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Agenda 04/08/1997 RIt00 AIrY PB~JON WHO DBCXX)II TO APPBAL A Dt~¢ZSZON O? TFJ:S TI~3~BTO, A~D TKB~ZPOR3 #AY NRID TO ~ TIAT A AVAZLJkBLB 33~ ~ COOM'T~ COMJCXISXOItTAI' 2. Px.r~2z off AX. LZO~J.~CZ Hatch 18, 1997 - Re~laF ~e~ng. ~. P~TIONS ~ SERVICE A~S A. ~ (1) Proclama=~on proclaiming Apr~l 7-13, 1997 al ~blic Heal=h Week. To be accep=ed ~ Dr. Charles Kofligoberg, Heal=h Dlrec=or. (2) Proclama=ion proclaiming =he w, ek of April 13-19, 1997 ~8 Collier County ~w Enforcemen= Volun=eer Week. To ~ accep=ed by Sheriff ~n Hun=er. Joyce Ems= - Building Review & Pe~i~=~ng - 20 years C. ~ (1) Reco~enda~ion ~o rec~nize ~e~l Wiloon-Wa~son, Employee of =he Mon=h for April, 1997. 6. ~PROV~ OF ~E~'~ A. ~YSIS OF ~gES TO ~E~f FOR CO~IN~CIES 1. General ~nd, (001) for FY 96/97 1 April 8, 1997 2. ¢o~munit¥ D~velop~ent Fund, (123) for FY Facilitiel Construction Fund (302) for FY 96/97 PUBLIC P~TITIONS &. COKNT~rITY DEVELOPMENT & ENYIX~J-, IEltFIC2S D. IU~POXT I L'ltVICZ S (1) Board luthor~za=ion for =he Collier County Ai~or= Authority to hire in Afar= Authority Finance C~rdina=or. 9. COUNTY ATTOP~EY'E ~ZPORT 10. ~OARD OF COUNTT COMMISfION~ItE A. Discussion regarding beach bonfires. 11. OT~Elt CONSTITUTIONAL OFFICZRE · UBLIC COMMenT ON GENEIU~, TOPICS PUBLIC ~ZA~ING$ WILL BE XEA2q, D IMMEDIATELY FOLLOWING JTAFF ITEMS 12. ADVERTISED PUBLIC ~RINGS - BCC A. COMPR~L~NSIVE PLAN AMi~b'DHENTS (1) Recommendation that the Board of County Co~missioners comsider for approval a Stipulated Settlement Agreement between Florida Department of Community Affairs, Collier County, Florida, Harbor Development, Inc., and Fakahatchee Reaourcea, Inc. for the purpose of settling Florida Land and wa~er Adjudicator%, Co,~mission Case Number APP-96-018 in which preli~ina~ s~ivis~on pla= approval (Resolution No. 96-28) for =he Fakaha~chee Single Family Su~ivision a= Per= of ~he Islands b~ the Collier County Planning Co~ission was challenged for failure ~o meet =he Big ~ress ~ea of Critical S~ate Concern Radiations for ei=e al~era=ion. (2) Petition AV 96-033, John W. Fager and Charles w., Mar=ha, Mark and Darlene Miller, Owners, requesting Vacation of all public interest in a per, ion of a sixty foot (60') road right-of-way known as 1Cth Street North, platted aa First A~enue on the Plat of Bad Axe Subdivision, ~lat Book 4, Page 10, of =he Public Records of Collier County, Florida. April 8, 1997 (3) Petitio~ AV 97-001, W. Terry Cole ae agent for owners, 'James and Mary Silloway, Caeimir and billiafl Dolemba, Raymond and Sharon Device, and Marcher Do~enica Craig, requesting Yacecion of a ~rcion et a Special ~reae~e ~lankec Drainage Easement, located on a ~rcion et ~ 20, ~loc~ ~ sE ~he ~lac et ~ail Weec Unic ~e Replac, ~loc~ E an~ P ~lrl~ ~dition, ae recorded in ~la: B~k 22, Pages 34-35, and ~rtione of ~te 9, 49, and 52 of the Plat of ~a/1 Wilt ~it ~l Repla: al recorded in Pla: B~k 21, Pages ~4-10g, of =he ~lic Records of Collier C~n=y, ~lorida · 13. JO~ o~ ZO~N~ A. ~TIS~ P~LIC Williams O11 Co., Inc., re.el=inS a 37 yard variance fr~ the re~ired ~lde yard setback of 40 fee= es=~lished for car washes in =he C-4 zoning dllcrict co 3 feet for a property located ac 1095 North Collier Boulevard on Marco Island. (Continued fr~ the meeting o~ 1%. BOARD OP COUNTY CO]<MISBIONE~B' COMI~ICATIONB 1S. STAFF' B COM~T~I~CATIONS All Batters listed %mdsr thio items are considered to be re. tine and action will he taken by one motion without separate discussion of each ite~. Xf discussion is desired by a ne~ber of the Board, that item(f) will be removed from the Consent Agenda I~d considered separately. A. COM]4'~NZTY DEVELOPKENT & ~IRONMENTAL SERVICES (1) Recommendation that the Board of County Commissioners sward Bid t96-2606 to Blue Line, Inc. (2) Water fa¢llitiel acceptance for The Biltmore at Bay Colony. (3) Water facilities acceptance for Lalique at The vineyards. (Continued from the meeting of 4/1/97) B. (1) Approve Change Order t2 to Work Order IVB-15 (Under Annual General Contractor Vanderbilt Bay Construction, Inc. (2) Approve Change Order No. 4 for the South Regional Reclaimed water Storage Pond Project. (3) ~ecommendation Char the Board of County Commissioners approve and authorize the Chairman co e×ecu=e =he at=ached Real Esca:e Purchase connection with =he expansion of Airport Road. (4) Recommends=ion to approve and execute 3 April 8, 1997 Claim o£ Lien for ~he enforcemen~ of ~he No~ice To Pay Bswsr ~mpac~ Fee Sca~emen~ ~or ~he Wyndemere Sul:~iv~sion. {5} Recommendation ~o approve &nd exe~n ~ No~ices of CXaim o~ Lien fo~ ~h~ tn~orce~n~ of ~h~ No~c~ ~o Pay Maker l~ac~ Fee Scate~n~ for ~he ~de~re ~u~ivlel~. (~) ~r~e ~nd~m~e Co Right-of-WaY Uae License and ~zee~n~ ~l~h Florida ~r ~d Ligh~ C~y fo~ ney reclai~d racer ~in. (~ Rec~ndaCion ~o ad~ a Resolu~i~ au~hor~xin~ ac~iel~i~ of r~d ~ighC-of-~ay, sidewalk, utility, drainage, ~incenance and Ce~ra~ eaee~n~e and/or fee aisle title for Road (C,R, 31) ~oJecc, CIE ~o. 055~ and re~alin~ Reeoluci~ ~o. ~-130. (1) ~ec~endacion Co a~rove a resolution ap~in~ing officers ~o Collier County Agricul~ure Pair and E~o~l~ion, Inc. ~oard of Dlrec~or~. (2) Rec~enda~ion ~ha~ ~he ~oard o~ County C~isaioners of Collier C~n~y approve ~he a~ached ~dge~ amendmen~ rec~izing funds received from an insurance claim. (~) Rec~nda~ion ~ha~ ~he Board of C~ Co~issioners approve a re~es~ for funding and cons~c~ion of a partial re,la,ion baseball field relative ~o ~he Immokalee Co~uni~ Park si~e. (4~ Recommenda~ion ~ha~ ~he Board of Coun~ Co~issioners approve a lease agreemen~ wi~h Trac~ B, Inc., for ~empora~ libra~ space during ~he Marco Island Eibra~ cons~c~ion and renova~ion. ~PORT (1) Recommendation ~ha~ ~he Board of County Commissioners approve and execute ~he Sa~isfac~ions of Claim 4ices. F. BOXllLD OF COUNTY (2) Sa~iefaccion o~ Lien: NEED MOTION au=horizing Chairman =o sign Sa=isfac~ion of Lien for Services of =he Public Defender for Case Nos. 92-1419-M~A, 89-1SIS-MOA, 96-$192-MMA, 96-4066-~MA, 97-93&-M~A, 96-547-CFA, 9S-1304-CFA, 96-8187-~A. 96-89B0-~MA, 97-507-MMA, 94-1987-~. RECO~Eb~ APPROVe. ~atinfaction of Civil Jud~ent Lien: ~ED MOTION au~horizing ~he Chai~an to sign Satisfaction Civil Jud~en~ Lien for Case Nos. 87-3860-~/67-3981-~, 89-38A6-~S/89-2903-MOA, 85.4233-~/90-1682-~, 89-3572-~C, 91-~666-TM, 91-4794-~, 91-361~-~C., 91-214-~. ~ I=ems to File For Record Wi~h Action 4 April O, 1997 AGE NA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING APRIL 8, 1997 ADD~ ITEM 8(A)(1) - RECOMMENDATION TO APPROVE MODIFICATION OF DEVELOPMENT EXCAVATION PERMIT NO. 59.560 - BATHEY EXCAVATION - SECTION 33, TOWNSH I P 50 SOUTH, RANGE 26 EAST, - TO COMMERCIAL STATUS TO ALLOW OFFSITE HAULING. (STAFF' S REQUEST) · ADD~ ITEM 9(A) - AUTHORIZATION FOR CHAIRMAN TO SIGN ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FISCAL YEAR 19 9 5 - 19 9 6. (COUNTY ATTORNEY' S REQUEST). ADD~ ITEM 10(B) - REVIEW OF ITINERARY OF THE COUNTY MANAGER CANDIDATES. (COMMISSIONER BERRY). pR OCL~4MA TION recognizing that an annual celebration of Publlc Health Week in Florida and Collier County will lncreate awareness and understanding of the importance for a ~rong public health policy; and r~altrlng that Public Health Week It a community outreach effort to deliver health promotion rne~ages directly to the community, enrurtng that the general public and professtonal$ have an opportunity to parttctpate tn the program and improve their understanding of and appreciation for the vital Impact public health hat upon shaping a healthier future; and publtc health services benefit the entire population of Collter Courtly, and are among the highest priorities of the Collter County government; and greater publfc Imowledge and awareness of healthful behavior are cost-effective and contribute significantly to the reduction of needless suffering; and DrHERF./~, public health professtonal.~ and others who promote public health play important roles in pro.,.~dingfo~. ~h,. ,a~.,ff welfare of our cittze~, and their efforts undertaken. ~ gtmag~ 'c,~w,t~. _ '.t~t~sq, m~paxMon are worthy of ,, : r~. ...... .~ . ~ . ,,?~'# ~ . . agencl~t,~tfhs, academia,;and health-~l~ e~r. ises that are ~. ~Wiorida. that the Week of April ?,,t:~7~997 ~ ~ted as 'F, ,, "- , '~,, ~, ~ n ~ ~. ~' ~'~ ~:;:,.' .?.-< .:¥.:~ ,~OA~ OF CO~ ~IONE~ '~.'x ' ~: ' . ,:,.~, -~:: . APR - 8 P~. I~R OCLA MA TION the w~ek of April 13-19, i 997 ha~ been designated a~ "National Volunteer Week"; ~ t~ ~ff of ~ll~ C~ ~ ~ed this ~tk ~ ~Colll~ C~ ~ ~ct~ F~tg ~ttk~ ~ ~ct~on of t~ ~di~ed ~ enforcement t~ ~ of t~ ~l~t~: of t~ CMt~r Co~ ~: ~ce to ~ Collier C~ a ~ff~ pl~e ~ ~mtd tn t~ :log~ ~Yolmten M~ It H~n ~ ; ~ t~ ~l~e~: of t~ Coll~ Co~ ~t ~ce 'M~e It H~n ~ ~ ~e~y do~g ~r I&5~ ~s of s~tce t~t ~ to CoHter Cou~ ctt~e~; ~ ~dlc~ed ~ co~ctentio~ ~er in ~ c~e~ ~ e~tro~e~s; a~ APR - 8 ~997 EXECl.rI'IV~ SUMMARY EMS DEPARTMENT, SO'Pi'ORT SKKVlCr~ ~a~v~a~, , OF TI~ MONTH FOR APRIL 1997. ~a~.~~: The "Employ~ of tbe Month' Progrgn i~ d~igned to r~cognlz~ exc~6on~! pmtbmmnce plus u~quely identifmble comn'butioos which produce signit~cant results for the County. CONSID£RATIONS: Cheryl is · 9-year employee with Collier County EMS ~nd was Cheryl puts 110°.4 into the daily routine ~nd ~c)minated by a co-worker and her supervimr. always has a srtu'le. She does a superior job, displays an unequaled positive attitude and exercises diplomacy with customers and co-worke~. Cheryl is an example of a world-class employe~. Without any reservations, she was nominated and selecled as Employee of the Month for April 1997. FISCAL IMPACt: "Employee of'the Month" selectees receive a S50.00 cash award. Funds t'or ithis award are available in the FY 97-98 Management Of~¢e budget code 173410. ~,ECOMMI~NDATION: That Cheryl IAqlson-Watson be recognized as the "Employee of the Month" for April 1997. ]~¢hael A. McNees Interim County Manager APR 8 1997 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE MODIFICATION OF DEVELOPMENT EXCAVATION PERMIT NO. 59.560 - BATHEY EXCAVATION - SECI'ION $$, TOWNSHIP 50 SOUTH, RANGE 26 EAST, - TO COMMERCIAL STATUS TO ALLOW OFFSITE HAULING. To modify excavation Permit 59.560 Bathe7 Excavation to ~ow off~ite haufi~ o~' 45,000 c.y. of material to Sugden Park. (~ONSIDERATIONS: Stipulation two (2) of Excavation Permit No. 59.560, as approved states tha~ no excavated material can be moved from the site.. Collier County wastewater utilities dep~tment owns the Bathey Excavation si:e. Sugden Park needs 45,000 c.y. of fill. Collier County Parks and Recreation Department owns the Sugden Park site. The Bathey site contains 45,000 c.y. of excess fill that can be hauled along State Road U.S. 41 to Sugden Park, a distance of about 3 miles. This will save the Collier County Parks and Recreations Department in excess of $100,000. 1FISCAL IMPACT~ The County will not realize any permit or impact fees from this activity. The activity will not cost the County any money. The County should realize a net savings in park construction cost. GROWTH MANAGEMENT IMPACT~ Impact - additional park and recreation areas will be created. RECOMMENDATION,:, That the Board of County Commissioners approve modifying Excavation No. 59.560 - Bathey Excavation - to allow offshe hauling of 45,000 c.y. of material to Sugden Park. PKEP~~ARED B Y~/') .-~,' "~" i't~ Cm, ZANOW,~KI, SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE 2 APR 0 8 1997 NO, APR 08 EXECUTIVE IK)ARD AUTHORIZATION FOR THE COLLIER COUNTY AIRPORT AUTHORITY TO HIRE AN AIRPORT AUTHORITY FINAJNCE COORDINATOR. Authority Fiamce Coordirmor to mmage the incremed fumnci~l r~po~b~!i!~es of sad its thr~ airports and to apply ~m3d ~ nmm~ement practices to acmeve sen sum~ ~ m efficiently ~d ~3~titiou~ly m po~ible. CONSIDERATION: ~ ~ ~ve of ~ ~ A~ F~ C~tor is to ~ ~i~ ~ ~ ~ ~ f~ ~ A~ ~d ~ ~ ~ effo~ to ~lf ~ci~t ~d off~ ~ ~blic ~ f~ilifi~ ~ ~ mo~ ~ eff~ive. ~e A~ A~ofi~ F~ C~t~'s ~ of r~ibili~ would Mclude but would not ~ iimi~d to ~e follo~ng: I. ~elop ~d implant a ~ to miMmi~ ~e time ~uired to ~come ~lf ~cient. 2. Ai~ ~t ~u~e~b~ment Pro~. 3. Aiwa Co~i~ Pa~ ~ Pm~s. 4. M~ge ~d Implant Audit Consols for l~ge volmes of c~h ~d credit c~d ~ctiom. ~. ~ss Creative ~vat~blic Fin~cing ~tiom for new M~ufac~ng PI~ at I~ok~ee Regio~l Ai~fl. 6. Con~ctor Payables ~ Con.ct Fiscal M~~t. 7. Co~ulmt Payables ~d Con~act Fi<al M~agement. 8. AuthofiW's ~1 Fi~cial Reda to ~e Bo~d ofCo~ Co~ission~s. 9. Au~ofity's ~1 ~tio~ Budgets. 10. Authofity's ~1 Capi~l Budgets. I 1. Au~ofi~'s Le~ M~g~ent Oversight. 12. Authofity's Fuel Rev~ue Fin~ces. ! 3. Q~ly FM~cial Ream ~d FM~ci~ Fore~fing. 14. Liaison ~d int~ace ~ffi MI Federal ~d State ~t Agencies. 15. Liai~n ~d int~ace ~ Co~'s Fin~ce ~d Budget ~p~ents. i 6. Impl~ent ~d M~age Poin~ of Sale Ai~ FM~cial M~agement Computer Pro~s. ~HO~ COMME~: It is estimated ~at 30% to 40% of ~e cost of ~s ~sition shall ~ ~vmd by ~t ~v~ues. F~her ~at exi~ing consul~t paymen~ shall ~ reduced by 6% to 8% ~ ~s work is ~en a~y from ~e consul~ ~d given to ~e Fin~ce C~rdinator. F~ ~at ~o~ds of ~ue doll~ shall ~ reali~d ~ more e~cient ~el c~dit c~d ~p~ pr~ed~e$ ~e impl~ented at ~e ~ M~s ~d re~ on ~el p~cing is mo~ clo~ly m~aged. F~ ~t ~e developm~t of ~s ~sition shall reduce ~e time required to ~me ~lf su~cient. F~er ~t ~is ~sition shall ~it ~e Executive Director to s~nd mo~ time ~d effo~s on bringing in new le~s ~d indu~ into ~q l~~ANi~al Ai~n Industrial Pink ~d Fo~ign T~de Zone w~ch shall incre~e [ APR ~v~ Dir~or shall hart more time to spend on obtaining and securing other Airport Itxtustri*l Park d~veloprnent r~venue grams for the lmmokalee Regional Airport and general sirpon r~v~nue grant~ for the three airport syst~n. Whe~ the Authori~ would have preferrtd to address this need during the next budget cycle the tm.coeeseen rapid growth at sll three airports, number of inquires for the new Industrial Park and time ~ssociated with accomm~g these leads, and millions of dollar~ under management of the Authority drives the need to fill ~is position immediately. The Chairman of the Budget Committee for the Authority (Steve Price) conducted a series of meetings with County Dep~rtm~ including rig Revenue ami Finance ~unents to ~ the need for this position. The Budget Commitlee Chairm~ concluded that this position is necessary for the Authority to b~ fu,.argially responsible snd r~ponsive to the County. The Chai~'s findings were pres~ted to the Collier County Airport Authority Board and by a unanimous vote the Authority Board vo'a~d to make a nxommendation to the Board of County Commissioners to fill this position this fiscal year utilizing Airport Authority funds from increased fuel sales and a temporary position vacancy at the Marco Island Executive Airport. GROWTH MANAGEMENT: None FISCAL IMPACT: The annual salary for this position is $45,000.00. The cost to fund this position from June 1997 through September 1997 including ail benefits ($20,436) can be accomplished within the Authority's budget from higher then budgeted fuel sale revenues at all three airports and a temporary Customer Service Representative position vacancy that existed at the Marco Island Executive Airport. Therefore no additional funds are requested for the Authority from the Board to cover the costs associated with this position for this fiscal year. The annual cost to fund this position in future years shall be accomplished through increased fuel, grant, and lease revenues realized at the three airports as growth continues and more efficient financial management strategies are implemented. ~,ECOMMENDATION: That the Board of County Commissioners authorize the Collier County Airport Authority to create and fill the Airport Authority Finance Coordinator position this year to manage the increased financial responsibilities of the Authority and apply sound fiscal management practices to maximize financial returns and reduce costs associated with County's three airports. APPROVED BY: -N~no J. Spagn~, Chain~afi r' Collier County Airport Authority DATE: ~/ZT[ AGENDA ITEM No. (,) APR 0 8 1997 BUDGET AK~NDMXNT R~OUEST For Budget/Finance Use Onl BA# JE# BAR# A.P.H. Date To BCC Yes No COLLIER COUNTY AIRPORT AUTHORITY FUND TZTLZ Date prepared:._;9.~,3_~gJ_ If previously approved, BCC Agenda Date: / / ~XPENSE BD~K;ET DETAIL 495 (FOND NO.) Attach Executive Summa Item No. ADMINISTRATION Cost Center Title Expenditure 192310 Cost Center No. Expenditure Titl· Project Title Increase 512100 Reaular Salaries 13,110 521100 ~ocial Security 950 522100 Retirement 2,462 523150 Health Insurance 3,767 ~23160 Life Insurance 43 524100 Worker's Compensation 104 Current 156,500 11,900 27,400 17,100 3OO 9OO Project Revised 169,610 12,850 29,862 20,867 343 1004 20,436 MARCO ISLAND AIRPORT Cost Center Title Expenditure 192370 Cost Center No. Project Title Increase Current (DeCrease) BudGet 512100 ~1100 522100 523150 523160 524100 Expenditure Title Project N Revised B~daet Beaular Salaries Social Security Retirement Health Insurance Life Insurance Worker's Compensation (11 , 110) 82,200 (71 , 090) (850) 6,400 (5,550) (1 , 962) 14 , 600 (12 , 638) (3,267) 14 , 500 (11 , 233) (23) 200 (177) {55) 2,800 (2,745) TOTAL (17,267) RESERVES Cost Csnter Title 919010 Cost Center No. Project Title Expenditure Cost Center Title Expenditure Title Increase (Decrease) Current Budae~ Reserves for Cont. (3,169) TOTAL (3,169) ~FENUE BUDGET DETAIL Cost Center No. ~roJect Project N Revised _~udae~ 36,400 (33,231) AGENDA ITEH No. 4~ t,~ APR 0 8 1997 itle Project WHY ARE FUNDS NEEDED? Funds are needed to fund the new Finance Coordinator Dosition. WHERE ARE FUNDS AVAILABLE? Funds are available from Fund 495. S17.267.00 shall come from Customer Service' vacancy at Marco and S3.169.00 shall come from Reserves. At such time as actual revenues exceed budaeted revenues a budget amendment from excess revenues to reserves shall be executed to replenish the reserves account, This is estimated to occur within the last 2 to 3 months of the fiscal year, REVIEW PROCESS COST CENTER DIRECTOR: BUDGET DEP~TMENT: / DATE AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO.: AGE NOA ITEM mo. _ APR O 8 1997 . .DEPENDENT DISTRICT REPORTING - Part 1 Thc'special dl~rkts Ii,ted below are identified by the Department of Community Affair~ as dependent on your county. Plc~lse indicate whether these districts have been included as component units in your report and the presentation according to the Governmental Accounting Standards Board, Statement 14, The Reporting £ntlty. "Independently Reported" should include only dependent districts that are not component units of your reporting entity. "No Repofl Submitted" should include any dependent districts that are component units and should have been included with your reporting entity but did not, or did not within a reasonable time, provide financial information necessa~' to comply with Section 218.32 (I), F.S. ! 1/04/96 Il}CO: 11 De.oendent Districts of Collier County_ * 190 Collier County Health Faciliti~ Authority 192 Collier County Industrial Development Auth 193 Collier County Water-Sewer District 897 Collier County Housing Finance Authoriw 940 Marco Water and Sewer District 1068 Collier County Airport Authority Goodland Water District Blended in Independently Discretely PHmary Report Reported Presented Ho Report Submitted Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial positions or results of operations are reported in the accompanying financial statements. P,~,e: I0 .DEPENDENT DIS'I'RICT REPORTING - Part 2 IJse this part to report the total rtwenues and expenditures of each local ~overnmental entity that is a component unit included in thc annual financial report of the reportin~ entity, either blended or discretely presented. 11/06/1996 I'DCO: I I Deoendent Districts of Collier County_ 190 Colli~r Count7 Health Facilities Authorit~ 19l Collier CounW Industrial Dcv~lotament Auth 193 Collier Co~nt7 Water-Sewer District S99 Collier County Housing Finance Authomv 940 Marco Water and Sewer District Collier Coua~ Airport Authori~ Goodland Water District Total Revenues Total Expenditures N/A N/A 36,405 34,544 37,647,428 32,037,080 13,64~ 538 4~6:fi?n 639,664 filA.~7 1,084,6~3 223,321 292,425 Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial positions or results of operations are reported in the accompanying financial statements. Page: I0 .DEPENDENT DISTRICT REPORTING - Part 2 Use this part to report the total revenues and expenditures of each local governmental entity that is a component unit included in the annual financial report of the reporting entity, either blended or discretely presented. 11/06/1996 i'DCO: ! I Dependent Districts of Collier Coun~ * 190 Collier County Health Facilities Authority 192 Collier County Industrial Development Auth 193 Collier County Water-Sewer District 897 .collier County Housin~t Fi~__,~e__ Amhontv 940 ..,Marco Water and Sewer District 1068 ,Collier County Airport Authority Goodland Water District Total Revenues N/A 36,405 37,647.4S8 1~:640 456:62R R1R;~7 223,321 Total Expenditures N/^ _ 34.544 32,037,080 538 659,664 .... 1,084,623 292,425 * Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial positions or results of operations are reported in the accompanying financial statements. Page: I0 DEPENDENT DISTRICT - AUDIT COMPLIANCE The special district(s) listed below are identified by the Department of Community Affairs as dependent on your county. With rd'crencc to Section 218.34 (2), Florlda Statutes, please indicate whether the proposed budget of the dependent district has been contained and identified within your general budget or budgeted separately. !!/06/1996 IDCO: 11 Dependent Districts of Collier County M:tnner in Which Budo. eted Contained ,and identified within general budget of governing authority Budgeted Separately -!90 192 193 897 940 1068 Collier County Health Facilities Authored' Collier Count, Industrial De~lopment Au~ Collier Counw Water-Sewer District Collier County Housin~ Financ~ Authority Marco Water and Sewer District Collier County Airport Authority X Goodland Water District X I hereby certify that those dependent districts which are budgeted separately, have complied with the le$ally mandated audit requirements purr,.tant to Section 11.45 (3) (a) 4. Florida Statutes for the fiwal y~at ended 9/30/96 3/2~q/q7 Signature Date Director of Finance Tide Considered a Discretely Presented Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore. no financial positions or results of operations are reported in the accompanying financial statements. Pa&e: !0 ~e~m~.4~e.~ ~m.m~t.a~h~ I .tm FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Florida REPORTING FUND GROUP: General Fund REVENUES AND OTHER CREDITS ~31f.000 THROUGH 390.000) ID NUMBER: 11 Account No. 311OOO 329OOO 331200 331620 331900 333OOO 334700 335120 335130 335150 33516O 33518O 335490 337300 341100 341200 341550 341700 34 1750 34 1800 341900 342300 343900 346400 346900 347100 347200 347400 347900 349000 351000 35200O 359000 Description AD VALOREM TAXES OTHER LICENSES, FEES AND PERMITS FED GRANTS-PUBLIC SAFETY FED GRANTS-HUMAN SVCS - PUBLIC WELFARE FED GRANTS-OTHER FED PAYMENTS IN LIEU OF TAXES ST GRANTS-CULTURE/RECREATION ST SHARED REV-GEN GOV'T-SHARING PROCEEDS ST SHARED REV-GEN GOV"T-INS AGT CO LICENCES ST SHARED REV-GEN GOV'T-ALCOHOLIC BEV LICS ST SHARED REV-GEN GOV'T-RACING TAX ST SHARED REV-GEN GOV'T-LOC GOV'T 1/2 CT TAX ST SHARED REV-TRANSPORTATION-OTHER LOCAL GRANTS-PHYSICAL ENVIRONMENT SERVICES-GEN GOV'T-RECORDING FEES SERVICES-GEN GOV'T-INTRNL SVCS FEES & CHRGS SERVICES-GEN GOV'T-SUPERVISOR OF ELECTIONS SERV1CES-GEN GOV'T-COUNTY COURT FEES SERVICES-GEN GOV'T-CIRCUIT COURT FEES SERV1CES-GEN GOV'T-COUNTY OFF COMM & FEES SERVICES-GEN GOV'T-OTHER CHARGES & FEES SERVICES-PUBLIC SAFETY-HOUSING FOR PRISONERS SERVICES-PHYS ENVIRONMENT-OTHER CHRGS & FEES SERVICES-HUMAN SVCS-ANIMAL CNT & SHLTR FEES SERVICES-HUMAN SVCS-OTHER CHARGES & FEES SERV1CES-CULTURE/REC-LIBRARIES SERVICES-CULTUREJRE~PARKS & RECREATION SERViCES-CULTURE/REC-SPECIAL EVENTS SERVICES-CULTURF_/REC-OTHER CHARGES & FEES SERVICES-OTHER CHARGES FINES-JUDGMENTS AND FINES FINES-LIBRARY FINES-OTHER FINES AND/OR FORFEITURES Amount 57.262.770 86,775 113,214 18,999 47,758 342,427 267,918 4,893,854 62,542 107,673 99,900 13,941.650 92,526 4,200 1,603,029 191,055 22,927 711,708 898,990 1,617 385,633 11,676 1,890 57,842 338 35,691 461,158 20,574 1,006,157 4,292,983 1,791,547 116,599 603,127 (continued) FORM DBF.AA~03 FUND GROUP REVENUES ANO EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Florida ID NUMBER: REPORTING FUND GROUP: General Fund REVENUES AND OTHER CREDITS (31'/.000 THROUGH 390.000) Account No. Description 36100O 364O00 365OO0 386000 389000 381000 386200 386400 38660O 386700 INTEREST EARNINGS DISPOSITION OF FIXED ASSETS SAt_ES OF SURPLUS MATERIALS AND SCRAP CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES INTERFUNDTRANSFERSIN TRANSFERS-CLERK OF COURT TRANSFER~SHERIFF TRANSFER~PROPERTYAPPRAISER TRANSFERS-TAX COLLECTOR 11 Amount 1,848,308 75,477 481 33,514 2,919,924 474,700 215,082 6,137,200 323,330 739,747 TOTAL REVENUES AND OTHER CREDITS 102,324,590 2 FORM DBF-A~.,-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: General Fund EXPENDITURES AND OTHER DEBITS ~'lf THROUGH 11 Account No. Object Description 511 10 511 3O 511 60 512 10 512 3O 513 10 513 30 513 6O 513 80 514 10 514 30 514 60 515 10 515 30 515 60 516 10 516 30 516 60 519 10 519 30 519 60 519 80 521 10 521 30 521 60 523 10 523 30 523 60 525 10 525 30 526 10 (continued) FORM DBF-AA-403 PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONALSERVICES OPERATING EXPENDITURES/EXPENSES PERSONALSERVICES Amount 459,928 65,502 1,805 406,236 47,454 8,263,597 2,547,033 730,204 3,792 1,020,698 193,230 51,758 442,9O9 231,188 6,048 3,854,492 329,307 50,936 4,169,037 2,838,673 191,854 126,925 26,771,337 4,712,522 1,328,671 8,666,156 2,701,728 53,716 205,708 66,609 251,142 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda REPORTING FUND GROUP: General Fund ID NUMBER: EXPENDITURES AND OTHER DEBITS ~11 THROUGH 592) 11 Account No. Object Description 526 30 526 60 527 30 537 10 537 30 537 60 539 10 553 10 553 30 554 10 554 30 554 60 561 30 562 10 562 30 562 60 562 80 563 80 564 10 564 30 564 6O 569 10 569 30 571 10 571 30 571 60 572 10 572 30 572 60 572 80 573 10 (continued) FORM DBF-AA-403 OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS GRANTS AND AIDS PERSONAL SERVICES OPERATING EXPENDiTURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS PERSONAL SERVICES Amount 473968 2 750 439 076 907 162 767 332 18 197 10 813 150 864 22 119 172 790 23 710 2 323 14 241 319 543 391,908 3,774 874,000 710,400 249,609 2,O09,955 2,831 118,873 17,231 1,914,275 541,463 38,856 2,7231732 2,224,083 192,658 172,918 172,532 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: General Fund EXPENDITURES AND OTHER DEBITS (~l THROUGH 592) 11 Account No. Object Description 573 30 573 60 CAPITAL OUTLAY 517 70 DEBT SERVICE 581 90 OTHER USES 586 90 OTHER USES OPERATING EXPENDITURES/EXPENSES Amount 83,817 13,296 1,917,239 12,225,415 2,924,347 103,636.295 TOTAL EXPENDITURES AND OTHER DEBITS 3 FORM DBF-.AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Count,j, Florida REPORTING FUND GROUP: Special Revenue Funds ID NUMBER: REVENUES AND OTHER CREDITS (3~.000 THROUGH 390.000) Account No, Des__~tion 311000 312300 312400 313500 314200 3143OO 32100O 322000 329000 331200 331420 331500 331620 331700 334100 334200 334330 334390 334500 334620 33514O 335200 33541O 33542O 337200 337400 341100 - 3412OO 341700 341800 341900 342500 343700 AD VALOREM TAXES SALES TAX-COUNTY 1-CENT~GAS TAX SALES TAX-LOCAL OPTION GAS TAX/ALT FUEL ~-CABLE TELEVISION UT~ SERVICE TAXES--~-'~ECOM~ONS UTILITY SERVICE TAXES-WATER OCCUPATIONAL LICENSES BUILD--MITS OTHER LICENSES, FEES AND PERMITS FED GRANTS-PUBLIC SAFETY -FED GRANTS-TRANSPORTA i ION-MASS TRANSIT FED GRANTS-ECONOMIC ENVIRONMENT FED GRANTS-HUMAN SVCS-PUBLIC WELFARE FED GRANTS-CULTURE/RECREATION -ST GRANTS-GENERAL GOVERNMENT ST GRANTS-PUB~-IC SAFETY ST GRANTS-PHYS ENVIRONMENT-GAS SUPPLY ST GRANTS-PHYS ENVIRONMENT-OTHER ST GRANTS-ECONOMIC ENVIRONMENT ST GRANTS-H-U--~"~'SVCS-PUBLIC WELFARE ST SHARED REV-GEN GOV'T-MOBILE HOME LICS ST SHARED REV-PUBLIC SAFETY ST SHAR~RANSPORTATION-AIRPORT DVLPMNT ET SHARED REV.TRANSPORTATION-MASS TRANUIT __ LOCAL GRANTS-PUBLIC SAFETY ~TS-TRANSPORT A.TIO N ~ERVICES-GEN GOV'T-RECORDING FEES ~~~~~'~~ FEES & CHRGS ~V'T-COUNTY COURT FEES SERViCES-GEN GOV'T-COUNTY OFF COMM & FEES ~V'T-OTHE~RGES & FEES ~ERVICES-PUBLIC SAFETY-PROTECTIVE INSPECTION SERVICES-PHYS ENVIRONMENT-CNSRVTN & RSRC MGT 11 Amount 12,455,431 482,449 665,711 1,375,891 681,757 6,114,859 786,837 5,050,198 271,196 186,820 302,211 78,649 172,355 171,415 10,423 649,863 25,000 136,248 1,062,878 --587,805 108,120 6O0 48,892 1,065,934 1,000 183 190.403 372,642 182.315 71,942 - 3,725 1,465 52,199 (continued) FORM OBF-~,A~03 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda REPORTING FUND GROUP: Special Revenue Funds REVENUES AND OTHER CREDITS (3'l f. O00 THROUGH 390.000) ID NUMBER: 11 Account No. Description 3439OO 3449OO 347200 3474OO 3479OO 349OOO 354O0O 3590OO 361OO0 363100 364OOO 365O0O 366O0O 3690OO 381O00 3899OO SERVICES-PHYS ENVIRONMENT-OTHER CHRGS & FEES SERVICES-TRANSPORTATION-OTHER CHARGES & FEES SERVICES-CULTURE~EC-PARKS & RECREATION SERVICES-CULTUR E/R EC-S PECIAL EVENTS SERVICES-CULTURE/REC-OTHER CHARGES & FEES SERVICES-OTHER CHARGES FINES-VIOLATIONS OF LOCAL ORDINANCES FINES-OTHER FINES AND/OR FORFEITURES INTEREST EARNINGS SPECIAL ASSESSMENTS DISPOSITION OF FIXED ASSETS SALES OF SURPLUS MATERIALS AND SCRAP CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN NONOPERATING-OTHER SOURCES Amount 341 882 61 509 106419 1 103 144 263 372 442 42 186 46 028 1,835,593 1,184,317 13,992 17,580 10 96,827 4,212,347 5,270,000 47,113,914 TOTAL REVENUES AND OTHER CREDITS FORM DBF.AA-403 2 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995.96 REPORTING ENTITY: Collier County, Flodda REPORTING FUND GROUP: Special Revenue Funds EXPENDITURES AND OTHER DEBITS (~'1'1 THROUGH 592) ID NUMBER: 11 Account No. Object Description 515 10 515 30 515 60 516 30 519 10 519 30 519 60 521 10 521 30 521 60 522 10 522 30 522 60 522 80 524 10 524 30 524 60 525 10 525 30 525 60 533 10 533 30 533 60 534 10 534 30 537 10 537 30 537 60 538 30 539 10 539 30 539 60 (continued) FORM DSF-AA-403 PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY Amount 2,334,471 335,012 11,932 348 62,911 210,218 188,565 268,298 407,854 205,230 672,647 214,342 23,160 186,800 3,162,347 1,558 421 869 970 6 366 201 831 124 351 55 168 214 669 12300 5 590 9 062 243,828 215,313 253,883 7,221 1,141,315 3,280,377 10,863,388 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda REPORTING FUND GROUP: Special Revenue Funds EXPENDITURES AND OTHER DEBITS (~1 THROUGH 592) ID NUMBER: 11 Account No. 539 541 541 541 544 554 554 554 564 564 564 572 572 572 572 573 573 581 586 590 Object Description 80 GRANTS AND AIDS 10 PERSONAL SERVICES 30 OPERATING EXPENDITURES/EXPENSES 60 CAPITAL OUTLAY 30 OPERATING EXPENDITURES/EXPENSES 10 PERSONAL SERVICES 30 OPERATING EXPENDITURES/EXPENSES 60 CAPITAL OUTLAY 10 PERSONAL SERVICES 30 OPERATING EXPENDITURES/EXPENSES 60 CAPITAL OUTLAY 10 PERSONAL SERVICES 30 OPERATING EXPENDITURES/EXPENSES 60 CAPITAL OUTLAY 80 GRANTS AND AIDS 30 OPERATING EXPENDITURES/EXPENSES 60 CAPITAL OUTLAY 90 OTHER USES 90 OTHER USES 70 DEBT SERVICE Amount 57,867 4~ 168,656 3,717,999 1,369,608 95,800 76,013 24,467 1~200,291 296,145 538,102 4,880 914,344 773,018 147,579 2,277,112 13,035 41,200 780,162 6,869,225 1,187 50,713,874 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA..403 2 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Florida ID NUMBER: REPORTING FUND GROUP: Debt Service Funds REVENUES AND OTHER CREDITS (3'/'/.000 THROUGH 390.000) 11 Account No. Description 3110O0 312300 334200 335120 335160 335180 361O00 381000 389900 AD VALOREM TAXES SALES TAX-COUNTY 1-CENT VOTED GAS TAX STATE GRANTS-PUBLIC SAFETY ST SHARED REV-GEN GOV'T-SHARING PROCEEDS ST SHARED REV-GEN GOV'T-RACING TAX ST SHARED REV-GEN GO'CT-LOC GOV'T 1/2 CT TAX INTEREST EARNINGS INTERFUND TRANSFERS IN NONOPERATING-OTHER SOURCES Amount 1,620,565 583,300 42,741 379,800 346,600 2~359,500 505,608 4,623,784 7,175,000 17,636,898 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: Debt Service Funds EXPENDITURES AND OTHER DEBITS (5'1~ THROUGH 592) 11 Account No. Qbject Description 517 70 DEBT SERVICE 581 70 DEBT SERVICE 585 70 DEBT SERVICE 586 70 DEBT SERVICE Amount 13,645,193 162,764 6r900,829 53,564 20,762,350 TOTAL EXPENDITURES AND OTHER DEBITS · FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda REPORTING FUND GROUP: Capital Project Funds ID NUMBER: REVENUES AND OTHER CREDITS ~31f.000 THROUGH 390.000) 11 Account No. Description 312400 334390 335420 335490 335700 341200 341800 3429OO 3449OO 361000 363100 383290 384000 368000 369000 381000 SALES TAX-LOCAL OPTION GAS TAX/ALT FUEL ST GRANTS-PHYS ENVIRONMENT-OTHER ST SHARED REV-TRANSPORTATION-MASS TRANSIT ST SHARED REV-TRANSPORTATION-OTHER ST SHARED REV-CULTURE/RECREATION SERVlCES.-GEN GOV'T-INTRNL SVCS FEES & CHGS SERVlCES-GEN GOV'T-COUNTY OFF COMM & FEES SERVICES-PUBLIC SAFETY-OTHER CHARGES & FEES SERVICES-TRANSPORTATION-OTHER CHARGES & FEES INTEREST EARNINGS SPECIAL ASSESSMENTS IMPACT FEES-OTHER DISPOSITION OF FIXED ASSETS CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN Amount 8,306,789 137,686 2,196,867 12,409 5,0OO 5,290 106,882 292,993 109,268 2,532,581 174,541 15,499,584 82 212,768 70,031 5,230,870 34.893.641 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County~ Flodda ID NUMBER: REPORTING FUND GROUP: Capital Project Funds EXPENDITURES AND OTHER DEBITS ~1 THROUGH 592) 11 Account No. O~e~, 516 60 519 30 519 60 521 30 521 60 523 30 523 60 525 3O 525 60 526 30 526 60 537 3O 537 60 539 30 539 60 541 30 541 60 571 3O 571 60 572 30 572 60 572 8O 573 30 573 60 581 90 Description CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY GRANTS AND AIDS OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OTHER USES Amount 1,325 791,709 2,721,613 62,310 244,397 45,833 149,173 13,323 6,366,005 136,965 849,446 251,201 165,804 114,057 541,360 3,221,895 20,214,479 72,285 427,439 651,549 4,930,036 248,361 137,735 264,269 2,652,099 45,274,668 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Count,/, Fiodda ID NUMBER: REPORTING FUND GROUP: Enterprise Funds REVENUES AND OTHER CREDITS {311.O00 THROUGH 390.000) Account No. Description ~2600 ~3600 344100 ~1000 ~9000 ~1000 389300 SERVICES-PUBLIC SAFETY-AMBULANCE FEES SERVICES-PHYS ENVIRONMENT-GARBAGE/SOLID WST SERVICES-PHYS ENVIRONMENT-WATER/SEWER COMBIN SERVICES-TRANSPORTATION-AIRPORT INTEREST EARNINGS OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN NONOPERATING-GRANTS AND DONATIONS-STATE 11 Amount 3,096,188 11,891,753 33,700,899 566,088 5r761.422 25,193 3,990,413 477,778 59,509,714 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES '1995-96 REPORTING ENTITY: Collier County, Florida ID NUMBER: REPORTING FUND GROUP: Enterl3dse Funds EXPENDITURES AND OTHER DEBITS (51~ THROUGH 592) 11 Account No. Obje~ Description 526 10 526 30 534 10 534 30 536 10 536 30 542 10 542 30 517 70 581 90 590 90 PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES PERSONAL SERVICES OPERAT!NG EXPENDITURES/EXPENSES DEBT SERVICE OTHER USES OTHER USES Amount 5,197,930 2,448,613 394,494 12,073,880 6,532,618 19,569,397 320,120 555~685 6,934,547 729,785 180,370 54,937,439 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Count7, Flodda REPORTING FUND GROUP: Internal Service Funds ID NUMBER: REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) 11 Account No. Descflptk~ SERVlCES-GEN GOV'T-INTRNL SVCS FEES & CHRGS INTEREST EARNINGS DISPOSITION OF FIXED ASSETS INTERFUND TRANSFERS IN Amount 21,554.992 642.019 123,564 47,900 TOTAL REVENUES AND OTHER CREDITS 22,368,475 FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Florida REPORTING FUND GROUP: Internal Service Funds ID NUMBER: EXPENDITURES AND OTHER DEBITS (~'I1 THROUGH 592) 11 Account No. Object 519 10 519 30 590 90 Description PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES OTHER USES Amount 5,133,863 14,539~ 192 200~000 19,873,055 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Count,/, Florida ID NUMBER: REPORTING FUND GROUP: Fiducia~ Funds - Expendable Trusts REVENUES AND OTHER CREDITS (3f1.000 THROUGH 390.000) Account No. 315900 -- 329000 341750 351000 359000 364000 381O0O Description FRANCHISE-FEES OTHER ~3THER ~ICENSES, FEES AND PERMITS SERVICES -GEN GOV'T-ClRCUIT COURT FEES SERVICES-HUMAN SVCS-ANIMAL CNT & SHLTR FEES FINES-JUDGEMENTS AND FINES FINES-OTHER FINES AND/OR FORFEITURES INTEREST EARNINGS DISPOSITION OF FIXED ASSETS SALES OF SURPLUS MATERIALS AND SCRAP CONTRIBUTIONS AND DONATIONS FROM PRIVATE SRCS OTHER MISCELLANEOUS REVENUES INTERFUND TRANSFERS IN 11 Amount 446,493 9,334 111,015 !9,032 664,702 107,947 16.290 6,753 12.549 187,552 3,093,208 TOTAL REVENUES AND OTHER CREDITS FORM DBF-AA-403 4,676,417. FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Counb/, Flodda ID NUMBER: REPORTING FUND GROUP: Fiduciary Funds-Expendable Trusts EXPENDITURES AND OTHER DEBITS (5'/'/THROUGH 592) 11 Account No. Object, ,Description 516 10 516 30 516 60 521 30 521 60 541 30 541 60 562 30 571 30 571 60 581 90 PERSONAL SERVICES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OPERATING EXPENDITURES/EXPENSES OPERATING EXPENDITURES/EXPENSES CAPITAL OUTLAY OTHER USES Amount 1,281,183 1,600,547 131,945 347,828 363,163 52,350 214,374 33,326 6,4OO 15,801 573,981 4,62O,898 TOTAL EXPENDITURES AND OTHER DEBITS FORM DI~F-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: Housing Finance Authority - Component Unit REVENUES AND OTHER CREDITS (311.O00 THROUGH 3gO.O00) Account No. Description Services-Other Charges Interest Earnings Other Miscellanous Revenues 11 Amount 10,431 1,209 2,000 TOTAL REVENUES AND OTHER CREDITS 1 13,640 FORM DBF-.~ '-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: Housing Finance Authority - Component Unit EXPENDITURES AND OTHER DEBITS (5f'~ THROUGH 592) Account No, Object Description 554 3O Operating Expenditures/Expenses 11 Amount 538 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 538 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES t995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: Industrial Development Authority - Component Unit REVENUES AND OTHER CREDITS (3~.000 THROUGH 390.000) Account No. 3490OO 3660O0 Description Services-Other Charges Interest Earnings 11 Amount 36,312 93 TOTAL REVENUES AND OTHER CREDITS 36,405 FORM DBF-AA-403 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES '1995-96 REPORTING ENTITY: Collier County, Flodda ID NUMBER: REPORTING FUND GROUP: Indus~al Development Authority- Component Unit EXPENDITURES AND OTHER DEBITS (5'i'~ THROUGH 592) Account No. Object Description 552 30 Operating Expenditures/Expenses 11 Amount 34,544 TOTAL EXPENDITURES AND OTHER DEBITS FORM DBF-AA-403 34,544 TO: FROM: SUBIECT: DATE: ~[EMORANDUM Timothy L. Hancock Chairman, Board &County Commissioners Jerre Salmon Ana~ Senior Human Resources Weekly Report - County Manager Recruitment April 7, 1997 RECEIVED APR 7 1997 Boaro ot County Coemissioners Commissioner Berry has kept me informed on the work she is doing to make our schedule ofevents for County Manager candidates a bit wanner and more hospitable. Concerning the Reception scheduled for Wednesday, April 23, 1997, present plans call for a Wine and Cheese Reception in the lobby of the Phil from 5:30 to 7:00 PM. Commissioner Berry is working on lining up sponsors to cover the cost &about $1300 to $1500. Any cost to the County will be small - not more than a few hundred dollars. She feels that the ! 8 people shown on the attached list should be invited. Add five Commissioners, three Division Administrators (counting Leo Ochs as a Candidate instead of a Division Administrator), four Candidates and you have a total of 30 people. With spouses we are talking about 60 people. To allow for some public attendance, we will need to add probably 25 to 40 more. In addition, Commissioner Berry has gotten the Chambers of Commerce from Immokalee, Golden Gate, Everglades City, and Marco Island to each donate $50 to help defray the expense ora luncheon at 12:30 PM at the Museum on Wednesday, April 23, 1997. Two representatives will attend from each Chamber plus the five C.o. mmissioners and the four candidates.~ County c~pense for lunch will be about $150. "' -----' ~DC/Naples Chamber will put on a breakfast. I don't At 7:30 AM on the same cT'a~i~' have any further information about the breakfast at this time. The other schedule change is the insertion of a flight in our helicopter for the external candidates at 3:30 PM on Wednesday. This will allow us to show them a lot &territory and many County facilities in a short period of time. In light ofthe motion made at your meeting on Tuesday, April 1, 1997, for a 7:00 Reception at the County Museum and a very limited invitation list, it would appear that a new motion will be necessary for tomorrow. Attached is the latest invitation list. These invitations will need to go out right after your meeting tomorrow. We have completed the video taped interviews of Mike McNees and Leo Ochs. The tapes ofall four candidates will be shown during the week of April 14's. I mistakenly told you that it would be the week of the 7~. Attached is the schedule for those broadcasts. Finally, I want to let you know that Hector Rivera called today to say that he has been offered a position as the City Manager of'Falls Church, VA. He expressed some interest in it. I suggested that he ask them if'he can delay his response until after April 29, 1997. He has some concerns about asking them to do that, and isn't sure that they will wait that long. The salary offer is $96,000 plus perks. It is a possibility that he will accept their offer and withdraw as one of our candidates. cc: Mike McNees, Acting County Manager Leo Ochs, Support Services Administrator Jennifer Edwards, Human Resources Director ~ITIZEN$ SCREENING COMMITTEE MEMBERS Mr. Nick Carsillo 491 Maunder Court ]SLqrco Island, FL 34145 Mr. Don Herman 4351 Gulf Shore Blvd. N., 84 Naples, FL 34103 Mr. John Passidomo 821 ~'~ Avenue, Suite 201 Naples, FL 34102 Mr. Gary Wrage Florida Community Bank 1400 N. 15' Street Immokalee, FL 34142 Mr. Don York Community Bank SIS0 Tamlami Trail North .Naples. FL 34103 ..... Sheriff's Office Sheriff Don Hunter 3301 Tamiami Trail E Buildlng J Naples, FL 34112 Collier County Tax Collector Honorable Guy L. Carlton 3301 Tamiami Trail E Building C-I Naples, FL 34112 Property Appraisers Office Mr. Abe Skinner 3301 Tamlami Tra~ E Building C-2 Naples, FL 34112 Clerk of the Circuit Court Honorable Dwight E. Brock 3301 Tamiami Trail E Collier County Court House 3301 Tamiami Trail E. Naples, FL 34112 Ms. Mary Morgan 4312 Parrot Avenue Naples, FL 34112 Collier County Attorneys Office Mr. David C. Weigei 3301 Tamiami Trail Administration Building Naples, FL 34112 Airport Authority Mr. John Drury 2800 N Horseshoe Drive Naples, FL 34105 City of Everglades Mr. Sammy Hamilton Jr. P.O. Box I I 0 Everglades City, FL 34139 MARICOPA Mr. W. Neil Dorrill 10621 Airport-Pulling Road #1 Naples, FL 34109 City of Naples Mr. Btll Barnett '/35 8* Street South Naples, FL, 34102 Dr. Robert Munz 3710 Estey Avenue Naples, FL 34104 City of Naples Dr. Richard L. Woodruff 735 $'* Street South Naples, FL 34102 Edison Community College Collier County Campus Mr. Louis J. Traina 7007 Lely Cultural Parkway Naples, FL 34113 Florida Gulf Coast University Dr. Roy McTarnaghan i'/595 South Tamiami Ti'aH Suig200 Ft Myers, FL 33908-4500 INTERVIEWS TO BE BROADCAST ON CHANNEL 54 (Week of April 14-18) April 14---Monday 4:05 PM 8:05 PM April i S--Tuesday 6:05 PM 10:05 PM 4:05 PM 10:05 PM April 17--Thursday 4:05 PM 6:00 PM 10:00 PM April 18--Friday 4:05 PM 6:00 PM 8:00 PM RECEIVED APR 0 1 1997 HU~'J~ ~'~.-'" " ' r:CES EXECUTIVE SUMMARY RKCOMM£NDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER FOR APPROVAL A STIPULATED SETTLEMENT AGREEMENT I~ETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, COLLIER COUNTY, FLORIDA, HARBOR DEVELOPMENT, INC., AND FAKAHATCHEE RESOURCES, INC, FOR THE PURPOSE O1: SETTLING FLORIDA LAND AND WATER ADJUDICATORY COMMISSION CASE NO. APP.96.015 IN WHICH I~RKLIMINARY SUBDIVISION PLAT APPROVAL (RESOLUTION NO. 96-28) FOR THI~ FAKAHATCHEE SINGLE FAMILY SUBDIVISION AT PORT OF THE ISLANDS BY THE COLLIER COUNTY PLANNING COMMISSION WAS CHALLENGED FOR FAILURE TO MEET THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN REGULATIONS FOR SITE ALTERATION. OBJECTIVE: To approve a Stipulated Settlement agreement between the Florida Department of Community Affairs (DCA), Collier County, Florida, Harbor Development, Inc. and Fakahatchee Resources, Inc. to settle Florida Land and Water adjudicatory Commission Case No. 96-018. CONSIDERATIONS: On August 15, 1996, the Collier County Planning Commission approved the preliminary subdivision plat for the 35 lot Fakahatchee Single-famUy Resort at Port of the Islands. The proposed 184 acre project contemplated 35 single family homes, each on a minimum 5 acre lot served by Port of the Islands water and sewer service. The site is zoned Agriculture with the Area of Critical State Concern (ACSC) overlay. In recommending approval of this project, Collier County Planning Services staff interpreted that lhe property owner could alter 10% of lhe undisturbed areas of the project site, while the DCA has ruled that cumulatively, only 10% of land under common ownership may be disturbed in the ACSC overlay area. Staff advised the DCA that such a l~nding would essentially prohibit otherwise lawful land subdivisions and single-famUy home construction in accordance with County Code. In November, 1996, the DCA informed Collier County that it did not concur with its interpretation concerning the 10% alteration requirement and formally filed an appeal under Section 380.01(2), Florida Statutes. The DCA challenged the PSP approval, which would have authorized greater than 10% (18.3 acres) of site alteration on the 184 acre tract. In negotiations between :he property owner and the DCA. the original development plan has been modified to move the access road and building sites closer to th: :.-:.:.:t!.% F Union Canal and previously altered portions of the site in order to red ice undistud~d portions of the siie. The revised master plan attached to the settlement a~recmeat retains the originally intended 35 single.family lots; however, the site alteration is limited to approximately 18.3 acres. Should the Board of County Commissioners concur with stalTa recommendation and approve the attached stipulated settlement agre~-'ment, the Planning Commission will be required to amend the orii;inal preliminary plat within 60 days to reflect the revised developrnem plan and development conditions. The DCA alP'ecs that within 5 days of r~.~pt of' the executed settlement agreement they shall 6la a notice of' volumary dismissal of this appeal. FISCAL IMPACT: Approval of the stipulated settlement agreement in lieu of' participating in a hearing before a Florida Land and Water Adjudacatory Commission administrative law judge will save in excess of $10,000 in legal fees to Collier County. Additionally, the approval of' this agreement will avoid expense, delay and uncertainty of' litigation. Costs associated with the amendment to the preliminary subdivision plat shall be borne by the property owner. GROWTH MANAGEMENT IMPACT: The ori~nal preliminary plat and the proposed settlement agreement reflect a development scheme which is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Stipulated Settlement Agreement and forward it to the Florida Land and Water Adjudacatory Commission for approval. Prepared by: DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR AGENDA II'EM No. AF/ 0 d 1997 pg., o~ Iv, A{uow~ M. STLrO~N'r AS$ISTA.NT CO~ ATTORNEY VINCENT A. CAUTERO, ADMINISTRATOR COM]VfUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Approved by: COUNTY ATTORNEY STATE OF FIA3RIDA ~ AIV'D WATER ADJUDICATORY COMMISSION DEPAR~ OF CO~ AFFAIRS, Petitioner, HARBOR DEVEXX)~, INC., Developer;, FAX~n&TCtIEE RESOURCES, INC., Owne~ and COIJ..X]~ COUNTY, a political subdivision of the State of Florida Respondents. Cas~ No. SETTLI~VI]r. NT AGRE~ This Agreement i~ entered into this day of ,,,, 1997, between Petitioner Department of Community Affairs and Respondents Hadx)r Development Inc.; Fakahatchee Resources, Inc.; and Collier County. ~, Respondent Harbor Development Inc. 0-Iarbor), is the developer of certain real property (thc 'Property') in Collier County, Florida, consisting of approximately 184.33 acres as depicted on Exhibit A, within a development known as Port of thc Islands. WHEREAS, the Property is loc~ted in the Big Cypress Area of Critical State Concern (ACSC); and WHF=RF. KS, Respondent Fakahatchee Resources, Inc. O::akahatchee Resources), is the owner of the Property; and III1~.1,1 I AGENDA ITEM. No.~ ~, l~iitiouer I~ent of Community Affairs (DCA) is thc a~mIe land planniu~ Mency with the duty and authority to adminis~r the provLmion$ of Chapter 380, Florida $~atutem (F.S.), and rules adopted fi~reunder, includin~ th~ ~ules relating ~o the Big Cypress ACSC; mud ~, Rtmpoud~ Collier County (County) is respoasibl~ for permitting developmeut within uuincorpo~ ~ of the County, including the Property; and ~, on Augumi 15, 1996, the Flauning Commission of Respondent Collier County approved, with coudifions, a preliminary ~abdivision plat for the Property in CCPC Resolution No. 96-28; and ~, on November I, 1996, the Depa~ment of Community Affairs (DCA) appealed the approval of the preliminary subdivision plat for the F~operty pursuant Section 380.07(2), Florida Statutes (Y.S.), challenging the approval on certain grounds; and WHEREAS, the Respondents dispute the allegations made and conclusions set forth in the DCA's appeal; and ~, to avoid the expense, delay and uncertainty of litigation, it is the desire of the panics to ibis Agreement to settle all maHer~ in dispute in the above-referenced litigation by the terms of this Settlement Agreement. NOW, ~ORE, for and in consideration of the mutual covenants and agreements contained herein, {he parties to this Agreement hereby agree ,,~ follows: 1. The foregoing recitals are adopted and agreed to. 2. The DCA has the authority to enter into this Agreement pursuant Io Section 380.032(3), F.S., and the DCA agrees that this Agreement is in the bes! interus! of the Stale and AF, 0 u P{. ~ will effectuate the provisions and purposes of Chapter 380, F.S., and the rules adopted thereunder, including Rule 28-25, Florida Administrative Code, which governs development in the Big Cypress ACSC. 3. The County has the authority to enter into this Agreement, and its execution of this Al~mement also constimtos an acknowledgement that all necessary prerequisites, including any requLred notice and hearing by the CoEier County ~ of County Commissioners have been ~atisfied. The County agrees that this Agreement, including the revised preliminary master plan in Ex, bit A hereto and the supplemental development conditions in F.x~bit 13 hereto, is consistent with ali applicable provisions of the County's Comprehensive Plzn and Land Development Regulations. 4. The CoLLier County Board of County Commissioners, concurrently with and by execution of the Agreement, hereby dLrects the Collier County Planning Commission, within no more than 60 days of the effective date of this Agreement, to amend the preliminary subdivis:.~n plat for the l:'ropeny in CCPC Resolution No. 96-28 by (a) substituting the revised preliminary master plan attached hereto as Exhibit A for the previously approved plan and (b) adding new development conditions attached here:o as Ex, blt B. Except to the extent that they are modified or superseded by the provisions of this Agreement or Exhibits A or B hereto, the terms and conditions of CCCP Resolution No. 96-28 shall remain in fuU force and effect. 5. T'u~e is of the essence. If this Agreement is not approved by Collier County by April 8, 1997, and the DCA, Harbor and Fakahatchee Resources, within no more than 15 days of its execution by CoLUer County, then it sh;tll be deemed revoked and of no further force or effect. 3 AGENDA IIEM. No. ~ AFR 0 ~ 1~t37 6. The DCA agrees that, within five (5) d~ys of receipt of' a fully execut~ ~~t ~ ~y ex~ ~nte~ of ~e A~mcnt, it w~ F~e a n~i~ of volun~ d~mt:~ of this ~ wi~ p~ju~ with ~e ~o~ ~d ~d ~x~r Adju~to~ Commission ~WA~. ~e ~A ~er a~s ~t it w~ not a~ ~y ~~ ~i~sion p~t ~~ f~ ~e ~~ ~t ~ ~cnd~ ~ ~ by ~ph 4 of ~s s~ent to ~n~ ~i~ A ~ B ~ch~ he,to. ~e ~A ~ a~s ~ to obj~ to, ~k m ~ndition, ~ ~, ~ on ~e ~nds it ~i~ ~ ~s ~, ~y ~her d~el~ment ~v~s or env~~ ~its for the ~y ~at ~ ~bs~vely ~nsi~ent wi~ the ~e~ p~~ ~iv~i~ p~t ~d devel~ment conditions ~n~ ~ ~bits A ~d B hero. 7. ~e ~ies ~g~ to m~e whatever jolt ~gs with ~WAC t~t ~ n~es~ to abate the~ p~gs ~nd~g dismis~l ~d to b~g ~s ~ to ~ te~ation. 8. ~s A~t ~d its te~s may ~ e~o~ by ~y ~y to the A~ment by r~g ~ a~ion for e~o~ement ~ the C~it Court for Co~er County for d~l~to~ or ~jun~ive ~ef. 9. ~s A~ent sh~ ~ nuU ~d void u~ess ~WAC or the S~ of ~WAC enten a f~ o~r of dismis~ ~ ~ No. ~-9~I 8 with p~judice wit~ 45 ~ys of the ~U ex~ution of t~s A~ment, without ~e hold~g of ~ ~idenfi~ h~g ~u~t m S~tions 120.569 ~d 120.5~, F.S., ~d without ~her sub~tive tc~s ~d conditions. 10. ~e ~s ~d conditions of t~s A~ment sh~ enu~ to the ~ne~t of ~d ~ b~d~g u~n the succes~ ~d assigns of the ~ies. F~tch~ ~u~es sh~ ~o~ a I I 4 AP~ 0 ~ 19~7 P~o "7 notice of chis Agreement ir~licating wher~ it can be cxamined in the Official Records of CoUier County within 1S days of the entry of the f'mai order of dismissal of this ~ by FLWAC. 11. This ~eut iffects the fights and obligations of the paflies under Cha~er 380, F.S. It is noi ~ to de~'mine or enforce the authority or dcc/siofls of ~y other federal, rote, r~gional or local government or agency in the issuance of any permits, appwvals be required by law for any development permitted under this or determinations that may A~ent. 12. This Agreement is the entLre Agreement among the parties. No verbal modLfication is effective unless agreed to by written amendment to this Agreement by the parties hereto. 13. 14. Each party shall bez: its own attorneys' fees and costs in this proceeding. This Agreement shall become effective upon the date of the ~ pazty signs and acknowledges the Agreement. This Agreement may be executed in multiple counterparts and each counterpart deemed an original. IN WITNESS WHEREOF, the parties, by and through their undersigned duly authorized representatives, have executed this Agreement on the dates set forth below. AGZNDA ITEM NO.~ APR 0 u ,937 Assbmnt General Counsel DEPARTMENT OF COMMUNITY AFFAIRS By:_ Title: A CKNOV~ .F'/) GRYEN'I'S STATE OF FLORIDA ) COUNTY OF ) 'l'ne for~,oing instrument w~ acknowledged befor~ me this d~y of .., ,., of DEPARTMENT OF 1997, by , [u~ne of officer or agent] [title of officer or agent] CO~ AFFAIRS, on behalf of the DEPAR~ OF COMMUNITY AFFAIRS. He/she is personally known to me or has produced as identification and who did [did not] take an oath. [type of identification] Notary Public [Name of Notary, typed, printed or st.xmped] [Serial number, H' any] AGENDA I~kRBOR D~O~, INC. By: Title: AC~O~.~GMENTS STATS OF FLORIDA ) CO~ OF ) The foregoi~ instrument was acknowledged before me this day of , 1997, by , , of HARBOR [name of officer or Ment] [title of officer or agent] DEVI/LOPMtiNT, INC., on behalf of HARBOR DEVELOP, INC. He/she is person~y known to me or has produced ~ identification and who did [did not] take an oath. [type of identification] Notary Public [Name of Notary, typed, printed or stamped] 7 [[ ,,. FAKAHATCTn~ RESO~, INC. By: ACKNOW~KDG~ STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997, by , , of FAKAHATCHEE [name of officer or agent] [title of officer or agent] RESOURCES, INC., on behalf of FAKAHATCHEE RESOURCES, INC. He/she is personally known to me or has produced as identification and who did [did not] ta~ an oath. [type of identification] Notary Public [Name of Notary, typed, printed or stamped] 8 AGENDA ITEI~L ~il Pg., Il day of ,1997. ATI'F. ST: BOARD OF COUNTY COMIV~SIONERS COLLIER COUNTY, ~'I. ORIDA DWIGHT Il. BROCK, Clerk By:_ TIMO'IHY L. HANCOCK, Chainn~ Approved a~ to form ~nd lek, al sufficiency: lVi~r[{-M. Student Assistant County Attorney 9 AO~'NDA ITEM. No. I&Cc~E,'~ ~. ,~ 0 o '~37 pg. I ~- 'AGENDAITEM. ~ No. ~~i ~,.'.~ ~ o E~'mlT B Preliminary Subdivision Plat Approval Conditions To Be Added To Those Contained In CCPC Resolution No. 96-28 As Approved On August IS, 1996 16. The total altered, unre~ored area on thc platted property shall be limited to 18.43 acres and development thall be carried out in accordance with the revised preliminary master plan attached hereto. The term *altered" shaU have the meaning contained in Rule 28-25.003('/), Flodda Administrative Code (199'T). 17. The proposed residential development on thc phtted property shall be served by cent~ sewer service and the use of septic tank systems shall lac proMbitcd. 18. Petitioner shall restore the areas designated on the preliminary ~ubdivision plat as °axcas to be restored' as follows, unless otherwise required by the appropriate envirortmental permitting agencies: Restored areas shall be lowered to their pre-disturbance elevation, as determined by thc South Florida Water Management District, and restored to their native ground with abutting native growth. Restoration shall include removal of exotic cover consistent vegetation. 19. The Petitioner and/or the Property Owners' Association emblished for the Propc~y shall carry out required restoration activities, unless otherwise rcquLred as a result of environmental permitting. 20. The entity responsible for the requLred restoration shall conduc~ ~11 restoration activities on the entire phtted property either at one time or in up to three phases. Restoration shall occur, at a minimum, on an acre-for-acre basis for any newly disturbed area. The f'mal IIIIC.I.B AGENDA i'[EM 0 1997 pg., plat tpproval shall ~ablish the required timing of restoration activities cons~ with these provisions. 21. The tuld e~ of the main access ro~d shown on the revised preliminary plat sl~ll b~ governed by recorded deed restrictions. Such restrictions shall limit the total ~ disturbed on each pl~ted hom~ite Io~, including housepad, driveway and optional b<n. rdwalk, to 11,761 squa~ feet and the total impervious ~ on each platted homesite Icc to 5,551 square fee~. The restrictions shall provide that disturbed areas will be elevated in accordance with any ~q~pLicable permitting requirements and only the disturbed ~ may be sodded. The platted home. site areas outside the disturbed areas shall ncc be sodded, elevated or otherwise altered except as requited for the restoration described in Condition 18 or by the environmental permitting agencies. Prior to final plat approval, the Petitioner shall furnish evidence to the County and the Florida Department of Community Affairs that these requirements also been imposed on the platted lots by deed restrictions or similar r~strictive covenant mechanisms. 22. The land west of the main access road shown on the revised preliminary subdivision plat shall not be developed and shall be placed in a perpetual conservation easement similar to that set forth in Section 704.06, Florida Statutes, unless otherwise required as a result of environmental permitting. At a minimum, such easement shall be an undivided property interest running with the land and granted in favor of Collier County and the South Florida Water lVianagement District, which shall have no duty to maintain this area. The Proper~y Owners' Association shall have the duty to remove exotic vegetation on this land for a period of two yeats after the easement is recorded, unless this land is conveyed to another entity assuming such responsibility or otherwise required by the environmental permitting agencies. AC~ENDA ITF..M. No. r .' .-, 0 Pa .... iq, spplic~ion for the property, '.he l~tifioner shall give sgrdce Io ~ of the ~ of Communit7 Affah's, Big C),prcss Basin BoLd L, Jd South Flofid~ Wa~ ~ Dim'k~ of · meeting to discur~ road design. A permit pr~-applicatiou me~ng may be reed for thLm 3 EXECtJTIVE SUMMARY PETITION AV 96-033, JOHN W. FAGER AND CHARLES W., MARTHA, MARK AND DARLENE MILLER, OWNERS, REQUESTING VACATION OF ALL PUBLIC INTEREST IN A PORTION OF A SIXTY FOOT (80') ROAD RIGHT-OF-WAY KNOWN AS 1011~ STREET NORTH, PLATTED AS FIRST AVENUE ON THE PLAT OF BAD AXE SUBDIVISION, PLAT BOOK 4, PAGE 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ~: To approve the Resolution for the vacation of a segment of 10~ Street North. CONSIDERATIONS: A petition was received by the Transportation Department from John W. Fager and Charles W., Martha, Mark and Darlene Miller, ownem, requesting the vacation of the public interest In a portion of the public right-of-way known as Tenth Street North, south of Michigan Avenue, as shown on ~ attached map. The portion of 10~' Street North for which vacation is sought was never constructed. Mr. Fager has mowed and maintained the unused right-of-way for 41 years and wishes to plant trees within the right-of-way. The road was dedicated to the Public via the plat recorded in 1953. Letters of No Objection were received from all authorized user ~2endes. Transportation ha~ reviewed the petition and has no objection to the vacation. ~..j~: Not applicable. GROWTH MANAGEMENT IMPACT: Not appr~cable. RECOMMENDATION: That the Board approve the Resolution for the vacation, authorize the execution of the Resolution for same by its Chairman, and direct the Clerk to advertise the adoption of the Resolution within 30 days and record a certif~K! copy of the Resolution, proof of publication of the notice of the public hearir~j, and proof of publication of the notice of adoption in 'he Public Records of Collier County. Florida. EngiQ~--er I ~ David F. Bobanick InteR Transportation Director Rayme6d W. Mi er, P.E. Interim Public Works Administrator DATE: ~-/~ 9'/ DATE: DATE:?/? ~7/~7 RDM/GFNmk/21997/ES AV 96-033.doc APR 0 8 1997 I RESOLUTION NO. 2 3 PETmON AV g~-033, JOHN W. FAGER AND CHARLES W.. 4 MARTHA. MARK AND DARLENE MILLER. OWNER. 5 REQUESTING VACATION OF ALL PUBLIC INTEREST IN A 6 PORTION OF A SIXTY FOOT (60') ROAD RIGHT-OF-WAY 7 KNOWN AS lOTH STREET NORTH. PLATTED AS FIRST 8 AVENUE ON THE PLAT OF BAD AXE SUBDIVISION. PLAT BOOK g 4. PAGE 10. OF THE PUBLIC RECORDS OF COLLIER COUNTY. 10 FLORIDA. 11 12 WHEREAS. pumuanl to Sec:licx~ 177.101. 338.09 and 336.10. Florida Statutes. John W. 13 Feg~' and ~ W.. Matl~. Mark and Darlene Miller. ownef'l, do he·by request the vacation of 14 i pcxllon of FIr~ Avaf~ue r~ shown on ff~ plat of Bad Axe Subdh4sto~ in Prat Book 4. Page 10. of 15 the Public Records of ~ Count. Florida; end 18 WHEREAS. ~ Board has Mil day held · public headng Io co·aider vacating · portion of 17 lald I~lat as mo~'e fu~ described below, and notice of said public hearing to vacate was given es 18 required by law; ar'.d 19 WHEREAS. the granbng of the vacation will not adversely affect Ih· ownership of right of 20 convenient ·cc·ss of Other property Owners. 21 NOW. THEREFORE. BE I1' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 22 OF COLLIER COUNTY. FLORIDA. thai the following be and II hereby vacated: 23 See Exhlt~ 'A' attached hereto and incorporated herein. 24 BE IT FURTHER RESOLVED. that Ih· Clerk Il directed to advertise the adoption of this 25 Resolutio~ ~ in · paper of general circulation in the County within 30 days following Its adoption. 26 BE IT FURTHER RESOLVED. THAT the Clerk Is hereby directed Io record · certified copy 27 of this Resolution. lite proof of publication of the notice of pul:Nit head·g, and proof of publication of 28 the notice of edopbcx~ of this Resolution in Ih· Pul~c Records of Collier County. Florida and Io 29 make proper notations of Ihil vic·lion on laid 30 This resolute:)· adogted after mot~q, second and majority vote favoring same. 31 DATED: 32 ATTEST: 33 DWIGHT E. BROCK. Clerk 35 37 38 Appn:wed ·s lo fom~ end 39 legal 41 _ . 42 Heidl F. Ashton 43 Assist·el Courtly Altec'ney 44 45 46 m3N.~,~022~w~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: TIMOTHY L. HANCOCK. Chairman APR U B 1997 EXHIBIT 'A" 2 Ct~ 2 PORTION OF BAD AXE SUBDMSION DESCRIPTION OF RIGHT OF WAY EASEMENT TO BE VACATED Commencing at the Northwesl comer of Seciion 22, Township 49 South, Range 25 East run South 1°-07' Ea~ along thc said sec~on line for 1185.15 feet to a point; Thence leaving said section liue ruu North 88'-59'-40" East along South Right of way of Iviichi~m Avenue for 400.00 feet to the Point of Beginning; Thence continue North 88'-59'-40" ~ for 60.00 feet; Thence run South 01'-07 East for 135.30 feet; Thence run South $9°-01'-30- West for 60.00 feet; Thence run North 01'-07' West for 135.26 feet to the Point of Beginning ofthe parcel herein demcn'bed. Containing 0.186 Acres more or less Sheet: 2 of 2. OR: 2143 lin _ pt%ltion petittonec:~~ ~..~:~~ ~,~,~ho~,~~ Legal Description: Ad o~ ts 5 6 7 & . page (.) 10 plac ~ook ~ ~ - -- Curren~ CXmer ~!s. rk Miller tTtt l~rinc Name list of supportive macerial~ which ~unC accocpany this ~e~ltion, Transportation ~et-viceo Collier County Government Complex Telephone: (94~} beneffLciarta~. (2) It appticant ia n corporation other than m public corporation, indicate tl~i name of otticar~ and stocklloldiri. (3) It nppX$cmn~ $i a partnarch~p, limited partnership or o2hnr (4} ~lmC ail c:hcr ~wnera. **We will ~e over ~nten~ce ~d thereby ~ve the apiece of t~es f~ ~he :orion. APR U 8 1997 pz'r'f'r'fo~ Fo~4 yol~ vxex,~Io1~ o! Date ~eceived:. Address: City/Stats: kqent: ~drsSS: Cit./State: petition l:~V- Zip Cods:~ ~lat nook ~ ~ag.(.) ID n. ason for nec~e.t: t~tLb I~.~gJL ~ ~ ~ k ~hO ~ ~ent Zoning: ~ Does this a~f.~ density? _ ~0 Yes ~o X ~iqnal~re o~ Petiti~ner ~Tltle) Print Name Please sam 'Polic~ and Procedure of Vacation and Annulment" ~or the list of supporters materials vhich Bust accompany this petition, and deliver or Bail to: Transportation Services Collier County Government Complex Naples, FL 33962 ?elepho~e: (941) 774-8494 *(1) If a~plicant is · land trust, indicate the name of beneficiaries. (2) ~ applLcant is a corporation other than · public corporation, lndicats the name of officers and major (3) stockholders. I~ applicant is a partnership, limited partnership or other business entity, indicate the naris of principals. List all ocher owners. Page 4 of 4 COMML'N'ITY DEVELOP~ AND D~qRONMENTA~, SERVICES DIVL~;ION 2800 N. HOP, SF..$HOE DRIVE NAPLES, FL ~104 August 15, 1996 Mr. John Fager 1000 Hichtgan Avenue Naples, FL. 34103 RE: Vacation of Right-of-Way Dear Mr. Fager: This office has reviewed your request to vacate ~ portion of the 10th Street Right-of-Way end offers the following. We have no objection to the vacation of that portion of Right-of-Way between Lot 1, Block C, and Lot 8, Block B in Bad Axe Subdivision, and labeled as First Avenue on the recorded plat of Bad Axe Subdivision. There are no .drainage facilities or apparent need for an easement within the unconstructed Right-of-Way. If I can be of any further assistance to you in this regard, please let me know. John R. Houldsworth Senior Engineer cc: Russ Huller, Transportation Services PUBHC WQRKS DMSION August 23, 2996 Mr. John Fager 1000 Michigan Avenue Naples, FL 34103 ~301 F.. TAMIAMI TRAIL NAPt.ES, R, ~x 3 4 ll2 (941) 7~2.257S IAX (94~) ?:~2.2S2~ Vacation of road right-cf-way: 10th Street, south of Michigan Avenue in Bad Axe Sub~ivielon, abutted by parking lot, apartments and a house. Dear Mr. Fagsr: This office has reviewed your request to vacate the above referenced road right-of-way. The Collier County Water-Sewer District hal no facilities in the and we, therefore, have no objection to the vacation of the road right-of-way. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cci Edward N. Finn, Public Works Operations Director Ruse Muller, Transportation Services APR 0 8 1997 COH-mR COUNTY GO NT DEVELOPMENT/uN'D WNVIRONMENT^L $£RVICES DIVL~ilON leldlnll ~ ~nd Ptn'nictinI (941) 64~4400 Cade ldeeteme,,c (941)64~4440 Natural Rg.m~,tes (941) Plsm~inI $es~,sres (941.) 64)-8~OO [llollutioe Cenu'el (9411 2800 N. HORSESHOE DRIVE NAPLES, FL ]4104 A CIIR'IIq~D ~l.b'l a. ln~ COedMIrNT~ August ! 6, ! 996 Mr. John Fager 1000 Michigan Avenue Naples, Florida 34103 RE: Vacation of road right-of-way: I0* Street, south of Michigan Avenue, in Bad Axe Subdivision Dear Mr. Fager: This letter is in response to your request for a letter of no objection to the vacation of the road right-of-way on 10's Street, south of Michigan Avenue, in the Bad Axe Subdivis|on as indicated in your letter of August 8, 1996. Please note that this review is from a planning standpoint only. From the information provided, it appe:u's that the proposed right-of-way has never been 'used and the two bank parking lots block any possible extension 10's Street. Based on this information, the Current Planning StatThas no objection to the above referenced right-of-way vac.-,tion. If you have any questions concerning this matter, please do not hesitate to contac! my office at 643-8469.. Sincerely~~.o~. ~y eliows Principal Planner cc: Bob Mulhere AP~u81997 CollLer County Water J(anagement &ttentLo~t JohAH. Bold~ 3301 I. Tam£maL Tra£1 Tr~ut ~ohn Tiger 1000 Xichigan &venue Baplel, FL 34103 Vacation of road r£ght-of-wayz 10th Street, south of XXch£gan Avenue in Bad A~e lubd£vis£on, abutted by pLrk£ng lot, apaftmentl and · house. ! am ~eq~estlng a letter of "no objection" to the vaca~£on of the road r~ght-of-vay on lOch Street, Iouth o~ ~lch£gan Avenue, ~n Bad Axe lubd£Y£1£on. ThLI r~ght-of-vay has never been uled. #£th the Gulf COSlt ~at~onal Bank be£ng cons~Fucted on Tamlam£ Trail North and Cypress Woods Drive, two perking lots for the bank are blocking an~ pOll£b£11ty of extending 10th Street Iouth through C~fpresl Woodl lubd£v£1£on. Should you require additional £n£ormstion, please contac~c me a~ 261- 08S3. APR 0 8 1997 PG. /~ G P. O. lex 413013, Naples, FL 3:3~41.3013 August 21, 1996 John Fager 1000 MicMgan Avenue Napl~, Florida 34103 Re: Vacation of Road Right-of-Way at 10th Street, south of MicMgan Avenue, Bad Axe Subdivision, as recorded in Plat Book 2, Page 2, Colher County, Florida. Dear Mr. Fager. FPL has reviewed your request for a letter of "No Ojection" regarding the vacation of the road fight-of-way, as described in your letter dated August 8, 1996. The approval for the vacalion of this road right-of-way has been granted in accordance with the fullfillment of new easement requirements for our existing overhead electric facilities present at this location. Please be cognizant that any future development activity will not conflict with, alter, damage or reduce safety clearances to these existing facilities. Should you have any questions or concerns regarding this mat~er, please contact me az ( 941 ) 434-1281. Respectfully, · 5.W.Tynski · Distribution Designer Naples Operations / FPL APR 0 8 1997 n._/3 ,,, KSRrint ~4106o2477 August 13, 1996 Mr. John Fager 1000 Michigan Avenue Naples, Florida 34103 Vacation of Road Right-of-Way 10th Street, south of Michigan Avenue SEC 21 & 22 T~ 49S ~NG 25£ Dear Mr. Fager: In response to your inquiry of August 8, 1996, regarding the possibility of vacating the subject dedicated easement, this is to advise that Sprint/United Telephone-Florida will consider vacating said easement contingent upon the following conditions: 1. Re-dedication of suitable replacement easements by the property owner, at the direction of our Engineering Department, 9riot to the abandonment of the existing easement. 2. Receipt of a written agreement from the property owner to reimburse Sprint/United Telephone-Florida for all costs incurred for rerouting the existing cable plant and burial of new plant within the replacement easement. After the property owner satisfies the above conditions, Sprint/ United Telephone-Florida will commence preparation of a work order for relocation of the existing telephone facilities. Actual relocation of the existing plan= will occur approximately ninety days from the receipt of the written concurrence from the property owner. APR O 8 1997 _ Page Two August 13, 1996 Mr. John Fager If we can provide additional information, please contact me at (941) 263-6223. Sincerely, l.larle ~. Cro,~l:~' MWC/ns Enclosed you will find a copy ot`the Utility Easement ( '7 pases) r~quired to provide service to your property. In order to process this Utility Easement the following procedure must be followed: 2. 3. 4. 5. 6. 7. o 10. 11. 12. 13. 14. 15. 16. !?. 19. 20, 21, 22, 23 24 25 26 27 28. 29. 30. 31. 32. Date. Print proper~ owner's name and address. Section. Township. P,~nge. County where property is located. Legal Description of the property. If description is too long for space provided, please type, See Attached "Exhibit A' and attach copy of'legal description and mark it "ExJ'u'bit A". Width ot`easement (To be filled out by this office). Work Order Number (To be filled out by this oHice). Date. Signature of'first witness, (required for I or 2 grantors). Print name ot`first witness. Signature of'second witness, (required for i or 2 grantors). Print name of'second witness. Signature ot`property owner. Print name of'property owner. Address ot`property owner. Signature ot` property owner Lit' more than one owner). Print name ot`property owner (it` more than one owner). Address ot`second property owner. State. County. Date. Print name(s)'of property owner(s). Type of'identification. Signature of person taking acknowledgment 0Votary's signature). Notary Name (Typed, printed, or stamped). Title or rank of'notary. Serial Number of notary (if any). Signature ot`englneer. (To be filled out by this office). Print name ot`engineer. (To be filled out by this or, ce). Address of'engineer. (To be filled out by this off]ce). 1. Owner's rdme ~Agcnt name or Corpo~e nLme). 2. Owner's rnt~S 3. Owner's phone Shoulcl you hav~ shy further questions, please contact this ot~ce. 2 APR 0 B 1997 Easement. to be (8) /o feet. in w~dth tnd the l.ength and db'ection to be de, ed by Cddted Telephone Compaz~y of Florid, or Central Telephone Company of l:lotida) Work Order # (9). ('T. asernent Area"). The rights herein lp'~ted to ~ by GRANTOR specifically included: (a) the right for GRA,NTE~ to patrol, inspect, alter, improve, repair, rebu~d, relocate, and remove said faci~ties: (b) the tight for GRA]qTEE to increase, decrease or change the quantity and type offac~ties: (c) the tight for GRANTEE to clear the Easement Area oftrees, ILmbs, undergrowth and other physical objects which, in the opinion ofthe GRA2qTEE, endanger or interfere with the t~e and efficient installation, operation or maintenance of said facilities: (d) the tight for ~E to trim or remove any timber adjacent to but outside the Easement Area which, in the sole opinion of (3RANTEE, e~dangers, obstructs or interferes with the safe and eR~clent installation, operation or maintenance of said faci']ities: (e) the reasonable right for GRANTEE to enter upon lands of the GRANTOR. adjacent to said Easement Area for the purpose ofexerclslng the rights herein granted: (f) the tights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through sald property to the fullest extent the GRANTOR has the power to grant, if at ali: and (g) all other rights and privileges reasonable, necessary or convenient for G~E'S sate and efficient installation, operation and maintenance of'said facilities and for the enjoyment and use ofsa~d easement for the purposes described above, GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. Iffences are installed, they shall be placed so as to allow ready access to G~E'S facilities and provide a working space. IfGRANTOR'S future orderly development of the premises is in physical conflict with GlLA24'~E'S facilities, GRANTEE shall, within 60 days after receipt ofwritten request from GILANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRA2~OR'S premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to G~E the full expected cost of the relocation as estimated by GRA~rI'EE, and Co) GRANTOR shall execute and deliver to GRA2~TEE, at no cost, an acceptable and recordable easement to cover the relocated faculties. Upon the completion of the relocation, the easement herein shall be considered canceled as to the portion vacated by such relocation. GRANTOR covenants not to interfere with G~E'S facilit~es within the Easement Area in GRA.NTOR'S premises, and GRANTOR further covenants to indemnify and hold G~E harmless from any and all damages and injuries, whether to persons or property, resuhing from interference with GRANTEE'S facilities by GILANTOR or by GR. ANTOR'$ agents or employees. APR 0 8 1997 P.O. Box 16:g)O0 . ,Mmmmm S~ ~ 32716 (Individual) their heb% successors and assigns CG~OR'), and (Un]ted Telephone Company of' Florida or Central Telephone Company ot'lqorldO, a Florida corporation, 555 Lake Border Drive, Apopkx, FL 32703, its successors, lessees and .~gns W1TNES~ that, for and in consideration of' SI.00 and the mutual ben.ts, covenanu and conditions herein contained, GRANTOR is seized in tee simple and in possesgon of'the land descn'bed in SEC. (3) RNG. (5) ~ ,i £ in the public records of' (6') Co 7- ! ;~ e r County, Florida,' and grants and conveys to GRANTEE, its licensees, agents, successors and Mggns, an easement to construct, install, operate improve and maintain in perpetulty or until the use thereof'is abandoned, such communications t'ac~ities, incidental equipment and appurtenances thereto as may be necessary or desirable for providing communication services or as GRANTEE'S business may from time to time require: said facilities being located upon, across, along, over and under the f'ollowin8 descn'bed easement area within GRANTOR'S premises to wit: LEGALDESCRI~TION: ,(7) Portion of lOth Street North, included in Bad Axe Subdivision, as recorded in Plat Book &, Page 10, of the public records of Collier County, located south of the south line of the Ntchigan Avenue right of way. GRANTO~ hereby wan~nts and covenznts (~) that GRANTOR is the owner of' the fee sL. nph title to the premises in wl~ch the above descn'bed Ea.semen~ Area L~ located, Co) that GRANTOR has ~ull tight and lawful authority to ~rant and convey this easement to GRAHTEE, and (c) that GRANTEE shall have qukt and peacdul possession, use and enjoyment ofthls easement. Ail covenants, terms, provisions and conditions hereln contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN wI'rN~SS WHEREOF, the GRANTOR'S hands and seals have been hereunto t~txedthls(10) 2& dayot' Septembe, r1996 . Any Addendum's attached to this Agreement shall be llmlted to legal descriptions, surveys or drawings unless prior approval has been received from COnlted Telephone Company of Florida or Central Telephone Company of Florlda) WITNESSESj / (Signed) (I$) ,_~~i~~ (L.S.) (Printed) (16) .1nh,, U. F.a_.r (Grantor) (Address)(17) 1000 l~lichiean Avenue Naplest FL 3&103 (Signed) (IS)L~/~,/'_/I_ ~(~~LM~.S.) (Printed) (19) Rebecca J.Fa~er(G~tor) (Address) (20).~nnn ~,-h~ 0_.,, Avenue Naples, FL 3~103 Th~ for~oln~ euernem ~ ~c,~iedg~d b~£or~ me t~ (23) ~ d:~ o~ of~n A~~n~). who is per~,dly kno~ ~o me or ~ho h~ (2S) F,~,. ~-~./?~.o (~ ofidentificatlon) ,s i~entifi~tlon ~ who (~d not) t~e ~ oath. Fz~. ~. -vF- Si~amre T~ng Acknowled~ent. o~Person ~ame o~Ac~owled~er ~e or ~n~Stampe~ (28) ~tle or ~nk (29) S~al Numb~ ~f ~y) Return to Engineer: NAMe: (30) (3]) ADDRESS: (32) (Signed) (Printed) :-:'. ~-.,.~t. ~.,,% t:a/11, IlgT. d~ :~m. ~In. CC ~5747 APR 0 8 1997 ,~._/I 2477 3.996 Mr. John Fager 1000 Michigan Ave. Naples, Florida 34103 Vacation of Right-of-Way 10th Street, south of Michigan Avenue SEC 21 & 22 T~ 49S P. NG 25E Dear Mr. Fager: In response to your inquiry of August 8, 1996 regarding the vacation of the subJec~ dedica~ed easement. Sprint/United Telephone of Florida has received the agreed ten foot easement within the above subJec~ proper~y and therefore agrees to ~he vacation of the road right-of-way. If X may be of any further assistance, please contac= ne at 263-5207. Sincerely, Project Engineer. APR 0 8 1997 t ~. ,~,~ QContinental Cablevlsion' No~l~ FL 33~1-3011 Phone: (941) 7rJ-9600 · Faz: ~1} 7~1317 August 28, 1996 John Fager 10OO Michigan Avenue Naples, FL 34103 RE: Proposed vacation of a portion of loth Street Right;of-way, south of Michigan Avenue, Bad Axe Subdivision, Section 22, Township 49 South, Range 25 East, Collier County, Florida Dear Mr. Fager: Continental Cablevision of Southwest Florida has no objection with the vacation of the above referenced road Right-of-way. Sincerely, NMM/jdr Collier County Govt. comtrex Bldg. - J 3301 Tamiami Trail, East, Naples, FL 33962 Telephone (AC 813) 774-4434 September 12, 1996 Mr. John Pager 1000 Michigan Avenue Naples, Florida 34103 Vacation of Right-Of-Way Plat Book 4, Page 10, Lots 1,2,3, Block C Bad Axe Subdivision Collier County, Flcrida Dear Mr. Pager= Staff has reviewed your request for a letter of "No Objection" for the above described project. The easement to be vacated, is as deecribed in your letter, and listed above. The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement ~ervices to the area. These services include emergency response, patrol, and traffic enforcement. So long a the vacation, either now or in the future, does not impinge on our abili=y =o deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:GY:Jhm cc: File-f&ger.l~ ff d Coll. i~ounty, Flori a WE SUPPORT WE SPONSOR 1000 Michigan Avenue Naples, FL 34103 P,.E: Vacation of road Right-of-Way 10th Street, South of Michigan Avenue Dear Mr. Fal~cr, The North Naples Fh'e Control and Rescue District bas no problem vdth doing ax'ay with the Right-of-Way at 10th Street, South of Michigan Avenue. Wc feel this would never be used anyway. Sincerely, Kenneth W. Rodf!e~s As~istan! Chief l',lorth Naples Fire Control & Rescue District KW1L'ksf .................... ,,~ i - -'1 IIII II ................ 1 $ P ft.t?..L~ ~b C 3 ~.5"75 'r'~ti~Mi -t"g.ix. tt. No 5utZ"Ft, ,45 tot~ c4,'R1~$$ c,joop.~ Dit. APR 0 8 1997 00920 ?0 COUNTY B~S F[~ 27 ~, 16 RECORD£D --~ lrALTElt ¢. SOITOKOTY (~TAtI~OKT IrO~-SKTlOIf 619.02 F.S.) [hi! Jn~tntu~r. ~.d, ~ 26th de, ol Februaz~ tl 85, Brlmtrn JOHN FAGER A/K/A JOHN W. FAGER, lJotned by his wife, REBECCA J. FAG'ER, ~ ~, Cevmv of Collier , SMM of Florida . statue,', JOHN W. FAGER ~nd ~BEC~ J. FAGER, flulblfld /fid Wife, if fn Estate By The Entirety, With ~ght of su~lvorship, ~ ~ C~ ef Collier . ~ of Flortdl 33940 , ........ ~N ~D O0/IO0 ....... thereof recorded In Plat Book 4, Page 10, Public Records of Collier County, Florida. 8UBJE~ to Ease~n~s, aestrtc=lons and Reservations o~ ~cord. Received $ · ~ D~ur, wnfo~ Slang Tax Collier C~, Florido ~h~ o~ Survivorship. ~ifltrSO ~llrrr,f. G,o..o, ho~ he,e~fo sef g,omo,'l hofld o~ frei ~ dOT e~ --- Rebecca D ..x~ag~l lSd'of) (S4,oI~ fSeol) STATE OF FLORIDA COUNTY OF COLLIER I H[~EeY C[~IIFY ~hef o~ ~h,~ day belo,e ~. off oH,ce, dvlv John rager a/k/a John W. Fager, ~oined by his wife, Rebecca J. rage~, ~ yetec~*ed e~ WlINESS my ~.d and off~,al Nar m f~ ~ounty and Stafe I L_ , 22??0240000 · 22??0280002 2072321, OR: 2199 2312 ~ m i.N Chirlll If. JLlller & No.ha R. Killer, husband ~n vith XarX I. ~ller & ~leae l. ~lller, ......... ~ & NO/~O0(SlO.O0) State of FLORIDA Count! of COLLI£R I H£~T C£RTIFT TI]~T this ts I true correct co~ of e ~:c'~tnt recorded tn the OfFiC!~L R[CG~S c~ Collier Cqunt~. gtte, - ' · ~:~q~,I wildroot, km-- ~ &,,--,-. b, k, dmdmdMtnM ~ IM *MM ~ ~'BAS.~'T OF TITE ~ ST).T-r.S OF A,%~E:RICA ~enaral Imbl£c bene£Lt reca£'eed from the propomed Owr £aatLly has s~o~eed and sm£ntained th£a rLqh~.-o£-.~ay for forty-one ~re. #a ~eould lake to contLnue ~ain~aAning ~he a.rea, Ancluding paying th~ county ta~es o£ the land. The apace ~eould also allo~ us to plant APR 0 8 1997 'gG l~:3t FROI'I COLLIER CHTY T~X COL. I- /~ ~ /"~ DEC 3t /., ' ,,~ ,/', · , ' ' _ ~ ,.., ~ ..~".~. -I- ' ' DO NOT DETACH .... ,m ., : ' ' r 11,: '"o -' "'" I~I~"~-~ ~:Z U'~ . '"~ h t?' ~1 ~ ~~r~ ~-; o----Il ~' II" ~.~ rU '"% ~ · == ,= l~.~~. = ~ ,,~,.~T'-'"- ~'_1 ~ P I~ ~ ~ ~. ~1 ~ I . _~_~_.? I m~_ Im I~ ~ ~ -~,,.~ I .... ~ ~ ~ ~,. I'd ~z~_, I ~-~ .~-~i~~. ~..~ :o ~ ~. I =<,=~ ~ ' I ~ ~~ ~ ~ ~ '~ I ... .~ ~.. .... ..._, ~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA ~962 /,~.., ~ 2_~.c .,,CK, O,a.~,.~.-?,---~ INVOICE NO. APH 0 8 1997 EXECUTIVE SUMMARY PETITION AV 97-001, W. TERRY COLE AS AGENT FOR OWNERS, JAMES AND MARY SILLOWAY, CASIMIR AND LILLIAN DOLEMBA, RAYMOND AND SHARON DEVITA, AND MATrHEW AND DOMENICA CRAIG, REQUESTING VACATION OF A PORTION OF A SPECIAL PRESERVE BLANKET DRAINAGE F. ASEMENT, AND PORTIONS OF A COM. IER COUNTY INGRESS/EGRESS EASEMENT LOCATED ON A PORTION OF LOT 20, BLOCK F OF THE PLAT OF QUAIL WEST UNIT ONE REPLAT, BLOCKS E AND F FIRST ADDITION, AS RECORDED IN PLAT BOOK 22, PAGE8 34-35, AND PORTIONS OF LOTS 9, 49, AND 52 OF THE PLAT OF QUAIL WES'T' UNIT ONE REPLAT AS RECORDED IN PLAT BOOK 21, PAGES 84-10~, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~,]E~]~: To adopt the Resolution for the vacation to allow petitioner to expand the buildable area of the lot. CONSIDERATIONS: Petition AV 97-001 was received by the Transportation Depadment from W. Ten7 Cole as agent for owners. James and Mar)' Silloway, Casimlr and Lillian Dolemba, Raymond and Sharon DeVita, and Matthew and Domenica Craig, requesting vacation of a portion of a special preserve blankel drainage easement, and portions of a Collier County Ingress/egress easement. The Quail West Development is located north of Immokalee Road as shown on the attached map. The easements were created by dedication on the plats and are dedicated to Quail West Foundation, Inc. and Quail West, Ltd. with maintenance responsibilities, and to Collier County with no responsibility for maintenance. The petitioner desires these portions to be vacated to expand the buildable area of these certain lots and has received a permit modification from the U. S. Army Co~s of Engineers. The remaining preserve areas will satisfy the 25% native vegetation retention requirement pursuant to the CCLDC. Letters of No Objection have been received from collier County Engineering Review Services, the Quail West Foundation, Inc. and Quail West, Ltd. The Transportation Department has reviewed the petition and has no objection. Zoning is PUD. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of county Commissioners approve the Resolution for Petition AV 97-001 for the vacation of the above-described easements, authorize the execution of the Resolution for same by its Chairman, and direct the Clerk to record a certified copy of the Resolution and make the appropriate marginal notes on the plats. PREPARED BY:~~i~~~-<.__ D. Muller REVIEWED BY: En~ ~-~ ~.. David F. Bobanick Inte[~ Transportation Director Rayn~nd W. Miller, P.E. Interim Public Works Administrator RDM,lm/02 $ 297/ES g7.0Ol.¢Xx: DATE: APR 0 8 1997 1 3 4 ? 8 10 13 14 1S 16 17 RE~LUTION NO. ~7- PETITION AV g7-001. W. TERRY COLE AS AGENT FOR OWNERS. JAMES AHO MARY $ILLOWAY, CASIMIR AND LILLIAN DOLEMB~ RAYMOND AND SHARON DEVITA, AND MATTHEW AND DOMENICA CRAIG, REQUESTING VACATION OF A PORTION OF A SPECIAL PRESERVE BLANKET DRAINAGE EASEMENT. AND PORTIONS OF A COLLIER COUNTY INGRESSJEGRE$S EASEMENT LOCATED ON A PORTION OF LOT 20. BLOCK F OF TI~ PLAT OF OUAIL WEST UNIT ONE REPLAT, BLOCKS E AND F FIRST ADOITION. AS RECORDED IN PLAT BOOK 22 PAGES 3435 ANO PORTIONS OF LOTS 9, 49. AND 52 OF THE Pt.AT OF QUAIL WEST UNIT ONE. REPLAT AS RECORDED IN PLAT BOOK 21 PAGES ~4-106 OF THE PU~JC RECORDS OF COLLIER COUNTY, FLORIO~ WHEREA~. pumuem Io Set, lore 177.101. Flmtda 18 ~.d~~~.~s~n~ ~~. R~~~, 21 ~ L~ ~. ~ F ~ ~ ~t ~ ~aH Weal UnH ~ Re~t. ~ ~ ~t ~ ~. ~, ~-35. e~ ~s ~ L~s g, 49 e~ 52 ~ ~ ~at d ~aR Welt U~.Re~t~~~t ~21, p~es~-l~. 24 ~. ~a; a~ 28 ~ER~. ~ ~nli~ d t~ vm~t~n ~ ~t ~ ~ N~, ~EREFORE. BE ~ RESOLED BY ~E BOARD OF ~U~ ~MISSIO~R~ 31 OF COLLIER COUP. FLORIDA. ~at t~ f~ ~ a~ ~ ~re~ va~led: 32 ~ E~ "A" a~d ~re m a~ ~m~ ~. 33 BE ~ FUR~ER RE~L~D. that I~ C~ ~ ~re~ dlm~ ~la R~n ~t~ a~er ~tlon, se~ and ~ ~e DATED: ATTEST DWIGHT E. BROCK. Cler~ 37 38 39 40 41 42 43 44 45 46 47 48 49 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Cl'mirn~n APR 0 8 1997 E:X~IBIT "A" 1 CXP 4 APR 0 8 I997 APR 0 8 1997 J:XBI~IIT "A" 4 (~ 4 I APR08 I997 L__.._ ~, ,etitionet (Ovner): ,a~,mbnd C~y/J~mtm~ Ge~man~o~n ~ TN Zip co~e,~ n: W. Tet~ Cole, Holei M6ntes dZeSi, 715 10th Street Sou:h ~,Xephono~~2 A617 Cia/litter ~aoIes ZIp CoOer 3a~o~ AdaFeas et Sub~sct Propo~y~ 5833 Glenho~me C~;gle . ~cat~on= Io~lon R ~o~Jhip Ju~v~l~Onf ~afl Vest Unft One. Reo~at ... Reason got Requests,. Vacation of Special Presets Easement (S,P.E.) ~9 cono~v vtth S~ And ~rxent ~oning: PUD agfe~ density? Z Mere~ Auth~lze Agent Above to Re~reeent Me for th~s Please see 'Policy en~ Prccadure og Vacation and Annulment" for petition, end de~lvar or ~&l! to: ~:tflspo~'.atLcn Services Collier County Government Complex ~ele;hone~ CJ4~) beneficiaries. corpora.ion, A~dica:e the name of ogf~ctrs and .a~or . stockholders. .(3) lg applicant is I partnership, limited partnership or (4) List all other pa~o 4 of 4 APR 0 8 1997 PG._ '7 Zip Codot~ ~rrent ~onlng:,, ~UU Doss this affi~ density? _ ~ ~treby A~h~Lzo ~ (T~Cle) Please see 'Policy and Prcctdure of vacation and Annulment" for Transpo~atlon Services Collier c=u~ ~overnuen~ Complex Naples, ~ 33~62 ~olep~one, (J4~) 774-8494 *(X) =f a~plicanC benoflciart~s. (2) If applicant lo I co~oratio~ othor than I public co~oraCion, Indicate the nano cf offices and na~or . s~ockholders. ,C3) It applicant is I partnership, limited partnership or o~er businoss entity, lmdicate the name ol principals. (4) ~A~ all Paqe 4 Of 4 APR 0 8 1997 PLAT AND S~M~LTANZOUS i~PP~AT] , Pat~oner{Owne=[~ Caslml~ & ~l£i&n D@~mba a~an~t V, Terr~ Colet Hole~ ~6nces & AssociaCes~ Inc. ~drlss~ 71~ 10~h Street Sou~h ~e~ophonot~2 ~617 ~iross o~ Sub, oct Pr~o~I 4468 Br~nvood Drive . ~fi% Dtmcription~ ~t~m...,..~. Slock ~ Unit f~v~f~ofl~ ~fll We~t Reolat , Plm~ ~ok. 2L ,,, Pago(a) _~-106 ~eason for Rt~et~ Vacation of Special Presage Easement Co couvly vith S~ aM COE a~fo~ density? No "' X Hereby Au~h~ize Agen~ A~ve ~o ~e~reean~ ~e ~or ~Ioaso see 'Pol~ a~ Prccsdur8 o~ vacation and A~u~efl2" for ~he 1~s2 of subserve ~ater~als which ~ua~ accompan~ Transpo~atlon ~ervlces Collier Coun~ Governmen~ Telop~one~ (J41) 7~4084J4 *(~} ~ a~plican~ ~s 8 land ~rus~, indicate tho nane of beno~lciarloa. , s~ockholders. .C3) I~ spplicifl~ is a partnership, limited partnership o~er business t~tity, l~lcate the ~l~a cf principals. (4) LIs~ all c~her ~LAT AXD SZ~LTAR~TJ~ R~LAT] Date RecaAv~ds sCA on ~av- ' ~ e.t~ V. Ter~ Col ~ole M~nCel & As.ociacell X~c. Cl~/Itate~ Haoles ...... ZIp Cades~ GltYlitital"' l~aoles.' Florida _~.ip Codel JO1 ~il Oeecrlp~lon~ ~t 9 Block -- Unit Xilion tar Ai~est~. Vlclcio~ si Spec/al Presage ~lemenc co co~olv vith S~ ~nd COE oe~LG~ aZfe~ density? No ' 3 ~ere~ Au~hoFAzo A~eflt A~vo to Rs9rosen~ ~e ~o~ thai 7mC/tion~ (Title} (2) Plaice see "Polic~ and Procedure at vacation and Annulment" for petition, and dellvar or ~ail to: Transportation ~ervices Collier county Government Complex NJples, ~L 33~i2 Telephone~ (141) 994-14g4 =~ a~pl/cant ~s a land trust, indlcata the name of Menoti¢lariea. X£ applicant Ia a corporation othQr than a publ/o corporation, lng/cate the name of c~flcers a~d ~a~or . stockholders. .~3) I£ applicant is a partnership, limited partnership or other bueina~a entity, indicate the nmma of principals. (4} ~ist all other (S.P.E.) · APR081997 .Il I. II i~! I 1 ili~ll] ii,!l COI!IER COUNTY COMMI,,~I'I~ DEVELOPMENT AND ENVIRONMENTAL SERVICR~; DIVISION 2800 N. HORSESHOE DRIVE NAFLES, FL 34104 January 16, 1997 Mt. W. Terry Cole, P.E. Hole, Montes & Associates, Inc. 715 Tenth Stret-t South P.O. Box 1556 Naples, FL. 33939 Quail West Special Preserve Easements Dear Mr. Cole: This office has re-,Sewed the proposed vacations of various Special preserve Easements within Quail West Unit One replat. Based on the South Florida Water Management District Moditicatiort, and the Army Corps of Engineers permit modification, this office has No Objection to the proposed vacations. If I can be of any further assistance to you in this regard, please let me know. Also' see attached Memorandum from Steve Lenberger, Environmental Specialist II. Sin?rely, John R. Hould~worth Senior Engineer cc: Russ Muller, Transportation Services APN 0 S 1997 PLANNING SERVICES D£PARTME~ CURRENT PLANNING SECTION MEMORANDUM TO: John Houldsworth Senior Engineer FROM: Stephen Lenberger~.~'''''~ Environmental Spec~'~ist H DATE: January 16, 1997 Quail West, Phase I Vacation of Special Preserve Easements Environmental staffhave reviewed the information provided and have no objection to vacating the speciaI preserve easements on lots 7-10, 14, 15, 20-23, 44-50, 52, B-I C-26 - C-29, D-l, D-3, D-] 1, D-12, F-19 - F-2I, O-l$, H-I and H-2. The applicant has received permit modifications from the U.S. Army Corps of Engineers (Permit # 199002504(IP-AJ~, Modification #5) and the South Florida Water Management District (Permit # 11-00768-S) to remove the special preserve easements. The remaining preserve areas will satisfy the 25% native vegetation retention requirement pursuant to section 3.9.$.$.3 CCLDC. APR u 8 I997 - : · .... u .... III II IIII III IIIIII January 7. 1997 Board of County Commi~ioners Collier County Government Complex Naples, FL 54112 Re: Quail West. Unit One Replat, Lots 9, 49, 52 and F20 Petition for Vacation of Special Preserve Easements To ~l~om It May Concern: Quail West Foundation, Inc. has no objection to the Petition which is being filed on behalf of the lot owners of the above referenced lots. for vacation of a portion of the Special Preserve Easements relative to d~ose lot~. ~'~dm Hesse Pres,dent QUAIL WE~T FOUNDATION, INC. SH:Ijc :5950 Burnham Road Quail West Foundation. Inc. Naples. FL 33999 Phone: 813/592-1191 January 8, 1997 Re: Quail West Unit One Replat - Lot 52 (ID 68970013350) Casimir & Ltllian Dolemba Abutting and other property owners within 250 feet of the proposed vacation: Golf Course (rear): Quail West Foundation, Inc., 5950 Burnham Road, Naples, FL 34119 - ID 68975004209 Lot 53 (abutting): Robert A. Epstein, 4484 Brynwood Drive, Naples, FL 34119 - ID 68970013457 Lot 9 (within 250'): Matthew & Domenica Craig, 4485 Brynwood Drive, Naples, FL 34119 - ID 68975005486 Lot 10 (within 250'): John Popinski, 1233 Pompei Lane, Naples, FL 34103 - ID 68975005509 Lot 11 (within 250'): Quail West, Ltd., 6289 Burnham Road, Naples, FL 34119 ID 68975005525 I APR08199? JaI~uaL7 8, 1997 Re: 0ual1 West Unit One Replat - Lot F?0 (ID 68980000489) James & Mary Silloway Abutting and other property owners within 250 feet of the proposed vacation: Lot 35 (within 250'): Charles & Eloise Townsend, 4255 Silver Fox Drive, Naples, 34119 - ID 68975006003 Lot 36 (within 250'): John C. Bowden, P.O. Box 20727, Waco, TX 76702 - ID 68975006029 Lot F19 (abucting): ASG, L.L.C. No. 1, 1200 Auburn Avenue, PonCiac, MI 48342 - ID 68980000463 LOC F18 (within 250'): Richard & Gay Raphael, 705 Carriage Lane, Franklin Lakes, NJ LoC F22 (within 250'): S. US Hwy. 41 - STE. 68980000528 Imperial Property Development, 15248 900, FC. Myers, FL 33908 - ID Loc F21 (abutCing): James P. & KaChleen M. Growney, 5006 Groveland Terrace, Naples, FL 34119 - ID 68970000465 APR 0 8 1997 January 8, 1997 Re: Quail West Unit One Replat - Lot 9 (ID 68975005486) Matthew & Domenica Craig Abut=lng and other property owners within 250 feet of =he proposed vacation: Golf Course (rear): Quail Wesc Foundation, Inc., 5950Burnham Road, Naples, FL 34119 - ID 68975004209 Lot 8 (abutting}: Quail west, Ltd., 6289 Burnham Road, Naples, FL 34119 - ID 68975005460 Lot 7 (within 250'): George M. Macchia, 385 Lavelle Court, Wyckoff, NJ 07481 - ID 6897500544 Lot 10 (abutting): John Popinski, 1233 Pompei Lane, Naples, FL 34103 - ID 68975005509 Lot 11 (within 250'): Quail West, Ltd., 6289 Burnham Road, Naples, FL 34119 - ID 68975005525 Lots across the street: Lot 54 (within 250'): North American ConCracting, 9220 Bonita Beach Road,' STE. 109, Bonita Springs, FL 34135 - ID 68970013554 Lot 53 (within 250'): Robert A. Epstein, 4484 Brynwood Drive, Naples, FL 34119 - ID 68970013457 Lot 52 (within 250'): Casimir & Lillian Dolemba, 6116 County Line Road, Burr Ridge, IL 60521 ID 68970013350 APR 0 8 1997 p~._l f January 8, 1997 Quail Nest unit one Replat - Lot 49 (ID 68975006281) Raymond & Sharon DeVita Abutting and other property owners within 250 feet of the proposed vacation: Preserve (rear): Quail West, Ltd., 6289 Burnham Road, Naples, FL 34119 - ID 68975004953 Lot 51 (within 250') : Quail West, LCd., 6289 Burnham Road, Naples, FL 34119 - ID 68975006320 Lot 50 (abutting): Heritage Homes of Naples, Inc., 4910 N. Tamiami Trail, STE. 304, Naples, FL 34103 - ID 68975006304 Lot 14 (within 250'): James & Carroll Knott, 4405 Brynwood Drive, Naples, FL - ID 68970009555 Lot 48 (abutting): Shore Development Company, 10660 W. 143rd Street, Orland Park, IL - ID 68975006265 Lots across the street: Lot 45 (within 250'): John W. Kosty Trust, 1222 Homestead Creek, Broadview Hts., OH 44147 - ID 68975006207 Lot 46 (within 250'): Quail West, Ltd., 6289 Burnham Road, Naples, FL 34119 - ID 68975006223 Lot 47 (within 250'): William & Margaret Duvall, 5800 Glenholme Circle, Naples, FL 34119 - ID 68975006249 Board of C, omm~sioner~ Collier County Govermnent Complex Naple~, FL ~4112 Re: Petition for Vacation of Plarn or Portions of PIaL, of Subdivided I~nd - Quail West Unit One - LoT 9 Please use this lener to authorize W. Terry Cole of Hole of MonTes and Associates to represent us at the meeting of the Board of County. Conm'fissioners hearing the above petition. Sincerely. Mr. & Mrs. Matthe~ Craig 6100 Forest Villas Circle Ft. Myers, FL 33908 1997 Board oir Commissioners Collier County Govemmen~ Complex Naples. FL 54111 Re: Petition for Vacation of Plats or Portions of Plats of Subdivided Land - Quail West Unit One - Lot 52 Please u~ this letter To authorize W. Ten5' Cole of Hole of Montes and Associales Io repre~nt us at the meeting of the Board of County Cornmi~ioners hearing the above petition. Sincerely. Pe~oner Mr. & Mrs. Casimir Dolemba 6116 County Line Road Burr Ridge, IL 60521 " U 8 1997 ~,~._~1,, December 27, 1996 Board of Commissioners Collier County Government Complex Naples. FI. 34112 Petition for Vacation of Plats or Portions of Plats of Subdivided Land - Quail West Unit One - Lot F20 Please use this letter to authorize ;~'. Terry Cole of Hole of Montes and As~x'iates to repre~nt us at the meeting of the Board of Count)- Commissioners hearing the above petition. Petitioner Mr. & Mrs. James Silloway 36 Draffin Road Hilton, NY 14468 Board of Comn~ioners Collier County Government Complex ~aples, FL ~4112 Re: Petition for Vacation of' Plats or Portions of Plats of Subdivided Land - Quail We.~a t'nit One - Lol 4 9 Please use this letter to authorize W. Terry Cole of Hole of Montes and A.-,$odates to represent us at the meeting of the Board ~f Coun.'~- ConmxL~.~ioner$ hearing the above petition. Petitioner Mr. & Mrs. Raymond DeVita 9546 Ednam Cove Germantown, TN 38139 01/1~/S7 ~003 . /"'l 2993, betveen ol;r~T~ ~r-o~a~--t~s -~ day ~0 ~ ~al~ z~ori~a 33999, G of ~E OF LZL '~s~ dated Hatch ~X~ c. ~oL~X, 14, 1985, vX~ n o~ a and ~e~ ~8 360_24.03~7-, .... -xe~_~u~e~n, v~ose So,:~a~ SIc~ ars, aha ocher good and valuable _. -w~ _whereof is hereby ac~ .... . ..... ~a~y sax~ Lot 52, QUAIL ~£$T, Unit One Replat, according to the plat ~hereof recorded in Plat Book , Pages through , inclusive, of the Pub--'~c Re(:orsd~of Collier C~unty, Florida. SUBJECT to easements and restrictions commo~ to the subdivision; oil, gas and mineral rights of record; and real estate taxes for the year 1993 and all stibseq~enC years, bearing Property Ident~fication No. 689;0013350. and said GRANTOR does hereby fully ~arrant the title 2o said ~a~d, a~d w~ll defend the same agains= ~he lawful claims of all persons whomsoever. IN WITNESS ~EOF, G~TOR has hereun=o se= G~TOR'S hand a~d seal the day and year firs2 above ~r~t=en. S~ed, sealed and delivered ~ o~r presence: G~TOR: QUAIL WEST, LTD.. a Florida limited partnership, (Corporate Seal) RSH OF NAPLES, I~C., a Florida corporation, as ¢leneral ~artner of 75 NO]tTH JOINT VENTURE, a Florida general partnership, as ~eneral Partner of QUAIL WEST, a Florida general partnership, as General Partn.~r of QUAIL WEST, LTD., 628 Ln NapZes, FZoc'Lda 33gg~ ~ a~a 33140.3000 API~ 0 8 1997 ~. ~,.,z' ,, 01/14/07 TUE 1J:JI FAX I 041 S02 1000 QUAIL WI:ST '*-*-* HOLE w0NTES ~004 STATE OF FLORIDA COUNTY OF COLLIER ~.~ o~ ~, 1993, by S~RA HE;SE, as Vl~- Yrosxaen~ o~ ~H/OF N~I~--~--, INC., a Florida cozporation, as Partner o~ 75 NOR~ JOI~ VENTURE, a Florida general pa~ersh~p, as Ge~eral Pa~nar of ~UAIL ~ST, a F1Dr~da ~~eh~p, aa ~neral Pa~ner of ~U~L ~fT~ L~., a Florida pa~ership, ~o is personally kn~ ~o ne and ~o did an Pry ConmAssAon Expires: Serial # (if any) This Znstruaent prepared by, and after recording recurfl to: Leo ~. Salva~ori, ~squ~re QUARL~S & BRADY 4S01 T&m~ami Tra~l North Su~e 300 Naples, Florida 33940 · ~.$& _ )f',.tflli ?~. L,TLLIAli C oooom, l',t?soo~?b ooooz~,..sq$ oooooo.ooa oonoo I'r";': i;" II ' P (;hecl; # Anti. ;"nir. I :,", /\f,,t. I..~iJG :1; 3"53Z:LS' 1~002 APR 0 8 lcj97 PG._ .~? -. $ $ $ ~ FI. 83~40 '"" f"~ Llll JlOgOl,II IlClrll Il. Si llJlZJl; |.il JOC-.tl Z3II.II TO/gL~E AND TO I'10L,D, 'l:t'j sa, re in fee s~n~le fcn~v~r. APR b 8 1997 PG. J; O,-'H] I,,~, Lf:d., a Florida Limi~:ed Pa.,~ ~l.p Comm. No. C~ 267~43 No.' 19320-F-20/SH 'lT-d.s ~ prepared by p. R. Cola.~n, President, ~ ~ ~ ~OF ~, 3936 ~. T~ ~, ~1~, ~940, (813-262-2163), ~ ~j~ ~ ~ ~ ~ FL IIC 11'1] DOC-JI $ $ $ _, ^.D. 299.~ ~ "' 0~: 2'03~ - " PG: 235? Susan G. Xoullhaq ~-,~ ~o. 2 (z=~Jj-~ ~ermm ~n ::L'Im behalf w/th full ~ty 1997 API~ U 8 I997 WARRANTY DEED IN TRUST (Statutorj, Form - Sectiou 689.02 F.S.) ~l~epaofion of' Inm'ument Only Without Opinion Tlds i~su'ument was ~ by: Davig P. Browne, Esquire MYER~ KRAUSE & STEVENS, CHARTERED 5811 Pelican Bay Boulevarg, Suite 600 Naples, Florida 33963 (941) 598-1221 2I)23183 OR: 2119 PG: 01:25 12/141'~t It 12:241q NI~ I. 110(:I, Ci,/U Itt~: Sill IfC m IS.I ~oc..71 D, JdSI I? U, B 13]i3 Tlql$ IND--, made this ~,,,i day of ~, 1996, between DOMENICA M. CRAIG, a married woman, (joined herein by her husb~d, MATTHEW M. CRAIG), of the County of Collier, State of Florida, grantor*, and ~DOMENICA MARIE CRAIG AND MATTHEW M. CRAIG, as Co-Trustees'* of the DOMENICA MARIE CRAIG TRUST DATED FEBRUARY 2, 1996'"*, whose post office address is 4485 Brynwood Drive, Naples, Florida, 33999, grantee'. wrrN~SL:TH, that said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ac 'knowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to wit: Lot 9, Quail West Unit One, Replat, in accordance with and subject to the plat thereof recorded in Plat Book 21, pages 84 through 106, inclusive, of the Public Records of Collier County, Florida; Commonly known as 4485 Brynwood Drive, Naples, Florida, 33999. This conveyance and the warranties hereinafter made are subject to covenants., easements, conditions, restrictions, reservations and encumbrances of record and real estate taxes for the calendar year 1996 and subsequent years. ! u 8 1557 I OR: 2149 PG: 0126 Rea] ~'tate Tax Identification No. 68975005486. The above de~4:tibed property is not the homestead of grantor, and ~id Irantot does hereby fully warrant the title to sa~d land, and will defend the ~ame against the lawful claims of all penons whomsoever. · 'Grantor' and 'grantee' are used for singular or plural, as context requires. Either co-trustee or any successor cruszee herein are granted full independent power and authority to protect, conserve and to sell or to lease or to encumber, or otherwise to manage and dispose of' the real property described herein as set forth in Florida Statutes 689.071. Upon the death, resignation, or inability of DOMENICA MARIE CRAIG to act as Umiee, MATrHEW M. CRAIG shall serve as sole Uustee. Upon the death, resignation or inability of MATTHEW M. CRAIG to act as trustee, DOMENICA MARIE CRAIG shall serve as sole trustee. Upon the death, resignation or inability of both DOMENICA MARIE CRAIG and MATTHEW M. CRAIG to act as trustee, NORTHERN TRUST BANK OF FLORIDA, NA, Naples, Florida, shall serve as successor trustee, and the acceptance by the successor trustee, recorded in the Public Records of Collier County, Florida, where the real property described above is located, together with evidence of a trustee's death, resignation, or inability to act, if applicable, shall be deemed conclusive proof that the parties have complied with the successor trustee provisions of the aforesaid trust. Sufficient evidence of the tmstee's death shall consist of a certified copy of a tmstee's death certificate. Sufficient evidence of a trustee's resignation shall consist of a resignation, duly executed and acknowledged by the trustee. Sufficient evidence ora trustce's inability to act shall consist of a licensed physician's affidavit containing the physician's opinion that the trustee is incapable of performing the duties as trustee of the aforesaid trust. The successor trustee shall have the same powers granted to the original trustees, as set forth above. 1997 OR: 21 9 PO: 0127 WITN~S WHEREOF, Gr~tor I~s hereunto set grantor's l~nd ~nd ~ the day ~nd above written. and delivered 44Ls B,TaM:,od Ddv,, N,i,ks, FL :~3~9 4,485 B~ Drive, Naples. ~ 32999 STATE OF FLORIDA .COUNTY OF COLLIER Before me, a Notary Public, the foregoing insu'ument was acknowledged this ~ day of ~~ , 1996, by DOMENICA M. CRAIG and MATTHEW M. CRAIG, who ~ are peigonallY known to me or who 1"! have produced driver licenses as identification. Notary Publ~ State of Florida My Commission Expires: My Commission Number: (Printed, typed or stamped commissioned name of Notary Public) 3 #0.~ ~t't~ u 8 Illl II1' II - III IIII I ~'~ f r'..~ I I'M kal Ii~q Z~ 1 oO ' ~COUNT~' NDTZCE .OF ~D YALOP. EH 4~ IN NOV 3~. ~N DE(:: 886 X,430 TAXES AND NON-A0 VALOREM ASSESS#ENTS 27 JN JAN 1~ IN FEB O~ IN Y .% 'CO"TRSt DOMENICA M~IE CD T~$~ ~ATTHEV # (2/96' .'."'. . FOREST'.VILL~s YER$ FL 3390e-0000 PAID -_ 11/27/96 3~3780.s 1997 ". ~DARDOF - ~ · I~ ~ COUNTY COMMISSIONERS o o · I ~__t,l~'-~ ' NAPLES, FLORIDA ~3962 ~,~/ ,', £W. '"" "'"'""' zo o .,,'rE_.4/_.~_. ,. ,;,~c.tc~ No ~'¢ ~ F,-,.' '" ~ -'"' ;[ ¢ _ o o 0 0 ~ C) o · · PETITION NO. V-96-25 TODD PRESSMAN REPRESENTING J.H. WILLIAMS OIL CO. INC. IS REQUESTING A 37 FOOT SIDE YARD VARIANCE FR~ THE REQUIRED SIDE YARD SETBACK OF 40 FEET, ESTABLISHED FOR CAR WASHES IN THE C-4 ZONING DISTRICT TO 3 FEET FOR A PROPERTY LOCATED AT 1095 NORTH COLLIER BOULEVARD ON MARCO ISLAND. .OBJECTIVE= The ~etitioner is requesting the above described variance in order to expand and build a car wash in an existing automobile service station. ..~SIDERATION$: The applicant is in the process of remodeling and expanding an existing gas station. The original building, built in 1969, complies with all current setback requirements. The applicant is planning to build a car wash on the west side of the site. This proposed car wash will be 3 feet from the property line. The Collier County Land Development Code contains specific setbacks for automobile service stations in all zoning districts. The LDC also contains a 40 foot setback for all yards in the C-4 zoning district for car washes. The applicant wishes to almost double the size of the existing building from 1400 square feet to 2600 square feet. The applicant also wishes to build a separate 648 square foot building for a car wash. This site contains 0.74 acres of land. With larger setbacks established for automobile service stations and car washes, there is physically not enough room to do all these expansions without a variance. The Collier County Planning Commission will hear this petition on March 6, 1997. The recommendation of the CCPC will be presented to the BZA at the public hearing. Staff recommends that the BZA deny this petition. FISCAL IM~A~T: None. ~ROWT~MANAGEMENT IMPACT: None. ~ISTORXC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that located outside an area of probability as referenced on the petitioner' s ~rop~a,r%./~- APR 0 8 1997 ; / P,. Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ,.PLANNING COMMISSION RECOt~NDATION: The CCPC recommendation will be presented to the BZA at the public hearing. PREPARED BY: CHAHRAH BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER DATE CURAENT PLARNING SECTION DONA/,D W. ;%RNOLD, AICP, DIRECTOR PLANNING SERVICES ~F~NCENT A. CAUTERO, AJ1MINISTRATOR DATE C0~9~3NITY DEVELOPMENT & ENVIRONMENTAL SERVICES APR 0 8 1997 COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: January 27, 1997 PETITION V 96-25 AGENT/APPLICANT: Agent: Todd Pressman Todd Pressman & Associates, Inc. 28870 US Highway 19, N. ~ 300 Palm Harbor, FL. 34621 (~er: J.H. Williams Oil Co. Inc. 1237 East Twiggs Street Tampa, FL. 33601 REd,JESTED ACTION: The petitioner is requesting a 37 foot side yard variance from the required side yard setback of 40 feet, established for car washes in the C-4 zoning district to 3 feet. .GEOGRAPHIC LOCATION: The subject property is located at 1095 North Collier Boulevard and is further described as a portion of Tract 'G", Harco Beach, Unit 4, in Section 8, Township 52 south, Range 26 east, Collier County, Florida. This property consist of 0.74 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is in the process of remodeling and expanding an existing gas station. The original building, built in 1969, complies with all current setback requirements. The applicant is planning to build a car wash on the west side of the site. This proposed car wash will be 3 feet from the property line. ~URROUNDING LAND USE AN~ ZONING: Existing Surrounding: - Gas Station, zoned C-4 North - Bank Building, zoned C-4 East - Church, zoned RSF-4-RP South - Shopping Center, zoned C-4 -1- APR 0 8 1997 be Ce III~TORZ C/ARCHAE OLO(3I CAL ZMPACT: Staff*s analysis indicates located outside an area probability as referenced Probability Map. Therefore, and Assessment is required. that the petitioner's property is of historical and archaeological on the official Collier County no Historical/Archaeological Survey Approval of this variance request will have infrastructure, transportation or environment. ANALYSIS: no effect on Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, the site contains a fully functional gas station, which was built according to Code. The applicant wishes to almost double the size of the existing building from 1400 square feet to 2600 square feet. The applicant also wishes to build a separate 648 square foot building for a car wash. This site contains 0.74 acres of land. With larger setbacks established for automobile service stations and car washes, there fs physically not enough room to do all these expansions without a variance. Are there special conditions and circumstances which do Not result from the action of the applicant such as Pre-existing conditions relative to the pro~erty which is the subject of the variance request? No, all conditions are self-imposed by the applicant. Will a literal interpretation of the provisions of this Land Development Code work unnecessary applicant? and undue hardship .~l~ _ Iqo. // Illl I I II! I ........... fe No, denial of this variance will not cause any undue hardship. The business is existing and functional. The applicant has the option of either expanding the retail area without the car wash or building a car wash next to the existing building with a smaller addition to the retail area. de Will ~he variance, if granted, be the minimum variance that will make ~osaible the reasonable use of the land, building or structure and which promote standards of health, safet-f and welfare? No, a variance is not required to make possible the reasonable use of the land. Furthermore, as proposed, this addition will make internal circulation difficult. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the Yes, the Collier County Land Development Code contains specific setback requirements for gasoline stations and car washes in the C-4 zoning district. All car washes in the C-4 district have the same minimum setbacks. Allowing this station to build a car wash by reducing the setbacks will be a privilege that is denied to other car washes in the C-4 zoning district throughout the County, unless a similar variance is granted. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, reducing the side yard .setback will not be in harmony with the general intent and purpose of the LDC. Furthermore, this addition, as shown on the plot plan, will create a traffic circulation pattern which will conflict with the existing gasoline pumps. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such aa natural preserves, lakes, golf courses, etc.? No. -3- AGENDA.IT£M. -- APR 0 8 1997 ho Will grant, trig the variance be consistent with the =rowth The approval of this variance will not affect or change the requirements of the Growth Management Plan. BTAFFRECC~NDATION: Staff recommends that the CCPC forward Petition V 96-25 to the BZA with a recommendation for denial. PREPARED BY: RAM BADAMTCHIAN, Ph.D., AICP SENIOR PLARNER DATE REVIEWED BY: ROBOT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION 2-/~ DATE R DATE FINCENTA ' rE - · CAU~ RO, ADNINISTHATOR SATE CONNUNIT¥ DEVELOPMENT & ENVIRONMENTAL SEEVICES Petition Number: V-96-25 Staff report for February 20, 1997 CCPC meeting. This Petition has tentatively been scheduled for March 11, ~ZA Public Eearing. 1997 Collier County Planning Commission: ~ICHAEL A. DAVIS, CHAIRMAN -4- .APR 0 8 1997 AG£1~D~ I~EM - ~fEo. ~ VARIANCE PETITION REQUIRED FOR A P~TI~ ZONING DISTRI ~z~zoN ~o. ,~ ~ ~ ~-~ 5 '~ ~ ~oN ~c~ · RO~CT P~ER ~ N PETZTZO~R~S ~D~SS 2~70 ~.S. ~t~h~ AGENT'S ~D~SS 28870 U.S. ~ harbor_., FL 3~&62.1.. ....... TELEPHONE above EGAL DESCRIPTION OF SUB$:'CT PROPERTY: ~.O~bed OnBt~f~e plan. SUBDIVISION_________ SECT:O. ~ (If leqai description is ~en~Chy, i TWP. .~ RANG~ descrtptton,~addl~[ona1 pageie, metes & bounds CUrrENT ZONING OF SUBJECT PROP£RTY ~--~ EXISTING LAND USE ON SUBJECT PROPERTY _8asoline s~ation ADJACENT ZONING & LAND USE ,,ZONING N_ .LAND USE Bank Co"-.ercial center (shoppins) Co~ercia! center Church/cemetary HINIHUH YARD REQUIREMENTS FOR SUBJECT PROPERTY Accordin8 to Mr. Bellows, 8as stations have 8reater set backs, Section 2.6.28 FRONT: 50' _ _ CORNER LOT: ~ (CIRCLE ONE) SIDE: (in_ this case another front WATERFRON LOT: ~YES (CIRCLE ONE) on ~lkham at ~O') ~. REAR: (interior sideT' &__O' /[PR 0 8 1997 ' AG£ND& 17£M ×'~ Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 15'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachme~ came to be; etc. This eff~r~nvolves ~utcin~ ~wo additions onto an exis~in~ gasoline structure. On th~ide is an addition at 10' by 28'. This is not a proble~vith set backs. The~4~side~._ of the building is proposed an addition of 32' by 28'. · This addition proposes to move into that side's set back, by a ~easure of 10'. There is a 50' building set back line. The current property o~er bought the site in August 31, 1995. Property Appraiser reports that first construction occurred on the site in 1969, and the size matches the existing store size at the site nOW. According to Mr. Bellows. there are special set backs for gas stations. section 2.6.28 that call for the more extreme set back requirements. Please ncte that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and. that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2 APR 0 8 1997 MA m? #ill granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and ob~ectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. APR 0 8 1997 .,._ /5 - AGENDA Ar~ ~here special conditions and c~rcuns~sncus ~h~c.~ do no~ resul~ from the ac~on of ~he appl~can~ such as pre-exls~ng condL~lons r~la~ive ~o ~he p~oper~ which ~s ~he s~ec~ of ~he variance ® Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create prac[ical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. APRO8199Z · MA 97 : PRESSMAN & ASSOCIATES, INC. I Govmn '~mo~ Affo~ on~ ~ ~ Williams Oil CO. ~t Back Varia~ 2) ~T~ prHxisting condztions as noted above are the result of ~le and Pez~tLssible building oez~tits issued in the Coum:y, ar~ ~ z'esu/t.h~ ~ic~. It is the now existing site, clashing with today's requiters, and extreme .~arket cor~itions, that cause the hardship to develcg. As a corollazT, if the site ~ere vacant, and bezng newly built, there would be no support for the ha~p and resulting variance. a loss of th~= ~--~ .... ,,, _T:_-~_~*L.~.~,~.~ .r~eee sztes, to ~ust even survive, ..... --= ,,~..,.~. y.~un~ ~nAs site into disrepair and a severely reduced capacity to in any way compete. It will also not allo~ the site to be developed to the aesthetic standards for the area. necessar~ to meet the ~=~ --~, .~:.~._~.~_~_. _u~_e__~s~..en:.za~s.cx:ty ~ La the liniaum de ..... -~ ,,~A=~ ~ aesr~etzc Aeveis r~quired. strict may provide. A~tS seers to pzace reis ~lte on a even playing filed, 6) The area immediately surrounding the site is co~.ercial and camerc/al/office in general and co.~lies with the uses in the i~nediate vicinity. the intent of the code. The s~- ~-- -~ ........ It cez'taizfly m~ts a street. There is no . .-- .~.~..~.~.~._u~.~_~e_t.~oe..c~. u a_ctua~.z¥ asked fo: ahzts to a ~r-'-' ....... _~d~ej. ~.~o. u~_ ~ ao~:~ ~o the r~r, the site abuts - --,z ~~ zn use nezgnoornocx~ could be negatzvely effected, and will most probably be thrilled with the · ,~,-.~.y much ~ a conc~ete/a~ohalt = . US M~way lO N. · Suite AFF I DAVIT and say that I-am the T~qt~ of the property described herein and which is the subject m~r of the proposed hearing; that all the answers to the questions in this application, and all sketches, d&ta, and other supplementary matter attached to and made a part of this application, kxlowledge and belie~~~d)this appl~cationmust be conpleCed and ac~q~e~]~/~/~arin~advertised. further permit ~ to act as my representative in rs regarding this Pa on. State of £1orlda co =, / ' The_?foregoing _Agr, e~ment Sheet was acknowledoed be_~ore me this ,r.~n..~R~,,o..~ '~,,~,, t.o mt~or who ~~ as ide~ifica~ion and who did (did no~) ~~ oat~. ~Signa=ure o~ Notary P~lic) The foregoing Agreement Sheet was acknowledaed before me this . ,~~'~,,,ii~ known to m~or W~o has Croduced .. as identification and who ~id '" Co~ission ~y Comtssion Expires: VAi:tIANCI~- API~hI CATIO~/~ 5 APR 0 8 1997 J. H. Willimnl 011CompnnT, hac. 1237 EII~ M 8trflt . P.O. Box 439 · Tampa. FL 33801 · (813) 225-7778 · Fix (813) 224-9413 September 2G, 1996 (941) 746-2125 To Whom It .May Concern: Todd Pressman, of Todd Pressman & Associates, 28870 U.S. Highway 19 North, Suite 300, Clear- water, Florid~ 34621, is authorized to present J. H. Williams 0il Company, Inc. be- fore any board for reasons of variance or other zoning concerns. Ver~j' truly yours, J. H. WILLIAMS OIL CO., . L. Sine. O_l~ .APR 0 8 1997 · Serving the Pel~eum Indu~/~ince NO. APR 0 8~1997 AGE /- NO. 2~ 2~ 21 ~2 ltZ~ATZ#G TO PFI'ZTZOJt lfl.IRBER ¥°tl'2S, l~OX A VA.qlXRf~ O# PROPERT~ llEZt~l~MPTZ3t DESC3tIBED ZX COLLZER COUlee, FLORZDA. ~t~Af, the L~l/llaturl o! the Irate o! ,lorLdl iff Chapter r~litio~l ii irl neoelel~ for ~e protection of ~e ~blic~ I~ ~ve~en~ C~e (O~d~ninci ~o. ~-~02~ ~ch e~lb~lhel ~ich Is the ~lnt~ng of va~aflcel; and ~S, the Boi~d of Zoning X~i~s, ~lng ~e duly elec~ co~s~it~tid Board of the I~ll here~ affected, hll held i ~bllc heari~ afte~ horace al An laAd regulations lade a~ provAd~, a~ censidered the advisability of I 37-foo~ varAince from ~e re~Ar~ (0 Z~ lade yard se~Mack es~ablished for car washes ~o 3 ~ee~ tot Froper~y al Iho~ on ~he a~tached plo~ plan, ~Abl~ SAS, In a C-4 zone for ~he proper~y hereAna~er deicrA~d, and hal tou~ as a ~er ~t tac~ ~ha~ sa~Anfac~ory provAnlon and arrangenen~ have ~en ~de concernAng all appllcable ~atterl requAred by .aAd regulationl a~ accordance with SectAon 2.?.5 ot the Zoning Regu]atAon= ot laid ~nd ~ve2op=ent C~e tot the unAncorporated area ot CollAer County~ a~ ~S, all lnterelted partiea have been given op~rtunAty to heard ~ ~Ae Ioa;d An p~blAc leetAng aale.bled, a~ ~e ~r~ hav~ oona~dered all iattera preaented; NOU~RZ~ORE BE XT RESOLVED DY TIIM UOAI~U O~ ZONXNG APP~ OC Collier County, FlorAdl, that: ~e PotAtion v-96-25 flied by Todd Preasman of ~eosnan i Aelociaten, Xnc., representing J.~. William. Oil ConpaaM, Inc., renMct to the property hereinafter doicrLbod gxh/b/~ ~8~ PAGE I No,AGE ~ ' t AGENDA O~7 APR 0 8 1997 Ill 1997 ,,,. .... 3 ¢-4 zoflAn~ dlstri~ to 3 feet, as shorn on the attached plo~ plan. S ~. ~ V~S-~S ~ r~rded Iff ~e Bi.eS or ~ls ~ard. I Cmissi~r ,, offered ~e ror~oi~ O bol~l~ a~ ~ed rot its ad~tio., seconded ~ cmissio~r 10 , a~ u~n roll call the vo~e AY~ s ~~ON s 16 } ~ne this ~ day or , 1996. 19 A~: BOARD OF ~ONING APP~ 33 TI~THY I,, flANC~K , ~ · . ., AlJlr~A]~ COt~TY AT~O~J~EY 30 V-9602S YARZAI~CB RESOLt~lOH/18610 32 PAGK 2 APR 0 8 1997 ,, , t t, III ' --IIIIII III II II II III1~11 ' LEQAL DESCR[P ON.- A PORTION O~ TRACT 'G° C)~ 'MARCO E~ACH UNIT FOUR' AS R~COROEO fN PLAT BOOK 6 AT PAG~ 36 0¢ THE PUI~,JC RECORDS Of' CO{.UCR COUNTY, FLO~q~DA. BEING MORE PARTICULARLy D~SCRII~D AS FOLLOv~$: AND ELKCAId CIRCLE. EVARD COLL~:R BOULEVARD ALONG THE ARC O~ A CURV~ TO THE LEFT HA~ANG A RAD,~JS OF 2000.00 FEET AS SHOWN ON SND PLAT 01r 'MARCO BEACH UNIT FC~JR' THRU A CT:NTRAL ANGLE Olr 07 D{:GREES 44 MINUTES 12 SECONDS FO~ 270.05 FEET; THENCE SOUI~ 21 DEGRI:ES 03 lalNUT£S 46 S~:CONOS EAST FOR 50.00 FEET; THENCE EASTERLY ALONG THE ARC OF A CIRCULAR CU=.:"- TO THE RIGHT HAVING A RADIUS O¢ 19~:).00 FEET THRU ACr. NTRAL AN~.~ Or' O0 DEGREES $7 MINUTES 41 SECONDS FOR 32.72 FEET TO THE PCY,':T OIr BEGINNING Oir THE PARCEL HEREIHAFTER D~SCRI8£0:, THENCE: CO'~T,'/UING EASTERLy ALONG THE ARC OF THE ORCULAR CURV~ TO THE RIGu*' HAVING A RADRJS OF IgE<).O0 FEET THRU A CENTRAL ANGLE 0Ir 04 DE~='-'-~S 47 MINUTES 5.% SECONOS FOR 163.32 FEET TO A POINT CC~"=:UND CURVATUR-:; THENCE SOUTHEASTERLy ALOelG THE ARC OF A CI~-=-AR CURV~ TO ~'H.E RIGHT HAVING A RADIUS OF 2-%.00 FEET THRU A CE';*'=-'L ANGLE OF .e3 DEGREES 40 MINUTES $.% SECONDS FCR 40.88 FEET; TI-':.;.-..- SOUTH 11 D:G.=.EES ;17 MINUTES 1-% S~:CONDS EAST ~OR 153.25 FEZ-: THENCE SOUIH ~8 DEGREES -%6 MINUTES 14 SECO~DS ?~ST FOR lE..' .:,' FEET: THENC~ :~ORTH 2! DEGREES 03 MINUTES 46 SECONDS FC*=. '~;.73 FEET TO THE POINT OF BEGINNING. (CC~'**':'NINC: $2.2-09 SOUARE FEET . 0.741.% ACRES UC)qE Ca LESS:) Exhibit APR 0 8 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID ~96-2606 TO BLUE LINE, INC. ~ To have the Board of County Commissione~ award bid #9~.2606 for the purchase of~n engineering (blueprint) copier to Blue Line, Inc. ~,~~Q.~: Tha Buildin~ Review and Permir, Jng ~ent currently owns a Xerox bluel:wint co~er tim i~ ~n'oximately four yea~ old. The copier is in constant need of repair due w usage and age oftbe machine. In ~.,cordance with the Board's purchasing policy, the Building Review mad Permitting DeparUnent obtained competitive bids from three sources. Bids were requested for a lease/purchase in lieu of an outright purchase due to the length of the warranty which is 90 days. The leaze/purchase provides the option of trading in the equipment without having made a large inveranent should the performance not be acceptable or should volume cause the machine to become unreliable. Past experience has proved that the high volume of tuage that is experienced in the Building Review and Permitting Department $ometimea will cause equipment to become inefficient and inconveniences om' cuztomers and staff. Bids were received from C4 Imaging Systems, Inc., Blue Line, Inc., and Xerox Corporation. C4 Imaging Systems, Inc. submitted the lowest bid, but was unable to provide a payment plan without the use of a third party. Capital Innovations was to carry the lease agreement for 36 month$, but refused to accept a Collier County purchase order as written and insisted that we sign and attach a five page purchase order rider. Substantial effort ,,,,'as put forth to reach an agreement with C4 Imaging Systems, Inc. Since they would not accept a County purchase order, staff's recommendation is to award the bid to the next lowest bidder. FISCAL IMPACT: During the budget process for fiscal year 1996-1997, $5,400.00 was budgeted for blueprint copier expenses. To date, $1,300.00 has been used. The remaining :~,100.00 is sufficient for the remainder of the fiscal year. The annual ~mount necessary to budget for the next 3 years will be approximately $5,800.00. Based on the trade-in of our current copier, a :;6 month lease/purchase agreement of $370.97 per month, and a monthly maintenance of $90.00 per month, the estimated total cost will be $16,$94.92 pl~ a copy charge of $0.062 per scI. ft. GROWTH MANAGEbIENT IMPACT: None. APR 0 8 1997 Execultve Slmlmm'y Bid ~6..2606 Page Two RECOMMY'-NDATION: That the Boerd of~ Co~ award bid ~)6-2606 to Blue Lira, Ira. fo~ ~e Purch~ of a new engi~ Mueprint col~er. Bob ~Vs, q, sio ~1 - Customer Service Agent Supervisor ~ Date: Building Review and Pc, mitning Depzmnent Steve Cai. nell, Direcf. or Vim:mt A. C~utero, Administrator Communi~ Dev. & Env..Services Div. APR 0 8 1997' BLUEPRINT COPIER BIDS BID No. 96-2606 COST ANALYSIS [_ C.4 Imapn~ ,Inc. Blue Line, Inc. Xerox LEASE/PURCHASE 36 mo. Le~.,'_.~.,~ ',:base ~ .--,~e-in $258.00 $370.97 $438.02 Monthly Maim~,-~ee Fee . $ 62.00 * $ 90.00 $150.00 MONTHLY TOTAL $320.00 $460.97 $588.02 TOTAL. j, Mo.,cms LL,tSr.~Ot, tS~ $ I 1,520.00 $16,594.92 $21,168.72 PURCHASE Outright r,a,;;me Price S 9,406.00 $ I 1,926.00 $ ! 5,600.00 A,-,~,,al Mai~,a,-,ce G",a,-i~ 696.00 ! ,080.00 1,800.00 'ANNUAL TOTAL $ ! 0, 102.00 $13,006.00 S ] 7,400.00 Additional Monthly Charles: Cop~ -~---','se per sq. ft. $0.045 $0.062 $0.020 (&i:,f,,-~,~imate monthly cost based on$ 45.00 $ 62.00 $ 20.00 i,o0o q. *does M indud~ replaceme~ of dram. if necessar), ~ of replaeemem wogM be S700.00 APR 0 8 1997 APR 0 8 1997 EXECUTIVE SUMMARY NATER FACILITIES ACCEPTANCE FOR THE BILTt4OR~ AT BAY COLONY OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing"Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve The Biltmore at Bay Colony and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of The Biltmore at Bay Colony, has constructed the water facilities within dedicated easemen%s to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) ;%n on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $1,901.00 has been accepted as surety. FISCAL IMPACT: The water facilities were constructed without cost to the collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. .~ MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. APR 0 8 Executive SuaJ~ary The Biltmore at Bay Colony Page iwo ~%EC~.~NDA'£ION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier Cc,:nty %: ....... · ........ District, accept the water facilities for The L~_~,'_.:.~ . - . Colony, with the following stipulations: 1) That the Board of County Co~missioners accept rece~p~ for the cash bond in the amount of 2) The water facilities tO serve the proJecL into service and no Certificate of Occupancy the following items have been furnished. 3} Flcrida Department of Envirorunentai Regulation ' . - a letter au[horizing the placement of the sewer system i:,Lo ~=~vlce and approving the water distribution system for service. 4) ~actertological testing has met the County's requir ~~'' 5) The Fire Flow requirements of the project have bee~ sat~fled, and the Fire District furnishes a letter accepting the fire !'.ydrsnt for ownership and maintenance. 6) Receipt of payment of water bacteriological testing usage from Ut~.lit~u~ for PBEPAj~ED BY: ghi'r~ey N~,x, E~ineering Technician II Engtneert~g~' Review Services REVIEWED BY: Tho~as ~. Kuck, P.E. Date Engineering %eview,~ervices ~anager Donald W. Arnold, AICP Pi~ng Services Department Director ~incent A. Cauter°, Administrator CO~ITY D£%~LOPM£NT ;%ND E~IRO~ENTAL SERVICES Date / PR 0 8 1997 PROJECT LOCATIO, WESTERN COLLIER COUNTY LOCATiO;"¢ ;,/,.'~. PR LOCATION FLORIDA WESTERN COLLIER COUNTY LOCATION MAP · AG£ T NO. ~ APR 0 8 1997 Official Receipt - Collier County Board of County Commissioners~l CDPR1 t03 - Official Receipt fTranaNumber [ Date 1 Post Data 87'13 / 3/24/97 3:42:06 PM ~ 3/25/97 IPwTi-~nt Slip Nbr MS 11326 BILTMORE AT BAY COLONY Payor: WCI OMM Fee Information Fee Code I Desc, dptlon ! GL ,~'_count I Amount ~ WaNed 12BOND DEPOSITS-COMM DEV (CASH BOND} 67000000022011300000 I $401.00~ 112BOND DEPOSITS-COMM DEV (CASH BOND} 670(XXX)0022011300000 i $1500.00. Total $1901.00 Payments i Pa~,ent Code ; ,a,~,ount/Check Number t A~T~Jnt ! iC~ECK 100695.~u~4 t $401.00' [CHECK ,017271 I $1500.00 Total Cash I $O.00 Total Non-Cash ~ $1901.00 Total Paid L,. $1901.00 Cashier/location: FROLOFF_E I 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT / APR 0 s 1997 Pflnte~:3/24/97 3:43'45 PM NATER F~ILITIES A~CEPTARCE FOR LALIQ~E AT THE VINEYAP~S O~CTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Lalique at The Vineyard and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Lalique at The Vineyards, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related docu~nents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the Count}, Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities is covered under the Subdivision Improvement acceptance. FISCAL I~fPJ%CT: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT I~fPACT: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. APR 8 U97 Executive Summary Lalique at The Vineyards Page Two RECCR4qENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Lalique at The Vineyards, with the following stipulations: 1) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 2) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 3) Bacteriological testing has met the County's requirements. 4) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 5) Receipt of payment bacteriological testing of water usage from Utilities for PREPARED BY: Shi'r'ley ~, ~giheering Technician II Engineering Review Services Date REVIEWED BY: ,.'Thomas E. Kuck, P.E. EDg~T~ring Review Se%~ .Manager Donal-d~/. Arnold, AICP Pla~n~L~%g Services D~a~tment Director ~-~ncen~ A. Cautero, Adminigtrato COPSMIJT~ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES J' Date Date Date attachments APR 8 1,597 ~.. AGE. T APR 0 1 1997 ,31 ~LSHIRE LAKES UNIT g6 THE CYPRESS 7 UNIT VII'~YA ROS UNiT 32 APR 8 i997 c-2 APE"0.1 1997 I . · ?~. EXECUTIVE SUMMARY APPROVE CHANGE ORDER # 2 TO WORK ORDER # VB-15 (UNDER ANNUAL GENERAL CONTRACTOR CONTRACT ~:LFP 95-7.334) TO VANDERBILT BAY CONSTRUCTION, INC.} ~ To obtain Board of Collier County Commissioner's approval for the authorization of additional services to complete the repairs to thc V'meyards Community P~rk Communi~ Center. CONSIDERATIONS: Additional work is necessary to repair hidden structural defects discovered during the execution of Work Order # VB- I $ and change order # 1.( Change Order #1 included additional foundation waterproofing, drainage trench, and resurfacing the west basketball court.) Interior finished wall surfaces that were damaged during the inspection and repair procedures are being repaired with the input and approval of the Parks and Recreation Department. I:ISCAL 13,IPACT; Funds in the amount of S20,000.00 will need to be tran:,ferred into project 368-156418-$0028 (Vineyards Community Park) from fund 368, reserves. This amount includes $1,882.00 in OCPM fees and $18,118.00 for change order #2. Please note that the money from the reserve fund will be replaced as soon as we receive the $43,000.00 mediation settlement approved by the Bce on November 5, 1996 under agenda item 9 A. GROWTH MANAGEbIENT !MP~,CT: None. R£COMMENDATION; That the Board of Collier County Commissioners: 1. Approve Change Order # 2 in the amount of $1g,115.00 To Wock Order # 2. Approve the necessary Budget Amendment. 3. Authorize the OCPM Director to execute Change Order #2. Of~e of Capital.Pl'ojects Management ILEVlEWEI) BY: Date Adolfo ~. ~e~P.~,.~ Dir~or Office of Capit~.Proje&i M~agement Raymond W. Miller, P.E., Interim Administrator Public Works Division APR O 8 1997 CHANGE ~ NO. ~ ANNU~ CONTRA~ NO. 95-2334 WORK ORDER # VB-15 DATE: M~-ch 12,1997 PROIECT NAME: V'meyaz~ ~ Park PROfECT NO:, 8002B Um:h:r our A~ ~ Octob~ 21, 1996 Co~alitions ofthe A~r~me~ and m supply all labor, ~ ~d eq~ipmeni to: l. 2. 3. Add m~amade maple in ~'baking foun~i~ FOR THE a~,d~d'~e ~m ~~ ~ ~ h~ ~ ~i~ ~B~ ~1~ ($18,118) ~ ~t ~l ~1,9~.~ S~ of~ C~g~ $13,334.~ ~t A~ ~l $73,436.~ ~e ~ for ~mO~oa ~ ~ ~ ~ ~ ~s ~ ~r. ~~', ~e ~nu~ Time is 182 ~ ~ ~. ~ ~ cl~i~ CO~~ O~ V~ERB~T BAY CONS~U~, ~C. ~~1~ ~/~ F,X F.,CUTIVE SUMMARY APPROVE CHANGE ORDER NO. 4 FOR THE SOUTH RECLAIMED WATER STORAGE POND PROJECT, REGIONAL ~ That the Board of' County Commissioners, Ex-officio the Governing Board of the Collier County Water. Sewer District approve Cl-~nge Order No, 4 (copy attached) to the South Regional Water Storage Pond Project, which Change Order provides for furnishi, ng fill material for Sugden Regional Pm'k. CONSIDERATIONS; The Board of County Comrrfissioners entered into a Settlement Agreement with Connie Hub<hman, S~muel Hub~chman, et. al., on October 24, 1995 under Agenda Item 8 (B) (2). As part of'the settlement agreement, the County purch~se.d 32.91 acres ofland known as Parcel I from the above owners on November 15, 1995 to be used as a possible future pa:k site and agreed to purchase the remainder of the tract (110.6 acres) upon receipt of all state and federal permits necessary to construct treated wastewater effluent storage ponds. This parcel was purchased on March 14, 1996. Under Exhibit I of the Settlement Agreement, the Board entered into a Construction Agreement with The Glades, Inc. to perform ali work in connection with lhe design, perrrfitting and construction of storage ponds, effluent pipelines and the plzcing of fill upon the future park site. During construction of the ponds, excess fill material was generated which pre~nted an oppo.,-tunity to negotiate a price of $3 05/cu yd For appro:,3mately 45,000 cu yds to be used at Sugden Regional Park for site preparation, construction of the infrastnscture and the "Skimmers" Amphitheater. This price represents a savings well in excess of $ 100,000 O0 FJSCAL IMPACT~ Original Agreement Amount Sum of Previous Changes This Change Order (Add) Revised Agreement Amounl 51,681,177.95 270,745.32 137,250.00 $2,089,173.27 q~, Funds a,-e available in: · ~\7I.~,',''~ Fund 306-116360-76310040081 Sugden Regional Park GIROWTH MANAGEMENT: None. APR (J 8 1997 I Executive Sumrrm'y Page 2 RECOMMENDATIONS: That the Botrd of County Commissioners, $.$ the Ex-OflSdo Governing Boazd of the Collier County Wlter-Se~er District, approve Change Order ~M in the amount of' PREPARED BY. ~_/--'<'~/~'ff~¢.,'/------_ Date:_ .~f..orge H. }/arker', ~;~ior Project M~ger Oflfce of Capital Proje~r'ts Management ~o~ro ^. ~o~e~ P.E., D~ Office of Capit~ Projects Mdnagement I~ ," REVIEWED BY: "tN, Date: Raymofd W. Miller, P.E., Imerim Administrator Public Works Department Tim Clemon$, Waste, water Director Karl W. Boyer, P.E., Senior Project Manager Tom Satterfield, P.E., Project Manager ) o CTL~NGE ORDER NO. 4 PROJECT NO. 7401 i TO: Samuel HubscNma~ President The Gl~des, Inc. 7200 Davis Boulevard Naples, Florida 34 ! 12 DATE: March 19,1997 PROJECT NAME: South Regional Reclaimed Water Storage Pond Project PROJECT NO: 74011 Under our AGREEMENT dated Ck~ob~ 24, 199:5 You are hereby authorized ,.nd directed to rn~ke the following changes in accordance with Terms ~nd Conditions of the A~eerncnt: Excavate approxU'nately 45,000 cu. yds. of fill material from reclaimed water storage ponds and u-uck to Sugden Regiooal Park at $3.05 per cu. yd. for a total of approximately $137,250.00. Placement or' trucks to be dumped is to Ne as directed by Collier County surf. The delivery o£ 15,000 cu.yds, at the "Skimmers" site is to be at the rate of 12/20 loads per hour. FOR THE additive sum of One Hundred Thirty Seven Thousand Two Hundred Fifty Dollars ($137,250.00). Original Agreement Amount Sum of Previous Changes This Change Order (Add) Revised Agreement Amount $1,681,177.95 $ 270,745.32 $ 137,250.00 52,089,173.27 The time for completion shall be inrreased by 60' calendar days due to this Change Order. Accordir, gly. the Contract Time is no',,,, six hundred five (605) calendar days. The final completion date is July 14, 1997. Your acceptance of this C~ange Order shall constitute a modification to our Agreement and ',,.'ill be performed subject to all the same terms and conditmns as contained m our Agreement indicated above, as full)' as if the same were repealed in this acceptance. The adjustment, if any, to he Agreement shall constitute a full and f'mal senlement of any and all clatrr~ &the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. CONTRACTOR: The Glades, Inc. 7200 Davis Boulevard Naples, F.~/12 BY: '~m/~u~sc~an GHP/sc/coghp Accepted: OV, q'4ER: Boaxd of Count)/Commissioners of Collier County, Florida Ray~nond W. Miller, ~. Interim Public Works Admimstra~or *see attached loner Ma:ch 21, 19)7 Mr Raymond W. Millet. P E, ~teri~ Public Works Adrmm~tratnr Bo~d of Coun~ Commissioners of Co[hel (.'o~u~ty, Fh,nd~ RE: Pr.jeer No. 74011; Chsna~ Order No. 4 Highl'md Proposes of Lcr and Colhcr, Ltd, &s the Lcssoi of ~ffiuumt ~c.~cat ponds l~ated tm D~ Boulu~rd, Naples, Florida ~ld Col~er Co~' Is ~e I.e~cc of s~d In consM~Uun ol' yu~ ~pros~ of d~e pm~/gd ch~ge order lo wluch ~s leau~ is ~<hed, as gene~ pa~er of I.l~gM~d ~ci of L~e and Collier. I.ld., I huwcby a~e to ~e follo~' 1. Begmnin8 May 15, 1997, Co~¢r Co~' shall no~ be obliga~d to pay tent Ga u~ office effluent 2. L;p~ ~c ~M ~mplenon of project 74011 or July 14, 1997, whichever sh~ll ~st oecd. Colhcr Co~ty's du~ to pay rcnt ~hMI rcco~neace or Oolh~ Oo~ ~]! cease to use ~e Bo~evm'd pond~ for effluent 3. ~er ~n ~ose ;tc~ .~cifical~' mcnU~ed m i~s letter ~d c~c order n~r 4 Mr prqlccl 7~011. nc,~xg ~ ~s a~eement ~hall m,~' ~y of~e te~s of any a~c~c~ts ~'een ~)e Thank you lbr yovr ar, cation to tM; mat.:r Higkl~d Propc~xies of Lee and Collitc, I.td By' ~/ Samucl Ilubscl,.ma~ Geucral l'artuer By Thc Glades. Lac t)re,~:dcnt EXECUTIVE SLBIMARY ORECONUv~NDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND AUTHORI~- THE CHAIRMAN TO EXEC'UTE THE ATTACHED REAL ESTATE PURCHASE OPTION AGREEMENT IN CONNECTION WITH THE EXPANSION OF AIRPORT ROAD. ~: That the Board of County Commissioners approve and authorize the Chairman to execute thc attach~ Real Estate Purchase Option Agretrnen! in connection with the expansion Airport Road. CONSFDERATIO~: Resolution 96-130 was al:~'oved by the Board of County Commissioners authorizing the acquisition of property necessary to six lane Airpor~ Road from Pine Ridge Road to Vanderbilt Beach Road. In addition to the required property outlined in Resolution 96-130, staff has determined that an additional tract of land, consisting of at least 5 acres, was needed to construct a retention pond. After considerable research, staff has located a potential site, known as Sunshine Village PUD. Sunshine Village PUD has an existing drainage vystem which leads to an outfall along Airport Road. Should the Board of County Commissioners approve of the Real Estate Purchase Option agreement, st~ff will then have 90 days to obtain an appraisal, and other pre-acquisition requirements. The purchase price of $320,000.00, is consistent with other property in the area, and represents a considerable sa'~ings over purchasing land directly adjacent to Airport Road. FISCAL IMPACT: The purchase price of $320,000.00, pre-acquisition expenses, and closing costs of approximately $8,000.00 will be paid from fund number 331-163650-62031 (Airport Pulling Road). GROWTH MANAGEMENT IMPACT: NONE RECOMMENI)ATION: That the Board of County Commissioners approve and authorize the Chairman to execute the atlached Real Estate Purchase option Agreement; l.) If the approved appraisal report reflects ,, value of $320,000.00 or greater, staff is requesting the Chairman's execution of the Agreement For Sale and Purchase, and the Board's acceptance of the Warranty. Deed. 2.) Authorize staff to proceed with all pre-acquisition activities. 3) Authorize staff to record all documents necessary in the Public Records of Collier County, Florida in order to obtain clear title to the property. 4.) Authorize staff to proceed with proper closing and recording procedures. 5.) If the appraisal is less than $320,0~ha~ r~turn to the Board of County Commissioners for further direction. PREPARED BY: \ -:... L- -~',-- ----___ DATE: '~-3[o-°["~ Timothy L. Richardson,__Real Prope~ialist REVIEWED BY: ~~ Adolfo~. GoMalez, P.E., Of~f Capital Projecls ~,nagcm~nt , ,' . ..), DATE: ~ /'L 6/q "1 I ~arcel: Sun,hine V~ll~l~e RF_AL F~TATE PLrRCHAS~ OPTION AC, RF~'T THISAGREENfE]',,"rmadeandenttredlntolhis 18 dayot' March Sunshine Village ot'N,pl~s, Limited Company. a Florida Limited Cornl:mry. thc 'Owner"), and COLLIER COUNTY, a Political Subdivision of refcrtc~ to as the 'Purchaser"); WITNESSETH. that for thc sum of Ten Dollars ($I0.00) md ~ Ioo, d a~d ~ considcra6ons paid to thc Owner by the Purchaser, the rece'ipl of which is ~ ack~ and the mutual promises and covc'nsnts hereinafter ~t forlh. Owner I'~ lit"ams lo Perdtase:r a~ exclusive option and right to purchase thc: pro1::,Ctly more particularly dc:scri~ as: Sectior~ 2. Township 49 South. Range 25 East. Block 24 N % of NE % of SW Y. d SE %. less W 30 feet P.J'W as recorded in OR Book 1357. Page 1657 ~ Ihe Pubtec Records of Coil,er County. Florida. (hercinancr referred to as "Prcperly"), made a part of this Real Estate Purchase O,~~r-''n (hereinafter rcfcrrcd to as "Option AD'ccrncnt"), for a period of ninety (90) cl~ys. (be~'~na f'ter r~fcrro:! to as 'Option Period'). from and after execution hy this Option AD'cement by thc Purch~s.t"r. subjct'~ the terms and conditions hereafter stated. O'w'ner acknowledges and a~ees that Purchaser. prior Io exercising its option, must obtain acceptable financing, undo'flake reasonable investigation of thc prcrpo, ly and metq all ~:~phcabl¢ statutory requirements. Chvner aD'ecs that during thc Option Period thc Property will not be leased, sold or cncumb~.red to any other party. The Proper~y. as defined in this Option A~ecmenh shall include all minerals contained in the Property. all non-public water righls perlaining lo Ihe proper~y and all impro,,'cments thereon. lr Purchaser exercises its rights in accordance v,'ilh this Oplion A~ccmcnt. then thereafter, Agreement of Sale and Purchase. referenced ns Exhihil "A". attached hercto and made a i:an hercof, (hereinafter referred to as the "Contract"), shall be executed by both parties within sixty (~0) days of such written notice by Purchaser and shall govern thc relationship orthe panics in all resp¢c:s. Purchaser's exercise of ils lighls purs~an! to th;s Option Agreement shall be evidenced by the Purchaser giving written notice to the Owner by certified mail. return receipt requested, ~o Iht O~'ner at Iht following address: '0 Sunshine Village orNaples. Limited Company. a Florida L~miltd Company .:$'.$'-V;,-.~;,';~;.?.:.'.'_~.n.; 4960 Traynor Court if at the expiration of Ihe Oplion Period. Pu~ch:,ser kas failed to provide to thc Owr, er appropriate r:o6cc of exercise of option in the manner prescribed, this OpHon Agreement shall becom.' null and void and of no fu,~hcr effect and neilher party shall has,,: any further rights or claims against the other. This administrators, successors, successor trustees, and ass{gns. Option A~'cemen,: shall bc binding upon the parlies hcrelo and their respective heirs. "i I'N WITNESS WHEP. POF, Ihe panics hereto h~ve ~uscd these i~'csents Io bc exe4uted in their respective names on the date first above wrlt~cn. AS TO PURCHASER: DATED: ATTEST: DWIGItT E. BROCK, Clerk BOARD OF COUNTY COMMISSION~ERS COLLIER COUNTY, FLORa'DA , D,c-puty Clerk By: Timothy L. Hancock. Chairman AS TO OWNER: DATED: 3/18/9'/ Sunshine Village of Naples, Limiled Company, a Florida Li .roiled C~nj;)l)~ny / President STATE OF The foregoing Real Es~ale Purchase Opdon Agrecrncnl was ~cknowledged before me this LimHed Company. '~ ho is I ~ day 19c[~ . by '~ ,~ ,'t~, ~[,.~4~ ~ne). {THIo). of Sunshine Village o~Nnples. Limited Company. ~ Florida ~llv ~ 19 me or w~ h~ pr~uced as i~ fic~ion. (Signa~ur~o f ~'e~a~ Public) Prim Name of Nota~ Public ~y Commission Sxpires: Tul~ Approved ~s :o form and leg~l sufficiency: Hcidi F. Ash~on /,.ssislanl County Allomey APR O 8 1997 PROJECT: AIRPORT ROAD PARCEL: SUNSHINE VILLAGE PUD AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered Into by and between Sunshine Village of Naples, Limited Company, a Florida Lh'niled Company (hereinafter reran'ed Io as 'Seller"), and Collier County. a political subdivision of the State of Fk~'ida. (hereinafter referred Io as 'Purchaser"), WITNESSETH WHEREAS, Seller is the owner of lhal certain parcel of real property (hereinafter referred Io as 'Property'), located in Co, liar Co~.mty, Stale of Flodda, and being more parlJculad¥ described as: Section 2, Township 49 Soulh. Range 25 East, Block 24 N ¼ of NE ¼ of SW ¼ of SE '/., less W 30 feet P./W as reccx'ded in OR Book 1357, Page 1657 In the Public Records of Collier County, Florida. WHEREAS, Purchaser is desirc. Js of purchasing the Property, subject to the conditions and olher agreements hereinafter set forth, and Seller is agreeable lo such sale and to such conditions and agreements. NOW, THEREFORE. and for and in considera[ic, n of the premises and the respective undertakings of lhe part,es hereinafter se~ forth and Ihe sum of Ten Dallars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideralion of lhe purchase price and upon the lerms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described herein. II. PAYMENT OF PURCHASE PR1CF 201 The purchase price (THE 'PURCHASE PRICE") I'or the Property shall be ~ .................... ~do!lars.(US Currency) payable at lime of closing. Three Hundred Twenty Thousand ($320,000.00) CLOSING 3.01 The Closing (THE 'CLOSING DATE", "DA"E OF CLOSING", OR "CLOSIHG") cf the transact,on ,*hall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not laler Ihan July 31, 1997, un!ess extended by mulual written agreemenl of the parties hereto. The Clcsing shall be held al the Collier County Attorney's Office. Admmis{rafion Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by ~he parties in connection with the Clcsirtg shall be as follows: 3.011 SeTter shall convey a markelaDle title free of any liens, encumbrances, e),:ceplions. or qualificalioqs. Markelable lille shall be delermined aCCOrding to applicable Lille stand.~rds adopted by the Florida Bar and in accordance with law, AS the Closing, the Se~ler shall cause to be delivered to the Purchaser the items specified herein and the fol!owir~g documenls and inslrumenls duly execuled and acknowledged, in recordable form: 30111 Warranty Dee~ in favor of Purchaser conveying title Io the Property, ~ree and r_Jear of all liens and encumbrances other lhan: (a) The lien Icr current taxes and assessments. EXHIBIT "A' PAGE 1 OF 9 1 APR g 8 1997 (b) Such other easements, reslrictions or conditions cR record. 3.0112 'Gap', Tax Proration. O-,,vner's and Non-Foreign Affidavit. 3.0113 Combined Purchaser-Seller closing slalement. 3,0114 A W-9 Form. 'Request for Taxpayer Identificalion and Certihcalion' as required by the Inlefnal Revenue Service. 3.0115 Such hnslruments as may be required by the title insurance unclerwriler in order lo hnsure the 'gap' and issue the pohcy contemplated by Ihe tit~e insurance commitment. 3.012 At the Closing. lhe Purchaser, or its assignee, shall cause to be to the Seller the following; 3.0121 A negotiable inslrument (County Warrant) in an amount equal to the purchase price. No funds shall be d~sbursed Io Seller until the Title Company verifies lhat the stale of the lille to Ihe Property has not changed adversely since Ihe date of lhe lasl endorsement to the commitment, referenced in Section 4.011 Iherelo, and Ihe Tdte Company is irrevocably committed to pay Ihe Purchase Price lo Seller and ID issue Ihe Owner's lille pohcy Io Purchaser in accordance with the commdment immediately after the recording of the deed, 3 0122 Funds payable Io lhe Seller representing the cash payment due al Closing in accordance W~lh Article III hereof, shall be subfect Io adjustment for prorahons as hereinafter set forlh 3.02 Each party shall be responsible rot payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay al Closing all documentary stamp taxes due relaling to the recording or Ihe Warranty Deed, in accordance with Chapter 201.01. Florida Slalules, and [he cost of recording any instrumenls necessarylo clear Seller's lille to the Property. The cost of the Owner's Form B T*lle Policy, issued pursuant to Ihe Commilmenl provided for in Seclion 4 011 below, shall be paid by Purchaser. The cosl of the lille commitment shall be 0eld by Seller 3.03 Purchaser shall pay for the cost of recording Ihe Warranly Deed. Real Properly taxes shall be prorated based on lhe current year's lax with due allowance made for maximum allowable discount, homestead and any other applicable exemplions and paid by Sailer. II Closing occurs at a dale which lhe current year's millage rs not fixed, taxes will be proraled based upon such prior year's m~llage IV. RF. CJ21REMENTSA.~ID COJ'JD!TION5 401 Upon execulion of this Agreemenl by bolh part,es or at such other lime as specif, ed within this Arlic~e. Purchaser and/or Seller. as the case may be, sha!l perform Ihe following within the limes staled, which shall be condd~ons precedent lo the Closing; 4.011 Within ffleen (15) days after the dale hereof, Seller shall furnish lo Purchaser as evidence of title an ALTA Commitmenl for an Owner's Title Insurance Policy (ALTA Form B-lgY0} covering the Property, issued by a national lille insurance company. Iogether with hard copies of all exceptions shown thereon, Purchaser shall have ffJeen (15) days. following receipt of lhe lille insurance comm~/merJt, lo holily Salter in writing of any objection lo lille olher Ihan liens evidencing monelary obligalions, if any, which oblioalions shall r.~ pa~d al closing. Permitted exceptions shall include, but are not limited to, the following: (t) applicab;e zoning regulalions and o-d~nances of the county having jurisdict:,on over Ihe use of the Property; and (2) real properly taxes and assessmenls I'cr 1997, which are not yet due and payable. (3) axis!lng morlg,)ges which shall be salisl'ied at or prior to Closing. EXHIBIT "A' PAGE 2 OF 9 APR O 8 1992 4.012 If Purchaser shaft fail lo 3dvise the Seller in vcntin9 of any such objections in Seller's title in the manner herein required by this Agreer'r~nl, lhe titte shall be deemed acceptab]e. Upon nolif, cation o¢ Purchaser's oDjection to title, Seller shall have thirly (30) d~ys tO remedy any defecls in order to convey good and marketable title, except for hens or monetary obligations which wilt be satisfied at CIosi~. Seller, at ils sole expense. ~hatl use Its best effocls to make such lille good and marketable In the even! Seller Is unable to cure said objections within said lime pedod, Purchaser, by providing whiten notice to Seller within ~'wo (2} days after expiration Of said Ihirly (30) day pedod, may accept lille as it then is, waN, ir~ an? obiection; or Purchaser may ter'minale Ihe Agreement. A fadure by PurChaser tO g~ve such wntlen notice Pi lerminabon within the time per, od provided herein shall be deemed an election by Purchaser to purchase the Proc~.rly in accordance wdh Ibis Agreemenl. 4.013 Purchaser shall have th~ oplion, at its own expense, lo obtain a current survey of the Properly prepared by a surveyor licensed by Ihe Stale of Florida. No adjuslments Io the Purchase Pnce shall be mede based upon any change to the total acreage of the Properly, if any. Seller agrees Io furnish any existing surveys of Ihe Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. IiNSPECTION PERIOD §.01 Purchaser shall have lhirly (30) days from lhe dale of lhis Agreemenl. ("inspection Penod"). to delermine lhrough appropdale invesligaticn Ihat: 1. Soil tests and eng,neering stud~es indicate that Ihe Property can be developed without any abnormal demuC~,mg, soil stabdization or [oundahcns. 2. There are no abnormal drainage or environr,:entel requirements to the development of the Properly. 3 The Properly is in compliance with all applicable Stale and Federal environmenlal laws and the Properly is free from any pofluhon or contaminalion. 502 If Purchaser is nol salis~ed, for any reason whatsoever, wilh the resulls of any inve..hgalion. Purchaser shall dehver to Seller prior to lhe expiration of the Inspecbon Penod. wrflten notice of tls talent,on lo waive the applicable contingencies or tO terminate this Agreement If Purchaser fails 1o notify the Seller in writing of ils specff'~c objections as provided here,n '..;dhm the Inspection Period. it shall be deemed thai the Purchaser is salisfied wilh results of ds investigalions and Ihe contingencies of this Adicle V shall be deemed waived. In Ihe event Purchaser elects lo lerminate Ihis Agreement because of the right of inspecbon. Purchaser shall dehver lo Seller copies of all engineering repods and environmental and soil lest,ag results commissioned by Purchaser with respecl to Ihe Property. 503 Purchaser and its agenls, employees and servanls shall, al Iheir own risk and expense. have Ine righ~ lo go upon Ihe Properly for the purpose of surveying and conduchng silo analy~.es, soil bor,ngs and afl olher necessary invesligalion. Purchaser shall, in pedorming such tesls, use due care and shall indemnify Softer on account of any loss or damages occas;oned thereby and agamsl any claim, made aga~nsl Seller as a result of Purchaser's enlry. Seller shaft be nctifled by Purchaser no less than twenly four (24) hours prior to said inspection. of Ihe Properly vt. t N S ~ EC,]'I~[~ 6.01 Seller acknowledges Ihat the Purchaser, or ils aulhonzed agents, shall have the right to inspec! the Prope,'1, y al any lime Pnor lo the Closing. w~ P_Q.55ES S tON 7.1 Purchaser shall be enhlled ~o full possession of Ihe Properly at Closing. EXHIBIT "A" PAGE 3 OF 9 APR 0 8 1997 COP¥ Vlll. pRORATIONS 801 Ad valorem faxes next due and payable, after closing on Ihe Property, shall be proraled al Closing based upo~ lhe gross amount of 1996 taxe.~, and lhall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed Io perform any of the covenants and/or agreements cc, ntained herein whiCh are Io be performed by Seller, wilhin ten (10) days of WTllten notification of such failure. Purchaser may. at ils oplion, lerminale this Agreement by giving written n3tice of lerm~naPOn Io Seller. Purchaser shall have Ihe dghl Io seek and enforce all righls and remedies available al law or in equily Io a conlract vendee, including the right 1o seek specific perfotTr'.ance of Ibis Agreement. 9.02 If the P,~chaser has not terminated Ihis Agreement pursuant to any of the provisions aulhoriztr~ such terminal,on, and Purchaser l'ails to close Ihe transaction conlemplaled hereby or otherwise faiis to p~rform any of Ihe terms, covenants and conditions of this Agreement as required o~ th~ pa.rt of Purchase; to b~ performed, provided Seller is not in default. Ihen as Seller's sole remedy. Seller shall have the righl to terminale and cancel this Agreement by giving written notice Ihereof Io Purchaser. whereupon one percent (1%) of Ihe purchase price shall be pa,d to Seller as I,qu~daled damages which shall be Seller's sole and exclusive remedy. and nedher party Shall have any fuClher hab~hIy or obhgalion to lhe other except as sol forth in paragraph 12 01 hereof The part,es acknowledge and agree that Seller's actual damages in Ihe evenl ol Purchaser's delault are uncertain tn amount and d~ff~cult to ascertain, and thai said amount o1' hQu,date~ damages was reasonably dele.mined by mutual agreement between the part,es, and sa~d sum was not ~nlended I0 be a penally in nalure. 903 Should any hhgahon or olher action be commenced between lhe parties concerning the Properly or Ihis Agreemenl. Ihe parly prevailing in such htigation or giber action shall be enD!led, in addd~on to such rebel as may be granted. 1o a reasonable sum for its attorney's fees. parategal charges and all fees and cosls for appellale proceedings in such liliga~;on or olher achon: which sum may be determined by Ihe court or tn a separale action broughl for that purpose. 9 04 The part,es acknowledge that lhe remedies described herein and in Ihe other provisions of Ibis Agreement provide muluaIly satisfaclory and sufficient remedies Io each of lhe parties, and lake ,nlm accounl Ihe pecuhar risks and expenses of each of the part,es X ~[LLER:S. AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10 01 Salter and Purchaser represent and warrant Ihe following' 10 011 Seller and Purchaser have full right and authority Io enler into and lo e,'~cule Ibis Agreemenl and lc ur, deflate all achons and lo perform all lasks required of each hereunder. Seller is nol presently lhe .';uDfect cf a pending. Ihceatened or conlemplaled bankruplcy proceeding. 10C12 Seqer has fu!l right, power, and aulhordy 1o own and operate the Proper!y. and to execule, deliver, and perlorm ils obligations under this Agreement and the instruments executed tn connection herewdh, and to consummate Ihe Iransaclion contemplated hereby. All necessary aulhorizalions and approvals have been oblained authorizing Seller and Purchaser lo execule and consummate Ihe tranr, aclion contemplated hereby. At Closing. certified copies of such approvals shall be delivered lo Purchaser and/or Sailer. if necessary. 10013 The warrant~es sol forth in this paragraph shall be true on Ihe dale of this Agreement and as of the dale of Closing. Purchaser's acceptance of a deed to the said Property shall n.~I be deeme3 to be full performance and discharge of every agreemenl and obligalion on Ihe part OI the Seller 1o be performed pursuaqt lo the provisions, of th~s Agreement EXHIBIT "A" PAGE 4 OF 9 COPY 10.014 Seller represents that it has no knoYcledge of any actions, suits, claims, proceedings, liligalion or Investigations pending or threatened against Seller, et law, equity or in arbitration before or by any federal, stale, municipal or other governmental Instrumentality that relate to this agreemenl or any other properly that could, if continued, adversely affect Sel~er's ability Io sell Ihe Procerty to Purchaser according to the terms of this Agreement. 10,015 No party or p, erson o~har than Purchaser has an*/ dght or option to acquire the Property of an./portion Ihereof, 10,016 Until Ihe dale fixed for CIo~lng, so ~ as I,hls A~reement remains in force and effect. Sel~r sh, a~l n~t encumber o~ corwey any portion of the Property or any rights therein, nor enter into am/ agreemenLs granling any pars. on or entity any righls with respect to the Property or am/pad tl'~-reof, wtthoul first obtaining the wfltten consent of Purchaser to such conveyance, encumbrance, or agreement w'C, lch consent may be withheld by Purchaser for any r~aso~ whatsoever. 10017 Se~r represents Ihat there are no incinerators, septic leeks or c~sspools on the Property;, all waste, if any, is discharged into a public sanitary sewer system; Seller represents Ihal Ihey have (it has) no know~edge that any pollutanls are or have been discharged from the Property, directly or Indireclly into any body of water. Seller represenls the Property has r~l been used for the production, handling, storage, transportation. manufacture or disposal of hazardous or loxic substances or wastes, as such terms are de,ned in applicable laws and regulations, or any olher activity that would have toxic resuRs, and no such hazardous or to~ric subslances are currently used In connection with lhe operalion of Ihe Property, and Ihere is no proceeding or inquiry by any aulhority with respect thereto. Seller r~presents that they have {il has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage leeks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership Ihereof. Seller represenls none of Ihe Property has been used as a sanitary landhll. 10018 Seller has no knowledge Ihat Ihe Properly and Seller's operations concerning the Property are in violalicn of any apphcable Fe0eral. Slale or local statule, law or regulation. or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling atlenlion Io the need for any work, repairs, construchon, alleralions or installation on or in connection with the Property in order to comply wilh any laws. ordinances, codes or regulation with which Sel~er has not comphed 10.019 There are no unrecordcd reslricfions, easements Or righls of way (other lean exisling 2oning regufahons) thai restrict or affect Ihe use of the Property. and Ihere are no maintenance, conslrucl,on, advertising, managemenl, leasing, employmenl, service or olher contracts affecling Ihe Property. 10.020 Sel~er has no knowledge that Ihere are any suits, actions or arbitra:ion, bond issuances or proposals therefor, proposals for public rmprovemenl assessments, pay-back agreerne, nls. paving a?reemen/s, road expansion or improvement agreemenls, utility moraloriums, use moraloriums, improvement moratoriums, adminislrative or other proceedings or governmenlal invesligalion$ or requ~remenls, formal Or informal, existing or pending or Ihrealened which affects the Property of' which adversely affects Seller's ability Io perform h,~reunder; nor is there any other r_~harge or expense upon or relaled to the Property which has not been disclosed to Purchaser in writing prior to the effect,va date of this Agreement. EXHIBIT 'A' PAGE 5 OF 9 APR 0 8 ]997 ~.._ OO~ ~: COPY 10.021 Seller acknowledges and agrees that Purchaser is enlering into this Agreement based upon Sellers represental~On$ staled above and on the understanding that Seller not cause Ihe zon~g or physical condition of' Ihe Property to change from its existing state on the effective date ~ this Agreement up Ia and including the Date of Closing. Therefore. Seller agrees Pot to enter mia any conlract$ or agreements pertaining to or affecting Ihe Pro~erty and hal to do am/act or omit to perfon'n any act which would change the zoning or physhCal conditio~ of lhe Property or the governmental ordinances or laws govermng same. Seller also a~'ee$ to notify Purchaser i~'on'~Ity of any change in Ihe facts co~tained in the foregoing re~esentat~:h'ts and at any Police or prol:x~ed change in the zoning, or any olher action or notice. I1~1 may be proposed or promulgaled by any third partes or any governmental authont~s ha-~nng jurisdiction of ti~e developmenl of the property which may restrict or change an,/' other cond~t~3n o! the Pro~erty. 10 022 At lhe CIo~'~. Seller shall delwer to Purchaser e statement (hereinafter called the 'Closing Ret:~'esentat~ve Statement') reasserting the foregoing re~esentation~ as of the Dale of CIo$~. wh~.h ~ov~o~s shall sue'we the Clo~ing 10 023 Seller represents, warrants and agrees to kx:lemnify, rem'R:~le, defend and hold Purchaser hero,ess from am/ and all COSlS (in~Jud~3g allonle~s fees) a~.~led agatnst. imposed on o~ ~'tct~ec b~ Purchaser. d~recl~ or ind~rect~, pursuant Io or i~ connection Ihe appl~T, at,:)n of any federal, slate, local or ~"~mon law relatmg lo ~ut~o~ or l~'otechon of lhe en~ronment which shall be ~n accordance W~lh, but Poi lirmted 1o. the Con3prehens~ve Enwronmenlal Response. C..omp~nsahon. and L~ab~ht¥ Act of 1980. 42 U.S.C. Secbon 9601. et se(:l. ('CERCLA' o~ 'Supedund'). wh,ch was amended and upgraded b~ Ihe Supedund Ar'~endmenl and Reajthor~zahon ACt c¢ 1986 ('SARA'). mClud~ng any amenCments or successo*' ~n fu~-l~3,n to these acls Th,s provfs~O"'t and lhe nghls of Purchaser. hereur~er. shal~ su~nYe Ck:~'*g and are hal deemed tel,shed by conveyanC~ of Idle. 10 024 Any loss andlcr damage Io Ihe Property belween the dale of Ihis Agreement and Ihe dale of Closing shal~ be Se,eF$ sole nsk and e~pense Xl NOTICES 11 01 Any nobce, re(]uesl, demand. ~nslruChOn or other communication 10 b~ g~ven Io e~lher par~y hereunder shall I:~ ~n wnl,ng, sent by ~eg{stered. or cerlff~ed mail. return race,pt requesled, postage prepa,d, ad.~ressed as fol!ows If to Purchaser Rea' Prcpedy Managemenl Depaclmenl Adr3~n~sltahon Budding 33~1 Tam,am, Trad East Naples. Florida 341 Wilh a copy Io' He~O F. Ashlon Ass~slanl County AIIorne¥ ofr~ce of the County Altorney Adm~n~slral,on Building 3301 Tan'.,am~ Tra~l East Naples. Florida 34112 If Io Seller Inle-nal~onal Rea/dy Consultants 4001 Tam~am~ Tra~l No,lb. Suite 265 Nacles. Flonda 34103 Wilh a copy to Sunshine Village of Naples. Limiled Company :~5;%',,,~-C~;~.~-.~ 4960 Traynor Court .,.;:,-.!:C.F,~_--~__~_-'~_O0 Naples, FL 34112 EXHIBIT 'A" PAGE 6 OF 9 1997 :COPY 11,02 The addressees and a:Jdresses for the puqx:~se of this Article may be chef, ged by either party by gi,~r~ w~en notice of such change to the other party Jn the manner prov~cled herein. For the pufl:x~e of ct'~r'~r~g such addresses o~ addressees o~ly. unless end until su~'l written notice ts receNad, the last addressee and respecFVe address stated herein shall be deemed to continue in effect fo~ aft I:XX~cses. Xll. [~£AL ESTATI~ 12.01 Any and a~ ~a~ ~si~s ~ fees ~fl ~ t~ ~ res~si~li~ of the ~tler ~fter shift ~ ~r I~ ~ P~ler ~Ss ~ I~ ~atnst any ~aim or e~a~d ~ ~r ~ I re~ ~ ~er, ~s~n ~ re~elen~t~, ~ ~n ~th this Agree~nt. Sefler ~rees ~ pay .ny a~ a~ ~miss~s ~ fees it ~i~ pu~uant ~o the terms ~ a ~r~e ~ee~. H ~. 13.01 This Agreement may be execuled in any manner of counterparts which together sham conslitute the agreement of t~',e panics. 13.02 This Agreemenl and the. terms and provisions hereof shall be effective es of the date this Agreement I~ e~ecuted by bo~h parties and shall inure to 1he benefit of and be binding upon the parlors herelo ar~ their res~ctwe heirs, executors, personal representatrves, successors, successor trustee, and assigrees whenever the context so requires or admils. 1303 Any amendment to this Agreemenl shall not b~nd any of the parlies hereof unless such amendment is in w, nting and executed and dated by Purchaser and Seller. An~ amendment lo this Agreerr~n( shaq be b~ndm, g upOn Purchaser and Seller as soon as it has been executed by bolh pa rl~,s 13 04 CaptK)'ns and sect~,n )'~eadings contained tr~ this Agreemenl are for convenience and reference o~ty; ~n no way do they defsne, descnbe, extend or limit the scope or intent ol this Agreement ~ an'y p~ovis~ons hereof 13.05 All terms and woFds u'led in ;his Agreement. regardless of the number and gender in which used. sha'[ De deemed to include any other {;ender or number as lhe context or the use thereof may raGu,re 13 0~ No wawer of any prov,sion of this Agreement shall be effective unless it is in W~ihn~ signed by lhe parly aga:nsl whGm it ts asserted, and any waiver of any provision of lh~s .,~.greemenl shaq be apphcabte only to the specif',c ~nstance Io which it is related and shall nol be deemed to be a ccnt~nu~ng o~ future waiver as Io ~uch ~rovls~on or e waiver as to any other prows~on. 1307 If any da~e sbecif~ed in Ihts Agreement falls o'1 a Saturday, Sunday or legal holiday, lhen It'~e dale to wh,ch such refe~e3ce is made shall be extended to the next succeeding business day 138 Setter ~s aware of and understar, ds that 1he 'offer" lo purchase represented by this Agreemenl ts sublect lo ~cce~Jance and approval by the Board of Ccunty Commissioners of Colher Counly. Flor:da E KHIBIT 'A' PAGE 7 OF 9 .) 'C0P 13.09 If the S~r holds the Property I~ Ihe form of a p~r~n~r~hlp, limited pa~hip. ~at~. t~i ~ a~ f~ ~ re~e~ntat~e ~padty ~tS~Vlr f~ ot~, Seller shall ~ke a ~en ~ d~e. ~di~ lo C~pler 2~, F~a S~t~e~, ~er oath. of ~ ~ a~ ~ress of e~ ~rs~ ~ I ~fidal interest In t~ Pro~ ~f~e Pr~e~y ~ in su~ ~a~ ~ ~ve~d Io Colher C~n~. (If I~ ~at~ is r~tered ~th the Federal ~t~s Ex~ C~mission or registered ~rsuant lo Chapter 517. F~dd~ StaluleS, ~e Sl~k ~ f~ see to the ~neral ~b~ic, ~ ~ ~reb~ exempt Irom ~ pr~sior~s of C~pter 2~, F~a 13.10 ~is ~ree~nt ~ ~d a~ ~stmed In a~rdan~ ~th ~ ~ of t~ State or F~da. / x~v. ~ 14.01 Th~. Agreem,ent ind the ixhibit~ attached ~rlto ~in ~ enltre ~me~nt ~en ~ ~s. I~ ~ ~. r~n~l~, we~ln~ ~ ~nt ~l ~ed ~ this made In ~t~ a~ eze~ed a~ deled ~ ~th Put. Set a~ Se~er. T~ is of the essence of this ~ree~nt. IN WITNESS WHEREO!¢. the parhes herefo icl for'ih lheit har'~ls seals. Dated prOlect/Accu'isd,.O~ At. roved by BCC: ~,S TO DATED: ATTEST: DWIGHT E. BROCK. C~rk , Deputy Cierk BOARU ,:DF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COPY T~mo~hy L. Hancock. Chairman / AS TO ~ELLF. j~ DATED:__3 / t WITNESSES. ' ' J[ !S~nature) RecJqy ~u t t~er Mary Volcy (Pnnled Name) Sunshine. Village of Naples, Limited Co0lpany, a. //'-'/ f ~ '." // - Titl~__._R r ;k c,)..Z t t e liofstetter President EXHIBIT "A' PAGE 8 OF 9 Akk U 8 1997 GOUNTY O~ ~ 'COPy Th~ Im'ego~ng Agreement Fix Sale and Pt~d~ase was ac~dged ~f~e ~ Ihls I ~ ..day of (affix no~adal seal) (S~gnalufe ofJ~NolarY Public)~a~,~[~, D. ~ Print Name of Notary Public Commis~.ton Numb~f.___~ 1'O13 ~ cf My Commission Expkes: "3',,,/.~.¢ I,Q, Iqq'~ Approved as to fo~'m and ~g:~l suff~oency Heidi F. ^shton Ass~stanl County A?lo~'ney EXHIBIT "A" PAGE 9 OF 9 EXECUTIVE SUMMARY RECOMMENT)ATION TO APPROVE AND EXECUTE ~ NOTICES OF CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO PAY SEWER I~4PACT FEE STATEMENT FOR THE WYNDEMERE SUBDIVISION OB4~_~I~: That the Board of County Commissionen as the governing body of Collier ~Z~ounty, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize the chairman to execute all Notices of Claim of Lien attached for properties that have not paid sewer impact fees within the Wyndemere Subdivision. CONSID_~: The Wyndemere Subdivision connected to County's wastewater facilities on April 11, 1991. Property owners ofrecord, as maintained by the Property Appraiser's office were notified by certified mail to pay the required sewer impact fees in accordance with Ordinance No. 90-87, as mended, Chapter 88-499, Laws of Florida. Delinquent property owners have received a re-notice by certified mail that wa~ sent in late July, 1996. Owners have the availability to finance the impact fees along with the interest accrued on delinquent impact fees. All recording fees will be borne by the propegy owner. Let'ten to property owners have been prepared and upon execution and recordation of the liens, staffwill proceed to mail said liens: PROPERTY O'er'ER OF RECORD 1. THOMAS & JEANNE RIOILDAN 2. BARBARA MILLER 3. EAJLL J. & JO .,MWN DUNN 4. JOHN S. & JOSEPHINE MAPoR 5. ANDERSON DEVELOPMENT WEST INC. 6. A?FDERSON DEVELOPMEN'I' WEST INC. 7. JOHN H. & BLA. NCHE A.NN BASL. ER PROPERTY I.D. NR.IMBER 46645000908 81121123005 46071360005 22035000286 46645000953 466~5501300 66071850308 T?,e County Attomey'~ Office has reviewed and approved the above listed Notices of Claim of Liens for legal sufficiency. EL$.C_C&L_131P_&C~T: Fiscal impact will include the cost of certified mail which is budgeted in account no. 408-2101 t0. Sewer impact fees, delinquent interest charges and recording fees will be collected from prope~'ty owners in accordance Ceunty Ordinances and Laws of Florida, and deposited in the sewer impact fee fund (413). The delinquent sewer impact fees total is $8,413.00. Estimated interest accrued on the delinquent sewer impact fees totals $2,F85.97 througl, Ap,ql i 1, 1997. ~ t Exccutive Sun. nary Nofice~ ~f Claim of Lira Pa~e 2 GROWTH IVlA~AGEMENT IM~A~: No~. RECOMMENDATION: The Int~'im Public Wor~ Adminim'a~ r~commend~ that the Board o-f County Comn~uionc'~ ~ the governing body of Collier County, Florich, and aa Ex-Officio the Governing Board of the Colli~r County Wa~er. Sewer Di~zict do ~e following: 1) Authorize the Chairman to execute the Notice~ of Claim of Lien for the collection of acwer impact fees. 2) Record Notice~ of C!aim of Lien within the Official Records of Collier County upon completion of a gap ~arch to be conducted by staff. CiNdy M. E~, Senior Engineering Techniciafl -Edw~d N. Finn}' Operations Director APPROVED BY: Raymoh~ W. Miller, P.E., ~tcfim Public Works A~inis~ator APR O 8 lS97 A~ sis~n~ County Anorne'y Office of the County Anorney 3301 E. Ul 'I'm.n'dmn~ T~I N~p les, Fl<~.n da 3.4112 (9,41) Folm N',~'n b~r: NOTICE OF CLA. XM OF LIEN FOR SEWER SYSTEM IMPACT FEES ihasu.ant to Collier County Oral··oct NO. 90-16 u ~ Cb~t 88-499, Laws of Florida.. ~u'~d other apphcablc provision of la,w, The Board of County Comntiuionen of Collier County. Florida, u the GovCl'n,mg Board oft,he CollJ~ County Wazet-S*'rw~r ERs:net. hcrcb? files th~s Notice of Claim of Lien for use Sewer Syst.-'m lrnp-.'t Fees on th~ follo',,,'ing described rtal prol:,,clmy located in Col)ier County, Flcrr)da to wit: LOT 18, GRASM'[RE AT W'YNDEIviER,E, PHASE I, A SU~DMSION ACCORDING TO T'riE PLAT T'H~R.EOF AS RECORDED IN PLAT BOOK 15. PAGES 22 AND 23, OF ~ PUBLIC RECORDS OF COLLIER COIJNTY, FLORXDA. AS DESCRJ~ED DC THAT DOCUT,4EN'T ILECOPJ)ED DC OR BOOK 2158, PAGE 1]53 OF TITE pLFBLIC RECORDS OF COLLIER COUNTY. FLOP.IDA. According to the Public R~ords of Collier County, Florida, t, he described property ~ently ~s o,~.'nc:d by T'HOMA. S & J~AdqN'E R]OI~AN, P.O. BOX 249, ~DO, N'Y 10987-0249. This Notice of Claim of Li~n for Sewer System Impact Fees is in principal amount of $1,340.00, which principal aznoum shall bcaz intt-r~-t from NOVEMBER 4, 1993, at the statutory rate for finaJ judgme'nu calculated on · caicnd.tr da),' ~as~s. until pm~d Dated this . day of , 1997. AT'TEST DWIGHT E BROCK.CLERi BOARD OF COUNTY COMMISSIONERS COLLIER COb,~TY, FLORIDA. AS THE GO','ER..'N'L'~G BODY OF COLLLER COU'NFT'Y ANq3 AS EX.OFFICIO THT. GOVER.%']'NG BOARD OF THE COLL[ER COUN'TY WATER-SE~,'F..R DISTRICT BY: TIMO1-HY L, FL~'qCOCK. AJCP CH.adP. MAN APR 0 8 1997 Hcid, F. Athton [.,,(,r,/ Assistam County OIT~ce of thc County Attorney 3301 ~ Tamiaral Trail NEQlcs, Flori~ 34ll2 (941 ) 774-M00 Folio Number. 22035000286 NOTICE OF CLAIM OF LIEN FOR SEWER SYSTEM 13'[PA~ FEES Pursua,rn to Colbc:' County Ordiaatw. e NO. 90.-$6 aa aamzz~:L ~ 1.~.99. Law~ of Fk~fiC. J. and o~ct ~l:dicabl': p~avision of law, Ibc Bosom of Couat7 Coaumuio~r~ of Collirr County, Flori~, la thc GovcrmaI ~ of ibc Colli~ Cotmty W-set-Sewa' Dnstr, ct. hereby files this Notice of Claim of Li~m for thc Sewer S~sterc: Imp:ct Foe~ o~ thc follow,ne described real property Iocatod in ColLier Co~mty, Florida to wit: CONIX),qSZ..5.1 UN'IT 401. AM~LEWOOD, A CON'DONflNKJA'I, PHA~E I. ACCOR.D[NG TO T'F[E DF..L"LARAT]ON OF CONT)O,".{IT,,q'VM T'H~ILEOF. RECORDED AT OR BOOR. 1 PAGES 611 THROUGH ? 18, INCLUSIVE. PUBLIC IF. CORDS OF COLLIER COU'N'TY, FLOP/DA. TOGETHER WITH ALL APPURTENANCES A.',tD EASEMENT RJGH'rS ~0, INCLUDING AN b'NDrVIDED [NTEX~T IN THE CONg, JON ELEMENTS AS SL:'r FORTH IN SAID DECL.AILATION OF CONDOMINTLD4. Accordme to the P~blic Records of Collier County, Florida, thc ~tly ,s o~ by JO~ S a JOSEP~ ESTATE BY ~E EN~. ~105 ~s Not,ce of Clam of Li~ for S~ S~ ~p~t F~ ia m ~c ~1 ~o~;I of S 1.340 ~. which pn~ipal 1~3. a~ the s~:o~ rite f~ final jud~ pa~d Datcdlhts . . dayof . 1997. ATTEST: D'V,,']GI,-IT E. BROCK, CLERY, BOARD OF COL.rNTY COMD4ISSIO.";ERS COl Ln:R COUNTY, FLOP[DA. AS THE OOV'EKNTNG BODY OF COLLIER COLFNTY AND AS EX-OFFICIO TH.E GOVEIL\TNG BOARD OF THE COLLEER COUNTY WATER-SE'g/ER DIST]LICT TD, IOTHY L. HANCOC~ ;JCP CHAIR3,L~N 8 1997 i Fobo Number: 4607136,'XX)5 NOTICE OF CLAIM OF LIEN FOR SEWER SYSTEM LMEPA~ FEES Pu~ua.n~ lo Collier Count70~dU:m~c¢ NO. 90-86 u ameaded, C~ 884~, ~ of F~ ~ o~ ~licable ~3sion orlaw, ~ ~ o~C~ C~m~ of Colh~ Co~. F~nda. u thc ~v~ng Bo~ of~ Co~ C~ W~-~m D~s:nct. h~cby files ~is No¢lcc of Claim of Lam f~ ~ ~ S~ ~ F~ ~ c~ follo~'sng denned real ~o~' l~a~ed ~ ColU~ Co~, ~on~ to ~t: LOT 29. OF GOLF COTTAGES AT W'Y'N"DENEF_RE, PHASE ri, ACCORDENG TO THE PLAT THER.EOF A& RECORDED [N PLAT BOOK 14. AT PAGES 53 AND 54, OF TH~ PUBLIC RECORDS OF COLLIER COb'N'FY. FLORIZ)A. According lo thc I~ublic Records of Collic'r Co~n~', Fl~la. thc described propert'7 as~atrntly ~s o'~rned by EARl. J. & JO ANN DUI~,'N, HUSBAND AND WIFE. AS TENK,~FS BY TH~ EN'TIR.ETY, 13 I~GH R.IEX3E RO~, MONTVALE, N~ 0764S. 'Ih,ts Notice of Cla:m of Lien for Sewer Sys~e'rll ].n'gs~t F~ is i~ the Ptxncipal ~mt of S1.340 00. which pnncipai atr, ount shall bc~ imcr~s~ fi,.~, NOVEMBER 4, 1993. ni the s~arulory ra~e for final judgrncnu, calculated off a c4dencL~' al.I)' buis, -.'~til paid. Dated this ,, day of ,. 1997. ATTEST DWIGHT E BROCK. CLERK BOARD OF COUNTY CO.~4~,IISSIO.X."EP,.S COLLFFR COL .'NTY. FLOR[DA, AS THE GO".'EK,\'E~G BODY OF COLLIER COL.'N-I'~' ,~.\'D .&S EX-OFFICIO THE GOVER.\TNG BOARD OF THE COLLIER COU'N'I'~' WATER-SEWER DISTRICT TI}.IOTHY L. t~,..NCOCI~ AICP Folio N~"nber: 460"/I ~50305 NOTICE OF CLAIM OF LIEN FOR SEWER SYSTEM IMPACT FEES l~,"s~t I~ Coliio Counry Ontm'J~cc NO. gO.-~.6 u ~'~cacl~l, G"~ ~4~9. ~s of FI~ ~ o~ ~hc~lc ~sion oFf,w. ~c Bo~ ofC~ C~~ of Colli~ Co~, Flo~d~, ~ ~ ~v~l ~d of~c ColUm C~ ~s~ct. hereby files t~Js Notice o~ Claim of Lira for the ~ S~ ~p~ F~ on · c followm! denned r~l pr~ l~a~cd in Colll~ Co~. Florida Io LOT 53. ~LF CO,AGE AT ~E~E~. P~E ~. ACCO~NG TO ~ PLAT ~[~OF, ~ ~CO~ ~ PLAT B~K I b AT PAGE 93 ~ 94 OF ~ P~LIC ~CO~S OF COLLIER COL%~. FLORA. Ac4ordmi ~o ~hc l:hiblic R~:or~ of Collier Count,/. Flodd~ ~ d~scdbcd property ~tly is o~ by JO~ H. & BL~ ~ B~LE~ ~SB~ ~ ~E, 23 R~K C~ST D~ SIGN~ ~tO~, ~ 37377. ~ N~ of ~m of Li~ for S~, Sys~ ~p~t F~ is m ~e ~i~l ~o~ of $1~.~. for final j~m~s calcula~ on a cal~ day bmis, ~61 pdd. Dated ~h~s I ' day of , 1997. A'I-I EST DW'.GHT E BROCK. CLERK BOAJ~) OF COL,'%-FY CONCX, llSSION'ER.S COLLIER COG,~-i'Y, FLOR_fDA, A.5 THE C. OV[ ~',,'I'NG BODY OF COLLrFR COL%-FY A.\'D AS EX-OFFICIO THE GO','EP..\I.XG BOARD OF THE COLL I/R COL%'TY WAT£R.SEV,"ER D1SI-~CT T~tOTHY L. H.M,~COCK., AJCP CHAIRNIAN APR 0 B 1997 'I'hi~ ins~tnrnt pr~azed H¢idi F ~hton A~sist.xm County Anomey.~. Office of the County Anomey 3301 Ea.s-t Ta.rru~ni Trail (941 ) 77~ Foho Number 46645501300 NOT'ICE OF CLAIM OF LIEN FOR SEW'ER SYSTEM I~IPAC"T FEES Pu~'su.xnt to Colher County Oremance NO. 90-$6 u ~mc'ndcd. Cha~lcr 88-499, Laws of Florida. u.,d ocher ~.pphcable provision of lab-, The Bo,~rd of County Corr~rms.sloac~s of Coli~er Count, Florida, u the Governing Boa, rd o/thc Collier Count/Wa~er-Sc'~'er D~stnct. hereby files ~h~s Notice or Claim of Lien for thc Sc'wet Syslcm tmpa~! Fees on d',e follo~,ng described real property located tn Collier Counb'. Florida to ~,n LOT 13. GRASMEI:~ AT 9,'Y'N'DE,MER.E. PHASE Fl, ACOFLDD,;G TO TJtE PLAT THEREOF AS P~CORDED FN PLAT BOOK Iff. PAGES 20 A~%'D 21. PL'BLIC RECORDS OF COLLLER COUNTY. FLOR/DA. According lo thc Pubhc R~ords of'Collier County, Florida. the described prol:~-.rty appa.,cndy Ds owned by A.",'DERSON DEV'ELOPMEN'T WEST I~IC., A FL. OIL[DA CORPORATION. 2187 T'R.*,.DE CENTER WAY, SUTTE ~3, NA/~LES. FL 34109. 'i'his Not,ce of Claim of L~en for Se'wer Sy,slm Impac! Fees is in ~c p, fincil:~J amounl of $1.34000, s,.hlch pnnmpal a.mo~nt shall ~ Lntc-n:s~ from NOV'ENf~ER 4, 1993, at thc s~rulor?- rile for final judgments calculated on a calendar day b~sis, until pwd. Dated this day oF , 1997. ATTEST DWIGHT E BRC~"K. CLERK BOARD OF COL,'NTY CON{%IISSION"ERS COLLIER COU,'N'TY. FLORID.-~ AS THE CX3VERNi'NG BODY OF COLLIER COL%'TY AN'D AS EX-OFFICIO THE GOVERNING BOARD OF TH[ COLLIER COb,'N-I'Y WATER-SEWER DISTRJCT BY: TI~OTHY L. H. A2~CC, CK_ AJCP APR 0 8 iSS? / Folio Number: NOTICE OF CLAIM OF LIEN FOR SEWER SYSTEM IMPACT FEES Pu,'suant lo Collier CourtW Ordirm'lce NO. 9G.-86 as amended., ~tc'r 89499, L~ws of Florida. and other apphcabl¢ provision oflew, The Bo~d of County Corm:ml. sioner% of Colher County, Flonc~. as thc Governing Bo.~rd of thc Collier County Waler-Sewer D~st'nct. hereby files th:s Notice of Claim of Lien for the Sewer Sysac-m Impact Fees on thc folio,.., inS de~nbed real property Io¢atr, d in Collier County, Florida to ,.,,'il: LOT 19. GR.ASMEP,~E AT WYNDEMERE. PHASE I, ACCORDEN'G TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK IS, PAGES 22 A.,";D 23. PL"BLIC RECORDS OF COLLIER COU'NTY. FLOR[DA. According lo thc Public R~ords of Collier County, Florida., the dc~ribed proper~ · ppa.,':ntly ~s o'*'ned by ANDERSON DEVEVELOPMENrF WE.ST [NC., A FLOR.IDA COP-.POP. AT1ON. 2187 TRADE CENTER WAY, SUITE #3. NAPLES, FL 34109. Th~s Nouc¢ of Cla:m of Lien for Sew~ System Impact Fc~:a is m thc principal amount of SI,340 O0. wMch pnncipal a~'r~unt shall bca,r interest from NOVE,MEBER 4. 1993. at the statutory rate for final judg:menLt, calculated on a calendar day basis, until pa~d. Dated this day of . 1997. AT-TEST DX¥1GItT E BROCK. CLEPd( BOARD OF COUNTY CONCM1SSION"ERS COLLIER COLq',TY. FLORIDA. AS THE GOVERI~T~G BODY OF COLLIER COU,'?,,TY AN'D AS EX-OFFICIO THE GOVEFL\TNG BO.~J~D OF ] HE COLLIER COU'NTY ',A'ATER-SEV,'ER DISTRICT TIMOTHY L. H. ANCC~'K.. AJCP I ;~.r~ u l~ iS97 A~,ist. a.'~t Co~mty Atto~¢')'~ .3~01 E,~ TlztY,~i Tra,il N~les, (941) Folio Nta'nber: II 121123005 NOTICE OF CLAIM OF LIEN FOR SEW'ER SYSTEM LM~A~ FEES I~r~..t ~ ColJi~ County OrdLr~nce NO. 90-14 .. ~ Cl~n' 1~-499, Laws of Fkn'id~. ~ other m~licablc ):novi$ion of L~w, TYse Board of~ty Coramissicmen of Collie~ County, Flond.~. as the Govemins Bo~xl of the CoUicr County ~%ter-Sewer I~stnct. hereby files t~ui Notice of Claim of Lien for the Sewer Sy~em Lrnpact Fees on the follo~, mi descnbe, d real properxy localed in Collier CounT, F1°nda to SEE ATTACHED EXIffl~BrT INCORPORATED I.~REIIq BY R.E,rERE~CE According to the Public ReconSs of Collier County, ~ the de:~'ribed q:~patt"mly is owned by BAR.BAR.A MILLER, A MARRIED WOMAn. & DEW NEW CA,NA. AN. CT 06gs, O. Th~$ No~ce of Cla~ of Lka for Sewer Sy's~'m Fees is m the pnncipal amount of $373.00, wi'rich principal ~,,noum shall ~ ~tere~ fi'om NOVEMBER 4, 1993. at the statutory rate for fu~l ju~g~'nenu, c~culated on · c~endat d~y basis, until pad. Dated this da), of , 1997. ATTEST BOARD OF COLr~'TY CO?VLMISSIOI~'ERS DW1GHT E BROCK. CLERK COLLIER COU%'T'Y. FLORIDA. AS THE GO'v~ERN1TqG BODY OF COLLIER CO~ A.\q:) AS EX-OFFICIO THE GOVER.N'T~. 'G BOARD OF THE COLLIER COL,.~TY W~kTER-S~: VeER DISTRICT BY: TIMOTHY L. HANCOCK, AICP J ARRO8 1997 EXHIBIT LEGAL DESCRIPTION OF U"NTT 3, BUILDING B. PART OF TRACTS ?AND $, O.R. BOOK 891, PAGE I$40, ~,'ATER OAKS AT WY'N'DEM'ER.E, P.B. 14, PAGES 21-22, PU'~LIC RaECORDS OF COLLIER COUNTY, FLOI:LFDA #56 Bcg-./'m. ing al thc nor',.herlymos~ comet common to Tracts ? and 8, O.R. Book 891, Page 1840, Walet Oaks ill ",g'yr~cmete, P.B. 14, Pages 21-22, Pubhc Records of Colliet Cou.nry, Florida, thence llont the northetl¥ bound~y of s~.id Tr'~:t 8, Sou~ 62°-00'-00'' F.4~,.ll 4?3 feet; thence Ir. mY'rog s~Jd b~und,m,r7, South 14°-00'-.00" We:st 130.30 feet to the southerly boundary of said Tr'~t B: thc'ncc .long s-id southerly boundary north~'cslerly 37.52 Feel aJong thc m~ oFa non-t~g~liml circular curve concave to thc oorthe.ut, )u~'mg m r'adJu.s of 281.00 Feel. through m central mngel of 07*-39'4)2" ~ being subtended by a chord which bean North 66'.19'-31" Wc~t 37.49 Foci to the southerlyrnos! comer cotruTIon to t,~Jd Tram:ts '7 ~m.'ld 8: thence along the southerly boundary oFu,d Tr~cl 7. North 62'-30'-00" V, es~ 8 99 feel. thence leaving sa~d boundzt'y North 12'-00'430" E~t 134.~S foci lo the nor".hcrl7 boundaa-y of sa~d Tr~cl ?; thence ~-Iong said bound,try South 62'-00'-00" East 47.20 foci to thc Point of Be~ntung of'the parcel hetcm described; cont.unmg 0 15 x-rcs more or less; ~bjccl to casetnems and restrictions or record. be. anngs ~ b~ed on thc narth hn¢ of the south % of thc nor'~ 'A of Scx:tioa 19, To~.-.~hap 49 South, Range 26 East, being Non. h 89'-36'-39" West Dimc-n.slons ~ m Feet and docimals there,of. Dimensmns on curves are L - Asc, CD - Chord Dis-tance, 6 '" Delta. R - Radi~, CB - Chord Beanng. FOLIOs: 81121123005 EXECUTIVE S...~ RECOMMENDATION TO APPROVE AND EXECLrrE THE NOTICES OF CLAIM OF LIEN FOR THE ENTORCEMENT OF THE NOT!CE TO PAY WATER IMPACT FEE STATEMENT FOR THE ~WNDEMERE SUBDMSION _Q.~: That the Board of County Commi,sioner~ aa the goverrdng body of Collier County, Florida, and aa Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize the chairman to execute all Notices of Claim of Lien attached for properties that have not paid water impact fees within the Wyndt..'znere Subdivision. CONSIDERATIONS: The Wyndemere Subdivision connected to County's water facilities on August 2, 1993. Property owners of record, as maintained by the Property Appraiser's office were notified by certified mail to pay the required water impact fees in accordance with Ordinance No. 90-86, as mended, Chapter 88-499, Laws of Florida. Delinquent property owners have received a re-notice by certified mail that was sent in late July, 1996. Owners have the availability to finance the impact fees along with the interest accrued on delinquent impact fees. All recording fees ,,,,'ill be borne by the property owner. Letlers to property owners have been prepared and upon execution and recordation of the liens, staffwill proceed to mail said liens: PROPERTY OW%'ER OF RECORD 1. NORTHWEST CONSTRUCTION CORPORATION 2. STEPHEN J. & PATRICIA L. ANDERSON 3. ROBERT B. HOPGOOD, JR. 4. EARL J. & JO AN,'N DU-N~ 5. ANDERSON DEVELOPMENT WEST INC. 6. ANDERSON DEVELOPMENT WEST INC. PROPERTY I.D. NUN~ER 28780840009 28781040002 27380080008 46071360005 46645000953 46645501300 The County Anomey's Office has reviewed and approved the above listed Notices of Claim of Liens for legal sufficiency. ~PACT: Fiscal impact will include the cost of certified mail which is budgeted in account no. 408-210110. Water impact fees, delinquent interest charges and recording fees will be collected from property owners in accordance County Ordinances and Laws of Florida, and deposited in the water impact fee fund (411). The dehnquent water impact fees total is $5.000.00. Estimated interest accrued on the delinquent water impact fees totals $468.34 through April 1i, 1997. Executive Summary Notices of Claim of Lien Page 2 GROWTH MANAGEMENT LMPACT: None. B,,gCOMMENDATION: The Interim Public WorPa Administrator recommenc~ tlxat me Board of County Commissioner~ as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District do the following: 1) Authorize the Chairman to execute the Notices of Claim of Lien for the collection of water impact fees. 2) Record Notices of Claim of Lien within the Official Records of Collier County upon completion of a gap search to be conducted by staff. Cindy M. ~rb,~eni°r Engine~ing 'l:echnician ' ] KEVIEWED BY: (__'~.. , Edward N. Finn, Operations Direclor APPROVED BY: Ray'mona W. Miller, P.E., Interim Public Works Administrator APR 0 0 1997 Fo~ N~ber: 28781040002 NOTICE OF cLAIM OF LIEN FOR WATER SYSTEM IMPACT FEES Pursaam to Collier County Ordinance NO. 90-86 ss ~,~cnded, C'h~t cr 88499. L~ws of Flor. da, n'.d other applicable provision of la*,,. The Board of County Commissioners of Colht-r County, Florida, u the Govt"minj Bo,u'd of the Collier County Water. Sewer Ehrmct. hereby files th.is Not.ce of Claim of Lien for the Water Sys:,-'m Lmpact Fees on Sc f,llow/nj described r~al property located in Collier County, Floricia to wit: SEE ATTACHED INCORPORATED I-[EILEIN BY RF. FERI[NCE A~mg to ~he Public Recorch of ColLier County. Florid~ the de-,.chbed property q~anmtly ss owned by ST£PH~N J. & PATRICIA L. ANDERSON, 218'7 TRADE CENTER WAY. SUITE ~'3. NAPLES, FL 34109. This Nolte of Claim of Lien for Wat~ System Impact Fees is ua the principal amount of $900,00. which princ/p~ amount shall bear interest from December 16. 1996. al Lhe statutory rate for final judgrn~ma calculated on a calendar day basis, until paid. Dated this da)' of , 1997. Al'TEST BOAJLD OF COL.'NTY COMMISSION'ERS DW3GHT E BROCK. CLEP, K COLLIER COL,'NTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS £X-OFFICIO THE GOVEILNTNG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: TIMOTH'Y L. HANCOCK, AJCP C HAIR.kL&'q EXHIBIT "A' Condomsruurn Urut D-101, Couruid¢ Commo~ of Wyndcmere. A Condormmum. accordtn8 lo thc Declat-~tion of Condonuruum th~cof, retort, ed tn O.R. Book 1169. Pag~ 2136 I/trough 2242. inclusive. Public Records of Colhcr County, Florid~ ~s arner~l~ by Firs1 Amendmtmt recorded m O.IL Book 1221, Paa~s 1194 tl~rough 1213, Pubhc Records of Collig County, FlOnd~ which subm~u P1xxses I1 u~d Ill to the Condornirfium form of ownerslup. ~nCluding ~n u~v~dexl mteres~ m ~e commoo elem~u u s¢~ forth Ln Sa~d Declar~z~on of Coodominium. Subject to ~11 the arms azxl provisions of~ ~~ ~l~tion ofC~~ ~ m ~u, ~io~, ~cuo~ ~ ~auve ~v~u ~ f~ ~ ~ ~1~ of Cov~u. C~u~ ~ R~ of W~ ~ m O R B~k 916. Pag~ 1080 ~ 1105. u ~ by ~m~u r~rd~ m O,~ ~k I 111, Pag~ 1710 ~u~ 1~21. ~d O R B~k 1205, Pago 16~ ~ou~ 1702, ~1Pubhc R~rds or Colh~ Co~, Flod~ w~ch by ~ce offs de~, ~e G~lee ~mm~s lo ~1de by ~d ~o~. FOLIO#: 287810~0002 ~PR 0 8 iS37 Folio N~nbc-r. 4664S000953 NOTICE OF CLAiM OF LIEN FOR WATER SYSTEM 1342PACT FEES Pursuant to Collier County Orctina~e NO. 90-16 aa amidol ~ ~-~99, L~w% of Florida. ~ oth~ I,pplic a~l¢ provision of law, The Boa,rd of C~ty CommJuione'rs of Coll:~ County. FIonda, u thc Governing Board of the Collier County Wa~r-Sc'wcr D~smct. hc'rcb~ flies Ss Noc~ce ol'Cl~ of Lic'n I'ot ~ Water Sys't~m lmpacl Fc~s on t~ fc IIo'~.'mi cic~cnbcd rc~l ptopcrry Iocaz~l in Colii~ Count/, Fiori6a to ~t: LOT 19, GP. ASMEP~ AT W'Y~rDElv~R.E, PHASE 1, ACCOR.DDCG TO ~ PLAT T'I-~P.~OF AS RECORDED D,I PLAT DC)OK 15, PAGES 22 AJ~"D 23. PUBLIC RECORDS OF COLLZER COUNTY, F'LOR.[DA. Acco.-dzng lo 0~c Public Records of Collier County, Florida, ~e described prell'rtz a~cntly ~s o~ned by A.N'DER.SON DEV'ELC, PIV[EN'T WT. ST liNC,, A FLORJZ)A COR. POP..ATION. 21~? TRADE CDNTER WAY, SUTTE ~3, NAPLES, FL 34109. 'rt~s '¢otice or Cltim ol' Li~ for %'~tct Sys'tm lmp~l Fec-s is in thc pri~ipd amount of $990 00, ,.,.'h~ch principal ~,rno,~n! sh~ll bc~t int~t;s! from NOVEM~3ER 12.19~6, st the sututory ~tc foe t'mal judi:mmt, s c~Iculated on a c~cad~' day basis, until pdd. Dated 0~s .. day of .., 1997. ATT l:ST BOARD OF COLrN'FY CO.',4~ISSIOI~"EP.S D~,'IGHT F BROCK.. CLI:R.K COLLIER COtu%"TY. FLORIDA. AS THE GO~,'[R.',,"DCG BODY OF COLLIER COL ,'%'TY A.',,'D AS I:X.OFFICIO TIlE GOV£R.',,'T.~G DOAJ~) OF ~ COLLIER COLJ'N'I-Y ~,'ATER-SE'A~'ER DIS'I-E..IC"T BY: TD4OTII'Y L. HA.',~COCK. AICP C~ 1997 T'~ tr,.r'~um~m prm~r~,, A.~i~ta.qt Co~ Ano~y O~cc of ~ Co~ A~om~ 3301 ~ T~i~i Tr~l N~I~.FI~a 34112 (941 } 77~84~ Folio Numbs: 46645501300 NOTICE OF CLAIM OF LIEN FOR WATER SYSTEM IMPACT FEES l~u"s .,;,~n! to Collier Co~m1'70rdi~c NO. 90-86 ~ amcmlexL ~ 88-499. ~ of Fk~,(Lt. and other applicable prc~'isic~ of law, TI~ Boa~'d of County Cam~is.sior~:rs of Colher Count/. Fl°nd-a. u ~ Oovettung Board of the CoUier County Water-Sewt-r D~saacL )-,~rtby f~les ttus No6ce of Cl~'m of Lien for I,he Water System ~ Fee~ cm t~he follo~'"~ng dcS':'nbed rtal ~ kxated m ColPer County, Florida lo wit: LOT 13. GP,,ASMEILE AT WYT,i'DEM~a,,E, PHASE fl, ACORD[NG TO THE PLAT TI-~REOF AS RECORDED IN PLAT BOOK 16, PAGES 20 A%T) 21, PUBLIC RECORDS OF COLLIER COLFN"I'Y. FLORIZ)A. A,:cc~dtng Io the Public Record-'~ of Collier County, Flori~l,g the ~scribed property spparrmly is o,~'ned by AJq'DERSON DEV'ELOPM]ENT WT, ST [NC., A FLORIZ)A COPJK)RATION, 2187 T1CMDE CENTER WAY. SluTTE 13. NAPLES. FL 34109. T~ss Notice of CLtim of Lie~ for Water System tmpac~ Fee~ is in tl~ principal amount of $900.00, which principal aznount shall beai' interml f~m NOVEM]3ER 12, 1996. at the statutory rate f,w final judgments calculated on a caJtmlar c~ay basis, until p~uci. Dated this ~ clay of .,, 1997. ATTEST: BOARD OF COL.~'I'Y COMMISSION'ERS DWIGHT E BROCK,. CLERK COLLIT. R COL,'N'FY. FLORIDA. AS THE GOV'E1L\7~. 'G BODY OF COLLIER COL .%'TY A-\T) AS EX-OF F ICIO TH E GOVER.','T~G BOARD OF THE COLLIER COL,rN'TY WATER-SE'~,~R DISTRICT TLMOTHY L. HANCOCK. AICP CH. AI~MAN I~'G. __ ~) ' , NOTICE OF CLAIM OF LUEN FOR WATER SYSTEM ISM]PACT FEES Purs~mt m Collier County ~ NO. 90-g6 u ~ ~ ~-499. L~ws of Fk~dt ~nd otho' ~lic~blc provision of Jaw, T'bc Do~ of County ~ssior~t's of Collier County. Florida. ~ ~ Govcm. ing Bo,~rd of thc Colb~ C.o~/W~tcr-Scwer D~stn~. h~rct~y files ti'us N~ce of Cl~m ofLi~ f~ ~ Wat~ S~ ~p~ F~ ~ ~ fo{{o~ mI d~n~ ~ ~ ~t~ ~ ~ Co~, F~ ~ ~t: LOT 29, OF GOLF CCYl'TAGES AT WYNDEMZR~ PHASE R, ACCORDD,;G TO ~ PLAT TTIE. P~EOF AS R.ECORDED DC PLAT BOOK. 14. AT PAGL~ 53 AJ~'D 54, OF THEE PUBLIC RECORDS OF COLLIER COU~"VY. FLOR[DA. Acceding to ~hc Public R~corcts of Collicr Count),, Flork~ tJ~ dc~zib~ ~ ~rrntly is owncd by EARL J. & JO ANN DUN'N, HUSBAND A24D W~'E, 13 HIGH ~E ROAD. MON'FVA.LE, NJ 07645. This Notice ofC'l~m of Lie~ for Water Sys~..-m Impact Fets is in ~he principal ~mount of $900.00, which pdncil:~l amount sha~l bear rotc'rest from NOVEM]3ER { 2. 1996, at the sta~'utory rate lot fu~J judgments caiculnted on a calcndaz da) bzs~s, umil paid, Dated th~s __ dzy of , 1997. ATTEST DWIGHTE BROCK. CLERN BOARD OF COL ,'N'TY CO.k1?",{ISSION'ERS COLLIER COL .'N'I'Y. FLORIDA. AS THE GOVER.\'TNG BODY OF COLLIFR COU,'NTY A,N'D AS £X~OFF1CIO THE GOVE~.",'ING BOAJ:LD OF T~E COLLIER COL,,"VTY WATER-SE~,'F_R DIST'PJCT BY: TLMOTHY L. I-LAJ,iCC)CK. AJCP APR O B 1997 Th~s b'~s~rummt prcl:>~ted by: Hcidi F. Ashton ,/'~ ~. ~ A.~i,~ County At, omc Office of',,h¢ Co,,~/Attorney 3301 F.~ Tuni~."'ni Tr-~l N~plcs, Flo~da 34112 (941) 774- ~.OO FoLio N,,lmber: NOTICE OF CLAJ. M OF LIEN FOR WATER SYSTKM IMPACT FEES P,.~s~--~ ~o Collier County Ordi. a,,mce NO. 90-~6 sa ame~ect, Chalet g8-499, Laws of Flod4.t, and other applicable provision of law, ~ Bo~'d or' Co~ Commi~iot~rs of Collier Count/. Flonda. ~ the Govcr'n~$ Board olive Collier County Water-Sewer D~is~,ct. hereby files thss Notice of CItLm of Lic~ for thc Water Sy~te'm Lmp~cl Fe~s on t. he follo~ini describe4 rc~l ptopcrt~ Soc~led in ColLier County, FIo~cLa to CON'D,O~V~-'Nr~'~ U'NTT A-102, TH7. COM]viONS OF WY'N'DEMEEKE. A COt,,"DO,~"I%'TL,'M. SECTION ONE. ACCOP..,DD, IG TO D£CLAKAT1ON OF CONDONfD, FI'UM TH~KEOF, RECORDED AT OFFICIAL R. ECOR. D BOOK 955, PAGE 9[3 T"H~OUGH I~CLUS;VE, A~"','D SUBSEQU'DN'T ~N~'¢'l~ THEiLETO, PUBLIC R.F_CORDS OF COLLI~..R coLrtcT'Y, FLOR[DA. TOGETHEE~. WiTH ALL A~PU'RTENANCES TH~TLETO. AccordinJ to thc Public Rccor~ of Collier Couaty, Flodc$~. L~ dc~'ribcd propc'rty ~:~mtly is owned by ROBERT B, HOPGOOD, JR. A S~GLE ~. 1~ ~E~E~ WAY. A-102, N~LES, FL 34105. ~s Notice orCiaim of Li~ for Wa~ System ~pac~ Fees is in ~e p~ip~l ~o~ of S~.~, w~ch pn~ipd ~o~ shall ~ in~ercs~ ~om ~O~ER 8, 1~3, a~ ~c s~m~o~ ~te for ~1 jud~u calculated on a calendu day b~is, ~til paid Dated this ~ da.',' of , 1997. ATTEST DV,'IGHT E BROCK. CLERK BOARD OF COUNTY COF~4iSSION'ERS COLLIER COUNTY, FLO]:L[DA, AS THE GOVEIG~"[~G BODY OF COLLIER CC U'N'"i'~' AND AS EX-OFFICIO TH~ OOVEKND,IG BOARD OF THE COLLIER COb'NTY WATER.SEW'ER DISTRJCT BY: TI]',4OTT.rY L. HANCOCK., AJCP O/'~ce of the County Anorne7 33OI ~ T~i~ Trail N~let. FI~ 34112 (941) 7~4~ Folio Number: 21750~ NOTICE OF CLAIM OF LIEN FOR WATER SYSTEM IM?ACT FLEES ~ I,o Collier Cotmr~ Oriinanc¢ NO. 9G-~ sJ ~ C"~ $~.499, Laws of Fk:~d~, ~ OtheT ~lica.blc provision of law, The Bom'd of County ~ of Collier. County, Florida. as tt~ Govc'ru~ Board of th~ Collier County Wll~'-.~"~' girtnet, hereby filel, this Notice of Claim of Lir~ for ~be Water Sy~em ~ F~e,s on the fol~o',~anR dei, cribed rca] ~ Jocalod in Collier County, Florida ~ wit: CONDOMINIUM LrNTr C. 104, COURTS1DE COI~[MON$ OF W'Y'N'DEMEP. E, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONIX)MINTUM THLR~OF RECORDED lin OFFICIAL ILECOR.D$ BOOK. !169, PAGES 2136 THROUGH 2242, ENCLU$IVE, AS A.MENDED, PUBLIC P. ECORD$ OF COLLEER COUNTY, FLORIDA. According {o the Public R~.x)r~l.I of Collila' County, lqorida, the d~scrlbed ptx~)erty sj::,patt'ntly is owrmd by NORTH'W'E,ST CONSTRUCTION CORP., ~410 TAJ~llAM] TP..M'L NORTH, SUITE 210, NAPLES, FL ~4103. This Notice ofClaim of Lien for Water System Imp:icl Fees ii in the pnnCipal I,.mount of SS00.00, which prir~ipaJ amount ahzil bca, r interest from Nov~nber 12, 1996, ~i the sta.'utory rzle for flog jud~m~ats calculated on a cllend~ day basis, until pa'id. Dated th~s ~ dayof , 19<)?. AT l E _~ T BOARD OF COL%'TY COMMISSION'E KS DV,'IGHT E I~ROCK. CLERK COLLIER COL,rNTY, FLOKIDA. A5 THE GOVER.NTNG BODY OF COLLIER COLrlwrY ,~.ND AS EX-OFFICIO THE GOVERNq'NG BOARD OF THE COLLIER COL.?,rrY WATER-SEWER DISTR. JCT BY: TIMOTHY L. HANCC:CK., AICP C1-LAJ~MAN ~c~~) EXECUTIVE SUMMARY APPROVE AMENDMENTS TO RIGHT-OF-WAY USE LICENSE AND AGREEMENT ~ITtt FLORIDA POWER AND LIGHT COMPANY FOR NEW RECLAIMED WATER MAIN. ~ That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer Did;tract, approve Amendments to fight-of-way use License and Agreement with Florida Power and Light Company for a new reclaimed water main and authorize the Chairman to execute documents to permit the Collier County Water-Sewer District to construct a new reclaimed water main in Florida Power and Light Company fight-of-way. CONSIDERATION: The Lakewood Reclaimed Water Conversion construction project will soon be :,dvertised for bids. This project includes the construction ora new reclaimed water main within Florida Power and Light Company (FPL) right-of way between Radio Road and Davis Bou!evard. The new main will be parallel to an existing reclaimed water main in the FPL right-of- way. ,~SCALIblPACT; None. PREPARED BY: REVIEWED BY: GROWTlt MANAGEMENT IF!PACT: None. RECOMMENDATIO,NS; Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of thc Collier County Water-Sewer District, approve and authorize the the Chairman to execute Amendments to License and Agreement with Florida Power and Light Company. ?~,,._./.,,~ c~, ~,,,./~' DATE: '~- ? ~- ~? -. Ronald F. Dillard, P.E., Project Manager Oflic'k of Capital Projects Management Ado,fo / Office of Capital ProjcctrManagcmcnt R~rnd W. Miller, P.E., Interim Administrator Public Works Division RFD:rfd cc: Tim Clcmons, Wastcwater Director Attachments APR 0 8 1597 AMENDMENT TO LICENSE THIS AMENDMENT TO LICENSE entered into this _ day of ,, 1997 at Naples, Collier County, Florida by and between Floric~a Power & Light Company whose mailing address is P. O. Box 029100, Miami, FL 33102, hereinafter referred to u "COMPANY", and Collier County, a political subdivision of thc State of Florid,x, whose mailing adch'ess is 3301 East Ti. miami Tra3, Naples, Florida 34112, hereinafter referred to as 'LICENSEE'. W1-LEKEAS, the COM2A}4'Y Nd LICENSEE have previously entered halo a License dated September 30, 1987; ~d WHEREAS, the COMPA~TY md LICENSEE are deairous of ~mending the License. 'WITNESS ETH NOW THEREFORE, in consideration of the covenants provided herein and other valuable consider'atio~ the par~ics agree that thc said License is hereby amended ~s follows: 1. in addition to thc usea pennim'd under the License, LICENSEE may construct a new sixteen inch (16') rcua¢ rrmn adjacent to the existing twelve inch (12") main in the Florida Power & Light righl.of-way. Said six,cea inch (16") main shall bc constructed as per Hole, Monies & Associates, [nc. drawing dated November, 1995, called Project 95.71. Drawing ma~ked Exlubil "B" and attached herelo a~d made a part hereof. 2. Except as cxprcss!y provided herein, thc License remains in full force and cffcc! according to the terms and conditions contained therein. rN WITNESS WHEREOF, the COMPANY and LICENSEE have hereto executed this Amendment to License thc day a~cl yca. t firsl abo,,c written. AS TO THE COMPANY FLORiDA POWER & LIGHT DATED: WITNESSES: Prmlcd.'T yp~d N&rr~ Prmted.'T)ped N~m¢ (2) Pr~ed.q'Fl~:d Name AS TO '[HE LICENSEE: DATED: A"ffI'E S T: D'~,qGHT E. BROCK. Clerk BOAP. D OF COLq'4TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Approved a.s Io form and legal sufficiency: Hcidi F. Ashton Assistant County Attorney J APR 08 1997 L ,' I I i APR 0 8 1997 liAT~J~ 8TA~CH I ~,PR 0 8 L_ APR 0 8 I I I '1[~ I 'T L [' APR 0 § 1SBT AMENDME~ TO AGKEEMENT THIS AJ~ENDM~NFT TO AGP~EMENT entered into this ~ day of .., 1997 at Naples, Collier County, Florida by and between Florida Power & Light Company whose m&iling addzess is P. O. Box 029100, Miazni, FL 33102, hereinafter referred to aa "COMPANY', ar,:l Collier County, a political subdivision of the State of Flori'Ja, whose mailing adcLrcss is 3301 ILxst Tarniami Trail, Naples, Florida 3,4112, hereinafter referred to as 'COUNTY". WHEKEAS, the COMPANY and COLFNTY have previously entered into a Agreement dated September 30, 1987; and WHEREAS, the COMPANY and COLrNTY ~ desirous of aznending the Agreement. W'ITNESSETH NOW THEREFORE, in consideration of the covenants provided her~in and other valuable consideration, thc patti-n agr~ that the ~aid Agrecment ia hereby amended as follows: I. In addition to the uses permitted under the Agreement, COUNTY may construct a new sixteen inch (16') reuse mzin adjacent to thc existing en, clve inch (12") main in the Flofidz Power & Light right.of, way. Said sixteen inch (16") main shall be constructed as per Hole, Montes & AJsociatca, Inc. drawing dated November, 1995, called Project 95.71. Drawing mxrkcd Exhibit 'B" and att~:hed hereto and made a p~'~. hereof. 2. Except as expressly providc~ herein, thc Agreement remains in full force and effect according to the terms and conditions contained therein. IN W~T'NESS WHEREOF, the COMPANY and COUNTY have hcrclo executed this Amendment to Agreement thc day and yc~x first above wrmen. AS TO THE COMPANY' FLOR.IDA POWER & LIGHT DATED:. WITN~ESSES: BY: Prmted,"Typcd Name (2) prmte6'Typ~d Name AS TO THE COUNTY: DATED: A'I-TEST: DWIGIIT E. BROCK, Clerk BOARD OF COLJNTY COMMISSIONERS COLLIER COUT~TY, FLORJDA BY: TI~iOTHY L. HANCOCK, Chairman Approved as to form and legal sufficiency: Hcidi F. Ashton Assistant County Attorney h ;c~/~fL'ms~c/Ame~dn'~nt ~o A~n! FPL APR O 8 1997 L APR 0 8 1997 A?R 0 8 1~.q? ,.G. /Z~ APR 0 8 1997 ,~._JI / L APR 0 8 1997 APR 0 8 1997 THIS AG~EEM~ENT, Il roads thil~_ day of 19 ~g., between FLORIDA POWER & LIGHT COMPANY, a FIorida corporation, whose mailing address is P. O. Sox 029100, Miami, Florida 31102, hereinafter re~erred to as 'Company' and BOAPd~ OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI.ORIOA, whose mailing address is Collier County Go~ernmQnt Center, 3301 East Tamiami Trail, Naples, Florida 33962, herein referred to a~ 'Licensee'. Ail term~ u~ed h.rein ~half be construe~ a~ embracing ~uch n~ber and gender a~ the character of the p~rty or ~artie~ require(s). WITNESSET~ ~E~EAS Company Is th~ owner of title in fee simple to property in Collier County, ~lorida, hereinafter r~ferr~d to as 'land' and described as follows: FPL transmission right-of-way ll0' in width, as recorded in O. ~. Book 513, page 583, Capri Collier Tap 138 EV Line, South of Davis Boulevard. Ail lying and b~ing in Section 6, T~p. 50 S., ~ge. 26 E., as sho~n on Exhibit 'A', attached hereto and made a part hereof. AND, ~HE~S Licensee desires to occupy and use the land of Company for two 12' pipes for wastewater transmission facilities paralleling inside Company right-of-way, as shown on Exhibit 'A', and ~or no other purposes~ NO~, THE~EFOP~, in consideration of the mutual covenants and agr~emont~ contained herein, Company hereby grants and Licensee hereby ~c~ept~ a licer~se to use and occupy the land of Company fo~ the above described purpose, and for no other purpose, for a period of 20 years, unless earlier terminated a~ herein provided, beginning on the ]O~h day of _~cpte~r , 1987, and ending on the 30th day of _ Sep~e~ , 2007, for the total agreed amount of $10.00, plus sales tax if applicable, which amount shall be the ~et amount due and payable in payments of $10.00 each, plus sales ~ax if applicable, in advance, commencing on the first day of the term of this license Ail payment~ and notices shall be made to Company without demand F~RIDA POW£R & LIGHT CO~Y P. O. Box 1119 O Sarasota, Florida 33578 Att~ntion~ The partial hereto agree ms follows: 1. Licensee hereby acknowledgea that Company Is the owner of fee simple title to the land described herein and agrees never to claim any interest or lltate of any kind or extent whataoever in the land by virtue of thil licenle or the occupancy or ule hereunder, Licenaee'a ule of %he land ihall alwayl be subordinate to Company'a rightl in the land. Company reserves the right to enter upon the land et any time for its purpoles and I,icenlee Ihall notify its employees, agents, contractorl, lnvitees, and licenlees according'y. Company and itl contractors will not be reiponsible or liable for any damage or loss to Licensee resulting from Company's ule thereof for such purposes. 2. Licensee will net use the land in any manner which, in the opinion of Company, may tend to interfere with Company'a usa of the land or may tend to cause a hazardous condition to O exist. It is underatood by Licenaee that electrical equipment and appurtenances, including overhead and underground wires installed or to be inltalled on the land by Company are conductors o[ high-voltage electricity. Further, Company may at its discretion i~lstall or permit others to install upon the land other facilitiel such as, by way of lilultratlon and not of limitation, gas and oil pipelines. Licensee underltand~ that disturbance of any of these faciliti,3 may cause a hazardous condition. Licensee will exercise extraordinary precautions lo as to prevent damage or ln)ur~ to property or persons in the vicinity of such facilities. Licensee agrees to notify its employees, agent~, contractDrs, invitee$ and licensees of the existence of Raid bigh-¥oltage facilities and other installations- 3. If Company requests Licensee's consent for the construction o! any public works upon the land by a governmental authority, Licensee shall consent and agree to ~uch reque .,~.~~ _ APRG8 1997 _ Licansme agrees at its sole cost and expense to comply with all laws, rules, and regulations of any governmental authority having Jurisdiction over the land and to employ practices stlndard in the County in which the land loclted for the purpose for which thil license il granted and for the protection of the land. In the utilization of surface and ground water in connection with the occupancy and use of the lind, Licensee agrees to strictly comply with all applicable laws, ordinancel and governmental rulll and regulations, including, but not limited to, the Florida water Relources Act of 1972 as the lame now exiltl or al it may hereafter be amended. 4. Licenleo further covenants and agrees thlt it will not caule or permit any walte of %he land, including the removal of soil or addition of fill, without the written permission of Company. Licenlee shall keep the land clean and clear Io al to prevent it from becoming un,ightly and shall not itore materials and will lee to it that no debril or trash dumped or deposited hereon. Burning of tralh, debril, or brush is strictly prohibited on the land. Licenlee Ihall drill no well on the land nor conltruct or erect any building, structure, fixture, shelter, attachment, or other improvement, whether the same il permanent or temporary, wi%hour prior written permission of Company. Licensee agreel that no dynamite or other explo,ive shall be within the lalld and that no alteration of the existing terrain ihall be made which will prevent access by Company along or acros~ the land. Spraying of h~rbicide~ will be done in s manner so as to prevent the spray from making contact with Company facilities. Spraying using aircraft ks mtrictly prohibited. 5. Licensee may, at its expense and at no cost and expense to Company, install an irrigation system upon %he land, provided that said system is constructed of a non-morillo ma%e£ial and sprinkler heads ate set so the spray height hO.~ ~ - APR fourteen (14) does not exceed ~&~)~m~n (~) feet ·bore existing grade and does not make contact with any Company facilities. Above- ground irrigation systems shall not be installed within or across Company patrol or finger roads. Underground irrigation systems trolling patrol ·nd finger roadl ihall be buried at · minxmum depth of one {1) foot below existing road grades. 6. Fencel may be installed on, over or Scroll the land upon obtaining prior permlllion from Company, provided the License installs gates of adequato size to provide Company vehicles with ingrela and egrell to its facilities mt all times. Such gates shall be provided at all locationl where the fences cross Company patrol and finger roadl and at all locations otherwise Ipecified by Company. Fences and gates are to be grounded according to Florida Power & Light Company specifications. 7. Company may terminate this license by giving Licensee at least 365 days w£itten notice of such termination. In the event of such termination Company will refund any unexpired prorated portion of Licensee's advanced rental payment. Company may, at its election, terminate this license forthwith at any time if Licensee fails to comply with or abide by each and ail of the provisions hereof or keep all and singular Licensee's promises and agreements herein and any advance payments which may have been paid by Licensee to Company hereunder shall be retained by Company as and for liquidated dam·gus, it being understood and agreed that the damages to be incurred by the Company in the event of Licensee's failure to perform hereunder are not capable of being ascertained with mathematical precision as of the date of execution and delivery hereof. 8. Upon the expiration, revocation, or other termination of this license, Licensee shall quietly and peaceably surrender and deliver possession ~f the land in as good a condition as existed prior to the date of commencement hereof, and - 4 - Licsnaee ihall remove all personal property placed by it on the land and shall repair and restore and save Company harmless from sll damage caused by such removal. If such property is not so removed by Licensee, Company shall have the right to take possession of and appropriate to itself, without any payment or offset thereof, any property of Licensee or anyone claiming under Licensee then remaining on the land. Company shall have the right to make such removal at Licensee's sole cost and expenss, the amount of which Licensee agrees to pay to Company upon demand. 9. This license msy be extended prior to it! expiration with the mutual consent of Company and Licensee. Licensee understands and agrees, however, that Company has no obligation to extend the license and should Company and Licensee fail to agree upon the rental amount or any other terms and conditions of an extension, Licensee shall have the right to remove its personal property, prior to expiration, as outlined in Paragraph 8 of this license. 10. written notices shall be given to the respective parties at the addresses shown herein or at such other place ae one party may direct the other by ~ritten notice. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally, or posted on the land and if so posted shall be deemed served on date of posting, or mailed to Licensee directed to his last known address and if so mailed shall be deemed served on the buslness day next following day of mailing. 11. Licensee expressly covenants and agrees tb~t the land ~hall not be subject to any encumbrance by any mortgage or lien nor shall the land be liable to satisfy shy indebtness that may result frcm Licensee's permitted operation. This license will terminate automatically upon the death or dissolution of the Licensee or if Licensee shall beccme insolvent or bankrupt or make an assignment for the benefit of creditors. - 5 - APR $1997 12. This license shall be subject to and Licensee takes cognizance of all conditions, restrictions, and reservations, if any, which may affect the land. Licensee agrees to hold and save harmless and fully indemnify Company from any liability for breach of such conditions, restrictions, or reservations. 13. Licensee shall exercise its privileges hereunder at its own sola risk and agrees to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directorc, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorney's fees, which may be sustained by FPL Entities, to any person, natural or artificial, by reason of death or of injury to any person or damage to any properly, whether or not due to or caused by negligence of FPL Entities, arising out of or in connection with the use of the land by Licensee, its contractors, agents or employees, and Licensee agrees to defend, at its cost and expense and at no coat and expense to FPL Entities, any and all suits or actions instituted against FPL Entities for the imposition of such liability, loss, cost, and expense. Providud, however° this indemnity is subject to the limits%ion set forth in Section 768.28(5), Florida Statutes. In the event Licensee is insured for liability with limits in excess of the statutory amounts, Licensee's obligation shall extend up to but shall not exceed the limits of that insurance. 14. Licensee shall, during the perio~ of this license or any extension thereof, maintain at is sole cost and expense a liability po]icy with mlnimum limits of $1,000,000 for bodily injury or death of person(s! and $1,000,000 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 13) . A certificate of insurance is in force and will - 6 - not AP~' u ~ 1997 ,,.._/'9 cancelled or materially changed so as to affect the interest of FPL Entities until 10 days' written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the land is expressly contingent upon acceptance and compliance with the provisions contained herein. 15. Ail plans relating to the uae of the land shall be submitted to Company for approval prior to implementation. Licensee shall pay for all utility and other services furnished to or for Licensee on said land. Company makes no warranties or representations concerning the land or any means of ingreas thereto or egress therefrom. Licensee shall not uae for ingress and egress the right-of-way adjoining the subject property and Licensee shall not use the patrol and finger roads within the right-of-way for any purpose not herein expressly provided. At structures, a atrip of land forty (40) feet wide, 20 feet on each side of the structures, including anchors and appurtenant equipment, shall not be used. Licensee shall mai;ltain effective dust control measures to prevent contamination of insu~tora. No/~ equipment capable of extending greater than 4,~-~-e~n ( ) fee~ above exiating grade shall be permitted on the land. Licensee mhall not a% any time permit tree~ brush, plants,/~ or any other foiiege to exceed a height of WJ~f-t-u%~n above exi~%ing grade. 16. Licensee may assign this license in whole to a solvent party upon ob%alsing prior writ%e~ approval from Company, which a~proval ~hall not be unreasonably withheld. 17. Time i~ o~ the e~ence, and no extension of time 6hall be deemed granted unless made in writing and executed by Company and Licensee. This instr~ent constitutes the entire agreement between the partie~ relative to tho license hereby granted, and any agreement or representation which not expressly set forth herein and covered hereby is null -*- APRUB 1997 18. 19. and void. Any amendment, modification, or supplement to this license must be in writing and executed by both Company and Licensee. Waiver by Company of any breach of any term or provision hereof shall not be deemed a waiver of subsequent breach of the same or any other term or provision hereof. Should any provision of this license be determined by a court of competent Jurisdiction illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event Of any litigation arising OUt Of enforcement of this license, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorney's fees. This license includes and is subject to the following terms, conditions, covenants and restrictions: A. The Licensee shall obtain the approval of the Company prior %o cor~uencing al~y new comstruction, relocation, additions, upgrade, removal or reconstruction within the Company's easement. B. The Company is to be furnished two sets of construction plan~ ninety (90) d~ys before any construction is started. C. It is understood and agreed that in the event said lands of %he Company are abandoned by the Licensee and cease %o be used for original purpose that in such event this License shall terminate. D. Further, that in the event the Compa.%y facilities are required to be relocated and/or altered because of a conflict with Federal, State or local law~ and regulations then in effect due to use by Licensee, the Licensee will pay the cost for relocation and/or alteration, including any additional property rights required for such relocation and/or alteration. The - B - 1997 Llcenmee agrees to pay for any damage to Company facilitiel or land righ%l that may occur as a result of the Licensee's operation and installation of pipeline within %he Company's ealemsnt. It ia also undaratoo~ that the Licensee will reimburse the Company for all costs the Company.may incur associated with the Licensee's construction %£me of project, such costs as legal, engineering, review, inspection, anO/or any work necessary before or during said construction time. IN WITNESS WHEREOF, the parties hereto hays caused this license to be signed the day and year first above written. Signed, sealed and delivered in thm presence of: FLORIDA POWER & LIGHT COMPANY Atte~t~ JAM. ES C. GILES, Clerk "' 0, -. '. Approved ~ to form and . lega~ ~ufficiency: A~l~tan% County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~'kAX A. HAWSE, D~4., Cha~m~n - 9 - OL I .C i ! AP~ u 8 1.,q97 ,,~._ ,.,.?..~ APR rO 8 1.997 ,~.~7 AG ~ I'.,],LENT THIS AGREF2LENT is made this ~ d·y of · and be twoen FLORIDA POWER & LIGHT COeiPANY, · Florida corporation, and its ·ssigns, whose address is P. O. Box 0291G0, ~, BOAP~ OF COUNTY C~ISSIONE~ OF COLLIER C~, ~, ~ m·iling ·ddress la Collier County ~ver~nt Center, 3301 Tim·ami Trail, Naples. Florida 33962 (herelnaiter reierr~ ~ as "Licenseo"). w I TN E ~ ~ ET~ WHERe, the Company is the ownsr and holder o~ an as granted in that certain Agreement recorded in O. R. ~k page 383, Public Records of Collier County, Florida; and WHEREAS, the Licensee is the permittee of the ~ners o: the lands covered by said easements; and WHEREAS, the Licensee has applied to the C~pany lot its consent to Licensee's proposed activities consisting of two pipes for wastewater transmission facilities paralleling inside Company's right-of-way and for no other purpose upon, across, over, and in a portion of the lands covered by the Company's easement, and said portion being more particularly described Florida Power & Light Transmission Right-of-Way 110' in Capri-Collier Tap 138 KV Line North si Davis Boulevard {S.R. 84) AIl being and lying in Section 6, Township 50 South~ Range 26 East, Collier County, Florida, As shown on Exhibit "A" attached hereto and made a part hereofl and WHEREAS, the C~mpany is un~illing to give consent unless :he Licensee agrees to certain conditions regarding Licensee's use the above described lands; and agrees to indemnify and save the Company harmless from all liability regarding said usel and agrees to certain other terms, conditions and covenants; and of the foregoing being more specifically hereinafter set forth; and J APR LIB 15EI7 ~HEP~A$. the Licensee desiras ~o ~n~r lnLo Lhe afore- mentioned agreements in order to induce the Company to grant its consent to Licensee's pro~os~d activities; NOW, TH£R£FOR£, in consideration of the aforesaid premises, for the purpose of inducing the Company to grant its consent to the Licensee's proposed activities, and for other good and valuable considerations, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. The Company does hereby consent to the use of the above described land by the Licensee, and no others, for the purpose of installation, operation and maintenance of two 12" pipes for wastewater transmission facilities paralleling inside Company's right-of-way and for no other purpose. 2. The Licensee understands end agrees that the uze of the lend u~der tills Agreement is subordinate to the rights of the Company in the above described lands and that the Company reserves the right to enter upon the lands at all times for its purposes. The Licensee agrees to notify its employees, agents, and contractors accordingly. The Licensee further understands and agrees that the Company and its contractors will not be responsible or liable for any damages or loss to the Licensee resulting from the Company's use of said lands for such purposes. Provided, always, nevertheless, and it is expressly understood and agreed %hat th,s Instrument does not subordinate the rights of Co~pany in~ofar as same affects the rights and privileges of the Company in Ate use of the lands specifically described for this Agreement, and that nothing herein contained shall in any way effect undersigned's continued use of said easements in the operation of its utilities now located or hereafter constructed thereon. 3. Tile Company specifically reserves all its easement rights in tile above described property, including the right to construct, cperate, maintain, improve, add to, upgrade, or relocate as the Company dc.ems necessary for its operation over, under, in, on, upon and across its easement land, including any · uch land occupied or planned to be occupied by the Licensee's APR 0 8 1997 4. Further, that in the event the Company facilities are required to be relocated and/or altered because of a conflict with Federal, State or local laws and regulations then in effect due to uae by Licensee, the Licenmee will pay the cost for relocation and/or alteration, including any additional property rights required for such relocation and/or alteration. The Licensee agrees tO pay for any damage to Company facilities or land rights that may occur as a result of the Licensee's operation and installation of pipelines within the Company's ealement. It is also understood that the Licensee will reimburse the Company for all costs the Company may incur associated with the Licensee's construction time of project, such costs as legal, engineering, review, inspection, and/or any work necessary before or during said co~struction time. 5. The Licensee agrees that it will not use the land in any manner which, in the opinion of the Company, may tend to interfere with the Company's use of the land or may tend to cause a hazardous condition to exist. The Licensee agrees that in the event it should create a hazardous condition or situation which shall restrict, impair, interfere, or hinder the use of the land by the Company or th, e::ercise by the Company of any of its rights, then upon notificatiox~ by the Company, the Licensee shall, within seventy-two (72) hours, at its solo cost and expense, correct such condition or situation provided, however, that the Company retalns the right to enter upon the lands and correct any such condition or situation at any time, and, by its execution hereof, the Licensee hereby agrees to reimburse the Company for all lts costs and expense incurred in connection therewith upon demand. 6. The Licensee understands and agrees that the electrical facilities and appurtenance~ installed by the Company, or to be in&tailed upon, across, under, on or over the above described lands are of high voltage electricity. Therefore, the Licensee agrees that the use by it, its employees, agents, invitees, and contractors, of &ll precautions &n~ safety measures are mandatory and will be reguireO when working under or near the facilities of the Co~pany so as to minimize danger and prevent injury to each and all of the employees, agents, invitees, contractors or representatives of the Licensee, the Company, and the property or persons of any third party. 7. The Licensee agreea to obtain, at itt sole cost and ex~nsa, any and all applicable federal, state and local permits required in connection with the use contemplated herein, or with the maintenance of same, and the Licensee further agrees, at all times, to comply with all requirements of all federal, state and local laws, ordinances, rules and regulations applicable or pertaining to the uae of the above described lands by the Licensee as contemplated herein. 8. The Licensee agrees to use no equipment on the above described lands that Js capable of extending more than ~ (~) feet above existing elevation and further agrees that no dynamite or other explosives shall be used within the !anda and that no alteration of the existing terrain, including the uae described herein, shall be made which will result in preventing the Company access to its facilities or cause the Company to relocate or adju£t its facilities located within said lands. Licensee agrees tc maintain a minimum of twelve (12) inches clearance from all the Company's electric underground cables. 9. Unlesa otherwise provided herein, the Licensee agrees that the use of the land described herein will be accomplished in such a manner as to provide a forty-foot wide setback, twenty feet on each side of the Company's structures and appurtenances, as shown on construction drawings, attached hezeto and by this reference made a part hereof. 10. Licensee agrees, at all times, to maintain and keep clean of debris the area of the Company's easements described herein. - 4 - APR U 8 1897 Il. The Licensee understands and agrees that certain us~s of tbs lands herein described is specifically prohibited. These prohibited uses include but are not limited to recreational, hunting and camping and the Licensee agrees to notify its employees, agents, contractors, lnvitees and the public accordingly. 12. The Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless' the Company from all liability, loss, cost, and ex[manse, including attorney's fees [including such fees for pretrial, trial, or appellate matters] which may be sustained by Company to any ~rson, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by negligent acts of the Company, its agents or employees, srimlng out of or in connection with the herein described purposes by the Licensee, its contractors, agents, or employees; and the Licensee agrees to defend at its mole cost and expense and at no cost and expense to the Company any and all suits or action instituted against the Company for the imposition of such liability, lcss, cost and expense. Providing, however, this indemnity is subject to the limitation set forth In Section 768.2~ (5) , Florida Statutes. the event Licensee is insured for liability with limits in excess of the statutory amounts, the Licensee's obligation shall extend up to but shall not exceed the limitm of that insurance. 13. The Licenmee shall, during the period of this Agreement, maintain at its mole expense a liability policy with minimum limits of $1,000,000 for bodily injury or death of permon(s} and $1,000,000 for property damage ariming out of a mingle occurrence. Said policy shall be endorsed to insure against obligations a~sumed by the Licenmee in the indemnity [Paragraph 12). A certificate of insurance on FPL Form 1364A shall be furnished to the Company evidencing that said policy of insurance ia in force and will not be cancelled or materially charged so as to affect the interemts of the Company until ten days written - 5 - notice ham been furnished to the Co~,pany. Upon request, copies of policies will be furnished to the Company. The Licensee understands and agrees %hat the use of the property for the purpose dsscribed herein is expressly contingent upon acceptance and compliance with the provisions contained herein and within I Paragraph 12. Said policy shall be endorsed to ensure against obligations all,ed by the Llcenlee in the indemnity, Paragzaph 12. Licensee shall purchase laid liability insurance prior to the commencement of this Agreement. ~aid insurance shall be amended so as to include Company, its parent, subsidiaries or affiliates a;,d their respective officers, directors and employees as an Additional Named Insured to protect the parties hereto against any and all claims, demands, actions, Judgments, cost, expenses and liabilities of every nature, including attorney defense fees which may result, directly or indirectly, under the terms of the above indemnification. The limit applying to this Agreement shall equal the highest limit applicable to any other exposure covered under %he policy, but not less than $1,000,000 per occurrence. The policy shall be endorsed to be primary to any insurance maintained by the Company, its parent, subsidiaries or affiliates. It is understood and agreed that Licensee Is not covered by any Owner-Provided Insurasce Proqram. 14. All notices required to be given in connec:io~ with this Agreement shall be deemed to have been properly given if mailed by registered or certified mail or personally delivered to the respective parties at the addresses shown above. Said addresses may be changed from time to time by either party giving notice to the other, mailed or delivered as aforesaid, of the location and mailing address of the place at which notice is thereafter to be mailed or delivered. 15. This Agree~,ent will become effective upon execution by the parties and the furnishing of insurance as herein specified by the Licensee and will remain in full force and effect until - 6 - completion of the LIcensee's specific use of the lands for the herein described purpolel unlell earlier terminated upon 365 dayl written notice by the Company to the Llcanlee or at the option of the Company immediately upon the Licenlee failing to comply with or to abide by any and all the prOViliOnS contained herein. 16. The Licensee shall obtain the approval of the Company prior to co~mancing any new construction, relocation, additions, upgrade, removal or reconstruction within the Company'e easement. 17. The Company ia to be £urnished two mete of construction plans ninety (90) days before any construction ia etarted. 18. The Licensee ia to acquire its own easement for area inside the Company's right-of-way from each individual land owner along the route, a copy of which shall be furnished to the Company for its files before the effective date of this Agreement. It is further understood that each Licensee easement shall contain the statement: "Subject to FPL easement", and reference corresponding O. R. Book and Page Number of said FPL easement. 19. It is understood that in %he event said lands of the Company's easement are abandoned by the Licensee and cease to be used for original purpose that in such event this Agreement shall termln~te. 20. The Licensee is tc provide documentation that they have studied the coupling of electromagnetic energy from power lines into thelr pipeline and th~ corrosion of ~ower line facili%ie~ that are underground caused by pipeline. The results of the studies and detailed plaos on how the Licensee plans to eliminate the effects are to be reviewed and approved by the Company before the effective date of this Agreement. 21. The term "Licen,ez" ~hall be construed as embracing such number and gender a~ the character of the party or parties require(m) and the obligation contained herein shall be absolute and primary and shall be complete and binding a~ to each, upcn thl! Agreement being executed by Licensee and eubject to no conditions precedent or otherwise. - 7 - AK. u ~ 1997 IN WITHES$ WHEREOF the parties hereto have caused this instrument to be executed and have set their hands and seals this Signed, Sealed and delivered presence of: 'COMPANY" FLORIDA POWER & LIGHT COMPARY j- S.cr tpy , (CORPORATE SEAL) %\, t- ~, 5 ,,.'£ . · -~'". Attest= (/,~ Approved as ~o form and legal sufficiency: ~. Bruce Anders6n Amsiatant County A~%orney "LICENSEE" BOARD OF COUNTY CO~I$SIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) ) ss. COUNTY OF pAL~ SEACH) I HEREBY CERTIFY tha% before me personally appeared respectively AsJis~an~ SecretAry and Secretary of FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the $%ate of Florida, to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation and that said instrument is the act and deed of said corporation, IN WITNESS WHE~OF, I have hereunto set my hand and official seal in Palm seacH2°unty, Florida on this the My Conur, isston Expires: ~.'~% day of 'No=sty Pub l/lc - 8 - APR U 8 lg 7 STATE OF FLORIDA COUNTY OF COLLIER My Commission Expires: I HEREBY CERTIFY that before me personally appeared MAX A. Virginia Magri Deputy KA$$E, JR. and ~~A)~ respectively as Chairman and Clerk Of the Board of County Commissioners of Collier County, Florida, authorized In the State and County aforesaid ~o take acknowledg- ments, to me kn~n to be the persons described in and who execution thereof to be their free mc% and ~eed a~ such officers for the uae~ and purpo~e~ therein mentioned and that they affixed thereto the official seal of said Board and that said inatr~ent ia the act and deed of said Board. WITNESS my hand and official seal in the County and State last aforesaid this 8th day of September , 1987. Notary Pubic ,- · %]i '.~ - 9 - I , i~,I ~ t : ~ I r: 1997 APR I APt( u B 1997 t I ti ' : ,: 6'}: I ,Il:I/ , i l~ 1 Ak~ u J~ Lqs7 ,~. *5// _ E__XECUTIhrE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF ROAD RIGtlT.-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION EASEMENTS AND/OR FEE SIMPLE TITLE FOR AIRPORT-PULLING ROAD (C.R. 31) PROJECT, CIE NO. 055; AND REPEALING RESOLUTION NO. 96-130. ~ To obtain authorization fi.om the Board of County Commissioners (the "Board"), to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for the portion of Airport-Pulling Road (C.R. 31) between Pine Ridge Road (C.R. 896) and Vand~'bilt Beach Road (C.R. 862). CONSIDERATION~ On September 27, 1994, the Board adopted Ordinance No. 94-54 therein establishing the 1994 (Sixth Annual) Capital Improvement Element of the Growth Management Plan. Adoption of the attached Resolution (which repeals and supersedes Resolution No. 96-130) shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Airport-Pulling Road six-laning improvements between Pine Ridge Road and Vanderbilt Beach Road (hereinafter referred to as "Project"). FISCAL IMPACTi The maximum estimated cost of the easements, fee simple purchase~, and the operating expenses (title policies, surveys, staff time, attorney and appraisal fees, etc.) connected with this project is 5234,500. Road projects are funded across several gas tax and road impact fee funds; therefore, payment of all expenses for this project '.,,'ill be paid from fund 331 for Project No. 62031, Airport-Pulling Road Project. GROWTII MANACa.EMENT IMP~ As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. I:I,f~OMMENDAT10,'~; That the Board of County Commissioners: (1) Adopt the atlached Resolution autherizing the acquisition by gift or purchase the road fight-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements, and/or fee simple title required to complete the Airport-Pulling Road six-laning improvements between Pine Ridge Road and Vanderbilt Beach Road; and (2) Authorize the Chairman to execute the attached Resolution. / Page 2 ExeoJdve Summary/Rc'~olution A.irport-Pulling Road six-la-lng improvements PREPARED BY: ,~~~-~ REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Wilma Iverson, Senior Specialist Re~! Prope~y Management Depa~ment A. Nyankadau Korli, Project Manager Richard J. Hellriegel, P.E. Senior PrOject Manager OITio?~f Capita~/P~/~,ects Management Official Capital .Project~lan, agement Raymond W. Miller, P.E. lnlerim Public Work~ Administrator DATE: DATE: I APR 0 ~3 19~17 R.F. SOLb'TION NO. ~?. I 2 ~ R~SOLUTION OF ~ BOARD OF COUhrrY COM~,gSSION"EILS OF COLLER COL."NTY. ~ FLORZDA, AUTHORJ. ZING TH'E ACQLFISITION OF ROAD KIGHT-OF-V.'Ay. SIDEWAUC ~ UTILITY. DP~M'NAGE, MAD4"FEN,~d~CE AND TEM]~RA~Y CONSTRUCT]ON 6 E~$ A%'D/OR FEE SL"M:PLE TITLE BY Gift OR PUR~E WI:ICH ? ACQU'ISIT]ON$ AKE R,EQ~ FOR THE STX,LAHD,;G Dvi'PROVEMiENTS FOR I ADU~.RT-PULLFNG ROAD (C R 31 ) BETWEEN PI'NE RJ:DGE ROAD (C R 896) A.N'D t VANDEK~n T BEACH ROAD {C R 862). CIE NO 055. AND REPEALING RESOLL,'T1ON l0 NO 96-130 Il ~A,S. Lhe Boazd of Co, my Com~ssion~s CBo~d). oe September 27. 1994 adopsed I~ Or~,mx, e Ho 94-~ U~ere~,n ,~,__-_bLis~ng the 1994 (SL~h Nvx~) u C~c~w~ M~'~ernem PLan i~ order to rsublish priorities for the des. i~n, acqui~fion ~,~ cormruc~o~ of'u~e ~ "'~ous caphaJ b.~F. rovemen! proiec~s which comprise the Transportation £~emen! of the Coumy's ~s Coml~ Pb.n. 16 ~'~r_.KEA.S. U~ ~x-L--dng roarJw,y improvem~ms z~ Pine RXI~¢ Road (C.K ~9~) ~ Vm'~derb~ Beach Road (C R ~62) ue component p~rts oft~e ~ Tr'~n.s~ £~ernem o£the Co~n~s Comp~hens/ve H~, and ~ WH:EKE~. ,Jtem, te Iooatlons, enviroru~em~ factors, long range plough& cos~ v'aziables, 20 conourrcnr~, ~t/'e~'), ~ we]f,ve considerations have been rev'iewed as. they reLtte lo the implementztion of 21 s~id ~ion bnproveme, ms, ~ 22 ~"F~R,EA~. h has been recommended b)' Count~. St,l,~lh, lt it is necesury and in the best ir, re~cr, 2~ of Colli~ County, Florida, lo mainta;n s~me flex~bilily over the acquisition ofcer:ain prorate., 6gh:$ ~ interests thai ere r~uired for the const,"u~ion of the si%-Iardng roadway Jrnprovemenls for ~Url~n.puflh,~ 2.~ RoadCClL3l)besween PineR~dgeRoa~(CR $96) and Vau~derbihBeach Road(C R 162). hereina,Rer 26 referred lo ~ 'Projec'*~' as idemiRed on £xJzib~t 'A' a%t&ched hertqo and incorpos*mtd herein by reference. 2~ and 21 WHTd~EAS. the design ,trod construction of said transportation improvements ~ related facUtties 29 have bee~ ~:~errn~ned by the Boa. rd to I:c necesu,,,~, and in the besl inleres~ of Coliicr Count.. and .10 ~T~R.EAS. Ihe construclion of the transpon~Iion improverncms and relaled facilities comem- .11 plate~ by Lhe Projec~ ~e r, ecessa.~, in order to protecl the health, saft~y and wel£~t o£ -Page 3.- Ar.' u 8 1SS7 I Co11~' County. &~d wiJl ,,.sist Collier Counly in meeting cet'Idn concurrency requirements of'the Cn'ow~h 2 M~-.tgeme~ Plan fo~ Collier County ~ NOW. T'[,,[EILETOP.~. BE IT I~SOLV'~D BY ~ BOAJUD OF COL.FICTY COIvD41SSIO~ ~ 4 OF COLLAR COUNTY, FLORIDA. that s I. The Board I~s considered the environrnem~l fa~or~, ~a~'e~ facto~ and econorT6c cc, n.~der~tions ~, and fa~on rdat~"~ to the Ioc~ion of the transportation imp~n,emc~ts ~nd rdated r~cilhies 7 2 1"he road rii)'~-of-w~y, sklew~Jk, utility, drdnage, rn~metm-,ce ~d temponu7 co. ruction ! euerr~'ms ~,'or t. he tee simple title acquisitions ol'cer~in property imefesta m't necessa~ for the t cotmtuc:~ ~ the Pr oject The Kquisition ot' add e~emems mxFor f'ee sim~ ~1¢ may ~q'ec~ co~n 10 p~rcelslocazedirrmM~i~ldy~dj~4-mtoAirport.TSul]ir~Road(CR. 31)T~oc~No 62031 u show~ on I I ExNbi't 'A' ~L~checl hcr~o ~1 made a p~.rt 12 3 The most fcu~ble k~atJons, both nec~s.~y tnd consistent w~h I~ I~'Oj~ recluir~,~S, in order ID pa'm~ the c. ons~ruc~io~ and maJmcnance ofth~ transportation impto,,,ema~s ~,d rdated t'Kilities for the 14 Ajrpo~-Pullin$ Road (C R 31)t,e~veen Pir~ R. idBe P. oad (C R 196) and Vanden,ih Be. achRo~d (C R I) 162). CIE No 0SS. ate immediald3, ~djacem lo the e'dstinl rigN-.of, wsy or' Airpon.Pul~in~ Road (C 16 3l) 17 4 ~ Boa:d ~ de, ermined that t~ construction and maimens, nce o~'the six-I~ing transportation Il b't~Crveme~$ ~r4 rrlatcd Facilities Ire necess.m/for a public ~ and is in the bes~ ~erest ~t CouP7 20 S ~ coflsm.~ion and maimcnJ, nce of'the tr~sponation improvem~s and related f~cil~ies zre 21 com~t~ble W~th ~Je long ramge planz'.ing gods ~ objectives of'the Oro~,lh Marmgc'rrmm Ptan for Collier 2~ County 2) 6 Il is necessary and in the best in~crcst of' Collier County for the Bo~d to Kqmre cctv.in road ri~J'Jx. ~4 of.way, sidcw,~ utilin/, dra. in~ge, rr~nt~ and tcmpor~r), construction c,uen'.rm s &nd/or the tee 2) simple tiBc to ~ properties ~d/or propem/interests located immediately adjAc, ct~ to the cxistin$ 26 rig~-of-,w'~y of A~r'pon-Pullin$ Road (C R 31) 2? ? Coun~ Sckfl'is hereby authorUed and directed to acquire b~ ,PR or purcha.~ the perpetu,~. 21 non-e-xchasive, road riBN-of'-v, ay. sic~ew~,lk, uzilit)', drair~ge, mainzcna, nce and lempora.,'y conslruction 2e e~.semems ),-,cS/or tee simple title Io cenain properties Ioc,l. tcd immedialcty ,,diacem IO Ihe existin~ right-ot'- ~ wa)' ot' Ai~',orl.F'uiling Road (C R. 31) for Ihe six-laning of Airport-Pulling Road {C R 3l) Said -Page 2- IO 9. ~ B~d, ~ ~ ~ ~ ~s o~C~ 20 delive~ to t~ r~ive pro~ o~s oft~ 21 com~ution ~ima~es in n~r~ ~th the pro,si,ns of C~pt~ 22 foe I~ i~ia~e ~ proof ex,lion o~t~ res~c~ivc 23 ~or l~da~ts u t~ C~n~? Atto~.~s O~ce d~ems approp~ate in ord~ to prot~ ~ im~ests of the 24 C~n~. ~ t~ l~o~d hereby au~es i~s pre~nt 2~ ~ Proj~. to ~te ~y inst~ls ~ch ~ve ~ approv~ ~ t~ ~ ~ ~ C~Iy Anon. Io 26 r~ve t~ lien o~ ~y en~mbr~ and for ~y ~ch other ~ u ~y ~ r~ir~ f~ t~ ~uir~ 2~ r~d ~t-o~-wa). s6dew~L u~ility, dr~Se, ~in1~ ~d ~em~r~ ~ng~ion 2s Fee simple title ~or t~s Proj~ 29 I I In :~ in~ces where ~i~ ~tlements may ~ '~nt A~mcni' m~h~s~ t~ ~r~or of the -Page 3- ~.~r, ~ 8:5.07 desi~t~e, is c~ed with ~ resporm'bilit~ I'or ~mpl~ion o~s ~phg im~o~s ~s, ~ is ~i~te ~ ~ ~ue ~ ~y ~ly relzted ~sts ~ h is in ~ ~ ~terest oft~ Proj~. t ~ ~ ~ ~h ~ ~ of~ 125.3S5, F~ S~. 16 ~ ~ ~ ~ ~ ~,tJ ~ ~= ~mple ~ ~ ~ m~ ~ ~ u ~ ~ 2o t~s R~utiofl ~ t~ pro~bons o( S~iofl 125 355, ~a S~ 21 15 ~ t~e to pro~ies or iflt~s iff ~o~;es which ~w ~ ~t~ m t~ ~ de~ 22 ~ ~1 ~ d~ 'a~ept~' ~ t~ Bo~d ofC~nty C~mis~o~. u ~ 8ove~ng ~y of Colli~ C~n~. ~o~d~ a ~liti~ m~Hs~on oft~ S~ate ofFIo~d~ ~ as ~ch. st~ffis h~eby 24 ~t~ lo r~rd in t~ O~cid R~ords ofCollict C~n~. ~o~dL ~d ~ms or f~ simple title ~ ~h ~ in=~s u may ~ r~uir~ to r~ ~ ~m oF~ ~~ ff~ t~ a~uir~ 2~ 16 ~s Rc~u:ion rc~s ~ ~es Re~lution No ~]30 in its ~tir~ 2z ~s Rc~lution adopt~ tl~s ~7 of . 1~7. ~er ~tio~ ~nd ~d ~jo~' vote 29 -Page 4- ? ! II 12 ATTEST: DWIGHT E BROC~ CLERJ( BOARD OF COUNTY CO~flSSIO.~"ERS COLLrFR CO~. FLORIDA TI~IOTHY L. HANCOCK, CHA/RMAN -Page 5- v $ 1S~? ,'7 RESOLUTION NO. ~?- 4 & KESOLUTION OF ~ BOARD OF COUlq'TY COM)~SSION"ERS OF COLLII:R COLrNTY, irLOKIDA, AUTHORIZING ~ ACQUISITION OF ROAD I:UGHT-OF.WAY, SLDEWALI, C, UTiliTY, DRA.rNAGE, MA/NT'E~ANCE AND TEMPORARY CONSTRUCTION EASEIvI~NTS AbeD/OR FEE SIMPLE TITLE BY GLFT OR PURCHASE WHICH ACQLrI$IT1ONS ARE/CEQ~ FOR TI-rE $1X-LANENG LM~RO~NTS FOR A.DCPORT.PULLI'NG ROAD (C./C 31 ) BETWEEN PINE RIDG£ ROAD (C.R. ~96) AND VANDEIIU3ilT BEACH ROAD (CR 162). CIE NO. 0SS: AND ILEPEALI'NG KESOLUTION NO. 96-130. I I WI-~R~AS, the Boa.rd ot' County Commissioners (Board), on September 27, 1994 adopted 12 Ordinance No 94..~4 therein eszablishing the 1994 (Sixth Annual) Capital Improvemcn! Element I~ Orowih Man~g~-~ Plan in ~dcr to establish priorilies For Ihe design, acquisition and construction o£the 14 v~ous capi[~l improv~rn~n! projects which comprise Ihe Transportation Element oFthe County's I~ Comprehensive Plan, and 16 W)-[ER~AS, the dx-Ltn~ng roadway improvements to Ajrpon-Pulllng Road (C.R. 3 I) betwe:n I'/ Pine Ridge Road (CR 196) tad Va.ndcrbih Beach Road (CR. 862) arc component parts oFIhe II Transportation Element of the County's Comprehensive Plan, and 19 WH~.'-.ILEAS. aJternate locations, environmental Factors, long range plannin~ cost vm'iables, 20 concunence, s,tf'ety and we~£a.re consideralions have been rc,,'iewed Is Ihey relate to the implementation 21 said tra. nsportalion improvements: and :'2 %"r'[~R.EAS, J! h.,$ btcn recommended by County Slaf'Fthat it is necessary and in Ihe be. si interest 2) oFCollier County, Florida, to rnaJnt,~n some flcxibUity over the acquisition ol'cenain propc~¥ rights ~nd 24 inlerests Iha! aze required For the conslruction o/the six-laning roadway improvements For .A,irport~Pu!ling 2~, Ro~ (C.R.3 I) between Pine Ridge Road (C R. 896) and Vanderbih Beach Road (C.R. 862), hercina~:r 26 rc£crred to u 'Project' ~s identified on Ex~ibil 'A' attached hereto and incorporated herein by r~t'crcnce; 2'/ a. nd 2a V/1-[EREAS, the derdgn and construction 0£ raid transportation improvements and related £acithies 29 have been detrrmined by the Boa,rd to be nccessar), and in the best interest of Collier County; and ~0 W)-L~P.,,EAS, the construction oFIhe Iransportation improvements ~nd related Facilities contcm- )1 Collier County, and will u~is~ Coiliex County in meetin~ certain concurrency requirements ol'fl~ Orowth Ma'agement Pta~ l'o~ Collie. County. NOW, THER~ORF., BE IT ILESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ l. The Boatd has c.o~d~ed the environmental factors, s~t'~y factors and e¢o~ ¢o~dc~atio~ 6 m~d f~ctors rclatins to the Ioc~ion oS'the traasp~rtation improvements &nd rdated ~'acilities. ? 2. The road ri&ht.o~'.w:y, sidcw, Zk, utility, drainage, rn~ntenance a~l tcmporat7 ~n~truction I e&saments L'xl/or the tee simple thl~ acquisitions ot'certain property interests ate necessary £or the construction of the Project The acquisition of said e~ssements and/or tee simple title may ~t'e¢~ cerutin 10 pastels located immediately ~jaca'~ to Airport-Pulling Road (C.R. 3 I) Project No. 62031 u ~wn on 11 F,,xhibit "A" attached her~o ~ made a parl hereof 12 3, The most Feasible Ioc~tions. both necessary and consistent with the project requirements, in order to 13 Permh thc construction ~d m,tintena'~e ol'the transportation improvements ~nd related facilities I'or the 14 AJrpon-Pullin~ Road (C.R_ 31) between Pine Ridge Road (C.R. 896) ~d Vsndc~ilt B~ch Road (C R. ts g62), Ch: No. 0.55, ~re irnzn~iately adjacent to the existing right-o~'-way o£AJrport-Pullin8 Road (C.R. 16 31). 17 4. The Board has determined I)'.a! the construction and rhaintcn~nce of thc six-lanins transportation II improvements ~d related £,ciritics ate necessary for a public purpose and is in the best interest o£Collicr 19 County. ;0 $. Thc construction amd rr~inte~tnce of iht transportation improvements ~nd related facilities arc compatible ~,-ith the Ion8 range planning goals and objectives oflhe Growth Managemem Plan For Collier County, 23 6. It is nccess4ry ~d in Ihe best interesl o£Collier County for the Bo~d to acquire certain road right. 14 O£-Wly, sldcwLIk, utility, drainage, m,;ntenance ~d tcmporsry construction easemcms ~nd/or the fee simple title lo ceftin properties ~d,'or property imcrcsts located immediately adjacent to the exls~ing risht-ol'-way o£Airpon-Pulling Road (CR 31) 7. County Stall'is hereby authorized and directed to acquire by $it~ or purchase thc pcrpctual, non-exclusive, road risht-or-way, sidewalk, utility, drainage, maintenance and temporary constru~ion e~ssemcnts ~nd./or fee simple 6ftc to certain propenles located immediately adjacent to thc ex,;sting way o£AJrpon-Pulling Road (C.R. 31) I'or the six-laning o£A~rpon.?ulllns Road (C.R. 31 ~. S~d -Page 2- Co~li~ County, ~ w~] ~u~s~ Col~er County in meetin~ ce~,;n concun'ency require'henri olive Growth M~'~zement PL~,~ fo~ Co~e~ County. NOW, ~OitE, BE ]T ]CF. SOLV~D BY ~ BOAP, D OF COUNTY COM]~4:]SSION~]~S ~ f~o~ r~afin~ to ~ ~n oft~ tr~miion impro~ts ~ r~t~ ~ts ~o~ ~ f~ ~mple fit~ ~isilions of ~in pro.ny int~e~s ~e ~ ~or the ~Jon of~ Proj~. ~ ~[Jon or.id ~ts ~or f~ ~mple title ~y ~ ~n p~ I~t~ i~y ~j~ to ~-Pullin~ Ro~d (C.k 3 ]) Proj~ No 6203 ] ~ ~ on 3. ~ most f~ible I~ns, ~h ~ces~ ~nd ~nsist~t ~th the project r~uir~ts, ~ order ~ Ihe ~nst~ion ~ ~nt~e oft~ tr~ns~fl~fion improvements ~d tel~l~ f~]iti~ ~or ~n-Pullin~ Ro~d (C.K. 3 I) ~tween Pine ~dge ~o~d (CR. a96) ~nd V~de~ilt B~ch Ro~d (C~ ~62), C~ ~o. 055, ~a i~d~=ely ~dj~ccn[ lo the exisiin~ H~ht-o~-w~y o~-Pullin~ Ro~d 4. ~e Board h~s de~e~ined tt.~ the const~cfion ~nd n~Jnte~nce o~he six-I~nin8 tr~ns~nation improvements ~d rel~cd ~cilizies ~e neces~ for ~ ~blic ~ ~nd is in the ~st interesl o~Coll~er County. ~¢ ~n~ruction ~d ~men~ce or,he transpon~lion improvements ~d rcl~led ~cilhies compatible ~th thc lon~ r~n~e pli~in~ ~o~ls ~nd o~jectives oFthc Oro~h Min~scment Phn For Collier 6. h is neces~ ~d in (he ~s~ in~eres~ of Collier Coumy for the Bo~d to ~cquire ~n~n ro~d ~ht- o~-w~y, sldew~ utility, dr~i~e. ~nzcn~nce ~d zam~r~ ~nstmclion ~se~n[s ~or the simple tibia to ~n~n pro~Jes ~'or property interests I~ted imm~i~zely ~dj~cent to (he exls~in~ 7. County S~is hereby ~u[honzed ~nd directed ~o acquire by ~i~ or purchase (he pcrpc(u~l, non-exclusive, ro~d ~ht.oF-w~y, sidewalk, utility, drainage, ~imen~nce ~nd ~empora~ ~nstm~ion ~mcn~s ~or Fee simple thee Io c~n prope~;es I~ted immediately ~dj~cent Io the e~s~in~ w~y o(~o~-Pullin~ ~o~d (C.~. 3]) For the six-l~nin~ o~r~-Pullin~ ~o~d (CR 311. S~d I 2 1 4 & ? 10 II 14 17 19 :21 :24 :27 mqulsition, ~ necesa~ to cormzo~ ~e slx-laning impravemmu lo t~ ~. ~ ~ ~ ~ ~t ~ ~ ~ ~ ~ d~ approp~e ~ th. D~.l Co~ion P~s ~or ~ ~ion offs Pmj~. ~ ~sting ~ht-oF. way o~-Pullin~ Road (C.~31) is s~wn on t. ~ ~ of~ ~d is ~ ~tho~ lo m~te ~ A~u ~th t~ ~o~d ~ dir~s ~to u~ a~ re~s or int~ ~m~zJon esti~t~ ~ ~a~d~nes is ~ to ~t ~ t~ ~s ~t~ Proje~ in a timely ~ ~K~i~ ~K. ~. ~e Bo~d, in ~ ~ t~ pro~sions o~Chapl~ 125.355. Fl~da Stalut~, h~y Fo~lly ~vts I~ r~uir~ ~or a Fo~, ~e~cnl apprai~l rein for t~ ~rc~e o~a pro~y wh~c ~he ~rc~ p~ of(~ p~cel (l~ ~mFen~tion due to Ihe pro~y o~) is less th~ One Hundred ~ou~d ~d ~/1 ~ Doll~rs (Sl~.~ ~) In li~ of the inde~ndem apprd~l r~on. staff is hereby authored lu ~e ~rchasc offers for the pro~nics, Ihe dollar amounls of which shall ~ predicted "s~mpen~tion cs~i~:cs' b~d u~n inde~ndcnl apprai~ls (a~ Ibc data therefrom) ~tdned on si~l~ pro.hies ~d u~n consideration ~ application orapprop4ale market value and ~sl ~ninen( to the subject parcels 10. Upon Ihe approv~ by the Cour, ly A.omey's O~ce o~all do~ments neces~ for Ihe subject property acquishio~ R~I Pro~y Managemcnl Dcpanmcm staffis hereby direcled to offer i~ediatc delivc~ lo thc respective property o~,ers of the ~11 compen~tion (~s established by lhe apprai~ or staff compcn~tion esHmatcs in accordance '~'i~h Ihe provisions orChaptcr 12S 35S, Flo~da Slllules), in reum for ~hc i~edia~c ~d proof exe~tion of the respective e~sements, and such oth~ legg d~umems ~or ~da~(s u (he C~dnly Atlomey's O~ce deems approp~ate in order Io protect the interests of ~he County; ~d the Bo~d hereby aulho~zes i~s present Chai~ and any subsequent Chai~a~ , the life of ~he Praject, lo execute any inst~ments which have ~en approved by Ihe O~ce of Ibc County Altomey, to remove thc lien of~y en~mbr~ce ~d for ~y such olher pu~se as may ~ required for lhe acquired road ~gh~-or-w~y, sidcw~L utilily, drainage, maintenance and lempor~ consl~ction ~mcnls ~or fee simple title For t~s Project. ] l. ]n those ins~ccs where negotiated setHtmen:s may ~ obtain¢~ via the "Purchase Agreement' or "E~ement Agreement' mecha~s~ Ihe Director or the O~ce orCapltal Projects Management, or his -Page 3- M 1997 I dedgnea, is c,h~ged ~h ~ r~p<)~uii:41it7 for completion of v~-ious capit~l improvement projects, and is h~eb7 delegated the aut}x~ty lo ap~ov~ the purchase of land interests a~ve the stn~m~tion ~te or n~ ~ue ~ ~y ~ly ~t~ ~sts wh~ ~ is in the ~ intreat o~the Proj~, ~n ~ pr~ ~e of~ ~ H~ ~uisition ~d~et ~or Ihe p~l ~in~ a~uir~, only ~n the 12. ~t ~ mtl~ tp~ ~Hty is deled:ed ~ t~ Bo~d lo the ~t t~l tach approves do ~t ~ ~th t~ ~ of ~ion 125.355, F]o~di Statutet lO 13. The ChaJrn'am oft,he Bo~d i~ he~eb,/authorized to execute Easement A~'eeme~ta ~d Purc.}'~ I I A&reernents where the ltnd ov,~e~' ~ agreed to sell the required land rights to the County at its appra~s~..d 12 vliue or at that 14-nount considered the "Administrative Settlement Amount" as such tcrrn is interraJly used by the administrative agc. ncies of Collier County 14 14. %q~cre the prop, erty owner agrees, by agreement ('Purchase Agreement' or °Fasement A~eemtnt'), to conv~ a necessary interest in real property to the County, and upon the proper execution 16 by the property owner of'those easements or tee simple lille, and such other legal documents as the Office I? oFthe County Attorn~ may require, Ihe Board hereby au,horizes Ihe Finance Dcpanmenl to issue 11 warrants, payable to the property owner(s} ofrecord, in Ihose amounl$ Is shall be specified on a closing statement and which shaJi bc based upon the appraisal or staffcompensation estimate in accordance with 20 this Re~lution and the pro,,'isions o1' Stcllon 12S 3SS, Florida S~atutes. ] S. AJ! title to prcpcnles or interests in propcn;cs which have been obtained in the manner described 22 above ;hail be deemed 'acccplcd' by thc Board of County Commissioners, as the governing body or' 2~ Collier Coumy, Flo~d~., a Polidc~l subdivision of the Stat. e of Florida, and as such, ~affis hereby 24 authorized to record in the Official Records of Collier County, Florida, said easements or fee simple title ]} and such other instruments ,,s may be required to remove the lien o~'any encumbrance from the acquired 26 propcnie~. 27 16 This Resolution rcpe~s and supersedes Resolution No. 96.130 in its entirety. 21 This Resolution adopted this day ot' .... 1997, after motion, second and majority vote. 29 30 -Page 4- 1997 AT'rE~T: DW]GH"r E. BROCK. CLEIU( By: ¸ BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLOP. IDA TIMOTHY L. HANC0C~ CHALRMAN -Page APF~ u 8 1997 ,~.../mj ~J Ioo' 1997 iI I I -. 8 ~997 ~_~. IS. j ..4 rI 1997 II I 1997 ~7 g'i: ,..(0 9 '-)~'~(~. I 8 1997 ___ I 0 I APR O B 1~)97 I f I I 8 1997 U Lq97' 0 ROAD lO0' lO0' APR J ~'~.- ~ j I I I AIRPORT-PULLING I~OAD 1997 I I ,m~R B 1997 B 1997 14 OF 15 i illRPORT-PULLIN¢ ROAD _.~_~ co~smuc'no~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A RESOLUTION APPOINTING OFFICERS TO COLLIER COUNTY AGRICULTURE FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS ~ To appoint officers for the Collier County Agricultural Fsir & Exposition, Inc. for 1997-98 as voted on by the Fair Bo,'u'd of Directors. CONSIDERATIONS; The Board of County Commissioners sdopted Resolution No. 88-52 on March 15, 1988, setting forth a procedure for making recommendations to the Board of County Commissioners for appointments to the Collier County Agricultur~l Fair and Exposition, Inc. Board of Directors. A nominating committee of five members of the corporation was appointed and canvass-al the membership ofthe corporation to determine who was willing and able to serve on the Board of Directors for 1997-98. The nominating committee submitted its list of recommended nominees, specifying recommended persons for ptrticular positions to the Board of Ehrectors for approval by majority vote of those present and voting. The follov,4ng slate ,,,,'as approved by a majority vote: Terry Wolfson President Hank Douglas Vice-President Pat Cookson Secretary John Yonkosky Treasurer .l'im Mansberger Security Taylor Baker Education Duane Wheeler Citric Hoily Chernoff Attorney Randy Riner Agriculture FISCAL EMPACT: None ~!~COMMENDATIO,N: THAT THE BOARD OF COUNTY COMMISSIO~RS APPROVE the attached Resolution No. 9%_ appointing the 1997-98 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of' Directors as approved by a majority vote of those members present and voting at the April Board of'Directors meeting. Prep ar ed by:~~.u~("'"~ ] .. Thomas W. Olliff - l~--- Public Services Administrator il! APR O 8 1957 RESOLUTION NO 97 -~ A RESOLUTION APPOINTING OFFICERS FOR THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. FOR 1997-98 WHEREAS. on July 20, 1978 the Chartar and Ar~cie$ ol' Inco~oration of the Collier County Agricultural Fair and Exposition, Inc. were filed with the Secretary of State; and WHEREAS, the Charter end A~cJes of Incorporation of the Collier County Agricultural Fair and Exposition. lac provtde that the officers of We Board of Directors. w~th the exception of the Immediate Past President, shall be appointed annually by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners on March 15, 1988 adopted Resolution No 88-52 setting forth t.he p~cedures for appointments to the Collier County Fair Board, an<3 WHEREAS. pursuant Id Resolubon No 88-52, the Nominating Committee has submitted ~ts list of recommended hOrn,noes, specifym9 recommended persons for particular pos~t~ons to ',he Boarcl of D~rectors NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. cLORIDA, that the following individuals ere hereby appomted as the 1997-98 off,cars for the Colher County Agricultural Fair and Exposmon lac Board ol O,rectors Terry Wolf son Hank Douglas Pal Cookson John Yonkcsky J~m Mansberger Taylor Baker Duane Wheeler Holly Chemoff Randy R~ner Th~s Resolution adopted t~s mobon, second aaa m~]onty vote A~EST DWIGHT E BROCK, CLERK President Vice-President Secretary Treasurer Securily Educat!on Civic Atlorney Agnculture day of , 1997 at[er BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and le~l~l sufffoerOc~ .~ , Coumy A~tomey BY¸ TIMOTHY L. HANCOCK, CHAIRMAN APR 0 8 1997 {t.F.,COMMI~WDATION THAT TI~ BOARD OF COUNTY COMMI88101~R8 OF COLLAR COUNTY APPROV]~ TH~ ATTACI~D BUDG~YI' AM~N'D~NT RF.,COGN'IZ~O FUIgDE{ R~,CE;IVI~D FROM ~ INSUR. ANCE CLAIM. OI~'F.~'TIV~;: To recognize funds received from an Insurance payment for damage sus- tained to the Headquarters Library. CONSIDERATIONS: The Headquarters Library was damaged when an unidentified car hit the comer of the building. Funds to repair the building damage were paid from the Library's FY97 Budget. The insurance funds are reimbursing the Library Budget for the expenditure to repair the damage. 1~I8C. J~ IMPACT: Funds reimburse Library Budget for this insured expense. Amount: $3,600 GROWTH MAI~AGEMENT IMPACT: None. RI~OMMENDATION: Staff recommends Board approval of the attached budget amend- ment, which places the funds in the appropriate expenditure account. Prepared by: ~' '3 :, -,~3 ] .~/--~'W~.- DATE: Marflyn-Matthed, Central Services Librarian Reviewed and Approved by: John ~Jones, L~rary Director ApprovedRevtewed andby: .j~.-')~ Thomas W. Olll~bllc Services Administrator APR 0 8 1S 7 General Fund BUDGET ^M ENDMENT (001) WTITLE (FUND NO.) Dale prepared: 3/24/97 REQUES~ For Budget/Finance Use Only JE~ A.P.H. Date TO BCC YES NO If provlou~y approved, BCC Agenda Date: EXPENSE Administration/HQ's Branch Library 156110 Co~t Cen~er No. CostCemer ~]e EXPENDITURE OBJECT CODE 646110 Item No. BUDGET DETAIl INCREASE 3,600 Atlach Executive Summary _. EXPENDITURE TITLE Bldg. R&H - Outside Vendor~,,, ProjeclNo. CURRENT REVlSED $ 6,000 $, 9,600 S, S $. 3,600 3, S ,enter Tkle EXPENDITURE 0 ~ J ~.~.__.__ Co~1 Cenler No, EXPENDITURE TITLE Projec: Title INCREASE CURRENT _ BUDGET Projec~ No. REVISED BUDG~r TotaJ $~ Admin. & HQ's Branch Cos! Center Title REVENUE 364420 REVENUE BUDGET DETAI~ 156110 Ccs! Cenler No Pfojecl Title INCREASE CURRENT RI~ENUE TITL,~ ~ BUDGET Furniture, fixture,equip. S___~ $ 0 loss- iNS -- $-- $ TotaJ $. 3,600 Project No. REVISED BUDG['r s s APR 0 8 1997 p~,, ~ Why ~re funds needed? Library funds unidentified EXPLANATIO~ were spent to repair damage to Headquarters library motorist. Library by an Where are ~unda avaOa~e? Funds were received this expenditure. from insurance proceeds to reimburse the County for ~OST CENTER DIRECTOR: _~. ~_._%_ DI'¢ISION ADMINISTRATOR. ~ PROCES,S lB UIDG E-'r DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF 0OARD ADMIN: INPUT BY: B.A. NO.: Agende APR 0 8 1997 -J Form NO. CC004 lO/O~/~O R.ECOMM'ENDATION THAT TIlE BOARD OF COUNTY COMMISSIONERS APPROVE A REQUEST FOR FUNDING AND CONSTRUCTION OF A PARTIAL REGULATION BASEBALL FIELD RELATIVE TO THE IMMOKALE£ COMMI. YN'ITY PARK SITE Objective: To have the Board of' Coun~ Commissioners approve a r~ques~ for the funding of and construction of: p~rtid regulstion bu~ball field to bc located at the Immokalee Community Park site. Considerntlonm: Within th~ p~t s~vcrd months the Parks and R~rcation D~mmcnt ~ h~ satirist int~e~ ex~ by ~c ~sid~ of ~e l~.o~lee ~ ~ to ~e f~ibili~ of ~fing a p~ ~lafion b~eball field ~ ~ l~d at ~c I~okflee ~~ P~k site, C~enfly l~ted on ~e ~c site is n regulation baseball field, How~, ~e of co~i~cn~ ~ ~e I~okdee High Sch~l, Interloc~,~ Agrcemeng md ~e ~p~ion of public ]~gues, ~ere is not su~cient time to t]lo~te lc: ail practices md g~es. ~e said pro~snl ~ll ~clude ~e con~on ora ~htion baseball ~eld with fenc~g, dugouts, ~d i~gnfion ~u~ements. ~s f~iliw will ~ desired to expmd ~e ou~eld md ii.ting requlrcmen~ ~ich ~I ~ ~ded at a la~t date, ~s project w~ not ~ded in FY 96~7 budget, hence ~s project ~ll ~re Bo~d of Co~ Co~ssion appmvfl. Growth Managtment: Tiffs project is compatible with the Recreational and Open Space Element of the Cour. ty's Comprehensive Plan. Flacai Impact: Monies for the project ~e available under Immok~lee Impac't Fee Reserves (Fund 365) in thc amount of $70,000 and from Fund 306 Re,era'es in the arnount of $55,000 for a project ton of $125,00'3. Recommendation: the request for funding the project. ?repased by: G~ry Frj~-o~tendent Depa~e~ of Pr~ md Recr~tion Approved by: M~Ia ~sey, Dkector D~ent of P~ks ~(1 n recommending ti'at the Boa:d of County Commissioners approve Re.,'iewed and Approved by: ffd'l~a~,.h Th~m&s'W.-oliiff, ~hin. istrator Division of l:hablic Services Agenda ,~tl~., J APR 0 8 t997 Pg. I __ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A LEASE AGREEMENT WITH TRACT B, INC. FOR TEMPORARY SPACE TO BE USED AS A LIBRARY DURING THE CONSTRUCTION AND RENOVATIONS AT THE EXISTING MARCO ISLAND LIBRARY. ~: R~commen~tion that the Board of County Commissioners approve a ~ Agreement with Tract B, Inc. for tamporary space to be used u a library during the construction and renovatior~ at the existing M'arco Island Library. CONSIDERATIOn: The Marco Island Library will undergo construction and renov~ons commencing mid-April, 1997 through the end of ~ber, 1997. In order to continue Library ~rvices, · temporary space at Mission Plaza, Marco Island, has ~ located. Mission Plaza is owned and operated by Tract B,/nc. The attached Lease Agreement ~c.c~ on April 15, 1997 and tcrminat~ D~,.embcr 31, 1997. Th~ space is approximately one thousand eighty-one (LOg 1) ~quare fua with · monthly rent oforg thousand eig.hty-one dollan and no cent~ ($1,0gl.00). In acldition to rent, a monthly Common Area Maintenance (CAM) charge of three hundred fifty- ~'o and 23/100 cents ($352.23) is required. These amounts reflect the market value in the irru'ncdiate area. Collier County will be responsible for all utility charges associated with the leased area. The Agrco'nent includes a hold-over provision for Collier Count), to remain at the subject property in the event that the construction is not completed by the termination date. In the event that the improvements are not completed ·t dg existing Library prior to the termination date of the Agreement, thc contractor's agreement with Collier County provides for the contractor to pay monthly rental and CAM payments on behalf of Collier Count),. This provision is not included in this Agreement, but is included within the contractor's agreement with Collier Count),. The Office of the County Attorney, thc Risk Management Department, Library Department and Public Scrviee~ Administrator have rcvi~ved thc Lease Agrccmcm ~: The monthly rental amoum of one thousand eighty-one dollars and no cents ($1,0gl.00) and the monthly Corrunon Area Maintenance (CAM') charge of thrcc hundred fifty-two and 23/100 cents (:$352.23) for the leased space shall be withdra:s-n from account number 355-156160.644100. All utility costs and moving expenses shall continue to bc withdraxvn from the Libra.,? Departmcn!'s general budget. ~~H MANA(3E?,__~ENT: None RE~MMENDATION: That the Board of County Commissioners approve the Lease Agremcnt with Tract B,/nc. and authorize its Chairman to execute same JotlpJon)cs Direc r L rarv Dcparlmcnt REV/EWEDBY: ,,.~l,~'~ . Tom 0]li~.-A~n~J~rator, Public Services Division DATE:-'~'~L~ APR 0 1997 PROJECT ............ ~ZSS ION PLAZ~ BPACE.. LESS££ ............. STREET ADDRESS ..... 3301 £amt Tamlam~ T~,'.ii SS/~IN #.,, TELEPHONE .......... (w)_ ?74-8991 CUA~NTOR .......... USE CLAUSE ......... ~-~~brar¥ e TE~ OF LEASE ...... COMMENCEMENT DATE.. ENDING DATE ........ Decem~ ESCALATION ......... RENEWAL OPTION ..... Onl fl) Thrme f3~ Month Period fwith ~0 ~_~ S/SQ. ~ OF ~LDG .......... HONTHL~ ~ENT ....... SAL~S TAX .......... c. d. Sa]es Tax on CAM e. Administration g ~% MARKETING FUND ..... ~ 50.00 MONTHLy TOTAL ...... ~ i~.2~ PERCENTAGE RENT .... _ H/A COOPERATING BROKER. ~ CONSTRUCTION ....... RCVD: ?MR SD S__ BREAKPOINT $_~N/A Agendl ltt~ . .o. APR 0 8 1997 LEASE SUKMARY HISSION PLAZA PAGE 2 SPECIAL PROVISIONS~ l~Tenant accedes premises in "as la" condition, 2. I~ & latter of exemution atatina thim fact which will relieve the landlord fro,,. LEASING AGENT ...... Joe Brock DATE LEASE PREPARED.. APROS Sg? J NZmSXON PLAZA IHOPPZNG CENTER LEA8~ OT~II LEABZ entered into this day of . 19 , between T~IJ~CT ~, INC., a 71orida Core'ration, whost address is ©/o larron Collier Co~srcial, Inc., 2~40 Golden Gate P&rkvay, ~llS, ~&plel, FL 34105, ("Lessor"). and Collier County. a Do~tloal lubdl¥ision of th! .tete of whose address is 3301 East Ta~f~l Tr~ll. Na~ll~. F~ ~¢11~. ("~nee"): - DZ~CRI~ION OF ~ssor, in consideration of the rent to be paid by ~esee and consideration of the covenants to be performed by ~mmee, hereby leases to shopping center building known as the Mission Pla~, Marco Island, Florida (the "Shopping Center"). The appro~{tmate location of the Premises outlined on Exhibit "A". It Is understood and agreed that the rental, which approximately ~.~_lquare feet. ARTXCLE X. The term of this Lea~e shall commence on ~p~i.~_jjL~__~[?~ and shall run to and Including Dec~~ 1~_2_~ (~ubJect to the provisions of Article ~1 regarding possession). ARTZCLZ 2. RENT: ~ECTION 1~ Initial Rent~ Lessee hereby agrees to pay to ~ssor, at such place as Lessor may designate in writing, rent for the Premises for the period of nine months in the amount of nine tho~san~ seven h~ndred tven%~ ain~ _~llara [~3-~_~9Rl payable in equal monthly installments of ]Dhousgdl~¥ 9~9--~]~_~__~1.0~_0.~[ per month due tn advance on the first day of each month, without dmmand. Rent checks, made payable to '~3.~~.c:," ~i]] be paid at the office of ' time to ]me d~signate in ~rit]ng. upon the Consumer Price Inde~ - s,a~onally adjusted U.S. City average for all items for ail urban consumers (1967-]00) published r~onthly in the "M6nthly ~:~[t~:,~l:~"~%~rt~plB~r.au of Labor Statistic. of th. Unit.al' St. (- - ). The adjustment ~hall be made by multiplying the annual rent due l~mediatmly preceding the adjustment by a 'fraction, tho numerator of which shall be the "new mpI-U ,, ~hich shal ~ ,,~..~ .......... -. - figure end ~h~enomina~or of t,rm of~,~l Lease, ~hall be deemed th,a "basic standard". Thn "new CPI-U figure" b~ the CPI-U for the month (or the d~ose~t preceding month for which the CDi-U i~ published), immediately pre6edlng the month in which tbs adjumtment l~ to be made. ' The first adjustment hereunder sh~ll ke made for the rent d%ie twelve (12) months after the Commencement Date of thi~ basso, amd the rent adjusted shall be the annu,1 rent due for the following ye,r with further annual adjustments to be made each year ~hereafter. In the event the CPi-~ Is discontinued, then the Consumer Price Index - Seasonally Adjusted U.S. City Average For All Items For Urban wage Earners and Clerical Workerg (]967-100) published monthly In the "Monthly ~bor Review- by the Bureau of ~bor Statistic, of the United States Department ~bor (CPI-W) .s~all be u~ed for making the computation described above. the mvent CP~-W is discont~nued, comparable statistics on the purchasing power of t~e consumer dollar published by the Bureau of ~bor Statistics the Un~ed States Department of [mbor shall be used for making the compu~ntion described above. In the event the Bureau of ~bor Statistics ~ill no longer maintain statistics on the purcha~ing power of the consumer dol-}err'comp~rmble statjstics_publ~.shed.by_e..re.pon~%: fi~ei:l Agen,d,9; t.~., No · J.~f./.ikl_¥ APR 0 BB? COmpUtation described above. In the event the base year "(1967-100)" or other ];b~earused in computing CPI-U Is changed, the figures used l~..~, a~ng the ad}uatment described above shall accordingly be changed ,?~p--~at ell increases in the taken into accoun~ notwithst~in9 any such change in %he base CPI-U are year'In mo event shall an~~reunder~ bamed upon any adjustment less than t~ mont~m~t paid lmmmdiat,~ly preceding such adjustment. appl~ taxes then in force vhich may bs Imposed on rents to b~ rs~iv~d ~CTXO~ 4[ ~di[iomal ~ea[: In add[itOh [o [he ranis ae[ ~or[h in Ar[icle 2, herainebove, all o[her paymen[a made by ~eee under ibis shall be deemed ~o be and shall become &d~i~ional rani. uhe[her or no[ [he same be designs[ed as such, and shall be due and payable on demand or isle[her ~i~h [he nex[ succeedin~ ins~allmen[ of rani, whichever occurs; and ~ssor has [he same remedies ~or ~aaee'a ~atlure [o pay the same as ~or a nonpaymen~ o~ rani. Lessor, a[ tis election, has a ri~h[, bu[ the oblige%ion, %o pay o: do any act which requires the expenditure of any sums of money by reason of the failure or neglmc% of ~smee to perform any of the provisions of this Lease, and in the event ~ssor, at l~s election, pays such sums or does such ac%s requiring the expenditure of monies, Lessee agrees to pay %he Lessor upon demand, all such sums, in the sums so paid by Lessor, with interest at eighteen percen% (18%) per annum, which shall also be deemed as additional rent and be payable as such. ~RT~CLE USE OF PREHISEBI During the term of this Lease, the Premises shall be used and occupied only ~or the following purposes and for no other purposes: ~smDorarv Lessee agrees to use and occupy ()ne Hundred (100%) percent of the Premises during the term of this Lease, and to conduct its business at all times in a high .;lass and reputabl~ manner. Lessee shall keep the Premises open for busines~ ~D__~>_~_lgi~s; Mon~Y__A~l Wednesday 8;30 a.m. to 8:00 p.m., ~IL~_~__q~J3_e~ ~YS ~~;OO ~,, 8nd clo~ o~dav. Lessee shall promptly comply with all laths, ordinances and la~ful orders and regulations affecting the P~emlses, and the cJeanl/r, ess, safety, Occupation and use of ARTICLE 4. OBLIGATIONS OF LESSEE~ SECTION i: Nuiaancs: Lessee shall not perform any acts or carry on any practices which injure the Shopping Center. Lessee shall not be a nuisance or menace to other Lessees in the Shopping Center and L~ssee shall keep the Premises, the sidewalks adjacent to the Premises, the rear area of the Premises and the ~ervice area and corridors allocated for the use of Lessee clean and free from rubbish and dirt at all times. SECTION 2: Trash Removal: All trash and garbage shall be stored within the Premises, and Lessee shall arrange for the regular pickup of :;uch trash and garbage at Lessee's expense. Ir Lessor arranges for the regular pickup of trash and garbage through an authori::ed collection agency, Lessee shall pay Lessor its share of said cost. Lessees shall not burn any trash of any kind In or about the Shopping Center in whlch the Premises are located. SECTION ~: Utilities: Lessee shall pay all charges for water, gas, sewage disposal, electricity and for all other utilities used in connection with the Premises, not more that ten (10) days after the same shall become due and payable. Lc sase shall p~' all the Premises or the S~]3_Qpp.Lng_Csn%e~based'~po'~essee'a proportionate use Of %-ft~'9~~---~-~cr a~ ~ct fort.h &~e~~. Age.da ]t~ Pg. ~ _ ARTXCLF. $. Q$ECTXOH It lepairez L~esor shall keep the foundation, the outer walls d roof of the £hopplng Center in good repair, except that Lacier shall not be called on the make any repairs caused by the negligence of Lessee, its egante or employees. Lessor shall not bm called upon to make any other improYamenta or repairs of any kind on the Premises. ARTXCLI: ~. Lessee ehall not erect or install any exterior or interior window or door signs or window or door lettering or placards without the previous written consent of Lessor. Lessee agrees that it will, at its own expense, install an exterior sign in a place on the PramieelJ to be designated by Lessor, which sign will advertise Leaaee'a name or type of business, the form and design of which will be eubJect to Leeaor,m approval. ARTICLI: 7. ATTACKMENTS/ALTEP. ATXON~I Ail alterations, additions, improve~mante and fixtures, other than trade fixtures, which may bm made or inetalled by either of the partiee hereto upon the Premises end which In any manner are attached to the floors, walls or ceilings, shall be the property of Lessor, and at the termination of this Lease, shall remain upon and be surrendered with the Premieee aa a part thereof. Any linoleum or other floor covering of similar character which may be adhesively alii×ed to the floor of the Premiees shall become the property of Lessor. No alterations or additione to the Premiaee may be made without the prior written consent of the Leflsor. All damages caused by the installation or removal of trade fixtures or other items, with or without Lessor's consent, shall be repaired by Lessee at Leaaee's expense prior to termination of this Lease. ARTICLE 8. L£S~O~,B LIABILITY: SECTION 1: Limited Liability. Lessor, or its agents, shall not be liable for any loss or damage to persons or property resulting from fire. explosion, falling pl~ster, steam, gas, electricity, w~ter or rain which may leak from any part of the Premlaes, or Shopping Center, or from the pipes, appliances or plumbing works there~n, or from the roof, street or subsurface, or from any Other piece resulting f:~on dampness, or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of L~$sor, its agents, servants, or employees. Lessor, or its agents, shall nut be liable fei- interference with the light, air or any latent defect in the Premises, end Lessor shall not be liable for any damage caused by other Lesse~a of the Shopping Center, or persons in or about the Premises, or the Shopping Center, occupant~ of adjacent p~operty, or the public, or caused by opara'tions in construction of any privat,~, public or guaei-public work. All property of Lessee kept or stored on the Premises shall be so kept or stored at the risk of Lessee and Lessee shall hold i~e$or harmless from any claims arising out of damage to the came, unlesfl such damage shall be caused by the willful act or negligence of Lessor. Lesse~ &cknowledgas that the police and law enforcement ~ecurity protection provided by law enforcement agencies for the Premises is limited to that provided to other businesses or enterprises situated in Collier County and any special security measures deemed necessary for addition~l protect[on of the Premises shall be at the sole responslbi]ity and exp%nse of Lessee. Lessee agrees to look solely to Lessor's estate and property in the Shopping Center, or the proceeds thereof, for the · atisfaction of Lessee's remedies for the collection of a Judgment or other Judicial process requiring the payment of money by Lessor in the event of any Oefault by Lessor, end no other property Dr assets of Lessor shall be subject to levy, execution or oth~r enforcement procedure for the satisfaction of Lessee's claims. a~CTION Z: Zndamniflc&~ion. Lessee shall indemnify and hold Lessor q~mrmleae against end from any and all claims arising from Lesaee'm use of the remisea, or from the conduct of its business, or from any activity Jr work done, permitted or suffered in or about the Premises, or the Shoppin~ ~anter, ] Agenda APR 0 U 1997 any and all claims arising from any Dsfault in the psrfor~ancs of the Lease resulting lrom any act or negligence of Lessee, its oftlcars0 agents, smployaaa, guests or inverses. If any action or procssding is brought sgainst Lessor by reason at such claim, Lessee, upon notice from Lessor, shall defend the same st Lesses's expsnsm by counsel r~&sonsbly satisfactory to Lessor. L~ssee shall assume all risk of damage to property or injury to persons In, upon or about the Premises from any cause other than Lmasor'a negligence or willful misconduct and Lessee hereby waivss all claims in respect thereof against Lessor. Lessee shall give prompt notice to Lessor in case of casualty or accidents In or about the Premises. SECTION 3: Liens: Lessee shall not permit the filing o! any lien against the Premises, and the existence of any such lien of any nature shall be a breach of this Lease. Lessee abel! indemnify Lessor for any legal flea and court costs in connection with Lasbet's obligation~ ss set forth in this article. Lessee shall have tbs obligation to promptly transfer to bond any lien filed against the Premises within twenty (20) days from the filing thereof. In accordance with Section 71].10, Florida Statutes, the interest of Lessor shall not be subject to liens for improvements made by Lessee and Lessee shall pay for recording of a Notice to Contractors pursuant to said statute. ARTICLE INBURANCE INCREASES: Lessee shall not, without Lessor's consent, Carry any goods or conduct its business on the Premises in a manner which will in any way lend to increase the insurance rates on the Premises or the Shopping Center of which they are a part. Lessee agrees to pay as additional rental any increase in Lessor's insurance premiums resulting frcm the business carried on by Lessee, whether or not I.essor has consented to the same. If Lessee Installs any electrical equipment that Overloads the lines or circuits in the Premises, Lessee shall, at its own expense, make whatever changes are necessary to Comply with the requirements of the insurance underwriters and governments! authorities having jurisdiction. ARTICLE 10. INSURANCE COVERAGE: ~ECTION 1: Liability Insurance. Lessee shall carry at its own expense Comprehensive General Public Liability ~to include Bodily Injury} and Property Damage insurance with combined single limits of not less than °um~f--t~°'~9°,~O ~gL~oc~g~_~cO~.~ $3~'0.90~,0o a_~a:e, ~ith insurance companies authorized to do business in Florida and satisfactory to Lessor (an insurance company with ~'s~. ~~uide~[~Qer~y r Casua~ of ~ot less than "A." shall be deemed satisfactory to Lc,~or), ~nsuring Lessor and Lessee against any l~abilJty arising out of the ownership, use, occupancy or maintenance of the Premises, including loss of income. In addition, Lessee shall maintain any Workmen's Compensation coverage In full force and effect required under } ]orida 1~ during the Lease term. The Insurance policy or policies shall contain provisions ~rohibitJng the modification or cancellation of insurance without at ]ea~t thirty (]0) days prior written no, ice to I,essor. Lessee shall deliver said policies or certificates thereof to Lessor by the earlier of Lessee's. occupancy of the Premises, or commencement of any construction improvements thereto, and thereafter, renewal policies or curtiflcates shall be delivered to ~ssor not ]ess than thirty (30) days prior to expiration. Th~ limit of any such insurance shall not limit the liability, of Lessee hereunder. ~ssee may provide this insurance under a blanket policy provided ,aid insuramce shall have a Les5or's protective liability endorsement attached thereto. The failure Lessee to effect said insurance in the names herein called for, or to pay the premiums required, or to deliver said policies or certificates to Lessor, shall be a material default under this Lease. SECTION ~: Pmrsonal Property insurance. Lesse shall solely be responsible for securing and maintdlninG an in e or replace same. SECTION 3~ Subrogttton. As long as their respective ~nsurers so perm]t, Lessor and Lessee hereby mutually waive their respective rights of recovery against each Other to the extent of losses covered by insu ,ce for any insured loss. Each party shall appl),' to their insurers to ob~aln said waivers and each party shall obtain any special endorsements if required by 4 Agen~q~ ].te~ APR 0 1997 their insurer to avJdence compliance wl~h the waiver. DZLIVZR~/~ZNOWAL: Lasses agrees that all receiving and delivery of goods and merchandise and removal of garbage end refuse shall ba made only by way of the service areas and rear doors provided for such purposes. L~saor hereby grants to ~eesee'e employees, agents and lnviteee, the right during the term hereof to use, in common with others entitled to the use thereof, such service area- and corridors subject %o such reasonable regulations aa Deseor may make from time to time. ARTICLZ 12. Lessee agrees not to assign this L~ase or any interest therein without the previous written consent o~ Lessor, and not to sublet or permit any other persons to occupy the Premises or any part thereof without like consent. Consent by Lessor to one or more assignments of the ]..ease or to one or more subletting of the Premises shall not Operate as a consent to any subsequent assignments or subletttngs, each of which shall require 4essor's separate consent. Notwithstanding any such assignment, Leases shall remain fully liable and shall not be released from preforming any of the terms o~ this Lease. If Lessee is a corporation and if any transfer, sale, pledge or other disposition of the majority of the outstanding stock shall occur, then Lasses shall so notify Lessor and Lessor shall have the aright, at its option, to trea~ any such transfer, etc., as an assignment under this Article. Anything contained in this Article to the contrary notwithstanding, in the avant Lessee desires to assign or sublet this Lease and requests a consent thereof from Lessor, at such time Lessor shall have the right to terminate this Lease upon written no,ice ~hereo~ %o Lessee. Such termlna~ion shall be e~ec~lve within thirty (]0) days ~rom ~ha da~e of such no, ica. The acceptance off ren~ ~rom any o~her person shall no~ be deemed ~o be a waiver o~ any off provisions o~ ~his 4ease or ~o be a conaen~ ~o ~e a~sJgnment o~ ~hia 4ease or subletting of ~he Premises. ~RTXCLE During the term of thi~ Lease and upon termination of ~his Lease, Lessor shall have th~ right to enter upon the P~emises at all reasonable hours flor the purpose of inspecting same or for makin9 repairs, additions or alterations. If Lessor de,ms any repair~ reguired to be made by Lessee n~cessary, it may demand that ~ssee make the same forthwith, and if Lessee re~us~s or neglects to commence such repairs and complete tbs same r~asonab]e dispatch, Lessor may make or cause such repairs to be made and shall hoc be responsible [o Lessee for any loss or damage that may accrue to its stock or business by reason thereof, and If ~ssor makes or cause~ such repairs to be made, Lessee agrees that [t will forthwith on demand pay Lessor the cost thereof, ~Jth interest at fifteen (15~ percent per annum, and if it shall default in ~uch payment, Lessor shall have the remedies provided in Article 16 hereof. For a perJod commencing ninety (90) days prior to the termination of %his Lease, Lessor may have ~easomable access to the Premises for the purpose of exhibiting ~he same to prospective lessees. ARTICLE ~4. CONDE~4AT~ON: ~ssee waives any claim of loss cr damage to ~ssee or right or claim %o any part of the award as a resul% of exercise of th~ power of eminent domain of any governmental body, whether such loss or damage result~ from condemnation of all or part of the PremJmes or Shopping Center or any part or portion of the parking area or of the entrances or exits of the parking area. Should any po~er of eminent domain be exercised ~hich, In ~ssor's ~udgment, substantially interferes with Lessee's use of the Premises, the rent provided for herein shall be propor%lonately abated. In the event of partial taking or condemnation the=, in the Judgment of the ~ssor, shall ender the Premises clearly unsuitable for the business of the Le,isee, ~he erm of this Lease shall cease and terminate as of the date of *lng required by the condemning or taking authority, and Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease or 5 APR 0 8 1BB7 _ ~Q',- '~ other~ise. DEBTRUC~ION OF SHOPPIN~ CENTERI If the Shopping Center ts partially destroyed by any casualty insurable under Lessor'e insurance policy, Lessor shall, upon receipt of the insurance proceeds, repair the same and the rant shall be abated proportionately ss to the portion of the Shopping Center rendered untenable. If the Shopping Cmnter (a) is, in Leseor's Judgment, rendered wholly untenable by reason of such occurrence, or (b) should be damaged ss · result of a risk which is not cov~r=d by L~saor'~ insurance, or (c) is damaged, in whole or in part, during the last two (2) years of the term or any renewal term hereof, then in any of such events, Lessor may either elect to repair the damage or may cancel this Lease by notice of cancellation within one hundred eighty (180) days after such event and thereupon this I~ase shall expire, and L~ssee shall vacate and surrender the Premises to [~ssor end Lessee shall have no claim against Lessor for the value of the unexpired term of this Lease, or otherwise. Lessee's liability for rant upon the termin&tion of this Lease shall cease as of the day following the event or damage. In the event the Lessor elects to repair the damage insurable under L~saor's policies, any abatement of rent shall end five (5) daym after notice by ~s~or to that the Premises have been repaired cr upon the earlier occupation of the Premises by ~see. If the damage Is caused by the meg]igence of ~ssee or i~s employees, agents, or invitees, or if ~s~ee wa~ ~n default prior to the destruction or damage as aforesaid, whether or not ~ssee was notified such default prior to the time of damage or destruction, there shall be no abatement of rent. Un]ess this Lease is terminated by ~m~or, ~ssee shall repair and refi~ture the interior of the demised Premises in a manner and into at least a condition equal to that existing prior to les destruction or casualty and the proceeds of all insurance carried by ~ssee on its property and improvements shall be held in trust by Lessee for the purpose of such repair and r~placament. Nothing herein contained shall relieve the from any liability to the Lessor or its insurerm In connection with any damage to th~ Przmises if the [masse shall be legally liable in such respect. ARTICLE l&. DEFAULT: SECTION I: Events of Default: Th%s [.ease is subject to the limitation that if at any time any one or more of ~he events as expressed below in (a) to (k) , inclusive, sha]l occur, the Lessor shall have any and all rights and remedies hereinafter set forth and thi~ Lease shall be declared in default. (a) In the event Lessee should fall to pay any one or more of said monthly installments of rent, or any other sums required to be paid hereunder, as and when the same become due. (b) In the event a pet]tion in bankruptcy (including Chapter XI and Chapter XlI bankruptcy proceedings or any other reorganization proceedings under the Bankruptcy Code) be filed by the Lessee, or be filed against Lessee, and such petition is not dismissed within thirty (30) days from the filing thereof, or in the event Lessee is adjudged a bankrupt. (c) In the event an assignment for the benefit of cr)ditors is made by Lessee. Jt~ In the event o~ an appointment by any court of a receiver or other cou. officer of Lessee's property and such receivership is not dismissed within thirty (30) days from such appointment. (e) In the event Lessee removes, attempts to remove, or permits to be removed from the Leased Premises, except in the usual course of trade, the goods, furniture, effects or other property of the Lessee brought thereon. (f) In the event Lessee, before the expiration of the term h~reof and without written consent of the Lessor, vacates the Leased Premises or abandons ~he possession thereof, or uses the sam) for purposes other than the purposes for which the same are hereby leased, or ceases to use e~3 Leased Premises for the purpose herein expressed for a period of ts.' Jr more business days. APR 0 1997, (g) ~n the event, ~n execution or other legal process Is upo~ th~ goods, ~ucniture, eftects or other property of busses brought on the Leased Premises, or upon the interest of Lessee in this Lease, and the same not satisfied or dismissed within ten (10) days from this levy. (h) Zn the event Lessee fails to keep, observe or perform any ~ other terms, conditions or covenants on the pert of Lessee herein to be kept, observed and performed for more than ten (10) days after written notice thereo~ is given by Lessor to Lessee specifying the nature of such default, or if the default so specified shall be of such a nature that the same cannot reasonably be cured or remedied within said ten (10) day period and shall not thereafter continuously and diligently proceed therewith to completion. (i) If the Lessee shall be in default with respect to any other lease between it and the Lessor, or (J) If this Lease or any int~rest therein shall by operation law devolve upon or pass to any person or persona other than the Leases, or (k) If the Lessee shall fail to move into and take possession the demised Premises and open for busXness within five (5) days of the commencement date set forth in Article 1, above. SECTION 2: Rem=ales: Upon default by Lessee, Lessor shall have the following remedies: (a) In the event of any such default or breach, Lessor shall have the immediate right to re-enter the Leased Premises, either by summary proceedings, by force or otherwise, and to dispossess Lessee and all other occupants therefrom and remov,~ and dispose of all property therein in the manner provided in subdivision (c} o~ this Section, all without service any notice o~ intention to re-enter and with or without resort to legal process (which Lessee hereby expressly waives) and without Lessor being deemed guilty o~ trespass or becoming liable ~or any loss or damage which may be occasioned thereby. Lessor shall also have the right, st the option Lessor, to terminate this Lease upon ten (10} days written notice to Lessee, and to thereupon re-enter and take possession of the saxd Premises with or without legal process. ~n the event of any such default or breach, Lessor shall have the right, at its option, ~rom time-to-time, '~ithout terminating jis Lease, to re-enter and re-let the Premises0 or any part thereof, with ~lthout legal process, as the agent and for the account of Lessee upon :h terms and conditions as Lessor may deem advisable or satis~actory, which event the rents received on SUCh re-letting shall be applied first to the expenses o( such re-letting and collection including but not limited to, necessary renovation and alterations of the Leased Premises, care of demised Premises whi]e vacant, reasonable attorney's fees, any real estate comr~issions pai~, and therea£~r to~ard payment of all sums due or to become due re L~ssor hereunder, and if a suf~ic;.ent sum shall not be ~his realized or secured to p~y such sums and other charges, (i) at Lessor'a option, Lessee shall pay Lessor any deficiency monthly, notwl~hstanding Lessor may have received rental in excess of the ~ental stipulated in ~his ].ease in previous or subsequent months, and Lessor may bring an action therefore as such monthly deficiency shall arise, or (ii) at Lessor's option, the entire deficiency, which is sub3ect to ascertainment for the remaining term of Lease, shall be immediately due and payable by Lessee. Nothing herein shall by construed to require Lessor to re-enter and re-let in any event. The Le$~or shall not, in any event be required to pay Lessee any surplus of nay sum~ received by Lessor on a re-letting of said Premises in exce.~s of the rent provided in tt;Js Lease. (b) ]n V. he event of any such de£ault or breach, the Lessor shall have the right, ~t its option, to declare the rents for the entire remaining term and other indebteaness, if any, immediately due and payable without regard to whether or not possession shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon end recover Judgment therefore. (c) The Lessor, in addition to other rights and remedies it ma), have, shall have the right to remove all or any part of the Lessee's property from said Premises and any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of L~ssee and the Lessor shall not be responsible for the care or safekeeping thereof. .nd the ssee hereby waives andy and all loss, destruction and/or damage ( ~ injury ,, by Lessor shall be construed as election on Lessor's part to terminate APR 0 6 1997 (d) No such re-entry or taking possession of said Leased Premises NO, t this Lease unless a written notice of such intention le given to Lessee, Notwithstanding any such re-letting without termination, L~ssor may at all times thereafter, slect to terminate this Lease for such previous default or breach. Any such re-entry shall be allowed by L~ssee without hindrance, and Lessor shall not bs liable in damages for any euch re-entry, or guilty of trespass or forcible entry. (al Any rent which may be dut Lessor, whether by acceleration or otherwise, as herein provided in this Article, shall include ell base rents and any additional rents provided for heroin. (fl Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative end in addition to and without waiver of or in derogation of any right or remedy given to it under any law now or hereafter in effect. (gl In the event any payment due Lessor under this Lease shall not be paid on the due date or within a five (5) day grace period thereafter, Lessee agrees to pay the sum of Ten end No/100 ($10.00) dollars per day, or five (5%) percent of the amount due, whichever is greeter, of ouch delinquent payment until made. In the event that any check, bank draft, ardor for payment or negotiable instrument given to Lessor for any payment under this Lease shall be dishonored for any reason whatsoever not attributable to Lessor, Lessor shall bo entitled to make an administrative charge to Lessee of Twenty-five and No/100 ($25.00) Dollars. In the event that it shall be necessary for Lessor to give more than one (1) written notice to Lessee of any violation of this Lease, Lessor shall be entitled to make ~, administrative charge to Lessee Of Twenty-five and No/100 ($25.00) Dollars for each such notice. Lessee recognizes and agrees that the charge which Lessor is entitled to make upon the conditions stated in this Section of this Lease represent, at the time this Lease is made, e fair and reasonable estimate and liquidation of the costs of Lessor in the administration of the Lease resulting to Lessor from the events described which costs are not contemplated or included in any other r~ntal or charges provided to be paid by Lessee to Lessor in this Lease. Any charges becoming due under this Section of this Lease shall be added and become due with the next ensuing monthly payment of rental and shall be collectible as a part thereof. ARTICLE 17. OT;fER REMZDIEB: BECTION I: Wrongful }[oldover: In the event Lessee remains in possession of the Premises after the expiration of this Lease and without the · xecut~cn cf a new Lease, Lessee snail be deemed a Lessee for month to month, Subject to al! t~e condition of this Lease, except that the monthly rental shall be t~ice the monthly rent set forth in Article 2, ~less Lessor ~3_9 otherwise ~£CTION 2: Attorney,s Fees In cornection with any litigat~on out of this Lease, the prevailing party shall be entitled to recover all costs incurred, including court costs, reasonable attorneyts fees (and fees cntrged by para]egal and other profess2cnals working under the d~rectlon of any attorney), including, without limitation, trial, appellate, arbitration and bankruptcy proceedings, plus accrued interest thereon at the maximum rase of interest allowed by law from the date any such were incurred as legal hereunder. As used herein, a~torney's fees shall include, but not ~e limited to, fees incurred in all matters of collection and enforcement, conetructlon and interpretation, before, during and after suit, trial proceedings, appeals and arbitration proceedings or creditors reorganization or arrangement p~oceed]ngs. ARTICLE iS. NONWAIVI:R: The failure of Lessor In one or more instances to insist upon strict performance of one or more of the covenants or conditions hereof or to exercise any remedy, privilege or option reserved to Lessor, shall not be construed as a waiver for the future of such Covenant or condition o- of the right to enforce the same or to exercise such privilege, Option c~ .~emedy. The receipt by Lessor of rent or any other payment required to be m~de by Lessee. or any part thereof, shall not be a wai~er of any other additional re~.t cr payment then due, not shall such recei,~t, though with knowledge of the breach Of any covenant or condition hereof, operate as or be deemed a waiver by Lessor of any of the provisions hereof, or of any of Lessor's rign-s, remedies, privileges or options hereunder. No., APR 0 I~ 1997 ARTICLE 19. SUBORDINATION IIY LE~SEEI esLessee agrees that at Lessor's option, this L~aae shall be subordinate any mortgage or ground Lease that now or may hereafter be placed upon the Premises and to any and all advances to ba made thereunder and to the interest thereon and all renewals, replacements0 assignments and extensions thereof. Leasaa agrees, upon request, to execute any paper or papers which I~ssor may deem necessary to accomplish thin end and, in default of Lessee's so doing, Lessor ie hereby empowered to execute auch paper or papers in the name of Leasee and as the act and deed of Leasee, and thim authority is declared to be coupled with an interest and not revocable. Further, Leaeee agrees to make reasonable modifications to the tel-ma and conditions hereof (but not to the amount of rent or period of Leaae} aa may be required by an institutional lander of Lessor. ARTICLE 20. NOTICZ: Whenever under this Lease a provialon ia made for notice of any kind, it shall be deemed sufficient notice and aervtca thereof if such notice to Lessee ia in writing, addressed to Lessee at the last known post office address of Lessee or at the Premises, and delivered by hand or sent by certified mail with postdge prepaid. Any notice to Lessor mhall be in writing, addressed to the last known post office addresa of Lesaor, and sent by certified with postage prepaid. Notice need be aent to but one Lessee where Lessee is more than one person. ARTICLE 21. WATER DA}rAGE: Lessor shall not be liable to Lessee for any Joes or damage that may be occasioned by or through the acts or omissions of other Lessees in the Shopping Center, or for any los~ or dar. age resulting to Lessee or his i ~operty from burst or leaking water, sprinkler or sewer pxpes or from roof ~aks. Lessee waives any right of subrogation againat Lessor. -AR~tGL~-~. DEPOSIT/LAST MO~T~S RENT~ ~ SECURITY -- Lessee has ,simultaneously w3th the execution Of this Leas~-w~paid to ~_~i~e c~n~,4eA=~ as ~ security deposit for the faith ,~ ~rf6rma~e rental installment. In the e~nt that ;~e~~c~ .... '~ ~i~~ c~venants, and condition~ o~ thc Lease, th~n Les~or~l, at tt~ option, use the ~ecurity deposit and the lasts months renta~nstallment, ~r any part thereo~, to cGmpensate Less~r ~sr damages occa~ned by Lessee's broarh In the event L~s~or's damage~ exceed the am~unt~ the security deposit and the ~?~ month9 ~ental .Installment, then Le~e agrees to pay to ~ssor the u~[serence between the amount of Lessor~damages and these deposit amounts, a~ ~ell as restoring the original s/~urity deposit and last month's rent wzth~n ten (10) days after notifica~on by Lessor of much amount due. Lessor may co--mingle these deposits wi~its other fundm, and no interest shall be paid thereon. Lessor agree~that, in the event this Lease is in good standino at the expiration o~the term hereo~, it will redeliver the security deposit'to Lessee within~irty (30) days from receiving possession of the Premises from Lessee..~he last months rental installment shall be applied against the last mc~s rent for the latter of either the initial or last optional term of ~s lease, provided Lessee is not in default.' If Lessee ts In default,~e last mont~'~ rent may, in Lessor's discretion, be applied first to come, sate Lessor ,o. the damages occasioned by such defaul{ and L~ssee mus~hen pay the last months rent or any balance thereof ~' covered by the ~aining deposlt amount in full. Any sale of "he Shopp .9 Center shal~lieve Lessor of responsibility for return of the security deposit, ~~s~ sh~ll look solely to the purchaser of the Shopping Ce?tar for the ~~n the{eof. Lessee agrees that it shall not look to ~ssor s mortqa ee ARTICL~ 23. L~saee shall look solely to Laesor's interest in the Shopping Center and in the Lessor's personal property used In connection with the Shopping Center for the satisfaction of any judgment or decree requiring the payment of money by Lessor, based upon any default hereunder, and no other property or asset of Lessor shall bm subject to levy, execution or other enforcement procedure for the satisfaction of such Judgment or decree. ARTICLE 24. IMPROVEMENTS kND ALTERATIONS OF S~OPPING CENTER BY LESSOR: The Common Areas are the private property of Lessor and ere et all times subject to the unrestricted control of Leslor. To the extent Exhibit "A" or any other diagram which is made a part of this Lease sets forth all or a part of the general layout of the Shopping Center, much exhibits or diagrams shall not be deemed to be a warranty, represent4tlon or agreement on the part of the Lessor that the Shopping Center will be or ts exactly as indicated on said exhibit or diagram. The Lessor ma}, increase, reduce or change the number, dimensions or locations Of the walks, buildings and parking areas in any manner whatsoever that L~esor shall denim proper, and Lessor reserves the right to make alterations, modifications or additions to the building in which the premises are located, and to add buildings to the Shopping Center. There shall be no abatement of rent, and no liability of Lessor by reason of any injury to or interference with Lessee'~, business arising from the making of any repairs, alterations, modifications or improvements in or to any portion of the Shopping Center or the pr,~mlses, or in or to fixtures and equipment therein. ARTICLE 25. LESBEE,B REPAIRS AND MAINTENJ~NCEI Other than the repairs WhiCh shall be the obligation of Lessor as required pursuant to Article 5 hereof, Lessee shall, at Its own cost and expense, take good care of and make necessary repairs, structural and otherwise, to the interior of the Premises, and the fixtures and equipment therein, including the exterior and interior windows, doors, locks and entrances, store fronts, signs, ~howcases, floor coverings, interior walls, columns and partitions, lighting fixtures, heating, ventilation and air conditioning equipment, and plu~nbzng and sewage facilities, and to such equipment and facilities outside the Premises but exclusively serving the Premises. All k~-~L~ · . ' --~/--Lm~o~. Lessee agrees to keep and maintain in good condition the electrical equipment in the Premises and keep in force a standard maintenance agreement with a company acceptable to Lessor on all air conditioning equipment and provide a copy of said maintenance agreement to Lessor. Lessee also shall pay for and maintain a termite and pest extermination service for the Premises. Lessee shall have the obligation to keep the exterior fronts, sidewalks end rear of the Premises in a nea~ and Orderly condition and free from debris and rubbish at all times. Lessee shall keep the Pr~mises in a clean, sanitary and safe cor, dition in accordance with all directions, rules and regulations of the health officer, fire marshall, Shopping Center inspector or other proper officers of the governmental agencies having Jurisdiction, all at the sole cost and expense of Lessee. Lessee sholi permit no water damage or injury to the Premises, and Lessee shall, at its own cost and expense, replace any gla~s windows, doors and door hardware in the Premises which may be damaged or broken. Lessee acknowledgos that Lessee has inspected and is fully satisfied with the condition of the Premises, and accepts the Premises in its present "As Is" condition. At the expiration of this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear only excepted. ARTICLE ~(. REPRESENTATIONS/MODIF/CATiONS: It is agreed that by occupancy of the Premises by Lessee, L,~ssee formally accepts the same and acknowledges that Lessor has complied with all requirements imposed upon it under the terms of this Lease. This Lease sets forth all the promises, agreements, conditions, and understandings between Lessor and Lessee relative to the Premises, and there are no promises, 10 APR 0 8 agreements, conditions or understandings, mither oral or written, ew~reased or implied between them, other than as herein set forth. Except as herein otherwise provided, no subsequent alterations, Amendments, changes or additions to this I~ase shall be binding upon Lessor or Lasses unless reduced writing and signed by them. Lessor has the absolute right to effect such [her tenancies as it may elect. There is no obligation or limitation as to ~e identity, number, or purpose of other ~seees in the Shopping Center. ARTICLZ 27. aECTXO~ II C.A.X. C&lculation~ l~ssee sgrees to pay to Lessor as Desaee's monthly contribution, the sum of ~bres hundred fifty two dollars end %vent¥ three canto ($352,2~l~, towards the cost of operating, maintaining, and repair of the parking areas and common areas of the Shopping Center (hereinafter referred to as Common Area Charges or C.A.M.). The Comr~on Area Charges shall be paid monthly in advance on the dates that payment of rent is due hereunder, and all the rights, privileges and recourses available to Lessor for the non-payment of rent shall ba available for the non-payment of the Common Area Charges. For purposes of this paragraph, the charges included within the Common Area Charges shall include, but not bs limited to: (a) Garbage and trash removal from common areas; maintenance, repair and replacement of (a) ell parking lot surfaces, service areas and courts, including cleaning, sweeping, painting, striping, resurfacing, tasseling and repaying; (b) sidewalks, curbs, guardraile, bumpers, fences, ecresns, flagpoles, bicycle racks, Shopping Center identification signs, directional signs, traffic signals, and other traffic markers and signs. (b) Maintenance, repair and replacement of (a) storm drainage and sanitary sewer systems, including disposal plants, lift stations, canals and retention ponds or basins; (b) irrigation systems; (c) electrical, gas, water and telephone systems; (d) lighting systems (including bulbs, poles and fixtures); (e) utility systems; and (f) security systems. (c) Maintenance of all exterior planting, replanting and replacing of flowers, shrubbery, plants, trees and other landscaping. o(d) Premiums for personal liability and broad form (or extended verage) hazard or peril insurance covering all or any portion of the Shopping Center land and/or buildings (excluding liability or other insurance carried by individual Lessees in the shopping Center). (e) Maintenance, repair and replacement of all portions of the build~.ngs in the Shopping Center, excluding Premises leased to other Lessees. {f) Management personnel and supervision (including property manager, promotional director an~ staff), office space and supplies, all not to exceed fifteen (15%) percent of the total C.A.M. (g) Costs of making any changes, improvements or modifications to the Common Areas as required by any governmental authority or regulation, including t~e Americans with Disabilities Act of 1990 (42 USC flil01, et seq.) or Chapter 553, Part V, Florida Statutes, or any modifications, amendment or subsequent version thereof. (h) Merchants Association fees assessed to the Shopping Center or Lessor, if any. (1) Costs of electricity and other utilities payable by the Lessor with respect to the Shopping Center. (~) Costs of employees, attorneys, management personnel, maintenance personnel, accountants and realtors, to the extents of their activities with respect to the Shopping Center, whether hired or engaged or a professional, employee, independent contr~ctor, or otherwise, including the cost of social security (FICA). unemployment, worker's compensatio health or disability i~surar, ce, or other benefits of employment. (k) Any other expenses and costs projected or incurred in innection with ~he normal administration, operation, preventive and tractive maintenance and repair of the Shopping Center, it being the intent the parties that the Common Maintenance Charge, along with all other sums payable hereunder with respect to the operation of the Shopping Center, including Lessees' pro-rata share of property taxes, collectively amount to 11 APR 0 8 1997 the absolute nat of all such expenses and costs. SECTION 2: C.A.M. Shortages: If the Common Area Charges paid by Lessee pursuant to this Article for any full or pattie! calendar year ~hall be less than Leasor'a actual costs, Lessee shall pay %o Lessor the difference between the amount paid by L~aaas and Leasee'a pro rata share of such actual costs within thirty (30) days after notification by Lessor of such amount due. Lesaee'a pro rata share shall amount to that portion cf the actual common area costs hereinabove described, which the gross floor area of the Premises bears to the gross area of all rentable apace in the Shopping Center. Lessor shall have the right, at the end of each calendar year, to adjust the monthly Common Area Charges %o be paid by beasee for %he next calendar year baaed upon Lessee'a pro rata share of Leaaor's actual coat for the preceding calendar year. Lessor has one year from the end or the orevious calendar year to notify Lessee o~ any C.A.M. shor~aoes, otherwise ~he deficiency A waived. - ARTICLE XNTERXOR Lessee agrees that, prior to the commencement of this Lease, Lessee shall aubmi= to Lessor an interior layout and fixture sketch0 which must be approved by Lessor in writing prior to the lnatalla=ion of fixtures by in the Premises. Lessor agrees that it will approve Lesaea'a Anterior layout and fixture sketch provided the same is not detrimental in appearance to the other stores located in the Shopping Center. Any work performed by Lessee, or Lessee's subcontractors, in the Premxses, shall be performed strictly under the control and supervision of Lessor and/or Lessor's general contractor. Lessee shall not make any changes to the storefront without La,ear's consent. ARTICLE 29. BROKER: Lessee warrants and represents that, to Lessee's knowledge, there is no real estate broker involved in this Lease and that Lessee has had no dealings with any real estate broker or salesman other than Barton Collier Commercial, Inc. in the negot~atAon of this Lease. ,RTICLD ~... REAL ESTATE TAXES: SECT/ON l: Lessor agrees to' pay all real estate taxes and assessments which may be levied against the Shopping Center. Beginni~.~3~'with the Commence~ent Date, Lessee shal~ pay its pro rata share of a~l-~auch taxes, Charges and asses~r, ents, including all real estate ta~es ~d assessments, both general and special, imposed by Federal, state or ,local governmental authority or ~ny Other taxing authority having Jurisdic~an over the Shopplng Center, against the land, Snapping Centers and all o~h~r improvements within the Shopp~r,g Center, together with any and all e~p~nses incurred by Lessor in negotlat~ng0 appealing or contesting s~ch taxes and assessments (hereinafter referred to as the Red] Estate Tax Charge}. Lessee's pro rata share of the Real Estate Tax Charge shall !~mount to that portion of the Real Estate Ta~ Charge whAch the gross floor area of Leasee's ~f.~ross. fl~or, area of ail rentable/s~ce in the ~mM _~._+ ~.~~ ,'. - w-~.,~-~o ~.are or the Real Estate Ta. -~- o ~weA~un ~1/12) of the amount so estimated ~ x Charge "~ " ' ' · ' shal. be paid monthly advance, on the dates that~m~nts of rent are due hereunder, SECTION 2: Lessee aa~ees to pay monthly to Lessor as Lessee's estimated !~o rat~ spare of the~e~al Estate Ta~ Charge the amount o Ta~_~ At ' -~c~ i Estate T~x ~harge paid or payable by Lessor during the price'ear. If the Real Estate Tax Charge aid b 'La . to this Art' ~ P y asea pursuant ...... t~e is la=. than bessor's pro rata share of such actual Rea] ~5~a~e Ta~-nargo w~thin thirty (30) days after notification by T- ,zor of such amo~ts due. Lessor shall have tho right, at the end of each ;alendar year~'djust the monthly Rea] Estate Tax Charge to be paid by Lessee for ~xt Calendar year based upon Lessee's pro rata share ~c fcr ~~ ~ ..... ar of the Real Estate APR 0 8 199; ARTICLE 31. SECTZON 1~ tailor has no obligation to make ·ny llallhold Improvements. Aa · courtesy to Lessee, Lessee may take possession of the Premises on the day of 19 , for the limited purpole of commencing leasehold improvament· (which must be approved by Lei·or pursuant to Article 7). Leisee may not open for bull·els prior to the date set forth in Article 1 without the prior written consent of Lessor. La·see's failure to complete th· leal~ehold improvements by such data Ih·ll in no way effect Lellll'l obligationl hereunder. IECTiON 2t tailor muir approve I~ny contr&ct entered into by Lellee for work in the Premises prior to commenc,ment thereof. All luch contracts must contain a waiver of liens by Leaaae'· contractor ag·init the Shopping Center property. All persons dealing with Lessee are hereby put on notice that th· interest of Lessor in the Premises shall not be subject to mechanic's liens baaed upon Lesaae'e failure to pay any contractor, subcontractor, laborer, materialman or supplier in connection with improvements made to the Premises. ARTICLE ]2. MISCELLA]4EOUS RULES~ Upon r,ceipt of written notice from Lessor advising Lessee to the effect that Lessor intends to renovate, repair or in any way modify or alter the front or facade of the Shopping Center in which the Premises are loc·tad, Lessee agrees that it will promptly remove ltl store sign during the course of such renovatioms, repairs, modifications or alteration. Lessee agrees to abide by bes$or's rules and regulations for the Shopping Center, as such rules and regulations shall be compiled by Lessor from time to time. ARTICLE ]3. ESTOPPEL LETTER FROM LESSEE: Leisee agrees at any time within ten (10) days of Lessor's written request, to execute, acknowledge and deliver to Lessor a written Itatimant certifying that this lease is unmodified and in full force and effect (or, if there have been modifications, that thl same is in full force and effect as modified and stating the modifications) and the dateI to which thi minimum rent and other charges have been paid in advance, in any, it being intended that any such statement delivered pursuant to this Article may bi relied upon by any prospective purchaser or mortgagee of the Shopping Cinter. MERC~A~T.S ASSOCiATION~ Lessee agrees to become and rem~ in good ·tending of a merchant's association. Lessee~r,,~ t~pay such du~s-%n~ a~soclation }n_9~-t~f--~_omply with suc~ other .g la~J~i ~s may be adopted from tame to time by the association. At the ARTICLE ]5. RULES AND Lessee shall comply w~th the rules and regulations promulgated by Lessor for the use and operation of the Premises and the underlying real property. A copy of the e:(lstlng rules and regulations are attached hereto as Exhibit "B." L~ssor has the right to amend the rules and regulations in its good faith discretion for the b~nefit of the Shopping Center. ARTICLE CLEARkNCE OF DEmOSIT~ This L~ase shall not be deemed valid and ~n effect until such time as any deposit psi.! by Lessee to Lessor in connection herewith has been cleared by Lessee's ban~. i A genda Jt~m AP~,R. 0 I~ kRTICLE 37. JURISDICTION ]~D VENUE{ This hesse shall be interpreted ~nd enforced in accordance with the laws of the State of Florida and Jurisdiction end venue with reepect to any legal action brought hereunder shall be in Collier County, Florida. ARTICLE IECTXO~ Xt Contamination from Masardous aublt&~ell With respect to contamination from hazardous substances or petroleum occurring during the period beginning on the Commencement Date and extending throughout the Initial Term of this Lease or any additional term hereof, Laeeee will defend, indemnify and hold Lessor harmless of and from ·ny and all losses, damages, claims, costs, fees, penalties, charges, &sssssments, taxes, fines or expenses including reasonable attorneys' fees and legal assistants' fees, arising out of any claim asserted by any person, entity, agency, organization or body against Lessor or the property of Lessor, se · result of the handling generation, treatment, storage, disposal, transport, release, discharge, spill, or emission of any hazardous or toxic substance or wastes, pollutants, contaminants or petroleum on, at or about the Premises, arlsLna from Lease!! use of the Premisgs. This indemnity includes, but As not limited to, any losses, damages, claims, costs, fees, penalties, charges, assessments, taxes, fines or expenses, including reasonable attorneys' fees and legal fees incurred by Lessor under the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERC~"), am amended from time to time, also known as "Superfund", the Federal Resource Conservation and Recovery Act of 1976 ("RC~"), as amended from time to time, or under Florida's 1974 Resource Recovery and Management Act ("R~"), as amended from time to time. In the event that Lessor incurs any losses, damages, claims, costs, fees, penalties, charges, assessments, taxmm, fines or expanses, including reasonable attorneys' fees and legal assistants' fete in connection with cleaning up, removing, disposal of or otherwise eliminating petrolatum, toxic substance, hazardous substance, solid waste, wastes, contaminant from the Premises, such lofJses, damages, claims, costs, fees, penalties, charges, assessments, taxes, fines or expenses, including reasonable attorneys' fees and legal assistants' fees will constitute additional rental due from Lessee to ~s~sor and will be immediately due and payable in full. SECTION 2: Definitions: The terms "hazardous substance" and "release" will have the meaning specified in C£RCI~, the terms "solid waste" and "dispo~ai", "dispose" or "disposed" will have the meanings specified in RCRA and the terms "wastes", "petroleum" and "contaminant" will have the meanings specified in R~MA, except that if such acts are amended or other rules, regulations or statutes are enacted to broaden the meanings thereof, the broader meaning will apply herein. SECTION ~: Survival of Covenants and Indemnifications: The covenants and indemnifications contained in this Article shall survive the expiration or termination of this Lease. ARTICLE 39. OBLIGATION TO PROVIDE LEGAL PUBLIC ACCOMMODATIONS: It shall be the re~ponsibility of Lessee to maintain compliance at all times with the Americans with Disabilities Act of 1990 (42 USC jlSlO1 et seq.) and Chapter 553, Part V, Florida Statutes, or any modification, amendment or subsequent version or re-enactment thereof. All actions required to maintain compliance or achiev.e compliance with the aforesaid laws shall be performed with reasonable dilig~nce by Lessee and the costs thereof shall be paid by Lessee. In the event that Lessor incurs a~' losses, damages, claims, costs, fees, penalties, charges, assessments, tax.~, fines, or expenses, including reasonable attorney's fees and legal assistant's fees or construction costs with respect to the Premises, arising from Lessee's non-compliance, such losses, damages, claims, costa, fees, penalties, charges, assessments, taxes, fines or expenses, including reasonable 14 attorney's fees and legal assistant's fees will constitute additional rental due Jrom Lessee to Lessor and will be immediately due end payable in full. Lessor sakes no warranties to Lessee with teepee= to whether the Premises are laking improvements to the Premises for Lessee, Lessor does not warrant in ny way that such Improvements shall be made in e manner which wall ~onstitute compliance. ARTXCLE A0. Radon ia a naturally occurring radioactive gas that, when it has accumulated in a Shopping Center in sufficient quantities0 may present health risks to persons who are exposed to l= over time. levels of radon that exceed federal and state guidelines have been found An Shopping Centers in Florida. Additional information regarding radon end radon testing may be obtained from your local County Health Unit. This notice is provided pursuant to S404.056(5), Florida Statutes (1988), which requires that such notice be included in certaln real estate documents. The minimum hours of operation from~e~st through May let shall 10:00 A M - 9 ' g y h Il be .. · ._ ..00 P.M.,_..F~nd~y'-'t~roug~ Saturday. The minimum hours of operation Kr~mMa__~y~t-~rough December 1st shall be lOgO0 A.M - ~:00 P.M. n~_: its discretion on Sunday Thanks lvin Da Ch ~RTICLE 42. AGENCY DISCLOSURE Required Disclosures as per Chapter 475 and Florida Statute 404.056~ Trac~ ~, Ino., I Florida Co~o~rat~9~ ia by th~s document giving notice to Collier County. a Political subdivision Of the ,~ate ~f FL that Joe Brock. Licens~ is the agent and representative of Tract B, In~. undersigned(s) acknowledges that thi~ written notice was received before the undersigned(s) signed a contractual offer or lease agreement, in compliance with 475.25(1) (g), Florida Statutes, and Rule 21V-10.033, Florida Amendment Code. ARTICLE (3. If Lessee is a corporation or a partnership, the person signing this ~ease on behalf of such entity warrants he has full authority to execute this Lease and cbligate the corporation or partnership hereunder, and said person or his or her spouse shall also execute a personal guarantee of all terms conditions and obligations of Lessee, said guarantee to be attached hereto as an Exhibit. If ~ssee is an individual, Lessee unconditionally guarantees to Lessor and becomes personally liable for the full and timely payment of al! Base Rent, Percentage Rent, Additional Rent, and any other payments set forth ~ithim tbs Lease, including any e×tensions or renewals thereof, and if there be more than one guarantor, %he oDligations h~rein imposed upon Lessee shall be Joint and several. ARTICLE 44. MISCELlaNEOUS PROVIBIONBI 1. Lessee accepts premises in "as is" condition. 2. If lessee is sales tax and real estate tax exempt, then lessor will tr~quire a letter of exemption stating this fact which will relieve the lessor om the responsibility for the payment of taxes for Suite 318 during the rm of the lease. 15 APR 1997 _ ~4seee acknowledges recaLpt of a completed copy of thLm Lame. This 6ease shall not be recorded in the public records by ~eaeee without the express written consent et Leemor. Time ia of the essence in the performance of this Lease. The headings contained in thlm ~aae are molely ~or the convenience o~ the parties and are not part of this ~aa. Ail te~m and words umed In this ~ame, regardless o~ the nu~er or ~ender In ~hich they are used, mhall be deemed to include any other nu~er and any other ~en~er am the context may require. Executmd on the Oats ~irat above w~:ltten. WXTME~IZJ~ ~llO~l T~ B, a ~lorAda Co.oration Ted Henning, Prelid&nt DATE: ATTEST: DWIGHT E. B~OCK, C~erk , Deputy Clerk COLLIBR COUNTY,& politioal eubdiv, of the Irate of FL TIHOTHY L. HANCOCK, Chairman DATE: 16 i~nda Item 0 IlTl PL^~ 216 - 236 203 ~.~ ~ < 315 312 3{)1 J{J3 -- ..Iu4 103 I1.1 114 I1! 111 I1~ 102 '" Slalrl Io Parking Oaral~e Public Rest Rooma SOUTH COLLIER BOULEVARD ~i~: of/~exico i I 5q ISSI()N I'LAZA 599 SOU'I'H CO.I.A_AI~II BLVD. MAI~,CO ISiLANi), FLOR. IDA 17 APR Q pg. 1. The entries, passages, corridors, halls, elevators, and stairways shall not be obstructed by Lessees for &ny purpose end shall only be used for ingress and egress to and from their respective Premises. Nothing shall be permitted to be placed by Lessees in the public corridors. 2. The loading and unloading of march&ndise, supplies and fixtures to and from the leased Premises shall bs subject to such rules and regulations as in the Judgment of the Lessor ars necessary for the proper operation of the leased Premises. 3. Lessees will keep the demised Premises clean, orderly, sanitary and free from odors and from insects, vermin and other pests. 4. The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Lessee to the satisfaction of the Lessor. 5. Lessees, their agents and employees shall put out ell lights and close and lock all entrance and exit doors upon leaving the Premises. 6. AIl Lessees and their employee,s/personnel must park in the rear of the shopping canter or in the underground parking garage. ?. If Lessees desire telegraphic or telephonic connections other than that provided in the Shopping Center by Lessor, Lessor or itc agents shall direct the electricians as to where and how the wires are to be introduced and without such directions no boring or cutting of wires will be permitted. No antennas will be permitted on the outside of the Shopping Center. ~. No loud speakers, televisions, phonographs, radios, signs, or window area signs (other than authorized by Lessor) or other devises shall ~e used in a manner so as to be heard or seen outside of or on the Premises without the prior written consent of the Lessor. Lessee agrees not to use loudspeakers, phonographs or radio broadcasts in a manner to be heard outside the Premises. 9. Lessees shall place all garbage and refuse in the container specified by Lessor, and prepared for collection in the manner and at the times and places specified by Lessor, and in accordance with municipal regulations. Lessee shall not permit an~, noxious, foul or dist~rbing odors, noises or vibrations to emanate from the Premises. 10. No change will be made in locks to Lessee's Premises, except as approved by [,es~or. and no additional locks or bolts of any kind shall be placed upon any of tee doors or windows by and La,see, and each Lessee must, upon the termination of his tenancy, restore to Lessor all keys of offices and toilet rooms, either furnished to or otherwise procured by such [~ssse, and in the event of the loss of any keys so furnished, much Lessee shall pay to Lessor t~e cost t~ereof. 11. The plumbing facilities shall not be used for any other purpose than that for which they are constructed, end no foreign substanoe of any kind shall be thrown therein, and the expense of any breakage, ~toppage or damage resulting from a violation of this provision shall be borne by Lessee, who shall, or whose employees, agents or invitees shall have caused it. 12. Lessees shall notify Leszcr when Lessees expect to move furniture, equipment or machinery in or out of the Shopping Canter so that Lessor may put protective covering in the elevators or floors. Lessor re:~,~ea the right to prescribe the hours during which Lessee may take delivery of or move in or out of the Shopping Center any furniture, equipment or machinery if said delivery or moving may cause inconvenience to other Lessees, excessive noise, exclusive use of elevators or stairwells, or otherwise interfere with the normal operation of the Shopping Center. 13. Lessor shall have the right to prohibit any advertising by Lessees which tn Lessor's opinion is harmful to the Stopping Center, its reputation or its desirability as e shopping complex. Lessees shall discontinue such advertising immediately upon written notification by Lessor. 18 APR 0 B 1997 14. No auction, firm or bankruptcy males mhall bm conducted ]n the Premime~ without l~seor'. ¢onaent. ~lllll mhall not ume the mldewalkl adjacent to the Premises for business purpomem w%thout Lemmor'e conment. e 15. If Lemmor providem mtorla mhutterm, Lemmmm Ih&il bear the colt of intenance, storage, repair and upkeep of much ato~-m ihuttera, and it mhall ~esee'e remponsibilit¥ to erect and dismantle mama am it may become necessary for the protection of the demised Prmmieem. la. ~eseeee shall give immediate notice to ~mmor In camm o~ accidentm in the ~aaed Premises or In the Shoppin~ Center, or o~ Oefecta therein or in any ~lxturem or any equipment, or o~ an2 Xnown emergency In the Shopping Center. 17. ~amor reeervem the right to mod~y the ~ore~oAn~ Bulem and ~egulatJona, or any o~ them, and to make much other eno [urther reasonable Rules an~ ~e~ulationa aa An its JuO~ment may from time to time be neaO~ul ~or th~ reputation, a~ety, care an~ cleanliness ~ the ~hoppin~ Cmn&er, and the preservation o~ goo~ order therein, eno any much other an~ ~rther Bulaa and Regulations mhall be binding upon the partiem hereto ~lth the same and e~ect aa l~ they had been inmerted at the time o~ the execution hereo~. INITIAl: LESSOR ~SSEE 19 APR 0 1997 ~XHIBXT OPTZON TZ]LI~ Leseee shall have the right, to be exercised em hereinafter provided, to extend this Lease for one fl) three (3) month Period fwith 30 diva written II~_~.ica) provided no default is existing or continuing in the performance of any of the ter~s of this L~ase, et the tine of exerciee, or at ¢o~u~encement of this Option Term. Laseee shall exercise ltl right to m renewal in the following manner: 1) At leaet eix monthe and not more than nine ~onthe prior to the expiration of the initial term, Lese~e ahall notify Lessor in writing of its election to exeraise this Option Term. 2) The ~or and ~s~ee shall mutually agree upon the amount of rent and e~calations payable, which zhall be at the then comparable rental rate for similar quality and location of competitive rental buildings determined by the Lessor. However, the rent ~ayable ~hal] In no event be less than the rent payable during the lm~t year o~ the initial term increased by not less than the incr~ase In the Consumer Price Index · ince the last year of the initial term a~ published by the Bureau of Labor Stati~tics of the United States Department of ~bor for all items, or a ~uccessor or ~ubstitute index ap~ropriately adjusted if such index c,a~es to be published, and the escalations shall in no avant be less than those ~etailed in the ~ase for =he initial term. 3) The Security Deposit will be adjusted to the equivalent of one month'm rent for the first year of the Option Term. 4] Upon giving of such notice in Paragraph 1 hereof and agreement of rental a~ ~escribed in Paragraph 2 hereof, ~ssor and ~mmee shall exercise an Addendum to this Lease ~pectfying ~uch agreement, and this ~a~e, subject to the te~s of this provi&ion, shall be deemed to be renewed and the te~s hereof renewed for a period of ~e (1~ three {3} mo~h Period [with 30 ~ written n~t~ce} from the date of the expiration of the initial term and the other terms of this Lease shall continue full force and effect during said Option Te~ without execution of any further lease or instrument. 5) In the event Lessor and Lessee are unable to mutually agree upon the rent and esc~lation~ to be paid by Lessee during the Option Term, within two mon~h~ f~om the date of said ~ritten notice to extend from the op~ion to extend shall be null and void, sad Lessor shall be free to lease the Premises to any person upon any terms and for any purpome. In the event that thc Lessee does not operate the business or maintain the Premises (including fix~ures, fitting~ and merchandise) in a m~nner con~tstent with The Mission ~laza, the Lessor reserv,s the right not to grant the Option Term, such right not to be unreasonably withheld. INITIALS: 2O LESSOR: LESSEE: .o._J.r.U~ 7 APR 0 1997 F. XECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE SATISFACTIONS OF CLAIM OF LIENS ~ Recommendation l~hat the Board acknowledges full payment and executes the ,Satisfactions of Claim of Lient~. _CONSI.D_ERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-O~cio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. 1.) Regal Enterprises of Naples, Inc., securing the principal balance of $2,500.00 plus accrued interest =nd penalties. 2.) Shell Oil Company, securing the principal balance of $3,350.00 plus accrued interest and penalties. 3.) Scuthem Management Corporation, securing the pflncipsl balance of $6,700.00 plus accrued interest and penalties. Full payment and satisfaction of these liens have been made. The County Attorney's Office ha,'~ reviewed and approved the Satisfactions of Claim of Liens. ~CT: Payment in full of these Claim of Lien,- increases the cash flow in the County's impact fee liens account to approximately $206,173.00. .{ll~~~ T: None I~,E.~~I.QI~ Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Col!ier County to cancel the same of record. Authorize the Che. irman to execute the Satisfactions of Claim of Liens. APR - 8 / Agenda Date: April 8, 1997 Prepared by: ~ Cindy Long, .~unting Tec~an Revenue Se~,ices Reviewed by ReVenue Services Approved Le~ O(~hs~r., ?d.m/~istrator Support Servlc~ I~. lC, 1~ / APR - 8 lgg7 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 8, 1997 FOR BOARD ACTION: SatisfactioD of Li~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 92-671-M2~A, 92-1419-MMA, 89-1515-MOA, 96-5192-M24A, 96-4066-MMA, 97-934-MMA, 96-547-CFA, 95-1304-CFA, 96-8187-MMA, 96-8980-M]4A, 97-507-M}4A, 94-1987-Ml~A. RECOmmEND APPROVAL. Satisfaction of Civil Judaement Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Civil Judgement Lien for Case Nos. 87-3860-TM/87-3981-TM, 89-3846-TMS/89-2903-MOA, 85-4233-TM/90-1882-TM, 89-3572-TMC, 91-4666-TM, 91-4794-TM, 91-3~15-TMC, 91-214-TM. Miscellaneous Items to File For Record With Action As FILE FOR RECORD WITH ACTION AS DIRECTED: 4. Districts: ae Heritage Greens Community Development District - Proposed Operating Budget - Fiscal Year 1997. Key Marco Community Development District - Proposed Operating Budget - Fiscal Year 1997. Port of the islands Community Improvement District - Transmittal of Annual Financial Report and Audited Financial Statements - Fiscal Year ended September 30, 1996. APR - 8