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Agenda 05/20/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 20, 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA' MUST BE SUBMFITED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TIHS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERI~ATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDF~ Tile TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LI]VIITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE 'IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 2. 3, 4. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. April 24, 1997 - Special Meeting, PROCLA/~L~TIONS AND SERVICE AWARDS A. PROCLAMATIONS l) Proclamation proclaiming Donna Gene Barton - Everglades School, Ryan Do~en - Naples High School and April Mullcns - Barton Coliicr H~gh School a~ recipients of thc Award for Excellence. I May 20, 1997 2) Proclamation proclaiming May 111" - 24'~, 1997 as Emergency Medical Services Week. To be accepted by D|an¢ Flag~, Chlcf, Department of Eracrgcnc7 Servlcex, and pr~entation of Phoenix Awardz/Natiooal F~rst Resl)o~der Award/Paramcd~ of the Year Award. B. SERVICE AWARDS 1) Mike Leeds - Information Technolo~f - $ years. C. PRESENTATIONS 1) 2) Canine Search & Rescue Team of South Florida p~ntation by Rcnce Barget, Dircctor and Steve Donovan, Team Member to the Board of County Commlsxioners and to the Emergency Services Department in appreci~tlon for a~istance in obtaining VHF Radio Equipment. A presentation by the staff and new University of Florida Di~rlct Director, Mirth Flinchum, regarding extension ~crvtce~ within Collier County. .&PPROVAL OF CLERK'S REPORT ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Staff ~vicw and recommendations r:lativc to Ordinance g9--62, as amended, also known :.s The Shol)pes at Santa Barbara PUD, which, according to thc required PUD St~.tus Report submitted by the property owner/agent, has not commenced construction a~ defined in Section 2.7.I.4 of thc Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. 2) 3) To approve a Re~olution for ~tablishing a permit fee for ~pecial event informallonal signs Iocatc;I with public rights-of-way. Consideration by the Board of County Commissioners of a request to allow for a late filing of a Comprehensive Plan AmendmcnL B. PUBLIC WORKS I) Adopt a Resolution to ~et the date, timc and place for the I~ablle hearing on the Prelim;.nary Assessment Roil (Non-Ad Valorem Asse. ssment Roll) for the Naples Park Area Drainage Improvements blunicipal Sers4cc Benefit UniL 2) Report on results of Radio Road Beautificatkm MSTU Survey. PUBLIC SERVICES I) Reco~.,nendatloa thgt tbe l~o~rd ~ Covertly Coo~mLzsi~ers appror~ the interlocal agreement for C'i, ty-Co:.v-~ty Beach Parking ~nd enter late an agreement with the 2 May 20, 1997 I0. 11. City or Naples to fund fifty percent of the cosu to construct an additional parldn{: area at Lowd~rmllk P~.rk for residents with beach paHdng tlickcr~ D. SUPPORT SERVICES E. COUNTY MANAGER l) Recommendation to approve a resolution ratifying and approving Ihe expenditure of County funds for specific expenditures tncurred in the recruitment and relocation process for lhe position of Public Worki Administrator, ~u serving a valid public purpose_. COUNTY Al'roP..NEY'S REPORT A. Recommendation to amend agreement bctwetu Collier Co,sty and thc Marco Island Y.M.C.A., Inc., regarding funding with tourist dea, elopment tax funds to remove the requirement that excess revenues be reJmburaed to Collier County. BOARD OF COUNTY COMMISSIONERS A. Recommendation to extend the Lake Trafford Res!or~tion Ad Hoc Task Force through May 7, 1998, and re-appoint/appoint members. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC IIEARINGS - BCC A. B. C. COMPREItEN$1'VE PLAN AMENDMENTS ZONING AMENDMENTS OTHER 1) Recommendation for thc Board of County Commi~ioncrs to adopt an Ordinance amending Ordinance No. 92.-60, ~ amended, relating to the ;ourist dcvclol)ment tax, providing for adoption of guidelines for Categor7 B funds; prov[ding amendment to allocations to allow expenditures for fishing piers; and peaviding amendment to allow the Count)' to retain funds for adminlstralive costs- BOARD OF ZONING ,~PPEALS 3 Ma)' 20, 1997 A. ADVERTISED PUBLIC HEARINGS 1) Reconsideration of Petition CU-97-1, Arthur C. Quinnell rcpresent,.'ng Peter M. Anderson requesting Conditional Usc "4" of thc C-4 Zoninl: District for new and used boat and auto sales for property located at 1995 Tamiaml Trail EasL B. OTItER BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS STAFF'S COMMUNICATIONS 16. CONSENT AGENDA - All matters lisled under this item arc considered to be routine and action will be taken by one motion without ~parate discus, ion of each item. If discussion is desired by a member of thc Board, that item(s) will be removed form the Consent Ag~.~da and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Recommendation that the Board of County Commissioners authorize a 50% waiver/S0% deferral of road, library system, parks and recreational facilities, emergency medical scn'ice~ system, and educational facilitics system impact fees for a Iht'ce bedroom house to be built by Ltnda J. Rodgcrs in Collier County; said impact fees to be paid from AITordable Housing Trusl Fund (191). 3) Recommendation that thc Board of County Commissioners apl)rove a Budget Amendment to transfer funds to cover microfilming costs. Recommendation to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Queens Park at Iago Verde, Phase Eighl". 4) Recommendation to grant final acceptance or thc roadway, drainage, water, and sewer improvements for Ihe final plat of "Pelican Bay Unit Seventeen". ' ~) Recommendation that the Board of County Commlssloncrs of Collier County authorize the Chairman tO sign the permit application for the dredging of Lake Trafford as part of thc overall Lake Trafford Restoration ProjecL 6) Rccommcnda6on to approve for recording thc final plat of "Charleston Squat,:". 7) Recommendation to apl)rove the final plat of"Pclican Strand Rcplat". PUBLIC WORKS 4 May 20, i997 1) Recommendation that thc Board direct staff to re-~olidt proposals for thc removal and/or recycling of agricultural plastic stockpiled at the lmmokalee Landfill 2) 4) Award a contract for Bid No. 96-2578 "All Purl)ose Utility Tractor" to Creel Road Tractor Company in the amount of Request the Board declare an emergency with respect to the replacement of thc Sabal Palm road culver~ at~d authorize an increase in the CR 951 contract with Better Roads, Inc., (County Contract No. 95-2320) in an amount not to exceed S227,607.20 for same. Approve an Engineering S~r,dccs Work Order for inter~ction improvements at Orange Blossom Drive and Goodlclte-Frank Road. Approve final ranking of Consultants and Professional Sera'ices Agreement with Camp Dres~r & McKee for Construction Engineering and Inspection Sen'ices for the NCRW'I'P 8-MGD Expansion Project, RFP #97-2G2S. C. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve a conceMion agreement for the operation and management of a marina relative to the Cocohatchee River County Park facility. SUPPORT SERVICES 1) Recommendation that the Board of County Commissioners approve and execute the Satisfactions of Claim of Lien~. 2) Recommendation that the Board of County Commissioners al)prove and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Feel Recommendation that the Board terminate Contract #96-2608, Sprinkler Parts and Related Items and authorize staff to rebid. ~) A Re~olutlon approving the Satisfaction of Liens for certain residential accounts wherein the Counly has received payment and f, aid liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Serx-ices Special Azsessment~. ~) 7) A Resolution approving the Satisfaction of Liens for certain residential accounts wherein the Count)' has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Sen'ices Special A~enment~. Recommendation that the Board of County Commi.~sioncr~ al)prove and execute the Notice of Promi~ to Pay and Agreement to c~tend payment of Sc~ver System Impact Fec~. Recommendation that the Board of County Commlx~ioncrs approre a lrort~ order under the current anmtni Agreement for Profc~ionai Er:glneer{n~ Consultant ~'icc~ for P~pacatlon of lhe Update of the Non-Ad Valorem May 20. 1997 17. 8) Assessment Roll in the Pine Ridge lnduslrlal Park Municipal Service Taxing and Benefit Unit for Tax Year 199G/1997 and approve appropriate budget amendments. 9) io) Recommendation for approval of a work order under the current annual Agreement for Professional Engineering Consultant Services for Preparation of the Update of the Non-Ad Valorem Assessment Roll in the i~,aples Production Park Municipal Service Taxing and Benefit Unit for Tax Year 199G-1997 and approve all necessary budget amendments. Recommendation that the Board of County Commissioners approve a work order under the current annual Professional Services Agreement for Professional Engineering Services for Updating the Five Districts within thc East and South Naples Assc~mcnt Rolls and to approve all appropriate budget amendments. Report to the Board regarding emergency repalm to the Tax CoUeetor's building and zpproval of a budget amendment transferring funds for campus and building improvemcnt~. COUNTYMANAGER I) Request for Board to adopt the accompanying four (4) resolutions granting certificate/to Florida Water Services Corporation for the provision of water and wastcwatcr service to its blarco bland and Marco Shores sen'icc areas, consistent with the ccrtificalcs previously granted by the Florida Public Sen'ice Commission. BOARD OF COUNTY CObhMISSIONERS I~IISCELLANEOUS CORRESPONDENCE 1) Certificate of Correctlon: NEED MOTION authorizing thc chairman to sign Ccrlificate of Corrcctlon to the tax rolls as presented by the Property Appralscr's Office. RECOMMEND APPROVAL. blISCELLANEOUS ITEMS TO FILE FOR RECORD WlTtl ACTION AS DIRECTED: OTHER CONSTITUTIONAL OFFICERS 1) 1) Recommend Ihat the Cotlicr Count.,,' Commission endorse thc United Slates Department of Juslic¢ Federal Equitable Sharing Agrecmcnt and the Federal Annual Certification Report forms. L ADJOUtLN Recommendation tot he Board of County Commissioners to endorse the United States Dcl)artn~cnt of Justice, Office of Justice Programs Grants to encourage arrest policies Award Number 97-WE-VX-0022 and approve thc related budget amendment. COUNTY A.'!-I'ORNEY 6 Mn)' 20, 1997 AGENDA CHANGES BOARD OP COUNTY CO~MISSIONE~' MAY 20, 1997 CONTINUE: ITEM 8(C) (1) TO 6/24/97 MEETINGs RECOMMENDATION THAT THE BCC APPROVE THE INTERLOCAL AGREEMENT FOR CITY-CObqTTY BEACH PARKING AND ENTER INTO AN AGREEMENT WITH THE CITY OF NAPLES TO FUND FIFTY PERCENT OF THE COSTS TO CONSTRUCT AN ADDITIONAJ~ PARKING AREA AT LOWDERMILK PARK FOR RESIDENTS WITH BEACH PARKING STICKERS. (STAFF'S REQUEST) PA' OCLA MA TION I4(HERF..,4S, WHEREAS, there are marn/ ways in which htgh school ztudent.~ demonstrate that they are sertou~, hard working and concerned about the.future of our community; and these qualities are expecially well demonstrated in the level of achievement displayed in environmental research projects they accomplish; and this year Waste Management of Collier County hat begun the "A ward for Excellence "program to provide graduating high school seniors with a $1o 000 scholarship award/or achievement on an environmental science'project; and the ;~anager of Waste Management ha~ announced the recipients of the Award for Excellence. NOW TIIEREFORE, be it of Collier DONE AND DWIGHT E. BROCK, CLER. t¥ 3CK, · ~ CHAIRMAN .A a£ NO...A .ITEM NO. ~, ~. ~, .. HAY 2 0 P_J~OCLAMA ~[ON emergency medical servlces is a vital and irreplaceable public safety service; the Paramedics of the Collier County Emergency Medical Services Department are ready to provider lifesaving care to those in need 24 hours a day, seven days a weeK' and access to quality emergency medical care dramatically itnproves the survival and recovery rate of th. are who experience sudden illness or injury; and emergency medical services providers hm~ traditionally served as the safety net of America's health care xystem; and the Paramedics of the Collier County Emergency Medical Services Department engage in thouxands of hours of specialized training and conti.,uing education to en3ance their lifesaving sk~'lls; and W'HERE.,IS, members of this highl) WHERE/iS, the knowledge and skills of these of the Collier Emergency NO P/ that r of Collier to observe DONE AND 1997. A TFEST: DIqTG:,-IT E. BROCK. CLEP,.K EXECUTIVE SUMMARY RECOM.MENDATION THAT THE COUNTY COMMISSION HEAR A BRIEF PRESENTATION BY THE STAFF AND NEW UNIVERSITY OF FLORIDA DISTRICT DIRECTOR MITCH FLINCHUM, REGARDING EXTENSION SERVICES WITHIN COLLIER COUNTY OB,FECFWE: To generate a discussion with the County Commission regarding the direction and programming efforts of thc Extension Services Department in Collier Count),. CONSIDERATIONS: What is known as the Agriculture Department in Collier County is called "extension services" in many communities throughout Florida. As this name implies, the departments are designed to be an ex'tension of' the vast resources of the U~fiversity of Horida in Collier and other counties throughout the State. Because the department was originally founded to provide services to a State whose economy and public interest was based almost primarily on agriculture, many communities are not familiar with what extension has become and can provide communities today. With so many resources available to the County through the Extension Department, a presentation is being provided to better famili~ize County decision-makers vdth what Extension is in 1997, the relationship with the University, the programs that are being provided today and finally what other Counties are doing through Extension. FISCAL LMPACT: Vv'rdle there is no fiscal impact associated with the presentation being m~de, direction regarding future department efforts will be used to better prepare budgets for Commission review. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, hear a presentation by the staff of the Collier County Agriculture Department and new District Director regarding Extension Services here in Collier Coumy and discuss the direction of programrcdng to be offered. Prepared by: Date: Denise Blanton, County Extension Director Approved Thomas W. Olliff, Pu~Services Adnfinistrator Date: ,_~- ~.q'~ I HAY2Om7 I t:xEctr ,g SIJMM^_RX STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 89-62, AS AMENDED, ALSO KNOWN AS THE SHOPPES AT SANTA BARBARA PUD, WiIICB, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY ~ PP, OPERTY OWNER/AGENT, ]I~LAS NOT COMMENCED CONSTRUCTION, AS DEIq'H-ED IN SECTION 2.7.3.4 OF TEI'E COLLIER COUNTY LAIiD DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSITJER . Staff is requesting that thc Board review staff's findings and recommendation.~ regarding the above referenced PUD. 'Dds PUD waa origir~lly approved on September 12, 1989. Section 2.7.3.,! of the Collier County ~md Deveioi:rncnt Code requires that the proj~:t deve. loper submit an tamual report on the progress o!' deve!opment, commencing on the fifth anniv¢.,'aary of the PUD approval by the Board of Count3' Corm~'Jssioners. Th,: singular purpose of this report is to e/aluate whether or not the projc-.c~ has co.rnmcnced ia earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the Land i:~'velopment Code, the five year .~pproval period comrncnced on the adoption date, October 30, 1991. Th~-efore, the conditions set forth {n Section 2.7.3.4. are applicable as of October 30, lgO6. Only recently did anaff reg~e that this PUD was not identified as one subject to ',he provifions of Section 2.7.3.4, therefore, it is coming ~o you at this time. The above referer~ced PUD tu~ been identified as a project which was approved prior to Oc:ober 30, l.c,'gl and w,hich has not comme~aced constr'action ~s defined in Section 2.7.3.4. Staff has utilized the required PUD .xtat,as (monitoring) report, supplemented by field observation and review olin house records to yetiS, the cairrent ~at~s ofthe PUD and as the basis of a recommendation to the Board consistent vfith the options pro,,-ided i'n Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows: 2,7.3.4. limits for approved PUD master plans. In the event that a PUD ma.~Cer plan is give.~ at~..praval, and!he landowner(s)shall: Fail to obtain approval for Improvement jdans or a development order for all infrastructure im£rovements to include utilities, roads ~nd similar impr~vement~ required by the approved PUD master plan or other dm~lopment ot,Jer~ for at least I$ percent ~f the gross land area of the PUD site eve<.r fiv~ year~ of the d~e of approval by the Board of County CommL~ioners; and -1- NAY 0 199:]' l~tu'l to receive J~nal locnl development orders for at least l S percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the toeal approved gross leasable floor area within the PUD every six years of the date of approval by the Board of County Commissioners. The t~roject developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anni,x, rsary date of the PUD approval by the Board of County Contr, dssiont~. T]te singular purpose of the report will be to evaluate whether or' not the project has commenced in earnest in accordance with the criteria set forth above. ShouM the Planning 3'ervices Director determine that the development has commenced in ea~'nest, then the land shall retain its existing PUD approval and shall not be subject to additional revie~o and consideration of new development standards or use moch'j~cation. Should the Planning Services Director determine thai the development t~as not commenced in earnest, then upon review and consideration of the reporf provided by the owner and any supplente~ttal information that may be provided, the Board of Count), Commissioners shah elect one of the following: To extend the current PUD approval for a maximum period of t~o years; at the end of which time, the owner will again submit to the procedure as defined herein. 2. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shah be consistent with the Growth Management Plar~ The existing PUD shah remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If thc owner fails to submit an amended PUD within six month, s of Board action to require such an amended submittal, then the Board tnay initiate l~roceedings to rexone the unimpeoved portlons of the original PUD to an appropriate z. atsing classification consistent with the Futur~ Lnnd Use Element of the Growth Management Plan. In the ca~e of de~lopmenta of regional impact, time limit restrictions shall be snp~M by the phasing plan and/or t~'me limi~ contained ~i~hin the application for de~.lopment approval and approved as part of a developtnent order in conformance with F.. ~ 3~ 380. 06. f- ' SyEqo)is of Avvrgv~d Lsnd Us~; Thc PUD consi~ing of 18. I acres more or less is entirely devoted to mLxed commercial and office uses. Except for outlot parcels the maximum floor area is limited to 150,000 square f~et. There is an alphabetically ordered listing of uses, most closely aligned with current C-4 ~ land uses. No development has occurred to date. Consj~stencv with Comorehensive Growth Management Plan: The s~bject PUD is designated "Activity Center" on the Fu~re Land Use Element of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with thc Collier County Growth Manag~t Plan. Thc PUD is deemed consistent with thc following GMP Elements (FLUE, Traffic Circailation Elcmem, Open Space/Natural resource Element, Other): n. QjLO.~.LtL~o;_wz~h_the Co!iier~ C~untv Land Develoomen~ CoO~ .;. The PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the following ,'x~mments can .he made: Transportation; .CrJ3~.c._~,s,. access management, eL~ This PUD has frontage on both Davis Boulevard sad Santa Barbara Boulevard. Provision is made for the dedication of additional right- of-way for the future widening of Santa Barbara Boulevard and payment for cost associated with turn lanes and median openings. The PUD includes all of the normal conditions of approval associated with commercial PUD's such as lighting, turn lanes, control of median openings and access points, etc. l, Andsca~: ~t;ffem'C.<cen Space] The PUD provides for setting aside 30% of the land area for qualifying open space. Land,ape buffers defer to requirements of the LDC. En~r_~ment~l: (Protected r~ecies. ~ee~o~n space~ The PUD advises that former sections of natural vegetation and habitat proration would apply, therefore their current counterparts in the LDC would apply. ~dn~Sit~_Develo%~¢nt: (Sewer/water~.0g~i~ ues) Sewer and water facilities are to be e~ctended from tb, e County's system throughout the property in a manner consistent with Collier County requirements. Water management retention is required to comply with Code requirea~e~,ts. $CAL iWLP A~ amendment to this PUD will have no fi.w..al impact on Collier County. 6TAFF RE(~OMMENDATION: Based on a comprehensive review of this PUD document, recommends that the Board of' County Commissioners grant a two year extension of this PUD per the attached resolution. IJ/ ¥ 0 1997 -3- PIt '~ I~ONA -LD NINO, AICP CHIEF PLANNER CURRENT PLANNING/~L~NAGER DONALD W. ARHOLD, AICP DA iPLANNFNG SERVICES DEPARTMENT DIRECTOR VE~CENT A. CA~JTERO, ADM]NISTRA'I'OR DATE CO?~MUNITY DEVELOPMEN"T & EN~'IRONMENTAL SERVICES DM$ION Ordinance 89-62 Ex Summary/pd -4- I~AY ~ 0 ~397 _ j! MAY 2 Pa. RESOLUTION 97- A RESOLUTION BY TI{E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 89-62 I~'OWN AS SHOPPES AT SANTA BARBARA PUD, EXTENDING THE CURRENT PUD ~PROVAL TO SEPTEF~BER 12, 1999; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Shoppes at Santa Barbara PUD, Ordinance 89-62 adopted on September 12, 1989, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHERF-AS, the PUD was adopted coneistent with and under the provisions of the Collier County Growth Management Plan; and W~EREAS, the Board of County Commiesioners has reviewed the PUD and has determined to extend the c~rrent PUD Zoning for two years, until December 3, 1997; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution ahall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to September 12, 1999; at the end of which time the owner shall submit to the procedures in LDC Section 2.7.3.4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the r~cords of the Petition for which %he extension l~ granted. vote. This Resolution adopted after motion, leco~d amd Done this day of · 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTZST: DWIGHT E. BROCK· CLERK TIM~rMY L, HANCOCK, CHAIRKAN APPROVED AS TO FO~{ AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COMITY ATTORNEY -2- AG£~DA I~£M No,. ~ ldAY ~ 0 lc~? ORDINAI~CE 89- 67 A~I O~%DINA/~CE A~M~NDING ORDIN;~NCE 82-2, CO:~REH~SIVE ZONING REG~TIONS FOR THE ~INCO~OR%TED ~ OF ~LLIER CO~Y, F~RIDA, BY ~{~D~ THE OFFICI~ ZONING A~S ~ ~B~ 50-26-2 BY C~GING THE ZONING C~SSIFI~TION OF ~E H~IN DESCRIBED R~ PROP~TY P~ED ~IT D~PME~, ~O~ AS TME SHOPPES AT S~A B~ FOR R~AIL CO'.~CIAL USES; FOR PROP~TY ~CATED ON THE NOR~ST CO~ OF S~TA B~ BO~ ~D DAVIS BOUL~ CONTAINING 18.1 ACRES, MO~ OR LESS, ~TED IN SE~ION 4, TO.SHIP 50 SO.H, ~;GE 26 ~ST; ~D PROVIDING ~N EFFE~IVE DATE. WHEREAS, Robert Duane of Hole, Montes and Associates, representing Laurence Mullins, Trustee (equitable o'~nsr),patitionsd the Board of County Commissioners to change the'zoning classification of the herein described rmal property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classification of the herein describ~d rsal property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida is changed from "A-2" to "PUD", Planned Unit Davslopment, i :cordance with the PU0 document attached hereto as Exhibit "A" which ia incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 50-26-2, as described in ordinance 82-2, is hereby amended accordingly. NAY 0 FJ 7 _SECTION T~O: This Ordinance shall become effective upon receipt of notice fro[J the Secretary of State that this Ordlnanc~ has been filed with the Secretary of State. ~..' '. ~'.;".~,. ~o~.=~ ~o~,.~, F~ORID~: .~.: :' APPROVED AS TO FO~ ~D LEG~ SUFFICIENCY ASSISTART CO*JNTY ATTORNEY R-89-4 PUD ORDINANCE TH~ SHOPP£~ AT SA/~TA B.~R~ARA CONCEPTUAL PLARNED UNiT Dh~ZELOP~NT 18.1 ACR]iS LGC&TED I.~ SECTION 4, TOWNSHIP 50 SO~&~, R~.NGE 26 EAST COLLIER COUNTT, ~A ~ILE NO. 88.105 SECTION I STATF. R~NT OF CO,M~L/-ARCE A~D SHORT TITLE ...... 1 SECTION II PROPER~ O~IP ~ ~ DESCRIPTION ..... 2 SE~ION III STA~ OF I~E~ ~ PR~CT DESCRIPTION. . 3-4 SE~ION ~ GENE~ D~P~ ~TIONS. ' 5-9 SE~ION V E~RO~F~L ST~S .................... ...10-].1 T~SPORTATION ~QUI~'S .................. 12-14 SE~ION ~I ~ILX~ ~QUI~S ......................... 15-19 SECTION ~II WATER ~AG~ ~QUX~S .............. :. 20 LIST OF Etq~IB~T~ EZ]/IBiT A CONCEPT~J~.L P.U.D. KA~TER PLAR ............... EZ~IIBIT B CONCEPTT/AL WATER ]%kN.~-."2~NT .................. ~][HIBIT C STATE.HEI~T OF UNIFIED CONT]~OL ................. -~-TATFA~EN~ OF COH~LIANCE AND SHORT TITL~ The purpose of th~a iectlon la to set forth the intent of the d~velol>er to d~velop an 18.1 acre tract of land locat~ In part of Section 4, Townshi9 50 South, Range 26 gist, Collier County, Florida. The develo~msnt of the P.U.D. will b. in c~plianc~ with ~h. pla~ing goals and ob]~ctiv.s of Collier County as ~et fo~h In th. C~pr.hensive Plan for foll~ing ~a~ons~ I. The subject 9ro~rty is located in an area ld.n=lfl~ an ~tivity C~nter in the Comprehensive Plan for Collier County. 2. ~tlvity C~lr~ ~e the priCe.ed locations for t~ concentration of c~ercial and mixed use develo~nt 3. The s~Jec: tract is strategically l~at~ at intersection of Davis Bouleva~, (State ~ad 84} ~d Santa ~r~a ~ul~ard, which affords the site su~rior access for the ~lacmment o~ c~rcl~l land use activities. 4. Th~ proJec= ~hall ~ In co~plianc~ with ~11 County reT~la~ion~ including the C~reh.~lv. PI~. 5. The proJec~ will ~ ~e~ed ~ a c~lete r~ge · ~l~es ~d utlliti~s a~ a~prov~ ~- th. Co~. =he internal a~ang~an~ of ~t~ctures, the plac~nt o~ . .land use buffer~, and the p~s~ d~elo~nt con=ain.d her~ln. This Ordin~ce shall ~ ~ and cited as the *S~s · Santa Barbara Pla~ed Unit ~v~lo~ent Ordl~nce=. SECTION Ii PROPERTT OWNERSHIP A~D LEC~M~ DESCRIPTION 2.1 The subject proper~y is currently owned by~ Royce Stallings/Fee SLmple Legal Owner. Laurence Mulline/Con~ract Vendee and E~uitable Owner. 2.2 The auhJect property is de~cribed as follows, LEGAL D~$CRIPTION The Wom~ half of the Southwest quarter of thy Southwest qu&r~er of Section 4, Township 50 Sou~h, R&nge 26 East, Collier County, Florida, LESS =he Westerly 60 fee= thereof for San~a Barb~ra Boulevard and LESS ~he Southerly 75 feet ~hereof for Sta~e ~oad 84 (O&vie Boulevard). OOo 2 .~ ECTION III STAT~M~- OF INTENT A~{D PROJECT DESCRIPTION 3.1 I~TRO_D_UCTIO~ It Ii the d~velopers ].ntent to e~tablish a co~ercial center th[~ doc~ent to ~= forth flexible ~ldol~nes for ~he fu=u~ ~s~lr Plan. Changes ~nd varia=ion~ In building location and PI~ a~val In accordance with Sec=ion 10.5 of the Zoning ~lnanc~. Change~ and v~a~ons In building =rac=l ~y discra=ion of the County ~nager, or his designee, such and procedural re~lremen=s of the Su~lvision Hoover, this shall no= bo const~d ~o re,ire an amen~en~ · o any plat of =his dev~lo~en= unless such change or varianc.~ results in a change of lo= l~nes on =he pla=. '- ~. 3 ~~ The l~atlon of land uses ~s ~ho~ on the Conceptual P.U.D. ~ter Plan. The max~ n~ber of s~arm fee~ of re~ail or office floor area to be pea=ted not including that on the out parcel~ shall be one hunted fifty thousand (150,000) s~are f~et of floor area. 3.4 SITE CLEWING ~D D~INAG~ Clearing, grading~ ear~h~rk, and site drainage ~rk s~ll ~fo~ed In acco~ance with applicable Collier County and Ordinances, and the stand'ards and cool,entre of doc~en=. 3.5 ~E~$ FOR ~ILITIE~ · Easements, where re~lrad, shall bm provided for water manag~en= area~, utilities and o~hmr pu~ms as ~y nmmdmd. ~11 neceoaa~ o&ae~enta, dedications, or other lnstrum~mts aball be granted to £naura the continued operat£on and wi~h maintenance o~ al~ uervices and util£tlea in compliance applicable ragul&tlona in elf.ct at the time approvals are r~questwd. SECTION IV GENERAL DEVELOP-v~NT REGULATIONS The purpose of this ~action is co'delineate the development re~lations that accompany ~he Conceptual ~as~er Plan depicted In Exhibi~ A. ~d l~dscap~ng ~e no~ s~ifically lnc lud~ In =his d~en=, the applic~le ~and~ds of ~he Collier County zon~g O~nce and s~ivision re~la=lo~ ~= a~ eff~= a~ ~e ~ of ~= a~lica~lon shall apply. No building or s=~c=ure, or p~ ~her~f, s~ll ~ e~c~, altered or used, or land used~ in whole or par~, for ~han =he following~ i. Automobile service s~&=lons (in accordsnce with the standards of Se~-tion 9.8 of the Zoning Ordinance) antique shops; appll'ance scores; art studios; supply shops; automobile parts s=o~s. 2. Bake~ mhops~ ~it and tackle sh~s~ ~s and financial l~tl=utlons~ ~r and ~au~ ~th supply'sCores; bl~cle sales and s~ices~ blueprint shops; ~lnders; ~k s~o~s machine 3. C~ washes; c~= ~d flor c~ring sales - which ~y ~clude storage ~ ~s~lla~lon; c~ld c~ canters (no less ~ fi~ ~ f~= f~ an est~l~s~nt sell~g or 8e~ alco~l~c for co~tion on p~aem ~es~ ~ ·places of ~rahip; clang ~to~s~ c~ [in acco~e wl~ ~e s~~ o~ ~ion l.ll o~ ~he zo~ng O~l~e) ~'cm~ial ~rea~ uses -. ind~r~ c~La~ ac~la~ conf~Ao~ 4. Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and drapery shops. 5. Electrical supply stores; equipment rentale including lawn mowers and powmr saws, which may include thmir repair and sale. 6. Fish market - retail only; florist shops; fraternal and social clubs (in accordance with the standards of Section 8.11 of the Zoning Ordinance); funeral homes; furniture stores; furrier shops. ?. Garden supply stores - outside display in side and rear yards; gift shops; glass and ~lrror sales - including storage and installation; gourmet shops. 8. }{ardware stores; hat cleaning and blocking; health food stores; homes for ~he aged; hospitals and 10. Jewelry stores. 11. Laundries - self sez~lce only; leather goods; ' legitimate :huatres; liquor stores; lock~mitP~. 12. Marinas; markets ~ food; markets - meat; ~edic&l offices and clinics; millinery shops; ~otels and hotels; motion p'Icture theatres; museums; stores; mini warehouses and storage facilities minor automobile repair work. 13. New car dealerships - outside display permit:ed; news stores; night clubs (in accordance with standards of Section 8.11 of the Zoning Ordinance). 14. Office - general; office supply stores. 15. Paint and wallpaper ~tores; pet shops; pm: supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph shops; private clubs ( in accordance with standards of Section B.11 of the Zoning Ordinar~ce) professional offices. . 16. Radio and television sales and services; r~dio transmit=ers and. r~eXving equ!~nt, but not pri~clpal tran~=i~sio~% to~r; r~s~.arch and dezign labs; r~st hc~me~; re~taurant~ - including drive~in or fast food restaurants (in accordance w~th the stand&fda of Sactlon 8.11 of the Zoning Ordinance). 17. ~h(~l r~p&lr~ shoe stores; shopping ce~ter$~ souvenir atorem~ mtationery mtores~ supermarkets and sanatorium~. 18. Tailor shops~ taxidermists~ tile sales - ceramic tile; tobacco shops; toy shops; trop£cal fish stores. 1]. Upholstery shops. 20. Variety stores~ vehicle rental - auto,chiles only~ veterinarian offices and clinics - no outside kennels. 4.4 21. Watch and pr~lslon Xns~rumen~ repair shops. 22. Any other commercial use or p~ofesslonal which Il comparable in ~t~e with the lo,gong uses ~d which the Zoning Dir~or c~at~lt with tha a~v~ Ac~esso~ U~e~ 1. kce~lo~ulal and strictures cult~rily wish ~=ted .uses In this district including Co ~VELOPM~NT STANDARDS[ ~lnimum Site kea$ ~nty thoumand (20,000) a~are feet. One h~md and fifty (150) feet. ~nty (20) fee:. ~~ ~t Parcel~1 (a) 'Fro. st, fifty ' ($0)'~eet Accessory structure (lncludin~ canogies) (a) Front, Fifty (50) feet (b) Sides Ten (10} feet (c) Rear, Ten (10) feet (d) Minimum distance between structures, feet. Setbacks Fqr Structures Not Located Ten (10) In 0~ Shopping Center: (a) Davis Boulevard Future Right-Of-Way, Seventy- five (75) feet. (b) Northerly Access Road Right-Of-Way, Fifty (50) feet. (c) Santa Barbara Boulevard: Seventy-five (d) East Proper~y Line, Seventy-five (75) feet! (e) From Out Parcel Boundaryl One half (1/2) sum of building heights. Out Buildings, (a) Santa Barbara Boulevard~ Seventy-five (75) feet, however, buildings less than five thousand (5,000) square feet may have & for~y (40) foot aetback. (b) Davis ~oulevard Future Rlgh%-Of-Way, Seventy- five (75) feet. (c) Northerly Accese Road Right-Of-Way, Fifty (50) feet. (d} East ~roper~y Lln~, Seventy-five (75} feet. (e) From Out Parcel Boundaz-y, Zero (0) or five (5) feet. 3. Accessory Structures, (a) Street Frontages, Fifty (50) feet. (b) From Out Parcel Boundary, Zero (0) or five (5) feet. (c) ~tinimumDlatance Between Structuress Tan feet. ~lnLmum Site Wld=h~ '- One hundred and fifty (150) feet. Sixty (60) feet. H. Parkina~ The same as thm Itandards of the Collier County Zoning Ordinance An effect at the time of application for permits. I. ODes S~¢e and Landscaped Area: A min.~ of 30% of the property shall be ~lnt~lned open space for which a credit Is provided for dedicated areas, landscaped areas and rm%~n%lon areas. J. Land~caDm 8ur fer~ A t~n (10) foe= landsca~d buffer shall ~ along %he nor~hm~ smction of the pro~y south of PI~. If ~lal zoning ~i app~ on ~he :rm~ the buffer shall no~ be re. ired' adjacent ~o said cordially zone~ tract. ~y landsca~g ~ffer will be re.ired ~ accedence with the st~dards of Section 8.37 of the Collier County Zoning Ordinance. K. Mln~ Floor ~ma Principal St~cturg; One thousand (1,000) s~are feet with the exception automobile se~ice stations which may ~ nine hunted (900) s~are 5 · 1 PURPOSE SECTION V ENVi RONHENTAL STANDARDS The purpose of this Section is to set forth the stipulations established of the Environmental Advisory Council. The development this project shall be subject to those stipulations, Petitioner shall be subject to Ordinance 75-21 (or tree/vegetation removal ordinance in existence at the time of permitting), requiring %he acquisition of a removal permit prior tO any land clearing. A site clearing plan shall be submitted %o the Natural Resources Management Departs. ant for %heir review and subject to approval prior to any work on the site. This plan be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Ao Native species shall be utilized, an described below, in the site landscaping plan. A landscape plan for all landmcaplng on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate minLmum of 60% native plantn, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, end 60% of the ground%over shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or ~hrubs can offset an equal percentage of ground%over. For example, the use of 70% native trees could allow the use of only 50% native ground%over. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall 1~ the creation of native vegetation and habitat characteristics lost on the site during construction or due to pas= activiti~s. '.. Co All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following si~e development, a maintenance program shall exotic sgecias. This plan, which will describe control techniques and in~[3ect~on/~=ervals, shall be filed with and sub]ec~ to approva~ by ~he Natural Resources Division. If, during the course o~ site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator ~s discovered, all develo~men~ at that location shall be Department notified. Development will be suspende~ for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of acc./on in regard to its salvageability. The Natural Reson==e~ MAnagement Department will respond to anI such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. -.0 SECTION VI TI~/~SPORTAT ION REQU I RE-"~. ~Ff$ 6.1 The puz~oae of ~his Section is co sec fo=~ the traffic lmprovemonc requir~menC$ which ~he proJec= developer under~ake as an in=e~al p~ o~ ~he proJec= devalopman=. These devalopman=s consis= of =he following~ A. The developer ~hall ~:ovide 40 fee~ o~ road r~h~-of-way along S~=a Barb~a Boulevard. B. The developer shall provide r~gh= ~u~ l~es a= each eh=fence along S~=a B~bara ~ulevard, ~= =he lane~ shall no~ be continuous be=ween en=rances. C. The accea~ on Davis Boulevard shall be 1~1~ ~o ~s in and righ= ~ out. It mha~l ~v% no ~d~an opening upon ~he mul~l-l~lng of ~ha= road. D. The developer shall pr~lde a fair share con=r~u=lon ~oward ~he cos=s of xecons=~c~lng =he erie=lng ~dian ~ opening on San=a B~b~a Boulev~d =o se~e ~he ~in eh=fence · E. The developer ~hall provide a fair share on San=a Barbara BoulevArd when deemed wa~an=~ ~ Co~=y. The al~al~ shall be ~ed, o~ra~ed and ~ln=ained by Collier Coun=y. F. The developer shall provide a~erial level lighting a= all pro~ec= G. 'if a fu=ure median opening Is pe~==ed on San~ Boulev~d =o se~e a ~oint-u~e mn=fence a= ~he bounda~ o~ ~he proJlc=, =he benefiting pro~y ~hall be respona~le for =he conl=~c=ion cos=s of opening and all asl~ia=ld =~ lanes. defined ~ Ordin~cs 85-55 and ~11 no= ~ appll~ ordinanc~ · ~ I. One accezs poLnt is shown on the Conceptual P.U.D. Plan at the IOUthern end of the property to provide  access to the parcel to the east. An additional access ..... point, at the northern boundar~ of the proper=y, ~y ~ the S~lvts~on ~ster Plan/final plat ~titions either ~ County staff. ~ J. The' t~av~l way cross iectfon shall confo~ to the ~ const~ctlon for a minor collector In te~ o~ thlc~e~s In accordance with the County Su~fvision ~ Ordinance. ~ K. The min~ travel way width shall be t~nty-four feet. ~ L. Desl~ and const~ctlom of all ~provements shall =he Collier County S~lvilion Re,la=ions. ~ M. ~rk Wl~n Cell far County right,f-way ~hall ~e= ~ retirements of Collier County ~ght-o~-Way Ordinance 82- N. Th. ~roJec[ ~hall b~ pla~ted in accord~nc~ with ~olli~r ~ County S~ivision aegis=ions to define the · ~ way, out p~cels, and easements al sho~ on the u~l O. Th~ ~ access points to the ~ro~e~y no~h o~ ~ Shogpes at Santa Barbara are understood to ~ co~eptual and will not be cons=~cted at thil t~e. Actual ~ locations will be datelined during the rezon~g ~or :~YJ~[' ~divlsion master plan review of thll land to the ~h. __ P. Parent of $35,000 based u~n prior right-of-way ~l'z; ac~lsition (1.82 acres ~ $11,000/acro) of $20,000 and ~ . prior madman open~ng/~iveway of $15,000~ pa~n= to made and applied ~o t~e S.R. 84 four-lan~ng project · .:.~ s~a~ of consist=ion contracU for S.R. 84 ~,-"- ~tween S~=a Barbara ~ulevard and County'M bad. ~ 0- Pa~n= of road ~pact fe'e~' consistent with ~ ~ f~e ~t~ct~e and/or revisiono to the o~~ ' - -~ .... ~ No Cer~iflcate of Occupancy to be issued until oubstantial road construction completion of S.R. 84 four- laning ba~ween Santa' Barbara Boulevard and County Barn Road. Payment of fair share contribution ~oward =hs fo=r-lanlng of S .R. 84/Davis Bouluvard east of Santa Barbara Boulevard based on genera=ed-attracted new trips divided by FDOT four-la~e xoad capacity times =he cost of road improvements along project's fronuage on S.R. 84. Payment ~o be made and applied to the S.R. 84 four-laning project upon s=&r~ of construction contract for S.R. 84 segment be=ween S~nta Barbara Boulevard and County Bar~l Road. SECTION VXX The purpose of this Section is ~o let forth ~he utilities requirements which must De accommodated Dy ~he ~e p~ec~ davexopmer,~ ~ Count~ d ~iah~S-o~-WaY oz withim ~er and s~e: facilities c°nv~y~T--~ on p~lva~e p~op~f' ,,t~lity o~ashall ~ developer, his as sl~s or successors · comple=ion o~ cons~c=lon of ~he wa=er and Zacill=ies wi~ ~he pro~ec~, =he facilities will be =es=ed ~o ensue they mee= Collier county's u~lli~y co~c~lon appr~ed · The :~e cons~c:l°m pl~S ~e tas~ mus~ ~ c~ple:ed :o ~e sa~lsfac~ion o~ ~acllit~e~ - '= etlon o~ ~o wats= ana[~ ...... . le ~ ~cu~ancy for a:~c~ea within ~he proJec: ~he conveyed ~o ~e CountY, %o Coun%Y O~CeS ~d ~atio~ ~ e~fec: the t~ c°nve2~ce Is ze~es~md- . -. aPP~Ved '~ of conl~%ction- '"' .' [ ' ' 3. Ail cu#tc=ers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the county in. accordance with the County's established rates. Should the county not be in a position to provide water and/or sewer service to the project, ~he water and/or sewer customers shall be customers of interim utility established to serve ~he projeCt ~ntil the County's off-site water and/or sewer facilities are available to serv~ the project. 4. It Is anticipated that the Co~nty Utilities Division will ultimately supply potable water to meet the consumptive dm=and ~nd/or receive and %rrna= the sewage generated by =his project. Should the County system not bm in a position to supply Potable water to =he project and/or receive the project's wastewater at the time development co~mences, t. he Developer, at b/s expen,e, will install ~nd operate interim water supply and on-site eewage ~r~a~men~ and disposal facilities adequate to ~eet requirements of the appropriate regulatory agencies. 5. An agreement shall be entered into between County and the developer, binding on ,~2%e developer, County, prior to the approval of con$~ction documents for the proposed project, statLng that:' a. The proposed water supply and on-site facilities and/or on-site wastewater ~d disposal facilities, if re~, are to ba constructed as ~ of the proposed projeCt and must be regarded as interim; ~ shall be constructed to Stats and Federal et~--'~s arq tO be owned, operated and maintained by developer, his assigns or succmssors, until such time as the County's off-alta water' facilities ~nd/or off-site se~r facilities ar~ available to ee=~£ce the project. The interim treatmen~ facilities shall supply services only to those lands o~ned by ~he dm~elo~r and appzoved by the Connty for ~lo~ment.. The developmeut bo~nda~ &~proved ~f t~ C~mty without the ~lttsn conoent of the Counter. b. Upon connection to the County's off-mite water facilities, and/~r sewer f acllitim~, ~-""~ d~loper, his assigns or ancceesor~ ~h&ll · ee~:~ abandon, dismantle and remov~ frou tha sit-, Ce de lnterL~ water and/or sewage treatment 2ac£11~ Stile of ~lorida stand.ds. ~l cos= ~ ~e Co~. Co.et=ion to ~e County's off-slOe o~ers, their assl~ or successor, a= ~ cos= to ~o Co~=y wi~ln 90 ~ faculties ~ avall~le. ~ cost of cobb=ion shall ~clude, bu= not ~ l~t~ to, all eng~eering desi~ ~ p~a~on construction documents, ~fica~o~ or ~fi==~g of fatuities, ~te~o~=~on wl~ ~ off- f~tlX~Xes ~ avaXl~le for ~ p~]~ ~o co~= wi~h, ~ foll~g ~r facilities s~ll ~ co~ tO t~ ~la~lo~ ~ eff~t ac ~e c~: wa~ or wl~ utility eal~nts (2) ~X wa~ ~d s~ ~acLl~cles o~f-s.tte ~ ~/o= s~ (b) Water distr~bution facilities from the point of connection with the County's water facilities to the =ameer water meter serving the project, including all easements necessax-f. e. The customers served on an interim basis by the utility system constructed by the developer shall become customers of the county at =he : time when County off-site wa=er and/or sawer facilities ara available to serve the project and such connection is made. Prior connection of the project to the County's off- site wa=er and/or sewer facilities =he developer, his assigns or successors, shall turn over to the County a complete list of the syztem and shall not compete with the County for the service of =hose custom-rs. The developer shall also provide the County with a detailed inventory of the facilities served within =he project and the entity which will be responsible for the water and/or sewer service hilling for =he project. f. All cons=ruction plans and technXcal specifications related to connections =o r. he County's off-site water and/or sewer facilities' will he submitted =o the utilities Division for review and approval prior to co~=aencement of construction. g. The developer, hil assigns or successorl; agree to pay all system development char~a at the pursuant =o appropriate County Ordina~es request. This r~quirement shall be lade known to all pro,pective buyer~ of prepare-les for whO.ch buil41ng pex~u[tl w~ll b~ requir~ prior to the starT, of building con~cuc=lon. h. The Count7 will lease to =he D~velope~.for die,ragu=lan and/~r eewag~ collection &~d ~_ran~t~sIon systeJ~ for ~ s~s of $10.00 off-sit~ ~a~er ar~/o:r eM~ fac£1i.tios shall b~ d,te~n!med upon ¢cr~le~]~n of pro~.x~sud utility con~..--c~'~on a~l ~rior to activation of the wa~er supply ~rea~.man= ~nd dis tribu~lon facilities and/or the sewage collection, transmission and facilities. The lease, If rm~d, r~ln ~ effac~ un=il =he County c~ provide fac~lties or ~ttil such t~e that bulk rata water and/or se~r se~ice a~ee~nts seeing the B. Data re~ed under County Ordinance No. ~0-112 shying the avail~llity of sewage semite ~su ~ s~tt~ the cons=~c:lon ~oc~ent~ for the p~Jec:. A co~ of the approved DER pe~ts ~st bm s~tt~ for the s~age collection and tranm~lsion sys=~ and ~ C. If ~ ~mr~ on-mite water supply, ~a~n~ ~ak day d~s=lc d~d, ~ addi=lon =o f~ fl~ d~ a% a ratm app~vmd by ~ appropria%m F~ Con~l D. Cbnst~c=lon ~d ~ershlp of ~hm water facilities, including ~ty pro,smd ln=mr~ wl~h ~11 U~lll~le~ Division s~ds, ~c~s, ordinates, etc., ~ effect a= ~he ~ con~=c=lon approval is E. ~tall~ h~aulic desi~ ~s cover~g dis~r~u:lon ~d s~agm coll~:lon ~d ~ssion sys=~ ~o se~e ~he project ~s~ ~ s~tt~ wiZh const~ction do~ents for the p~t. ~ ~rts shall list all dmsl~ a~s~tions, d~ rates ~ other' factors pe~lnent to ~m sys%~ ~der cogitation. F. Slt~ Develo~ent Plan appr~al s~l~ not ~ subject ~o c~l~m wl~ ~pter 10-D.6, F.A.C., ~ECTION VIII WATER M).NAGEHENT REQUIRE.~I~S 8.1 The p%'~'pose of this Section is to sst forth the atl~ulationS est~hlished by the Water ~nagemen= ~viso~ Bo~, stipulations shall be acco~odatmd by =ha proJec: developer. A. Petitioner shall provide slay (60) fee= of right-of-way along :he mn~lre frontage of Davis Boulev~d for canal widening. B. Detailed paving, grading and site ~ainage pl~m shall const~ction pe~ta shall be issued unless ~d until appr~al o~ =he pro.smd cons=~c=lon in accordance with =he ~ttod plans is ~anted by ProJecU Review C. Cons~ction of all wa:er managemen: ~acllities shall s~Jec~ :o c~pliance with :he appropriate provisions ~he Collimr Coun: S~lvision Re~lations. D. ~ Excavation Pe~lt will ~ re.ired for ~ht lake(s} in accordance with Collier Coun:y Ordinate 99-2S · E. A copy of S~ Pe~l= or Early Work Pe~i~ is red.md prior =o const~c:lon plan approval. F. A mas=er association will be responsible for operation and maintenance of on-site ~ainage facilities. ,.y o o ~XECUTIVE SUMMA RY TO APPROVE A RESOLUTION FOR ESTABLISHING A I'KRMIT ~ FOR SPECIAL EVENTS SIGNS LOCATKD Wn'HIN PIJ~LIC RIGIt'I'e~OF- WAY. To obtain Board approval of the attached res,-~tion e~ a persa~ i:e fo~ Sl:~'~'ial events signs as defined in S~:lion 2.5.5.2.3.9.3 of g~e Las~ ~ Code and located within v-~blic fights-of-way. "0 ~ONS[DER~AT!ONS; Dufin$ the course of the year the County receives rmnm'm~ nxlmm~ m Iocat~ sptxini events signs within the public rights-of-way. ~ of such ~ ~ the L.G. Tournament, Noveen M~ter Tournament, Swamp Buggy, and ~ ~ Ara ~nd Crafts Show. Currently, there is not an e~-tablished permit fee to cover the cost of ~ this type of right-of-way permit. The attached re~lufion would emtab{ifl~ a permit processin8 f~, as well as a refundable flepo~t to ams~n~ ~ign removfl upon application for the permit. Th~ reconunended p~*,rd! fe~ im ~75.00 and th~ ~le deposit is recommended at $25.00 for t~ first sigd~ and $5.00 for ~ch addi~ ~ign_ Failure to remove the signs within five {5) days after the e,,m~ 'a~uld be cause, for forfeiture oft.he deposit. Attached for your [ra%m~tion i, a copy of the revised guidetinesYpolicy that will be u~ for ~manc~ of stx~ial evcnt~ signs within the pubF.¢ rights--of-way. The Development Ser',qces Advisory Committee at their May 7, i 997 meeting, voted in favor ofre~x, mmendin8 ~pproval to the Bo&rd. i{',~pproved, this ieee will senemte approximately $300.00 - 500.00 per year. NO. ~ MAY 2 0 199/' GROWTH MANAGEMENT IMPA(TF; None RECOMMENDATION: That the Board of County Corrari, siom~ aplax)~ 'the Rrzolution (~aablishing a permit fee for special ~vent~ ~ign~ located within pub~ fi~f-way. PREPARED BY: THOMAS E. KUCK, P.E. ENGINEEI~JNG REVIEW M?~NAGER DATE REVIEWED BY: PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, ADMI~fISTRATOR COMM~ DEV. AND ENVIRONMENTAL SVCS. DATE 2 { MAY ~ 0 ~997 pg.., CfkMM%RgITY DEa;ELOPMENT & E~VIORNMENTAJ~ SERVICES ENGINEERING RF. VIEW SERVICES SECTION SUBJECT: COUNTY GUIDELINES/POLICY FOR ISSUANCE OF SPECIAL EVENTS SIGNS LOCATED WITHIN COUNTY RIGHT-OF-WAY DATE: PiARCH 3, 1997 e Obtain County Right-of-Way Permit Permit Fee: $75.00 or as required by Resolution. Refundable Deposit: To be returned upon removal of signs and support by applicant (five days after event): $25.00 for first sign & $5.00/sign for each additional sign. Provide map location with each sign location shown and n,~mb e r ed. No signs located within medians. Sign Size & Color: Signs are reco~mended to be blue in color with white lettering or white with black lettering (Motor Service Guidance color as per the Manual on Uniform Traffic Control Devices (MUTCD)), maximum size - 24" x 32", minim~ size 18" x 24". Entrance to main event shall be permitted 2 signs - maxim~ size 4' x 8'. Signs shall all be professional in appearance and shall include the R/W permit nun~er. No signs shall be erected prior to seven days before scheduled event. ' I AY 0 1991 Sign LOcation: No signs shall be attached to traffic control signs authorized or Other highway Signs. Each sign Shall be located a minimum distance of 30, from Street interseCtion, must have it's own individual sUpPort system, must be located 6 feet from edge of Pavement or 3 feet from back of Wall curb, and bottom of sign shall be a m/n/mum of 12 inches above existing ground. Top of Sign shall not exceed a distance of 5 feet Signs not co ..... above existing r and ~- ~,~zln~ W~L g oun cnu Precedtn~ ~j~ conditi .... d. Code Compliance.= ~uxuelines/Pol~__ oX_the rtght_~_' ~Y w~ll be sUb4e~~ ~ay permit ~ ~ uo removal by RIGHT-OF-WAy PERMIT NO. f/~Om/bk RESOLUTION 97- A RESOLUTION ESTABLISHING PER.MIT FEES FOR SPECIAL EVENTS SIGNS AS REFERENCED IN S~.CTION 2.5.:5.2.3.9.3 OF THE LA2h'D DEVELOPMENT CODE AND LOCATrr~ WITi~ PUBLIC RIGHTS-OF- WAY; PROVIDING FOR, A SIGN REMOVAL REFUNDABLE DEPOSIT; PROVIDING AN EFFECTIVE DATE. oo ~,4 .. ~ ~, :~HEREAS, Collier County Ordinance Number 03-64 provides rcquir~..mcnls for · pe4,mit for Z~ ~ s~4th~n t:~blic rights-of-way; Aa . .' ..: ' WH2EREAS, Colli~ County Ordinance. Number 93-64 is intended to esaabl~sh · ~¢t ofsta.ndards 3.'/ to'r~14.nnd require consists-ney ~ quality of wc~'~.rnans~p ~,6 ~ .Rights-of-Way; and ·" '(~-~EREAS, Collier County Ordinance Number 93-64 r~oBnizes tl~t cc·dh pcrmh ~,t .'.. ~41o~d by resolution of Collier County to defray thc County's cost ofpermilting work within public · .: j. W'r~P~,AS, s~id costs are to be paid throush permit f~cs by or on bch,,Ifof each appli~nt w~,o 23' I~ucsl$ to perform worl; whhin any public right-of-way; ·,id 2e · .,'~ W]4"EREAS, existing pen-nh Fees w~rc cslabli~hed by Collier County Resolution Number 93- 26 ' · WHEREAS. · pcrmlt fcc nccds to' l~: csl:~blishcd For spcclal cvcnls sig~s ms defined in Seclion :t~ · ~.'$.:S.2.].9.~ oFthe L~nd Dcvclopmenl Code nnd loc·It'd wilhi, public ril/,hls-oF-w,y to ofi'r~: 11~¢ c.~s 16 ~g. uh~d by'Collier Coul:ly. i~ ;.... x"NOW, TIIEREFORE BE IT RESOLVED, BY TI IE UOARD OF COUNTY 1~ · ~:~S!ONffRS o£Ool!ier County, Florid~ thai: .'~ · · A no~l~rcfundablc fi.'u for l~:fittlng sl~iul crc, is Silt, ns wlthl, public rllihls-of-w·y ... ~ ."lhe',m~un! o1'$75.00 $~11 be du: ~,,d pny~ble u~on ,~pplic~l~on of pa~niL '.] x · "' '.. A ~efimd~blc dct:ofit in ~hc ~moum of $2S.00 for the flrsl fil/,n ~.~ $$.O0 for ~ch .i'-. · '-~a'k~fion~l si~n sh,~l be due ·nd p,y~ble upo~ ~ppli~tion ofp-~rmi~ Io ' ~. ~t~ns by ·l:plic~m within..~ d·ys after event. Failu~ lo ;omply will rorfdl del-,osit. ,"!~'~." "3~s Re.i/olu~ion shall I.x~om~: cfl'c~tiv~; imnv~ia;cly UlXm i~s $ ? 10 11 12 14 15 1'/ J9 21 22 24 25 This Resolution adopted ~(lcr motion, second ~nd maiority vole Favoring Ibc lame. DATED: ATTF.~: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM~ISStON~RS COLLIER COUNT~, FL,OP~DA BY: TIMOTHY L. HANCOCK. CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I{EIDI~AR[ITON A.~.~I,~'I'ANT ('f}l I~I'Y A'I'I'IIRNI~Y $1G~ RF. MOVAL FI~ RF. SOCUT10~md -2- UA¥ 2 0 t997 j EXECUTIVE SUMMARY CONSIDERATION BY THE BOARD OF COUNTY COMMISSlOI',~ERS OF A REQUEST TO ALLOW FOR A LATE FILING OF A COMPREHENSIVE PLAN AMENDMENT. OBJECTIVE: To consider, a request by a property owner to file a petition to amend the Comprehensive Plan after the filing date has pass.sd. CONSIDERATIONS: The Bosrd ol= County Commissioners has established a proced~u,"e to provide for annual amendments to the Comprehensive Plan (Resolution # 91-521 ) which includes a deadline for amendments by the public to be submitted by 5:00 p.m. of the foud, h Friday in March (March 28, 1997). This request was received by the Board of County Commissioners on April 29, 1997. The purpose of the proposed amendment to the Comprehensive Plan is to allow for an Industrial Designation in the Agricultural/Rural Designation to accommodate heavy industrial uses such as, concrete products manufacture, ready-mix concrete and asphalt plants, fuel storage facilities, material recycling and processing, for property located ¼ mile south of Immokalee Road and one mile east of CR 951, ,~Jon 25,Township 48 South, Range 26. The intent 13 to amend the Plan to include an Indus*rial designation on the Futura Land Use Map and to file for a rezonlng to Industrial PUD which would include development standards, buffers,.screening and related development criteria to mit]gate adverse impacts on surrounding properties. If the BCC approves the late filing of this petition, it could be included in the 1997 cycle, with final public hearings scheduled for early 1998. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: This request, if approved by the BCC, would include another ameildmen~ to the Comprehensive Plan for the 1997/1998 cycle. RECOMME~.IDATION: That the Board of County Commissioners provide direction regarding thls request fo~' a Compmhens!ve P!ar~ amendment subsequent to the filing deadline. Barbara A. Cacchione, AlCP ~_.~._.m. prohensive Plannigg Men.ag.er/.,, Donald W. Arnold, AICP ~lricent A. C~utero, Administrator CommtJnA¥ DeveJopment & Environrnental Sol-vices Division 04/29/1997 16:05 7743G02 BO3 PA~ 02 N~. "'""~" ~ ~. 't ~'.',:~ ;;~'¢ .:,~.~.;~,~...~''. .... 4500 Executive Dfl~,e, ·SUite 300/Naples, FL 33999/(813) 597-9061 / Fax (813) 597-5167 Board of Collier County Commi~lo~er~ CoIBer County Goyjrnm~n[ C,e~ter ~301 Ea.,t Tamiaml Tra~ Naples, Florida :~4 1 12. R,E: Grow',J~ Management Plan Amendment Dear Comml~loner~, For some time I have been litYlng ~edou~ consideration to undertakL~ development of a new ind~ut~bl par'f... The padc would be located outside the ex~dng Urban and Urbanb~ng area, so as to serve aJ a proper location for many of ne exL~dng heavy buslre~ and Industrial operadoru now located in more central urban areas, aa ~YcJl as f~tu. re btutne~s and industrial operatlor~ of a sknlL~r nature. The r'~lor~le Is r~at although contr'a<zor~ yard, conc~te products manufac:ure, ready-mlx concrete and asphalt plants, Iud .storage "~adiitJe~, material recycling and processing and ~lmllar ~ are ail nece~a[y to the communlty'~ the commun!ty Is better ~ewed IF these heavy b~s.h~es~ and Industrial operatiom are located on the edle or the urban area rather r. Aan in It~ center. Accordinjly, I.have Ix. gu, the proce~ of ~s~mbflng lands In a location which I belA, ye to be rivorabt~ for the estabitsiunent of a buJIne~s and lndu~tr'e.: ~.'~rk to accommodate the. above, type of tries. The location is ore- quarter mile south or Immok3lee Hlgh~.~y, one mile east of Sk-95 I. The more mcclflc location l~ d~e south hal,'of the northwest quarteG and the north haft or d~e southwest quarter, of Section 25, Township 48 South, Range 2.6 Ease, Collier County, Florida. Thl~ Iocadoo lies adjacent and Immed]at~]7 east of the Urban residential ~boundarf as e~ublbhed by rJ~e County's Future Land LL<e hhp. lily inm-"~lon ~ to eJtabRsh a ~ianned unit development [ndu~utar I~rk In whic~ contemporary, development -<talidar~, bufl'et~, ~cree~dng, and related development CTiteda ensure that the community'S needed heavy buslncss and Ind~ucrial actlvtded can be appi-oprtately ba~ed while guarding agait~t adwne effeoJ on surmundlr~ land County st~ff addse~ that establishment of an Industrial PUD zocdr~ dIstrict in the described area would r~/ulre an arnencLmem to ~e Future Land Use lvlap. Stall' also adv~e3 that the a~mual cycle for appl'/b~ m amtmd the Land Use H~p has a ~ecendy pz~ed lvtarch deadllc,~ and that sutx~l~lon o( an applka~ to amend ~he ~ Use ~ ar:er the blard~ deaclUne requir~ approval of If~ Board of ~t7 Commisdore~ Accordln~, ! re<Tuest your approv'al to prepare and submit an. application to arn~nc[ .the Com~ Future I~nd Use Iv'ap ,u desog~,cl 'above,, In o~der that ~e appllcztlon c~n be ptece~sed a~ ,1 pa~t of ~ 1 ~97 cfde. Il 7'ou Irant ~ bm f~ng aud~.orl~tio,, ~ wlfi'ako IpJQate wo~ on th, companlon [ndmlda[ PUD ~pplc~tk~ and ml tile it in order u~at t~-~ ~'o applications c~n b~ proce~ed slmu~neomly. I look for.~rd to you:' 0 RE.cOi,UT£OII ~L-52] ~EQUXREHE~S AND P~OCEOU~£S FOR qovernments to prepare and adopt a Comprehensive Plan; and WlIER£AS, t~e Board o~ County Commissioners adopted Collier County Grovth Management Plan cn ~anuary lO, lge9; and WM£PEAS, the Local Government Comprehensive Planning and seq., rtori.Ja Statutes) mandates certain procedures to amend adopted Grog'th Eanagement Plans (Section 163.3184 amd Section Aj~endments (Collier County ae~olutioD ~9-1~, adopted 8,1989); and WHEREAS, t~; O,partment of Community Affairs has Collier County that the addition o[ future fiscal years projects to the Capital Improvement Element of the Growth Mar. agement Plan ~ust be accomplished through the ~lan amendment process as defined in Chapter 1~3.]~7, Florida Statutes; and WI[E?~S, certain capital improvement pro~ects from the Growth ;~anage,~ent ~lan are included in the County's Tentative Annual Budget on a yearly basis;'and ~Kt~S, fo~ purposes of convenience and expediency it necessary to a~end the capital Improvement Element and'the schedule of projects in the Element in conjunction with the adoption of the Count~'~ Tentative Annual Budget for each new fiscal fear; wHEFEAg, in order to provide adequate notice, it i~ nec.~ss~; .' to set forth th~ requirements, and pcocedur~ to be (olio~d i'y peti.:~one~, the ~eneral ~ublic sod Coil[er County in ~cm(.~Rsi~.. amendments to ~he Coll. i~r County Growth Manag~ .'n: Plan consistent uith th~ r~uiraments o: the IlOW, TIIEREFORE. BE ET RESOLVED BY TIlE ~OARD OF COUNTY COMMISSIONERS OF COLLIER COUIITY0 FLORIDA. thor: The [ollow[ng requirements and procedures shall be followed before an amendment to the Collier County Growth Management Plan shal! occur: The general requirements to initiate an aaendment to the ColE[er CotHity Growth Hanaqement Plan or one of [t~ ~[emel~ts are as foZlo~s: 1. An amendment may be proposed by the Board of County Comaiss[onets (Bce), ~he Collier County Planning Commission (CCPC) ~esignated as the Local Planning Agency pursuant to Chapter 163.3174, Florida Statutes, any department or agency of the County, or any person other than those listed above provided, however, that no such person shall propose an amendment for a land use designation change for property ~hich he or she does not own (except as an agent or attorney for the owner). 2. The procedures provided herein shall apply to all growth managemen: plan amendments. Amendments Legend the yearly plan amendment cycle established by the Board of County Com=iss[oners shall comply rich the procedures established herein. :n addition, ~he use of a second yearly plan amendment as prescribed in Section 163.~187(1), Florida Statotes shall follow the procedure except for filing dates and public hearing dates for final adoption. 3. All Growth Management Plan amendments will be reviewed in one cycle starting on the fourth Friday In March, annually. Proposed amendments sub~[tted after that date will not be considered until the following review cycle. The Amend=emi process including staff review, state and regional review and local public hearings ~llX take approximately 12 months to complete. 4. All required copies of the application to amend the Collier County Growth Management Plan and supporting documentation along with a filing fee of $2,1OO for each requested change and/or amendment must be submitted to the Community Development Division prior to 5:OOp.m. of the fourth Friday In March. For each application to amend the Collier County Growth Management Plan Future Land Use Map, a minimum filing fee of  $2,100 for each requested change plus a fee of $30 per acre for each affected acre in tbs application must be submitt&d to the Co--unity Development Division prior .to ~:00p.s,. On the fourth Friday in March. (Arplication fees for changes In the Grov~h Management Plan Future ~,an~ Use Ma~ filed simultaneously with an Application Development Approval (ADA) uhich is par: of %he Development of Rag[cna[ [mpac% (DR[) process she[[ be ~a[ved). The Community Development - 2 - Division viii be the respon=ibte agency for processing the appllcati6n and preparing · recommendation. The term #st·fi" shall refer to the staff of the Community Development Division and .any other pertinent County staff from other Divisions. Crovth Hanagement Plan amendments directly related to proposed snail scale developoent activities ~ay be approved vithout regard to statutory limits on the frequency of cons[derltiO, of amendments to the Crovth Hanage~ant Plan provided all of the conditions are met as let fo~th in Section Florid· Statutes The procedure to amend the Collier County Crovth Hanagemant Plan or one of its elenents is as follovs: I. A pre-application conference shall occur betroth ~ha petitioner, the Co--unity Developneflt Division and other appropriate county staff to ensure that tha procedure set out herein is understood and adhered to. 2. Staff ih&Il per[or~ an initial reviev of the proposed amendment application to daternlne vhecher additional lnfornation is necessary to enable staf~ to conduct a formal reviev end vhether other amendments o~ the Gro~rth ~ana~eDent Plan vlll be necessary to preserve the internal consistency of the Plan. ~lthin 30 calendar days follovlng the filing deadline the stiff shall notify the petitioner, In ~riting that: (a) the s~aff has deter·lead that the petition ia adequate for low-cal farley; or (b) the petition is inadequate ~or fo~al and the notice shall se~ forth in detail the additional info.arian dee·ed necessary fo~el revieu o[ the petition. ~. The p~titioner shall have ~0 calendar days to supplement the application in response ~o the 4. Co~nty sta~ shall revie~ the applic~tion and consult vith oth~r County Pepar[a~nts or · =end·eat. ,ithin 75 calendar days, sta(~ shall prepar~ a report vith a preli=in~ry -r,co~sndatlon and shall ad~,r~is, the ~or a public hearing to bs schedule~ ~or first CCPC meeting Eollovin9 said ?S day 5. The CCPC shall hold an ·dyer=lead public hearing ~i:h ~us public notice ~s ge:lned by Chap:er Florida Statutes, during vhich atari viii present th, i~ revie~ and ~k~ · preliainary rice--end·tiaa to th~ COPt. All parties may appear and b& hear~. Written COde,ts of the general public filed vith the Co,unity Development DLvision rill b~ considered at the publLc hearing, tailoring ~he CCPC public he,ring, the proposed amendment shall be Eorvacded to the BCC vith reco~enda:ion o[ the CCPC. - 3 - MAY 0 1997 Oil or aa{ore October I. annually, but after the C¢g¢ public he~ri~ on suc~ a.end.ents have been held. the BCC shall hold an advertised public hearing on the proposed &mendment during vhich the .staff review and preliminlry recouendation, and any recommendation made by the CCP¢ shall be presented. The public hearing shill be held on a ~eekday approximately ? days after the ~lrst advertisement ls published. The intention o~ the aCC to hold and advertise i second public hearing to consider the adoption o~ the proposed amendment shall be announced. All interested cor~ents filed with the Community Development Division will be considered at the public heating. Following the aCC public hearing, the copi~s o~ ~he proposed amend~en~ to the state la~. Upon receipt of the pwoposed GraPh ~anaqe~ent chi regional planning council and other pu~suan~ to Section 16].3184, Florida SCa~utes. along ~ith may objection= and any reco~e~ation= lot modiEic~tion~. ~iChin 60 days o~ receipt o~ the review co.eats lrc~ the state land planning agency, annually, th~ CCPC shall conduct a public hearing to make reco~ndations to the aCC regarding the adoption th~ amendment. The BCC shall conduct a public hearing no later than the ~eco~ ~esday In ~arch, annually, to consider the ~eco~endations Irc~ the CCPC. At that tim~, the SCC shall adopt th~ emergent, adopt the a~endment with changes, or determine that it will not adopt the a=endment. On or belore the second ~esday In ~arch, annually, the BCC shall hold its secon~ public hearing regarding the proposed amendment during ~hich the final start review and reco~endation, the CCPC reco~endation, state and regional re~iev co.eats and public co~ent ~iil ~ presented. The public hesrir,9 shall be held on a ~eekday approximately 5 days after the a5vartisemsnt is published. The aCC shall then ad:pt, adopt with modifications or deny the Frcpossd amendment. Adoption oi an m~en~ment to the Growth Management Plan ~usk be by ordinance and shall r~quire four afiir~ative votes al the Ecerd of County Co~issioners. The a~opted amendment ~o the Growth Manmge~=nt re,unity Affairs within five (~) vcrki~ days am=er adoption. The DCA will not ~e a ~or~al determination al co~plianc~ as defined in ~l~tec has adopted a comprehensive plan pursuant to Statutes (1987). - ( - 0 C. This Resolution supersedes an:i repeals Resolution 89-199 relar. ~nq to prior Gro--~h Naniqemen~ Plan This Resotu~Lon ndopCed a[ter motion, second and ro11 call voC~l~ AT'['£ST: "" · J~t£S C. '~L£S, Cr.£~J~ *., o $ - ~AY 2 0 1997'-"1 EXECUTIVE SUMMARY ADOPT A RKSOLUTION TO SET 'ITIE DATE, TIMF.., AND PLACE FOR THE PUBLIC HEARING ON THE PRELII~OJIARY ASSKSSMENT ROLL (NON-AD VALOREM ASSESSMENT ROLL) FOR THR NAPLES PARK AREA DRAINAGE II~iPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT. ~)~lYld. That the Board of Collier County Commissioners adopt a Resolution fixing the date, time and place, for a Public Hearing regardkng the preliminary asses.re)ant roll (non-ad valorem ~ent roll) for ¢~e construction of the assessable stormwater improvements within the Naples Park Area. CONSlDgtt3_IION On July 16, 1996 the Board of'County Commissioners er, acted Resolution No. 96- 312 ordering the construction of the Naples Park Are~ Draiimge Improvements Special Assessment District. The BCC held a Public Hearing on September 3, 1996 on the tentative assessment roll and adopted Resolution No. 96.4,02 approving be plans, specifications, estimated costs and tentative assessment roll. Subsequently, the County issued the Notice to Proceed to the contractor. 3. Construction of the assessable stormwater improvements has been completed. A public heohng is required to be held by the Board of Commissioner~ on the preliminary assessment roll before the special assessments can be levied on the properties. 'l~e project was ~mpleted on time and under budget. Project costs came in $213,891 under budget. Becau.~ of the favorable cost of bank placement, finance related co.~ are expected to be as much as $1,18,000 under budget. As an ~dded savings, bank placement will not require, a bond reserve orig~ally expected to be $237,500. Final fin~*.,',ci~g c~;::ts will nt~t be. known un[il a lender is selezt~ ed and the loan is made. G: \ORDIN~.}JL~ NAPLES PAR~. At fids poknt pre, perry ownea: have two ~a~t al~fiv~. ~e ~ alternative is to ~y the ~11 ~o~t of fire ~sesamenI M~ 30 ~ya of ~ee{~ng ~e as~ssment bill. T~ ~.temafive avoi~ long tern int~t ~d avmu~ mll~tion m~. ~e oth~ alteraatlve is to pay ~e v. ssea~meni over fiffe~ (15) y~. ~ia ~tmative includes long t~n fntem~ (not to cx~d 8%) z, nd ~ll~on mm. Bo'ah alte~fivea m ad~s~ in the ~smeat mti (non-ad wlor~a ~ent mli) ~d ~e Notice of }~bHc He~ng~ S~e/fie ca~s by calegory ~ ~ovldM in 8~Ichement A. (qhY 2 O 1997 FISCAL IMPACT: All costs for mailing and publishing the Notice of Public Hearing is part of the assessable project costs. Naples Park Drainage Project fiscal impacts are discussed above and in attachment B. 'me cobra of mailing md tasblishing total .~,000. Funds a.-~ available in the Sto~m~ater Capital ~ (325),Naples Park Drair~ Project. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners adopt the attached Resolution fixing the: Date: June 24, 1997 Time: 9 a.m. Place: Board of County Commissioners Chambers Collier County Government Center, 330I E. Tamiami Trail, Naples, Florida 34112 to hold a public hearing regarding the preliminary assessment toll (non-ad valorem assessment roll) for the construction of the assessable stomawater improvements within the Naples Park Area: It is also recommended that the Board of County Conunissioners direct staffto have the notice, as contained in the Rest 'ution, published in the newspaper and to have each of the property owners, as contained in the preliminary assessment roll, notified of the Public Hearing by first class U.S. Mail at least 20 days prior to the Public Hearing, pursuant to Section 197.3632, Florida Statutes. Ann Marie Saylor, Admifiijrtrative Assistant II REVIEWED B .~ ~ ~d,/~d Nf/~m'~, Public Works Operations Director REVIEWED B'f[~~~'"-?r~q'.Y, J6~n H. Bo!dr, P.E., P.L.S., Di.,eelor Stmzrnwater Management Department 7 APPROVED BY: -"/Ed II~hner' Pu%lic Works Admirdstx~tor MAY 2 l1 1997 N.~los Pnrk.xlsS/~? Naples Park Assessment Estimate attachamont A Total Assessment $ 3,074,142 De=~'iption Beac.,hwalk KJng~wood Pavilion C~ub Covent~/Square Pavilion Shop Pavilion Ten'aces Naples perk SVip Naples Park 915t & 92nd Lots Naples Park 8th St. lots Naples Park Lots Balance Full Payment Within 30 Days Percent of Construction Per Unit Original Units Total Cost Cost Notice 356 0.2% 4,919 14 16 4 0.1% 3,074 789 935 156 2.5% 75,938 487 541 9 0.3% g,531 1,059 1,247 I 7.7% 236,421 236,421 261,800 I 0.5% 15,679 15,679 17,340 89 11.3% 346,177 3,890 4,584 142 4.0% 124,206 877 1,038 104 3.7% 112,523 1,088 1,285 3,422 69.8% 2,145,~24 627 742 4283.6~71 100.0% 3,074,142 (166) (54) (1Sa) (25.379) (1,SSl) (695) (161) (2OO) Total Assessment & Finance = E-eachwalk Kingswood Pavilion Club Coventry Square Pavilion Shop Pavifion Terraces Naples park Stdp Naples Park 91st & 92nd LoI~ Naples Park 8th St. lots Naples Park Lots Balance Financing Over 15 Years $ 5,906,976 15 Year Percent of Constnx;tkm Per Unit Per year Units Total Cost Cost Cost 356 0.2% 9,452 26.55 $ 1.77 4 0.1% 5,908 1,476.89 $ 98.46 156 2.5% 145,916 935.36 $ 62.36 g 0.3% 18,313 2,034.82 $ 135.65 1 7.7% 454,291 454~90.80 $ 30,286.04 1 0.5% 30,129 30,128.51 S 2,0(~.57 89 11.3% 665,190 7,474.05 $ 498.27 142 4.0% 238,665 1,6<35.49 $ 112.37 104 3.7% 216,218 2,0~6.06 $ 139.07 3,422 69.8% 4,122,879 1,204.67 $ 80.31 4283.6671 100.0% 5,906,976 Page I FlAY 2 0 1997 RESOLUTION NO. 97- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 31 32 33 A RESOLUTION SETThNG THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE PRELIMINARY ASSESSMEIqT ROLL (NON-AD VALOREM ASSESSMENTS) [:OR THE NAPLES PARK AREA DRAINAGE iMPROVEMENTS WHEREAS, the Board of County Commis~ionen on July ! 8, 1995 adopted Colli~r County Ordinance No. 95-44, amending Ordinance No. 86-37, by providing the po::~oduro for the ]~9, and eolloction of the special ~n=nts ~thin the Naples Park Ar~a Drainage Improvement Mtmlcipal SaUce Ttxing ar~ Benefit Un{t; WHERF. AS, the Board of Gotmty Commissioners on July 16, 1996 adopted Resolutiou No. 96- 311 creating the Naples Park Area ~g¢ Improvements Municipal Service Benefit Unit and provides for the costs of the stormwater drainage improvements to be paid from special assessments to be levied agairm the benefited prolX-'nies within uae Unit; and WI-EE~, the Board of County Commir, sioner~ on July 16, 1996 adopted Resolution No. 96- 312 initiating a progr'~ for the purpose ofproviding stonnwaler drainage improvements within the Naples Park Area ~ge Improvements Municipal Service Benefit Unit; and WHEREAS, on S~.,iemher 3, 1996 the Board ofcou,~ty Commissioner'~ held · public hearing on the tentative a~sessrn~u and ~opied Resolution No. 96~02 ~pproving the plans, sp~iflcatio~, estimated costs and tentative assee, smen! roll for the N~les Park Area Drainage lmp~vetneuu Municipal Service Bet~efit Unit; plans and specificatior-,; md WHEREAS, Collier County Ordinance No. $6-37, ~s ~ ~1 Section 1970632, Florida Statures, r~quir~ a l~;btic he~r;a~g to be held to ~ the pretimiaxary a~:ssment roll (nou-ad valorem tsses.~ments) ,,gair~ the bemfit~:l prtx~rties a,M for the Ixa-poses of utilizing th: u:nifonn rae. hod of NOW, ~'ORE, BE IT R~LVED BY TH~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, St~.r,e~ S~.ion ! 97.3632, Fiodcaa Su,',,r',cs, Collier Conm~ ~e No. 86-37, as ~ and othe~ applicable provi~ of law. ~ I ti$ hca"e~ found m~ ~k'temOm~ th.~t the s,~a:,,A ,t~,cs..wn{~ flL~-ka ea~a:t~ iax',wn ,- "N,zple~ Park At~ Dr~i.~ge Impro,tem~ta Spo;M .~aetmmat District" is r~:eessary for ~..~=ssm~ .-off (n~-ad v~lo.=n ~ ro~) oft~ ~1 ix~j~c~ co~s for tl~ ~.ocmv~t=r ~ ~~u wimi. ~ Napi~ Park Are~ ~ ~ 5 7 9 10 13 14 15 17 19 2O ~3 24 ~ent Di$~c~ and as ~o the total assessmen! cos! betwec, n the County and each property owner of land with/n ~ Naples Pazk Ar~a Drainage Lmprovetn~nts Special Assessment Dira'ict r, hall be held on June :24, 1997, a~ 9:00 A.M., Collier County Board of County Commissione~' C~mbet~ ColLier County Govemmem Center, Administration Building, Th/rd Floor, 3301 Eas~ Tam/am/T~I, Naples, Florida 34112. The Board of County Co~'nissiona'~ will hear objections or,be o~mer~ of the propo-ties within the Na~l~ Pa~ Arum Drainage [rnprov~ments Spec/al ~z~ ~ or azr, esm-nen! mil). Thc Clerk ~all keep a r, xx)rd in which ab-Ii be km:n'txxi, m% the roqu~ ofm~ pa'~:)n, firm or corpor'afion having or cia/m/rig Io have an)' intert~ in any lot or parcel of lazxl within the District, the name md pos~ office ~ of such persou, firm or corpor~6on, togaber wi~ ~be brief description or desigmtion or.ch Io~ or parcel. The Clerk sh~l cause uhe notice clinch ~blic he.~'ing to be publish~l one time in the Naples Dally New~, newspaper published in Collier County and c/rculating in the Dis~ia, not les~ than twenty (20) days prior to sa.id date of~: ~ Notice or.ch pubLic hearing ~o cousider the adoption of the prelhnin,w7 assessment roll (non-ad valor=n assessment roll) shall also be mail~! by fu~t class mall ~o all the propet~ owna's on ~he pml/m/nm'y assessment roll (non-ad valorem assessment roll) ~t the add,r~s prov/ded for on r~icl mn ,~i:fl0.n_Ho_n,n Notice ofruch hearing shall be in ~bst~fially the following form: Notice is hereby givm th. at the Board of County Comm/srion~ of Col/Jer County, Florida, will me~ on Jtme 24, 1997, a~ 9:00 A.M. in the Board of County Comm/asioners Chambers, Coil/er County Government Center, Administn~on Building, ~ Floor, 3301 Eas~ Tamiam/Tm'l, Naples, Florida 34112, for the purpose o f hearing objectiot~ if ~ny, ofall inter~slocl petscms ~o the adoption o£the preliminary as.sessment roll (non-ad valon:m assessm~t roll) allocating the lo~ proj~--'t cos',.s for the construction of thc ~"/ormwater dt',dnage improvements wi~En uhe Napl~ Park A.-,;~a Dta/na~e Improvem~t~ Special .Assessment Di~;Wic! ~bJch comprises md includ~ ~x)se lmds d¢~crib,xl ~ follows and &pict~ on Ex. bit "A" ar.~h~ h~r~to and incorporated ~ 25 26 Ail those certa'ln Ir. ads i)~ng within por6om of Sectiom 28 and 33, Towrmhip 48 South, l~ng¢ 25 Eaz~ ColE~r County, Florida, and being further descn~ a~ follow% all of; 27 29 30 31 32 33 Unit No. I, Naples P~rk as rccord~ in Pla~ Book 1, Page 106 and; Su~i~ of Bl~k 1, ~t No. I, N~pl~ P~ ~z ~ ~ Pl~t ~k a, Pa~ 5 ~d; R~ ofB~ 4 & 5, U~I No. 1. N~ P~ ~ r~ ~ Plat ~k ~, Page 6 ~; Unit No. 2, Napl~ Pau~ as ro~rded in P:at Book 2, Page 107 and; Utdt No. 3, N~pl~ Padc ~ record-..d in Plat Book 3, Page $ and; Unit No. 4, Naples Pm'k as r:cordeA ~ Plm Book 3, Page 7 and; Ur~t No. 5, N~I~ P~ ~ ~o~d~ ~ Plat B~k 3, Page 14 ~d; U~t No. 6, N~t~ P~ m ~ ~ PI~ ~k 3, P~g~ 15 ~; Coventry Square a.,; recorded in Plat Book 23, Page 65-66; together with all those c.¢~ain lands lying within Section 33, Township 48 South, Range 2.5 East, being bounded on the; North by the South fight-of-way line o1'91 st Avenue; South by the North fight-oF-way line of Vandet'oilt Beach Road; F..~st by the West right-of-way lir'~ of U.S. 41, N. Tamim'ni Trail; West by the East right-of-way line o[' Vanderbilt Drive; A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or parcel ol'[a,qd to be ass~,sed is on file at the Clerk to Board's Office, Administr'ation Building, Fourth Floor, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, and in Ihe olTices o l'the County Stormwater Management Deparlment, Health and Community Set'vices Building, Third Floor, 330t East Tamiami Trail, Naples, Florida 34112. and is opo~ to Ihc inspection of thc public. All affected property owners have a right to appear and be he~d at the public hearing and to file written objections to thc adoption ora Resolution approving the preliminary assessment roll (non-ad vatormn a~scssment roll) wilh the Board within 20 days oi'this notice based upon the grounds that it contains items which can not be properly assessed against property, that the computation of the special ~sessment is incorrect, or there is a default or dcfo:t in the passage or character of the resolution, or the prelimina~J assessment (non-ad valorem assessment) is void or voidable in whole or part, or that it exceeds the power of the Board. At thc completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the preliminary assessment (non-ad valorem assessment) against an)' or all lots or parcels described therein or by canceling, increasing, or rcducing the same, according to the special benefits which the Boa~l decides each such lot or pat. el h~ received or will receive on account of such impmven~ents. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days wP.h a court of~m~pe~ent jurisdiction to secure relief. Tho Board will Ic~'y a special assessment (non-ad valorem ~ent) for the total proj~t cost of the construction of the stc, n'nwater drainage improvements consisting ot'tbe installation o1' stormwat~r pipt's in the vicinity of 91"/92~ Avenue North suad 8a StretL rehabilitating thc culve~t~ under Vil~xlerbilt Drive, s.'xl ~ improved aomwral~r dns:,nag~ outf~ll system into which runoff is discharged ~m all the lot= or p.~-o:Is of~y locked within the Naples P~'k A~ Drai~ge Improvements Special Ass:~s~ment District as descn'bed ~'ein. TI~ Io~1 as.,~ss,'~bl¢ project costs to be lev/.'.ed against the benefited ~iea wi~J~in thc N~ples Pr.~ A~ea Dr~inzgc Improvements Special Asser, mm~ Diurk:t or k~ or p~meLs of ptopezly oi?~wis~ r~ecially ben¢lRed tha'~by and dmign~ted on th~ Prelimin*o' Assesancnt Roll (r,on.ad valc~'m'n ~,sex;s:smenl roll), k:ss the County's portion, is $3,074~,142.46, I~sed on stomw,~a~er ru,mlT fa~-tors and ~qu~m Footage of e',,ch lot or p~,cel ofprope~y o¢ per unit for condominiums in direct propoMion to the benclit,~ received From the conslruction of thc pmjec! and thc stormwatcr runon'burdcn such properties impose on thc ovcrall stormwata- drainage system, i£paid within thirty (30) days From the adoption oFthe Resolution by the Board or County Commissioners approving thc Pmliminao, Assessment Roil. Thc total assr, sable project costs to be I~vled against the hencfhed properties within the Naples Park Area Drainage Improvements Special Assessment District or Iota or pa'c~ls oFpmper~y otha-wlse specially b~)cfiled thereby and d~ignated on thc Preliminary Assessmmt Roll *(non-ad valor~.'m ~scssmcnt roll), less thc County's portion, jsa total anmu~l no~ to exceed $5.906,976.08, ba.~cd on stom~watcr runolT r~:tor~ and ~lUam Footage or.ach lot or parccl ol'prol~Wly or per unit for condominiums in direct proportion to thc benefits rccciv~xt From thc conslmction project and the stormwata- runoff burden such pmpo"ti~ impose on the overall slormwala- drainage system, il'Iht total as.scssrnont For each lot or pamcl is no~ paid wilhln thirty (.30) days i'rom Iht date o£adopdon ol'tbe Preliminary Assessmenl Roll, but paid in annual in~tailm~nts a~ a non-ad valorem ~scssment on thc pml:)~-~ly tax bill ova' a pa-iod ofl'irtc,~n (15) years with an inlcrcs[ rate of one Percent (1%) above the long-term ~nancing, not to ~ceed eight pen:c-'at (8,0%) on the un.id pHncipal, The special asse=z, mmt tn<m-ad valorem ~sessmc.'nt ) shall he coll~{ed by thc Collia' County Tax Collector on the owna''s ad valorem lax bill pursuant Scclion 197.3632, Florida Stalutcs, i£1hc total assessment per lot or parcel is not paid in Full in Ibc thirty (30) day period commencing with the date ol'adoption ol'the Resolution appm¥ing thc Preliminary Assessment Roll. Failure Io pay the ST, ecial assessmml (non-ad valorcrn ns.~cssment) and your properly taxes will cause a lax certificate to be ~old Igainst the propel'fy which may result in a loss of lille to thc propc~y. Any person who decides to appeal a dccislon oFthe Boaxd will need a record ofthe proceoJings i'~'~laining thcrcto and therefore may need to ensure that a verbatim r~oord or'the proceedings is made, which r~cord includes IJ~c testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. }Lsd'ICC)Ct, CH A]RMA~",I DWI(3HT E. BROCK, CLERK By:/s/Mau,'"e~"~ Konyon D~uty Clerk (SEAL) ~:~tion Flyt, Thc Clerk is ha-~by ordered ~nd directed 1o spread this R~xolulion in full (he mlnules of this meeting for permanent record in I~s o~fic¢. ~tou~jZ. This Resolution s~all be~ne (lTective immediately upon its p~sage. Th, is Re;tolution adopted th/s motion, atr, ond and majority vote. A'ITEST: DWIGHT E. BROCK, CLERK day of .. _., 1997, after BOARD OF COUNTY COM2VflSSIO~ COLLIER COUNTY, FLORIDA Approved ~s to form snd legal s,.t~ci~. David C. Wd~l County Attorney BY: TIMOTHY L. HANCOCK, CHAIRMAN NAPL£S PARK D~AINAO£ PRO)£CT AEEA .......... Di'D}C,~TI:S )OUICDA,RY 01" PRO, q~'T F~X ECUTIVE SUMMARY REPORT ON RESULTS OF RADIO ROAD BEAUTIFICATION lViSTU SURVEY OBSECTIVE: That thc Board of County Commissioners consider thc results of the Radio Road Beautification survey and provide staffwith direction to develop a FY 98 budget for thc beautification project. C___Q~j;RATIONS:. Pursuant to Board direction, Public Wo~ has conducted a survey of the property owners within ',he R~dio Road Beautification MSTU. The survey questionnaire is provided as Attachment A. The overall response rate w~s approximately 40~. Of the re~xmdents, almost 63% are in favor of the project, 63% are in favor of an advisory board, and 53.8% are in favor of increasing the millage to 1 mill to complete the project in a 3 year time frame. Additionally, g9 respondents took this opporttufity to provide written comments. Two individuals have offered to serve on the proposed advisory committee. This information is provided as Attachment B. In order to initiate thim project, a budget for FY 98 will need to be developed so that the mil{age to ~pFort this MSTU may be ind,ded in the tentative budget released on July 15, 1997. In order to meet the deadline, staff needs BCC direction to proceed with budget development. The current Radio Road MSTU Ordinance provides for a milla~e not to exceed one-haft a mill per year. Under this millage cap the construction of the improvements will take 6 or 7 year~ to fund and complete. If the millage cap is increased and 1 mill per year is levied, the project can be funded and completed in 3 years. Following the construction phase the millage levy would be reduced to the level required for ongoing maintenance. Approximately 63% of respondents agreed to increasing the millage from one-half to I mill. Changing the millage cap will require amending the Ordinance. If the millage increase is to be accomplished, the Board should direct st~f to prepare the appropriate Ordinance amendment. The current Radio Road MS'I~ Ordinance does not provide for an advisory board. Approx;..m.~.tely 63% of respondents supported the creation of an advisory board. To create an advisory bo.~a'd the Bo;nd of C.o,.mty Co~n.'t~ioners will need to direct staff to prepare the appropriate Ordinance or Ordinan~ amendment. FISCA{'e/~i~.L0,.g~.....i The. proposed project includes a total of 3 miles of median improvements. The coat of~e improvements range from $495,000 lo $900,000 depending on the type, quality and quantity of improvements ~.pp,'oved tbr construction. Annual re&in:chance, management and collection coats wit! ~ between $120,000 trod $I50,000. ]'be t, xable v~.l:se oDhe MSTU is estimated to b~ $$00,000,000. A one-half mill tax wot, id generat~ $250,000 per y~,m-. Under this ~nario construction would require approximately 6 year~ to fund. If I mill is levied it would generate ~pproximittely $500,000 per year and the project wo,dd be funded in 2 years whereupon ~e millage could b~ reduced to one- half mill or I~ss for maintenance. F:~.'xec SummL{~adloRoadES.doc ta, 2 0 19 7 Radio Road Execativc Summsry, Page 2 ~_I~ANAGEMENT IIV[PACT; None. That the Board direct staffto prepa~ a project budget for the FY 98 budget cycle, that the Board direct staff to take necessa~ steps to create an advisory board for the Radio Road MSTU, and that the Board dircc! s'taff to take necessary steps to increase the millage cap for the Radio Edward ~ 'N~nn, C~rations Director Dave Bobanick, Trt~nsportation Director Ed llsc,,~er?Pub-iic Works Division Adminis~raJ~r' · F:kEx~c Summ~ILsdioRoacLF. S.do¢ ?_,,.z._ ! ur ve$- tl ue iit nn;lire On December 17, 1996, the Board of County Commissioners approved Emergeno' Ordinance No. 96-84 creating the Radio Road Beautification Municipal Service Taring Unit (M.S.T.U.) with a tax levy of one-half mill or less peryear. Allproperty owners within this area are asked to take a moment and answer the following questions by marking itt the appropriate space providedand returning said survey. Please note: proper folding will retttrn this survey to the appropriate address and department (postage is prepaid). In order to seal this survey, please use tape; the post office will not process if stapled. Question #1 Do you support the Board of County ~l~iCommissioners' action to create a Radio Road Beautification M.S.T.U. to provide for the design, construction and maintenance of median landscape improvements within the road right-of- way, such as p!antings, irrigation facilities, curbing and accent lighting, for that portion of Radio Road lying between Airport/Pulling Road (County Road 31) and Santa Barbara Boulevard, being approxima*.ely three (3) miles in length.'? YES NO Question #2 In order to mc, et the requirements of the M.S.T.U., shall the Board of County Comtnissioners designate a Beautification Advisory Committee composed of residents being registered voters from within the Radio Road Beautification M.S.T.U. boundaries, with advisory author/ty to make recommendatior~ ma th~ financial affairs of t~-..- M.S.T.U. and other chities ts may be assigned from time to time by the Bom"d of County Commissione.-s? YES NO Question #3 Do you support a one tl .0) mill levy for the fa'st two (2) years in order to expedite the commenctraer~d completion of the improvements and then at such time revert back to the one-half (.$) or less millage as currently set forth in Ordinance #96.84 to provide for present and future maintenance services and other miscellaneous approx ed expenditure7 YES NO. Survey must be returned on or before mi! MEMORANDUM Date: May7, 1997 IBI To: ~ From: Ann Marie Saylor, Administrative Assistant II Public Work's Division Subject: RADIO ROAD BEAUTIFICATION MSTU - SURVEY RESULTS Attached please find the survey results for the Radio Road Beautif'mation MSTU mailing. A 40.2% response is ve~/favorable. Please note that few commercial entities responded to the survey. Cc: Ed Ilschner, Public Works Administrator Dave Bobanic. k, Acting Transportation Director Vr~l Prince, Project Engineer, Transpodafion Dept. ,,0 RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT SURVEY RESULTS 4,589 Net Surveys Mailed 1,845 Survey Response~ Received 40.2% Survey Re~ponse~ 1160 In Favor of Beautification Program _6~ Against Beautification Program 1845 (62.9%) (37.1%] 1164 In Favor of Advisory Board 645 Agminst Advisory Board 36 No Response 1845 (6y1%) (1.~) 100~ 992 In Favor of 1.0 Millage 834 Against 1.0 Millage .._1~. No Respon~ 1845 (53.8%) IL DIO ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT SL VE¥ RESULTS ~ lqUMBER OF RI:~qPONSE$ Budget from General Funds 20 Taxes too High 13 Use Funds Spent on Tourist Attractions 1 6 Millage - ~ rate okay 2 Millage - 1/3 rate okay Continue 1 mill until f'mish~d 1 Spend money on Traffic Lights (Radio Rd. & Devonshire) 3 Spend money on Traffic Lights (Radio Rd. & Countryside) 1 Road will need 6 lanes before completion of Beautification 3 4 Agree to level 1 Landscaping 2 Plant Wildflowen & Native Plants 4 Not necessary 1 Waste of Money Need more information to respond 2 Information not consistent 1 Clean-up Junkyard before Beautification 11 Unsafe - Cuta Visibility 8 Change name of Radio Road l Want Davis Blvd. Beautification 1 Want Rattlesnake Hammock Beautification 1 Want Santa Bzrbara Blvd. Beautification ~ Total Number of Comments 89 Leona Hyland 242 St. ]~me, Way Naples, Fl. 34104 James Middleton 109 Jan Drive N,.ples, Fl. 34104 643-00!8 EXECUTIVE SUMMARY AGREEMENT WITH THE CITY OF NAPLES TO FUND FIFTY PERCENI' CONSTRUCT AN ADDITIONAL PARKING AREA AT LOWDERMILK PARK FOR RESIDENTS WITH BEACH PARKING STICKERS. Objective: That thc Board of County Commissioners approve the Interlocal Agreement for City-County Beach Parking and enter into an agreement with the City of Naples to fund fifty perccnt of the cos-ts to construct an additional parking area at Lowdermilk Park for residents with beach parking stickers. Consideration: Smffmet with a City r,zpresentative in r~gards to the City / County beach parking issue at Lowdermilk Park. Currently City officials are concerned that their residents are experiencing difficulties finding parkh~g spaces with the growth in County population. The meeting produced four possible options: 1) Create fifty new parking spaces on the south side of the Park in a green space area not widely utilized. Only Count'//City permitted vehicles would be allowed use; 2) Eliminate the meters on the th/rd and forth rows of the parking lot and reserve spaces for County / City permitted vehicles; 3) Create rift)' new parking spaces on the south side of the Park reserved for City pennined vehicles only. 4) Leave the Park status quo. County and City Staff reviewed these options and recommend solution #1 with the City and the County funding fifty percent of the costs to construct the additional parking. Fiscal Impact: Cos', of the project not to exceed $25,000.00 based on $1,000.00 per parking xpace. Money would be paid from F',md 345 rese.wes. Growth M~nagement: Lowdermilk Park is compatible with Collier County Comprehensive Plan. Recommendation: That the Board of Counly Commissioners approve the Interlocal Agreement for City- Coun~ Beach Pa:king and enter into an agreement ~:Ath the City of Naples to fund fifty percent of lhe cos'ts to construct an additional parking area at Lowdermilk Park for residents with beach parking s-tickers. .~hn Dmmuck, Operatiotm Coordirmtor Dep~'tment of Parks and Recreation y,d/ 7 Department of P~ks at~q~ecrtation Date:~'/J'- Reviewed and Appr°ved bY ::~~l~ --C~'-~ r Thomas W. Olliff, A~to Division of Public Services INTERLOCAL AGREEMENT FOR CITY-COUNTY BEACH PARKING THIS AGREEMENT, made and entered into this day of 1997, by and between the CITY OF NAPLES, a municipal corporation, hereinafter called "City" and COLLIER COUNTY, hereinafter called "County", to provide for the maintenance and operation of the beach areas and related parking sites within the City of Naples and to provide for the County to pay a portion of the expenses to provide for beach maintenance and free parking for Collier County residents. WITNESSETH: WHEREAS, the City has built and maintained the beach area and related parking sites; and WHEREAS, the County desires to provide for continued free parking for all County residents at the beach area and related parking sites within the City. NOW THERE, in consideration of the mutual covenants contained herein, the pa~r~ies hereby agree as follows: 1. A certain number of parking spaces at each beach end will be reserved for permh parking and will not be metered. 2. ~I~e City and the County have implemented a reciprocal beach parking program whereby all residents of Collier County may obtain, at no charge, a beach parking sticker valid for fi'ce paring at any County beach parking location and at any City beach parking location. The City agrees to maintain a program to distribute beach parking stickers to all County residents at no charge. County agrees to supply City with beach parking s'cickers for distribution at no charge to City. 3. The City will operate a beach patrol and maintenance program to provide for beach and beach par~'dng regulation enforcement; beach and beach parking cleanup and beach and beach parking maintenance. 4. Al! expenses and revenues for the beach and beach parking program will be accounted for as separate funds of the City in accordance with generally accepted accounting principles. 5. In return for free parking permits, regardless of the number issued to County residents, and for beach maintenance services by the City, as described in Paragraph three of this agreement, the County shall remit an annual payment to the City. The payment amount for Fiscal Year 1997-1998, beginning October 1, 1997 and ending September 30, 1998, shall be in the amount of $163,856.63 plus the change in Consumer pries, Index I HAY2 01997 (CPI) from October 1, 1996 to September 30, 1997. For Fiscal Years 1999 and 2000, County shall pay to the City the mount of the Fiscal Year 1997-1998 payment plus the amount of the annual change in the CPI for each of the two years, measured by the 12 month change in the unadjusted CPI October through September annually. 6. One-half of the amount payment due shall be paid to the City not later than November I ofeach fiscal year. The remaining one-half shall be paid not later lhan May 1 of each fiscal year. 7. City shall provide annual budgets and annual financial reports to County each year as soon as reasonable after publication. 8. Either party may terminate this agreement for either the second or third year, Fiscal Year 1998-99 or Fiscal Year 1999-2000, with written notification at least ninety days prior to the start of the Fiscal Year. IN WITNESS WHEREOF, the parties have set their hands and seals this m 1886, day of ATTEST: D'9,qGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: O Timothy L. Hancock, Chairman Approved as to form and legal sufficiency' Thomas C. Palmer Assistant County Attorney ATTEST: Tara Nom~an, City Clerk CITY OF NAPLES BY: Bill Barnett, Mayor Approved as to form and legality by: BY: City Attorney ]~XECUTiVE SUMMARY KECOMMENDATION TO APPROVE RESOLUTION RATIFYING AND APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES INCURRED IN THi{ RECRUI~ AND RELOCATION PROCESS FOR THE POSITION OF PUBLIC WORKS ADMINISTRATOR, AS SERVING A VALID PUBLIC PURPOSE. OBJECTIVE: To approve the Resolution ratifying and approving the expenditure of County funds for specific expenditures incurred in the recruitment and relocation process for the position of Public Works Administrator, as serving a valid public purpose. CONSIDERATIONS: On April 22, 1997 the BCC ratified the hiring ofEdgar Ilsclmer as Public Works Administrator. Mr. Ilschner began working for Collier County on April 28, 1997. Mr. Ilschner has incurred expenses of $814.75 during a house hunting trip with his wife. Because the wording of the current Human Resources Relocation Policy states "one overnight house hunting trip for the employee" thc Clerk of Courts Finance Department needs BCC authorization to include the expenses of the wife, and to pay for more than one single night's stay. The Clerk interprets the policy to be limited to one night only and for employee only. The intent of the policy is to allow one house hunting trip, which can cover several days and not be limited to one night. The intent, ,lso, is to include the expenses of the family and not limit it to the employee only. The policy is ~ing rc-~,~i~en to avoid any misunderst~ding in the future. FISCAL IMPACT: 2'he fiscal impact related to approval of this request is in the m'nount of $825. Funds are available in Fund 408-210105 to cover this request. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board of Commissioners approve the Resolution. r,. Sthnon, SeniorHuman Resources Analyst RE.,V~WED B ~--~~-~/-~~~ATE' ~ /~ REVIEWED BY' DATE: Leo Ochs, Jr., Support Services AdmiNstrator Mike McNees, Interim County Manager · ".. MAY 2 0 15 7 P~F~OLUTION NO. ~7- A RESOLUTION APPROVING THE EX~ENDrl'URE OF COUNTY FUNDS FOR THE RECURI'I'MEHT AND MOVING EXI~ENSES OF THE PUBLlC WORJCS ADMINISTRATOR. WHEREAS, Sg~,ion 410 of thc Gounty's Hunum Rcsourc~ PoUcics md ~ rccogrtiz~ an ~llowanc~ for r~oc~ion to recruit drilled prof~,,~ion~l, mpgrvisory, md tectmicai and WHEREAS, the Board o£County Commis~ionm on April 22, 1997 r*~fi~ the orMr. Edgar llschnc~ u ~ County's Public Works ,~am!,,islntor, and 1997; and Tyler, Tex,,~ to N~plc~ Florida; ~ WHEREAS, the Board of County Corruniuioncr~ dccrn ii ~pmpriale ~ in ~ besl of thc public !o rcimbu, rs~ Edgar ll~hncr for his expenses and r~loe..~ion costs fi'om Tyler, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLfl'crY COMMiSSIONER. S OF COLLIER COUNTY, FLORIDA, th~: I) The expendii~,u-c of County funds in the rccruitm~t ~xt relocation ~ For Edgar llscl-acr as the County's Public Works Administrator in sccordance with ~ County's Human Resources Policies and Procedures ~ sci forth in Section 410 is hereby dcicrrnined to bc · wlid public purpose. 2) The e×penditure of an amount no! lo exc.~d $5,662.00, which is the ~tgv-l~nt o£one month's salay for the Public Works Administrator is hereby -pproved for rc~mb~cnt to Edgar I]$c,%ner, or to the moving vendors for r~location and moving cxpcnsc~ from Tyler, Tc".,a.~ to N~plcs, Florida. 3) Ail exl>cnsc~ m'~t be do;umented wis ~ctual receipts and Edgar lIscF, ncr r,,t~ll provid~ · signed ~nd ¢ompl~lcd Rcqucs! for Authorization of Relocation Expenses as r~quizcd in Section 410 of~¢ Cotmty"~ Hurna~ R~otu'ccs Policies and Procc, durez. T~Js Resolution adopted this day o£ ,1997, ~t~r motion, s~ond ~nd msjofity ATTEST: BOARD OF COUNTY COMMJ$$1ONER~ DWIGHT E. BROCK., CLERK COLLLF~R COUNTY, FLORfl3A Approved as to fon'n and legal sufficiency: Chief Assistant Court%, Attorney BY: TIMOTHY L. HANCOCK, CHAIRMAN AGENOA ITEM ' HAY 2 0 EXECLrlIVE SUMMARY RECOMMENDATION TO AMEND AGREENfENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND Y.M.C.A., FNC. REGARDING FUNDING WlTII TOURIb'T DEVELOI'ME;~f TAX FUNDS TO REMOVE TI~ REQUIRemENT TItAT EX,~ REVENUES BE REIMBURSED TO COLLIER COUNTY. To ~mcn, d the agreement betwe~ Collier County and the Marco Iai:md Y.M.C.A., Inc. CONSIDERATIONS: On February 11, 1997, the Board of County Commissioners nad the Marco Island Y.M.C.A., Inc. entered into an agreement caJlcd the Touri,,;m Grant Program Aclivifics Which Promote Toarif~ Agrccmen! for funding in the mount of $120,000.00 for the 1997 Marco Island Sports Fcatival. The Mm'co Idand Y.M.C./% Inc. baa roqucsted that Section 13, regarding the reimbursement of grant fimds, be deleted gince the Maxco Island Y.M.C.A. anticipates a profit from the event. All profits will be usea lo benefit the Y.M.C.A. Attached is a c~py of the proposed icncndmcat and the ofigi~..l agreement. FISCAL IMPACT: NON-E Gt~OhVTH MANAGEI~.'NT IMPACT: NON'E P, ECOM[b~.;NDATION: To approve thc amendment to the a/.reen~cnt and zutharize the chairman to execute- the same. Pr~,ared by: ,/ H~idi F. A~ton As:;.s~,~t Cmmty Altomc3, Date by: David C. Weig~l ~ Count, Attorney h:/c~.,,.thf&Z:Mxtc~'~ nimm~ry/M~r~o Island l:estivn! ^8~err~t Anmimmt Date AGENDA ITEM Z U FIRST AMENDMENT TO TOURISM GRANT PROGRAM ACTI~;ITIES ~HICH PRO~4~ TOUB/SM ~ THIS AGREEMENT is made and entered into this day of , 1997, by and between The Marco Island Y.M.C.A., Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the Marco island Y.M.C.A., Inc. entered into an agreement called the Tourist Grant Program Activities Which Promote Tourism Agreement dated February 11, 1997 (the "Agreement"); and WHEREAS, COUNTY and GP.%NTEE desire to amend said Agreement. WITNESSETH: NOW, THEREFORE, BASED UPON THE VALUABLE CONSIDERATION THE PARTIES AGREE AS FOLLOWS: 1. Section 13, REIMBURSEMENT OF GRANT, of the Agreement is hereby deleted in its entirety. 2. Except as provided herein, all other terms cf the Agreement remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman - I - AGENDA Ho. IA¥ 2 U WITNESSES: GRANTEE (1) The Marco Island Y.M.C.A., Inc. (2) By: Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney f:xew\1997 TI'AC Agrcerr~ts\ ~," Amend. Mi:~.o l,~lancl YMCA 2/11/1997 Printed/Typed Title (corporate seal) - 2 - ,oG. EN DA ITEM. TOURISM GRANT PROGRAM ACTMTIES W~ICH PROMOTE TOURIgM THIS AGREEMENT is made and entered into thio // day of , 1997, by and between The Marco Island ~, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, · political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY has adopted s Tourist Development Plan (hereinafter referred to es "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for activities and events intended to bring tourists to Collier County for the period between May through November each year, hereinafter referred to as "target period"; and WHEREAS, GRANTEE applied to the Tourist Development Council and the COUNTY for funds to provide a program/activity which will or has the potential to attract out-of-County visitors either as participants or spectators generating hotel/motel/campground room nights; and WHEREAS, the COUNTY desires to fund such program/activity. WITNESSETH: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: !. The above recitals are true and correct and ere incorporated herein. 2. SCOPE OF WORK: GRANTEE prepared a written detailed proposal outlining an event to be provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as "PROPOSAL." The PROPOSAL is attached hereto and incorporated herein as Exhibit "A", and the line item budget is attached as Exhibit "B". GRANTEE shall provide the event outlined in the PROPOSAL within the budgeted amount provided in the PROPOSAL. GRANTEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this- Agreement is ~ntered 'into by the GRANTEE and the COUNTY. 3. PAYMENT: The maximum amount to be paid under this Agreement shall be One Hundred Twenty Thousand Do).lars($120,000.00). The GRANTEE shall paid for expenditures incurred for the event upon submittal of an invoice. Pay~nent shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation whatsoever to make payments for goods or services in excess of, or not included in the PROPOSAL or to make payments using any source of f other than the Tourist Development Tax. Any payment made - 1 GRANT££ which ia later shown to be an unauthorized expenditure during the performance of the grant contrscc shall not be eligible for payment. Any expenditures which have been paid to the GRANTEE which are subsequently determined by the COUNTY to be ineligible expenditures shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the ineligibility of the e×penditure or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any remaining grant funds. The GRANTEE shall not be paid for any expenses incurred or obligations entered into by GRANTEE prior =o the effective date of this Agreement. 4. INSURANCE: GRANTEE ia required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must bs valid for the psriod of the promotion and the duration of the events, and be issued by & company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL I~JURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory 5. INDEMNIFICATION: The GRANTEE, in consideration of TEN DOLLAPS, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend COUNTY and its agents and employees from any and all suits and actions including attorney's fees and all costs of litigation and Judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subgrancee, or anyone directly or indirectly employed or authorizad to perform work by any of them. The Gk%NTEE's o~ligation under this provision shall no= be limited in any way' by the agreed upon Ag'reement price as shown in this Agreement or the GRANTEE's limi~ of, or lack of, sufficient insurance protection. 6. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GP~NTEE at the following address: Dave Rice, Sports Festival Director Marco Island YMCA 101 Sandhill Street Marco Island, FL 34145 - 2 - fdm 2 0 'i997 .5 All notices from the GgANTE£ to the COUNTY shall be in writing and dammed duly carved if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Building 3301 East Tamiami Trail Naples, Florida 34112 The G~ANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification. Ail notices under this Agreement must be in writing. 7. NO PARTNEKSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE or to constitute the GRANTEE ss an agent of the COUNTY. 8. TERMINATION: The COUNTY or the G~%NTEE may cancel this contract with or without cause on at least 30 days advance written notice of such termination and specifying the effective date thereof. If the COUNTY terminates this Agreement without cause, the County will pay the GRANTEE for all expenditures incurred up to,the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is determined that there was not ~ufficient cause for the COUNTY to terminate this Agreement, the GRANTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GRANTEE terminates this Agreement, GRANTEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEE prior to the event occurring. 9. GENERAL ACCOUNTING: GRANTEE is required to maintain complete an~ accurate accounting and event records and keep grant funds in a ~eparate checking account. An accounting which can be verified by the County in a form and substance approved by the Finance Department is due to the County Manager within ninety (90) days after the ev,nt which is scheduled for June 6-8, 1997. All revenue related to the event should be recorded, and all expenditures must be incurred within the contract period. GRANTEE is required to submit annual financial statements on the financial condition of the event, of the GRANTEE organization, and s special report on the receipts and expenditures of the grant related event within 60 days of the completion of the event. Failure to submit acceptable financial or special reports will result in the cessation of payments on all grant contracts the GRANTEE may have with the C~UNTY at the time, effective on the date the submissions become overdue. Under such circumstances, no further payments will be made the duration of contract periods and any payments already m~ - 3 - or AO E:H DA. IT,E~,~ ~e NO. - shall be subject, at the sols discretion of the COUNTY, to later return to the COUNTY if acceptable atatements and/or special reports are not submitted es required, or if the payments ere later ahown to not be properly matchsd. 10. TER.__~M: This Agreement shall become effective upon execution by both parties end shall remain effective for one year. 11. R__E~IRED NOTATION: All promotional literature and media advertising must prominently liar the Collier County Tourist Development Council as one of the sponsors. 12. INELIGIBLE EXPENDITURES: The following expenditures are ineligible and shall not be paid by grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-time staff. Employment of personnel not directly related to the activity or project. ~ Real property. d. Capital Improvements, including but not limited to new construction, renovation, restoration and ihstallation or replacement of fixtures. e. T~ngible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. f. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. g. Prize money, scholarships, awards, plaques, or certificates. h. Travel not associated directly with project. i. Projects which are restricted to private or exclusive participation except for invitational events which require a pregualification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. j. Private'entertainment, food or beverages except for 'invitational events which require a prequaliflcation of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. Making payments for goods or services purchased for previous or other events. 13. REIMBURSEMENT OF GRANT: In ~he event the revenues from the event or project received by the GRANTEE exceed the costs incurred by the GRANTEE in staging the event or proJec - 4 - then, the amounts eligible for grant payment shall be decreased by the excess revenues up to the full amount of the grant. 14. AMENDMENTS: Any changes in the event such as pro~ect dates, key participants, and budget xeviltons must be submitted first to the Tourist Development Council and then to the Board of County Co~lssioners for consideration, ~pproval and contract amendment by the Board, if applicable. IN WXTNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an suthorizad person or agent, hereunder set their hands and seals on the date and year first shows written. BOARD OF COUNTY COMM~SSXONE~S COLLIER COUNTY, FLORIDA BY:~MOTHY~./-I~Nd6C~; ChaX~n GP~ANTEE The Marco Island. Y.M.C.A., Inc. Approved as to form and legal sufficiency Heldi F. Ashton Assistant County Attorney (corporate seal) AGE~ MA'f 2-0 E 97 Pi .... % '- in 1997 Marco Island S ports Festival Proposal to the Collier County TDC AG E N D.A_i? E.I'~L.. '7 1997 Marco Island Sports Festival TDC GRANT APPLICATION AGENDA ITEM_ N°y 2-~:~ pg. ~0 Collier County Tourist Development Council Grant Application Name and Address of the Applicant OrganSzation: 1997 Mgrco Island SDorls Festival Marco Isled YMCA 101 Sandhi]l Street b_Larco !~l~;nd. FL 34145 Contact Person, Title, and Phone Number: D~v~: l'dce, S~)orts Festival Director- (941) 642-0007 (~Jndy Love. YMCA Business Operations Man~er - (941) 394-3144. Richard Brgdefick, Fe,stiva! Chairman Emeritu. s- (941) 394-3479 Organization's Chief Official and Title: YMCA Execut. i.y¢ D rector/CEO - (941') 394-3]~ .... Is this an application for Category B (Promotion and Advertisis~g of Tourism in Collier County) or Category C (Local Projects and/or Activities which Promote Tmafism in Collier County)? Check one: Category B Category How much funding is your organization reques!ing7 Briefly describe pro,am including: -. -- Your org, an,zat]on s capability to promote Collier County as a tourist destination. ->,,.S_gg.__A tt~ached Marketing Plan Geographic focus of promotion, i.e. Collier -> See A nach~.'d Marketin~ County, Marco Island, Evergla~ Gc~,~r,A ~ENDA ITEM . p~.__ ~1 Application must be accompanie, d by the followi._a: a) Vedficadon of not-for-profit status _x__ b) Last fiscal year financial statement _x_ c) Incorporation papers __.x._ d) Detailed I) .: item budget for program [er both revenues and expe. nses .__~x_ e) Detailed description of proposed plan __~x_ f) A marketing plan may be substituted for items (d) and (e) above Category C projects and activities which promote tourism should have an emphasis on the 'shoulder and off'season" of'May through November. What are the scheduled dates for your project/activity? 1997 Marco Islam. d Sports Festival - June 6.7. ~ 8 Discuss how your organization will measure the number of visitors attracted and the number of room nights generated by your event. ~easudng the number 9fvisitors will be done through tracking of the participants by ~n the, Re~stration Forms. We v,4Ll tm to work w~Ih the hotels to develop a tra_c 'n~0.g_~L.hod that ,.,y:,ll give us md them af.~trly representative room count. We will ~1,~o incl'.~_.d..~_~lat ed quest~ ~"nerg w~Jl you be ~a_vin~?: How many will beYare in y_qt.!.r patty°) on the registration .f'0rm,~. Category C Selection Criteria: l 0(aYb).Identil~/lhe potential for attracting "shoulder and off ~ason", out-of-county visitors as spectators or pacticip~ts expressed as "shoulder and off season" visitors attracted per Tourist Development dollar expended. ~.9~ the, re~ration forms from the t996 Festival that 10Q0 oflhe 1700 parfi..ci~ant$ were fr.9~n_gut ofth¢ Count)'_. p_r_o'~..~1997 is th~t_Ji 4~00 of the, ar~;icipated 2100 will be from outside the CoA!.n.L~ The~ n.u_m.~era D N__Q_N__QTin_cjx~.dLp~icip~ friends and o:hcr sp¢~;Iator:~. Participanis in~e_~.Lr~rtt~of !._his n~.Lu~'e__a_n average of 1,} ~eopl¢ who accompany them. '-_U~_e figu_'r_e_s aboye. :2500 ~_ut-__o~ f-coup._t.t.~eople ~artici_oated and/or attended the, 1996 Festival; the 1997 Festival will attract 3500~ut-of-¢o~nty visitor? 'AGENDA FEEI~, Identify the estimated number of hotel/motel or campground sites generated from the allocations of Tourist Development funds expressed as overnight stays per Tourist Development dollar expended. Many ofthe pro_iected numlper~ for the 1996 Fe,stival .... Nt the target. The Financial Gain ~eciion of the Marketing. Plan deal~, .with thi~; question in ~r¢.a. ter detail. In addition, many touri~t~ who were er~:adv h~r¢ for a vacation Lo_tapered in the Festival. V~lleyball players, runners, in-tiners, and others ~articiDated in and really eni.0yed the 1Fe¢;ival..The "Beach F,,xDerien¢¢" drew losge numbers oftouri~as. (and residents). T.be YMCA ~d other organizations have al. ready been called by some of_ these touristS asking wherl the F¢:$tival will be held in 1997. so tMt they Can make it a p~ their vacation plans for thi~; surn__rne.r~ lO(d). 10(e). Identify the matching dollars provided by your organization expressed as matching dollars per Tourist Development dollars expended. The 1997 ~arc0 Island Sports F~tival will produce a match rat. i_9~0f $90/$120, as reflected in the a.ttached Budget= Identify the future growth potential of the project being submitted without the Tourist Development funds as TDC fi. maline is to be regarded as seed money, not continuous funding. T_DC Fun~ii~ is critical at this point in the life 0fthis event. The ~oal of the l,he 1997.~E_estival is_t9 ernhanc,_g~he_._ev_~nt__al; it was run in t996, perfect it. and look to the_ futu~[e, N_kla]_or__s~s have alr~dy expressed ~ interest and other~ will be ~ught to . Le. cur~n.g:.tt:~_9.ftb~Fe~ti-v~l, Dcvelqpment ~d_q0rnmitment 9f Major ;~.ponso. Fs take_time t_~cultivat_~e... TbL~_~~_Le, xLCo~~ould lead to a g.9_ol~..r._Count,, S~.¢~! Fe,~tival. a gala ev~n..c..~pa_lE¢} the en!i_re are~.. Discuss the soundness ofyour-out-of-county marketing plan, specifically in terms of ho~ the event ~x411 be promoted to draw out-of-county visitors. "S~_u¢cess will be measured in the fa_ct that we antic:ipate a 40% increase in ~articir, ation 20% les money Previ0usl¥ successful advertieng and pr0m~tionalAgLl'iOA FI'.,E~.,~' while spending ~ ' - venues will be au~mented. Participants in event~ of this nature ;end to be not~onlv a ., AaENDA IT~ZM, I · i i .'-,,.z..// ,.',. NAY 2'lJ- gg7 [ ............. lo(i). _market, but al,s0 becgmc "walking, adver~isem~ents" t'or ~,h¢ evenL A ~ccess~l ~rack r~o~ ~~ral F~s~val ~11 ~ork ~o our advamage ~n ~997. Discuss your organi~tion's management and stability, speclfi~lly, in te~s of its ability to manage the pro~t in accord~ce ~th regulations ~d to acute the intend~ results. f w ' w - ' I - i ! i pro~r~s ~ s~ci~ ~nts: the M~c9 Isla~ ~CA is a ~a~ ofthi~ ~radition of .- ~ x I n 9 7 F 'v e ' ~Oesof ,, r v n m ement n 'n t I ' x ' n ta /}3lunteer Ieadership profiles. Discuss your organization's readiness to implement the project. I'hq: M~rco Island YMCA .Board fDirec~ r v'ed a' 1 t ake n 's ' · 9ther Comrr!.uniW Leader3 have express;ed their ~_~pon verbally and some in writing (See~ Lettersouort. n h i ndin rt re ne f 99 h i _we_!!zpublicjzed and l! e fa r f eF iv w i ' " ~_h~~_Cjpants fr_9~ last year's festival c,.lled t_l-~ YMCA to ex~ress their belief that Ihe Y needed t t ' e leader' f r he F i 9~continue. Mr._l~eZL_ a.cc__e.~.a e f t~.~~shit~ was a d_etermil~t facl.9.lJlLl~ Y Board's decision. Mr.__ ~wn in_th~.!2LLo_r_h~0.fLlngL~llltlaj~cnt to excellence. ~gs wit_ h ~'m~~°~ fr. °ma number of local community ~ Discuss why Funds are unavailable fi.om other sources. Tourist Development Funds should not be viewed as supplanting or replacing existing funding sources. _Conducting an ~ ~_d¢ reauires the h~Orga ~nk-ation that can gtdn c,,ommunitv-~4de _ s~~~mber~f v_~olunteer3_and oper~a~gLu~D' s~ortin~ events.: _ _Th_.~j.~ng_b~ i.g.9~~ch has over 150 _years of tradition an ex~L!~ztfi.e~~ent~/pro~ml; of ajLLypes,a_n~l sizes. Des_~ite the use .... -'--" ated gag_Lth.e._Y-B unabie to undertake this ~gJ~ n t eer3..tll.o_~u.tse, -'~ ' - · Mth..__.~ot)t financial ~uppQ~ ff~!Zi~~C~ in ~;hil~ phase. Thc YMCA does no' have thc ~ ~re s~o. Lurces. n0r i,,; it ~arl 0f i~s n9 rmai pr '~am ~° adyertise and-~J __l i lo ). to the area,, lnlh¢ ~ ' r n r hi will eth ~ Ion,-term viability qflhe Spor~s F¢.stiv=L Discuss the capacity of the proiect to enrich the artistic, cultural, and environmental attractiveness of' the community to the visiting public and compatibil½ty with the community in general, ici ant will ' wh t Ii ~ ff~r-- au i I i I ch fin re t 'nm e t r world-cia h I mm ali Icl ' v ih r -a recr~:afional ~aradise, ~The t997 S~orts Fe~iv~ wi~provid¢ somethin~ unia_ue-an m~.p_~ha_~s on Mar~:~ Island an;l .Collier Countv~,s a _oremier venue for events not normally associated with the ar¢~,. In-tine skating, marathon rurtrting, and triathlon com~tition and other eve~nts of the Sports Festival enhance the breadth of the visitor experience, our visitors will receiv, e ~, w¢~th 0fin.f'ormafion about Collier County. its many amenities ~d ~__.~.b~9.p_g.o..~m.ide~ here to visit ~ a regular basis, not iust "in season", They w~ll _experience fir,-hand ~he quality ~,erviee v its~gh our hoteliers and merchants and t;?_~- made aware_of all Of the many .".offa~~'-v~ita~l¢ in Collier ¢ount'v. I have read the Tourism Grant Program guidelines and criteria and Resolution No, 93- and agree that my organization will fully comply wilh the guidelines and criteria and Resolution 1%. 93-~. Sigaamn= of Orgasdzafion's C~cf Oiiicial Date: 1997 Marco Island S ports Festival TDC GRANT- REQUIRED BUSINESS INFORMATION FEB ~ I ce~ify from the records of this office that THE MARCO IS~ND The 'document' number of this?'corporation is' N07168. - ~-~'~..-~. I fu~her ce~i~ that said corporation has ~pa,d all.f~,~:~~... CR2~22 (8-87) ~. .% ;~ . internat.Rlev.e~ue Service · D{strict~irec{pr .:: 'v... . :1, Marco Island YMCA Inc. P.O. Box 1103, 101 Sandhill Street Marco Island, FL 33937 Department of the Treasury Ann Baker/ads (&O&) 331-&516 ~I: 580070782 Dear Applicant: Based on information supplied, and assuming your operations rill be as stated in your application for recognition of exemption, ye have determined you are exempt from ~ederal income tax under section 501(c)($) of the Internal Revenue Code. We have further determined that you are not a private foundation within meaning of section'509(a) of the Code. because you ars an organization described in section 509(a)(2). If your sources of support, or your purposes, cbaracter, er method of eperatioa change, please let us ~no, ~o we can consider the effect of the c~e on your exempt status ~nd fo~datlon statu~. Also, you .should inform us of all changes in your xla~e oF address. As of J~nu&ry 1. 1984, ~ou are liable for :axes ,~der t~,e Federal Insurance Contributions Act(social s~curlt7 taxes) on re~Aneration of $100 or more you pay to each of your e~ployzes during a calendar year. You are not liable for tbs tax l~pomed under ~be ~ederal Unemplorment T~x Act Since you are not a private foundation, you are not sub, oct to %he excise taxes tn:der Chapter 42 cf the Code. Ho~ever, you are not automa%icall~ exempt from ether Federal mxcise isles. If you have any questions about excise, employment, or other Federal t~es, please le% us kno~. Donors may deduct contributicn~ to you as provided in section 170 of the Code. Bequests. legacies, devises, transfers, or gifts to you or for your use deductible for F.~deral es%ate and 8if% tax purposes if they meet tbs applic~ble provision~ of secClons 20~5, 2106. and 2522 of the Code. The box checked in the headin& of this letter sho~s ~hether you must file Form 990, Return of Organization Exempt from Income Tax. If Yes is checked, you are required to fii~ Form 990 only if your gross receipts each year are normally more than $25.000. If a return is required, it must be filed by the 15th day o£ ~he fl£Lh after the end of your annual accounting period. The law imposes a mon:h ..... .. ,h,n a ,turn is let,. $10 a day up to a ma.x~mum u~ e~ ..... . ro./L~ is reasonable cause for the del y. AGENDA IT -- '"'~-/ ,_,, No. P. 0. Box 1055. At,n=. GA 30370 ;,-~ 2 U Let er 947[_D/.~./...~. ~ po. . ~ou ere no~ reguire~ ~_~. ~ncome under sec%ion ~li oz the Code. If ~ou are %o'%he ~ex on unrelated ousz--a~ sub~ec~ ~o ~h~s ~ax, you mus~ r$1e an $nco~e tax retu~ on Fo~ 99~T, Organization Business Income T~ Return. In this let%er, we Are not de%e~ining whether enY or your present or proposed activities are unrelated %rnde or ~uslness ~s ~efined ~n section 51~ or the ~ode. You nee~ an employer %dentif£ca%ion n~ber even if em~yer ~dentif~cation number was not entered on your application. assigned to you and you w~ll be advised of it. please use %~t m~r on all reruns you file and In all correspondence w~th the Info.al Revenue Se~lce- . . ..... resolve any questions about your exeBpt status use this la%tar co~G ~ ....... ,~ ~erma ant rotors. ~ .... '"s you Should xeep ~d foundation ~ , ° ~ telephone If you have ~Y questions, please contact the person whose r~e~e number are sho~ ~ th~ headl~ of this letter. $~ncere~ Dis~i~ Directmr ENCLOSURES: Form 990 Schedule A Ins%ructions MAY 2 0 19 ? MARCO ISLAND YMCA · Profit and Loss January through December 1995 4103. C~gn Tr~f~r 41~ · C~~s ~ 411~ · M~i~ ~ 41~- ~Y P~ 4170 ' ~r~ ~m 41~. ~~ ~ ~ · UnN~ Way T~E ~ ~.~Fm ~ · T~ ~70 · ~ I T~ 7102' G~ 71~ · 71~ · 71~' ~ T~I ~ ~ ~OO · ~n Trmn)fer~ 26.01S. O0 9,375.50 115.e02.33 6.(~1.00 2~.214.40 171.19 10.073.00 ,41,6'76.86 2.e~.72 1 .~...~ 14,946.14 54,464.64 51.5o 11,158.24 1,529.46 9.313.29 36,1~0.~5 3,27zoo 5,427.14 1 ,o79.25 830.74 25,830.24 2242.13 2~,o75.14 1,43o. o0 9,460.35 11,757.o0 19.217.61 34,063,76 1 100.00 2~.01800 70000 15.7'5691 474.B7 MARCO ISLAND YMCA · Profit and Loss Janu&ry through Dectmdxr A GEj'~OA ~TEl~ ] MARCO ISLAND YMCA Balance Sheet As of December 31,1995 0.00 3~,726.15 5,043.10 ~O.m 171.~.18 1~1~ 1~.~ ~,~.~) N°'f ~ d'~~ Pg. ~__~ ;',,L;~I" A I "/' ; :./40 1997 Marco Island Sports Festival MARKETING PLAN i., ~-7*'N EWSPAPERS [] m [] m [] Press Releases (4) to Twelve key Florida Newspapers [] Display Advertising . Circulation Potential- 2,000,000+ . Cost - $12,500 MAGAZINES RELATED PERIODICALS Display Advertising/Releases to encourage Coverage Two Categories - General Sports Periodicals Specialty Periodicals specifically related to the Festival Sports Circulation- 2,500,000-~ Cost- $80,000 ~: ~::!,.- ~:~ :.:. .. FEB 199'~) : [] m [] [] mm · [] F DIO · Appearances on Public Interest Programs ,, Public Service Announcements - Local Support. (WODX-1480) - Circulation - 500,000+ ~ Cost- $0 MAY 20-IB~7 TELEVISION I~ III la = Cable Networks throughout Florida- selected by audience sports interest = Major Network Advertisin,g in/out of state- ESPN, Fox [] Viewing Potential- 5,000,000 . Cost- $30,000 COLLATERAL MARKETING Brochure Distribution- 25,000 Inquiries Anticipated - 8,000 Internet Advertising Governor's Council on Fitness Festival Paraphernalia Circulation Potential- 150,000 Cost- $40,000 Overall 2100 People participate plus 3100 fdends & family fly/drive to Collier County In/Out-of-County Breakdown 1400 Out-of-County participants; 2100 Out-of-County Attendees 700 In-County Participants; 1000 Out-of-County Attendees Overnight Stays 1120 Participants (70%) and 1500 Guests Require Overnight Stays: Participants - One night - 320 participants x $100 = Two night - 800 Participants x $200 = Guests - One night - 500 Guests x $100 = Two night - 1000 Guests x $200 = $32,000 $160,00_0_ $192,000 $50,000 $200~ $250,000 $192,000 $250,000 Other Participant Spending' 280 Out-of-County Padicipants x $60 $16,800 600 Our-of-County Guests x $60$36,000 · ---~52,800- $52 800 Total Spending June 6, 7 & 8: ~4 800 No._~ ~ f,IAY 2 O p~. AGENDA I]'E~_x/ · 1997 Marco Island S ports Festival CONSOLi DATED BUDGET i.i;:,r 2 U Pi. 30 F 'PROJECTED REVENUE · FUNDRAISING MAJOR SPONSORS EVI~NT SPONSORS GOVT REVENUE IN-KIND SERVICES IN-KIND GOODS PARTICIPANTS CONCESSIONS OTHER INCOME TOTALREVENUE MARCO ISLAND SPORTS FESTIVAL- 1997 CONSOLIDATED OPERATING FORECAST MAJOR EVENTS SPONSORS $0 $10,000 $15.00O $0 $0 $0 $5,0OO $10,000 $5,000 $0 $40,000 $0 $o $0 EXPENSE SALARIES $10,000 $5,000 BENEFITS $1,400 $700 PAYROLL TAXES $ I, t 00 $500 PURCH SERVICE $3,000 $1,000 SUPPLIES $6,000 $500 TELEPHONE $0 $0 POSTAG~SHIPPING ~.~500 $0 OCCUPANCY/PERMiTS $300 ,$0 EQUIPMENT/SUPPLIE3 $1,000 $0 PRINT/PROMO/AD~J'T. $4,000 $10.000 STAFF/VOLUNTEER EXP. $1,500 $1,500 MEETING FOOD COST $8,000 $0 CELESRITY FEES $3,000 $0 EQUIPMENT RENTALS $6,000 $0 OTHER EXPENSE $2,500 $2,500 AWAROS $7,500 $2,500 TOI'AL EXPEhlSES FESTIVAL NET $60,800 $24.200 DONATIONS VEN~UES $0 $120,000 $0 $0 $0 $0 $0 $0 $2,500 $0 $o $0 $5,000 $120,000 $0 $10,000 $0 $1,100 $0 ~,5o0 $0 $0 $2,500 $o $2,400 ~0 $0 S0 $1.0o0 ~ $89,ooo $0 $1,000 $0 $1,500 $0 $5,000 $0 $0 $5,000 $0 $5,000 $120,000 TOTAL $~.,500 $10.000 $15.O00 $120,000 $15,0O0 $5,000 $40,000 $2.500 $0 $210,000 $25,000 $2,100 $2.00O $103,000 $10,ooo SlO.OOo S210. $4,200 ($4,200) $0 $0 AGEI" D I - MAY 2 u 1,997 1997 Marco Island Sports Festival LEADERSHIP PROFIL HAY 20' 1997 p~.~ ~' ~ AGENDAITEM David F. Rice, Chairman 1997 Marco Island Sports Festival As a collegian, David participated in football, basketball, and track. An academic Cum Laude graduate, he was elected to '~/Vho's Who In American Colleges and Universities". Upon graduation, he signed as a free agent with the New York Titans of the American Football League. Beginning his career at Greenwich Connecticut High School, he served at various times as coach of football, basketball, track and gymnastics. A college coac~hing career began with a short stay at Columbia University followed by his appointment as Head Football Coach at Western Connecticut State University, becoming the youngest head coach in America. Recruited four years later by Fordham University as Head Football Coach, he was named the University's 35th Coach. During his tenure, he was honored as Coach of the Year and received the Iron Major Trophy. Upon his retirement as coach, his Won/Loss record ranked third behind the legendary Jim Crowley, one of the Four Horsemen of Notre Dame and Frank Cavanaugh, the Iron Major. Mr. Rice was named Director of Intercollegiate Athletics immediately following his retirement from coaching, becoming the youngest Athletic Director in NCAA Division I. He served as President of the Metropolitan Association of Athletic Directors, co-founded ,,he Metro Atlantic Athletic Conference, served as Director of the National Invitational Basketball Tournament (NIT), was a member of the Madison Square Garden Holiday Festival Committee, and on the Advisory Board of the Meadow~ands Arena (NY Giants' Stadium). He became a full-time Collier County resident on Marco Island in 1987 and is the owner of, 'total Home Services, a property management company, and the Eagle Group - a Real Estate Company. Dave recently ended his term as president of the Marco Island K-~vanis, is currently Chairman of the Christmas Island Style Committee, is serving on tt~ Marco Island Area Chamber of Comrne,'ce Board, and is on the Community Bank Advisory Board. Pi[. ~ · AGENDA LTE _~, Richard Broderick Sports Festival Chairman Emeritus Mr. Broderick was one of the Co-Chairs of the Inaugural Festival and continues to be a driving force for the on-going operation of the Festival. Dick will be actively seeking the much needed Major Sponsorships using his wealth of contacts from his long and successful business career. Broderick recently retired from a stellar career in the Amedcan Music industry at both RCA and MCA records. He has authored four books, is the past-president of the Music Industry Educators Association and a past Chair of the Country Music Association. He recently served as director of the Music, Business and Technology program at New York University and has lectured at various colleges and business conventions. Dick served as President/CEO of his own company and has served as a marketing consultant to Longines and JVC. At RCA he served as international advertising manager and international marketing director. At MCA he was VP of Decca and Coral Records. Mr. Brodedck was also on the founding board of the Country Music Hall of Fame. Dick authored Jesus Christ Superstar Rock Opera (Hawthorne); New York Times I00 Great songs, (Quadrangle); New York Times Great Latin Songs, (Quadrangle); and the Be~er Homes and Gardens Family Song Book, (Meredith). in the 1950's, Broderick was editor and publisher of Roller Derby News, and 8-page tabloid wffh a peak circulation of 110,000. Although retired, Dick continues to write a spods column for the Marco Island Eagle, a publication of the New York Times. He also does broadcasts for WODX-1480. Dick and his wife Mary have six children and twelve grandchildren. Dick and Mary are full-time residents of Marco Island. NA~.EtIDA ! ~ Lucinda "Cindy" Love, Business Operations Manager Marco Island YMCA VVhile working in the Business Office at Indiana University for five years, Ms. Love also managed and coordinated sports programs at a nearby campground. She moved to Naples to operate a successful automotive parts store. There, she managed the finances of the establishment as well as hiring and recruiting staff. She sold out her portion of the business and joined the Marco Island YMCA Staff Leadership as Office Manager/Administrative Assistant nearly three years ago. Cindy had an immediate impact on the level of operations at the YMCA. Starting with an archaic "by hand" accounting and record, keeping system, she investigated computer software options and took the Y into the 2Otb century. Most of the YMCA's "back office" functions are now using some of the finest "off the shelf'' software. This brought the Y's financial reporting to a new level, one that Board Members could trust and believe. During a recent period in her work with the Y, she filled the role of "Interim Director", skillfully handling the day-to-day operations and managing staff, which enabled the Board of Directors to focus their efforts on a search for a new CEO. She continues to recruit, hire and supervise the customer service staff for the Y. Cindy is also a Leader in the YMCA's efforts to fund raise. She provides timely and accurate reports, skillfully matches solicitors and donors, and relentlessly follows up with the Volunteers to ensure the maximum return for the Y. Ms. Love is also one of the Island's finest Special Event Coordinators, calmly pulling together loose ends in many of the Y's eight annual functions, including the "Taste of Marco". Recently, Ms. Love began her quest for YMCA Professional Director certification. She recently attended an intense week-long training seminar in Tampa - "Principles and Practices". Her achievement of this goal will bring her into the upper echelon of '~CA Professionals in Florida and the South Field. Don Clark, Executive Director/CEO Marco Island YMCA For over 17 years, Mr. Clark has been serving local communities in his career with the YMCA. In his first professional position, he built his local Youth Sports leagues into a model for all other YMCAs in the area. The program grew so rapidly that many additional venues had to be found to be able to serve all the kids who wanted to play. Shodly after accepting a promotion to Branch Executive at another Unit of the Cleveland (Ohio) YMCA, Mr. Clark took the mn-down, empty full-facility YMCA and turned it into a perennial surplus producing YMCA. Sports Leagues were a part of this success, but more importantly, Clark renewed the interest of the local community in the need for the Y and its services. While serving in that position, Mr. Clark worked closely with the newly, named Director of the Greater Cleveland Corporate Challenge, sponsored by the YMCA. He conducted the largest and most captivating event-the TUG OF WAR-that first year as well assisting other event directors in the Basketball Shooting Relay and the 6x50 Shuttle Relay. The Corporate Challenge consists of 18 events and is enjoyed by over 4500 participants each year. In the infancy of the event, Clark helped obtain one of the Major Sponsors that works with this program still. After two successful years in the position of Corporate Executive in the Cleveland Association, he began to look for an opportunity to head south. In March of this year, Mr. Clark acc. opted the position of Executive Director/CEO of the Marco Island YMCA. In the short time he has served in this position, the Marco Island YMCA has begun a dramatic turn to a stronger fiscal position. Mr. Clark knows that this change would not have been possible without the support of the many strong volunteers on the YMCA Board. Don thoroughly enjoys the quality of life that Collier County has to offer, and has recently purchased a home on Marco Island where he will live with his wife Sue and their soon-to-be-bom baby. m m m m m m m m m 1997 Marco Island Sports Festival SUPPORT LETTERS & OTHER. I,N.FO. R.M, . .N OcTober 3 I, 1996 Don Clark Marco Island PO Box 2529 ]Vl~rco Is!~d, I~L 33969 De~r Don; I understand the tv1~'~co lsland YMCA may ho~l The Ma~ Island Spots F~vnl '97. Congralulations I IM~ you wouM do a ~t}ob with tMs for s~eral reason: 1. your exp~{~ ~d ex~d~ce. As a s~n~ ~CA profes~o~l, you ~ve pro~ you c~ bfmg comm~nity ~oups, volunt~ and ~togethe[ to host sp~i~ ev~ts. 1 ~ave no, ed your succ~scs in Circled, and now in Marco. 2. your s~a~. You have a ~eat si~ftmm who do the ~ad the ~mo ~rk for ~1 speci~ events ev~ y~r. Their attention to d~a~ i~ o~~, 3. 7our voluntee'rs. You ~ve ~ de~i~ted ~nd ~t~ bo~d of directors. 1 ~ ~re th~ could provide i~dership, conta~s, ~nd ~ty work ~o ~ ~Y ~'ent ~ ~cc~s. 4. your lo~ YN1CA. Your org~stion ccnmues to be ~ ~ponmt ~ of me bi,co isled co~'. 5. your nat~o~l or8~zation. ~e YMCA ~s been ~ lead~ in spo~ for more th~ 150 ve~s. Lq fao, we &re ~Te~ly ~ ~em~r cf the U~ed St~es Ol~c Co~n~. I ~ ~l~Se my suppo~, ~s well s~ i~ supron or,he ~llon~l 5~CA, to help ).ou in Ibis end eavor. Please feel free to have p~plc co~ct me ~ · ~fe~ for l~ ~CA hosting th~ M~rco Island Spots ~fiv~[ '97. My lel~hone number ~ (800) 303.9622. Sincerely, Tom Ma~sey Senior Consult~mt YMCA of'the USA EAGLE Editorial YMCA continues leadership FOIC The Marco Island YMCA is to be com- mended for agreehg to fill the gap ~i~ by the sudden departure of one of the to.founders of the Marco Island Sporls F~al. By tak- ing on the responsibility for the gecond annual Sports Fest, the YMCA Board of Directors is not only continuing its impor- tant leadership position on Marco Island, but it is helping all of us get ~rough the summer doldrums. " · ..To be. sure, Marco Island is growing and the Survaner off-season is becoming more lively with e:fda pa~ing year, but the Sgorts Festival offers many opportunities for all That the island [s capab~ of sustaining such an event during the summer is an indica- tion of the increafftngly fer~e ground which Marco Island ia becoming. But the Sports Festival can't happen in a vacuum, and the YMCA directors can't do it alone. They and the hundreds of volun- teers will need the help and enthusiastic support of all of us to make next year's fes- tival a success. It is also important that the questions which continue to surround the first Sports Feat's accounting activities not be use.ti to withhold support from the YMCA or next year's event. BUSY FIRST DAY OF CO ,'IPETITION )vet i,200 ~mpetitors took art in Saturday's vents. 3l.,g~,CO ISLAND -- In what · ~antzers already ar~ planning ,ma~ an annual ~vtnL the j~raJ M~rco Island Spores jsJival ~ck~d o~ the omion o[th~ ~tstival Saturday. Eleven of the 1~ even~ began )repetition. mad whiIe ~e Fes- yam experienced some First. )~r ghtcbes, ~ l~rge number Ole registran~ vimualb' assures estival organizers of reaching ~eir ioaJ of 1.~ to ~.~ pamic- out lJ~ people competed day, said Festival co.hair ~el Coleman. who estim~V at another ~ will ~te in ~,e tNathlom c)'chng ~essive in-line skatmg even~ cheduled for ~oday. "I'm con~nnced we're going ~o ,ave the I.~ that we were hootmg for, and I ~ink that ~hvn we're done it's golr~[ to be loser to 1,~ people," Coleman aid. Ghtches included the delay he a~-essive in.line s~tmg :ompetition until today. The went ori~nnally was scheduled 'or Saree'day, but rain on Friday )ushed back construction of the ;kating ramps, dela~ng the went by a day Skaters, how. )vet, were allowed to prlctice 'or free on ramps that were ~n- lhed. As for .ven~ that were mn. 2ape Coral High School's Matt Williams, who ~aduated Winner Katlna Salafatlnos crosses the finish line Just ahead of Monlca Cousins duflng the Marco island Sports Festival's Women's five mile tn-line race Saturday at the key Marco subdivision. Former Boston Celtic K.C. Jones listens to his son X.C. Jones Jr. as the pair participate in Iune. won the Marco Mile. The Mile orig'knally was to be an Invitational that featured the top two male and female run- ners from each Collier Counb' High School. The Festival. how. -the basketball challenge ever. was tale in gettmg word Saturday during the Marco out to Collier bigh schools, sa~d Island Sports Festival at Frank event chairman Joe Khmas E. Mackle Park. Story, 90. · 'We're already making plans next year to make the race Steven L~'~'i$,'$ta.~  Set FF. STIVAL. Page 9C Sot. rev for Seatti to vic last tt Chico CHIC3 erything Jnst m who dev. belly ri, chance teaJ~ in Game Su~d~ it's co~dc: pa~on we ~o' Cbica poin~ i ~nd e~ poir d~y It's c ~e~O~ ~.o time SOB Se fi~red G~es like sweep Scholar athletes MARCO iSLAND SPORTS FES?mVAL K.C. Jones played in'a much .Btm BRIAH MARCO ISI..~ND -- )C.C. Jones Would find it difficult coaching or playing in today's NBA. Jones, who ted the Boston Cel- tics to two NBA championships and four Finals appearances in the mid4)O~, has not changed much. The lame has. however. bearing Htt)e resemblance to the Ieague that used to revolve around winning, but now is driv- en by dollars -- and plenty of them. "The guys are making so much money, they're all losing their hunger." Jones said before Sat- ,'rday',, .Marco Island Sports Festival sport~ celebrities din- her ~.t the ~adJsson Beach Re. sots. "It's just ~eed." Jones played For the Celtics in n simpler Hmo Simple in that the Celtics won the N~A lille eight of Jones' nine seasons. tablishing what still stands as professional spo~' greatest dy- The secret of those Celtic teams that played for Red Auer. bach -- other than the talenLi of Bill Russell, Bob Cousy. Jones and Bill Sharman: "We had such great chemistry,' ~aid Jones. a Hall ct tamer and former part- time Marco resident. "P)ayer~ on other teams would get down on their team- mates at"ter they made a mis- take. We encouraged and supported our players. A.nd Bill Russell had such a fantastic pas- sion For winning ball games .... Sometimes that is missing in to- day's game. You have teammates yelling at each other for making a mistake When that happens. you lose those two players for the game, and you're ouLnum. bered by two." Jones felt outnumbered much of his life. ~rowing up in the ~.own of Taylor. and later Corpus Christi, deep in the heart of Jim Crow Texas, where ~e races were separated by law and cus- tom. A childhood spent watching mo~es in "colored" balconies ("The Crow's Nest") and sitting in the back of the bus coaL, ih- uted to Jones' low-key nature. and early lack of self-esteem. "i was angry," said Jones. simpler time who~ father walked out on his family. 'My self-esteem took a beating. You accept it because there's nothing you can do about iL £ven though you don't like iL what are you going to do?" How about take a train to San Francisco. where Jones a~end- ed high school, pla)'~ng basket- ball and football Although a standout in both sport.L college scout~ believed he lacked the skills to compete at the next lev- el. But Mildred Smith. Jones' high school history teacher, be. gan to lobby hard for him with the Jesui~ who ran the Univer. sity otSan Francisco. £ventually. Jones received a basketball ~holarship to San Francisco. where he and Russell won .5~ consecutive games &ether. back-to-back national championships and an Olympic 8old medal. Russell and Jones both were drafted by the Celtics, but al- though Jones was a respected defensive performer and tough player (he once played an NCAA, game with a ruptured appendix), he was cons'laced he wasn't good enough on offense to cut it. Festiva): Wil.liams wins Marco Mile Continued from lC 'ffiore of an elite evenL" Klimas said "Next year \'k'e'H get the information out much e~rlier,' -" The ,Mile was cpened up to all Collier County '~igh school mnve~ and at ~he last moment ~ one from Cape Coral. Williams, who two hours before the Mile finished third in the Fes- tival's 5-kilometer race, heard ~~ ~boul the Marco Mite Satlirday morning, asked ir he could mn iL ~nd was amlowed to join about ~ olher area runne~. He finished in 4 minutes. ~ seconds on a straight course down South Col- lier Boulevard thai was abosl ~ yards more ~han a mile ' gnrron Collier junior Jamin Williams Eastman finished second. ~'hHe Lei> JUnmnr And) Bclghls took thmrd Meanwhile. l.cly gr:*dunted senior Jessica Brown crossed the !inihh hoe :dong with Lely freshman Lcila 5lcl. LOCAL GOLF hem in 6:38. St. John Neumann sophomore Enza Lombardi was the only other girl to run. On the other side o£ the Island. at .Key Marco residential community. Katina Salafatinos ot Team Skate 20OJ/Kryptonics won the women's 13-over division or the 5-mile in-line skating race. Salafatinos. 39. of Fort Lauderdale. finished in 18:~.O9. edging Monico Cousins o£Delray Beach. In the men's 13-over race. Adrian Winchell. 45, of Fort Lauderdale, a member orthe Speedskating Times team. won in I&:LZ?60. Tim Small. 40. a team- mate of Winchell's, placed second in 16:3304. Ruddy Guerra. g. or Hialeah. won the chil- drews 1.2:S-mile in-line race. As tot the 5-kilometer run. it was a clean sweep rot Naples resident& Rob Winfield won the merall men's division in 15:19 Jean Bootie) won the women's divmon in 1900. Lei)' High track and cross country coach Mark McGarity won the men's masters division in 1'726. v,'h)le Marw Brock Im,k first in thewom¢.n masters A~CNDA I!EM No. .... qc4-) pg._ ql Dobbs: Wins S. Florida PGA So he opted tot another dr-aR. and spent two years tn the army When he got out in lgt~ he nearly made the Los Angelei Rams as a defensive back. gut Jones only had il half right. tense was his caltin~ -- but tt was in baskelball. Despite never averagin: poin~ ~r game or ~h~in~ potent ~m the field. &t~-I Jones ca,'ed out o~ place in basketball winning 10 championship As he si~ at a ~ble. ~renely talkin~ a~ut da)~ pasL ~me- one offe~ to ~ke a champmn. ship ~n~ off his hands, it he should ever let back into coach- ing and win another. ~ones. however, declmes ~e generous invimtion. "1 have my toes.' Jones say~ ~gh a smile. "and my w~te lot one tot my nose nn~" TIR Crest~oo · ' MARCO ISLAND SPORTS FESTIVAL ).~A'~ 2 d 1997 ' Don R;ccl watche~ th~ ~ght of hie mhot during the Maum} Sports Festival ~olf tourney at the Marco Shores Co$mtry on Sunday, Stt~tn Lrw~Staff Success: Island opened its arms to host weekend .of fun, games Continued Y~om 1C were looming some Umes .. so a lot of' luck was involved." A Festival highlight for the young in-line skating crowd was Collier County's first-ever ag- gressive in-line skating competi- tion, which was held in the Town Center ,'VIall parking lot. For those who have never seen aggressive in-line skating, the name says it all. On a course that consists of different kinds o£ ramps and bars, young in-line skaters wearing baggy pants and care-free attitudes on their Meeves perform trick~ and ma- neuvers to rock music. It'ice slcar, in~ ever went p~ tb.L~ i~ what it would look like. Jesse Howard, a 15-year-old ~aq m~. am mun~ e r~v ~mm~ Another or the Festival's more interesting events was the Uni- versal Tae Kwon Do & Fitness Center Black Belt Champion- sl~p at the Mar~o Island YMCA, which had the Festival's hlf~hest turnout (198 registrants). They came from all over the country because the winners in each of the eight male and female weight divisions get to represent the Unit~! States at "Cludad de Barcelona," an · international Tae Kwon Do championship No- vember in Spa[~ Better yet, their airfare, hotel, meals, trans- portation and t~am uniform all are paid for. The 16 weight-division win- nets: Dennis Lee Stoll or Hilli- ard; Yvonne Marte of Boynton Beach; Javfer Baltodano of Mi- ami; Rebecca Peter-.on of' Cape Coral; Angel Aranzam of Ann Arbor, M. ich4 A~hley Mats~oka o£ Savannah, Ga.; William Orel- iaaa o£ Miami; lC'is'ten Boyer of Fort Myers; Alex Casanova of Miami; Kelli Dina(son of West. chester, Ohio; Michael Tang of Haverhill, Mass; Parr(cia Lewis of Fort Myers; Ei]een Poulos of St. Petersburg; Patricia Gut(er- ret of Miami; Eui Young Lee of Brooklyn, Minn; and Charles Gibbard of' For~ Myers. Cycling at Key Marco residen- tial community attracted the second highest number of par. tic/pants ¢171). Ralph Clemente of, West Palm Beach, who fin- (shed ~lth in this year's U.S. Olympic trials, won the United States Cycling Federation CUSCF) Pro 1, 2 race, picking up $3,50. The other cycling winners and their divisions: Stephen Mason of Naples (Citizens/Open); Dan- ~el Holt of Bradenton (Category 4, 5);, Earl Henr3' of,Pinellas Park CMaster~ 45-over); Gar)' Gardner of Pembroke Pines CMasters ~-over); Sherri Stedje of Tampa (USCF women);, Thomas Medina o£ Miami (Junior 10-14); Carlos Prieto of, Miami Uunior 15-over): Chris Frederick or Fort Lauder. dale (Catego~-3~: and Pages Humberto ¢Citizcns/Open). Female Masters m 1. Mary Ar- bend, 1.~4:33. Mixed Team~ -- 1. Shields. Brugger-Avol~, 1.~0:.40; 2. Franic. Levesque-Jac~on 1:02:48; 3. YMCA-Hrycyk. Moticka I.'0~:17. All-Female Teams ~ 1. The Polish Eagles, 1:23:30. In beach volleyball, Naples' David Webb, Maggie A]varez, Perry Behre~s, John Joseph, Nancy Joseph and Tim Byrnes of Fort Myers won the 6-player coed volleyball division. Lisa Rynders of Naples teamed with Lisa Rizk and Jennie Bradford to win the women's triples divi- sion. Mark Higg/nson of Naples and Bill Maik of-Sarasota won the men's doubles title. Naples tandem Toni Weston and Klm Kaye won the women's doubles open. Toni Weston and Dave Weston then went on to win the open coed. title. And the Fort Myers team of Chad' Little and Troy Tanner won the men's double B championship. The golf, challenge at Marco Shores Country Club'-had the second-fewest participants Don Rice({1,58). Eon Montgom. eD' ¢172) and Genny St(po were low .gross winners in their respective flights. Meanwhile. Ted Henning ~143L Bob Alywin ~13~) and MaD' Ann ]-halcnat~ V.'inncr~ fl',:m thc triathlon, itl Overall male -- l. Scott Col- ton,. ~2'. .2. Tim Lyster. 48:~: 3. Jack Bu~on. 49:~. Overall female -- 1. Sara Weaver. 53:12; 2. Carol Retter. :55:11: Christie Dopp. 5~:48 ~222h w~re imt' ~. ,_,_ . their n~peeli~t~ti'lr,.l::~.& UF,,M, . J won m~ soRball t6u~'at J J Winter~ ~F[e]O..~eteat. I ] c~ampi~ship. //~ '-' J J ~ll five ~~u~R~b.r~ MARCO ISLAND SPORTS FESTIVAL- 1997 CONSOLIDATED OPERATING FORECAST PROJECTED REVENUE FUNDRAISING · MAJOR SPONSORS EVENT SPONSORS GOV~ REVENUE IN-KIND SERVICES IN-KIND GOODS PARTICIPANTS CONCESSIONS OTHER INCOME TOTAL REVENUE EVENTS MAJOR OTHER SPONSORS DONATIONS TOTAL REVENUES $0 $0 $2,500 $0 $2,5CO $0 $10,0CO $0 $0 $10.000 $15,000 $0 $0 $0 $15,0O0 $0 $0 $0 $120,000 $120,0O0 $5,0O0 $10,000 $0 $0 $15.000 $5,000 $0 $0 $0 $5.000 $40,000 $0 $0 $0 $40.0O0 $0 $0 $2.500 $0 $2.500 $0 $0 $0 $0 $65,000 $20,000 $5,000 $120,000 $210.000 EXPENSE SALARIES $10,000 $5,000 $0 BENEFITS $1.400 $700 $0 PAYROLL TAXES $1,100 $500 $0 PURCH SERVICE $$,000 $1,000 $0 SUPPLIES $6,000 $500 $0 TELEPHONE $0 $0 $0 POSTAGE/SHIPPING $500 $0 OCCUPANCY~ERMITS $300 $0 EQU:PMENT/$UPPLIES $1,000 PRIN~F! PROMO/ADVT. $4,000 $10,000 STAFFNOLUNTEER EXP. $1,500 $1.500 $0 MEETING FOOD COST $8.000 $0 $0 CELEBRITY FEES $3,000 $0 $O EQUIPMENT RENTALS :S6,000 $0 OTHER EXPENSE $2,500 $2,500 $5,000 AWARDS $7,500 $2,500 $0 TOTAL EXPENSES $,60,800 $24,200 $5,000 $10,000 $0 $1.100 $8,500 $2.500 $2,400 SO $1,000 $8g,000 $1,000 $1.500 $5,000 $0 $25,000 $2,100 $2,700 $15,500 $2,900 $300 $2 0O0 $103 000 $4000 $9 500 $8 0O0 $6 COO $10 0O0 $10 000 $120,000 $210,0O0 FESTIVAL NET $4,200 ($4,2oo) $o $0 $43 A'~ZNDA_IT£M. -- ~]~.,_~: To re-appoint/appoint member~ to the Lake Traflbrd R~storat/on Task Force and approval from the Board of County Commissioners for the extension of the committee for 1 year. exph'ini on May 7. 1998. ~ =,F,j~Q]~_.: On May 7, 1996, the Board of County Commi~ioner~ adopted Re~olution No. 96-225, eru~blishing the Lake Trafford Restoration Task Force for a per/od of I year to identify ways in which to adequately restorc the lake, as well as determine the best funding sources available for the Lake Trafford restoration effort. Thc 14 member tank force was to prepare written findings and recommendation~ and pr~ent them to the Board of County Commissioners within I year. In order to permit the Lake Traffo~ Restoration Task Force to f'umlize its work, it is necessary to extend the ta~k force through May 7, 1998. The suggested membership of the ta~k force is as follows: Ed Cm'lson, South Florida Area M~tr, ager - National Audubon Society Dr. Eric Fl~Jg, Senior Eng~eer - South Florida Water Man~ement District Dr. cJail G. Gib.~n, Senior Hydrogeoi6gist. Pollution Control Department Gene Heam - Rex Properfes John M. Igleha.rt, Environmental Manager - Water Management Division Barbara B. Berry, Vice Chairman - Board ofCo~ui7 Commissioners Freazk Morelio, Biological Admhqistrator - Geane & Fresh Water Fish Commission Edward Olesky - Lake Trafford Mm-Lua, Inc. Thomas M. Rosegger, Biological Scientist FV - Florida Game & Fresh Water Commi~ion Miles Scofield - Scofield Ma.4ne ConxultLug jMaci.Ch..a~ S.~. o?:,.Environmenu,.1 Policy Facilitator- The Consercancy m,: Srrath, Regional Biolo~ - Department of Environmentfi Protection _ Clarence Tears, Director - ~ig Cypress B~in Fred N. Thomas, Jr., - Greater Immokalee Chamber of Commerce ~ ~ ~i~~: NONE GROWTtt MANAGEM~EN'f' IMPACT: NONE MAY 2 0 t997 P~. /' ]~,_QJqM'ENDATION: That the Board of County Commissioners approve the request for rc- appointment/appointment of members to the Lake Trafford Restoration Task Force; extend the task for 1 year v6th an expiration date ~fMay 7, 1998; and, direct the County Anomey to prepare a resolution cmu~z~g the extension of the task force and the appointment of members. Prepared BY: ._~~3 ~ '~~_.-~-) D.t,: '~/'~_.._ ,~O /~, Sue F:dson~Adm!rtis~r~tive Assistant ' O " Board of Coumy Commissioners l~y 1, 1997 THt:: LAA'h: 'I'R,'t I"I"ORD RESTORA TIO/V T-ISK FORCE Sue Filson Administrative As.,istant Board of County Commissioners 330I Tarniami Trail East Naples, Florida 34112 Dear Sue: Attached is a current list of the Lake Trafforfl Restoration Task Force members who are actively involved in the restoration of the l~e. We are du~ to zumet ~ June and need to have the memb~r~ reappointed or ~po~nt~ to a thr~ y~r teem. It will take tl~ krug to compile the restoration of Lake Trafford. Thank you very much for your handling of*dais matter. Sincerely, ....... ~f',~. Ch,sh-man '~-~ ¢¢: l~ic. Tra.fford Rc~storafion Task Fcme NO. ~_~__~.~_~_ MAY 2 0 1~7 SEN[ BY:CC N0US[N~ AUTHOR[TY ; 5- $-I1 ; 3:10PM ; CCHA4 I743802;# 3 I:~STOI~TION TASK FORCE South A~ubon Society 375 ~ Eoad 1)~57-66Z2 r. Eric ~ · kia W~ter 3301 Cktb Photo: 1 Gib~ou Se"~or 33ol Pb,D., P.G., Gaff G. Contra I 1~1~. N., 3~ Floor ~ri~ 32952 [~02 l~x I~ 6515 P~ P~: 2295 Vi Ft. ~, I~,c~ ~4142 )41)657q5517 Plxm~: ! ~4I)332-6975 I)332..6969 No HAY 2 0 l~97 BY:CC HOU$IHO AUTHORITY ; 5- 5-i~ ; 3:10P1 ; ??&3502;I 4, 55! N~ Fax: (~108 ob~,F~,~ -s~- 6001 L~: Tmffopt1~.o~ P~ (~~ 3584..B /~imomi Euvimn 'I~ Co2 1450 33942 ~.~p Form~ w~r W, llin~n. ~ 3 ~414 l,ho~s: AGENDA ITF...H .o. ~A¥20 SENT BY:CC HOU$II~ AUTHORITY ; 5- 5-'g; ; ]:11PI ; CCHA'* ;?11802;I $ 6167 NN~Ie Photo: F~x: (<. F, ar~ :13942 I941)$97-1~0~ ~1~97-4997 Jr., cYo Photo: Fsx: (9 Farm ~ork~ Way ~ Fk~id.t 34142 ~1)~$7-3~49 LI)657-7'232 NO,~ HAY 20 1997 Pg.~ A RgSOLU'I'ION r.,STABI..ISIIII~G TILE; LAK£ ?RXFFORD ~ORXTIOH TASK FORCT. WHEI~.AS, ~a~k Ibr~ ~ ...... NOW, TI.XE]O~OP-E, e~ ~ COMTvflSSIO~S OF CO~ COUNTY, lq. ORIDA, dmt:. t. Th~ t~ Tr~*~l lkmomlofl Tuk l~ofl:m is bet'da, ~ ~ ~ ~ ~ O) ~ 2. ~ f~ ~ ~ ~Y ~ to ~ ~e T~ ~~ T~ Paul Van Bu~cirtc, ~ Ed Cadme · C. mfl (3. Gibso~ Ph.D., P.G. · Fr~r,k Moc,~lo . . Jeck~e Smith ~ Fr~ H. ~ Jr. DATED*. May 7, 1~96 BOAILD OF COUNTY COM;~flSSIONERS COt/IEP, COUI, rTY, FLORIDA By:._' " ~ JOH:N C. NOIUUS, Ch~irm~n /.. 1997 May 7, 1996 All those in favor, signify by saying aye. O~posed? There are none. Maybe give this person a little extra =imm to tb{nk about bad checks. Item $10B RESOLUTION 96-225 ESTA~LISH'X~ T~ ~ T~AFFO~~TI~ TA~ FORCK We're now ready for Mr. Fred -punctual' Thomas here. He =old me he would b, here before eleven o'clock and, by golly, he lived up =o his word. MR. THOMAS: For =he record -- CHAIRMA/~ NORRIS: By =he way, I =old you I would have this on at eleven o'clock, and i= looks like I'm a couple minutes late. COM~ISSIONER HANCOCK: Don'= accept his apologies. COM24IS$IONER MATTH~"WS: Before Mr. Thomas gets started, mos= of you received a memorandum from me yesterday putting this on the agenda. If you don't have it wi~h you, I have extra copies of =he chamber letter that we received. If you need them, they're here. MR. THOMAS: My name is Fred Thomas. I'm operating today as president of the Immokalee Chamber of Commerce. Let me first thank you not only for this audience but for so graciously supporting our project graduation earlier today. I wa~t tO thazlkyou all for It's going to make it very easy for us =o keep the kids on the right track during the graduation and celebrations. We have a Drobiem at Lake Trafford. And ~he problem is caused by an mlgae bloom, ~n algae bloom that when the ~un is shining bright can give ycu eight par~s Der million in a lake ~hat only needs five 9ar~s Dmr million. But when you have a lot of rain and cloud cover like we had in the last several -- wi=him the last month and a half, ~he oxygen levels ge= reduced to less t~u~n one par~ Der million. This is ~he reason why we had a fish kill that killed off about 60 D~rcen= of %he fish population in =hat lake estimated by the fish and wildlife fc!ks. We're asking that a task force be fo~ed similar to the Clam =ask forcm to look at restoring Lake Trafford, okay. Just -- if there is any fi~he~n in =ha room, I'm an avid fisherman. I fish ~he lake all ~he tLme. Until I went out there the morning of the fish kill I had no idea of the nu~ers of large-mouth bass =hat had been'eluding me in the 10 years I was fishing in that lake. I just did no=. COMPLI$SIO~.~R MA~S: You just need to ~endmore than 1,000-hour segments out there. MR. THOMAS: That's =rue. That's =rue. We're ~alk~ng over 350 bass over 5 pounds. There were over 100 bass over 10 ~ounds, and =here were a couple ~hat were in the 14-~ou~d range. I mean, ~here were a lo~ of huge -- that's just t/~e bass. That's not talking about the shell cracker you could walk across And t~e blue gill and the brim and we tO do something about it. w~ AG~N0 We don't know wha= the com~le=, =nswers ar-. I thought ~ b~'~ had an idea of what the answer -- what the besn answer woul Ymy 7, 1996 Oe have people coming out because of ~he press coverage out of t_he woodworks coming up with new technology, new things ~hat are being used around the world. And I mention that because there is a side benefit to you all taking a le~d in doing something about this. We have an industrial park with an international trade zone in i= and tax credits coming to us through an enterprise zone t_hat was passed with Senate Bill 958 last weekend. We could be a demonstration site for a number of these technologies, which is what we -- what %,ould help the overall economy of Immokalee and help with the airport and industrial parks. So any solution we come up to I see it as a double spin off in helping the overall economy in addition to sporting goods but also to jobs based with the number of types technology that they have. Just to give you an example, one of the problems in dredging the lake is where are you going to put the water, and how do you get =he water back in the lake? When you're talking about trying to re~nove 7 million cubic yards of muck, that's a lot of water. But the Japanese have a new dredge that dewaters the muck as you pull it out. They're looking to get into the United States market. COMMISSIONER MAC'KiE: The United States muck market? MR. THOMAS: Muck market. And we have two things going for us, and that's an international trade zone where they can do some constriction and assembly and what have you and a demonstration site right here at Lake Trafford and get our muck done almost free. Another concept that's gone around that you'll see up and  live at Corkscrew Swamp Sanctuary is a living system for treating the ~iomass. That is a~nother thing that would go great and provide an asset. So we just need =he technical people to be appointed by you folks in the form of a task force to begin to look at the most reasonable, best ways of getting this done, finding the sources, federal, state monies to make it happen, and come back wit/1 recommendations to you. So today we're asking you to appoint that task force. COMMISSIONE. R CONSTANTINE: I've got to tell you the list is attached here is a pretty impressive list you've assemble~. ~R. THOMAS: Ail of these people have agreed to several on this task force. CHAIP~<A~N NORRIS: We need a motion then. C0~/w.!SSIONEP, MATTHEWS: We need a motion. I'll make motion. Essentially the motion is for BCC =o recognize the task force as ~. advisory board =o the Board of County Commissioners similar to =he mangrove =ask force and that we allow staff to put their time and effort to =he creation of grant applications and so forth in of the task force. CHAIRMAN NORRIS: ,Mr. Weigel has a litzie comment he wants to m2uke. MI{. WEIGEI,: It would appear that you're creating one of the ad hoc commit=ess or task force which under our ordinance have a requirement if it is to exist one year or less to be approved by resolution. If it's longer =hen one year, it would be by o;rdinance. COF/~I$SIONER MATTHEWS: I would hope it would be less t~ year that we come to a solution. CHAI~hVJ~ NORRIS: As to an ad hoc, if we need it we can Page 41 Kay 7, 1996 if we're not finished wi~h it. reestablish year MR. T~OMAS: Everything that I've been hearing about this we c~n probably find a solution within a year, but the implementation, dredging is going to take a minimum of two years. The o~her technology that I was talking about, using the living lab, would take many years. CHAIRMAN NORRIS: But this is only in reference to ~he establishment of the task force itself. If it's a year or less, ~hen we can do it simply by resolution? MR. THOMAS: Okay. Thank you. COMMISSIONER MAC'KIE: I want to second the motion. I Just want -- I'm a little troubled by what your analogy to the Clam Bay task force -- because I wan=ed to commend Immokalee for not coming in and asking for a check and instead say we're going to find solutions to our own problems. So to the ex=ent that it's like -- COMMISSIONER MA~WS: Well -- COM~ISSIONER HANCOCK: Was that a jab? COMMISSIONER MAC'KIE: That was a jab. COMMISSIONER HANCOCK: My kidney, it hurts right here. COMMISSIONER MATTHEWS: Immokalee has elected to do ~hat, and we, with the help of Fred have gotten together an excellent task force. What we need the Board of County Commissioners to support is that we're going to need staff time and effort to proceed with various grant applications and so forth. COMMISSIONER MAC' XIE: Second. COMMISSIONER MATTH~TWS: We are looking for grants to fund it. CF,~IRMAN NORRIS: We have a motion and a second. Ail those in favor, signify by saying aye. Opposed? There doesn't seem =o be any. Thank you, Mr. Thomas. Page 42 HAY 2 0 PG. E~C~IVES~Y RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE TOURIST DEVELOPMENT TAX, PROVIDING FOR ADOPTION OF GUIDELINES FOR CATEGORY B FUNDS; PROVIDING AMENDMENT TO ALLOCATIONS TO ALLOW EXPENDITURES FOR FISHING PIERS; AND PROVIDING AMENDMENT TO ALLOW THE COUNTY TO RETAIN FUNDS FOR ADMINISTRATIVE COSTS. OBJECTIVE: That the Board of County Commissioners adopt an amendment to County Ordinance No. 92-60, as amended, to adopt guidelines for Category B funds, to allow expenditures for risking piers, and to allow the County to retain funds up to three percent for administrative costs. CONSIDERATIONS: On August 18, 1992, Collier County adopted Ordinance No. 92-.60 to provide for a levy of a ~'o percent Tourist Development Tax throughout Collier County. An additional one percent tax was added by ordinance amendment on October 25, 1995. The Board has previously directed Staff to amend the Ordinance to adopt Tourist Development Tax guidelines and to allow expenditures for fishing piers. The Board also desires to amend the ordin~ce to permit the Co'.mry to retain fimds for administrative costs. The proposed Ordinance provides as follows: Ao Co Category D is added for the acquisition, construction, maintenance, repair, etc. of one or more risking piers which are publicly owned and operated. The funding allocation is the amount budgeted by the Board of Commissioners each year not to exceed $200,000.00. Funds in this account shall accrue at the rate of three percent of net revenue if budgeted. Category A, Beach Rcnourislmaent, will be reduced by the amount budgeted for this Category. If the Tax Collector retains less than the three (3%) percent of the tax collected for administrative costs, then the County may retain an amount up to three percent for administrative costs of the County, provided the aggregate amount rmained does not exceed three percent of the tax collected. Guidelines for Category B funds, wkich are attached to the Ordinance as Exhibit "A," provide as follows: Quarterly meetings of the Tourist Development Council arc scheduled for the third Mondays of January, April, July and October; Category B-2 applications (formerly Category C) will be heard only and October meetings; at the April AGENDA ITEM Pg. I Tom'iv D~.elopm~t Tax Ord/naz~ ~ Page 2 The ~election criter/a by thc Tour/st Dev~lopmen*, Council m~y include the following: 'J~ i,.bility to promot~ iouri~n nsiiomdly snd intern~io~, the sbi!ity to gev~ room ni~ht~ lh~ ~bility to pwmou: si'xmlder snd off scawn, the ~bility to a~tract oui-of-county visitors; C. sI~IF~ B-2 ~r~ for local proj~ ~d ~tiviti~ which ~ W~ F~ ~li~o~ ov~ $~,~.~, f~l ~ ~ ~ ~ for ~e ~~g ~ ~oOon ~ d~ ~ ~te~ B-1. A f~ ~~ ~ ~e ~ ~ ~ ~t~ by ~s ~j~ti~. Ofle web ~ h ~e O~ ~ ~l~s ~iafion; ~d Applic~-nts will b~ r~quL-~l to ewlua~e ~ moniior ihe tourism impact of fl~ sdve~i~g ~d promotion of ~hc eyre.! or ~ivity. Thu ffuidclines for beach rcnou.fidU'l~Cnt ~e. not /ncludcd in this ~m~cnL ~ arc b,~g revie~v-.,d by the be~ch committee. ¥1SCAL IMPAq: Thc amount coll~ctod rem~ thc same, however, ~he slloc~ons ~-' redistribute., GROWTH ,hl~AGErvlEi~ IMPACt: NONE RECOI~d, ENDATION: 'rna: ',he Board of Coumy Commissioners ~lopt .fl~c prop~.~ ~cadm~t to G'r~diz~,~ Nc. 92-r~. Date Approv~ by: Count} ^ttom~' h:'s,~g~'-~;;~ ,,m,~nm ,-~1'DC Ordi~e Amend,m~t AGEN DA i.T~.I~ x ~o. ~t a ¢c~tq) t4A/ 2 d 2 6 9 11 12 ~3 16 17 ~9 2O 22 24 25 26 27 28 29 3O 31 32 33 3a 35 37 38 39 aO 42 43 ~ ORDI'K~C~ ~NDI~G O~I'IO~C~ 1~. 92-~0 ~T~G ~ ~ ~ OY ~ 2t ~T D~~ T~ ~ T~OUG~O~ CO~Z~ C~ ~ OPTI~ TO~ST D~~ 125. 0104, ~A STA~S, ~~ ~ SE~I~ ~ C~~G ~ USE OF T~ ~S ~ ~ ~ZT D~~ PR~D~G ~R ~ TO SECTI~ ~ (G) TO ~ ~ C~ TO ~T~ ~MINZS~T~ COSTS; CODE OF ~S ~ O~~S; ~ E~CT~ DA~. WHEREAS, Section 125.0104, Florida Statutes provides for. the levy of a local option tourist development tax by any county; WHEREAS, the Board of County Commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier Ccunty for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and tourist development plan; and WHEREAS, the proposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTIO~I ONE: Amendment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended to read as follows: SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to this Ordinance and the tourist tax rewnues previously collected from November 1990 to November 1991 pursuant %o Ordinance No. 90-43 shall be us, d to AG£NDA~T~M. No. 1- fund the Collier County Tourist Development Plan, which is hereby adopted as follows: 7 TOURIST DEVELOPMENT PLAN ~ The two percent (2%) tourist development tax shall be levied 9 throughout Collier County beginning the first day of the second 10 month following approval of this Ordinance by referendum. The 1! tax district shall include the entire geographic area of Collier 12 County, Florida. The anticipated revenue for a two percent (2%) 13 tourist dmvelopment tax for all of Collier County over a 14 twenty-four (24) month period is Seven Million Dollars 1~ ($7,000,000.00), less costs of administration. ]6 The additional one percent (1%) tourist development tax 17 shall be levied throughout Collier County beginning the first day 18 of January, 1996 and terminating on December 31, 1999. The tax ]9 district shall include the entire geogrmphic area of Collier 20 County, Florida. 21 1. The categories of use of the two percent (2%) tax 22 revenues by specific project or special use'are hereby listed in 23 the order of priority and include the approximate cost or expense 14 allocation for a twenty-four (24) month period for each project 15 or use as follows: 26 27 2S 29 30 3] 32 33 34 3~ 37 38 39 ~0 43 CATEGORY A - To finance beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance. Approximate cost or expense allocation Percentage of Net revenue $4,200,000 60%, reduced by the amount required for Category D. CATEGORY B - To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County. The guidelines for 'iategory B funding are attached"as Exhibit "A" and incorporated herein. 2 o Words un~erline~ are ~4¢4; words ~ am deleted. 1 ? I ~0 12 14 19 2O 2! 22 23 2~ 2~ 26 2: 2~ ~9 32 33 3~ 36 37 39 ~0 41 ~9 $1 ~2 CATEGORY C - Approximate coat Percentage of or expense allocation Net revenue $2,310,000 33% ~o 40% The percentage of net revenue within Category B shall be further specifically allocated as follows: ~el Pot tourism advertising and direct marketing - $1,750,000 25% 2b) For local projects and/or activities which promote tourism - $560,000 to At least 8%, but up to 15% $1,050,000 depending on amount budgeted by the Board of County Co~mmiaaioners for Category C. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums - Approximate cost or expense allocation $0 ~o $490,000 Percentage of Net revenue Amount budgeted for this Category by the Board of County Commia~ionera each fiscal year, but not to exceed 7%. This mmount may be amended upwardly or do~mwardly prospectively from the date of the budget amendment approval, provided that the amount of the a--~gregate allocation per fiscal v_._ea__[r ~ does not exceed 7% of the net revenue. CATEGORY D - To acquirer constructt extend enlar e ~sna~3_~_~mp~ove, maintain, ~p3rate or_~o_~e one or more ~ piers which ar~ owned and o~erated. ~ Approximate cost $0 to $200,00~ Net revenue ~mount budgeted for thi~ ~a~eqory by the Board o~ C_9~n~ Commissioners each f~iscal yeart but n_ot to e~xceed $200t000. Fund~ ~hall accrue at the ra~e of th___r9e percent of ncr re._Q~enue if bud ete~ Thi ~oun~.ma be amended ppwardly or downwardl~ prospectively from the d~ Wo~ ~W~Jj~ are ~dd~d; word~ ~ are AGEND~ rIEM 2 u Sg? I 2 3 4 6 of the budqet amendmen~ ~_~_~oval~ provi6ed that amount o! the aq~reqate allocation per fiscal yea~ ~oes not exceed $200t000- ? It is the intent of this Ordinance that the above uses shall be a funded separately, but simultaneously in the above percentages 9 regardless of the actual amount of net revenues 10 Upon expiration of the additional 1% tourist development tax ~1 as described in this plan, the Tourist Development Council may 12 request the Board of County Commissioners to review the funding I~ slloca=ions at five year intervals. 1~ 2. The additional one percent (1%) tax revenues collected 1~ pursuant to Section Two (F) shall be used to finance beach 16 improvement, maintenance, renourishment, restoration and erosion ~7 control. ~ 3. The revenues t¢ be derived from the tourist development 19 tax may be pledged to ~ecure and liquidate revenue bonds in 20 accordance with the provisions of Section 125.0104, Florida :! Statutes. Such r~venue bonds and revenue refunding bond~ may be 22 authorized and issued in such principal amounts, with such 23 interest rate~ and maturity dates, and subject to such other 24 terms, conditions and covenants a~ the governing board of Collier 25 County shall provide. This paragraph shall be full and complete 26 authority for accomplishing such purposes, but such authority 27 shall be supplemental and additional to, and not in derogation 28 of, any powers now existing or later conferxed under law. 29 4. The event bonds are issued by Collier County for any of 30 the purposes ~numerated by the Tourist Development Plan, the 3~ amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance $6 improvements for the same purpose and which are secured by the 37 tourist development tax, must not exceed the stated p~rcentage of 38 tourist development tax receipts provided in the Tourist 4 o Words ~ ~ added: words aeq~els-tlwm~4t ate del~ed. I Development Plan for au::. Durposes, ss calculated aa of the date 2 of sale of such bonds. For purposes of performing the 3 calculations described in this paragraph, the amount of tourist 4 development tax receipts shall be assumed to be the amount $ provided as such in Collier County's immediately preceding annual 6 audit, plus, if the levy of such tax was imposed or increased 7 subsequent to the beginning of the period which was audited, an ! amount equal to the estimate by the County Manager of the moneys 9 the County would have received if the tax imposition or increase ]0 had been in effect during the entire audit period. At or prior I! to the issuance of bonds the County Manager shall provide a 12 certificate as to the findings required in this paragraph, which 13 certificate shall be conclusive as to all matters provided 14 therein. 15 B. The above and foregoing Tourist Development Plan may not 16 be sub~tantially amended except by ordinance enacted by an 17 affirmative vote of a majority plus one additional me,er of the 13 Board 'cf County Commissioners. 19 SECTION TWO: Amendment to Section £1even (G) of Collier 20 County Ordinance Ho. 92-60 21 Section Eleven [G) is hereby amended %o read as follows: 22 SECTION ELEVEN (G): The amount of administrative costs 23 retained by the Tax Collector shall be negotiated annually~ but 24 ~hall not exceed three percent {3%) of the ta~ collected herein. 25 The remainder cf the tax collected shall be submitted to the 26 27 28 29 31 32 33 34 3~ 36 37 ~ount_y_on a monthly basis. If the Tax Collector retains less than 3% of the tax collected for administrative costs~ the COUNTY may retain an amount up to 3% for administrative costs provided the aggregate amount retained by the County and the Tax Collector does not exceed 3% of the tax collected. SECTION THREE: CONFLICT AND SEVEP. ABILITY. In th,~ event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of thi= ordinance is held invalid or unconstitutional by any court competent Jurisdiction, such portion shall be deemed a separate 5- Words ~derlinedare A(~E. NI::L'a. LTEM,, No., la( c {qA'f 2 d 1~i97 10 12 13 14 16 17 18 ~9 20 21 22 23 24 26 27 2& 29 3O 32 distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS ~%ND ORDINA/~CES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: £FFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this --__ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman Approved as to form legal sufficiency: H'~idi F. Ashton Assistant County Attorney ~F^~e~/f.~Dtdieance~Rrvi~d Tou~s: T~x C)rdin&~cc. 97. Words ~ are added: words wa~ek-d~e~lk ate deltled. Ill MISSION STATEM2ENT The goal of thc Tourist Development Council is to advise thc Collier County Board of Commissioners with respect to the expenditure of Tourist Development tax revenue. The goal of Tourist Tax expenditures is to promote tour/sm in Collier County with an emphasi~ on the shoulder and off season of May ~u'ough November. 1) 2) APPLICATION AND REVIEW PROCESS ~. The Collier County Manager or his designee 8hall be the administrator of the Tourist Development Council (TDC). Applications and information for project funding should be obtained from: Admir~istrator/Direct or Collier County Tourist Development Council County Administrator Office 3301 Tamiamj Trail East Administration Building, 2" Floor Naples, Florida 34112 (94i) 774-8717 ~. Ail applicants shall be required to complete an application p~ckage which shall be used to determine eligibility and priority of funding. All applications must L,~clude a comprehensive marketing action plan which address= the mission w, atement of the Tourist Grant Program and a time line with particular emphasis on generatiag room/nights. Fifteen copies of the application must be submitted. Ali applications must be submitted thirty (30) days prior to the next TDC meeting. Quarterly meetings are scheduled for the third Monday of January, April, July and October; however, Category B2 applications will be heard only at the April and October meetings. The TDC Administrator will advertise the schedule of quarterly TDC meetings on or about September of each year. The TDC Administrator will review the application for completeness. Incomplete or insufficient applications will automatically be returned. Minor irregularities may be waived by the Tourist Development Council, and supplemental information may be provided by the Applicant prior to the meeting at which the Tourist Development Council will consider the application. The TDC Administrator will submit the application to the TDC with an evaluation relative to the selection criteria. The TDC will then m~e its recommendation to the BCC. The BCC will rev recommendation and finally approve or deny Kraaling. w meA~DA' FI:EM .-- 3) 4) 5) ~P. Le~. Each applicant ~r,a;,, make a presentation before the TDC at the discretion of the Chitin'nan or by the acclamation ofth¢ Tourist D~elopm~! Council. Public comment shall be allowed either during or immediately after all presentations. C-a;mlr. l~. If approved for funding, all applicants will be required to sign an agr~mmi with Collier County in a form approved by the Board ofCounty Comrnissione~. ,~,Iiial_~lii~. The TDC will create its own selection criteria, but may include, without limitation, the following: the ability to promote tourism nationally and internationally, ability to generate room nights, ability to promote shoulder and off- season and ability to attract out-of-County visitors. DISBURSEMENT GUIDELINES FOR ADVERTISING AND PROMOTION CATEGORY (BI). I) 2) ~. A.ny governmental, or not-for-profifit entity is eligible for funding. E~. Funding may be used to promote Collier County or a specific geographic area within Collier Cmmty as a tourist destination through promotional activities common to destination marketing. These activities may include, but not be limited to, publicity, Public relations, advertising fulfillmcnt, and advertising/promotion by direct mail, television, radio, newspaper, magazine arieL/or any other media forms such as videos and brochures. It may also include reasonable expenses nece.';sitated by appearances at trade shows. All activities must promote the shoulder and off-season of Ma:,, through November. DISBURSEMENT GUIDELINES FOR LOCAL PROJECTS AND/OR ACTIVITIES WHICH PROMOTE TOUILISM CATEGORY (B2). 1) ~"J~~. Any governmental, not-for-profit or for-profit entity is eligible fbr funding. 2) ~-digiJSLAf,. '~. Eligible activities are programs, festivals or special events and local projects and activities which have a history of or the potential for attracting out-of-county visitors, either as participants or spectators, generating hotel/mote/, campground, room nights. Consideration will also be given to events which can generate national, state or regional media exposure for Collier County or a specific geographic area within Collier Counw. 3) U..,s~fFunds. For applications over $25,000.00, funding may only be used for the advert/sing and promotion as descr/bed above under Category B 1 of the local projects and/or activities which promote tourism. For applications under $25,000.00. TDC funds may be used for the funding of the local project and/or activity. _ For applications $25,000.00 or less, the following are ineligible expenditures: Pg._ lC:> I. Annual operating expenditures not directly related to the activity or project. 2. Employment of personnel not directly related to the activity or project and not speciHed in grant application. 3. Capital improvement, including but not limited to new construction, renovation, restoration and installation or replacement of ~xtxtr~. 4. Purchase o£tan~ble personal property, including but not limited to ogee ftm~shings or equipment, permanent collections or individual pieces of art. 5. Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6. Prize money, scholarships, awards, plaques, or certificates. 7. Travel not directly ~sociated with the project. g. Projects which aze restricted to private or exclusive participation except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should r~,ason. 9. Private entertainment, food or beverages except for invitational events which requh'e a prequalification ofpa~'ticipants through proven ability to generate hotel room nights during the Naples' area should season. 10. M -a. idng payments for goods or services purchased for previous or other events. 11. Events which are exclusively local in nature such as a parade. REPORTING REQUIR. E?vfENTS. All applicants that ~e awarded funding bom Categories B 1 ~nd B2 will be required to evaluate ~nd mo~tor the tourism impact of the advertising and promotion or the event. h:/e~"/h f~'TDC/g~ i d¢I in e $ AGENDA IT_rM.' Z 0 .RF~ONSIDERATION OF PETITION CU-97-1, AR ~n~d~ ~e ~on of ~e Bo~ of C~ ~~o~ to ~p~ m znu ~mplz~ ~m ~ons of ~ ~ ' prior ex.five ~ pac~ge is a~ch~' h~o. z~lution ~ b~n dr~ ~o refl~ ~o~ to ofCoun~ Co~sslon~s d~de to ~pprove I~O~AGZMENT IMPACT: ]PLANNI'NG COMMISSION RECOMMENDATION: Thir rw~o~ideratio~ i~ si ~he Board~ direction. Should ~ to ~e y~r ~prov~. ~F PLA~ER I~KY ,~ 0 E~J7 ; i' ~A~2 o EXECUTIVE SUMMARY PETITION NO. CU-9?-I, ARTHUR C. QUINNELL REPRESENTING PETER M. ANDERSEN, REQUESTING CONDITIONAL USE '4' OF TI-IE C-4 ZONING DISTRICT FOR NEW AND USED BOAT AND AUTO SALES FOR PROPERTY LOCATED AT 1995 TAMIAMI TRAIL EAST, FURTHER DESCRIBED AS LOT 4, TRIANGLE SUBDIVISION AND THE NORTHWESTERLY 98.28 FEET OF PARCEL A, IN SECTION 11, TOWNSHYP 50 SOUTH, RANGE 25 EAST, COLLDER COUNTY, FLORIDA, CONSISTING OF 0.97 ACRES. This petition seeks approval of a Conditional Use to the C-4 zoning district for the purpose of establishing a Used Car and Boat dealer business. CONSIDERATIONS: The property lies on the north side of the East Tamiami Trail midway between the intersection of Davis Boulevard and Commercial Drive. The subject property is zoned C-4. Used cars and boats are conditionally authorized v~s of land in the C-4 di.~trict (SiC 55:21 (Used Cars) and 5551 ('Boat Dealers). The'petitioner is requesting conditional use "4" ofthe C-4 district. The petitioner proposes to use the property, which has been abandoned and previously used for new & used automotive sales, and as a f'.,,st food restaurant. A conditional use of lhe property (i.e. CU-94-8) for boat sales was never utilized, and has therefore ceased to be etTecdve. The property is deemed consistent by virtue of the Zoning Re-evaluation process, lhrough which lhe property retained its C-4 status as improved property, and therefore consislent with FLUE Policy 5.9 Commercial Zoning is also deemed consistent based on its relationship to o~mmercial under criteria. Conditional uses do not change these relationships. As a result of the reuse of the properly and this conditional use approval ibc County was empowered with the ability to apply current development standards for site improvements, most notably landscaping. The site development plan reflects these improvements and a driveway configuration which has been approved by the FDOT who has jurisdiction over U.S. 41. Conditional uses require a finding on the part of the Planning Commission pursuant to Section 2.7.4.4 of the Land Development Code. These findings are described in the companion staff report which was approved by the Commission. Generally the findings support a recommendation for approval. The Collier County Planning Commission heard this petition on March 6, 1997. They unanimously recommended approval of this petition. No person spoke or otherwise communicated any objections to approval of this petition. I t/lAY 0 1997 MAR 7 IrISCAL X]VITACT: Approval of this conditional use will have no direct fiscal impa~ on Collier County but does provide ~n opportunity t'or this vacant property to be reoccupied and to ~nction with said commercial a~-tivitie~ the effect of'which will be to increase property valuation and tax revenues. GROWTH MANAGEMENT IMPACT: ~q'one PLANNING CO~fM'ISSION RECOMMENDATION: That Petition CU-97-1 having the effect of authorizing conditional u~e "4" SIC 5521 and 5551 Used Ctrs smd Boat De.~ers to the C-4 Intermediate Commercial District as described by the Re~olution of pon smd E~ tx~ibit~t'~ons of appr°val) be appr°ved. A . DATE / CHIEF ]PLANNER REVLE~WED BY: _ . CURRENT,_ P~t.A NNP~ G, MA bIA.G E R DONALD W. ARNOLD, AICP DATE PLA~LNG SERVICF~S DEPARTMENT DIRECTOR ~CENT A, CAUTERO, ADM~'IST~TOR DATE COM~!~ DEV. AND ENY~ONMENT~ SVCS. cu-~"/.I ~ SLrkO~ARY~d MAY 2 0 1997 TO: MEMORANDUM C' PLAN~q'NG COIvfMISSION S :RViCES DIVISION DATE: FEBRUARY 11, 1997 RE: PETITION NO: CU-97-I '4" OF C-4 BOAT DEALER AND AND AUTO SALES MOTOR VEHICLE DEALERS (USED ONLY) OWNER/AGENT: Agent: Arthur C. Quinnell, PE, L.S. P. O. Box 524 Marco Island, Florida 34l 46-0524 Owner: Peler M. Anderson 3406 Enterprise Avenue Naples, Florida 34104' BEOUESTED ACTION: The subject property is zoned C-4. Used cars and boats are conditionally authorized uses of land in the C-4 district (SIC-5521 (Used Cars) and 5551 (Boat Dealers). The petitioner is requesting conditional use "4" of the C-4 district. 7 QEO~RAPHIC LOCATION: The property lies on the north side of the East Tamiami Trail midway between the intersection of Davis B,,oulevard and Commercial Drive (see illus:r.,:ion following pa.et). ~PURPOSEff)ESCRIPTION OF PROJECT: The petitioner proposes to use the property, which has been abandoned and previously used for automotive sales, for boat and used car sales. Because the conditional use of the property was abandoned for a period of more than twelve (12) months the previous conditional use is no longer valid. AGENDA hTE~ NO. ~ MAY 0 1997 .1 AGEI 1997 re rf SURROUNDING LAND USg AND ZONING: Existing: The site for all practical purposes consists of impervious surface area with a 1 story CBS structure approximately 30' by 40'. The area is approximately 0.97 acres with 148 feet of frontage. A portion of'the site contains a body of water which nevertheless is pan of ~e lot and is to I~ reclaimed. This body of' water is not essential to the storm water requirements of this zrea. The property is zoned C-4. .0 Surrounding: North - East - South - To the north lies property which fronts upon the sot,th side of Davis Boulevard and which is commercially developed, and includes used car lots. The prop. eny is zoned C-4. To the east the land is commercially developed with a U-Haul Vehicular rental establishment. The property is zoned C-4. To the south the Iud is commercially developed 2nd is zoned C-4. To the west the. 12nd is commerci~ly developed (i.e. the former Bob Taylor Automobile agency). The property is zoned C-4. ~ROWTH )~!A,NAG~B'IENT PI,AN (~O.NSI~,TENCY: The property is deemed consistent by virtue of the Zoning Re-evaluation process, through which the property retained its C-4 .status as improved I~ropeny, and therefore consistent with FLUE Polity 5.9 Corr, mercial zoning is also deemed consistent b~d on its relationship to commercial under criteria. Conditional uses do not change these relationships. ~I_STO RIC/_A R CHA EO LO GIC'A L I91 PA CT: analysis indicates that the petitioner's l:repeny is located outside an area of historical and archaeolo.gi~l probability as referenced on the o,'=fici~l Collier County ?robability M'ap. Therefore, no Hi~orical/A~'chaeological Survey and Assessment is required. .._ ~VALUATION FQR ENVIRON~IENTAL. TR-~NSpQRTATIQN AND INFRASTRI, JCTIJRE: The subject petition has been reviewed by the appropriate staff respons~ie for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environment and engineering staff, and the Transportation Services Division staff'. AG ~N~D) Rtr~, No. ~ Il/kY 0 1997 Their recommendations are reflected in the recommended Resolution of Adoption. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and lhe criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted !n Section 2.'1.4.4 of the Land Development Code thus requiring staff evaluation and comment, and :hall be used as the basis for a recommendation of approval or denial by the Planning Commission co the Board of County Commissioners. Each of the potential impacts or considerations identified during the s'tzff'review are listed under each of the criterion noted below, and are categorized as either pro or cons whichever the case may be, in the opinion of staff. Staff review of each of' the criterion is fo'.io,,ved by a summary conclusion culminating in a determination of' compliance, non-compliance, er compliance with mitigation. a. Consistency with this Code and Growth Management Plan. A development order apT, royal that is consistent with applicable elements of the GM? and provisions of lhe LDC, must be considered on the positive side of conditional use evaluative criteria. Not applicable in view of its consistency evaluation with the GMP and LDC. ~ummary Conclusion (Fi_~in_es~: TEe proposed use is authorized in the Urban Mixed Use designated areas in zoning districts th~; s'.:bsequently provide for the use, either as a permitted or conditionally permitted use. Subseq,_'e.",tly required approvals, namely the Site Development Plan application process provides the ep?onunlty to ensure the; all applicable requirements of the Land Development Code are corn?lied with. This responsibility lies with administrative staff. bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety n,d convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: i) ii) The property fronts upon z ~ate highway, and has historically enjoyed the right of ingress and egress, wi'.ich is subject to FDOT zpproval. No local streets are impacted. Con: None. Summary_ Conclg$ion (Findings~: The property has traditionally enjoyed access to and from the East Tamiami Trail/U.S. 41, a highway under the jurisdiction of FDOT. As a consequence of 3 of recent actions involved in the acquisition of land for w{dening, U.S. 41 driveways w~ll be authorized and some may be revised, however, access cannot be denied. Access geometry w{ll be designed to make ingress and egress movement as safe as possible. These movements are restricted to fight in/out. The proposed use may be & preferred use because it generates less traffic movements than most other authorized uses given its relationship to a congested highway segment. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: i) The use of the property is no different than the uses of adjacent properties. Historical uses have included boat and auto sales activities. Corn None. Summary_ Conclusion (Findings); A boat dealership and uied car sales lot will not adversely affect adjacent .property which for ail practical purposes function in a similar manner (i.e. U-Haul rental and automotive repair). This criteria typically is applicable to zoning actions that introduce uses that affect residential areas, or place ~n industrial use next to an office use or people oriented business. The conditional use is not one v, ith significant elements ofnoil;e, glare or odor effects. d. General compatibility with adjacent properties and other property in the district. Ez..,z i) C, Qn; None. The proposed use is similar in character to adjacent existing land uses. .S_~.m._.,mary Conclusion (Findings): When uses are of similar intensity and character they are most obviously compatible. Both adjacent propeaies store and deal with automotive vehicular products. The sale of boats is not materially different than an activity that rents large vehicles such as the adjacent U-Haul rental facility. Most of the land uses in the immediate area deal with automobiles and their repair or servicing. General Observation_'. Proximity of the site to public boat launching facilities and its nearness to the waterway give credence to this petition. There is also a concentration of used car businesses near this property and generally along Davis Boulevard. 4 STAFF RE(7OMMENDATJQN: That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-97-1 having the effect of authorizing conditional use "4" SIC 5S21 and 5551 Used C.~rs tad Boat Dealera to the C-4 Intermediate Commercial District as described by the Resolution of Adoption md Exh~it thereto. . RI~XL'~ NatO, A~CP DATE CHIEF PLANNER KEVIEWED BY: CUP, JLENT PLANNING MANAGER _ D ON~A-L'T-~¥.'-ARNO L D' AICP PL_AJN~TNG SERVICES DE,~.RTMENT DIKECTOR VII',ICENT A. CAUTEP, O, ADMINISTRATOR COi~N'ITY DEV. ANrD ENV1 RON~ENTAL S VCS. DATE . D ATE DATE Petit[on Number 2U-97-1 Start'Report for March 6, 1997 CCPC meetin8. NOTE: This Petition has been advertised for The March 25, 1997 BCC meeting. COLLIER COUNTY PL,~I~"~tG CON'L'XflSSION: MICHAEL A. DAVIS, CHAIKMAN CU-97-l STAFF. REPORT/pal AGENDA lIEU No. ~ MAY II 01~7 P.O. ~ $24 Marco IsLl~d, FL 34146-0524 ARTHUR C. QUINNELL, PE,LS. Registered Professional Engineer la, egisu:red Profem, ional Sur,'eyor and M~pptr 1200/96 d.&N 0 6 1 It7 ........ Te,-.941,994-3065 Fx 941/394-4710 ,0 Community Dev~l~t Dillon 2800 lq. Hor~t~m ~ N~S, ~od~ 33942 R~: Conditioual Ur, e Application - P~r M. An&finn Dear Mr. Ncno: Tr-insmitte~l hcr~ith are t~ followini nntctiils for rrtcrenced cor.~itiooal u~ application: 1. Check in the amount ofi~:eO 7e.o. a,~ 2.17 copies of the c,xnp:¢t~ npplic~tion o -- 3.17 copie~ of the ~ncep~o~al Site ~ with location map 4. Signed and notar:,zc~ affidavit $. R~lueSl fvr ~zi~tr oI'T.I.S. (]-J~v:in) "' 6. RCClU~'t for ~',tcr of Historical/Atckatological sury~. '. z~d assc~m~n! (here~n) ?. Rtque..~ for ~,tr of Enviroruncmal Impact Stateracnt 8. Utility provio, ioru art not rt~Iuired as th~ prr~nt, ly ¢.xL~t and do not require acktitional ?l~a.~ be advi~ that rttcr~nced pro. jcct ~ al~..ro,,~d for ~ be, at iai-,', con~tional use Sept. 27, 1994, CU-944~, prior to ~'hich th-- Waiver ot T.I.S., the W&ivcr of E.LS., and Ihe Wab,'er of historical/atcheological su,'v~' ~d :,..v,c~mcnt ware gr'~tec~ Stnc~ no further im'orrn~tion, &'v¢lopment or other impact has transpired from the pr, tvious conditiom.1 u~, I run heroin m:lUeSting th,n~ ~ivtrs for this transaction. Plta~: be a~,if,~l also LMt the auto ~alts txu'l of thc condi',ional us~ request consists of used vehicl~ only. is entircly incidental to the boat r-~l~ and would have no all,ct on Ibc lraflqc sincc both arc in conjunction. Thc I~)OT right ofw~ ~¢ment ~ate~ that the e.xi~ng approacha wc~ld be rcplacecL Since their regulatic-~ h~ve cEangcd concern/ns this, I ~ making application for apptx~ach l~m~its and immediately upon ~ill furnish them to you. It is c.xpec~ that tl~s ~ transpire during the conditional use prcc~. Should ttclulre adva.,'~ce copies, ple~e a~4.se -' In rush.marion it is evi6ent that nothing has been 6one to affect the_' .mi'ormation furnished by the 1994 application for conditional u.se. Ho~'cr [/'you require fu~er information or data, plmse advise, cc: P~er~cn Vcvj truly yourx, ,.~', ,.~-'-~ Arthur C. Qulm~ll, P.E.L.S. AG£.~LOA No. ~ MAY 2 0 1997 -' ~ ..... .~". -~;~ -o -% PETITION NO. ~ COORDINATING PLANNER: 97- DATZ RECEIVED: APPLICANT NAME (AGENT): ~-1'~4u,~. C. ~u,~x~u PHONE: APPLICANT ADDRESS: ~.O. ~o~ ~'2-~: ~-~o I~,~, ~"~.. ~;~, PROPERTY O~FNER (PETITIONER) NA~E AND ADDRESS*:... ~-r~- ~. PHONE: 9u,./~- tl. Sg,~ DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: ~ I TO;,'NSHIP: ,~'o J RANGE: PROPERTY I.D. SiZE OF PROPERTY: Z~g FT. X !~__~ "..FT. ACRES: ~.~7 GENERAL LOCATION ~_ND ADDRESS OF SUBJECT PROPER~Y: ~q~ ZONING OF SUBJECT PROPERTY: C-d -EXISTING LM;D USE: TYPE OF CO~ITIONAL USE REQUESTED: N~, ~d%~O ~T 5',~m ADJACENT ZONING AND ~.ND USE: 0 ~ ZONING N m___~ s %[.~. 4...1 E w C-& L~2;D USE -1- 1. Styli zecomae~ation to the Plannin; Conmis~ion a~d the Planning Commission reconmend&tion to the Board of 2oning Appeals shall be based ugon the follcving criteria. Please respond to the folloving criteri&: Is this request consistent with the Land Development Code and Grovth Management Plan?~ y._% Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~tue'~.~ ~~,~, I. P~--~c ~ The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Compatibility with adjacent properties a~d cther properties in the district. __ SIGNATURE dF~ETITIO,;ER OR AGENT DATE LOCATION Utility Provisions for Conditional Uses and Rezones 2. ADDRESS: ~-oU ~.~-r,~=~)~l$~ ~-~r% A/~,S. ~_, PHONE: ~, 3. LEGAL DESCRIPTION: ~r ~ ~atc ~ A. CO~TY SYSTEM ~ ~~ B- CITY SYSTEM C. FRINCHISED SYST~4 N~2fE: , D. PACF~GE TR~TM~T Pk~;T C~ACi~ (GPD) E. SEPTIC SYSTEM ." 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): B. CITY SYSTE~.~ C. FRINCHISED SYSTEI.~ D. PRIVATE SYST~.! 6.. TOTAL POPUL~.TiON TO BE SERVED: ~10 7. PEAK AND AVE.~AGE DAILY DEI.'_'-_.'~DES: 1. %qATER-PEA2K 2. SE%.~ER-PEAK AVERAGE DAILY " AVERAGE DAILY ~ 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIO:;~_L WATER SYSTE2-:, DATE SERVICE EXPECTED TO BE REQUIRED: ~ 9. Provide a brief and concise narrative and schematic dra~ing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolatien ponds are to be used, then percolation data of soil involved shall ke provided from tests prepared by a professional engineer. "0 -1- NAY 2, 0 1997 10.' A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and sewage collection faoilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to.dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COM~ENTS: FOR OFFICIAL USE ONLY DENIED: UTILITI ES ADMINiST.~TOR -4 -2- AF¥~D~VIT say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and :ade a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit ~z~ C-. (AGENT,S NAI(E) to act as my representative in any matters regarding this petition. / ~!GNATURE OF OWNER State of Florida County cf Collier .,The foregoing Agreement Sheet ~'a$ a~.knowledc..ed before me this .p_e_rsonally known to me or who has produced ' ' as identification and who did (didSt) take an~tk. " · _ (S~n~tur~ of Notary Pu~ic). NOTARY PUBLIC Cor~ission ~ -1- State of Florida County of Collier ~ The forego3ng Ag.reement Sheet. %;as aQk~Qwled~md 3oefore this ~ally kno~__~l,~ or who has produced ' '- ! , who is l~entl£ication and who did (did not) take'a~ oath. ' as ~ignature of Notary Pub].ic) -- Commission # My Co~issio~ Expires: -2- ' MAR 7 ~ MAY ,~ 0 lggT' .ANGLE LA.If T,RI ' Of' T~[ TAk41&l,4! TRAIL ~ FORMF..RLT KNOWN AS DIXI[ ~I~HWA¥ ) tN SECTiO# II,TO~'No SHIP 60 SOUTH, RANGE 2S EAST, COL. LIER COUNTY, FLORIDA. £XC£PTING THERE FROM THAT PARCEL SHOWN &S 'PARC, EL A,EXCEPTED FROM THIS PLAT' AND TH&~. PART LYING WITHIH THE RIGHT OF WAY OF STATE ROAD S5S , . : ..; ~' ...'. /11 ACK P,I:$OLUTZON ~'7- A RESOLUTION PROVIDING FOR THE ESTABLISIOIENT OF NEW AND IISED BOAT AI~D AUTO SALES (SIC GROUPS 5511, 5521 A~D 5551) CONDITIONAL IISZ "4" IN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF TItE COLL][IiR COUNTY LAND DL~ZLOPMENT CODE FOR PROPERTY LOCATED IN S£¢.~2ION 11, TOWNSHIP 50 SOUTI~, RANGE 25 FAb'T, COLLI£R COUNTY, FLORIDA. ~-gERFAS, the Legislature of the State of Florida in Chapter &7-1246, laws of Yloride, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as ars necessary for the Srotec:ion of the public; and ~EREAS, the County pursuant thereto has adopted a L~nd Development Code (Ordinance No. 91-102) which includes I Co:prlhensiwe Zoning Ordinanc. ea~ablishing regulations f~r ~he zoning of par~i~mlar gmographic divisions of the County, among ~hich is the granting of '~onditional Uses; and ~ER~S, the Collier County Planning Co~nission, being the duly ap~lnted and constitu%~ planning boarO for th. area hereby affected, has held a public hearing after notice as In said rm~lations ma~m and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15.3 in a C-4 zone for new and used boa= and auto sales (SIC groups 5511, 5521 and 5551) on the property hereinafter dmscrtbed, and has found as a matter of fact (Exhibit "A") ~ha~ satisfactory provision and arrangement hays been made concerning all applicable matters re, ired by said rmgulations and in accordance with Subsection '2.7.4.4 of the ~nd Development Code for the Collier County Planning Commission; and .~ER~S, all interested parties have been given opportunity to ~ heard by this Board in a public meeting assembled and the Board hawing considered all matters presented. . NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APP~L~ uf Collier County, Florida that: -1- The pmtition filed by Arthur C. Quinnell representing Pater M. Andarlen with respect to the property hereinafter dtlcribad Lot 4, Triangle Lake and the Northwesterly 98.29' of Parcel A, as recorded in Plat Book 4, Page 38, of the Public Records of Collier County, Florida, Section 11, Township 50 South, Range 25 East. be and the same is hereby approved for Conditional Usa "4" of Section 2.2.15.3 of the C-4 zoning district for new and used boat end auto sales (SIC groups 5511, 5521 end ~551) in accordance vith the Conceptual Master Plan (Exhibit "B") and subject to the folloving conditions: ao The Planning & Technical Services Manager nay approve mi~or changes in the location, siting, cr height of buildings, structures, and improvements au%hcriaed by the conditional use. Expansion of the usos identified and approved within this conditional usa application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional usa application, and shall comply with all applicable County ordinances-in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). Final approval for' a Site Developnent Plan is contingent upon presentation of an FDOT Connection Permit or Notice of Intend to Issue such a permit. BE IT FURTHER RESOLVED that this Resolution ba recorded in the minutes of this Board. This Resolution adopted after notion, second an~ majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRF~_N APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~R.:o~u~ M. STU~T ASSIST~T COUNTY ATTORneY -2- FINDING OF FACT ]~ BY ! ~ COLLIER COUNTY PL~2~NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 ofthe Land Devlopment Code authorized the conditional use. ~ Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Yes P~No B. Ingress and egress to property and proposed structures thereon with particulaF re~erence to automotive and pedestrian safety ~nd convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~" No C. Affects neighboring properties in relation to noisy glare, economic or odor effects: ~-- No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: ~ Compatible use within district Yes--No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should~ be recommended for approval __ . ~ ' / · FINDING OF FACT CHAIRMAN/19242 FINDING O? FACT BY COLLIER COUNTY pL~,~ING COMMISSION FOP. A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land DeYelop~ent Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: A. Consistency with the Land Developnent Code and Growth Management P~ Yes . No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety-end convenience, traffic flow and control, and access in case of fire or catastrophe: ~ Adequate ingress & e~.ess Yes ~___~___No C. Affect~ neighboring properties in relation to noise/glare, economic or odor effects: \/No affect or Affect ~itigated by Affect canno------~ be mitigated D. Compatibility with adjacent properties and other property in the district: Comoatible use/'ithin district ' Yes L/.No _ Based on the above findings, this conditional use should, with stipulations, (copy att}~h~) (should not) be recommended for approval ~R~/V~ kEMBE · FINDING OF FACT MEMBER/19242 FINDING O? FACT BY COLLIER COUNTY PL~2;NING COM~IS$ION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: Consistency with the Land DevelOpment Code and Growth }~anagement Plan: Yes~ No Ingress and egress to property and pr6posed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e:ress ' Yes ~ ' No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect canno~ be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No ~ Based on the above findings, this conditional use should, with stipulations, (copy arc, ached) [should not) be recommended{ Ih_f°r approval ~}l~a~/l~./~ ,~/._.F~.._~_ ~ FINDING OF FACT MEMBER/19242 AG£[qLP.A IT£M, ............... MAY ; -0.1997 ' · - FINDING O? FACT BY COLLIER COUNTY PL~2;~;ING COM~ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the ~a~e district or neighborhood because of: Consistency with the Land Development Code and Growth ManagementYes Co Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety-and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~" No Affects neighboring properties in relation to nois~ glare, economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No __~s. e~ ~n ~h~ ab v~findings, this conditional red6~ende~ ~or approval FINDING OF FACT BY COLLIER COUNTY PL~;NING COM~IISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P~an: · Yes t/ .... No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and ~onvenience, traffic flow and control, and ac. cess in case of fire or catastrophe: Adequate ingress & C. Affects..neighborin.c~properties in relation to nois~, glare, econo...ic or odor effects: L/ No affect or __ . Affect mitigated by __ Affect cannot be mitigated D. Compatibility with a~jacent properties and other property in the district: Compatible use /_thin district ' Yes F/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) recommended for approval ~__- FINDING OF FACT MEMBER/19242 FINDING OF FACT BY COLLIER COUNTY PL~2D.;ING COMMISSION FOR A CONDITIOn;AL USE PETITIO~ FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: / A. Consistency with the L/d Development Code and Growth Management Yes v No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety-and c%nvenience, traffic flow and contro~ and access in case of fire or catastrophe:/ Adequate ingress / Yes v w };o ___ . Affec~ ~eighboring properties in relation to noir/, glare, economic ~r odor effects: w No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the distri.~/.· Compatible us% ~_'~hin district ' Yes &/ No Based on the above findings, this conditional use should, with stipulations, (copy recommended for approval FINDING OF FACT MENBER/19242 SAY Z 0 1997 AGENDA ITEM FINDING OF FACT BY COLLIER COUNTY PL~2;~;ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: Section 2.2.15.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the..Land Development Code and Growth ~.~anagement,P~n: Yes ..u/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and donvenience, traffic flow and control, and acpess in case of fire or catastrophe:j. Adequate ingress Yes .~/ No C. Affects neighboring properties in relation to noise,/glare, economic or odor effects: ~/~;o affect or Affect mitigated by -__ Affect c~nnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/~ithin district n stlpu±a~ion~4- (copy ~t~ched) (shoalS/not) be ' recommended for ~pRroval ) FINDING OF FACT }!EMBER/19242 FINDING OF FACT BY COLLIER COUNTY PL~2~IING COMMISSION FOR A CONDITIONAL ~SE PETITIO!I FOR CU-97-1 The following facts are found: 1. Section 2.2.15.3.4 of the Land Development code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sane district or neighborhood because of: A. Consistency wi~~Land Development code and Growth Manaq.~--e~t B. Ingress and egress tc property and proposed structures thereon with particular reference to automotive and pedestrian safety ~nd 'convenience, traffic flow and control, and access in case of fire or catas~_ Adequate No~ C. Affects neighboring properties in relation to ect cannot be mltlgaueu D. Compatibility with aSjacent properties and other property in the district: Compati~~~ithin district Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval _ ~.~0~ '~~~ FINDING OF FACT MEMBER/19242 FINDING OF FACT BY COLLIER cOUNTY pL~3~NING COM}4ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-1 The following facts are found: 1. section 2.2.15.3.4 of the Land Development code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development code and Growth Management Plan: B. Ingress and egress to property and prop°sed structures thereon with particular reference to automotive and pedestrian safety-and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes __2~__ NO -- C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __~ No affect or Affect mitigated by _ _ Affect c~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes _~ _ No _ above findings, this condit¼~na~se should, Based on the ~., _ ~__ be -- ~--~ations, (copy attached) Jr~ 7/ recommended ~or appro a ~' ~ ' .0 FINDING OF FACT MEMBER/19242 FINDING OF FACT COLLIER COUNTY pL~TNING CO}[MISSION FOR A CONDITIONAL USE PETITION FOR CU-96-26 The following facts are found: 1. Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th~/and Development Code and Growth Management ~an: Yes _~___ No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and bonvenience, traffic flow and control, and access in case of fire or catastrophe:/ Adequate ingress &,Fgress Yes V . No · Affe~s neighboring properties in relation to C noise, glare, economic or odor effects: VNo affect or Affect mitigated by Affect c~nnot be mitigated D. compatibility with ad.~cent properties and other property in the dist/ict: Comuatible us~/within district ' Yes ¥ , No Based on the above findings, this conditional use should, recow~e%d~ ~or approval FINDING OF FACT M~BER/19241 EXECUTIVE RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A 50% WAIVER/50% DEFERRAL OF ROAD, LIBRARY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, AND EDUCATIONAl, FACILITIES SYSTEM LMPACT FEES FOR A THREE BEDROOM HOUSE TO BE BUILT BY LINDA ,I. RODGERS, COLLIER COUNTY, SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191). To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for a 50% walver/50% deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees and Educational Facilities System Impact Fees for one house to be built by Linda J. Rodgers in Collier County with funds form the Affordable Housing Trust Fund, Fund (191). CONSIDERATIONS: Linda J. Rodgers has submitted and application for a 50% waiver/50% deferral of impact fees for one (1) house to be built by Linda J. Rodgers in Collier County for approximately $85,100. Linda J. Rodgers is a low income, first time homebuyer and qualifies for an impact fee waiver/deferral under the provisions of Impact Fee Waiver and Deferral Ordinances. These impact fee waiver/deferrals are granted using the Affordable Housing Trust Fund, funded with moneys from the State Housing Initiatives Partnership [SHIP] Program. The money will be transferred upon issuance of the building permit. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in Fund 191-138785, Affordable Housing Trust Fund. The total mount of impact fees requested to be 50% waived/50% deferred is $3,929.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1.778.00 TOTAL IMPACT FEES $3,929.52 NO. ~ MAY 2 O 1997 Executive Summary M~y 6, 1997 Linda .I. Rodsers Page Two _GROWTI-I MANAGEMENT IMPACT: The impact fee waiver/deferral will bring r~licf for a Iow income family in compliance with Policy 1.$.2 of the Housing Element of the Growth Management Plan. I~_~CQMMENDATION: That the Board of County Commissioners approve the Resolution w~iv~r/defenml of impact fees for Linda J. Rodgers. authorizing the GM/jd 5~6/97 Prepared by: ~ oreugs iNn~l'~--~; ~ ti~ p r o v e m e nt Approved by: V~cent ~. ~autero, Administraior Communiiy Dev. ~d Environmental Svcs. Date jddf/cx su AGEN ' KE$OLUTION NO. 97- '1 2 3 4 KESOLUTION OF THE BOARD OF COUNTY 5 COMMISSIONERS, COLLIER, COUNTY, 6 FLORIDA, AUTHORIZING PAYMENT OF 7 Lr!qKARY SYSTEM IMPACT FEES, PAR.KS AND 8 RECREATIONAL. FACILITIES IMPACT FEES, 9 ROAD IMPACT FEES, EMERGENCY MEDICAL 10 SERVICES SYSTEM INIPACT FEES AND 11 EDUCATIONAL FACILITIES SYSTEM IMPACT 12 FEES FOR ONE HOUSE TO BE CONSTRUCTED 13 BY LINDA .I. RODGERS AT 1161 g* STREET N. 14 E., NAPLES, COLLIER COLrNTY, FLORIDA. 15 16 WHEREAS, Collier County h~ r~a~ognized md attempted to gld~,,s the I ? lack of adequ,,e md affordable housing for moderate, Iow, ~md ve%,-Iow income 18 households in the County and the need for creative md innovative programs to 19 assist in ,he provision of such housm~ by tach, drag several proxisions in the 20 Collier CounD' Gro~vth Management Plan. including objectn¢ I 4. policy 1.4.1; 21 objective 1..5, policy 1..5.2, policy 1.5.3. polic) I.S 4. polio 15 5. policy 22 objective 1.6. policy 1.6.3; objective 2.1, policy 2 l.l, policy 2.1.2, policy 2.1.3, 23 policy 2.1 ..5, and policy 2.1.6 ofthe Housing Element; and 24 \\~EKEAS, Collier Count)' has received funding pursuant to the State 25 Housing Ini6at:ves Pannership Program set forth in Section 420.907 et_ seq., 26 Florida Sta,mes and Chapter gl-3?. Florida .-',,dm~mslra,~x e Code. and 27 \VHEREAS. ~n accordance ~lh Colher C'oun;) Ordinance No. 93-19. the 28 Count)' is authorized to use fun&ng from State Housing Initiatives Parlnership 29 [SHIP) Program for waivers of Collier County impact fees; and 30 WHEREAS, Linda J. Rodgers is seeking a 50% ~ aiver/50% deferral of 31 32 100% of impact fees; and 33 'Aq-IEREAS. Linda .1~ Rodgers will constr~ct one (3) three bedroom unit 34 (the "Dwelling Unit") a, 1161 $'" Streel N E. Naples. Colher Count)'. Florida, 35 which is proposed to cost Elghly-Fi~e Thousand One Hundred Dollars 36 (S85.100 OO); and 37 WHEREAS. the Dwelling Uni~ will be owned by a lo~ income household. 38 and 39 \\'HEREAS. L,nda J. Rodgers submitted to the office of Housing and 40 L'rban Improvement an Afl'ordable Housing Apphcation da,ed ),larch 4. 1997 for AGENDAJTE~ · .o, NAY :1 0 1997 I ~ w~iver/dcfermi of/mp~,:z fees for the cozu=uc'don o f" house ~t Il61 2 N. £.,N~pI~, Collier Com~D', Florid~, ,, copy ofu/d ~pplicetionia on file lathe ~ Housing and Urban hnptovemem Dep~tment; 4 WHER,EAS, in accordzace with Section 3.04 of the Library System 5 lmpa~ct Fee Ordinance, Ordinance No. 88-0'/, st amended; Seciion 4.05 of the 6 Parks and Recr,~tion&l F~cilities Impact Fee Ordin~ce, Ordinance No. 88-96, 7 amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, 8 ~ amended; Section 3.05 ofthe Emergency Medical Sera'ices Sysiem Impact Fee 9 Ordinance, Ordinance No. 91-'/1, st amended; and Section 3.05 of the I0 Educational Facilities 1 I amended; ~n applicant may obuJn a 50*/0 waiver/50% deferral of impact fees by 12 quali~.'ing for a waiver; and 13 WHER.EAS, Linda J. Rodgers has qualified for a $0% waiver.'50% 14 deferral based upon the follo'.vJn~ representanons made: 15 A. The D~'clling Unit shall bc owned by a first-time home buyer. 16 B. The Dwelling Unit shall be owned by a household with a low income 1 '/ level ~ th~t term is defined in the Appendices to the respective Impact l $ Fee Ordinances and the monthly paymen! to purchase the unit must be 19 within the affordable housing guidelines established in the Appendices 20 lo the respective Impact Fee Ordinances 21 C. The Dwelling Unit shall be the Homes~eaJ of the o~ ncr. 22 D. The Dy, elling Unit shall remain afford.,blc for fifteen [15) years from 23 the date ~he cerlJficale ol'occupanc.~ ~s ~ssued 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 27 I, The Board of Coumy Commissioners hereby authorizes the County 25 Manager to issue an Authorization for 50% waiver'50% deferral of 29 impacl fees to tinda J Rodgers for one (1) house which shall be 30 construcled at 1161 $'~ Stree! N. E.. Naples. Colher Counly. Florida. 31 2. Up ~n receipt by the Housini and Urban Improvement Director of ~n 32 a~'reement for waiver/deferral signed by Linda J. Rodgers, or olher I AY 0 lgCJ7 'i 2 3 6 ? 8 9 10 !1 12 13 15 16 l? 18 19 20 21 22 23 2,~ 25 26 22 28 29 30 31 32 33 3,~ 36 37 38 39 .~0 .~2 DATED: documentation acceptable to the Coun~ A~lomey, the Bo~d of County Commiuione'~ hereby authorizes the payment by Collier County of lhe following imp~cl fees 6'om the Affordable Housing Trus~ Fund, Fund (191 ), in the followin~ amounls for Ihe one ( ! ) hou~ to b~ built at 1161 8' Streel N. E., Naples, Collier County, Florida by a) Librarylmpac! Fe~ $ 180.$2 b) Road impact Fee 1,3')9.00 c) Psi'ks and Recrealional Facilities Impact Fee Regional Parks 1'79.00 Community Paz~ 399.00 d) EMS Impact Fee 14.O0 e) F..xtucational Sl/~terns Impact Fee 1_77R O0 TOTAL IMPACT FEES $3,929.:52 3. The payment of impact fees bi,' Collier County is subjecl to the execution and recorda;ion of an Affordable Hou$in~ Agreement for payment of Collier County Im!~act Fees between the property owner and/or purchaser and ',he County. This Resolution adopted after motion, second and majority vote favoring ATTEST: D~qGHT E. BROCK, Clerk BOARD OF COL.~TY COLLIER COUNTY, FLORIDA Approved as to form and lc a suflicie Heidi F. Ashton Assistant County Attorney By: Timothy L. Hancock, Chairman jd f reso rod$.'rs I.~pl D~cription EXHIBIT "A" LOT I, TRACT 123, UNTf 18, GOLDEN GATE ESTATES, ACCORDING TO TH~ PLAT T}{EKEOF rN PLAT BOOK 7. PAGES 7 AND 8, OF TBIE PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA. AGE:ND& ITeM ,~ MAY ~ 0 lC~ AGREEMENT FOR 50%WAIVEPJS0% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES This .Agreement for the Waiver of Impact Fc~s cnt~ed into this day of , 1997 by and bev,vcen the Board of County Commissioners of Colli~ County, Florida, hereinafter referred to as ;COUNTY" and Linda J. Rodgcrs, hereinafter referred to az "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as mended, the Collier County Parks and Recreational Facilities Impact Fc~ Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services Systrm Impact Fee ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amendccl from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for waivers of impact fees for new owner-occupied dwelling un/ts qualifying as affordable housing; and WHEREAS, OWN'ER has applied for a 50% waiver/50% deferral of impact fccs as required by the Impact Fee Ordinance, a copy of-said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fcc Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc ordinance qualifying the project as eligible for an impact fee waiver/deferral and AGENDA. IT[~ x "~ 1997 / WHEREAS, thc COUNTY approved a waiv~r/dcf~ral of impact fees for OWNER ~rnbodied in Rc~olution No. 97-_ at iU r~gular mceting of ., 1997; and WHEREAS, the Impact Fee Ordinance requir~ that the OWNER cntcr into aa Agreement with the COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, the parti~ eov~naat and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and eorr~t and shall be incorporated by reference her~in. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference her~in. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable ho~ing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a p~'iod of fifteen (15) year~ commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER r~resents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee-Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and AG £,~ D,A ITEM.. No. t~ IdAY g 0 lcjg7 -0 OWNER is the owner of rer..ord of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver/deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWN'ER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee 7. Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Un.it ceases to be utilized for that purpose during such period, the hnpact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirement~ and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COU1WI'Y, record any necer~qary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This A,treement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successo~ and assigns. In the case of sale or tramfer by gift of the Dwelling Unit, the original OWNER. shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or antil the conditions set forth itl the Impact Fee Ordinance sre satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. ILECOP,.DING. This Agreement shall be recorded by OWNER. at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER. shall be in default of this Agreement (1) where OWNER fsi: to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER. violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER. of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER. within 30 days of said non-compliance. OWNER. agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER. be in 4 No. ~ ,. . ............ . ..... .... default of this Agreement, and the default is not cured within thirty (30) day~ ~fler written notice to OWNE~ the Board may bring civil action to erfforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COU1VTY by action or suit in equity as for the for~closur~ of a mortgsse on real property. Tl~s remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover ~I1 attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreemen! for Waiver/Deferral of Impact Fees on the date and year first above written. '0 Witnesses: STATE OF COUNTY ) ) The foregoing instrument was acknowledged before me this /~' day of ,1997, by Linda I. Rod'l~ers.iq-Ie is personally known lo me o~prodtic, ed [NOTARIAL SEAL] AGENDA ITEM, No. I~ BAY 2 0 lC 7 // DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COU'N'I~ COMISSIONERS COLLIER COUNTY, I:LORIDA By; Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/ffagr¢¢mcnt~rodgcrs Linda J. Rodgers Legal Descriplion EXI'HBIT "A" LOT 1, TRACT 123, UNIT 18, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEP..EOF IN PLAT BOOK 7. PAGES 7 AND 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOP. iDA. ¸.0 gAY 2 0 1997 F.~XECUTIV~ SUMMARY P, ECOM'MENDA~ON THAT THE BOARD OF COUNTY COMNflSSIONERS APPROVE A BUDGET AME2qD~ TO TRANSFER FUNDS TO COVER MICROFILMING COSTS. OBJECTIVE: To have, the Boar~ of County Commissioners ~vprove a budget amendment to ~-~nsf~r funds from Ke.~¢rve~ for Contingency Account 113-138900-919010 to cover microfilming CONSIDERATIONS: Cu.,homer Sm, vices Surffin ~ Development Se,'.Aces Center $1ore numerous dty.'uments for the Community Developmen! and Environmental Servic, e~ Division. Microfilming o£ iiles older than three years is necesgary to create space for new r~cords. Initially $25,000.00 was budgeted during the budget Frocess for FY97 to cover, the corot of this microfilming. Additionally, a surcharge is in place to cover additional cos-~s. To date, $19,443.00 has been co] leered for microfiL'-ning in Revenue Account I 13-138900-341442. The microfilming will b~ current upon completing all records from 1993. FISCAL IMPACT: By approval of this budget amendment, the Building Review and e~,rnining Department will ex.0~nd ~ a~tditional $13,090.00 for microfilr~g of r~,~.~. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment to transfer $13,000.00 from Reserves for Contingency 113-138900-919010 to cover microfilming costs. PREP .~A~ED BY:/ //~ Ed Perico, Director Building Review and Permitting Depanmem Date ,~./~D BY: /' 'Vincent A. C~'utero, Administrator Community. Dev. and Environmental Svcs. Division Date .o./.~Vm~,~ M.m,Y 2 0 1997 To grant final acceptance of ~Queens park at Lago Verde, Phase Eight On Au~i~t 16, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and ~ewer improvements in "Queens Park at Lago Verde, Phase Eightu. The roadway, drainage, water and sewer improvements not required by the plat to be maintainsd by the project's homeowners as~ociation will be maintained by the County. The required improvements have been constructed in accordance with the Land Development ¢od.e. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. e A resolution for final acceptance has been prepared and approved by 'the County Attorney's Office. A copy of the doc,mment is attached. The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. O~ONT~ MANAGEMENT IMPACT: None BAY 0 lgg? Executive Summary Queens park at Lago verde Phase Eight Page 2 That ~he Board of County Commissioners ~rant final acceptance of %he roadway, drainage, water and sewer improvementm in "~ueene Park at Lago Verde, Phase Eight" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: oAn R. Houldswor~h, Senior Engineer Engineering Review Da~e Thomas Ei-Kuck, P.E. Engineering Review Manager Donald W. Arnold Planning Services Director Vincent A. Cautero~ Administrator Community Dev. and Environmental Svcs. Date Date Date Community Dev. and Environmental Svcs. DIVISION JRH:ew 0 SCALE 1"=4687' WESTERN COLLIER COUNTY FLORIDA LEGEND GENERALIZED ZONING PUD COMMERCIAL COMMERCIAL PLANNED UNIT DEVELOPMENT EAST IMARCO 6 '7 9 l0 11 12 13 16 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 3'7 39 41 42 43 44 4? 49 50 52 53 54 55 56 5'7 58 59 60 KE$OLLITION NO. 97- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE P`OADWAY, DIUM2qAGE, WATER AND SEWER IIvl~ROVElvl~$ IN QUEENS PAXK AT LAGO VERDE, PHASE EIGHT, ]~I~-ASE OF THE MAINTEN~ SE~, A2,03 ACCEPTZNO 'lEE MAfNTENANCE RESPONS~[LITY FOP. T}IE EOADWAY, DRAZNAGE, WATER AND SEWEP` D4PP`O~S THAT ARE NOT KEQLrDLED TO BE M.A.rNT~ BY THE HOMEOWNERS ASSOCIATION. WI-fl~AS, the Bo~d of County Commissioners of Collier County, lqorklt, on March 23, 1994 approved the plat of Queens P~k at Iago Verde for recording; and ~TIEILEAS, ~he developer h~s constructed and maimaJned the roadway, drainage, wiler and sewer improvements in accordance with the approved plans and spe~fications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Sttndards mad Procedures Ordinance (Collier County Ordinance No. 97-17),,and WH:F. REAS, the developer has now requested fit~I acceptance of the roadway, drainage, water and sewer improvements and releas~ of his mdnterance security; and WH:ER~AS, the Compliance Services Section of the Development Services Department has inspecled the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE. BE IT RESOLVED BY TH~ BOARD OF COUNTY COM~ISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance be g~anted for those roadway, drainage, water and sewer improvements in Queens Park at Lago Verde, ~ authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND 0RDEKED that the County accept ;he future maintenance and other anendant costs for the roadway, drainage, water and sewer improv~nems that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DV~qGHT E. BROCK, CLERK BOARD OF COUN~-Y CO~MISSION~ERS COLLAR COUNTY, FLORIDA By: TI~IOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Anomcy IdAY 0 1997 I~COH~F,~D~ZOH TO ~RANT FZKJ~T,, ACC~PTAHCI Or ~HB ROADWAY; To gr~nt final acceptance of "Pelican Bay Unit Seventeen" on June 7, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Bay Unit Seventeen". The roadway, drainage, water and sewer improvements not r~quired by the plat to be maintained by the project's homeo-~ners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspectGd the improvements and is recommending final acceptancG of the improvements· A re~olution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the dDcument is attached. The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. ~R~_~THHAN~EME}~T IMPAC~ None AG£Af~)A/t'£M NO.. ~ NAY Executive Summary Pelican Bay Unit Seventeen Page 2 That the Board of County Cozmissioners grant final acceptance of the roadway, ~ra inage, rater and sewer improvements in "Pelican Bay Uni~ Seventeen" and release the maintenance security. 1. Authorize ~he Chai~an to e~ecu~e ~he attached resolution au~orizing final acceptance. 2. Au=horize the release of =he maintenance security. PREP~RED BY: ~~Se~nior Engineer Engineering Revimw R~JIEW.~ BY: ~n~neerin~ Review ~-~nald W. Arn-Jid, AICP ~ng Services Director Co.unity D~v. ~nd Environmental eves. Date Date Da%~ ~'- ~-~ Date COMMUNITY DEVELOPMENT SERVICES DIVISION MAY 0 1997 ,¢ TH NA ,LES 'e 21 lAY C~ ~&Ci4OIJ'~nl~LPAdm( ! ~IN[ RsDG~ RoAD iI ,%0 1 4 6 ? $ 10 16 20 24 2~ 126 2.9 3~ 36 ~9 43 44 4S 46 47 $! ~2 ~4 $6 ~9 60 RESOLUTION NO. 97- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. WATER AND SEWER ~ROVF. JvI~2~S IH PELICAN BAY UNIT SEVENTEEN, P. ELE~ OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILrrY FOP. THE ROADWAY, DRAINAGE, WATER AND SEWER tMPRO~S THAT AR~ NOT REQLTIRED TO B£ MAINTAINED BY TI~ HOMEOWNERS ASSOCIATION. W}-~R.EAS, the Boud of County Corrm'~ssionen of Colller County, Florida, o~ luly 21, 1992 approved the plat of Pelican Bay Unit Seventeen for recording; and WHEREAS, the develop~cr ~ con~ructed ~nd maintained the roadway, dr~ge., w~ter and sewer improvements in sccord~nce with the approved plato and specification~ ~nd u requited by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. WHEREAS, the developer has now requested tirol acceptance of the roedw~y, drairaie, waler and sewer improvements and release of his rraJnterance security, and WHEREAS, the Compliance Services Section of' the Development Services Department has inspected thc roadway, d~naSe, water ~d sewer improvements and is recommending acceptance ofs~id facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONLM~SSIONERS OF COLLTI:R COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Bay Unit Seventeen, and authorize the Clerk to release the maintenance security. BE IT F'LrRTHER RESOLVED A.ND ORDEILED that the County accept the future maintenance and other lttendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted aRer motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM]~ISSIONERS COLLIER COUNTY, FLORIDA By: T~IOTHY L. ~COCK, CHAIP~iAN Approved as to form ar, d legal suf~cicncy: l~idi F. Ashton A~sistant Collier County Attorney MAY 201997 r~chJr~, ~' Swtn~ ~ ~e). To O:dsend, Jn Ivy., 1996, lJ~e{Bo~rd~mn ad ioncl ~ dc~ds). Lu additkra, kiez~iJtcaxion of non..lx~ murce ~ ~ ground v,"~ contn*buti~ G~,OWTH MANAG.JMENT I~PAC'T Cotticr Coun~y'~ ~'Ma.ua~n~x=nx Plan (Goals 3 and 4 of ~e Conse~-~on and Coanal Manal~oenx Elemeut) id~n~c~ ',he ~ to "...~ ~ Co~y'$ jrom~d water re~ourc~ te ~ the hilhesl ~ter qualib' 12rnclJc~" and lo "...conscr~ i:n~t~ct and appi~q:s'ialely mana~ ~ C. om~..'s ~ wal~ HO. ~ MAY O 1997 That ~ ~ of C. ommy T~ ~ ~ ~ L~ T~o~ to ~ ~ ~i~ for ~ ¸'0. Date: 3"-- oc'_ ~,-7 A:tachn-~nU: Permit AppLication ! 1 Feta-ua~.. ~ of Support A~[NDAFf~M . - MAY ~ 0 1997 ~~.. 00RG Cr'~DF..: 3740.2010-0000 COPY SECTION A, c, g, (; ACOE App~icm. lon Application Proposed I~olect FOR AGENCY USE ONLY DEP~,'MD Al~llc.tlon PART 1: , Are any of the actNIties de=cdbed in this application proposed to occur in, on, or over wet, ands or other aurface watar~?. I:l Yes n No Is this application being filed by or on behalf of a government entity or drainage district? n Yea 1:3 No III .._ --: -- " ,- PART :2: A. Type of Environmental Resource Permit Requested (check at least one). See Attachment 2 for threshold~ and descriptions. n Noticed General- !nclude information requested in Section B. [] Standard General (Single Family Dwelling). include information requested in Sections C and D. [3 Standard General (all other Standard General projects) - include information requested in SecUons C and E. [3 Individual (Single Family Dwelling) - include information requested in Sections C and D. ID Individual (all other Individual projects) - include information requested in Sections C and E.  I~ Conceptual- include information requested in Sections C end E. [3 Mitigation Bank Permit (construction) - include infonr~ation requested in Section C and F. ( If the proposed mitigation bank invoNes the construction of a surface water management system requiring another permit defined above, check the appropriate box and submit the information requested by the applicable section.) D Mitigation Bank (conceptual) - include information requested in Section C and F. B. Type of acti¥ily for which you are applying (check at least one) ,!~ Construction or operation of a new system, other than a solid waste facility, including dredging or filling in, on or over wetlands and other surface waters. [] Construction, expansion or modification of a solid waste facility. n Alteration or operation of an existing system which was not previously parroted by a WMD or DEP. [] Modification of a system previously permitted by a WMD or DEP. Provide previous permit numbers. 13 Alteration of a system 13 Extension of permit duration r'lAbandonment of a system [] Construction of additional phases of a system [3 Removal of a system C. Are you requesting authorization to use Sovereign Submerged Lands. I~Yes (See Section G and Attachment 5 for more information before answering this question.) D. For activities in, on or over wetlands or other surface waters, check type of federal dredge and fill permit requested: [3 Individual [3 Programmatic General [] General ~ Nationwide [3 Not Applicable ,IF"' Are you claiming to qualify f~r an exemption? [3 Yes C] No A If yes, provide rule number if known. (See Pt'elate to Appltcattoa) MAY 2 0 1997 ,.o., o,, COPY PART 5: Project location (use additional sheets, tf needed): County(~s) Collier Sec'don(s) 3~-35 - [.~,1~ Township &6--47 S , , Range 28E Section(s) 25 -DISI~SAL ,SITE Township 4§S Range Section(s) 1 _ 7_ ~ n_ 1 ~ L ] ~ Township _.,/,?~ Range Land Grant name, If applicable T~x Parcel IdenL~.atJon Number · Street address, road, or other k>cation 600]. talu~ 'rrafford C~, Zip Code if applicable Z~o]r. alee~ 33934a after July 97, 34142 PART 6: Describe in general terms the proposed project, system, or activity. The proposed project is to e=ploy one or ~ore cutter head dredges to convey 8.5 · 10~ cubic ~ards of loose, flocculent organic ~aterlal fro~ the sediment ~a~er lnterfac~g_L_~,ke T~afford (1.494 acres) tn a nearby confLued disposal area (200 acre, diked agricultural faciiity). Pre-pet~ttti' ~ activities included~ but ~ere not 1/~tted to: by the Collier Co. ~Oard of ~ssioners, m~d representin$ a diversit] _ of a~encies/inteTests (Attactn~ent Al), 2. FrparinE a series of detailed bathy~etric ~aps (Attachment 3. Conducting re~uisite sediment tox/.cit~ analysis (Attachment A3). l~anagement Area under FL Ga=~ a Fresh Water Fish Commmisston guidelines. g 0 1997 Psge 3 of $ p;. PART 8: FOmJ~ #: FORM TITI. E: RE$O&/RCE PERMIT A, By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application, I am familiar with the information contained in this application end represent that such information is true, complete end accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining sny other required federal, state, water management district or local permit prior to commencement of construction, I agree, or I agree on behalf of the applicant, to operate end maintain the permitted system unless the permitting agency authorizes transfer of the permit to · responsible operation entity. I understand that knowingly making any false statement or representation In this application is a violation of Section 373,430, F.S. and 18 U.S.C. Section 1001. C0-Anplicant~.Timothy L. Hancock, CountY of Collier, Florida Typed/Printed Nnme of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date Chairman, Board of County Corr~issioners AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FO .~. . "a ~", . El. ! hereby designate and authorize the agent listed above to act on my behalf, or on behalf o! my corporation, as the agent in the processing o! this application for the permit and/or proprietary authorization indicated above; and to furnish, on request, supplemental Information in support of the application. In addition, I authorize the above-listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application ia a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant Signature of Applicant Date (Corporate Title if applicable} Pleeme note: The mnollcajl$'! ode(nmi mlanmtura [r~ a cosy) Is emaulrad above. PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described In this application or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any aite visit on the property by agents or personnel from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and Inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit ia granted. Typed/Printed Name Signature Date (Corporate Title if applicable) Page 5 of 5 NAY g 0 1997 FOCUS J:. 1~4~JM PART 8: A. By signing this application form, I am applying, or I em applying on behalf of the applicant, for the permit end any proprietary authorizations identified above, according to the supporting data end other incidental information filed with this application. ! am familiar with the information contained in this application and represent that such information is tr~e, complete end accurate. I understand this Is an application and not a permit, and that work prior to approval Is a violation. I understand that this application and r. ny permit Issued or proprietary euthorlzetion Issued pursuant thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or ! agree on behalf of the applicant, to operate end maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. CO-APPLICANTt FPJ~N'K MORELLO~ FLORIDA GAME AND FRESH WATER FISH ~QMMISS,ION Typed/Printed Name of Applicant {If no Agent.is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date BIOLOGICAL ADMINISTRATOR II (Corporate Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to furnish, on request, supplemental Information in support of the application. In addition, I authorize the above-listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant Signature of Applicant (Corporate Title if applicable) P111se note: The ~oficent'e oH~nl1 ~l~ne~re (not e cooY) Is real, Ired eboY~ PERSON AUTHORIZING ACCESS TO THE PROPER'FY MUST COMPLETE THE FOLLOWING: C. I either own the property described in this application or I have legal authority to allow al~cess to the property, and I 'consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review end inspection. Further, I agree to provide entry to the project eite for such agents or personnel to monitor permitted work if a permit Is granted. Typed/Printed Name Signature Date (Corporate Title if applicable} Page 5 of 5 AGENDA MAY 0 1997 FO~I4 'tT~E: ~ EN~ONI4EN'rAL I~[SCYJ~r.~ PE~IT APPUCAllC~ SECTION C Environmental Resource Permit Notice of Receipt of Application Note: this form doe3 not need to be submitted for noticed general permits. This information is required in addition to that requlrad in other sections of the application. Please eub.mit five copies of this notice of receipt of application and all attachments with the other require6 Information. Please submit all information on 8 112' x 11' paper. Project Name: Imt-e ?rnfford ~,4rau~fLC Dredg~_a_~ [~'otecl: County: C,&O..I tar , Owner: ___ 1L-~ard of Trustees of the Internal I~prove~e~lt; Trust Fund of the Sta~e of Applicant: _~l 1 tar CO-nry Applicant's Address: Florida Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show Sectionls), Township{s), and Range{s); and must be of sufficient detail to allow a person unfamiliar with the site to find it. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: Lake Trafford - not am OFW Or preserve Attach a depiction (plan and section views), which clearly shows the works or other facilities proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of works. Briefly describe the proposed project (such as 'construct dock with boat shelter', 'replace two existing culverts", "construct surface water management system to serve 150 acre residential Specify the acreage of wetlands or other surface waters, if any, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: filled ac.; excavated ac.; other impacts ! __&q& ac. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface waters (attach additional sheets if necessary): N/& FOR AGENCY USE ONLY Application Name: Application Number: Office where the application can be inspected: Nots to Nc~lce fac{plant: The information in this notice has been I~ubmilled by the applicant, and has Dg.t bean agency. It may be inco.act, incomplete o~ may b~ subject to change. Page 1 of 1 "rir l'ft 0 1997 SECTION E INFORMATION REQUESTED FOR STANDARD GENERAI, INDIVIDUAL AND CONCEFI~AL ENVIRO~A~ RESOURCE PERMIT AI55,ICATIONS NOT RELATED TO A SINGL~- FAMILY DWELLING UNIT Plea~ provide the information requested below if the propo~xl project requires either a stand~d general, individual, or conceptual approval environmental resource permit and h nat related to an i~dividv~l, .~nglc fzm/ly dwelling unit, duplex or quadraplex. The information listed below represents thc level of information that is usually requ/xed to evaluate an applicat/on. Thc level of information required for a specific project will vao' depending on the nature and location of the rite and thc activ/ty proposed. Conceptual appwva/s generally do not requ/re the same level of detail as a construction permit. However, providing a greater level of detail will reduce the need to submit additional information at a Later date. If an item does not apply to your project, proceed to the next item. Please submit all information that is required by the Department on either 8 I/2 in. X 11 in. paper or 11 in. X 17 in. paper. Laxger drawings may be submitted tn supplement but not replace these smaller drawings. I. Site Information A. Provide a map(s) of the project area and vicinity ddineafiug USDA/SCS soft qrpe~. B. Provide recem aerials, legible for photointerpretation with a r~l¢ of 1" .= 400 fi, or more detailed, with project boundaries delineated on the a~rial. IdentLfy the seasonal high water or mean high tide elevation and normal pool or mean low fide elevation for each on site wetland or surface water, including receiving water~ into which runoff will be discharged. Include date% datum, and methods u.~fl to determine these elevations. D. Identify the we~ season high water tables at the locations repre?_.,~tative of the eatire project site. Include dates, datum, and methods ~ to determine these elevations. H. Environmental Considerations Provide results of any wildlife surveys that have been conducted on the .~ite, and provide any comments pertaining to the project from the Florida Game ~atd Fresh Water Fish Commission and the U.S. Fish and W'fldlif¢ Service. Page 1 of 8 AG£N,I~A ~.l~Ji~,. No. ~ MAY 2 0 1997 Ce De Ge The exist~g topography extending at least 100 feet off the project area, and including adjacent wetlands and other surface waters. All topography shall include the location and a description of known benchmarks, referenced to NGVD. For systems waterward of the mean high water (MHW) or seasonal high water lines, show water depths, referenced to mean low water (MLW) in tidal areas or seasonal Iow water in non-tidal areas, ~d List the range between MHW and MLW. For docking facilities, indicate thc distance to, location of, and depths of the nearest navigational channel and acce~ routes to the channel. If the project is in the known flood plain ora stream or other water court, identify the following: 1) the flood plain boundary and approximate flooding elevations; and 2) the 100-year flood elevation and floodplain boundary of any lake, stream or other watercourse located on or adjacent to the db*.; The boundaries of wetlands and other surface waters within the project area. Distinguish those wetlands and other surface, waters that have been delineated by any binding jurisdictional determination; Proposed land use, land COver and natural communities (acreage and percentages), including wetlands and other surface waters, undisturbed uplands, aquatic communities, impervious surface.s, and water management a_"ea~. Use the same cla.~sifieation system and community identification number used in III (B) above. Proposed impacts to wetlands and other surface waters, and any proposed cormectionsYoutfalls to other surface v.'aters or wetlands; Proposed buffer zone; Pre- and post-development drainage patterns and basin boundaries showing the direction of flows, including any off-site runoff being routed through or around the system; and connections between wetlands ~,nd other surface water~; Location of all water management areas with details of size, side slope~, and de~ water depths; Location and details of all water control structures, control elevations, any seasonal water level regulation schedules; and the location and description of benchmarks (minimum of one benchmark per structure); Page 3 of 8 MAY 2 0 1991 Vo B. Schedule of implementation of temporary or p:rmanent erosion and turbidity control measure; C. For projects that involve dredging or excavation in wetlands or other surface w~ters, describe thc method of excavation, and the type of material to be excavated; D. For projects that involve fill in wetlands or other surface waters, dcscn'be the sottrce and type of fill material to bc used. For sho'mJinc stabiJi?~,tion projects that involve the installation of riprap, state how these materials are to be placed, (i.e., individually or with heavy equipment) and whether the rock will be tmdcrlain with filth' cloth; B. If dcwatcring is requLred, detail thc dewatczing proposal including the methods that are proposed to contain thc dischzrgc, methods of isolating dewatering areas, and indicate thc period dcwatering structures will be in place (Note: a consumptive use or water use permit may by required); F. lviethods for trans~-ng equipment and materials to and from the work site. If barges are required for access, provide the low water depths and draft of the fully loaded ba~ge; O. Demolition plan for any existing structures to be removed; and H. Identify thc schedule and. party responsible for completing monitoring, record drawings, and as-built certifications for thc project when completed. Drainage Information A. Provide pre-development and post-development drainage calculations, signed and sealed by an appropriate registered professional, as follows: 1. Runoff cha.mcteris~cs, including ,-~'ea, runoff curve number or runoff coefficient, and time of concenlxation for each drainage basin; 2. Water table elevations (normal and seasonal high) including ~ extent and magnitude of any proposed water table drawdown; Receiving water elevations (normal, wet season, design storm); Design storms u.~d including rainfall depth, duration, frequency, and distribution; Page 5 of 8 1997 3. Location and volume of encroachment within regulated floodplain(s); and e Plan for compensating floodplain storage, it' necessary, and calculations rcquir~ for determir~g minimum building and road flood elevations. E. Provide an a~dyxis of the water quality treatment ry~zm including: A description of thc Froposcxl stormwater tr~_ vrnent methodology that addrcsses thc type of treatment, pollution abatcmem volumes, and recovery analysis; and Construction plans and caJculafions tim addre~ stag~-stonge and design elevations, which demonstralc compliance with tlm appropti3tc water quality Provide a description of the engineering methodology, assumptions and refexenc~ for the parameters lib'ted above, and a copy of all such computations, engineering plans, · and ~pecilic~ion$ u~d %o m~ly~ the ~m. If a comimtc~ program is used for thc analysis, provide the name of thc program, a description of thc proD'am, input ~1 output data, two di~-etm copies, ff avail~Ic, and justification for model selectiom Operation and MJ.Ln~ and Legal Doo_ ,mentation ^. Dcscribc the oven J1 maintenance and ol:erafion schedule for thc ~ ~ 3. Identify the entity tl~t will bc responsible for operating and maintaixfing thc synton in lxapetuity ff different than the permittec, a dra~ document enu~ thc enforceable affirmative obligations on the entity to properly olnvate and maintain the system for iu expected life, and documentation of the entity's financial ~'bility for long-term maintenance. If the proposed operation and main~ entity is not a lnOlXXty owner'a association, provide proof of the existence of an entity, or the future acceptance of the system by an entity which will OlXa'ate and main~ the ~stem. If a property owner's association is the propo~ operation ~ad maintenance entity, provide copies of the articles of incorporation for the a.~x:iafion ~at eopiea of tim declaration, responsibility for the operation and maintenance of the $ystetm Provide information enauring the continued adequate access to the $ymm for main~ ~. Beff'ore transfer of the system to the operating entity will be ~ed, the permi~ must document that the tramferee will be bound by all terms a~l eonditiot~s of the permit. Page 7 of 8 MAY 2 o igc7 Attachment Al LAKE TRAFFORD RESTORATION TASK FORCE LIST OF MEMBERS TIlE LAKE TRAFFORD RESTO~ON TASK FORCE Carlson, Ed South Florida Area ~er National Audubon So~ie~ Corkscrew Swamp S~ 375 Sar~-uary Road Nap~a, Florida 33904 Phone: (941)657-9472 Fax: (941 )657-6622 Gibson, Ph.D., P.G., Gall G. S,.'-nior Hyctrogeologist Pollution Control ~ 3301 E. Tamiam~ Tra~L Bldg. H, 3rd Floor Naplca, Florida 33962 Phone: (94 1)732-2502 Fax: (94 I)774-9222 Hear'a, Gene Rex Propertles 6515 Pcpper P~ad Im,"nokalee, Florkta 3414,2 Phone: (941)657-6517 Iglehart, John, M. Environmental Manager Water Maratgemem Division ~ of Enviromnental Protection 2295 Victoria Avenue Ft. Myers, Florida 33901 Phone: (941)332-6975 Fax: (941)332-6969 Ladd, Stephen M. South FlorkLa Water Ma,uagemeat Districi 6167 Janes Lane Naples, Florida 33942 Phone: (941)597-1505 Fax: (94 I)597-4987 Mathews, Bettye County Commission,.-r ~ 5 Collier County Governmem 3301 Tamlami Trail East Naples, Florida 339~2 Phone: (94 !)774-8097 Fax: (94 I)774-3602 ItAY g 0 1997 Morelio, Fraak Biological Administrator Division of F'nhcdes, Everglades Region (]am &Frcsh Water F'~h Commission 551 North ~ Tra~ West p,dm Beach, Florida 33415 Phone: (407)640-6100 Fax: (407')640-6108 Oink'y, Edward Lake Tra~ord ~ Inc. 600 i Lake Tra~ord Road lmmokalee~ F'~orida 34142 Phone: (941)657-240 I Fax: (941)658-2401 Redfle. ld, Ph.D., Garth W. D~vision Dh'~ctor Resotn-ce ~ ~n Department of Water R~sources Evah.mlion South F~rida Water Management Disu'ict 3301 Gun Club R~nd West Palm Be~ch, Florida 33406 Phone: (561)686-8800 Fa~ (561)687-6442 Rosegger, Thomas M. Biological Scicmist IV Statewide lake Restoration Section Florida Gan~ and Fr~h Water Con'n'n~ion 3900 Dra~ F~eld Road Lakeland, Fior~d.a 33811 Phone: (813)648-3202 Fax: (813)680-5594 Seolqeld, Miles "Rocky* Sco~ld ~ Coosuh~ 3584-B Exchange Avenue Naples~ Florida 33942 Phone: (941)643-1900 Simonlk, Michael Environtramml Policy Facilitator 1450 M~ Drive Naple~ Florida 33~42 Phone.' (941)262-0304 ext. 266 Fax= (941)262-5872 MAY 0 ~mJtb, Jsc~e Buresu of Aquafic Plato Mana/~ ~ of Enviro~ Protection 311 I-B13 Formn~ Way WeI1/r~on, Flor/da 33414 Phone: (407)791-4720 Fax: (407)791 4722 Thomas Jr., Fred N. C~,:ater Imm~kalee ~ of Conanerce c/o 1800 Farm Worker Wa7 hlm~kalee, Florida 34142 Pboae: (941)657-3649 Fax: (94 I)657-7232 IIAY t 0 ~? FLORIDA GA,.ME AND FRESH WATER FISH COMMISSION QUINTON L. IIEDGE~EI*Ii. DD$ MRS. GILBERT W. IIUMPHRE'Y TIIO.~LO ~. IC/BLER 4 ALLA~ L. EGBERT, Febraary25,1997 Department of Environ.mental Protection Water Management Division Mr. John M. Iglehart Environmental Manager 2295 Victoria Avenue Fort Myers, FL 33901 Dear Mr. Iglehart: The Florida Game and Fresh Water Fish Commission is a co-applicant with the Collier County Board of Commissioners, regarding the enclosed request for Environmental Resource Permit. The purpose of this letter is to request a waiver of the required application fee. The proposed activity is to enhance Lake Trafford, a state-owned lake, for the benefit of the general public. Sincerely, Frank Morello Biological Administrator II FM/ccp End. 1943 - 1993 50 YEARS AS STEWARD OF FLORIDA'S FISH AND WILDLIF MAY 0' 7 PROJECT NAME: The Lake Trafford Hydraulic Dredg~ Project TYPE OF ERP APPLIED FOR: Conceptual USE OF SOVEREIGN SUBMERGED LANDS: Yes REQUIRED SECTIONS FOR COMPLETED APPLICATION: Scctionz A,C,E,G REVIEWING OFFICE: Division Project - FDEP Bureau of Submerged Lands and Environmental Resources (mF2505) 2600 Blair Store RoM Tallahas.~, Florida 32399-2400 Attachment 2, Page 3 - The deacriplion of individual and conceptual permitting requiremeut~ states that if the project quali~ for sorae type of geaeral permit, an ERP may not be requized. If the U.S. Army Cori:~ of Engineet~ naHonwide permit is considered a type of general pern~ and one wa~ obtained for the proposed project, it could be exempted from ERP requirements under thc following nationwide permit numbera/descdptioas: U.S.A.C.O.E.N.P. N4 - Fish & W'ddlife Enhancement U.S.A,C.O.E.N.P. #27 - Wetland Restoration Activities Aquatic Plant Control Trust Fund Recent changes to existing laws included adding the following statement under chapters 373/61-691/25214 and 25270. Laws of Florida: No permit shall be required for removal from lakes of unconsolidated, flocculent organic detrital material that exists on the surface ofnatural mineral soil if these activities ~ve a valid permit under S.369.20 or 369.29. MAY S 0 19 7 1'3 MAY ~ 0 199? '~' . ~ I~ J Section G Part FI A. B. C. Do Submerged taa~ County Park with bo~t ramp, fishing pier, picnic ar~a. NO FEES AT PRESENT 'lIME Convey 8.5X106 cu. yd ~ott sediment from lake bottom to contain~ upland disposal ama County Park =N 1000 R. shore. ITme MAY 2 0 1997 Z.~FuE ~AAFFORD RESTORAT]:ON PLA~ Frank Hore~lo and Tom Rose,get Notez This plan £s in DRAFT form, and serves as a ~ork£ng docummnt subject to revision until officially approved by the Florid& Game and Fresh Water FLsh Com~£ssion. Dr&f~ed Res[orat£on Plan H£atory Lake Trafford 6/2?/95 Rev£e~ed by~ Executive Lake Trafford Lake Trafford (605 hectares, 1,494 acres), located 5.5 km west of the City of Immokalee in Collier County, is the largest lake south of Lake Okeechobee and the second largest lake in the Florida Game and Fresh Water Fish CO~nission'n (Co~nission) Everglades Region. A 1.6 hectare park, owned and maintained by Collier county, provides public access to the lake. Park ~menities include a boat ramp, a fishing pier/boardwalk, picnic areas, and & parking lot. Recreational angling Il the molt prevalent activity on this lake. In 1994, the Commission prepared a plan for improving sport fish catch ke Trafford that wan scheduled for implementation in summer. 1996. rates in La. . ' tin- of modifying nubstrates adjacent to ~ne _ . The proposeo prelect, census 9 fishing pier, was limited in scope and did not address lakewide deterioration of habitat and water quality in the lake. Despite poor water quality, extensive muck accumulations, loss of native sub~ergent plant co~%~unities, periodic aquatic weed infestations, and numerous moderate fish kills, Lake Trafford ham historically supported an excellent rec~eational fishery. Mowever, in April 1996 Lake Trafford experienced · massive fish kill in which a majority of the harveltable-lized Iport fllh population expired. The Co~F~inlion'l Regional Fishery Biologist concluded that, although the lake could still support a recreational fishery, complete recovery would likely take several yearn. In response to the recent fish kill, the Lake Trafford Restoration Feasibility Task Force (Task Force} was assembled to identify problems and to recommend possible remedial action. The Task Force concluded that the fish kill was cau,ed by poor water quality conditions, including high Biolc~lcal Oxygen Demand (BED), lethal ammonia levels, and depressed dissolved oxygen content. Poor water quality wan attributed to internal nutrient cycling fro~ extensive organic muck deposits throughout the lake basin. The fish kill was an ominous biological expression of advanced eutrophication and, without intervention, recurring problems are predicted. The combined expertise of Task Force members was integrated to prepare this comprehensive plan to restore Lake Trafford. The primary component of this plan is to employ one or more cutterhead dredges to accomplish lakewide organic sediment removal. The plan also includes restoration of native aquatic plant co~unitien to enhance habitat for fish and wildlife populations, control of non-point source pollution to prevent further degradation of water quality, and development of a long-term management plan to ensure that the benefits of restoration are maintained through time. preliminary estimates of project duration range from two to five yearn. Project COlt Il roughly estimated at five million dollarl. MAY Z 0 e,. il- DRAFT LAKE I"]U~,rFORD RESTORATION PLAN ($une 27, 1996) The following narrative pertains to the restoration project proposed for Lake Trafford. This plan is in outline for~ and follows the format contained in the Coe~lasion-approved Lake Restoration Prospectus. Supporting d~uMntation is included in appendices numbered to correspond with sections of this plan required in the 'Current Status' revl~. B&ckorcund Lake Trafford, located in Collier County, has a surface area of 605 hectares and is approximately 2.? km long by 1.2 km wide. The lake has · maximum water depth of ] meters and a mean water depth of approxim~tel~ 2 meters. Lake Trafford drains a watershed of approximately ??.6x10 k~. Its watershed is do, Snared b7 agricultural lands, followed by undeveloped wetl·mte and undeveloped forrested lands. There are no known point sources of pollution discharging into Lake Trafford. The lake, located 5.Skm west of the City of left. kales, is surrounded by wetlands and forrested areas. Residential development is restricted to · small portion of the eastern shoreline. Collier County maintains i public park on the northeast shore that provides boat and bank access to the lake. LakQ Trafford is designated a Class III waterbody with primary uses of recreation and propogation of healthy, well-balanced fish and wildlife populations. Water quality in the lake is presently rated as 'fair' to 'poor' due to elevated biological oxygen demand and high total nitrogen concentrations. Flocculent organic sedim~nts uniformly blanket the bottom of Lake Trafford and range from 0.25-3.0 meters in depth. This 'muck' not only contributes to degraded water quality, but it also precludes establishment of significant areas of native rooted aquatic vegetation that are considered vital for maintenance of healthy, balanced fish and wildlife populations. Hydrilla (HYdrllla verticillate) was inadvertently introduced to this system around 1971 and covreage rapidly expanded to lake-wide proportions. Extensive organic muck deposits in Lake Trafford are thought to be the product of herbicide control and subsequent decay of noxious vegetation. Predominate recreational use of Lake Trafford is sport fishing, with larqemouth bass (Mlcrovterus salmoides) and bream (Lemoml! app.) most frequently targeted species. For the period of record that extends over 30 years, the lake has supported an excellent bass fishery, including a reputation for trophy-sized fish; however, a massive fish kill occurred in April 1996 that nearly decimated the existing bass fishery. The fish kill was attributed to low dissolved oxygen concentrations coupled with lethal total Ammonia concentrations. Water quality problems were attributed to extensive internal nutrient cycling due to presence of organic sediments throughout the lake basin. Problem $~atemen~ The recent massive fish kill in which a majority of the adult sport fish population expired resulted in significant impairment of the primary lake uae that is recreational fishing. This fish kill was attributed to poor water quality due to internal nutrient cycling from extensive organic sediments. It was estimated that several years will be required for sport fish populations to return to former levels, and that fish populations will only recover if · similar kill does not occur within this recovery period. Loss of a majority of the existing adult sport fish population w%'~ an AGEN, DAFFEM.. ominous biological expression of the hypereutrophic state of this lake.I Th~0. ~J MAY 0 1997 presence of muck deposits throughout the Lake Trafford Basin conflicts with several aspects the Class III use designation. Numerous problems were identified and listed below: 1)' Organic sediments contribute to poor water quality that causes periodic fish kills, 2) Organic sediments limit sport fish spawning potential because firm bottom 3) Organic sediments limit aport fish recruitment by limiting gro~r~h of rooted aquatic macrophytes that serve as important nursery areas for Juvenile fish, offering both protective cover and substrate for production of invertebrates in their diet, 4) Organic sediments contribute to imbalance in fish populations, resulting in rough fish populations tolerant of highly degraded conditions, 5) Organic sediments decrease recreational opportunities, especially for anglers, due to all of the problems listed above. Members of the Lake Trafford Restoration Feasibility Task Force unanimously agreed upon a single possible solution to restoring Lake Trafford. Nydraulic dredging to accc~nplilh lakewide removal of extenlive muck accumulations was determined to be the only vi&bls alternative in restoring this waterbody. Reco~.end_~d Restoration Pla~ The recommended restoration plan for Lake Trafford conslltl of lakewide hydraulic dredging of organic bottom sediments and pumping slurry to a nearby upland disposal area. Numerous tasks must be accomplished prior to implementing a project of this magnitude. Short-term tasks identified as priorities in early project planning lnclude~ 1) sediment mapping to generate an eltimate of volume of dredged material, 2) sediment toxicity analyses tO determine if project is ~ermissible, 3} locating nearby potential suitable disposal area(s}, 4) securing funds from a variety of sources and for · number of years, LA~ SELECTION The following sections consist mostly of background data that serve to Justify implementing a major lake restoration project. This portion of the plan is currently being developed and is provided here in outline A. ~lternate Pl~nm for R~storation - Potential Benefit8 - 1. Sport fishing 2. Overall aesthetic value 3. General Wildlife/Ecological Values 4. Scientific Value 5. Waterfowl Hunting 6. Wildlife Observations 7. Aquatic Resource Education 8. Other Hunting 9. Boating 10. Swimming 11. Skiing 12. Camping 13. Potable Water Supply 14. Irrigation Supply 15. Commercial Fishing t4AY 0 · 7_e ~. Znduntr£a~ Usaa c. 1. ~ecraational Info~atLon 2. Fish Pol:~lation Data Wildlife Population Data 4. Aquatic Vegetation Data 6. Sed£mant Data 7. Aquifer Containment Znforma~ion 8. Hydrology Data 9. Meteorological Predictions 10. Legal Ownership 11. Point Sources of Pollution 12. Non-~lnt-aourcas of Pollution 13. Water Level Controls D. Feasibility of Succemm g.g.~ Restoration F. ~ Support Available G. ~ ~ Plan ~m~l~,nentation BAY S 01 7 Attachment AZ Bathymetdc Profll~ Lak~ Trafford 'e Pepper CInM BM'n T4 Like Tr~otd Mmtne T-2 T-4 T-7 Lm~ Pm Co~J(~wSwimp Cu~;~d ~ Tre~e Figure 1. Bathymetry transect locations and navigational aids, Lake Trafford (1,494 acres). Th~ L.M~ TrlnalM I~lml~rllon FMIM~M~ TM FM~I 4 5 6 6 * prepared at an el~YIt}o~l of 11.0~ tt MSL $ 4 Figure 2. Contour map of water depths in Lake Trafford (1,494 acres), April 1996. The L,~e Tre~xd I~or~lo. If~,,4:~ff T~4~ Fer~,e IIAY gO lggT' / 5 Lak~ Tr~tt'ord Me,ne 2 Depth~ in fe.~ N Figure 3. Contour map of sediment depths in Lake Trafford (1,494 acres), April 1996. MAY S 0'1m7 5 9: Like Trl~lx~ ~ Depthl In feet · pcep~ed et an elev~o~ o~ 11.0~ It MIL '11 g 7', N Figure 4. Contour map of hypothetical water depths In Lake Trafford (1,494 acres) after complete sediment removal· Attachment Florid: Deptrtment of Environmental Protection Chemical Analysis Report - Lake Ts'afford Sediments MAY 2 0'199Z Attachment A4 Pre-AppllcaHon Meetings DATE :,4 28 .lune 1996 16~ 1996 11 October 1996 25 October 1996 LOCATION Collier Cou=y Housiz~ Author~ Offr~ts KEY REPRESENTATIVES Lake Trafford Lake Tra.fford Dr..l',~'on~ Shimma, Director Division of F'tsherks, Fl. Game & Fish Comm. (OFC) Scott Hardin, ~ Bureau of Su~ew~e Senates (AIl in the GFC's Divis~n off .~ni~) Attachment CI As r~quired IV Section C, Item 4 Dcpictiou or Proposed Activity 11-OCT-1996 Page I of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CENTRAL LABORATORY 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 CHEMICAL ANALYSIS REPORT Request ID: RQ-96-AUG-26-25 CompQAP$ 870688G Job ID: 96-AUG-30-05 Project: OTHER Job Name: La~e Trafford - Job created on 30-AUG-1996 11:1 Date Received: 30-AUG-1996 Customer ID: SO-PNG-WTF Authorized: 11-OCT-!996 By: Jack Merritt Submitted By: SO DIST.(PUNTA GORDA) - WATER FACILITIES 7451 Golf.Course Blvd. Punta Gorda, Florida 33982-9359 12 For Additional Information, Please Contact Timothy W. Fitzpatrick Yuh-Hsu Pan, Ph.D. Julio Arrecis, Ph.D. Liang-Tsair Lin, Ph.D. Suncom 277-2571 (904) 487-2571 Certified By: Abbreviations & Storet Codes: A - Value reported is the mean of two or more determinations B - Results based on colony counts outside the acceptable range. I - Value reported is less than the minimum quantitation-limit, and greater than or equal to the minimum detection limit. J - Estimated value K - Actual value is known to be less than value given L - Actual value is known to be greater than value given N - Presumptive evidence of presence of material. O - Sampled, but analysis lost or not performed. Q - sample held beyond normal holding time. T - Value reported is less than the criterion of detection. U - Material was analyzed for but not detected; The value reported is the minimum detection limit. V - Analyte was detected in both sample and method blank. Z - Colonies were too numerous to count (TNTC). 2 0 997 11-OCT-1996 Page 2 of 12 Sample ID: 150528/96-AUG-30-05-01 Location: T_,%y~E TRAFFORD Field ID: C082996-LT1 Collected: 29-AUG-1996 09:50 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~>~-u~ Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Jack Merritt Analysis ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storetl Analyte Value 71921 Mercury 0.057 A Comment None Units mg/kg Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 23:04 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ Analyte .0 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 01053 01068 00938 01148 01078 00934 01083 34480 Value Aluminum O Arsenic 3 U Antimony O Barium 9.51 A Beryllium O Cadmium 0.6 U Calcium O Chromium 5.6 A Cobalt O Copper O Iron 0 Lead 17.2 J Magnesium O Manganese O Nickel O Potassium O Selenium- 6 U Silver 2 U Sodium O Strontium O Thallium O 150528/96-AUG-30-05-01/S-ICP Units Continued on Pa mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg .:. 11-OCT-1996 150528/96-AUG-30-05-01/$-ICP · Storet~ Analyte mmmmm--m a 01088 Vanadium 01093 Zinc ? Comment Page 3 of 12 2 Continued from Page Value Units 0 mg/Kg O mg/Kg The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150529/96-AUG-30-05-02 Location: LAKE TRAFFORD Field ID: C082996-LT2 Collected: 29-AUG-1996 10:10 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~De-mc Field Comments: Matrix: S-FRHWTRSD By: RUN McGREGOR By: Jack Merritt Analysis ID: HG-H-S Mercury in solids by Method 245~5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ 71921 Comment Value Analyte . Mercury 0.46 None Units mg/kg Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:22 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet% 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 Value Analyte . Aluminum O Arsenic 4.8 I Antimony O 33.7 Barium O Beryllium 0.6 U Cadmium O Calcium 19 Chromium O Cobalt O Copper 0 Iron Lead 8.1 I 150529/96-AUG-30-05-02/S-ICP Continued on Units mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mo/K~ .... 11-0CT-1996 Page 4 of 12 150529/96-AUG-30-05-02/S-ICP ~toretl~ Analyte Continued from Page 3 Value Units 00924 Magnesium 01053 Manganese 01068 Nickel 00938 Potassium 01148 Selenium 01078 Silver 00934 Sodium 01083 Strontium 34480 Thallium 01088 Vanadium 01093 Zinc Comment O mg/Kg 0 mg/Kg O mg/Kg 0 mg/Kg 6 U mg/Kg 7 U mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150530/96-AUG-30-05-03 Location: LAKE TRAFFORD Field ID: C082996-LT3 Collected: 29-AUG-1996 10:20 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~m-~c Field Comments: Matrix: S-FRHWTRSD By: RON McGB~GOR By: Jack Merritt Analysis ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storett Analyte Value 71921 Mercury 0.28 Comment None Units mg/kg Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:28 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storetl Analyte Value Units 01108 Aluminum 01003 Arsenic 01098 Antimony 150530/96-AUG-30-05-03/S-ICP O mg/Kg 0' 9 I m~/K~ / ' 11-0CT-1996 150530/96-AUG-30-05-03/S-ICP Storet% 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 01053 01068 00938 01148 01078 00934 01083 34480 01088 01093 Comment Analyte Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Nickel Potassium Selenium SAlver Sodium Strontium Thallium Vanadi%un Zinc Page 5 of 12 Continued from Page 4 Value Units 20.8 mg/Kg O mg/Kg 0.6 U mg/Kg O mg/Kg 9.7 mg/Kg O mg/Kg O. mg/Kg O mg/Kg 13 J mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg 6 U mg/Kg 5 U mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150531/96-AUG-30-05-04 Location: LAKE TRAFFORD Field ID: C082996-LT4 Collected: 29-AUG-1996 10:30 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: Field Comments: Matrix: S-FR~."WTRSD BY: RON McGREGOR By: Jack Merritt Analysis ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7~71. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet% Analyte Value 71921 Mercury 0.38 Comment None Units mg/kg 150531/96-AUG-30-05-04 Continued on Page 6 11-OCT-1996 150531/96-AUG-30-05-04 Page Continued from Page 5 6 of 12 Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Du~ree Analyzed: 2-OCT-1996 22:33 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 01053 01068 00938 01148 01078 00934 01083 34480 01088 01093 Comment Analyte Aluminum Arsenic Antimony Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Nickel Potassium Selenium Silver Sodium Strontium Thallium Vanadium Value Units o mg/Kg 5.1 I mg/Kg O mg/Kg 36.3 mg/Kg o mg/K9 0.7 U mg/Kg 0 mg/Kg 21 mg/Kg o ~g/Kg O mg/Kg 0 mg/Kg 12 J mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg 7 U mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg Zinc O mg/Kg The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150532/96-AUG-30-05-05 Location: LAKE TRAFFORD Field ID: C082996-LT5 Collected: 29-AUG-1996 10:45 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: m~4Dc Field Comments: Matrix: S-FRHWTRSD By: RON McGReGOR By: Jack Merritt 150532/96-AUG-30-05-05 Continued on Page 7 ~0 REC~ 11-OCT-1996 150532/96-AUG-30-05-05 Page Continued from Page 6 Analysis ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7471. .Prepared: 5-$EP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized:' 8-OCT-1996 By: Julio J. Arrecis Storet% Analyte Value ....... 0.39 71921 Mercury Comment None 7 of Units 12 Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:38 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 G1053 01068 00938 01148 01078 00934 01083 34480 01088 01093 Comment Analyte Value Aluminum O Arsenic 3.5 U Antimony O 37.3 Barium 0 Beryllium 0.7 U Cadmium 0 Calcium 21 Chromium O Cobalt O Copper O Iron 14 J Lead O Magnesium O Manganese Nickel O Potassium O Selenium 7 U 7U Silver Sodium O Strontium 0 Thallium O Vanadium O Zinc Units mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/~g mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg mg/Kg o mg/Kg The sample appeared to be heterogeneous with respect to Pb. d 11-OCT-1996 Page Sample ID: 150533/96-AUG-30-05-06 Location: LAKE TRAFFORD Field ID: C082996-LTSD Collected: 29-AUG-1996 10:46 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~ ~ Field Comments: Matrix: S-FB/~WT~D By: RON McGREGOR By: Jack Merritt Analysis ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis StoretJ 71921 comment Analyte MerCury None Value 0.4O oo 8 of 12 Units mg/kg Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:43 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet% 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 01053 01068 00938 01148 01078 00934 01083 34480 Value Analyte __ - ...... O Alqminum 3 U Arsenic O Antimony 41.3 Barium O Beryllium 0.6 U Cadmium O CalCium 21 Chromium O cobalt O Copper O Iron 13 J Lead O Magnesium O I~anganese O Nickel O Potassium 6 U Selenium 7 U Silver O Sodium O Strontium O Thallium 150533/96-AUG-30-05-06/S-ICP Continued on Units 11-OCT-1996 Page 9 of 12 150533/96-AUG-30-OS-O6/$-ICP Continued from Page 8 Storet% Analyte Value Units 01088 vanadium O 01093 Zinc O mg/Kg Comment The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150534/96-AUG-30-05-07 Location: LAKE TRAFFORD Field ID: C082996-LT6 Collected: 29-AUG-1996 11:00 Auth6rized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~4~c Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Jack Merritt Analysis ID: ~G-H-S Mercury in solids by Method 245.5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet% Analyte 71921 Mercury Cc,~unent None Value 0.46 Units mg/kg Analysis ID: S-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:49 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet4 Analyte 01108 01003 01098 01008 01013 01028 00917 01029 01038 01043 01170 01052 Aluminum Arsenic ~ntimony Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead 150534/96-AUG-30-05-07/S-ICP Value Units 0 5.1 I mgt O 43.3 O mg~ 0.9 U mg~ O mg~ 23 mg~ O mg~ O mg~ O mg~ 18 J Kg Kg 'Kg Kg Kg Kg Kg Kg Kg Kg Kg mg~Kg BAY 0 J 11-0CT-1996 150534 / 96-AUG-30-05-07/S-ICP OStoret% Analyte 00924 01053 01068 00938 01148 01078 00934 01083 34480 01088 01093 Comment Magnesium Manganese Nickel Potassium Selenium Page. 10 of 12 Continued from Page 9 Value Units Silver Sodium Strontium Thallium Vanadium O mg/Kg O mg/Kg o mg/Kg O mg/Kg 9 U mg/Kg 9 U mg/Kg O mg/Kg O mg/Kg O mg/Kg O mg/Kg Zinc O mg/Kg The sample appeared to be heterogeneous with respect to Pb. Sample ID: 150535/96-AUG-30-05-08 Location: LAKE TRAFFORD Field ID: C082996-LT6D Collected: 29-AUG-1996 11:05 Authorized: 11-0CT-1996 Type: Grab Sample Lab Comments: ~u>~ Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Jack Merritt Analysi~ ID: HG-H-S Mercury in solids by Method 245.5, 7470 or 7471. Prepared: 5-SEP-1996 00:00 By: Jack Martin Analyzed: 6-SEP-1996 10:00 By: Joel Bonenfant Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ Analyte Value 71921 Mercury 0.37 Comment None Units mg/kg Analysis ID: $-ICP ICP multielement analysis for soil by Method 6010 Prepared: 9-SEP-1996 11:30 By: Barry Dupree Analyzed: 2-OCT-1996 22:54 By: Scott Hansen Authorized: 8-OCT-1996 By: Julio J. Arrecis Storet~ Analyte Value Units 01108 Aluminum ! mg/Kg 01003 Arsenic .6 I m /K 150535/96-AUG-30-O§-OS/S-ICP Continued on Pa 11-OCT-1996 Page 11 of 12 150535/96-AUG-30-OS-OS/S-ICP Storet% Continued from Page 10 Analyte Value Units 01008 01013 01028 00917 01029 01038 01043 01170 01052 00924 01053 01068 00938 01148 01078 00934 01083 34480 01088 01093 Comment Barium 39.4 Beryllium O ag/ Cadmium 0.8 U mgt Calcium 0 ag; Chromiua 22 mg; Cobalt O mg~ Copper O mg~ Iron 0 mg Lead 15 J mg/ Magnesium 0 mg~ Manganese 0 mg~ Nickel 0 mg/ Potassium 0 Selenium 8 U Silver 8 U ag~ Sodium O ag~ Strontium 0 ag; Thallium 0 ag; Vanadium O ag~ Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Kg Zinc 0 ag/Kg The sample appeared to be heterogeneous with respect to Pb. FLORIDA DE~ARTKENT OF ENVIRONMENTAL PROTECTION $O-PNG-WTF __s~tf)~[ C SALT) __EFIrLU~fT ILAJO3 SOl L/S~i) Im~T TISSUE __TR]~ ILA~ --SOZL __FIELO IJ.M]C ~"~ F~TUt IZl)DIENT __Fig __fr~JtP?ElT l~ _._~IN~ SEDIJqEXT .._SBLq. tJrlSI Ol~Z oAK MI&fi Field Parameters EO&lu=ed Byt S£gn&turo: Depth Clot)z, Chto~lMo Total t~sl~t * Ofssot~ ~Pr~) - ~ - ~ (S~. ~its)~, Sotfnf~- ~ s~i o~ - ~ ca)= d Analyses AS-G-S I HG-H-S S-ICP S-PEST-CL $-P£$T-N S-PEST-P / : GJ-2SOKL Bottles Preservatives I ICE GJ-$OOKL I ICE Smd FIML Report To: /~J/~ ~Z~('C/~?(,//'' AGE~D.A ! , I~Ay,,~,lO ~ Storet Stat£on Humber: Collection Time Com~aite Beg£fl~ End: I~ Field parameters Measured By: Signature: Sampled By: S£gnatu~e: ,l. ld Report Prepared Signature: ~I~S~I/~]~T TISGJK Field parameters: ~ . ~ CS~. ~lts):_ SatfniW- ~ Amal~sea ~ottle Type : A~-G-S GJ-250KL HG-H-S S-ICP S-PEST-CL GJ-500ML S-PEST-N S-PEST-P # ~ttlea prese~atives Send FIn4i Report To:__ FLORIDA DEPARTKENT OF ENVIROi~KENTAL PROTECTION · t D~ like trBffo d R 96-AUG-2&-25 gATER ILAIO3 SOIL/~I) ]P~Jrr TIS~f C31E3ql CAL IdlLSTE ~AC~C FRISf) I #FLUGM~ TRIP Il,IlK .__~i L ~AqT --~ -- --EG~,'I~I~XT BLAXiC I~J~II~ Sl~I/~lT . --__S~].LFISll -- Slgnaturel Sampled By: S£gnaturez F£eXd Report Prepared By: ~nalyses AS'-G-S HG-H-$ $-ICP $-PEST-CL S-PEST-N S-PEST-P ]~ottle Type GJ-$00ML # ~ttles Prese~&~ves Scsi F{r~t I~cl~rt To: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~O-PN~-WTF NPDES ~umber: Collection Date=~ Collection TLme Compoeite Begin~ Znd= VAT F,A I~ SOIL/S~ II.lIT TISSUE C]~I ~JA klAr~ __S~FAC~ (FJI£$I() __I#FLU[NT __TRIP ILAN]C __SOIL lNG -- F£eld Parameters Heaeured By: $£gnature~ Sampled By: Signature: Field Repot= Prepared By: Signature: Depth C~torlne, Total lasldult - 5(X)60 Ofsaotvlcl ~Pr~) - ~ C~):_ S~l O~ - ~ T~e - ~10 CC): Field A~alysns AS-G-S HG-H-S S-ICP $-PEST-CL $-PEST-P ~Sottle T~pe GJ-2SOHL GJ-$00HL i ~ttlii Prese~atives 1 X~ 1 MAY 0$97 ] FLORIDA DEPARTMENT OF Eh'VIROZ~F~NTAL PROTECTION c~ LAflORATOKY SAMPLE NPDE$ Number: Oollec:t: Lon T.Lm4 Begin: End: __SUKFAC~C FI/SX) __GJRFAC:E (L~.T) UATER __i XirLUEi~T __£FFLU~¥T ~OltJ~ IW:XT TISKH S£gn&ture: Sampled By: By: C;XlXl C~d. ~ Analyses Bottle Type AS-G-S GJ-250KL HG-H-S S-ICP S-PEST-CL GJ-$00ML S-PEST-N S-PEST-P it' Bottles Preservatives 1 ZeE 1 XCE FLORIDA DEPARTMENT OP ENVlRO~--NT~L PROTECTION ,llm~)le Locat£ont~ field x~/.~=e: I -- LT Collection Collection Time Co~pooite Begin:. End: W~T E~, IMJ~:~ SOl L/M:D II~I~T TI $Szf C]~I CAL I~ Sampled By: Jigfl&~u~e: . _ S~gnakure~ Analyses Bottle Type AS-G-S GJ-250KL HG-H-S $-ICP $-PEST-CL GJ-500KL S-P£ST-N S-PEST-P # ~ottles Preserya~£ves 1 Em,' MAY ~ 0 19~? ~. 50 FLORIDA DEPARTMEZ~T OF ENVIRONMENTAL PROTECTION St'.ocet S~a~lon Number, Collect:ion Time Co.pomade Begins Ends S£gnature: Sampled S£gna~.ure: . _ Fi~.~ld Report Prepared By:' -" ,e~-,..m~, .~,~ - .' C~l C)A VAST[ (Feet) :. C~terlm, Totit lesldust - 50060 C,~/I.):. Dlssotv~d Ox~ge~CP~obe) - ~ Sec~l O~th * ~ T~rat~e- ~10 CC)t, Analzias Bottle Type : AS-G-S GJ-2SOKL HG-H-S S-XCP $-PEST-CL GJ-$OOKL S-PEST-N S-PEST-P Bottles Preservatives 1 XCE 1 XCE Send ~IML lcl~rt To: ~eatOrl iO-PNO-~TP SOil./~I/qEI~ TISS~ Sm~pled By: HG-}f-S S-P~ST-CL S-PEST-N S-PEST-P GJ-iSOKl, GJ-SOOJ~ .'$trg Flrdt Iq)orr To: i of 16 FLORIDA DEPA/RTM~NT OF ENVIRONMENTAL PROTECTION CENTRAL LABORATORY 2600 BLAIR STONE ROAD RECEIV£D TALLARASSEE, FLORIDA 32399-2400 m AL sis OCT 2 8 1996 D.E.P. Punta Gorda Request ID: RQ-96-AUG-26-25 CompQAPI 870688G Job ID: 96-AUG-30-09 Project: OTHER Job Name: Lake Trafford - Job created on 30-AUG-1996 11:1 Date Received: 30-AUG-1996 Customer ID: SO-PNG-WTF Authorized: 11-OCT-1996 By: Liang T. Lin Submitted By: SO DIST. (PUNTA GORDA) - WATER FACILITIES 7451 Golf Course Blvd. Punta Gorda, Florida 33982-9359 For Additional Information, Please Contact Timothy W. Fitzpatrick Yuh-Hsu Pan, Ph.D. Julio Arrecis, Ph.D. Liang-Tsair Lin, Ph.D. Suncom 277-2571 (904) 487-2571 Certified By: -~uS~ Date:/O//~/g Abbreviations & Storet Codes: A - Value reported is the mean of two or more determinations B - Results based on colony counts outside the acceptable range. I Value reported is less than the minimum quantitation limit, and greater than or equal to the minimum detection limit J - Estimated value ' K - Actual value is known to be less than value given L - Actual value is known to be greater than value given N - Presumptive evidence of presence of material. O - Sampled, but analysis lost or not performed. Q - Sample held beyond normal holding time. T - Value reported is less than the criterion of detection. U - Material was analyzed for but not detected; The value reported is the minimum detection limit. v - Analyte was detected in both sample and method blank, Z - Colonies were too numerous to count (TNTC). AGENDA NO. ~ MAY ll-OCT-1996 Page 2 of 16 Sample ID: 150551/96-AUG-30-09-01 Location: LAKE TRAFFORD Field ID: C082996-LT1 Collected: 29-AUG-1996 09:50 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~=~4Dc Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian N£culescu Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolskf Analyzed: 20-SEP-1996 00:00 By: Harek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu Storet~ Analyte Value 39333 Aldrin 39076 Aipha-BHC 34257 Beta-BHC 34262 Delta-BHC 39343 Gamma-BHC 39351 Chlordane 39311 DDD-p,p' 39321 DDE-p,p' 39301 DDT-p,p' 39383 Dieldrin 34364 Endosulfan I 34359 Endosulfan II 34354 Endosulfan Sulfate 39393 Endrin 82633 Endrin Aldehyde 75044 Heptachlor 39423 Heptachlor Epoxide 39481 Methoxychlor 39403 Toxaphene Comment(l): None Units 3.5 U ug/k9 3.5 U ug/kg 6.2 U ug/kg 3.5 U ug/kg 3.5 U ug/kg 44 U ug/kg 6.2 U ug/kg 6.4 I ug/kg 6.2 U ug/kg 6.2 U ug/kg 3.5 U ug/kg. 3.5 U ug/kg 6.2 U ug/kg 6.2 U ug/kg 6.2 U ug/kg 3.5 U ug/kg 6.2 U ug/kg 15 U ug/kg 220 U ug/kg Analysis ID: S-PEST-N Organonitrogen pesticides in Prepared: 4-SEP-1996 00:00 Analyzed: 18-SEP-1996 16:29 Authorized: 18-SEP-1996 sediment by mod 3550/8140 By: Betina To1~olski By: Marek Topolski By: Adrian Niculescu Storet~ Analyte Value Units 39631 Alachlor Atrazine Bromacil 150551/96-AUG-30-09-01/S-~EST-N 14 U ug/kg 86 U ug/kg '- 11-0CT-1996 Page 3 of 16 150551/96-AUG-30-09-01/S-PEST-N toret~ Analyte Continued from Page 2 Value Units 38818 Hexazinone 59 U ug/kg Metalaxyl 180 U ug/kg 81409 Metribuzin 59 U ug/kg Norflurazon 88 U ug/kg 78688 Promgtryn 29 U ug/kg 39046 Simazine 15 U ug/kg Triademefon 75 U ug/kg Comments(I) None Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:29 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value 29995 Chlorpyrifos Ethyl 29 U 29998 Diazinon 29 U 81887. Disulfoton 44 U 39399 Ethion 14 U 82288 Ethoprop 29 U 73032 Fenamiphos 88 U 46345 Isofenphos 29 U 39531 Malathion 44 U Methamidophos 880 U 82643 Mevinphos 71 U 30013 Naled 240 U 39601 Parathion Methyl 29 U 38922 Terbufos 44 U Comments(l) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Sample ID: 150552/96-AUG-30-09-02 Location: I2tKE TRAFFORD Field ID: C082996-LT2 Collected: 29-AUG-1996 10:10 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: m~4~c Field Comments: Matrix: S-FRn~WTRSD By: RON McGREGOR By: Adrian Niculescu 150552/96-AUG-30-09-02 Continued on Page 4 11-OCT-1996 150552 / 96-AUG-30-09-02 Page Continued from Page 3 4 of Analysis ID: $-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu Storet% Analyte Value 39333 Aldrin 7.7 U 39076 Alpha-BHC 7.7 U 34257 Beta-BHC 13 U 34262 Delta-BHC 7.7 U 39343 Gamma-BHC 7.7 U 39351 Chlordane 96 U 39311 DDD-p,p' 13 U 39321 DDE-p,p' 8.7 T 39301 DDT-p,p' 13 U 39383 Dieldrin 13 U 34364 Endosulfan I 7.7 U 34359 Endosulfan II 7.7 U 34354 Endosulfan Sulfate 13 U 39393 Endrin 13 U 82633 Endrin Aldehyde 13 U 75044 Heptachlor 7.7 U 39423 Heptachlor Epoxide 13 U 39481 Methoxychlor 33 U 39403 Toxaphene 480 U Comment(I): None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: $-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:29 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet% Analyte Value Alachlor 190 U 39631 Atrazine 31 U Bromacil 190 U 38818 Hexazinone 130 U Metalaxyl 380 U 81409 Metribuzin 130 U Norflurazon 190 U 78688 Prometryn 63 U 39046 Simazine 33 U Triademefon 160 U Comments(i) None 150552/96-AUG-30-09-02 Continued on Page' 5 Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg MAY 0 1997 11-OCT-1996 150552/96-AUG-30-09-02 Page Continued from Page 4 Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:29 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet% Analyte Value 29995 Chlorpyrifos Ethyl 63 U 29998 Diazinon 63 U 81887 Disulfoton 96 U 39399 Ethion 31 U 82288 Ethoprop 63 U 73032 Fenamiphos 190 U 46345 Isofenphos 63 U 39531 Malathion 96 U Methamidophos 1900 U 82643 Mevinphos 160 U 30013 Naled 520 U 39601 Parathion Methyl 63 U 38922 Terbufos 96 U Comments(l) None 5 of Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg 16 Sample ID: 150554/96-AUG-30-09-03 Location: LAKE TRAFFORD Field ID: C082996-LT3 Collected: 29-AUG-1996 10:20 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~-~-4Dc Field Comments: Matrix: $-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu " Storet% Analyte Value .. 39333 Aldrin 4.1 U · 39076 Alpha-BHC 4.1 U 34257 Beta-BHC 7.1 U ~ 34262 Delta-BHC 4.1 U 39343 Gamma-BHC 4.1 U T 39351 Chlordane 51 U 150554/96-AUG-30-09-03/S-PEST-CL Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kq Continued on Page I 6"o' ~./ ! MAY Z 0 19 /' 11-OCT-1996 150554/96-AUG-30-09-03/S-PEST-CL Storet% Analyte Page 6 of 16 Continued from Page 5 Value Onits 39311 DDD-p,p' 7.1 U 39321 DDE-p,p' 7.5 I 39301 DDT-p,p' 7.1 U 39383 Dieldrin 7.1 U 34364 Endosulfan I 4.1 U 34359 Endosulfan II 4.1 U 34354 Endosulfan Sulfate 7.1'U 39393 Endrin 7.1 U 82633 Endrin Aldehyde 7.1 U 75044 Heptachlor 4.1 U 39423 Heptachlor Epoxide 7.1 U 39481 Methoxychlor 17 U 39403 Toxaphene 250 U Comment(l): None 'kg 'kg 'kg 'kg 'kg 'kg 'kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:29 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu StoretJ Analyte Value Alachlor 100 U 39631 Atrazine 16 U' Bromacil 100 U 38818 Hexazinone 68 U Metalaxyl 200 U 81409 Metribuzin 68 U Norflurazon 100 U 78688 Prometryn 34 U 39046 Simazine 17 U Triademefon 86 U Comments(l) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu StoretJ Analyte 29995 Chlorpyrifos Ethyl 29998 Diazinon 81887 Disulfoton 150554/96-AUG-30-09-03/S-PEST-P Value Units 34 U ug/kg 34 U ug/kg Continued51 U on 11-OCT-1996 150554/96-AUG-30-09-03/S-PEST-P itoret% Analyte 39399 Ethion 82288 Ethoprop 73032 Fenamiphos 46345 I$ofenphos 39531 Malathion Methamidophos 82643 Mevinphos 30013 Naled 39601 Parathion Methyl 38922 Terbufos Commehts(1) None Page 7 of Continued from Page Value Units 16 U ug/kg 34 U ug/kg 100 U ug/kg 34 U ug/kg 51 U ug/kg 1000 U ' ug/kg 82 U ug/kg 270 U ug/kg 34 U ug/kg 51U ug/kg 16 6 Sample ID: 150556/96-AUG-30-09-04 Location: LAKE TRAFFORD Field ID: C082996-LT4 Collected: 29-AUG-1996 10:30 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: ~~=c Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu Storet~ Analyte 39333 Aldrin 39076 Alpha-BHC 34157 Beta-BHC 34262 Delta-BHC 39343 Gamma-BHC 39351 Chlordane 39311 DDD-p, p' 39321 DDE-p, p' 39301 DDT-p, p' 39383 Dieldrin 34364 EndoSulfan I 34359 Endosulfan II 34354 Endosulfan Sulfate 39393 Endrin 82633 Endrin Aldehyde 75044 Heptachlor 39423 Heptachlor Epoxide 39481 Methoxychlor 150556/96-AUG-30-09-04/S-PEST-CL Value Units 8.7 U 8.7U 15 U 8.7U 8.7 U 110 U 15 U 9.5 T 15 U 15 U 8.7U '8.7 U 15 U 15 U 15 U 8.7U 15 U 37 U Continued on Page ug/kg ug/kg uglkg ugtkg ug/kg ug/kg ug/kg ugh'kg ugh'kg ugh'kg ugh'kg ugl kg ugi'kg ugi~kg ug/kg ug/kg ug/kg u~/kg 11-OCT-1996 150556/96-AUG-30-09-04/S-PEST-CL Storet% Analyte 39403 Toxaphene Comment(l): None Page 8 of Continued from Page Value Units 540 U ug/kg 16 7 Analysis ID: S-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolek/ Analyzed: 18-$EP-1996 16:30 By: Marek Topolsk~ Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value Alachlor 220 U 39631 Atrazine 35 U Bromacil 210 U 38818 Hexazinone 150 U Metalaxyl 430 U 81409 Metribuzin 150 U Norflurazon 220 U 78688 Prometryn 72 U 39046 Simazine 37 U Triademefon 180 U Comments(l) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value 29995 Chlorpyrifos Ethyl 72 U 29998 Diazinon 72 U 81887 Disulfoton 110 U 39399 Ethion 35 U 82288 Ethoprop 72 U 73032 Fenamiphos 220 U 46345 Isofenphos 72 U 39531 Malathion 110 U Methamidophos 2200 U 82643 Mevinphos 180 U 30013 Naled 590 U 39601 Parathion Methyl 72 U 38922 Terbufos 110 U Comments(I) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg '' 11-OCT-1996 Page 9 of 16 Sample ID: 150557/96-AUG-30-09-05 Location: LAKE TRA.~FORD Field ID: C082996-LT5 Collected: 29-AUG-1996 10:45 Author£zed: 11-0CT-1996 Type: Grab Sample Lab Comments: ~u~. Field Cor,,~ents: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu StoretJ Analyte Value 39333 Aldrin 9.3 U 39076 Alpha-BHC 9.3 U 34257 Beta-BHC 16 U 34262 Delta-BHC 9.3 U 39343 Gamma-BHC 9.3 U 39351 Chlordane 120 U 39311 DDD-p,p' 16 U 39321 DDE-p,p' 16 T 39301 DDT-p,p' 16 U 39383 Dieldrin 16 U 34~64 Endosulfan I 9.3 U 34359 Eadosulfan ii 9.3 U 34354 Endosulfan Sulfate 16 U 39393 Endrin 16 U 82633 Endrin Aldehyde 16 U 75044 Heptachlor 9.3 U 39423 ~eptachlor E~oxide 16 U 39481 Methoxychlor 39 U 39403 To×aphene 580 U Comment(l): None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg · ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-$EP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value 39631 Units Alachlor 230 U ug/kg Atrazine 37 U ug/kg Bromacil 230 U ug/kg Continued on Pa9 150557/96-AUG-30-09-05/S-PEST-N MAY S.O 1997 11-0CT-1996 Page 10 of 16' 150557/96-AUG-30-09-05/S-PEST-N Continued from Page 9 Storet% Analyte Value Units 38818 Hexazinone 160 U ug/kg Metalaxyl 460 U ug/kg 81409 Metribuzin 160 U ug/kg Norflurazon 230 U ug/kg 78688 Prometryn 77 U ug/kg 39046 $imazine 39 U ug/kg Triademefon 200 U ug/kg Comments(i) None Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: }~rek To~olski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet# Analyte Value 29995 Chlorpyrifos Ethyl 77 U 29998 Diazinon 77 U 81887 Disulfoton 120 U 39399 Ethion 37 U 82288 Ethoprop 77 U 73032 Fenamiphos 230 U 46345 Isofenphos 77 U 39531 Malathion 120 U Methamidophos 2300 U 82643 Mevinphos 190 U 30013 Naled 630 U 39601 Parathion Methyl 77 U 38922 Terbufos 120 U Comments(l) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Sample ID: 150558/96-AUG-30-09-06 Location: LAKE TRAFFORD Field ID: C082996-LTSD Collected: 29-AUG-1996 10:46 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: mm xD~-~c Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu 150558/96-AUG-30-09-06 Continued on Page 11 11 -OCT- 1996 Page 150558/96-AUG-30-09-06 Continued from Page 10 Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-OCT-1996 By: Adrian Niculescu 11 of 16 Storet9 Analyte Value 39333 Aldrin 8.9 U 39076 Alpha-BHC 8.9 U 34257 Beta-BHC 15 U 34262 Delta-BHC 8.9 U 39343 Gamma-BHC 8.9 U 39351 Chlordane 110 U 39311 DDD-p,p' 15 U 39321 DDE-p,p' 15 T 39301 DDT-p,p' 15 U 39383 Dieldrin 15 U 34364 Endosulfan I 8.9 U 34359 Endosulfan II 8.9 U 34354 Endosulfan Sulfate 15 U 39393 Endrin 15 U 82633 EndrinAldehyde 15 U 75044 Heptachlor 8.9 U 39423 Heptachlor Epoxide 15 U 39481 Methoxychlor 38 U 39403 Toxaphene 550 U Comment(l): None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina To~olski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet{ Analyte Value Alachlor 220 U 39631 Atrazine 35 U Bromacil 220 U 38818 Hexazinone 150 U Metalaxyl 440 U 81409 Metribuzin 150 U Norflurazon 220 U 78688 Prometryn 73 U 39046 Simazine 38 U Triademefon 190 U Comments(I) None 150558/96-AUG-30-09-06 Continued on Page Units ug/ ug/ ug~ ug~ ug~ kg ug/kg ug/kg ugjkg ug/kg ug/kg kg kg kg kg 11-OCT-1996 Page 150558/96-AUG-30-09-06 Continued from Page 11 Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-5EP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-$EP-1996 By: Adrian Niculescu Storet~ Analyte Value 29995 Chlorpyrifos Ethyl 73 O 29998 Diazinon 73 U 81887 Disulfoton 110 U 39399 Ethion 35 U 82288 Ethoprop 73 U 73032 Fenamiphos 220 U 46345 Isofenphos 73 U 39531 Malathion 110 U Methamidophos 2200 U 82643 Mevinphos 180 U 30013 Naled 600 U 39601 Parathion Methyl 73 U 38922 Terbufos 110 U Comments(i) None 12 of Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg 16 Sample ID: 150559/96-AUG-30-09-07 Location: LAKE TPJtFFORD Field ID: C082996-LT6 Collected: 29-AUG-1996 11:00 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: m~-~: Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu Analysis ID: S-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski 4. Authorized: 11-OCT-1996 By: Adrian Niculescu Storet~ Analyte Value . 39333 Aldrin 9.7 U ug/kg · .. 39076 Alpha-BHC 9.7 U ug/kg . 34257 Beta-BHC 17 U ug/kg 34262 Delta-BHC 9.7 U ug/kg ~ 39343 Gamma-BHC 9.7 U ug/kg · .' 39351 Chlordane 120 U ug/kg 150559/96-AUG-30-09-07/S-PEST-CL Continued on W 3'7 ~'.." . .". .' ....... · .....~"'" ' ................ .'". ...... : -..-.~. -... : Units ' 11-OCT-1996 Page 13 of 16. 150559/96-AUG-30-09-07/S-PEST-CL Storet~ Analyte Continued from Page 12 Value Units 39311 DDD-p,p' 17 U ug/kg 39321 DDE-p,p' 17 T ug/kg 39301 DDT-p,p' 17 U ug/kg 39383 Dieldrin 17 U ug/kg 34364 Endosulfan I 9.7 U ug/kg 34359 Endosulfan II 9.7 U ug/kg 34354 Endosulfan Sulfate 17 U ug/kg 39393 Endrin 17 U ug/kg 82633 Endrin Aldehyde 17 U ug/kg 75044 Heptachlor 9.7 U ug/kg 39423 Heptachlor Epoxide 17 U ug/kg 39481 Methoxychlor 41 U ug/kg 39403 Toxaphene 600 U ug/kg Comment(l): None Analysis ID: S-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Amalyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value Alachlor 240 U 39631 Atrazine 39 U Bromacil 240 U 38818 Hexazinone 160 U Metalaxyl 480 U 81409 Metribuzin 160 U Norflurazon 240 U 78688 Prometryn 80 U 39046 Stmazine 41 U Triademefon 210 U Comments(l) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet~ Analyte Value 29995 Chlorpyrifos Ethyl 80 U 29998 Diazinon 80 U 81887 Disulfoton 120 U ~ O 150559/96-AUG-30-09-07/S-PEST-P Continued on P. Units ug/kg ug/kg ug/kg ' 11-OCT-1996 Page 14 of 26 150559/96-AUG-30-09-07/S-PEST-P Storet~ Analyte 39399 Ethion 82288 Ethoprop 73032 Fenamiphos 46345 Isofenpho~ 39531 Malathion Methamidophos 82643 Mevlnphos 30013 Naled 39601 Parathion Methyl 38922 Terbufos Comments(i) None Continued from Page 13 Value Units 39 U ug/kg 80 U ug/kg 240 U ug/kg 80 U ug/kg 120 U ug/kg 2400 U ug/kg 200 U ug/kg 650 U ug/kg 80 U ug/kg 120 U ug/kg Sample ID: 150560/96-AUG-30-09-08 Location: LAKE TRAFFORD Field ID: C082996-LT6D Collected: 29-AUG-1996 11:05 Authorized: 11-OCT-1996 Type: Grab Sample Lab Comments: m~c Field Comments: Matrix: S-FRHWTRSD By: RON McGREGOR By: Adrian Niculescu Analysis ID: $-PEST-CL Chlorinated pesticides in soil by mod. 3550/8080 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 20-SEP-1996 00:00 By: Marek Topolski Authorized: 11-0CT-1996 By: Adrian Niculescu Storet% Analyte Value Units 39333 Aldrin 9.6 U 39076 Alpha-BHC 9.6 U 34257 Beta-BHC 17 U ~ 34262 Delta-BHC 9.6 U 39343 Gamma-BHC 9,6 U 39351 Chlordane 120 U 39311 DDD-p,p' 17 U ~ 39321 DDE-p,p' 14 T -~ 39301 DDT-p,p' 17 U 3. 39383 Dieldrin 17 U 34364 Endosulfan I 9.6 U 34359 Endosulfan II 9.6 U · 34354 Endosulfan Sulfate 17 U 39393 Endrin 17 U 82633 Endrin Aldehyde 17 U · 75044 Heptachlor 9.6 U · - 39423 Heptachlor Epoxide 17 U 39481 Methoxychlor 41 U 150560/96-AUG-30-09-08/S-PEST-CL ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg 11-OCT-1996 150560/96-AUG-30-09-08/S-PEST-CL oStoret% Analyte ~ Toxaphene Comment (1): None Page 15 of 16 Continued from Page 14 Value Units 600 U ug/kg Storet~ Analysis ID: $-PEST-N Organonitrogen pesticides in sediment by mod 3550/8140 Prepared: 4-$EP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-$EP-1996 By: Adrian Niculescu Analyte Alachlor 39631 Atrazine Bromacil 38818 Hexazinone Metalaxyl 81409 Metribuzin Norflurazon 78688 Prometryn 39046 Simazine Triademefon Comments(l)' None Value 240 U 38 U 230 U 160 U 480 U 160 U 240 U 79 U 41 U 200 U Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg Analysis ID: S-PEST-P Organophosphorus pesticides in sediment by 3550/8140 Prepared: 4-SEP-1996 00:00 By: Betina Topolski Analyzed: 18-SEP-1996 16:30 By: Marek Topolski Authorized: 18-SEP-1996 By: Adrian Niculescu Storet% Analyte Value 29995 Chlorpyrifos Ethyl 79 U 29998 Diazinon 79 U 81887 Disulfoton 120 U 39399 Ethion 38 U 79 U 82288 Ethoprop 73032 Fenamiphos 240 U 79 U 46345 Isofenphos 39531 Malathion 120 U Methamidophos 2400 U 82643 Mevinphos 190 U 30013 Nxled 650 U 39601 Parathion Methyl 79 U 38922 Terbufos 120 U Comments(i) None Units ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg ug/kg 11-OCT-1996 Page 16 of 16 QUALITY CONTROL REPORT Job ID: 96-AUG-30-09 92.2 121 109 90.0 1~ 107 114 147 144 117 1~ 111 92.2 1~ 110 1~ 141 101 11~ 11~ Precision results are derived from duplicate samples matrix spikes (SPK) or duplicate lab fortified blanks ~,~,~ 10.$ 4.1 7.* 4.2 12.1 2.4 5.7 1.3 *.2 11.1 2.1 4.1 1.0 0.2 ($M~), duplicate (LFB). ********** END OF REPORT R~~ 0CT 2 8 1996 D.E.P. Puata Gorda FLORIDA DEPARTMENT OF E~-~IRONHENTAL PROTECTION Xe~e.tor: SO-PNG-~ D~ t s o d -95-A G- 6- $~mple Location= L~¢. T~'~'~',,~ Storet Sta~£on Numbert - NPD£S Number: Collection Time Beg£n~ End: __sw~xc~ C,rx~.T) 1dATER ~iRIrLUE#T ~E FFLUIE#T ILJ, NX$ SOl L/SrO I)~fT TISSUE CX[xl CAL VA.1TE __CH[]( VASTE r~eld Field Parameters Measured By: Depth SLgnature: Chtor~M, Total ResiSt - 50~ C~): Olssotv~ ~CPr~) S~ple~ By: Sigh&tuts: Sl~nl~ - ~ CPPTh):  Secchf O~th - ~78 Ce): Field Re~r~ Prepared By: ~ ~C~[(~ S~fftc C~t~e-~4 C~o/~): ~alysel Bottle ~pe ~ Bottles Prele~atives AS-G-S GJ-250~ 1 HG-H-S ICE ~-iCP 3-~EST-CL GJ-~ 00~ 1 · S-PEST-N ICE ~ S-PEST-P O ILa, Y g 0 J NPDES Number: Collect£on Time Crab, f~- f~) Ccxapo. £te Beg£n :_ ]:nd: ILA~S Field Parameters Measured By: Signature: Sampled By: Signature: Field Re~ort Prepared By: $1gnatur.: .//~// ~alysea ~ottle T~pe AS-G-S GJ-250~ HG-H-S S-ICP .~S-P~ST-C~--~' , s-P~s:-~| Ls-Pssz-P SOl t/~91 ~.gr TIS~J~ sk~.~ , OTqR Lq~RICALVA~rE ..._CR~I VASTE Field Parameters: (Net): C~LOrfM, ToUt laidult - $00~0 Cog/k): SatiniW- ~ L! Dottles Prllervatives XCE- l ICE MAY OlE FLORIDA DEPARTMENT OF EI~';IROlfMENTAL PROTECTION so-PNO-~ · Storet Sbation Number:__ NPD£$ Number: Collection Time Grabs COm~lite Beg£n:. End: Field Parameters Measured By: Signature: Sampled By: Signature: Field Parameters: (Jretc):- C~O~{M,..Tocst les~du4t - 500~0 Clog/'1.): Sec~l D~Ch ' 0~78 Te~parlCure - 00010 CC): Analyses Bottle Type t Bottles Preservatives AS-G-S HC-H-S $-ICP S-PEST-CL S-PEST-N I-?£ST-P GJ-250ML i ICE OJ-500~L ICE AGE HAY 2 0 I~DES Number: Collectio~ Grab:_ Field Parameters Healured By: Signature: By: Signature: Field Report Prepared By: /~e /';, 0 ~/~'~ /7 %/ /' Analyses AS-G-S HC-H-S S-IC? S-PZST-CL S-PEST-N S-?EST-P Eottle Type OJ-2507~ CJ-SG0Y~ Bottles Preservatives 1 ICE 1 ICE Sc~x~ FIMT lepo~t To:_ " . .. .' : .' .i.:' · ."' ': MAY ~ 0 1997' FLORIDA DEPT~THENT OF ENVIRONHENT]tL pROTECTION C£~rT'R.A/.. LADOKATOKY SA~PL.~ $1J~.~ZTT~L Lab ZD: PMA$ ~;0. ~ 1306 ~.. ~.~au e ~ t.o r · SO-PNG-WTF -- ' d RO-96-AUG-26-2S Field x~/NL=e:~--LT $toret Station Number: NPDE$ Number: Collec~£on Da~e:~ Collection TL~e ~rab:~ Cc~1~oa£te Beg£n: End: S. Ut FACF (SALT) ~EFFLL~XT S01L/SE'~ Ii~NT TISSU~ F£eld parameters ~easured By: Signature: Sa~npled By: Signature: Field Report Prepared By: Analyses A$-G-S HG-H-S $-ICP S-PEST-CL S-PEST-N S-PEST-P __TRIP 8LA~ SOIL __PLAJ~r FIELD I~U(C ~_FII~$gI~ATER MDII~T __FIS~ Bottle Type GJ-250~ Field Parameters: Depth (Feet): CMorirw, Totat Itesldvet - 5~ ~ . ~ CSt~. ~its): T~rature - ~10 CC): # Bottles Preservatives i ICE t'l~l KAl. I/ASTE GJ-~00M~ I ICE · FLORIDA DEP~RTH£NT OF ENVIRONHENTAL PROTECTION PKA$ NO.: 130& to=: SO P~,O WTF O · t ID: lake trafford ~ ample Location:~ Field S~ore~ Sta~£on Number: ~PDZS Number: Collec=£on Collec~£on Time Oc:xu~:)s£~e Beg£nz End: SOZL/SED II~J(T TISSU~ Field par&meters Measured By: Signature: SLmpled By: Signature: - Sign&tufa: Field Parameters: Depth (Feet): Chtoeffl4, Toter Reslduut - SOO6Q (f~g/1.): S~J Depth - S~flc C~e -~ C~o/~): Analyses ~cttle Type AS-G-S GJ-2$0HL ~C-H-S S-ICP S-P£ST-CL GJ-$OOY/, $-PEST-N ~-P£ST-P Bottles preservatives 1 ICE 1 ICE. I JAY 0 lCjB7 Receiving Samples For Request: RQ-96-AUG-26-25 lake trafford Arriving On The Week Of: 26-AUG-1996 Customer: $O-PNG-WTF Requestor: RON MCGREGOR Phone Number: 813-639-4967 Suncom 721-7636 7451 Golf Course Blvd. Punta Gorda, Florida 33982-9359 Comments: icp-all to determine if soil is haz. waste C..O~(2): NONZ samples Analysis AS-G-S 8 HG-H-$ 8 S-ICP 8 $-PEST-CL 8 S-PEST-N 8 $-PEST-P Bottle Type Requested Analyses: Analysis Description Arsenic in soil by Method 7060 (Graphite Furnace) Mercury in solids by Method 245.5, 7470 or 7471. ICP multielement analysis for soil by Method 6010 Chlorinated pesticides in soil by mod. 3550/8080 Organonitrogen pesticides in sediment by mod 3550/814 Organophosphorus pesticides in sediment by 3550/8140 Bottles Preservative GJ-250ML 8 ICE GJ-500ML 8 ICE Cooler Received By: Date: AGENDA UEM, . MAY To approve for recording the final plat of .Charleston Square", a subdivision of lands located in ~ection 15, Township 48 South, Rathe 25 ~ast, Collier County, Florida. _~3NSlDEP~TION~ Engineering Review Section has completed the review of the final plat of -Charlemton Square". This document is in compliance with the County Land Development Coda and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of .Charleston Square" be approved for recording. FISCAL IMPACT~ The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $430.00 Plat Review Fees The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's office for the project. That the Board of County Commissioners approve the Final Plat of mCharleston Square" with the following stipulations: of -Charleston 1. Authorize the recording of the Final Plat Square." I AY 0 lg 7 Executive Summary Charleston Square Page 2 PREPPED BY: ~ohn R. Houldswor~h~, Engineer Engineering Review Date Engineering Review Manager Donald' 'Wi Arnold ' Planning .Services Director 9tncent A. Cautero, Administrator Community Dev. and Environmental Svcs. Date Community Dev. and Environmental Svcs. DIVISION MAY 2 0 1997 · coMMERCIAL AND PLANNED UNI~. -3 ?~ ,TH N, ,lOC L~~~TION TO ~ppROFB TKI FIK~L ~LAT OF -pFLIC~W STRAND To approve the final plat of -Pelican Strand Replat', a subdivision of lands located in Sections 18 & 19 , Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONI Engineering Review Section has completed the review of the construction drawings, epecificatione, and final plat of -Pelican Strand Replat'. Theee documents are in compliance with the county Land Development Code and Florida SCare S~atute No. 177. Ail fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved eecurity for recording purposes at a later date. This procedure would Me in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of ~Pelican O Strand Replat" be approved with the e~ipulation that the final plat not be recorded unti. l_ t.h.e required, i_m_p_r.o_v~e~..en~t_s .h.a~v.e~b~entoCO~LX~an~t~ and accepted or until ~Ae approves se~,~-Au~, -- -- ...... -- completion of the required improvements. The fiscal impact to the County is none. The project cost is $2,800,645.25 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving & Grading - $1,035,305.00 - $1,765,340.25 The County will realize revenues as follows: FlAnd: 113 Agency: County Manager Cost Cent~i: 138900 - Development Services Revenue generated by this project: Total: $53,283.88 Fees are based on a construction estimate of $2,800,645.25 and were paid in January and~ 1997. Executive Summary Pelican Strand Page 2 The breakdown is as follows= b) c) Plat Review Fee (5425.00 + $4./ac) Conetruction Drawing Review Fee Water & Sewer (.50% const, est.) Drainage (.50% const, est.) Paving, Grading (.425% const. -$ 256'7.00 - $ 5176.53 est.)- $ 7502.69 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $15529.58 Drainage, Paving & Grading (1.275% const, est- $22508.08 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ~ECOK~ENDATION: That the Board of County Commissioners approve the final plat of .Pelican Strand Replat" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. ~xecutive Summary Pelican S~rand Replat Page 3 PREPARED BY: ~h~ R. HouldeWor=h, Senior Engineer ~n~ineering Review ~L~I EWED BY: ck, P.E. Engineering Review Manager bo~ald w. A'knold ' Planning Services Director 9tncent A. CeuteEo, Admin4~ra~or Community Developmen= & Environmental Services community Dev. and Environmental Svce. DIVISION JR~:ew Date Date Date / Date ' MAY Z o 1997 [MERCIAL AND PLANNED UNIT TH CONSTRUCTION AND MAINI~N~ AGI~MENT OF SUBDIVISION IMPROVRMY-.N'I'S PRIOR TO RECORDING OF PLAT THIS CONSTR.UCTION AND MAINTENANCE AGREEMENT FOP. SUBDMSION IMPROVEMENTS PRIOR. TO RECORDING OF PLAT AGR~ entered into this day of ,19 between Pelican Strand Ltd., a Florida Limited Partnership, hereinafter referred to ts "Devel~', and the Board of County Commissioners of Collle~ County, Florida, hereinafter referred to ts "the Boa~'d". 1. Developer has, simultaneously with the delivery of this Asreement, applied for the approval by the Board ora certain plat oft subdivision to be known as: PELICAN STRAND P, EPLAT OF TRACT "F' 2. Di,,4sion 3.2 of the Collier County Unified Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the finxl plat. " NOW, THEREFORE, in consideration of the foregoing premises and mut~ covenants hereinafter scl forth, Developer and the Board do hereby covenant and agr~ ts follows: 1. Developer will cause to be constructed the Required Improvements within 6 months from the date of approval of said subdivision plat, said infrastruetm'e (water, sewer, drainage & roadway) improvements hereafter referred to as the required improvements. 2. Developer herewith agrees to construct s,tid improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the developer shall xender its subdivision performance security in the amount of $ $280,064.~2 which r~ts 10% of the total contract cost to eomplcle construction. Upon receipt of said subdivision tgfformsaee security by the Development Services Director, the Developer may t~lUeSt the Bo~t of County Commissioner~ to approve the subdivision plat for recording sad grmt preliminary approval of s~id plat. 4. Thc required improvements shall not be cousid~ complete until a statement of substantial completion by Developer's engineer along with the firml project records have been famished to be reviewed md approved by the Development Services Director for compliance with the Collier County Unified Land De vel opm ent Code. ~~l 1 5. The Development Services Director shall, within sixty days of receipt of the siaIemeni of substantial completion, either: a) notify the Devel~ in writing of its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Board's acceptance of the improvements. However, in no event shall the Bom'd refuse preliminary approval of the improvements if they are in fact constructed and sub, tied for approval in accordance with the requirements of this Alp'cement. 5. The Developer shall maintain all required knprovements for a nfinimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, ii'found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Bored, the Board shall release the ten percent subdivision performance security. The Developer's responsibility for maintenance shall continue unless or until the Bom'd accepts ~ responsibility for the County. 7. In the event the Developer shall fail or neilect to fulfill its obliiations u~k'r this A~eement, upon certification of such failure, the County Admini,uitor may call upon ~ subdivision performance security to secure completion, repair md maintenance of the required improvements. The Board shall have the right to construct and maintain, or c~use to be constructed and maintained, pursuant to public adveflisement and receipt of acceptance orb/ds, the improvements required herein. The Developer, as principal under the subdivision performance security shall be liable to pay and to indemnify the Board, upon completion ofsuch construction, the final total cost to the Board thereof, includinE, but not limited to, enEineerinE, legal and contingent costs, together with any damaEes, either direct or cim,seqve~J~ which the Board may sustain on account ofthe failure of the DeveloI~ to carry out all of the provisions of this A~reement. $. Ail of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assi~ls of the Developer. 2 MAY 20 p~Su~d, Lul.,a~~ ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA Approved as to form and legal sut~ciency Assistant County Attorney Timothy I. Hancock, Cha~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledited before me x99_7 ,~_ Public Seal flfi~'day of~ , who is perwnnlly known to me, m identification and who did (did not) ts~k¢ an oath. Print name of Notary Public My Commisswn Exp~ CMA. SAM RECOMIVIENDATION THAT TH~ BOARD DIRECT STAFF TO RE-SOt. ICIT PROPOSALS FOR TH~ EEMOVAL AND/OR RECY~G OF AGRICUt.TURAL PLASTIC STOCIO:qLED AT THE IMMOKALEE LANDFILL. ~4AY 2 f3 t~$7 AWARD A CONTRACT FOR BID NO. 96.25'/8 "ALL PURPOSE UTILITY TRACTOR" TO CREEL FORD TRACTOR COMPANY IN THE AMOUNT OF ~ To award a contract for the purchase of an "All Purpose UtOity Tractor" for use in the Collier County Beach Cleaning Operations. CONSIDERATIONS: Sealed bids for Bid No. 96-2578 were opened on Sepiemb~ 11, 1996. Advertisement for bids were ix)sled on Au~ast 14, 1996. Invilations to bid were sent to seventy-one (71) vendor1. A summary oft, he bids received is as follows: CONTRACTOR Glade & Grove Supply Creel Ford Tractor Kelly Tractor Sandland Equipment Corp. Glade & Grove Supply Glade & Grove Supply $38,395.00 38,50O.OO 43,295.00 45,810.00 39,375.0O 39,875.00 The Office of Capital Projects Management has renewed the total costs and has found them to be correc~ as tabulated. The low bid from Glade & Grove Supply was for the tractor currently under rental for performance of the beach cleaning operation. Based upon a review of the specifications, the tractor for which the Iow bid was submitted does not mee~ the definition of"New" equipment and therefore is disqualified. As such, the staff recommends that this contract be awarded to Creel Ford Tractor Company as providing the equipment specified for the lowest cosi and being in the bes~ interest of Collier County. ~ISCAL IMPACT: Cob-t: Fund: Co~ Center: Project Number: $38,500.00; to be obligated in the budget for FY 96/97. (195) Tourisl devdopmem (60%). (110406) Be~ch Renourishment - c~tegory A. (80225) Collier County Beach Renouriflm~'nt. Funds in the amount of S25,000.00 have been previously appropriated for this purpose (Agenda Item 16 (B) (1), April 23, 1996). Therefore, a budget amendment will be necessary whereby the additional funds required will be transferred from Fund 195 reserves to the appropriate ~xpendil~e cale~ory for this obligation. Executive Summary MAY 2 0 l tg7 "All PurpoIe Utility Tractor" INVITATIONS SENT TOI 71 Vmndorl POSTING DATEI Aug. 14, 1996 OPENING DATEs Sept. 11, 1996 Total Pri¢i for =he Fu:v. iIh & Delive.--f of ~n All Purpose Utility Tractor per the ipecifica:ionl. Delive---y Tine in Calendar Days ARO Spe:ificationl attached,,,,,/Yel__No /YII__NO ~/YII NO _~YeI__No Prcnp= Pay=en: Te.---'-.l: __%/dayS Net 30 Ne~ ~0 Addezda : "Ch e .-,"y 1J Gen t r-f, "No Bids" received froml M.D. Moo~y & $one, Inc.; Action Fabrication & Truck Equipment; L.B. Smith, Inc.; Pro£quip, Inc.; Car~o=ec Southeast, Inc.; Rind Rent; Linder In~ustri&l Machinery; Altec £n~ultr~ee, Inc.; Future Rorizons, Inc.; B.J. Excavating Equipment, Inc.; Southeas~ Waste Systems, Inc.; Owatonna Equipment Company; Menzi USA Sales, Inc.; and Southern Crane & Tractor Supply To=al Price for the ~'urnish & Delivery of a_n Purpose U=ili=y s~ecificaticns. Delive---y T~-r--e Ln ¢,ie=d&r Days A.JO =-.-==-.~'- ~ay':en"- Ten----s: Yea No .Yea__No C?.e-'-fl Gepl-f, ~u--chaei=~~-'-c'~a-~ 'No Bids" received ftc=: H.D. Moody & Sons, Inc.~ Action Fabrica=ic= & T.-uck Equip=en=~ L.B. Smith, Inc.~ P=o£~Aip, I~c.~ Cargo~ec Sou=bees=, Inc.~ Ring Ren=~ Linder Indus~rial ~achinery~ Altec £ndus~ries, Inc.~ Future Hori=ons, Inc.~ B.J. £xcava~lng £quip~en=, Inc.~ Southeast Waste Sys~e-=s, Inc.2 Owe=once E~uipnen= Co=~&ny~ Menz! USA Sales, Inc.~ and Sou~he.-n Cra_ne & Tractor Supply. IXICUTIVl SUMMARY REQUEST THE BOARD DECLARI~ AN EMERGENCY WITH RESPECT TO THE REPLACEMENT OF THE SABAL PALM ROAD CULVERTS AND AUTHORIZE AN INCREASE IN THE CR 951 CONTRACT WITH BETTER ROADS, INC., (COUNTY CONTRACT NO. 95-2320) IN AN AMOUNT NOT TO EXCEED $227,607.20 FOR SAME. ~ To have the Boa,rd docla~e an emergency with respect to the replacement of the deteriorating culverts under Sahal Palm Road where it crosses the CR 951 canal and to have the Board authorize a contract increase with Better Roads, Inc., in an amount not to exceed S227,607.20 for the neces~ry structure repl~'ement and ancillary work. CON$1DIRATION$: The contract for the four-laning of eR 951 between SR 84 and U.S. 41 included the reconstruction of the intersection of Sabal Palm Road and CR 95 I, bm did not include the replacement of the culvert pipes under Saba] Palm Road. Discussions with representatives of the SFWMD over a year ago indicated a need to in~ canal capac/ty at that location and to repah' existing pipe deterioration. The flow lines of the ex/sting pipes have almost completely disintegrated and may pose a threat to public safety. At that time, the recommended pipe replacements were to be five 72-inch metal culvert pipes; currently', there are four 60-inch metal culvert pipes. The increased waterway area would resolve the capacity need and the new pipes would resolve the deterioration problem. Subsequent to those discussions, the SFWMD determined that a different type of stn:cture would be necessary. The revised structure will be in the form of a precast concrete box culvert. OCPM and Transportation staff have obtained a cos~ proposal from the contractor to perform the work. The to~al cost submined by the contractor is $227,607.20. A breakdown ofuni~ price items is attached (Attachment No. I ). These costs reflect current uni~ prices and the need to maintain traffic during the construction County staff is anempdng to obtain approvals of an alternate access plan utilizing a private canal crossing located north of Sabal Palm Road. Should the alternate access become available, the cost of the culvert replacements could be reduced by eliminating the cost ora detour road. Therefore, Transportation Services staff is recommenJing that latitude be given to statTto develop an alternate construction detour, if possible. The ex/sting CR 95] construction is complete. The contract is in the t'mal rages of being closed out. Transportation Services Department staff is requesting that the Board declare the replacement of the Sabal Palm Road culverts to be an emergency and to authorize staffto prepare the necessary Supplemental Agreement with Better Roads, Inc., to complete this work. Since there is a need to process all documents concurrently with preparation and subminal of this Agenda Item, the County Atlorney's Office and the Purchasing Department will be reviewing and approving all documents prior to f'mal execution by the County. FISCAL IMPACT; Funding is available from the Project Account as follows: Fund 313- { 63673.763100-6606 I (Road Construction - Gas T~x) GROWTH MANAGEMENT IMPACT; $227,607.20 N/A RECOMMENDATIONS: That the Board of County Commissioners: approve a Supplemental Agreement with Rerter Roads, Inc. in an amount not to exceed $227,607.20 for the replacement of the existing culverts with a precast concrete box culvert structure; authorize s~tTto investigate an alternate detour route plan and. if such plan is feasible, to implement a reduction in tte total cost; authorize the OCPM Director to execute the Supplemental Agreement and process the necessary documents, subject to review and approval by the County Anorney's Office and the County Purchasing Depanmen1 ,.~.*c.~,~_~)'~:l.') MAY 2 0 1997 Attachments: NO.1 - Unit Price Bid Item Breakdown MA'f 2 0 1997 18135972181 BETTER ROPJ)S INC 718 F~I MP~ 8? '99 19:22 BETTER ROADS INC. O55g0 SHIRLEY STREET NAPLES, FLORIDA 3410g PHONE: (941) 597-2181 FAX: (941) 597-1697 PROJECT: SABAL PALM CROSSING LOCATION: CR 951 07-Moz-97 10:10 AM *' BID ITEM8 ** DESCRIPTION L- 1 EXCAVATION L-2 BACKFILL L-3 DEWATERING L-4 24 X 8.5 PRECAST STR + FOOTERS L-5 HEADWALL L- 8 WING WALL L-6 BANK STABILIZATION L-7 LIMEROCK 8' L-8 SUB-BASE 12' L-9 ASPHALT 1.6' TYPE S-Ill L- I0 MAINTENANCE OF TRAFFIC L- 11 MOBILIZATION L-12 SIGNING & MARKING L- 13 FLOATING TURBIDITY BARRIER L-14 SODDING L- I ~ 38" RCP L-16 36' MES L-17 GUARDRAIL L- 18 GUARDRAIL REMOVAL L- 19 TYPE F CURB TOTAL QUAN. 2~0.00 SO0.O0 1,00 1.00 2.00 4.0O 100.00 706.00 742.00 658°OO 1.00 1.00 1.00 126.00 2.00 80.0O 80.00 1 0O.00 UN. CY CY LS L8 EA EA SY SY 8Y 8Y LS LS LS LF SY LF EA LF LF LF TOTAL UNIT $133.580.00 $2,120.00 ~¢,180.0O $32.00 $7.70 $2.70 $5.1o $18,390.00 S16.660.00 $4so.o0 $22.0O $1.30 $56.00 $2,010.00 $48.00 $2.25 $9.90 AMOUNT $3,122.00 $2,230.O0 $133.580.0O $16,720.O0 $3,200.00 $5,436.20 S3.345.60 $16.390.O0 S16.660.0O $2,75O.00 $780.00 SS.040.O0 S4,020.00 S3,680.00 $180.0O S090.0O $227,6O7.20 HAY 2 0 1S97 EXECUTIVE S~Y APPROVE AN ENGINEE~G SERVICF3 WORK ORDER FOR INTEr--ON IMPROVEMENTS AT ORANGE BLOSSOM DRIVE AND GOODLETT~FRANK ROAD O_]i~T~I3~: That the Boa'd ofCoumy Commi~ioner~ zpgrov¢ a work order for grofe~onal enginee~g ~ r~la~ed to expanding the wope of private con.muction to include intersection improvgmcma and a 12-inch w~_!~ main extension. CONSIDERATIONS: On February 25, 1997, the Board ofCounty C. ommissioners approved funding for the subjcct improveanenls as agenda item 16(BX4). Staffhas negotiated a scope of work and fees with Wilson, Miller, Barton & Peek, Inc. and has prcp~ a wo~ order for engineering services rcla~ed to this project. The work order has been rcvicwed and a~proved by t~c coumy attorney's office. FISCAL IMPACT: Proposed engineering fees are $17,400 to be divided betwegn Fund 313 Roads - Project No. 60173 for $ 8,400 and Fund 412 Water - Project No. 70878 for $ 9,000. Proposed OCPM feca are $I ,700 and p~in only to the water main extension. A portion of the funding for thc water main extension was approved in ~ous Board action. A budget amcndment is nceded for additional funding to complete the water main extension u follows: .,,.from: Fund 412, Rest'yes for Water Capital Outlay ~i' To: Fund 412-273511-70878, Orange Blossom Water Main '~ Amount: $5,200 consisting of $3,500 for enginecring fees plus $1,700 for OCPM fees GROWTH MANAGEMENT IMPACT: None. PREPARED BY: REVlE'A'ED BY: RECOMMENDATIONS: 'l'hat thc Board of County Commissioners approve Work Order WMBP-FT97-2 for professional engineering services r~lated to intersection improvements and a 12-inch diameter water main extension at Orange Blossom Drive and Goodlettc-Frank Road. Karl W Boyer, P £, Scm oject Manager Office of Capital Projecu Managemcn! Office of Capital l~'ojecis Madagcrnen! REVIEWED BYe_ DATE: ~ Ed Ilschncr, Pu'~lic Works Admiaistrator Attachment cc: Mike N~ennaa, Watex Di~ctor 1997 WORK ORDER # WMBP-FTg?.2 Alreemen! for Fixed Term Professlona! Engineerinl Scrv-ices Dated September 26, 199:5 (Contract #9S-2422) This Work Order is for professional eng]neirifls services for work known as ~iilt: Oriole Blossom ~rfvf Ind OoodJeue Road Intersection Improvements Ecns~ ~or Proiec~ EflSIneerinS ~efvJces related to desisn, pe~ittin[, coit~c~Jl~, Inspec,lon and construction ensineerJn8 of pavement nod waler utUit.y improvementl co[~:Jdenl with construction by privilt development consistent wJ~h BCC n,:tfon OB Feb~a~ 25, 1997, Afenda Item 16(B)(4). The work is specified in the proposal daled March 27, 1997, which Is I~fa~hed hereto Ind mode a part o~ Ibis Work Order. In accordance with Ihe Terms lsd CofldilJ~ml of Ihe Afreemflt referenced above. Work Order f ~MBP-FT97.2 is assJfned ~o ~llfofl. ~llltr. Baflon A Peek_ Scone of Work: Add tarn lines and Extend a 12-1nth water main as par~ of Caluia Bly'l roldway improvements at Orinie Blossom Drive and Ooodletti-Frlnk K,)ad. Schedule of Work~ Complete initial scope of work within 120 da~s from receipt of the NoNce ~o Proceed au~orizin& Itl. O~work. a~oun: tndici~ed in ~he schedule brian usaa& Iht esliblinhed hourly ra~eCs) is enumerated in Schedule'A- or,he AK.cement. Design Tarn Lanes Water Main Field Observation Turn tines Wi,ct Main S 5.200 3,500 3.200 5.~0~ (tncl.d~n~ plrmits and ccrtifics,lons) SI7,400 Any chan~e wi,his the monetary authority of this Work Order mlde subsequent to final deparlment approval will be considered in Idditional service Ind charged nccordin/ fro Schedule'A' or,he Agfeemenl. R [ VI£ W F. I') DY ATTEST IOARD OF COUNTY COMMISSIONERS Colher County. Florida Oepgly Clcfk ATTEST ./ Gary L. Caren - Secreca=,-y Trmalhy L 'llucock. AICP. CJltflln ~L^HNI..'g~, ENVIRON~.IENT^L CON.~I~LT^NT.~, ENQINEER.~, · ~L'RV~yo~. LANI~,.~,: ~.I-F..A.~CiIITP.,...T~' C,~.~.,c,.I.~L,~...T10~ ~.-~.~.A~.;£R~ 2'/, 1997 Collier Coumy OCPM 3301 E. Tamiami Trail Naples, FL 34112 0ELIVERY SUBJECT: Or. ge Blossom Driv~ Professional Service Amhoriz~tion (Ro~way Project No. 60173; Water Project No. 70878) The purpose of this letter is to outline proposed professional services to be performed on a lump sum fixed fee basis in accordance with the Collier County Fixed Term Professional Engineering Services Contract #95-2422. The proposed services include roadway / watermain design and consm~tion phase services. The project involves designing turn lane. drainage, sidev, alk and a 12" watermain extension improvements from the Goodlerte-FranJ~ Road (CR 851) intersection to the Villages of' Monterey/The Crossings entrances. The scope of sen'ices are as outlined below: 1. Design-Update existing Calusa Bay roadway improvement plans (W'MBP File No. P-469) for Orange Blossom Drive to include westbound mm lane improvements at CR 851, shoulder improvements, mm lane improvements for Autumn Woods and a 12" watermain extension. Fee = $8,700 ($3,500 water fund = 412-27351 I; $5,200 roadwa.v fund = 313-163673). 2. Provide limited field observation for the Orange Blossom Drive roadway improvements. Fee = $3,200 (roadway fund = 313-163673). 3. Provide limited field observation for the 12" watermain extension improvements. Prepare FDEP permit application and certifications for the watermain. Fee - $5,500 (water fund = 412-273511). We anticipate completing this project within 120 days from the notice to proceed date. We look forward to working with you on this assignment. Sincerely, /W]'.~/N,/J~-t~Rf~ ~ARTON & PEEK, INC. N~rman'J./Tr'~'~c~'', P.E. Associate/ ~A¥ 2 0 1997 pr, .... ~.R ' -- Executiv~ Sununazy P~ge 2 In a,~dition, it is r~luested tim authorization be granted to incr~se Pu~lutse Order No. 603829 in the amount of $2,000.00 to provide sufficient funds for tcrmination of the tractor rental fi'om Glade & Grove Supply. Sufficient ftmds m'e available in the current budget for this obligation. GRQWTH MANAGEMENT !IyI'PACT: None RECOMbt~NDATIOI~; That h~e Board of County Commi~oner~: 1. Award a contract for Bid No. 96-2578, "All Pmlx)se Utility Tractor" to Creel Ford Tractor Company in the amount of $38,500.00 snd authofiz~ the issuance of~ purchase order for same. 2. Approve the necessm-y budget ~mendment. 3. Authorize an increase to Purchase Order No. 603829 in the mnoun! of $2,000.00. Harold E. Hubs, Proje~ M~aag~ Ill Office of Capital Projec~ M~gemem '- ' /~ ~' ~ ~~DBY: .{~ ~.~ , ~t~.. S~e ~ ~ ~ce of ~pi~l ~j~ M~g~l ~~D BY: ~~~~ ~ ll~~is~or - - " ~blic W~ Di~ion Dlte: ~ a~tachment Steve Camell, Director, Purchasing Departmeat Glade & Grove Supply Creel Ford Tractor Company Travis Gossa~cL, Fleet Managem~t Depa.qznent IC~ I/e xs m, ~.ieelford .03 MAY 2 0 1SS7 APPROVE FINAL RANK]2qG OF CONSULTANTS AND PROFESSIONAL SERVICES AGKEEMENT WITH CAMP DRESSER MCKEE FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE NCRWTP 8-MGD EXPANSION PRO/ECT, RFP #97-2625 ~ve a ne8otiat~ ~f. sional S~ A~t ~ ~e ~ ~e ~ F~, C~p~ McK~, Io ~o~ ~~ ~~g ~d i~~ ~ ~~ in ~ ~7-262S. CONSIDE~O~ ~ J~u~ 7, 1~7 in~mtio~ f~ ~s w~ ~but~ by ~e ~h~ing D~~t to ~o hm&~ fou~ (214) ~n~ng fi~. Five (5) ~ f~ proposals on or before ~e ~bli~h~ d~dline of Fe~ 7, 1 ~7. ~e Consulter Sel~tion Co~i,~ ~ ~ ~e r~nd~ ~ follow~: 1. C~p ~ess~ McKee (CDM) 2. ~mley-Hom & As~iates, ~c. 3. Hole Montes & ~s~iates, ~c. Staff~ negotial~ a ~pe ofwo~ ~d fees ~ ~e co~l~t. ~e ~ ofwo~ ~i~ of or the NC~ 8-~d E--Esj~'~:uT~P~ m?~ ~ 9~g ~e ~~on to provide ~ese s~iccs ~ S~96,980.~, ~ det~l~ in ~e a~ch~ ~M p~fessio~ ~c~ a~e~ent. During neg.otiations with CDM, one minor modification to our r,.andard professional services agreement insurance requirements was agreed to by Risk Management and the County Attorney's ...... ruuct,,.,,~ m ficu oi:~ ,w'v,vwo coverage and a CDM $50,000 deductible. This actually benefits Collier County with a higher coverage in the event ora claim. A review of CDM's credentials indicates that this firm is a sound risk with respect to the higher coverage and higher deductible. Metcalf & Eddy, Inc., the initial design consultants, will be retained to provide design clarifications, shop drawing review and record drawing services during the construction phase. Signed agreements will be for,yarded for the Chairman's signature. County Attorney approval has been obtained. FISCAL IMPACT[ Funds in the amount of $596,980.00 are available in project fund 412-273511-70859, NCRWTP 8-mgd Expansion project. (~ter Capital ~t Prod) GROWTH MANAGEMENT IMPACT;_ This work will ensure water service reliability in the water system and is consistent with CIE 859. MAY 2 0 j Executive Summ~y Page 2 RECOMMENDATIONS: Staff~ends that the Board of County Commissiont~ as ~e Governing Body of Collier County arid as Ex-Officio the Governing Board ofth¢ Collie' Couaty Water-Sewer District, approve the final consultan! ranking as recommended by the Consultant Selection Committee, approve the Professional Services Agreemcm with Camp I)na.s~ McKee in the .amount. of .$596,980.00 to provide thos.- professional consWacfion ~gineerin8 and impecfion scmces related to the NCRW1T 8-mgd Expansion projec~ pm'su~! to RFP ~97-2625. PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED PS:ps attachment Peter Schalt, PMP, Project Manag~ Office of Capita.l Projects Management ^ao fo .... Office ofC~ital PRtjec'~Managemen! Steve Camel~, Director Purchasing Department Public Works Division CC: Michael R. Newman, Water Direclor Karl W. Boyer, P.E., Senior Project Manager MAY 2 0 l~O..q7 I' THZS A~REE~XNT is made and entered into this . _ day of , 19 , by and betw~en the Board of Count~Co,w~lssioners for Collier County, Florida, a political subdivision of the State of Florid· and ex-of£icio the govern/rig board of the Collier County Water-Sewer District(hereinafter referred to as the and Cam~ Dresser McXee · Massachusetts corporation, authorized to do business An the State of Florida, whose business address ia 2440 ~olden gate ~a~kwaMo mite ~X4~ ~a~leao PlorAda 34105(herein&f~er referred to as the 'CONSULTANT-). W ~' T N E S S E T H: W~EREAS, the OWNE~ desires Co obtain the professional en~inoering and inspection services o~ ~he CONSULTANT concernin~ certain desiTn services for the ~Cawx~ I-~gd Expansion Construction Zn~ineering and Znspection Be~'~ices (hereinaf~er referred to as the 'Projec~"~0 said services being more fully described in Schedule A, 'Scope of Services-, which is a~sched hereto and incorporated herein; and and WHEREAS, =he CONSULTA/TT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services =ha= will be required for the ProJec=. CDMCEI.1 NOW, T~R~FO~, in consideration of the mu=u·1 c~venants .nd provisions contained herein, the per=its hereto agree es follows: ~-RTI CLE O1~ C~NS~ULT~/~T' S J~ESPONSIBILITY 1.1. C~NSULTANT shall provide to OW~ professional ~'=gineez£ng ~ ~ection services i- ali. phasee of the ~'roJect to whic',, thi. A~reerr~nt a~lJ. ee. 1.2. The Basic S·rvices to be performed by CONSULTANT hereunder are s%t forth in the Scope of Services described in detail in Schelule A. The total compcnl·tion to be paid CONSULTART by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis cf Compensation., which is att·chad hereto and incorporated ~erein. 1.3. The CONSULT~/~T agrees to ob=·in and ma£nt·£n throughout the period of this ~ree~ent · 11 such licenses ·s ·re required to do bueinels in the State of Florida ,nd in Collier County, Florida, including, bur not l~mited to, &l~ licensee required by the respective st·re boards and other governmental ·gencie· responsible for regu~ating and licensing the 9rofesstonal services =o be provided ·nd performed by the CONS~JLTA/TT pursuant to this Agreement. 1.4. The CONSULT~T agrees that, when the se~tcee to be provided hereunder relate to · professional service which, u~der Florida Statutes, requires & ~icense, ce~cificate of authorization or CDMCEI-2 MAY 2 U PC- .__.~__ "~- '~' other form of ~egal entitlement to practice such servicss, it shall employ and/or retain qualified personnel ~.o provide such services. 1.$. CONSULTANT agrees to employ·nd desi~na=e, ln writing, wir. h/n five (5) calendar days after receiving its Notice to Proceed, · qualified licensed professional =o serve as the CONSULTANT's project manager (hereinafter referred to ~s the 'Project Manager,). The Project Manager shall be authorized and responsible to act on be/lalf of the CONSULTANT be provided and performed under =his Agreement. Within fiv~ ($) calendar day~ fro~ the Notice to Proceed issued by the OWNL~R to the CONSULTANT, the CONSULTART shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTART, acknowledging that the Project Manager shall have full authority to bi~d and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTART agrees that the Project Manager she1! devote whatever time is required to satisfactorily the services to be provided and performed by the CONSULTARThereunder. The person selected by the CONSULTART to serve as the Project Manager shall be subject to the prior approval and acceptance of the OW~FER. 1.6. CONSULTA/TT agrees, within fourteen {14) calendar days of receipt of a written request from the OWNER, to pro~tly remove and replace the Project Manager, or any other personnel employed / or retained ~ the C0NS~TAFr, or any subconsultants or su~c~tr&ctois or ~y ~rs~l ol ~y such s~consul~s or s~rlc~ors engaged ~ ~hs ~T~ ~o pr~id~ ~ perfo~ se~icss or ~rk pursu~ ~o ~ r~irm~n~s of this ~r~n~, wh~ ~h~ ~ s~ll re~es~ In ~l~tn9 ~o be re--ed, ~ich re~es~ ~7 ~ ~de ~ ~he O~ wi~h or c&uJe, 1.7. The CONSULTANT has represented to the 0WN~ that ic has ~?~erttle in the type of °o . professional services that will be required for the ~roJect. i~ CONSULTANT agrees that all lervlces to be provided by CONSULTANT pursuant Co this A~reement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulsttons and requirements of any governmental agencies which regulate or have ~urisdictton over the Project or the services to be provided and performed by CONSULTANT hereunder. In the even= of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional Judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNeR's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of CDMCEI.4 Judicial or legislative proceedings where such information has b~en properly m~oanaad, non-public information concerning tbs services to b~ ren~eredbyCONSULTA~Thar~=~er, and CONSULTANT shall require ~11 of Its employees, agents, subconsultants ax{d subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to cartif7 all estimates of construction costs ~ Pro~ect cc~plstlon dates prepared by the CONSULTART. Said csrtlflcations shall be in & form approved by the OWNER. "' 1.10. Evaluations of the OWNER,S Project budget, preliminary estimates of construction cost and detailed es~i~tes of construction cost prepared by the CONSULTANT represent the C0NSULTAi4T,S best Judgment as a design professional lam/liar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to the CONSULTA/~T. Notwithstanding an}~htng alx~ve to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTAITT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. CDMCEI-5 ARTXCLE TWO ADDXTXONAL BERVI~ 0r CONSULTANT Xf authorized in writing by OWNE~, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for ~¥ OWNER as indicated in Article FAys and Bc~edule B. The £ollowing services0 if not otherwise specified in Schedule A as parc o£ Basic Bervices, shall be Additional Bervices, 2.1. Preparation of applications and supporting documents (except Chose already to be furnished under this Agreement) for priv&te or ~overnmental ~ranta, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or i~s design including, but not limited to, changes in sl~e0 complexity, OWNER's schedule or character of conatructlon~ and revising previously accepted studies, reports, design documents or Contrac~ Documents when such revisions are required hy changes in laws, rules, regulations, ordinances, codes or orders enacted suhsequen~ to and no= reasonably an=lctpated prior to the preparation of such studies, repor=s or documents0 or are due to any other causes beyond CONSULTANT,s control. CDMCE~ 2.3 Preparation and submission of ~n£orma~on to and neceeeaz~ consul~a~iona wi~h ~he County Transpor~a~l~ ~pa~mn~ F~or~ ~pa~mn~ o~ ~rmn~al '~ac~. F~or~da ~pa~n~ of ~s~a~, ~h ~ori~ Wa~er ~~C DisCrtcC, U.8. ~' Co~s of ~ineers or o~her a~r~riaCe re~laCo~ agencies, in order Co ~Cain ~cessa~ ~ts or a~r~als for c~st~i~ of ~e ~ect, ~less such ~ts a~ ~ressly included tn ~astc Semites to ~ ~rfo~d ~ ~~ hereunder as est fo~ tn the Schedule A-Scope of Semites. 2.4 Providing renderings or ealele for OifNER,s use. 2.$. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and eppratsals~ and evaluating processes available for licensing and assisting O~r~a in obtaining process licensing. 2.6. Furnishing services of independent professional associates end consultants for ocher than the contract services to L. provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNL~,s office. CDMCEI.7 MAY 2' 0 K... 9,,, 2.~. Assistance in connection with bid protests, rebidding or renegotieting contracts for const~ction~ ~teria~s, equipt~nt or eez'~ices~ ~xcept &e o~h~se p~td~d for berlin 2.~. Pr~d~n9 ln~ ~ o~ pr~y lu~ys, n~rill pho~r~ph~ or ~la~d ~ngineer~ semites needed for =he transfer of in~eres=s In real pr~er=y ~d field su~eys for desi~ pu~osee and engineering su~eys ~d staking t~ en~le contractors to proceed with their ~rk and pre,ding other spec~sl f~eld au~a. 2.10. Preparation of operating, .mtntenance and staffing em~uals, except as otherwiee provided for herein. 2.11. Preparing to eerve or serving aea CONSULTANT or witness for OWNER in any litigation, or other legal or admintetrative proceeding, involving the Project (except for assistance in consultations which ere included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished ~n accordance with generally accepted engineering and inspection practice. CDMC~4 MAY OWNER' $ RESPONSIBILITIES 3.1. The Owner shall design&Es in writing a project coordinator I:o act &s OWNER.s repressnt&ttve with respect to the ssrvicss to be rendered under ~his (herein&fret referred to as ~he "Pro]sc= C~rd~na~or.}. ~e P~],c= C~rd~=or have au~hor~=7 ~o transmit ina=~c=~ons, rac~iv~ info~ion, ~n=,~r,= ~ define ~ic~s and decisions w~=h res~c= ~o ~T~l.~.~ices for ~e Pro]nc=. ~he Pro~ec~ Coordinator La no~ Authorized ~o Lssue ~7 verbll or ~en o~ers or ina=~c=ions ~o =he ~NS~T~ =~= ~ld ~ve ~he effect, 6r ~ ln=e~re=ed ~o ~ve ~he effect, of ~tfytng or ch~ing in ~y way wha~er~ (a) The scope of semites =o ~ pr~/ded .~ perfo~d ~ ~he ~N~T~ here~der~ (b) The =~me =he CON~T~ is obligated ~o c~ence and c~le~e al~ such se~tces; or (c) The amount of co~pensation the OWNER is oblige=ed or coe~itted to pay ~he CONSULTANT. The Project Coord£nator shall: (a) Review and make appropriate recom~endations on all requests sub~itted by the CONSULTANT for payment for services end work provided and performed in accordance with this Agreement; HAY 2 0 1S~7 ~.11 ,, c. (b) Provide all crt=eria and information requll~ld by CONSULTANT as ~o OW~ER,s ~d any bud~eca~ l~aClo~ (c) Upon request fro~ Project, includin9 ~/sCtng drawings, ~ctf/catA~, sh~ ~a~s, P~uct li~era~ure, previous re~r~e ~ ~7 0~;~ da~a relative ~o desA~ or consC~cCion of ~he ProJec~ (d) ~range for access ~o and ~ke all Pr~Asi~s for Project s/ce Agreemen=; and · (e) Provide no=ice =o ~MS~T~ of any deficiencies or defec=s dtsc~ered ~ ~he O~R wi=h respec= =o =he se~ices ~o ~ rendered ~ ~N~T~ here~er. 3.3. CONS~T~ acknowledges =ha= access ~o =he ProJec~ Si~e, ~o be a~ged ~ ~ fo C0NS~T~, may be provided during =tmes =ha= are no= ~he noel ~sAness hours of =he CONS~T~. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rtgh=s-of-wa¥, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. CDMcEI-IO MAY2G :~97 / ARTICLE FOUR TIM~ 4.1. Sarvtces to be rendere~.'by CONSULTANT shall be co~,enced subsequent to the execution of this Agreement upon written Notice to Proceed fro~OWNER for all or any designated portion of the Project and shall be perfomed and coexisted in accordance with the Project Schedule attached hereto and mede a part hereof as Schedule C. Time is of the essence with respect to the performance of this A~reement. 4.2. Should CONSULTANT be obstructed or delayed in the proiecution or coe~letion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNE~ in writing within five I$) working days after co.r, encement of such delay, stating the cause or causes , or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the co,r~encement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CON~'ULTANT of its duty to perform or give rise to any right to damages or additional co~pensation from OWNER. CONSULTANT's sole remedy against OWNER CDMCEI.II expressly apply Co claims for earl7 comp~ecion, as ~1~ as cla~u hated ~ c~le=ton. Pr~tded, h~ve~, if t~gh no fault or'~eglecc of the ~~, semites ~o ~ pr~tded here~er ~ve no= ~en c~le~ed wi~n 24 ~ of hereof, the ~N~T~,s c~nsa~l~ shall ~ e~l~ly adjusted, ~ reset= semites =ha= ~ve no= ye= ~en ~rfo~d, to reflec2~he lncr~ntal ~ease e~erlenced ~ ~N~T~ after ~ira=ion of ·aid ~n~y-f~ (24) ~ ~rl~. 4.4 Should the CONSULTANT fail Co coflwnence, provide, perform or ~oe~lece any of the services to be provided hereunder in · C~mely and reasonable manner, In addition to any other rights or remedies available Co the OWNE~ hereunder, the OW~E~ aC its sole discretion and option may withhold any and all payments due and owing ~o the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish Co the OWNER,s satisfaction Chat the CONSULTA.qT,s performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION S.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled 'Basis of Compensation-, which is attached hereto and made a parc hereof. CDMCLr/.12 ARTICLE IIX OWNZ:R,BI. IZ~ OF DOCUMENT8 · 6.1. Upon completion or term/nation of this Agreement, all records, documents, tracings, plan·, specifications, maps, evaluat£on·, reports, co~puter assisted design or drafting disk· and other technical data, other than working papers; prepared or developed by CONSULTANT under this Agreement ·hall be delivered to'~nd become the proper~y of OWNER. CONSULTANT, at its own expense, may re~ain copies for its flies and in~ernal use. OWNER -.. agrees to indemnify and hold harmless CONSULTANT with respect Co any claim, loss or damage, including attorneys fees Incurred by CONSULTANT due '~o the OWNER's ule of Bald records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on ·oma other project unless such uae LI authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER Ln ~hs 6.1. ·boys, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE HAZI~EN~C£ OF RECORDS 7.1. CONSULTANT will keep adequate records and suppor:ing documentation which concern or reflect its services hereunder. The recorus and documentation will be retained by CONSULTANT for · minimum of five ($) years from the date of termination of this Agreement or the date the Project is completed, whichever ts CDMCEI.13 HAY20 _ ~e~. O',~:R, o~ &ny duly &u~horls~d ~9e~s o~ ~eprele~tv~s o£ OW~g~.0 sh~l have rtgh~ to &udtt, inspect and colr~ all such records and documen~atton as often as they necessary during ~he peri~ og ~h~l ~re~n~ a~ d~ing ~ht ~ve (5) ~ar peri~ no~ed ~e~ pr~ided, however, ~uch activity ~11 be c~uc~ed onl~ d~ noel ~siness houri. ARTICI~ INDEMNIFICATION 1.1. The CONSULTANT in consideration of $10.00, the lufficiency and receipt of which acknowledged through the signing of thiI Agreement Iha11 protect, defend, indemnify and hold OWNER and its officers, em~loyeeI and agents harmleeI from and againlt any and &11 lossel, penalties, damages, profellional feel, including attorney feel an~ all costs of litigation and Judgments arising out of any willful milconduct or negligent act, error or omission of the CONSULTART, its $ubconsultanti, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provilione of thil paragraph shall allo pertain =o any claims brought againlt the OWNER itl officers, en~lo7eeI or agents employee of the named CONSULTANT, or any Subconlultant or Subcontractor, or anTone direct17 or indirectly employed by any of them. The CONSULTANT'S obl~gation under this paragraph shall no= be limited in any wa7 by the agreed n contract price as shown ~n this Agreement or the CONSULTANT'S limit of, or lack of, luffic~ent insurance protection. CDMCI~-I4 ~.R. CO~SULT~'T acknowledges t~t the gene~a~ conditions of ~n~ const~u~tion contrac~ agrees Co hold 'ha~ess and.~ defend 0~, ~Cs a~enCs ~d e~l~ees fr~ all su~s ~d actions, tncludin~ a~o~ey's fees, and all costs of l~a~on ~d ~ud~n~s of ~7 ~ ~d deecript~on arising out o~ or incidental ~o ~he perforce of ~he cons~c~on con~rac~ or work perfo~d ~here~er. · ARTICLE NINE " INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. SERVICESBYCO~S~T~J,'T'SO~ ST~F ).1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, aa ~ndependent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as conat~tuting an agreement between the OWb'ER and any such other person or firm. Nor shall anything contained herein be deemed to give any such par~y or any third party any claim or right of action against the OWNER beyond such as may otherwise exist wi=hour regard to this Agreement. CDMCEI.I$ ARTZCI~ ~L~V~N WAIVim OF CLAIMS 11.1. CONSULTANT,s accepCancm~'of final payment shall constitute'& full waiver of any and all clairol, except for insurance company lubrogation claims, bi, tC against O~ arising ouc of Chis Agreement or otherwise related to the Pro~sct, except those previously made in wrictn9 and identified by CONSULTANT as unsettled at {he time of the final payment. ~etcher the acceptance of CONSlILTAHT,s services nor. p. ayment by OWNER shall be deemed Co be a waiver of any of OWNER's rights against CONSULTANT. ARTICL~ TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in mater/al default of Chis Agreement and such default will be considered cause for OWNER Co terminate Chis Agraemencj in whole or in part, as further se= forth in =his sec=ion, for any of the following reasons: (a) failure =o begin work under =he Agreement wi=bin =he times specified under =he No=ice(s) Co Proceed, or (b} failure =o properly and timely perform the services Co be provided hereunder or as directed by OWNER, or (c) the bankruptcy or Insolvency or a general assignment for =he benefit of creditors by CONSULTANT or by any of CONSULTANT,s principals, officers or directors, or {d) failure to obey laws, ordinances, regulations or ocher codes of conduct, or (e) failure =o perform or abide by the terms or spirit of chis Agreement, or (f) for any other Just cause. The OWNER may so terminate Chis Agreement, in whole or in par=, by giving =he CONSULTANT seven (7) calendar days w~ltCen notice. CDMCEI-16 MAY z ~2.2. ~f, a~sr no~ics o£ ~erm~na~on o£ ~h~s ~re~nmn~ aa provided for in paragraph ~2.~ It ~s determined for aa7 reason that CONSULTANT was ~ ~n default, or ~ i~s default was ex,sable, or %hal O~ o~he~ise was ~oC encicled Co ~e r~ against ~NS~T~ pr~ided for in paragraph 12.1, ~hen ~he no~ice of ~e~na~ion ~iven ~su~= ~o paragraph 1~.1 shall ~ dee~d ~o be ~he no=ice o~ ~e~nation pr~ided for In paragraph 12.~ ~low ~d ~T~'s re~dies agains~'O~ s~ll ~ ~e s~ as ~ lib=ed ~o =hose a[forded ~N~T~ ~er paragraph 12.~ ~1~. 12.3. OWNER shall have the right to term~n&te thii Agreement.; in whole or in parc, without cause upon seven (7) calendar days wTitten nocice Co CONSULTANT. In Che event of such termination for convenience, CONSULTANT's recovery against OWNER shall be liedted to Chat Portion of the fee earned Chrough =he date of termination, togs=her wi[h any retainage withheld and any costs reasonably incurred by CONSULTANT thac are directly attributable Co the termination, but CONSULTANT shall not be entitled to any ocher or furCher recovery ainst OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to =he OWNER all original papers, records, documents, drawings, models, and other ma=erie1 set forth and described in chis Agreement. CDMC'EI.17 ll.S. The OWNE~ shall have the power to suspemt all or any portions of ~e ae~ices =o ~ pr~ided ~ CONS~T~ here~der u~n giving ~N~~ t~ (2) calen~r ~ys prior ~i~en no~ice of such suspe~ton. If all or ~y ~t~ of the se~tces ~o ~ revered hereunder are so suspended, ~he ~N~T~'s sole ~ ~clusive re~dy s~ll ~ ~o seek extension of time =o ica schedule in accor~nce wi~h the pr~edures se= fo~h in ~ttcle Four herein. · ~TX~ ~IR~ ~ IN ~~TION ~S~ATIONS 13.1. CONSULTANT warrants =hat CONSULTANT has not employed or retaihedany company or person, other than a bona fide employe~ working solely for CONSULTANT, to solicit or secure this Agreement and =hat CONSULTANT has not paid or agreed ~o pay any person, company, corporation, individual or firm, other than · bona fide employee working solely for CONSULTANT, any fee, comission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 2a7.055, (5)(e), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E0 stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and curren~ a= ~he time of the Agreement. The CONSULTANT agrees that the original Agreement price and &ny additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, CDMCEI.18 incomplete, or non-current wage rates and other £actual unit costs. ~11 such adjustments hall be made within one (1) 7sar following the end of this A~reement. ~RTIC~ FOURTEE~ 4 ~. CONFLICT OF XNTE~E~ 14.1. CONSLr~TAITr represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT fux~cher represents that no persons having any such interest shall be emq~loyed to perfor~ those lervicel. ARTICLE FIFTEEN MODIFICATION ' 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed lr~ the par~y or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given b), the ~NSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board o~ County Commissioners, Collier Count7 Florida c/o OEfice o£ Capital Pro~ec~s 330l Ta~i-~ Trail Naples, Yl. 341X2 Attention~ Peter ~chalt, CDMCI~.19 0 1 )97 1~.2. All not~ces required or ~ade pursuant to this A~re,~n~ ~o be Riven by t. he O%0~R ~o ~h~ CONS~T~ shall ~ ~de in ~ing ~ s~ll ~ delivered~~ or~ t~ted ~a~es Po~al.~e~ice DeparC~C, f/ret claes mil ~e~ice, ~tage prepaid, ret~ receipt re.es=ed, addressed co the roll.lng ~N~T~'a Cam~ Dresser Mcgee, Inc. 2~40 Golden Gate PLTkwa7 Suite 21( Naples, Florida, 3410S Attent~onl J~LchardMoore, V~ce ~rea~den~ 1~.3. Either party may change its address of record b~ written notice to the other party given in accordance with req~irements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall pro,~te the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall i~pair the rights or li&btltties of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of O~NER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be · modlf[c&tion of the terms of this Agreement. CDMCEI-20 17.$. The headings o~ ~ht A--'C~cles, ~chedules, Pax'Cs and ACCacha~nCs aa contained ~n t.h/s are for the purpose o£ con~n~ence only andshall noc be dee~d Co ext~and, ll~tc or chan~e ~he provisions ~n such ~.-~ctcles, Schedules, Par~s and Acc&~s. 17.~. This A~reemenC, initially co~slstin9 o£ SS continuously nmabered pages including the referenced Schedules a~d Attachments hereto, constiCui~s the entire a~ree~ent between ~he par~ies hereto ~ shall s~ersede, replace ~ nulllIy ~y ~ all prior a~re~ncs or ~derscandings, ~t~Cen or oral, relaCin9 Co ~he ~C~er sec ~o~h h~rein, ~ ~y such prior agreements or ~dersc~dln9 s~ll ~ve no ~orce or eff~cC ~C~er ~ Chis ~ree~nc. 18.1. Unless otherwise specified, thio ~greement shall be goverAed by the law~, rules, and regulations of the Scats of Florida, and by the law~, rules and refulacions o£ the United :ares when providing services funded by the United States government. &ny suit or action brought hy either party to this Agreement against the other party relating to or arisin9 out of ~his Agreement must De Brought in the appropriate Florida state ¢our~ in Collier County, Florida. CDMCEI-21 HA, IS 7 J Agreemen~ for the ~CaW=T l-s~d ~xpan~lon ¢o~atr~ctAoo ~n~iaeering aad X~ectioo ~t-~Aces ~rote¢~ ~he day and year firs~ written above. ATTEST: Dwigh= E. Brock, By: Clerk BOA]~D OF COUNTY COI~XSSX~ FOR COLLXE~ COUNTY, ~RX~, A ~LXTX~ ~DXVXSXON OF ~ STA~ OF ~R~A ~ ~ ~-OFFICXO ~ ~INO BO~ OF ~ ~X~ ~ WA~- Date: nyc TimOthy L Hancock, AICP, Chairman Approved as to form and CAM~ DRESS~I~ MCKEE, INC. Witness Richard Moore, P.E. Vice Presiden~ (CORPORATE SEAL) $~ A $COFE OF SERVICES $c,hedu~ A con.si~ ofthe follo'~d~ phases: A.O ~on of the Projec~ Not Applic~lc N~ AppUcabl~ A.3 Not Applicable Bid~ A6 Det. xil~d Obs~v~don of ~n Additional Services A.0 - DESCRIIrrlON OF THE PROJECT This project includes ',he ensifleering services for bidding, construction adninistr~on, detailed observation, stanup, and opeafional support services for the cons',n~on ofthe North Counly Regional Water Treatment Plant (NCRWTP) $-MGD Expamion. This work has been des~ by Mctcalf& Eddy, Inc., (DESIGN CONSULTANT), and consists offour new rt,,Trse osmosis skids and related pumps, piping, electrical equipment and wiring a 6-rog prestrcncd concrete storal~e tank, new transfer and high service pumps, dcgassif'er &nd odor control equipmem, & well field with ten new production wells and one stub-out for future 1 lth w~ and new twin 16-inch raw water pipelines connecting the new well field to thc NCRWTP. The fbilowing tasks aa-e to be provided by Camp Dresser & Mc. Kee Inc. (CONSULTANT) to Collier Court, Florida <OWNS. >. A,4. BIDDI~i'G SERVI(~S A. 4.1 - Camp Dr~s~r & McK~ I~c. Or~mrdzc and attend · meeting to t~dress ~erfadng ami coordl,uttion with CONSULTANT, and DESIGN CONSULTANT. EstubH_qh sched~ for advu'fi~me2~ receipt of'bids, pre-purchase award, and construction award. HA'r Z ~ !$97 A.4.2 - Assi~ the OWNER in obt.~nln~ bid~ for the constmc~on work to be performed. Prepar~ text for adv~. A.4.3 - R~roduce and distn~¢ plans and speciticatiom, and ir, r~-p a detailed record of all parties receiving copies. Th~ CONSULTAlqT shall sharge for, and retain th~ monies obt. tined from, the dist. n'bugon of nll plans ~ ~c~ons lo pro~ bidgcr~. P,~pond to wriuen Requests For Lnterpr~gon (PHs) of g~ co~ gocum~u by prospective bidder~, including the preparation and issue of s~.h ~ddemga, as nmy be necessary. Dism'but¢ copies to OWNER and DESIGN CONSULTANT. A.4.4 - Conduct pre-bid conference Prepare minutes and di~tn'bute to all panics.' A.4.S - Attend bid openings, analyze bids ~ed, and recommend comraci award to thc lowest respons~le bidder. A.4.6 - Prepare and u'm'u~ documents for contract execution ConformLug ofdrawiags and spec~calioru to hncorporate addenda shall be pre*formed by the DESIGN CONSULTANT. A.4.7 - Review and evaluate prequaJificalion of well drilling cont. ra~ors, e41uipmenl, and ~stern vendors ('d' required and requested by the OWNER). A.5- CO~'S_TRUCTIQN CONTRACT ADMINISTRATION- A. SA - Participle in uhree (3) "ParmerintI" sessions wi~ the OWI~R, and appropriate others. A.S.2 - Organize, schedule, conduct, and prepare mimites ora pre-constmclion coafer~ce with the OWNER. CONSULTANT, DESIGN CONSULTANT, and CONTRACTOR. The Camp l:)rcsscr & I~K~: I=. Coordin~c ~I set up the CONSLILTA.NT's field oftlce within the North County Water Tr~ Plant Ad~ Buildins. Thc CONSULTANT shall provi~ · to conference room ~or projc=t-rc~l meetings. A.5.4 - Monitor construction progress and provide the OWNER with the following periodic proje, et status repons: Weekly construction progress reports. Monthly nirmna~ report of'work pcrformcd, projcct status, and outstanding PhotoDmphs of construction. Copies oftesting repons. A.5.5 - Monitor. review, and evaluate the CONTRACTOK's initial construction schcdul¢ and monthly updates, and provide commentary on progress of the work, project issues that may affcct the schedule and potcntial time extr. nsions. A.$.6 - Receive, track, review, and process all shop drawings through thc DESIO-'N CONSULTANT. All shop drawings and status of each shall be tracked via input into the computer-based shop drawing control system (SDCS). The CONSULTANT shall provide an initial cursory review for completeness before sending to DESIGN CONSULTANT. Upon rCama from DESIGN CONSULTANT, copies s~,t! b~ dispersed to CONTRACTOR, OCPM, aaa OWNER's Water Department. Camp Dr~ & McKee Inc. MAT AS,"/- OWNER, CONSULTAF~, DF-~I. GH CONSULTANT, md CO~OR, ush~ ~e forward to the OWl~R ~ ~ m:om~e~i~e ofp~ymz~' Rzvkw mt ir~k rekssed Coordinate, review, evzl~e s~d respm~ to COI~rP, ACTOP.'s rcquc~ roi' ~ clarifcations and L-~ozTnztion (P.I:~). Coordi~¢ with DF. SIGN CONSULTANT as required i'or PI;Cs. A.5.10 - Review, evaluate costs and t/me, ami provide recomm~ons on change order proposals. As.~t r~otiati_n~ change orders with CONTRACTOR.. Prepare znd ~ in processins and tr'~S chzn~¢ orders, ~s required. A.5.11 - Coordinate, monitor, ~d docume, nt vendor tr~!ni~g on specific equipment ~nd ~. A.5.12 - Coordinate, monitor, and document the testing and start up of specific equipment and % A.S.1S - During con~,'uctior~ continually maintain md update a. set ofplans to document "as-. built" conditions (including change orders) of the WORK ~ h progresses, to verif7 the CONTRACTOR.'s record drawin~ prior to draf~g by th~ DESIGN CONSULTANT. A.-~.14 - Coordinate, schedule, conduct, and provide · stzms re. pon for ~,'h of two (2) [n.~pections ~ Subs~ntial Completion ~ld two (2) inspect, iota at Final Completion- Also, c~llect, coordL'~te, evaluate, mzke r~x~un~ons, paclczge, stat ss~ist in the  A'~' ~., .... (20). A,6 - DiiTAILED OBSERVATION OF CONSTRUC33ON A.&! - A.6.2 - Ob~:rv~ on a full-time ba~ s~! monhor tim work in progress for comp~ with the construction contract 'docmnmm and applicable codm. Tim CONSULTANT's Project Manzg~ will provide full-time detailed observation on ~c for th~ NCKWTP cortsu'uction. The OWNE~ will provide a tuIl-tlme inspector to observe the pipeline conrtrumion. Observ~on ofweI1 driIling and testing is incIuded under Ta.t,k A.?.I. The CONSULTANT's Proje~ Managtr will contmtmic~t~ and coordinate with the general CONTRACTOR, on a daily basis, regarding the WORK and ail issu~ rrJated to the WORK Quantities o£uuit price pay items ofWORK wLIl be recorded and U-atk~l by the CONSULTAI~r's Projcm Manager with well field and pipe. fine quantiti~ cfwork installed, provided by thc OWNER's ami subconsultanFs ~n stale A.6.4 - Provide to the OWNER construction photographs (3 x'5 color photos with d~scription o£view) of the progress of the WORK, updated monthly. A.6.$ - Camp Drc~r & McK~ Inc. Maintain a file of daily progress and activity reports docum~ daffy observations of the WORK in progress. The ,tsily activity report shall include the CONTRA~R's labor and equipment used, description or'construction activities performed, wes:her conditions, job site visitors, maI~ial or equipment delh~s, and other proj~'I relaxed~.~,~) , HAY 2 [J ','~97 c A c .2? informtion. Subconsultanl inspe~on mi' also will Emfish daily in~ection reports to thc CONSULTANT'~ Proieci Marager for all construction contr~'t days. A.6.6 - Observe on-she ~ a.nd maid, in · file cd'al! on-site malerial, product, cquipmm~ and pipeline test reports. Eaah t~t report shall include the date, time and duration of passed or failed. The OWNIER.'i tnd subconmltant stall' shall also furnish on-she rraterial, proguc~, equlpm~ and pipeline test repons to the .CONSU~TAI~'s Pro, ecl Marmg~r for ail field te~ts performS. Verify malerial r~ceix;ed and stored on ~ for cont'orn~ce with CONTRACT r~lulr~m~s. A.6.7 - The CONSULTANT's Project Manager will ~ a set ofjob si~ shall include daily inspecxion relxar~ weekly constmcaion samamari~ repons, test reports, change proposal~ cha~ge orders, RFIa, gl slop of disapproved and approved), minutes of gl scheduled me~iags, C~~'s progress payments, record drawings, qua~ ~ lax] gl otla~ ~-¢~lalzd correspondence to be give:: to OWNER at com~____'_,~__ ofthe pr~ A.6.g - The CONSULTANT's Proj~'~ Manager, in co~uaclioa with th~ ~propria~ con.m'uction inspector or subconagtant s',aff, shall revie~ and ~ misc~am~ minor field changes which do not involv~ additional cos~ ~ m' ~ lime Field changes ',hat involve additional time., costs, or croiits ~o tl~ COUNTY w~ I~ processed by the CONSULTANT's Project Manager as a ~mge proposal The CONSULTAHT shall coordinate design-related issues w{th the DESIGN CONSULTANT. A.6.9 - Camp Dr=s~ & MclC,~ Inc. Substantial and final completion i~pections will b~ arrmg~ ami conduta~ by the CONSULTANT's Project Manager. Punch lists for gl WORK at Substantial and FmaI Completion will be compiled by the CONSULTANT's Project Manage, with punch I lira ~ by thc ~~]~ and OWNl~'s i~on for ~c l~,eline ~ well ~v~ ~y thc O~'~-.R, ~ m~nt~n th~ ~ l~ved offiedd ob~.~ioe ofthe 6/7 - ADDITIONAL SERVICES docume~t~don will be ~ by ~ ~ ]x~. for th~ portion of the WOR. K ns follows: ao _Con~-~cdon Ob~crva~~ Col]~io~ Subcon~ult~nt s~l p~o~ ~~on ob~goW~a ~on for (I0) ~ 12-inch di~e~ ~oduction ~1~ m ~ ~~ ~ ~ ~ of~c NCR~. ~e we~s ~ t~g~ ~e ~w~ HaYom ~lofi~) Aq~ ~ oc~ at appmx~ely 7~ f~ below 1~ ~ at ~e ~opo~d ~t~ ~e wells ~11 ~ ~ctcd by · p~-~l~cmd con~r w~ d~y for CoBi~ Co~W vi~ b~d process, of ~c 8-~d NCR~ e~sion proje~ or a p~- q~ified su~n~tor. Su~omd~t ~ ~ovide oblation ofwelI co~c~on acti~fics ~clud~g ~g, ~g ~l~on, md ~g ~d ~ development· Fo~tioa s~pl~ ~11 ~ ~il~d by m on-d~ hy~g~lo~ for ~olo~c ch~~ti~n. Wa~ ~pl~ ~1 ~ ~llect~ at 20-foot ~t~s d~n$ ~v~e ~ d~l~ Geo~h~cd lo.rig condu~ ~ ~e ~11 ~n~or ~11 ~ ~d mdd ~ ~olo~c ~~on ~ ~~ off--on obje~v~. S~w~ ~ ~ ~~ by ~c Co~~OR on ~ of ~ ~~ ~ ~ ~ ~~ ~d ~~ for ~~c ~m ~~ T~ ~ ~ ~ ~ ~ ~ m 1997 Afl.2 - Sub~~t ~,~o~ ~ ~ f~ ~olo~, ~b~tant,s ~r ~6~ ~e pro~ ~ d~ ~~' ~nduc~. Hyd~ dztt ~ ~ ~ to d~ ~pr~ ~mpl~on r~ ~ ~ ~d p~in~t r~~en~g°ns as uecess~. ~w wat~ pipgine obs~fio~ ~pecgo~ ~d ~ r~ed ~d approp~ate documentation ~I be pro~d~ by ~e O~~'s ~pe~Or for ~t po~on of~e WO~. The pipeline DESIGN cONS~T~, ~oh B~b~ m~e money site ~sks ~d auld mont~y pro~eSs ~8 meeting~ske ~sks at ~ (3) ~urs Pro~de ~he ~ces of a p~ofession~ Su~eyor (~oh Bab~ & Bmnda8e, I~c.) to place ho~nt~ ~d ve~C~ ~ntrol s~dent to glow ~ co~CTOR's to layou1 the WO~ ~ ac~rd~ce ~th ~e CO~CT Do~m~ts ~d C~pt~ 61617-6.00~ Florida Ad~agon Code. Pro~d~ addifio~ ~s~E~cous ~g s~c~, ~ u~ed, up to. 40 ho~S l~ee-~ su~ ~, as ~rected by r~o~8. ~e follo~g s~ ~I1 be pro~d~ am ne~ ~ ~w ~e~S ~d ~o~t~ s~ces, ~c. A.7,3 - Camp Dtcsscr& McY,~: Inc. · Co.ua l~b~mor7 Proctor mois~m'~7 rel~onshlp (~~) tau on repr~ s~nples ofimplKz I~! proposccl ill soils. Esfim~ six Co~hic~ labo~ Florid~ Lim~roc~ Bearing P,~o (IBP,) Tcsts on rcprcscr~gv~ s~,nples ofi~-pl~r,~ ~[/or.propos~ ~ soils on p~.veme~ Conduc~ in-pLace tield dcraity tcsu to verify the pcrccnt ofcomp~:~ion ·chieved by the CONTRACTOR. N'mery tests ~re m~,icipued for fill mUeri~ supporting proposed project fo'tmdago~. · Obtain samples ~nd perform tests on plastic concrete in the field. ~ g-inch by 12-inch concrete cylinder specimens for compresshre strength testing. Cure and test concrete oflinders; rcpon results of compressive strength. Estim,xte 15 sets of cora:fete cylinders As~hah · Conduct demsity testing on pavement overlays by nuclear density gauge methods. Esfimae 15 density tests Core ~nd measure pivernent section ax~t/or overlays. Estimale five cores. · Conduct ~on gradation ofbitumir~us materiL1. Estimate five tests. A.7.5 - Provide start-up ~ debug,~'nE ~aist~ce ~d proced~ on an ~s-neecled basis during the initial ~tart~p.of~ach proccss. Specialists will be ~vailable to make on-site visits to C~mp D~csscr & McK~ Inc. CDMCEI.ll Up ~o 160 hours ofOlm~ ~t M~i~ S~ mvic~ will b~ provid~ by ~h¢ CONSULTANT," ~ by ~h~ OWNI~ ' Provide up to 40 hours for & Senior Engineer to Is'gs~ h the permlt~,,g proccss oo in as-ncoted basis, as reques~ by the OW2~U~ A.7.7 - Provide s.ulsunce duri~ the 12-month ~ period (fu'st year ofop~rago~) by coordLr~th~ wi~ tl~ CO~'R. ACTOR ind/or suppli~r~ to po-form warrantee-relaa~ work, as ncn~lect, and as requested by th~ OWNER, up to 96 hours of in Ope~om sad A.7.8 - Review the Record Drra,'ings ~ provide certiticition that the WORK was performed in gcncral cont'onna.nce with thc CONTRACT D~ lnd Rccord Driwin&s. In the preparation and review of Record Drawings, the CONSULTAI¢I' will utilize information provided by the CONTRACTOR to revise the odl~l Contract Drawings The CONSUL'~ANT will rcview and ver~, but not rcsurvcy, the CONTRACTOR's information. Provide one s~t ofmylar$ and five sets ofbluciincs to OWNER, signed and sealed at conclusion of project. A.7.9 - Provide the scrviccs of an Ltsmun~fion Lnd controls specialist (WilVi-% Malcolm & Associates) to assist with interflcing and integrating th~ ncw WORK with the exisfi=g facilities LM opcrations, for up to 160 rnan-ho~s on an as-needed basis, as requested by the OWNEK A.7.10 - Provide the services ora Process Engineer or Membrane Technology Specia~ for troubleshooting, training, design, construction-related, or anY. other work task r~iues~ed by the OW'NElL, up to 500 rna-hour,. ~~"~ El'ID OF SCHI~UI~ A CDMCEI-32 SCHED~ B BASIS OF CO1VIPI~I~I'SATION B.i.! - As consideration for pravidin8 Basic Services as set.forth hereia ia $~ A, OWNER si;r~es to psy, sad CONSUI.TAHT s~rzes to sccept, the time sad reimbursable cost fees as shown on ~ent A .entitled, "Schedule Te~s for Bag¢ II.2.1 - B.2.2 - As consideration for providing Basic Se~wices under Phas~ A.4, A.S, and A.6 and for properly ·pproved Additional Services set forth in Phase A.? and as esgnmted on Attachment C entitled, "Schedule of Fees for Addigortsl Services", OWNER a~r~es to pay and CONSULTANT a~ to accept payment on · time and reimbursable cost basis. P·yments for services under Phases A.4, A. 5, A.6, a~! A.7 shall be made monthly on · time and reimbursable cost basis computed in accordance with either Attachment B entitled, "Consultant's Employee Hourly Billing P,&te Schedule" for employees working under this Agreement or Atta~t C entitled, 'Schedule of Fees for Additional Services". psymcut for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays resulting firom CONTRACTOR initialed ov~rgme shall be reimbursed outside oi' the upper limit ot'this Agreement by OWNER deducting said overtime fees per terms of the Construction Contract Do<:vments fi.om CONTRACTOR. and then paying CONSULTANT after payment is deducted fi.om CONTRACTOR. Reimbursable costs shall mean the actual expenditures mid¢ by the CONSULTANT while providing Basic Services under Phases A.4, A. 5, and A.6 or Additional Scrvic~ under Phase A.?, in the interest of the Project, listed in tl~ following sub-paragrsp~,,: Expem~s for transportation tud mbsistence incidental to our-of-town trtv~ required by CONSULTAlqT and ~ by OW'NEE, other than vi.sits to the Project Site or OWNEr's office; I~MKt.JI 4t2t~; MAY 2 0 ~S.~ dmil~r Proj~c~-r~ted P,~m in ~ddition to those ~e required in Plmes A.4, A.5, ~d A.6 of B~sic (¢] Wh~ ~thoriz~ ~ ~ IV OWNEIL ~ u ~y ~ provided herein, the expense ofovm'lime .work ~ Igl/,l~r ihsn ~ (d) E~ for presentations, r~xt~iz~& models stat mock-ups requesu:d blf OWNEP,. B.2..:~ - By way of' ~xample and not lirnitalion, reimburs~le costs shgl sp~cifi~ ~ include ccpendimres, except ~s otherwise desc'n'bed in P~ra~aph B.2.2, such as: (a) Expenses for transportation and subsistence; ('b) Overhead, including field office f~:ilities; (c) Overtime not authorized by OW]qER4 or (d) Expenses for copies, reproductions, post,se, h~xlling, express delivery, ~nd long distance communications. , B.3.1 - Work performed undo' Ph~es A.4, A.5, and A. 6 and Additional S~-vices performed under Ph~e A.7 sh~ be paid ~s substantiated to the limits shown in A.tt~.hmeriIs A smi C, but not to exceed the sum of those' figures wkhout execution of~,n ~ppropri~c Agreement INmendmerrt. C.,~np Dresser & Md"~m Ira:. ~ OWN~L ~d modtod~ of cxpc~diwes u~= ~s B.3.4 - As comp~'~atiou for coordinating subconsultmnt aztivifies for OWNER, CONSULTANT shall be dlowc-d an ~6ministmtive fee not to cxcced tm percent (10%) of thc actual cost of services female, red undm' Phase Afl for Additional Services. For thc purposes of this provision, thc actual cost of r,~4ces rendered shah not include m'ty mark-up between thc v~dor who a~'llY pa-formed th~ services and any subconsultamt. 1'4o a~ninistra'dv~ fc~ or mark-up shall bc paid irt conjtmction with thc provision ofBasic Scrviacs as set forth in phases A.4, A. 5, arid A.6 of Schedule A. END OF SCHED~ B C,m~ Drm.~ & Mc.K~ Inc- CDMCEI-35 SCIt:EDULE B - ATTAr.A SCZ-n~.~-G OF ~-Sr=S FO~ nAS]C S]~VXC~ TOTAL $ 20,136.00 169.798.00 164,318.00 Cup Dr:ss~ & McI'r'=: I=:. MAY 2 :,: i~7 SCHEDULE B - ATTACItMENT B CXINSULTANI" S t~MpI~YEE HOURLY BE//N(} RATE SCttED~ LABOR CATFf. g)RY $110 $1~ $ 79 $ 95 $~ $75 $ 65 S ?0 $ 50 $34 C~MCEI.~7 L '""? ~ A.7.1 A.7.2 A.7.3 A.7.4 A.7.5 A.7.6 A.7.7 A.7.$ A.7.9 A.7.10 .~:HEDL~E 15 - ATTACi-I~ C S136,~79.00 4,703 .IX) 7,150.00 $,500.00 14,400.00 3,$00.00 $,640.00 5,196.00 lO,S60.O0 46,~00.00 ~ Dr~r,~r & McK~ Inc. MA'r 2 0 I~EI? rASK/DE$CRI~TION ~TP. WE~LS, ~ P~EL~ PREPARE CONTRACT CO.STRUCT ON DELIVER WATER TO SYSTEM FINAL COMPLETION END OF PROJECT ,~ll M COLLIER COUNTY, FL ORIDA ,~,~i~UM NORTH REGIONAL WATER TREATMENT PLANT . ~1~. C~p.,,.~D~..~,.e.M~--. SCHEDULE TO COMPLETION CDMCEI-39 ...... L i ......... iii ............ I .... J ........... (1) The amounts and types of Lnaurance c~vara~'ehall conform to the £ollowin~ minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this A~reement shall be written for not lees than the limits specified herein or required by law, whichever le greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever ie longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received b~ Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty ()0) days prior written notice has been given to the Owner. CDML'~I.40 {$} ~l inaur&nce coverages of tbs ¢ontractor/¢onsultant/Pro£assional shaX1 be ro~j~ry to any insurance or self insurance pro, ram carried by the Owner applicable to this ect. t,' t (;) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Cer~i£icate of ~nsurance is in compliance with the requirements of this Agreement. (?) Contrac=or/Consultant/Professional shall require e~ch of its subcontractors to procure and maintain, until the completion of the subcontractor's york, insurance of the types and to the limits specified in this Section unless such insurance requirements ~or the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Pro- sion&l not maintain the insurance coverages required herein, the O~ner may terminate the A~reement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased· The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. CDMCEI-41 (~) Xf the initial, or ~ny subsequently ilsued Ce~l£icats of Xnlurlnce ix~ires prior to the completion of the Work or termi~tion o£ the Agrsemeat. the Contractor/Consultant/ i~ofessional shall £u~nish to ~he Couat¥, in triplicate, renewal or replacement Certificate(s) of Xnsurance not later than thl,~¥ (30) calendar days prior to ~he date of their expiration. Failure of ~he Com~rac~or to provide ~he ¢ou~¥ with such renewal certificate(s) shall ~e considered ~ustification for t~e County to term/na~e the A~reem~nt. Required by this Agreement? (check one) __4__Yes (1) Workers' Compensation and Employers' Liability Xnsurance shall be maintained by the ¢on~rac~or/¢onsul~an~/ Prolessional durin9 the term of this A~reement lot all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts o! such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements CDMCEI-42 Liability (check ona) $100,000 Each Accident $S00,000 Disease Aggregate $100,000 Disease Each Employee ~ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance co~pany shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be ~aintained ~[ere applicable to the completion ol the work. (check one} Applicable __4__ Not A~plicable (¢) Maritime Coverage (Jones Act) completion of the work. (check one) shall be ~aintained where applicable to the Applicable __4__Not Applicable CDMCEI-~ Required by this A~reement? (cl%eck one) __~__ Yes No (1) · Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for thisA~ree~ent, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (S) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $$00,000 $500,000 $500,000 $ SO,O00 CDMCEI-44 HAY 2 0 1997 __4__General Aggregate produc=s/Completed Operations Personal and 'Advertising rInJury Each Occurrence Fir~ Damage $1,000,000 $1,000,000 $~,000,000 $1,000,000 $ SO,O00 (2) The General Aggregate Limit shall apply ~e~arately to this Project and the polic~ shall be endorsed using the following endorsement wordingJ ,This endorsement modifies insurance provided under the following~ Com~rcial General Liability Coverage Par~. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises o~ned by or rented to you.' (3) If the General Liability insurance required herein is issued or renewed on a 'claims made' basis, as opposed to the -occurrence' form, the retroactive date for coverage be no later than the commencement date of ~he Project and shall provide that in the event of cancellation or non-renewal the Extended Repot=lng Period (Disoover~ Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. CDMC~S HAY 2 0 1997 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) watercraft Liability coverage shall be ca,tied a= the liedts shown above if &pplicable to the completion of =he work under =his ~reemen=. (check one) Applicable 4 No= Applicable (7) Aircraft Liab~lit¥ coverage shall be carried a2 li~[2s of $2,000,000 each occurrence if applicable to =he coml~le=ion of ~he work under =his Agreement. (check one} __ Applicable 4 Not Applicable (1) Property Insurance - Builders Risk coverage shall be carried by =he Owner applicable. (check one) Applicable 4 Not Applicable CDMC~I~ (2) The Owner shall purchase and maintain in a company or companies lawfully ~horized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Co~tract Sum as well as subsequent modifkcations thereto for the entire Work at the site on a replacement cost basis without voluntar~ deductLbles. Such property insurance shall be maintained, unless otherwise provided in the Oontract Doo~ents or otherwise agreed in writing k~? all persons and enti~les who are ~eneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, which~ver is earlier. This insurance shall include interests of the Ow~e~, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and s~all insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, lsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. CDMCE~7 (4) The property insurance provided by the o~ner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The respOnsibilitY of the Contractor for &ny deducttblet&ssociated with the all-risk ~olicy described above shall li~ted to · ~t~ of $1,000 for each oc~rrence ~Xess highe~ deductible~ ~re identified ~n ~tbit C of the Contract ~nts. ~e res~nsibilitY o~ the Contractor for ~ny deductib~e ~ssoci&~ed wi~h the fl~ insur~nce ldentif~ed herein, i~ purchased~ the s~ll be limited to a maxi~m of $1,000 for each occurrence ~less higher deductibles are Xd~ntXfied in ~tbtt 2 o~. the Con~rac~ ~ (5) This property insurance shall cover portions of the work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by which shall specifically cover such insured objects during installation and until final acceptance by the owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (~) Waivers of subrogation. ~e Owner s~d Contractor waive all rights against (1} other and any of their subcontractors, s~.s~bcontractors0 agents and e~ees, each the ot~er, ~nd (2) t~e pro~essio~, ~ro~essl°nn~s consulters, ~or ~es' c~used by or ot~er pe~i~s to the ex~en~ c~e~ed ~ ~r~Y insu~ce obtained ~suant to this o~her proper~ insur~nce applicable ~o ~he ~ork, excep~ such ~igh~s es ~hey~ve ~o pr~eeds o~ such insurance held ~ the ~er as fiduci~. ~e ~licies shall pr~ide waivers of s~r~a~ion ~ endorseMn= or o~he~ioe. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciarY for the lnsureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) Ail Risk Policy - $1,000 ~aximum deductible All Risk Policy o Maximum deductible of $ Flood Policy $1,000 maximum deductible Flood Policy Maximum deductible of $_ , CDMCEI~9 Required by this Agreement? (check one) __4__Yes __._No C1) Automobile Liability Insurance shall be emintained by the Contractor/Consultant/Professional for the ownership, °~aintenance or use of any owned, non-owned or hired vehicle with limits of not less thanl (check one) Bodily InJur~ & Property Damage - $ S00,000 4 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be na~ed as an Additional Insured under the policy. UM~ItELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability c~verages required herein and shall include all coverages on a -following form" basil. (2) The policy shall contain wording to the effect that, ~tion of any underlying limit due to the payment of cla£m~, · drop down' to apply as primax%' insurance. in the event of the the ~mbrellapolicy will (3) The Oeneral Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. Required by this Agreement? (check one) ._...~¥es , ~o (1) Professional Liability Insurance shall be maintained by the Consultant/professional to insure its legal liability for clalam arising out of the performance of professional services under this Agreement. Such insurance shall have limits not less than: (CHECK ONE) 500,000 each claim and in the aggregate $3,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate each claim and in the aggregate CDMCEI-S1 MAY20 == ? 1 (2) A~y daduc~:Lb~a alrp3.:Lc&b3,e to ~ cla4u aha,3.], be the so'la z'aspona:Lb:L].Lt3r o£ the Conaultant/~ro£ess~cnal and ah~l], not: be great:ar t]~= $S00,000 each cla4u. (3) The Consultant:/Pro~[eso~onal shall continue th~s coverage £or t:h~s Project: for a per:Lo~ o~ not: less t:han ~:[ve ($) years £ollo~ng coe~let:Lon and accept:ance o~ the Pro:Jec~ b7 O~mer. END OF SCHEDULE D. TR~TH IN NEGOTIATION CERTIFICATE Zn co~p2~&nce w~th the Consulto~ts* Competit~ve ~egotilt~on Act, Section 287.055, Florida Statutes, Richar4 lgoo~e, P.l., Vice p=elident o£ Cas~ D=elle~l~-Xee, Xnc., ~e~ cer=ifies ~ha= wages, fa=es and o~her fac=ual ~i~ cos~l .u~r~ing ~he c~nsa=ion for the ~gineering ~ in~ec~l~ se~ices of =he ~T~ ~o ~ pr~lded ~de= ~he ~o~essio~l Se~ices ~ree~nC, conceding ~ 8-~d ~si~C~c~A~ ~inee=ing ~ Xnspec~ion Se~lces are acetate, c~le~e a~ ~rrenC al o~ ~he tim o~ concraccing- BY: Richard ~oore, p.E. vice p=esiden~ Revimed: HAY 2 0 1997 GL08378632-01 BAP8376631-01 11011g? 1101197 11011gt 1101198 AQt L.~AI I..'T7 ----------------I-------- ~,~. ~ .... ,- ~r~ I wce3~o033-02 i "~'" I I~_~.~L~T iS 1,000,000 ~rth ~nt Rfl~onal rater Trea~nt Pllnt 8~ bp~nst~- iris ~s E Ineertn Services durtn ~nst~ctto~ of ~c~ r~ Is res~ct~ clal~ artsl~ ~ of Collier County I ~P~~~~~~'~ Board of Co~lisloners 1301 EiIt Tamieel Trail RECOMMENDATION TIL~T ~ ~ OF CO~ co~O~ ~O~ A CON.SION AG~E~ FOR ~ o~ON ~ ~AGE~ OF A ~A ~~ TO ~ C~O~T~ ~ CO~ ~ O~~: To ~ve ~e ~ of ~ ~mi~ ~ ~ ~i~ ~~ f~ ~ o~tion of a m~ ~l~five m ~ ~ ~ ~ P~ F~il~ · CONS~E~ON: ~ ~2611 ~ ~i~ ~ N~ ~1~7, ~ ~ ~ bid ~ing ~ng on J~ 10,1~7. F~ v~ ~ ~ ~ ~ f~ ~i ~ a ~!~ CommiRee ~ing ¢mblish~ to ~ ~ ~ ~ls ~ m ~ ~e ~ ~mt ~ num~ one nnk~ fi~ w~ Fishfi~, I~., ofN~l~ ~ ~ ~ of~e in,iai a~t b f~ ten y~ wi~ ~o o~io~ m ~ f~ five ~ ~ ~ ~ ~e ~s ~ ~M~ ~ ~ original a~m~t. %e ~nc~si~ is a~ m ~ ~ foll~g ~ of ~i~ ~d m provide ~e following ~i~: ~ ~le ofm~ ~ ~R ~ ~1~ f~ ~ ~ ~ ~ of slips, ~at ~o~ge ~n~l, ~1 of ~ ~ ~ ~ ~ in ~ ~ ~i~ No. ~ 11, ~llection of ~nual ~t ~u~ ~ ~ ~ ~ ~! ~i~ ~ in ~ing ~ ~ Di~ctor of ~e Pa~s and ~ti~ ~~ In ~m f~ ~id ~i~ ~ ~ ~I! ~i~ a ~nmge of thc toul of m~ly ~ ~i~ ~ a m~ minimm ~i~ ~ ~~ is ~atcr. GRO~H ~AGE~N: N~ ~SCAL ~A~: ~e ~ ~11 ~ive t~ ~t (I~A) of~ total m~ ~ ~i~ ~ ~,200 ~ the mon~ly mMim~ ~1~ ~t ~ic~ ~ ~- ~ ~ ~h f~u~ ~ ~ ~ ~CO~E~A~ON: Sm~ is ~m~ing ~ ~ ~ of ~ ~mi~i~ n~e ~ conccssion agre~ncnt. / Prepared by: ~ of P/rk Approved by:.~ _. ~ent of P~ks ~m~doo ~ of Purchasing MAY.2 0 l J7 RANKIN~ MATRIX FORM REQUEST FOR PROPOSALS NO. 96-2611 .Cocohatchee River Park Concession" SELECTION COMMITTEE FII~kL RANKIN~ STANDINGS NUMBER OF NUMBER OF NUMBER OF SUM OF 1ST PX2kCE 2ND PLACE 3RD PLACE RANKING NAME OF FIRM RANKINGS RANKINGS RANKINGS SCORING NOTE: Ranking Scoring is determined by multiplying each 1st Place Ranking by 3 points, each 2nd Place Ranking by 2 points, each 3rd Place Ranking by I point. The Final Ranking order is determined by the highest to lowes~ Ranking Scoring totals. SELECTION COMMITTEE FINAL RANKING: FIRST SECOND THIRD EVALUATION M~TRIX NAKE OF Answer all Questions on RFP (Three (3) Points) Qualifications and Experience in Operating a Concession Overall Completeness, Clarity and Quality of Proposal Percentages Offered (Five (5)Points) schedule of Operations (Five (5) Points) Operational Concepts Plans (Ten (10) Points) TOTAL and . ~ / EVALUATION MATRIX RFP 996-2611 "Cocohatchee RAver Park Answer all Questions on RFP (Three (3)Points) Qualifications and Experience in Operating ~erall Comple=eness, Clari=y and Quality of Proposal _ (Eight (8) Points) Percentages Offered (Five (5) Points) Schedule of Operations Operational Concepts and Plans (Ten (10)Points) TOT~ Selection Comittee Member,s Signature EVALUATION M~TRIX P. FP ~96-2611 'Cocohatchee River Park Concession' Answer all Questions on RFP (Three (3)Points) Qualifications and Experience in Operating a Concession (Eiuht (8) Points) Overall Completeness, Clarity and Quality of Proposal (Eiaht (8) Points) Percentages Offered (Five (S)Points) Schedule of Operations (Five (S) Points) Operational Concepts and Plans TOTAL R~TK~O Selection~C~mmittee Member's Signature EVALUATION M~TRIX RFP t96-2611 "Cocohatchee River Park Concession. Answer all Questions on RFP (~hree (~> Points) Qualifications and Experience in Operatin~ a Concession Overall Completeness, Clarity and Quality of Proposal Percentages Offered (Five (5) Points) Schedule of Operations (Five (5)Points) Operational Concepts and Plans (Ten (10) Points) ~o~ Selecti/~ C6~mittee Member,s Signature EVALUATION HATRIX RFP ~96-2611 "Cocohatchee River Park Concession" Answer all Questions on RFP (Three (3)Points) Qualifications and Experience in Operating a Concession CEiaht (B) Points) Overall Completeness, Clarity and Quality of P~oposa~ (Eight (8) Points) Percentages Offered ~v. ~: ~o~n~,~ Schedule of ~eracions ~erational Concepts and Plans (Ten (10) Points) TOT~ Selection Committee Member's Signature COCOHATCHEE RIVER PARK CONCESSION AGREEMENT THIS AGREEMENT made effective this day of , 1997, A.D. between Collier County, a political subdivision of th~ State of Florida (hereinafter called the "County") and Fish Finders Inc. d/b/a Cocohatchee River Marina, Inc., a Florida Corporation with offices at 179 South Bay Drive, Naples, Florida 34108 (hereinafter called "Concessionaire"). SCOPE. The Coun[). hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County the exclusive right to operate the following described concession at Cocohatchee River Park, 13531 Vanderbilt Drive, Naples, Florida in conformance with the purpose and for the period stated herein and subject to all terms and conditions hereinafter set forth. TERM. This Agreement shall be for a term of ten years, commencing on the date of approval by the Board of County Commissioners, and shall be renewable upon satisfactory performance by the Concessionaire, for two (2) additional periods of five (5) years, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original ten (10) year term or following the extended five (5) year term. The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. bo FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: Cocohatchee River Park boat slips, docks, concession building and parking area. This will also include marine fuel facilities once installed by the Concessionaire. USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below:. The sale of madne fuel, bait and tackle, food and sundry items, rental of slips, boat storage rental, rental of pontoon boats and deck boats in accordance with Ordinance No. 89-11, collection of annual boat launch passes, and any other lawful activity approved in writing by the Director of the Parks and Recreation Department. The County may, by amendment to the Concession Agreement, authorize the Concessionaire to expand the services provided. J Agend& ~.t~ I I A¥ 2 0 I NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: o o Gulf Bay Marine Management, d/b/a Cocohatchee River Marina, Inc. 179 South Bay Drive Naples, Flodda 34108 All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 NOT A LEASE. It is expressly understood and agreed that no part, parcel, building structure, equipment or space is leased to the Concessionaire; that the corporation is a concessionaire and not a lessee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. .NO PARTNERSHIP OR AGENCY'. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. IMPLEMENTATION SCHEDULE, The Concessionaire's proposed Time Une Chart shall be utilized as the Implementation Schedule. The Concessionaire shall be fully operational within sixteen (16) weeks after approval of the Agreement by the Board of County Commissioners. Failure to maintain the Implementation Schedule shall be considered a material breach and may be cause to terminate the Agreement immediately. The Concessionaire shall not be penalized for delays caused by the County. MAINTENANCE. The County agrees to provide the assigned facilities in their "as is" condition and to perform necessary exterior maintenance on the facilities assigned to the Concessionaire to include the docks and the water and sewer utilities. Exterior maintenance of the facilities does not include daily removal of litter of the concession facility, such removal is the responsibility of the Concessionaire. The County shall be responsible for the cleanliness of the 'rest rooms In the park, and shall provide all supplies required for the proper maintenance, hygiene and comfort of citizens using the rest rooms. ASSIGNMENT. The Concessionaire may not assign this Concession Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Concessionaire agrees that without the prior written consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. USE OF THE FACILITIES IS PRIMARY. The Cocohatchee River Park is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not preclude the Concessionaire from scheduling promotional events which might temporarily limit access to the event site subject to the prior written approval of the Director of the Parks and Recreation Department. SECURITY. The Concessionaire shall maintain and pay for the monthly monitoring contract at the Cocohatchee River Park. The Concessionaire must provide any security measures which may be required to protect his area and his equipment, materials and facilities. Such security measures may not violate other restrictions of this Agreement. 10. PERMITS, LICENSES, TAXES. The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conducting of business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. This shall also include HRS Screening for the Concessionaire and its employees. The Concessionaire and employees agree to successfully complete CPR and First Aid Classes within one hundred eighty (180) days of the commencement of this Agreement. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. 11. TRASH AND GARBAGE REMOVAL. The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash, and garbage including removal of trash from the concession area to the dumpster. Rubbish, trash, and garbage shall be picked up within 100 feet of the concession operation. The County shall provide commercial garbage service. 12. UTILITIES. The Concessionaire agrees to have separately metered water and electricity installed for his operation and shall pay for all cost associated with the installation. In addition, the Concessionaire agree to pay for telephone charges associated with the concession operation, including long distance telephone charges and % of the monthly dock power electricity bill for the newly supplied meter. The Concessionaire shall be billed monthly for % of the dock power electricity bill. The County agrees to pay for cost associated with water and sewer and ~ of the monthly dock power electricity bill. HAY 2 0 1997 _ 13. CONSIDERATION, The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of '10% of the total gross revenue or a minimum monthly dollar amount of $4200.00, whichever is greater, of the Concessionaire's business of selling marine fuel, sundries, bait and tackle, slip rental, boat storage rental, and food, The percentage shall be based on total gross revenues per month. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. The Concessionaire shall provide a copy of his State Sales and Use Tax Report for the same accounting pedod as required for the Statement of Gross Receipts. 14. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other fees due must be submitted to the County, through the Director of Parks and Recreation, to be received no late than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties (late charge and interest) are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, may cancel this Agreement, and may begin procedures to collect the Performance Bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The County has no duty to notify the Concessionaire of failure to remit any payment. 15. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 16. 17. 18. 19. CONCESSIONAIRE NOT TO REMOVE PROPE~ETY. The Concessionaire agrees not to remove from the Cocohatchee River Park any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the County. Upon expiration of the term specified in Paragraph l-a, if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from Cocohatchee River Park and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. RECORDS, AUDIT. The Concessionaire agrees to establish and ma~r'tain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit ali records, documents, and books pertaining to the concession operation. Such audit will be conducted at a location and a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within three (3) business days after the County's notice is to do so received all at no cost to the County. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of concession services. Further, the County agrees to provide the Concessionaire with advance notice of any special event and to coordinate with the Concessionaire regarding same. County also agrees to provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. INSPECTION. The Concessionaire agrees that the concession facilities and premises may be inspected at any time by a authorized representatives of the County Administrator or his designee or by any other agency having respons~ility for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. No.~l HAY 2 0 1997 20. 21. 22. 23. 24. 25. WAIVER OF INTERFERENC.E.. The Concessionaire hereby wanes all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. WAIVER OF LOSS FROM HAZARD_. The Concessionaire hereby expressly wanes all claims against the County for loss or damage sustained by the Concessionaire. The Concessionaire hereby expressly waives all fights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and cause of action arising from this Agreement except intentional torts. HO LIENS_. Concessionaire agrees that it will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days of written notice to do so from the County. ORDERLY OPERATIONS, ETC_.. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. Live-aboards are prohibited nor shall anyone be permitted to live on the premises. EMPLOYEES: MANAGER.. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. The Concessionaire shall supply competent employees who are physically capable of performing their employment duties. Collier County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. Ail Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. HOURS OF OPERATION.. The concession shall be open and properly staffed seven (7) days per week. The hours of operation shall be from dawn to dusk. The Concessionaire may open at an earlier time and close at a later time subject to prior written approval of the Director of Parks and Recreation Department. Ail hours of operation shall be conspicuously posted and easily read by park visitors. Fa~ure to maintain the approved hours of operation shall be considered a material breach and may be cause to terminate the Agreement immediately. 26. 27. 28. 29. 30. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, or County Law, Ordinance, rule, order or regulation, or of any applicable govemmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the County. pRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. All prices must be displayed and visible by the Concessionaire's customers. All such prices and fees must be approved in writing by the Director of the Parks and Recreation Department. The Concessionaire shall rent or sell only those items approved in writing by the County. NO DANGEROUS MATERIALS OR STORAGE BI, JILDING~. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. Storage buildings are prohibited from use at the concession site. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof except for non-payment in Paragraph 14 hereof, and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present or occupy any part of the premises for the purpose of exercising any dghts so revoked. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide or the safety, orderly operation and security of the facilities. 31. 32. 33. 34. 35. TERMINATION. The Agreement may be terminated by the County immediately due to any material breach of this agreement, including, but not limited to, failure to meet implementation schedule timeframe, failure of the concessionaire to maintain the approved hours of operation, failure of the Concessionaire to provide a receipt to the customer for every transaction. The agreement may be terminated without cause for the convenience of the County. If the termination is without cause, the County shall provide the Concessionaire thirty (30) days notice. During the notification period, both parties agree to meet its respective contractual obligations in good faith. In the event that the Agreement is terminated without cause, the County agrees to honor all dock storage leases that the Concessionaire has in place at the time of termination. If the Agreement is terminated, for any reason, within the original ten year term, the County agrees to pay the Concessionaire a prorated amount for capital improvements that were made to the facility. These improvements are defined as purchase of a fuel system, dock improvements, water, electric and sewer installation. A copy of the invoice(s) shall be required to verify total cost of referenced improvements. The County shall not pay for any improvements where invoice(s) are not provided. The formula to be used to determine amount due to the Concessionaire is as follows: Total verifiable cost of referenced improvements divided by ten years = Cost of improvements per year x number of years remaining in original ten year term = Total cost owed to Concessionaire for capital improvements. The Concessionaire shall not be paid for any capital improvements after the original ten year term. COUNTY CONTROLS OF COCOHATCHEE RIVER PARK · Nothing in this Agreement will preclude the County from using the public areas of the Cocohatchee River Park for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided and vehicles will park only in areas designated for vehicle parking. Parking of vehicles overnight in the park is prohibited. FLORIDA LAW. This Agreement shall be govemed by and construed in accordance with the Law of the State of Florida. .SlGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public approaches to his concession. All signage, advertising and posting shall be as approved by the Director of Parks and Recreation. The use of the Collier County Logo is prohibited. 36. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its sole negligence. 37. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Flodda, and shall file evidence of such insurance with Collier County's Risk Manager. Ao Commercial General Liability; Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Environmental Protection & pqllution Coverage; $!.000,000 Per Occurrence Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Watercraft Liability: $1,000,000 Per Occurrence Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal sent to the County at least 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 38. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. 39. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate(s); RFP No. 96-2611, Addendum #1, and Certificate of Deposit. IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wdtten. Dated: ATTEST: DVVIGHT E. BROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DEPUTY CLERK By: TIMOTHY L. HANCOCK, CHAIRMAN CORPORATE SEAL Approved as to form and/ le~.~fficiency: ~ / __..---- Thomas C. Palmer ! Assistant County Attorney By: ~ Fish Findem lng, Cocohatchee River Marina. The "Concessionaire" Cocohatch~ Marina, Inc. Printed name of Pmsideh! I Time-Certificate of Deposit, Fi~a~lclal Institution: Commumty 5t50 Tam,am~ Trad Nc~lh. P.O. BOx 41~, N~IIs, Ft. 34101-3(X~ Ac¢ounl Name: COCOHATCHEE RIVER MARINA INC. Account Numt~er I Issue Oete [ I~poNI Amount 7001175 April 23, 1997 S5,000.00 7001175 SSH/T1N: [Term Matunty Dale 24 Months April 23, 1999 Rite Inlocmetlon: Th~s acc=un= ,s an ,nt4h'lst beenn~ ~trate a~ annual percentage~d~ ~lc~f~~~ ~in~l~~~~. 1~. ~OU~ ~713. B~ncl Info.ilion: We ~l t~ ~a,ly ba~e ~o~ Io ~ I~ In~t ~ I~ l~nt. ~ ~ lpp~ I dl~ p~ rail Io t~ p~0ll tn I~ aCc0unl each day. Wi ~ ~ an ~l I~ ba~ ~ ~ f~ IlCfl ~y in l~ ~. Uml~tlonl: You m~l ~e~osd S~.~ IO ~n ~ acc~ Y~ ~ A~ount Inform/lion: Your account ~ ~1~1 on Imp~ a pe~ of 6 monlhs ~nlef~l on I~ pn~l ~ff~lwn. ~ Ol11 IO ~l~Cra'.'/ rU~CS W]I~OU1 ~1~. . , ,, . '- ~ME CER~FICA~ OF DEPOS~ ~. a~r~? your ~ec,s,o~ to~n a ~ c~ of ~p~ ~ e o Dep~t ~eemenl, an~ me w~s ~e, ~ and INTEREST RATE. The interest ~ile ~ Ihe annul ~a~e ~ ,m~l baseO upon the mleros~ accrual ~as~s cescn~e~ a~. ~Y WITHDRAWAL PENALTY. Ycu ~ ag~ee~ 1o ~ee~ Of t~ fun~s from your Accounl Dr[or lO ~1~ m4y rK~t ,n an el~ ~1~1 pl~. WI ~ CO~ ~alS l~ II~ ~lh~rlwll and, d granted. I~ pe~l~ at s~ecmheC aCove ~fl ao~. rn I r . ~ P ~ N ~a~ IS I f~l ~ pad Of I~ a~d inl~t t~l ~s ~ wo~d be el. e~ on lhe ~coun[ I you ~counl ~S nol ~1 eared enoch I~l , -- . . ~ ~_~.. __~ ................. ~ .... ~,~., ~,, , mt~t a~reaOy ~s been pa,C. l~e ¢;f.~e~e ~ ~ de0~ld from where Ihe ~counl ~s a Ke~ P~n ~KG~h~ ~r--~ .......................... e e · ~ounl s an IRA or Ke~h a~ yOU a~,n age 5g 112 ~ el~er ex~h . and whether ar~,~ (rom ~drI~, ~nd~n~: ~a~ ,omi ICCOUnl h~er lulhonzes ~ 1o ex~ffi O~ ~hl ~ ~t~ I~1 gl~ IN I1'~ ~ ~~ ~.~ ~ ~ I ~nt I~, each OTHER ACCOUNT R~ES. The I~1~ ~ I~ I~ r~S EOm ,16ili~, p~;r to our hon~i~ yO~e~hOr~l ms~r~uo~ ~ may ~e~u~e I Dona or o~ prot~on, ~ud~ Pledge. You agree ecl Io pledge yOUr ~counl ~thO~ O~ pd~ CO~. You ~y ~ ~w ~ ffffi ~ ~ffi U~ IE ~1~0~ ~urld by yo~ ~count a~e MAY 2 0 1997 ..;,/'Z _ J ORIGINAL t .... T me Certificate of Deposit, Fl~lenclM In$111ullon: Community Bank of Naole1,. N.A. 5150 Tam,am, Trad No~lh, P.O. Box 413009, Naples. FL 34101-3009 7001175 Account NIme: COCOHATCHEE RIVER MARINA INC. ACCounl Numl3er I Ilaue Dale ~unl 7001 175 April 23, 1997 .[ SS,000.00 24 Months [ April 23, 1999 Rate Information: Th,$ acc~un: ,s an *nfer~f bainng accounl. The $.40~. The intMItl rife Ind annual percentage Y~ld ~ not cl~a~'~e fo~ lhl ~ Of ~ IC~O~J~. The t~leTes! rill wil bi h ~ ~ AOnl 23. 1999. Inlet'ltl begins iD accrue on t~e ~u$,nela Day you ~l~ nO~l~ l~ p~al in the accounl each day. We ~ ~ an Jfl~f I~ bl~ ~rlwl~ from your ICCOunl unhl Ihe real.fly dale. NON TRANSFERABLE-NONNEGOTIABLEI~m~ I /% Il/ /~, TIME CER~FlCA~ OF DEPOSff INTEREST RATE. T~e ~mterest rite ~s I~e a~n~t rile of ~n~er~l pl~ On EASY WITHDRAWAL PENALTY. Ycu ~a~ Ig~tt~ Io kit0 f~l fufl~l On ~cepllons. We may a,ow the ~l~arawal of a~ ~ pa~ ~ yom ~ou~ ~ ~ MI~ Date ~ I ~ an ' RIG~ OF S~OF~. Subject to ~uplicab~ ~w we ~y exe~ ~ ~ M inslr~bons ~ may require I bona m, Pledge. You agree ncl Io ~leage your ~counl ~ho~ o~ ~d~ Co~nl. YoU ~y nol ~raw lundl ~om ~ ~ou~ u~ ~I ~a~om I~url~ Dy yo~ ~ounl Ire ORIGINAL NAY 2 0 1997 - mm IIIIIIII I I I Assignment Agreement . ...... _. .... :: -- -~,~.} a~ at ~ Will pl~ in ~e ~n~ of~e Coili~ uoun~' uomm~ss~oncn a ccnm~te old.it M ~ mt of Five ~o~d (S,000.00). with thc certificate ~ 7~ 1 i 73, to m u a ~~ ~ f~ ~e ~ll d~ of the concessionai~ a~ccmcnt, provid~ f~ M ~ ff 9~2611. In ~ ~mt ora def~lt ~ Cocohatchec River Marina Inc.. provided for M ~ ~cmi~ A~t ~ M ~ ~ 96-2611 Co~ohatchce Riv~ Marina Inc..si~ ~b ~ifi~te of~it ~ to ~e B~ of CounD' Commissionen and at such time waiv~ all ~u to ~hip. ~vided for ~ ~ ~96-261 l. mperial Insurance Group, Inc. 5th Avenue South, ff204 ~Naples, FL 34102 Cocohatchee River Marina Inc 179 Southbay Dr Naples, FL 34108 THIS CEITrlFICATE 18 ISSUED AS A MATTER OF WFORMAT'ION ONLY AND CONFER~ NO RIGHTS UPON THE CE]TI'IFICATE ALTER THE COVERAGE AFFORDED BY THE POLJCIES BELOW. COMPANIES AFFORDING COVERAGE A Monticello Insurance Company S Riscorp Insurance Company W'O~.i~l~ COMPI. NIAT)O# AND ~ I B~'~~~~ ~ Applied For ~m~ Itemg5- Env~ronmengal Progecgi~ coverage can be ~c~ired a ~el T~ Tallahasse8 for ~pproval. Opon Appr the Board County Co ;pon Appr ;he Board Commtss ,n & Poll~ RegisCr~ o~e~~ ,2,000,000 oval of ~:~UCm.~A~ ,2,000,000 of ~& AOVmamY ,1,000,000 mmissione ~_~ si,000,000 ~~~ ,50,000 ~~~ sl,000 )va1 of ~~ ~100,000 of Count~.~ ,500,000 )nets ~.~~ ,100,000 ~tion 'Coverage- Before the ~tion Fo~ ~st be s~tted =o / Ref: RFP #96-2611Cocohatchee River Park Concession Certificate holder is listed as additional insured on the general liability COLLIER COUNTY D~AT~N 0~ W. Tm mmNI Muff BO~ OF CO~ CO~ISSIONERS ~,~~~~T~~~. NAPLES FLORIDA ~~~~~M~ L~.~,?:t.'...· .: ,...:~ ::~,,.:..~.:~;~.~,.' ..~;: ~:~,,' i mJT0(,IO I~L[ ~ ~D AUTC~ · ~--~! J'K)N-Ow~ D AUTOg TH~ I~ TO CERTIFY THAT THE POUCIES OF IN~URAHC~ ~ BELOW ~TED. NO~HSTANDING A~ RE~ME~. ~ ~ ~ CER~TE ~Y BE ~SUED OR ~Y PE~. ~E ~E ~ ~US~NS ~O CONOITIONS OF SUCH P~ES. ~ 8~ ~Y COCOHATCHEE RIVER MARINA TIME LINE CHART Weeks afler Contract Approval I 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 Legend Permits Fuel Tank Manufacture Fuel Dock Electrical Service Installation Fuel Dock Concrete Slab Installation Fuel Tank Installation Dolphin Installation Dock & Slip Electrical Service Installation Dock & Slip Water Service Installation Bait & Tackle Shop Boat Rental Operation The time required to obtain the necessary variance and permits is based on discussions with Mr. Charam of' th: Collier County Planing Department. The schedule presented above is a conservative estimate. Management will make every possible effort to improve the schedule and get the full facilit), up and operating as soon as possible. 12 COIJIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION PURCHASING DEPARTMENT GENERAL SERVICES BLDG. 3301 E. TAMIAMI TRAIL NAPLES, FLOR,IDA 3,4112 (941) 774-84.25 FAX (941) 793-3795 ADDENDUM DATE: TO: FROM: RE: December 19, 1996 Interested Bidders Gwen Butler, CPPB, Senior Buyer po' Addendum #1 - RFP #96-261'1 - Cocohatchee River Park Concession Addendum #1 covers the following changes for the above-referenced RFP. Change: The submission date has been changed from Friday, December 27, 1998 at 3:00 p.m. until Friday, January 10, '1997 at :3:00 p.m. Clarification: Submerged Land Lease - Since the County owns the property (the canal) no submerged land lease from the State will be required. Depth of Water - The depth of the water in the dock area is 10 to 12 feet. Pontoon Boats - Motorized pontoon boats are allowed; No power (speed) boats. Plot Plan - A copy of the plot plan for Cocohatchee River Park is attached. If you require additional information, please call Mr. Gary Franco, Parks Superintendent, Parks and Recreation Department at 941/353-0404 or me at 774-8425. GAB/ cc: Gary Franco, Parks Supedntenclen~ Parks & Rec Department COIIIER COUNTY C VERNMENT SUPPORT SERVICES DIVISION PURCHASING DEPARTMENT DATE: November 22, 1996 GENERAL SERVICES BLDG. 330! E. TAMIAMI TIC%IL NAPLES, FLORIDA ~112 (941) 774-8425 FAX (941) 79~-3795 TO: Prospective Bidders FROM: Gwen Surler, CPPB, Senior Buyer~~ RE: RFP #96-2611 - "Cocohatchee River Park Concession" The Board of County Commissioners, Parks and Depar ~men ~, Publ i c Services Division, desires proposals for =he above-referenced services. Recreation to recei ye Please refer Go the Public Notice coneained in the enclosed proposal package for the time and date of the Pre-proposal Conference and =he Opening of this RFP. If you have any immediate questions regarding the specifications or in=ended work, you may contact Mr. Gary Franco, Parks Superin =enden ~ a ~ 941/353- 0404. If you have any procedural quescions, you may contac= me at 774-8425. We look forward Co your participation in this RFP process. CC: Gary Franco, Parks Superincenden£, Parks COLLIER COUNTY GOVERNMENT DMSION OF ADMINISTRATIVE SERVICE8 PURCHASING DEPARTIVI~NT ~301 E. TAMIAMI TR. NAFLI~, ~ 33961 (813) 774-8425 m "COCOHATCHEE RIVER PARK CONCESSION" ~t96-2611 DUE: DATE DECEMBER 27, 1996 Request for Propo~l ~6-2611 - "~ Pdv~r Park P~ge 3 TABLE OF ¢ONTENT8 No=ice of Public Proposal Instruc=ions to Proposers General Requirements Facil i =y Opera =ions Proposal Questionnaire Insurance Requiremen ts Proposer Check Lis= ConCract Proposal Form Non-Proposer's Response 4 5 - 11 12 - 13 14 - 15 16 - 17 18 - 19 2O 21 - 22 23 (£) Reques~ for Pmpos~l/96-2611 - 'Cacol~,bee River P~k Coacessioa* ~g= 4 NOTIC£ OF PUBLIC PROPOSAI~ Pursuant to approval by the Board of County Commissioners, Sealed Proposals for a Concession at Cocohatchee River Park will be received until 3:00 p.m. on December 27, 1996 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, Florida 33962. A non-mandatory pre-proposal conference will be held on December /2, 1996 at 2:00 p.m. at Cocohatchee River Park, 13531 Vanderbilt Drive, Naples, Florida. All proposers must complete the enclosed forms requesting pertinent information re!acing co the operation of a skate park concession. The submittals will be used by the County in making its evaluation of the proposals. Ail proposals shall be submitted in accordance with the Instructions co Proposers and the Request for Proposal specifications. Additional copies of specifications will be available from the  urchasing Departmen~ in General Services Building, Collier County overnment Complex, Naples, Florida 33962. Proposal Security All proposals shall include a proposal security which may be in the form of a cashiers check or other acceptable form of monetary security in the amoun.~ of Five Hundred Dollars ($500.00). Performance Bond A performance bond in the amount of Five Thousand Dollars ($5000.00] shall be required prior to the signing of the Agreement and shall be in faithful observance of this Agreement. The successful Proposer shall be required to furnish the necessary Performance Bond. The Performance Bond shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. MAY 20 {,997 P~.~ Request for Proposal ~J6-2611 - *Coco~ Rivet ~ION TO PROPOSER Collier County, in a program to provide marine fuel, dock storage, bait and tackle, food, beverage and sundry items to the citizens and visitors of Collier County, is seeking a qualified concessionaire. EVALUATION OF PROPOSALB - BELECTION FACTOr8 The general Contract Terms and Conditions set forth criteria which will be used in the receipt of proposals and selection of the success- ful firm. In addition, the criteria set forth below will be considered. A Selection Committee, appointed by the County Manager, will independently evaluate each proposal, and selection will be made on the basis of the criteria listed below: 1. Answer Ail OuesCions on RFP: Proposer shall answer all questions on the "Proposal Questionnaire.. The proposer shall include as a part of the submission the Bidder and Insurance Agent Statement (pages 18 & 19), Proposer Checklist (page 20) and the Contract Proposal (pages 21 & 22). A Firm answering all questions and submitting all of the required documents shall receive a maximum of three (3) points. 2. Oualifica=ions and ExPerience in ODeratin~ a Concessi~r Rating shall be based on information provided on experience in the operation of a Concession. The typical rating for a firm with significant experience and satisfactory performance in concession operations is four (4) points. A firm who can show substantial experience with this type of service and outstanding performance in other concession operations shall receive additional points (maximum of eight (8) points). Overall Completeness. Clari=v and Oualitv of Proposal: Rating shall be based on overall completeness and clarity of proposal. A proposal that clearly indicates past experience, similar contracts that are now in effect, proposers proposed method of operation shall receive a maximum rating of five (5) points. 4. $ercen=a~es Offered: Each proposal shall include the percentages offered. The percentage8 shall be compared to the other proposals. The vendor who offers the highest percentages shall receive a maximum of five (5) points. A proposer who offers lower percentages shall receive correspondingly less points. Rcqucs~ for Proposal/g6-26! 1 P'~e6 Schedule of Ooerations; Rating will be based on the proposer's timeframe for all services to be fully operational and the reasonableness of the timeframes. The typical rating for this item is five (5) points. Timeframes which are unrealistically short or excessively long durations will receive fewer points. Operational Concepts and Plans: The proposal will be evaluated based on proposed operational plan. The proposal questionnaire shall be used as a basis for this rating. The typical rating for this item is 10 points. Additional points will be given up to the maximum allotted for this item for a superior understanding of the overall purpose of, and the local need for the concession operation. HAY 2 0 1997 Request for Proposal ~)6-2611 - '~ ~ Park Conc~i(m" Pa~ 7 Collier County procedure for selection is as follows: 1. Request for Proposals solicited. 2. Receipt of Proposals. The County Manager shall appoint a Selection Committee to pre-qualify all Proposals submitted. The committee members shall score each Proposal in accordance with the rating attached, and may, at their discretion, schedule presentations from the top-ranked firms. The committee members will rank qualified firms and begin negotiations with the top-ranked firm. Should Collier County be unable to negotiate a satisfactory contract considered to be the most qualified at a price the County determines to be fair, competitive and reasonable, negotiations shall be formally terminated and negotiations undertaken with the second most qualified firm. Failing accord with the second most qualified firm, the County shall terminate negotiations, and undertake negotiations with the third ranked firm. Upon the successful completion of negotiations, a Contract shall be drawn up for final approval by the Board of County Commissioners who may request a presentation by the top-ranked firm(s). Request for Propos.~l 196-2611 -- "Cocohatchee River Park Concession* Page 8 GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSE~ PROPOSAL SUBMISSION: The procedure outlined in the Notice of Public Proposal must be followed. Proposers must submit the proposal together with the forms entitled, "Professional and Qualifying Information" and Contract Proposal. Submit the original and five (5) copies of the aforementioned documents to the Purchasing Director, the original signed in blue ink and submitted in a sealed package along with all copies, on which shall be shown the name of the proposer, proposal opening date, RFP number and title on the outside of the proposal package. The proposer should retain one copy of the proposal. Whether forwarded by mail or personally delivered, the above-mentioned envelope must be received by the Office of Purchasing Director prior to the date and time stated in the Advertisement for Proposals. The County assumes no responsibility for proposals received after the Odue date and time, or at office location any or other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late proposals will be held, unopened, and will not be considered for award. REOUIRED DOCUMENTATION: Failure to execute a Contract, furnish evidence of appropriate insurance coverage, as provided herein, within ten (10) days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of the RFP Security to Collier County, which forfeiture shall be considered, not as a penalty, but as a liquidation of damages sustained. Award may then be made to the next-ranked responsible bidder, or all bids m~y be rejected. PROPOSAL FQR~: Each proposer must submit the completed Proposal Form included in this Request for Proposal. SINGL$ PROPOSAL: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. PROPOSAL QUESTIONNAIRE; Prospective proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Paragraphs I through 7 of the Florida Statutes, and agrees that they will fully comply in all respects with said laws. the .-t-~_-- ~f I MAY 2 0 Lq97 Reclues[ for Proposal/96-261 REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-advertise for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County Contract, the County reserves the right to accept the proposal of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. PROTECTIQN OF RIGHTS OF COUNT~: The County reserves the right to include in any con~rac~ document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTiGATiON OF PROJEgT: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director, if necessary, to all prospective proposers before proposals are filed with the Board of County Commissioners. The County Manager will not be responsible for oral interpretation given either by himself or members of his staff; the issuance of a written addendum being the only official method whereby such interpretation will be given. for Prope~l ~96-2611 - "Cocoh~tch~ River P~rk Concession" Page 10 WITHDRAWAL OF PROPOSAL: No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Purchasing Director prior to the time set for the opening of proposal, or unless the Purchasing Director fails to accept it within sixty (60) days after the date fixed for opening of proposal. PROTEST PROCEDURES: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a ~ protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. Ail such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. EXPENSES INCURRED IN PREPARING PROPOSAL: The County accepts no responsibility for any expenses incurred in the proposal, preparation and presentation, such expenses are to be born exclusively by the proposer. LOBBYING: Ail firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied. .either individually or collectively. . .about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closin~ to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Request for Prop~al/96-2611 - 'Cocohatchce River Park Conceuion' TERMINATION: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. pERFORMANCE BOND: The bidder agrees, should he/she be successful in award, to furnish the County within ten (10) consecutive calendar days after written notice of award has been given, a Performance Bond in the amount of Five Thousand Dollars ($5,000) or any other term of surety executed with a surety insurer being an approved reputable and responsible firm licensed to do business in the State of Florida to guarantee the faithful observance of this contract in strict accord with the Contract Specifications and other documents. Ail performance security shall be continued to a minimum of six (6) months past the completion of the project under this contract. Each proposal shall be accompanied by a Five Hundred Dollar ($500.) RFP security in the form of a cashiers check, bid bond, irrevocable letter of credit, cash or other form of security authorized by the Purchasing Director. Collier County reserves the right to reject any and all security tendered to the County. RFP security will be returned within thirty (30) days after Collier County and the accepted proposer have executed a written contract. ADD~T~QNAL INFORMATION: Other than minor procedural questions regarding this proposal must be addressed to: matters, Mr. Gary Franco, Parks Superintendent Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Telephone (941) 353-0404 MAY 2 0 19 // Rcqucst t'or Proposal/96-2611 - 'Cocohatclum River P~rk Concession" Pa~e 12 GENERAL REQUIREMENTS ~URPOSE OF AGREEMENT: The Agreement shall be for the sole purpose of operations, management of a Concession Operation. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. SUM PAYABLE TO COUNTY: The Concessionaire shall pay to the County a stated percentage of gross receipts. Said percentage shall be paid to the County by the lSth of each month for the preceding month, and said payment shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive the rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. GROSS RECEIPTS: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales ~tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. AUDITING OF ACCOUNTS: The Concessionaire shall, upon demand, make available locally, books of account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. ~rCENS~S AND TAXES: The Concessionaire shall be required to obtain and pay for all necessary licenses for this operation. He shall be solely responsible for payment of any and all taxes levied on his operation. ~PLOYEE QUALIFICATIONS: The Concessionaire shall employ people to work at this facility who are literate, neat, clean, well-groomed and courteous and wear a uniform of the company. TERM QF AGREEMENT: The term of the Agreement between the County and the successful proposer shall be for a period of ten (10) years from the date of approval by Collier County's Board of County Co~___issioners and shall be renewable upon satisfactory performance by the Concessionaire for a period of five (5) years under the same terms and conditions, subject to approval of the Board of County Commissioners. The County shall give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the existing Agreement. The Concessionaire must notify the County of his/her intent to accept the Agreement extensJ less than sixty (60) days prior to the end of the existing Agre on not HAY 2 0 1997 R¢clue~t for Propesal ~6-2611 - "Cocohatchee River Park Conceuion" Page 13 OPERATIONAL CONCEPTS: The successful Concessionaire must obtain written approval from the Director of Parks and Recreation or his authorized representative for any and all changes in operational concepts as set forth in his Proposal ASSIGNMEN~ OF CONCESSION AGREEMEN~: The Concessionaire shall not, at any time during the tenure of the Agreement, sublet any part of this Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of County Commissioners. NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations referred to by this Management Operations Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. Ail facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for safety, orderly operation and security of the facilities. ~: A monthly report of activities submitted to the Parks and recreation Department by the 15th of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, as a minimum, shall include hours of operation, daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. Pa~¢ 14 fACILITY OPERATIONS Cocohatchee River Park is located at 13531 Vande~ilt Drive, Naples, Florida. The park site includes a boat ramp, boat ~ips, dock master building, restroom facility, and parking for vehicles and trailers. There are no fuel docks located at the park facility. There are approximately 500 boaters that are utilizing the park facility on a monthly basis. Collier County is seeking a qualified concession operator to provide a Concession that will include marine fuel, dock storage, bait & tackle, food, beverage and sundry items. HOURS OF OPERATION: The concession shall be open and properly staffed seven (7) days per week. The hours of operation shall be from 6:00 A.M. to 6:00 P.M. The Concessionaire may open at an earlier time and close at a later time subject to prior written approval of the Director of Parks and Recreation Department. Ail hours of operation shall be conspicuously posted and easily read by park visitors. PUBLIC USE OF FACILITIES: The attention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Department for the satisfactory and courteous operation of his concession. Nothing in this Agreement will preclude the County from using the Public areas for public and/or civic purposes as deemed necessary. MANAGERIAL SERVICES: The Concessionaire shall have an experienced manager or managers overseeing the facility. Conduct of the employees of the Concessionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Department. ADVERTISING AND SIGNS: The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the facility. All signage, advertising and posting shall be approved by the Director of Parks and Recreation or his authorized representative. BEOZNNING OF OPERATION: The successful proposer shall be open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners. CLOSURE OF FACILITIES-LOSS OF EOUIPMENT: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, strikes, acts of God, etc., the County will allow pro-rata of monthly payments up to the time the damage is circumstances return to normal. · Page Rcqucst for Proposal t96-2611 - "Cocohstchee River P~k Concession" CASH REGISTERS: The Concessionaire must use point-of-sale electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County· All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. Ail sales must be accompanied by a receipt to the customer. PAYMENT Q~ UTiLITiES: The County shall pay for charges of utilities to the designated premises including, but not limited to, charges for water, sewer, and electricity during the term of the Agreement. Any utilities that are for the benefit of the Concessionaire shall be paid by the Concessionaire, i.e. telephone. MAINTENANCE AND REPAIRS: The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation or his authorized representative provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. SECURITy: The Concessionaire shall provide any security measures which may be required to protect his/her area and his/her equipment, materials and facilities. TRASH. RUBBISH AND GARBAGE REMOV$n: The Concessionaire shall be responsible for the pickup and removal of all rubbish, trash, and garbage. The County will provide commercial garbage service. ~: The Concessionaire must provide and maintain, at his own expense, all equipment required to operate the Concession. The Concessionaire shall have the right to use County equipment, furnishings and fixtures that may be presently used in conjunction with the operations. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the Agreement, the Concessionaire shall quietly and peacefully, redeliver said inventory to the County. APPEARANCE OF PREMISES: The Concessionaire shall have a neat and orderly operation at all times. No signs or advertising shall be placed on or around the facility location unless first approved by the Director of Parks and Recreation or his authorized representative. Concessionaire shall make available all areas under his control for examination at any time by the County Manager or his authorized representative. · Pl~e 16 Request for Propos~/96-24511 PROPOSAL QUESTIONNAIRE Qualified firms interested in providing the services described are invited to submit a complete proposal for consideration. The Propoaal shall address the items listed below. Failure to provide all requested items may be sufficient cause for non-acceptance of the Proposal. QPERATIONAL CONCEPT The proposer shall provide a narrative fully describing his/her proposed operational concept, financial commitments and plans in regard to the operation and programs, specialty events or any other programs for the facility. As a minimum, the proposal shall include the following: a) Hours of operation; b) Proposed staffing levels; c) Proposed retail operation; d) Provide a chart outlining all services to be provided and the timeframe for each service to be fully operational at the concession site; Indicate the amount of capital funding that will be provided by the concessionaire and the source of this funding; f) Provide a conceptual plan for the purchase/installation of the fuel dock; g) Provide a fee schedule for products and services that will be sold to the public; h) Provide resumes of all persona who will be involved in the business and actual operation of the concession; i) Provide at least three (3) references (name, address, telephone number) on comparable concession operationa. and REFERENCES: Bank(s) Maintaining Account(s): Surety/Underwriter: (if required) Suppliers: HAY 2 0 19S? Reques~ for Proposal/96-2611 - *Cocohaw. b~ Rlwr lJ~'k Conccss~' PROPOSERS Q~STIO~~ (Continu~d) LIST O~R SIMIL~ CO~~S P~S~Y ~ CO~~ OR ~ B~ ~ER CO~CT WI~: Con~rac~ wi~h ~e of Conceasion ~era~ion How ~ng OTHER INFORMATION: Are there any judgments, claims or suits pending or outstanding by or ~ you? [_] Yes [_] No If the answer to either question is yes, submit details on separate sheet, List all lawsuits that have been filed by or against your business in the last five (5) years: - Pale Request for Proposal/96-2611 - '~Cocohatchee River Park Concession" Collier County Florida Insurance Requirements INSURANCE TYPE R~QUZILED ~IMZTS X 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. X _ x 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting SA~ Single Limit endorsements. Per Occurrence 3. Indemnification: The Contractor/Vendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through =he signing of this document, shall hold harmless and defend Collier County and its a~ents and employees from ali suits and actions, including at~orney~, fees and all costs of litigation and Judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claim~ brought agains~ the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor,s obligation under this provision shall no~ be limited in any way by the agreed upon contract price as shown in this Co~act or the Contractor/Vendor,s lim/t of o- ~__u ?~=~¢~ent insurance protection. The first Tm. dollars 10.00) of money received on the contract price considered as payment of this obli~ation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability Owned/Non-owned/Hired ..... Automobile Included 5. O~her Insurance as indicated below: a) Professional Liability b) Environmental Protection & Pollution Coverage Bodily Indurv & ProDer~vI~ Each Occurrence 22 I .AY 0 997 ! Page 19 ReClUCS~ for Proposal/96-2611 -"Cocohatch~ River P~: Concession' COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) X zo. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL INSUREDm on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other fo~at will be Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSUR3%NCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. 23 ·. .. Page 20 Request for Proposal 196-2611 - ~Cocohatchee River Park Concession" THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchaslng Department R T A N T: Please read carefully, sign In the spaces indicated and return with.your bld proposal PROPOSER CHECK LIST Bidder should check off each of the following Items et the necessary action ie completed: 1. The Proposal has been signed. 2. The Proposal prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been Indicated. 5. Any required drawings, descriptive literature, etc. have been Included. 6. Any delivery information required is Included. 7. If required, the amount of RFP Security has been checked, and the RFP Security or cashlers check has been included. 8. Any addendum have been signed and Included. g. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners General Services Bldg. CoIIier Counly Government Cenler 3301 Tamiami Trail E. Naples, Florida 34112 10. The mailing envelope must be sealed and marked wt~: Proposal number Proposal flue Opening date 11. The proposal shall be mailed or derwered In time to be rucelved no later I~an the spedfled ~ date an~! time. (Otherwise proposal cannot be co~. ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET, Date 24 Request for Pr~osai ~?6-2611 '~ Rtver Park Concession' CONTRACTPROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 33962 RE: Request for Proposals #96-2611 -"Coco. hatchee River Park Concession" Dear Commissioners: The undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the sen/ices of a concessionaire to provide marine fuel, bait and tackle, food, beverage and sundry Concession. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. Percentages: An amount equal to the indicated percentage of all gross receipts (except sales tax), or the minimum monthly guarantee in a dollar amount whichever is greater, derived from the operation of said concessions payable monthly as follows: $ lb % or $ I.-~ { c3~g.'"'"Monthly Addenda Received # J # # # by Proposal conflnded on next page... 25 ,,, --i IIIIII I I ~111 II I III ........ Page22 Request for Proposal t96-2611 - 'Cocohatchee River Park Concession" It is understood by the proposer that the County reserves the right to reject any or all proposals, to waive formalities, technicalities and irregularities, and to re-advertise. The proposer further understands that the County retains the right to withdraw all or any portion of County property thereto from terms and conditions of the Concession Agreement upon giving the concessionaire ninety (90) days written notice. Proposer's Firm or Legal Name ~ Partnership, sole Proprietorship, (Circle one) Phons No. (. q~ I") ~'ci "] - ~ Address FL. City and State Zip BY: Paul Earve¥, Pres. STi~~.~ed and W~tten gnak,. & ~6 I MAY 2 P.."" · EXECUTIVE SUMMARY AND EXECUTE THE SATISFACTIONS OF CLAIM ~ Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Liens. · - "- -rd of Cou--"' ~rs of Collier County, Flodda as the CONSIDERATIONS: The_tx3a. -- "~_ :.Officto the ~ing Board of the C, ogier 1 .) Mariano J. Litterio, ~dng the principal balance of $1,340.00 plus accrued interest and penalties. 2.) Rober~ B. Hopgood Jr., securing the ~ balance of $900.00. plus accrued Interest and penalties. Full payment and satisfaction of these liens have been made. The County Attorney's OtT~..e has reviewed and approved the Satisfactions of Clakn of Liens. FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash tlow in the Count, s impact fee liens account to approximately $208.801.00. GROV'~i'H MANAGEMENT: None - the same cailceJeQ, aria ~ ~ u m of ~e~ liens a~ ~ ~u~m _ ~ e ~e C~n ~ ~~ ~u~ of ~lier ~ ~ ~ ~u ~ ~,~.-. ~ ~e SaU~ns of ~a~ ~ ~- Execu'dve Summary Page 2 Agenda Date: May 20, 1997 Rev&Q.~Je Services Leo Ochs_ jr.,~A~rninistrator Support ~ ~y 2 o tee'/I EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES D.J[JJCC,.T. DCE: Recommendation that the Board of County Commissioners ~ full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the ~ County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Prm33ise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by:. 1 .) Randy and Sandra Acres, securing the prindpal balance of $5,575.00 plus accrued interest. 2.) Theodore and Claire Alexander, securing the principal balance of $1,100.00 plus accrued interest. 3.) Flor Jeanette Araya, securing the principal balance of $1,260.05 plus accrued interest. 4.) Jerry and Lorretta Cannon, securing the principal balance of $1,260.05 plus ac~ued interest. 5.) Candace P. Griffin, securing the principal balance of $1,500.30 plus accrued interest. 6.) Donald and Linda Hazel, secudng the principal balance of $1,500.30 plus accrued interest. 7.) Betty L. Johnson, securing the principal balance of $1,260.05 plus accnJed interest. 8.) Michael and Sally Kimble, securing the principal balance of $1500.75 plus accrued interest. 9.) Sam May McCallum, securing t~e principal balance of $1500.30 plus accrued interest. 10.) Beatrice H. McCarthy, securing the prindpal balance of $1,500.30 plus accrued interest. HAY 2 0 997 Executive Summary Page 2 11 .) Robert Poweil and Marie RoddqueT., securing the Ixtnctpal balance of $1,500.30 plus accrued interest. 12.) Chide Parks and Ila Mee Parks, securing the prkx;tpai balance of $1,500.75 plus accrued interest. 13.) Richard and Caroarm Penix, securing the ~ balance of $1,259.66 plus accrued interest. 14.) William and Darlene Robinette, securing the principal balance of $1,500.30 plus accrued interest. 15.) Mtguel and Cointa Salguetm, securing the principal balance of $2,845.65 plus accrued interest. 16.) Terry and Elizabe~ Shaffer, securing the I~ balance of $1,500.30 plus accrued ~ 17.) Robert and He~en Smith, securing the prlx:tpal balance of $~ 2.59.66 plus accrued interest. 18.) Dtx~ Staffo~ and Deaa Tucker, securing the Ixirtctpal balance of $1~.59.66 plus accrued interest. 19.) Williamand Deborah Stor~,securingtheprtn~balance~$1~.~ 20.) Nellie tN'~ans, securing the principal balance of $1,340.00 plus accrued interest. 21.) Andrew D. Vargas, securing the ~ balance of $1,234.35 plus eccrued Interest. 22.) Kwock L Yee, securing the principal balance of $1,260.05 plus accrued interest. Full payment and satisfactions of these agreemer~ have been made. Executive Summery Page 3 GROWTH MANAGEMENT IMP~,CT: None RECOMMENDATION: Recommendation to ac~no,a4edge full payment and the satisfactions of these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and ~nt to Extend Payment of Water andlor Sewer System Impact Fees. Agenda Date: May 20, 1997 Prepared bY~indy Long, A~'f~unting T~ Revenue Se~ces [J Rev~ue Servtce~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD TERMINATE CONTRACT 96-2608, SPRINKLER PARTS AND RELATED ITEMS AND AUTHORIZE STAFF TO RE-BID. . ~,_C_~:~J~=: To terminate contract 96-2608, Sprinkler Parts and Related Items and re- bid. CONSIDERATIONS: On Nm'ember 6, 1997, sta~. sent p~!s_o__ut_for .bid.s sprinkler parts and related items. Bids were open~ on .l~:~.l:)er 4, 1 bids were received. After staff analysis, the three lowest veneore were recornmenaea for award (Coast Pump, Hyatt Sprinkler, and Pump & Irrigation Suppr~s). The Board approved the recommendation on January 21,1997. These companies have notified staff of a recent price increase for fittings, and fittings represent approximately 50% of the bid purchases. Since the bid doesn't allow for a price adjustments, staff recommends re-bidding. Quotes were obtained by staff for departments to use during the interim period. FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $4,200 during the interim period. ~ ~'. av. ltab~a v[~t~ GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners terminate Bid 96- 2608, Sprinkler Parts and Related Items, authorize staff to re-bid, and for departments to use the quotes obtained during the interim period. Rhonda L. Snell, Buyer I Reviewed By: Approved By: Date: Stephen Y. Camell, Director Purchasing/General Services Leo bchs, admin,. ~is~. or Support Senti~ivision Date: I HAY 2 0 1997 I ,0.. / . A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent Solid Waste Collection and Disposal Services Special Assessments and a mailing of a written notice of the Imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Uene shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 45 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Uens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Uen and the Resolution is approximately $280.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissionem adopt the attached Resolution approving the 45 Satisfaction of Uens for the accounts listed in the Resolution and authorizing the Chairman to sign the 45 Satisfaction of Liens for the 1994 Solid Waste collection and Disposal Services Special Assessment Liens. Prepa red by: ~ :,(~_ '_t~ Pam..~is, Accounting Technician /~;;: Services Department ~i~r~sa A. ~n, R~enue Manager Depa,me~ ~ Reven-- ~~ J~. Yonk~O,'Di~r '- ~ Debarment of Reve~ ~ Sup~ ~s~s~n Date: Date: I 2 3 6 ? ! 9 I0 11 12 14 16 17 I! 2O 21 22 23 24 2~ 26 2'/ ~2 39 4l RESOLUTION NO. 97- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOUD WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Coliier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services sp,~ciel assessments for 1994; and WHEREAS, ColSer County Ordinance No. 90-~0, as amended, requires the Board to approve by ResolutJo~ and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that purtuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoptiort of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identit'md herein. The SaUsfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commis~o~ers, and the Cled; is directed to record this Resolution and these Satisfactions of ~ individually in the olT~cial records of Colt'mr County:. Account No. 1601 A..:~.unt No. 1818 ,e~'c~lt No. 2406 ~:~c.c~t No. 4394 A..~:~'tt No. 4789 A,_:~,~nt NO. 6431 Acc~,m~t NO. 6570 Acc~jnt NO. 7139 ~ NO. 7919 A,.z~-~nt No. 8277 ~ No. 8701 Acc~cxmt No. 8769 A..:~.unt No. 8934 Acco~lt NO. 9182 ~No. 9700 ~ No. 11154 Account No. 12661 Account NO. 12649 I 2 4 6 ? ! 9 I0 II 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 29 3O 31 32 33 ~4 35 36 37 38 39 4O 41 42 Account No. 14177 Account No. 15011 Account No. 15868 Account No. 18421 Account No. 20051 Account No. 20093 Account No. 20378 Account No. 20941 Account No. 20983 Account No. 21173 Account No. 21306 Account No. 21319 Account No. 21348 Account No. 22075 Account No. 22350 Account No. 22664 ^ccount No. 22897 Account No. 254g~ Account No. 27342 Account No. 28367 Account No. 28435 Acc__ount No. 4255 Account No. 6460 Thia Resolution adopted thtl ~ second and majortty vote. ATTEST: . DWIGHT E. BROCK, CLERK Approved aa to form and legal suff~ienc~. ' nav~d County Attorney day of , lgg7 after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L HANCOCK, CHAIRMAN A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent Solid Waste Collection and Disposal Services Special Assessments and a mailing of a wrfften notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Offidal Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 95 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Uen and the Resolution is approximately $585.00 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 95 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 95 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. Pam (~-~ccounting Technician Rev~. ~,Services Department ' Tef'eS"a A. Riesen, Revenue Manager Revenue Sef~ces Dep~m~ Approved by: Joh~ ~. Yonkosky, ~.~or Rev~ )~e Service"~ Department ,,o r.7 Date: Date: Date: HAY 2 0 m7 / 25 26 27 21 29 3O 3] 32 33 ~4 35 37 31 39 4O 41 42 43 44 45 47 49 RESOLUTION NO. gT'____ A RESOLUTION API:~OWNG SATISFACTION OF UENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOUO WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. 7 9 WHEREAS, pursuant to Collier County Ordinance No. 9(>30, as amended, the ,0 Board of County Commissioners on August 22, 1995 adopted ResoluUon No. 95-475 ,, authorizing the recording of noUces of liens for the delinquent solid waste COllection '2 and disposal services sDeclal assessments for 1994; and ,) WHEREAS, Collier County Ordinance No. g~30, as amended, requires the Board ~4 to approve by ResoluUon and record In the Official Records a Satisfaction of Uen on ,s all accounts that have been paid In full. 16 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,? COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-~O, as ]8 amended, the Board recognizes full payment and receipt of tile 1994 Service Year ,9 Solid Waste Collection and Disposal Special Assessment for the following accounts 20 numbered below, subsequent to the adoption of ReSolution NO. 95475, whereupon a 21 lien had been recorded on real property pertaining to the acCOunts Identified herein. 22 The Satisfactions of Uen attached hereto referencing the accounts Identified herein 23 are hereby approved and the Chairman Is hereby authorized to sign on behalf of the 24 Board of County Commissioners, and the Cler~ Is directed to record this Resolution and these Satisfactions of Uen Individually In the official records of Collier County: Account NO. 301 Account NO. 1012 Account No. 1038 Account No. 1041 Account No. 1449 Account No. 2231 Account No. 3146 Account No. 3243 Account No. 3638 ACcount NO. 3751 Account No. 3793 Account No. 4307 Account NO. 4433 Account No. 4543 Account No. 4556 ACcount NO. 5115 ACcount NO. 5131 Account NO. 5335 Account No. S704 ACCOUnt NO. 5966 ACcount NO. 6088 ACCOUnt NO. 6185 Account NO. 8293 Account No. g725 Account No. 9991 I 2 3 4 7 9 IO I! ]2 13 14 16 17 2! 27 29 33 3~ 39 41 42 43 45 47 49 $1 ~2 ~3 61 A~Dunt NO. 10223 AO~nlt NO. 102~ Ao~ount No. 11138 ACcOunt NO. 11442 Account NO. 11552 Account No. 11617 AOD~nt NO. 11659 AcCount NO. 12166 A~o~nt NO. 13042 A~ount NO. 1~)~4 Account No. 13563 Account No. 13783 ACcount NO. 13903 AccOunt NO. Account NO. 14106 ACcount NO. 14~29 ACCOUnt NO. 1498~ Account ilo. 15053 Account NO. 15147 ACCOUnt NO. 151~0 Account NO. 15707 ACCOUnt NO. 15862 Account No. 16298 ACcount NO. 17152 ACCOUnt NO. 17718 Account NO. 18063 Account No. 18186 Account No. 18429 Account NO. 18568 Account NO. 18610 ACcount NO. 18678 Account NO. 19101 ACCOUnt NO. 19622 ACCOUnt NO. 20145 Account No. 20569 Account No. 20572 Account No. 21021 Account NO. 22033 ACcount NO. 22965 ACCOUnt NO. 23238 Account No. 23249 Account No. 23504 ACcount NO. 23359 ACcount NO. 24060 ACCount NO. 24251 ACCOUnt No. 24578 Account No. 25056 Account No. 25069 Account No. 25166 Account NO. 25878 Account No. 29505 AC~;ount No. 26741 ACCount No. 27151 ACCOUnt NO. 27724 ACCOUnt NO. 27795 ACcount NO. 2~229 ACcount NO. 28480 AcCOunt NO. 28S0~ Account NO. 194 ACCOUnt No. 24~ ACcount NO. 864 ACcount NO. 1355 Account NO. 2228 Account No. 2545 ? 8 9 I0 II 14 16 17 18 2o Account NO. 3654 Account NO. 4~15 Account No. 5225 Account NO. 5869 ACcount No. 6169 Trois Resolution ocloptea ~lS cLrv Of ,1997 after moUon, second ancl rr~orlt'V vote. ATTEST: DWIGHT E. BROCK. CLERK A,oo~vecl as to form and ~egal sufficiency: _ . · County Att~T~ BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIOA RECOMMENDATION THAT THE BOARD OF COUNTY GO~d188K)NE]~ APPROVE AND EXECUTE THE NOTICE OF PROMI~ TO PAY AND ~ TO EXTEND PAYMENT OF 8EWER SYSTEM IMPACT FEE8 CONSIDERATION:S: The Board of County Com~ at their April 16, 1991 meeting m,-thodzed the Utilities Divlsiofl to work ~ any parsons wishing to eflter Into an egmement to exceeds $6,000.00. Andrew and Irene Rozio u~d ~ and Elenora London, owning and operating ~1 Ixoperty, contacted the Revenue Sewices Department regarding extending payment of the sewer impact fees imposed upon them upon coflnectJofl irrto the County's regional sewer system, said impact fee totals $37,645.00. The owners hsve executed a NoOce of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees in accordance with Board direction at their Apr~ 16, 1991, meeting. In edditJon, the owners have deposited $167.95 to cover state document stamps and recording fees associated with providing extended payment. The County Attorney's office has reviewed and approved the Agreement. ~=ISCAL IMPACT: Entering into this Agreement will defer payment of the impact feeo~ $37,~,5 o~ a seven (7) year period at an interest rate currently at 5.42 percent. GROWTH MANAGEMENT IMPACT: Collier County Ordinance No. 90-87 established the ~oard's policy that improvements and additions to the Regional Sewer System required to accommodate future connections or demand by Sewer System Impact Development shall be funded entire,'y by the revenue derived from the Sewer System Impact Fee. Therefore, new users should pay their fair share of costs of the system. At this time It is not expected that the diminished funds in the Sewer Impact Fee Trust account resulting from this agreement will Inhibit the County's growth management or concurrency obligations. Page 2 Executive Summary RECOMMENDATION: Recommendation to approve m,~d execute the Notice of Pro~,~ to Pay and Agreement to Extend Payment of Sewer System Impact Fee between Andrmv and Irene Rozio and Matthew and Elenora London, and the Board of County C..orrm'~lmmm of Collier County, Florida, as the Governing Body of the Collier County Water-Sewer District. Auflx)rtze Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee. Agenda Date: May 20, 1997 Prepared by: (-- ~ '~ c'z:~ ~ '..~,~ Cindy Long, A~.counting TeChnician Revenue Services ~' Reviewed Approved by: s, Jr., Administrator Support Service~. / 1009 This instrument prepared by: Office of the County Attorney 330i E, Tamiaml Trail Naples, Florida 33962 (813)7'/4-[400 NOTICE OF PROMLSE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER gYSTEM IMPACT FEF~ This Agreement made and entered into this ~dsy of , 19. ., by Jkz~r~v itol~o and ~z~nna Bos~o, huM~md and Who~ mailing address is la tO an ~d~v~ onn-hl~f {t} ~nttrtlt la 6600 Dudley Dr~ve bun~ and v~fe, aa to an ~v~ded on~Z~ Governin[ Body of Collier Covnty and ~ E~-Officio the Governin$ Bo~d of the Collier County Water-~wet Dis~ict (~ieaf~r RECITAl,S: A. The parties to this Agreement adopt and incorporate into thil A$~'eement by reference the Colli~t County Rational Water nnd/or Sewer System Impact Fez Ordinances in there entirety, san~ IxtnI more particularly described as Collier County Ordinance No. 90-16 and No. 90-['/, including any amendments thereto, and/or Its auccessor in function. B. Owner represents and warrants to the County that he is the record fee title owner of cartOn l~Kb shuated within the Collier County Water-Sewer District (hereinafter "Property"), which have ~ eziating Build- ands. structures and/or other improvements, and which are mandated to connect to the Regional water and/or sewer system, said Property more particularly described below: TB,&t'T I, NAPLES PLAZA PLANNED UNIT DEVELOPMENT, A SUBDXVI. SXON ACCORDi, BG TO TIIE MAP OR PLAT TIIF.,P. BOF ON FILE AND it~CORDED lB OFFICE OF TIlE CLERK OF CIRCUIT COtYRT, R~CORDZD lB FLAT BOOK 14, PAGF..S 44 AND 45, OF TIL~ PUBLIC RI~CORDB OF COLLIER COOIlTY, FI, O~XDA. FOLIO NI,'H~i~R: 63000160000 C. Owner represents and warrants to the County that the party or parties identified herein ns Owner constitute all persons or entities who are the record owners of the Property. D. Owner acknowledges and agrees that this Property is Water and/or Sewer System Impact which has not heretofore paid applicable impact fees to the County, and as such, is subject to the of Water and/or Sewer System Impact Fees (hereinafter 'Impact Fees') by the County. N.· 10U9 WITNESSETH: NOW THERGFORE in considerBtJou of ~ a~ve R~i~s. ~e coronets exchanged herein. ~ovision of canaan regional utilities ~ice co the ~o~fly. the ~unt~*s con~nt to illow ~ pt~mcm of thc Impact ~eas in ins~JJ~nts over time, the Owner*s promi~ i, ply ~c Impact is~ia~ ~erewith sad oth~ S~ I~ v~uibJe consJderlfion exchanied Imoufst ~c p~cs, tsrcc &nd covenant with each ~r ~ follows: I. ~e a~ve Recitlls are ~ and ~K~ ted are i~o~l~d h~in. 2. Owner will pl~ thc subj,: imp~ ~s to the ~ouMy, tose~r wi~ an~ title v~fl~tion rKor~inf f~s. and lay ~onabic cstimflon of thc cost and ex~n~ ~s~ilt~ wi~ ~ovJdins payment tire.stave iterated as follows: Water Impact F~ ................................................ $ Sewer imp~t F~ .............................................. J 37.520.00 Acc~ed In.rest on ~en ...................................... $ Title Verification Ex.rises ................................... S 50.00 Transactional Fees. (rzcordinf fees. documentary s~mps, etc.) ................................. S 167.9s Extraordina~ Administrative Ex,nsc associit~ with ~ovJdinf extended payment alternative ............................................$ 7S. 00 · TOTAL DOLLAR AMOUNT FINANCED .......... S 37,645 r 00 3. In return for the extended payment alternative that Owner has received, Owner promises to pay to thc order of the County the principal sum reflected in Paragraph 2 above as the TOTAL. DOLLAR A]vfOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full month following the date of this Agreement. The interest charged shall be adjusted during January of any calendar year and shall be based on the County's cost of funds for the immediately proceeding fiscal year. 4. Owner covenants to make monthly payments at any address or location designated by the County beginning with thc second full month following the date of this Agreement in the amount of S 539.53 .and a like amount payable each and every month thereafter over a seven (7} year period, thc end of which shall be the maturity date. 5. On the maturity date. A FINAL BALLOON PAYMENT consisting of any remaining principal balance, accrued intcrcst and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the monthly lns~llments on the extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make full and timely payment of the entire utilities bill including any extended Impact Fees installments. Owner covenants not to attempt to partition the hill or pay either thc utilities' portion without paying the Impact Fees portion m' vice-versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges that may be imposed by or appear on the Owner's utility bill, then to any other charges that may be imposed under this Agreement, with the remainder applied as a reduction of the remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance and any accrued interest or other char[es ut any time without penalty. If Owner mares a partial payment of principal, there will be no delay in the due date of any subsequent payment due from Owner. 8. Owner covenants :hat O vnet is lawfully seized of the Property and has the right to mortgage, ~rant and convey the Property an-'l that the Property is unencumbered, except for encumbrances of reco~t warrants and will defend generally thc title of the Proper~y against all claims and demands sue~ '~srd~ encumbrances of record. 9. Owner covenants to promptly pay when due the principal and interest on the debt eva4 Agreement and will at all times keep its water and/or sewer, and if applicable, irrigation utilities N~ 1009 I 0. Owner covenants to pay all property taxes, including all non-advalorem assessments, assessments, charges, fines and other impositions attributable to the Property which may in any way attain priority over the County's lien against the Property resulting from providing an opportunity for extended payment of the subject Impact Fees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense against enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or (c) secures from thc holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. If County determines that any pan of the Property is subject to a lien which may attain priority over the County's rights to full payment of the Impact Fees, County may give Owner a notice identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth above with in ten (10) days of the giving of notice. I l.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the County. 12. if the existing Buildings. structures and applicable improvements on the subject property consisl of a mobile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to pass through and on the same terms all Ihe benefits of any extended payment of these Impact Fees to the affected occupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, if Owner files a petition of any kind in Bankruptcy Court, or if Owner should be in default under any of the agreements, terms or covenant in this Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon lo be due immediately without any advance notice. The County shall not waive its right lo accelerate the payment if it fails to exercise ils right for any past defaults. If the County requires Owner to pay the principal balance and the accrued interest immediately in full as described above, the County will have the right to be paid back for all of its costs and expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court. 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility system. Further, Owner covenants and agrees that if any extended payment installment shall not be paid when and as due, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property pursuant to Chapter 153, Florida Statutes, and Chapter 88-499, Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the event that any such extended Impact Fees installment, or the balance of the Impact Fees upon acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the unpaid balance of Ihe Impact Fees and all interest accrued thereon. Iogether with attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the County by action or suit in equity as for the foreclosure of a mortgage on real property. 15. Owner fully understands and agrees that failure to pay any monthly installments in a limely manner will result in the water to the referenced Property being shut off without further notice and that the water service will not be restored until all outstandin$ balances are paid in full, including but not limited to outstanding utility charges, turn on charges and reinstatement of the extended Impact Fees installment to current. 16. Thc extension of time for payment :~r modification of amortization of the sums secured by this Agreement granted by the County to any successor in interest of the Owner shall not operate to release the liability of the original Owner or Owner's successors in interest. County shall not be required to corn proceedings against any successor in interest or refuse to extend time for payment or otherwis~~ amortization of the sums secured by this Agreement by reason of any demand made by the original Owner's successor in interest. Any forbearance by County in exercising any right or remedy shall N_~ ~00~ waiver of or preclude the exercise of any right or remedy. The covenants and a~ecments of this Agreement shall bind and benefit successor~ and assisns of the County and Ihe Owner. Owners' covenants and asreements shall be joint and several. If more than one person signs this Agreement as Owns, each person or anttly is fully and personally obligated to keep ail the promises made in this Agreement, including the promise to pay the full amount owed. Any person or entity who takes over the obligation under this Agreement is also obligated to keep all of thc promises made herein. The County may enforce its rashes under this Agreement a~ainst each person or entity individually or against all of them together. This means that any one i~r~on or entity si~ninS as Owner or any one person succeeding to the Owner's interest may be required to pay all of the amount owed under this Agreement. 17. Owner or lay other person or entity who has an obligation under this Agreement, wnlves the right of presentment sod notice of dishonor. Presentment means the fight to require the CO,Sly to demand payment of amounts due. Notice of dishonor means the right to require the County to give notice if any amounts due have not been paid. 1 $. If enactment or expiration of applicsble laws, or an adjudication by a court of competent jurisdiction, has the effect of rendering any of thc provisions of this Agreement er the County's statutory lien rights unenforceable or alters thc priority of the County's lien as comcmplated and referenced in Paragraph 13, the County, at is sole option, may require immediate payment in full of ali sums secured by this A$,mement and rely invoke any remedies permitted hereunder or available by law. If County exercises this option, the County shall give Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days from the date of notice is delivered or mailed within which the Owner may pay all sums secured by this Agreement. If Owner fails to pay these sums prior to the expiration of this period, the County may invoke any remedies permitted by this Agreement or otherwise available to it by law without further notice or demand on the Owner. 19. This Agreement shall be governed by the Laws of the State of Florida. In the event that any provision or clause of this Agreement conflicts with applicable law. such conflicts shall not affect other provisions of this Agreement which can be given effect without the conflicting provision. To this end, the provisions of this Agreement ire declared to be severable. 20. Upon payment of all sums secured by this Agreement, the County shall file a solace indicating full payment in the appropriite Public Records withoul charge to Owner. Owner shall pay any recordation cost. 21. if Owner meets certain conditions, Owner shall have the right lO have enforcement of this Agreement discontinued at any time prior to the earlier: (al five days (or such other period as applicable law may specify for reinstatement) before sale of Ihe Property pursuant to any power of sale contained in this Agreement; or (b) entry of a judgment enforcing this Agreement. The conditions are that the Owner: (al pays the County all sums which then would be due under the Agreement hid no acceleration occurred; (b) cures any defaults of any other covenants under this Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, bur not limited to, reasonable attorney's fees; and (d) tike such action as the County may reasonably require to assure that the lien or the lien rights of thc County in the Property and the Owner's obligation to pay sums secured by this Agreement shall continue unchanged. Upon reinstatement by Owner, this Agreement sad the obligation secured hereby shall remain fully effective as if no acceleration had occurred. However, this. right to reinstate shall not apply in the case of acceleration under Paragraphs 17 or 21. 22. Any notice to Owner provided for in this Agreement shall be given by delivering it or by mailin~ it by first-class mail unless applicable llw requires the use of another method. The Notice shall be directed to the Property address on the utility bill typically delivered by the County to the Owner. The Notice to the County shill be given by first class mail to the County's address on the utility bill, to the attention of the Collier County Revenue Services Director, or any other address the County designates by notice to Owner. Any notice provided rot in this Agreement shall be deemed to have been given to Owner or the County when given as provided in this Parlgraph. If all or any part o1~ the Property or any Interest In It is sold or transferred to other than a person related to the Owner by blood or marrlale (or if a beneficial interest In the Owner is sold or transferred and Owner is not n natural Person} Immediate payment In full of all sums secured by this Agreement shall be due and payable. If these sums are not paid in full upon such sale or transfer. the County may invoke any remedies permitted by this Agreement or applicable law, including but not limited lo the refusal to open a new utilities account and/or provide or turn on the water service. 23. This agreement shall be recorded in the Public Records of Collier County to reflect a vested, fixed, and secured lien on the property. 24. This Agreement shall be binding upon the Owner. Ihe Owner's successors and assilns and the Property. ! ~AY Z 0 'lgg7 I l__:.. ,c, I WITNESSES TO ALL SIGNATURES: IN WITNESS WHEREOF. Itm pm'Ue~ ~ ~ It~ Agra.'neat ~ of I~ ~ ~ ~ t'fit Mx~v~ wlt~n.  :E, SSES TO ALL SIGNATURES: Name) (~y;~ ~ame) STATE OF PlD~ coum'Y OF ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. STATE OF FLORIDA BY: COUNTY OF COLLIER 'tIMOTHY L. HANCOCK, CHAIRMAN I HEREBY CERTIFY ttmt on this day. before me. an officer duly ~ ~n ttm State and County aforesaid to take acknowtedgments, personally appeared Tm~o~hy L. Hancock. well known Io me to be Ihe Chairman of Itm Board of County Commissioner~, Collier County, Florida, As The Governing Body of Coaier Courtly and as Ex-Officio em Governing Board of The Collier County Water-Sewer District, being authorized ~o to do. executed Ihe Ioregolng Notice of Promise to Pay end Agreement to Extend Payment of Sewer System I~ Fee~ fo~ Ihe purpoees ~ conalned under authority duly irrvesad by the Board of County ~, and that the ~ afroted ~ is ltm L'ue seal of said Board. WITNESS my hand and official seal in the County and Sate last afo~said this __ cay of. . lg_. Approved es to form and.legal sufficter~.'y: Noary Public My Commission Expires: APPROVE A WORK ORDER UNDER THE C_U_.~ ~,A~,.,A~,~ee FOR PROFESSIONAL EHGINEERING COflSUL.1*~Ii PREPARA'noN OF THE UPDATE OF THE NON-AD VALORI~ ASSESSMEN"I ROLL IN THE PINE RIDGE INDUSTRIAL P_ .AI~_. SERVICE TAXING AND BENEFIT uNrr FOP, "lAX YEAR, APPROVE APPROPRIATE BUDGET AMF. ND~EN"I~. non-ad valorem al,~elsrne~ roll in t~e Pine Service Taxi~ a~ ~ Un~ ~ ~x ~.r 1~1~7 b~ge~ a~nd~. ~ON~IDE~TION~: ~ Ju~ 27, 1~3, ~ ~ adopt~ ~e final non~ vs~ ~ drainage impmve~ in ~ P~e ~e I~~1 Taxing and Ben~ Un[ ~ d~ ~ ~ needs to ~ u~at~ ea~ ~ y~r ~ ~ ~, o~e~hip and ~~es ~ ~~ ~ ~ Proper u~a~ng a~ ~ ~ ~ ~ Proof u~ating a~ ~~n ~ ~ ma ~ ~1 valorem assessors on ~ ax bills ~ ~ T~ ~~. non-ad valorem as~ss~ ~1 ~ ~ ad ~~ ~ ~ ~ jeopardize pla~ment ~ sa~ on t~ ~x bill. S~ billings w~h add~ional ~ and ~t im~ ~i~tes on propeA~s for non-paint. The s~pe of se~i~s to ~ provid~ in ~ ~a~ · ~ ~BP-~97~ a~a~ed hereto. It is ~ns~e~ proper equipment (so.are) at this ti~ to p~Me such criti~l time ~a~ n~ssa~ to a~mplish ~. Ina~u~ BaAon and P~k, Inc. has su~ss~l~ ~~ ~e~l assessment distd~s as ~11 as ~is one. E ~ ~i~ authodz~ to provide thee se~i~s under ~ ~~ in ~97~. ~_tSCAL IMPACT; Cost: Fund: $7,000.00 from reserves to Account No. 232-013010-634999 (Debt Service Fund for Pine Ridge Industrial Park) GROW'TH MANAGEMENT IMPACT; None RECOMMENDATION: That the Board of County Commissioners approve Work Order WMBP-FT97-6 for professional engineering consultant ~mrvices necessary for preparation of the update of the non ad-valorem assessment roll in the Pine Ridge Industrial Park Municipal Service Taxing and Benefit Unit for tax year 1996 -1997 and rove all necessary budget amendments. · Te~re"sa A. Riesen, Revenue Manager D Revenue Services Department Rl~.v~nue Services Department REVIEWED BY~ ~m MitcheJl,-Dimctor Finance Department APPROVED BY: Leo Ochs, Jr., Divisi~/( Administrator Support Service.~ision DATE WORK ORDER tlWMBP~g74 Agreement for Profeseion. I Engineering ~rvice~ Dated 9/26195 (RFP 9B-2422) This Work Order is for professional engineering services for Work known Pine Ridge Industrial Park This work Is specked tn the proposal dated February 11, 1997 from Wiison, Miller, Barton and Peek, Inc. which is attached hereto end made e part of thi~ Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~'WlVIBP-FT97-6 ia assigned to Wilson, Miller, Barton end Peek, Inc. The assignee will update the database which comprises the assessment rolls previously prepared by Collier County to Ihow splits, deletions and changee of ownerehip end will prepare certificates of correction for affected parcels. The lsltgnee will continue to update the database and provide certificates for the County until the roll is certified by the Board of County Commissioners to the Collier County Tax Collector es of September 15, 1997 and until the Property Appraiser certifies the general tax roll to the Tax Collector on or about October 10, 1997. Schedule of Work: Complete within 200 days. ComDensatign; In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE (LUMP SUM) $7.000.00 Any change made subsequent to final department approval will be considered an additional service and cb. ar'ged according tq.~chedule "A" of the Agreement_. Joh~,. Yonkosk~ect~r~,~~'~ Date/ ' Reve/'~e Services Departrfient ACCEPTED BY: Wilson, Miller I~rt0n and Peek.,bl¢. .,, Fermin A. Diaz, P.E. /' ~ Senior Vice President .............. ,, [[[nm In[ [ Ill ........... I PLA~N~.P, Sv £NVIRON~ENT^L CONSULTANTS, ~NOIN[£R$, . SURVEYORS, LANI~CAPE ARCHITECTS, CONSTRUCTION ~V[ANAOERS F~ 11, 1997 Collier CountT' ~ of Revenue 28O2 Hmleahoe Drive Naples, Florid~ 33942 SUBJECT: Pim Kidae Induatr~ Park Municipal Service T~in8 zrgl Benefit Unit (MST BLT) Non-Ad Valorem Aue~ent l~lh W'd~on, Miller, Barton & Peek, Inc. propo~e.~ to provide profeuional ~ re'vices in connection with the referenced project. The purpose of this project is to m/at Collier Com~ in the preparation of the update of the mesm~t rolh for improvemenu in the Pine Ridge Indumial Park MST BU for the tax year 199~-1997. W'dson Miller's undemanding of the Scope ofService~ i~ H foilow~: 1. W'dson ~dler wR1 update the dmbue montl~ which ~~ ~ ~ mils pr~sly p~ ~ C~ to ~ ~Ou ~ dd~ of ~p. D~ ~ ~w, for ~ P~L ~ foBo ~ ~ ~ ~d ~t ~t. 2. ~ ~p~d ~t ~ for ~ ~ ~ dd~ ~ ~ b~ ~ ~fion u~ ~~ to ~ ~ f~ ~~ of~ ~e f~ ~ m ~ m~ f~ ~~on ~ ~ ~ of ~ ~~ to ~ ~ ~ T~ ~ff~ u of S~~ 15, 1 ~7. 3. Wdwn ~= ~ ~n~ue to u~e ~ ~ to ~ ~ ~ dd~o~ ~ ~ Pro~ ~p~ ~= ~ g~ ~ mgm ~ T~ ~ot on or ~ ~ 10, 1~7, W'dson l~ller daft be paid · lump sum fee of S7,000.00 and wRi bill t~e County on a monody basis for work completed during the billing period. WILSON. MZLLER, BARTON ~. PEEK, INC. ~/ll'~r~" W"~le%' Lan,:, Suite 2~. NarleL norid., 34105.8507 · Ph 941~9~ Fx 941~3- ~X,'ILSON -~-MILLER WILSON, M~_~.~'~,, BARTON & FEEK, INC. Pre~d~t RECOMMENDATION FOR APPROVAL OF A WORK ORDER UNDER THE CURRENT ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES FOR PREPARATION OF THE UPDATE OF THE NON-AD VALOREM ASSESSMENT ROLL IN THE NAPLES PRODUCTION PARK MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR TAX YEAR 1996-1997 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS ~ To obtain approval of Work Order WMBP-FT97-5 for professional engineering consultant services necessary for preparation of the update of the non-ad valorem assessment roll in the Naples Production Park Municipal Service Taxing and Benefit Unit for tax year 1996-1997 and approve all necessary budget amendments. CONSIDERATIONS; On August 3, 1993, the Board of County Commissioners adopted the final non-ad valorem assessment roll for water, sewer, road and drainage improvements in the Naples Production Park Municipal Service Taxing and Benefit Unit. The data base which comprises the assessment roll needs to be updated each tax year to show splits, deletions and changes of owrtership and certificates of correction need to be prepared for affected parcels. Proper updating and certification of correction need to be prepared for affected parcels. Proper updating and certification of this roll is critical to placement of the non-ad valorem assessments on the tax bills by the Tax Collector. Failure to merge the non-ad valorem assessment roll with the ad valorem tax roll by a date certain will jeopardize placement of same on the tax bill. Such would then require separate billings with additional costs and most important, would eliminate sale of tax certificates on properties for non-payment. The scope of services to be provided in this regard is set forth in Work Order VVMBP-FT97-5 attached hereto. It is considered that the staff does not have the proper equipment (software) at this time to provide such services within the critical time frame necessary to accomplish same. Inasmuch as Wilson, Miller, Barton and Peek, Inc. has successfully performed identical services for other assessment districts as well as this one. It is being recommended that they be authorized to provide these services under the provisions in Work Order WMBP- FT97-5. EISCAI~ IMPACT: Cost: Fund: $7,000.00 from reserves to Account No. 232-013010-634999 (Debt Service Fund for Naples Production Park) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order WMBP-FT97-5 for professional engineering consultant services necessary for preparation of the update of the non ad-valorem assessment mil in the Naples Production Park Municipal Service Taxing and Benefit Unit for tax and all necessary budget amendments. year 1996 -1997 to a PREPARED BY;~re. sa.A. Rie.n, Revenue~-anager DA~J~'''~ ~./4'7 Revenue Services Department John A~Yonkosky, Di.r..~'tor ~ Revenu~ Services O~partrne-nt DATE REVIEWED BY:, _/"~.,~,~ J~ Mitchell, Director Finance Department Leo O~:hs, ,Jr., Divisidn Administrator Support Services Division / WORK ORDER ffWMBP~97-5 Agreement for Professional Engineering Services D~t~d 9/26/95 (RFP 9~.2422) This Work Order is for Professional Engineering services fm Work known as: Project: Naples Production Park The work is specified in the proposal dated February 11, 1997 from Wilson, Miller, Barton and Peek, Inc. which is attached hereto and made ,, part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~'WIVIBP-FT97.5 is assigned to Wilson Miller, Barton and Peek, Inc. Scope of Wo~; The assignee will update the database which comprises the assessment rolls previously prepared by Collier County to show splits, deletions and changes of ownership and wffi prepare certificates of correction for effected parcels. The assignee will continue to update the database and provide certificates for the County until the role is certified by the Board of County Commissioners Io the Collier Count~ Tax Coileclor as of September 15, 1997 and until the Property Appraiser certifies ~ general tax roll to the Tax Collector on or about October 10, 1997. Schedule of Wgrk: Complete within 200 days. Comoensatigrl; In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE (LUMP SUM) $7.000.00 Any change made subsequent to final department approval will be considered an additional service and charged acc~_rdirjg~to Schedule "A" of the agreement. J~l~ A. Yonkos~/,~ Dir~.c[~~ Dat~ / ' R~vbnue Ser~¢~'~ De~rtment ACCEPTED BY: Wilson, Miller, Barton and Peek, Inc. ~of F~~~. By: F~ Senior Vice President Date PLANNERS. ENVIRONMENTAL CONSIJLTANTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHIT~C'rs, CONSTRUCTION ~[ANAOERS Ms. T~x~ A. Ri~n 2802 Horu~ho~ Driv~ N~ple~ Florki~ 33942 SUBIECT: Naples Prcxfuction P~k Municipal Service Taxing ~! B~n~t Unit (MST BU) Non-Ad Vaiomn ~ Rolh W'dsork lvfiller, B&rton & Peek, Inc. proposes to provide prof_-'s_~onal ensineefing servL,':es__ in connection with the referenced project. The purpo~ of this project i~ to mi~t Collier County in tl~ prep~r~ion of tbe upd~ of the ~ment roils for improveme~ in the N~ples Production P~k MST BU for tl~ tax y~r 1996- 1997. W'tlson ]W_fller's understanding of the Scope of Servic~ h as follows: 1. Wilson ]W. fller will ulxlate the d~'abase monthly which comprises the assessment roih previously prep&red by County to show splits and deletions of ownership. Database will show, for each p&rce~, the folio number and the unpaid assessment amount. 2. The unpaid a.~.um'ent amount for the splits and deletions will be based on information furnished by the County of*Il payments maute by parcel owns. W'd~)n M'aller will r~tum the updated dau~a~ to the County for caJculafion ofpaymem schedule for posting to the roll for certific~on by the Bo&rd of County Commissioners to the CoUier County Tax Collector as of September 15, 1997. 3. Wi/son Miller ~ continue to update the database to reflect splits and deletions tmtil the Property Appraiser certifies the genera~ tax roll to the Tax Collector on or about October 10, 1997. Wilson I~tller sksll be paid · lump sum fee of $7,000.00 and will bill the County on a montldy basis for work completed during the billing pe~od. 02/11,97. W401~00~.KJD WILSON, MILLER, BARTON ~. PEE~, INC. ,%','t'/-'~ F', ,~-t ~ l:'..',, .~,'~.,', '.~ I}~',~.L'nr..~ - -- -~.~-MILLER \X/I LSON ~ WILSON, MILLER, BARTON & PEEK, INC. Thom~ R. Peek, P.E., P.S.M. Pre.~ident Q2/11 ~/. W.~OI JQQC~.JCJD RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONER8 APPROVE A WORK ORDER UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICE8 FOR UPDATING THE FIVE DISTRICTS WITHIN THE EAST AND SOUTH NAPLES ASSESSMENT ROLLS AND TO APPROVE ALL APPROPRIATE BUDGET AMENDMENT8 ~ That the Board of County Commissionem, Ex.Officio the Governing Board of the Collier County Water-Sewer Diatdct of Collier County, Florida, approve Work Order WMBP-FT97-4 for professional engineering services to update the five districts within the East and South Naples assessment rolls end to approve all appropriate budget amendments. CONSIDERATIONS: 1. Originally the assessment rolls were prepared by Wilson, Miller, Barton and Peek, Inc. It would be prudent to retain their experience in updating the assessment mils to show splits and deletions of ownership in order to maintain uniformity and accuracy for merging said rolls. 2. Calculation of payment schedule for posting to the rolls for certification will be updated through the database by the County in order for the rolls to be certified by the County Attorney's office. 3. Proposed engineering fees for this service are $10,000. FISCAl, IMPACT; $10,000 from reserves for engineering services in the East and South Service to Fund 410-210105-634999 for FY 1996/97 budget. Sez'~ce GROWTH MANAGEMENT IMPACT: None RI~COMMENOATION; That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, approve Work Order WMBP-FT97-4 in a lump sum amount of $10,000 for engineering services to update the fiv..eXdistricts within the East and South Naples assessment rolls and to approve all app~date budget amendments. Teres- a A. Riesen, Revenue Manager Date Revenue Services Department Joh'h '. . Yonkosky, D~ ctor'-~ Reve.~' e Services' DD;'~'~p Crt ment APRPOVED BY: ~r~ (~,g-'~/'~ Leo Ochs, Jr., Divisior~ Administrator Support Services / Date WORK ORDER ~/MBP..FT97.4 Agreement for Professional Engineerlng Services Dated 9126195 (RFP 95-2422) This Work Order is for Professional Engineering services for Work known as: Project: East/South Naples Assessment Rolls The work is specified in the proposal date(J February 11, 1997 from Wilson, Miller, Barton and Peek, Inc. which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~ANMBP-FT97-4 is assigned to Wilson Miller, Barton and Peek, Inc. $CODe Of Work; The assignee will update the database which comprises the assessment rolls previously prepared by Collier County to show splits, deletions and changes of ownership and will prepare certificates of correction for affected parcels. The assignee will continue to update the database and provide certificates for the County until the role is certified by the Board of County Commissioners to the Collier County Tax Collector as of September 15, 1997 and until the Property Appraiser certifies the general tax roll to the Tax Collector on or about October 10, 1997, _Schedule of Work: Complete within 200 days. additional service and charged according.to. Schedule J~A. Yonko~kY,_~r~~ Re'~n ue ServiceS"D~partment In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TOTAL FEE (LUMP SUM)~ Any change made subsequent to final department approval will be considered an "A" of the agreement. D~te / ACCEPTED BY: Wilson, Miller, Barton & Pa, ~k, Inc. /~~.rn~_,of~ - Date ~Diaz, P.E.. ,'"' 4~ ~ Senior Vice President ~LANN~R$. £N¥~RON~£NT^L C~ONSUL?ANT$, SURVEYORS, LAND~C?.?~ ,A. RCHITECTS, C'ON$ .-RUCTZON' ~V~ANAO£R.$ 2~02 Horledme Drive F, ut a~ South Ccxn~ Sew~ Distzim 1, 2, 3, 4 m~cl 5 Non-Ad Valorem Assessment Rolls W'dwn, A4~lie~, Buton & Peek, Inc. propo~ to provide profes~omJ ensineerin~ service~ in connection with the referenced project. · The purpose of this project is to auist Collier County in the preparation of the update of the tueument rolls for sewer im~ in the/iv, districts of the East and South County Sewer Project for the tax year 1996..1997. V~rdson M?~Her'~ understand~ ofthe Scope of Sen/ces is u follows: 1. W'dwn A~Uer will update the da~bue mont~ which wmp~ pr~ pr~u~ ~ ~ to ~ow ~ow, for ~ ~ ~ folio ~ 2. ~e ~p~d ~t ~m for ~e ~~ ~ ~ ~n~ of ~ pa~U ~e u~ ~ to ~ C~ for ~on ofpa~ ~ule f~ ~ to ~ mH for ~~on ~ ~ B~d of ~n~ Co~s~o~ to ~ Co~ C~ T~ ~~ ~ of S~t~ 15, 1~7. 3. ~d~n ~ ~ ~n~e to u~te ~e Pro~ ~p~ ~ ~ Sm~ ~ mH m ~ T~ Coll~ ~ ~ ~ ~ 10, 1~7. W'dson ]~ler shtll be i~id · lump ~atn fee of $I0,000.00 and will b~ the Com~ on a monthly b~sis for work completed duri~ the billi~ period. The profexsionai services that W'dson l~fdler will provide under this Agreement include, and are O0/II,'~.W4OI~OOO.JXJD ~(/ILS,.",N, ~IILLER, BARTON & PEEK, INC. ~ ~'au ~ ~ ~ ~ 32~~ ~1~'I' Lane. State 2~. N.~rles. Florida 34105-5507 · ~ 04 I-~O-~O Fx ~1~3-5711 ~'~'F S.~-: ~.~ll~mm,ll~,f.c~ E-m..l: ~',,~, Y,~ ~ t~,.'~ ~.n,,,.,~., WILSON -~,- ~.~.~, MILLER IRrlLSON, ~ BARTON & PEEK, INC. Thom~ IL Peek, P.E., P.$.M. Pl'etideat SUMMARY REPORT TO THE BOARD REGARDING EMER~ REPAIRS TO THE TAX COLLECTOR'S BLIILDING AND APPROVAL OF A BUDGET AMENDMEKr TR.ANSFEKKING FUNDS FOR CAMPUS AND BUH,DING IMPROVEMENTS. OR/EC'ITv~: To provide the Board with infommion on · recent emerseocy repah' to the cJ'a'lled w~ter e/stem that runs under the Tax Collector's Building and to reque~ ~ for a number of CONSIDERATIONS: CHILLED WATER !.mAK TAX COLLECTOR'S BUn.mING On April 14, 1997 a leak was detected in the chilled water ~]stem located under the Tax Collector'~ Building. The water system had ~o be drained and new piping had to be ttmalled, which wu ~uccessfully completed. Because of the nature ofthi~ ~]stem (provides chilled w~ter to ~ Campus ~ conditioning system), tl~ unamicipated repair wu fixed immediately. Cost: $800.00 DEHUMIDIFICATION EOUIPMEN~. The humidity level in the OCPM Building continues to be at an unacceptable level 75% -80%. Under these condifiona, molds and mildew~ develop, contributing to health problems. AdcLitionally, printerl and copiera ~on. The Department has logged a number of Indoor Quality Complaints relatin8 to thi~ building, all atm~ar, gd to the high levels of humidity. Staff is recommending the installation of dehumidification equipmem in the OCPM Building consistent with the type used in the Administration Building. Cost: $11,100. BUILDING SECURITY: Over the past six months, the Coumy has had repeated ~ problems in the Administration Building (thefts and vandalism). Currently raft has security came-as on the first floor elevator lobby and the third floor Boardroom area. Staff is recomnmxiin8 adding one additional camera to the "Canopy" entrance on the first floor and one in the fifth floor lobby. This would allow the Security Officers to monitor all occupants coming imo the Administration Building and those in the area of the fifth floor. (Clerk's Data Processing and Information Teclmology Departments). System includes cameras, monitors and wiring. Cost: $ 6,254. MAIN COMPLEX SIGNAGE: The Board, along with other County agencies receive numerous complaints regarding locating County buildings. A proposed ~ignage program would add "lawn type' signs in front of the major buildings to assist the public in idemifyiag these rauclm'es. Additionally, the vehicle directional signs would be updated with additional buildings. Cost: $6,900. AOUATIC CENTER. The Immokalee Aquatic Center outdoor men's and women's restroom have become a potential hazard. The concrete which was poured as a part of a past renovation will not adhere to the existing surface. The concrete has completely broken up and is a potential tripping b:~,~rd for the ~,,cupants. The old surface needs to be completely removed with new concrete poured in its place. Cost: $3,366. Elec~ Smnmar~ Two ~ IMI'ACT: The total co~ for ~ impr~emem i~ S28,420. A bud~ ammtmem, ~yaz~ ftmds Dom 301 ~ to Fund 301- 120435-80525 i~ attn..bed. GROWTH MANAG~:None. PREPARED BY: ~ DATE: s~ C.~m~, c~'xt Oireetor Depsrtmem of Facilities Mana&~ APPROVED BY: Leo E. Ocbs, Jr., ~or Division of Supp~,/~Services gK~CLITIV~ SUMMARY REQ~ FOR BOARD TO ADOPT ~ ACCOMPANYING I~UR RESOL~ONS GRANTING CERTIFICATE~ TO FLOB~A WATER SERVICY~ CORPORATION FOR TRE PROVISION OF WATER AND WASTEWATER SERVICE TO ITS MARCO I~LAND AND MARCO 811ORES SERVICE AREAS, CONSISTENT WITH TIIE CERTIFICATF.~ PREVIOUSLY GRANTED BY TUF. FLORIDA PUBLIC SERVICE CO~ON. OBJECTIVE: To grant fora' Certificate~ to Florida W~ Service~ Cogpomion (formerly Southern Sta~cs ~es, Inc.) to amhorize the continued prov~ou of CONSIDERATIONS: With the ~loption of Ordinance No. 96-6 on Febnm'y 27, 1996, Collier Cotmty r-~'umed regulato~ jurisdiction of privately owned w~ter mad w~ewater ~/ncms operating in the unincori~or~ ~ of the County. The ordimm~ requir~ utilitiea to submit at~lic, atiom for C_namtfather Cea'tificat~ con~nt with the ~rvice areas previously certificated by the Florida Public Service Conunil~ion. Florida Water services Corporation aubrnitted docem~on mfficient to serve a~ its application and is curren~ in the filing of mmual reporta and the payment of regulatory fees. On February 24, 1997, ~taff ~ Florida Water Service~ ~on's documentation for Grandfath~ Certificat~ to the Collier County Water and Waste~ater Authority. After considering the application and the ret, oral, the Authority i~'ued it~ Preliminary Order No. 97-1, recommending that the Board grant Certificete~ for water and wastcwatcr service to Florida Water Scrvic~s Corporation. Through coordination and agreement b,mveen ~ and Florida Water Service~ Corporation, the~e certifi~t~ corr~ minor m~_ztake~ in the mete~ and bounds legal descriptions di~c~overed in the Florida Public Service Commi~ion oea'fificate~ HSCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HAY20 F'g. / a. Resolution No. 97- for W~-~r. b. Re~oluticm No. 97- for Wastewater. Resolution No. 97-... for Water. d. Resolutic~ No. 97- , Ceflific,~e No. 08S, M~rco Sbor~ Service Tm'itory APPROVED BY: DATE: ,A. Ca,DA ITF, M .~ HAY 2 0 Eg? 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. 97-, A RESOLUTION OF COLLIER COUNTY, FLORIDA, IR/RSUANT TO SECTION 1.4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING FLORIDA WATER SERVICES CORPORATION A GRANDFA~ CERTIFICATE FOR THE I:'ROVISION OF WATER SERVICE TO IT~ MARCO' ISLAND SERVICE AREA CONSISTENT WITH THE CERTIFICATE PREVIOUSLY ISSUED BY THE FLORIDA PUBLIC SERVICE COMMLqSION. WHEREAS, Resolution No. 96-104 excluded Collier Coumy fi'om the provisions of Chapter 3{57, Florida Starates, thereby assum~g certa/n subject matter jurisdiction over non. exempt water and wastewater utilities operating in urdmorpoi=~;_~ ar~as of Collier County; and WHEREAS, Ordinance No. 96-6 es~blished the Collier County Water and Wastewa~er Authority (AUTHORITY) and specific powers and duties; and utilities operating in tmincorpomted areas of Collier County mu.~ apply for Grandf~er Certificates from Collier County;, and WHEREAS, Florida Water Services Corporation (lYfILfTY) has subnfitted documentation suffic/em to serve as its application for a Grandfather Certificate for the provision ofwater service to its Marco Island ~-rvice area; and WHEREAS, on February 24, 1997, the AUTHORITY cons/dered UTH. ITY'S documentation and issued its Preliminary Order No. 97-1 recommending tim the Board of County Commiss/oners of Collier County (BOARD) gram UTILITY ~ Certificate to provide water ~n'vice to the Marco Island serv/ce area, more pm't/cularly desan'bed in Atlachtnent "B"; and WHEREAS, pursuant to Ordinance No. 966, only the BOARD may issue a Franchise Certificate to any utility operating in the tmin~ed m'ea ofthe County. NOW, THEREFORE, BE IT RESOLVED by the Boa~-d of County Commissioners of Collier County, Florida, that: Pursuant to Section 1-4 (E), Ordinance 96-6, Certificate No. 03W is hereby issued to UTILITY for the provision of water service to the Marco Island service area described in "Attachment B". AGE'FDA HAY 2 0 44 46 47 45 49 5O 51 52 53 54 55 5~ 57 5~ ~0 ~2 67 7O 71 72 73 74 2. A duplicate original of Certificate No. 03W is attached hereto as 'Attaclnnent 3. Certificate No. 03W sh~ll remain in force and effect until suspended, canceled or r=voked by R~oh~on ofthe BOARD. This Resolution adopted this and majority vote favoring same. day of ... ,1997 after motion, second ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMi~IO~ COLLIER COUNTY, FLORIDA by: Deputy Clerk by:, Timothy L. Hancocic, Chah'm~ Approved as to form and legal sufficiency: Assistant County Attorney HAY 2 0 t 97 Pg. Attachment "A' (Duplicate Certificate 03W) ~,. .~~ HAY 2 0 1~97 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER mw Upon consider~tioa of the record, it b hereby P,~.,SOLVED that authori~ be mid is hereby granted to FLORIDA WATER SERVICES CORPORATION (MARCO ISLAND) Whose principal addres~ b I000 COLOR PLACE APOPKA, FLORIDA 32703 to provide WATER service h~ accordance with the provisiom of Cotlier County Ordinance No, 966, Supplemental Rulm of the Board, Supplemental Rulm of the Comer County Water and Wastewater Authority and Remlutions ofthls Commission in the territory described by the Rmoluflon of this Commladon. This Certfficate shall remain In force and effect until suspended, cancelled or revok_~_ by Resolution of this Commission. RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED DATED BY RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER ozw Upon consideration of the record, it b hereby RESOLVED that authority be and is hereby granted to FLORIDA WATER SERVICES CORPORATION (MARCO ISLAND) Whose principal addrm ia 1000 COLOR PLACE APOPKA, FLORIDA 32703 to provide WATER ~efvice in accordance with the provtMo-, of Collier County Ordinance No. 96-6, Supplemeutal Rmles ofthe ~ Supplemental Rules of the Comer County Water and Wastewater Authority tad Resolutions of this Commission in the territory described by the Resolutiom ofthis Commiaaion. This Certtflcate shall remain in force and effect until suspended, cancelled or revoked by Resolution of this Commission. RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED DATED BY RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS A'VFEST: Dwight E. Brock, Clerk DUPLICATE HAY 2 0 IS97 Attachment "B' (Marco Island Water Service Territory) ~GENp.~ ~ HAY~ Florida Water Services Corporation Marco Island Water Service Territory Description AREA 1. MAIN PART OF MARCO ISLAND That pax~ of Sections 4,5,6,7,8,9,10,15,16,17,18,19,20 and 21 of Township 52 South, Range 26 East, Collier County Florida, lying North of Caxambas Pass, and East of thc waters of the Gulf of Mexico, and; ~outheasterly of Big Marco Pass and Southerly of the Marco River, and; Southwesterly of John Stevens Creek, and Westerly of the following described line: Commence at the Northeast comer of said Section 15, Township 52 South, Range 26 East Collier County, Florida; thence run 8° 35'47"W along the North line of said Section 15, a distance of 1350.03 feet; thence N37°21'22"W a distance of 113.36 feet to the Point of Beginning; thence S56°53'29"W a distance of 161.70 feet; thence S39°00'00"W, a distance of 5600 feet, more or less to an intersection with the West boundary line of said Section 15 and the Point of Termination. AREA 2. JOHN STEVENS CREEK DEVELOPMENT AREA That certain parcel of land, lying in and being part of MARCO BEACH UNIT SEVENTEEN, according to the plat thereof, as recorded in Plat Book 6, Pages 119 through 124, inclusive of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the centerline intersection of Portland Court and State Road No. 92 (realigned) as shown on the plat of A REPLAT OF MARCO BEACH UNIT FIFTEEN, according to the plat thereof, as recorded in Plat Book 8, Page 45 of the Public Records of Collier County, Florida; thence run S55°01'14"E along said centerline of State Road No. 92 a distance of 108.16 feet; thence N34°58'46"E a distance of 50.00 feet to the Northerly Right of Way Line of said State Road No. 92, and the point of curvature of a circular curve concave to the Northeast having a radius of 2531.16 feet; thence run Southeasterly along the arc of said curve through a central angle of 06°45'19" an arc distance of 298.43 feet to the POINT OF BEGINNING of the hereinafter described parcel of land: thence, leaving said Northerly Right of Way Line of State Road No. 92 nm N59°44'09"E a distance of 54.86 feet; thence N44°06'43"E a distance of 45.87 feet; thence N74°48'27"E a distance of 43.38 feet; thence S58°54'51"E a distance of 47.87 feet; thence S13°59'52"E a distance of 66.44 feet; thence S60°13'45"E a distance thence N35°48'I6"E a distance of 64.28 feet; thence NTl°47'06"E a di feet; thence N68°37'29"E a distance of 75.44 feet; thence N60°41'19'~ a HAY 2 0 Pg Page 2 of 11 Florida Water Services Corporation Marco Island Water Service Territory 69.62 feet; thence NS'F'12'56"E a distance of ?3.53 feet; thence N76°41'4'F'E a distance of 60.61 feet; thence N49"01'I0"E a distance of 65.89 feet; thence N?5°02'02"E a distance of 88.90 feet; thence N75"28' 1 $'E a distance of 86.70 feel; thence N69*4?'24"E a distance of 101.03 feet; thence S88"01'49"E a distance of $0.53 feet; thence N58°58'41"E a distance of 94.55 feet; thence N$8"'12'52"E a distance of 71.82 feet; thence N59"34'57"E a distance of 67.65 feet; thence NTl*59'3?"E a distance of 65.6? feet; thence N88*26'19"E a distance of 66.65 feet; thence S70'59'30"E a distance of 55.51 feet; thence N82*52'02"E a distance of 143.84 feet; thence N69*20'30"E a distance of 36.35 feet; thence NS0*I0'21"E a disumce of 48.98 feet; thence $74~12'2'7"E a distance of 36.96 feet; thence N84*08'44"E a distance of 151.85 feet; thence S59'17'31"E a dis~m~e of 71.86 feet; thence N72*30'05"E a distance of ~10.60 feet; thence N69~38'01"E a distance of 88.62 feet; thence NT0*26'40"E a distance of 5?.63 feet; thence NS0°53'I9"E a distance of 41.86 feet; thence N8'7*56'4?"E a distance of 91.65 feet; thence S85°41'43"E a distance of 71.74 feel; thence S81°33'21"E a distance of 65.64 fee, i; thence S59'43'38"E a distance of 43.53 feet; thence S41"21 '09"E a distance of 136.92 feet; thence S20'43'28"E a distance of 40.17 feet; thence S09'18'33"W a distance of 43.05 feet; thence S52'27'~4"W a distance of 49.02 feel; thence S59"33'3T'W a distance of 73.5? feet; thence S?0"25'58"W a distance of 51.26 feet; thence N89"32'56"W a distance of 58.18 feel; thence N?6°4?'00"W a distance of 77.81 feet; thence N?8°00'39"W a distance of 84.29 feet; thence N53*23'45"W a distance of 60.50 feet; thence N84°36'5T"W a distance of 46.40 feet; thence S82°30'15"W a distance of 41.13 feet; thence S53°11'18"W a distance of 59.03 feet; thence S32°02'02"W a distance of 53.22 feet; thence S21°05'15"W a distance of 42.4? feet; thence S70056'25'W a distance of 40.09 feet; thence N50°25'41"W a distance of 65.56 feet; thence N3?°34'16"W a distance of 84.97 feet; thence N45°21'49"W a distance of 75.?3 feet; thence N52°09'32"W a distance of 6?.28 feet; thence N?0°I 8'52"W a distance of 45.02 feel; thence S79°36'03'Wv' a distance of 53.04 feet; thence SSI°40'0T'W a distance of 65.45 feet; thence S58°10'19'W a distance of 64.49 feet; thence S40°56'59"W a distance of 62.29 feet; thence S35°05'33"W a distance of 48.8? feet; thence S00"30'55"W a distance of 45.95 feet; thence S16°00'59"E a distance of ?9.29 feet; thence S04°52'21"W a distance of 38.17 feet; thence S24°46'24"W a distance of 64.22 feet; thence S49°41'18'W a distance of 57.4? feet; thence S75'35'33"W a distance of 70.53 feet; thence S50°55'07"W a distance of 66.39 feet; thence S75°10'04"W a distance of 100.24 feet; thence N78041 '48"W a distance of 81.44 feel; thence N85°33'25"W a distance of 54.84 feet; thence S82°37'40"W a distance of 51.02 feet; thence S40'39'40"W a distance of 61.75 feet; thence S52°27'26"W a distance of 54.93 feet; thence S44°34'06"W a distance of 49.94 feet to a point of intersection with the aforesaid Northerly Right-of-Way Line of Stale Road No.92, said point of intersection being on the arc of the aforesaid circular curve concave to the Northeast having a radius of 2531.16 feet and bearing radially S12°26'24"W a distance of 2531.16 feet from the center of the circle of said curve; thence Northwesterly, along the arc of said curve, through a c_entral angle of 15047'03'' an arc distance of 697.30 feet to the Point of Beginning. AGE~,iDA~ITi.bt\ Containing 14.54 acres, more or less. MAY 2 0 1597 /O Page 3 of 11 Florida Water Services Corporation Marco Island Water Service Territory AREA 3. HORR'S ISLAND (KEY MARCO) DEVELOPMENT AREA A parcel of land lying in SECTIONS 14, 18, 21, 22, 23, 27, and 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST, Collier Cou=ty, Florida, being more particularly described-. as follows: Commence at the Northwest corner of said Section 23, thence run S89°$1 '55"E along the North Section Line thereof a distance of 9.61 feet to the POINT OF BEGINNING of the parcel of land hereinafter described: thence, leaving said North Section Line run Sl'F23'IT"E a distance of 111.69 feet; thence S02"28'52"E a distance of 91.50 feet; thence S27°39'05"W a di~ce of 107.39 feet to an interseaion with the East Line ofthe aforementioned Section 22 and lyinE S00°33'$4"W a distance of 293.16 feet from the Northeast comer thereof; thence continue S27°39'05"W a distance of 30.91 feet; thence S39°33'08"W a distance of 59.21 feet; thence S68°43'41"W a distance of 32.82 feet; thence S74°24'41"W a distance of 52.30 feet; thence S82°52'42'W a distance of 41.3l feet; thence NS$o29'12"W a distance of 82.32 feet; thence N58°20'02"W a distance of 63.05 feet; thence Nl 8°23'53"W a distance of 41.52 feet; thence N10°l 1 '21"W a distance of 34.08 feet; thence N10~3'42"E a distance of 54.19 feet; thence N04°l$'50"E a distance of 74.71 fe~; thence N10°37'52"E a distance of 115.01 feet; thence N12°16'05"W a distance of 3.97 feet to an intersection with South Line of the aforementioned Section 15 and lyinE N89°58'19"W a di~ance of 281.81 feet from the Southeast comer thereof; thence, continue N12°16'05"W a distance of 72.54 fee~; thence N08°41'lS"W a distance of 130.42 feet; thence N04°49'06"W a dis~nce of 121.86 feet; thence N11°36'24"W a distance of 34.39 feet; thence N0$°16'$4"W a distance of 62.14 feet; thence N00°37'05"W a d/stance of 104.20 feet; thence N02°04'34"E a dishance of 105.02 feet; thence N03°57'lg"E a d/stance of 125.51 feet; thence N09°00'I6"E a d/stance of 128.65 feet; thence N24°00'59"E a distance of 85.43 feet; thence N00°46'00"W a distance of 20.09 feet; thence N21°22'49"W a distance of 32.44 fee~; thence N66°43'$0"vV a distance of 20.74 feet; thence S87°29'19"W a distance of 112.71 feet; thence N84°,t4'34"W a distance of 49.99 feet; thence S78°I$'44"W a distance of $$.51 feet; thence S37°31 '20"W a distance of 48.16 feet; thence S18°01'23'W a distance of 76.22 feet; thence S07°10'34"W a distance of 70.18 feet; thence S00°43'46'E a distance of 41.56 feet; thence S17°13'14"W a distance of 118.13 feet; thence S18°33'52"W a distance of 76.68 feet; thence S03°51'45'W a distance of 56.64 feet; thence S08°01'32"E a distance of 85.43 feet; thence S13°50'16"E a distance of 75.98 feet; thence S23°14'46"E a distance of 61.68 feet; thence S15°47'41"E a distance of 120.36 feet; thence S01°54'48"E a distance of 109.40 feet; thence S00°25'29"E a distance of 78.62 feet; thence S 10°21 '2T'E a distance of 16.43 feet to an intersection with the North Line of aforesaid Section 22 and lying N89°58' 19"W a distance of 548.02 feet from the Northeast comer thereof; thence, continue S 10°21 '2T'E a distance of 96.03 feet; thence S17°19'01'E a distance of 82.66 feet; thence S24°37'06"E a distance of 86.64 feet; thence S29°03'2T'E a distance of 90.24 feet; thence S43°11'12"E ', Po._ /'/ Page 4 of 11 Florid~ W~er Service~ Corpox~on M~'co hl~md W~ter Service Ten/wry of 154.88 feet; thence S19"46'25'E a diV. ance of 117.89 feet; thence S02004'10"E a div, ance of 43.41 fee~; thence S06°13'37"E a distance of 108.79 feet; thence S12°.54'44"E a distance of 77.05 feet; thence S12°24'11"E a distance of 57.05 feet; themcc S20~53'29"E a distance of 47.18 feet; thence S34'44'18"E a dif, ance of 74.97 feet; thence S27°16'31"E a distance of 54.63 feet; thence S34'40'32"E a distan~ of 69.81 feet; thence S37041 '19"E a div. ance of 29.46 feet to an inter~cfion with the We~t Line of aforesaid Section 23 and lying S00°33'54"W a distance of 1191.89 feet from the Northwest comer thereof; thence, continue S37041'19"E a distance of 49.85 fcc',4 thence S28°02'53'E a distance of 49.54 feet; thence S03001'32"W a di~'tancc of 53.52 feet; thence S09~49'36"W a distance of 121.26 feet; thence SI0'I9'01W a distance of 104.21 feet; thence S15°30'40'%V a distance of 58.62 feet to an interaection with the aforesaid East Line of Section 22 and lying S00°33'54"W a distance of 1607.02 feet from the Northeast comer thereof; thence, continue S15°30'40"W a distance of 16.13 feet; thence S00°34'11"E a diwance of 44.39 feet; thence S15014'48"W a distance of 95.53 feet; thence S15°20'10W a distance of 96.22 feet; thence S12°25'59"W a distance of 92.81 feet; thence S16007'06"W a distance of 212.75 feet; thence S07°18'52"W a distance of 57.99 feet; thence S07°02'20"W a distance of 103.69 feet; thence S09"05'16"W a distance of 106.28 feet; thence S01°33'14"E a distance of 57.22 feet; thence S09°22'42"W a distance of 84.64 feet; thence S26°51'43"W a distance of 86.61 feet; thence S33°58'12"W a distance of 77.07 feet; thence S41°17'21"W a distance of 106.54 feet; thence S49°47'54'W a distance of 231.41 feet; thence S52019'25"3,V a difmnce of 165.63 feet; thence S46°18'30'NV a distance of 104.83 feet; thence S42°21'23"W a distance of 78.65 feet; thence S50°15'12"W a distance of 108.44 feet; thence S46°48'16"W a distance of 159.26 feet; thence S58°37'19"W a distance of 87.46 feet; thence S58°07'07"W a distance of 96.59 feet; thence S43°42'08"W a distance of 78.68 feet; thence S23°0~'49"W a distance of 112.88 feet; thence S50°35'58"W a distance of 52.35 feet; thence S75°38'53"W a distance of 54.49 feet; thence S87°56'25"W a distance of 88.51 feet; thence S74°07'13"W a distance of 35.18 feet; thence S57°09'20"W a distance of 72.89 feet; thence S42°26'33"W a distance of 35.23 feel; thence S59°21'14"W a distance of 105.08 feet; thence S57°56'42"W a distance of 100.92 feet; thence S53°09'53"W a distance of 84.55 feet; thence S39°20'53"W a distance of 82.39 feet; thence S36°31 '40"W a distance of 106.36 feet; thence S33°43'07"W a distance of 75.45 feet; thence S18°04'44"W a distance of 50.46 feet; thence S36°22'09"W a distance of 70.07 feet; thence S43°36'42"W a distance of 87.71 feet; thence S42°59'48"W a distance of 112.88 feet; thence S27°19'25"W a distance of 32.68 feet; thence S15°03'48"E a distance of 25.31 feet; thence S42°53'46"E a distance of 61.04 feet; thence South a distance of 38.69 feet; thence S33°09'12"W a distance of 46.51 feet; thence N87°51 '01"W a distance of 25.76 feet; thence N54°25'43"W a distance of 37.46 feel4 thence N67°13'12"W a distance of 30.91 feet; thence N77°02'29"W a distance of 41.95 feet; thence N63°21'37"vV a distance of 45.52 feet; thence N76°38'57"W a distance of 56.41 feet; thence S86°04'44"W a distance of 73.01 feet; thence S82°23'3T'W a di~mce of 83.02 feet; :hence S89°59'49"W a distance of 129.09 feet; thence S88002'45'%V a distance of 103.67 feet; thence S83°52'36"W a distance of 97.42 S83°33'22"W a distance of 103.43 feet; thence S83°32'12"W a distance Page 5 of 11 Florida Water Services Corporation Marco Island Water Service Territory thence S78°57'35"W a distance of 180.05 feet; thence S78~J2'38"W a distance of 139.74 fe. et; thence S66'38'19"W a distance of 112.20 feet; thence S61'27'46"W a distance of 153.51 feet; thence S76°48'32"W a distance of 140.57 feet; thence S74°48'ST'W a distance of 145.38 feet; thence S72'54'33"W a distance of 77.45 feet; thence S71°47'ST'W a distance of 154.38 feet; thence S88'43'20'W a distance of 47.97 feet; thence N86°00'38"W a distance of 166.84 feet; thence N82°52'43"W a distance of 172.93 feet; thence N89~42'48"W a distance of 24.60 feet; thence N80'57'23"W a distance of 94.44 feet; thence S31°03'09'W a distance of 37.84 feet; thence S06'14' 13"W a distance of 76.99 feet; thence S41'26'55"W a distance of 37.96 feet; thence S74°24'02"W a distance of 41.87 feet; thence N46°01'40"W a distance of 45.14 feet; thence N32°57'44"W a distance of 50.77 feet; thence N33°56'21"W a distance of 43.77 feet; thence N22°34'32"W a distance of 72.88 feet; thence N0Y'25'l 8"W a distance of 60.50 feet; thence N31°14'22"W a distance of 29.46 feet; thence N43°59'03"W a distance of 31.88 feet; thence N61*26'0T'W a distance of 93.58 feet; thence N62°58'36"W a distance of 53.54 feet; thence N51°I2'30"W a distance of 94.79 feet; thence N52°34'IS"W a distance of 116.76 feet; thence N55°39'31"W a distance of 103.18 feet; thence N54°I9'32"W a distance of 88.96 feet; thence S79~51 '40"W a distance of 6.14 feet to an intersection with the East Line of aforementioned Section 21 and lying N0(Y'01'33"E a distance of 788.50 feet from the Southeast comer thereof; thence, nm the following courses through said Section 21 to an intersection with the East Line of aforementioned Section 28, thence continue S79°51 '40"W a distance of 20.05 feet; thence S41°00'45"W a distance of 24.08 feet; thence S24°20'0T'W a distance of 234.57 feet; thence S29°47'02"W a distance of 55.70 feet; thence Sli'26'45"W a distance of 45.71 feet; thence S24°23'20"W a distance of 135.00 feet; thence S18°03'08'W a distance of 200.77 feet; thence S05~24'45"W a distance of 45.61 feet; thence S16°55'25"E a distance of 40.00 feet; thence S27°31'36'E a distance of 66.80 feet; thence SAI°04'3T'E a distance of 75.39 feet; thence S44°56'30"E a distance of 50.24 feet; thence S49"10'20"E a distance of 92.84 feet; thence S72°33'46"E a distance of 46.95 feet; thence S83°04'09"E a distance of 47.05 feet to the aforesaid intersection with the East Line of Section 28, said intersection being on the West Line of aforesaid Section 27 and lying S00°31'34'"W a distance of 169.66 feet fi'om the Northwest comer thereof; thence, continue S83°04'09"E a distance of 49.71 feet; thence S80°52'18"E a distance of 77.43 feet; thence S86°22'31"E a distance of 55.50 feet; thence N77"22'45"E a distance of 171.85 feet; thence N54°26'04"E a distance of 40.79 feet; thence N37°48'2T'E a distance of 53.96 feet; thence N40°28'55"E a distance of 65.07 feet; thence N54°29'38"E a distance of 45.54 feet; thence N63°26'39"E a distance of 33.50 feet; thence S89~26'52'E a distance of 63.20 feet; thence S87°32'27"E a distance of 160.69 feet; thence S89'26'43"E a distance of 148.61 feet; thence N89°21'41"E a distance of 116.70 feet; thence N87°57'00"E a distance of 120.07 feet; thence NSI°IT'51"E a distance of 69.32 feet; thence N86052'00"E a distance of 64.06 feet; thence S88016'42'E a distance of 139.80 feet; thence S86°29'36"E a distance of 140.79 feet; thence NT0°46'51"E a distance of 98.90 feet to an intersection with the South Line of aforesaid Section-7?. and Ivinit S88°49'09"W a distance of 3601.33 feet from the Southeast comer .her ,co,,if?. Itt~delTE,~iZV'~ coniinue NT0°46'51"E a distance of 128.86 feet; thence N68030'58'' a PlAY 2 Page 6 of I 1 Florkh W er Service, M 'co hlmd Wasa' Service Tmim-y 220.80 feet; thence N70'44'I3"E a distance of 116.90 feet; thence N79'59'I4"E a distance of 118.64 feet; thence NSI'20'30"E a distance of 119.13 feet; thence N85°43'29"E a di~ance of 226.61 feet; thence N84'00'35"E a distance of 157.68 feet; thence N84'O3'54"E a distance of 78.82 feet; thence N88'34'2~ a distance of 109.72 feet; thence N83'20'06"E a distance of 117.91 feet; thence NS0'44'I6"E a distance of 117.72 feet; thence N85'33'34"E a distance of 125.84 feel; thence N73'40'08"E a digance of 87.20 feet; thence N72'OS'08"E a distance of 76.20 feet; thence N45'54'lg"E a di~ance of 72.34 fee~; thence N22°53'49"E a distance of 14~.77 feet; thence N26'40'59"E a distance of 71.86 feet; thence N30'59'32"E a distance of 75.24 feet; thence N49'49'15"E a distance of 72.34 feet; thence N59'17'I I"E a distance of 62.93 feet; thence N56°46'55"E a distance of 114.39 feet; thence N59'40'58"E a distance of 125.22 feet; thence N61°OS'IT'E a distance of 181.39 feet; thence N61°49'21"E a distance of 85.73 feet; thence N49'I4'33"E a distance of 107.51 feet; thence N49"54'26"E a distance of 131.33 feet; thence N49"03'05"E a distance of 126.01 feet; thence N52°43'21"E a distance of 139.20 feet; thence N54°58'16"E a distance of 152.23 feet; thence N62°I2'02"E a distance of 74.49 feet; thence N69~49'45"E a distance of 160.97 feet; thence N63°03'44"E a distance of 157.55 feet; thence N56°13'53"E a distance of 137.48 feet; thence N46939'51"E a distance of 71.24 feet; thence N61°47'55"E a distance of 105.48 fee~; thence N65"35'O4"E a distance of 3.93 feet to an intersection with the aforesaid West Line of Section 23 and lying N00°33'54"E a distance of 1653.99 feet from the Southwest corn~ thereof; thence, continue N65°35'04"E a distance of 85.13 feet; thence N79°41 '34"E a distance of 73.43 feet; thence N89°27'31"E a distance of 79.98 feet; thence NSl°13'2T'E a distance of 120.28 feet; thence NS0°32'53"E a distance of 104.28 feet; thence NSI°29'30"E a distance of 123.46 feet; thence S87°45'25"E a distance of 73.42 feet; thence S54°45'20"E a distance of 41.53 feet; thence S55°15'14"E a distance of 66.66 feet; thence S64054'00"E a distance of 136.52 feet; thence S72036'50"E a distance of 42.44 feet; thence S86°39'ST'E a distance of 214.71 feet; thence N88°16'46"E a distance of 107.94 feet; thence N85°28'50"E a distance of 84.50 feet; thence N71°41'43"E a distance of 123.12 feet; thence N68°00'39"E a distance of 72.58 feet; thence N61°31'27"E a distance of 96.55 feet; thence N40°34'35"E a distance of 90.29 feet; thence N42°08'40"E a distance of 143.17 feet; thence S89°i3'49"E a distance of 107.89 feet; thence S89~02'01"E a distance of 212.27 feet; thence S51°31 '44"E a distance of 103.72 feet; thence S61°50'49"E a distance of 81.05 feet; thence S63°13'38"E a distance of 110.22 feet; thence S73°41'14"E a distance of 89.98 feet; thence S81°12'39"E a distance of 99.78 feet; thence N85°26'57"E a distance of 88.22 feet; thence N85°23'37"E a distance of 80.98 feet; thence N01°52'52"W a distance of 321.22 feet; thence S69°10'29'W a distance of 82.30 feet; thence S81°22'24"W a distance of 64.72 feet; thence N85°41'52"W a distance of 64.00 feet; thence N71°44'49"W a distance of 73.33 feet; thence N60°41'43"W a distance of 67.51 feet; thence N67°00'13"W a distance of 92.34 feet; thence NTl°12'21"W a distance of 56.83 feet; thence N88°47'14"W a distance of 66.07 feet; thence S86°19'25"W a distance of 43.64 feet; thence S78°18'11"W a dislance of 173.9 _f~etl thence S76°32'02"W a distance of 104.07 feet; tqence S75°07'31"W a distanc, of 9IL(l$i~fll~;ITf[,~,~ ,i .,~-- ,,-- ,.~ thence S85°14'57"W a distance of 146.76 feet; thence S78°51 '57"W a dj., ancel~f I 1 _(all.f.,/./e~fft~ HAY 2 0 L 97 Pa~e 7 of 11 Florida Water Services Corporation Marco Island Water Service Territory feet; thence S81°03'38"W a distance of 243.73 feet; thence S82"26'07"W a distance of 110.74 feet; thence N8Cr'IS'56"W a distance of 152.94 feet; thence S74"29'41"W a distance of 88.21 feet; thence S7T'26'22"W a distance of 85.47 feet; thence N65°43'0T'W a distance of 53.99 feet; thence N55'00'32"W a distance of 114.61 feet; thence N53°33'01 "W a distance of 110.70 feet; thence N54°14'00"W a distance of 124.85 feet; thence N46~24'ST"W a distance of 136.45 feet; thence N39'lg'20"W a distance of 143.42 feet; thence N3W54'54"W a distance of 96.15 feet; thence N29"51'36"E a distance of 142.63 feet; thence N23°34'29"E a distance of 135.78 feet; thence N2C~16'45"E a distance of 118.58 feet; thence N13°IT'08"E a distance of 67.38 feet; thence N06°34'08"W a distance of 78.17 feet; thence N06°58'46"W a distance of 99.48 fe~t; thence N00°lg'00"E a distance of 109.43 feet; thence N01oI0'0T"W a distance of 77.26 feet; thence N06°35'40"E a distance of 117.12 feet; thence N13"26'I0"E a distance of 119.98 feet; thence NI3°08'40"E a distance of 109.34 feet; thence Nll°20'50"E a distance of 63.00 feet; thence N01~2?'28"E a distance of 53.42 feet; thence N21 ~25'00"W a distance of 83.46 feet; thence N25°48'09"W a distance of 115.44 feet; thence N2?°IT'04"W a distance of 70.96 feet; thence N26°45'2T'W a distance of 72.93 feel; thence NI 1°53'08"W a distance of 45.85 feet; thence N05°I4'05"W a distance of 32.61 feet; thence N19°46'46"E a distance of 31.00 feet; thence N31°08'58"E a distance of ?3.00 feet; thence N46°11'58"E a distance of 69.23 feet; thence N30"23'22"E a distance of 62.98 feel; thence N31°24'29"E a distance of 49.59 feet; thence N1T'24'41"E a distance of 85.94 feet; thence N14°03'20"E a distance of 114.96 feet; thence N04°19'lY'W a distance of 61.17 feet; thence N16°08'00"W a distance of 82.40 feet; thence N13°5?'54"W a distance of 116.19 feet; thence N05"25'09"E a distance of 126.86 feet; thence N05°29'59"W a distance of 47.21 feet; thence N06°29'12"E a distance of 48.58 feet; thence N01°34'I4"W a distance of 21.96 feet; to an intersection with the South Line of aforemenlioned Section 14 and lying S89°51'55'E a distance of 405.08 feet from the Southwest comer thereof; thence continue N01034'14"W a distance of 121.21 feet; thence N04°lS'59"E a distance of 139.45 feet; thence N08°46'48"E a distance of 105.07 feet; thence N05°54'27"E a distance of 154.88 feet; thence NI4°I5'02"W a distance of 94.98 feet; thence N16°01'Ia"W a distance of 94.53 feet; thence N00°03'42"W a distance of 90.93 feet; thence N08°51'I4"W a distance of 81.79 feet; thence N00°33'42"W a distance of 244.17 feet; thence N04°24'14"E a distance of 83.72 feet; thence N01°43'29"E a dislance of 215.74 feet; thence N05°30'08"W a distance of 98.40 feet; thence N03°58'36"W a distance of 130.94 feet; thence N03°33'42"W a distance of 155.02 feet; thence NI0°14'04"W a distance of 101.17 feet; thence N11°49'47"W a distance of 99.52 feet; thence N05°58'38"W a distance of 108.13 feet; thence N08°48'01"W a distance of 114.44 feet; thence N06°04'28"W a distance of 114.47 feet; thence N12~24'42"W a distance of 129.40 feet; thence Nl'F00'27"W a distance of 173.11 feet; thence N28°49'0T'W a distance of 132.83 feet; thence N27°05'49"W a distance of 103.43 feet; thence N66°59'47"W a distance of 30.39 feet; thence S53°18'30"W a distance of 51.52 feet; thence S51°41'00"W a distance of 17.73 feet lo an intersection with the East Line of aforesaid Section 15 and lying N0(Y'IS'I4'*E a distance of 2800.31 feet from the Southeast comer thereof; th~,,,',' r'nntinue S51°41'00"W a distance of 88.20 feet; thence S58°39'39"W a distance of 5!;M~tl~kJT~:~ MAY 2 Page 8 of I 1 l:lorida Water Services Marco Island W~ter Service Territory thence S48°32'10"W a distance of 59.12 feet; thence S50°06'42"W a distance of 94.76 feet; thence S41'58'37"W a distance of 56.17 feet; thence S38044'28"W · distance of 68.67 feet; thence S26'32'16"W · distance of 59.00 feet; thence S04'31'05"W a distance of 107.87 feet; thence S03056'44"E a distance of 110.53 feet; thence S0'/'42'21"E a distance of 56.76 feet; thence S$3'$7'40'E · distance of 65.09 feet; thence S73'56'45"E · distance of 95.29 feet; thence S72'40'54"E a distance of 93.88 feet; thence S66'55'05'E · distance of 78.19 feet; thence S39°38'47"E a distance of 43.94 feet to an intersection with the West Line of aforesaid Section 14 and lying N00'IS' 14"E a distance of 2035.53 feet from the Southwest comer thereof; thence, continue S39'38'47"E a distance of 13.35 feet; thence S28'00'38"E a distance of 89.96 feet; thence S24'59'!2"E a distance of 82.83 feet; thence S38048'18"E a distance of 88.59 feet; thence S42°45'$0"E a distance of 101.60 feet; thence S09'13'06"E a distance of 44.69 feet; thence S01°38'10"E a distance of 179.92 feet; thence S00'13'21"E a distance of 163.47 feet; thence S49°11 'I I'W a distance of 126.19 feet; thence S38'34'42"W a distance of 49.54 feet; thence S27"05'11"W a distance of 77.98 feet; thence S20'33'49"W a distance of 24.17 feet; thence S04°00'51'W a distance of 64.12 feet; thence S02'24'42"W a distance of 88.30 feet; thence S03°41'15'E a distance of 90.02 feet; thence S06'09'03"E a distance of 156.41 feet; thence S04001'21"E a distance of 131.56 feet; thence S01°13'09'W a distance of 91.59 feet; thence S15°47'06"W a distance of 182.86 feet; thence S10°48'45"W a distance of 81.47 feet; thence S06'$0'37"W a distance of 120.17 feet; thence S00°52'45"W a distance of 64.80 feet; thence S04°13'02'E a distance of 59.28 feet; thence S 17°23'17"E a distance of 7,22 feet to the Point of Beginning. Containing 142.89 acres, more or less. AREA 4. BARFIELD BAY MULTI-FAMILY DEVELOPMENT AREA That parcel of land lying in and being part of A REPLAT OF A PORTION OF MARCO BEACH UNIT FIFTEEN according to the plat thereof as recorded in Plat Book 8, Page 45 of the Public Records of Collier County, Florida and of MARCO BEACH UNIT FIFTEEN, according to the plat thereof as recorded in Plat Book 6, Pages 104 through 111, inclusive of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the centerline intersection of Portland Court and State Road No.92 (realigned) as shown on said plat of A REPLAT OF A PORTION OF MARCO BEACH UNIT FIFTEEN; thence nm S55°01'14"E along said centerline of State Road No. 92 a distance of 108.16 feet; thence S34°58'46"W a distance of 50.00 feet to the Southeasterly Right of Way Line of said State Road No. 92, and the POINT OF BEGINNING of the hereinafter described parcel of land, said point also being the point of curvatm'e of a circular curve, concave Northeasterly having a radius of 2631.16 feet; thence nm Southeasterly along the arc of said curve through a central angle of 19o29'55" an arc distance of 895.43 feet; thence leaving said Southeasterly Right of Way l said curve, mn S72°38'27"W a distance of 51.16 feet; thence S88049'39' 49.30 feet; thence N79°30'48"W a distance of 40.60 feet; thence S81°07 .ine and arc of- PlAY 2 O Page 9 of 11 Florida Water Services Corporation Marco Island Water Service Territory of 43.03 feet; thence N82°33'I0"W a distance of 51.39 feet; thence N76'09'$7"W a distance of 58.87 feet; thence N56°ll'43"W a distance of 113.43 feet; thence N78°20'51"W a distance of 37.75 feet; thence N64°54'54"W a distance of 59.35 feet; thence N36°59'02"W a distance of 37.66 feet; thence N57°38'14"W a distance of 35.77 feet; thence S61°20'30"W a distance of 62.27 feet; thence S41°18'25"W a distance of 56.29 feet; thence S45°17'47"W a distance of 51.90 feet; thence S 17'56'08"W a distance of 58.68 feet; thence S27~5'46"W a distance of 43.41 feet; thence S43~22'30"W a distance of 55.10 feet; thence S41 °12'49"W a distance of 55.30 feet; thence S47°14'55"W a distance of 65.36 feet; thence S67°46'35'W a distance of 63.73 feet; thence S73°44'33"W a distance of 67.50 feet; thence S73'17'43"W a distance of 80.92 feet; thence S74°52'29"W a distance of 60.53 feet; thence S37°00'26"W a distance of 45.65 feet; thence S03°39'47"E a distance of 45.76 feet; thence S23°59'39"E a distance of 56.71 feet; thence S43°19'30"E a distance of 59.92 feet; thence S45°49'04"E a distance of 66.15 feet; thence S51°17'4T'E a distance of 56.25 feet; thence S47"25'13"E a distance of 168.27 feet; thence S49°43'41"E a distance of 80.17 feet; thence S51 °41 '20"E a distance of 91.81 fe~; thence S45°40'10"E a distance of 82.14 feet; thence S39°39'1 I"E a dis~tnce of 66.22 feet; thence S43°54'24"E a distance of 63.35 feel; thence S55°10'21"E a dis~nce of 70.18 feet; thence S54°55'3T'E a distance of 63.09 feet; thence S18°10'21"E a distance of 35.41 feet; thence S18°34'56"W a distance of 59.75 feet; thence S21°44'44"W a distance of 58.65 feet; thence S02°48'ST'W a distance of 65.22 feet; thence S06°14'02"E a distance of 51.16 feel; thence S24°11'50"E a distance of 65.73 feet; thence S10°57'55'E a distance of 72.64 feet; thence a distance of 56.72 feet; thence S31°50'43"E a distance of 67.48 feet; thence S33°06'20"E a distance of 64.61 feet; thence S33°23'0T'E a distance of 110.33 feet; thence S21°02'4T'E a distance of 119.14 feet; thence S23°05'11"E a dis~nce of 76.50 feet; thence S25°42'55"E a distance of 75.89 feet; thence S19°22'14'E a distance of 82.34 feet; thence S16°49'0,4"E a distance of 75.86 feet; thence S14°46'51"E a distance of 68.83 feet; thence S13°33'09"E a distance of 69.08 feet; thence S08°43'26"E a distance of 66.41 feet; thence S04°23'02"W a distance of 73.29 feet; thence S46°09'4T~,V a distance of 50.44 feet; thence N59°03'32"W a distance of 59.42 feel; thence N37°I4'49"W a distance of 66.26 feet; thence N32°25'I2"W a distance of 55.57 feet; thence N34°04' 16"W a distance of 51.55 feet; thence N05039'18"W a distance of 114.09 feet; thence N40°09'52"W a distance of 58.53 feel; thence NIS°38'24"W a distance of 34.69 feet; thence N42°08'43"E a distance of 34.54 feet; thence N42°IT'06"E a dis'~ce of 36.77 feet; thence N23°25'00"E a distance of 34.89 feet; thence N31°03'34"W a distance of 74.07 feet; thence N28°25'04"W a distance of 73.19 feet; thence NTl°41'I3"W a distance of 60.02 feet; thence N85°47'23"W a distance of 50.68 feet; thence N57°lg'56"W a distance of 23.09 feet; thence N27~31 '31"W a distance of 94.60 feet; thence N57°57'55"W a distance of 101.32 feet; thence N45°20'36"W a distance of 58.74 feet; thence N32°11 '40"W a distance of 82.57 feet; thence NI 0'21'10"W a distance of 63.29 feet; thence N01°21'lS"W a distance of 78.24 feet; thence N13°49'52"W a distance of 75.14 feet; thence N45°09'22'~/ a distance of 222.54 feet; thence N63°54'51"W a distance of 41.03 feet; thence N46°07'23"W a distance o; thence N63°54'51"W a distance of 45.00 feet; thence NTl°42'41"W a disu H' ¥2 0 Page 10 of 11 Florida W~ter Services Corporation Marco Island W~ter Service Territory feet; thence N56°39'59"W a distance of 51.06 feet; thence N47'51'04"W a distance of 70.80 feet; thence N59'17'51"W a distance of 80.03 feet; thence N62'I4'31"W distance of 96.75 feet; thence N62°48'01"W a distance of 86.23 feel; thence N66°04'28"W a distance of 95.98 feet; thence N69'42'11"W a distance of 71.70 feet; thence N53°56'20"W a distance of 63.61 feet; thence N23~22'$4"W a distance of 66.49 feet; thence N20'27'44"E a distance of 30.42 feet; thence NIg'33'21"E a digance of 149.05 feet; tbence N01'42'58"W a distance of 46.62 feet; thence NIS'27'38"W a distance of 46.91 feet; thence N00'39'31~ a distance of 87.64 feet; thence N22°I2'l$"E a distance of 59.96 fe~; thence N41'22'52"E a distance of 68.95 feet; thence N68°25'lS'E a distance of 65.85 feet; thence N65°45'27~E a di~'mce of 34.02 feet; thence N29'Ig'30"E a distance of 31.8,~ feet; thence N15'3,~'57"E a distance of 43.56 feet; thence N3(Y'08'28"W a distance of 50.64 feet; thence N2~,'39'I3"W a distance of 60.13 feet; thence N25'20'28"W a distance of 74.73 feet; thence N44'28'06"W a distance of 77.32 feet; thence N41°59'05"W a distance of 60.84 feet; thence NIg~58'I3"W a distance of 75.26 feet; thence N34°01'01"W a distance of 7~1.47 feet; thence N17°20'3Y'W a distance of 86.06 feet; thence N16°22'55"W a distance of 90.69 feet; thence NI3°52'19"W a distance of 63.54. feet; thence N11°04'2T'W a &stance of 66.07 feet; thence N36°39'11'W a distance of 110.71 feet; thence N58°47'50"W a distance of 98.97 feet; thence N79'38',~5"W a distance of 87.89 feet; thence N63°21 '09"W a distance of 61.85 feet; thence N66°,~l'25"W a distance of 58.30 feet; thence S33°48'56'W a distance of 231.07 feet; thence NSIO04'44"W a distance of 131.71 feet to a point of intersection with the Northwest boundary line of Lot 6, Block 427 of the aforesaid Marco Beach Unit Fifteen, said point also being on the Southeasterly Right of Way Line of Goodland Drive as shown on said plat; thence S39"(X)'16"W along said Southeasterly Right of Way Line of Goodland Drive, a distance of 107.03 feet to the Point of Curvature of a circular curve, concave to the East having a radius of 160.00 feet; thence Southwesterly, Southerly and Southeasterly along the arc of raid curve through a central angle of 73°25'00" an arc of distance of 205.02 feet; thence leaving said Right of Way Line run NSl°32'23"E a distance of 80.09 feet; thence N84°14'56"E a distance of 59.67 feet; thence S89~34'47"E a distance of 37.18 feet; thence N89~04'29"E a distance of 42.75 feet; thence S72°05'58"E a distance of 52.08 feet; thence S31°39'40"E a distance of 25.81 feet; thence S05°29'11'E a distance of 19.59 feet; thence S16'29'49"W a distance of 39.96 feet; thence S30°37'14'W a distance of 59.22 feet; thence S23°50'20"W a distance of 44.91 feet; thence S04°29'52"W a distance of 33.15 feet; thence S02°46'3T'E a distance of 56.38 feet; thence S07'23'31"E a distance of 60.45 feet; thence S08°02'08'E a distance of 70.76 feet; thence S38'27'10'E a distance of 137.09 feet; thence S12°57'06"E a distance of 48.03 feet; thence SOT'47'13"E a distance of 58.20 feet; thence S07~4'58"W a distance of 42.57 feet; thence S26°16'50"W a dislance of 44.75 feet; thence S04°57'31'W a distance of 31.66 feet; thence S06'39'33"E a distance of 79.47 feet; thence S10'00'29'E a distance of 62.53 feet; thence S16°12'31'E a distance of 208.21 feet; thence S02°48'38"E a distance of 51.46 feet; thence S10°23'50'W a distance of 51.54 feet; thence S18°31'29"W a distance of 109.95 feet; thence S00°39'07"E a distance of .14.32 feet; thence S10~30'37"W a d feet; thence S45°44'14"W a distance of 28.14 feet; thence N89'16'10" HAY 2 0 1~37 Page 11 of 11 Florida Water Services ~on Marco Island Water Service Territory $0.04 feet; thence N62'44'07"W a distance of $9.83 feet; thence N41'06'59"W a distance of 72.77 feet; thence N28'II'09"W a distance of 70.14 feet; thence N33'33'49"W a distance of 59.77 feet; thence N41'08'45"W a distance of 58.24 feet; thence N32°$1'02"W a distance of 48.09 feet; thence N07'26'$$"W a distance of 102.56 feet; thence NI0043'57"E a distance of 65.25 feet; thence N28'05'$1"E · distance of 58.34 feet~ thence N13'00'57"E a distance of 53.01 feet; thence N04'49'23"W a distance of 38.20 feet; thence N22'23'29"W a distance of 65.22 feet; thence N33'07'03"W a distance of 45.19 feet; thence N$So45'I2"W a distance of 55.79 feet; thence N$4'og'I2"W a distance of 61.31 feet; thence N$6'32'30"W a distance of 75.67 feet; thence N$3°49'27"W a distance of 68.43 feet; thence N45"$7'$7"W a distance of 64.90 feet; thence N46'22'06"W a distance of 49.32 feet; thence N36°14'06"W a distance of 61.23 feet; thence N36029'Ig'W a distance of 52.17 feet; thence N21'22'37"W a distance of 69.78 feet; thence N01'29'03"W a distance of 23.06 feet; thence N69'11'56"E a distance of 53.24 feet; thence N61'40'I6"E a distance of 36.54 feet; thence N42°05'50"E a distance of 51.85 feet; thence N44'03'25"E a distance of 58.83 feet; thence N44°42'40"E a distance of 180.60 feet to a point of intersection with the Southwesterly Right of Way Line of aforesaid Goodland Drive, said point also being on the arc of a circular curve concentric to the aforementioned curve concave to the Northeast, and having a radius of 240.00 feet; thence Northwesterly, Northerly and Northeasterly along the arc of said curve, through a central angle of 68°46'26" an arc distance of 288.08 feet to the point of tangency; thence continuing along said Right of Way Line nm N39°00'17"E a distance of 107.03 feet to the Southeast comer of Lot 15 of Block 428 of said Marco Beach Unit Fifteen; thence N$0°59'43"W along the Southwest boundary of said Lot 15 of Block 428 a distance of 359.93 feet to the Southwest comer thereof; thence N39°00'lT"E along the West boundary of sa.id Block 428 a distance of 652.48 feet to the aforementioned Southeasterly Right of Way Line of State Road No. 92; thence S44°17'05"]/along said Southeasterly Right of Way Line a d/stance of 129.47 feet to the point of curvature of a circular curve concave to the Northeast having a radius of 1772.93 feet; thence along said Right of Way Line the arc of said curve through a central angle of 10°44'10'' and the arc distance of 332.40 feet to the point of tanEency; thence continuing along said Right of Way run S55°01'14"E a distance of 1290.07 feet to the Point of Beginning. Containing 57.84 acres, more or less. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 RESOLUTION NO. V?- A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING FLORIDA WATER SERVICES CORPORATION A GRANDFA~R CERTIFICATE FOR THE PROVISION OF WASTEWATER SERVICE TO ITS MARCO ISLAND SERVICE AREA CONSISTENT WITH THE CERTIFICATE PREVIOUSLY ISSUED BY THE FLORIDA PUBLIC SERVICE COMMISSION. WHEREAS, Resolution No. 96.104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over non-exempt water and wastewater utilities operating in unincorporated areas of Collier County; and WHEREAS, Ordinance No. 96.-6 established the CoIlier County Water and Waste-water Authority (AUTHORITY) and specific powers and duties; and WHEREAS, Ordinance No. 96-6 requires that non-exempt water and waste-water utilities operating in unincorporated areas of Collier County must apply for Grandfather Certificates from Collier County; and WHEREAS, Florida Water Services Corporation (UTILITY) ha~ submitted documentation sufficient to serve as its application for a Grandfather Certificate for provision of wastewater service to ira Marco Island service area; and WHEREAS, on February 24, 1997, the AUTHORITY considered UTILITY'S application and issued its Preliminary Order No. 97-1 recommending that the Board of County Commissioners of Collier County (BOARD) grant UTILITY a Certificate to provide wastewaler service to the Marco Island service area, more particularly described in Attachment "B"; and WHEREAS, pursuant to Ordinance No. 96.6, only the BOARD may issue a Franchise Certificate to any utility operating in the unincorporated area of the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: Pursuant to Section 1-4 (E), Ordinance 96-6, Certificate No. 07S is hereby issued to UTILITY for the provision of wastewater service to the Marco Island service area described in "Attachment B". - 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 2. ^ duplieat~ ori{iml of Ce~ific~t~ No. 075 i~ ~ bememo M "~ A". 3. C,~ific~c No. 07S ~ rem~ in force md ~rect until suslnnd~ e,m~e~Icd or rrvoked ~ P,e~olution of tl~ BOARD. This R~sol~on adopted ~ ~ day of and majority vote favoring same. __, 1997 ~ motion, ATTEST: DWIGHT F.. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA by:, Deputy Cl~k Timothy L. Hsncock, Chairman Approved as to form and legal sufficiency: Assistant County Attorney AGE~DA K~ HAY 2 0 Attachment "A" (Duplicate CeFtiflcate O'/S) COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER 0Ts Upon consideratio~ of the r~zord, it is hereby ~LVED that authority be nd is hereby granted to FLORIDA WATER SERVICF.~ CoRpORATION (MARCO ISLAND) Whose principal addrem b !000 COLOR PLACE APOPICA, FLORA 32703 to provide WASTEWATER service in accordance with the proybiom of'Collier County Ordlnance No. 96-6, Supplemmtd Ruks of'fbe Bom. d, Supplemeetal Rules of the Comer County Water and Wastewtter Autbor~/nd Resolutions of fha Commbsioa in the territory described by the Res(dub of'this Commission. This CertHJcate shah rematn in force and effect until suspended, canedled or rt, voked by Resolution of thls Commission. RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED DATED BY RKSOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS ATTEST: Dwight E. Brock, Clerk ~l _ ! L,~,.,,('. .~d~-- A~W. st.~t Coqmtj, Attorney - NAY 2 0' COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER 0Ts Y g ..,.~..,, FLORIDA WATER SERVICES CORPORATION (MARCO ISLAND) Who~e principal addrem b i000 COLOR PLACE APOPKA, FLORIDA 32703 to provide WASTEWATER ~ervice i~ accordance with ~e ~pr~. om of'Collier County Ordlnance No. ~ Sapplemeut~ Rules offbe Bom'd, ~npplemental Rnle~ of the Collie' County Wat~' and W~tew~ter Authorl~ m~l (~=~o~;n.of thi~ Commi~io, in the territory d~Krlbed by .e Re~olution oftl~ This CertUlcate shah remain in foree and effect until suspended, eanedled m' revoked by Re~oluflon of this Commission. RESOLUTION RESOLUTION RESOLU~ON RESOLUTION DATED DATED DATED DATED BY RE.~L~ON OF THE COLLIER COUNTY BOARD OF COMMISSIONERS · ATTEST.. Dwight E. Brock, Clerk A.;-~_~ ,~: Cout:ty Attorno.y 'LICATE Attachment "B' (~Vlarco Island Wastewater Service Territory) HAY 2 0' 1,97 Florida Water Services Corporation Marco Island Wastewater Service Territory Description Area 1. Main Part of Marco Island - Parcel I - Central Part of Island - Units I, 4 and 25 Situated in Sections 4, 5, g, 9, 16, and 17, Township 52 South, Range 26 East Collier County, Florida ami mor~ paniculaxly described as follows: Being the point of beginning at the center line intersection of State Roads 92 and 953, proceed along the center line of State Road 92 Ngg'36'28"W a distance of 1275.00 ft.; thence NO0.23'32"E a distance of 685.89 ft.; thence N29"39'44" a distance of 968.72 ft.; thence NO4'29'52"E a distance of 100.00 ft.; thence N38'39'27"E a distance of 291.47 ft.; thence N60'20'I6"E a distance of 480.00 ft.; thence N29"39'44"W a distance of 155.62 ft.; thence Northwesterly along a curve to the left having a radius of 11,459.20 ft. and a central angle of 3°41'47"W a distance of 739.24 ft.; thence N33'21'31"W a distance of 1,399.95 ft.; thence Northwesterly along a cm've to the fight having a radius of 5,729.65 fL and a central angle of 10'13'21" a distance of 1,020.31 ft.; thence S69"07'50"W a distance of 320.65 ft.; thence S37'35'48"W a distance of 171.32 ft.; thence S69'02'19"W a distance of 282.00 ft.; thence N20'57'41"W a distance of 80.00 ft.; thence N72'I2'I5"W a distance of 149.56 fl.; thence Northwesterly along a curve to the right having a radius of 130.00 fl.; and a central angle 38°45'26" a distance of 87.94 fL; thence N20'57'41"W a distance of 67.31 fl.; thence Northwesterly along a curve to the left having a radius of ! 70.00 fl. and a central angle of 10.36'34' a distance of 31.48 fl.; thence S79°38'53"W a d/stance of 60.00 fl.; thence Nl0.21 '0'F'W a distance of 23.55 fl.; thence N79"38'53"W a distance of 127.00 fl.; thence Southwesterly along a curve to the left having a radius of 890.00 fl. and a central angle of 54°36'38'' a distance of 848.28 fl.; thence S72°52' 19"W a distance of 296.16 fl.; thence Northea~erly along a curve to the right having a radius of 850.00 fl.; and a central angle of 25°52'55" a distance of 383.97 fl.; thence Northeasterly along a curve to the left having a radius of 1,950.00 fl. and a central angle of 16°03'13" a distance of 546.37 fl.; thence N20.54'28"W a distance of I00.00 fl.; thence Northwesterly along a curve to the left having a radius of 2,050.00 fl. and a central angle of 16°03'13" a distance of 574.38 fl.; thence N3'P06'59"W a distance of 129.90 fl.; thence N07°22'48"E a distance of 100.00 fl.; thence NSI°52'34"E a d/stance of 138.92 fl.; thence N38°53'2T'E a distance of 303.50 fL; thence southeasterly along a curve to the right having a radius of 1,123.01 fl. and a central angle of 24°06'23" a distance of 472.49 feet; thence easterly along a curve to the right having a radius of 1,850.00 fl. and a central angle of 40.36'54" a distance of 1,311.31 fl.; thence N25°49'40"W a distance of 509.11 fl.; thence N00°48'58"E a distance of 224.92 fl; thence N83°17'I0"E a distance of 128.70 feet; thence Southeasterly along a curve to the left having a radius of 2,040.00 fl. and a central angle of 00o49'36.' a distance of 29.45 fl.; thence N62°27'39"E a distarce of 80.00 fl.; thence N64°10'20"E a distance of 613.72 fl.; thence S20'52'10"E a dis'tm :e o thence N69°07'50"E a distance of 100.00 fl. across the right of way of HAY 2 Page 2 of 16 Florida Water Service~ Cotpot~on Marco IAland Wa~ewater Service Territory thence N2CY'$2'10"W a distance of 1,124.79 fL; thence N82*35'39"E a distance of 98.19 ft.; thence S89"27'34"E a distance of 509.30 fL; thence S44°25'34"E a distance of 100.00 fi.; thence S27'53'08"W a distance of 192.30 fL; thence S23°32'36"E a dir~.ance of 458.14 ft.; thence east a distance of 121.00 fi.; thence N41°21'36"E a di~ance of 527.14 fi.; thence N63°06'23"E a distance of 171.60 fL; thence Ns.'r'20'37"E a distance of 138.58 fi.; thence N61~4'27"E a distance of 292.04 fL; thence N$7*20'37"E a distance of 309.29 ft.; thence N32°39"23"W a distance of 43.63 ft.; thence N21°08'18"E a distance of 993.75 ft.; thence N66~08' 18"E a dis','mce of 100.00 ft.; thence 868°51 '42"E a distance of 178.58 ft.; thence $6(Y'29'37"E a distance of 244.01 fi.; thence S68°51 '42"E a distance of 138.58 fi.; thence S55'34'40"E a distance of 248.07fL; thence S68"51 '42"E a distance of 489.19 fi.; thence S63°15'37"E a distance of 1,119.54 fi.; thence S63o15,43-E a distance of 260.34 fi.; thence S40"02'32"E a distance of 156.04 fi.; thence S37~)5'24"E a distance of 1,009.60 fi.; thence S67~14'09"E a distance of 100.00 fi.; thence S22°45'51"W a distance of 25.96 fi.; thence Southwesterly along a curve to the right having a radius of 2,050.00 fi. and a central angle of 2°47'39'' a distance of 99.96 fi.; thence S15°25'41"E a distance of 157.05 fi.; thence S22°45'03"W a distance of 268.92 fL; thence S38°15'32"W a distance of 441.43 fi.; thence S47"07'37"W a distance of 134.26 ft.; thence S63"29'34"W a distance of' 152.95 fi.; thence Northwesterly along a curve to the right having a radius of 130.00 ft. and a central angle of 9"56'31" a distance of 22.56 feet; thence S53°33'03"W a distance of 60.00 fi.; thence Southeasterly along a curve to the right having a radius of 70.00 fi. and a central angle of 43°25'27'' a distance of 53.05 ft.; thence N82°55'30"W a distance of 77.08 ft.; thence S47~07'3T'W a distance of 400.00 ft.; thence S14°23'33"W a distance of 72.61 fi.; thence N53°39'03"E a di~nce of 150.00 ft.; thence S36°20'5T'E a distance of 291.85 ft.; thence southeasterly having a curve to the right having a radius of 1,000.00 ft. and a central angle of 16~27'44'' a distance of 287.30 ft.; thence S21°23'13"E a distance of 46.08 ft.; thence S68°33'47"W a distance of110.00ft.; thence S21°26'13"E a distance of 320.00 ft.; thence S68°33'4T'W a distance of 140.00 ft., thence S21°26'13"E a distance of 55.00 ft.; thence S68°33'47"W a distance of 180.00 ft.; thence Westerly along a curve to the right having a radius of 3,040.00 fi. and a central angle of 12°45'16'' a distance 676.76 ft.; thence S77°43'11"W a distance of 293.04 ft.; thence S78°29'10"W a distance of 113.63 ft.; thence S01°06'57"W a distance of 500.00 ft.; thence S02°51 '49"E a distance of 100.24 ft.; thence S56"08'56"E a distance of 171.76 ft.; thence easterly along a curve to the right with a radius of 280.00 ft. and a central angle of 57°15'53'. a distance of 279.85 ft.; thence S01°06'5T"N a distance of 334.82 ft.; thence southeasterly along a curve to the right having a radius of 280.00 ft. and a central angle of 57°15'50" a distance of 179.99 fi.; thence S01°06'57"W a distance of 502.85 ft.; thence S44°09'53"E a distance of 172.16 fi.; thence S55°I6'2T'E a distance of 668.53 ft.; thence S70°39'09"E a distance of 609.18 ft.; thence S77~31 '25"E a distance of 201.44 ft.; thence S19°20'51"W a distance of 43.18 ft.; thence S65"29'25"E a distance of 360.62 ft.; thence N19°20'5 I"E a distance of 50.00 ft.; thence S65°29'25"E a distance of 119.14 ft.; thence S28021'55"E a distance of 579.42 fi.; thence S16°58'19"W a distance of 180.00 ft.; thence S73°01 '41"E a distance of 83.48 fi.; thence S16°58'19"W a distance of 140.00 ft.; thence S73"01'41"E a distance of 341.90 ft.; thence S00°20'41"W a distance of 1,049.24 ft.; thence S89"36'32"E a .i,,,,e¢ of 520.'~§ PlAY 2 Page 3 of i 6 Florida Water Services Corporation Marco Island Waxtewater Service Territory thence ·long the center line, easterly along a curve with a radius of 1,432.69 fL and a central angle of 6'06'08" a distance of 152.59 ft.; thence N$9'36'32"W a disumce of 128.18 ft.; S00'23'28~ a distance of 160.00 ft.; thence S80'36'32"E a distance of 128.18 ft.; thence easterly along a curve to the left having a radius of 1272.69 ft. and a central angle of 22'59'16" a distance of $I0.62 fL; thence S66"37'16"E a distance of 24.00 ft.; thence S23'22'44"W a distance of 230.00 ft.; thence S66'37'16"E a distance of 12.00 ft.; thence S23'22'44"W a distance of 128.60 fL; thence S42'16'36"W a distance of 62.51ft.; thence S00'23'28~ a distance of $59.23 ft.; thence S$9'$3'09"E a distance of 54.31 ft.; thence S00007'21"E a distance of 495.75 ft.; thence $89'$3'10"W a distance of 1422.35 ft.; thence $00'14'37"W a distan~ of 1562.39 fL; thence S$9'$$'29"W a distance of 715.42 ft.; thence N00~04,31,,E a distance of 2064.20 ft.; thence N34'02'33"W a distance of 179.73 ft.; thence N30"37'43"W a distance of 440.00 fL; thence Northwesterly along a curve to the left having a radius of 850.00 ft. and central angle of31'01'15- a distance of 460.20 fl.; thence N00'23'32'"E · distance of 642.48 fl. to the center line of State Road 92; thence'along said center line S89"36'28"E a distance of 540.00 fl. to the Point of Begirming. LESS AND EXCEPT: Marco Hiehlands Develo_nmeni A portion of land more particularly described as follows: Commence at the S.E. comer of Section 8, Township 52 South, Range 26 East, Collier County, Florida; thence along the east line of said section proceed N31PSS'09"E a distance of 190.31 ft.; thence N33"21'31"W · distance of 219.40 ft.; thence Northwesterly along a curve to the left, having a radius of 5679.65 fi. and a central angle of 1°38'04'' a distance of 162.02 ft.; thence N56°38'29"E a distance of 364.33 ft. to the Point of Begirming, thence N01 °06'22"E a distance of 1852.02 ft.; thence S89'43'33"E, a distance of 688.37 ft.; thence S01'06'$7"W · distance of 2412.63 ft.; thence N89°4,4'33"W a distance of 665.58 ft; thence N33°21 '31"W a distance of 72.05 ft.; thence N01 °06'22"E a distance of 620.79 ft. to the Point of Beginning. Area 2. Main Part of Marco Island - Parcel 2 - Condominiums on the Beach Situated in sections 7, 17, 18, 19, and 20, Township 52 South, Range 26 East, Collier County, Florida, and more particularly described as follows: That pan of sections 17, I $, and 19, Township 52 South, Range 26 East, Collier County, Florida, lying West and Southwesterly of Collier Blvd. and Northeas'~erly and Easterly of the waters of the Gulf of Mexico. Page 4 of 16 Florida Water Services Corporation Marco Island Wastewater Service Te~itory Area 3. Main Part of Marco Island - Parcel 3 - South End of Collier Boulevard Situated in section~ 19 md 20, Township 52 Sou~h, Range 26 East, Collier County, Florida and more particularly dewribed u follows: Beginning a! the Northwc~ comer of Section 20, Township 52, South, Range 26 Ea~ proceed S00029'57"W along the West line of Section 20 a di~'tance of 2,628.41 ft.; thence S79"13'04"E a distance of 113.93 ft. to the Point of Beginning; thence S79"13'04"E a di~,ance of 1,748.00 ft.; thence Northerly along a curve to the left having a radius of 250.00 ft. and a central angle of 101'57'16" a distance of 444.86 fi.; thence N01'I0'20"W a distance of $07.65 ft.; thence Northeasterly along a curve to the right having a radiu~ of 195.79 ft. and a central angle of 18'48'54" a distance of 64.29 ft.; thence NITO38'34"E a distance o/'90.00 fi.; thence S72021 '26"E a distance of 300.00 ft.; thence N65022'17"E a distance of 212.44 ft.; thence S01'31'23"W a distance of 677.24 ft.; thence S72°07'17"W a distance o£ 130.29 ft.; thence S12°48'50"W a distance of 261.51 fi.; thence S37'41 '$9"E a distance of 372.84 ft.; thence S22°14'56"W a distance of 237.70 ft.; thence ST/Y'52'IS"W a distance of 234.97 ft.; thence N78'I0'46"W a distance of 1,254.60 ft.; thence N84'48'20"W a distance of 386.59 ft.; thence S85'40'12"W a distance of 635.81 ft.; thence S88°$9'58"W a distance of 129.68 ft.; thence N10°46'56"E a distance of 757.69 ft. to the Point of Beginning. Area 4. Main Part of Marco Island - Parcel 4 - Condominiums and Commercial on East Side of Collier Boulevard Situated in Sections 7, 17, 18, and 20, Township 52 South, Range 26 East Collier County, Florida and more particularly described as follows: Begirm/ng at the Southeast comer of said Section l 8, proceed S88°38'36"W along the South line of Section 18 a d/stance of 355.68 fi.; thence N04°I8'53"E a distance of 575.88 fi.; thence Northwesterly along a curve lo the left having a radius of 1,950.00 fl. and a central angle of 14'57'22" a distance of 509.02 fl.; thence N 10~47' 18"W a distance of 1,779.90 fl.; thence Northwesterly along a curve to the left having a radius of 9,950.00 ft. and a central angle of 6°29'12'' a distance of 1,155.43 fl.; thence N17'26'30"W a distance of 621.24 fl.; thence Northwesterly along a curve to the left having a radius of 9,950.00 fl. and a central angle of 11°47'05" a distance of 2,046.53 fl.; thence N29'I3'35"W a distance of 87.86 fl.; thence Northerly along a curve to the right having a radius of 2050.00 fl. and a central angle of 29047'56" a d/stance of 1,066.18 fl.; thence N00~34'21"E a distance of33.11 fl.; thence N89°25'39"W a d/stance of 510.00 ft.; thence S56'14'54"W a distance of 544.$8 ft.; thence N33°45'06"W a d/stance of 690.69 fl.; thence N30"21'IE"W a distance of 529.73 fl.; thence N42'56'I3"W a distance of 412.51 fl.; thence N31°I6'14"W a distance of 339.86 fl.; thence Northeasterly along a curve to the right having a radius of ] :50.00 fl. a distance of 212.82 fl.; thence N43°49'56"E a distance of 773.69 fl.; thence East a distance,fl45.00 ft.; thence N4,o16,58,,E ,distanceof$O,.22 ft.; thence .S~2~57~. ,~..~, a d/stance of 100.00 fl.; thence S48037'27"E a distance of 302.33 fl.; thence Page 5 of 16 Florida Water Services Corporation Marco Island Wastewater Service Territory a distance of 224.~6 fL; thence South 380.00 ft.; thence S45°1~'01"E a distance of 485.79 ft.; thence S81°50'48"E a di~'tance of 807.05 fl.; thence N0tY'34'21"E a distance of 64.00 ft.; thence S89~25'39"E a distance of 30.00 ft.; thence S80°25'39"E a distance of 100.00 fi.; thence N00034'21"E a distance of 81.74 ft.; thence S89025'39"E a distance of 250.00 ft.; thence Southeasterly along a curve to the fight having a radius of 200.00 ft. and a central angle of 40'18'50" a distance of 140.72 fi.; thence Southerly along a curve to the left having a radius of 200.00 ft. and a central angle of 4(Y'l 8'50" a distance of 140.72 ft.; thence S00°34'21"W a distance of 881.20 ft.; thence Ngg°25'39"W a distance of 140.00 ft.; thence S0(~4'21"W a distance of 140.00 ft.; thence S89'25'39"E a distance of 205.00 ft.; thence S00034'21"W a distance of 1,164.00 ft.; thence Southeasterly along a curve to the right having a radius of 430.00 ft. and a central angle of 05°34'24" a distance of 41.83 ft.; thence N72'04'45"E a distance of 60.00 ft.; thence S89°25'39"E a distance of 451.96 ft.; thence Southerly along a curve to the right having a radius of 70.00 ft. and a central angle of 19001'56" a distance of 23.25 ft.; thence S00"23'32"W a distance of' 395.10 ft.; thence N89"36'28"W a distance of'291.99 ft.; thence S00°23'32"W a distance 100.00 ft.; thence S89"36'28"E a distance o£ 632.44 ft.; thence Southwesterly along a curve to the left having a radius of' 1950.00 ft. and a central angle of 17o25'42" a distance of 593.14 ft.; thence SI 7°02'10"E a distance of 496.58 ft.; thence NT0~52'24"E a distance of 543.35 ft.; thence S11"34'03"E a distance of 1400.00 ft.; thence S17°26'30"E a distance of 60.00 ft.; thence S70°52'24"W a distance of 3.85 ft.; thence S17°26'30"W a distance of 1051.80 ft.; thence SI 7°26'30"E a distance of 156.53 ft.; thence S10°47'18"E a distance of 2147.23 ft.; thence S55°26'59"E a distance of 127.89 ft.; thence S85°4I'07"E a distance of 251.90 ft.; thence S04°18'53"W a distance of 231.88 ft.; thence Southwesterly along a curve to the right having a radius of 430.00 fi. and a central angle of 15°06'11" a distance of 113.35 ft.; thence S10°47'18"E a distance of 153.85 fl.; thence S79°12'42"W a distance of 291.78 ft.; thence SI0°47'18"E a distance of 235.45 ft.; thence S48°14'12"E a distance of' 73.23 ft.; thence S41°45'48"W a distance of 60.17 ft.; thence S04°18'53"W a distance of 923.00 ft.; thence S85°41 '07"E a distance of 30.00 ft.; thence S04°18'53"W a dist~ance o£ 1,700.00 ft.; thence N20°41'00'' a distance of 698.87 ft.; thence S85°41 '07"E a distance of 170.00 ft.; thence S85°41 '07"E a distance of 405.00 fl.; thence S72°21 '26'E a distance of 201.44 ft.; thence NI 7°38'34"E a distance of 213.31 ft.; thence N20°41 '00W a distance of 292.27 ft.; thence N24°I 9'00"E a distance of 100.00 fl.; thence N69°I 9'00"E a distance of 318.58 ft.; thence S65°41 '00"E a distance of 100.00 ft.; thence S20°41 '00"E a distance of' 452.12 ft.; thence SI 7°38'34"9/a distance of 354.43 ft.; thence S79~13'04"E a distance of 125.90 ft.; thence N17°38'34"E a distance of 382.84 ft.; thence N20°41'00"W a distance of 495.57 ft.; thence S1T'38'34"W a distance of 468.21 ft.; thence S79°13'04"E a distance of 125.90 ft.; thence N17°38'34"E a distance of 496.69 ft.; thence N24°I9'00"E a distance of 100.00 ft.; thence N69°19'00"E a distance of 318.58 ft.; thence S65°41 '00"E a distance of I00.00 ft.; thence S20°41'00"E a distance o£546.09 ft.; thence S66°25'48"E a distance of 599.78 ft.; thence S27"00'24"E a distance of' 100.00 fi.; thence S12°25'00"W a distance of 445.41 ft.; thence Due West a distance of 269.00 fl.; thence S62°22' 17"W a distance of 212.44 ft.; thence N72°21 '25"W a distance of 300.00 ft.; thence S17°38'34"W a distance of 90.00 fl.; thence Southerly along a curve to the left having a radius of 195.79 ft. and a central angle Page 6 of 16 Florida W~ter Serv/ces C. xnpomion Marco hLt~d Wzr,~-w~ Service .. u~ o~ ~.ao ~; ~ce N7~13'~ a ~- ~e ,~, ~ ~W~ . . . '~ ~- ~l ~ly ~g a ~e ~ ~c n~t ~g s ~ of4~0.~ ~; ~ s ~ of83~1'~ ~ di~ of 656.03 ~.; ~ N~'18'~3~ s ~ of 212f.~9 Po~i of Be~g. AREA (For Future Use) AREA 6. JOHN STEVENS CREEK DEVELOPMENT AREA That certain parcel of land, lying in and being part of MARCO BEACH UNIT SEVENTEEN, according to the plat thereof, ~s recorded in Plat Book 6, Pages 119 through 124, inclusive of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the centerline intersection of Portland Court ~xl State Road No. 92 (realigned) as shown on the plat of A REPLAT OF MARCO BEACH UNIT FIFTEEN, according to the plat thereof, as recorded in Plat Book 8, Page 4,5 ofthe Public Records of Collier County, Florida; thence run S:55001 'I4"E ~long said centerline of State Road No. 92 a distance of 108.16 feet; thence N34°:58'46"E a distance of 50.00 feet to the Northerly Right of Way Line of said State Road No. 92, and the point of curvature of a circular curve concave to the Nonheas! having a radius of 2:531.16 feet; thence nm Southeasterly along the arc ofsaid curve through a cenira] angle of 06°4:5'19,, an arc distance of 298.43 feet to the POINT OF BEGINNING of the here/nailer described parcel of land: thence, leaving said Northerly Right of Way Line of State Road No. 92 nm N:59°,i4,09,,E a d/stance of $4.86 feet; thence N44°06'43"E a d/stance of 4:5.87 feet; thence N74°48'27"E a distance of 43.38 feet; thence $$8°$4'$1"E a distance of 47.87 feet; thence S13°$9':52"E a distance of 66.44 feet; thence S60°13'4:5"E a distance of 16.76 feet; thence N3:5°48'I6"E a distance of 64.28 feet; thence NTIO47'06-E a distance of 68.85 feet; thence N68°37'29"E a distance of 7:5.44 feet; thence N60~41'lg"E a distance of 69.62 feet; thence N:57°I2'$6"E a distance of 73.:53 feet; thence N76041 '47-E a distance of 60.61 feet; thence N49°01'I0"E a distance of 6:5.89 feet; thence N75'02'02"E a distance of 88.90 feet; thence N75028' 1:5"E a distance of 86.70 feet; thence N69°47'24'-E a distance of 101.03 feet; thence S88°01'49'E a distance of :50.53 feet; thence N$8°$$'41"E a distance of 94.$5 feet; thence N58°I2'$2"E a distance of 71.82 feet; thence N59°34'$7"E a distance of 67.65 feet; thence NTl°59'37"E a d/stance of 65.67 feet; thence N88~26'I9"E a distance of 66.65 feet; thence S70~$9'30"E a distance of 55.51 feet; thence Ni2°$2'02"E a distance of 143.84 feet; thence N69'20'30"E a d/stance of 36.35 feet; thence NS0~10'21"E a distance of 48.98 feet; thence distance of 36.96 feet; thence N84°08'44"E a distance of 1:51.8:5 feet; Page 7 of 16 Florida Wa~er Service~ C, orlx~adon Marco Island War~'water Service T~ritory a distance of 71.86 feet; thence N72'30'05"E a distance of 40.60 feet; thence N69~8'01"E a diacance of 88.62 feet; thence N70*26'40"E a dimzr, e of 57.63 feet; thence NS0~53'Ig"E a di~nce of 41.86 feet; thence N87*56'47"E a dimmce of 91.65 feet; thence S85'41'43"E a distance of 71.74 feet; thence SSI~J3'21"E a di~ance of 65.64 feet; thence S59043'38"E a distance of 43.53 f~"t; thence S41'21'09"E a distance of 136.92 feet; thence S20'43'28"E a distance of 40.17 feet; thence S09'18'33"W a distance of 43.05 feet; thence S52~27'44"W a distance of 49.02 feet; thence S59°33'37"W a distance of 73.57 feet; thence S70o25,58,,W a distance of 51.26 feet; thence Ngg°32'56"W a distance of 58.18 feet; thence N76°47'00"W a distance of 77.81 feet; thence N78°00'39"W a distance of 84.29 feet; thence N53023'45"W a distance of 60.50 fee't; thence N84~36'5~ a distance of 46.40 feet; thence S82o30,15-W a distance of 41.13 feet; thence S53°11' 18"W a distance of 59.03 feet; thence S32o02,02-W a distance of 53.22 feet; thence S21'05'15"W a distance of 42.47 feet; thence S70'56'25"W a distance of 40.09 feet; thence NS(Y'25'41"W a distance of 65.56 feet; thence N37°34'I6"W a distance of 84.97 feet; thence N45021'49"W a distance of 75.73 feet; thence N52°09'32"W a distance of 67.28 feet; thence N70'IS'52"W a distance of 45.02 feet; thence S79~36'03"W a distance of 53.04 feet; thence S81'40'07"W a distance of 65.45 feet; thence S58°10'19"W a distance of 64.49 feet; thence S4(Y'56'59"W a distance of 62.29 feet; thence S35°05'33"W a distance of 48.87 feet; thence S00~0'$5"W a distance of 45.95 fee~; thence S16o00,59,,E a distance of 79.29 feet; thence S04°52'21"W a distance of 38.17 feet; thence S24°46'24"W a distance of 64.22 feet; thence S49°41 'lS"W a distance of 57.47 feet; thence S75~35'33"W a distance of 70.53 feet; thence S50055'07"W a distance of 66.39 feet; thence S75°10'04"W a distance of 100.24 feet; thence N78°41'48"W a distance of 81.44 feet; thence Ngs'33'25"W a distance of 54.84 feet; thence S82°37'40"W a distance orS1.02 feet; thence S40'39'40"W a distance of 61.75 feet; thence S52027'26"W a distance of 54.93 feet; thence S44'34'06"W a distance of 49.94 feet to a Point of intersection with the aforesaid Northerly Right-of-Way Line of State Road No.92, said point of intersection being on the arc of the aforesaid circular curve concave to the Northeast having a radius of 2531.16 feet and bearing radially S12026'24"W a distance of 2531.16 feet from the center of the circle of said curve; thence Northwesterly, along the arc of said curve, through a central angle of 15°47'03'' an arc distance of 697.30 feet to the Point of Beginning. Containing 14.54 acres, more or less. AREA 7. HORR'S ISLAND (KEY MARCO) DEVELOPMENT AREA A parcel of land lying in SECTIONS 14, 15, 21, 22, 23, 27, and 28, TOWNSHIP 52 SOUTH, RANGE 26 EAST, Collier County, Florida, being more particularly described as follows: Commence at the Northwest comer of said Section 23, thence run S89°51 '55"E along the North Section Line thcreofa distance of 9.61 feet to the POINT OF BEGINNING of the parcel of land hereinafter described: thence, leaving raid North SI 7°23'17"E a distance of 111.69 feet; thence S02°28'52,'E a Page 8 of 16 Florida Water Services Corporation Ma~,o Island Wastewater Service Territory thence S27'39'05"W a distance of 107.39 feet to an intersection with the ~ Line of the aforementioned Section 22 and lying S00'33'54"W a distance of 293.16 feet from the Not. cut comer thereof; thence continue S27'39'05"W a distance of 30.91 feet; thence S39'33'08'W a distance of 59.21 feet; thence S68°43'41'W a distance of 32.82 feet; thence S74°24'41"W a distance of 52.30 feet; thence S82°52'42"W a distance of 41.31 feet; thence N55'29'I2"W a distance of 82.32 feet; thence N58*20'02"W a distance of 63.05 feet; thence N18*23'53"W a distance of 41.52 feet; thence NI0'I I'21W a distance of 34.08 feet; thence NI0'23'42"E a distance of 54.19 feet; thence N04*lS'$0"E a distance of 74.71 feet; thence N10"37'52"E a distance of 115.01 feet; thence N12°16'05"W a distance of 3.97 feet to an intersection with South Line of the aforementioned Sectionl5 and lying N$9'55'Ig"W a distance of 281.81 feet f~nn the Southeast comer thereof; thence continue N12°I6'05"W a distance of 72.54 feet; thence N08°41'I$"W a distance of 130.42 feet; thence N04049'06"W a distance of 121.86 feet; thence N11036'24"W a distance of 34.39 feet; thence N05°16'54"W a distance of 62.14 feet; thence N00°37'05"W a distance of 104.20 feet; thence N02~)4'34"E a distance of 105.02 feet; thence N03'57']9"E a distance of 125.51 feet; thence N09*00'I6"E a distance of 125.65 feet; thence N24°00'59"E a distance of 85.43 feet; thence N00%6'00"W a distance of 20.09 feet; thence N21°22'49"W a distance of 32.44 feet; thence N66%3'50"W a distance of 20.74 feet; thence S87°29'19"W a distance of 112.71 feet; thence N84°44'34'"vV a distance of 49.99 feet; thence S78°15'44"W a distance of 55.51 feet; thence S37°31 '20"W a distance of 48.16 feet; thence S15~01'23"W a distance of 76.22 feet; thence S07°10'34"W a distance of 70.18 feet; thence S00%3'46"E a distance of 41.56 feet; thence S17°13'14"W a distance of 118.13 feet; thence S15°33'52"W a distance of 76.68 feet; thence S03°51'45'W a distance of 56.64 feet; thence S08°01'32"E a distance of 85.43 feet; thence S13°50'16"E a distance of 75.98 feet; thence S23°14'46"E a distance of 61.68 feet; thence S15°47'41"E a distance of 120.36 feet; thence S01°54'48"E a distance of 109.40 feet; thence S00°25'29"E a distance of 78.62 feet; thence S10°2I '27"E a distance of 16.43 feet to an intersection with the North Line of aforesaid Section 22 and lying Ngg°58'lg"w a distance of 548.02 feet from the Northeast comer thereof; thence continue S I0"21'2T'E a distance of 96.03 feet; thence S17°19'01'E a distance of 82.66 feet; thence S24°37'06"E a distance of 86.64 feet; thence S29°03'2T'E a distance of 90.24 feet; thence S43°11'12"E a distance of 90.74 feet; thence S33°33'39'E a distance of 55.03 feet; thence S38°44'3 I"E a distance of 154.88 feet; thence S19°46'25"E a distance of 117.89 feet; thence S02°04'10"E a distance of 43.41 feet; thence S06°13'37"E a distance of 108.79 feet; thence S12°54'44"E a distance of 77.05 feet; thence S12°24'I1'E a distance of 57.05 feet; thence S20°53'29"E a distance of 47.18 feet; thence S34°44'18"E a distance of 74.97 feet; thence S27°16'31"E a distance of 54.63 feet; thence S34040'32"E a distance of 69.81 feet; thence S37~41 '19"E a distance of 29.46 feet to an intersection with the West Line of aforesaid Section 23 and lying S00°33'54"~V a distance of 1191.89 feet from the Northwest comer thereof; thence continue S37%1 'I9"E a distance of 49.85 feet; thence S28°02'53"E a distance of 49.54 feet; thence S03°01'32'W a distance of 53.52 feet; thence S09°49'36"W a distance of 121.26 feet; thence SI0°19'01W a distance of 104.21 feet; thence S15°30'40"W a distance of 58.62 feet to an intersection wi East Line of Section 22 and lying S00°33'54"W a distance of 1607.0 feet~'.~~ HAY 2 0 Page 9 of 16 Florida Warn' Servic.~ Marco Island W~ew~er Service Territory Northea~ comer thereof; thence continue S15'30'40"W a dirm~,e of 16.13 feet; thence S0(P34'II"E a distance of 44.39 feet; thence S15'14'48"W a dis'trace of 95.53 feet; thence S15'20'10"W a di~'~nce of 96.22 feet; thence S12'25'$9"W a di~nce of 92.81 feet; thence S16'07'06"W · diramce of 212.75 feet; thence S07'18'52"W a di~nce of 57.99 fee~; thence S07'02'20"W a dimnce of 103.69 feet; thence S09'05'16"W a di~ of 106.28 feet; thence S01'33'14"E a distance of 57.22 feet; thence S09'22'42~ a di~ of 84.64 feet; thence S26'51'43"W · di~nce of 86.61 feet; thence S33'58' 12"W a di~nce of 77.07 feet; thence S41'17'21"W a di~ance of 106.54 feet; thence .%49'47'54"W a distance of 231.41 feet; thence S52'19'25"W a distance of 165.63 fee~; thence S46'18'30"W a distance of 104.83 feet; thence S42"21'23"W a dis'mnce of 78.65 feet; thence S50015'12"W a di~mce of 108.44 feet; thence S46°48'16"W a di~mme of 159.26 feet; thence S58~7'19"W a distance of 87.46 feet; thence S58°07'07"W a distance of 96.59 feet; thence S43°42'08"W a di~nce of 78.68 feet; thence S23°04'49"W a distance of 112.88 feet; thence S5(F35'58"W a distance of 52.35 feet; thence S75°38'53"W · distance of 54.49 feet; thence S87'56'25"W a di~.ance of 88.51 feet; thence S74°07'13"W a distance of 35.18 feet; thence S57'09'20"W a distance of 72.89 feet; thence S42°26'33'"W a distance of 35.23 feet; thence S59'21 '14"W a distance of 105.08 feet; thence S57056'42"W a distance of 100.92 feet; thence S53°09'SY'W a distance of 8~.55 feet; thence S39°20'53"W a distance of 82.39 fee~; thence S36°31'40"W a distance of 106.36 feet; thence S33°43'0T'W · distance of 75.45 feet; thence S18°04'a,a"W a distance of 50.46 feet; thence S36°22'09"W · distance of 70.07 feet; thence S43°36'42"W a distance of 87.71 feet; thence S42°59'48"W · distance of 112.88 feet; thence S27°19'25"W a distance of 32.68 feet; thence S15°03'48"E a distance of 25.31 feet; thence S42°53'46"E a distance of 61.04 feet; thence South a distance of 38.69 feet; thence S33°09'12"W a distance of 46.51 feet; thence N87°51'01"W a distance of 25.76 feet; thence N54°25'43"W a distance of 37.46 feet; thence N67°13'12"W a distance of 30.91 feet; thence N77°02'29"W a distance of 41.95 feet; thence N63°21'3T'W a distance of 45.52 feet; thence N76°38'57"W a distance of 56.41 feet; thence S86°0a'~"W a distance of 73.01 feet; thence S82°23'3T'W a of 83.02 feet; thence S89059'49"W a distance of 129.09 feet; thence S88°02'45"W a distance of 103.67 feet; thence S83°52'36"W a distance of 97.42 feet; thence S83°33'22"W a distance of 103.43 feet; thence S83°32'12"W a distance of 88.37 feet; thence S78°57'35"W a distance of 180.05 feet; thence S78°32'38"W a distance of 139.74 feet; thence S66°38'19"W a distance of 112.20 feet; thence S61°27'46"W · distance of 153.51 feet; thence S76°,18'32"W a distance of 140.57 feet; thence S74°48'5T'W a distance of 145.38 feet; thence S72°54'33"W a distance of 77.45 feet; thence S71°47'5T'W a distance of 154.38 feet; thence S88°43'20"W a distance of 47.97 feet; thence N86°00'38"W a distance of 166.84 feet; thence N82°52'43"W · distance of i 72.93 feet; thence N89°42'48"W a distance of 24.60 feet; thence NS0°57'23"W a distance of 94.44 feet; thence S31°03'09"W a distance of 37.8~ feet; thence S06°14'13"W a distance of 76.99 feet; thence S41°26'55"W a distance of 37.96 feet; thence S74"24'02"W a distance of 41.87 feet; thence N46°01'40"W a distance of 45.14 feet; thence N32°57'44"W a distance of 50.77 feet; thence N33°56'21"W a distance of 43.77 feet; thence N22°34'32"W a distance of 72.88 feet; thence N03°25'18"W a dist~ce of 60.: 0 feet; thence N31°I4'22"W a distance of 29.46 feet; thence N43°59'03'%~ a HAY 2 0 P~g¢ 10 of 16 Florida Water Services Corpomion Marco Island Wastewater Scrvice Territory 31.88 feel; thence N61'26'07"W · distance of 93.58 feet; thence N62*58'36"W a distance of 53.54 feet; thence N$1'12'30"W a distance of 94.79 feet; thence N52034'lS"W · distance of 116.76 feet; thence N55'39'31"W a distance of 103.18 feet; thence N54°19'32"W a distance of 88.96 feet; thence S79°$1'40"W a distance of 6.14 feet to an intersection with the East Line of aforementioned Section 21 and lying N00'Ol'33"E a distance of 788.50 fe~ from the Southeast comer thereof; thence nm the following courses through said Section 21 to Section 28, thence continue S79"51 a distance of 24.08 feet; thence an intersection with the East Line of aforementioned '40"W · distance of 20.05 feet; thence S24'20'07"W a distance of 234.57 feet; thence S29~47'02"W a distance of 55.70 feet; thence SI 1'26'45"W a distance of 45.71 feet; thence S24~23'20"W a distance of 135.00 feet; thence S 18~03'08"W a distance of 200.77 feet; thence S05°24'45"W a distance of 45.61 feel; thence S16°55'25"E a distance of 40.00 feet; thence S27"31 '36"E · distance of 66.80 feet; thence S41'~34'37"E a distance of 75.39 feel; thence S44°56'30"E a distance of 50.24 feel; thence S49'!0'20"E · distance of 92.84 feel; thence S72°33'46"E a distance of 46.95 feet; thence S83'04'09"E a dislance of 47.05 feet to the aforesaid intersection with the East Line of Section 28, said inter~ection being on the West Line of aforesaid Section 27 and lying S0(O! '34"W a distance of 169.66 feel from the Northwest comer thereof; thence continue S83'04'09"E a distance of 49.71 feet; thence S$(Y'52'IS"E a distance of 77.43 feet; thence S86°22'31"E a distance of 55.50 feet; thence N77'22'45"E · distance of 171.85 feet; thence N54~26'04"E a distance of 40.79 feel; thence N37"48'27"E · distance of 53.96 feet; thence N40"28'55"E a distance of 65.07 feet; thence N54029'38"E · distance of 45.54 feet; thence N63°26'39"E a distance of 33.50 feet; thence S89°26'52"E · distance of 63.20 feet; thence S87"32'27"E a distance of 160.69 feet; thence S89"26'43"E · distance of 148.61 feet; thence N89"21'41"E a distance of 116.70 feel; thence N87°57'00"E a distance of 120.07 feet; thence NSI°i7'51"E a distm'w~ of 69.32 feet; thence N86°52'00"E a distance of 64.06 feet; thence S88°16'42"E · distance of 139.80 feet; thence S86°29'36"E a distance of 140.79 feet; thence N70~46'51"E a distance of 98.90 feet to an intersection with the South Line of aforesaid Section 22, and lying S88°49'09"W a distance of 3601.33 feet from the Southeast comer thereof; thence, continue N70°46'51"E a distance of 128.86 feet; thence N68030'58"E a distance of 220.80 feet; thence N70°44'13"E a distance of 116.90 feet; thence N79°59'14"E a distance of 118.64 feet; thence NSl°20'30"E a distance of i!9.13 feel; thence N85°43'29"E a distance of 226.61 feet; thence N84°00'35"E a distance of 157.68 feet; thence N84°03'54"E a distance of 78.82 feet; thence N88°34'26"E a dis'~nce of 109.72 feet; thence N$3~20'06"E a distance of 117.91 feet; thence NS0°44'16"E a distance of 117.72 feet; thence N85°33'34"E a distance of 125.84 feet; thence N73°40'08"E a distance of 87.20 feet; thence N72°05'08"E a distance of 76.20 feel; thence N45°54'18"E a distance of 72.34 feet; thence N22°53'49"E a distance of 144.77 feet; thence N26°40'59"E a distance of 71.86 feet; thence' N30°59'32"E a distance of 75.24 feet; thence N49°49'15"E a distance of 72.34 feet; thence N59°17'1 I"E · distance of 62.93 feet; thence N56°46'55"E a distance of 114.39 feet; thence N59~40'58"E a distance of 125.22 feet; thence N61°05'I7"E a distance of 181.39 feel; thence N61049'21"E a distance of 85.73 feet; thence N4!PI4'33"E a distance of 107..5~ ..... ............ , ,~----- ,, N49°54'26"E a distance of 131.33 feel; thence N49"03'05"E a distano 0 MAY 2 Pa~e 11 of 16 Florida Wa~er Services Corporation Mazco Island Wastawater Service Territory thence N$2'43'21"E a distance of 139.20 feet; thence N54'$8'I6"E a distance of 152.23 feet; thence N62'I2'O2"E a distance of 74.49 fee~ thence N69'49'45"E a distance of 160.97 feet; ~ N63'03'44"E a distance of 157.55 feet; thence N56°I3'$3"E a distance of 137.48 feet; thence N46'09'51"E a distatr, e of 71.24 feet; thence N61'47'$5"E a distance of 105.48 feet; thence N65*35'04"E a distance of 3.93 fee~ ~o an intersection with the tfor~said West Line of Section 23 and lying N00'33'54"E a distance of 1653.99 fe~ from the Southwest comer the~of; thence continue N65'35'04"E a distance of 85.13 feet; thence N'79'41'34"E a distance of 73.43 feet; thence N89'27'31"E · distance of 79.98 feet; thence NSI'I3'27"E · distance of 120.28 feet; thence NS0"32'$3"E a distance of 104.28 feet; thence NSI'29'30"E a distance of 123.46 feet; thence S87'45'25"E a distarr, e of 73.42 feet; thence S54°45'20"E a distance of 41.53 feet; thence S55°15'14"E a distance of 66.66 feet; thence S64°54'00~E a distance of 136.52 feet; thence S72'36'50"E · distance of 42.44 feet; thence S86'39'5~ a distance of 214.71 feet; thence N88'16'46"E a distance of 107.94 feet; thence N85"28'50"E distance of 84.50 feet; thence N71°41'43"E · dism~.e of 123.12 feet; thence N68°00'39"E a distance of 72.58 feet; thence N61'31'27"E a distance of 96.55 feet; thence N40"34'35"E a distance of 90.29 feet; thence N42*08'40"E a distance of 143.17 feet; thence S89'13'49"E a distance of 107.89 feet; thence S89"02'01"E a distance of 212.27 fe~; thence S51'31 '44"E a distance of 103.72 feet; thence S61'$0'49"E a distance of 81.05 feet; thence S63°13'38"E · disu~ce of 110.22 feet; thence S73°41'14"E a distance of 89.98 fee~; thence S81'12'39"E a distance of 99.78 feet; thence N85'26'57~E a distance of 88.22 fe~; thence N85°23'3T'E · dis'~nce of 80.98 feet; thence N01°52'52"W a distance of 321.22 feet; thence S69~10'29"W a distance of 82.30 feet; thence S81°22'24"W a distance of 64.72 feet; thence N85°41 '$2"W a distance of 64.00 feet; thence N71°44'49"W a distance of 73.33 feet; thence N60~41'43'~ a distance of 67.51 feet; thence N67°00' 13"W a distance of 92.34 feet; thence NTI'l 2'2 I"W a distance of 56.83 feet; thence N88°47'14"W a di~ance of 66.07 feet; thence S86°19'25"W a distance of 43.64 feet; thence S78°18'11"W a distance of 173.99 feet; thence S76°32'02"W a distance of 104.07 feet; thence S75°07'31"W a distance of 91.79 feet; thence S85°I4'$T'W a dis~nce of 146.76 feet; thence S78°51 'ST'~ a distance of 116.05 feet; thence S81°03'38"W a distance of 243.73 feet; thence S82°26'0T'W a distance of 110.74 feet; thence NS0~IS'56"W a distance of 152.94 feet; thence S74"29'41"W a distance of 88.21 feet; thence S77°26'22"W a distance of 85.47 feet; thence N65°43'07"W a distance of 53.99 feet; thence N55°00'32"W a distance of i 14.61 fee~; thence N53°33'01"W a distance of 110.70 feet; thence N54°I4'00"W a distance of 124.85 feet; thence N46°24'57"W a distance or' 136.45 feet; thence N39°19'20'~,V · distance of 143.42 feet; thence N37°54'$4"W a distance of 96.15 feet; thence N29°51'36"E a distance of 142.63 feet; thence N23°34'29"E a distance of 135.78 feet; thence N20°I6'45"E a distance of 118.58 feet; thence N13°17'08"E a distance of 67.38 feet; thence N06°34'08"W a distance of 78.17 feet; thence N06°58'46"W · distance of 99.48 feet; thence N00°Ig'00"E a distance of 109.43 feet; thence N01°I0'0T'W · distance of 77.26 feet; thence N06°35'40"E a distance of 117.12 feet; thence NI3'26'I0"E · distance of 119.98 feet; thence N13°08'40"E a distance of 109.34 feet; thence NI 1°20'$0"E a distance of,~3.00 feet; thence N01°27'28"E a distance of 53.42 fee~; thc ~ce r~,~r~..~ "~'M - · distance of 83.46 feet; thence N25°48'Og"W a distance of 11 5.44 t~.t; MAY 2 0 Page 12 of 16 Florid~ Wat~ S~vic, e~ Mar~o Ialmd W~at~ S~ T~ N2~17'~ a ~ of ?0.96 f~; ~ N26'45'2~ a ~ of 72.93 ~ce NI 1'53'08~ a di~ of 45.85 f~; ~ N05'14'05~ a di~ of 32.61 f~; ~ce NI~'~ a di~ of 31.~ f~; ~ N31~8'58~ a di~ of 73.~ f~ ~ N~'I 1'58~ a ~ of 69.23 f~; ~ce N3~3'~ a ~ of 62.98 f~; ~ N31~4'29~ a di~ of 49.59 fro; ~m N1~4'41~ a ~ of 85.94 f~ ~ N14~Y20~ a ~e of 114.~ f~; ~ N~'19'13~ a di~ of 61.17 fm ~ N16~8'~ a di~ of 82.~ fro; ~ N13'57'~4~ a ~ of 116.19 f~; ~ce N05~5'~ a di~ of 126.86 f~; ~ N05~9'59~ a di~ of 47.21 f~; ~ce N~9'12~ a di~e of 48.58 f~; ~ N01~4'14~ a disco of21.~ f~ to ~ int~i~ ~ ~e ~u~ Line of ~~lion~ S~i~ 14 ~d l~ng S8~51 '55~ a di~ of405.08 f~ · e Sou~w~ ~m~ ~f; ~m~ ~nt~ue N01~4'14~ a di~ of 121.21 f~; ~ N~'18'59'~ ~ di~ce of 139.45 f~; ~e N0~'48~ a di~ce of 105.07 fe~; ~ce N05oS4'2T~ a di~ce of 1~4.88 fro; ~ce N14'1~'02~ · di~ce of 94.98 f~; ~ce N I 6~1'14~ a die.ce of 94.~3 f~; ~ce N~3'42~ ~ di~ce of 90.93 f~; ~ce N08~51'14~ ~ di~ce of 81.79 fe~; ~ce N~3'42~ dist~ce of 2~.17 f~; ~ce N~24'14'~ · di~ce of 83.72 f~; ~ce N01°43'29'~ a dist~ce of 21~.74 f~; ~ce N0~°30'08'~ a di~ce of 98.40 f~; ~ce N03~8'36'~ a dist~ce of 130.94 f~; ~ce N03~3'42~ a di~ce of 15S.02 feet; ~ce Nl~I4'~'~ a dis~ce of I01.17 feet; ~ce N11°49'4T~ a di~e of 99.52 fe~; ~ce N05°58'38'~ a di~ce of 108.13 fe~; ~ce N08°48'01~ a dis~ce of 114.~ fe~; ~ N~°~'28'~ ~ dis~ce of 114.47 f~; ~mce N12~4'42'~ a di~ce of 129.40 fe~; ~ce NI~'2~ a di~ce of 173.11 f~; · ~ce N28o49'0T~ a di~ce of 132.83 f~; ~mce N27°05'49'~ a di~ce of 103.43 f~; ~ce N~o59'4T~ a dist~ce of 30.39 fee~; ~ce S~3°18'30'~ a dist~ce of S1.~2 fe~; ~ce S51~41'~'~ a dis~ce of 17.73 fe~ to ~ ~t~on with ~e ~I Line of aforesaid Section 1~ ~d I~ng N~15'14'~ a di~ce of 28~.31 feet ~om the Sourest com~ ~eof; lh~ce continue S51~41'~'~ a di~ce of 88.20 feet; th~ce S5g°39'39'~ a disl~ce of ~9.47 feet; th~ce S48°32'10'~ a di~ce of ~9.12 feet; thence S~'~2'~ a dist~ce of 94.76 fee~; ~ce S41°~8'37'~ a di~ce of ~6.17 feet; th~ce S38°~'28'~ a dist~ce of 68.67 f~; th~ce S26~32'16'~ a dist~ce of ~9.~ feet; ~ce S04°31'05'~ a disl~ce of 107.87 f~; ~ce S03°56'~'~ a die.ce of 110.~3 fe~; ~ce S07°42'21'~ a di~ce of 56.76 f~; th~ce S~3~7'40'~ a dis~ce of 6S.09 feel; ~ce S73°56'4~'~ a dist~ce of 9~.29 fee~; ~ce S72°40'~4'~ a disl~ce of 93.88 feet; ~ce S66°5~'05'~ a dis~ce of 78.19 feet; ~ce S3~38'47'~ a dist~ce of 43.94 f~ to ~ int~tion with the W~ Line of afore~id S~tion 14 ~d l~ng N~°I ~'14'~ a dis~ce of 2035.~3 fe~ ~m Southwest com~ ~f; ~ce continue S39~38'4T~ a di~ce of 13.3~ feet; ~ce S28°~'38'~ a dis~ce of 89.96 feel; th~ce S24°S9'12'~ a dis~ce of 82.83 f~; th~ce S38°48'!8'~ a dis~cc of 88.~9 feet; ~ce S42°45'50'~ a dis~ce of 101.60 feet; th~ce S~13'~'~ a dist~ce of ~.69 fe~; ~ce S01°38'10'~ a disl~ce of 179.92 feet; ~ce S~°13'21'~ a dish.ce of 163.47 fe~; ~ce S4~11'11~ a dist~ce of 126.19 fe~; ~ce S38°34'42'~ a dist~ce of 49.~4 f~; ~ce S2~°05'11'~ a dis~ce of ~7.98 feet; th~ce S2~33'49"W a dist~ ~f oa 17 · ence S~'51'~ a dis~ce or ~.12 feet; th~ce S02~4'42'~ a HAY 2 Page 13 of 16 Florida Water Services Corporation Marco Island Wastewater Service Territory feet; thence S03'41'15"E a distance of 90.02 feet; thence S06'09'03"E a distance of 156.41 feet; thence S04'01'21"E a distance of 131.56 feet; thence $01'i3'09"W a distance of 91.59 feet; thence S15'47'06"W a distance of 182.86 feet; thence S1~48'45"W a distance of 81.47 feet; thence S06'50'37"W a distance of 120.17 feet; thence S00'52'45'W a distance of 64.80 feet; thence S04*13'02"E a distance of 59.28 feet; thence S 17'23'!7"E a distance of 7.22 feet to the Point of Beginning. Containing 142.89 acres, more or less. Area 8. Barfleld Bay MULTI-FAMILY Development Area That parcel of land lying in and being part of A REPLAT OF A PORTION OF MARCO BEACH UNIT FIFTEEN according to the plat thereof as recorded in Plat Book 8, Page 45 of the Public Records of Collier County, Florida and of MARCO BEACH UNIT FIFTEEN, according to the plat thereof as recorded in Plat Book 6, Pages 104 flu'ough 111, inclusive of the Public Records of Collier County, Florida, being mor~ particularly described as follows: Commence at the centerline intersection of Portland Court and State Road No.92 (realigned) as shown on said plat of A REPOT OF A PORTION OF MARCO BEACH UNIT FIFTEEN; thence run S55'01'14"E along said centerline of State Ro~d No. 92 a distance of 108.16 feet; thence S34'58'46"W a distance of 50.00 feet to the Southeasterly Right of Way Line of said State Road No. 92 and the POINT OF BEGINNING of the hereinafter described parcel of land, said point also being the point of curvature of a circular curve, concave Northeasterly and having a radius of 2,631.16 feet; thence nm Southeasterly along the arc of said curve through a central angle of 19'29'55" an arc distance of 895.43 feet; thence leaving said Southeasterly Right of Way Line and arc of said curve, nm S72'38'27"W a distance of 51.16 feet; thence S88'49'39"W a distance of 49.30 feet; thence N79°30'48"W a distance of 40.60 feet; thence S81'07'08"W a distance of 43.03 feet; thence N82'33'I0"W a dis'amce of 51.39 feet; thence N76'09'ST'W a distance of 58.87 feet; thence N56°II'43"W a distance of 113.43 feet; thence N78"20'51"W a distance of 37.75 feet; thence N64'54'54"W a distance of 59.35 feet; thence N36'59'02"W a distance of 37.66 feet; thence N57°38'I4"W a distance of 35.77 feet; thence S61"20'30"W a distance of 62.27 feet; thence S41'18'25"W a distance of 56.29 feet; thence S45°I7'4T'W a distance of 51.90 feet; thence S17'56'08"W a distance of 58.68 feet; thence S2T'25'46"W a distance of 43.41 feet; thence S43"2,2'30"W a distance of 55.10 feet; thence S41'12'49"W a distance of 55.30 feet; thence S47'14'55"W a distance of 65.36 feet; thence S67°46'35'W a distance of 63.73 feet; thence S73'44'33"W a distance of 67.50 feet; thence S73°17'43"W a distance of 80.92 feet; thence S74'52'29"W a distance of 60.53 fee~; thence S3T'00'26"W a distance of 45.65 feet; thence S03039'47"E a distance of 45.76 feet; thence S23'59'39"E a distance of 56.71 feet; thence S43°19'30"E a distance of 59.92 feet; thence S45'49'04"E a distance of 66.15 feet; thence S51'17'47"E a distance of 56.25 feet; thence ,q47'25'I3"E a distance of 168.27 feet; thence S49'43'41'E a distance of 80.17 feet; 8~1~'~~~i~ a distance of 91.81 feet; thence S45°40'10'E a distance of Page 14 of 16 Florida Water Services Corporation Marco Island Wastewater Service Territory S39039'1 I"E a distance of 66.22 feet; thence S43°54'24"E a distance of 63.35 feet; thence S55°10'21"E a distance of 70.18 feet; thence S54055'3T'E a distance of 63.09 feet; thence S18°10'21"E a distance of 35.41 feet; thence S18034'56"W a distance of 59.75 feet; thence S21°44'44"W a distance of 58.65 feet; thence S02°48'57"W a distance of 65.22 feet; thence S06°14'02"E a distance of 51.16 feet; thence S24°11'50"E a distance of 65.73 feet; thence Sl(Y'57'55"E a distance of 72.64 feet; thence S19°21'20"E a distance of 56.72 feet; thence S31050'43"E a distance of 67.48 feet; thence S33006'20"E a distance of 64.61 feet; thence S33°23'07"E a distance of 110.33 feet; thence S21002'47"E a distance of i 19.14 feet; thence S23°05'11'E a distance of 76.50 feet; thence S25°42'55"E a distance of 75.89 feet; thence S19"22'14"E a distance of 82.34 feet; thence S16°49'04'E a distance of 75.86 feet; thence S14°46'51"E a distance of 68.83 feet; thence S13033'09"E a distance of 69.08 feet; thence S08'43'26"E a distance of 66.41 feet; thence S04°23'02"W a distance of 73.29 feet; thence S46°09'47"W a distance of 50.44 feet; thence N59°03'32"W a distance of 59.42 feet; thence N37°14'49"W a distance of 66.26 feet; thence N32°25'I2"W a distance of 55.57 feet; thence N34004' 16"W a distance of 51.55 .feet; thence N05039' 18"W a distance of 114.09 feet; thence N40°09'52"W a distance of 58.53 feet; thence NIg°38'24"W a distance of 34.69 feet; thence N42°08'43"E a distance of 34.54 feet; thence N42°17'06"E a distance of 36.77 feet; thence N23°'25'00"E a distance of 34.89 feet; thence N31°03'34"W a distance of 74.07 feel; thence N28025'04"W a distance of 73.19 feet; thence N71°41'13"W a distance of 60.02 feet; thence N85047'23"W a distance of 50.68 feet; thence N57°Ig'56"W a distance of 23.09 feet; thence N27031'31"W a distance of 94.60 feet; thence N57057'55"W a distance of 101.32 feet; thence N45°20'36"W a distance of 58.74 feet; thence N32°11 '40"W a distance of 82.57 feet; thence N 10'21' 10"W a distance of 63.29 feet; thence N01°'21'IS"W a distance of 78.24 feet; thence NI3°49'52"W a distance of 75.14 feet; thence N45°09'22"W a distance of 222.54 feet; thence N63°54'51"W a distance of 41.03 feet; thence N46°07'23"W a di~ance of 49.67 feet; thence N63°54'51"W a distance of 45.00 feet; thence N71°42'41"W a distance of 42.93 feet; thence N56039'59"W a dis'~ance of 51.06 feet; thence N47"51 '04"W a distance of 70.80 feet; thence N59°17'51"W a distance of 80.03 feet; thence N62'I4'31"W a distance of 96.75 feet; thence N62048'01"W a distance of 86.23 feet; thence N66°04'28"W a digance of 95.98 feet; thence N69'42'lI"W a distance of 71.70 feet; thence N53°56'20"W a disumce of 63.61 feet; thence N23"22'54"W a distance of 66.49 feet; thence N20~27'44"E a distance of 30.42 feet; thence N19'33'21"E a distance of 149.05 feet; thence N01°42'58"W a distance of 46.62 feet; thence NIS"27'38"W a distance of 46.91 feet; thence N00'39'31'~ a distance of 87.64 fe~ thence N22'I2'IS"E a distance of 59.96 feet; thence N41"22'52"E a distance of 68.95 feet; thence N68°25'lS"E a distance of 65.85 feet; thence N65°45'27"E a distance of 34.02 feet; thence N29'I9'30"E a distance of 31.84 feet; thence NISO34'57"E a distance of 43.56 feet; thence N30"08'28"W a dia'umce of 50.64 feet; thence H24'39'I3"W a distance of 60.13 feet; thence N25°'20'28"W a distance of 74.73 feet; thence N44"28'06"W a dism~ of 77.32 feet; thence N41°59'05"W a distance of 60.84 feet; thence NIg'58'I3"W a distance of 75.26 f~4 thence N34'01'01"W a distance of 74.47 feet; thence NI7020'33"W a distance of 86.06 feet; thence NI6'22'55"W a di .____ . thence N13052'19"W a distance of 63.54 feet; thence NII'04'27"W~) O Page 15 of 16 Florida Water Services Corporation Miu'co Island Wastewater Service Territory feet; thence N36°39'11"W a distance of 110.71 feet; thence N58°47'50"W a distance of 98.97 feet; thence N79"38'45"W' a distance of 87.89 feet; thence N63'21 '09"W a distance of 61.85 feet; thence N66°41'25"W a distance of 58.30 feet; thence S33°48'56"W a distance of 231.07 feet; thence NSl°04'44"W a distance of 131.71 feet to a point of intersection with the Northwest boundary line of Lot 6, Block 427 of the aforesaid Marco Beach Unit Fifteen, said point also being on the Southeasterly Right of Way Line of Goodland Drive as shown on said plat; thence S39°00'16"W along said Southeasterly Right of Way Line of Goodland Drive a distance of 107.03 feet to the Point of Curvature of a circular curve, concave to the East and having a .,'adius of 160.00 feet; thence Southwesterly, Southerly and Southeasterly along the arc of said curve through a central angle of 73~25'00'' an arc of distance of 205.02 feet; thence leaving said Right of Way Line run NSI°32'2Y'E a distance of 80.09 feet; thence N84°14'56"E a distance of 59.67 feet; thence S89°34'47"E a distance of 37.18 feet; thence Ng9'04'29"E a distance of 42.75 feet; thence S72°05'58"E a distance of 52.08 feet; thence S31'39'40"E a distance of 25.81 feet; thence S05"29'11"E a distance of 19.59 feet; thence S16'29'49"W a distance of 39.96 feet; thence S30037'14"W a distance of 59.22 feet; thence S23°50'20"W a distance of 44.91 feet; thence S04"29'52"W a distance of 33.15 feet; thence S02°46'37"E a distance of 56.38 feet; thence S07'23'31"E a distance of 60.45 feet; thence S08°02'0~"E a distance of 70.76 feet; thence S38'27'10"E a distance of 137.09 feet; thence S12°57'06"E a distance of 48.03 feet; thence S07~47'13"E a distance of 58.20 feet; thence S07~34'58"W a distance of 42.57 feet; thence S26°16'50"W a distance of 44.75 feet; thence S04°57'31"W a distance of 31.66 feet; thence S06'39'33"E a distance of 79.47 feet; thence S10°00'29"E a distance of 62.53 feet; thence S16°12'31"E a distance of 208.21 feet; thence S02°48'38"E a distance of 51.46 feet; thence S10°23'50"W a distm,ce of 51.54 feet; thence S18°31'29"W a distance of 109.95 feet; thence S00°39'07"E a distance of 44.32 feet; thence SllY30'37"W a distance of 38.52 feet; thence S45°44'14"W a distance of 28.14 feet; thence N89°I6'10"W a distance of 50.04 feet; thence N62°44'07"W a distance of 59.83 feet; thence N41°06'59"W a distance of 72.77 feet; thence N28°11'09"W a distance of 70.14 feet; thence N33"33'49"W a distance of 59.77 feet; thence N41°08'45"W a distance of 58.24 feet; thence N32°51'02"W a distance of 48.09 feet; thence N07~6'58"W a distance of 102.56 feet; thence NI0°43'57"E a distance of 65.25 feet; thence N28"'08'51"E a distance of 58.34 feet; thence NI3°00'5T'E a distance of 53.01 feet; thence N04°49'2Y'W a distance of 38.20 feet; thence N22°2Y29"W a distance of 65.22 feet; thence N33'07'0Y'W a distance of 45.19 feet; thence N55°45'I2"W a distance of 55.79 feet; thence N54'09'I2"W a distance of 61.31 feet; thence N56°32'30"W a distance of 75.67 feet~ thence N53°49'27"W a distance of 68.43 feet; thence N48'57'57"W a distance of 64.90 feet; thence N46°'22'06"W a distance of 49.32 feet; thence N36°I4'06"W a distance of 61.23 feet; thence N36"29'IS"W a distance of 52.17 feet; thence N21°'22'37"W a distance of 69.78 feet; thence N01~29'0Y'W a distance of 23.06 feet; thence N69011'56"E a distance of 53.24 feet; thence N61040'16"E a distance of 36.54 feet; thence N42'05'50"E a distance of 51.85 feet; thence N44'03'25"E a distance of 58.83 feet; thence N44°42'40"E a distance of 180.60 feet to a point of intersection with the Southwesterly Right of Way Line of afort~id Goodland Drive, said point also being on the arc of a concentric to the aforementioned curve concave to the Northeast, and hay HAY 2 O Gg? Pg. Page 16 of 16 Florida Water Services ~on Marco Island Wasl~water Service Territory 240.00 feet; thence Northwesterly, Northerly and Northeasterly along thc arc of said curve, through a central angle of 68"46'26" an arc distance of 288.05 feet to the poir~ of tangency; thence continuing along said Right of Way Line run N39'00' 17"E a distance of 107.03 feet to the Southeast comer of Lot 15 of Block 428 of said Marco Beach Unit Fifteen; thence NS0'59'43"W along thc Southwest boundary of said Lot 15 of Block 428 a distance of 359.93 feet to thc Southwest comer thereof; thence N39*00'IT'E along the West boundary of said Block 428 a distance of 652.48 feet to the aforementioned Southeasterly Right of Way Line of State Road No. 92; thence S44'17'05"E along said Southeasterly Right of Way Line a distance of 129.47 feet to the point of curvature of a circular curve concave to the Northeast having a radiu~ of 1772.93 feet; thence along said Right of Way Line the arc of said curve through a central angle of I0~44'1(C and the arc distance of 332.40 feet to the point of tangencT, thence continuing along said Right of Way run S55°01'14"E a distance of 1290.07 feet to the Point of Beginning. Containing 57.84 acres, more or less. 1 2 3 4 $ 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 RESOLUTION NO. 9% A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRANTING FLORIDA WATER SERVICES CORPORATION A GRANDFATHER CERTIFICATE FOR THE PROVISION OF WATER SERVICE TO ITS MARCO SHORES SERVICE AREA CONSISTENT WITH THE CERTIFICATE PREVIOUSLY ISSUED BY THE FLORIDA PUBLIC SERVICE COMMISSION. WHEREAS, Resolution No. 96--104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assmning certain subject matter jurisdiction over non-exempt water and wastewater utilities operating in unincorporated areas of Collier County; and WHEREAS, Ordinance No. 96-6 established the Collier County Water and Wastcwater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, Ordinance No. 96-6 requires that non-exempt water and wastewater utilities operating in unincorporated areas of Collier County must apply for Grandfather Certificates from Collier Count}v, and WHEREAS, Florida Water Services Corporation (UTIL~ has submitted documentation sufficient to serve as its application for a Grandfather Certificate for provision of water service to its Marco Shores service area; and WHEREAS, on February 24, 1997, the AU'ITIORITY considered UTILITY'S application and issued its Preliminary Order No. 97-1 recommending that the Board of County Commissioners of Collier County (BOARD) grant UTILITY a Certificate to provide water service to the Marco Shores service area, more psrticularly descn'bed in Attachment "B"; and WHEREAS, pursuant to Ordinance No. 96-6, only the BOARD may ~ a Franchise Certificate to any utility operating in the unincorporated m of tho County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, thai: Pursuant to Section 1-4 (E), Ordinance 96-6, Ce~ficate No. (MW i~ hereby issued to UTIL~ for the provision of water service to th¢~Mzrco Shores service area descn'bed in "Attachment B". .RC.~FIO~_ f.%.. ~_,..~,.]v,~K~ NAY 2 0 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 2. A duplicate original of Certificat¢ No. 04W is attached hereto aa "Attachtnent 3. Certificate No. 04W shall remain in force and effect until auspended, canceled or r~svoked by Re~olution of the BOARD. This Re~lution adopted this _ day of_ and majority vote favoring aame. 997 atk'r motion, second ATTEST: DWIGHT E. BROCK, Clerk BOARB OF CO~ COMMISSIONERS COLLIER COUNTY, FLORIDA by:., Deputy Clerk by: Timothy L. Hancock, Chairman Approved aa to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Attachment "A' (Duplicate Certificate 04W) HAY ~ O' ~? COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER o4w Upon considermion of the record, it is hereby RESOLVED that authority be and is hereby granted to FLORIDA WATER SERVICES CORPORATION (MARCO SHORES) Whose prindpal address is 1000 COLOR PLACE APOPKA, FLORIDA 32703 to provide WATER service in accordance with the provisions cfi'Collier County Ordinance No. 96-6, Snpplemenbd Rules of the Board~ Supplemental Rules of the Comer CoUnty Water and Wastewater Authority and Resolutions of this Commission in the territory described by the Resolution of this Commission. This Certificate shah remain in force and effect until suspended, cancelled or revoked by Resolution of this Commission. RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED DATED BY' RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS ATTEST: Dwight E,. Brock, Clerk z~. u to tM .. l V~',~ C. Aa~t~ta,nt County Attorney HAY 2 0 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER o4w U po ri considerltlon of the record, It is hereby RESOLVED that tuthority be and is hereby granted to FLORIDA WATER SERVICES CORPORATION (MARCO SHORES) Whose principal address b 1000 COLOR PLACE APOPKA, FLORIDA 32703 tO provide WATER service in accordance with the provtsiont of Collier County Ordinance No. 96-6, Supplemental Rules of the Board, Supplemental Rules of the Collier County Water and Wastewater Authority and Resolutions of this Commission in the territory described by the Resolution of this Commission. This Certificate shall remain La force and effect until suspended, cancelled or revoked by Resolution of this Commission. RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED DATED BY RESOL~ION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS ATTEST: Dwight E. Brock, Clerk DUPLICATE ~'..~ata~t Co~mt~, A~orne~ HAY 2 ~97 Attachment (Marco Shores Water Service Territory) Florida Water Services Corporation Marco Shores Water Service Territory Description All Areas are for Water Service AREA I. EXISTING MARCO SHORES MULTI-FAMILY DEVELOPMENT AREA That certain parcel of land lying in and being part of SECTIONS 26, 27 AND 28, TOWNSHIP 51 SOUTH, Range 26 EAST, Colli~r County, Florida, and being more particularly described as follows: Commence at the Northeast comer of the Southeast one-quarter of sa/d Sect/on 28; nm thence S07°44'34"E 356.87 feet; thence S82'i 5'26"W 295.56 feet to the existing Easterly Ri ght-of-Way Line of State Road 95 I; thence S89'17'19"E a distance of 95.84 feet to the proposed expanded Easterly Right of Way line of State Road No. 951 and the POINT OF BEGINNING of the parcel of land hereinafter described; thence $$9'!7'19"E 289.66 feet; thence N64°45'22"E 142.11 feet; thence N60'58'57"E 114.05 feet; thence N67°35'05"E' 68.55 feet; thence N77°22'IS"E 64.25 feet; thence N83°09'49"E 143.37 feet; thence N$6°58'lS"E 106.46 feet; thence NII0'02'32"E 62.06 feet; thence N75°21 '11"E 220.97 feet; thence N55°I 1 '02"E 303.28 feet; thence N46'39'41"E 127.88 feet ; ,hence N41°25'55"E 328.65 feet; thence N27'49'01"E 181.41 feet; thence NS0°10'31"E 148.85 feet; thence N45°50'lS"E 254.29 feet; then~ N59°35'47"E 310.03 feet; thence N69"50'53"E 85.16 feet; thence N77'42'37"E 195.82 feet; thence NS7°I2'07"E 204.00 feet; thence S$6°55'56"E 146.77 feet; thence S83'20'09"E 66.91 feet; thence NSI'25'07"E 73.10 feet; thence S85'15'57"E 123.04 feet; thence $78°52'33'E 118.09 feet; thence S89°12'28"E 180.18 feet; thence S73'25'40"E 86.66 feet; thence S79'23'58'E 452.00 feet; thence S74'05'I7"E 213.38 feet; thence S56°51'30"E 194.45 feet; thence S23°49'00"E a distance of 1.60 feet; thence N64°02'49"E 370.21 feet; thence N75°I7'32"E 76.02 feet; thence N57'03'58"E 37.97 feet; thence N69'27'lI"E 121.75 feet; thence N7gn44'39"E 236.53 feet; thence N82°I 0'19"E 221.01 feet; thence N$5°44'20"E 322.82 fe~; thence N64'27'01"E 646.89 feet; thence $74°58'24"E 81.06 feet; thence N61'47'24"E 229.63 feet; thence N~7°56'41"E 114.11 feet; thence S55°11'31"E 212.12 fetet; thence N$1°43'52"E 42.52 feet; thence $20'41'55'E 47.20 feet thence S56'38'44"E 262.01 feet; thence $75°09'05"E 148.31 feet; thence S41'08'09"E 124.82 feet; thence S71'10'58"E 213.00 feet; thence S59"52'22"E 76.49 feet; thence S89'54'31"E 186.89 feet; thence S27°09'13"E 41.73 feet; thence S71°10'58"E 40.00 feet; thence N87°06'58"E 65.19 feet; th~nce N7g'43'22"E 131.00 feet; thence N6g'49'23"E 109.49 feet; thence S84'17'48"E 53.45 feet; thence N53°43'05"E 38.48 feet; thence N24'45'I6"E 57.20 feet; thence N69~I4'IT"E 129.11 feet to a point which lies NSIP44'06"W 17 S01°15'54"W 1505.12 feet from the Northeast comer of aforesaid S11°59'55'E 562.93 feet; thence S79°48'17"W 435.12 feet; thence S Page 2 of I 1 Florida Water Service~ Corporation Marco Shores Water Service Territory f~t; thence SIO'O0'41"W 95.52 feet; thence S22°10'40"W 100.84 feet; thence S43°04'49"W 51.42 feet; thence S53°20'03"W 54.63 feet; thence S48'57'48"W 42.61 feet; thence S72'15'18"W 100.41 feet; thence S85'22'02"W 50.49 foet; thence S77'23'52" W 50.00 feet; thence S67°11'38'W 50.80 fe~; thence S81°58'IS"W 50.16 feet; thence S75°06'26"W 100.08 feet; thence N75'07'41"W 56.36 feet; thence S62°27'58"W 31.06 feet; thence N69"34'42"W 23.85 feet; thence S83"06'30"W 100.50 feet; thence S64°04'ST'W 127.37 feet; thence S54'~9'59"W 50.36 feet; thence S71°12'47"W 50.80 fe~; thence S47'30'48"W 51.42 feet; thence S28"23'23"W 59.36 feet; thence S41"28'21"W 32.89 feet; thence S09°57'54"W 60.44 feet; thence S61°00'33"W 81.00 feet; thence N62°40'52"W 90.14 feet; thence NSI°45'22"W 62.80 feet; thence $73°41'22"W 82.00 feet; thence S22°20'57"W 25.61 fe~-t; thence S41°12'37"W 53.14 feet; thence S74°30'17"W 51.42 feet; thence S59"51'48"W 50.01 feet; thence $37'15'35"W 54.63 feet; thence S27'35'03"W 59.91 feet; thence S53°36'08"W 100.84 feet; thence S36°18'24"W 55.04 feb--t; thence S54°09'59"W 50.36 feet; thence S65'34'59"W 50.16 feet; thence S76'33'58"W 68.23 feet; thence S74°45'47'W 152.07 feet; thence SS(Y'43'35"W 51.66 feet; thenc~ S36°55'54"W 56.82 feet; thence S69'52'28"W 50.16 feet; thence S43°29'57"W 32.31 feet; thence N45°22'26"W 56.65 feet; thence N61°08'06"W 57.79 feet; thence S80'25'08"W 780.00 feet; thence S83°26'54"W 880.00 feet; thence N74°I4'06"W 312.57 fcc't; thence N09°44'28"E 478.09 feet; thence NI(Y'I0'02"W 250.15 feet; thence N60n07'25"W 73.30 feet; thence S80'46'16"W 306.03 feet; thence S76'05'07"W 548.79 feet; thence S71°52'39"W 274.00 feet; thence S66°48'57"W 240.07 feet; thence S24°29'47"E 97.38 feet; thence S09'43'41"E 251.56 feet; thence S25°12'32"E 101.27 feet; thence S00°28'35"E 51.92 feet; thence S11°32'41"E 150.48 fcet; thence S19'23'21"E 350.57 feet; thence S01°48'25"E 80.91 feet; thence S29°06'28"W 79.59 feet; thence S37°33'04"W 104.69 feet; thence S31°59'32"W 54.23 feet; thence S53'37'44"W 50.01 feet; thence S33°58'04"W 53.49 feet; thence S58M6'43"W 100.24 feet; thence S54°46'28'W 50.00 feet; thence S69°53'03"W 103.58 feet; thence S84'01'24"W 57.31 feet; thence N86°ll'39"W 53.99 feet; thence S81'34'21"W 72.07 feet; thence N86°56'34"W 103.58 feet; thence N76~24'25"W 50.16 feet; thence N61'37'45"W 50.80 feet; thence N67'15'33"W 351.12 feet; thence N88*31'56"W 104.40 feet; thence N79°48'10"W 50.49 feet; thence N63°51'49"W 100.98 feet; thence S85°31'57"W 17.75 fcet; thence S33"33'33"W 50.04 feet; thcnce S23'17'56"W 50.49 feet; thence S24°02'58"W 151.20 feet; thence S17'46'22"W 51.42 feet; thence SI0'27'42"W 53.49 feet; thence S27'50'06"W 50.09 feet; thence S32'24'52"W 50.01 feet; thence S39°14'17"W 50.49 fcc',; thence S51°04'03"W 53.14 feet; thence S26'41'41"W 100.32 feet; thence N78'58'I0"W 264.10 feet; thence S49°15'14"W 85.80 feet; thence S85°44'28"W 94.26 feet; thence N60'55' 18"W 234.57 fegt; thence N25'44'I0"E 162.49 feet; thence N07°07'42"W 276.85 feet; thence N00'34'20"E 426.78 feet; thence N09~10'06"E 211.04 feet; thence N39"24'58"E 469.08 feet; thence N36°01'51"E 50.80 feet; thence N30'46'28"E 52.52 feet; thence N02'39'3~ 56.14 feet; thence NI2°54'56"W 300.01 fcc-t; thence NI5°50'39"W 102.18 feet; thence S80°02'32"W 41.92 feet; thence S86'58'15"W 185.20 feet; thence S08"38'25"W S06°01'01"W 50.64 feet; thence S15°46'35"W 21.67 feet; thence feet; thence N86°I3'08"W 250.16 feet; thence S72'56'29"W HAY 20 Page 3 of 11 Florida Water Services Corporation Marco Shores Water Serv/ce Territory N82°51'12"W 200.89 feet; thence N8?'32'25"W 168.11 feet to aforesaid proposed expanded Easterly Right-of-Way Line of State Road 95 I; thence N0'Z'29'39"E along said proposed expanded Easterly Right-of-Way Line 122.92 feet to the Point of Beginning. AREA 2. MARCO ISLAND AIRPORT That certain parcel of land lying in and being part of SECTIONS 26 AND 35, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida and being more particularly descn'bed as follows: Commence at the Northeast comer of said Section 26, thence nm N88'44'06"W along the North line thereof, a distance of 1569.50 feet; thence leaving said North section line, run S12°00'00"E a distance of 1230.00 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N78"00'00"E a distance of 150.00 feet; thence S12°00'00"E a distance of 70.00 feet; thence S46°01'10"E a distance of 241.30 feet; thence S 12°00'00"E a distance of 5250.00 feet; thence S41°28'16"W a distance of 168.00 feet; thence S71P00'00"W a distance of 300.00 feet; thence NI2°O0'00"W a distance of 250.00 feet; thence S78"00'00"W a distance of 175.00 feet; thence NI2'00'00"W a distance of 350.00 feet; thence N56°II'55"E a distance of 188.48 feet; thence N12°00'00"W a distance of 3560.00 feet; thence S78"00'00"W a distance of 350.00 feet; thence N12°00'00"W a distance of 1170.00 feet; thence N77°59'56"E a distance of 350.00 feet; thence NI2°00'00"W a distance of 220.00 feet; thence N78*00'05"E a distance of 150.00 feet to the POINT OF BEGINNING. AREA 3. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCEL 1 That certain parcel of land, lying in and being part of MARCO BEACH UNIT TWENTY-FOUR, according to thc plat thereof, as recorded in Plat Book 10, Pages 1 through 32, inclusive of the Public Records of Collier County, Florida, and being more particularly described as follows: Commence at the Northwest comer of Section 21 Township 51 South, Range 26 East Collier County, Florida, said comer also be/ng on the Northerly Plat Boundary of aforesaid Marco Beach Unit Twenty-Four, as shown on said plat; thence run S89°15'12"E along the North line of said Section 21 and said Northerly Plat Boundary a distance of 1728.86 feet to the POINT OF BEGINNING of the hereinafter descn'bed parcel of land; thence leaving said line nm S49'36'28"W a distance of 37.27 feet; thence S35°50'33"W a distance of 48.14 feet; thence S13~25'38"W a distance of 46.42 feet; thence S40"30'32"E a distance of 65.84 feet; thence S8~57'56"E a distance of 29.70 feet; thence S61'03'56"E a distance of 56.84 feet; thence S86~9'41"E a distance of 32.99 feet; thence S54'25'43"E a distance of 14.54 feet; thence S85'00'07"E a distance of 87.60 feet; thence N83'03'20"E a distance of 84.90 feet; distance of 62.04 feet; N60'25'I0"E a distance of 33.98 feet; thence distance of 65.99 feet; thence S82'14'36"E a distance of 54.02 feet; th Page 4 of 11 Florida Water Services Corporation Marco Shores Wat~ Service Ten'itory a distance of 48.24 feet; thence S00°26'31"W a distance of 165.55 feet; thence S07°53'30"W a distance of 90.46 fe~; thence $05'38'47"W a distance of 86.74 feet; thence S61°26'16"W a distance of 163.08 feet; thence S44'46'40"W a distance of 75.09 feet; thence S15'55'59"W a distance of 99.92 feet; thence S77°52'27"W a distance of 61.29 feet; thence N61°41'53"W a distance of 99.75 feet; thence N49°38'27"W a distance of 109.57 feet; thence NSl°03'56"W a distance of 140.40 feet; thence S87°41'06"W a distance of 70.76 feet; thence S28°31'49"W a distance of 44.05 feet; thence S03°03'23"W a distance of 127.35 feet; thence S76°53'16"W a distance of 26.09 feet; thence N50°54'04"W a distance of 102.65 feet; thence N17°06'lS"W a distance of 28.75 feet; thence S82029'19'qN' a distance of 81.80 feet; thence S57°00'02"W a distance of 56.71 feet; thence S5'/'42'11"W a distance of 38.76 feet; thence S21°59'33"W a distance of 43.50 feet; thence S13°11 '32"E a distance of 41.69 feet; thence S29°06'09"W a distance of 62.36 feet; thence S02°56'44"W a distance of 48.08 feet; thence S32°31'55"E a distance of 65.41 feet; thence S57°21 '24'"E a distance of 95.58 feet; thence S81°29'50"E a distance of 92.95 feet; thence S87°52'34"E a distance of 75.54 feet; thence NS0°33'26"E a disL',.nce of 44.92 feet; thence N46°55'08"E a distance of 33.00 feet; thence S72°26'50"E a distance of 98.77 feet; thence S53°48'03"E a distance of 82.08 feet; thence S31'18'40"E a distance of 78.55 feet; thence S0g"'14'15"W a distance of 55.74 feet; thence S03°08'38"W a distance of 58.83 feet; thence S15°48'08"E a distance of 66.84 feet; thence S48°23'37"E a distance of 82.70 feet; thence N87~59'31"E a distance of 120.75 feet; thence N73°07'05"E a distance of 82.16 feet; thence N64°IS'38"E a distance of 132.15 feet; thence NSl'lS'58"E a distance of 116.08 feet; thence S79°38'44"E a distance of 93.19 feet; thence S63°17'25"E a distance of 107.03 feet; thence S55'22'05"E a distance of 127.27 feet; thence S40°34'24"E a distance of 114.00 feet; thence S20~13'52"E a distance of 62.48 feet; thence S03°47'54"E a distance of 91.26 feet; thence S17°06'40"W a distance of 109.57 feet; thence F00°39'43"W a distance of 185.76 feet; thence S02°01'58"E a distance of 65.53 feet; thence S03°22'54"W a distance of 116.09 feet; thence S22°09'30"E a distance of 93.46 feet; thence S14°'49'51"E a distance of 346.19 feet; thence S6(Y'51'33"W a distance of 422.36 feet; thence S51°15'27"W a distance of 80.46 feet; thence N22°59'32"W a distance of 95.32 feet; thence N38°07'09"W a distance of 108.54 feet; thence N56'25'35"W a distance of 168.05 feet; thence NS0°08'I7"W a distance of 63.25 feet; thence S05°16'54"W a distance of 61.79 feet; thence S03~30'35"E a distance of 71.57 feet; thence S15~23'16"W a distance of 144.04 feet; thence S01°40'43"W a distance of 83.78 feet; thence S10~05'45"E a distance of 114.91 feet; thence S02°17'49"E a distance of 79.59 feet; thence S50°22'42"W a distance of 314.06 feet; thence S45'56'37"E a distance of 101.79 feet; thence N47°19'00"E a distance of 197.42 feet; thence N44°30'I6"E a distance of 114.38. feet; thence 522°34'11"E a distance of 165.34 feet; thence S29°01 '36"E a distance of 101.27 feet; thence S43°43'36"E a distance of 137.42 feet; thence SS(Y'31'54"E a distance of 122.51 feet; thence S25'23'54"E a distance of 63.73 feet; thence S01'31'02"E a distance of 130.63 feet; thence S14°59'33"W a distance of 127.76 feet; thence S22°53'46"E a distance of 59.05 feet; thence 580'17'33"E a distance of 140.84 feet; thence S89°58'36"E a distance of 125.76 feet;then~ ~'~ ,' distance of 163.82 feet; thence N74°13'30"E a distance o fl~ N73°58'4T'E a distance of 168.25 feet; thence N64°I3'I2"E a distan~ off214.Sq~t~[I J Page 5 of 11 Florida Water Services Corporation Marco Shores Water Service Ten'itory thence N54°07'I6"E a distance of 169.10 feet; thence N32'02'38"E a distance of 130.37 feet; thence NIIP42'29"E a distance of 44.02 feet; thence NI2"29'21"W a distance of 222.64 feet; thence NII'I9'51"W a distance of 206.47 feet; thence N79"59'I3"W a distance of 52.12 fe~4 thence N42"39'56"W a distamm of 58.90 feet; thence N03°47'28"W' a distance of 32.30 feet; thence N05*49'24"E a distance of 41.67 feet; thence N30~07'50"E q distance of 50.89 fe~4 thence N76'37'23"E a distance of 69.14 feet; thence S89n35'51"E a distance of 65.14 fect; thence S85'42'54"E a distax~ce of 197.79 feet; thence S80'30'57"E a distance of 114.27 fe, a4 thence N77"00'50"E a distance of 82.70 feb-t; thence N70'05'22"E a distan~ of 84.87 fe~t; thence N51"05'23"E a distance of 82.46 feet; thence N21'24'52"E a dist~ce of 136.15 feb-t; thence N01047,25-E · distance of 71.02 feb't; thence N06*I0'44"E n dist~me~ of 67.08 feb-t; thence S86°54'40"E a distance of 1783.70 feet to an int~,~ction with the Westerly line of the Lee County Electric Cooperative Inc., Right of Wmj ~s shown on M'oresaid plat of Marco Beach Unit Twenty-Four; thence N02'29'39"E along ta6d Westerly Right of Way line a distance of 2513.96 feet to ~n intersection with the Southerly Line of aforesaid Lee County Electric Cooperative Inc., Right of Way u shown on aforesaid plat of Marco Beach Unit Twenty-Four, thence NSI~'58'I0"W ,.long ~aid Southerly Right of Way line a distance of 766.20 feb't; thence leaving ~aid Southerly Right of Way Line N74*41'38"W a distance of 49.68 f~'t; thence N74°08'10"W' a distance of 71.36 f~'t; thence NS0°I9'50'"'~V a distance of 95.00 feet; thence NS0'32'10"W' a distance of 77.65 feet; thence N81°26'11"W a distance of 67.02 feet; thence N89"04'00"W a dist~mce of 74.23 feet; thence S89"I5'2T'W a distance of 103.25 f~; thence S87"30'47"W a distance of 89.06 feet; thence N89'54'22"W a distance of 93.70 f~-~; thence S86'52' 16"W' a distance of 85.93 feet; thenc~ N88~59'57"W' a dist-,nce of 107.99 f~-t; thence NSg'I2'52"W a distance of 113.17 feet; thence N89'36'01"W a distance of 126.65 feet; thence N08°34'58"W' a distance of 36.32 feet to afor~id North Line of Section 21 and Northerly Plat Boundary of Marco Beach Unit Twenty-Four, ~id point bears N89°45'02"W a distance of 1150.39 feet from the Northeast corner of ~a6d ~ection 21; thence N89'45'02"W' along said Line a distmce of 1468.75 fe~-t to the North "A comer of aforesaid Section 21; thence N89'I5'12"W along the North Line of ~id Section 21 and Northerly Pl~t Boundary of Marco Beach Unit Twenty-Four a di~mce of 892.14 fex-t to the Point of B~imfing. Containing 259.35 acr~, mor~ or le~s. NAY 2 0 b 37 pg. ~""',~.- Page 6 of 11 Florida Water Service~ Corporation Marco Shores Water Service Territory AREA 4. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCEL 2 That certain parcel of land lying in and being part of aforesaid MARCO BEACH UNIT TWENTY-FOUR, and being more particularly described as follows: Commence at the Northwest comer of Section 22, Township $1 South, Range 26 East, Collier County, Florida, said comer also being on aforesaid Northerly Plat boundary of Marco Beach Unit Twenty-Four, thence mn S88°$8'I0"E along said line a distance of 872.38 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence continue S$8~$8'I0"E a distance of 2:50.08 feet lo i~s intersection with the Westerly Right of Line of State Road No. 951 as shown on said plat; thence nm S02°29'39"W along said Westerly Right of Way Line of S.R. No. 951 a distance of 2612.57 feet; thence leaving said Right of Way Line mn Ng8°21'06"W a distance of 250.03 feet to the Easterly Line of the aforesaid Lee County Electric Cooperative, Inc. Right of Way as shown on said plat; thence N02~29'39"E along said Easterly Right of Way Line a distance of 2609.87 feei to Point of Beginning. Containing 14.99 acres, more or less. AREA 5. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCEL 3 That certain parcel of land, lying in and being part of aforesaid MARCO BEACH UNIT TWENTY-FOUR, and being more particularly described as follows: Commence at the Northwest comer of aforesaid Section 21, Township 51 South, Range 26 East, Collier County, Florida, said comer also being on the Northerly Plat Boundary of Marco Beach Unit Twenty-Four, as shown on said plat; thence run S89"15'12"E along the North line of said Section 21 and said Northerly Plat Boundary a distance of 1728.86 feet; thence leaving said line run S49~36'28"W a distance of 39.96 feet; thence S35°50'3Y'W a distance of 48.14 feet; thence $13°25'38"W a distance of 46.42 feet; thence S40"30'32"E a distance of 65.84 fo:t; thence S80°$7'$6"E a distance of 29.70 feet; thence S61°03'56"E a distance of 56.84 feet; thence S86°39'41"E a distance of 32.99 feet; thence S54*25'4Y'E a distance of 14.54 feet; thence S85°00'07"E a distance of 87,60 feet; thence N83°03'20"E a distance of 84.90 feet; thence 886°07'07"E a distance of 62.04 feet; N60°25'I0"E a distance of 33.98 feet; thence N74*$2'I$"E a distance of 65.99 feet; thence S82°14'36"E a distance of 54.02 feet; thence $50°05'$3'E a distance of 48.24 feet; thence S00'26'31'~ a distance of 165.55 feet; thence S07'53'30"W a distance of 90.46 feet; thence S05°35'47"W a distance of 86.74 feet; thence S61°26'!6"W a distance of 163.08 feet; thence S44°46'40"W a distance of 75.09 feet; thence S15°55'$9'W a distance of 99.92 feet; thence S77"$2'27"W a distance of 61.29 feet; thence N61°41 '53'W a distance of 99.75 feet; thence N49"38'27"W a distance of 109.57 fcc, t; thence NSl'03'56"W a distance of 140.40 feet; thence Sg7*41'06"W a distance of 70.76 feet; thence S28~31 '49"W a distance of 44.05 feet; th~:~~~ a distance of 127.35 feet; thence S76°53'16"W a distance of 26.~ f~i~'.t}i'~c~?~t'dJl~ Page 7 of 11 Florida Water Services Corporation Marco Shores Water Service Territory thence S82°29' 19"W a distance of 81.80 feet; thence SST'00'02"W a distance 56.70 feet; thence S57°42'I I"W a distance of 38.76 feet; thence S21°59'33"W a distance of 43.50 feet; thence S13°11'32"E a distance of 41.69 feet; thence S29°06'09"W a distance of 62.36 feet; thence S02°$6'44"W a distance of 48.08 feet; thence S32e31'$5"E a distance of 65.41 feet; thence S57°21'24'E a distance of 95.$8 feet; thence S81°29'$0"E a distance of 92.95 feet; thence S87°52'34"E a distance of 75.54 feet; thence N80*33'26"E a distance of 44.92 feet; thence N46°$5'08"E a distance of 33.00 feet; thence S72°26'50"E a distance of 98.77 feet; thence S$3°48'03"E a distance of 82.08 feet; thence S31°18'40"E a distance of 78.55 feet; thence S08°14'15"W a distance of :55.74 feet; thence S03°08'38"W a distance of 58.83 feet; thence S15°48'08"E a distance of 66.84 feet; thence S48*23'3T'E a distance of 82.70 feet; thence N87*$9'31"E a distance of 120.75 feet; thence N73°07'05"E a distance of 82.16 feet; thence N64°I8'38"E a distance of 132.15 feet; thence N81°lS'58"E a distance of 116.08 feet; thence S79°38'44"E a distance of 93.19 feet; thence S63°17'25"E a distance of 107.03 feet; thence S55°22'05"E a distance of 127.27 feet; thence S4CY'34'24"E a distance of 114.00 feet; thence S2Cr'13'52"E a distance of 62.48 fcc't; thence S03°47'54"E a distance of 91.26 feet; thence S17°06'40"W a distance of 109.57 feet; thence S00°39'43"W a distance of 185.76 feet; thence S02°01'58"E a distance of 65.53 feet; thence S03°22'54"W a distance 116.09 feet; thence S22°09'30"E a distance of 93.46 feet; thence S14°49'51"E a distance of 346.19 feet; thence S6(Y'$1'33"W a distance of 422.36 feet; thence S51°15'27"W a distance of 80.46 feet; thence N22°$9'32"W a distance of 95.32 feet; thence N38~)7'09"W a distance of 108.54 fcet; thence N56°25'35"W a distance of 168.05 feet; thence NS0°08'I7"W a distance of 63.25 feet; thence S05°16'54"W a distance of 61.79 feet; thence S02°30'35"E a distance of 71.57 feet; thence SI $'23'16"W a distance of 144.04 feet; thence S01°40'43"W a distance of 83.78 feet; thence SI0°05'd,5"E a distance of 114.91 feet; thence S02°17'49"E a distance of 79.59 feet; thence S50°22'42"W a distance of 314.06 feet; thence S54°49'19"W a distance of 37.65 feet; thence S44'08'50"W a distance of 53.84 feet; thence S34"27'01"W a distance of 39.89 feet; thence S32°44'38"W a distance of 50.86 feet; thence $22°11'06"W a distance of 47.24 feet; thence S23°20'40"W a distance of 43.45 feet; thence S33°05'13"W a distance of 41.76 feet; thence S3T'40'20"W a distance of 31.00 feet; thence S$5'25'44"W a distance of 60.09 feet to thc POIlqT OF BEGINNING of the parcel of land hereinafter described; thence S80'$0'09"W a distance of 31.68 feet; thence S83'27'16"W a distance of 73.62 feet; thence S81°33'18"W a distance of 68.34 feet; thence S79'48'05"W a distance of 68.71 feet; thence S73°26' 14"W a distance of $6.08 feet; thence a distance of 70.95 feet; thence S3'P46'23"W a distance of 70.27 feet; thence S17~42'35"W a distance of 60.65 feet; thence S07'24'36"E a dLstance of 63.$$ feet; thence S27'I$'44"E a distance of 63.76 feet; thence SA3'25'27"E a distance of 64.58 feet; thence S75'30'44"E a distance of 81.41 feet; thence N79'II'34"E a distance of 88.77 feet; thence N71°05'31"E a distance of 76.93 feet; thence N$2'$1'$5"E a distance of 72.16 feet; thence N38°I$'30"E a distance of 71.02 feet; thence N28'47'21"E a disUmce of $7.10 feet; thence NI$°I6'22"E a distance of 77.62 feet; thence N12"2.2' 19"E a distance of 83.:59 feet; thence N25'23'07"W a distance of 59.51 feet; thence SS(Y'50'09"W · ~ of 48.08 feet to the Point of Beginning. Containing 3.22 acre~, more or leas. MAY' ) Page 8 of 11 Florida Water Services Corporation Marco Shores Water Service Territory AREA 6. ISLES OF CAPRI DEVELOPMENT AREA - PARCEL 1 A parcel of land lying in DEVELOPMENT TRACT-A of COLLIER-READ TRACT MAP, according to the plat thereof, as recorded in Plat Book $, Pages 46 and 47 of the Public Records of Collier County, Florida, and being more particularly described as follows: Commence at thc intersection of the North tract boundary of said Development Tract-A and the Westerly Right of Way Line of State Road No. 951, said imersection being shown on aforesaid plat as Point Number 5, thence nm S02'29'39"W along said Westerly Right of Way Line a distance of 268.09 feet; thence continue along said Westerly Right o f Way Line N$7'30'2 I"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radius of 3887.79 feet; thence Southerly along said Westerly Right of Way Line and the arc of said curve through a central angle of 01o32'15'' an arc distance of 104.32 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence leaving said Westerly Right of Way Line and the arc of said curve nm N57~23'38''W a dis'since of 4.50 feet; thence N$7'0$'$1"W a distance of 17.89 feet; thence N63~3'I9"W a dis',ance of 14.79 feet; thence N61°23'03"W a distance of 15.70 feet; thence N61'$1'42"W a distance of 17.44 feet; thence N69°39'54"W a distance of 16.12 feet; thence N$2'25'54"W a distance of 19.93 feet; thence N86'04'50"W a distance of 33.46 feet; thence N77'39'37"W a distance of 16.07 feet; thence N77'46'2 I'W a distance of 20.32 feet; thence N$4°54'12"W a distance of 22.80 feet; thence N$5°41'44''W a distance of 16.64 feet; thence N$7'I2'40"W a distance of 2.04 feet to the Easterly Line of that certain 100 foot wide, Lee County Electric Cooperative Inc., Right of Way; thence continue N87'I2'40"W a distance of 22.88 feet; thence S$$°50'07TM a dia,-ace of 15.20 feet; thence S83°50'52''W a distance of 17.97 feet; thence S81°44'32'W a distance of 13.16 feet; thence S88'35'05"W a distance of 15.91 feet; thence N74°09'04'W a distance of 15.80 feet to the Westerly Line of the aforesaid 100 foot wide, Lee County Electric Cooperative, Inc., Right of Way, thence continue N74'O9'04"W a distance of 7.40 feet; thence N79'25'2.J"W a distance of 18.09 feet; thence N64'51'02"W a distance of 17.58 feet; thence N60'22'31~ a distance of 12.74 feet; thence NS(Y'I3'36"W a distance of 16.47 feet; thence N43°57'25''W a distance of 24.09 feet; thence N42'IS'25"W a distance of 16.78 feet; thence N25°38'27"W a distance of 16.96 feet; thence N35'04'56"W a distance of 11.40 feet; thence N31'34'39"W a distance of 28.66 feet; thence N27°$3'36"W · distance of 31.02 feet; thence N24°47'43"W a distance of 26.99 feet; thence NI I'04'$3"W a distance of 25.44 feet; thence N00'27'01"W a distance of 20.44 feet; thence N22'40'11"E a distance of 31.91 fce~; thence NI9~35'21"E a distance of 32.42 feet; thence N25°I0'26"E a distance of 25.$$ feet; thence NI4'28'35"E a distance of 9.79 feet; thence N26'42'45"E a distance of 14.03 feet; thence N49'25'35"E a distance of 33.67 feet to · point of intersection with aforesaid North tract boundary of Development Tract-A, said point being on the are of a circular curve, concave to the Southeast, hair~ '~ feet and bears N02~6'34"E from the center of the circle of said Page 9 of 11 Florida Water Services Corporation Marco Shores Water Service Territory along said North tract boundary and the arc of said curve, through a central angle of 1 g°48'06" an arc distance of 32.82 feet to a point, said point bearing N16°21'32''W from the center of the circle of said curve; thence leaving said North tract boundary and the arc of said curve, run S46*43'IS"W a distance of 17.47 feet; thence S$3°13'08"W a distance of 26.23 feet; thence S46°10'20''W a distance of 21.43 feet; thence S55°35'05''W a distance of 14.26 feet to a point of intersection with the aforesaid North tract boundary of Development Tract-A and the arc of aforesaid curve concave to the Southeast having a radius of 100.00 feet, said point bears N63°01'05TM from the center of the circle of said curve; thence Southerly along said North tract boundary and the arc of said curve through a central angle of 24~29'45" an arc distance of 42.75 feet to the point of tangency; thence continuing along said North tract boundary S02°29'I I"W a distance of 179.73 feet to the point of curvature of a circular curve concave to the Northwest having a radius 60.19 feet; thence Southerly along said North tract boundary and the arc of said curve through a central angle of 111'38'54" an arc distance of 117.29 feet to the point oftangency; thence continue along said North tract boundary N65051'55''W a distance of 1.33 feet to the point o f curvature of a circular curve, concave to the Northeast having a radius of 1310.08 feet; thence Northwesterly along said North tract boundary and the arc of curve, through a central angle of 05011'07'' an arc distance of 118.56 feet to a point, said point bears S29°19'1 I"W from the center of the circle of said curve; thence leaving said North tract line and the arc of said curve, run N$9.38'37"W a distance of 31.60 feet; thence S82°41'$7"W a distance of 12.64 feet; thence S63056'15''W a distance of 12.19 feet; thence S46°54'04''W a distance of 1 I.$8 feel; thence S29°07'43''W a distance of 11.32 feet; thence S04017'$0''E a distance of 17.62 feet; thence S12°14'50''E a distance of 12.22 feet; thence S05000'59''E a distance of 19.19 feel; thence S31'13'$$"E a distance of 10.06 feet; thence S$4°58'16''E a distance of 20.26 feet; thence S71°41'0T'E a distance of 19.05 feet; thence S60°09'25''E a distance of 18.70 feet; thence S41°40'03''E a distance of 24.06 feet; thence S46051'40''E a distance of 34.51 feel; thence S47°24'39"E a distance of 25.94 feet; thence S29~00'20''E a distance of 64.11 feet; thence S19°50'40''E a distance 23.79 feet; thence S04°09'10"E a distance of 27.81 feet; thence S04°49'30''E a distance of 30.02 feet; thence S00'19'39"W a distance of 50.55 feet; thence S08041'17"E a distance of 35.82 feet; thence S$4°43'23''E distance of 56.80 feet; thence S68027'39''E a distance of 22.20 feet; thence S71°41'07"E a distance of 38.09 feet; thence S72°56'15''E a distance of 57.15 feet; thence S$9'26'35"E a distance of 47.41 feet; thence S24012'Ig''E a distance of 23.47 feet; thence S07'15'17"W a distance of 26.20 feet; thence SS(Y'50'$6"W a distance of 21.61 feet; thence S62"02'3T'W a distance of 43.04 feet; thence S56°46'06"W a distance of 21.31 feet; thence S62o47'3T'W a distance of 30.28 feet; thence S34'25'08"W a distance of 34.$f~ feet; thence S85°10'14TM a distance of 30.77 feet; thence Ng4'07'55"W a distance of 85.15 feet; thence NTg'43'58"W a distance of 43.01 feet; thence Ng$'33'28"W a distance of 26.47 feel to the Northerly Right of Way Line of Slate Road No. 951-B, said point being on the arc of a circular curve concave to Northeast having a radius of 1860.08 feet and bears S2(r'O0' 10"W from the center of the circle of said curve; thence Southeasterly along said Northerly Right of Way line and the arc of said curve through a central angle of 05048'$3" an arc distance of 188.77 feet to the point of tangencT, thenc~ along said Northerly Right of Way Line a distance of 181.'/9 feet to PlAY Page 10 of I l Florida Water Services Corporation Marco Shores Water Service T~.itory Westerly Line of the Lee County Electric Cooperative, Inc., Right of Way;, thence continue S75°48'43"E along said Northerly Right of Way Line of State Road No. 951-B a distance of 102.12 feet to the aforesaid Easterly Line of the Lee County Electric Cooperative, Inc. Right of Way; thence continue S75'48'43"E along said Northerly Right of Way Line of State Road No. 951-B a distance of 139.13 feet to the aforesaid Westerly Right of Way Line of State Road No. 951 and the arc of said curve concave to the West having a radius of 3887.79 feet, said point bears S76'19'40"E fi'om the center of the circle of said curve; thence Northerly along said Westerly Right of Way Line and arc of said curve, through a central angle of 09"38'27" for an are distance of 654.17 feet to the Point of Beginning. Containing 8.53 acres, more or less. LESS AND EXCEPT from the above described parcel of land lying in aforesaid Development Tract-A, that portion being more particularly described as follows: Commence at thc intersection of the North tract boundary of said Development Tract-A and the Westerly Right of Way Line of State Road No. 951, said intersection being shown on aforesaid plat as Point Number 5, thence nm S02'29'39"W' along said Westerly Right of Line a distance of 268.09 feet; thence continue along said Westerly Right of Way Line N87°30'21"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radius of 3887.79 feet; thence Southerly along said Westerly Right of Way Line and the are of said curve through a central angle of 01 °32'15" an are distance of 104.32 feet; thence leaving said Westerly Right of Way Line and the arc of said curve nm N57~23'38"W a distance of 4.50 feet; thence NS~08'51"W a distance of 17.89 feet; thence N63°33'I9"W a distance of 14.79 feet; thence N61°23'03"W a distance of 15.70 feet; thence N61°51'42"W a distance of 17.44 feet; thence N69°39'54"W' a distance of 16.12 feet; thence N82o25'$4"W a distance of 19.93 feet; thence N86°04'50"W a distance of 33A6 feet; thence N77"39'37"W a distance of 16.07 feet; thence N77'46'21"W a distance of 20.32 feet; thence Ng4°54'12"W a distance of 22.80 feet; thence N85°41'44"W a dist~ce of 16.64 feet; thence NgT'I2'40"W a distance of 2.04 feet to the Easterly Line of thai certain 100 foot wide Lee County Electric Cooperative, Inc., Right of Way and the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue N87'12'40"W a distance of 22.88 feet; thence S88°50'07'W a distance of 15.20 feet; thence S83°50'52"W a distance of 17.97 feet; thence S81°44'32"W' a distance of 13.16 feet; thence $8ff'35'05"W a distance of 15.91 feet; thence N74'09'04"W a distance of 15.80 feet to the West Line of aforesaid Lee County Electric Cooperative, Inc., Right of Way;, thence $02'29'3~ along said West Right of Way Line a distance of 644.08 feet to the Northerly Right of Way Line of State Road No. 951-B; thence along said Northerly Right of Way Line nm S75'48'43"E a distance of 102.12 feet to the aforesaid Fatst Line of the Lee County Electric Cooperative Inc., Right of Wax thence N02°29'39"E a distance of 668.22 feet to the Point of Beginning. _ Containing 1.50 acres, more or less. AG~JDA,~ HAY 2 0 Page 11 of I I Florida Water Services Corporation Marco Shores Water Service Territory Thus, the total acreage of the Isles of Capri Development Area - Parcel I is 7.03 acres, more or less. AREA 7. ISLES OF CAPRI DEVELOPMENT AREA - PARCEL 2 A parcel of land lying in aforesaid DEVELOPMENT TRACT-A, of the COLLIER READ TRACT MAP, according to the plat thereof, as recorded in plat Book 8, Pages 46 and 47 of the Public Records of Collier County, Florida, and being more particularly described as follows: Commence at thc intersection of the North tract boundary of said Development Tract-A and the Westerly Right of Way Line of State Road No. 951, said intersection being shown on aforesaid plat as Point Number 5, thence run S02'29'39"W along said Westerly Right of Line a distance of 268.09 feet; thence continue along said Westerly Right of Way Line N87°30'21"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radius of 3887.79 feet; thence Southerly along said Westerly Right of Way Line and the arc of' said curve through a central angle of 12°39'07'' an arc distance of 858.49 feet to the Southerly Right of Way Line of State Road No. 95 l-B, said point bears S74°51 '14"E from the center of the circle of said curve; thence along said Southerly Right of Way Line of State Road No. 951-B, mn N75°48 '43"W a distance of 220.17 feet to the POINT OF BEGINNING of the hereinafter described parcel of land said point also being the Westerly Line of aforesaid Lee County Electric Cooperative, Inc., Right of' Way; thence continue along said Southerly Right of Way Line of' State RoM No. 951B N75°45'43"W a distance of 202.49 feet to point of curvature of a circular curve concave to the Northeast having a radius of 1960.08 feet; thence Northwesterly along said Southerly Right of Way Line and the arc of said curve through a central angle of 06°18'38" an arc distance of 215.89 feet to a point bearing S20°29'55"W from the center of the circle of said curve; thence leaving said Southcmly Right of Way Line and the arc of said curve mn S2ff'09'27"W a distance of 48.22 feet; thence S75°lS'4g"E a distance of 137.08 feet; thence S74'13'46"E a distance of 71.04 feet; thence S75'25'05"E a distance of 131.88 feet; thence S67'15'17"E a distance of 75.62 feet; thence S63°17' 10"E a distance of 20.24 feet to the aforesaid Westerly Line of Lee County Electric Cooperative, Inc., Right of Wax thence N02'29'3~ a distatw, e of 57.02 £cet to the Point of Beginning. Containing 0.41 acres, more or less. AGEL~DA.~T~,,,[. t-lAY 2 0 pg..O~'Y 2 3 5 6 ? 9 10 11 12 13 15 16 17 19 2O 21 22 23 2~ 25 26 2? 28 29 3O 31 32 33 3~ 35 36 37 38 39 40 ~2 ~3 ~5 RESOLUTION NO. 97- A RESOLUTION OF COLLIER COU1TrY, FLORIDA, PURSUANT TO SECTION 1-4 (E), COLLIER COUNTY ORDINANCE NO. 96-6, GRA_NTING FLORIDA WATER SERVICES CORPORAI'ION A GRANDFATHER CERTIFICATE FOR THE PROVISION OF WASTEWATER SERVICE TO ITS MARCO SHORES SERVICE AREA CONSISTENT WITH THE CERTIFICATE PREVIOUSLY ISSUED BY THE FLORIDA PUBLIC SERVICE COMMISSION. WHEREAS, Resolution No. 96-104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assuming ~n subject matter jurisdiction over non-exempt water and wastewater utilitie~ operating in unincorporated areaz of Collier County; and WHEREAS, Ordinance No. 96-6 established the Collier County Water and Wastewater AuthoriW (AUTHORITY) and ~:~ecifi¢ power~ and dutiez; and WttEREAS, Ordinance No. 96-6 requir~ that non-exempt water and was~ewater utilities operating in unincorporated re'cas of Collier County must ~ply for Grandfather Certificates from Collier County; and WIIEREAS, Florida Water Services Corporation (U'IILI'I39 has submitted documentation sufficient to serve as its application for a Grm~dfather Certificate for provision of wastewater service to its Marco Shores service area; and WHEREAS, on February 24, 1997, the AUTHORITY consider~ UTILITY'S application and issued its Preliminary Order No. 97-1 recommending that the Boani of County Commissioners of Collier County (BOARD) grant UTILH'Y a Certificate to provide wastewater service to the Marco Shores service area, more p~rtieul~ly described in Attachment "B"; and WHEREAS, pursuant to Ordinance No. 96-6, only the BOARD may issue a Franchise Certific~e to .ny utility operating in the m~:rcpomtrd ~'~ of the County. NOW, THEREFORE, BE IT RESOLED by the Board of County Commissioners of Collier County, Florida, that: Pumumt to Section 1-4 CE), Ordinance 964, Certifie~ No. 08S is hereby issued to UTILITY for the provision of 'w~stew~er service to the Msrco Shores ~-rvice ar~ described in 'Attachment B". _ HKI 2 0 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 2. A duplic~t~ o~igi~l of C~tifi~ No. 085 is ~t~bexl ~ ~s "Att~tm'a~ An. 3. Certific~ No. 08S stroll re'train in forc~ ~d ~'fect u~il ssslnnd~ c~mceled or revok~ by Resolution of thc BOARD. This Resolution ~ this,, d~y of and majority vot~ fmtofing s~no. ATTEST: DWIGHT E. BROCI~ Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA by:. Dc'put), Clerk Timothy L. H~..ock, Clmirm~ Approved as to form and legal sufficiency: Thomas C. Palm~' Assistant County Attorney Attnchment "A' (Duplicate Certificate 08S) COLLIER COUNTY, FLORIDA BOARD OF COUNTY COI~SSIONERS CERTIFICATE NUMBER oas Upon consideration of the record, it k hereby RESOLED that authority be and k hereby granted to -.'""'~! "'"' FLORIDA WATER SERVICT_~ CORPORATION (MARCO SHORF-_q) Whose principal address APOPICA, FLORIDA 32703 to provide WASTEWA~ '. ~ service~in aeeordance with the provisio~ of Collier County Ordinance No. 96-6, snFp~ Rnles ofthe Board, Supplemental Rules of the Collier County'Wa'tet~ aind Wn~.~ater Authority and Resolutions ofthk Commlssinn in the territory d~ I~tbe Resolution ofthls Commission. - .... This Certi/lcate shall remain in force and effect until ~mSl~nded, eancdled re'revoked by Resolution of this Commlssion. , RESOLUTION RESOLUTION RESOLUTION RESOLUTION DATED DATED DATED BY RESOLUTION OF THE COLLIER COUNTY BOARD OF CO'lONERS ATTEST: Dwight F_.. Brock, Clerk HAY 2 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NUMBER oss Upon consideration ofthe record, it is hereby RESOLVED that authority be and is hereby granted to FLORIDA WATER SERVI~ CORPORATION (MAR~ SHORES) Whose principal address is I000 COLOR PLACE APOPKA, FLORIDA 32703 to provide WASTE~ATI~ serviee In accordance with the provt~ions of ColDer Connty Ordlnance No. 966, Supplemental Rules offlte Board, Supplemental Rules of the Cofllm' County Water and Wastewater Authority and Resolutions ofthis Commhsion in the territory described by the Resolution of this Commission. This Certificate shun remain in for~ and effect until suspend~ cancelled or revoked by Resolution of this Commission. RESOLUTION RF. SOLUTION P,.KSOLUTION ~LUTION DATED DATED DATED DATED BY RESOIAFrlON OF THE COLLH~R COUNTY BOARD OF COMMISSIONERS ATTEST: Dwight F.. Brock, Clerk AGI2f.~A HAY 20 Attachment aB,' (Marco Shores Wastewater Service Territory) HM 2 0 ~? Florida Water Services Corporation Marco Shores Wastewater Service Territory Description All Areas are for Wastewater Service AREA I. EXISTING MARCO SHORES MULTI-FAMILY DEVELOPMENT AREA That certain parcel of land lying in and being part of SECTIONS 26, 27 AND 28, TOWNSHIP 51 SOUTH, Range 26 EAST, Collier County, Florida, and being more particularly described as follows: Commence at the Northeast comer of the Southeast one-quarter of said Section 28; run thence S07044'34"E 356.87 fe~; thence $82'15'26'W 295.56 feet to the existing Easterly Right-of-Way Line of State R0~ad 95 I; thence S89'17'19'E a distance of 95.84 feet to the proposed expanded Easterly Right of Way line of State Road No. 951 and the POINT OF BEGINNING of the parcel of land hereinafter descn'bed; thence $89'17'19"E 289.66 feet; thence N64°45'22-E 142.11 feet; thence N60'58'57"E 114.05 feet; thence N67035'05"E '68.55 feet; th,.ace N77'22'IS"E 64.25 feet; thence N83'09'49"E 143.37 feet; thence N86°58'IS-E 106.46 feet; thence NS0'02'32"E 62.06 feet; thence N75°21'11"E 220.97 feet; thence N55°11'02"E 303.28 feet; thence N46'39'41"E 127.88 feet ; thence N50°I 0'31 "E thence feet; thence 310.03 N87°I 2'07"E feet; thence S78°52'33"E feet; thence S56°51 '30"E N64°02'49"E feet; thence N82°I0'i9"E feet; thence S74'58'24"E 81.0~ feet; thence N61*47'24"E 229.63 feet; fl~ence N87056'41"E 114.11 feet; thence S55'11'31"E 212.12 feet; thence NSI*43'52"E 42.52 feet; thence S20'41'55"E 47.20 feet thence S56'38'44"E 262.01 feet; thence S75°09'05"E 148.31 feet; thence SAi°08'09,,E 124.82 feet; thence S71°10,58,,E 213.00 feet; thence S59°52'22,,E 76.49 feet; thence S89'54'31"E 186.89 feet; thence S27°09'13"E 41.73 feet; thence S71°I 0'58"E 40.00 feet; thence N87"06'5~ 65.19 feet; thence N78°43,22,-E 131.00 feet; thence N68'49'23"E 109.49 feet; thence SIM°IT'48,-E 53.45 feet; thence N53*43'OS"E 38.48 feet; thence N24°45,16-,E 57.20 feet; thence N69°I4'17"E 129.11 feet to a point which lies N88'44'06"W 172838 feet and S01°15'54"W 1505.12 feet fzom the Northeast comer of afoms~d S 1 I°59'55"E 562.93 feet; thence S79'48'17"W 435.12 feet; thence N41'25'55"E 328.65 feet; thence N27'49'01"E 181.41 feet; 148.85 fee. J; thence N45*50'IS"E 254.29 feet; thence N59'38'47~ N69'50'53"E 85.16 feet; thence N77'42'37"E 195.82 feet; thence 264.00 feet; thence $86°55'56-E 146.77 feet; thence S83'20'09"E 66.91 NSI'25'07"E 73.10 feet; thence S85'15'57"E 123.04 feet; thence 118.09 feat; thence S89"12'28"E 180.18 feet; thence 873'25'40"E 86.66 S79"23'58"E 452.00 feet; thence S74'05'17"E 213.38 feet; thence 194.45 feet; thence S23°49,00-E a distance of 1.60 feet; thence 370.21 feen; thence N'75OlT,32-E 76.02 feet; thence N57'03'58"E 37.97 N69°27'II"E 121.75 feet; thence N78'44'39"E 256.53 feet; thence 221.01 feet; thence N85°44'20"E 322.82 feet; thence N64'27'01"E 646.89 Page 2 of I 1 Florida Water Services Corporation Marco Shores Wastewater Service Territory feet; thence SI0o00,41,,W 95.52 feet; thence S22o10,40,,W 100.84 feet; thence S43°04'49"W 51.42 feet; thence S53~20,03,,W. 54.63 feet; thence S48o57,48,,W 42.61 feet; thence S72oi$,18,,W 100.41 feet; thence S85~2'02"W' 50.49 feet; thence S77°23'52'' W 50.00 feet; thence S67'11'38'W 50.80 feet; thence S81o58,18,,W 50.16 feet; thence S75o06,26,-W 100.08 feet; thence N75'07,41,,W 56.36 feet; thence S62°27'58"W 31.06 feet; thence N69o34,42,W 23.85 feet; thence S83o06,30,,W, 100.50 feet; thence S64o04,ST,W 127.37 feet; thence S54o09,59,,W 50.36 feet; thence S71°12'47"W 50.80 feet; thence S47~30,48,,W 51.42 feet; thence S28~23,23,,W 59.36 feet; thence S41'28'21"W 32.89 feet; thence S09'57'54"W 60.44 feet; thence S61°00'33"W 81.00 feet; thence N62o40,52,,W 90.14 feet; thence N81"45'22"W 62.80 feet; thence S73°41,22,,W 82.00 feet; thence S22'20'$7"W 25.61 feet; thence $41°12'37"W' 53.14 feet; thence S74°30,1T,W 51.42 feet; thence $59°$1,48-W 50.01 feet; thence S37~15,35,,W 54.63 feet; thence S27~5'03"W 59.91 feet; thence S53°36'08"W 100.84 feet; thence $36o18,24,,W 55.04 feet; thence S54°09,59,,W, 50.36 feet; thence S65'34'59"W 50.16 feet; thence S76°33,58,,W, 68.23 feet; thence S74°45'47"W 152.07 feet; thence $50°43,35,,W 51.66 feet; thence S36°55,54-W 56.82 feet; thence S69o52,28,-W 50.16 feet; thence $43o29,5T,W 32.31 feet; thence N45°22'26"W 56.65 feet; thence N61'08'06"W 57.79 feet; thence S8CP'25'08'%V 780.00 feet; thence S83o26,54,,W 880.00 feet; thence N74'I4'06'q,V 312.57 feet; thence N09°44'28"E 478.09 feet; thence N l 0°I 0'02"W' 250.15 feet; feet; thence. SS(Y'46'I6"W '~,'~ ,', .... thence N60o07,25-W, 73.30 o , , .,,.n.,.v.., zeet; thence S76°05,07, S71 52 39 "6/274.00 feet; thence S66°4 ,n~ . ..'W 548.79 feet; thence 8 .,,'W 240.07 feet; thence S24'29'4T'E 97.38 feet; thence S09o43,41-E 251.56 feet; thence S25°12,32,,E 101.27 feet; thence S00°28'35'"E 51.92 feet; thence SI 1'32'41'"'E 150.48 feet; thence $19'23'21"E 350.57 feet; thence S01°48,25,,E 80.91 feet; thence S29'06'28"W 79.59 feet; thence S37°33'04"W' 104.69 feet; thence S31o59,32-W, 54.23 feet; thence $53'37'44"W 50.01 feet; thence S33°58,04-W. 53.49 feet; thence S58°46,43,-W 100.24 feet; thence $54°46'28"W 50.00 feet; thence S69o53,03,q,V 103.58 feet; thence S84n,01 '24"W 57.31 feet; thence Ng6'II'39"W 53.99 feet; thence $81'34'21"'W 72.07 feet; Ira:ncc N86°56'34"W 103.58 feet; thence N76'24'25"W 50.16 feet; thence N61'37'45"W 50.80 feet; thence N67'IS'33"W 351.12 N79o48,10,W feet; thence N88e31,56,,W --.-,- teet; tlmace $10'27'42'W 53.49  et; thence S27'50'06"W 5009 e ..... fee-, -J~;~c,~ /q/b~'.,~8'lO,',~r 9t~l. ltt t'.~... ..~ ' ........ mence S49qS'14"W lS. 0 fee , x.~ tnOI-UI 4Z"W' 276 ge r---- .,. ..... N09°10'06"~ n,, ,., .... .v.. tcnn; ua:ace · .- ,-~ t.u,~ ~eet; thence N3'""' ........ _ o a.~ V't 1~.5.20 - ~ ~ ~a~ ~ ~W 41..,~'~ feet; , otb-no -~:~-W 21.67 ' ---"' Page 3 of 11 Florida Water Services Corporation Marco Shores Wastewater Service Territory N82°51'12"W 200.89 feet; thence Ng7"32'25"W' 168.11 feet to aforesaid proposed expanded Easterly Right-of-Way Line of State Road 95 I; thence N02'29'39"E along said proposed expanded Easterly Right-of-Way Line 122.92 feet to the Point of Beginning. AREA 2. MARCO ISLAND AIRPORT That certain parcel of land lying in and b~ng parl of SECTIONS 26 AND 35, TOWNSHIP 51 SOUTH, RANGE 26 EAST, Collier County, Florida and being more particularly described as follows: Commence at the Northeast comer of said Section 26, thence run NgS"44'06"W along the North line thereof, a distance of 1569.50 feet; thence leaving said North section line, mn S 12°00'00-E a distance of 1230.00 fe.~'t to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N78o00,00,,E a distance of 150.00 feet; thence SI2°00'00"E a distance of 70.00 feet; thence S46°01'10,,E a distance of 241.30 feet; thence S 12000'00"E a distance of 5250.00 feet; thence 841 o28,16,,W a distance of 168.00 feet; thence S78o00,00,,W a distance of 300.00 feet; thence N12o00,00-W a d/stance of 250.00 feet; thence S78'00'00"W a distance of 175.00 feet; thence NI2°00,00,,W a distance of 350.00 feet; thence N56OlI,55,E a distance of 188.48 feet; thence N I2°00'00"W a d/stance of 3560.00 feet; thence S78'00'00"W a distance of 350.00 feet; thence N12o00,00,-W a distance of 1170.00 feet; thence N77'59'56"E a d/stance of 350.00 feet; thence NI2°00,00-W a distance of 220.00 feet; thence N78o00,05,,E a d/stance of 150.00 feet to the POINT OF BEGINNING. AREA 3. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCIiL 1 That certain parcel of land, lying in and being part of MARCO BEACH UNIT TWENTY-FOUR, ~_cc~ing to the plat thereo~ as recorded in Plat Book 10, Pages 1 through 32, inclusive of tl~ Public Records of Collier County, Florida, and being mom particularly described as follow,t: Commence at the Northwest corner of Secgon 21 Townsh/p $1 South, Range 26 East Collier. County, Florida, said corner also being on the Northerly Plat Boundary of aforcsa, d Marco Beach Unit Twenty-Four. as shown o : S89°15'12"E along thc North line ofsaid Seeti,._ ,,, .... .n s~_d plat; thence run ,,- .~ ~no sam .Northerly Plat Boundary a distance of 1728.86 feet to the POINT OF BEGINNING of the hereinafter descn'bed parcel of land; thence leaving said line mn S49"36'28"W a d/stance of 37.27 feet; thence S35°50'33"W a distance of 48.14 feet; thence S13o'25,38,,W a distance of 46.42 feet; thence S40"30'32"E a d/stance of 65.84 feet; thence S80o57,56,,E a distance of 29.70 feet; thence S61'03'56"E a distance of 56.84 feet; thence 886o39,41,,E a distance of 32.99 feet; thence S54"'25'43"E a distance of 14.54 feet; thence S85'00'07"E a distance of 87.60 feet; thence N83o03,20-E a distance of 84.90 feet; thenc~ S86"07'07"E a distance of 62.04 feet; N60"25'I0"E a distance of 33.98 feet; thence d/stance of 65.99 feet; thence S82o14,36,,E a distanc~ of 54.02 feet; then Page 4 of 11 Flor/da Water Serv/ces Corporation Marco Shores Wastewater Service Territory a d/stance of 48.24 feet; thence S(X)O26,31,,W a distance of 165.55 feet; thence S07°53'30"W a distance of 90.46 feet; thence 805"38'47"W a distance of 86.74 feet; thence S61~26,16,,W a distance of 163.08 feet; thence S44'46'40"W a distance of 75.09 feet; thence $15o55,59,,W a distance of 99.92 feet; thence S77°52,27-,W a distance of 61.29 feet; thence N61'41 '53"W a distance of 99.75 feet; thence N49o38,27,,W a distance of 109.57 feet; thence N51o03,56,,W a distance of 140.40 feet; thence $87"41'06"W' a distance of 70.76 feet; thence S28o31 '49"W a distance of 44.05 feet; thence $03°03,23,,W a distance of 127.35 feet; thence S76'53'16'W a distance of 26.09 feet; thence N50°54'04"W a distance of 102.65 feet; thence N17'06'I8"W a distance of 28.75 feet; thence S82o29,19,,W a distance of 81.80 feet; thence $57'(X)'02"W a distance of 56.71 feet; thence S57~42,11"W' a distance of 38.76 feet; thence S21o59,33,,W a distance of 43.50 feet; thence S13Ol 1'32"'E a distance of 41.69 feet; thence $29o06,09,,W a distance of 62.36 feet; thence S02°56,44,,W a distance of 48.08 feet; thence $32o31,55,,E a distance of 65.41 feet; thence $57"21'24"E a distance of 95.58 feet; thence $81o29,50,,E a distance of 92.95 feet; thence $87°52,34-E a distance of 75.54 feet; thence NS0°33'26"E a distance of 44.92 feet; thence N46o55,08,,E a distance of 33.00 feet; thence S72o26,50,,E a distance of 98.77 feet; thence $53o48,03-E a distance of 82.08 feet; thence $31o18,40,,E a distance of 78.55 feet; thence $08°14,15-W a distance of 55.74 feet; thence S03o08,38,,W a d/stance of 58.83 feet; thence 815o48,08,E a distance of 66.84 feet; thence S48o23,37,,E a distance of 82.70 feet; thence N87o59,3i,E a distance of 120.75 feet; thence N73o07,05,,E a distance of 82.16 feet; thence N64°Ig'38"E a d/stance of 132.15 feet; thence NSlOlS,58-E a distance of 116.08 feet; thence S79o38,44,,E a distance of 93.19 feet; thence S63°17,25,,E a distance of 107.03 feet; thence S55o22,05,,E a distance of 127.27 feet; thence $40o34,24,,E a distance of 114.00 feet; thence S20o13,52,,E a distance of 62.48 feet; thence S03°47,54,,E a d/stance of 91.26 feet; thence S17o06,40,,W a d/stance of 109.57 feet; thence 800o39,43,,W a distance of 185.76 feet; thence S02o01,58,,E a distance of 65.53 feet; thence S03°22'54"W a distance of 116.09 feet; thence S22°09,30,,E a distance of 93.46 feet; thence S 14o'49,51 "E a distance of 346.19 feet; thence S6Cr'51 '33"W' a distance of 422.36 feet; thence S51oi5,2T,W a distance of 80.46 feet; thence N22"59'32"W a distance of 95.32 feet; thence N38o07,09,,W a distance of 108.54 feet; thence N56~25,35,,W a d/stance of 168.05 feet; thence NS0o08,17,W a distance of 63.25 feet; thence S05°16'54"W a distance of 61.79 feet; thence 803o30,35,E a distance of 71.57 feet; thence S15o23,16,,W a distance of 144.04 feet; thence $01°40,43,,W, a distance of 83.78 feet; thence S10o05,45,,E a distance of 114.91 feet; thence S02'~17,49,,E a distance of 79.59 feet; thence S50o22,42,,W a distance of 314.06 feet; thence S45°56,37,,E a distance of 101.79 feet; thence N47°Ig,00,,E a distance of 197.42 feet; thence N44o30,16,E a d/stance of 114.38 feet; thence S22o34,11,E a distance of 165.34 feet; thence S29°01 '36'E a distance of I01.27 feet; thence $43°43,36,,.E a distance of 137.42 feet; thence S50o31 '54"E a distance of 122.51 feet; thence S25~23,5a.,,E a distance of 63.73 feet; thence S0Io31 '02"'E a distance of 130.63 feet; thence $14o59,33,,W a distance of 127.76 feet; thence $22o53,46,,E a distance of 59.05 feet; thence S80°17,33,,E a distance of 140.84 feet; thence S89'58'36"E a distance of 125.76 feet; then¢ .~stl..~9.04..E a d/stance of 163.82 feet; thence N74°i3,30,,E a distance of 14~ N73°58'47"E a distance of 168.25 feet; thence N64'I3'I2"E a distm e of 1~14.$~~ MAY 2 0 Page :5 of I 1 Florida Water Servie~ Corporation Marco Shorea Wastewater Servi~ T~xitory thence N54°07'I6"E a distance of 169.10 feet; thence N32°02'38"E a di~.ance of 130.37 feet; thence NIS°42'29"E a distance of 44.02 feet; thence NI2°29'21"W a distance of 222.64 feet; thence NII°Ig'51"W a distance of 206.47 feet; thence N79°59'I3"W a distance of 52.12 feet; thence N42°39'56"W a distance of 58.90 feet; thence N03047'28"W a distance of 32.30 feet; thence N05°49'24"E a distance of 41.67 feet; thence N30°07'50"E a distance of 50.89 feet; thence N76"37'23"E a distance of 69.14 feet; thence S89°35'51"E a distance of 65.14 feet; thence $85°42'54"t! a distance of 197.79 feet; thence $$0'30'57"E a distance of !14.27 feet; thence N77"00'50"E a distance of 82.70 feet; thence N70°05'22"E a distance of 84.87 feet; thence NSI°05'23"E a distance of 82.46 feet; thence N21°24'52"E a distance of 136.15 feet; thence N01°47'25"E a distance of 71.02 feet; thence N06*I0'44"E a distance of 67.08 feet; thence S86°54'40"E a distance of 1783.70 feet to an intersection with the Westerly line of the Lee County Electric Cooperative Inc., Right of Way as shown on aforesaid plat of Marco Beach Unit Twenty-Four; thence N02°29'39"E along raid Westerly Right of Way line a distance of 2513.96 feet to an intersection with the Southerly Line of aforesaid Lee County Electric Cooperative Inc., Right of Way as shown on aforesaid plat of Marco Beach Unit Twenty-Four; thence NSIP58' 10"W along ~aid Southerly Right of Way line a distance of 766.20 feet; thence leaving said Southerly Right of Way Line N74°41 '38"W a distance of 49.68 feet; thence N74'08'I0"W a distance of 71.36 feet; thence NS0°I9'50"W a distance of 95.00 feet; thence NS0"32'I0"W' a distance of 77.65 feet; thence N81"26'I I"W a distance of 67.02 feet; thence N89"04'00"W a distance of 74.23 feet; thence S89°15'27"W a distance of 103.25 feet; thence S87"30'47"W a distance of 89.06 feet; thence N89"54'22"W a distance of 93.70 feet; thence $86'52'16"W a distance of 85.93 feet; thence N88°59'57"W a distance of 107.99 feet4 thence NSIP'I2'52"%V a distance of 113.17 feet; thence N89°36'01"W a distance of 126.65 feet; thence N08°34'58"W a distance of 36.32 feel to afonamid North Line of Section 21 and Northerly Plat Boundary of Marco Beach Unit Twenty-Four, said point bears N89°45'02"W a distance of 1150.39 feet from the Northeast comer of said t, ection 21; thence N89°45'02"W along said Line a distance of 1468.75 feet to the North % cemer of aforesaid Section 21; theaw, e N89°I5'I2"W along the North Line of said Section 21 and Northerly Plat Boundary of Maria} Beas:h Unit Twenty-Four · distance of 892.14 feet to the Point of Beginning. Containing 259.35 acr~ more or less. Page 6 of I I Florida Water Services Corporation Marco Shores Wastewater Service Territory AREA 4. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCEL 2 That certain parcel of land lying in and being part of aforesaid MARCO BEACH UNIT TWENTY-FOUR~ and being mom particularly described as follows: Commence at the Northwest comer of Section 22, Township 51 South, Rinse 26 East, Collier County, Florida, said comer also being on aforesaid Northerly Plat boundary of Marco Beach Unit Twenty-Four, thence mn S81F58'10"E along said line a distance of $72.38 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence continue S88'58'10"E a distance of 250.08 feet to its inter~eclion with the Westerly Right of Line of State Road No. 951 as shown on said plat; thence mn S02°29'39"W along said Westerly Right of Way Line of S.R. No. 951 a distance of 2(512.57 feet; thence leaving said Right of Way Line mn N88*21'06"W a distance of 250.03 feet to the Easterly Line of the aforesaid Lee County Electric Cooperative, Inc. Right of Way as shown on said plat; thence N02*29'39"E along said Easterly Right of Way Line a distance of 2609.87 feet to Point of Beginning. Containing 14.99 acres, more or less. AREA 5. MARCO BEACH UNIT 24 DEVELOPMENT AREA - PARCEL 3 That certain parcel of land, lying in and being part of aforesaid MARCO BEACH UNIT TWENTY-FOUR, and being more particularly d~'ribed as follows: Commence at the Northwest comer of aforesaid Section 21, Township 51 South, Range 26 East, Collier County, Florida, said comer also being on the Northerly Plat Boundary of Marco Beach Unit Twenty-Four, as shown on said plat; thence mn S89'15'12"E along the North line of said Section 21 and said Northerly Plat Bomxlary a distance of 1728.86 feet; thence leaving said line mn S49'36'25"W · distan~ of 39.96 feet; thence S35°50'33"W a distance of 48.14 feet; thence S13'23'3rW a distance of 46.42 feet; thence S40~30'32"E a distance of 65.84 feet; thence $80'57'~5"E a distance of 29.70 feet; thence S61~03'56"E · dimace of 56.84 feet; thence S86'39'41"E a distam~ of 32.99 feet; thence S54'25'43"E · distance of 14.54 feet; thence $85'00'07"E · distance of 87.60 feet; thence N83'03'20"E · distance of 84.90 feet; thence 886~7'07"E · distance of 62.04 feet; N60~'I0"E a di~,mce of 33.98 feet; th°ace N74'52'IS"E distance of 65.99 fee~; thence S82'14'36"E · distance of 54.02 feet; thence 850'05'53"E a distance of 48.24 feet; thence S0ff'26'31'~ a di~nce of 165.$5 feet; thence S07~53'30"W · distance of 90.46 feet; thence 805~'38'47"W ·dimace of 86.74 feet; thence S61'26'16"W · distance of 163.08 fee~; then~ 844°46'40"W · di~n~ of 75.09 feet; thence S15'55'59'qN' · di~r,e of 99.92 feet; then~ ST'P52'27"W a distance of 61.29 feet; thence N61°41'53'%V a dia~'w,e of 99.75 feet; thence N49*38'27"W · dimace of 109.57 feet; thence NSI'03'56"W a diatance of 140.40 fee~ thence 887'41'06"W · distance of 70.76 feet; thence 828'3 l'49'q,V a dima~e of 44.05 feet; Ih°ncc a distance of 127.35 feet; thence S76'53'16"W N50~54'04"W · di~ of 102.65 f~'~; thence Page 7 of 11 Florid~ Water Service~ Corporation M~'co Shor~ Wi~tc'water Service Tc'n'itory thence S82029' 19"W a distance of 81.80 feet; thence S57"00'02"W · dimace 56.70 feet; thence S57°42'11'W · distm'~ of 38.76 feet; thence S21'59'33"W · distance of 43.50 fcct; thence S13°! 1'32"E · distance of 41.69 feet; thence S29'06'09"W · distance of 62.36 feet; thence S02'56'44"W · di~7.e of 48.08 feet; thence S32°31'$5"E · dista~ of 65.41 feet; thence S57'21'24'E · dist~ce of 95.58 feet; thence S81°29'50"E a distance of 92.95 feet; thence S87°52'34"E · dis~nce of 75.54 feet; thence NS0'33'26"E a distance of 44.92 feet; thence N46°55'08"E · di~xr,~ of 33.00 feet; thence S72°26'50"E a distance of 98.77 feet; thence S53'48'03"E ,~ dis~ce of 82.08' feet; thence S31°18'40"E · di~nce of 78.55 feet; thence S08'14'15"W · di~ of 55.74 feet; thence S03008'38"W · distance of 58.83 feet; thence S15'48'08"E · distance of 66.84 feet; thence $48'23'37"E · dist~ce of 82.70 feet; thence N87'59'31"E · distance of 120.75 feet; thence N73"O7'05"E · distance of 82.16 feet; thence N64°IS'38"E a distance of 132.15 feet; thence NSIOlS'58"E · distance of 116.08 feet; thence $79°38'44"£ a distance of 93.19 feet; thence S63017'25"E a distance of 107.03 feet; thence S55°22'05"E · distance of 127.27 feet; thence S40034'24"E · distance of 114.00 feet; thence S20°13'52"E · distance of 62.48 feet; thence S03°47'54"E · distance of 91.26 feet; thence S1T'06'~ a distance of 109.57 feet; thence S00°39'43"W a distance of 185.76 feet; thence S02°01'58"E · di~mce of 65.53 feet; thence S03°22'54"W a distance 116.09 feet; thence S22'09'30'E · di~ance of 93.46 feet; thence S14°49'51"E a distance of 346.19 feet; thence S60"51'33"W · distance of 422.36 feet; thence S5 I°I 5'27"W a distance of 80.46 feet; thence N22'59'32"W · distance of 95.32 feet; thence N38'07'09"W · distance of 108.54 feet; thence N56'25'35"W · distance of 168.05 feet; thence NS0')08'I7"W a distance of 63.25 feet; thence S05°16'54"W a distance o f 61.79 feet; thence S02°30'35"E a distance of 71.57 feet; thence S 15'23' 16"W a distance of 144.04 feet; thence S01°40'43"W · distance of 83.78 feet; thence SI0°05'45"E a distance of 114.91 feet; thence S02°17'49"E · distance of 79.59 feet; thence S50°22'42"W a distance of 314.06 feet; thence S54°49'19"W · dist·nce of 37.65 feet; thence S44°08'50"W · distance of 53.84 feet; thence S34'27'01"W · distance of 39.89 feet; thence S32'44'38"W a distance of 50.86 feet; thence S22°I 1 '06"W · distance of 47.24 feet; thence S23'20'40"W · distance of 43.45 feet; thence S33'05'13"W a distance of 41.76 feet; thence S37'40'20"W · distance of 31.00 feet; thence S55'25'44"W a distance of 60.09 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence $80'50'09"W · distance of 31.68 feet; thence S83'27'16'W · distance of 73.62 feet; thence S81°33'18"W a di~mce of 68.34 feet; thence S79'48'05"W a distance of 68.71 feet; thence S73'26'14"W · dimnce of 56.08 feet; thence S58"50'45"W a distance of 70.95 feet; thence S37'46'23"W · di~ of 70.27 feet; thence S17°42'35"W · dimnce of 60.65 feet; thence S07'24'36"E a distance of 63.55 feet; thence S27'15'44"E · di~nce of 63.76 feet; thence S43'25'27"E · dimnce of 64.58 feet; thence S75'30'44"E ~ dimmce of 81.41 feet; thence N79'II'34"E · di~ce of 88.77 feet; thence NTI'05'31"E ~ distance of 76.93 feet; thence N52~51'55"E · distance of 72.16 feet; thence N38'I5'30"E · distamm of 71.02 feet; thence lq28'47'21"E a distance of 57.10 feet; thereto NIS'I6'22"E · di~nce of 77.62 feet; thence Ni2'22'19~ a distance of 83.59 feet; ~ N25"23'07"W · di~.,~ of 59.51 feet; thence S80"50'09"W a ~ of 48.08 feet to th~ Point of Begirming. ~d Containing 3.22 ~ mom or ie~. I MAY 20 Page 8 of 11 Florida Water Services Corporation Marco Shores Wastewater Service Territory AREA 6. ISLES OF CAPRI DEVELOPMENT AREA - PARCEL 1 A parcel of land lying in DEVELOPMEWF TRACT-A of COLLIER-READ TRACT MAP, according to the plat thereof, a~ recorded in Plat Book 8, Pages 46 and 47 of the Public Records of Collier County, Florida, and being mor~ particularly described az follows: Commence at thc int~ion of the North tract boundary of ~aid Development Tract-A and thc Westerly Right of Way Line of State Road No. 951, ~aid inter~-'lion being shown on aforesaid plat as Point Number 5, thence nm S02'29'39"W along said Westerly Right of Way Line a distance of 268.09 feet; thence continue along ~id Westerly Right of Way Line N87°30'21"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radiu~ of 3887.79 feet; thence Southerly along ~aid Westerly Right of Way Line and the arc of ~aid curve through a central angle of 01°32'15.' an arc distance of 104.32 feet to the POllq'r OF BEGINNING of the hereinafter described parcel of land; thence leaving ~,aid Westerly Right of Way Line and the arc of said curve run NS'F23'35"W a distance of 4.50 feet; thence N57'08'51"W a distance of 17.89 feet; thence N63'33'I9"W a diatance of 14.79 feet; thence N61°23'0Y'W a distance of 15.70 feel; thence N61*51'42"W a distance of 17.44 feet; thence N69°39'54"W a digance of 16.12 feet; thence N$2*25'54"W a di~ce of 19.93 feet; thence N86°04'50"W a distance of 33.46 feet; thence N77'B9'37"W a distance of 16.07 feet; thence NT'F46'21"W a dirtance of 20.32 feet; thence N84°54'12"W a distance of 22.80 feet; thence N85°41'44"W a distance of 16.64 feet; thence N87"I2'40"W a distance of 2.04 feet to the Easterly Line of that certain 100 foot wide, Lee County Electric Cooperative Inc., Right of Wa~ thence continue N$7'I2'40"W a dia~ance of 22.88 feet; thence S88'50'07"W a distance of 1520 feet; thence $$:3°50'52"W a distance of 17.97 feet; thence S81~44'32"W a distance of 13.16 feet; thence $gg'35'05"W a distance of 15.91 feet; thence N74°09'04"W a distance of 15.80 feet lo the Westerly Line of the aforesaid I00 foot wide, Lee County £1ectd¢ Cooperative, Inc., Right of Way, thence, continue N74°09'04"W a distance of 7.40 feel; thence N79*25'25"W a digance of 18.09 feet; thence N64'5 I'02"W a digance of 17.58 feet; thence N60'22':31"W a distance of 12.74 feet; thence NS0'I3'36"W a di~ance of 16.47 feet; thence N43'$7'28"W a distance of 24.09 feet; thence N42'IS'28"W a dimxw~ of 16.78 feet;, thence N25°38'2T'W a distance of 16.96 feet; thence N38'04'56"W a diatance of 11.40 feet; thence N31°34'39"W a di~ance of 28.66 feet; thence N27'$:3':36"W a dimnce of :31.02 feet; thence N24°47'4:3"W a di~ance of 26.99 feet; thence N11'04'$:3"W a distance of 25.44 feet; thence N00~27'01~ a diatance of 20.44 feet; thence N22'40'11"E a ~ of 31.91 feet; thence N19~38'21"E a distance of :32.42 feet; thence N25*I0'26"E a distance of 25.88 feet; thence NI4'28'35"E a distance of 9.79 feet; thence N26*42'4Y"'E a distance of 14.0:3 feet; thence N49~25'35"E a dimnce of :3:3.67 feet to a point of intersection with afore~d North ~ boundary of Dm~lol:nnent Tract-A, ~id point being on the arc of a circular curv~ concave to the Soothea~ having a feet and bears N02'26'34"E from the center of the circle of said Page 9 of I 1 Florida Water Services Corporation Marco Shores Wast~vater Service Territory along said North tract boundary and the arc of said curve, through a central angle of l 8'48'06" an arc distance of 32.$2 feel to a point, said point bearing N16*21'32"W from the center of the circle of said curve; thence leaving said North tract boundary and the are of said curve, run S46'43'15"W a distance of 17.47 feel; thence S53°13'05"W a distance of 26.23 feet; thence S46°I0'20"W a distance of 21.43 feet; thence S55'35'05"W a distance of 14.26 feet to a point of intersection with the aforesaid North tract boundary of Development Tract-A and the arc of aforesaid eur~e concave to the Southeast having a radius of 100.00 feet, said point bears N63*01'05"W from the center of the circle of said curve; thence Southerly along said North h-act boundary and the arc of said curve through a central angle of 24*29'45" an arc distance of 42.75 feet to the point of tangenc~, thence continuing along said North tract boundary S02'29'I I"W a distance of 179.73 feet to the point of curvature of a circular curve concave to the Northwest having a radius 60.19 feet; thence Southerly along said North tract boundary and the are of said curve through a central angle of I l 1'38'54" an arc distance of 117.29 feet to the point of tangency;, thence continue along said North tract boundary N65'SI'55"W a distance of 1.33 feet to the point of curvature ora circular curve, concave to the Northeast having a radius of 1310.08 feet; thence Northwesterly along said North tract boundary and the arc ofcurve, through a central angle of 05'I I'07" an arc distance of 118.56 feet to a point, said point bears S29°19'1 l"W from the center of the circle of said curve; thence leaving said North tract line and the arc of said curve, run N89°35'3T'W a distance of 31.60 feet; thence S82°41 '$7"W a distance of 12.64 feet; thence S63'56'15"W a distance of 12.19 feet; thence S46'54'04"W a distance of I 1.88 feel; thence S29'07'43"W a distance of I 1.32 feet; thence S04°17'50"E a distance of 17.62 feet; thence S12'14'50"E a distance of 12.22 feet; thence S05~)0'59"E a distance of 19.19 feet; thence S31'13'55"E a distance of 10.06 feet; thence S54°58'16"E a distance of 20.26 feet; thence S71'41'07"E a distance of 19.05 feet; thence S60°09'25"E a distance of 18.70 feet; thence S41'40'03"E a distance of 24.06 feet; thence S46°51'40"E a distance of 34.51 feet; thence S47°24'39"E a distance of 25.94 feet; thence S29"00'20"E a distance of 64.11 feet; thence S19°50'40"E a distance 23.79 feet; thence S04°09'10"E a distance of 27.81 feet; thence S04°49'30"E a distance of 30.02 feet; thence S00'19'39"W a distance of 50.55 feet; thence S08°41'17"E a distance of 35.82 feet; thence S54'43'23"E distance of 56.80 feet; thence S68.27'39"E a distance of 22.20 feet; thence S71'41'07"E a distance of 38.09 feet; thence S72°56'15"E a distance of 57.15 feet; thence S59'26'35"E a distance of 47.41 feet; thence S24°12'18"'E a distance of 23.47 feet; thence S07°15'17"W a distance of 26.20 feet; thence S50~50'56"W a distance of 21.61 feet; thence S62°02'37"W a distance of 43.04 feet; thence S56°46'06"W a distance of 21.31 feet; thence S62°47'37"W a distance of 30.28 feet; thence S34'28'08'"W a distance of 34.58 feet; thence S85°10'14"W a distance of 30.77 feet; thence Ng4*OT'55"W a distance of $5.18 feet; thence N78°43'58"W a distance of 43.01 feet; thence N$5*33'28"W a distance of 26.47 feet to the Northerly Right of Way Line of State Road No. 951-B, said point being on the arc of a circular curve concave to Northeast having a radius of 1860.08 feet and bears S20°00' 10"W from the center of the circle of said curve; thence Southeasterly along said Northerly Right of Way line and the arc of said curve through a central angle of 05°48'53" an arc distance of 188.77 feet to the point of tansenc)e, along said Northerly Right of Way Line a distance of 181.79 feet Page lOofll Florida Water Services Corporation Marco Shores Wastewater Service Ten'itory Westerly Line of the Lee County Electric Cooperntive, Inc., Right of Way;, thence continue S75°48'43"E along said Northerly Right of Way Line of State Road No. 951-B a distance of 102.12 feet to the aforesaid Easan4y Line of the Lee County Electric Cooperative, Inc. Right of Wa~ thence continue S75'48'43"E along said Northerly Right of Way Line of State Road No. 951-B a distance of 139.13 feet to the aforesaid Westerly Right of Way Line of State Road No. 951 and the arc of said curve concave to the West having a radius of 3887.79 feet, said point bears S76°19'40"E fn~rn the center of the circle of said curve; thence Northerly along said Westerly Right of Way Line and nrc of said curve, through a central angle of 09'38'27" for an arc distance of 654.17 feet to the Point of Beginning. Containing 8.53 acres, rnor~ or lin. LESS AND EXCEPT from the above described parcel of land lying in aforesaid Development Tract-A, that portion being more particularly described as follows: Commence at the intersection of the North tract boundary of said Development Tract-A and the Westerly Right of Way Line of State Road No. 951, ~afid interaection being shown on aforesaid plat as Point Number 5, thence nm S02"29'39"W along said We~'terly Right of Line a distance of 268.09 feet; thence continue along ~aid Westerly Right of Way Line N87"30'21"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radius of 3887.79 feet; thence Southerly along raid Westerly Right of Way Line and the are of raid curve through a central angle of 01032' 15" an arc distmge of 104.32 feet; thence leaving raid Westerly Right of Way Line and the arc of said curve run N57°23'38"W a distance of 4.$0 feet; thence N57°08'51"W a distance of 17.89 feet; thence N63033'I9"W a distance of 14.79 feet; thence N61°23'0Y'W a distance of 15.70 feet; thence N61"$1'42"W · dig·nee of 17.44 feet; thence N69°39'54"W a distance of 16.12 feet; thence N82"25'54"W · distance of 19.93 feet; thence N86°04'50"W · distance of 33.46 feet; thence N77*39'37"W · dial·nee of 16.07 feet; thence N77046'21"W · distance of 20.32 feet; thence N84°$4'I2"W · distance of 22.80 feet; thence NgS°41'44"W · distance of 16.64 feet; distance of 2.04 feet to the Easterly Line of that certain 100 foot wide Lee County Electric Cooperative, Inc., Right of Way and the POllq'r OF BEGINNING of the parcel of land hereinafter described; thence continue Ng'PI2'40"W a di~mga: of 22.88 feet; thence S88°50'0T'W a distance of 15.20 feet; thereto S83':50'52"W a dig·mm of 17.97 feet; thence S81°44'32"W · di~mce of 13.16 feet; them~ Sgg~:5'0Y'W ~ distaxw, e of 15.91 feet; thence N74°09'04"W · distance of 1:5.80 feet to th~ Wear Line of atbreraid Lee County Electric Cooperative., Inc., Right of Way; thlm~ 802'29'39"W along raid West Right of Way Line · distance of 64.4.08 feet to the Nortlm'ty Right of Way Line of State Road No. 95 I-B; thence along tatid Northerly Right of Way Line nm S7:5°48'43"E · distance of 102.12 feet to the aforesaid East Line ofthe Le~ County Eleetrie Cooperative Inc., Right of Wa~ thence N02'29'39"E · distnnce of 668.22 feet to the Point of Beginning. - Containing 1.50 acre~, mot~ or less. NM 2 0 ~37 - Page 11 ofll Florida Water Services Corporation Marco Shores Waslewater Service Territory Thus, the total acreage of the lalcs of Capri Development Area - Parcel I is 7.03 acres, more or less. AREA 7. ISLES OF CAPRI DEVELOPMENT AREA - PARCEL 2 A parcel of land lying in aforesaid D~v'ELOPMENT TRACT-A, of the COLLIER READ TRACT MAP, according to the plat thereof, as tec, otded in plat Book 8, Pages 46 and 47 of the Public Records of Collier County, Florida, and being more pm'ticularly described as follows: Commence at the intersection of the North Ixact boundary of said Development Tract-A and the Westerly Right of Way Line of State Road No. 951, said intersection being shown on aforesaid plat as Point Number 5, thence ran S02~29'39~ along said Westerly Right of Line a distance of 268.09 feet; thence continue along said Westerly Right of Way Line N87030'21"W a distance of 40.00 feet to the point of curvature of a circular curve concave to the West having a radius of 3887.79 feet; thence Southerly along said Wcsterly Right of Way Line and the arc of said curve through a central angle of 12°39'07" an arc distance of 858.49 feet to the Southerly Right of Way Line of State Road No. 951 -B, said point bears S74'5 I'14"E from the center ofthe circle of said curve; thence along said Southerly Right of Way Line of State Road No. 951-B, nm N75°48'43"W a distance of 220.17 feet to the POINT OF BEGINNING ofthe hereinafter described parcel of land said point al~o being the We~efly Line ofaf~d Lee County Electric Cooperative, Inc., Right of Way, thence continue ·long ~aid Southerly Right of Way Line of State Road No. 951B N75*48'43"W · dig~7,e of 202.49 feet to point of curvature of a circular curve concave to the Notlhe~ having · radius of 1960.08 feet; thence Northwesterly along said Southerly Right of Way Line and the ~rc of ~aid curve through a central angle of 06'18'38" an ·re dimm:e of 215.89 feet to · point bearing S20"29'55"W from the center of the circle of ~id curve; thence leaving ~fid Southemly Right of Way Line and the arc of raid curve nm S20n09'27"W · di~tanc, e of 48.22 feet; thence S75°15'48"E a distance of 137.08 feet; thence S74'13'46'~ · di~mce of 71.04 feet; thence S75'25'05'E · distance of 131.88 feet; thence S67'18'17"E · distance of 75.62 feet; thence S63°17'I0"E · dimmce of 20.24 feet to the d'ore~d Westerly Line of Lee County Electric Cooperative, Inc., Right of Way; thence N02*29'39"E · distance of 57.02 feet to the Point of Beginning. Containing 0.41 acres, more or le~. AC'd3~ HAY 2 O ;237 - BOARD OF COUNTY COMMISSIONERS MISCI~I,ANEOUS CORIU~YONDI~CE MAY 20, 1997 Certificate of ~ NEED MOTION ~ fl~ ~ ~ ~i~ ~ of Correction to the ~x ~ ~~ by th~ Pmpmy AMni~F~ Offi~. RECO~ APPROVAL 2. lViI SCELLANEOUS IT~ TO Frl.I::- FOR RECORD WrTH ACTION AS DIRF~: Port ofthe Islands ~ Imptov~ ~ - meefi~ notice for May 15 1997. 4. Minute~: Ao Pelican Bay MSTBU Adviso~ ~ - Mat~ $, 1997 nnd a~ndn for Ap61 2, 1997 and AixO 9, 1997. Refetml~o BCC. Immokalee Be~fif~ion M.S.T.U. Advisory ~mltt~e - March 19, 1997 and for Ap61 16, I 997. Refm~ to BCC. Collier County Health De~ Advisory Board - March 24, 1997 and agenda for April 28, 1997. Referred to BCC. Eo Fo HAY 20 RECOHMEND THAT THE COLLZE~ ~ C~MIBSX0~ ENDORSE TH~ ~NXTED STATES DEP~~ OF ~X~ ~~ ~~ ~~ ~ ~ ~ F~~ ~ ~TXPX~TX~ ~T ~. ~ ~a~ ~he Collier Co~=y C~esion endorse =he United States Department of Justice F~eral ~i~le Sharing Agree~nt and the Federal ~ual Ce~ifica~ion Re~r= fo~. ~ ~e Collier C~n=7 Sheri~f's Office par=icipates in joint investiga=ions in which ~he Sherif~'. O~ice wi~h~easu~ law investiga~ive agencies enforce ~eral cri~l laws. ~cal law enforce~nt agencies that directly or indi~ctly participate in an investigation or prose~tion t~t ~lt i~ a f~eral forfeiture by a Treasu~ agen~ ~y r~est ~ ~it~le S~re of the net proceeds of the forfeiture. ~e Sheriff's Office ~ri~ically re~ests e~it~le sharing fr~ the ~set Forfeiture ~d Money Laundering Section of the ~~nt of Justice. ~rsu~t to E~itable Sharing of F~erally Forfeit~ Pr~y for State ~d Local Law Enforce~nt Agencies ~idel~es, the ~~nt of Justice re~ires the ~ssion of F~e~l ~it~le S~ring Agreement and Federal ~ual Ce~ificati~ R~ fo~ as a prere~isite to the a~~l of ~it~le s~i~ ~ests. ~e fo~ need to~ endors~ the authoriz~ ~~le official of the gove~ing ~y or his desi~. ~ Requested equitable share revenues will be accounted for separately in Fund 602. Ftu~s will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revmuues will be received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. None. ~ATIOBt That the Collier County Co~mission endorse the United States Department of Justice Federal ~uitable Sharing Agreement and the Federal Annual Certification Report forms. PREPARED BYI APPROVED BXz DATE 2 0 '{$97 ITEM FILR NO.: ROUTED TO: (Pleaoe type or prJ. n~ Date: To: Office of the County Attorney, From: Crvfl~.al K- Kifl~~~ --, ~ (Dlviei~) Re: Attention: ~ BACKGROUND OF REQ~IEST/PROBLEMt (~e~lh problm ~nd gin bsek~.Nnd l~oruetim - ~ oue~fl~, onuol~, and ~l~}&~Af~d)* The Sheriff's Office participa=es in cases with U.S. Treasury investigative agencies to enforce federal criminal laws. In order to receive federal equitable sharing funds, the Chairman of the Co%mty Co~Lssiori has to sign the Federal Equitable Sharing agreement and the Feder&lAnnual Certification Report forms. If Foe, at~.ueh and re£ez'lnCe thJ., THIS ITEM KAS/KA~_H9~ BEEN (If previously fruStum/trod. ~:)Y*M ACTI~ REQUESTED ~Legal a~r~al of Zden~.Lfy exac~Xy vbtt yqov need L.n ~ vty of ~egal oer~ooo. request/forum. ACaE~DA I]'E~ ~ - .',. ,Al2 0 FEDERAL ANb~AL CERTIFICATION REPORT Agency: CoIi£er County Stm~'iff'e NClCCode: rk,O'llOOOO - Address: 330i ~_.~n~ ~'a£1 p'.,,.Rt., _~,tl~J_NI 3, _~!~l_u, ~, ContaCt Person: ~,ttorneY Bank P, ou~ng Code and Account, Number for EFT Purposes:_ Check one: rn Police Dept in Sheriff Del~ El Tn~k Force Your Fiscal Year Ends on: 9/9'/ Fax Number:. (~41) 79~-9195 ['] prosecutm's Office 1. Beginning Equitable Sharing Fund Balance (your fiscal year) 2. Federal Sharing Funds Received (during your fiscal year) 3. Interest Income Acc. rued 4. Total Equitable Sharing Funds (total of items 1 - 3) 5. Federal Sharing Funds Expended (total of items aA below) 6. Equitable Sharing Fund Balance (subtract item 5 from item 4) DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS I~ O~er g. h. i. ..~ Treasury Funds $ o $..o $ o $ o $ *o $_'o $ .o $ .o $_~o ! $_ (o $_0 ., $ o Total spent on salaries (see Treasury and DOJ Guides) $ 0 Total spent on informant payments $ 0 Total spent on travel and training $ O Total spent on communications and computers $ 0 Total spent on firearms, weapons, body armor Total spent on electronic surveillance equipment Total spent on building and improvements Total spent on other law enforcement expenses (attach list) Total pass through (attach list of recipients) $ 0 $._0 ,,, $.0 $ 0 $ 0 $_0 $ 0 $ 0 $ 0 , 0 $ 50t4?0e900.00 for OCSO Sa/A Total annual law enforcement budget for your jurisdictic~n for current fiscal year k. Total annual budget for non-law enforcement agencies for current fiscal year Total annual law enforcement budget for your jurisdiction for prior fiscal year m. Total annual budget, for non-law enforcement agencies for prior fiscal year 5 Tale (Prlni o~ Type) VALID THRU Contact Person: 9/9/ 34112 NC, IC Code: Agency Fiscal Year Ends on: Bank Routing Code'and Account Number for EFT Purposes: _ Telephone Number. (941) '793--9292' Fax Number (94].) 793-9195 Check one: I::] Police Dept 131Shedff DeFt 1:3 Task Force C] ProsecutoCs Office 1:3 Other This Federal Equitable Sharing .agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement agency, and (3) the govemktg body sets forth the requiremefl~ for INIIlJCipafion in the federal equitable sharing program and Itm ~ upofl the use of federa~f forfeited ~ prope~, proceeds, and any interest earned thereon, which are equitably shared with participatitlg agellde$. By their signatures the parties agree that with respect to an shadng requests, they wB be bound by the guidelines that regutate shared assets and the following requirements for pa~cipation in the federal equitable sharing program. 1. Submission Date. This agreement must be ~ to bolh the Depadment of the Treasury and the Department 6f Justice (at the addresses shown) in accordance wrdl the inMruc~ofls that are received from the respa .c~ve departments or as outlined in thelr individual Guides. Executve Office for Asset Forfeiture U.S. Department of the Treasury Washington, DC 20220 Asset Forfeiture and Money Laundering Section Cdminal Oivisio. U.S. Department of Jusltce P.O. Box 27322 Was~ngto~ DC 20038 Signatories. This agreement must be signed by the head m designee of the law enforcement agency endthe authorized rasl>on$ible official or designee of the governing body. Receipt of the signed agreement Is a prerequisite to receiving any equitably shared cash, pmpe~, or proceeds. Uses. Any shared asset shall be used fo~ law enforcement puqxrses in accordance v,-~th the guidelines, and spectlled in the equitable sharing request (elth~ · formTO F 92-22.46 or a form DAG-71) sutxrdlted by the requesling agency. Any and all reque~ fo~ a change in use of cash, property, or proceeds from that specilied in the equitslde sharing request must be sut~r~tted in wdting to the address of the approlxiate agency ahow~ in item 1. Transfer3. Before the Undersigned law enforcement agency transfers cash, property, or proceeds · llrst that the receivl~ agency has a current and to o'd~r taw enforcement agencies, it must redly valid Federal Equitable. abating Agreement on ale with the Department of the Justice. I! there is no agreement on tile, the u agency must ebon one from the receiving agency, and forward It to the I~~ t~ansfen'ed should A list of recipients, their addresses and the amount bit'~tta~:l~ internal Controls. The par~es agree to account separately for federal equitable sharing funds received from the Department of the Treasury or the Department of Justica, La., Treasury funds will be tracked separately from Justice funds. Interest income generated should be deposited in the appropriate federal forfeitm'e fund account. Fund~ from~ ae~d Iogal fodeitutes and other sources will not be commingled with the accounting for other federal equitable shadng funds. The par~es further agree I/mt such accounting will be subject to the standard accounling requirempnts and prac~ces employed for oth~ SUCh I:RIt~¢ ~ aS ~lppletne~ by requirements set fo~ In the currant e~on oflhe ~ of the Treasu~s Guide to Equitable Sharing for Forelgn ~ end Feclm~, ~ta~e, arid Local Law Enforcement Agencies (Treasury Guide}, or the Department of Juatlce's A Gufcle ~o ~ ~harJng of FederaUy Fo#el~! Property for State and Local ~ Enforcement ~~ (Suite @uide). The accounting for shared funds must be sutm~ted In the formet shown on the Annual Ce~fical~on Report contained in Ix~ the Trea.~ury Guide and e~e J~ Gu/de. The rrisuse or rrisa~:~cation olrsharad resources or the supl:~ant~oh of e~'ling resources with shared assets is pmldbited. Failure to comply with any pmvisk:m oflt~ agreement shall subject t~e recipient agency to the sanc~ons stipulated in the current ed'~on of the Treasury or the Justice Gu[des, depending on the source of the funds or property. ._.. Annual Certification Report. The recipient shall sut:xtit an Antmal Cefl~icellon Report to the Department of~e Treasury ~ Itm Department of Justice (at the addresse~ shown in Item 1) and provide a copy to the Urlted S~es Attorney in the district in vd~ich the redplent agency is located. The Annual Certiication Report must be subrr~ed In $ccordattce ~ the instm~ons that are appEcable to either Treasu~, ~' Justice as out, ned in their Indiv~ual Gules. Recetl:~ of the Annual Certifica~on Report is a prerequisite to receiving any futm-a equitably shared cash. property, or proceeds. Annual Audit ReporL If cash, ixoperty, and proceeds valued at mole ~ $100,000 are received in a single fiscal year from the Treasury or Justice equitable abating program, or if a federal l*offeiture fund accoC~ balance of more than $100,000 is mailltsined, the law enforcement agency and the goveming body agree to conduct an annual audit of any fullds or proparty received or expended to ensure compliance with this agreement and all applicable statutes and po~cies. The audit report must be submitted in accordance with the Coml~ance Requirements and Audit Procedures found in both the Treasury and Justice Gtddes. 'T'he recipient agency shall subrrit a copy of the aud'R to the Department of the Treasury or the De partment of Justice and Ute United States Attorney in the district In which the recipient agency is located. The audit report must be subrritted within 1la0 days foltowing the close of the undersigned law enforcement agency's fiscal year. For the law ettforcement agencies that meet me threshotd amount, receil~ of the audit report is a prerequisite to receidng atiy future equitably shared cash, property, or proceeds. Under pena~ of perjury, the Treasury and JusUce Guides Don I~mtec .4/2-3/cJ7 ~ or Type name) Date ~...~ignaiure) Sheriff ' TiUe (Print or Type) (Print or Type namo) Authorized eespamable _Ofl~ial of.A. GEI'.D.A. IT,E~I~. the Goveml~ Body or I MAY 2 0 :. ;,w~..:a.W-~.~.~ ~)~.: .... .: RRCOMMENDATIC~ TO THE BOARD OF C(K~F~Z C(~ISSZ~ TO ~I~ STA~S D~~ OF ~~, O~Z~ OF ~~ ~ To gain Boa~ of C~=y C~ss~ers accept~ce of the Grants to Encourage ~res= Policies awa~ ~ the rela=~ a~ndment. CONSIDE~TI~: ~ Septe~r 3, 1996, the ~ of C~ty Co~issioners agre~ to ac~ as the c~i~=ing ~i= oE g~e~nt and approved the a~lication for the UniC~ States ~~nt of Justice, Office of Justice Pr~ra~ Grits to ~c~rage ~rest Policies pr~ram. On April 4, 1997, the ~iC~ States ~~nC oE Justice, Office of Justice pr~ra~ award~ the Sheriff's Office the Grits to Encourage Arrest Policies gr~t. ~e Board of Co~Uy C~ssioners ne~s to accept the awa~ ~d the authorized official of the local c~ina=ing ~iC oE g~e~nt needs to officially endorse the ~2 ~ ei~ing =he award document 8. ~S~ I~A~z ~e eighteen ~nth grant awa~ is Eot $156,440. A local ~tch is not r~ir~. fUnding is not avaxAaDle &= =n.e payroll costs will either be aDsorDe~ %o'normal attrition, or approval for funding or reallocation o£ any positions will be requested fro~ the board. G~ants to Encourage Arrest .oxxc~e....L. and approve the corresponding budget pREPARED BY: APPROVED BY: ~inance(~lLz~c~or ~heriff DATE: ~? 5. 1997 jh/a:xs.gta ,' I~_~ MAY 2 0 -J t Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 33962 Telephone (AC 941) 774-4434 May 5, 1997 Timothy L. Hancock, Chairman Board of County Ccm~niseioners 3301 East Tamiami Trail Building F Naples, Florida 34112 Re: Grant Program funding Dear Commissioner Hancock: This letter is about continuing suppor~ of this grant after the grant is terminated or the grant period ends. The one and a half positions su~portod for eighteen months by the Grants To Encourage ArresCPolicies fUl~ing will either b e absorbed through vacancies arising due to normal attrition, or a budget amendment for funding or reallocation will be ~tted to the board. jh/a:cgbu M ,Y 2 0 I 97 · ~ D~ D°~ ~ D~- CoxXLsr 4::~NmCT S~)c;zJJr~f~ Z--/'Y~wOt ],o. AWAKD 97.-tqE-vX- OO22 eJ;o~r/ To ee/)x/J= ......,...---- ~ ~' fiuvxou jfoJo M,mi'r I e.ee -------- ~ ANOUli'T O1' 'LI:ZS &1Gild $ 2J4.E40.# MOlD $ ~.S4,440.oo ~2. SffJu::7-~, c:1:mnrl~c:s~ (C:h44k, f,£ ~q~LLr, obl*) CXf TlX ATT]~IID X0 fid(f) D T XTLJ X2 OF 'L'ER v~V~l3G3,m dv~,,~,.fs ~ ~--- . 42 O.f.C. lg0X, ST. JIQ., ~,f ~ ., [-'] y~C'FZxi or cxxxz ~ of' 2Jl4, 43 U.I.C: ZOSe]., Sr. S~Q., l~lLZC LAM J8-4']$, Jd ~* ~ ~ 4eeo/3 (Ba, v. S-l?) I, tl'v'A'oas SO~TZC~,LUalIM,rAI. 0 O ,~,uc'r~m/ 97-~E-VX-O022 I~~ A~ril ~ 1997 ,,.' ~" ~PECI~ CO~ITIONB 1. The recipient a~ree, to oompX~ with the ~inanolal and adminiskrative ~e~ir~ents set ~orth in the ~r~ent edition o~ the oE~ice cE ~ustioe Proq~s (O~) Financial Oui~e. 2. The recipient a~ees to comply with the o~anizationaX audit remitments cE the a~li~le ~ audit circle. ~e audik ~epork pe~t~ should be for ~tober 01, 1996 to sept~er 30, 1997. The ~q~en2 lette~ ~st ~'~itted wikh the audit report. Grantee audit reports must be s~mikted no later tha~ thorsen {13) aoaths a~te~ the close cE each fiscal year d~t4q the rem o~ the a~d. Recipien2s who ~eceive ~10.0~000 o~ more cE Federal durinq their fiscal year, age r~Aged ~ s~it ~ orqa~isation-wtde Einanolal ~d ~li~ce audit ~e~gt. ~ Reoipienbs who receive ~25,000 to ~100~000 o~ Federal a~e re~i~ed to s~it a pr~o~ o~Asation~lde audAt repor~ as d~eoted~th~.~ant~q aqua. ~ipieats who receive less than ~25,000 cE FederaX ~de~ ~e not to s~it a pr~o~ orq~lsatioa~ide~olal ~d / compli~ce audi2 report Eot that ye~. Nobe: Xg yo~ audit disclosed E~d~qs o~ re~e~datAons you must ~clude with yo~ audit report, a corrective action plan con~in~q the Eollowinq. 1) The n~e ~d n~er cE the contact person responsible khe corrective action pl~. 2) SpeoiEio steps taken to ~ply ~lth the reoo~endations. 3) T~e~le for perfo~ance~d/o~ ~l~ea~tion dates each ~eoo~enda2ion. 4) Descriptions cE monitorinq to be conducted to ensue implementa2ion. The s~issions cE audit reports Eo~ all ~tees shall be as 1) ~ail orlqi~l and one copy cE the oo~leted ---44~ to~ A~A~ Cl~k F. ~tlanta ReqionaX ~udAt ~q~ ~Y2 ~ 101 Harietta ~treet~ suite '~~1' "'" ""~'=~= ~ ~ AWARD CONTINUATION ~,n= ~ ~ ~ SHEL~..I. O=' O ~~. 97-~-~-0022 ~~ A~rll ~, 1997 ~' '"~" ~PEC/A~ CO~ZT/O~5 ltlan~ GA 30323-2401 2) ~a~l one copy cE tho oonpleted audit ~epo~t Federal Audit Cle~nqhouse 1201 E. 10th Bt~eet JeEEer.onv~lle~ ZN 47132 3) ~ail a copy o~ Cover (t~an.mSttal) 1ether to: Office o~ bopptroller OEE~ce of ~.t~ce Pro~s AY~n.: ~on~l Delk~ Room 948 633 Xadiaaa ~e., ~ashia~oa, D.~. S. The ~aa~ee shall ~i~ cae copy o~ ail ~p~ ~d p~lica~ioas ~esul~ia~ ~oa ~his a~eemea~ ~wea~y (20) days prior ~o p~Xio ~eXease...~y p~Xica~i~as (~i~ea, visual, ~over~en~s e~e~se,.s~ll coa~aia ~e ~llowia~ / s~a~emen~s~ (~E~ ~is excludes p~ess ~eleases, newsletters, and issue ~This pro~eok was supported by Grant avardad by the Violence ~ga~nst Women Grants of Eioe of ~st~ce ~o~m~ U.~. Deponent of ~t~ce. Po[nks cE view ~n th~s docent are those cE the autho~ or policies of the U.S. Depar~ent of ~stioe.~ the qrankee a~ees to provide ~, within te~ (10} day~ release, a copy o~ its initiaX a~o~ceaent of qene~al funding availabiXity, R~es~ for ~pplA~tions, o~ a~o~c~ent of pr~p~iorAtAes which is Assu~ in conneckion with this S. Recipient s~ll be a~e ~t~-s~ored ~nference costs in ~oess of the Federal per dA~te wAXX ~~e Jus~ifi~tion ~d prAo~ app~o~X ~ the Office o~ the in~~oe of ~oh costs, ~tAfA~tAoa ~o~ 1~ exceeding the aXX~le Y~aX ~ate fo~ the g~. location. Confer~oe costs Anted wAth~ p~ ~uskification wilX be disallowS. ¢' C ' S EET BPECZA~ CO~ZTION8 6. Grantee shall be awars that lo~g~n~, meals an~ e~enses (M & IE) re~at~ve to ~ sponsor~ shall generally be l~m~te~ to the establ~she~ Federal rate for the geograph~o 1coat,on of ~he conferenoe. exception to th~s pol~oy mus~ be Just~f~e~ as ~ost .ffeot~ve an~ w~11 remora the prior approval of the V~olenoe Against women Grants Off~oe an~ the Office of the Comptro~ler~ O~. ~y su=h conferenoe costs exceeding the Federal ra~e incurred w~thout pr~or. Just~f~oat~on an~ ~r~or approval w~11 be d~sallowe~. , ~. The grantee a~ees to s~t for review an~ approval amen~ents to the application ~f, as a result of with ~e=ut~ve Or,er 1Z37~, Intergover~en~al Revisor ~eral Pro~, and/or Section 503(~)(~) of the co.ants are ~mitted to the ~antee which the fe61s are s~ff~c~e~tly valid to warrant s~ch 8. T~e recipient ~grees to ~omple~e ~ kee~ on f~le~ a99ropr~ate, the I~at~on an~ NaturaliZation ~e~e ~91o~ent El~g~l~y Fo~ (I-9). Th~s fo~ ~s to be useG by the recipient of Federal f~s to verifF that persons em~loye~ by the recipient are eligible to work ~n the ~n~ted States. 9. The recipient agrees that all ~nc~e generate~ as a ~rect result of th~s project shall be ~e~e~ pr~ ~ncome. It and ~er tho oond~o~l Ippli~lt ~ the ~l of funds. Th~s ~s ~n accordance w~h re,lagOons for pro~ ~ncome ~or the Co.on Rule, Re~r~ents for Grant and Cooperative Agre~onts.~ 10. No fun~s shall bo used to supplant state or looal funds that would othe~se be made ava~l~le for such p~oses. 11. The gr~tee a~ees to provide infom~on r~r.d f~~IT~M evaluat~o~ or assessment of an~ ~o~V~es w~h~: th~'~ p=o ect. HAY 2 0 12. Prior to the final leleat~on of ke~ perso~el to be hired w~th ~t f~ds, the ~antee a~ees t~ P~e ;he Vt~~ Against W~en Grants Off~oe with the u~es~ the candidates reco~en~e~ for keF pro~eot pos~t~ons. The Violence Against Women ~rantl Off~oe l~t review and approve these reoo~en~at~ons prior to the select,on and/or h~r~ng 13. 14. 15. ~. 97-~q~-VX--O022 AWARD CONTINUATION SHEET April 4, 1997 BPECZAL CCNDZTZONS of key project staff. Approval of this gra~t does not indicate an approval of any ~ogs~ltant rate in excess of $250 per d~7. Specific aecalled ~ustifioation must be ~mitte~ to and the Violence ~ eyed by _ ~a~t Wo~en ~rants Office prior to ob or e~endit~e of such f~s. The recipient agrees to allocate up to $2000 of project funds for al}owable tr~v~l costs to atten~ Off~ce of JUstic Programs regional con · · ...... ference(e) as recommended by the. - .... --~- ~- r-c~pzea~ to meet with create Offtc personnel and other teoha~--~ ---- ....... · to obtain instruction -- ~ .... - ..... P re in order ~- ~ ~uminlstra~lon of grant f~lds and successful implementation of the project. submit one -ursu. J[~- .... z__~t~_}z= grantee is required to approved b~ the Offide of Civil Rights, is a violation of '/ ~s Certified Assuranoes and may result in the suspension of =ne drawdown of funds. 16. 17. ~h~ ~x~_y da~s of this award, the grantee a ee su~m~t to OJP, £or a ..... - ....... gr s to _ _ _ ~v~& my one v~olence ~gainst Women -~--u&~.~u~ responsz~le ~o= development ..... a __ · --.-u,uAg~.~ons Systems, rotec regxacrxes). T~e ~ante- ~-_&, .... P . tion order approval from the before an~ ch~-es ~e a-a- · .... ea gr~s Off~oe at any the d~in~ the a~d perl~. I positions In addition to attendance et Office of ~uztioe Programs o~ rcix 4eoe/3 (uY. s-m?j ~ BOZT'~MI aJm ~ AGENDA ITEM ,. HAY 2 0 AWARD ~;. -~'INUATION ,n,~,~ ]r~3,7 97-WE-VX-0022 18. regional conference(s), the grantee ~ ...... to allocate up to $5000 of project funds for allowable t costs to attend office of Justice Programs Technolog., ' :uhop(s) as recommended by the Violence Against Attendanc~ at these meetings will meet with ~rants Office personnel assistance providers in order to administration of grant funds and of the project,s technology related srants Office. recipient to 2echnical ~.:~truction On the implementation The grantee may not obligate, spen~ or ~-,~ down $44,940 of grant funds budgeted fo~ technology ~ ''p=ent untL1 the Project Director, the lead staff par~:~, consultant responsLble for teohnolog]~ develo~men~ ,~;~a a leading community advocate for women who are victins of domestic violence attend a TeohnologTWorkshop v~% ~ech~cal assistance contractors designated by ~' ::0P Violence Against Wome~ Gra~ts Off~ce and until ~.i~ grantee obta~s approval by the Violence Against wo=~: .nts Office of a revised, detailed pled for the impleu,-.- ~:ion of the proposed technology..' 19. The grantee agrees to verb with all t.?~-, 'i::al assistance contractors designated by OJP through.:,'.~!: ~::~u duration of the grant period. 20. 21. The grantee agrees that any technolo~ff ~,-,tems'funde~ or supported 1~ grant funds will comply ~-:.~ ls CF~ Part 23. (Required b~ 28 CFR Part 23) The recip.fcnt agrees that the arrangements, equipment, facilities, ~,,:! :~::ocedur&s ~:sed for the receipt, storage, interagenc~ exc? ...... ~:~ or disee~J3~ation, and analysis of crLminal intelligence ~:fo.Tmation throughout the project ¢ompl~ with 2S CFR Part 22, criminal Intelligence Systems C~eratAng Policie:~, ~nclud~ngb~2 not limited a. Ali infor~atLon ~olleot~ ~aintaine~ be u~n ~e 'r~o~le I~pioion oz~~l HA 2 0 or activityu~ t~t such Momtio~ is rel~t ~ ~e cr~i~l co~uct or activitF. ~e =eason~le cr~l pr~i~te e~~ lo es~lished whe~ law enforcuent or crh~l ~nvest~gat~ve agen~off~=~, investi~r, or ~ploTee a ~IAI ~o believe *~a~ ~e Al a 4000/3 (~. S-~J &--.::~ ~=~ ~ ~. C 97-WE-VX-0022 AWARD CONTINUATION SHEET April 4, 1997 ~PECIAL CONDITIONF reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. The project is responsible for establishing the existence of reasonable suspicion or criminal predicate either through examination of supporting information submitted by a participating agency or by delegation of this respons~bility to a properly trained participating agency which is sttbJect to routine inspection and audit procedures established by the project. b. The project shall not collect or maintain criminal intelligence inform,rich,`bout the political, religious or social views, associations, or activities of any individual or any group, associations~ corporation, business, partnership, or other organization unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity; c. The project shall,not include 'any in~6rmation which has / been obtained in violation of any applicable Federal, State, or local law or ordinance. In an interJurisdictional intelligence system, the project is responsible for ~s~abl~shing. that no information is entered in violation of re,er, l, Stare, or lo.al laws, either through exam~nation of supporting information subm4**-A ~ .......... or by delegation of th4. --12/i~,~{.?.PaT:xclpa=xng agen~ d. The project or authorized recipient shall dissemi criminal intelli~en - ~-~ .... ,-- '- . nate to know and a ri-hr *~ ~ .......... Y .. re.there is a need .... ~ ~- ~w une znzorma~ion in the per=ormance of a law enforcement activity. e. The project shall disseminate criminal intell inform.a.tio_n only to law enforcement aut~-~,,__ _ ~gen?e.- ag.tee =o ~ollow procedures re--~A~-- ,_~_~_~.~.~s wac s_naAA . consistent with ~t--~tou waxen ar~~ 28 ~ Part 23, exce = as o C¸ C g7-1,~-1/X-,O022 AWARD CONTINUATION SHEET April 4, 1997. SPECIAL CONDITZON~ g. The project shall maintain a record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept; h. The project shall label information to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control officials; i. .E~ch. proJect must e~tablish written definitions for the nee~ =o Know and right tO know standards for dissemination to other agencies as provided in paragraph (d) of this special condition. The project is responsible for establishing the existenc& of an inquirer,s need to know and ~igh~ to know the ~nformation being requested either through · nqulry or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by project. ._ the J. The project shall assure that the following secttrity requirements are implemented: i. Where appropriate, the project must adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to the information cont~ined in the system; ii. The project must restrict access to its .,.~ p~r~onneA au~orxzed by the project; iii. The project must store information in the · p~ge~ w[~hou~ authorizations iv. The project must institute procedures to protect oriminal AntellAgence info~matAon from unauthorAsed assess, theft, sabotage, fire, flood, or othe~ manmade disast&r; or v. The proJeot must promulgate LuXes and regulations based on qood cause for implementing authorAty to screen, reject for employment, trans£, re~ove_~ersoanel authoriled to have direct access 0= ==--7 97-WE-~-0022 ~~ April 4. 199~.~. ~PECIAL CO~ITIO~ system; and vi. The project may authorize an~ utilize remote (off-premises) syst~ ~at~ases to the extent that they comply wit~ these sec~ity re~irements. k. The project aha11 a~opt procedures to assure that all info~ation which is retaine~ by the project has rele~ncy an~ ~portance. Such processes shall provide for the periodic review of infs~tion an~ the ~est~otion of any info,etlon which is mislea~ing, obsolete or othe~ise u~eli~le and shall re~ire that any recipient agencies a~vised of such changes which involve errors or corrections. All info,etlon re~ined as a result of this review must reflect the n~e of the re~iewer, date of review e~la~tion of decision to retain. Info~tion retained the syst~ must be reviewed an~ vali~ated for continuing compliance with myst~ s~mission criteria before the e~iration of its retention period, which in no event shall be lo~ger tha~ five (~) years. -- 1. The project shall not make direct r~ote te~inal access to intelligence info~tion available to syst~ participants, except as speoifioa11y approvm~ by the Office of Justice Pro~s (~) base~ on a ~ete~ination that the system has ade~ate ~licies an~ prooed~es in place to ins~e that it is acoeas~le only to authorize~ syst~ users; m. The project aha11 ~er~ke no ~Jor mo~ifications to syst~ desi~ without prior ~antor agency appro~l; n.. The project s~11 notify the ~tor agen~ prior to initiation of fo~l i~o~tion exohange prooe~es with any Federal, S~te, regional, or other info~tion syst~ not indicate~ in the ~ant ~oc~ents as initially approve~ at t~e.of award; o. The project shall ~ot p~ohase or use in the oo~se the project of ~y eleo~onio, Heoh~loal, or oth~ for su~eillan=e p~oses that is in violation of $~ provisions of the Eleo~onio Co~ioations Priva~ 1986, al ~ended, or ~F appX~le 8tare I~tute ~ wiretapping ~d s~eillanoe; HAY2 0 p. As part of the intslligenae operation, thsrs ~1 ~11 ~ no C AWARD CONTINUATION SHEET ~aO~"f'ZVll ,~ April &, 1997 ~IAL CONDITIO~ harassment or interference with any lawful political activities; q. A p&rticipating agency of an interJurisdictional intelligence syste~ must maintain in its agency files information which documents each submission to the system and supports compliance with project entry criteria. Participating agency files supporting system submissions must be made available for reasonable audit and inspection by project representatives. , Project representatives will conduct participating agency inspection and audit in s.uch a manner so as to protect the confidentiality and sensitivity of participating agency intelligence records. r. Any collection and exchange of criminal intelligence information must be ooordi'nated with and support ongoing or proposed investigatory or.prosscutorial activities relating to specific areas of criminal activity. Cr~Jainal intelligence information'can be utilized when criminal activity represents a significant-and rec~ognized threat and poses a threat to the'population and; i. the criminal activity is being undertaken for the purpose of seeking illegal power or profits or poses a threat to the life and property of citizens; and it. the criminal activity involves a significant degree of permanent criminal organization; or iii. the criminal activity is not limited to one Jurisdiction. s. The head of a go%ernment agency or an individual w general policy making authority who has been expresslyith delegated such control and supervision by the head of t agency will retain control and ...... - ...... he ~olleat~on ~ d{.~--4---, .... ~?~vls~o~ or %n£or~ation syst~. This o .... =ne Information maLutained b~ a-' '~ ...... or -z--.~,~. uu =_nc= =ne opera=Ion of the syste~ will .t. Wh~re the ~ystem ia an inter~tLrisdiotional intelligence ~ystem, the governmental agone7 exercises control .... ~ ~__ ~-- tho operation of the - ~" ..... "'~"= AWARD CONTINUATION ~ 97-WE-VX-0022 ~ ~ April 4, ~997 harassment or interference with any lawful political activities; q. A participating ag~ncy of an interJ~isdi~tional intelligence myst~ must maintain in its agen~ files info.etlon whic~ do~ents each s~mission to the system and supports compliance with project ent~ ~riteria. Partioipatin~ agency files supporting system su~issions must be made avail~le for reasonable au4it an~ inspe¢tion by project rep=esenta%tves. Project reprmsentatives will conduct participating ag%noy inspection ama audit in such manner ~o as to proteot the confidentiality ama mensitivity of participating agency intelligence records. r. ~ collection and exohange of ¢r~inal intelligence info--rich must be coordi'nate~ with and support ongoing or proposed investigato~ or.prosecutorial activities relating to spe=ific areas of criminal activit~. Cr~inal intelligence info~tion.'can be utilize~ when or.ina1 a=tivity represents a significant an~ re~gnize~ poses a threat to the'population i. th~ criminal activity is being undertaken for the purpose of seeking illegal power or ~rofits or poses a t~eat to the life and property of citizens~ and ii. the criminal a=tivity ~nvolves a significant degree of pe~ent cr~inal organization~ or iii. the criminal activity is not limite~ to one j~isdiotion. s. The head of a gover~ent agency or an ~n~ivi~ual with general poli~ ~k~n~ authority who has been e~ressl~ delegated such con~ol and supe~ision by the head of the agen=y will retain control and supe~ision of ~nfo~t~on collect&on an~ ~iss~ination for the =r~inal syst~.'This official shall certif~ in ~iting that he or she takes full respons~il~t~ an~ will be aoco~~e for the info~t~on ~intalne~ by an~ diss~lnate~ fro~ the syst~ an~ that the operation of the s~st~ w~11 com~lianoe w~ the pr~noiples set forth i~ a8 C~ intelligence syst~, the gover~ental aqen~ whic~ ~cise control and supe~ision over the operation of the AWARD CONTINUATION SHEET April 4, 1997 ~PECIAL CO~DITION~ shall require that the head 'of that agency or an individual with general policy making authority who has been expressly delegated such control and supervision by the head of the agency: i. Assume official responsibility and accountability for actions taken in the name of the joint entity, and ii. Certify in writing that the official takes full responsibility and ~ill bm accountable for insuring that the information transmitted to the interJuriedictional system or to partiuipati~g agencies will be in compliance with the principles set forth in 28 CFR 23.20. u. The principles set forth in 28 CFR 23.20 shall be made part of the by-laws or operating procedures for that s~etem. Each participating agency, as a condition of participation, must accept in writing those principles which govern the submission, maintenance and dissem-inatio~Df information included as part of t~e interJurisdictional system; and v. The project shall establish sanctions for unauthorized access, utilization, or disclosure of information contained in the system. The recipient agrees to establish a policies and procedures manual addressing the concerns of 28 CFR Part 23. The recipient agrees that the project shall be subject to review and audit by the Intelligence Systems Policies Review Board to determine compliance and ensure continuing compliance with 28 CFR Part 23. The recipient shall not maintain, create, or operate a gun tracking system in violation of Federal or state law. The recipient shall not maintain or collect open source documents on the criminal intelligence system. GRANTEE ACCEPTANCE OF SPECIAL CONDITIONS AGENDA Pg. GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 97-~E-VX-O022 4. TXT~I OF f~JICT 3)CI1 TuLiamA Trail ~aeC, B~Llld~ F, ~anm*~C ~mu~lex hplee, FL 34112 ricer 0']/Ol/J? TO, 08/31/Jl /, 10.DAT3E OF AWAR~ Aprll ~,, 12. S]I~C~D ~ZJ~,! ~ ~ 14. T'ZX~, TL~A'f B~:TD~IT AMCK21fT ~ ~ 4O0O/Z (ILrv. 4-iii)