 FA, t400.00 SERVICES 36 EA $100.00 TOTAL IRRIGATION TOTAL SUBDIVISION I~MENTS AUG 2 .~ '~997 P~QUEST TO APPROVE FOR P~CORDIN9 TH~ FINAL PLAT OF ~SAPPHIP.~ LAEE8 UNIT 4C" To approve for recording the final plat of "Sapphire Lakes Unit 4C', a subdivision of lands located in Section 33, Township 49 South, Range 26 East, Collier County, Florida. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sapphire Lakes Unit 4C". These documents are in compliance with the Cour~ty 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 amount of 110% of the total cost of the required improvements is being covered by Construction, Maintenance and Escrow Agreement. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the final plat of "Sapphire Lakes Unit 4C" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $76,765.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $32,070.00 b) Drainage, Paving, Grading - $44,695.00 The Security amount, equal to 110% of the project cost, is $84,481.10 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $1,842.65 Fees are based on a construction esti.~e_._.of.. $76,765.00 and were paid in February, 19 . ~..~~) i AUG g 1997 Executive Summary Sapphire Lakes Unit 4C Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $441.44 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $160.35 Drainage, Paving, Grading (.425% const, est.)- $189.95 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $481.05 Drainage, Paving, Grading (1.275% const, est.) - $569.86 This project is within the limits of the Green Heron Development of Regional Impact. ~C099~NDATI ON: That the Board of County Commissioners approve the Final Plat of "Sapphire Lakes Unit 4C" with the following stipulations: Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Sapphire Lakes Unit 4C." Authorize the Chairman to execute the attached construction, maintenance and escrow agreement. 4 o That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Pit. '~ ~ecutive Summary Sapphire Lakes Unit 4C Page 3 PREPARED BY: John R. Houldsworth', Senior Engineer Engineering Review R~VIEWED BY: Tho~s E. K~¢K, P.E~ Engineering Review Manager ~'"'-~ c~ c ~ ~naZa ~. Arnola Plaming Se~ices Director Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH/ew Date Date i Date Date AUG :~ ~ 1997 ~d)IO OOLO0t OATE CITY SAPPHIRE LA~ ~.S UNIT 4C LOCATION LOCATION MAP CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this day of , 1997, by ARI JOEL DEVELOPMENT, INC., a Florida corporation, (hereinafter "Developer'), TI-[E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter ~l'he Board") and FIRST NATIONAL BANK OF NAPLES, a Florida banking corporation, (hereinafter "Lender"). KECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the al:q:a'oval by ~ Board ora certain plat ora subdivision to be known as SAPPFffRE LAKES. UNIT 4C. B. The subdivision will include certain improvements which ~e required by Collier County axliaaces, as set forth in a site construction cost estimate ("Estimate") prepared ~, Avirom-Tohon & Assoc_ Inc,, a copy is ar~ached hereto and incorporated herein as Exhibit 1. For purposes ofthis Agreement, the "Required lmprowmenL~" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division oflhe Unified l.~nd Development Code requires the Developer to provide appropriate guarantees for the construction and mainteaanc~ of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated Aoril 29. 1997. (the "Construction Loan") to fund the cost of the Required Improvements. - E. Developer and the Board have acknowledged that the amount Developer is required to guaramee pursuant to this Agreement is $84.481. I 0. and this amount represents I 10% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, TI'iEREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set fei'th, Developer, the Board and the Lender do hereb.v covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvemems, to be constructed pursuant to specifications that have been approved by the Development Sec'ices Director ~s'ithia 36 months from the date of approval of said subdivision plat. 2. Developer hereb.v authorizes Lender to hold $84.481.1(~ from the Construction Loan, in e.s~toxs, pursuant to the terms of this Agreement 3. Lender agrees to hold in escrow $84.481, l 0 bom the Construction Loan, to be disbursed only pursaant to this Agreement. Lender acknov,'ledges that this Agreement shall not constitute a draw again~ the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision oft, he Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon ssxirten approval of the Develolxatmt Services Director who shall approve the release of the funds on deposit not more than once a month to the IX's'elalmr, in amounts due for work done to date based on the percentage completion of the work multiplied I~' the respet~'e ~s'enk costs less ten percent (10%); and further, that upon completion of the work, the Development Services Direclor ~all approve the release of any remainder of escrowed funds except to the extent of $~ which shall remain ia es~u~v as a Developer guaranty ofmaimenance of the Required Improvements for a minimum period ofone (1) year purmant to Paragraph 10 of the Agreement. 10. The Developer shall maintain all Required Improvement for one yzar after preliminary apprm~Ibygs~ Development Services Director. After the one year maintenance period by the Developer and upon submission written request for inspection, the IX-vel~ent Services Director shall inspect the P,~iuired Impeovements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibilhym lh~ Board under this Agreement is terminated. The Developer's responsibility for maintenance of the ReRnin~ Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Cmlmty. 11. Ali of tbe terms, covenants and condhiom berein contained $r¢ and shall be binding upon tbe nnim:si~ successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be execumt [s~ liair duly authorized representatives this day of ,19.__. SIGNED, SEALED AND DELIVERED IN Prinled or Typed Na~me~ APl JOEL DEVELOPMENT, INC. a Florida corporation By: '~ FIRST NATIONAL BANK OF NAPLES, n Florida b.a~king .e~rporation ! By: ! 12. William Root_ Senior Vice ?rint~! or Typed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMI SSION'ERS OF COLLIER COUNTY, FLORIDA Deputy Clerk A~ed as to foj~n and legal sufficiency: C.~unty Anomey By: Chairman 1997 COST ESTIMATES FOR SAPPHIRE LAKES - UNTF 4C SEWER NUMBER UNIT PRICE EXTENSION Manholes 0'-6' 8" SDR 35 0'-6' cut Double services Il" x 6" wyes 6" cle, an OUtS 6" SDR 35 3 $ 1,200 ea. 470 $ 12/1.[ 11 $ 275 ea. 11 $ 75 ea. 11 $ 250 ea. 330 l.f. $ 9/1.f. $ 3,600 $ 5,640 S 3,025 S 825 s 2,750 $ 2,970 WATER Subtotal $18,810 8" C-900 530 $ 10/L[ Fire hydrant w/g.v. 2 $ 1,500 ca. Misc. fittings . $ 1,200 l.s. 6" C-900 20 $ 8/!.£ 3' SCH 40 PVC sleeves 400 i.f. $ 7/l.f. Sample points 1 $ 150 ea. S 5,300 $ 3,000 S 1,2oo $ 160 s 2,80o $ 150 DR.AINAGE Subtotal s]3~6o Catch basins 4 S 1,200 ea. Manholes 3 S 1,400 ea. 24" PRB 1 S 200 ca. 24" headwall I S 1,200 ea. 15" RCP 56 S 15d.f. 15" RCP 411 $ 19/l.f. 24" RCP 159 $ 28/I.f. S 4,800 s 4,200 $ 2OO s 1,2oo $ 840 $ 7.1166 $ 4,452 Subtotal S23,558 PAVING, SIDEWALKS, SIGNS & PAV~.,fENT MARKING 24" valley gutter 8" limerock base w/prime I 1/2' asphalt (2 lifts) 1,000 l.f. $ 5/1. f. 1,334 s.y. $ 5.50/s.y. 1,334 s.y. $ 4/s.y. $ 5,000 S 7,337 $ 5,336 Subtotal S17,673 RESTOKATION OF VEGETATION $ Total for Unit 4C AUG 2 5 ]997 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT ~9.614 "VANDERBILT BEACtl SPOIL DISPOSAL," LOCATED IN SECTION TOWNSItlP 4~ SOUTIt, RANGE 2~ EAST, COLLIER COUNTY, FLORIDA. To approve Commercial Excavation Permi~ No. 59.614 "Vanderbil! Beach Spoil Disposal" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATION: Project Plan Review has completed the review of the excavation permit application for the Vanderbilt Beach Spoil Disposal site. FISCAL IMPACT; The fiscal impact to the County is being handled by an internal transfer of funds. The County has received an application review of $850.00 transi'erred to Community Development by OCPM. The County will realize revenues as follows: Permit Fee: $94.00 *Road Impact Fee (approx.) $1080.00 The seozrity amount will be $25,000 mininmm amoum unless wai,,,ed by the BCC GROWTH MANACaUVlENT IMPACT: None RECOMMENDATION: Thai the Board of County Commissioners approve Convnercial Excavation Permit No. 59.614, Vanderbilt Beach Spoil Disposal and waive the requirement for security. 'Commercial Exc. r~Jon P~it No. 59.614" Page 2 PREPARED BY: Date REVIEWED BY: Thormu E. Kuck, P.E Date Donald W. Arnold, AICP Plara'dng Services Deparunem Director Date / : / · . / ~mc. eat A. Cautero,'Adminimator Date Community Developm~ and Environmemal Services SC/pd/£EAB Executive Summaries/Excavation Permit NO. 59.614 Il, .0 OF lit ¥~xICO 'AUG I I / % \ 8 · II AUG ~ 1997 EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE RESULTS OF THE ANNUAL COLTNTYWlDE TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM AND REQUEST FLTNDING APPROVAL ALONG WITH RECOMMENDATIONS FOR INSTALLATION OF THE RECOMMENDED IMPROVEMENTS ~ To report to thc Board of County Commissioners the findings and recommendations of thc Transportation Services Department on the annual Countywide traffic signal warrant studies. In addition, the Transportation Services Department is also requesting funding approval and authorization for installation of the recommended improvements in FY 97-98. CON$1DERATION$~ The Transportation Services Department performs numerous traffic signal warrant analyses throughout the year. A traffic signal warrant is a criteria which, if satisfied, is an indicator that a traffic signal may be an appropriate traffic control device for the specific location. There are eleven standard warrants to be considered in performing traffic signal study and analyzing an intersection. These studies typically cover about $0 intersections over the course of the year. The studies are performed on intersections located in various parts of the County: from Marco Island to Immokalee and from North Naples through Golden Gate to East Naples. The studies analyze safety and traffic flow through the intersections. In addition, both pedestrian and bicycle traffic is considered, as well as adjacent public facilities such as schools, parks and approved new development projects. In addition to traffic volumes, the analyses consider factors such as vehicular delay on side streets, pedestrian volumes. accident history, and school crossing locations, in 1992. the Board approved a Policy. for the Installation of Traffic Signals on Roadways la Collier Count., (Attachment No. ] ). That Policy mandated that. of the eleven stan'dard traffic signal warrants analyzed, at least three or more of the major warrants must be satisfied for a location to be considered for installation of a traffic signal. Several of the proposed improvements do not strictly meet those criteria: however, they are presented in this request because both the Transportation Services Department and Public Works Administration believe they are representative of good transportation plarming. A summary spreadsheet listing the locations studied over the past year is attached (Attachment No. 2). Of the intersections studied, the following are recommended for signalization or for other intersection improvements consistent with the goal of Safe operation of the roadway network. These proposed improvements are listed in no particular order: I. CR 856 (Radio Road) ~ Countryside Boulevard/Devonshire Boulevard~ 2. CR 90 (US 41 East) ~ Price Street/Triangle Boulevard2 3. CR 856 (Radio Road) ~ Industrial Boulevard/Donna Street~ 4. CR 851(Goodlette Road) @ Thirteenth Street North' s. CR 953 (Bald Eagle Drive) (~ Elkcam Circle South~ s. SR29@SR826 SR 45 (US 41 North) ~ Gulf Park Drj~ve' S. SR 45 (US 41 North) ~ Castello Drive Southm 9. CR 951 ~ CR 846 (Immokalee Road)~ 10. Vanderbilt Beach Road Extension ~ Oakes Boulevard'° II. SR 90 (US 41 East) ~ Broward Street~l FISCAL IMPACT; Funds arc budgeted in Fund 313-163673-76310040172 on an annual basis for signal installations and associated intersection improvements. Budgeted funds are sufficient to complete the above recommended projects. Funds are currently budgeted for FY 97-98 in the Tentative Budget. Proposed signal installations and associated intersection improvements arc estimated to be at the budgeted level of The present signal systems (I 20 locations) have an annual operation and maintenance' cost of approximately $3500 per signal. Flashing beacons cost somewhat less to maintain on an annual basis. The proposed new signals and flashing beacons will cost about the same as those existing to operate and maintain. t This signal will require coordination with the Radio Road' Santa Barbara Boulevard signal. : This signal was scheduled to be constn~cted as pan of the FEX)T reconstruction of SR 90 (US 41 East) six-lane project in the Year 2000. However. it is presently warranted and advance funding is recommended. Partial funding may be available from an adjacent developer. ~ This signal may replace the signal at Radio Road'Commercial Boulevard when Livingston Road is completed. ' No signal is recommended. The County and the Post Office are working together to provide median modifications and traffic circulation improvements. This intersection is listed for information only. : This signal will be installed after the intersection improvement project is completed. ' This project will consist of a flashing beacon and street lighting .Funding will be provided by FDOT from their safety, funds. The Count)' will assume maintenance and operation responsibilities. ? Partial funding for this signal may be available fi.om an adjacent developer. ' This signal will be coordinated with the US 41/Pine Ridge Road signal. ~ This will be an upgrade of the existing flashing beacon. This proposed upgrade is consistent with the expected gro'.xh in development of the surrounding area. m This signal is proposed in advance of meeting all warrants. The proposal is consistent with the expected traffic growth as a consequence of approved development in the immediate area. n This signal is recommended for operation as a school hour signal. Funding is contingent on the execution ora Joint Participation Agreement be~veen the Board and the FDOT for advance funding consistent wilh the FDOT Work Program. .~_ ! .... GROWTH MANAGEMENT IMPACT: The in.~llation ofl~u"~c signals ~pical]y reduces thc volume capacity of a roadway segment. Therefore, reduced capacity impacts are included in the analyses of need and justification. For the projects recommended, the typical value of the capacity lost (based on "green time" available at the intersection) is estimated at between $50,000 and $100,000 per signal ins',allation annually on a system- wide basis (Please see Anachmem No. 3 for examples). There arc, however, savings to be realized in the form of improved turning movement conditions, reductions in side ~ delay, and reductions in certain types of accidents and their severity. The value of these savings is estimmed to equal or exceed the value of the lost capacity. In those instances where median modifications, rather than signalization, are recommended, capacity is not lost nor arc unsafe turning movements increased. These modifications typically have a more positive cffcc! on capacity ti-an do traffic signals. RECOMMENDATIONS; That the Board of Count' Commissioners approve the Transportation Services Department recommendations for traffic signal system installations and imcrsection improvements: reconfirm funding of the improvements from Fund 313; authorize Staffto proceed witl ~e~ of thc work as proposed. " . i k. Interim Transportation Services Director REVIEWED Ed Ilschncr. Public Works Adminis-cator Attachments: NO.1 - Policy for Installation of Traffic Signals on RoadwaYs In Collier County No.2 - Traffic Signal Study SPreadsl~eet No.3 - Capacity Reduction Due to T~affic Signals COLLZER COUNTY TRANSPORTATION SER¥ICE$ OZVZSZON ~UNE, I992 POLICY FOR THE ~NSTALLAT~ON OF TRAFFIC SIGNALS ON ROADVAYS ~N COLLZER COUNTY The following are the policy guidelines for the determination of criteria to warrant the installation of a traffic signal on roadways in Collier County, Florida. ]. The Hanual on Uniform Traffic Devices (HUTCO) was developed and adopted to ~nform to Federal law in that all states must conform to Federal standards. accordance with the HUTCO: 'Traffic control signals should not be installed unless one or more of the signal warrants in this Hanual are met. The satisfaction of a warrant or warrants is not in itself Justification for a signal. Information should be obtained by means of engineering studies'and compared with the requirements set forth in the warrants. The. engineering study should indicate the installation of a traffic signal will improve the overall safety and/or operation of the intersection. If these requirements are not met, a traffic signal should neither be put into operation nor .continued in operation (if already installed).. 2. The County's Fiva_v traffic signal installation and t ~ -Faf mransportatton Plan outlines the riot minimum war s conttnent P lttes for rants based on the HUT g __upon.~he Intersections of Collier County. CD, and also meetlno nrto ~+ ..... meett.ng . . r.~ requlreme4r~ in consideration of overall priorities, County policy for destgn/tnstal- Oue to funding limitations, due to capacity impacts, latlon of traffic signal systems ~t~,.of. three (3) ma~or sl~naltn:!~_.!nt~e:tton conditions ~ acc~aent warran+ ~,, .... ~ . , a~anC$ Wlth one nr +~. . . '~"~ .... /~ safety~capacity (LOS) rela~d['e warrants being 3. Zn the series of warrants outlined in the HUTCO, there are five (5) tl~: normally come into consideration. The five (5) warrants are: a. ~[tnimqm Vehicular Volume - This warrant is any eight (8) hours of ~n average day, the satisfied when, for each traffic volumes on the street are at least ]50 vehicles or more per hour, and the volumes ~ the major street are 600 vehicles or more per hour (see Manual fa,' specific details). b. - This warrant isn f t T · satisfied when, Far the minor street are 75 vehicles or more per hour, and the trafffc ~ ~y ,uurs or an average oay, the traffic volumes om volumes on the major street are 900 vehicles or more per hour. Theme volumes on both the major and minor streets must be met anCL additionally, there must be an average of at least three (3) accidents A~Cachment No. 1 per year over the last three (3) years correctable by a traffic or a delay time for the minor street that averages at least 50 secom:ls (see Hanual for further details). c. ~Jntmvm Pedestrian Volvm,. - This warrant is satisfied when, for each of any eight (8) hours of an averaae da . t vehicles or more ~ ._ y. he t~afftc volumes are ~er hour, and for the same eight (8) hours there'a(~O~ 150 pedestrians per hour on the highest volume crosswalk crosstn~tl~ major street (see Hanual for further details). d. ~ho~l Crossin~ - This warrant is satisfied when traffic engineering study of the frequency and adequacy of gaps in the vehicular traffic stream as related to the number and size of groups of school children at the school crossing shows that the number of adequate gaps in traffic stream during the period when the children are using the crossing is less than the number of minutes in the same period; that the adequate gaps occur less frequently than an average of one per minute (see Hanual for further details). e. ~J:ctdent Expe[ien~ . This warrant is satisfied when adequate trim] of less restrictive remedies with satisfactory observance and enforcement have failed to reduce the accident-frequency; and five (5) or more reported accidents, of types susceptible to correction by traffic stgna] control, have occurred within a 12 month period, each accident involving personal injury or property damage to an apparent extent of One Hundred Dollars ($]00.00) or more; and there exists a volume of vehicular and pedestrian traffic not less than Eighty Percent (80%) of the requirements specified either in the minimum vehicular volume warrant, the interruption of continuous traffic warrant or the minimum pedestrian volume warrant; and the signal will not seriously disrupt progressive traffic flow. In some circumstances, such as traffic signals mandated by a PUD agreement and requiring a fair-share contrlbut(on b ~ir-share. contribution situation, a'traf~?e_.dev~l°per ~r !nm stmilmr aavance or meetin- a ~v ..... , ,~ ~ ,,u s~gna) may oe lnstalle ~ °''--~ ,~, oased on an engineering study, a warrant will be met in the time frame in which the development is completed. Traffic signals may also be installed in advance of meeting a warrant when, based on an engineering study, a warrant will be met as a result of the. improvement of the roadway or intersection and the improvement is concurrently being made. GFA:mk:62292:5545 .) EXECUTIVE SUMMARy R.ECL;:..i.~(DATiON TO AWARD FOUR(4) ANNUAL BIDS, NUMBERS 97-2704, 97-270~, 97-2707/' .';~ 97-2708 FOR FISCAL YEAR 1997/1998. in FY Purch~s !, sutfm~ a~y. : To award annual contracts for a variety of services and commodities to be proc~m~ y County D~anments. ',TJ.12I~: Invitations were sent out on June 6, 1997 and opened by the County ::;~artment on July $, 1997 and July 1:5, 1997. Tabulation sheets ar~ attached to ltti$ Ail bids ~.:: :~or term agrcern~ts for services and~br commodities, and will be purclmsed on m ~s needed b,~.i,~ ,,nly. Costs are controlled by the operating budgets of the individual depamnents. The arnou:~I.,: ... ".;~ are not intended to be fixed ~nounts since it is difficult to identify what type of neccssi:y.: : ;~ergency will arise to affect the ordering of these services and commodities. Each pro;-. ; has been evaluated by the initiating department and recommendations for the con~ng fiscal yca.~ .,~ c listed below. However other County Deparlrnents may purchase under the contracts should thc ~ccd arise. Bid :,~97-2704 - Limerock & Fill Materials (Road & Bridge Section) Five(S) bi.-!,: were received for limerock & fill materials. Floflda Rock Industries, Harmum Brothers, / '::c-Florida, Harper Brothers and Soutkern Sand and Stone a~ recommended award. L'.::~: .~,~arper Brothers was iow bidder on crushed iimerock, due to distance to pick materials fl; don Myers it is not cost effective. Orders will be placed with the lowest responsive bidder on a ite. m by item basis subject to quantity, cost and delivery considerations. F. slim~g annual expenditures and fund number for FY 97/98 are as follows: $10,000.00 in 102-163641; $16.000.00 ~n 103-163642; $85,000.00 in 104-163643; I;:50,000.00 in 106-163645. }2id. ~.:.77.2 705 - Asphalt & Related Items (Road & Bridge Sections) ThrecO: ~i, '. '.','crc received for (Asphalt & Related Items). Better Roads, Inc., Apae-Florlda, lee. and Harper ~:rotbers, Inc. are recommended for award. Orders will be placed with three responsive bidder on a item by item basis. Estimated annual expenditm.~ and fund numbers for i:Y 97/98 are as follows: 25471,000.00 in 102-163641; $248,000.00 in 103-163642; $324,000.00 in 163643; 1;202,000.00 in 106-163645; and $300,000.00 in 313-163673. Bid e97.2707. Delivery of Concrete & Metal C"ulven Pipe (Road & Bridge Section) Seven(7) bicL~ were received for delivery of concrete and metal culvert pipe. Southern Cubist, U.S. Filter ;;ka'ibution Group, Contect Construction Products, Metal Culvert and Coodult of Vk>rlda are recommended for award. Orders will be placed with the lowest responsive bidder on a i:cm by item basis. Estimated annual expenditures and fund number for FY 97/91 it $3:5,000.00 in l 0 l-163620-653210. I ; .,' ",t :'. '~;.:, I ... REVIEWED BY:._~~~ ~..e..~ David F.., Bid ~97-2708 - TuffPurchase and Delivery (County Wide) Various County Departments have a continuing need throughout the year for ~e purchme amd delivery, or purchase only of ~xl in a~otted type~ and amounts. Many time~ the need fen' sod i~ immediate and in quantifie~ ~mall enough to be picked up by employee~ on any given d~y. Four(4) bids were received for tuff. Gulf Co~t lmed~eape Supplle~, GoMe~ Gate Nur~e~, & Sod, Inc., Naples FertlHzer and R&B Turf Farms ate recommended for award. Pelican Bay Services budgeted $6,000.00 in Fund 109-182901; Parks and Recreation budgened $12,000.00 in Funds 001-156332 and I I1-156334, Road & Bridge Department will ~ S! 19,000.00 in Funds I02-163641, 103-163642, I04-163643 and 106-163645. E]~C~,,_[~: Total fiscal impact for all commodities/services coveted in the Execn~ve Smnma~ for Fiscal Year 1997/I 998 is approximately $1,878,000.00. ~: General not applicable ~ t for CIE work Performed in-house. · However, some conlJ'acts may be ~: That the designated vendors be awarded annual contracts for the specified bids, in the unit amounts and terms stated in the Execu~ve summary and the arrayed Tabulation Sheets and that the Chairman be authorized to sign subsequent comracts. Further, ~st the County Purchasing Director be authorized to allow or disallow price adjustments throughom Ibe year, as provided for in the Bid Specifications or a stipulated in the vendors DATE:~ LH/tnV080697/ES Annual Bids.doc iisi ~ X × >( x x x x x (33 0 ~.d 01 ~33 0 ~ {33 ("c')(e) ") I j~ 14~ t~ 4~ EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A WORK ORDER UNDER THE ANNUAL AGREEMENT FOR FIXED TERM ENGINEERING SERVICES W]TH HOLE, MONTES AaND ASSOCIATES, INC. FOR ANALYSIS AND DESIGN OF FIVE INTERSECTIONS AT VARIOUS LOCATIONS (CONTRACT NO. 95-2422, W.O. HMA-FT-97-2). ~ To gain Board approval of a Work Order for the analvsis and design for traffic flow improvements of five intersections at various locations within the County.. CON$[DERAT~ON~ As part of the Transportation Services Department's ongoing program of intersection improvements to increase the safety and efficiency of traffic flow. five intersections have been identified as candidates for such improvements. The intersections are: · '9,'hhe Boulevard ~ CR 951 ,' Barfield Drive ~ San Marco Road · Winterbero' Drive ~ South Collier Boulevard · Shadowlawn Drive ~ Davis Boulevard · Airport-Pulling Road ~; Golden Gate Parkway A Work Order for the following services for each intersection has been negotiated with the firm of Hole Montes & Associates. Inc.. under the terms of the County's Annual Agreement for Fixed Term Professional Engineering Sen'ices. dated Sept~ember 26. 1995 (Contract No. 95-2422): site surx'ey: traffic analysis: design report; design: applicable signal or lighting modifications. In addition, the~'e are several contingent tasks that max' be applicable to certain intersections. The Work Order is set up to allow for those task} only if the County finds them necessar-,' to complete the work. A copy of the proposed Work Order is attached (Anachment No. l ). '"~ISCAL IMPACT; The proposed compensation under this Work Order is: Basic Sen'ices Contingent Services Reimbursable Expenses TOTAL FEE $55.609.00 $30,830.00 $86,439.00 Funds are available in Fund 313-163673-631400-66065. GROWTH MANAGEMENT IMPACT~ Implementation of intersection improvements at various locations throughout thc Count).. ~,~i]l assist in mainta/ning roadway capacity. This objective is consistent with the Growth Managcmcn! Plan. RECOMMENDATIONS; That the Board approve Work Order No. HMA-FT-97-2; authorize the Chairman to sign thc Work Order on behal£ofth¢ Board; authorize Staffto £d v"ar~t:"-"5'~i or Engin ocr DATE: "7 "$/' ~'7 DATE: M/tch Momtaz. P.E.. Project Manager II, OCP'M Adol£o A. Gonza]e~, P.E., ~rcctor. OCPM REVIEWED BY: REVIEWED BYe. · anick, Interim Transportatio~ ervices Dir~ctol~ Ed llschr~r. Public Works Administrator / ,, Attachments: No. 'I - Worl< Orcler No. HMA-FT-97-2 WORK ORDER # H~-FT.~?.~ Agreement for Fazed Term Profeslional Engineering Servicei Dated September 26, 1995 (Contract #95-2422) This Work Order is for pro~essional engtneering terricel for work known al Project Js aelached hereeo and made z part of Ihzs Work Order, In accordance with the Testat And Conduions of the Agreement referenced above. Work Order WHMA.~T.~7.2 ~le. Mga~e~ & Al~clites. Inc. (Firm Name) PlttJe see the attached scope ~f work. ~c~cdu~c g~ Work~ Complete work ~thZn ~ dz)s from receip( ot Ibc Nolice ~o Proceed authorizing lilt( of work. Comocnsa[io~ Tn accordance Wilh Ar[Jclc Five or Iht Ajrecmcnf. compcnlale fhe Firm Jn aCCordance with Ibc nClOlialed lump Jura amdahl JhdiCllcd Jfl schedule belo~ Please lee fhc allached ma~ hour break Basic Ser','icc 5 - Contingency Scr~.'ice . Reimbursables TOTAL FEE Any chanle ~lh~n monetary aUlhorHy of H~s Work Order made subs¢quenl Io dcparlmenl approva~ ~HI be considered an add~l~onal sct~ce and Chzr~ed accOrdlnl Schedule ~A' of Iht Agreemen~ Ivlilch Momtaz. p £. Projccl ~4anager  icc of Capital Projccls Managemen~ DATE E 'EWEDBY olfo A Gonzalez. p E . D~r~ OFhcc of Capual ProjCCls Manzg~n~ DATE ATTEST D~g~ E 8rock. Clerk Dcpu[:, Clerk ApprOved as I0 Form and BOARD OF COUNTY COM'~IISS1ONERS Collier Count). Florlcla 'Fyp¢ Name and THIn ~ (1) Signature ~,/ -- Prinl Name By T,moth~, L Hancock. A1CP.Cha,rman Prml Name WORK ORDER # Ajreement for Fixed Term Professional £n~ineering Services Dated September 26, 199'; (Coalraet e~5-2422) This Wor~ Order is for professional cn~ntcr~nl sctv~ccs for ~or~ Thc work IS specified in the proposal dated June 2&, Conditions of Ibc A~tcemcnt rc~crenccd above. Work Order ~N~A-FT-~T-2 (Firm ~3mc) ~hcdult of Work: Complete ~ork ~lfhtn ~ d~TS from reccs~ iIIhOrlZil~ senti of ~ork. Comoc~satton~ In Accordanc~ w~h Ar~,clc F~c of ~ke A~. Basic Services o SSS.&O9 Con tnl:enc~ Ser,'lcc . S.,,)O.ll3dl R¢imnbursables TOTAL. FEE Any change wJlhln monclary 3ulhOfll)' Of this Work Order ma"~e snk~'q~n! lo final dcplrlmCnl approval will bc considered an Idd~l~Ona[ sera,ce and ckztle~ ~cofdtml Ia Schedule 'A" of I~c Al~ccmcnt Adolfo A Gonz~lcz. P E . Dtrcc~t ~) DATE Off, cc of CapH~I Ptojccll ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E Brock. Clerk Colher Counl~. Flot~d~ By By Dcpul) Clerk Approved as ~o Form and Legal S7 r/i c~e n c.~ Ass~slanl C~Unl~ Attorney Dolt ATTEST (CorpGr,at¢ S¢crclar)) By Timolh) L. Hancock. AICP.Chalrman Ilnl~s Mnn!e,s & ^sqn¢isless In(:, Conlractor Prinl Namnc' // ® I, IWI HOI.F,., IIOI(I'F,,~ & ~SOCIATES. fNC Juno 26. lgg7 Mr. Mitch Momtaz, P E Collier County Government ~ of Capital Projects Managemc, m 3301 East Tamiami Trai! Naples, FL 34112 FILE COPY PO~I-II ' brand tax trans"nitla~ memo 7671 /' o, p4~ - / RE: PROPOSAL FOR ENGINEERING SERVICES INTERSECTION IMPROVEMENTS HMA FILE NO.: 97.40 Dear Mr. Momtaz: In accordance with your request. Hole Montes & Associates Inc. (HMA; submit this proposal to provide professiona: engineering services :.ruder :~u annua engineering services contract As discusser: ~vith you and Mr Edward Kan~ or. 1997, this project will involve a revie~ ~' f'rve intersections in Collier Count~ purpose of this project will be to determin(, what types of improvements car: be made tc each intersection which will result in ~mprovements to capacity and safety, as ~ndicate¢ in Mr. Ed'ward Kant's May 28 1997 ,'nerr~ ,' M, Adolfo Gonzale7 The :ntersectiom included in this projed are 1. WHITE BOULEVARD AT ~ 2. 3 4 5. BARFIELD DRIVE .AT SAN MAqC¢ ROAD W1NTERBERR¥ DRIVE A- SOU:i~ COLLIER BOULEVARD SHADOWLAWN DRIVE ~- D~IS BOULEVARD AIRPORT-PUb.lNG ;ROAD ~-- ,~©~ DEN GATF PARKWAY' A scope of services for each intersechon ;s attached along With oroposed fees fo' earl task. Task fees are proposer as lump sum amounts. The following items are assumptions whir'- ~rv. ¢)art of this propocal There will be no environmenta: ,s.~ue· .',,hm,, .,viii require, obta,mqg ,. 3e:m; The County wii' prov~d~ ,.'.urren ~-~p .... ,:,.Jtate :4gnal ;~l~,'.s :, .~11 -~i.qr,¢~(~.~0- intersections. ~ ' . Letter to Mr. M~tch Momtaz. P F Collier County Government Office of Capital Projects Management Re: Proposal for Engineering Service.~ Dated June 26, 1997; Page Two The County will provide sufficient mapping, platting, data. etc to determine i~ additional right-of-way is required for any improvement and such information will b~ sufficient for the preparatio~ o¢ legal descriptions and sketches if right-of-way take, are required 4. Traffic counts and pedestrian counts will be provided by the County for eact': intersection which will be used to determine turn lane needs, storage requirements and signal phasing. We anticipate that the time for completion of project from notice to proceed to bid ready documents is 90 days, exclusive of County or permitting agency review/approval time We look forward to assisting you with thi~ aro)ect If yo~, haw any ouestions Dlease call. Very truly yours. HOLE, MONTES & ASSOCJ. ATES. INC Walter F. Gilcher, Jr., P.E. Project Manager WFG/cn Attachment (Scope of Serv ce/Task Fee~ Robed L. Murray i' pages) W:~1~'~?'.97040. M M 705262 cc.,- SCOPE OF SERVICES/TASK FEES 97.40 6r26tP- INhlte BlvdJC.R. 951 1 .) Surve), - Obtain topographical information for intersection Horizontal contro' to utilize local rfx:)nurnentation Vertic.~ control to be_ established based or' NGVD (1929) Task Fee - $1,832 2.) Traffic Analysis - Prepare signal inventory, HCS analysis to determine turn lane needs, storage requirements and signal phasing revisions Task Fee - $1,286 3.) Design Report - Prepare a writler .qes~gn report, which will address Recommended intersection improvements · Intersection geometry and alignments · Results of traffic analysis · Drainage requirements · Permitting requirements · Utility relocation requirements · R/W requirements · Order of Magnitude (.onstructfor Task Fee - $2.2,54 4.) Final Desk:jn - Preparation of plans ann contract documents for additional left rum lane and thru/right lane t,~ incl,~de · Final plans "No Notice" Permil · Utility relocation plan and coord~natior- (design/permitting by utility owner · Final quantities · Opinion of probable consmjrlw.,' · Technical specifications · Coordination with County %r or~oarat~on of contract documeqls Task Fee - $4.366 I White BivdJC.R. 951 5.) Signal Modifica'don Plans - Preparation of signal rn(x:lification plans utilizing existing structural supports and foundations Signa! rrx:x:lification cx:)nstructior to be performed under C'_,ount, v .~nnua! contract for traffic signa! mainte.n, anc~ Task Fee - $2.6'13 6.) Lighting Pole Relocation - Prepare relocation plans for light pole.~ ir, conjunction with signa! mod!ficalion plan~ Task Fee - $1.253 7.) New Concrete Strain Po!es (Contingent Task) - Prepare design plans for ney. concrete strain poles for signals at this intersectk)r, Task Fee - $1,573 8.) Survey, Legal & Sketch (Contingent Task) · Provide survey, legal descdptior and sketch for maximum of two parcel takes by County for addition of turn lane. Task Fee - $1,565 Shadowlawn Dr/Davis Blvd 5.) Signal ModhScation Plans (Contingent Task)- Preparation of signa~ r~3d~ plans utilizing existing structural supports and foundation.~ Signal modific.,at~n construction to be performed ur~der County. ~nnu~ contract for traffic signal maintenance Task Fee - $2.193 7.) New Concrete Strain Poles (contingent Task~ concrete strain poles for signa!s et this intersuctior, Task Fee - $2,633 7.) Realign North Approach (Contingent Task~ - Prepare plans to align the north ~pproach of Shadowtaw~ with the south approach and provide ~'u!l width southbound righttthu lane. Task Fee- $2,129 I"t\ I lib'' ~l~I'R~ 97.40 I / / ScOPE OF SERVICES/TASK FEES Al rt.Pullln R~Golclen Gate_P__k'vc_Y Horizontal contrr~' 1 .) Su~e.~ - Obtain topographica! information for intersection to utilize local monumentation wertica! centre! to be_ established based NGVD (lg29L Task Fee - $2.01 ? 2.) ~ ' Prepare signal inventory, HCS analysis to determine turn lane needs, storage requirements =nd signat phasing revisions Task Fee - $2,056 3.) ~' Prepare a wr!tten design report which will address · Recommended intersection improvemen'.'s · intersection geometry and alignment': . Re.suits of traffic analysis · NB rk:jht turn/canal/waterline · EB fight turn on Golden Gate · Drainage requirements · 0ermitting requirements · Utility relocation requiremc'n~' PJW requirements · Orde, of Magnitud~ OoRstr"ct or Task Fee - S3.112 · · Preoaratior, of ~lan~ and contract documents for additmoa' 4.) FanaI Desa n -. ,- _ '~ p adiustments to include' -~ ...... i~ne and reed a , length o! NB ler~ tu., ~ · · Final plans · 'No Notice' Permit · Utility relocation plan and ~oord;nat op (design/permitting by utility owner · Final quantities · Opinion of probable construct.or' ~nc' · Technical specificabons · Coordination with Coum' .~reoaratioq of .-.nn ,ac' it;::ument'-- Task Fee - ~.366 Airport-Pulling Rd/Golden Gate P_kwy 5.) Signal Modifmation Plans (Contingent Task). Preparation of signal modif'~cation p~ans utilizir~g exlstir~ structural supports and foundation.~ Signal modif'matJon construction to be ,performed under County ~nnu~' contract for traffic slgna! maintenanc, P Task Fee - $3.053 6.) Golden Gate EB Right Turn Lane Modifications - Prepare r)lan~ fn, modifmation right turn !ane Task Fee - $4,214 ~COPE OF $_ERVICESFTASK FEES 97 4(' ~/76~. ' Meetings Attend meetings with the Counh, ~nd r~OU!RtC~rV agencies ~s requir~-I fr~ revi~v. and coordination of project Task Fee. - $2,19a HOLE, I/OK'rES · ASSOCIATES. INC. ENGINEERS PLANNERS SURVEYORS Preserwng and enhancing Florida's Oualrty of hfe ~ ?~ June 26,1997 Mr. Mitch Momtaz, P.E. Collier County Government Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 34112 RECEIVED JUN 3 0 ~ RE: MANHOURS/TASK FEES INTERSECTION IMPROVEMENTS HMA FILE NO.: 97.40 Dear Mr. Momtaz: Enclosed are spreadsheet summaries showing proposed labor hours, houdy rates and task fees by intersection for the referenced project. If you have any questions, please call. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. / Walter F. Gilcher, Jr., P.E. Project Manager WFG/cn Attachment (7 Pages) cc: Robert L. Murray ~tHma- fmy\wp~ 1997~,g704 0~MM706251 cloc '-'-'::.: ==~ :~'.- _. ::..:- :~=-... :-=~ :_7=-,: .::.:..~ I ':/It' o o o ~ EXECUTIVE SUMMARY KEQUEST THE BOARD CONSIDER A PROPOSAL TO ESTABLISH A POLICY FOR THE INSTALLATION OF ADVANCE WARNING SIGNS WITH FLASHING BEACON ATTACHED ~ To request the Board of Count' Commissioners provide direction to Staff with respect to a policy for the installation of advance warning signs with atlached flashing beacons. CONSlD{~RATIONS: From time to time, the Transportation Services Department receives requests for advance warning signs with attached flashing beacons. These requests are usually either from development interests wishing to provide a path for customers from remote parking facilities or from the Collier County School District wishing to warn motorists that a school entrance is imminent. The locations of the driveways or crosswalks may not always be readily apparent to drivers, especially those drivers who are unfamiliar with the area. The Transportation Services Department has received an initial request for the installation of these advance warning beacons on Pine Ridge Road to serve the approaches to the Pine Ridge Middle School, This request has been analyzed by the Transportation Services Department and would be approved under the criteria presented in this Executive Summary. Staff of the Transportation Services Department has researched the applicability of the use of this type of device and submits the following findings: I. A pole-mounted flashing beacon is presenled in the FDOT Roadway and Traffic Design Standards in lndex 17344. If approved by the Board. the Transportation Services Department proposes a similar flashing beacon modeled on the FDOT Standard (concept sketch shov. n in Attachment No. ] ). 2. Typically, these flashing beacons are used to notify, motorists of speed changes in the vicinity of schools, 3. In Collier Count).' there are several installations of this type (illustrative examples are shown in Attachment No, 2). Both school advance warnings and pedestrian crossing advance warnings are represented. 4. At the present time requests for new installations of pole-mounted flashing beacons with advance warning signs are reviewed by the Transportation Services Department on a case- by-case basis. There are no minimum warrant criteria in use at this time. 5. A brief telephone poll indicates that other similar jurisdictions also evaluate such requests on a case-by-case basis. In addition, occasionally the installation of such a device is initiated by the Transportation Services Department in anticipation of a need. Toward the end of establishing a policy, Staff recommends that each request for the installation of such advance warnings be evaluated on a case-by-case basis. The evaluation criteria to be used would include, but not be limited to, the following: Functional classification of the roadway including existing and anticipated traffic volumes and speeds, Character of the roadwa.v with respect to driveways per mile..type of development along the roadway and presence/absence of sidewalks/bike paths. Sight distance evalualion with respect to intervening driveways/streets. Additional. site-specific criteria depending upon the application of the proposed warning signs. vancL-,~~ Each request would be assigned an inventory control number for tracking through the analysis and. potentially, for inclusion in the County's sign/signal inventory. In addition, the funding source for any such installation should be related to the benefit to the requesting entity. If Staff initiated, funding would be made available through the annual sign/signal budget. FISCAL IMPACT; The costs associated with this proposal are estimated as follows: Signs, poles and flashing beacons installed $6,000 each (eastbound and westbound) $12.000 Design, ins~c:ion 10% of the estimated installation cost ].200 Sub-total S 13.200 Contingency 10% of the estimated cost ) ,;}~0 Total Estimate $14.520 For budgetary purposes, Staff recommends using a total of $15,000 as the estimated cost for each location. Capital construction funding would be made available in Fund 313-163673-763100- 60172. This Capital Project Fund has been established to provide for Countywide traffic signal system installations. Operating and maintenance expenses, including electricity, would be budgeted annually in Fund 101-163630. Annual expenses are estimated at $150-$250. GROWTH MANAGI~MENT IMPACT: N/A RECOMMEHDATIONS; That the Board review the proposed policy: authorize Staff to evaluate requests for advance warning signs with attached flashing beacons on a case-by-case basis: authorize the use of previously budgeted Capital Project funds for such installations found to the County's inventory for Ed ard J. Kanl~.. ~8'fEngineer DATE: ~-' 5/.. ~' 7 Da~'i8 l~. Bobanick. Interim Transportation Sen'ices Director REVIEWED BY:.~ DATE: Ed llschn~ ~blic ~rks ~dministrator Attachments: No. 1 - Sketch Based on FDOT Standard Index Drawing No. 2 - Example Photographs ;S C H OOL)I ENT cEll AI4E/kD C UTION W EN Attachment lqo. i Plea~,e Note: It ia not the intent of this reques~ to establish reduced speed zones at additional locations. The displayed here are for illustrative purposes only. Speed :,ones should only be establisl~ed based on the fundings of an engineering study and on the site-~-pecific cLrcumsta~ces of a particular location. Page I o£1 At~achmen! No. 2 EXECUTIVE SUMMARY AUTHORIZATION TO SOLE SOURCE PURCHASE REPLACEMENT PUMPS, SPECIFIED REPAIR PARTS AND MATERIALS FOR APPROVED SUBMERSIBLE LIFT STATIONS OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, authorize the sole source purchase of replacement pumps, warranty related repair parts, and any other parts or materials not available through an after market source for submersible lift stations. CONSIDI~RAT!ON: 1) In August 1992, the Board of County Commissioners initially approved the sole source purchase of Flygt submersible lift station pumps for the County's lift station system. 2) In March 1993 and November 1994, the Board of County Commissioners approved the sole source purchase of repair parts and materials from E.K. Phelps and Company, the only authorized Flygt sales center in the State of Florida. E.K. Phelps has corporate headquarters in Apopka, Florida with satellite facilities in Ft. Myers, Florida, West Palm Beach, Florida, and Savannah, Georgia. 3) With the number of lift stations being maintained ever increasing, (over 500 lift stations with 934 Flygt pumps)'it is an absolute must that spare pumps, parts and materials in each size be available to ensure no loss of service. 4) Collier County Ordinance 97-17, Section 11.7.4 requires that pumps be manufactured by Flygt or equivalent. 5) Ellis K. Phelps and Company is the only authorized Flygt sales center in the state of Florida. Staff has pursued obtaining price quotes from other Flygt suppliers in other states only to discover that the cost of shipping causes them to always be more costly than Ellis K. Phelps and Company. 6) Wastewater Department staff has reviewed this and is recommending that these pumps, parts and materials be declared a sole source purchase. }"ISCAL IMPACT: Funds for this are specifically budgeted in the Wastewater Collections budget, 408-233351. It is anticipated that approximately $80,000.00 will be spent in the upcoming Fiscal Year; however, this amount is only an estimate. As the lift station system ages, the volume of pumps, parts and materials to be purchased will vary greatly from year to year depending on the actual repair/replacement needs. ~;ROWTH MANAGEMENT IMPACT: None. RECOMMENDATION.: The Public Works Administrator recommends that the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida declare that Flygt lift station pumps, warranty parts and any other parts and materials not available through an after market source are a sole source purchase and authorize staff to purchase the necessary pump parts and materials from Ellis K. Phelps and Company. Timothy t_JClemons Wastewater Department Dat~: REVIEWED BY: ..~, 'x.,~... '~ "--'"' ' Steph~en Y~ Camell Purchasing Director Date: APPROVED BY..~ ~2-7_-.~- Date: Ed Ilschner Public WorksAdministrator / Consent Agenda 8~7 ~XECUTIVE SUMMARY REIMBURSE MEMBERS OF THE MARCO RENOURISHMENT ADVISORY COMMITTEE FOR INCURIIED IN PERFORMANCE OF TItEIR DUTIES. ISLAND BEACH EXPENSES TO BE ~ To obtain authorization for reimbursement to two members of the Marco Island Beach Renourishment Advisory Committee for expenses reasonably incurred during attendance at the Annual Conference of the Florida Shore & Beach Preservation Association (FSBPA) to be held September 3-5, 1997 in Amelia Island, Florida. .CONSIDERATIONS.: The Marco Island Beach Renoufishment Advisory Committee was created by Ordinance No. 86-91. Section Six of md Ordinance provides that members of the Committee shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. At their regularly scheduled meeting on August 6, 1997, the Marco Island Beach Renourishment Advisory Committee recommended that such reimbursement be authorized to sponsor the attendance of two members at the Annual Conference of the FSBPA to be held Septernber 3-5, in Amelia Island, Florida The primary focus of this conference is to discuss new directions in beach management and the need to develop a 10-year work program for beach and inlet projects in each coastal city and county. This discussion is considered .;sential to the future management of the Marco Island Beach Restoration program and as such, reimbursement for participation in same is considered to be consistent with the provisions in Section Six of Ordinance No. 86-91. The staff has reviewed this request and is recomm{mding approval based upon the following estimated costs to be incurred: Registration Fee $500.00 368.00 Accommodations 102.00 Meals 464.00 Mileage Misc. (Tolls, Parking, etc.) 25,00_ TOTAL $1,459.00 Executive Summary Page 2 FISCAL IMPACT': Cost: Fund: Cost Center:. $I ,459.00; to be obligated in the budget for FY 96/97. (159) Marco Island Beach Renourishment (112591) Marco Island Beach Renouriskment Approval of a budget amendment is necessary whereby funds in the amount of $I,156.00 will be transferred from the reserves in Fund 159 to Account No. 159-112591-640300 to provide sufficient funds in the appropriate expenditure category for this obligation. GROWTH MANAGEMENT IMPACT~ None. RECOMMENDATION: That the Board of County Commissioners: Authorize reimbursement to two members of the Marco Island Beach Renourishment Advisory Committee for reasonable expenses est/mated to be incurred during attendance at the Annual Conference of the Florida Shore & Beach Preservation Association to be held September 3-5, 1997 in Amelia Island, Florida. 2, Approve the necessary budget amendment. Html~.. Huber, Project Manager III ~ Office of Capital Project~ Manag~t Office of Capital Projecls Management REVIEWED B~_.~_~ ~ ~-~ Public Works Division ce: M, trco laLt~xl Beach Renoufishment Advisory Commim EXECUTIVE SUMMARY AFPROVE A DEVELOPER. CONTRIBUTION AGREEMENrr BETWEEN COLLIER COUNTY AND REUVEN HAIM BUILDERS 'DEVELOPER" FOK ROAD [MPACT FEES IN RETURN FOR CONSTRUCTING TH~ RADIO ROAD OUTFALL DRAINAGE SWAI.F.. ~e..(~: To issue a road impact fee credit to the Developer, as a condition &Ordinance No. 95-30, which amends Ordinance No. 84-21, Green Heron, for the construction of the Radio Road Outf~ll Drsinage Swale. CONSIDERATION: Ordinance No. 92-22, as amended, Section 3.06 provides for the establi~ent ora 'development contribution credit' against road impact fees imposed under Section 2.01, in return for certain donations of land required pursuant to a developer order issued by the County. Under the provisions &the above-referenced ordir~nce, when the Transportation Administrator approved the dedication of said land ss being necessary for the construction of Collier County 'transportation network' improvements, the Administrator may ask the Boaxd of County Commissioners to approve a Developer Contribution Agreement which will estnblish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. The future four-laning &Radio Road from Santa Barbara Blvd. to S.R. 84 is listed as C.I.E. Project No. 16 under the Transportation Element &the County's Comprehensive Plan. From a permi~ng and cost management perspective, it is prudent and in the interest of the public Yet staff to initiate ~ complete the construction of the outfnll swale s4thin the life &the permits, in advance of the roadway construction from Santa B~:~ra to S.R. 84. The D,~eloper is the contract vendee ora portion of the property required to construct the P,~dio RoM Ovtf~ll Drainage Swale. The Developer shall co~ the ouffall drainage swale from Radio Road to the Golden Gate Canal, as more particulsfly descn'bed in the Coumy's design plans for Project No. 65031 as designed by Agnoli, Barb~ & Brundage,, Inc. The Devdoper shall receive Road Impact Fee Credits pursuant to Ordinance No. 92-22, as tmended, for ~ the ~ drainage swale. Thc Developer shall construct the outfall drainage swale from 1-75 to the Golden Gate Canal within the li£e ofthe Big Cypres~ Basin Right-of-Way Pen'nit. Both i~'ti~s sclmowledge and accept that the certified cost estimates prepared by RDMC, Inc., Dot~lopeffs ~, for the Developer to consu'uct ttn ouff~ s~ainage swale from Radio RoM to th~ south right-of-way line of Interstate 1-75 is $92,902. I S ~ for th~ Developer to construct th~ outfall drainage swale from the north fight-of-way line to I~rstate 1-75 is $69,235.75. t ~[SCAL IMPACT: By issuing the Road Impaci F~ Cr~lit in exchange for th~ d~oper ¢oam, bution, ~ Di~fi~ One Road Imp~ F~ Tm~ A~ ~ ~ff~ s lo~ in ~ ~ ~  ~ of $162,137.93; how~, ~ch loss in a~s is n~ ~~ to adv~ ~ ~ flow or ~quidi~ of tM ~nds in the Road Impa~ F~ ~ GRQWTH MANAGEMENT IMPACT: None. The fumr~ four-laning of Radio Road from Barbara Blvd. to S.1L 84 is a CIE project under the Transpoaafion Element of the County's Comprehensive Plan. ]~COMMENDATION_: That thc Board of County Commissioners: I. approve the impact fee credit in exchange for the construction ofthe Radio Road Ouffall Drainage Swale; and 2. authorize the Chairman to execute a Developer Contribution Agreement, on behalf of lhe Board of County Commissioners. 7TOn, A. Mort, l~eai Proper{:~' S~e~ialist Real Property Management Department B¥'~- ' ~~----'"'-. ~ REVIEWED Micah ga~aquo], p~.PMP, Project Manager Office of Capital projects Management REVIEWED BY: Adofl~.~. ~.onz~iez, ~-, ~l~-tor n Office of CYapital Projects Manageme t REVIEWED BY: ~~~-~ -'~- -- Ed Bschner, Pubhc Work~ Administrator DATE: Pro, eot: ~adio Parcel: political subdivi,io~ of the S~it* of ~orl~ (herel~f~er referr,d to ~s a~d ~sst~ns (h,ral~fcsr referred ~o as "~vslops~') ~ss ~llinf address Is 8001 ~dio Road. ~aplss. Florl~ 311~. LICI TALl: S.~. 8~ Is listed es C.I.[. ~rt tecc ~o. 16 under the Transportation Element of ~he County's Cosprehensive Pla... Although ~dio ~o~d. CIE 16. Is o~cside the current Five Year Vork Prol-~. fr~ · pe~lcCin[ ~nd cost e~n~em~nc perspective, lc Is prudent ~n~ in ~he interest of the public for sc~f~ co S.R. 8~. ~S. Ord~nincl No. 9:-30. ~[c~ Imindl Ord~nc~ Po. 8~-21. Green H~ron. & Planned Unic ~velo')m~n~. vis approved b7 the Board o~ Co~nty Co~issioners on April iI. 1995: and ~S. :he Developer Il the contract vendee of the property sho~ In Exhibit 'A". which is attached hereto and ~ade · part hereof. (hereinafrer r~ferred to as the "Property"): and ~ER~S. Ordi~nce No. 9~-30 requires that ~S ASS~IATIS. an Ohio General parcnersNip (herei~fter referred to as "~er") shall &rant an ease~nt associated with :he i~reve~nts to ~dlo Road ~ose ~idth would vary fro~ 30 to 35 feet ~or dral~&e ~oses. ~re p~rticularly sh~ in Exhibit "~'. ~ich is attached h~reto ~nd ~d~ a part hereof, alon~ the entire east boun~ry of said Green Heron ~O; a~ ~S. the ~er has previously platted in ~lat ~k 17. ~a&e 93. Tract "I'. the twenty-five (25') foot ~lic read rift-of-va7 alon& the ~rth side ~. ~veloper shall co~cc the ouCEall dral~&e swale Er~ Radio design plans for ~roJecc No. 65011 as desig~d by i~li. B~r~r & S~ge. ~. Developer shill receive ~oad I~acc ~ ~r~dits ~rs~nc t= Ordl~nc~ ~o. ~2-22. as a~nd~(., for consc~c~in~ the ~tfall drai~[s swale: ~. ~vtlop~r shall co~c~c~ the oucfall drain,s ~ale fr~ I-7~ t= ~he Golden ~ace C&~I within '.he life of the ~l[ C~ress ~sin It~-of-~ay Pe~lc; and ~S. It hal been decerzl~d chic NIN~ ~ ~S~ NI~[ ~[D ~ ~D 18/1~ (~92.902.1l) ~'lS. ~lch l~l~des I fifteen (1~I) Hrc~nt conC/n[enc~. Is ~he cerciEied ~'~sc esci~lce prepared b~ ~C. 1~.. ~velo~r's [ntineer. for ~he ~velo~r co consc~cc ~e overall dr~i~[e ~le fr~ ~dio Road co the south rl~c-o[-vay li~ of Interstate 1-751 a~ I,~Z:~.AS, ~oc'v[chscandin& any ocher provisions contained herein, the Developer Ih&ll ~va Chi right, at Developer's option, co ~d/f~ con. c~cion plans for chic ~rcion of the oucflll drai~&e swale from Radio Woad co c~e south rl~c-of-vay ll~ of Incer~cace I-~5 jm al co incorporate the ~adlQ toad ~ctall In a lake system on ~he ~ropercy of ~eloper's design. such even~, ~he Developer shall still be en~lcled ~o ~he exac~ credl~ &bowl for ~he cos~ of cons~cCinI ~he dral~&e oucf.ll ~vile is ori$1nilly designed, buc the Devilops~ ~11 ~ solely responsible for any conicr~tlon or per~iccinl costs llsoclnced rich the project's lake systeM, cooperate vlch the Developer In ob~lining necess~ approvals for such a lake South Florida ~a~er Hanale~nt Olscrlct, Co the extent of County's resource ~S, It h~s been datelined thac SI~ NI~[ ~OUS~D ~O ~DRZD ~IR~ FIVZ ~D 7~/100 (~69,2'.~.75) ~, ~lch includes a fifteen percent concle&ency, Is the c~rcified cost estimate prepared by R~C. Inc.. D~veloper's inlinesr, for the ~veloper Co construct the ou~fall draln~le from ~he north rl~c-of-v~y ll-i o[ Interstate I-?S ~o the Colden Cate VEEREA$, lC is ~ucually a[raed by both parties that the credit of $92,902.1g required co construct cBs southern portion of the oucfill dralnnGe swale, shall be added co the credit of $69,2]S.7} to construct the northern portion of the outfall drainage si/ale, providing a new balance of $162.137 ~1. Any additional costs shall require Developer to obtain prior written approval from County; and WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run rich the Property. and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed; and VHERE~s, both parties to this A&reeeent acknowledie Road Impact Fee Credits shall be a credit only against Road I~pact Fees. and thac such Credits shall hoc offset, diminish or :educe any other charces, fees or ocher i~pnct fees for which Developer is rs ponsible in connection vit[i the dcvelopaenc of the Property; and ~EREAS, such proposed plan is in conforoity with concenpla{.ed improvements and additions co the transportation ne:work; and VltER~S, such proposed plan, viewed tn conjunction with other exisctn~ or proposed plans, will not ac~ve'.Ioly i~pact tho cash [lo~ or liquidity of any Road Impact rea Trust Account in such a way as to frustrate or interfere with ocher planned or on&oleg growth necessitated capital iaprovelents and additions to the transportation ne:work; and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plasma, will not create a datrliencal imbalance between the arterial and collector roadways; and VItER~AS, the proposed plan ia consistent with the public interest: and VHEREA$, both par:les to this ^&remnant acknovledle thac the failure of chis Agreement co ·ddress any pore/c, condition, term or restriction shall not relieve either party, or their successors, of the necessity of co~plyin& with any lay, ordinance, rule or rs&ulation ~oYarnin& said peril:tinI requireaencs. conditions, tares or Pal:Fictional and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of chis Agreement emil be bimdin$ upon and shall lr~are to the successors in interest co the partl·s co this A&rem~enc; and ~,qtEREAS, both parties to this A&ree~nt acknowledge that this AIree~ent is not Co be construed al · d~velo~nC aZreaaent u~$er tho rlorl~ Local Government ~lvalopment Agreeler. ACC. · ~ ..... .~_ ........ NO~, THKREFOR£. for end l,t conslderltion of the prealles ind respective undertlkings of the parties hereinafter eec forth ind tho sun of TEN ($I0.00) DOLLARS, and other Good and vale:able consideration, the receipt and sufficiency partte~ as fo~ovs: 1, ~e ~bove recitals are crum and correct ~nd are herewith i~orpor~ced as a parc of this Agreement. 2. ~e Developer shall toast.ct the outfall drainage ~wale froa Road to the Go,den Cate Canal, as more particularly described tn the design plane fo~ Project No. 6503~ as deeigned by A&noli, Barber & BrundaGe. the property chic will be properly permitted by all proper &over.entel authorities to replace the pot:ton o~ the out/all drai~&e svale fr~ Radio Road Co the south ri~c-of-vay line of Interetate 1-75, as Ion& as enid system s~a~ ac:apt the ouCfa~l from Ra~Lo Road that vas peter:ced or the dra~e suite and provided Developer s~a~ bi responsible for al~ co~JC~tio~ and pernit~ing costs associated ~i:he the proJecte like system or the inclusion of the Radio Road ~cfall into that system. 3. ~e County, should t%e Developer elect to ao~tfy the port$on of the outfall drainage swale from R~dto Road to the south rt~ht-of-vay tine Interstate I-7), ~hal~ cooper&'e with. and assist, ~ve~oper tn obtaining necessary permits for said mcf.f~ca:~on, both with the County and v~th other ~o~er~enca~ a~e~c[es, s~ch as chi South Florida ViCar Ha~a&emenc DtSKTiC~. to c~e extent of County's CiSOUCC,t constraints and within the County's and sha~l be entitled to I Road Ia?acc Fee Credit in the aaount of the Developer's actual costs for the construction of the ~tfall DrainaGe Swale described Section 2. ~e credit shall 1,, effective as follows: (e) Initial Credit tn the amount of ~69,2]~.75 shall be available upon coaple~ic.n of the conetruction of the out,all drainage ewale from the north ri&ht-of-va~ lt~e of ~ncerstate 1-75 to the Golden ,;see Ca~1 and receipt by County of the construction coats thereof certified by a professional engineer registered the State of florida as betel :rue and accurate: an~ (b) Initial Credit in the amount of ~92,902.11 shall be available upon ccepletion of cons~ruccion o~ the ou:~il~ ~rai~e svile from Radio Road to the mouth ri&he-of-way line of Interstate 1-75 and receipt by County of the construction coats therefor certified by a professionaZ engineer registered in 5. Developer shal{ :neath adequate taco:ds and eupporting docu~ntation which concern or reflect to:al project cost o~ the l~rove~nt~ to contributed. ~is info.etlon shall be &vailable co the County, or ice duly authorized agent or representative, for audit, inspection or copying, for 6. Effective as outli~d able, until development of the Property completed, or until the balanc, 0f the Road ~act Fee Credit has been reduced co zero (O) :he County shall apply portions o~ the Road Impact Fee Credit toward the Road Impact Fees ~ich the ~veloper is required to pay for each building permit which ts apptted for on t~e fropetcy, reducing t~e balance e[ issued. 7. County shall provide ~veloper with a certified copy of this A&reamenC, including ell exhibits attached hereto, such t~t certified copy of Exhibit 'C' and Exhibit 'O' (Road Impact Fee Credit shill se~e as the ledger sheet to ~c~nC ~veloper's balance of Road Impact Fee Credit~. g. Vi~h each buildin{ pernic issued on ~he Froper~y, the County shall appropriate Co that particular perniC and shall enter the new balance in tho ledger column labeled ]~pact Fee Cred~ ~alance. Nex~ ~o chis new credtc balance, ~och the Count7 OEE~c~a~ lssuin~ the butld[n~ peretc a~ the Developer's R~presentac[ve applyt~ Eot the ~ld~n~ pe~c shall pr~nc and sign chair n~s. ~. Developer ack,edges ~ha~ ~he ~[o~ or con~rLbu~ons co.tenanted un~r the A~ree~n~ sha~ h ce~d ~ c~ric~erLxed as work ~ne a~ proper~7 rL~cl acquired by a hl~ny or road a~e~y for the l~rov.~n~ of a ro~d w~h~n ~h~ bounties o~ a rl~c-of-~ay. ~0. Co~nty sha~ r.cord ~h~s A~re~n~ ~n the ~bllc Records of Collier County, F~or~d~, vt~h~n fo~r~s.n (~) ~ys of ~s .xncu~ton by ~ha ~air~n the ~rd of County 11. Either par~7 ~o this Agree~n~ ~y file an action for inJu~lve relief In the Clrcul~ ~ur~ of Collier County. Florida, to enforce ~he i~ co~l~lons o[ ~his Agree~n% sal~ reaedy being c~litive el~h .ny lng ocher re. dies available ~o ~he p~rcles for enforceaen~ of the Agreenent. 12. ~ls Agree~en~ ~y be ~nged or canceled only by ~he ~tunl consent o[ the parties to the Agreeaent or by ~heir successors In 11. ~ls eriCten Agree~t.I, including all exhibits a~acheg hereto, shall cons~i~u~e the entire agree~nt and understanding of ~he parties, and there are no prior co conte~oraneous -riches or oral agreene~s, unders~nnding.. proalses, warranties or covenants no~ contained herein. 1~. ~ls Agree~nt ~y be executed In counterparts, each of ehich shall be deemed an orlgl~l, bu~ ~11 such counterparts ~ogecher shall cons~l~u:e 1S. ~ls Agreemen~ is governed nnd construed In accordance with ~he o[ th. ~ta~e of Florid.. li. ~e pnr~les acknowledge ~hac Developer ~y ~ransfer a~ assign I~acc Fee Credits co any ocher proJec~ of Developer or n related enCi:y for any building permit wl~h respec~ ~o nny proper~y located [roa ~lme co within Road I.pac~ Fee Oistricc I. IN 9ITNES$ ~£REOF. the County and the Developer have caused ti, ts Agreement to be signed on the day and year first wr£cten above. DATE: ATTEST: D~IGNT £. g£OC~, Clerk , Deputy Clerk ~OARD OF COUNTY CO~I~I$SIONER$ COLLIER COUI~'I'I', I~LORIDA TI~OTIIY L. HANCOCK. Chairun EX!~IBIT 'A' A parcel of land lyln& in Section ]], Tovnshlp &~ South, Range 26 County, Florida, lyin& north of County Reed 8~& (Radio Interstate HllJ~vey I-7S; bain& more particularly deecribed as CommencinG at the southeast corner nfl Section 33, Tov~ship &9 South. RlnBe 26 £~st, Collier County, Florida. Bun thence NOO'14'21°V, So.on fleet Ilon~ the east line nfl laid Section 33, to · point on the north ri&Bt*of*uny line of C~unc7 Road 8~$. Said point belnj the ?Oils of ~e~£n~ln&. Run Chance sion& le£d north right-nfl-ray S89°24'12"U, 26&S.S& feet: thence S87'&4'21'V. 440.02 Section ]3, NOO'O6'26'W, 3106.22 fleet to · point on the south ri&hi-nfl-ray line of Intersclte I-7~; thence ·Ion& laid right-of-ray NIT*~S'I&'£, 1917.87 fee~; ~hence 1161.63 fee~ alon~ ~he arc a[a cu~e, cu~ln~ ~ ~he rl~ ~hr~h a central an&la of 0~*~1'20' at a redius o~ ll]6&.AA feet to · point on the e~sc line of t~e afore~ntio~d ~ectiofl ]], laid cu~e ~[nE ~ chord of 1161.13 fleet and a chord belrin~ of ssg'og'~"Z, cheKe ·Ion& slid east line S~'i~'~"~, ~50.O2 feet Co t~l ~lC 1/~ corner o[ Slc~ton 33; cheKe ~t-o~-va7 ~ne oE Counc~ Ro~: 1~6 lad return[n~ ~ss and excep~ the parcel of land ChaC vas co,eyed by ~arrancy Deed Co Developers, Inc. and recorded on September IO, 1990 in Official Records Book 1~57, Pail 1351 ec seq o[ ~he F~*blic Records of Collier County. Florida. ~ls and excep~ ~e pmrcel of land ~hl~ v~s conveyed by Y~rrlncy Deed ~o Naxvell of N~ples Corporation ~nd recorded on Hay 17, 199G in Official Records ~ook 19aB. PaSe O120 e~ leq of the Public ~ecords o[ Collier County. Florida. 25 SECTION 34, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA LAND DESCRIPTION 112~.g2 SKETCH AND DESCRIPTION PRCPAR[O BY: HOT A SUHV~Y ' I i..'.L-=....* -. _. EX~I&IT DEWELO?r.~'S.ROAO IM?ACT FEE CREDIT L~DGER I~?ORTANT: This Road Impact Fee Credit ~d&er ts intended oc~cnc the balance of road impact ~ee credits applying to the fo~lo~tn~ property and R~al~ be available upon conp~etton of C~e conltrucc[on of the ouc~l~ drainage susie from the nort~ ri&ht-of-vay line of Interstate 1-7~ co the Go,den Gate C&na~: A parce~ o~ ~and lytnl tn Section 33, To.ship 69 south, Range 26 east, County, F~ortde. ~ytn& north 'of County Ro~d 156 (Radio Road) and south of Interstate Hl~hva7 1-75; bets& sore particularly described is fo~o~s: Co~enctn& at c~e southeast co,net o~ Section ~3, To~s~tp &9 south, Range 26 east, Co~te~ County, F~o~:da. ru~ thence n,:O'~'21"v, ~0.00 ~eet a~o~& the Count~ Road 156. Said point bets& the point o~ beitnnLn~. Run thence a~onE said north rt&ht.of-~ay S8S'2~'12'V, 2665,56 feet; c~ence SIY'~&'21'~, feet; r~n t~ence aloni the vest line o~ the east 1/i o~ the vest 1/2 of said Section 33, ~00'06'26'~, ~C~&.22 ~eet to s point on t~e south rt~ht-of-~a~ of Interstate 1-75; thence 4Xon~ said rt~ht.of.vay ~87'~'X6"E, X9~7,17 feet; central angle of 05'~'20' at a radtu~ of ~366.A~ feet to a point on tbs east line o~ the aforementioned Section 33, said cu~e baying a chord of feet and a chord b~arinI cf SI9'09'0&"E, thence along said east line S00'~5'GS'E, ~50.02 feet to the east 1/G corner of Section 3); conCi~uin~ along east section line S00'I&'2I'E. 2561.68 to a point on the north ~ss and except the parce~ o[ ~and that vis conveyed by Varrsncy Deed to Developers. Inc, and recorded on Septembe~ ~0, 1990 in O~ficie: ~eco~ i557, ?a~e ~81 et seq of the ~ubllc Records o~ Collier County, Florida. ~axva[[ o~ Hap~es Corporation and recorded on ~ay ~7, ~99G In O:Eicial ~ook ~9~1, ~a~e 0~20 et seq o~ the Public Records DE Co~[er County, Be&inning ~alance .................................... [$69,2]~.75] ROAD I~PACT F£g CR£DI? L£IX~£~ ~to document the balance of road impact fee ctedlte applying ~ to the folloving property and ~hall be available upon completion of cbt construction of thc outfall drainage zvala from Radio Road Co the north right-of.ray line of Interetate 1-75. A parcel of land lying tn Section 33, To~-nehip &9 south. Range 26 east, Collier County, Florida, lyin{ north of County Road 156 (Radio Road) and south of Interstate Klghvay 1-75; being more particularly ~ascrlbad as fullers: CeMenting at the lOUthialt coiner of Section ~. To~nehip &9 couch, Range 26 meet, Collier County, Florida, run thence nOO'l&'li'v, so.aa feet along the County Road 856. Said point ~eing the point of beginning. Run thence along eatd north ri&hi-of-ray SI9'I&'II"V. 26~5.56 feet; thence S87'&&'21'~. ~0.02 feet; run thence along the veer line of the meet 1/6 of the year 1/2 of said Section ]], N00'06'26'~, ILO&.22 feet to e point on the mouth ri{htoof-vay line of Interstate 1-75; thence along said ri&bt.of-ray ~17'55'16'£, 1927.17 fee: thence 1151.6] feet alan{ the arc of · curve, curving to chi right through a central angle of 05'51'20' at e rediue 0£ ll]~g.G~ feet to a point o~ the east line of the aforementioned Section 33, amid curve having a chord of ll6Z.1] feet end · chord bearing of S89'O9'O&"£, thence along ~etd east line SO0'~5'GS'£, 550,02 feet to the eaet 1/G corner of Section ]]; thence contLnuing along east section line SO0'lG'28'E, 2561.6& to a point on the north right.o[-~ay line of County Road 156 and returning to the point o[ beginning. Less end except the parcel of land that vae <onveyed by ~erranty Deed Developers, Inc, and recorded on September 10, 1990 in Of[lcial Records 1557, Page 1lB1 et seq of the Public Recorda of Collier County. Florida. Less and except the parcel of land that vas conveyed by ~arranty Deed to Haxvell of Naplea Corporation and recorded on ~ey 17, 19gG tn Official Record~ ~ook 19,1, Pale 0120 et aeq of the Public Recorda o£ Collier County, _ _ Beginning _~a.1 a..n~ a ... ............. . ,._._...: ............... [ $92,902. EXECUTIVI~ SUMMARY APPROVE AN AGREEMENT WITH BONITA GRANDE SAND COMPANY FOR PRODUCTION AND STOCKPILING OF BEACH COMPATIBLE SAND FOR MAINTENANCE OF COLLIER COUNTY BEACHES. ~ To obtain approval of an agreement with Bonita Grande Sand Company for the production and stockpiling of beach compatible sand for maintenance of Collier County beaches on an "as needed" basis. CONSIDERATIONS; On November 5, 1996, the Board of County Commissioners approved a Tourist Development Council grant application for production and stockpiling of beach compatible sand for maintenance of Collier County beaches on an "as needed" basis. There are only two upland sources of beach compatible sand currently approved by the Florida Department of Enviroranental Protection for use on Collier County beaches. Those are designated as (1) Bonita Farms, owned and operated by Bonita Grande Sand Company and (2) Felda Pit, owned and operated by Jack Queen Construction, Inc. Based upon proposals obtained from the operators at each location and the estimated cost to transport the sand to the beach, the following cost analysis indicates the Bonita Farms source to be the most cost effective: * Cost of Material (FOB Pit) $6.23/c.y. $3.25/c.y. * Cost to Transport to Beach ~ ~.7~/c.y: Total $8.21/c.y. $10.03/c.y. Therefore, the attached Agreement with Bonita Grande Sand Company in the amount of $311,500.00 (50,000 c.y. ~ $6.23/e.y.) is presented for consideration in obtaining the services necessary for this operation. FISCAL IMPACT: Cost: Fund: Cost Center: $311,500.00; to be obligated in the budget for FY 96/97. Potential furore additional costs associated with this Agreement are as follows: (1) Annual Stockpiling Charge - $36,500.00 (2) Replenishment of used material to maintain a stockpile of 50,000 cubic yards - cost to be determined at time of need. (195) Tourist Development - 60% (110406) Beach Renourishment & Pass Maintenance ! Executive Summary Page 2 Project Number: (80225) County Beach Renourishment Sufficient funds are appropriated in the current budget for this purpose. Future additional costs will be included under Beach Maintenance Activities in the updated TDC Budget Projections spreadsheet. GROWTH MANAGEMENT IMPACT: None ]?.ECOMMENDATION:, That the Board of County Commissioners approve the attached conslxuction agreement with Bonita Grande Sand Company and authorize the chairman to execute thc agreement. Harold E. Huber, Project Manager III Office of Capital Projects Management Adolfo A. G ' cz, . .~.' ' Office of Capi/zl Projects Management Ed I Is c~-'~er~, :~"~d~'ninisirator Public Works Division Date: 8-!~"~'] Date:k._~t ~ ce: Bon/ta Gnmde Sand Company Beach Renourishment/Maintenance Committee · · %'.:7 L ....... AGREEMENT This Agreement, made and entered into on this day of 1997, by and between Bonita Grande Sand Company, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETtt;. 1. COMMENCEMENT.. The Contractor shall commence the work immediately after receiving a Notice to Proceed from the County and (the Contractor) shall complete the production and stockpiling of 50,000 cubic yards of beach compatible fill material within one hundred eighty (180) calendar days. 2. STATEMENT OF WORK. The Contractor shall be responsible for producing, stockpiling, and loading onto trucks for transporting, 50,000 cubic yards of material from an upland sand source located at 25501 Bonita Grande Drive. Prior to loading any beach fill material for transport, The Contractor shall identify the source and have a sample, approved by the County, analyzed for grain size distribution by a certified soils laboratory. 3. TFIE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a maximum amount of Three Hundred Eleven Thousand, Five Hundred Dollars and no cents (5311,500.00) based on the unit prices set forth in the Contractor's proposal, subject to Change Orders approved in advance by the County. 4. RENEWAL.... Subject to approval by the Board of County Commissioners, this Agreement may be renewed on an annual basis with the provision for an annual stockpiling charge of Thirty-Six Thousand, Five Hundred Dollars (50,000 c.y. ~ $0.73/c.y. = $36,500.00). 5. PAYMENT. Payment for production, stockpiling and loading of the beach compatible fill material being provided under this Agreement will be made in six (6) equal monthly payments or for that quantity of material verified by monthly on-site surveys at Six Dollars and Twenty-Three Cents per cubic yard ($6.23/c.y.). The County reserves the right to withhold payment if material is found to be unacceptable pursuant to paragraph 7.B.(2.)(a). ACCESS TO WORK AREA. The Contractor shall provide access as necessary to representatives of the County for the purpose of observing and monitoring activities being performed under this Agreement and for transporting the material off-site. MEASUREMENT AND MQNITQRING. The area for stockpiling the material shall be of adequate size to accommodate 50,000 cubic yards of specified material with the height of the stockpile not to exceed twenty-five (25) feet and shall include a twenty (20) foot buffer zone around the entire perimeter of the site. Responsibilities of each party to this Agreement with respect to measurement and monitoring of the material are as follows: A. The Contractor shall' (I) Clear and level thc surface of the stockpile area. (2) Provide and install security fencing around the perimeter of the site. (3) Engage a professional Surveyor and Mapper licensed in thc State of Florida to perform thc following functions in accordance with Chapter 472, Florida Statutes: a. Establish a permanent reference bench mark monument and perform a topographic survey of the proposed stockpile area. b. Submit a site plan and topographic survey to the County for approval prior to placement of any material in the stockpile area. c. Perform a topographic survey to verify the quantity of material placed in the stockpile area and submit same along with each application for payment. B. The County shall: (I) Provide and install appropriate signs around the perimeter of the site to designate and restrict the use of this area. (2) Perform inspections and conduct surveys and tests as necessary to verify quantities and conformance with material specifications and to insure the integrity of the stockpiled material. (a) The material shall meet the criteria contained in Florida Administrative Code (FAC 16B-41.007) and the following specifications. All fill material shall be sand which is similar to that already existing on the site in both coloration and grain size. · All fill material shall be free of rocks, clay or other foreign matter. · Clay lenses, rock or silt packets larger than 2" in diameter shall be removed and disposed of. The material shall, in general, not contain greater than 5% fines (passing the #200 sieve) or gravel exclusive of shell material (retained by the #4 sieve) and be free of coarse gravel or cobbles. t AV 3 2":"? L ....... J $. ~NOTICE$. All notices from thc County to the Contractor shall bc dccmcd duly served if mailed by registered or certified mail to thc Contractor at the following Address: Bonita Grande Sand Company 25501 Bonita Grande Drive Bonita Springs, Florida 34135 Attention: SamuelHubchman, President All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following Address: Board of County Commissioners Collier County, Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, Florida 34112 Attention: HarryHuber, Project Manager The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 10. EMPLOYEES. The Contractor shall employ people to work at County facilities who are neat, clean, well-groomed and courteous. 11. TERMINATION. Should thc Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. The County shall reimburse the Contractor for all work performed which is in accordance with the specifications through the effective date of the termination for convenience. 12. NO DISCRIMINATION,. The Contractor agrccsthatthcreshallbcno discrimination as to race[ sex, color, creed or national origin. 13. 14. 15. 16. INDEMNIFICATION AND IN$t, IRANC~. 13.1 Contractor agrees to save harmless, indemnify, and defend County, its elected officials, employees and agents from any and all claims, losses, penalties, demands, judgments, and costs of suit (including the costs of any appeals), including attorneys' fees and paralegal fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement. County and Contractor agree the first $100.00 of the Contract Amount paid by County to Contractor shall be given as separate consideration for this indemnification, and any other indemnification of County by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's execution of the Agreement. 13.2 The Contractor's obligation to indemnify and defend the County shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the Contractor's limit, or lack of, sufficient insurance protection. 13.3 Contractor shall obtain and carry, at all times during /ts performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit A to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements an obligations set forth under Exhibit A. THIS AGREEMENT shall be administered on behalf of the County by the Office of Capital Projects Management. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of thc attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Agreement, Contractor' Proposal, and Exhibit A. IT IS FURTHER UNDERSTOOD AND AGREED, by and between thc parties herein that this Agreement is subject to annual appropriation by the Board of County Commissioners. 4 IN WITNESS WHEREOF, thc Contractor and thc County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~_AL) '/Second Witness ?Type/print witness name? Approved as to form and legal sufficiency: BONITA GRANDE SAND COMPANY Typed signature and title CORPORATE SEAL (corporations only) "' C. Weigel, Cour~Attorney 5 (2) (3) (4) (6) (7) (s) (9) EXHIBIT A INSURANCE REQI.3IREMENT$ The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/Professional. The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. GC-CA-A-1 J ..iL ...... : (~0) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes No (1) Workers' Compensation and Enployers' Liability Insurance shall be maintained by the Contractor/Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than- a. Worker's Comkpensation - Florida Statutory Requirements b. Employers' Liability (2) $100,000 ~a-h Acciden The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) (4) United States Longshoreman's and Harborworker's Ace coverage shall be maintained where applicable to the completion of the work. (check one) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) $1,000,000 $1,000,000 $1,OCO, OOO $1,000,000 O) C,C-C_A-A4 ~oa~ ~ts h fie Wctk ,.' 0 AUTOMO~m~ F. LIABIIZIY ~ X Yes (1) ~-A4 AUGUST 1, 1997 BONITA GRANDE SAND COMPANY 7200 DAVIS BLVD. NAPLES, FLORIDA 34104 MIL HAROLD E. HUBER. PROJECT MANAGER OFFICE OF CAPITAL PROJECTS MANAGEMENT 3301 TAMIAMI TRAIL EAST NAPLES, FL. 34112 RE: UPLAND SAND SOURCE PROPOSAL DEAR MR. HUBER: A REQUESTED, THE BONITA GRANDE SAND CO.MPANY OFFERS THE FOLLOWING PROPOSAL TO PROVIDE BEACH COMPATIBLE SAND TO COLLIER COUNTY ON AN AS NEEDED BASIS FROM OUR SOURCE LOCATED AT 25501 BONITA GRANDE DRIVE, BONITA SPRINGS, FLORIDA 34135. COST PROPOSAL, PROVIDE BEACH COMPADTIBLE SAND LOADED ON TRUCKS AT 25501 BONITA GRANDE DRIVE, BONITA SPRINGS, FL (INITIAL 50,000 C.Y. ONLY) $ 6.23/C.Y. ANNUAL STOCKPILING CHARGE FOR CONTINUED STORAGE OF MATERIAL (50,000 C.Y. ~ $0.73/C.Y.) (THIS CHARGE IS INCLUDED IN THE UNIT COST FOR THE INITIAL 50,000 CUBIC YARDS AND IS ONLY APPLICABLE TO SUBSEQUENT RENEWALS OF THE AGREEMENT.) $36,500.00 IF ACCEPTABLE, IT IS MY UNDERSTANDING THAT AN AGREEMENT WILL BE ENTERED INTO BETWEEN ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AND THE BONYI'A GRANDE SAND COMPANY TO PROVIDE THE CONTRACTUAL AILRANGEMENT IN THIS REGARD. IF YOU SHOULD HAVE ANY QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE GIVE ME A CALL. VERY SAMUAL HUBCHMAN, PRESIDENT BONITA GRANDE SAND COMPANY EXECUTIVE SUMMAR~ AWARD A CONTRACT FOR BID NO. 9%2629, SOUTH CHANNEL & WATER TURKEY BAY MAINTENANCE DREDGING TO ENERGY RESOURCES, INC. IN THE AMOUNT OF S397, 405.00. ~ To award a contract for performing all ot~:rafions in connection with maintenance dredging and satisfactory disposal of approximately 15,700 cubic yards of material to be excavated from the South Channel & Water Turkey Bay, located adjacent CONSIDERATIONS; Sealed bids for Bid No. 97-2629 were opened on August 6, 1997. Advertisement for bids was posted and published in the Naples Dally News on July 7, 1997. Invitations to bid were sent to sixty (60) vendors. A mandatory pre-bid conference was conducted on July 17, 1997 with thirteen (13) eligible bidders in atter, lance. A :ummary of the bids received is as follows: CONTRACTOR TOTAL BID BASE Energy Resource*,, Inc. Hendry Corporation $397,405.00 673,429.00 The staff reviewed the total costs and has found them to be correct as tabulated above. The design professional's estimated cost of construction was $531,300.00. A thorough review of the proposals was conducted by the staffs, nd design professional. As a result, based upon verified qualifications, it is recommended that Bid No. 97-2629 be awarded to Energy Resources, Inc., 2206 Samuel Smart Court, Chesterfield, Missouri 63005 in the amount of $397,405.00, being the lowest qualified and responsive bidder. The following additional information is provided to enable a complete understanding of the circumstances involved with this consideration: 1. The required state and federal permits have not been received to date. It is recommended that award of this contract be subject to m:eipt of said l~i-raita. Since the bids were opened prior to receipt of the permits, any unanticipated special conditions which would be contained in the permits may result in increased costs of const~ction. The recowanended awardee, Energy Resources, Inc. was de. dared in default under Contract No. 90-I 538, Wiggins Pass Maintenance Dredging, pursuant to action by the Board of County Commissioners on May 211, 199I [Agenda Item 9 (IT) (I) ]. The circumstances associated with such action involved dredging in the open waters of the Gulf of Mexico and the lack of adequate equipment to de~J with the dynamic ,.::.,t. tO0 ) } ~...._l ...... conditions of wave action and currents. The work to be performed under this contract is in sheltered waters where such conditions are not a factor. Based upon the results ofthe review of the qualifications and experience (copy attached), Energy Resources, Inc. is considered to be qualified and have adequate equipment to perform the work proposed herein. 4. Another matter related to award of this contract pertait~ to the hours of operation and noise level associated with the proposed construction activity. Due to the nature ofthis construction and critical time constraints for completion of the project, it is necessaxy for equipment to operate 24 hours each day, 7 days each week. Due to the uncertainty of complying with the noise level requirements during the hours of 6:00 p.m. to 7:00 am. as set forth in Subsection 54-92 (2) of the Code, atime of day waiver is reqt~,~__-,d in conformity with Section 54-89 of the Code. In an effort to minimize the impa~ in this regard, the contract specifications require that all equipment used on tbix work shall be equipped with satisfactory mufflers or other noise abatement devi~ FISCAL IMPACT; Cost: Fund: Cost Center:. Project Number: $397,405.00; to be obligated in tl~: I:~dget fo~ FY 96/97. (195) Tourist Development - 60% (110420) Wiggins Pass Dredging (80226) Wiggins Pass Inlet Mana~ Pursuant to approval of a TDC gra~t ~ ~! ~ budget amendment by the Board of ~ C~ o~ August 5, 1997 [Agenda Item g (E) (4)], funds ~ the ~ of $584,430.00 have beerl approlxiated for' thi$ ~ GROWTH MANAGEMENT IMPACT: None RECOMMENDATION; That the Board of County Oam::fisfi~grs: 1. Award a contract for Bid No. 97-2629, South Clmm~:l & Water Turkey Bay Maintenance Dredging, to Energy Resources, Inc., in the amotmt of $397,405.00 subject to receipt of ~te and federal permits. 2. Grant a time of day waiver in conforming with Section 54-89 of the County Code. 3. Authorize the Ctmirman to execute the contra~ Executive S~ Page 3 PREPARED BY: REVIEWED BY: Offi~,of C_~pital Projects M~aagement REVIE'~ED B~~.~ Ed II~----~n~,, Ad~ministrator Public Works Division attachments cc: Energy Resources, Inc. Coastal Engineering Consultants, Inc. Beach Renourishment/Maintenance Committee pag/exsumsochannelturkeybay. O 1 Date: EXECUTIVE SUMMARY RECOMIVINEDATION TO APPROVE AN AGREEMENT FOR EMERGENCY WATER INTERCONNECTS BETWEEN COLLIER COUNTY AND BONITA SPRINGS UTILITIES OBJECTIVe..: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water / Sewer District, approve an Agreement between Collier County and Bonita Springs Utilities to provide for emergency water service interconnects. CONSIDERATION: 1) Bonita Springs Utilities has requested that the Comity enter into an agreement to provide several emergency water service connections, to be constructed along Bonita Beach Road between the Collier County and Bonita Springs water systems for the purpose of providing an emergency service capability to Bonita Springs Utilities. 2) The Board of County Commissioners has in the past viewed such agreements as a public service and has entered into similar agreements with both the City of Naples and Florida Utility Services, formally known as Southern State Utilities. 3) The Agreement, if approved, would be used in the event that Bonita Springs Utilities, experiences a natural disaster or mechanical failure which reduces their treatment and/or distribution capabilities to a level below their current demand. Under such conditions, Collier County would provide supplemental emergency water to Bonita Springs through the proposed interconnects based on excess availability within the County's System, over and above that necessary to the meet the needs of the County's customers. 4) The proposed Agreement does not require the County to construct or maintain any excess capacity within its Treatment or Distribution system to meet emergencies within the Bonita Springs Utility system. Under the proposed Agzeement, Bonita Springs Utilities would reimburse the County for any emergency Water Service provided by the County, based on the County's production exists. 6) The Agreement l-ma been reviewed and ~roved by the County Attorney's Office for legal sufficiency and has been executed by the Chairman of the Bonita Sprlm, x~ Utilities, Board of Directors. 'F~ There is no fiscal impact to the County reciting from the execution of this Agreem~t. Under the terms of the Agreement Bonita Springs Utilities is responsible for all costa to construct the physical cormection$ between the two systems and is responaible for the ongoing maintenance of those connections. }Recgmmendati0n; The County Water Director recommend~ that thc Board of County Commissioners Ex-Officio, the Governing Board of the Water / Sewer District approve the proposed Agreement for Emergency Interconnects, between Collier County and Bonita Springs Utilities and/~/~//~.¢~/./'/./' rman to execute the Agreement- Prepared by: ~/c'~ , ."/ ,J ~?-Ag-~ ~M'ichael'~.~N~Tv~, W~ter Director Approved B~ Ed Ilschner, Public Works Administrator AGREEMENT FOR EMERGENCY WATER INTERCONNECTS This AGREEMENT is made and entered into on this day of , 1997, by and between the Bonita Springs Utilities, a Florida corporation ("Bonita Springs Utilities"), and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Board"). WHEREAS, Bonita Springs Utilities desires to provide for temporary emergency water service during periods of reduced availability from their normal sources caused by mechanical failure and/or natural disaster; and WHEREAS, Bonita Springs Utilities has requested County to provide such temporary emergency water service th. rough temporary or permanent services connections; and WHEREAS, Board owns, operates and provides the public with existing utilities services via Board utility facilities which, pursuant to the terms and conditions set forth herein, have the potential to furnish Bonita Springs Utilities limited emergency potable water supplies; and WHEREAS, Board and Bonita Springs Utilities agree to enter into this Agreement and thereby set forth the terms and conditions upon which temporary emergency water service shall be provided by Board to Bonita Springs Utilities; and WHEREAS, it is in the public's best interests that Bonita Springs Utilities and Board enter into this Agreement. NOW, THEREFORE, the Board and Bonita Springs Utilities, in consideration of the mutual benefits flowing fi.om each to the other~ do hereby agree as follows: I. Subject to the terms of this Agreement, Board agxees to supply to Bonita Springs Utilities such exce~ potable water as is available within the Board owned and operated water system that is over and above the needs and demands of the Board and of the Board's Utility customers within Board's water service area. !:-'i. ' __5. water main up to and including the first isolation valve which controls the flow of water form the Board's water system. The remainder of The Interconnect shall be owned and maintained by Bonita Springs Utilities. The parties agree that this Agreement shall not obligate the Board to provide service to Bonita Springs Utilities other than to provide water for a temporary emergency assistance as a result of mechanical failure and/or natural disaster. In the event service requests are made for reasons other than the conditions outlined within this Agreement, Board shall have the right to charge Bonita Springs Utilities the same rates charged other Board customers. The following additional conditions shall apply: a. The Board and Bonita Springs Utilities shall designate a member of their permanent staff who shall receive all requests and who shall have the authority to approve or disapprove requests. b. F~ch request for emergency water service shall be acted upon in good faith and in a timely manner by the Board. By entering into this Agreement, the Board agrees to supply said service subject to availability as described above; however, Bonita Springs Utilities is not obligated to accept any specific volumes of water, and termination of service shall occur when the need for temporary emergency water service is no longer necessary. c. At its discretion, the Board may establish and enforce control of valve(s) under its control, as to limit: 1) the times of day and/or of days of the week during which delivery will or will not be made; and/or 2) the toLal vol'amc of water to be delivered over a designated period. These controls, however, will only be used as a means of addressing availability constraints. The Board shall not be responsible for any adverse effects that its inability to provide service, adju.s'tments of valve settings, and/or pressure might produce in the Bonita Springs Utilities water system and/or its customer's property. Bonita Springs Utilities agrees to hold harmless, indemnify and d:fend the Board against all ~ch claims. ; : 7, d. Bonita Springs Utilities agrees to exercise prompt and diligent efforts to eliminate its need to obtain temporary emergency service from the Board. It is mutually agreed that whenever water is supplied by the Board under the terms of'this Agreement, Bonita Springs Utilities shall reimburse the Board for all water received, in accordance with the following: a. Payment shall be on a per thousand gallon basis, measured by the appropriate meter(s) at The Interconnect(s) and based on the Board's actual production and delivery cos'ts. Th. is rate will be reviewed by the Board at least annually and adjustmen~ made as necessary. b. The meter shall be read jointly by the two parties at the following times: when the valve(s) are first opened at the beginning of the service delivery; at the time of the final termination of sen'ice and at approximately the first of each calendar month that occurs between the beginning and termination of sen'ice. It shall be the responsibility of the Board to schedule all meter readings at mutually agreeable times. It shall be the responsibility of the Bonita Springs Utilities to make annual accuracy and operation tests of The Interconnect(s) meter(s) and backflow assembly(les). The results shall be forwarded in writing to the Board. If non- permanent interconnect(s) are utilized in pa.~ or for all interconnect(s) the meter(s) and back.flow assembly(les) shall be tested by the Board at the time of ins~lation. Said test results shall be forwarded to the Bonita Springs Utilities. a. If Bonita Springs Utilities or the Board should believe that the metering device(s) is (are) not recording correctly or that the backt'low assembly(les) is (are) not operating correctly, either party may request a re-te~ of the meter(s) and/or backflow assembly(les). Should the test(s) reveal accuracy or operation with. in the manufacturer's recommended range, then the cost of obtaining the test shall be borne enti. r~ly by the Utility making the reque:st. If either an annual test(s) or an additional test(s) of accuracy or operat!on reveals e.n error ~yond the limit o£ the manu£m::n.u'er's recommended range, it shall be assumed that in the ease of 4 ' 10. Il. the meter that the inaccuracy existed for the last one-half(~) of time since the last test(s). Any billing that occurred during that period shall be adjusted by the Board to reflect the adjusted quantities based on the manufacturer's minimum if the test results are Iow and maximum if the test results are high accuracy levels and at the rate per thousand gallons that was in effect at the time delivery occurred. In the ca~ of the backflow assembly(ies), Bonita Springs Utilities shall correct the problem in a timely manner. This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either party to the other at its sole discretion. It is understood and agreed by and between the two panics that if any condition or provision contained in this Agreement are held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision and does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed on the date and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR/DA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By:. TIMOTHY L. HANCOCK, CHAIRMAN i& (/5 Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: SECRETARY, BONITA SPRINGS UTILITIES ' L~(les, Secretary BOARD OF DIRECTORS OF BONITA SPRINGS UTILITIES By: Henry Hc~tetler,CHAJRNL4_~ Approved as to form and legal sufficiency: 6 REQUEST APPROVAL OF A BUDGET AMENDMENT TRAaNS~G FUNDS FROM CAPITAL OUTLAY TO OPERATING TO COVER COSTS FOR EQUIPMENT ACQUIRED UNDER LEASE/PURCHASE AGREEMENT. ~: To obtain Board ~I of a budget anmadmmt lz~asfen-ing funds from Road and Bridge Fund I01-16362g-764150 (Capital Outlay) to I01-16362g-644650 (Operating) to cover costs for equipmen! CONSIDERATIONS: On November 12, 1996, the Bom-d approved Agenda Item 16(BX4), which e~ablis~ a purchase plan for the rrplacement of .5cwrral units of major road mainterumce equipment, as well as purchasing an additional Jet-Vac unit and a fork-lift, in this fir, cai year. Since the e~timated purchase price for the equipment was high in comparison with prtwious budget year allocations, it was determ~ that · lease/purchase program would be the most cost-effective method of obtaining selected pieces of equipment. Funds for the needed equipm~t, both outright purchase and lease/purchase, were budgeted in Capital Outlay based on overall costs. However, it has been determined that lease/purchase items should be paid for out of Operating Funds. Therefore, a budget amendment is required ~o transfer the necessary funds from Capital Outlay to Operating to cover the lease/purchase agreement(s). FISCAL/MPAC~: Transfer $110,300 from Road and Bridge Fund 101-163628-764150 (Capital Outlay) to Road and Bridge Fund 101-163628-644650 (Operating). GROWTH MANAGEIWENT IMPACT: Not applicable. RECOMMEN'BATIOI~: That the Board of County Commissioners approve a budget amendment transferring funds in the amount of $110,300 from Fund 101 Capital Outlay to Operating to cover costs incurred from the leaseYpurcha~ of new and/or replacement equipment. PREPARED BY: ' .~~ Mm'quita King, Senior Secretary Ed II~chn~, ~ha'l~lic Works Administrator DATE: ~7~/.f-....~ '7 trdrd081497/F_.S 101 Equip Xfer.doc EXECUTIVE SUMMARY AWARD THE SKATEBOARD PARK CONCESSION AGREEMENT FOR THE EAST NAPLE.5 COMMUNITY PARK AND APPROVE THE ATTACHED BUDGET AMENDMENT TO PURCHAS[ AN ADDITIONAL RAMP FOR THE SKATE PARK. Objective: To have the Board of County Commissioners award the Skateboard Park Concession Agreemen for East Naples Community Park to Sparrow Ventures Inc and approve the attached budget amendment pun:hase an additional ramp for the skate park. Consideration: RFP # 2623 was advertised on January 7, 1997 with the actual bid opening occurring o~ January 31, 1997. One vendor responded to the Request for Proposal, Sparrow Ventures, Inc. The committe, accepted their proposal. The term of the initial agreement is for five years with an option to renew for five yean under the same terms and conditions as the original agreement. The Concessionaire is authorized to operate manage, and maintain the skateboard park including: lessons, special events, clinics, sale md/or rental o: skateboard related items, and sale of food and sundry items. According to the agreement the County provides the following facilities and space at East Naples Communit} Park: 34' x 24' mobile trailer, 20,000 square foot cement slab, ramps, and rails. The ramp and rail design shal: be provided by the Concessionaire. Funding for the rails and ramps shall be provided by the County and shal: not exceed seventy-five thousand dollars ($75,000). The money is budgeted under the project cost consm~ction. Even though $75,000 is budgeted for ramps and rails under the agreement, staff requests an additional $25,0(K to purchase avert half-pipe ramp for the facility. According to the Concessionaire, the vert ramp is ~ cornerstone piece of equipment used in all of the national skate tours such as the X-Games on ESPN. Thi.~ apparatus will enable staff to attract national events to our area. Funds are available to purchase the ramp it "Naples & Urban Collier Community Park Impact Fee, Reserves" Fiscal Impact: Fund and account numbers #368-919010-993000, ''Naples & Urban Collier CommuniD Park Impact Fee, Capital Outlay Reserves", will be reduced by $25,000. Fund and account numbers #368. 116360-763100-80087, "Naples and Urban Collier County Community Parks, Parks Capital Projects, Ea~ Naplea Skate Park" will be increased by $25,000 per the budget amendment, then reduced by $100,000 fm purchase of the rails and ramps,~$75,000 per the agreement and $25,000 per the budget amendment.) The County shall receive seven percent (7%) of the gross monthly revenues and an additional percentage fo~ total annual gross revenues as follows: Year Total Anpuat Gross Reven~e Percentage Year I $300,000 or more Year 2 $350,000 or more Year 3 :$400,000 or more Year 4 $450,000 or more 4% Year 5 S475,000 or more 5% AU$.2 6 Gr.'th Management: None R~eommendation: That the Board of County Agreemen! with Sparrow Ventures, Inc. and approve the attached budget amendment. Commissioners award the Skateboard Park Concession l:~partment of Parks and Recreation _.Datc: R~vlewed and Approved by_ Maria Ramsay, Director Deparunent of Parks and Recreation Approved by: ' ' * - ' Dia tor Department of Purchasing _..Date: Approved by:~ Division of Public Services BUDGET AMENDMENT REQUEST For Bu4gct/'F'matw~ U~ C)~dy A.P.H. Dm= ...................... FUND TITLE Naples & Urban Collier County FUND NO. 368 Community Parks Impact Fee Date prepared: August 15, 1997 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL {Cost Center No. [[Park /Cost Center Title I IProject Titl~ Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 763100 Improvements S 25,000 $ 360,603 $ 385,603 General TOTAL $ 25,000 REVENUE BUDGET DETAIL Reserves 919010 [ [ Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 993000 Reserves for (S 25,000) S 1,737,293 $1,712,293 Capital Outlay ~ TOTAL ($ 25,000) EXPLANATION Why are funds needed? Funds are needed to purchase a ramp for the East Naples Skste Park. Where are funds available? Funds are available in Naples & Urban Collier County Community Park Impact Fees, Reserves. v REVIEW PROCESS Cost Center Director: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE AUG 2 6 199'7 SKATEBOARD PARK 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 Sparrow Ventures Inc., a Florida Corporation with offices at 1303 Solana Road, Naples, Florida 34103 (hereinafter called "Concessionaire"). SCOPE. 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 East Naples Community Park, 3500 Thomasson Drive, Naples, Florida, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set fodh. ao TERM. This Agreement shall be for a term of five (5) years, commencing on the date of approval by the Board of County Commissioners and shall be renewable upon satisfactory performance by the Concessionaire, for one (1) additional periods 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 at East Naples Community Park: 34' x 24' Mobile Trailer The name of the Skate Park shall be The Sanctuary. Skateboard Park Structure to consist of a 20,000 square feet cement slab, ramps, and rails. The ramp and rail design shall be provided by the Concessionaire. Funding for the ramps and rails shall be provided by the County and shall not exceed Seventy-Five Thousand Dollars ($75,000). 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: Operation, management and maintenance of the Skateboard Park; lessons, special events, clinics, sale and/or rental of Skateboard related items, sale of food and sundry items. Any other lawful activity at the site if, and to the extent and duration, approved in writing by the Director of the Parks and Recreation Department. Agenda No. o NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or cedified mail to the Concessionaire at the following address: Sparrow Ventures, Inc. 1303 Solana Road Naples, Florida 34103 Atteotion: Linda Rice, President All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of the Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 33999 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. NO PARTNERSHIP OR AGENCY. 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. MAINTENANCE. The County shall be responsible for maintenance, repair and/or replacement of ramps and rails at the Skateboard Park. The Concessionaire shall inspect the ramps and rails daily for damage or deficiencies and maintain a daily log of the findings. The daily log shall be faxed to the Parks and Recreation Department once per day no later than 4:30 p.m. (or immediately if damage or deficiencies are discovered). Any dangerous obstacles shall be immediately roped off until repairs are made. Continuous observation for damage to ramps and rails is important and any dangerous conditions must be reported immediately to the Director of the Parks and Recreation Department. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without pdor 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 hisser stock (except by operation of law). nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effect;vely change the ownership of the corporation. However, the sharehotders have the right to convey between themselves..~aand their spouses and children without the County's consent. o 10. 11. USE OF THE FACILITIES IS PRIMARY. The East Naples Skateboard Park 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 preclude the Concessionaire from scheduling promotional events or special events which might temporarily limit access to the event site subject to the prior written approval for each of said, on a case-by-case basis, of the Director of the Parks and Recreation Department. SECURITY. The County shall provide and install a security system in the mobile trailer. The County shall be responsible for the monthly monitoring fee for this system. The County shall not be liable for failure of the security system; nor shall the County be liable for failure to protect the Concessionaire's equipment and materials. The Concessionaire must provide at its expense any security measures to protect its equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all 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. 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. TRASH AND GARBAGE REMOVAL. The County shall provide all garbage, trash and rubbish receptacles and dumpsters. The Concessionaire shall perform daily removal of litter in the immediate exterior area within one hundred (100) feet of the Skateboard Park facility. Dumping of receptacles and removal of trash, rubbish and garbage to the dumpster shall be the responsibility of the Concessionaire. Dumping of the trash dumpster(s) shall be the responsibility of the County. UTILITIES. The County shall pay for all utilities (water, sewer, and electric). The Concessionaire shall pay for all telephone charges, i.e., telephone installation and all other charges related to telephone service, including long distance telephone charges. ! AU$ 12. CONSIDERATION. The Concessionaire shall 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 sale and/or rental of Skateboard related items, clothing, lessons, food, and/or sundry items as follows. Year 1 - 5 7% Per Month The percentage shall be based on total gross revenues per month. Each payment 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 all costs and charges arising from, or related to Concessionaire's obligations under this Agreement. and that the guarantee or the percentage 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 amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. In addition, at the end of each calendar year, but no later than March 31 of the following year, Concessionaire shall pay the County a Bonus based on its total annual gross revenue. The Bonus shall be paid as follows: Year Total Annual Gross Revenue Percentage Year I $300,000 or more 1% Year 2 $350,000 or more 2% Year 3 $400,000 or more 3% Year 4 $450,000 or more 4% Year 5 $475,000 or more 5% The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. 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 pedod of three years following the termination of this AgreernenL The Concessionaire shall provide a copy of its State Sales and Use Tax Repod for the same accounting pedod as required for the Statement of Gross Receipts. In the event the County chooses to renew the Agreement for one additional five-year pedod, the percentages offered above shall be renegotiated and will be su~ approval by the Board of County Commissioners i In the event the County chooses to renew the Agreement for one additional five-year period, the percentages offered above shall be renegotiated and will be subject to final approval by the Board of County Commissioners 13. 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. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 14. FORCE MAJEURE_. If closure of the facilities or loss of equipment is due to fire damage, ~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. 15. CONCESSIONAIRE NOT TO REMOVE PROPERTy.. Concessionaire shall not remove from the East Naples Skateboard Park any person,~l 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 the East Naples Skateboard Park and shall do so within fifteen (15) days following the 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 fo~: such costs and expense, plus all expenses of the sale. 16. RECORDS, AUDI_T. Concessionaire shall establish and maintain 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 designat~ AUG2 17. 18. 19. 20. County within three (3) 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 all 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 representatives 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 waives all rights, claims, and demands and f°~-ever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 21. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its control or superv sion, 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 lien to be discharged within ten (10) days after written notice to do so from the County. 22. ORDERLY OPERATIONS, ETC_.___~.. The Concessionaire shall have a neat and orderly operation at all times and shaft 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. 23. EMPLOYEES; MANAGER_. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. Ail employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall supply competent and physically capable employees, and the County may require /he Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. Ali 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. Agenda l:l:w ~ AUG 2 19.q!/ 24. 25. 26. 27. HOURS OF OPERATION. The concession, including the Pro Shop and the Skateboard Park, shall be open and properly staffed seven (7) days each week. The hours of operation shall be from 11:00 a.m. to 10:00 p.m. during the summer (April I thru September 30) and from 1:00 p.m. to 7:00 p.m. Sunday thru Thursday and 9:00 a.m. to 10:00 p.m. Friday and Saturday dudng the winter (October 1 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. There shall be no use of the Skateboard Park Facility after hours without the expressed written approval of the Director of the Parks and Recreation Department. The Concessionaire agrees to provide a minimum of two (2) hours per week for free admission to youth 17 years of age and under. Free admission shall not include use of rental equipment, etc. 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, ordinance, 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 authorized 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 during such suspension until the violation has been corrected to the reasonable satisfaction of the County. PRICES. 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 the Concessionaire' s customers. Ail such prices and fees must be approved in writing by the Director of the Parks and Recreation Department or his designee. The Concessionaire shall rent or sell only those items approved in writing by the County. NO 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. Agend& .~t,e~ AU$ 2 28. 29. 30. 31. 32. 33. 34. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, 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 provide for the safety, orderly operation and security of the facilities. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause. The County shall be sole judge of non-performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a sixty (60) days written notice of such intent. COUNTY CONTROLS OF EAST NAPLES SKATEBOARD PARK. Nothing in this Agreement will preclude the County from using the public areas of the East Naples Skateboard Park for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. The County shall notify Concessionaire of their intent to use the public areas of the Skate Park 48 hours prior to such use. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Department. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by Code Compliance Department. The use of the Collier County Logo is prohibited. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against 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 adsing directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its sole negligence. AUG 2 $1997 35. 35. 36. INSURANCE. Before commencing work of any kind, (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. A. Commercial General Liability; Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensatiqn..: Insurance covering all employees meeting Statutory Limits in compliance with all then applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the wbrd 'County" shall refer to the Director of Parks and Recreation unless the context renders such construction COMPONENT PARTS OF THIS CONTRACT_. This Contract consists of the a~ffached component parts, all of which are as fully a part of the contract as if herein set out verbatim:- All insurance Certificate; RFP No. 97-2623, and Performance Bond. In the event that the Terms and Conditions of the Request for proposal are perceived or found to be in conflict with the Terms and Conditions of the Skateboard Park Concession Contract, the Terms and Conditions of the Contract shall take precedence. I ,A. U6 2 6 199 IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wdtten. Dated: Al-rEST'. DWIGHT E. BROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIMOTHY L. HANCOCK, CHAIRMAN CORPORATE SEAL Approved as to form and leg,~iciency: Thomas C. Palmer Assistant County Attorney By: SPARROW VENTURES, INC. The "Concessionaire" "~S~-gn~ture of~ President of Sparrow Ventures Inc. Pdnted name of President lo AU6 2 6 B97 FEE SCHEDULE Semi-annual Membership - Semi-annual membership provides the skater with a pass into the park that is good for six (6) months. Semi-annual Club Membership - Semi-annual club membership provides the skater with a six month pass that allows him to come in and skate on club night plus receive club discounts and benef'~. Member Daily Fee Nonmember Daily Fee $25.00 $25.00 $ 3.00 $10.00 ]! THE WEST AMERICAN I'N~CE COMr'PANY 13,~ NoR'ri[ 'rFIIRD CONCESSIONAIRE BOND 3-302-396 KNOW ALL ~ MJ~N PR~.SEb~S, That ~ Sparrow Venturea Inc or~qi~ ~ ~g und~ ~c la~ of~ S~e ofInd~g a~ ~ly ~or~ ~nd fi~ ~ ~ bus~c~ ~ ~c S~ of Fl~d~, ~eH~er called "S~c~'~ ~ S~, ~'c held ~d ~ly ~d ~ Board o f Councy Commis s [oners (he~in~ ~ll~ "Obli~e~ ~ ~e pe~itumof: F~ve [housand and 00/100 dollars. ($ 5,000.00) Dollan, for the payment of which, well and truly to b~ m~c, w~ bind ourselves, our heir% ~dmi.ait°o.-,mm% executor successors and ~ssign~, jointly and severally, firmly by ak¢$e presets. WHEREAS, thc Prlrgipal has entered [nm a Concession Agreement dated tile 7 th day of Au..~_uK~.~~ 199 7 . with the Obligee which glv,~ th, Prhaelpsl thc exclusive rilgb~ tO operale a Cor~e~ion I.~ described in said Agreement, which i.s incorpo~tr.d herein by reference, and is made pan ofthi~ bomL at East Naples Community Patig in tbe City of Naples _,Florld~ ,wow, THEREFOR.E, TI~ CONDITION OF THIS BOND IS SUCH, That ifil= Pr~c~p~l ~hail indemnify ~d nyc ~l~s ~e Oblige ~ ~y ~d all Ins~ ~ ~, di~fly ~;oMg ~ ~n of · c f~ilu~ of ~c ~ncipal to ~lly ~ ~thfully ~ffo~ i~ obli~fioa to the Obli~ ~&r ~c a~ve rcfcren~ A~menL ~en thi~ nhllg~fion ~h~i ~ void; oth~isc ~ rcm~h~ ~ full fo~ ~d effect. Fl IR TI--I~_RMOI~, it i£ agree<! ~od ar.c. cptcd by all pn~c$ tlgit thc SUrety shill have the right to terminate its liabil/ty hereunder by serving wrinen notice of its election to do so, by United St~_~ rcgLstercd mail upon the Obligee, ~afd thereupon the Sure .ty sl~all be discharged from any lhbility for ~uy defauk ofth¢ Pr[ncipal after the expi~ion of forty five (45) days from ~md aRer mid notice. I~ WT~4ESS V~24EREOF, thc ?ri~cipal and Sure~y have hete~t~ vat their hancb and ~ tl~ 7th dayaf August , I~9 7 rYi~i~: Sparrow Venturea Inc By:~ ~ Name: Linda Rice Title: President (witness -.s ~o Sure~) Name: Acld~e~: '2150 Coodlette Rd N 1~503 Naples~ FL 34102 Ph~: 941 262-5143 -- d -'- '04 CERTIFIED COPY OF POWER OF ATTORNEY %VEST AMERICAN INSURANCE COMPANY ADMIHISTRATIVE OFFICE, IL&MILTON, OitlO No. ~,,.,,~,'~. & '7~-. ~...~: Thai ~ST ~E~ ~S~ CO~. in pu~u~ ofau~od~ ~d ~ ~iclc ~, Section I of~c By- ~ of said ~mp~y, d~s hereby ~mi~. ~mti~g ~t ~inc John A. Caballero or ~chard I. Biondi of Naples, ~odda iu ~ I~1 ~ent ~d a~omcy {s~in-f~ m m~c, cxc~. ~ ~d deliver for ~d on i~ ~h~f u s~, ~d u i~ act ~d dccd ~y ~d ~1 BONDS, ~E~T~GS, ~d ~C~C~, no[ cx~cdinI ~ ~y sinll~ ins~ ONE MILLION (SI,~,~.~) DOL~. ~cluding however, ~y ~nd (s) ~ ~lnI (s) lu~cinI ~e pa~cnt of no~s ~d in~s~ ~e~on And the execution of such bonds or undcr'~kinl, s in pursu~nc~ of ~cse prcscnu, shzll b¢ ~s blnding upon s~Jd Company, ~s fully znd ~nply. u~ Vl in~cnU ~nd pm'poses, is if I~cy had bccn duly cxccu~d znd acknowledged by Ge r~gulatly clcc~d officers of the Company ~t its office in Harnilton. Ohio. in their own pml~t The ~ori~ ~'~n,~d hereunder supersedes ~ny prc~ious aut~ot~, hcrcu~forc gr~nu:d the ~.bov¢ n~ncd attorney (s)-in-f~-'L DC wrT'NESS WHiR. EOF, Mc undcni~ncd otTicer o/thc s~id Thc West American Insurance Comp~rty h~s hereunto subscribed his n~c ~nd ~ffixcd Mc Corpor~z Sc.~ of ~he s~Jd Thc West Azncric~n Insurance Company this 23rd day ofJ.ly, !~96. Mark E. Schmid~, Assistant Scc~"y STATE OF O~O :SS COUNTY OF BUTLER On this 23rd day el'July A.D., 1996 before ~c subscriber, a No~,~'y Public of~hc S~ of Ohio, in ~d for ~c Coun~ of Budcr, duly co~issloncd ~ qudific~ c~e ~{ark L SchmidL ~SL Secrtla~ of ~T ~C~ ~S~CE CO~, m mc ~on~ly ~o~ m ~ ~C indiYidug ~d offi~ descried i~ ~d who cxccu~d ~c pre~dinl i~mcnL ~d hc ~owlcdlcd ~ cxc~on of~ ~, ~4 ~in~ by me duly sworn dc~ ~d s~ ~ ~ ~ · c o~r or~c Comply ~orcsaid. ~d ~at ~c ~ ~lxcd ~ ~c p~dln~ i~mcn~ is ~ Co~ ~ ofs~d Comply, ~d ~c s~d Co~ ~ ~d h~ signature ~ officer wcrc duly ~xcd ~d subsc~ ~ ~c ~d ~nt by ~c au~ ~d di~on of~c said Con.ion. IN' TESTIMONY V,'H.ER.EOF I have hcrcumo set my hsd ~nd ~'Tixcd my O/fici.l Sc~ at mc Cily of Harnilton, Sla~: of Ohio I~c c~y ~d )'cat first above wrktcn. Public in and for Counl7 of Budcr. S~c of Ohio My Commission expires Aulus! ~. 1997. This power of a~'~mcy is ironed unclcr ~nd by au~ori~, of Atuclc VI, SeclJon ARTICLE 'VI SECTION 1. APPODCTME~'F OF R~IDEI',rT OFFICER~. Thc L'~ olive Board. ~he Pn:sidc~ any V'me Presider& · S¢c~ or am,/Assis~am Sccrc~ry ~1 b~ lad is hcr~by vcs~d with full power ol'a.~d ~ut, horJly Io ~opoin~ Izlottmys in ~ fo~ I~e ~ ofsJgnin~ Ihe rmm~ ofi~c ~ ~s ~ m' guat~nlor, and ~o exccuu:, al:znch ~ corporas~ std, acknowledge and ~livcr my md "11 bonds, reCO~en[~,~mlc~, I~i~Ziaels, m~k~la~in~ oc oLt~-t iaslzumcau of su~ip or gu~e, ~d ~llc~ of i~ ~ ~ giv~ ~ ~v~ of ~ ~divid~, ~ ~ ~ ~ o~ ~~ ~ ~ ~ ~ ~ ~ s~, or ~y o~ct~ ~d or ~ of ~y ~un~ or s~, m ~ Uni~d S~s ef~ m ~ ~ ~ ~li~ ~v~g~ ~ ~ ~ sJ~d ~d ~gcd ~ [~ilc u ~ ~ ~ folla~I bla ~d ~ ~ ~ o~ ~ ~ A~l 24, I~0. IN WITNESS WHEKEOF. Jhavchcrcuntosc~myhandandthescaloftheCtnapony~his 7th daxof Augusl: A.D..19~7. Poe & Brown, Inc. - Naples 2150 Goodlette Road, Suite 503 Naples, FL 34102 CERTIFICATE · · R08/0'7/97 THIS CERTIFICATE"iS ~ ~RS NO RI~$ ~ ~ ~~ ~' ~IS ~TI~ ~ES NOT ~NO, ~ ~CIES ~. COMP~IES ~ORDING CO~GE Sparrow Ventures Inc 1303 Solana Road Naples, FL 34103 COM,ANT A American Empire Surplus Lines LETTER :OMPANY B ,ETTER COMPANY C LETTER COMPAN'f D LETTER coM,.^~, E LETTER TH~ S TO C:ERTI:~ THAT THE POLICES OF t4$URANCE LISTED BELOW HAt/E BEEN IS.StJED TO T1.E I'~LJRED NAMED e,n:,CaTEO, NO'rWn~TANOe~ ~ RC-OU~ENT. TE~ OR c:o~on'x::~ of: ~ ~ OR CP..~iI:IC..A'T~ MAY BE ISSUED OR MAY PER'rAlq. THE I,,I,~JI:iANCE AFFORC)EO BY TH~ POUCE~ D~$C::RIE~:O ~ I~ ~J~JC-CT TO ALL ~ TEFII EXCLUSIONS AND CONDtTIC)N$ OF SUCH P~uCIE$. LlJrrs SHOWN MAY ),{AVE BEEN REDUC~OBYPAIO PO UC'T NUMBER AUTOMOBIL~ L[AB ILYl'~ I ANY AL/TO ALL O'WNE 0 AUTOS I ~:HEOULED AUTOS : ' HIRED AUTOS .____~ NON-OWNE D AUTOS OARAOE LIABILITY UMBRELLA FORM OTI"~R THAN UMBRELLA FO~IM COMPE NSAT1GN AND E MPLOTE R~' UA a ILJT'~ Certificate ~older ±s Lncluded on POLICY EFFECTtV~ 'OUCY IDI;'IKATtON DATE (MM/OO/YI~ DATE (MMiD D/YY) 08/07/97!08/07/98 UMrT~ OENE,U~. AGOREOAra ,1,000, ~; ~0OUCTS-COM~"C~'AOG- ,1,000, ~ ' 0 ~,~ s AOV.,.~ ,1, 000, . ~Ac. ~C~.~.C~ ,1,000, q ~0~ (~ ~ ,Exclude COMBINED SINGLE LIMIT LODILY INJURY BOOIL. Y INJURY P'~Of~ RTY DAMAGE ACH OCCURRENCE AOOREGATE .: ? :.~.~ .~i. :'~:~.~::H ::::~ ;-' I s"rATtJTO~Y ACH ACCIDENT DI~A~-EACH EM~O~E the policy as an Additional Insured. Board of County Commissioners :iii!; MA~30 DAYIWRITTEH~TOTHECENTiqCATE~NAMEDTD1141 c/o Parks & Recreation Dept :?[' LEFT. e~rr FAa.U~ TO ~ $tX34 NOT~::E OHAU. ~.~,.,~? r~,.,~.-,~-- ~ 3300 Santa Barbara B1 ~; ~ ' .~ ~ Naples, FL 34116 ?~} AUG 2 [~] COHJER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION PURCHASING DEPARTMENT GENERAL SERVICES BLDG. 330l E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8425 FAX (941) 793-3795 DATE: December 26, 1996 TO: Prospective Bidders ~ FROM: Gwen Butler, CPPB, Senior Buyer RE: RFP #97-2623- .Skateboard Park 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 Opening of this RFP. If you have any immediate questions regarding the specifications or intended work, you may contact Mr. Gary Franco at 941/353- 0404. If you have any procedural questions, you may contact me at 774-8425. We look forward to your participation in this RFP process. /gb CC: Gary Frsnco, Parks ~upertntanden:, Parks AUG 2 6 19: Request for Proposal//97-2623 - 'Skateboard Park Concession' Page 3 TABL~ OF CONTENTS PAGE NUF~ Notice of Public Proposal ........ 4 Instructions to Proposers ........ 5-8 Scope of Services ............. 9-10 General Requirements ........... 11-13 Evaluation of Proposal .......... 14-15 Insurance Requirements ........ 16-17 Professional & Qualifying Information (Questionnaire) ........ 18-19 Proposer Check List ............ 20 Contract Proposal Form ........ 21-22 Non-Proposer's Response ........ 23 (i) pg. c~'~ Page 4 Request for Proposal #97-2623 - "Skateboard Park Concession' NOTICE OF PUBLIC PROPOSALS Pursuant to approval by the County Manager, Sealed Proposals for a Skateboard Park Concession at the East Naples Community Park will be received until 3:00 p.m. on January 31, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, Florida 34112. A non-mandatory pre-proposal conference will be held on January 7, 1997 at 10:00 a.m. at the Collier County Parks Administration Office, 3300 Santa Barbara Boulevard, Naples, FL 34116. Ail proposers must complete the enclosed forms requ%sting pertinent information relating to the operation of a Skateboard Park 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 Securit~ Ail proposals shall include a proposal security which may be in the form of a cashiers check or other acceptable form of monetary security in the amount of Five Hundred Dollars ($500.00). Performance Bond A performance bond in the amount of Five Thousand Dollars ($5000.00) shall be required prior to the signing of the Agreement and shall be in faithful observance of this Agreement. The successful Proposer shall be required to furnish the necessary Performance Bond. The Performance Bond shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. Page Request ~rProposal#97-2623-'Skamboud Park Co~¢ssion~ GENERAL CONDITIONS AND ~NSTRUCTION$ TO pRQPOSER$ PROPOSAL SUBMISSION: The procedure outlined in the Notice of Public Proposal must be followed. Proposers must submit the proposal together with the forms entitled, -Professional and Qualifying Information" and Contract Proposal. Submit the original and five (5) copies of the aforementioned documents to the Purchasing Director, the original signed in blue ink and submitted in a sealed package along with all copies, on which shall be shown the name of the proposer, proposal opening date, RFP n,,mher and title on the outside of the proposal 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 time stated in the Advertisement for Proposals. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals will be returned, unopened, and will not be considered for award. REQUIRED DOCUMENTATION: Failure to execute a Contract, furnish evidence of appropriate insurance coverage, as provided herein, within ten (10) days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of the RFP Security to Collier County, which forfeiture shall be considered, not as a penalty, but as a liquidation of damages sustained. Award may then be made to the next-ranked responsible bidder, or all bids may be rejected. PRQPOSAL FORM: Each proposer must submit the completed Proposal Form included in this Request for Proposal. SINGLE PROPOSAL: Only one proposal from a legal 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. RRICE PROPOSAL: When required, prices shall be stated in both words and figures in the 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 figures, the former shall govern. 1997 Page Request for Proposal #97-2623 - "Skateboard Park Concession" OUA~ZFI~AT~ON FORM: 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, criminal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Paragraphs 1 through 7 of the Florida Statutes, and agrees that they will fully comply in all respects with the terms of said laws. R~J~CTION 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. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. 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. PROTEgT~QN 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 DQCUMENTS AND INVESTIGATION OF PRQJECT: 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. Page ? Request for Proposal #97-2623 - 'Skateboard Park Concession" W WAL OF PROPOSAL: No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Purchasing 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: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director priQ[ ~o the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening 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. Any 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 of 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 PROPOS~rq: 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 BB~: Ail firms are hereby placed on ~ that the Board of County Commissioners does 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 members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, f_~ Proposal clo~inq to final Board aDDrov~, no firm or their agent shall contact any 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 serve as grounds for disqualification for award of this contract to the firm. Agend& Lt-e~ AUG 2 1.q l Page Request for Proposal #9%2623 - "Skateboard Park Concession" ~: 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. Sj~j~j~_~_~: The bidder 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 guarantee 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.) RFP security in the form of a cashiers check, bid bond, irrevocable letter of credit, cash or other form of security authorized by the Purchasing Director. Collier County reserves 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. D~ INFORMATION: Other than minor procedural matters, questions 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 Agenda No.~ AUG 2 I997 Page 9 R~quest for Pro~sal #97-2623 - "Ska~board Park Concession" of rv Collier County intends to provide a concrete slab approximately 176' x 176' located at the East Naples Community Park. The County is looking for a concessionaire who will provide the design, construction and installation of structures to be used as a Skateboard Park for state and national events similar to those used by the Aggressive Skate Association (ASA), and/or the National Inline Skate Series (NISS). The County shall construct a concession building for use by the Concessionaire. The County, as part of this proposal is also looking for a firm to manage and operate the facility once completed. The County is looking to provide an operation that stresses a drug free, non-violent, clean operation that will serve to draw the skating youth and as well enhance the neighborhood. East Naples Community Park is located at 3500 Thomasson Drive, Naples Florida 34112. si aire era ion: Proposals for operations and capital improvements shall, at a minimum, including the following: A) Hours of operations; B) Proposed Staffing levels; C) Proposed retail operation; D) Special Event concepts; E) Proposed rental operations; F) A proposed waiver form for adults and minors; G) A proposed name for the facility; Agend~ ,% t~m. 4 .o.,/loCo) / AUG ;? t~ '.3~,' Page I0 Request for Proposal #97-2623 - "Skateboard Park Concession" H) Provide the Company's experience in Skateboard Park Operations, including: 1) Rentals; 2) Equipment maintenance and repairs; 3) Special events; 4) Retail sales; 5) Design and construction. I) Indicate how much initial capital funding will be provided by the concessionaire to the project, the source of this funding and an estimate of how the funding will be distributed, i.e. dollars dedicated toward rental equipment, retail equipment etc. ' J) Propose a fee schedule, and schedule of concession fees to be paid to the County. Concession fees shall be shown as a minimum monthly payment or a percentage of gross sales whichever is greater. K) Provide a proposed plan for structures to be located on a 176' x 176' concrete slab. A drawing of a typical piece that shows the type of construction and materials that are to be used shall be included as well. Structures proposed shall not be a permanent type structure. The structure shall be made of material that can be rearranged allowing for different designs. L) Provide resumes of all persons who will be involved in the business and the actual operation. M) Provide a listing of the types of equipment that will be used as rentals and the expected lines of retail skates, clothing, and other major retail items. Indicate the names of any firms that are already under contract. AUG 2 $ P~,~ Request for Proposal #97-2623 - "Skateboard Park Concession" General Requiremen~ Page I I 8~f P~ABLE TO COUNTY: The Concessionaire shall pay to the County a stated percentage of gross receipts. Said rental percentage shall be paid to the County by the 15th of each month for the preceding month, and said payment shall be accompanied 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 as net, free and clear of all costs and charges arising from or relating to said demised premises. GRQ~$ RECEIPTS: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by the Concessionaire's Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. AUDITING OF ACCOUNTS: The Concessionaire shall, upon demand, make available locally, books of account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. ~ICEN$~S AND TAXES: The Concessionaire shall be required to obtain and pay for all necessary licenses for this operation. The Concessionaire shall be solely responsible for payment of any and all taxes levied on his operation. APREARANCE OF PREMISES: The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the facility. No signs or advertising shall be placed on or around the facility location unless first approved by the Director of Parks and Recreation or his authorized representative. Concessionaire shall make available all areas under his/her control for examination at any time by the Director of Parks and Recreation or his authorized representative. ~.MpLQYEE QUALIFICATIONS: The Concessionaire shall employ people to work at this facility who are literate, neat, clean, well-groomed and courteous and wear a uniform of the company. ASSIGNMENT OF CONCESSION AGREEMENT: The Concessionaire shall not, at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of County Commissioners. AU$ 2 6 1997 Page 12 Request mr Proposal #97-2623 - 'Skateboard Park Concession" General R~qutremen¢~ (Con¢!n~e4~ TEP~ 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 other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All 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 customer. ~PERATIONAL 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 concepts as set forth in his Proposal the comfort and safety of visitors and patrons. ~g-~: The Concessionaire shall provide any security measures which may be required to protect his/her area and his/her equipment, materials and facilities. NON'DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations referred to by this Management Operations Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. Ail 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 provide for safety, orderly operation and security of the facilities. A~end& ~tlff ~ / AIJ$ 2 Ii Eg? Page 13 Request for Proposal #97-2623 - 'Skateboard Park Concession" General Recruirements (Continued) ~Q.~: The Concessionaire must provide and maintain, at his own expense, all equipment required to operate the Skateboard Park Concession. The Concessionaire shall have the right to use County equipment, furnishings and fixtures that may be presently used in conjunction with the operations. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall quietly and peacefully, redeliver said inventory to the County. 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 figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. CLOSURE OF FACILITIES-LOSS OF EQUIPMENT: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, strikes, 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. AUG Page 14 RcqucstforProposal#97'2623 _-Skateboard park Concession" EVALUATION OF PROPOSALS ' g AT R which The general Contract Terms and conditions set forth criteria will be used in the receipt of proposals and selection of the success- ful firm. In addition, the criteria set forth below will be considered- county Manager, will A selection committee, appointed by the independently evaluate each proposal, and selection will be made on . ' eria listed below: ~o4s of the crlt - all questions the ~- . er shall answer .~ ~,,,st~on~E~E' propos . ~ ~irm answering all 1. 1 f ee (~) ~olnts. questions snai · ~ a ~ Rating u lifica ions and E~ erience, in ~a in in the 2. shall De Dasuu ~ Park Concession. A firm who has direct operation of a Skateboard experience with this type of service shall receive a higher rating than a vendor who, for instance, who has worked in a food maragement operation (maximum of 5 points). 3. ~~itY ~f Propo~: Rating . d clarity of proposal. ~ all completeness an similar contract~ s-~a!l be ~sed o~j~erindicates past experience, . · _ _~ v ---d method of opera~lon_~ propcsal ~..au .u~ -=~t ~roposers propo~= ~- ~ ma" be maae ~" at are n a bm roveme olnts. th · --~-- of ny P ~=-- ~f ten (10) P include sKe~c~=_~,4va maximum rauz,~ ~ . references shall ~ .... a 4 ~ Each proposal shall include the percentag · payment offered. The percentage or monthl :wk or minimum monthly payment shall be compared to the other proposals- The vendor offers the highest percentage or monthly payment shall receive maximum of five (5) points. A proposer who offers low~ percentage or monthly payment shall receive correspondingly le~ points, of the vendors monthly report of activiti ~,~orts: A sample . -:~ ~e ~roposal. Rati~ shall be bas ~ ion conta!neu U~ 2 oints. on lnf~V~ be worth a maxlmum of two ( ) P rating s~=~ R~qucst for Proposal #97-2623 - 'Skateboard Park Conc~ssion" Page 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, schedu presentations from the top-ranked firms. 5. The committee members will rank qualified firms and begim negotiations with the top-ranked firm. Should Collier County unable to negotiate a satisfactory contract considered to be t most qualified 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, and undertake negotiations with the third ranked firm. 6. Upon the successful completion of negotiations, a Contract sha be drawn up for final approval by the Board of County Commissioners who may request a presentation by the top-ranked firm(s). AUG Page 16 Request for Proposal #97-2623 - "Skateboard Park Concession" Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS ~ I Worker's Compensation Statutory Limits of Florida · Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Bodily In4urv & Property ~ X 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting $1_~_Q_~~ Single Limit endorsements. Per Occurrence X . 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 this contract or work performed thereunder. performance of This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's'.--l~t of, or sufficient insurance protection. '~:"f~rst' Ten'~ ($10.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. _~/A 4. Automobile Liability $ Owned/Non-owned/Hired Automobile Included ~/A 5. Other Insurance as indicated below: a) Professional Liability $ Each Occurrence AUG. 2 u / Page Request for Proposa! ,~97-2623 - ~Sk~tcboard P~rk Conc~ssion" COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) X 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. 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other forma~ will ~9 acceDtabl~. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Signature of Bidder Insurance Agency Signature of Bidder's Agent Request for Proposal//96-2596 - "Skateboard Park Concession" Page 18 Name: Address: City: Telephone: FAX Numb.: TYPE OF CONCESSION EXPERIENCE {food management operation, experience, etc.): TYPE OF FIRM: BIDDER QUALIFICATION FORM ~ ~_r~.orat~n~Years in Busines . -- -- ~n~rsnlp/Years in ~ ' s: _ ~ ~Usl~ess: , - ------____ ooxe Proprietorship/Years in Business: o-O-F~IgERS/PARTNER~~ Name Years of Experience 1o REFERENCES: Concession Bank(s) Maintaining Account (s) Surety?-~nderwriter: ,: . (if required) S<Uppl 1 e. rs: r~ .... . Page 19 R~qucst for Proposal//96-2596 - "Skateboard Park Concession" BIDDER QUALIFICATION FORM (Continued) OTHER INFORMATION Are there any judgments, claims or suits pending or outstanding b.y or ~ you? [_] Yes [_~] No If the answer to ~ question is yes submit details on separate sheet. , List all lawsuits that have been filed by or against your firm in the last five (5) years: Pursuant to information for prospective bidders/proposers for above mentioned 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 perform the type and magnitude of concession intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. The surety herein named, or any other bonding company, bank, subcontractor, supplier, or any other persons, firms or corporations with which we have done business, or have extended any credit to us are hereby authorized to furnish you with any information you may request 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. I AUG Z u 19 )? I Pa~e 20 Request for Proposal #96-2596 - "Skateboard Park Concession" _THIS SHEET MUST SE SIGNED BY V[~NDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department O R T 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 signed. 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. 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. 8. Any addendum have been signed end included. 9. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners General Services Bldg. Collier County Government Center 3301 Tamiami Trail E. Naples, Florida 33962 10 The mmhng envelope must be sealed and marked with: Proposal number Propcsal title Opening date 11. The proposal shall be mailed or aelivered in time to be received no later than the specified ~ date and ti_me (Otherwise proposal cannot be considered). ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. · - _-___ - Signature & Title t- 3o-~7 Date Page 21 Request for Proposal #96-2596 - "Skateboard Park Concession" CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 33962 RE: Request for Proposals #96-2596 - "Skateboard Park Concession" Dear Commissioners: The 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 concessionaire to provide a Skateboard Park Concession. 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: $ 2. % Or $.. ~ oo Monthly Addenda Received # # Page 2! Request for Proposal #96-2596 - "Skateboard Park Concession" It is understood by the proposer that the County reserves the right to reject any or all proposals, to waive formalities, technicalities and irregularities, and to re-advertise. The proposer further understands that the County retains the right to withdraw all or any portion of County property thereto from terms and conditions of the Concession Agreement upon giving the concessionaire ninety (90) days written notice. Propose?s Firm or Legal ~ame (Corporation') Partnership, sole Proprietorship, (Circle one) Phone No. 9 -~, - ~. q 9 - (. s 3 c, Address I ~O5 _c;'ol,=,~,-. R8 City and State Zip BY: b~,.~ 8o Ni¢¢ Typed and Written Signature & Title FL 3HIoB Agenda It ~e~m AU$ 2 I; 1997 EXECUTIVE SUMMARY ENTER INTO AN AGREEMENT WITH COLLIER SPORTS OFFICIALS ASSOCIATION, INC. FOR THE PURPOSE OF PROVIDING SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIF~. Objective: That the Board enter into an agreement with Collier County Sports Officials Association, Inc. for the purpose of providing sports officials for County sponsored activities. Consideration: For the past nineteen years, the Board of County Commissioners has entered into an agreement with the Collier Sports Officials Association, Inc. (CSOA) of Naples, Florida, for the pm'pose of providing adequate sports officiating for County sponsored games. CSOA is the only resource for provision of sports officials within Collier County,. A vendor simplifies the payment procedure and facilitates the payment for services. The vendor will provide statements to the Collier County Parks and Recreation ~ent biweekly. The agreement will be in effect from September 13, 1997 to September 12, 1998. Officials will be provided for the following sport games: I. Adult softball in the Naples area; 2. Adult softball in the Marco Island area; Fiscal Impact: Funds for this expenditure are budgeted in Fund and Co:st Center #001-156341, "Gene~ Fund, Recreation Programs". totaling approximately $50,0OO. Sponsorship revenues offset the co~ of this budgeted expenditure. Growth Management: None Recommendation: Staff recommends the Board of County Commissioners enter into an ~ with Collier Spor~s Officials Association, Inc. ' , James R. Thomas, Athletics Supen'isor Department of Parks and Recreation Reviewed and~ Approved by: . of Parks and sey, Director ecreatJonDepartment Reviewed and Approved b,v:~ Thom'a~ W. Olli~'~-, )k'~n~ Division of Public Services .Date: .Date:. I 2 s / AGREEMENT FOR OFFICIATING SERVICES TI'tis Agreement entered into this 13~ day of September 1997, by and between the Board of County Commissioners of Collier ~ounty, Florida, hereinafter ref~eq.A, ed to as the "Counq,.' and the Collier Sports Officials Association, Inc. of Napl'es, Florida, hereinafter referred to as "CSOA'. The parties hereto agree as follows: SECTION I - CSOA will furnish game officials for all adult softball games in the Naples area and at adult softball games on Marco Island. SECTION II - The County shall pa.,,' CSOA for fumisking officials the following rates payable as provided herein: A. Adult softball in the Naples area: $14.00 per game per official Two officials per game B. Adult softball on Marco Island: Two officials per game The rates include extra innings, games. Sl 5.00 per game per official SECTION III: CSOA shall provide: A. Officials for all games, minimum of two (2) officials per game. B. A pre-season list of registered officials for consideration by the Count). shall be furnished to the County before each season or league. The officials must be registered in the local, state, or national organization specific to their sport. C. The County shall have the author/tv to review the conduct and effectiveness of officials. The Count3.. reserves t~e right to require CSOA to replace an)' official who is deficient in meeting standards established by the Amateur Softball Association and the Count).. ' SECTION IV - In the event of postponement or cancellation of a scheduled contest herein, the Count)' shall bear no cost if the game officials(s) or a Board Member of CSOA is notified one hour prior to game time. Ao If the game official(s) are not notified of postponement or cancellation prior to arrival at '.he field for a scheduled contest, the official(s) will be compensated for one game even though no game is played. In the event a contest wkich is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County's or CSOA's AU$ 2 $ control, official(s) will be paid for games completed and an.,,' games progress at the time of cancellation. SECTION V - The Agreement shall be in effect from September 13, 1997 through September 12, 1998. Amendments to this Contract shall be in writing and signed by both parties. The County may at its sole discretion ex~end this Agreement under all of the terms and conditions contained in this Agreement for up to one additional year following expiration of the initial term. SECTION VI - Payment of officials will be made in accordance with Collier Counv:' Purchasing Department and Finance Department procedures. CSOA shall render to the Counv:' a biweekly statement showing the number of games worked by i~ official(s). The statement shall contain a certification by an officer of CSOA that he/she has reviewed the statement and that the information contained therein is true and correct. This statement shall be mailed to: Collier Count~' Parks and Recreation Department Attention: Athletic Supen'isor 3300 Santa Barbara Boulevard Naples, Florida 34116 SECTION VII - It is expressly understood that CSOA officials are independent contractors and therefore are not entitled to benefits normally, afforded employees of the Count,,'. This provision shall not apply to an3' Count.',' employee who acts as an official. SECTION VIII - CSOA must include as part of this Agreement, a Certificate of Insurance vefif?'ing a mirfimum of $500.000 Liabilit3' Insurance coveting their acts. omissions or negligence hereunder. Should this insurance coverage expire within the terms of their contract. CSOA must provide proof of $500,000 Liabili~' Insurance 24 hours prior to the expiration date of the previous policy. The failure of CSOA to provide said documentation to the satisfaction of the Count3.' shall automatically terminate this Agreement. SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor as to the time and location of organizational meetings one week prior to the respective meeting date. SECTION X - Ail notices from the Count2,.' to CSOA shall be deemed dui)' sep,'ed if mailed by registered or certified mail to CSOA at the following address: Collier Sports Officials Association Pos~ Office Box 8331 Naples, Florida 34101 All notices fi.om CSOA to the County shall be deemed duly served if mailed by registered: or certified mail to the County to: . Collier County Parks and Recreation Depaii~e, aL_ Attention: Athletic Supervisor 3300 Santa Barbara Boulevard Naples, Florida 34116 CSOA and the County may change the above mailing addresses at any time upon giving: the other parry written notification. SECTION XI - If CSOA fails to comply v,-ith any of the terms and conditions hereof and such default is not cured w/thin five (5) days after grinen notice is given to CSOA, the County may terminate t. Ns Agreement. SECT/ON XII - The CSOA will not use. nor suffer or permit an}. person to use in an.',' manner whatsoever, Count>.. facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any /:ederal. state, county, or mun/cipal ordinance; rule. order, or regulation; or of any governmental rule or regulation not in effect or hereafter enacted or adopted. In the event of such violation bv CSOA. or if the County or its authorized representative shall deem any con objectmnable or ~mproper, the Counn. cu.,,, u ..... : . duct on the part of CSOA to be ..... ,, .,a~e me ngnt to suspend th/s Agreement ~aith CSOA should CSOA fail to correct an.,,, such violation, conduct, or practice to the satisfaction of the Count~' whhin 24 hours after receiving notice of such violation. conduct, or practice, such' suspension to continue until the violation is cured. CSOA further agrees not to continue Performance under this Agreement occurring the suspension period until the violation has been corrected to the satisfaction of the Count),. SECTION XIII - CSOA agrees that there shall be no discrimination as to race.. gender, color, creed, or natural origin. SECTION XIV - Nothing herein contained shall be created or be construed as creating a partnership between the Count), and the CSOA or to constitute CSOA as an agent ofthe County. CSOA is an independent contractor. SECT/ON XV - Certificate(s) of Insurance. All CSOA officials belong to the ASA (Amateur Softball Association) and are thereby covered by the amount of insurance required in Section VIII. SECT/ON XVI. Th. is Agreement is subject to an annual appropriation for same. contained in the County's budget. IN WITNESS WHEREOF, CSOA, and the County, have each respectively, by an. authorized person or agent, hereunder set their hands and seals on the date and year first. above writ'ten. Attest: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONE.R COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Timothy L. Hancock, Chairman Date: WITNESS Approved as to form and legal sufficiency: I. Thomas C. Palmer Assistant County. Attorney COLLIER SPORT OFFICIALS ASSOCIATION, INC. By: ~~.~' .,/ ~ S].~.~gnat~r~{/~_. --r,../- ' ~/z~~ [/ Typed Signature and Title EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT AND WORK ORDER FOR THE FINAL PORTIONS OF CONSTRUCTION OF THE VETERANS COMMUNITY PARK ROLLER HOCKEY RINK OBJECTIVE: To complete the roller hockey project with the installation of dasher boards and lights. CONSIDERATIONS: The board had previously approved the con.s~cfion of a miler hockey rink projecl a~ the Veterans Communhy Park on L'nmokalee Road. The project was originally czmtemplated to have the dasher boards purchased and installed by the Park's staff, and to install lights fl'u'ough next year's budget. In both cases it has been determined to be more cost effective to have the current contractor on site perform both improvements while already mobilized a~ the project. Funds are already available in this year's budget and within the project for the dasher boards. When th~ portion of the project was competitively bid, the current contractor submitted the io,,~e~ bid resulting in only a need to execu:e a new work order and move the already-budgeted funds to accomplish this work. While lighting was to be done next year, the funding source would be the same, and funds are available fi.om the two funding sources to be able to accomplish the work, again while the con~r is alre~ly on the job. The addition of lights during non-d~ligh~ savings time, which will ~ flxis fall, will nearly double ~he available time fl~t the facility can be used, rnaking wall ~ the immediate invesunent. FISCAL IMPACT: The cos~ of the dasher boards is $50,629 and the lighting cos'~ is $45,634 for a total of $105,889 required to complete the project. As indicated, the cos~ of the dasher boards is alre~z~y available within the budgeted project, and only the additional cos~ of the lights will be need to be added ~o the project. Funds will need to be transferred fi.om wiflfin the Naples ~zt Urban Park Impact F~ fund in the arnotmt of $53,902. Authorization of this budget ~'r~ndrnen! in this amount is being requested from Naples/Urban impact Fee Fund (368) Reserves. GROWTII MANAGEMENT IMPACT: The fi~ll vaJue of this improvement will be counted tov,~d fl~e r~luired recreafio~ facilities inventory and serves to meet the established level of' service s'tandard for the Recreations and Open Space Element. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the anached budget amendment and work order #SC-29 to allow for the purchase and installation of dasher boards and lights for the Veteran's' Community Park Roller Hockey project. AU$ 2 Ii Pg~_, ] , Work Orci~ is for geoen. I ~ servi~ subject to the :c:ms ~ coaditio~ ~ t.~ Coau ~:~ refereac~ above, for Work known 2: Construct Dasher boa:ds and I~gt~nE ~t Veterans Cornn'~m/ty Park. The work is s~ in the proposal da:ed 6/20/97 from Surety Const. Co. which is attached hereto and nu:le apart of,14, Work Orcter. In accorciance with Terms and Cond~ons of the Agreement referenced above, Work Order # $C-29 is a~g~ed to Surety Const. Co. Sco_~e: Contractor to mpply l~bor md rmterLtJ to: · Provide electric,~l engineering fees for electric~ to six(6) new light poles. J Provide tempor'~'y toilets and dumps~er. · Perform site restoration ~md cleanup. · Obt,~n budlding petit (£ee by Owner). · Provide Bond - £ee to be included. Schcdvle of Work: Complete ~thin 30 Cal. Days from fete/pt of Pcrr~t. L/qu/dated Damages: None Compensation: In ~ccord~nce with Item 3 of'the Agreement, the Coumy will compen~te the F'~rm in accordance with the negotiated lump sum ~nount provid~,~i in the schedule below. Task I D~sher Boards $~ /~"o~ G~P, Task LI LishtLng ~,643.00 TOTAL FE~ $ 96,263 Any ch~ge made subsequent to final dep~r'tment approv~l ,,,311 be considered ~ addkional service ~nd ch~ged according to ~.u executed Chang,- Order m enum~ated in Exhibit D of the Agreement. Dlte ATTEST: Dwight E. Broclq Clerk BOA];~ OF COUNTY CONO,'IISSIONEKS Collier County, Florida By: Deputy Clerk By: Timothy L. H,xncock, Chairman Date Work O~der $C-29 Cont ATTf~ST: (Corporate Secretary) By: Typed N~ne ~nd Tkle ~ure~ Construct. ion Comp~rrv /Con~'~ctor .__ By:~ Si~rmure . (or) wimesses (2) · Signature (J O'rm, N~me) ,,t,~, ~ ~1:,.. ,.~ ,1,r ~ ~ .. '~,. '- ~ m~O~ ~ ~ ~ ..~mo · - 0 ~ 0 0 ~ ,,.~ ....................... ~-- ~ ~ ' =1 ~=o~, ' 0 ~0~ ~ -. ~0 · . ~ AUG 2 6 ~7 Pg. BUDGET AMENDMENT REQUEST BArn BAR~ . A.PH D~U¢ ................. FUND TITLE Naples & Urban Collier Community FUND NO. 368 Park Impact Fee Date prepared: 7/22:97 Attach Executive Surmmary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL fReserves Cost Center Title 919010 Expenditure ] Expenditure Increase Current Revised Object Code[ Title (Decrease) Budget Budget 993000 t Reserve for (S53,902) $1,737,293 $1,683,391 Capital Outlay TOTAL (S53,902) IPr°jects t Cost Center No. [Basketball [Project No. ICost Center Title t [Project Title iE , xpenditure I Object Code 7631 O0 IExpenditure lTitle /Improvements- [General ilncrease (Decrease) $53'902 I TOTAL $53,902 Current Budget $184,336 Revised Budget S238,238 REVENUE BUDGET DETAIL Revenue Revenue Title Increase Current Revised , Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed to supply and install sport lighting at the North Naples roller hockey faciliD'. Where are funds available? Funds are available under the Reser~'e for Capital Outlay ha Fund 368. REVIEW PROCESS Cost Center Director: Division Administrator:. Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE 7-~r -V,~ AU6 2 6 e97 lpg, EXECUTIVE SUMMA _1:~ TO AWARD BID #97-2702 FOR FURNISHING AND DELIVERING HERBICIDES, PESTICIDES AND FUNGICIDES ~ To award Annual Bid ~:J7-2702 for furnishing and delivering herbicides, pesticides and fungicides. CONSlDERATIONR: On June 2, 1997, invitations to bid were posted and distributed to 52 vendor~. On June 25, 1997, bids were received and opened from eight (8) vendors. Bids were requested for vadous types of chemicals and chemical spray additives for the Stormwater Management Department, Parks and Recreation Department and Pelican Bay Services Division. Proposals have been evaluated by the above-referenced Departments and staff is recommending that award of this bid be made to the following vendors on an item-by-item basis. Low bidder meets all legal and purchasing requirements. Yen~fgr Future Horizons Helena Chemical Le$co ChsmicaJ Aquashade; Copper (Cutrine); Copper;, K-Tea. AquathoI-K(5G); Anti-Foam(Foambuster); Arsenal; Atrazine; Colorant; Copper Sulfate; Copper (K-Tea); Diazinon 500 (2.5G); Dursban 2E; Daconil; Dursban 2E (1G); Diquat/Reward; Foam Agent (Foamer); MSMA; Pramitol 25E; Rodeo(2.5G); Roundup (2,5G); Sencore DF; Sonar SRP; Velpar; Velpar L; 2,4D Liquid; 2,4-D Amine. AJiette (5~); Basagran T/O; Orthene TTO (1#, 10W); Sud'actant. Scotts Company Diazinon 5% Terra Asgrow AquathoI-K (30G); Amdro (1#, 25~); Buffer; Chipco; Copper (k-Tea); Diazinon 500; Lesco Three Way; Malathion; Pagent DF (5~); Surfactant (Activate); Sonar SRP (40~); Surflan; Surflan A.S.; Weeder 64; 2,4-D Ester. TimbeHand Trlax United Horticulture Adjuvant; Garlon 3A; Gar/on 4; Herbicide Diuron; Pathfinder II; Round up (30G). Ddft Control (Accuracy); Rodeo (30G); Sonar SRP; Auslox; Dursban 2E (2.5G); Karmex; Mole Cricket Bait 1%; Mole Cricket Bait .5%; Nu-Film 17; Reward I I AU6 2 6 1997 I "g / FISCAL IMPACT: It is estimated that approximately $410,000 will be expended during FY 97/98 under this contract. Funds are appropriated in the operating budgets of the using ~gencies. GROWTH MANAGEI~IENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioner~ award Annual Bid ~97-2702 for Purchase and Delivery of Her'oicidesA~)esticides/Fungicides as shown herein. PREPARED BY: REVIEWED BY: REVIEWED BY: Gwen Butler, Senior Buyer Stephe~ Y. Camell, Purchasing Director '-~ ~.,,L." Leo Ochs Jr., Suppor~"Services Administrator DATE: DATE: DATE: ¢.jo J'°'/ I ~' /~(?( I AU6 2 6 AUG 2 ZBBi, El ~ gAV I! Il' AUG 2 I; 1997 AUG 2 I; 1997' ! AU$2S1997 ~f '~d AU 2 6 19~7 ................ ~ IIIII III ............ ........ IIII I IIIII I AU~ 2; ~97 /. ~ ~ 9NV APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN SMART PPN, INC. AND COLLIER COUNTY FOR POST-DISASTER ASSISTANCE .OBJECTIVE_: To approve the attached Memorandum of Understanding between SMART PPN, Inc. and Collier County to provide mutual assistance to Collier County residents following disaster. CON, SIDERATION:__ Approximately 15% of the damages resulting fi.om Hurricane Andrew were from water damage to residences occurring 7-10 days after Andrew's passage. Most of the damages could have been prevented ifa system were in place to prevent further losses. To help prevent farther damage, SMART PPN, Inc. was established in 1995 to identify and provide solutions to this problem. SMART PPN, Inc. has the full support of the Flor/da Departments of Community Affairs and Insurance as well as the Federal Emergency Management Agency and the Institute for Insurance Property Loss Reduction. The SMART concept is moving into Lee and Collier Counties through Storm Smart Building Systems in Fort Myers. The concept is simple and involves no cost to local government or the consumer. Licensed building contractor teams have been identified in Collier County to make these temporary, emergency repairs. Licensed contractors can be brought in from other participating counties to assist the local teams. The State D/vision of Emergency Management, with the support of FEMA, will deliver a sufficient amount of plastic sheeting (Visqueen) to a site determined by Collier County within 24 hours of the storm's passage. Within 24 hours after a damaging tornado or hurricane affects Collier County, pre-identified subcontractors will assemble at pre-determined areas within the community and begin covering salvageable homes with this plastic sheeting. ~ costs will be borne by t~e insurance ca~er~ the homeowner need only to sign that the work hns been accomplished. The attached ~emorandum of Understanding outline~ the respons~ilities of Collier County and S~RT ??~, L~¢. to reduc~ the additional costs from disasters. ~ISCAL IMPACT: None. (;ROWTH MANAGEMENT IMPACT: None. RECOMN!.£NDATIO~: That the Board of County Commissioners approve the attached Memorandum of Understanding between Collier County and SMART PPN, Inc. Ken Pineau, Emergency Management Director Ed Perico, Building Review & Permitting Director left Walker, Risk Management Director REVIEWED BY: .'~: (_. ~_._ ' ) -) Date: > --. 7 Leo Ochs, Jr., Support Services Administrator APPROVED BY: Date: Robert F. Fernandez, County Administrator MEMORANDUM OF UNDERSTANDIN~ Tiffs MEMORANDUM OF UNDERSTANDING (MOLt) is entered into this ~ day of , 1997, by and between SM. atilT PPN, Inc. (Strategic Metropolitan Assistance anti Recovery Teams, hereinafter referred to as "SMART"), located at 6240 Metro Plantation Road, Fort Myers, Florida 33912 and the Collier County Office of Emergency Management, Collier County, Florida (hereinafter referred to as OEM), located at 3301 East Tamiami Trail, Naples, Florida 34112. WH2E~AS, OEM desires that temporary dry out repairs be made available to the insured se. lvageable residential structures with hurricane and/or tornado damage to roofs and other openings, and WHEREAS, SMART has entered into a MOU with the State of Florida (State) to deploy S~,'L~J'Cr Network contractors to provide temporary dry out repairs to insured and uninsured salvageable residential structures with hurricane damage to roof and other openings, and WHEILEAS, OEM can provide activation information to SMART Network Contractors through the Electronic Media for timely activation, and WHEREAS, OEM can coordinate with the appropriate Law Enforcement Agencies in order to facilitate access into areas of hurricane and/or tornado damage by SMART Network Contractors. and W3-tEREAS, OEM can assist SMART in identifying and obtaining access to properties to be used as Staging Areas for the purpose of storing materials and managing SMART Operations. NOW, THEREFORE, in consideration of the premises and covenants contained in the MOU between SMART and THE STATE and the mutual covenants and agreements herein contained and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, SMART and OEM agree as follows: I. The SMART Network of contractors shall be comprised ofonly licensed and insured General and Roofing Contractors, (the Network Contractors). 2. SMART will, from time to time, provide OEM with a list of all qualified SMART Network Contractors on a regular recurring basis. AUG 2 3. SMART shall activate its Network Contractors upon issuance ora Hurdcane Watch for Collier County by the National Hurricane Center. 4. SMART shall begin deployment of the Network Contractors within 24 hours after cessation of hurricane force winds, during daylight hours, typically 24 hours after landfall. SMART shall assign a liaison to the Collier County Emergency Operations Center (EOC) to provide communications and information between OEM and SMART. 6. SMART shall honor and adhere to all conditions and responsibilities contained in the MOU between SMART and STATE, a copy of which is included with this document (as Exhibit A). 7. OEM shall develop a dedicated facsimile number listing ofall SMART Network Contractors and update on a regular basis and only upon information supplied by SMART. 8. OEM shall provide activation, check in and assembly information to SMART Network Contractors through the electronic Media prior to a hurricane making landfall or affecting Collier County. This information will be in the form of a press release developed by SMART, if possible, or will be included with other Emergency Public Information Announcements. 9. OEM shall notify the appropriate Law Enforcement Agencies that SMART Network Contractors who possess SMART identification can be considered by them as authorized Emergency Workers and be allowed access into areas where property damage has occurred from a hurricane strike, tornado or associated events. 10. OEM shall assist SMART in identi$,ing and obtaining access to properties to be used as Staging Areas for the purpose of storing materials and managing SMART operations. 11. OEM shall provide for the SMART Liaison member(s) access to the Collier County EOC in order to coordinate Communication and Information between OEM and SMART. 2 AUG 2 6 1997 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the ~ day of ,1997 For the County BOARD OF COUNTY COMMISSIONERS COLL'I]ER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman For SMART PPN, Inc. By: Patrick L. Comelison Southwest Florida Coordinator ATTEST: DWIGHT E. BROCK, CLERK By: (Deputy Clerk) Type Name Approved as to Form and Legal Sufficiency Aug-04-97 07:55A storm sma~-'c ~t~G-t~7 ~3:4G ~ ~;i:e- Cc. Iq.. STATE OF FLORIDA DEPARTMENT OF COMJ~UNITY AFFAIRS ELT/dp~ Ar. Lc~c~j · ?ALI.&IqiSIii, PLORID~ 1~.~.q)~o2190 Aufi-04-97 07: 55,o, s't. oT"m sm, ar"(;. lVI~MO~ OF la,adLltT lq'N, INC. (STIL~'IZGIC Ivll'l'RO~~ ASSISTAlqCZ STAT~ OY FLORIDA D[%;IS/ON OF L.MI;R~ MAlq'AGI:iMZENT I. FUR.I~5'Z: This M~m',orm'xium ofU~m'~miiz~ O'dmizml~ "MOll") is ir~en,'led to re~rae, po~-NuTicame, dry ~ ~ ~h is d~ to ~e s~s~ ~i~l~ one fl) ~,,~' £'om %h~ due of~ ~xt,-'utiort. This MOU my be rm,~wed in one year L,w. ramem$ R~acwi: s~u~l be in d:e form of& wri~g, si~ca by both pm'~e~ e,a4enci~ ~ ir~at 1o r~t,w V. N~TW'ORK DESCRIF~0N ~ ~.lve the ~ ~t~ for t~po~ ~ out ~q ~r H~ W~ ~ ~ Nago~ ~~ ~, for ~ The SMART Nrt~rk con:ract~ ~ be composed Gene~l .~d ~ooEng Corcr~ctor~. SMART ~I pm-faa ~ AUG 2 Aug-04-97 07:55A stom smart 94[2787950 P.Oa, D. Na~ork cc<rtr~t~-~ ~h~l pad',om the t4=~orary dr}, o~ repairs ~ State ~)ro~i({eg ~c>ck~ .'z~'~-'4a.ls wNch fi-r~<~a r~'d'orcecl ~l~ic ~,.-~"'J~ ~ v, Lnd stripping Cr~v~ ,h~ ~ur~y ttt~ch thc pluti¢ ~he~n~ ore.- roo~a ~nd oth~ opa:'~n~ to lin~ E. Nec~*ork c.x~;~,s $h311 o~' '.he t~'nporzO' ~ cut ~ to in t~ TfizZe ~ P~P~3 ~u~d sh~ ~ d~ ~ ~ homes ~i~h cz~ w~ch h~vc ~ ~ ~t ~h ~T ~o pro~d~ ~eir ~ed ~h :cmpor~ d~ o~ r~ WI. S.V~.ART I~ES?ONSEBII~5: the i:su~.'~ of· I-h:rric~ne WarnL-~ by ,.he N~o~I Hun4cane Ce:ncr, concern/rig ~ hurri:~n~ w.h/ch is ;x'cdic~ to ~rcct l~d ~nd cau-.zl ~re~ w~th~,~ wt'~ch SI~IA.RT b~ ~ zc~ve Nc:-.~ork. SM.A~T sh~l[: A A~sign ~t U~J~on ~o l:rovid, o~-$oin~ com.~mlc~doa ~d in~rmatio= on SMA.KT Ne'm.~rk ccntr~ct~ acti'~don, ~d d~JcTmcm cpcrai=n~ ar, d ·cdviti~. to the State E.rnzr~,ncT. Op~."~o~ Cem~r ('EOC) ~n~l a.~ign a ~econd l~n to the Court%' EOC der~-,~d by ~e St~¢, usury in · courxy wh~-e SMAI~T h,~ La active N~:work. C'rou~ Ol:~¢a~, in coordinzfio~ ~nd cooper&tton wftb thc ~ppli¢~ble cou,-z:.y C Idemify. secure and rear. ge the loca~on of'the Dry. Out Service Pryrncnt Proc~r~.g Ccr, cz~. where SM.~.RT shall l:~'ooe~s for I:~yment zr~, dry out :nvc~ces fr~m .o. 2 6 !997 Aug-0,4-g7 07: 57A StOrm sm,lr'c g4~27BT950 Po05 the DE~ GIS ~n ~ T~'~rid¢ & ~ of E. Issue S~T New~ork I~ M ~ l'~er~'k corfr~csor~ and Nel'w~rk commm',d m~d ~. ~rovi~e da~ ~ora (mor~ of~ i~mt~med) to ~e Sm, ~t Couary EOCs, r¢~m'di~ th~ pro~ of oS~mlo~, ~ im~l~r~ ~..~ State or local yr~r therea/ter flari=g ~ ti'ds ~0LT remains in effect, SMART ahall lm~vid¢ I30 Ccrl~ca:es of Corette to ~ St~te for ~ comn~or =u~loyed 1W SMART, u · ccr4hion cd'~he State provki~r4 ra~'ix~ ~;~[ics ind other services under ~his a~'e~rnen:. VII. STA~F~ ~F. SI~ONS'I~IIJTIZS TM State shall. m~t:ri~s suppl:,ed ~ ikis purpose by ~e Fede,"tl Em~--~e~cy Ma.t"~gtmem A~r;cy (FEMA). to be used by the SMAXT Network for t .,F:porary dry ~ r~irs. B. Authorize, ~ no c0rt to SMART, · ~,,ien usis~ment lc thn ~v:J Ai~ Palrol for a,er~l &$s~srnmt ofiml~.,ed ~reas ~ al;r*~ upon by the Ch~ Ak P~'ol ~ SMART. cl:¢rafion~ a:=a using appropriate D. Provide., mbjeca to production of necessary lic=n, se~ ~d ~n acr. ordaz~ wi'& ~iI ticer.~ea, hw, and ~lhofizi~ ._cc-;: t~ I1EaM GIS d~ta to suppor~ 1.~ SMART dep'.oym--:u and grid m~agt, mez:t Any. ~cce~ i~ ~ub~ect to ccordir~on ~d contrcl DEM E. Keques~ ~r.d mol:ili~ tcmpomy ~ ~'a: ms~'ials a~ilabl~ through TZMA · Tplicafion by ~T Network ¢0~0rL F. Coordinate, subject to provision of all reque~ecl ir, fbrm~;¢r., ~ intesjation oft.he 5MAICT Network concur of aperaz/ons/z~ ~e St~zc ot'Flo~da Co,rni:~hens/v~ Emer~cy Mtr~gemera Pl~.n (CEI~). AUG261gg7 [ ~e ~c'dv~des of Network co~wactor$. ?I{OVISZON$ no obli~fi~ for ~,y MOL'. ~o~8 ~ ~ MOU is ~t~ ~o o~e u m w~','~r o~ Sta~. of ~loddt p~ffo~ pu~su~ to t~ MOU NOTICE A.,'~'D Thc St~t~ 4e~i,gnatcs }'os~h M. MyerS, Dizectot, Di',4sion desi~ ~ ~c State's ~ntt~ ~int for t~s MOU. to ~s MOW $~ll be ~ to ~ ~ ~he fo~o~4ng ?,~-.~ £. 1,)r:a al'a.ll be $~./OC-."s t.~s MOU sh~ be directed ~o $1v',.M~.T ?PN, Kc 910,0 Cco.1 Way Mien'd, Florid~ 33165 Telephone 305.S51-5060 Fax 305-551.6114 AUG 2 6 1997 r,l~p_CG_l, gcj'7 CG:-~9 FEi::]" C3:l~e~' ~.~. FL. T~ 94~2787950 SMART PPI,I, INC.: B)" Ntm.~ trzl Ti'Jo: By ~, U r., ? 6 1997 ,/ March 1, 1997 Pi Comelison 238 RKIlin Street North Ft. Myers, FL 33903 Dear Pat, It is my pleasure to welcome y=u to the SI~RT System as our Southwest Network Area Coordinator. By t~a ~ter wu ara encouraj;led and authorized to recruit the following. · General and Roofing Co~ract, o{'s for partic=pation in our Southwest Damage Mitigation Net'worK ancl it~ d,.sa~ter :,response role w~thin the Stale of Flori01 C.~mpranensive Eme~ency Managemer~t Plan (FCEMP). · Relat~ ~mpanie~ to De pa~ ~ a P~e~ed Pr~der Li~ ~ ~ a~ pr~u~ ,~ich may ~ nm~ed ~i~ lo, dudng, ~ a~er a disaster, by ~e rosining: ~- any ~ ~e ~c~pat,ng ~s~on ~mpanies ~ t~ Ne~. 2- disaster vl~ims a~ ~~rs of any afl,,ed or N~rk-~i~ homes 3- pa~ti~ insur~ce ~mp~t ~or t~r represen~tives. 4- to~l, state, ~ fe~l emergency managem~ offi~als a~ ~ers 5- e~rgen~ su~on no~fi~ organiza;ions ~ch are ~a~ ~ the FCEMP. 6- ve~o:s of suppi;es eno silicas needed '~,3 the Ne~o~'s The pnmary tier of recruitment will g~ve us gereral and roofing contractors needed accom=lish the post disaster ary outs - our prime mission uncler t~e ~a:e plan. T,~i. secondary tier of recruitment is intenclecl to ;:)rovide, tho~e I:s[ecl above, wit~ a list of Fro- selected compames to accomplisr~ the disasler resaonse tasks which may be requ;re~ I;;~.~e, ~ ~t. tODg, or after a disaster Please note that all companies recruited Can access the benefl;s wh~c.h are part of ~ system such aa the Sunsnir'e P~an and! the SMART Cellular Plan. The Agreerner~ c~etaiJing your key role in this post-disaster initiative is enclose'~ fDr our signature ~ shoul= ~41rve to our mutual protecli.~n. :. President & CEO MU/dy Enclosure cc: Ken Pirmau, Collier County OEM Jo~n Wil~n, Lee County OEM SMART ;=PN. Inc. 9100 Cch'al W,lv. Sure ~0 · M~am'. FI~ 3316¢- · f.~.05~ 55~-5060 ' FAX 551-6114 DATE RECEIVED: DO NOT WRI 1 ~ ABOVE Tlql$ SPACE (Ori~ 9/~; l~v. ~/97) REQUEST FOR LEGAL SERVICES (Please lype or print) 7/22/97 To:Office of the County Attorney, Attn: TOM PALMER ~ ?z~Au , DrR~L'TOR 0qa me) (Title) Date: From: .~UPPORT SERVI(~E$ Divilion ~.MERGENCY MANAGEMENT Deparlm,ent Telephone # C'v'e~' Important): 774-8444 Re: REVIEW^L OF MEMQRANDUM OF UNDERSTANDING (Subject) :ACKGROUND OF REQUEST/~ROBLEM: (Describe problem and give background Information - be sveciflq tontine. and ,articulate.) 7 (Are there documents or other information needed to review this matter? Ityes, attach and ~t~nc~ ~is item been pre~ously ~bmlned. ~ Yes ~ No ~f previously submitted p~vide Coun~ Atto~ey's O~ce File N~ ) A~ON ~QUES~D: ' ~e ve~ specifl~ Identi~v exactly wha~ you need in the way of I~al se~ices.) O~ER COMMENTS: : ]cffWalker.~skManagementDirectnr. LeoOchs. Jr.,Suppo, Sen.icesAdministrati, ~ requests must be copied to your app~pHate Division Head or Constltut/ona~m..~ I ~ AUG26 1997 EXECUTIVE SUMMARY RECOMMENDATION TO CANCEL CURRENT TAXES UPON LAND ACQUIRED FOR PUBLIC USE. ~ That the Board of County Commissioners cancel the current taxes o~ property located in Section 16, Township 52 South, Range 26 East, Collier County, Florida. .~_~_N_.~J.D~: According to Section 196.28 and 196.29, Florida Statutes, the Board of County Commissioners of each County of the State of Florida is given full power and authority to c,'~ncel and discharge liens for taxes, delinquent or current, upon land held or owned by said County for public use. The Board of County Commissioners of Collier County, Florida approved Resolution 93-499 on November 2, 1993, establishing a policy to cancel current taxes upon land acquired by Collier County or the Collier County Water-Sewer District w~,,en there is no monetary conlpensation and the property is for public use. Pursuant to Section 196.28 and 196.29, Florida Statutes, the attached Resolution provides for the cancellation of property taxes on the property which is located in Section 16, Township 52 South, Range 26 East, Collier County, Florida. Collier County will be utilizing the property as park and recreational lands. A portion of two (2) tracts for park and recreational lands was conveyed to the Board of County Commissioners by Quitclaim Deeds and recorded in Official Records Book 2334, Page 1825, and Official Records Book 2334, Page 1828. The Resolution has been reviewed and approved by the County Attorney's FISCAL IMPACT: The total amount of the current taxes being canceled for the two (2) tracts of land is $200.00 as of January 1, 1997. GROW'tH MANA(~EMENT PI.AN: None. RECOMMENDATION; The Board adopt the attached Resolution canceling the current taxes on County-owned property and authorize the proper officials to make entries in the records to accomplish such cancellation. pREPARED BY: \_ ','~. "~vC"'''~-/'~-'; ~ Yvonn~ Chambers, Real Property Specialist Real property Management Department ~anEfa I. Taylor, Dire~or Real Property Management Depart~'erlt APPROVED BY: ' ' *' [.eo E. Ochs, Jr., AdminiFtrator Support Services Division Date: , / Date:_ - /,,._. I 1 RESOLUTION t~O. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. CANCELING CURRENT TAXES UPON LAND ACQUIRED FOR PUBLIC USE. WHEREAS. a portion of two (2) tracts of lend situaled ~n Sect,on 16. Township 52 South, Range 26 East. Colher County, Fl~'ida. being more 9 particularly described as Exhib,[ 'A' atleched hereto and incorporated harem by 10 reference, and was conveyed to lhe Board of County Commissioners by two (2} I Quitclaim Deeds specrhcally f~ park and recreational lands, and 12 WHEREAS. two (2) Quit(:la~m Deeds for the park and recreational lands 3 were recorded ~n O R Book 23~3~_. Page ! 8 ,~ 5, and O R Book2 33: . Page-- ~ 14 et secl. of the Pu0hc Records of Colher County. Flor~Oa. and 15 WHEREAS. the property w~ll be utilized for the general pubhc as park anti 16 re~eational lands; and 17 WHEREAS, the Board of County Commissioners of Colher County 18 Florida. approved Resolution No 93-499 on November 2. 1993. estabhsh,ng a 19 pohcy to cancel current laxeS upon land acquired by Colher County or the COlby' 20 County Water. Sewer District under cerla~n c~rcumstances for public use. anc~ 21 WHEREAS. Sections 136 28 and 196 29. Ftorida Statutes. prowdes ~ 22 the Board of County Commiss'oners of each County of the State of Flonda · 23 g~ven full power and authority to cancel eno chscharge liens for taxes, del[nquen~ :24 or current, upon land held or owned by said County for pubhc use Dy ~ 25 governmental unit 26 NOW. THEREFORE, B,c- IT RESOLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the curr~ 28 outstanding taxes on the property located as a part of Section 16, Townsl~q3 52 29 South. Range 26 East, Colher County, Florida. being more particularly descril:)ed 30 as Ext~ib~t 'A' attached hereto and ~ncorporated here~n by reference. ~ 31 canceled as of January 1, 1997 7 8 9 10 11 12 13 14 15 16 17 18 1 2 Dated: 3 ATTEST: 4 DWIGHT E. BROCK, CLERK 5 6 By: This Rasolulion adoptac ~flar motion, second end mej~fty vote BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman Apffoved as to form end legal lu~ficiency: Heidi F. A.f,~3ton A~$istant County AU$ 2 6 1997 I / AU6 2 6~997 QuFrCLAIM DEED Thla Indenture, mede e,~ t~4 ?~ ~y o~ ~. ~, Be[ween THE DELTONA CORPORA~ON. Olllwltl corporation, a co~o,a~ ~t~ ~ f~ rows of t~ S~e of hlwl~l. I ~lc BOARD OF CO~IER COUN~ COMMISSIONERS DONATED FOR PARK b RECRF~TION~ ~NO pos~a"ce~oo'*ss~ 3300 SANTA BARBARA BOULEVI,RD. NAPLES, FL34116 WITNESSETH: T~it ~e~ fn~ ~,. t~ i~o ~ c~l~ o~ I~e lu~ ol ~N AND N~I~ TU Identification N0. 67100~2o0o7 A PORTION OF TRACT 'C', o~ MA~CO BEACH UNIT NINE. according to me Prat 1nar e~*. II recordea In Plat Book i, it Plgll it t~ough 73,of ~1 Public fllCOr~l of CoIhlr County. LESS AND EXCEPT THEREFROM thole portionl ~f Tract 'C' conveyed by Wlrrlnty Deeds recorded in Official Recordl 80ok 141~ It Plge ~366; O~cill Rlcordl 90ok 1~13 It Page County, Floridl. THE DELTONA CORPORATION, I Delawue corpora*don 30131 QUITCLAIM DEED Thll Indenture, Oellwltl corporation, i BOARD OF CG~IER COUN~ COMMI~IONERS DONATED FO~ PA~K & ~EC~TION~ ~ND -.ese ~ e.ct so~e~ ~' 3300 ~NTA ~AR~A~A BOULEVARD, NA~E~. FL 3411~ T~ IdehUflcatlen Ne. ~71001~000~ A PORTION OF TRACT recorded in Pill Book i, II Pl~e$ 6~ I~tOug~ 73. Of tBe Public Recordl Of Colher COUnty. Fleridl; LESS AND EXCEPT THEREFROM thole pertlonl ef Tract ~' conveyed by Wlrrin~ Deeos recorded In OffiCill Recoral Book 1402 Il Plgl 10~6; O~icill ReCOrdS BOot( 1402 It Page 1068; OfficfllRecoedlBook 1423alPage 1316;ind Offic~ilRecordiBook ll0litPage 2070, of the Public ReCeral of Collier Count, Florida. THE DELTONA CORPORATION. I Oelawlre corporlUon STATE OF FLORIDA COUNTY OF DADE EXECUTIVE SUMMARY APPROVAL OF ELECTRICAL ADJUSTMENTS AND REPAIRS TO THE MAJOR ELECTRICAL COMPONENTS ON THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To award a purchase order to Southeast Electric Testing, Inc. to test, adjust and repair the major electrical components on the Main Government Complex. CONSIDERATIONS: For the past sixty days the Main Goverrgnent Complex has been experiencing power interruptions. These interruptions cause major electrical breaken to trip, eliminating power to all buildings on the Complex with the exception of the Jail Facility. Failure of these breakers to perform properly remits in unclean power to major electrical and mechnical equipment. (The three chillers that provide chilled water to the air conditioning system are valued at :5400,000 each and can not tolerate unclean power much like most of the equipment throughout the Complex). The main circuit breakers have sensitivity levels set at the factory. These sensitivity levels may be adjusted very carfully to tolerate some minor power flaws without tripping. The Complex is served by three major power distribution stations. Because of the size of the Complex, FPL brings power into a main vault located in the center ofthe Complex then sends it into the County's Main Electrical Vault. From there, the power is sent to two different substations where it is then distributed to the different buildings. The Main Electrical Vault and both substations have major breakers and transfer switches. This equipment needs to be tested by a Florida Registered Electrical Engineer who specializes in this type of service. These tests will provide the correct settings for the circuit breakers along with actually resetting the sensitivity levels. Additionally, two of the electrical transfer switches that send power from the supply side to the generators need upgrading. When these transfer switches fail, the generators kick on but do supply power to the buildings. These improvements will be in concert with FPL's commitment to look at any items that they control that might be impacting the power supplied to the Complex. Monitors are being applied to FPL's side to ensure that their power is clean. Staff is recommending that a purchase order be issued to Southeast Electrical Testing. Inc. for this service. This is the only contractor certified to perform this ,service in South Florida. it is critical that this service be performed and equipment be adjusted and repaired immediately The power outages that have been occurring disrupt service to both administrative and judicial operations. The equipment is twelve years old. The duration of the project is approximately three weeks. AU6 2 6 lffi7 [: Executive Summary Electrical Repairs Pale Two FISCAL I]VLPACT: The cos~ of t~S Capit~ ~ (te~ ~, ~ arid upgrades) is S25,794 and would be transfe~ed u follows: Capital Fund Reaerve for _~ge~.~e~ ~o~-9~1_o-99~099.. to 30~4 204.3s, ~oiect azo~J~ ~ Upgsd~). rant ~ t-tm, the C,~neral gaxl (001). GROWTtl MANAGEMENT IMPACT: Nom. RECOMMENDATION: That the Board of County Commis~ra~ wa~ the competifi~ bid process, authorize staff to secure the ua'vices of ~zgh~ast Electrical Testing,, Inc. to test, adjust and repair the rr~jor electrical c~ on the ~ Govermnent Comple~ and approve the necessary budget amendments. PREPARED BY: REVIEWED BY: REVIEWED BY: ~~ DATE: Skip Camp, CFM, Director The Department Of Facilities Management StepB~n Car~e/i, Dir~or Purchasing Departmeut DATE: Leo E. Ochs, Jr.,Ad~rator Support Services Division DATE: EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARI) BID #97-2706 FOR PURCHASE AND DELIVERY OF PINE STRAW MULCH OBJEC'FIV'~: To obtain award of bid #97-2706 in the amount of $44,100.00 to Kick's Trucking for purchase and delivery of pine straw mulch used for landscaping improveme~s within Pelican Bay. CONSIDERATION: On June 10, 1997 eight (8) inquiries were sent, one (1) bict was r~-c, tived. Staff' has reviewed Rick's Trucking's Proposal and finds the pricing to I~ coml~itiv~ with past proposals and therefore recommends the bid be awarded to Rick's Trucking. FIS(~AL IMPA('~'T: The funds for this purchase are proposexl in Fiscal Year 1998 Budget ia Fund 109, Con Center 182901-646314-0 in the recommended av,,ard amount of $44, I00. GROWTH M.ANAOEMENT ~'[DACT: None RECOMMENDATION: amount of $44,100 to Rick's Trucking for purchase landscaping improvements '~th~n Pelican Bay. PREPARED BY: '.' , .% ~ / James P. Ward, .- Division Administrator Tha! the Board of County Commissioners award Bid #97-2706 in the and delivery of' pine str~w mulch f~ DATE: REVIEWED BY: _.~.. -~.', -r.- DATE: Steve Camell, Purchasing Director ~o. 'k t '' AU6 Z 6 1997 ! P~,.,,,.. _ ADMINISTRATOR oURING THE BOARD'S RECESS ~ That the Board of County Comm~_'~_e.'oners £onnally accept as approved items ~gned by the County Adrr~r~strator during the Board'a receta. CONSIDERATIONS[_ Az the Commission meeting of' August 5, 1997, the Board of County Commissioners authorized the County Administrator to approve consent and emerg~ items during the Board's recess. Li~ed below is an accounting of'the items approved: a. Approval o£the attached budge~ amendment recogn~ng revenue to the Vineyards Community Park. b. To approve expenditures relating to minor improvements to the ja~i and Clerk's traffic/fines area. c. Applove an engine overhaul and designate Turbomeca Engine Corporation as the sole source vendor. d. Award Bid #97-2723 to ~upply sodium hypoch/odte at the aquatic facilities in both Golden Gate and Irnmokalee. e. Award contract to construct South County Regional Water Treatment Plan odor control wfstem, Bid No. 97-2696. f. Approva/to award Bid #97-2693 to Evergreen Landscaping of Collier, for grounds maintenance · ~'rvi~ at the main government center. g. Acceptance of road fight, of-way, drainage and utility ea.~ment for Autoranch Road. h. Recormnendafion to approve a budg~ m'nendmem moving a/l fund 606 re~rve~ into Capita/for paving of additional roadway~ and to clos~:n,tt the fund. i. Approval ofbudget j. Budget Amendment Report. k. Rtw.,omaaendafion to award Bid No. 97-2709 "pt~very of Fertiliz~. FISCAL IMPAC~ As noted on each executiv~ AU$ 2 $ ~ P~o [ GROWTH MANAGEMENT I'M'PAC~ A~ noted on ~ executive ~u~. ]~,COMMENDATION~_ That the Board of County Conuni~oner~ accept the agenda iten~ approved by the County Administrator during the Board's feces. Approved by~ ~ Adrr~r~strator 2 AU6 2 6 ~ EXECUTIVE SUMMARY APPROVAL OF THE ATTACHED BUDGET AMENDMENT RECOGNIZING REVENUE TO THE VINEYARDS COMMUNITY PARK. Objective: That the Board of County Commissioners approve the attached budget amendment recognizing revenue to the Vineyards Community Park. Consideration: Previously PrimeCo Personal Communications entered into an agreement, Lease #g23, with Collier County to lease ground space at Vineyards Community Park to install a Communications Tower. In return, PrimeCo Personal Communications provides a one time donation to the park in the amount of $10,000 as well as an estimated 5;11,200 annually for rental of the space. Currently, the one time donation of $10,000 has been received and deposited. The attached budget amendment recognizes the $10,000 donation and appropriates it into the proper account so that the Parks and Recreation Department may utilize the funds for capital needs at the Vineyards Community Park, including aoccer goals, a mower, and a shade s£rueture FisealImpact: Funds will ~ increased in Fund and Account #001-156341-763100 by $10,000 and decreased in Fund and Account #001-156341-366900 by $10,000.00. Growth Management: None. Recommendation: That the Board of County Commissioners approve the attached budget amendment. Murc~ Smith, Recreation Manager Department of Parks and Recreation Approved by: DM~rnR~nen~eo~'~r~ecreation Date: Date: 7" ~'/~"' Reviewed and ~ _ , Approved by." t.~ t~_' L.~~"~.~.. 611itt, A tor Division of Public Services Date: AC~EHDA ITEM. ,'-. 2 6 EXECUTIVE SUMMARY TO APPROVE EXPENDITURES RELATING TO MINOR IMl~i~~ TO THE JAIL AND CLERK'S TRAFFIC / FINES AREA OBJEC"ITVE: To gain approval for expenditures relating to minor ~qcn'ove~en~ to the Jail and Clerk's Traffic and Fmcs area. CONSIDERATIONS: The Sheriff's ~ h~s asked ~ the following minor improvements be made to the Sail and Clerk's Traffic Areas. Jail: Accessibility isles include retrofitting one showr, x amd one cell with a spec~ sink and toilet and thc shower with a ramp and grab bars. Additionally, three wafts in the "booking" area need to be refinished as damage has occurred due to abuse by inmates. (Cost: $8850). Courthouse: The Sheriff's Office has also requested that for security reasons, a glass divider be erected at the customer counter in the lobby of the Traffic and Fines Department. Since traffic fines have increased, there is an increased concern for the safety of these employees. (Cost: $1750). The tile floors in the restrooms serving this area have separated from the concrete slab creating a serious safety and unsanitary condition. Staff has secured a contractor and an associated repair cost of $1650. FISCAL IMPACT: These items have not been anticipated and have a total cost of $12,250. Funds are available as follows: $4100 is ava/fable in Fund 190 (Handicap Parking Fines). The balance of $8150 is available in Fund 301. The attached budget amendment would recognize additional revenue and expenses in Fund 190 and transfer funds from 301 reserves to Fund 301 - 120402-80172. GRO~'TH MANAGEMENT IMPACT: None. RECOMMENDATION: To approve unanticipated expendimrea for improvements to the Jail and Courthouse as outline within this summary and the necessary budget amendments. PREPARED BY: . ~ DATE: kip C~mp, CFM, Dir~or -- The Department Of Facilities Management REVIEWED BY: Support Service~ D~ion DATE: ,AU6 EXECUTIVE SUMMARY APPROVE AN ENGINE OVERHAUL AND DESIGNATE TURBOMECA ENGINE CORPORATION AS THE SOLE SOURCE VENDQR. QB,)ECTIVE; To appropriate $140,136 for a helicopter engine overhaul, transfer the funds from Motor Pool Capital Recovery, General Fund Transfers, and General Fund Reserves to the Helicopter Operations Cost Center in the General Fund, waive the formal bid process, and designate Turbomeca Engine Corporation as the sole source vendor. CQN$1DERATION: Th~(x.~h the budget process, the BCC has approved $35,~ annuai~ for the past four yea~s for a to~ai of $140,000, to complete the requ~ed ~. On April 1, 1937, the BCC approved an appropri~on of $19,~ to repair one or' the er',gire modules. Presently $8~6,~ is held in Motor Pool Capila~ Recovery tor the overhaul and $35,000 has b3en appropriated and sdYe(:k~ed fo~' transf~ t~ M<Xor Pool Capital Recovery in September of FY 97. Dtxi~',g the FY 98 budge{ process, and add'd~x3al $35,0(X) was approved for the pla,"-~ed en~e ~1 for a total of $156,000 available. On May 24, 1997, the hel~ter engine experienced a premature bearing failure. The engine was scheduled for a complete overhaul in January 1998 and had 331.2 flight hours remaining. After a complete teardown analysis of the engine, the estimated overhaul price is $140,136. Once the overhaul is completed, the engine will require no further scheduled maintenance for approximately 3,000 flight hours or five years. The engine manufacturer, Turbomeca Engine Corporation, is the only approved company in the U.S. to complete repairs and overhauls on Turbomeca Engines. Turbomeca Engine Corporation is, therefor the sole source vendor. FISCAL IMPACT: Funds are available in Motor Pool Capital Recovery Reserves, General Fund Transfers and General Fund Reserve for Contingencies. Currently there is $86,000 available in Motor Pool Capital Recovery Reserves designated for this purpose and $35,000 has been appropriated and scheduled for transfer to Motor Pool Capital Recovery in September of FY 97. The balance of $19,136 would be funded from General Fund Reserves. It is proposed that the $19,136 be replenished from the FY 98 appropriation for the overhaul, pending budget approval. In total~ $140,136 would be transferred to the Helicopter Operations Cost Center to cover the cost of the overhaul. GROVVTH MANAGEMENT IMPACT: None '$ 2 6 I997 RECOM'NIENDATION; That the Board of County Commissioners approve an expenditure not to exceed $140,136 to overhaul thc engine, waive the formal bid process and approve Turbomeca Engine Corporation as the sole som'ce vendor, and approve all necessary budget amendments. ared By' I~'~ --~'- ' Dale: ~'/t/S ~ ,. ~ve 6~ell, D~tor ~ch~in~Oen~l Diane B Flagg, ~e) · ~ Emergcn~ S~ices D~ent Leo ~ Jr., Su~ S~i~s Admi~or Date:_ AUG 2 6/397 EXECUTIVE SUMMARY AWARDING BID ~)7-2723 TO SUPPLY SODIUM HYPOCHI~RITE FACILITIES IN BOTH GOLDEN GATE AND IMMOKALEE. AT THE AQUATIC Objective: That the Board of County Commissioners award Bid #97-2723, a contract to supply .sodium hypochlorite at the aquatic facilities in both Golden Gate ~ Immokalee. Consideration: Bid #97-2723 was posted on July 14, 1997 with invitations to bid sent to 79 vtmdo~. Thr~e bids were received, two of those were no bid respo~. The lowest and only responsive bidder was placed by Leslie's Pool Supply. Sodium hypochloride is necessary 'to sanitize the swimming pools. Fiscal Impact: Tlxis set;ice is specifically budgeted in the "Golden Gate Aquatic Facilities" Fund and Cost Center 001-156313 and the "Recreation / M STD" Fund and Cost Center 111-156334 totaling $20,000. Growth Management: None Recommendation: Staff recommends that said bid be awarded to Leslie's Pool Supply. Prepared by: ~urdb ~mithl Recreation Manager Department of Parks and Recreation Reviewed and Approved by:~/////")/'//A Department of Paxks and'Recreation Reviewed and ~ , Approved by: ~ ~:/to r'Sieve C~amell, Dif~c Director of Purchasing Date: Date: Reviewed and . ~ Tho;r " . oniff, Division of Public Services Date: ~ ~e-q-iI ,'-. AU626 TABULATION FOR BID #9%2723 POSTING DATE: Jube 14, 1997 OPENING DATE: July 29, 1997 ............................... ~~;~;'~'; .............. i .............. : ............... v~OORN~ l'~J~ I I I ............................. T.~..~.! .............. ! .............. J ............... Proml~ Payment Terms: Addenda Acknowledged: Ne~ 30 days Net 30 d~,s Net 30 chsys Net 30 d~ys YES NO __YES .___NO YES NO YES NO "No Bids" received fi'om: General Chemic~; Miller Drilling & Writer ,.- ,~~~) AU$ ~ o EXECUTIVE SUMMARY AWARD CONTRACTr TO CONSTRUCT SOUTH COUNTY REGIONAL TREATMENT PLANT ODOR CONTROL SYSTEM, BID NO. 97-2696. WATER ~ That the Board of County Commissioner~, as Ex-Officio the Governing Board of the Collier County Water-Sewer District award a contract to ~ct the South County Regional Water Treatment Plant (SCRW'IT) Odor Control System. CONSIDERATIONS1 On April la 1997, Agenda Item No. 8(BX3), the Board directed staff to proceed with the design and construction of the SCRWTP Odor Control System so that it will be completed and ready for operation by the end of January 1998. On June 30, 1997, invitations to bid this project were sent. Thirteen setz ofbia documents were sold to interested bidders. On July 30, 1997, four bids were received as follows: BIDDER Total Basc Bid Alternate No. 1 Total Base Bid + Alternate No. 1 Water Cardinal Beach Mitchell & Stark Equipment Sales, Contractors, Inc. Construction Construction Inc. Company, Inc. Co.. Inc. $1,063,500 $ I, 125,300 $1,161,700 $1,336,000 4,300 2,200 6,000 75,000 S 1,067,800 $1,127,500 51,167,700 51,411,000 Thc total base bid includes the cost for the odor control system, site work, and electrical work. Alternate No. 1 is the maintenance bond which is an extension of the performance bond by an additional two years. The apparent lowest bidder was Water Equipment Sales (WES), Inc. Staff has reviewed their Design Package and Statements of Experience submitted with their Bid Proposal. The Bid from Water Equipment Sales, Inc. was found to be non-responsive for the reasons stu-r, anarized below: I. Design Package does not meet the design requirements, specifically allowances for plant expansion. 2. WES, Inc. does not have experience as a general contractor on projects of similar size and type. 3. The Statement of Experience submitted for the odor control manufacturer does not represent their actual experience. Staff checked references and found that the manufacturer does not meet minimum criteria for experience on odor control installations of similar size and type. Cardinal Contractors, Inc. was the second lowest bidder. Staff lms reviewed their Design Package and Statements of Experience submitted with the Bid Propo~ and found their bid to be responsive. ~rojecta involving Cardinal Contractors, Inc. has a satisfactory performance record on previous similar work for the County. Staff recommends r~jecting the lowest bid and awa. the second lowest bidder, Cardinal Contractors, Inc., for the total base bid plus the amount of $ I,I 27,500. AU$ 2 6 1997 pg._ A _ FISCAL IMPACT: Funds for construction of this project in the amount of $1,127,500.00 are ~-~available from Fund 412-273511-763100-70020 (SCRWTP Odor Control System). ~ROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award and authorize Chairman to execute an Agreement with Cardinal Contractors, Inc. in the amount of 51,127,500.00 for Bid No. 97-2696, SCRWTP Odor Control System. PREPARED BY: Mohan V. Thampi, P.E., Project Manager Office of Capital Projects Management REVIEWED BY: REVIEWED BY: Steve C~'ncli, Director Purchasing Department Public Works Division DATE: ~75 7 DATE: Q0 ['~ Iq"] DATE: DATE: cc: Mike Newman, Water Director, Public Works File No. 70020.05 AU6 2 8 1597 o o 00000 EXECUTIVE SUMMARY APPROVAL TO AWARD BID #9%2693 TO EVERGREEN LANDSCAPING OF COLLIER, FOR GROUNDS MAINTENANCE SERVICES AT THE MAIN GOVERNMENT CENTER. QBJE(TYI~E.; To have the Board award Bid # 9%2693 to Evergreen Landscaping of Collier, for grounds maintenance services at the Collier County Government Center. ¢0NSIDERATIONS: On June 30, 1997, the Purchasing Department published and distributed bid packages for grounds maimerance arrvicea at the main government center. A non-mandatory pre-bid conference was held on July 11, 1997, with eight (8) firms attending. The bid opening was held on July 23, 1997, with six (6) bidders submitting. The bid results are as follows: Evergreen Landscaping of Collier Commercial Land Maintenance, Inc. Environmental Care, Inc. Advanced Lawn and Landscaping Inc. Horticultural Industries, Inc. Michael / Todd, Inc. $ 98,400 106,800 121,000 126,000 165,600 174,OO0 The apparent low bidder is Evergreen Landscaping of Collier. The contract period is for one year with two one year renewals. Staff has checked references, and found them to be acceptable. In order to reduce the cost of this project, the County continues to maintain a contract with the Sheriff's Office for inmate labor for non technical tasks. FISCAL IMPACT: The annual cost for this service is $98,400. Funds were budgeted in Facilities Management Cost Center 00 I- 126334. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA, TIQN~;: That the Board of County Commissioners award Bid g07-2693 to Evergreen Landscaping of Collier, as described within this summary and the attached bid tabulation sheet. To authorize the Contract Manager to approve change orders not to exceed the cost center, and authoriz~ the Chairman to execute the contract after review by the County Attorney's Office. Ronald Holder, Contract Offic.~ Department ofFacilitiea Manag~ner~t REVIEWED BY: Skip' - ' --'' Di ' rCamp, C.F.M., irecto Department of Facilities Maragement DATE: Executive Summary Cont. Bid # 97-2693 Page Two REVIEWED BY: Purchasing Department ~D BY: Support Servic~ Divisiori stta~hmem: Bid Tabulation Sheet kU6 2 6 1997 Pr- '~ ,A. GEt.DA t3'EM,. ~ AU6 2 6 EXECUTIVE SIJMMARY ACCEPTANCE OF ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT FOR AUTORANCH ROAD. ~I~.,.~I~.~: For the Boaxd of County Commissioner~ to officially accept the conveyance of a road right-of-way, drainage and utility easement upon which a portion of AutoRanch Road is located. CONSIDERATION: While AutoRanch Road was constnmted by Collier County, and is maintained by and for the public, a small segment (represented by the attached easement) was not under County control. This fact was discovered ~t the time the propet~ owner applied for a permit to place a mobile home on the property. To remedy the situation, the property owner conveyed to Collier County a ~1, non-exclusive, road fight-of-way, drainage and utility easement. This easement is herewith brought before the Board of County Commissioners for acc~tance. FISCAL IMPACt: Nominal. Documentary stamps and recording fees will amount to $11.20 and will be paid from 313-163673-649030. Fro'therefore, AutoRanch RoM has been on the list of County- maintained marls for years. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, accept for the public record a mad right-of-way, drainage and utility easema~t, and authorize staffto record the easement in the public records of Collier County, Florida. PREPARED B Sandra T-~sqo~, Real ~ Mana~t Director APPROVED DATE: PROJECT: AutoRanch Road ROAD RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT THIS EASEMENT, made and entered into this __ day of 1997 by JAMES R. RICH, whose mailing address is 801 AutoRanch Road, Naplesl Flodda 34114, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address is 3301 Tamiami TraE East, Naples, Flodda 34112, its successors and assigns, (hereinafter referred to as 'Grantee.") (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for road right of way, drainage, utility and maintenance purposes on the following described lands located in Collier County, Flodda, to wit: Commencing at the Southwest comer of Section 20, Township 51 South, Range 27 East, Collier County, Florida, thence South 89° 27' 40' East a distance of 637.99 feet to a point, thence North 00' 12' 20' East a distance of 1650.00 feet to the Point of Beginning; thence North 89' 27' 40" West a distance of 30.00 feet: thence North 00' 12' 20" East a distance of 660.00 feet; thence South 89' 27' 40' East a distance of 30.00 feet; thence South 00° 12' 20' West a distance of 660.00 feet to the Point of Beginning. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto tho Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining road right of way, sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) JAMES R: RICH (Print Name) (Signature) (Pdnt Name) STATE OF COUNTY OF The foregoing Road Right-of-Way, Drainage and Utility Easement was acknowledged before this day of ,1997 by James R. Rich, who: OR is personally known to me , produced as proof of identity. (Print full name) Commission I Serial My Commission EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE a BUDGET AMENDMENT MOVING ALL FUND 606 RESERVES INTO CAPITAL FOR PAVING OF ADDITIONAL ROADWAYS AND TO CLOSE-OUT THE FUND. ~: To obtain Board approval of a budget amendment moving all Fund 606 Reserves into Capital Expenditurss for the paving of additional roadwsys in Golden Gate Estates, and to close-out the fund at the end of this fiscal year. CONSIDERATIONS: The GAC Trust Fund (606) was established by the developer of ~n Gate for the paving of certain roadways in the Golden Gate Estates. An annual priority paving Est is established using these funds to pave those roadways in the Estates area that meet the criteria set forth at the time the developer released the GAC Trust to the County. A mid-year review of this Est showed ~dditional roadways that need to be paved, but did not meet the established criteria at the time the list was prepared. At the end of the current fis,'~l year, there will be insufficient monies in the fund to cover paving and/or resurfacing of additional roadways to keep the fund active. Therefore, it is requested that the Board approve the budget amendment moving Fund 606 Reserves into Fund 606 Capital Expenditures for paving of the additional roadways and the dose-out of the fund at the end of the current fiscal year. FISCAL IMPACT: All monies in Fund 606-163680-763110 ($70,000) for road resurfacing projects in the Golden Gate Estates have been either encumbered or expended. There is $3,800 in Reserves for ConUngency and $11,700 in Reserves for Capital Outlay, for a total Reserve of $15,500. Recognize $22,517 in additional revenue and transfer $5,500 from operating expenses to capital outlay. Total increase of $43,5]7 in appropriations for paving. GROW'FH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment moving all Fund 606 Reserves (Contingency and Capital Outlay) into Fund 606 Capital Expenditures for the paving of additional roadways in the C-.-.-.-.-.-.-.-.-~en Gate Estates, and authorize staff to make all necessary financial transactions to close-out Fund 606 at the end of the current fiscalyea~appropriate $22,517 in additional carry for~ard and interest, and transfer $5,500 from operating expenses to capital outlay. Maro,~ Kin<~, Se,alSr Secretary-" / ' REVIEWED BY:...-~~ J Ed-Ilschnerf~/~ublic Works Administrator mk/O60297/ES Fund 606.doc DATE: ~/~/~7 AGEND AUG 2 6 1997 Pg. I APPROVAL OF BUDGET AMENDMEN~ BOARD~ AB~F. NC~ So. wine Dtspesd (Cra) (S12,000) Payment for caseaz~ required a~ ptrt of the landfill sitin~ Parks Coustrucfltm lhadget Amendment 97-384 Reserves Frank E. Mactdc Corem Park Op~ra~g Expmses GoMen Gate Corr~ Park ¢Co$I Center 15638~) Operating Expemes (~2,~0) (S3,450) ~.~Jcs Canital Proiccts (Cost Cent{x 116360) Operating Expenses $10.000 Total 0 Ftmds are needed for oumanding OCPM charges for work completed on thc Bluebill Park l:~ject This work includes: Development of thc par~g lot design, Cadd ~xnk for gralahica, m:merou$ changes, I.e. additional landscaping, tram stops and fishin{~ areas. PeLican Bay MSTUBU (109) Budget Amendment ROW B~autification Held Ope~g Expenses Personal Services Total 0 Temporary Dbor¢~ are bcifl$ used to cover vacant positiom General Fund (001) Budget Amendment 9%390 Roads Construction CIP (313) Budget Amendment 97-347 Opa'~flng Expe~ $9,000 Re~rv~ ¢$9.O0O) To~al To cover ?roctssing fe:t-s charged by Buiid~ & Permit~ for the collection of road inTaa G~eral Fued Budget Amendment P~wnal Sa'vices cap~ o~ay (~,oo~) To~al To offset shortfall in clccu'ici~- budget within this cost c~ter. I APPROVAL OF BUDGET AMENDMENTS BOARD'S ABSENCE Budget Amendmeut Office of Utility R~'ulafigq Oper~ing Expenses $9,000 Csp~l Outtay Tot~! To fond special coomet ac~ivit7 in s~port of Com~ ~ at fl~e 1997 General Fu.~! (001) Budgel Amendment Adminisu'afiofl Personal Sem'vice~ - Public Services Admin. !~5110 Per,/..o,,.al Services - Li~ Admin. 156110 Total Sl8,O00 ($ll.O00) Ur~nt~:ipated mid-year salary adj~ts, vaca~on sell-track and Ibc unplanned b~ necessary i~ym~nt of a Veteran Services employ~'s salary f~ a 15 week pe~'iod. Pur~hasint AdminjsU'~uion Personal S~ Oper~ing Expenses To~al Ex~lanution; Geueral Fund (001) Budget Amendment ~'/-414 ($%OOO) $'/.000 To covcr thc cr~pcnse of hirin~ unnpom-y help to accommodate tn employee who is ou · workers' comp _el, bu. AGENDA AU6 2 6 pg. I EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID NO. 97-2709 "PURCHASFJDELIVERY OF FERTILIZER". ~.,.~XI3~: That the Board of County Commissioner~ award Bid No. 97-2709 to Naples Fertilizer & Garden Center, for the annual "Purchase/Delivery of Fertilizee'. CONSIDERATIONS: Bid No. 9%2709 was prepared for annual supply of fertilizer for FY 97/98. The bid posting date was June 12, 1997, with proposals being ~-nt to 21 vendot~. Four bids were received and opened on July ! 5, 1997. Of the four bids received, Naples Fertilizer was the only bidder who submitted a bid for all items of fertilizer indicated on the Schedule, az was required in the Bid Proposal. FISCAL IMPACT: Landscape Services anticipated that approximately $10,000.00 will be spent during FY 97/98 on the MSTD's and MSTU's fertilizer requirements. Other Departments are allowed to purchase from this Agreement. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: "Purchase/Delivery of Fertilizer" to Naples Fertilizer & Garden Center. That the Board of County Commissioners award Bid No. 97-2709 Val rrmcc, Transportation Landscape Servic~ REVIEWED BY~ Ed Ilsch~er~'l~ublic Works Admini~rator t DATE: ~ /" V'P/irn/g697/F..S Naples Ferfiliz~xkn: AU6 2 6 AUG 2 $ 1~7' .,, I BOAKD OF COUNTY COMMISSIONERS MISCELLANEOUS CORR.ESPONDENCE AUGUST 26, 1997 FOR BOARD ACTION: Sati:;ft~ctioT; of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96-9671 MMA, 97-2596 MMA, 91-1058 CFA, 97-3947 MMA, 97-3571 MMA, 97-2797 MMA, 93-9731 MMA, 97-25 MMA, 96-5022 MMA, 97-3583 MMA, 96-2197 CFA, 95-4717 MMA, 96-5074 MMA, 97-1161 MMA, 93-2036 CFA, 93-2036 CFA, 95-7495 MMA, 97-3201 M/vIA, 97-3268 MMA, 97-2805 MMA, 97-1014 MMA, 92-1675 CFA, 94-401 MMA, 94-5488 MMA, 95-104239 MMA, 97-3109 MMA, 97-972 MMA, 96-9214 MMA, 96-6757 MMA, 96- 480 MMA, 96-1246 CFA, 96-10275 MNLA, 96-10313 MMA, 96-9057 MMA, 96-601 CFA, 96-8441 MMA, 96-10396 MMA, 96-8010 MMA, 96-7564 MMA, 91-2264 TM, 97-2217 MMA, 97-4946 MMA, 97-3229 MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WI'H! ACTION AS DIRECTED: 3. District~: go Pelican Marsh Community Development District - April 16, 1997 AND May 21, 1997. Port of the Islands Community Development District - May 15, 1997 and meeting notice for August 21, 1997. 4. Minutes: Ao Parks & Recreation Advisory Board - May 28, 1997, June 25, 1997 and agenda for June 25, 1997 and July 30, 1997.. Referred to BCC. Bo Environmental Policy Technical Advisory Board Agenda - June 9, 1997. Referred to BCC. C. Airport Authority Agenda - June 9, 1997. Referred to BCC. D° HistoricaFA~haeological Preservation Board Agenda - June 13, 1997, July 18, 1997 and August $, 1997. Referred to BCC. ao Health Depa~unent Advisory Board Agenda - June 2, 1997 & June 23, 1997. Referred to BCC. Fo Environmental Advisory Board Agenda - July 2, 1997, June 4, 1997 and agenda for July 2, 1997 and August 6, 1997. Referred to BCC. - NO · AU6 2 6 m7! PO-, Go H. I. J. Ko Mo Oo Code Enforcement Board - May 9, 1997 & May 29, 1997. Referred to BCC. Planning Commission - Agenda for July 3, 1997. Refered to BCC. Golden Gate Estates Land Trust Committee - April 28, 1997. Referred to BCC. Pelican Bay MSTBU Advisory Committee - June 4, 1997 and agenda for July 2, 1997. Referred to BCC. Immokalee Beautification M.S.T.U. Advisory Committee - April 23, 1997, May 2I, 1997 and agenda for June 18, 1997. Referred to BCC. Water & Wastewater Authority - April 28, 1997, January 27, 1997, October 28, 1996, September 3, 1996, August 26, 1996 and July 22, 1996. Referred to BCC. Library Advisory Board & Director's Report - May 28, 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - Cancellation Notice for July. Referred to BCC. Emergency Medical Services Advisory Council - June 4, 1997 and agenda for August 6, 1997. Referred to BCC. AGENp]~ No. AUG 2 6 2 EXECUTIV~ SUMMARY R~COMMEND THAT THE BOARD OF COUNTY COMMISSIONER~ SI~N THE CERTIFI~TI~ 0F ACC~PT~CE 0F ~ S~G~ AW~ FOR ~ ~I-DRU~ ~USE G~ 998-CJ- 8C-09-21-01-061/S~ET ~ P~I~ ~ ~P~SION PR~ OF $56,585.25 ~ ~PR0~ ~ ~~ B~ET ~. ~ TO gain Board of C~ty C~tsstoners approval of the Certification of Acceptance for the Street Gang Prevention and Apprehension ~ram s~rant award and the related ~dget amen~ent to rec~ize the su~rant f~ds. ~L~T~ On April 1, 1997, the Board of County Co~missioners agreed to act as the coordinating unit of government for the State of Florida, Department of Co~m~nity Affairs Anti-Drug Abuse Act Formula Grant Program. On June 3, 1997, the Board endorsed the Sheriff's Office application for funding. On August 5, 1997 the Sheriff's Office received the Department of Community Affairs grant award in the amount of $56,585.25 to fund the Sheriff's Office Street Gang Prevention and Apprehension Program. FISCAL IMPACT~ The Grant award of $56,585.25 is to be matched by $18,861.75 in Confiscated Trust Fund reserves (602-61t010-271000-0000). Fund 602 funds are included in the FY 98 budget. GROWTH IMPACT~ Funding potential for 4 year grant. This grant period is for October 1, 1997 through September 30, 1998. Continued funding will be sought for subsequent years. If continued funding is not received, the program would be evaluated and included in subsequent years Collier County Sheriff's Office budget request based upon available budget dollars. R~COMMENDATIONz That the Board of County Co~nissioners approve the Certification of Acceptance for the subcjrant award for the Anti-Drug Abuse Grant # 98-CJ-8C-09-21-01-061/Street Gang Prevention and Apprehension Program and approve the corresponding budget amendment. C~RTIFICATION OF CONFISCATED TKUST FUND This request is a legitimate expenditure of Confiscated TrustFundsunder Section 932.7055(4) (a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: DATE: Crystal '.K. Kinzel, Finance Director Don Hunter, Sheriff August-6, 1997 AU6 2 6 I997 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 98-cJ-8C-09-21-01-061 in the amount of $56,585.25, for a project entitled: Street Gang Prevention and Apprehension Program I for the period of 10/01/97 through 09/30/98, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) .."Timothy L. Hancock, Chairman, Collier County Co~ission (Typed Name and Title of Official) Approvc.'l z~ to form & l_e~l, zufficicncy ~t Co,~r.tI DCA-CJ Form 1 (June, 1985) ,A. GEND.~. I.'['EJ~L, AUG 2 6 LYJ7 RECCglI~END THAT TH~ BOA.KD OF COUNTY CONMISSZ0'R'E]I2 SIGN TH~ CKHTZFZ~TTON 01, ACcxFr~ OF T~ $140,850.00 SVS~A)IT AWA~ FOR T~ ANTI-D~G A~USR GKANT #g8-cJ-SC-09-21-01-060/SERIOUS HABITUAL OFFENDER CC~P~SIV~ ACTION PLAN (SHOCAP) PROGRAM AND APPR0V~ TH~ ltNLATED BUDGET ~. ~ TO gain Board of C~unty Co~nisstoners approval of the Certification of Acceptance for the Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program subgrant award and the related budget amendment to recognize the subgrant funds. CONSIDZRATION: On April 1, 1997, the Board of County Co~nissioners agreed to act as the coordinating unit of government for the State of Florida, Department of Community Affairs Anti-Drug Abuse Act Formula Grant Program. On June 3. 1997, the Board endorsed the Sheriff's Office application for funding. On August 12, 1997 the Sheriff's Office received Department of Community Affairs second year funding in the amount of $140,850.00 for the Sheriff's Office Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program. FISCAL IMPACT: The Grant award of $140,850.00 is to be matched by $46,950.00 in Confiscated Trust Fund resez~es (602-611010-271000-0000). Fund 602 funds are included in the FY 98 budget. GROWTH IMPACT: Funding potential for 4 year grant. This grant l~eriod is for October 1, 199'7 through September 30, 1998. Continued funding will be sought for subsequent years. If continued funding is not received, the program would be evaluated and included in subsequent years Collier County Sheriff's Office budget request based upon available budget dollars. RECOMKENDATION; That the Board of County Co~=nissioners approve the Certification of Acceptance for the subgrant award for the Anti-Drug Abuse Grant #98-CJ-SC-09-21-01-060/Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program and approve the corresponding budget amendment. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated TrustFundsunder Section 932.7055(4) (a) Florida Statutes to provide matching funds to obtain federal grants. . z ~inance Di~tor APPROVED BY: State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant.award number 98-CJ-8C-09-21-01-060 in the amount of $140,850, for a project entitled: Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program for the period of 10/01/97 through 09/30/98, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) Timothy L. Hancock, Chairman Collier County Commission (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) t'~... I..~~ AUG 2 6 997 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA COMMUNITY BANK FOR THE PURPOSE OF LEASING OFFICE SPACE FOR THE SHERIFF'S SUBSTATION IN IMMOKALEE !~e_(~[]~: Approval of a Lease Agreement between Colli~ County m~d Florida Community B~mk for the purpo~ ofle~ng office space for the Sheriff's Sub~lion in ~. CONSIDERATIQN; Since 1992, the Sheriff's Office has leased approximately 1,000 square feet of offic, e ~ at 1255 North 15' Street in Immokalee for the oper~on of · Sheriff's sul~t~5on tnd ~lmi~ facility. At this time, the Sheriff's Office requires a more suitable location for this operation. An off~e has been located within the Florida Comraunity Bank building located at 1400 North 15' Street in Inunokalee which better serves the needs ofthe Sheriff's Office. The axtached Lease Agreement reflects the terms negotiated with the landlord for · 1,560 square foot office located within the Florida Community Bank building. The Lea.~ provides for n three (3) year initial term commer~ng September 1, 1997, with annual renewals. The monthly rent, which is indicative ofthe area for like properties, shall be nine hundred ten dollars ($910.00) with annual increases reflecting the Consumer Price Index. The Sheriff's Office will be responsible for maintaining the leased area including janitorial services, pest control, utility and telephone charges. The landlord shall be responsible for all costs associated with the maintenance of the building and related equipment such as, but not limited to, plumbing and air conditioning systems. A letter of termination will be forwarded to the landlord of the existing leased office adviaing ofthe County's intentions to vacate the property as of October 1, 1997. This date will allow the Sheriff's Office to relocate to the new office without disruption. FISCAL ,IMPA¢'7!~'__: The monthly rent of nine hundred ten dollars ($910.00) and ail related expenses for utilities and maintenance at the subject property shall be withdrawn from ,,ccount number 0014361010- 644100430000. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners approve the Lea~ Agreement with Florida Community Bank and authorize its Chairman to execute same and wathorize staff to terminate the Lease Agreement\ -'frith Lewis Collins for thec..existing office space. PREPARED BY.'~"-'/L.t..C.~.~ ;~c'-x,~ ,~, ~. DATE: '~" /~" ~ ~ Michael H. Dowling, Red fi~'"per~pecialist, Red Property Managment Depwtment REVIEWED Don Hunter, Collier County Sheriff' /lO L£ASF- ^GR~EI~'N'r TH:IS LEASE AGP-~FJvI~'NT ent,-red into this I~~ of , 1997, between Florkla Community B~ ~ ~n~ ~d~ is 14~ N~ Sw~, !~, ~ 34142, ~ ~ to ~ ~SOR', ~ CO~ CO~, a ~liti~ ~ of I~ State of ~ ~ ~I~ ~dr~ is 3301 ~ 'F~ T~I, Naplc~ ~o6da 34112, ~ rcf~ u ~ITNESSETH In consldex~tion of' the mutual ~ts contained herein, and other valuable conslderatk)n, the LESSOR here~ leases to LESSEE and LESSEE hereby leases from LESSOR Suite =B" and the W ~A of Suite "C", totaling 1,560 ~Fslre Ice~ located al 1400 15"' Street, lmmokak~., Flork~ 34142.. hexcln~ex referred to as the "Demised Premises'. foe the sole purpose of operating a govenmaental office to be utilized by the Sh~iff's Off~ce. LESSEE shall have end hold the Demised Premises for a texm of thrce (3) years, commencing on September 1. 1997 and ending AuSust 31. 2000 (Initial Term). Following the initial Tc~m. this L~se s~'~x/l automaticaJly renew annually under the terms and conditk)ns as contained herein pro~.idcd LESSEE is not in default ofa~y of thc terms oflhls Lease. LESSOR anti LESSEE ~tll have lhe fight to Icrminaze this Le~se by prorating thc othe~ paz~ with writ~e~ notice not les than ninety ,.90) da~ prior to the expiration of the Initial Term or any exteaslon thereof. Said notice sl~l be efft,~iv~ upon placement of the notice in an official deposhoe7 of the United Slstcs Post Office, Rcgistexed or Certifmd Mail, Pos~ge Prepaid LESSEE hereby covenax~ts and a~rees to pay as rent for the Demised Premises tee sum of Te3~ Thous,%.~ Nine Hundred Twenty Dolla~ s~d 00/100 Cents ($10,920.00) pe~ annum in equal monthly iasts~'rmms of Nme Hundred Te~ ~ taxi 00/100 Ceres (5910.00) each. All rental payments shaft be due pay,d~lc in adv'~xe on t~ fir~ day of~ ~ ~nth dufin$ t~ t~ ~ If t~ I~ of ~s ~ ~l ~m~ on a ~y ~ I~ t~ fi~ day of I~ ~nt~ ~SS~ ~1 pay r~t~ ~ud to o~ t~n~h ~h) of t~ ~ ~ ~ti~ ~ t~ ~ of r~ ~ of~ e~io~ In the event LESSEE elecu to re~r~v this Lease, as provided foe in ARTICLE 2, the rem s~t f~ in ARTICLE 3 shall be increased s~mually for the ensuing one year renewal terms in the same proporticm that the Consume' Price Index for Urban Wage Earners ~d Clerical Workers-United States Cay Average. all ltem-~ A (1967'-100), United States Department or tabor had incret~! for the preceding y~a~,. However, in no event shall the annual minimum rc~ be less then Ten Thousand Nine Hundred T~enty Dollars a~d 00/100 Ce'ms ($10,920.00) nor shall any yearly increase be greater than I&/,. In the e-,'gnt that the Consumex Price Index ceases to krscorporate a signif~nt number of hems, or if a substantial chan~ is made in the method of estabfishing such Consumo' Price Index, then the Co~sum~ Price Index computing such Consumer Price Index. In the event that such Cortsumer Price Index (or a successor or substitute index) is not available, a reliable governmental or othex noflpar~isan publication, evaluating the information thereto for use in detexmin:t ~ the Consum~ Price Index, ~ be used in lieu of sssch Coe. sum~ Price Index. Said increase sh~J be provided by LESSOR in writing to LESSEE no latex than thirt7 (30) days following the r~ewal texm AUG 215 1S 7 LESSEE ~ pay ~11 j~itorial ~ervices, pest ~omroi and utility c~r~es ~n~inin~ Io ~ ~i~d Pr~ i~n~ ~t ~t I~m~t~ Io, c~rges ~or ~s, el~city, li~t, heat, ~ir ~nd~tion. ~w~. wat~, ~ Id~ or o[~ ~mmunJ~tlon ~ u~, rc~ or ~ppli~ Ih~n ~ ~ ~n~ ~h t~ ~i~ Premiss. I~ LESSOR el~s to ~pply utility ~ a~or ~a~toHal ~ ~S~ ~ to pay t~ ~e u ~ditJ~ rml ~t~n ~ny (30) da~ of its r~pt of I~ ~SOR'S ~ ~ ~. LESSOR sh~ be rcspofls3'bl¢ for all costs usociated w~h the malmct~',,ce of' the b~iJ~flS's exterior, pa.-idng areas, hndscapiflg, electrical system, plumbing and air conditioning systems A.R. TICL~ 6. Modifications to Demised Premises Prior to making any changes, aherstlons, additions or improvements to the Demised Premises. LESSEE wi~l provide to LESSOR all pr%",osals and plans for a~ter'afiom, improvemems, cha~ges or additions to the Demised Premises for LE~ ZOR'S written approval, specif~dn~ in ~ the nature and cxtera of the desired alteration, improven~..,n, change, or addition, alon~ with the comemplated starting and completion time for such project. LESSOR or its designee will then have thlny (30) days within v, hich to ,pprove or deny in writing said request for changes, improvements, ahcratiotrs or additions. LESSOR shall not umcasonably withhold its consent ',o required or appropriate alterations, intprovements, changes or additicms proposed by LESSEE. Il'after sixty (60) days there has been no response from LESSOR or its designee to stid proposals or plans, then such silence shall be deemed as an approv~ to such request of LESSEE. LESSEE covenants and agrees i,, connection with any maimenan~, r~b' work. erection. conszruction, improvement, addition or alteration o1' any ausho~zed moa'~f'~.ations, additions or improvements to the Demised Premises. IO observe and comply with ali then and future applicable laws. ordinances, rules, regulation, and requirements of the United States of America, State of Florida. County of Collier, ~I ~ ~ all goverm-nental agenci~. All aher,,tions, improvemems, and additions to said Da-nbed Premises ~ at once. when made or inst~ed, be deemed as attached to the freehold and to have become property of LESSOR. However. if LESSOR so direcls, prior' to the t~Tr~nat;o~ of this ~ or ~ny renews! term then:of, or within thirty (30) days there.~er, LESSEE shaft promptly remove the additions, improvemems, alterations, fixturcs and instaJI,tions designated by LESSOR which were placed in. on or upon the Demised Premises by LESSEE. and repair a~r/ damage occa.dor~ to the Demised Premises by such removal of said alter ' improvements, ~ additions. Il'LESSEE does not remove those ilems designated by LESSOR.. may complete said removals and repa~n at I.ESSEE'S expense. ART~C'LE 7. Access to Demised LESSOR, its duly authorLzed a&er '~, representatives and employees, shall have the fight after reasonable notice to LESSEE, accompanied by LESSEE'S designated aBem, Io emer into and upon DemLs~ Premises or any pan thereof at ,dl reasonable hours for the purpose of exa~ t.v~e And ma.king rc~rs or janitorial servk;e there~n, ~ for the ~ of inspectk:m for compliance with the provbions of ~s l.,eue ABra. LESSEE covenants ~ agrees not to assign this Lease of to sublet the whole or any pan of the Dtmised Pre~ses, or to I:~Tmlt a~f'Olh~ per. ns tO OCCupy same without the written consent Of LE. SSOR. Any such assignment or subl~tlin~,, eve~ with the consent of L~SSOR. shall not relieve LESSE~ fi.om liability for payment of rem or other sums herein wovided or from the obligation to keep ~ be bound by the terms, conditions 1~! covenants ofthJs ~. ~ acoelxance of rent from any other person sh~l nos be deemed to be a waiver of eny of the provisions of this Lease or lo be a consent to the udgr, me~ of tbls Lease or subteen& or,he Demised Premises. LESSEE shah take out and maintain during the course of this Lease, and during s~/renew thereof, comprehensive genend liability coverage including bodily injury, propecty damage, premises and opera, ns coverage, products and completed operations coverage, broad form property damage coverage, AG~ ,DA ITEM ,,,,. .J AUG 2 6 pg._ automobile liability coYerIBe includins owned .uton~bilcs. non-owned luto.~bilcs .nd Imcd ..tomobtlcs ~ ~nlr~l li~ilily ~v~ in nn nm~nt oF ~t Icss Ihan O~ Million n~ ($ I,~,~.~} ~mbined sin~k limils. Th~sc insurn~c ~lic~ics} shall rcBcct LESSOR .s nn nddmo~l i~r~. ff ~S~ ~d~ u~ ~ State ~F ~o~da Wo~'s Com~ution ~w, pr~ ~ ~ ~pl~. ~ ~v~gc 'hall ~ for ~atuto~ li~ts in ~mpF~ ~th t~ appli~blc S~e ~ F~ la~. ~ ~li~ must J~e Employ~'s ~abili~ ~th I limit o~ O~ Hu~r~ ~ ~ ~1~ ~ll~s ($1~,~.~; ~ ~. ARTICLE I0. Indemnity To the extent permitted by law, LES'SOR shell indemnify u~d save humless the LESSEE from u~d a~rt~ a~/ 8fld all claims, K~ions ~ Sun'S. and from ~ against any and all Iost,~L damages, costs. cbs;Gas, reason~l¢ attorney's fv~, I~ymen~ expect, cs ~'d liabilities which LESSE~ may sustain or incm' due to the ncsiiGe~ ~cU or omisdons of LESSOR. LE. SSLrE she.q indcrrmify ~ save handess the L~SSOR fi'om e~! a~rm ~ and dl claims, ~ions And subs. ~ fi.om ud agdnst ~ And all losses, damages, costs, charges, reasonable attorney's fees. payments, expenses and liabilities which LESSOR may Sustain or incur due to the negligent ac~s or omissions of L~SSEE. LESSEE sh~ll, at its sole cost and expense, keep the Demised PremL%-s clean at all times, lrsdd Demised Premises are not kept clean in the opinion of LESSO~ LESSEES manaG~ 'will be so ad~sed in writinG. Ifcorrec6ve action is not taken within thirty (30) days of the receipt of such notice. LESSOR will cause the ~me to be cleaned and corrected and LESSEE shall assume and pay nil necessary cleaning costs rnd such costs shall constitute additior~l r..nt which shall be paid by LESSEE within Ihirty (30) days of receipt of w~]ttcn notice of costs incurred by LESSOR. ARTICLE ]2. ~ Failure of L.F..SSF.~ to comply with ~ provision or covenant of this Lease shall constitute default, ~ ~SSOR may, at its option, 'tc~i~e this ~ sRer lhlny (30) da~ ~tten notice LESSEE. unless the default ~ mr~ ~d.;n tM ~ti~ ~ (or tach addi6o~i time as is rfl~nably rcquir~ to ~n~ ~ch dcfauh), LESSOR shall in no event be charged with defauk in the performance of any of its obligations hertund~ unless ~nd until LESSOR sl~ll have failed to pal'orm such obligations within Ihiny (30) days such additional time as is reasonably required to correcl such default) after notice to LESSOR by LESSEE proi>aty sped~ng wherein LESSOR has failed to perform ~ny such obligations. ARTICLE 14. ~ Any notice which LESSOR or I.ESS~''~ may be rectuimd to Siva to the other pafly shaJI be in writing to the other ptfl~' at the fonowing ~dch'~ses: LESSOI~ Florlda Community Ba~c 1400 Norlh 15~* Stre~ Immok~lee, FJorkia 34142 cc: Office of the County Attorney Sheriff's Office, Sheriff's AdminisUxtiv~ AC~_~:OA rl;E~ AU6 2 6 Lq'3? LESSEE covenants ~nd agrees to deli~,rr up md surrender to LESSOR ~s~ssion of Ih¢ D~i~ Pr~ ~ ~ improv~t~ to t~ D¢~ Premiss u~n expiration of this ~sc. or ils ~di~ l~l~n ~ ~dn pro~d~, udess olhe~ 4ir~ ~ LESSOR u mentioned in ~TICLE 6 of this t~ ocli ~ ~ ~y ~ ~ ~t ~ ~SOR or ~SSEE during t~ ~nli~en~ Ihcr~ ordi~ ~ ~ t~ ~ ~e ~ fl~ ~ ~ eI~u ~ L~SE~S ~ntrol ~pt~. LESSEE fully undersm~s that the police and law enforcement security protection provided by law enfor~ ~gencioa to the Demised Pre~ses is linseed to Ih~t provided to any other business or agency situated in Collier County, *,nd LESSEE acknowledges that any specia~ security measures deemed necea.ury for addhiom] protection of the Demised Premises shall be the sole responsibility and cost of LESSEE end sh~l involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its .~ccessor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S stand&rd operations where other operations .,hare common facilities. LESSEE cova~tnts ~d agrees not to t,: ,, occupy, suffer or permit s~id Demised Premises or any pm thereof to be used or occupied for any purpose contrary to law or the rides or regulations of any public LESSEE acknowledges that the restroom facilities within the Demised Premises do not c~mply with the American Disabilities Acl Access~ility Guidelines (ADA Guldeline~). If LESSEE is required, at any- time during the Irdtial Lgase Term or any renew~,,s thereof, to comply with ADA Guidelines regarding restroom facilities, but does not wish to make the in,provements to the Demised Premises, and if LESSOR should elect not to £ter the rcstroom f&c~lifies ir. order for the Dcrnised Premises Io comply with said ADA Guidelines. the LESSEE is hereby ~ted the option to terminate this Lease, at any time. by providin~ LESSOR with immediate written notice to the address set forth in ARTICLE 14 of'this Lease. Prior to LESSEE'S placement of any imerior or exlerior signage, LESSEE shall obtain LESSOR'S prior v,~ittc~ approval. LESSEE s~l utilize those pL"king spaces to the rear of the building and shall be allowed to par~ vehicles overnight. Guests of the LESSEE will be permitted to utilize common parking located in from o ~ b~din~ In complia~.e with Section 404.056, Florida Statutes, all parties are hereby made aware of the fol]owi~ Radon is · naturally occurring radioa¢l~,,c ~ that, when k has accumulated in a building in sufficient qulfltltioa, may present he, th risks to per 'ms who are exposed to it over time. Le~s of radon that exceed feder~J ~d state guiddines have been found in Ix,tiMings in Florida. Additional information residing r~lon ~xl radon testing may be ot,~ned from your county public health unit. This ~ Xgreanem ~ become cffedive upon execution by both LESSOR ~J LESSEE. This Leue Agreemem shall be gover~ md ccrmrued ~ accordam~ with the hws of the State of lqoridt /~A GE~DA ITEM,, '"--I 2 6 IN WI'TN'ESS I~q~:P. EOF. II~ i~n~es h~o ~ h~uncl~ ~ fonh tfl~ir h~ts ~! ~ls AS TO TH~ LESSEE: DATED: DWIGHT E. BI~OCK. ~ BY: E~': , lX'puty BOAXD OF COUNTY COMMISSIONERS. COLLIEK COUNTY. FLORIDA TIMOTH~J~ HANCOCK, A~ TO THE LESSOP,: DATED: ATTEST: ~ss ~~(~r~) - - prim ~ BY: FLOIUDA COMMUNITY BANK Approval u to form and ~ Cot~ A~ton~ A GF.J'~DA ITEM AUG 2 6 Jgg? Pg. EXECUTIVE SUMMARY RECOMM~A~ON THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE RESOLVING THE LAWSUIT STYLED COLLIER COUNTY WATER- SEWER DISTRICT VS. KOHLER CONSTRUCTION COMPANY. INC., CASE NO. 94-3404-CA-01-CTC, CIRCUIT COURT, TWENTIETH JUDICAL CIRCUIT IN AND FOR. COLLIER COUNTY, FLORIDA. ~ For thc Board of Coucty Commissioners ("Board") to approve a Settlement Agreement and Mutual Release resolving the lawsuit styled Collier County Water-Sewer Dixtrict vs. Kohler Construction Company, Inc., Case No. 94-3404-CA-01-CTC. CONSIDERATIONS: On September 8, 1994 the County commenced a lawsuit against Kohler Construction Company, Inc. ("Kohler") alleging damages in the approximate amount of $19,222.84. These damages included damages for a break of a County water line that occurred while Kohler was performing construction activities on or around September 19, 1990, damage to a County air release vault that occurred while Kohler was performing construction activities on or around November 19, 1990 and damage to a County water line while Kohler was pcrforming construction activities on or around September 17, 1993. (Note: Kohler was not under contract to the County but was performing these construction activities for a third party.) During the course of the suit, it was determined that thc County had accepted $509.64 from Kohler prior to the suit for the alleged damage to the air release vault (which the County had originally estimated to be in the amount of $62g.51). In addition, after the suit was filed, the County accepted $1150.00 toward settlement for damages attributable to the September 17, 1993 water line break (which the County had originally estimated to be $1589.48). To settle all remaining claims in the lawsuit, Kohler has now agreed to pay the County $8500.00, as ia more fully set forth in the attached Settlement Agreement and Mutual Release document. The County has already received an $8500.00 check from Kohler and is holding it at the Finance Department pending the Board's approval of this Settlement Agreement and Mutual Release. In view of thc attorney and staff time required to prepare for trial, the potential costs of exhibits for trial and costs of trial, and the risk of no recovery with the possibility of an attorney's fee and cost award against the County, the Office of the County Attorney believes this settlement proposal to be reasonable. FISCAL IMPACT: the alleged damages caused by Kohleffs construction activities: By accepting thc settlement, the County will have recovered ovc~ half of AU6 2 6 Total alleged damage~ - $19,222.84 Total recovery - $10,159.94 By rejecting the settlement, the County could conceivably recover most of the alleged damages. By the same token, there is a risk in this case that the County could lose ~t trial and be exposed to an attorney's fee and costs award in an estimated range of $4,000 - $8,000. GROWTH MANAGEMENT IMPACT; None. RECOMMENI)ATION: The Public Works ~ and Office of the County Attorney recommend that the Board approve the Settlement Agreement and Mutual Release proposed by Kohler pursuant to which the County will receive $8500.00 in full settlement of any remaining damage claims against Kohler in the lawsuit and that the Board authorize the Chairman to execute the necessary settlement document, a copy of which is attached to this Executive Summary. Michael W. Pettit Assistant County Attorney REVIEWED B~ Ed Ilschner, Administrator Public Wor~-~n BY: ~~ _ REVIEWED ; iich)/l DY t¥ Wat/'r Department APPROVED BY: David C. Weigel County Attorney Date: Date: Date: Date: ~;~- 2 SETTLEME~ AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement and Mutual Release") is made and entered into as of the day of J'uly, 1997, by and between the Collier County Water-Sewer District ("County"), a political subdivision of the State of Florida, and Kohler Construction Company, Inc. ("Kohler"), a Florida corporation. WITNESSETH: WHEREAS, County has sued Kohler for damage...s, arising out of the alleged acts or omissions of Kohler as more particularly described in the Complaint in the case styled Collier County Water-Sewer District v. Kohler Construction Coml~any, Inc., Case No. 94-3404-CA-01- CTC, in the Circuit Court, in the Twentieth Judicial Circuit in and for Collier County, Florida (hcrcaffcr rc£crrcd to as the "Lawsuit"); and WItEREAS, Kohler denies liability for the claims and damages asserted by County in the Lawsuit; and WHEREAS, the County and Kohler desire to resolve all disputes between them with respect to the Lawsuit and all related matters. NOW, THEREFORE, for and in consideration of the mutual promises and benefits conferred herein, the payments recited herein, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto, intending to be legally bound, covenant and agrees as follows: The foregoing recitals or "WHEREAS clauses" are hereby made a part of and incorporated by reference in this Agreement and Mutual Release. AGENDA ITEM AUG 2 6 997 Kohler agrees to pay County $8,500.00 as full satisfaction of all claims County has made or could have made in the Lawsuit. Except for any claim which might arise under this Agreement and Mutual Release, Kohler hereby fully and finally remises, releases, quits, satisfies and forever discharges County and its agents, representatives, officials, employees, from any and all manner of action and actions, cause and cause of actions, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Kohler now has, or which any person, representative, successor, heir or as~gn of'Kohler, hereaP, er can, shall or may have against County, that refer, arise from or in any way relate to the Lawsuit, the complaint and defenses filed or asserted in the Lawsuit or any of the events that formed the subject matter of the Lawsuit. In consideration of the payment and release by Kohler as stated in paragraphs 2 and 3 of this Agreement and Mutual Release, County hereby remises, releases, releases, quits, satisfies and forever discharges Kohler and Travelers/Aetna Insurance, of any and all manner of action and actions, cause and cause of actions, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which County now has, or which any person, representative, successor, heir or assign of County, hereafter can, shall or may have against Kohler, that refer, arise from or in any way relate to the Lawsuit, the complaint and defenses filed or asserted in the Lawsuit or any of the events that formed the subject matter of the Lawsuit. In further consideration of this resolution of the Lawsuit, County agrees to dismiss the Lawsuit with prejudice within three (3) business days following receipt of payment and execution of this Agreement and Mutual Release by all parties. IN WITNESS WHEREOF, County and Kohler, or their respective authorized representatives, have hereunto set their hands to the Agreement and Mutual Release. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: - TIMOTHY L. HANCOCK, Chairman (~) KOHLER CONSTRUCTION COMPANY, INC. (2) Printed/Typed N~'r~ Approved as to form and legal sufficiency: (corporate seal) Michael W. Pettit Assistant County Attorney h:~diti~ltiot~dmhlcr~l~cl~t~trclc~c AGENDA ITEM. ~u~ 2 6 1297