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Agenda 03/11/1997 R Proclamation proclaiming J(arch J-l$, 1997 al Friends o~ Barefoot Beach Week. (2) Proclamation procletttng Narch 9-15, 1997 al )ra~ov Your Government Week. To be accepted by Shauna Douglel and Shelli Douglas. (3) Proclamation recognizing Pilot Paul Curtis ~or his outstanding flight hour achievement and cofltinuir~ dedication. To be eccepted by Pilot Paul Curtis. ~aria Slllery - Storm~ter Kanagemeflc - l0 years Robert #llqy - OCI~ - 10 years Ro~er Tompkine o Road end Bridge - 5 years · (l) Recommendation to reco~nise ~dvard Tortoni, Parks & Bacreetion Department, Public Servicel Division, as ~mployee of the Nonth for Narch 1997. Bo Ce (1) Staff review and recoomendaciono relative co OFdina~ce 91-44, aa amended, alfo known as Arrowhead PUD wh/ch, according ~o Repor~ eul:~ltCed ~.Che c~nced c~sC~ccz~ as .~fLned Afl bcc~ 2.7.2.4 of ~he Collier resulting ~n several ~he ~ard o~ ~y ~se~eFs ~o c~sider. (1) Adopt a Resolution urging the 1997 Florida Legislature Co create a Dedicated Funding Source for Statewide Beach Management and auppor~ House Bill 103. C. I~YBLT(~ I ERVZC~S D. fUPPORT S ERV~C~B (~) Approve sixty day extension to AgreeMnt for Financial Advisory Services and provide direction regarding the selection process for a new Financial Advisor. (2) Report on revenues for the first quarter of Fiscal Year 1997. 9. CO~TY&TTORh'EY'I Ikl~ORT A. Recommendation for the Board to consider a settlement proposal in Roberts v. Collier ~ntv, ~se ~. ~-3~2-CZV-~-~7, UnlCed Sca~el DII~r~CC ~rc ~or the Middle DinCrlc~ o~ Flori~. A. Resolution al the ~a~ st C~nCy C~lssl~rs o~ Collier County Florida, In sup~rC o~ ~aplee/~e Naples Players C~ntcy Theatre pro~ecC. 11. ~ C~STZ~ZO~ OffZC~f PUBLZC C~ ON a]~q'ZRAL TOPZCS PUBLIC RT,,~ZNOS WZLL BE KLldI,D ZI',O,I:~LkTELY FOLLO~/I',I~ ITAYF ~ 12. ~VZRTZSED PUBLIC H:RAJ~S - BCC 2 March 11, 1997 B, ZOlq~O ~S ~ Petition PUD-9?*2, Bob Thinnas and O. Or&dy Minor of 0. Grady Minor & Associates, P.A., representing ~V~ Family Limited Pa~nership ~d - ~V~' re~es~lng a Fezes f~ C-3 ~o ~ ~o h ~ as ~V~ Pontiac ~ for an au~bile dealership ~d all o~ ~he uses au~rized Afl ~he ~-2 An~e~dia~e c~Fc~a~ d~o~r~c~ for p~y l~a~ed ~ ~he eas~ sou~h st G~mdes B~levard in Sec. ~2, (1) Recoflunendation to adopt an ordinance to repeal and supersede Collier County Ordinance amended, and hereb~ostablish the Ccamt¥'l ne~policy concerning telecoeueunication providers and services; also to provide for the regulition teleco~municetion companies use o£ the public rights-of*ways within the unincorporated areas of Collier County; also providing general provisions; reg£etretion of telecoefnunic&tione carriers and providers; telecoeununication license; teleco~fnunication franchise (reserved); cable franchise; fees compensationl conditions of grant; construction standards; periodic evaluation, review and modification; repeal of Ordinance No. 88-90, as amended; conflict and eevtrahility; inclusion into the code of lawl and ordinances; providing an effective date. (2) Petition AV 96-03? tb vacate ali easements and dedications for public road rights-of-way, utilities and drainage in the Woodlands DRI/PUD located in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (3) Petition AV 96-03S for the vat&ties of two (2), 12 foot utility and drainage eesementl on ~ots 45, 460 and 47, Block ?4, Golden Gate Unit 2, as recorded in Plat Book S, Pages $5-77. Of the Public Records of Collier County, Florida. 13. ~OARD OF ZO~T~OAPPEA~S A. ,~DV~RT~KD PUB~CH:RAR~OS (1) Petition V-96-25, Todd Pressaan representing ~. H. Williams Oil Co., Inc., reqveating a 3? foot side yard variance fro~ ~he required side yard setback of 40 feet established for car washes in the C-4 Zoning District to 3 feet for a property located a~ 1095 ~orth Collier Boulevard on Marco Island. (2) Petition V-96-33, ~ohfl P. Asher, P.E., of Coastal Engineering Consultants, Inc., representing EL Partners of ~aples, Inc., requesting a 10 foot variance from the required multi-family rear yard accessory setback of 20 feet to 10. feet for construction of a swimming pool for property located on Bonita Beach Road (C.R. 855) further d&scribed es · parcel of land situated in the northwest quarter of Section 5, T48S, R~5£, consisting of 5.6 acres, more or lees. 3 March 11, 1997 (3) Petition VAS6-32, DarFan M. Taylor requesting foot variance to the required 75 eet~ck Co S0 fe~C and a 25 f~t varl~ce pretty l~ated~ at 501 ~nna 8trier descried as ~ 1 less the north 250 Creek Estates, Unit 2, in lec. 1, TSOS, ~S~. ~rega~lon of Greater Naples, ln~. ~diti~al ~se 2.2.2.3.1 An ~he °Em ~is~rict An o~er to increase the seating the ex/sting church fro~ 1S0 to 300, provide a new fellowship hall and Sunday school cleearoou and increase the total ~ildiflg ease f~ 4,300 ~ee~ to 22,000 I~ITO fee~ for p~r~y l~a~ed ~c~efl loth A~nue I.M. and X2ch Avenue ad:Jacent to Interstate ?S, south of PAne Ridge Road (C.R. ILS), Tracts I and ?, Golden Oate Estates, Unit 33, consisting of S.?0 acres. 24. BOARD OF ~ C~MM~SfITONIT. f' C~MM~1~CATIONf 15. ~TA~F'S COMNUN/CATZON~ 16. end notion will be takenby ~ne- motion · wi~hout separate d~a~vaalon of sash icon. If dAa~desion is desired b~.a m~ober of ~he Board, that it~(e} wall be r~ed rrm the Cone~ ~ ~d ~onsidered e~araCelM. A. COM3~t'ONITY DEVELOPMENT & ENVIRONlqI~TAL SERVICES (1) This item has been deleted. (2) water facilities acceptance for Autumn Woods Sales Trailer. (3) Recon~endation Chat the Board of County Coe~lisionera approve a Memorandum of Understanding with the Southwest Florida Regional Planning Council (S~FRPC) to participate in a study to address farwMorker housing and e~tal lntrasC~c~ure needs co sup~r~ agri~l~ural V~h in ~ou~hvesc Florida. (4) Recommendation to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Mawkaridge Unit T~o'. Recommendation to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of '~uail Walk, Phase Three'. (6) Reco~endation Co grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of 'Longshore lake, Unit (?) Recommendation to gran~ final acceptance of the roadway, drainage, water and sewer improvements for the final plat of 'longshore Lake, Unit 5B2'. 4 March 11, 1997 (~} R·¢ommend·~on to approv· F.x¢·vat~on P·rmXc ~o. S~.572 "~eron Par~ Apartments' located Ln Sec. ~2, TS0S, R2SE, bounded on the north by St. MatCh·v· House and Th· Qlades Apartment·, on the east b~ The Qlade· Ap·rtmenta, on the ·outh b~ Collier County Oovarnment Center and ~allman Pontiac Dealership, and on the west by Airport Road pr·patti··. (10} Recc~mnendation to approve for r·cording the £Lnal plat of Xeritage ~reens f/k/a Dove Point·. I. of FY 9~/97 carr~ for~·rd to Operating Fund(131} ~arco I·land Beautification M.B.T.U. Dl·trict, for continued nod/median land, cape r·£urbl·h~nt. (2) Raco~nendation to ·mend th· exl·ting contract for construction of additional pathway Count~-v~de P·thv·¥· I Pro, eot, B~d (3} Ay·rd a Contract for Bid ~o. 97-2928 Hart· Island Beach Renourishment to Leks Michigan Contractor·, Inc., in the amount of $39?,000. (4} Recommendation of speed limit change· ~o the randy·ye as listed belo~ in conform·nc· ~lth Boa~d Action on e/$/96 ·nd R·aolution 9g-340, allo~lng residential roadway speed limit reduction· to t~·nty-£Lve per hour (25 mph)~ ~hitehurat's Plat, PB, PS (all ro·dvaya)~ Haldeman RIv·r Bubdivl·lon, (all road~·ys)~ Palm Rlve~ Est·tel Subdivi·lon (all ro·d~aya)~ 41at T·~TaCl S~ (between' 2~r~ PL SW 20~h PL SW). (5) Approve final ranking o£ consultants and Professional Service· Agreemen~ ~ith M~sslmer Iht·marion·l, Inc. for · groundva~er salinity barrier RFP ~o. C. PUbLiC D. SUPPORT (~) Th£a Item Deleted. (2) ~eqva·t approval of recommendation of budget amendment for Fund 518, ~orker·' Compensation Insurance. (3) Request Bo·rd to authorize Chai~an to sign St·ts of Florida 75/25 Matching Grant Applica~ion. (4) Recom~end·=ion to transfer funds from General Fund Reserves to pay costs of hiring a new County Administrator. F. BOARD OF COUNTY COMMISSIONE~ O. MISCELlaNEOUS CO~-~ESPONDENC~ Satisfaction o[ L~O: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 92-1221-CFA, 96-10350-M~A, 96-1094-MMA, 96-7677-M~A, 96-6969oMMA, March 11, 1997 ~2-121-HZ, 92-23S-~, 88-37~0-~, ~i~n Co ei~ ~cella~l~ o~ Lien ~or ee~icea o~ ~rle N~c~laa. (Clerk o~ ~rCl) (2) ~c~ndaCl~ Co a~e ~ ~snc a~lica~i~n co the F1orL~ ~pa~nt of ~alth, Bureau Hedical Se~icee for I ~ILCy aosur~ce p~r~. Flori~ N~n~nc ol Health, Bureau oi ~en~ Hedical Se~icee for m~en~ ndical di~cch training. March 11, 1997 AGENDA CHANGES BOARD OF COUNTY CONMZSSZO~S' MEETZNG MARCH 11, 1997 ADDs Item 5(C) (2) (Staff's request). - Presentation of Safe Driver Awards. ADD: Item 8(A)(2) - Water and Sewer facilities acceptance for Naples, Heritage, Phase One-B. (Staff's Request). ADDs Item 8(B)(2) - Award a construction contract to Saltsman Construction, Inc., for S.R. 29 canal crossing improvements, Bid No. 97-2638. (Staff's request). ADD: Item 9(B) - Discussion regarding Senator Fred Dudley's request for the Board to consider and provide input on issues affecting proposed Senate Bill No. 402 authorizing use of Tourist Development Tax Revenues to acquire property for beach parking or beach access and to construct or improve existing beach parking facilities, or beach access areas and authorizing the issuance of bonds. (County Attorney). ADDs Item 9(C) - Request for direction from. the Board regarding the Collier County Code Enforcement Board Order entered in the Lely Barefoot Beach Guardhouse case (County Attorney). CONTINUE: Item 16(A)(10) to 3/25/97 meetin~ - Recor, uaendation to approve for recording the final plat of Heritage Greens f/k/a Dove Pointe. (Petitioner's request). CONTINUE: Item 12(C)(1) to 3/25/97 meeting - Recommendation to adopt an ordinance to repeal and supersede Collier County ordinance No. 88-90 and establish the County's new policy concerning telecommunication providers and services. (Commissioner Constantine). CONTINUE: Item 13(A)(1) to 4/8/97 meetin~ - Petition V-96-25, request for a 37 foot side yard variance for Williams Oil Co Inc. (Staff's request). '' STAFF DISCUSSIONS 1. Neighborhood park property being sold by Avatar. PROCLAMATION tt~ Frtendv of Barefoot Beach an an tnttgral part of the Collier County Parl~ and R~crzatlon ty~t~m; and tl~ Friend, of Ba~oot BeoOt have dev,lo~d tl~ ~ and Learning Center at Barefoot BeacA' and the Friend~ of Barefoot Beach organization now contatn~ 320 member: and I~IIF. RF. AS, th~ quality of ltfe in Collier County would be reduced without tl~tr NOel I'HEREFORE, b~ tt proclalmed by the Board of County C~rs of Cotller County, Flortd~ that extreme gratitude and appre~ It ~rtended to the membership of the Frler~ of Barefoot Beach for their ~"e, rxful ~htp between the publtc It ts accepted by both that an tn our future, lntt In our do retr~rm our . th, week of March 'gib -1. DONE AND D~IGHT E. BROCK, CLERK HAR 11 1997 I~'ItERF~S, NOW PROCLAMATION County government it a complex and nmlt~l'aceted l~ocess which effects the lives of all r~tdentt of Coliler County; and an incr~a:ed knowledge of how variou~ mpects of Coumy government work can enhance an individual r~ident't quality of l~ tn Collie, County; and Collier County ,I.H, the l~ague of Women Fotert of Colller County, and the Collier County Publlc Schools are, for the eighteenth contecuttve year, co. rponsorl~.g a teen citizenship program entitled "Know Your County Government." ~ program l~ detfgned to enlighten selected local I:tgIt tchool #tudent~ in the area of County go~,'ernment; and it i~ dexlrable of the County's by the DONE AND AICP, C/L,IIRM,43/ AGENDA ITEM i~_It OCLA MA TI OI~ Pilot Paul Curtis began hi: avlatton flying carter tn December, 1970 with the Pilot Curtis rtflred from the United State: Alr for~ In th~ rank of C. grpta~ havb~ ~etl over I,O00 flight hours In $ yvart of mititary ttrvic.; and Pilot Curtis hat accumulated i 0,000 accident free flight houri or, vt t~ courtt o/26 y~an of hi: aviation carter, 900 hours o/which ha~ been at a Collltr County F..merger~y Services D~xrrtmtn~ helicopter pilot; and by this outstanding accomplishment, Pilot Curtis has &m~onttrattd his e~emplary ablIio; ditctplin~ and commitment to aviation rarely; and WHERF~S, the their Ihu ot,pon to o1 r NOW of Collier to DONE AND ATTE8~ DWIGHT E. BROCK, CLERK TIMOTHY L. HANCOCK AICP, CHAIRMAN I No._ g'..4-. _ SUMMARY RY.,COMMENDATION TO RE~ EDWARD TORRONI, PARKS & ~TION DI:P~, PUBLIC ~RVlCE8 DIVISION, AS F. MPI~YEE OF TH~ MONTH ltOR MARCH 19Y7. FISC~ IM~A~: '~.mployee of the Month" selectees receive a SS0,00 cash awm'd. Funds Iht is ~ are available in ~he FY 97-98 Msflqement Office budget code 173410. ~F.,Q~MMENDATION: Tha~ ~ Tm-rani be r~mgniz~d as the "En~oyee of the Month' for March 1997, PREPARED BY: NAR BOARD OF COUNTY COMMISmONER8 COUJER COUP, FLORIDA Mlrch 11, 1997 Ct.El~8 REPORT MMM Fund (00~) ~ FY Co/nrmm~ Devlf/o~cx11ent Fund (113) for 86/87 FI~III# C,~'41tu(~l Fund ('~01)/or FY' AG£~'OA 2_'rill ANALY~I~ OF CHANGE~ TO GENERAL FUND pi01) RESERVE FOR ~'TtNGENCIE~ Far th~ mlelk'~ dM~ of M~'ch 11. 1997 RESERVE FOR CONTINGENCIES: 11-27-~ 12-11-96 12-11-86 12-31..~6 1-22-g7 1-31 143 To ImXXl~d ~ T~x Deed ~ for delinquent 2-11-~7 183 To fund g~In dmrtng ew~'d~ m ~x'ov~ bY BCC 12-17'~6 $ 4,675,900 5.644.4!9 (leAO0.O0) (14,475.00) 41 (42,770.C)0) $t0,000 eec:h: (No.: 29, 17, 86, eS, 51,181,182,) $ Toad R.duct~ Fac the mNIIr~ o~ MBr~ 11,18G7 FY 1N447 I~ERVE FOR CONTIN4]F. NGIES: Current Bdsnce 2/28/~7 (ReckJdlO~) o~ Ir~NNS m ~pldr~ bdow $ EXPLANATION OF REDUCTIONS 1-22.~7 112 Fur~ IXO~lded ~ ~ ~ny f~n~wd $ Tod Reduct~r~ $ , 485.2~ IdAR ! 1 1997 f~O I ANAL.Y818 OF Cl~alOl8 TO IrAiCUTW, I ~ ~ ~) IIF..IERVE FOR CGflTIiOENClEI For~ mc~ln8 d.~ of 14.'~ 11, t~7 Cu, rldBdln~2f2e, l~ 2-11-47 2-24-~7 $10.0QQ eec:~: (Ho.: 2~) C2,2~) Totall recluclb'm Ho.f, ~ 14.~ I I 1997 PO I ~XECUTIVE SUMMARY ~'TAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91.-44, AS AMENDED, ALSO KNOWN AS ARROWHEAD PUD, WHICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, ~ NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN t~EVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUN'P( COMMISSIONER~ TO CONSIDER. ~ Staff is requesting that the Board review staff's findings and recommend~Jor~ regarding the Arrowhead PUD. CONSIDERATIONS: This PUD was originally approved on May 28n 1991. Section 2.7,3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report i~ to evaluate whether or not the project has commenced in earnest in accordance wfth Ihs criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of Itm Land Development Code, the five year approval pedod commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. ere applicable as of October 30, 1996. The above referenced PUD 'has been identified es · project which was approved prior to October 30, 1991 and which has not commenced construction es defined in Sectlort 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in house records to verify the current status of the PUD and as the basis of a recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as I'oilows: 2.7.3.4. Time Ilmtt~ for approved PUD ma.~ter plans. In the event that a PUD maater pian is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development order for all infrastructure Improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by the Board of County Commissioners; and Fall to receive final local development orders for at/east 15 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 total approved gross leasable floor area within the PUD every six years o: the date of approval by the Board of County Commissioners. -1- MAR 1 1 1997' 2. The project developer shall submit to the Planning Services Director a etatua report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of County Commissioners. The 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. Should the Planning Servlcee Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental Information that may be provided, the Board of County Commlssionere shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the growth management plan. The existing PUD shall remain in effect until subsequent action by the Board on the submitted amendment of the PUD. If the owner fails to submit an amended PUD within six months of board action to require such an amended submittal, then the Board may Initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. In the case of Developments of Regional Impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part ora development order in conformance with F.S. ~ 380.06. Synopsis of Approved Land Uses: This 307.44 acre PUD was approved for 900 dwelling units, including single family, multi-family, and mobile homes, and neighborhood commercial. The gross density for the residential component of the PUD is 3.0 dwelling units per acre. -2- MAR l 1 1997 - ~:gpslstencv wtth Comorehensive Growth Manaaement Plan: The subject PUD t~ designated Low Density Residential on the Immokalee Future Land Use Map of the Immokalee Master Plan Element of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the Collier County Growth Management Plan. The Density Rating System provides for a maximum density in this area of less than 4 dwelling units per acre. During the Zoning Reevaluation Program in 1990, this PUD was deemed consistent. The PUD is deemed consistent with the following GMP Elements: Future Land Use Element. Consistency with the Collier Countv {rand Dgvelooment Code: 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 inconsistencies have been identified: Transportation: Inconsistencies regarding turn lanes and bike paths. Environmental: An updated Environmental Impact Statement is required. are Soeciflc Conditions of Ar)~)roval: Staff recommendations relative to each condition of the original rezone approval are listed below: Conditions of Aoor~vef; Section 9.5 of the PUD document states that the developer shall provide westbound left turn lanes on Lake Trafford Road. Staff Recomm~ndeti0rl; The developer shall also provide eastbound right turn lanes. FISCAL IMPACT; A two year extension of this PUD, as recommended by staff will have no fiscal impact on Collier County. STAFF R~C~)MMI~NDATIQN: Based on a comprehensive review of this PUD document, Staff recommends that the Board of County Commissioners grant a two year extension to the Arrowhead PUD. -3- MAR ! 1 1997 CURRENT PLANNING BY: DATE ~R CURRENT PLANNING DATE PLAN lNG SERVICES PARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLg) SUNSET:ARROWH~,AD PUD -4- MAR 1 1 1997 ii ORDINANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR ~E ~INCO~O~T~ ~ OF CO~I~ CO~, ~DA, BY ~DING ~E OFFZCZ~ ZONING A~S ~ ~ 4&'29-9 47-29-3; BY ~GING ~E ZONIN~ ~SIFI~TIONS OF ~E H~IN D~B~ ~ ~OP~TY ~OH A-~ ~~ ~, FOR 900 ~SXD~Z~ ~NG ~XT8 ~ iS A~ OF ~C~ USES ~X PROP~ ~T~ IN SO~ GU~ OF ~Z Z~SE~0N OF ~SZON OF ~SON R0~ ~O IN SE~ZON 31, ~SHZP 46 ~GE 29 ~ST, ~ SE~ION 6, ~SHIP 47 SO~, ~GE 29 ~ST, ~RIDA, CONSISTING OF 307~ A~SI ~D BY PROVIDIHG ~ EFFE~I~ DATE. k WhaRF. S, Carl F. Reich of Smelly, #&llford and Nalven, Inc., representing James E. Williams, Jr. and Diane Williams, petitioned the Board of County Commissioners to change zoning classifications of the herein described real property; ~ow, THEREFOI~EBE IT O~AI~ ~ ~e B~d of cowry Cmlesioners of Coll~er County, Flor~da~ ~e Zoning Classifications of ~e herein ~es~l~d real pro~y l~ated ~n Sec2~on 31, T~sh~p 46 S~, ~nge 29 ~s~ and Section ~, T~sh~p 47 Sou~, ~nge 29 East, Cowry,' Florida, are changed from A-~ and A-2~ to Pla~ed Unit Developmen= ~n accordance with ~he P~ a~tached hereto as ~lb~t 'A', which ~s ~nco~orat~ herein and ~ reference ~ade pa~ hereof. ~e Official Zoning Atlas Hap Nu~ers 46-29-9 and 47-29-3, as descried ~n Number 82-2, are hereby amended ac~rdingly. Th~s Ordinance shall ~come effec21ve upon receip= notice from the Secreta~ of State that th~s Ordinance has been filed with the Secretary of State. -1- Commissioners o£ Collisr County, florid& this .~Sth May _, l}~l. day o~ BOAP, D OF CO~'IFX'r COLLX]I3t CO'IJHT~ rX,ORXOA I'"- ........... - ARROWHEAD PLANNED UNIT DEVELOPMENT IMMOKALEE, FLORIDA THE PUD DOCUMENT EXHIBIT-"A " .MAR. ! :11997 307.44 +/- JkC:Z~ 33943 (I:Z3) i43...02S4 IiXY 28, 91-44 e Z ZZ ZZZ v vZZ ~rzxz zx i~~ Ovnershlp an~ ~eac:rip~ion l~-c~ ec~ ~evelopaan~ Z,0v'~en~it~ Xul~-i-Fa~Al¥ Residential ~av~lop~enl: ~o~mon/l~ .~reation Areas Conserva~.ion Areas ~)~4z'olal Area Xap~/l~gal ~scripl:ion l~gal Description 3,4 X'7 ~4 32 ~-IqTD..- . o~,~zoX~4 under the pro~ect ~ of :~oz.Lowzng peges ~nd ].e iXXustrated on IMp 2,. - the ovnersbtp oZ 3omo Z. -,- ~ z-z-Lczoz,a ]told amd t.b,i .T CazlOn lb)ad, 3:llmOkLTee' ' _ P L .enid. extension o£ , ,loeide. 21: Xo locecea zn · _~TIl~_p 4~ IO~C,h, Junge 20 rut, .... .... -,,, ~ oz r~e I~D develoiment, be Preserved and --,,, 6~LLa g, plim'Jed. 'L'be include z~ceeat~onel oevelop~ent will also i "~~ n~az reat~l. · o ~e nearest ~eemeroe ~an~eF and no ~looer ~ ~- '~- one kale fX~bu ~J~k~ nearee~ PUX~ counercAA% zonl4~g of · -:: ...... ' ~O.8~res or qrm&tmr ~.sAse! ..; ~ The oonuer~lal peroel As grea~ar ~han one ulle frou ' the nearest ~oBaer~e oen~ar (ao'lbo~n on ~ .... llBo~a%ee fu~xre Land Uae lgapJ and ~rea~er ~dn one BAle frou ~be neareot FU~ ~oumeE~Aa% sonArui o£ %0 acres or grea~er· An oXte (ZerA~tg~ ;g0), One vuy ~o measure b dAl~Jnce Mould be rrou one propert7 beu~Sa~ ~o ano'.~ar. ~ing ~his ~J~nAqueo · he dis~Jnee betveen Lmhm Trafford ZXeBan~Jr2 and the conercial plrcel ~ould be approxJ~a~el¥ 2000 feet, ~Ach does not meet - The developer, req~Mstod '~ the Board o£ Coun~j. counercAal ' sp~ce to serw the ZJBokalee. At the present tiM, there As only one £ull-nervice repeZlaZ'JCet Jrt 2~Bckalee. The strong apparent, ' 3i' Tr~f£Ao £:lov to t~4 e~Aot~ng'oo~ercLaX cent&r of :l:~mokalee for ehoppLnqr ~rip~ Kd be reduced for the residents or Arrowhead u weXX u from ~he eastern por~Aon or ~Boka:Lee. The comue~ial eTea oan I~OVLde needed day care £ecA1A~lee or o~l~a~ heaX~ and h~an eervicee. t et~Xnm _~ the inception vould aarketabllity of the overall pro]eo~ and provide a ~_9~borb.o?d'tyPe ataupaere to aXX or .: Ir. axE ~econmanda~:lon. . of the Collier County Growth : SLng2.e F&uJ.2.y 37.61 Bo n.cm4 JLtgh't o~ v~y ~4.53 AC 54.~0 AC ~07.20 AC 30~.~3 J~ 307.44 AC 52.74 JLC is.Q0 &¢ 115.~5 AC XS.00 AC 31.28 AC G3~OSS ACRF. k~Z 307,44 AC: ~rens &llu~rat~d &m l~,s ~ Hap 2, ~cr~d ~ ~ mo~ ~a~a~ pl~. Such a~eage as sh~ on ~p 3. In add~on ~o ~e v~o~ areas and s~cir~c ~ sho~ on ~p 2, such easenen~ as nece~sa~ (uCill~F, pr~e, se~- p~llc, etc.) ahall~es~bl~shed ~rac~a as ~y ~ re~red ~ p~v~dt essential se~lces. 2.5.3 The dm~elcFper o£ any z~e~ve approval o£ · I%te '9evilolmin~ plan in or roads ~ conserva~Aon/pmerva~ion and/or archeslogical &teas viii bo dodAca~ed ~o one or BOTt hoBeovners aosocia~tono or rater aoaocia~lon £or t~e ixarpoge of ovnerehAp, Bain~enance &nd/or dispooi~Lon ~o pu~lAc agencies. No Bore ~hafl ~Lree "13~y Xodels" Bo~* be cons~..-~.ed prAor · o re~ording of a pla~', foF ~ pro~ec~ Lf 8L. pliod fo~ by the pre:~ec~ ovner. S/te(s~ .'or t~e Bodel(o) BusC con~o~ . ko zoning iI~ ~ I~a lo~aCod on a fur-ute plaCtad lot. A Bmtee and Mountie 1~1 dascrip~Aon shall be prey%dad on ~.ha sate plan required a~ ~ of the building perBlC issuance. Access shall be provided to each Bodel from ~.he Bodel serving aa a 'Sales Cen~ar' or an approved AndependenC 'qales CanCer#. Access shall be for pedestrian ~arf%c only, no paved road vill be allowed. .. A.s~a%.es cencar~ nay ~e conse, x~ad prior ~ oz · p~a~. ~a saatan Can~arn nhaX% Me llaiq~l t~ one :.: :. n~x-~ {ona huA~dAnq perni~. } X~ my be serviced My ..... · t~s~orar~ u~l~y amain {~.a. dry ~elA and ~xnX/draAn~nld} prior ~o ava~lal~L%A~y o£ mm~raX _. .pezlaaln~ vat. z, IFIIt4,1%1 IvlA3.a~le tO lexvl fJm ClnCer. At r. be_~J, le-oz t.ziX~X~,ng p.raAt al;plXoat:ioa £o~ &' "Salem _C, mCer-_a teapoz'azT ,mae peraAt mt:aX% ue' ~..SaXem _ y hOC ~. o?aupx?a unP, J.~. a pez'sanent Car~Aca~e o~ ,~be~ms or ~h]Jm 'mac, Ann b tc..~den~.tr~ ~f~ deveZo~men~. lPtnA%y P. om%dent%ml, sm S76 (l) Cumtcmm..~ accemaoL~ usa and rl~c~, An~ludAng gaFag~s mAd/or A. General% All yards, tat-bach, otc. shall be An relatAon ~o ~e AndivAdua! parcel boundaries. B. KAnimun Lot Azea% Trac~ WA, . 7,SOO square feet Tract 'C' - S,O00 square £eet TZ'8C~, 'tAB ~ BCe ?S £eO~. 49, fe',rt '70 £~ 45 roo~ ~oes or Trac~ uA" 8n4 ~c' Bay be used for re~ion and/or Xakem, : b. L4kes shall be setback £L£~ (S0) £se~ £~GA any per/ne~er : boundar~ line or the overall iq3D. · , ~,..~.~ .... ~.**., '~--..~. -~ .... c. ? * ': '-' ~'--. -'~'. :~' . . J fZ~ON LOW DZI~SXT~ ~0XG'X-IfJLICZ:L.T m~ ~ lncl~dlng gzrage~ and ~lo ~, ~l~'s pla~d ~as, etc. ~ s~ll ~ vxsually ~d ~/~ally c~a~ble racil~ee. 4.4 D~q'EI,OI)M~ STAh'T)k,q~..Dg A. ~eneral~ All criteria lio~ad belov shall beu~der~f~od ~ be in rela~iQn ~o reapec~ive ~rac~ bou~dar~ linea or be~ween buildings. l~l£ (1/2) t3lM sun Of the heLgh~m of ~ C**. ~ FI~ ~at tO0 ~ fMC. O. '*~bL~tt (2) .~~ I~~; YA~en (IS) ~ee~. r &lt~z~l 'or bad, or lan~ u~ed, ;1~ vholo o~ L~ E)~z~, £o~ oth~ ~ ~he · ¢. 1. Open fpac~/~atura Preoe~-vto (~~ ~a) ~~. ~~ ~d~). a. Overall al~'.e d~iqn shall h ~n~o~ ~ ~ o~ ~o~ect roadea~ ~d or o~er ~terference, Raxln~ (1) PrlncLpal S~cC~e -~nt~-fL~ (2S) feet. (2) ~J ~orth ~n ]Sap 1, ~h~ ~ NasC.~ Dev~lopnen~ Plan. ~, ~ ~, o= 1~ ~e~, ~ ~le o= ~ p~, for o~ ~ (1) Open spices/nature preserves (2) Lakes (3) S'na1% doclrJ, pLera or of, ho= such rm~J.l.J.'tJ, e. constructed ~or purpose~ c~ lake re~-s,a'tJ.on for pro'J oc'c. (4) ~ conR~l ( s ) r xax.t, mua s%~ covtra~e by lmtnc:tp./st, rucl:ure., for ~1~ of ~ ~1al ~~ o~ ~l ~0 0.2 ~ ~ ~, for ~ ~ ~ foilings ~)1 ~ ~. (c) ~ ~ (s~ ~ ~ floor ~r~ o~r~e ~. ~llat~o~ ~r~ (s~e~ ~_Se~on 8.11, 2~g ~d~ce)r w.~z, ~on~ng ~a~ce)i co~e~lal re~a~ton ~es /nd~rl ~~al ICh~ll~ confec~/one~ ~d c~d~ 8~. (d) ~l~ca~esoens r depa~en~ s~ores ~ cleaning shopsj ~ q~ s~ores~ ~d drape~ ~. a ..... (g) (34z'~S~ m~ply rt~rto~ide d~splay JJs sade and reef · '~ ~A~. (~~ x ~ ~o~ xx) (~ ~ .. Ca) ~ ~ 8.~, z~ ~An~ce). (q) sh~ ~ir: sh~ s~s: sho~ing ~n~ (S~e~ ~ Sea/on 10.S, Zon~g ~tn~ce)% somnLr s~s: s~ioneu s~res; ~d Co (w) Child caz~ center. (a) Aoomsaory uses a s~ ~~ily ~h~ ~ (e) ~ Wuh. (b) (c) e~o½e~x_A.e, "zeh..~W, distrib,~on (tb~ 'throe uses (a) Front yard - ~/en~y-rivu (25) £eet plus one (l) ~oot for each two (2) fee~ o£ building height ove~ fifty (SO) feel:. (b) 8ida yard - none, or a BAnimm or five (5) feet vit. h unobstructed passage rrm. f~on~ to rear yard. (c) near yard - ~'b~n~:y-flve (2~) reek. ep J~'re~ 1~ Collier County Ra~a~lono in e££e~t a~ the tiaa mi~ pm~-mlt~ a~ requamted. ~evelc~ 0£ ?fac?. "D" shall be {;~aled to co~[-esPond to nuaber of ~velltng unit] a~ obtained through lite ~X~t ~e~ ~ ~ ~.~ or ~ (2) M ~ ~ ~ ~s,24o ~ : ~ ~aoe vilX ~ ~ ~ ~o~ ~d rill not ~midential ~vel~n~ ~ ~. Unlemm mpmci£ically ~er~/tted for · ~/ven use, ou~..ida s~oraqe or di·play of ~rchand[se ~· prohibited. However, the co,mercial '~ of'~to males (~lui~ or gage m~es, la~ caX~ ~ ~ mu ~ o~ ~X ~u for m~ ~ ad~~~i~o~~ (4)~~a~~ maid ~; ~ ~ ~t~O shill ~ F~d ~ li~ a no~iz~ a~t ~ maid mtl~lati~ or ~~. Tem~r~ ~ ~y ~cl~ ~m plac~n~ of ~~ ~ ~~ ~e ~ ~ ~oc~ued ~ ~a~ or ~4in~ce ~d ohaXX b s~ec~ ~ ~e ~naX~iea )gap 1, FOD Mast;Mr D~v~l~nt Pla~ illustrates th~ ~ to SectAon 7.27, C~), of the Collie~ County'ZonAng Ordinance. This pro}~ct shall be developed An Cospliance with all o£ the applicable requirements of the Collier County Gubdivision R~qulations. &. J~:rma~Aonal Facilities Fz,vieAon~ & total o£ at least iS.1./~ ~ o~ l~d vl~n ~ ~~ao o~ ~ ~ will ~ ro~ B2 ~ba b ~hat 'bUi~dAn~ permits for 200 ~sAd~tAal ~ bs~, ~ ~lo~ ~ ~ ~ ~~ ~~ ~, ~e (X) ~XI ~, ~d a ~l~'m play Pl ~. a4dlt/onal recreational £aoilit/e~ shall, ~ ~e ~)~ ~ch ShAll Anol~e a ~AIA~ ~a~ of a hpi~l X~fl~ ~d for ~~. Lake Tra£ror~ Road up to a width 0£ £1£ty (SO) detarBAned ~ the Coun~ Trarmportatlon fervicea OivJ~lo~ for An~ru~~ J~rmreNnta. :r~paat fee ~~ ~ or...~~ value ~~~ ~zArxe= a~xsmrs. ~~re, fair ~r~t ~lue ~1 ~md ~n ~e highest ~d ~ot l~d ~e (a~A~l ~) The developer ehall prc~Ade ~eetbound left turn lanes on lake Trs£rord Road at each raeidenttal access. .H....Z. load ~upa~c Fees shall be as set forCA in OrdAn&nce IS-H; ~d .~re~. , I:xo~u~ng '8~VMIAma?~on, lo=eH ~uprovtmmC8 shall :be ~n plaoe ~fore ~y e~/fAom~o of ~~ ~ Ass~d. All Defiled paving, gTad/ng; sl~ d~a/nage and Ihal~ ~ S~mit~ed to ~J~ Rev/er Se~icem for rev~ev. Xo De and cens~32¢'r, ion o~ Ill ,tBproveuen'~:o shall be sub'Jecr. tG.-coBplianca vS.'cA ~ al~proprla'~8 provtelorus o£ 'cAe Subdi, vi~Lon Xequla?.ionl, a~QrGAACe V~ Collier County Ordi. nar~ce Xo. li-:~6 &~d Ot'~fJ. nance 18-26, vL~L~ Collier co~y rl~h~-o~ovmy mba3~ m~ the rm~LLronente o~ Collier County r~ght-ofovmy OrdAnmmm 83o01. Aooooe Lupr~veBonte An~o a~al. ~s p~ ia ~c~d~ ~ILoo vi~ all ~ p~ ~~ shall Sub~v:l, sLon lUst, ar Plan roquirod pursuan~ ~o Collier Coun~ C~e 71-01~ as amandad. on Re~ula~J, ono' Y.o ds£Ano ~ r%gh~.-o£,.vay, ~ emoenente as Ihovn on t%te m4~.mr plan.. A~ roads, publio o.r ~rAv~_te,.ehal% be An £ull compliance vi~h ~r~~m .Subdiv%sxon ,guAa~lons X. Ali cul-da-oac~ shall be An full ooupliance lul~Ltviolon ilequlat;J, onm, Anel~ damLqn and cona~---~Aon roquiremente. AZX FequAr,aante o~ ~be lu~XvXsXon Ordinance Bi%tee ~ var:LL-t©ae 'w~re raqtleaT, ad, ~ :: A. Vmri£ica~Lon £ro~ ~he Xmnokalee Water 8ewer Dle~ric~ star. lng ~Aey have revAeved and approved ~he va~er and oever facilities engineerinq cone~.ruc~ion docu~qnte required and BUa~ acconpan¥ ~he de,ailed conaP, ruction plane mummies/on. B. Veri£1oa~ion o£ sewage CreaCuan~ capacLt¥ pursuant Co Ordinance #o. 80-112 ~o service ~Als prolecC As requ/red and ~uat ~oapany CAe detailed ~onaf~uc~ion plans sub~Assion. C. This pro~ec~ shall be designed and constructed in ~. on ~e devmlo~nC a~ll ~ 8~t~d ~ ~ ~l~ing Se~ices feo~ion rot ~eAr revi~ ~d o~ll ~ s~ ~ o~ SO~ native plan~, ~ n~ ~olu~ng ~es, s~s, ~o~d c~er. A~ Xe~ 60~ of ~ ~ees~ e0~ or ~e ~d SO~ o~ ~e ~o~o~r s~ll ~ native s~ies. A hi~her ~rc~Caqe or ~rees or e~ c~ o~se~ ~ ~1 ~en~ve of ~e of only SOt naCi~ ~o~d c~er. ~is pltn shsll depict ~e incc~ora~ion o~ ~CXve s~cies and ~eAr nix o~er s~cies, ir any. ~e ~al o~ si~e l~capLng shall ~e re.reunion or native vege~Cion ~d habl~ac ~rnils ~ open sp~oe areas r these ~i~ ~l~ ~a.~ pl~io ~as. ~r, d~el~n~ of ~y ~d ~i~. ~l M~ ~el of f~ (4) i~ ~ ~oa~r ~r at ~eut ~iqhC (~) shall ~ ntained vi~ ~e a~al ~fer/o~n s~ca' ~a(8) ~ defied aa ~lnq all not deoi~a~ed Uprm~m, ~d ~ch art no~ wl~ln ~e develo~t e~elo~ indited ~ ~ ~ce~l ~s~r ~.OrdAaan(~ mo. moos2 (aeaovaX of IXo~o ~z o. Lmr. or:~cLL m%'~.em duzing the coum J.f mate _~m~.l oentag~ CollAer c~ ~e~ Review Seryic~o are &greed u~n. ~ u apiFA~prza~e BAtiqative Boasuros 81gn perui~o are raqueo~ed. on. S.%X o£ ~ Collier approprxace I~M ~Ae developer. Legal Description -_-} · · ' ! I r.,;. I .,! · MAP .~ i · 4 $ 7 · 14 IS 17 11 2O 22 23 27 30 31 32 33 34 3S 3? 38 40 .41 42 43 RI~OI,UT~O~ 97-, A ~..SOLU~ZON BY THZ BOARD OF COUNTY COH~XSSXONZRS OF COLLIER FLORIDA, ~~ ~ ~ 2.7.3.4 OF ~ ~ ~ ~ ~ DA~. 28, ].ltl, il i~:):~ac~, t:o the prrliliOrd Or 14~.ion :~.7.3.4., o£ · he Land Developuent Coda (l~C), TJ3ie Lilitl faf Approved I~D Zoning DistrActs together vi~h ~heir reape~iva Xaeter Plans; and IrHz3~EAS, ~Ae ~ vas adoptsd con, la,eat wASh and under provisions of ~he Collier County Growth JMnagoBen~ Plan; and WHZRZAf, ~he Board of Cotmt~f ComallSioners hal reviewed · UD a~d has deternined to ex~end the current PUD Zoning for. years, until March 2X, 1999; and HOW, ~HEREFOP~ BE X? RESOL¥~, MM ~Ae B~ard of Zoning Appeals of Collier County, Florida that: 3e The above recitals are adol~ed herein MM reference si if fully set forth here~n. Thin Resolution shall constitute evidence o£ conpliance with ~he review requirenents of Section 2.7.3.4 of the LOC. Pursuant to said section of the L~, the current PUO approval ia hereb~ eFtended to Harch 11, 1999; at the end of~i~time ~e ~er shall ~lt to ~e pr~edureo An ~ I~Aon 2.7.3.4. This Resolution shall becoBe effective /nediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the sinuses of this Board and in the records of the Petition for which the extension ia granted. -1- Th~ ~el~lut~ adopted a£ter ~:~t~, lec~md L~d ~a:~or~ty 4 ? ~0 14 iS ~? DWZG~T Z. BROCX, ~ f/XrrWhead POD/ ~ATER AND SEWER FACILITIES A~CEPT~ FOR It~PLES HERITA~, PHASE ONE-B O~CTi~: The Board of County Commissioners, Ex-Officio ~he Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to se~e Naples Heritage, Phase One?B and authorize the recordation of the appropriate legal documents. .CONSIDERATIONS: 1) The developer of Naples Heritage, Phase One-B has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Uti.lities 'Dl-vlsion under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that 'the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities is covered under the Subdivision Improvement acceptance. FISCAL IMPACT: The water and sewer facilities were constructed" without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. MAR II 1997 Executive Summary Naples Heritage, Phase One-B Page Two G~T~ MARAGEMENT XMPA~T: The sewer facilities will be connected to the South County Regional Wastewater Treatment Pla~t and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present REC~NDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Naples Heritage, Phase One-B, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; 2) Bacteriological testing has met the County's requirements, and; .3) .... The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment bacteriological testing for water usage from Utilities for PREPARED BY: Shirle~Nix,/Engineering Technician REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager II Executive Summary Naples Heritage, Phase One-B Page Three COMMUNITY DEVEr~OPMENT AND ENVIRONMENTA SERVICES attachments Date I~AR ;I, 1697 I EXECUTIVE SUMMARY ADOPT A RESOLUTION URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWlDE BEACH MANAGEMENT AND SUPPORT HOUSE BILL 103. ~: Adoption ora resolution urging the 1997 Florida Le~slature to create a dedicated funding som'ce for statewide beach management and support passage of House Bill 103. CONSIDERATIONS: A bill has been introduced in the Legislature by Representative Dennis Jones to provide a dedicated fimcling source for beach preservation projects. The Florida Shore and Beach Preservation Association ('FSBPA) has requested strong support for enactment of this bill (COl~ of request attached). The attached resolution has been prepared for that pucpose. The Beach Renourishmen~tenance Committee has reviewed this request and unanimously endorsed its approval. FISCAL IMPACT: None GRQWTH MANAGEMFNT EMPAC'T: None RECOMMENDATION: That the Board of County Commissioners: Adopt the attached Resoiution urging the 1997 Florida Legislature to create a dedicated fi~ncling source for statewide beach management and support House 103. 2. Authorize the Chaiman to execute the Resolution. Harold E. Hu~, ~oj~ ~g~ HI Capit M agm t ~WED BY: t ~.~ .~. ,. .~ % Date- dolfo A. ~e~ P.~,.~r~or ~ce ofCapit~roj~ M~a~t ~~ond W. ~, P.E., Intern Ad~ra~ ~bli~ Wor~ ~sion ~~s ~: B~h R~oufis~~t~ Co~ MAR I I 1997 6 ? ! 9 10 1! 14 i? 19 20 21 22 24 2~ 26 27 2~ 29 30 RESOLUTION NO, 97-,., RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING TIlE 199'/ FLORIDA LEGISLATURE TO CREATE A DEDICAT£D FUNDING SOURCE FOR STATKWIDE BEACH MANAGEMENT AND SUPPORT llOUSE DILL 103, WHEREAS, beaches are Florida's number one :ourist attraction, generating more than $16 billion annually to the state's econom.~, and WHEREAS, wide sandy beaches are the first line of' protection against hurricanes and can reduce damage to coastal properties by more than 50%; and WHEREAS, the Department ot Environmenta! Protection estimates that at least 276 miles of' Florida's sandy beaches are ex.."¢riencing critical erosion, a situation which is hurting both tourism anti storm ..-rotection along both coasts; and WHEREAS, when ihe state's beach management program was enacted in 1986, the Legislat,re declared an intent to "appropriate at least S35 million annually" to implement this program, an amotm~ rein£orced by DEP's FY 1997o9[ legislative budget request; and WHEREAS, average appropriations over the last five years have been less than $9 million, resulting in long delays in urgently needed beach preservation projects; and WHEREAS. tlouse Dill 103 in the 1997 Legis!ature will create a dedicated funding source for statewide beach manageme.~t e:' approximately $30 million annually trom cruise ship passengers embarking and debarking in Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Section I. The Board or County Commissioners strongly urges Ihe Florida Legislature to enact HD 103 or any other legislative effort to provide,_ long-term dedicated funding for Florida's beaches. NAR II 4 6 7 9 !0 11 12 14 15 16 18 19 2O 21 22 Section 2, A cop), ot' this resolution shill be providad to sll members or our local delegation in the Florida Legislalure and to the Florida Shore & Beach Preservetion Association. Section 3. This Resolution shall tike effect immediately upon adoption. This Resolution adopted this day of' , 1997, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST Dwight E. Brock. Clerk By: .. Deputy Clerk Approved as Io form and leg.al sutYJ¢iency: HeadS F. Ashton Assistant County Attorney By: Timothy L. Hancock, AICP, Chairman I 2 $ 4 7 10 13 14 15 17 21 22 24 26 27 ?.9 30 ]1 111-161-97 EXHIBIT TO RESOLUTION .NO, 97- An act relating cp..~lx,..on ~, use, and otl~et transactLons~.l~*/~eacJ~g ~. 21 2.0607, ~.S. ~ cruis~ ship.lesiOnS or tickets; providing rates o~ the surcharge~ ptov£ding exemptions; providing t~/t the proceeds shall be del~osited in the ~colyscem Ilar~gement &nd Restoration Trust ~und and used excLus£veL¥ :o l~pLement state, ida beach Aanagement plan; providing administration, collection, a~d enforcement; providing £or rules~ providing an e££ecttve date. ~ERF~S, tourism Ls · key co~ponent o8 PlorLda*s economy, garter&ting more than $40 bill£on in revenue annually, I~I£REAS, dur£ng the decade o~ the lgOO~s~ the nmaber of tourists vie£t£ng Flori'da annually has s~ovn vi~cualLy no 'g&~n, thereby negatively impaccLn~ the state's econom~, a~d i~I£REAS, Florid& Lz f~cLng Lncre3~Lng competition for tourists E~ beach resorts Ln the C~Lbbe~n and ~xLco, and ~R~S, F~o~Ld~'s n~be[ one touc~it act~lctLon ~ her beaucL~uL belches, m~ny o~ vhLch h~ve become bad/~ eroded t~=ough neglect and Lnsu~icSent ~undLng of t~e state's beach ~nagement ~togr~, and ~ER~S, ~ sound and cost-eE~icLe~t strategy to attract additional ~ourLsts to FLo~d~ Ls ~o ~estore and ~e~utLE~ the state's ~ec~eatLonal beac~ system, and ~R~S, studies shcv chat a maJo~ cause sE beach erosion in Flor/da Ls the presence of deep ch&nnels and I CO0.[Hg~ #orda et,~irel~es are deletLone,! ~,orcls underlJ, ned are additions. NAR 1.1 1997 III-161-~? I 2 3 4 f) 6 10 11 12 13 14 1S 17 18 ~0 22 23 2S 27 ;28 29 30 31 protective navigation structures Mc ports and harbors which Interrupt the littoral movement of sand thaC otherwise would naturally renouriah the beaches, and NIi£Ar. AS, beach eroiLon has been declared, pursuant 8. 161.088, Florid& Statures, to be a seclous menace to the economy and general velta:e o~ the stare, and the Legislature has dec~&red ~c to be a necsssar~ gove[nmentaL tom&nags and p~ocec~ r~orLd~'~ beaches ~tom e~o~Lon, ~R~S, r~or~da's beaches serve v~a~co~s and alLke Ln providin~ unparalleled recreational oppor~un~Cies, 4nd ~~S, ~lorida's bemchls and dunes provide envlro~en~ally co~cible s~orm protection Co uplmnd development, pro~eccing more chmn ~0 billion In property ~R~S, ~he Legislature has long rec~nized the need for su~zcanCi41 ~unding co ~nage and proce~ ~loridi's beaches and co repair and restore ~ose ~eachea experiencing Be l~ £nacced by the Leg£slaCure of the Scare o~ Florida= Section 1. Section 212.0607, Florida Statutes, Is created to read: ~12.0&07 Crutse sh~p..lurchatge.-- (~) A surcharge ts Ln~oooed upon the.~ale of.every ~ruise ship admission or ticket :or each embarkation and each 4ebarX&tion originating at a florida deepvater port deliqnate6 in s. 403.021(g)(b}~ reqardless se vheChec the,cruise ve~el ~s Licensed in ~lorida. l~ t~e oru£se ia 24..houri or lonter 2 CODZNG: ~lc)rds stele#es are deleCionsl .words .underli.ne_d are additions. ill HAR I 1 1997 111-161-g7 4 S 7 8: 10 11 ~3 14 1S ~? 18 22 30 31 than 24 hour~ in duc~tiont ch~....surcharTe shaX! be 71. ~urcharqe Lo tub~ecc to all appllcab3e taxes imposed by thi- cha~ter. ~.~e surch&r~ does not i~ply t~..an¥ admiss£on ~el i~41d or ticket purch~led esr the.pu~oee sE sporcs~ ~ommerc~al, or recreations! e£sh£nt, divtnq, or li~htseeing (2) Nocvithste~difl~ the provisions o~ s. 212.20~ .leos costs o~ ad=inl~t~atio_n, 100 percenc_O~ the Proceeds....o~ ~his surcharge Ihal$ be deposited in a separate account in Chi Ecosystem Management and Aes~oracio~ Tr~st b"und. For purpose~ of th£s section, 'proceeds" o~ Cbs surc~3rgl means ~l funds c~Zlected ~nu received b~ ~he depa:c~enc under chis lecc~on~ including interest and ~enaities on delinquent eurch&rqes. {3) Fun~s ds~o~lted in the Ecosystem ~JnlIsment an,~ Restoration Trus~ Fund pursuant co chis ~eccion shall be vie,! comprehensive staCe~ide beach manaqe~ent plan, erosion control, beach preservation, beach resCorac£on~ beacl, [,enourishment, led hurricane pcocect!nc, pUrsue_nC Co chapte, 161. Elilible activit£es sAall also include innovat£v~ ~nhaflcemenC and m£ciqat£on pro~ects addresainq the coastal ~vironments !sc those 9ores ~i=c~d Z~ s. ~orcs-relaCed eli~£ble activities may include dcedte maCatlaS manaqement~ rec¥clin~ se beach quality san~, and sand to ad,scent beaches. £1i~£b~e costs shal~ lncZude expenses not reimbu~led..Chrou~h chi ~edecai ~arbor J44intena. nc~ ~rus~., Fund. Such Cued. sha~l nsc ~e ~sed ~or any oChec ~ur~ose. (4} Exce~ as p~ov£d~d in ~his section, the department shall administer, collect, and en£orce ~hu eurchar{e. provisions of ~his c~a~ter which apply to interest ;efla~t~es, 0~ delinquent taxes shall 4p~l¥ co ~.surcharte. 3 CODZNG; t~ozda se~ieken ate delec£ons; vords underl,ined are additions. 1997 1 ?h~ mut=har~e mba1! not be Ln=Luded L~ the caXcu~aC~on o~ 2 eI~Lmaced caxei reuanc co I. 212.11. ~he dealer;, c:edLC 3 rovided ~n I. 212.12 sha~ hOC .DOZ.- - ......... ~ . 4 .~nder th/, leCtLon. .v 4n 4.cunc cozzectea S Sectton 2. ~ Revenue Il &uChorLzed Co 7 Ch..urehaca. i~d~h~'a° ~o~lecc £, 1.re.nc and .n£orc. 8 Sea,ion 3. ?hi. acc .hall Cake e~£ecC uI~on becoming a 9 lay. ?he surcharge /J~osed by chia ac: shall be¢oae due and 10 colleccLb/e beginning July ?, 1997. I1 12 13 14 17 II IS) 21 2:2 23 24 27 21 3O 31 4 undeciLned are add/Clone 111-1~1-~7 1 2 3 4~ 7 10 11 12 14 18 19 21 22 25 26 {0 31 HOUSE SUHJ~Y Zmpc~ses · succh&rge on Che I&le si certain cFuise Ship admissions oc tLckeCo i~ the cate of SS for cruises of 24 hours or longer ,nd $! ~or less ch·n 24 hou:s. Exempts ~lshiflgt diving, end sl~htseeing czuises. Pcovides chit the proceeds Ih·ll be deposiCed in the EcolysCem ]linlgement ·nd Res~or&cion Tc~sc F~nd Ind used exclusively co impleme~c· scl~e~£de beach managemenc 6 (~:)DXNGs F~rds nt~-tehen ire deletions; vords underlined are ·dditions. HAR 1 1 19 7 TO BOARD AND BEACHWATCH MEMBERS RE: HB 103, Representative Dennis Jones (Pinellas) Cruise Ship Passenger Surcharge for Preserving Florida's Beaches. I wanted to provide each of you with a copy of HB 103 and the accompanyiz~ FSBPA FACT SHEET. I will let you know the corresponding Senate Bill number just as soon as it gets out of bill drafting. I am ~lelJ~hted we finally have the first true effort to secure our decade-long goal of dedicated funding. It is imperattYe that every member government support thi and any other attempt to f'sally fund a statewide strategy for repairing the State' beaches. Let's not let this opportunity slip away. Please get your commissions to make dedicated funding for beaches a priority of your 1997 legislative agenda. Make sure your local elected oftlclala contact every member of your local legislative delegation, and ask them to support HB 103 and any other legislation providing long-term dedicated funding. This needs to be done now. For those government members with lobbyists in Ta~lahassee please get them briefed and working the issue now. . Keep me posted, and I'll do the same. L66t 3Af=O_, iuHAR I 1 199' HBI03, Representative Dennis Jane· WHAT T~ BILL DOES 1. Levies · state surcharge on cruise ship pauengers when they emb&rk or debLrk from Florid· ports. Fee schedule is: cruises over :24 hours: $S,00 - cruises under 24 hours: $1.00 2. F. stimeted mnfLl income to tho state f~ $27 million. (based on 1994-95 figures.) - S mS/lion embtrkation·/deb&rkations over 24 houris sm $2S mifffon -- 2 mil2]~n embLrimtion·/debukatlons under 24 hours - 12 miff/on 3. Fee would be put in the state Ecosystem Management &ud Restoration Trust Fund for rep·ir and maintenance of Florid·'· be·ekes ·nd for enhancements to the beach environment by Florid·*· deep water ports. 4. This biff would free up feneral revenue fund· currently Lllocatad to the stata°a beach ma·mr·mane pro·ram. IMPORTANCE OF BEACHES TO FLOR/DA'S ECONOMY . _ . n ~ 16 bLllion to the state's economy. {On avia · Da.ach tourists stay [our da-s · ...... · ' ~ ,artier ann spen~ more per ca it· than ism· to other Florida destJ, ua~ons) P those 2 of Florida'· 787 miles of sandy .~Lm m negatively ~muacttn- ----f--- -- -- - - ' ---- for th ..... .,__ - r _ · ~--,~m, walt· ua· been r·l~tivelv · uurmLs to o(ner aestLuntions, includin~ the Caribbean and Mexico.° 3. Va'non the state's be·ch ma·sEem·ne pro·tLs wLs enacted in 1986 tho Legislature declared an Lutant to "·ppro ri·t. ·t lea ' · to,--;,.mant th. ;re-----. . .? five years have been S8 6 m..~-'~ ,-~ '.'.~.~" ·ppro_prlauons for the ......... : · T.-~_ .... Ba4~Lug it Lmpoas~ble to adequately · -,~ore ·ns mnLUt·LU Florid· sbeaches. J - 4. DEP estimates that to restore ·nd maintain Florida's +276 miles or . -- .. u~ ~.~o mLulon. LE C~Tent federul ud local z~Qrmu~s are maintained, the state's annu.m ---- --m.. 1- 13S ndlllon, retzLforcin~ the vis~-- -- -,,o~'---""0~w--~ ·e oerwesn 130 and 10S or the state's :276 mile· ~--~ ......... .&~ merit A~. {Only be·n- ·ddt ........... ,'_'_~uc&uy'ermzzn· he.cites ere s -un uy cue at. ce · be·ch m an·lament profrum. J 5. For. ?1997-98, ~ governments h~ve requested 827.:3 mi/lion iR ~*0 , ~ma.t?ng. fun_d~. ~.or beach p~j~s. (These proJec~ enUfl~ ~ T . e Another ma~Jor benefit of Florida's beech management program is storm protection. The presence of · 100-foot wide strip of beech reduces storm damage to coastal properties by more then ~S0%. Beaches are the first line of protection from storms and hurricanes. They protect $150 bi/lieu in coastal buildings. If we el/ow our beaches to erode away, tho state and federal governments will be stuck with unnecessarily large storm recovery costs. (The Corps of Engineers estimated that structural damage from Hurric~ne Opal et Panama (:iCy Beech would have been reduced by upwards of 70% if the pending beech nourlshznent project there had been completed.! RATIONALE AND NEXUS 1. Navigation Inlets, including ports, are a sigulflcent cause or beach erosion in Florida by blocking the sand flow thee provides 'natural bes~h nourishment.' It is appropriate that users of these ports help support remedies to the beach erosion problem. 2. Caribbean cruise destinations typically charge a 'head tax' and other fees on U.fl. tourists while the State or Florida gets nothing. FoLlowing ere port end passenger fees collected by cruise lines on passengers from Florida ports: ]~ahamas 4 night cruise $84.50 Jamaica 7 night cruise $118.50 Mexico 7 night cruise S126.SO 3. Nearly aL! the cruise ships doing business in Florida ere registered abroad in countries such as Panama and Liberia. They pay virtually no U.8. or Florida taxes. ALi shipping related income, such aa ~ise fares, is tax exempt. PROJECTED IMPACT~ ON FLORIDIANS & THE CRUISE LINF,.S 1. The overwhelming majority of cruise p.ssengers deperting from Florida ports are residents of the other 49 states of the U.S. or from Canada. . Thus, relatively few Florfdisne will be subject to the proposed surcharge. [Florida, with the world*s three busiest cruise ports, serves about 79%'of all North American home port passenger movemeuts. J 2. The big majority of these out-of-state cruise passengers do not vacation in Florida. Rather, they use Florida as merely a 'ray station' to and from the cruise ship. 3. The eversge cruise passenger pays more than SI,000 for his/her trip and spends tn additional 8125 st each port of call. I/ EXECUTIVE SIYMMARY ADOPT A RESOLUTION URGING TIIE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACII MANAGEMENT AND SUPPORT HOUSE I~H~L 103. ~aff.~.t: Adoption of· resolution urging the 1997 Florida Legislature to create a dedicated funding source for statewide beach numagement and provid~ · conm'bution to hire tv.:o special lobbyists to support passage of House Bill 103 and its Senate ~on. CONSIDERATIONS: A bill has been introduced in the Legifiatu~ by I~ Dm s Jones to provide · dedicated fandi source for beach presmestion nvjem. 'l'ne Florida Shor~ ~d Beach Preserv~ion Association (FSBPA) h~ r~luested stnm8 support fm'~ of this bill (copy of request attached). The attached re~o{ution ha~ been prepared for that purpo~. In eddition, the FSBPA 13ediceted Fundin8 Committee is asking for corrtn'butions to hire two special lobbyists who will support lib 103 and its Senate companion (copy of request attached). The Committ~ is asking beae,/fftom governments to contn'bute $5,000.00 toward this fund. This would he considered · good inve~hent toward current and fisture fundin8 applications to the Legislature for long-term beach and pass management in Collier County. FISCAL IMPACT: Cost: $5,000.00; to be obligated in the budget for FY 96/97 Fund: (195) Tourist Development - 60% Cost Center: (i 10406) Beach Renourishment - Category A ~"~N,~"~ Project Number: (80225) Collier County Beach Renourishment Sufficient funds are available in the current budget for this obligation. GROWTH ]~LS, NAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Adopt the attached Rer, olution urging the 1997 Florida Legislature to create a dedicated funding source for statewide beach management and support House Bill 103, Authorize a contribution in the amount of $5,000.00 to the FSBPA Dedicated Funding Committee to hire two special lobbyists who will support passage of HB 103 and its Senate compaxtion. ~ubjeet to detemlnatttn if ~am~iate us~ of ~IX~ f'mds o 3. Authorize the Chairman to execute the Resolution, MAR ! PRI~ARF~ BY: ~D BY: REVIEWED BY: ~h~. ~. 27.~7 Public Works Division ~S ! 3 4 $ 6 ? ! lO il Z2 13 !$ ~6 l? 19 2O 2! 22 23 .24 26 27 2~ 29 ~0 31 RESOLUTION NO, ~7-.___ RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORT HOUSE BILL 103. WHEREAS. beaches ere Florida's number one tourist attraction, generating more then SI6 billion annually to the state's economy; end WHEREAS, wide sandy beaches are the first line of protection against hurricanes and can reduce damage to coastal properties by more than S0%; and WHEREAS, the Department of' Environmental Protection estimates that at least 276 miles of' Florida's sandy beaches are experiencing critical erosion, a situation which is hurting both tourism and storm protection along both coasts; and WHEREAS, when the state's beach management program wis enacted in 1986, the Legislature declared an intent to "appropriate at least S35 million annually" to implement this program, an amount reinforced by DEP'a FY 1997-98 legislative budget request; and WHEREAS, average appropriations ever the last five years have been less than $9 million, resulting iff long delays in urgently needed beach preservation projects; and WHEREAS, House Bill 103 in the 1997 Legislature will create a dedicated funding source for statewide beach management of approximately S30 million annually from cruise ship passengers embarking and debarking in Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section I. The Board of' County Commissioners strongly urges the Florida Legislature to enact HD 103 or nny other legislative effort to provide_ long-term dedicated funding for Florida's beaches. HAR1 J ! 97 6 ? 9 10 12 12 14 15 16 i? 2O 21 22 23 Section 2. A copy o1' this resolution shall he provided to all membere our local deleption in the Florida Lesislature and to the Florida Shore & Beach Preservation Association. Section 3. This Relolution shall take eFFect immediately upon adoption. This kesolution adopted this __ day ot~ .... , 1997, s~er motion, second end majority vote. BOAP. D OF COUNTY COMMISSIONBRS 01: COLLIER COUNTY, FLORIDA ATTEST Dwisht £. Brock, Clerk By: Deputy Clerk Approved es to form and leS.il sut'~ciency: Heldl ~:. Ashton Aasis~snt County ^t~orney }l£1111hlr~lel,.tiol~ no o~lfli)ll By: Timothy L. Hancock, AlC?, Chairman 1 2 5 6, "7 6' 11 13 14 15 16 17 18 19 2O :2'! 2:1 24 25 2'7 2,9 2g :30 I! ....... ,.. q ,~,6 P:r.r', L~llflL': 111o161-97 EXHIBIT TO RESOLUTION .NO, 97- A bi~Z to b~[t d : An act relating to.~x..on ~.~. use, and other transactions~'~.ea'c~g &. 212.0607, · ~.'3 · .:, ~ Imposing · .~cl~ on th. sale :~ certain cru£se sh[p~aiss[ons or tickets, prov£d£ng rates of the surcharge~ pcov£din9 p~ovidinq thai ~he proceeds shelf be de,os[Ced in the Ecosystem ~geeent a~d ~estoration Trust ~nd and used exclusively ~o ~ple~enb s[ateuide beach ~ana~e~ent plan~ providing administration, collection, 4~d en[o~cm~snc; ~rov[d[ng for ~ules~ providing an e~ectJve date. ~ERZAS, tourism Ls a key component og florida's economy, generating more than $40 b£11ton Ln revenue annually, and ~£~KA$, duf£ng the decade c~ the ~990's, the number dE tourists vle£ttng Florida annually has shorn virtually no gals, thereby ~egat£vely impactin~ ~he state's econo~y, and h~EREAS, Florida £a ~ac£ng increasing competition Eof ~our~acs ~rom beach resorts tn'the Car£bbean and Hexico, and WEEREAS, Florida's numbe~ one tour~s~ at~ract[on la her beaut~u~ beaches, many o[ uhtch have become badly eroded through neglect and insufficient gunding of the state's beach management ;£ogram, and tfXZ~EA$, a sound and cost-efficient strategy to atC~act additional tour/ate to Florida la to restore and beautify the state's retreat/oriel beach system, and h~EREA8, studies ahcv ~hat · ~ajor cause oF beach · ro~[on [n Florida ts the ~reaence o~ deep chan~ell and underlined are addttlons. HAR 1, 1 1997 111-161-9~ 7 8 10 I1 17 2O 28 3O interrupt the littoral movement o~ sand that otherwise would naturally renourish the beaches, and W,;£REAS, beach erosion has been declared, pursuant to s. 161.066, florida Statutes, to be a serious menace to the economy and 9eneral ws~a:e o~ the state, and the ~eqL$1atute has declared it to be a ~ecessary 6ove~nmental cesponsiblllt¥ to manage and ~/otect Florida's beaches ~tom erosion, and WtlF. REAS, ~lorida's beaches serve visitors and residents alike In ptovidin9 unparalleled recteationa~ op~rtuni~iea, and ~S, Florida's beaches and dunes provide envi~o~e~ally c~tibl~ storm p~otection ~o upland development, protectin~ mo~e :hah ~150 billion in property values in the state, and ~;R~S, the Legislature has lonq rec~n~zed ~he need beaches and to tepait and restore ~ose beaches experiencin9 Be It Enacted by the Le~£siature of the State of Florida: Section 1, Section 212.0607, Plor£da Statutes, is created to read: ~12.0607 ........ Cruise sh£p surcharge~:- (I) k scrchar~e is /mposed..upon the sale of_every cruise ship_admission or ticket ~or each embarkation and eaoh ~ebarkatiofl ori~inatinq at a Florida deepwater port d~sl~flated in s. 403.021{9)(b)r regardless of whether the cruise vessel .~s ~lcensed £n Florida. I~ tbs cruise is 24 hours or longer ~'~ dutationf the surchsr~e shall be ~5. [E the c~ylee iS Xeoe 2 CODING: Words ote&cke~ are deletions: ~ords underlined are additions. MAR 1 I 1997 PG.' ~ 111-161-g7 1 ~ha~ 24 houcs in ducation, the surcharge shall be ~1. ?h~ 2 surcharge £s sub" . ~ect to ali applicable taxes imposed by this 3 cha~ter. The surcharge does not apply to any admission 4 paid or ticket purchased for the purpose o~ sports, $, 9ommercial, or recreational fishln~, dlvintr or si~htseeing, {2) Notvithstanding the provisions ogs. 212.20r an~ !ess costs of ad~inlstratlon~ 100 percen~ of ~he proceeds o~ a ~his surcharge sba1! be deposited in a separate account in 9 Ecosyste~ ~anagement and Restoration Trust Fund. For purpose; 10! of this section, "proceeds" o~ the surcharge means all funds 11 12 13 14 15 16 17 1 1 23 24 25 :26 ,26 29': 30 :)1 collected an. received by the depa:t~enC under this section. i~_ncludin~ interest ~nd penalt£es on delinquent succharqes. 13) Funds deposited in the Ecosystem ~ana~ement and ~escoration ?rust Fund pursuant co this section shall be use~ ~xclustvel~ for studies and pro~ecta co implemen~,~ ~omprehenstve statevtde beach man&tement plan, lnoludiat erosion control, beach preservation, beach reator&cion~ beac~ renourishmenC, and hurricane pcocection, pursuant to chapter ~1. Eligible activities s~all also include innovative ~nhancement ~d mitltatton pcoJects addressing the coastal ~.nvironments ~or those ports listed in s. 403.021(9}(b). ~0rcs-related eligible activities ~ay tncluae dredte,,,materlal ianaqement~ rec~clin~ sE beach quallt~ san~, and sand trans~e: to adjacent beaches. ~lllible costs shall Include ohos: expenses nsc reimbursed C~.rou~h the Federal Rarbor ~ainCenanc~ · rusc Fund. Such [und~ shall not be used for any ocher ~urpose. (l) gxce~t as provided in chis section, Ch9 departmen~ phall ad~lnister, collect, and engorce the surcharge. ?hi provisions of this chapter which Jppl¥ to interest an~ penalties on dellncluent taxes shall apply ~o the surcharge. 3 CODlNOz ~;orda aericken a~e delec£ons; words underlined are addition0. MAR 1 I 1997 m ! 1 !-161-g7 The IUtCharte shall not be included In the calculation oF e~stimaced taxes ~ursuant co s. 212.11. The dealet~I credit ~rovtaed in s. 212.12 shall not apply to any a.,mg, unt collecte~ .u_~ndet Chis IlCtion. S 7 10 I1 12 13 14 15 17 18 20 21 22 23 24 2S ?.6 27 29 30 31 Sectton 2. ~he Department o~ Revenue ia authorized to ~dopt admin£straCive rules to collect, £mplemenc, and en£otc- the surcharge lm~osed,by Chis act_ Section 3. This act shall take effect upon becoming a lay. The surcharge imposed by chis act shall become due and collectible beginning July 1, 1997. I I 4 CODZNG: ~fotds stricken are deletioniz voids underlined are acldlCions. 111-161-97 I 2 4 $ 7 10 11 12 13 14 15 16 1'7 1 1 2O 21 22 23 25 31 HOUSE SUH.~,t~RY adm£ss~ons or tickets at the ~atn of ~5 fo~ c~u~ses o~ 24 ho~s o~ ~onge~ ~fld $I ~or ~ess ~afl 24 ~ours. Exempts fishing, dLvlflg, and s£ghtseeing cruises. Provides ~hat t~e proceeds sh&~! be deposited ~n the Ecosystem ~anagement and Res~oracion Trust Fund and used exclusively to imple~ent a statew£de beach managemen~ p~an. S COOllKls ~lords stricken are delet£ona~ words underXlned are addLtlons. TO BOARD AND BF. ACHWATCH MEMBERS RE: HB 103, Representative Dennis Jones (Pinallas) Cruise Ship Passenger Surcharge for. Preserving RoHda's Beaches. I wanted to provide each of you with a copy of HB 103 and the accompanytnf FSBPA FACT SHEET. I will let you know the correspondinf Senate BLII number just as soon ss it fete out of bill drafting. I am delighted we finally have the first true effort to secure our decade-long foal of dedicated fundtnf. It is hnperative that every member fovernment support this and any other attempt to finally fund a statewide strategy for rep~rinf the State's beaches. Let's not let this opportunity slip away. Please get your commissions to make dedicated funding for beaches a priority of your 1997 legislative qenda. Make sure your local elected oftlchb contact every member of your local legislative delegation, and ask thmn to support HB 103 and any other legislation providing long-tern de~letted flZU~. This needs to be done now. For those government members with lobbyists in TsJlahtssee please get them briefed and working the issue .n.0w. Keep me posted, and I'll do the same. Z66£ g I HB103, Represantstive Deaf,is Jones 88~ WHAT THE BILL DOES 1. Levies a state sGrcharge on cruise ship pessengera when they embark or debark From FI.rids ports. Fee schedule is: ** cruises over 24 hours: SS.GO - cruises under 24 hours: S 1.00 2. EstLmlted &Gnu-1 income to the state Is $27 million~ (b~sed on 1994-98 flf~res. J ** S mLUJon embtrhtions/debarkltions over 24 hours - $25 million *- 2 million embarkatlons/debirketions under 24 hours · 82 mLLilon 3. Fee would be put in the state Ecosystem Management tad Restor~tion Tr~Gst Fund For repair end maintenance of Floride*s beaches tad For enhancements to the belch environment by Floride*s deep w~tor ports. 4. This bill would Free up general revenue (ands currently mil.cited to the state's beach management program. 40 IMPORTANC~- OF BF.,ACHES TO FI, ORIDA'S ECONOMY Beaches LTe Florida's number one tourist 'lttraction.' Beach-related s~les generate more than 816 billion to the stste's economy. (On average, beech tourists stay Four dlys longer end spend more per c~plta thin those going to other Floridl destinitionsJ DEP estimates that at least 276 miles of Florida's 787 miles or sandy beeches fronting the Atlantic or Gulf ~re experiencing critical erosion. Tiffs is negatively impacting tourism, which has been rehtiTely staKntat for the past five 7e~ri. Hotel owners say eroded beaches drive aw~y tourists to other destinations, including the Caribbean tad Mexico. When the state*l beach mtaigement pr. fram was enacted bi 1986, tho Legisht~re declared tn intent to 'appropriate it least $38 million annually' to implement the pr.fram. (Average appropriations for the list five years have been 88.6 million, mikinf it impossible to adequately restore tad malJ~tUin Florida's beeches.) D~P estimates that to restore and maintain Florida's +276 miles o£ criticiily*orodLug beeches o~er the next tweet7 years will have t total annual cost of $95 million. IF current Federal end local cost-shtrbif rormGlie &re mLtntaLued, the state's Innual cost will be between 830 tad 836 mLLLlon, reLurorcing the vision of 1986 Beech Mtaagement Act. (Only 105 or the state's 276 miles of critically*eroding beaches Ere currently being addressed by the stste'e belch management pro,ram.! For FY1997-98, locil governments hive requested $27.3 znJlllon bi mitching funds for beach projects. (These projects entailed $:30 mill4)n in federul matchbif money plus $30.6 million in a total of more thin $2 for every state doUer spent. J / HAR I 1 1997 60 Another major benefit of Florida's beach management program la storm protection. Tho presence of u 100*foot wide strip of beach reduces storm damage to coastal properties by more than S0%. Beaches are the first line of protection from storms end hurricanes. They protect $1S0 billion in e.natal butldings. If we allow our beaches to erode away, the state nad federal governments will be sCuek with unnecassnrfly large atom roe.very e.sas. (The Corps of Engineers estimated that structural damage from Hurricane Opal at Panama City Beach would have been reduced by upwards of 70% if the pending beach nourishment project there had been completed.) RATIONAL~- AND N~XUS Navigation Inlets, including ports, are · sJfnLflcant cause of bosch erosion In Florida by block/aeC the sand flow that provides 'natural beach nourishment." rt is appropriate that users of these ports help support remedies to the beach erosion problem. Caribbean cruise destinations typically charge a "head tax' and other fees on U.8. tourists while the State of Florida gets nothing. Following are port and passenger fees collected by cruise lines on passengers from Florida ports** Bahamas 4 night cruise $84.50 Jan~aica 7 night cruise $118.50 M~lco 7 night cruise $126.S0 3. Nearly ill the cruise ships doing business in Florida are registered abroad tn countries such as Panama and Liberia. They pay vtrtually no ti.S. or Florida taxes. ALI shlppJ,2g related income, such as cruise fares, is tax exempt. PROJECTED IMPACTB ON FLORIDIANS & THE: CRUISE~ 1. The overwhelming majority of cruise passengers departing from Florida ports are residents of the other 49 states of the ti.S. or from Canada. . Thus, relatively few Floridians wifl be subject to the proposed surcharge. (Florida, with the world*a three busiest cruise ports, serves about 79% of all North American home port passenger movements.! 2. The big majority of those out-of-state cruise passengers do not vacation in Florida. Rather, they use Florida as merely i 'way station' to and from the cruise ship. 3. The average ~t~ise passenger pays more than $1,000 for his/her trip and spends an additional $125 at each port of call. COASTAL PLANNING & ENGINEERING, INC. j~TBOCA AA'TON: 2481 N.W. BOCA FIAT(X'4 BOUL~VAI:K:). BOCA RATON. FI. 33431 ACX~CMW~AI-LE:: P.O. BOX 892. ORANGE PARK. FI. 320~7 M I:IIV~FI: 25,0 WA. SI41NGTON 6TFIEET. SUITE B. TOMS FIIVEFI. NJ 08753 (407) 391-8102 90,4 ! =) 64.5039 [908! =)44-3368 TELL=FAX: [407)391-9116 TELEFAX: (904)264-5039 TELEFAX: (908)244-3664 February 13, 1997 Mr. Harry Huber Project Manager Collier County 3301 Tamiami Trail East Naples, FL 34112 Stable Fundi~ 5ourc~ for Florida, Florida Shore ~nd Besch (FSBPA) Dedicated Fundin~ Co~_ mittee As Chairman of the FSBPA Dedicated Punding Commiuee, we ar~ asking for conuibugom to hire two special lobbyists who will support HBI03 and i~s Semte companion. The bill would create an annual stable funding source for Florida's beaches and raise $27 million annually by placing a small surcharge on cruise tickets ($5 for weekly, $1 for daily). This is a great opportunity for our beaches that we can't pass up. A stable fundin~ source for beaches has been FSBPA*s mmlber one priority for the last 10 years. It was ~ by a Governor's Task Force and discussed at every beach conference. We now have the opportunity to stop talking about it and make it happen. Stable beach funding means that State Funding will be available for your beach when you need it. Our lobbying program anticipates challenges to the bills and is prepared to counter these challenges. We know that the cruise industry will be using special lobbyists to try nnd defeat the bill. That is why our special lobbyists arc so imponsr~. Despi~e cruise ship industry objections, however, the bill has already gained nmmentum and has a good chance of passing with the fight kind of support. We need your help to raise a total of $50,000 to support these lobbying efforts. Our fu'm, Coastal Planning & Engineering, Inc. has pledged $5,000 toward the effort. We have contacted industry and government representatives and have so far ~ised $25,000. Page 2 Because time is critical, I have already retained the services of Mr. D~le Patchett and Mr. Barry Honmbein (see arm:lint). These lobbyists wer~ identified by Florida Shore and Be~:h a~ having lobbyists mi they ouflimd ~n aggressive program of meetings with i~y legislators; ~-y sm'th~ work immediately. M~. Debbie Fiack will be organizing local govermm~ lobbyists to reinforce our team's ¢ffom. We are asking beachf*mm Govemmenu to contribute $5,000 toward this fund. Please contact me with any questions you may have. I lo~k forward to working with you in support of these bills. Sincerely, Flork~ Shore a~d Beach Chairman of Dedicated Funding Committee COASTAL PLANNING & ENGINEERJNG, INC. DEDICATED FUNDING SOURCE FOR FIX)RIDA BEACH RF~ORATION PROJECTS suGGESTED SPECIAL LOBBYING EFFORTS Lobbyists Rrmmes The following two lobbyists have beeu mgges~ed to me by l)ebbie FIw. k ~s beiz~ best mi~d for addressing House Bill 103 which has a Senate conq~on bill. Tbe bill has be~u of~ to the Hou:.e by ~iive Iotas from Pinellas County and a companion bill is being kaxoduc~ by Senator Ron Silver from Miami Bcach. Dale Patchett was former Assistant Secretary of the DEP and former minod~ leader in the House. As you may know, the minority in the House is now the majority. This is ~be first time in 100 years that the Republicans have led tbe Honse. Dale has many stro~ pol~ contacts in tbe House and ~ a numt~ of local govermmms and agencies. He is very close with tl~ sponsor of the bill, Dem~ Jones from Pinellas County. Barry Horenbein is a strong private sector lobbyist routinely taking contracts in the $100,000 range, a real heavy hitter. He is considered the oldest and most well-~'tablftrJ~ lobbyist with exl~-me close ties to the Senate. His 1996 clients include: O-Tech Corporal, Florida Cable- T."ch, Hom'yw~ll, Florida Power Corporation, the Seminole Indians, the Sugar Cam C.,row~ of Florida, 3M and the University of Miami. Barry has strong political ties which will be invaluable in making this bill happen in the Senate. Florida Shore and Beach, th.rough Debbie Hack, is organizing all local governmmts on the coast and will be using their lobbyists in addition to the special lobbyists ~ to help move this issue. It is the FSBPA's position that a dedicated funding source for beaches is needed. We support the current proposals which include a surcharge on cruise lines but recognize ~he funding source may change during the legislative session. The FSBPA will congnue to support dedicated funding for beaches with the currently proposed funding source or another source if time source is changed. COASTAL PLANNING & ENGINEERING, INC. AWARD A CONSTRUCTION CONTRAC'r TO SALTSMAN CONSTRUCTION, INC., FOR S.R. 29 CANAL CROSSING ~.MPROVEMENTS, BID NO. 97-2638 ~ To receive Board approval and awnrd ofa cormrucfion contract for S.R. 29 Canal Crossing Improvements to Saltsman Co~on, Inc. in accordance with Bid No. 97-2638. CONSIDERATIONS: The Office of Capital Projects Managemen! (OCPM) has completed the design and permitting of S.R. 29 Canal Crossing Improvements. Bids were opened February 14, 1997. The contract documents for Bid No. 97-2638 specify a performance time of 75 calendar days for substantial completion arid 90 calendar days for all work and final ncceptmco. The bid s~ge activities and results for S.IL 29 Canal Crossing lmpmvemmts are namnadzed below:. (1) The Project was advertised for bids on January 17, 1997. (2) A pre-bid conferezr, e was held on January 29, 1997. (3) The bid opening was conducted on Fdmmy 14, 1997, by the Prat. basing ~ staff: Five bid proposals were received as tabulated below beginning with the lowest bid amount. These amounts are exclusive ofthe cost ofinstslling Structure BRN-00-S(OSO. This work will he performed by the Big Cypress Basin. SALTSMAN CONSTRUCTION, INC. Mitchell and Stark Construction Company, Inc. Douglas N. Higgins, Inc.. Zep Construction, Inc. Stevens & Layton Engineer's E~tinmte $ 229,067.00 $ 249,180.90 $308,615.00 $358,298.OO $363,692.68 (4) OCPM staff met with Saltsman construction, Inc. to verify the bid, discuss references and man~wer. Saltsman Constmctio~ Inc. assured staffthat they understood the scope of work and that they have the manpower to perform according to the specifications of the bid. Staffhas obtained commitments from property owners along the project to pay for the cost of the pipe material for the project in the total amount $28,608.00. OC'~M staffwiil perform consUuclion inspection services. FISCAL IMPACT: Funds in the amount of $241,000 are available in Fund 111, Cost Center 172951, Project No. 31701. The mrd project construction budget is outlined below: Contract Amount: Construction Management: Contingencies: $229,067.00 $ 18,720.00 $ 13,513.00 Total Pro_leer Budget Staff requests the Board of County Commissioners to recognize the revenue in the amount of S28,608.00. A budget amendment is necessary to transfer the revenue into expense ~ no. 111- _ 172951-763120-31701. I~'~-'~'~]- I -' .' ...... IL ~I !III GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION- That the Board of'County Commissioners: (1) Award · construction contract to Saltsman Construction, Inc. in the Iow bid amount of' :$229,067.00 and authorize staffto proceed with construction. (2) Direct the Board Chahman to execute the construction contract. (3) Accept ownerS' contn'bution in the amount of'S28,608.00 to purchase the pipe material. (4) Approve the necessary budg~ amendment. REVIEWED BY: ~r DATE:~7 REVIEWED BY: REVIEWED BY: REVIEWED BY: s ' pur~uin l~ctor ~'_'~/~I~ DATE: Adotro A. ~~ p.~~or ]merim Public Works Adm~ Attachment: Bid Summary Sheet EXECUTIVE SUMM~Y A~PROVE SILTY DAY ~L'T'~NSZON TO AG'R~3~ FOR F~CY. AL ADVISORY ~ ~C~ ~0; OB~~z ~at the Board of County C~issioners a~r~e a ninety (90) day extension to the agreement with Ra~nd Ja~s a ~soc~a=es, Inc. for financial adviso~ se~ices. In addition, s=aff ~s seeking BCC direction regarding the selection process for a n~ f~ci~ advisor. CONSIDE~ATZONB~ The current three year agreement for financial advisory services with Raymond James & Associates, Inc. expires on April 1, 1997. Staff is currently developing a Request For Proposals (RFP) to select a new financial advisor. Staff is requesting a ninety (90) day extension to the existing agreement with Raymond James & Associates, Inc, as this will provide continuity on the current outstanding bond issue. The current financial advisor was contacted and is amenable to the ninety (90) day extension, under the same terms and conditions of the existing agreement. Staff is also seeking direction from the BCC regarding the selection process for a new financial advisor. The Finance Co,fly, tree will review proposals submitted by all respondents interested in serving as financial advisor to Collier County Government and will develop a short list of three firms with the highest rankings. The Board has the option of either directing the Finance Committee to make a recommended selection or the Board may hear presentations from the three finalists and rank the three firms in their order of preference. Staff is seeking direction from the BCC regarding the final step in the selection process. MANAGEMENT IMPACT~ None. FISCAL IHPACT: None. R~COMMENDATZONS: That the Board of County Ccmm~ssioners: 1) Approve a ninety (90) day extension to the existing agreement with Raymond James & Associates, Inc., and 2) Provide direction to staff regarding the selection process for a new financial advisor. Michael Smykowski, OMB Director Approved by: Michael A. McNees, Interim County Manage DATE: AGENDA ITEM No, '% 14AR I I EXECUTIVE SUMMARY REPORT ON REVENUES FOR THE FIRST QUARTER OF FISCAL YEAR 1997 ..--....--......----..--.--.. OBJECTIVE~ To present to the Board of County Commissioners a report on actual revenues as compared to budgeted revenues for intergovernmental, enterprise fund, impact fee, and beach parking fee revenue sources. C~NBIDE~ATI~NS~ Included as an attachment to this Executive Summary is a listing of actual intergovernmental revenues, major enterprise fund revenues, impact fees collections, and beach parking revenue from October 1, 1996 through December 31, 1996 which is the end of the first quarter of Fiscal Year 1997. Within the intergovernmental revenues category, there are positive variances projected in the voted gas tax and the five cent local option gas tax, based on actual FY 96 receipts exceeding projections. There is a large shortfall projected in landfill tipping fees. The FY 97 budget was based, in large part, on FY 96 projected landfill tipping fee revenue. However, actual FY 96 revenues were significantly less than projected. Overall, year to date tonnage processed at the landfill sites is 6% below the level for the same reporting period in FY 96. This is again attributable to a decrease in construction/demolition debris processed, as there is a private contractor performing this service in the Pine Ridge Industrial Park. However, there will be a corresponding reduction in the associated processing and disposal fees associated with construction/demolition. Impact fee revenues are a volatile revenue source and are difficult to project as revenues are based, in part, on the timing of building permit issuance and the type of development to occur. In addition, there have also been some impact fee credits issued. However, there are no shortfalls forecast in any of the impact fee categories. Actual year-to-date receipts reflect shortfalls of varying degrees. An updated report will be presented to the Board of County Commissioners upon receipt of second quarter actual revenues for all categories. QROWTHM~M~T IMPACT~ None FISCAL IHPACT~ There are no reco~uendations for budget adjustments at this time. OMB will continue to monitor these revenues and will include any reccamuendations for budget adjustments in the second quarter revenue report. discuss the attached information. ' X~c~ae~kowski, ~ Director · ic~el McNees, Co~ty Manager That the Board of County Co. missioners review and DAT DAT EXE~ SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER A SETTLEMENT PROPOSAL IN ROBER~ ~'. COrr;ri~.R COUNTY, CA~E NO. 96-362-CIV-FYM-17, UNITED b~rATE,.q DISTRICT COURT FOR THE MIDDLE DISTRICT OF OKIECTIVE: For the Board of County Commi~ioner~ to conaider a ~tlement proposal in Roberts v. Collier County, Case No. 96-362-CIV-~-17, United States District Court for the Middle District of Florida. CONSi~ERATIONS: Sharon Robertz, a former County employee, haa aued the County in Federal Court alleging sexual harassment and negligent ~ya'vision. Ms. Roberts' claims arose while she was employed in the County Probation Dcpamnent and at a time when that Department was still under the Board of County Commissioners and County Administrator insofar as its personnel polic/es and practices were concerned. Following a mediation in January of 1997, and additional discussion and negotiation, Ms. Roberts has made a settlement proposal of $35,000 to the County. In exchange, the County would receive a complete release of all claims from Ms. Robem. FISCAL IMPACT: If Ms. Roberts' settlement proposal is accepted, the County would be obligated to pay Ms. Roberts $35,000 out of its self-insured insurance fund. (Fund 516-121650). GROWTII MANAGEMENT IMPACT: Nolle. I~ 111997 RECO _MM~NDATION: That ~e Board of C~. unty osed settlement and authorize the ChamnanC'°nm~i~~id~e to execute all necessary ement documents if the Board decides to accept the settlement proposal and following approval of those documents by the County Attorney. Prepared by: Michael W. Pettit Date ' - Assistant Count), Attorney Approved by: David C. Weigel - - - County Attorney 7 Date cc:. SeffWalker, Dirrctor, Risk Mana~t Jeanifer J. Edwards, Director, Human Resources 2 MF.,MORAND UM DATE: ~ 10, 1997 'fO:. Boani of County RE: Mmr. h 11, 1997 County Attorney David C. Weigel has asked me to im:rvid~ you tho enalo~st ~ r~mdng tl~ abov~n~/oned add-on itch= for the BCC mee~n~ of Ma~ 11, 1997. The~ 1. ~ from S~n~tor Frod Dudley md $~ O. Y~r, E~q., Lee 2. A copy of the Code Enforcem~ Board Order in the Lely ~ cas~ County ~s office late last week. Altachments cc: Michael A. McNees, Interim County Manager David C. We/gel, County Attorney ~/C~led~ to the Board LEE COUNTY ATI'ORNEY'S OFFICE P.O. BOX 398- FT. MYERS, FL 32902-0398 Tdcphone No. 941/'33S-.2236 Jqtcsimile No. 941~33S-260~ FACSIMILE C, oliicr County Attormy FROM: }sines G. Yaegu', 'F..~q. DATE: Match 6, 1997 Facsimile No,: 941/774-0'225 SUBJI~CT: Tourist Tax COMMENTS: David: R~ · call from SenAtor Dudley per the ~ asked if I would pass on a simihr request to you for the Collier Boards' consi'dcrlfion, llc would like input fi'urn ctch county on the quc~ion· proposed. Ify~ J~ ~ quc~on~, please call mo or give Fred's office in Ttgaha.v~e · ca~i. TOTAL PAGES TRANSMITTED_ ~ XNC!.UDING TillS PAGE. IF AtJ. PAGES NOT I~D, CALL 94 !/335-2236. MEMORANDUM Fgom THE ORqCE OF CouN'n' A'n'o~nf To: Board of County Commissioners DA~: March 6, 1997 County Attorney Touri,~t Tax/Beach and Reach Access Senator Fred Dudley asked my office to bring to your attention his proposed Bill on expanding tho uses of Tourist Tax proceeds for beach park purposes (es attached to my March 4, 1997, memo, SB 402). He is presently working to clarify the Bill to specify beach and beach access. He has requested the Board to consider and provide Input on two Issues o~ the beach exnnnded uses only: A. Free usage. No charges or parking meters. A recommendation of the Tourist Council required for axpendituro. Would require a majority plus one vote to override Council recommendation. He is requesting your input on the proposed legislation Issues. This may need to be brought up es a Commission item. Please advise. JGY/]m xc: Donald Stilwell, County Manager Elaine McLaughlin, Director, Visitor & Convention Bureau CO.~TTY ID:2118 M~R 06'9? 13:18 No.O04 BILL #: SB 402 TITLE: Local Option Tourist Development Tax sPONSOR; Sen. Dudley VERSION: A~ Introduced 1, 2 3 4 s 2.4 ~8 20 A bill to be entitled An act relating 1o the lace] option ~ulist developmen~ tax; amending s. 125.0104, F.$.; authorizing use of fax revenues lo acquire property for beach paddng at beech access and to constn~ o~ ~fnprove ex;sting beach pa~king faciiltle~ or beach access areas; authoring lssuance of bonds; provkling an effective date. Be I! Enacted by the Legislature of the State of Florida: ~eCJ<m 1. Subsec~n (5) of secticm 125.0104, Florida Statules, 1998 Supplement. is amended to read: 125.0104 Tourist de,,-elopment la~ procedure for levying; authorized uses; referendum; enforcement.- (5) AUTHORIZED USES OF REVENUE..-. (a) All tax revenues received pursuant to th;s secUon by a county ~posing the Iouris! development lax shall be used by that county for the following purposes or,Jy: 1. To aGqu;re, construct, extend, enlarge, remodel, repair, knprove, ma[ntaln operate, o~ premote r.,ne or more publicly owned and operated convention centers, sport= sladlums, sports arenas, coliseums, or auditoriums, or museums that ar~ publicly owne~ and operated o~ owncd and operated by not.for-profit organizations and open to the public COOING: Words ~ are additions;Words stdcken are deletions levied. Tax revenues received P'r~uent to this sectlon may dso be used for pmmoYon of ~ ~e bound~l of the coun~ of subcoun~ s~l ll~ng dlsl~ ~ ~i~ ~e ~ is ~1.for~rof~ organ~atio~ .nd ~ ...... ~,~ ~ ~ su~clent o~ise o~ ~e Tourism ~ u m v~ oven~ ~e a~, 5e~ ~nue, or ow-~ -, 12 13 1'/ 19 :2O to tout~sls.f fund cortvenUon bureaus, 3. To .... .~ ~~ of~f~ ~ sfm~r enc~ ~ by ~ua~ ~' · pedofmed by ~ ~n~ on boha~ of ~ bea~ pa~ la~as ~ ~a~ i~~nL ma~le~an~, 4. . --~ .~... estofation ot ~an . .nhan~me~ des~p, or f ..... ~ ,~ he~. ~ho~. ~ in, nd a~ aS t~ ~ ~late ~ke o~ ~e~. In ~unties of Iou~ist de~lopment t~ m~ be ~ f~ ~a~ ~ fa~t~a. . revenues fl~ the _ _ .~.~ ~) T~ ~e~ues m~ pu~uant to ~ ~on by a m~ of ~ss than ~0,~ poputat~n ~poslng ...... ';~'-rl'~ are edd~ons;Wods ~ are deletlona LU.HIIY IU:~ll~ MHK UO ~( 2 '7 20 ~2 ).3 2O 22 23 following purposes in add,ten to those purpcsos atlowed pursuant to paragraph (a)' tO acquire, construct,'extend, entaroe, remodel, repair. Improve, maintain, operate, or promote one or more zookx~;cat pad<s, fishing p~er~ of nature centers which are publlcJy c,,med and operated o~ owr~ and oporotbd by not-for-profit erganizati°ns and open to tho publlc. All popula'~x~ f~aufes relating to th~s subsect;on shall be based on the most recent population est~nates prepared pursuant to the provL~lons of $. 186.901. These populatlon estimates shall be those In effect on July 1 of each year. . (c) The m,,,e~ues to be dedved from the tourist development tax may be pledged to secme and rquldate revenue bonds issued by the county for the purposes ssi fodtx in subparagraphs (a)l.o ~ 4...ar~ ~ of I'or Ihe purpose of mfund'~g bonds previously Issued for such purpose~, or both; however, no more than 50 pe~cent of the revenues flora the tc~ur~st development tax may be pledged to sects and liquidate ~evenue bonds or revenue refunding bonds i~sued for the purposes set forth in subparagraph (a)4. Such 'revenue bonds and revenue refunding bonds may be authorized and issued in such pri,clpal amounts, with such interest rates end maturity dates, and sub, ed to such other ten'ns, conditloM, and covenants as the governing boa~d of th.e county shall provide. The Legislature in~ends that this paragraph shall be full and complete authority accomp~shing such purposes, but such au~ority shall be supplemental and add~t'.,onal to and not ~n de~ogation of, any powers now existing or tater confened under law. (d) Any ~e d the local op~n tourist development tax revenues collected pursuan to this section for a purpose not exp:essly authored by paragraph (3)0) or paragrapl (3)(o) or paragraph (a), pmagfaph Co), or paragraph (c) of this subsection Is express! proh;bi~ed. Section 2. This act shall take effect upon becoming a law. 25 2~ CODING: Wolds ]~t.d~ed r :LO 13 15 20 23 2? 30 ItOUSE SUUlV~Y for ~acn panuno or oeaGn ,v~ fac41.ties or beach ~ccess areas. Authorizes Issuance of bonds. .,DISCLAIMER" · ............ -- .... -~ ,-^..- ,,,, oHdz Loolslature Internal tits. It has been /~IG bill T4XT WIS I11;rl~v~u ,,v,,, reformatled to meet requlrement~ of the FUN ly&tem, mu krU~AUCg n~,= .~-:~. Business Network and ~e Le. gislatufe rights, please refer to the printed version of tho appropflato ofltclal publlcaUon. Page numbering on thls document may not correspond with the original text. COOING; Words ~ are additions;Words sldeken ate de~etions COT~X3Z CC:)~HTT, ~ OF CC)L~333tCOUHT~, PetA~ione=, Ve J~8~C~I', 33K~., a FXoz'Acia cozl;)o~at:Aoa., and LELT R&RI1K~)T BIAC:H M3LSTE~ ASS~TXC~, ~K:., a Flo:~.dA Rerpoade~ts. c Oi"FIC£ i',~-- O~JNTy 97 ~,t~ '5 P;.f 3: Oi CueNc). 96-01, ~Z~XB CAUSZ, havLng come before the Collier County Cod~ Enforce~entBoard, ~d the Boa=d~v~g he~d Ceici~~ oath, =ecei~d evince, ~~menCs of co~el, ~~o~~ie f~ly a~ia~ ~ the pre. oas, does hr~~e ~hse ~~8 o~ fact, conclu~i~'of law, ~ order of the ~. For Petitioner: Ramiro Manalich, Esq. Shirley Jean McEachern, Esq. Office of the Count~ Attox-ne~ 3301 Tamiami Trail ~tsC Naples, FL 34112 For Respondents: William Hazzard, Esq. Cummings &Lockwood 3001 Tamiami Trail North Naples, FL 34103 Develcr~am=~ Co~e, as mote ~eci£i=ally set £or~Jz in Ge No~ice o~ Viola~i~? ~el~~ Petitioners ~e~e~ Respondents wi~h a ~o~ice o~ Violation ~ed ~eb~a~ ~, 1~9~, alleging ~ha~ a ~amed ~~e a~c~e, ~ i~s ve~ existence ~d as ~ i~e~men~ ~o ~a~ic, viola~ea Collier Co~7 ~d. Developmen~ Co~e ~1-102~ Bec~io~ 2.1.1~, 2.2.20.2.1, 2.2.20.2.3 paragraph 1 ~d 2, 2.2.20.3.~ para,apb 1 ~d 2, and 2.7.~.3. Petitioner offered 26 e~ibi=s, Re~nden=s offered 12 e~bi=s, ~d on J~ua~ 29, 1997, after ~ving heard =es=i~ny from witnesses presented by =he par=les, ~d a= =he concl~ion of a lengthy hearing, =he Board delibera~ed ~ =~ s~hine ~d ~de ~he findings of fac~ ~d conclusions of law con=a~ed here~. -' F~din=s of 1. The ~fidavi= of Viola=ion, Notice of Viola=ion, No=ice of Hearing were duly se~ed on the Res~n~en=s. 2. The Res~nden=s ac~owledge receipt of =he No=ice, =~ough their registered agents, also a~i==ed 2he viola2ion. 3. The registered agents did not intend =o a~= =o the viola=ions. 4. Pe2itioner presented evidence t~t ~he ~ar~use ~s . e::ected in Tract R of the P~, bu~ also presented evidence =~2 ~ar~ouse was erected outside =he P~. 2 5. The guardhouse was erected pursuant to a building perm/t issued by Collier County. I= was occupied pursuant to a cer~ificate of occupancy issued by Collier County. 6. The evidence did not establish that the Land Development Code as it existed at the time the guardhouse was erected was the same as, or substantially similar to, the 1991 Land Development Code, nor did the Petitioner prove that Respondents violated the Land Development Code provisions in effect when ~he guardhouse was erected. 7. The evidence did not establish that the Respondents violated Land Development Code 91-102, Sections 2.1.15, 2.2.20.2.1, 2.2.20.2.3 paragraphs I and 2, 2.2.20.3.8 paragraphs I and 2, or 2.7.3.3. 8. The guardhouse gates have been raised and set in an upright position during the hours of operation of the county park, -at 'least for one (1) year prior =o the No=ice of Violation. 9. The guardhouse does not impede access by the public to the county park or state park. Conclusions of Law 1. The Affidavit of Violation, No=ice of Hearing, and Notice of Violation are in proper form, and were duly served upon the Respondents. 2. The Collier County Code Enforcement Board has Jurisdiction to hear this matter. 3. The Respondents have not made a knowing, voluntary, or intentional waiver of their rights to be heard, nor have they 3 knowingly or voluntarily admitted to any violation. Any such confession of violation is of no legal force and effect. 4. The Petitioner has the burden to prove that Responc~ents have committed the violations alleged in the Notice of Violation. 5. The Petitioner has failed to carry its burden of proof to establish that the Respondents have violated ~_-_y of the provisions of the Land Development Code #91-102 as more specifically set forth in the Notice of Violation. IT IS ORDERED t~at the charges brought against the Refl)ondents be dismissed, with each party to bear its own costs and fees. KHTE3~ED on ~ February, 1997, in Collier County, FloricLa. M/ J~ RAWSON, Chairman Conformed Copies To: Frank X. Kowalski, Jr., Esq. Linda Sullivan ~amiro Manalich, Esq. William J. Hazzard, Esq. W~.~, the ~oard o£ County ¢oc~lasioners of Collier County, Florida {hereina~ber *Board*} ~hat ~neficially affect, educate and ~lic in Collier C~nty~ ~, ~he ~ desires to rec~ize ~ e~ree the C~ty · o~ Naple~ ~d ~e Naplea Pla~re c~ity theaCre p~ecC devel~ In the ~a~ of the C~ty ~, ~a Waplee Playere wac ea~ablAehed An l~S$ ~ l~al reeidenta, inco~raCed aa a noC-for-pro~i~ inc~ ~ ~Acket sales, vi~h the bal~ce ~ d~tA~l, ~el and other a~cel. ~e to ~he ~la~ity ~ ~lity o~ itl p~ra~, lC le ~en~ly ~ra~in~ at a~ten~ce capaci2~, chlld~n ~ adul2a on ~ti~ lis~l are i~s p~een~ ~heaCer facllity~ ~ ~nCion emC~lishi~ a seniors, outreach 2hmatm~ p~ram~ ~d pr~a~ ~or Ohm ~l~urally diverse pr~idm addZCio~l educaCio~l p~ra~ ~d ~~l~me for Collier Co~y mc~ol ~acult~ and mtudmntm. - 1 - I 1 m97 Pg. { NOM, THI3~I~R~, BZ :CT RESOI,VED BY ~ ~ OP ~. ~e ~a~ ~ec~zes the p~lic ~ne~ts and P~o3ect ~lng devel~d in the heer~ of the City o~ 2. ~e ~ e~roeo ~ City o~ hple./~ Pla~rs ~A~ of ~A~o, ~an~s and o~br ~*l~al Fela~ed f~ ~ civic ~l~eerAsm ~o achi~, co~c~ ~era~e ~hio n~ ~nA~M ~hea~re which shall hne~i~ ~he ~lo hsolu~i~ ad~ed ~hls ~ da~ o~ DMZ~J~T Z. BROCk, Clark Approved aa to form and legal suf£icienc~t COt't'ZLrlt COUNTY° By: .. ' );. '~.~, Timothy. v.; Hancock, · . '.: ¥' :,,'/ ...., %, David C. #eige! County Attorney -2- AGENDA j[TEN No. /O.,fi. ttAR 11 lgg? EXECUTIVE SUI~IMARV PETITION NO. PUD-97-2, BOB THINNES AND Q. GRADY MINOR OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING DEVOE FAMILY LIMITED PARTNERSHIP AND DEVOE'S, INC., REQUESTING A REZONE FROM C-3 TO PUD TO BE KNOWN AS DEVOE PONTIAC PUD FOR AN AUTOMOBILE DEALERSHIP AND ALL OF THE USES AUTHORIZED IN THE C-3 INTERMEDIATE COMMERCIAL DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT ROAD (C R. 31). APPROXIMATELY 250 FEET SOUTH OF GLADES BOULEVARD IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 2.5 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: ./'his petition ~,eeks to have certain I:,ropeny as herein described rezoned from "C-3' Commercial Intermediate District to "PUD" Planned Unit Development for commercial land uses consistent with C- 3 uses plus an Automobile Dealership which is a C-4 aulhorized land use. CONSIDERATIONS: 3'he current C-3 zoning district does not allow new or used car automobile dealerships. The existing DeVoe Pontiac dealership cannot satisfy its expansion requirements on land that is currently zoned 4, which is the zoning district which allows said use. The contiguous C-3 zoned land ifrezoned would make it possible for the DeVoe Pontiac Dealership to achieve its expansion objectives. This is tim purpo,..e of this petition. '/'he commercial zoning designation on the subject property is inconsistent with the Future Land Use Element of the Collier County Growth Management Plan, ho~vever under the Zoning Re.evaluation program the property was downzoned from C-4 to C-3 its current zoning classification because C-3 was deemed compatible with adjacent land uses (CEX-020-EN). Technically, ~n action to rezone an existing inconsistent commercial zoning district to a more intensive commercial district is inconsistent vAth the intent of' the Zoning Re. evaluation Program, and theref.ore an unauthorized action. In this particular case the proposed action would have the property re. zoned to the PUD zoning clarification in which all of' the uses authorized by the C-3 district (i.e. its current zoning clusification) are allowed with one addition, namely SIC Code $511 which allows Motor Vehicle Dealer~ (New and Used cml). ']'he question that then needs resolution is whether or not the addition of' this one C-4 type ute represents an intensification of' the uses authorized under C-3. A careful analysis or the five ($) commercial zoning districts will show that distinguishing differences between commercial zoning districts is not a measure of'intensity as measured by traffic generation or demand upon the communitie~ system of' infrastructure, but rather is how each zoning district projects itself' visually (i.e. office type buildings vs retail with no outside storage, etc.). This being the distinguishing difference adding a ute a~uthori:ed under C-4 to the uses authorized under C-3 may not result in a change in intensity. In this regard it is the opinion of stafr that a New and Used Car Dealership is not a more intensive use of.land than several of' the uses that are now authorized. For example, a large food s~,',,'- ,,,,.,~,4 ,~,,~,, I~ constructed on this property. Clearly, such use ofland..generates more traffic aid pl-a~~ demand on community infraxtructure than would a New and Used Car Dealership. In the final analysis this decision rests with the Board of County Commissioners. Ali staff with jurisdictional responsibilities were given an opportunity to identify jurisdictional needs resulting from development at this project. Their response identifying conditions needed to assure consistency with the GMP or LDC are reflected in the PUD Document. All rezorfing actions require · timings on the plu't of the Collier County Planning Commission (CC'PC) _ or :.?.3.:.s. 0.r zx-, opm coae. A ~.~.~~,.,o_x_,u~___r~o_ .ne ~ p..UD .find,·ps support an action to rezone the subject ~ to the -~.,,,,~., ,.,,.u~ u~-v=opment zorang msmct. The findings are formatted to olw h,~l~ ,.~.~,,,. r,....... alpunst a decision to rezone the property "- ~' ............ '" '" Said findings are included in this Executive Summary n,bmissioa together with the staffreport which is approved by the CCPC, The Collier County Planning Commission heard this petition on February 20, 1997 and unanimously (6 to O) reconmmgled approval of this petition as presented. No person spoke or otherwise communicated any opposition to the approval of this petition. FISCAL IMPACT: This amendment by and of itse~f will have no fi,cai impact on the County. However, ifthis amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in · future fiscal impact on County public facilities. The County collects impact f;~e$ prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with ali provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency taxi was found to be consistent with all provisions ofthe Caowth Management Plan. HISTORXC/A RCHAEOLOGICAL IMPACT: Staffs analysis indicates that ,.he petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward Petition PUD) to the Board of County Commissioners with a recommendation for Ordinance of Adoption and Exhibits thereto. 2 9~,,.EPARED }~ONAL~ F. ~IiN~,' AICP CHIEF PLANNER DATE · /~VIEWED BY: P-O~ERT J. MULHERE, AICP - CURRENT PLANNING MANAGER DATE ~INCENT A. CAUTERO, ADMINI--~TRATOR ~ATE ' COMMUNITY' DEV. AND ENV{RONMENTAL SVCS. DATE PUD-97-2 EX SUMMARY/md AGENDA ITEM 7-E MEMORANDUM · TO: FROM: DATE: RE: COLLIER COUNTY PLA~NNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION JANUARY 3 i, 1997 PETITION NO: PUD-97-2 DEVOE PONTIAC OWNER/AGENT: Agar: Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 DeVoe Family Limited Partnership 4100 Tamiami Trail, North Naples, Florida 34103 (Contract Purchaser) Sun Bank, Estate ofDavid Crallman c/o Jay A. Brett; Sheppord & Stewart, P.A. P. O. Drawer 400 Ft. Myers, Florida 33901 BEOUESTED. ACTION: This petition seeks to have certain property as herein described rezoned fi`om "C-3" Commercial Intermediate District to "PUD" Planned Unit Development for commercial land uses. GEOGRAPHIC LOCATIQ~r; The property consisting of 9.55 acres lies along the east side of Airport Pulling Road (C.IL 31) between the DeVoe Pontiac Dealership and St. Mathews House (See illustration following page). PURPO:~F./DESCRIPTION OF PRQJECT: The current C-3 zoning district does not allow new or used car automobile dealerships. The existing DeVoe Pontiac dealership cannot satisfy its expansion requirements on land that is currently zoned C- 4, which is the zoning district which allows said use. The contiguous C-3 zoned land if rezoned would make it possible for the DeVoe Pontiac Dealership to achieve its expansion objectives. This is the purpose of this petition. I AR 1 1 $97 i SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North - East - South - West- The property is vacant and currently zoned C-3 Intermediate Commercial District. To the north the land is developed (St. Mathews House) and zoned C.4. To the east the land is vacant and is zoned PUD David A. Gallman PUD. Additionally development permitting is in place for a project titled Heron Park. To the south is the property of the DeVoe Pontiac Dealership which is zoned C-4. To the west lies Airport-Pulling Road. The property l~'~g on Airport-Pulling Road, west side is zoned C-3. GROWTH MANAGEMENT PLAN CONSISTENCY; The commercial zoning designation on the subject property is inconsistent with the Future Land Use Element of the Collier County Orowth Management Plan, however under the Zoning Re-evaluation program the property was down,zoned from C-4 to C-3 its current zoning classification because was deemed compat~le with adjacent land uses (CEX-020-EN). Technically, an action to rezone an existing inconsistent commercial zoning district to a more intensive commercial district is incor, slstent with the intent of the Zoning Re-evaluation Program, and therefore an unauthorized action. In this particular case the propose~ action would have the property rezoned to the PUD zoning classification in which all of the uses authorized by the C-3 district (i.e. its current zoning classification) are allowed with one addition, namely SIC Code 5511 which allows Motor Vehicle Dealers (New and Used cars). The question that then needs resolution is whether or not the addition of this one 0-4 type use represents an intensification of the uses authorized under C-3. A careful analysis of the five ($) commercial zoning districts will show that distinguishing differences between commercial zoning districts is not a measure of intensity as measured by traffic generation or demand upon the comn~nities system of infrastructure, but rather is how each zoning district projects itself visually (i.e. office type buildings vs retail with no outside storage, etc.). This being the distinguishing difference adding a use authorized under C-4 to the uses authorized under C-3 may not result in a change in intensity. In this regard it is the opinion of staff that a New and Used Car Dealership is not a more intensive use ofland than several ofthe uses that are now authorized. For example, a large food store could now be constructed on this property. Clearly, such use ofland generates more traffic and places a higher demand on community infi'astructure than would a New and Used Car Degershlp. In the ting analysis this decision rests with the Board of County Commissioners. MAR ! 1 1997' In all other respects this petition is consistent with applicable elements of the GMP or will be made consistent by the inclusion of' d .evelopment commitments in the PUD document that apply at the time of. subsequent development permitting processes. HISTORTC/ARCHAEOLO GIC^I,, lIMP^CT: The property is located within an area of historical/archaeological probability as designated on the official Collier County Probability Map. An application for waiver from the Historic/Archaeological Survey and Assessment requirement was granted by the Historic Preservation Board. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of' critical concern. This includes a review by the Community Development environmental and engineering staff', and the Transportation Services Division staff. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve Gh~ and LDC requirements. The petition was administratively reviewed on behalf of' the EAB and staff' recommended approval subject to conditions which have been incorporated into the Ordinance of Adoption and PUD Exhibit. .ANALYSI~;i Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of'the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of' its related elements. Other evaluation considerations should include an assessment of'adequacy of' transportation infrastructure, other infrastructure, tad compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of' the re, zoning action to the long range plan for future land uses. The most important facet of the rezonin~ action is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of'development because of subsequer,: permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of'the impacts of the proposed land use change, be they positive or negative, ILAR 1 1 1997 , culminating in a staff, recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.$ and 2.7.3.2.$ of the Land Development Code thus requiring staff. evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the ca.se may be, in the opinion of staff'. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff r~pon. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezonlng action advise as follows: ]Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The property is zoned C-3. The action to rezone the property is to facilitate allowing a specific use of Ihe property which is not an allowable C-3 use. Through the technique ora PUD re. zoning action, this one incremental change can be accommodated as opposed to a rezoning action that would allow all of' the C-4 uses. A comparison of' the intensity potential of' a New and Used Car De. ale'shlp with the intensity characteristics or' currently allowed C-3 uses suggests that the Automobile Dealership is in fact less or comparable to uses now allowed. Relative to the matter of visual/appearance which appears to be a factor undedylng the reason for establishing commercial zoning districts C-1 thru C-S, it does not appear that a New and Used Automobile Dealership would project itself any differently than ny a supermarket. Both have large parking lots with high vis~ility to public streets which can be mitigated to ~me extent by landscaping ;is required by the LDC. Therefore, on both a measurement of intensity and xisual appearance an Automobile New and Used Car Dealership is the equivalent to uses authorized in the C-3 zoning district. Relative to the rnattet of :ompatibility with adjacent and nearby land one must appreciate that the land is now zoned C-3 Commercial and therefore the land use relationships will not change as a result ot'rezonin8 to PUD as intended by this petition. Trat~c Circulation and En_eineerin_,. The efffect of re. zoning the property ~'om C-3 to PUD while holding co~tant all of'the C-3 uses with the addition oran Automob~e New ~md Used De~ership will not change potential traf~c circulation impacts. Nevertheless, we can advise that generated tra.~c will not exceed the significance test standard (5 percent of.the LOS "C' design volume) on CR-31. In addition, the amendment will not lower the level of' service below any adopted LOS "D" standard within the project's radius of' development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the tra~c Circulation Element (TCE). 4 IIIAR 1.1 1997 The TCE lists this segment of CR-31 as n 6 lane arterial road fronting the project. The current traffic count for this segment is 27,553 and is operating at LOS "A". It should be noted that this segment is not projected to be deficient within the next 5 years. Therefore, this petition complies with Policy 1.3 and 1.4 ofthe TCE. The action to rezone does however presents an opportunity to require a unified plan of' development and to regulate ingress and egress to and from Airport Road which may not have been possible if the property remained in its present zoning classification. Such requirements to achieve these objectives are contained within the PUD. PUD Development Re_~ulation~ - The PUD document contains development regulations equivalent to those of'the C-3 zoning district. The PUD also references the Land Development Code t'or parking, landscaping and signage. Under a general provision (Section 2.2 D) all provisions of.the LDC remain applicable unless otherwise modified by this PUD. As consequence of' this provision Division 2.8 Architectural and Site Design Standards for commercial buildings are applicable to this PUD. Utillt,v lnf'rastructur¢ - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of' ~uture required development approvals. All development must comply with surface water management .requirements invoked at the time of' subdividing as the case will be t'or development of.this land. .~a_~munit_v Infrastructure and Servict~- The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its proximity to Airpon-Pulling Road and US-41 East. Shopping centers, emergency services and medical office of. various specialties are all wkhln a short driving distance. A large number of jobs lie within a short distance of'the site may of'which can be reached by non-motorized forms of travel. ,STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward Petition PUD-97-2, (David A. Gallman Estates PUD) to the Board of' County Commissioners with a recommendation for approval, pursuant to the Ordinance of'Adoption and Exhibits thereto. R'~NALD N:I~, AICP DATE CHIEF PLANNER REVIEWED BY: DA'I~ MAR ! 1 1997' CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLAN~2~ SERVICES D~EPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE' DATE Petition Number PUD-97-2 $taffRepon for February 20, 1997 CCPC meeting. NOTE: This Petition has been advertised for the March 11, 1997 BCC meeting. COLLIER COUNTY ~.~,~NG COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-97-2 STAFF REPORT/pd 6 MAR :l ! 1997 ~._./D REZONE FINDINGS PETITION PUD-97-2 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed chnnge will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth blanagement Plan. Evaluation not applicable. Summary Findints: The petition as modified will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. 2. The existing land use pattern; Pro/Con; Evaluation not applicable. Existing: The property is vacant and currently zoned C-3 Intermediate Commercial District. Surrounding: North- East - South - West- To the north the land is developed (St. Mathews House) and zoned C.4. To the east the land is vacant and is zoned PUD David A. Oallman PUD. Additionally development permitting is in place for a project titled Heron Park. Is the property of the DeVoe Pontiac Dealership which is zoned C- 4. To the west lies Airport-Pulling Road. The property lying on Airport-Pulling Road, west side is zoned C-3. The possible creation or an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. 5 ~ummnrv Findin;s; This petition does not change the use of'land and does not establish new district boundaries. Availability of' adequate infrastructure, and adjacent urban development, support the timing relationship and justiF/ a re. zoning action. Whether existing district boundaries are illogically drawn in reJation to existing conditions on the property proposed for change. ~ £valuation not applicable. Summar~ Findln~s~ The district boundaries are ]og~cad]y drawn, inasmuch u they come about by virtue of their consistency with the FLLI~ to the GM:P and price' approval through the ZRO pro, am. Whether chnnged or changing conditions make the passage of the proposed amendment necessar7' Evaluation not applicable. Summary Findings; The proposed zoning change as modified is appropriate based on the existing conditions of' the property and because its relationship to the FLIJ~ ('Future Land Use Element) of'the G~ is a positive one as conditioned by the ZRO program. Whether the proposed change ,,'ill adversely influence living conditions in the neighborhood; The relationship between this commerdal property and the residential PUD to the east will not change. (ii) (i) NO other contiguous land use relationship will be adversely influenced. None Summa~ Findings: There is currently a commercial Io residential relationship. This petition merely replaces the C-3 commercial district with a PI]D commercial district. The proposed change will not adversely influence living conditions in the neighborhood because commercial development will have a natural separation fi.om residential development and because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of' adverse impact on adjacent and nearby developments. 2 MAR 1 1 1997 Whether the proposed change will create or excessively Increase trnfl~c congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types oF vehicular trnffic, including activity during construction phases o1' the development, or otherwise aft'ect public safety. ~Prg~ Approval of this petition is deemed consistent with all related policies of the Traffic Circulation Element to the GMP. (ii) Effectively this petition represents no change to potential traffic relationships. Con; (i) As turning movements increase from arterial streets the opportunity for traffic accidents increase. This is however an inevitable by product of urban intensification. Summary Findines~ Evaluation of this project took into account the requirement for consistency with all Policies of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create n drainage problem; Pro: (i) A positive drainage outf'all is available, through easements through the residential PUD to a County drainage facility. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the most severe rainfall event. Summ~lrv Findings: Every project approved in Collier County involving the ut~ization of' land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of' approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. 10. 11. 12. Summary Findines: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning distr~cts (i.e. open space requirement, co~dor management provisions, etc.) were designed to ensure that light penetration and c~rculation of air does not adversely affect adjacent areas. The height of' buUdings may not extend two stories. Whether the proposed change will adversely affect property value~ in the adjacent area; Pro; (i) None Con: (i) None Summary Findints: This is a subjective determination based upon anticipated results wl~ch may be internal or external to the subject property that can affect property value~. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The standards in this PUD district is approved for the subject petition have been designed to minimize effects on adjacent property values. Whether the proposed change will be a deterrent to the improvement or development of adjacent propert)' in accordance with existing regulations; Pro/Con: Evaluation not applicable. :~u~nmarv Findines: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their round application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property, nevertheless one needs to appreciate that currently we have commercial zoning adjacent residential zoning. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/C9n; Evaluation not applicable. 4 MAR 1 1 1997 13. 14. 15. 16. ~;ummary ~Findinl~s: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact thc proposed change does not constitute a grant of special privilege. Consistency with the FLUE is ~urther determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substnntial reasons why the property cannot be used in accordance with existing zoning; ]Prg/Con: Evaluation not applicable. Summ~Irv Findings: The subject property can be developed in accordance with the existing zoning, however, to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE following the ZRA process. ~Vhether the change suggested is out of scale with the needs of the neighborhood or the County; ]Pro/Con; Evaluation not applicable. Summqry Fin~lin~s: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ~Prg/Con: Evaluation not applicable. ~;,mmarY Find. jnis: There are many sites which are zoned to accommodate the proposed development. This is not the determining f.actor when evaluating the appropriateness of a rezoning decision. The determinants of. zoning are consistency v,'ith all elements of the GMP, compatibility, adequacy of'infrastructure and to some extent the timing of'the action and all of'the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the rnnge of potential uses under the proposed zoning classification. ]Prg/Con: Evaluation not applicable. 5 MAR 1_ ! 1997 ,,,. /'5. 1'/. St, mmnrv Findines; Physical alteration is a product of' d~eloping vacant land which cannot be avoided. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plnn and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ~ Evaluation not applicable. Summary Findints: Staff reviews for adequacy of public se~ces and levels of servlce determined that required infrastructure meets with GMP e~tablisbed relationships, with the exception of' the quality of local streets. Consequently, phasing is recommended, or Tower Street need to be improved to County collector standards. NOTE: ~ as used herein means the Collier County Growth Management Plan. means the Future Land Use Element of the GMP. EEZONE FINDINGS PUD-97-2/pd 6 liAR 1 1 1997 FINDINGS FOR PUD PUD-97-2 DEVOE PONTIAC Section 2.7.3.2.5 of' the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Development of the subject site at this time represents an intensifying of land development patterns in the area which produces economies of scale relative to maximizing existing public facilities and services which are currently available to the area. (ii) The subject site has immediate access to Airport-Pulling Road (Cia, 31) a County arterial road recently widened to a six lane highway. (iii) Analysis supports suitability of dcvelopment in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water and other utilities. Con: (i) None. ~ Jurisdictional reviews by County staff' support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that ali infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commisgonera as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public ezpense. ~ro/Co n: None. MAR 1 1 1997 ® ~ Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management ?lan. ~rg; The development strategy for the subject property is entirel), consistent with the goals, objectives and policies of the G}vfP. Con: (i) None. ~ The subject petition has been found consistent with the goals, objectives and policies of' the Growth Management Plan. A more detailed description of' this conformity is addressed in the Staff'Report. The internnl and external compatibility of proposed uses, which conditions may include restrictions on location otr improvements, restrictions on design, and buffering and screening requirements. _Pro: (i) External compatibility is enhanced by LDC required buffer landscaped areas. (ii) The property can now be developed for C-3 commercial uses. The PUD enhances the manner of its development. (~9": O) None. ~indint.'. Development of the land is subject to internal LDC landscaping requirements. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. In this case n combined landscape buffer of thin), (30) feet in which an 80 percent opacity rating must be achieved is required. The adequacy of usable open space areas in existence and as proposed to serve the development. ]Pr~/Con Evaluation not applicable. ~ The amount of open space set aside by this project is greater then the provisions of the Land Development Code. 2 MAR 1 1997 The timing or sequence o1' development for the purpose of asauring the adequacy of available improvements and facilities, both public and private. ]~ro/Con; Evaluation not applicable. ~ Timing or sequence of development in light of concurrency requirements is not a significant problem. (Additional response for projects that may require phasing or special mitigation because of'degraded LOS conditions.) The ability of the subject property and of surrounding areas to accommodate expnnsion. Pro/Con: Evaluation not applicable. ~ A finding of ability to accommodate expansion or development when consistent with the FLUE to the GMP and adequacy of ant%structure generally supports a rezoning action. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to n degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not apl;licable. ~ndinm This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are the same as those standards that apply to the C-3 zoning district. FINDINGS FOR PUD-97-2/pd 3 ORDINANCE NO. 97- 2 13 14 16 :.-.?~ -. - 18 "'~:~ 20 21 22 23 ---- 24 *'*.'.:: 25 26 2'/ · ':"* 2~ ~ 29 ...:*,. ~ 31 :12 *::" 3:1 i]4 AN ORDINANCE AMENDING ORDINANCE N~,~B. ER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUD£S THE COHPREIi~SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0512S~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED RFJtL PROPrieTY FRO~ C-~ TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS DEVOE PONTIAC PUDt lOCATED ON THE EAST BIDE OF AIRPORT ROAD (C.R. 31}, APPROXXIiATEL¥ 250 FEET ~OUTR OF GLADES BOULEVARD IN SECTION 12, TO~'NSIiIP 50 SOUTH, RANGE 25 FAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.55 ACRES HORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHL~EAS, Bob Thinnes and G. Grsdy Minor of 9.-Grady Minor & Associates, P.A., representing DeVoe Fanily Llnited Pa~nershtp and DeVoe's Inc., pe~i~ioned the Boar~ of County C~tssionsrs to change ~ha zoning classitica~ion o~ the herein descried real pro~r~y~ NOW, ~EFORE BE IT O~AIN~ by th. Boar~ of Coun~y Couission~rs of Collier County, [loridl: ~e zoning classification of ~e herein ~es~l~t real property l~a~ed In Section 1~, T~ship ~0 Sou~, ~Ne 25 ~st, Collier County, Florida, Is change~ from C-I to ~ Plann~ ~l~ ~velo~ent in accordance with ~e ~Vo~ Pontiac ~ ~ent, at~a~ hereto as Mi~l~ 'i~ and inco~r~tet b? referen~ ~e~ein. ~e Oflicial ionlw A~las Map Numar 051iS, as d~scrl~ 1. Ordinance N~r 91-10~, ~e Collier County ~n~ ~velo~ent C~e, la here~ ame~e~ accordingly. ~is Ordinance shall ~come effusive u~. fllin~ wl~ ~e N~ent of State. 3 $ 7 9 10 11 17 P~$~D M~D DUI~¥ ~DOPT~D b~ ~h~ Board of County Cmmissioners of BOARD OF COU~I~ COI~ISSIONERS COI,I,T~R COU1TI~, FLORIDA AT'i'~: BY: D~I~IT E. BROCk, CLERX TrNOI'HY I.. HA~COC'~, CHAIP, Y~I APPROVED AS TO FORH ~ND L~L SUFFICIENCY 18 20 HAR3ORIE H. STUDENT ASSISTANT COU~TT¥ ~TTORI~EY 22 23 24 25 PUD-97-2 ORDTNANCE/19173 27 28 29 30 31 ._.. 32 '~' 34 DEVOE PONTIAC PUD A PLANNED UNIT DEVELOPMENT Regulations and. Supporting Master Plan Governing the DeVoe Pontiac PUD A Plannxl Unit Development Pursuant to Provisions ot The Collier County Unified Land Development Code Prepared For: DEVOE FAMILY LIMITED PARTNERSHIP 4100 Tamhmi Trail North Naples, FL 34103 Prepared By: Bob Thinnes, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEER5 · LAND SURVEYORS 0 PLANI~RS 3800 VIA DEL RET BONITA SPRINGS, FL 34134 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL F:DEVO$'~DEVO~.PUD EXHIBIT A MAR 11 1997 TABLE OF CONTENTS Statement of Compliance SECTION I Property Ownership & Des:ription SECTION 2 Project Development Requirement~ SECTION ~ Commercial Plan SECTION 4 Development Commitments EXHIBIT A Master Plan i 1-1 2-1 3-1 4-1 STATEMENT OF COMPLIANCE The development of approximately 4.55 acres of property in Collier County, as a Commercial Planned Unit Development to be known as DeVoe Pontiac PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth tn the Growth ~gement Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: e The subject property is located in the Urban-Mixed Use District in the Growth Management Plan for Collier County ~nd is deemed consistent with the Future Land Use Element of the Growth Management Plan as a consequer~ of evaluation through the Zoning Re-evaluation Process. (CEX..020 - EN) The Urban Mixed Use District is intended to accommodate Planned Unit Developments where existing and planned public facilities are concentrated. ~ subject tract is located near the southeast corner of the C.R. 31 and Glades Boulevard intersection. This strategic location allows the site desirable access for commercial development as the site is currently zoned C-3. The project shall be in complian~ with all applicable County re~lations including the Growth Management Plan. The project will be served by a complete range of services and utilities as approved by the County. The project is compatible with adjacent land uses through thc internal arrangement of structures, the placement of land use buffers and pwposed development standards contained herein. The Planned Unit Development includes open Sl~Ce to enhance the project amenities. (0 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownerahip of the property, and to describe the existing conditions of the property propastxt to be developed under the project name of DeVoe Pontiac PUD. 1.2 LEGAL DESCRIPTION PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP $0 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00-18'$0' W, ALONG THE WEST LINE OF SAID SECTION ]2, FOR A DISTANCE OF 2836.80 FEET; THENCE RUN N 89-41'I0' E FOR A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N 00-18'$0" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE (I00' R.O.W.)OF AIRPORT PULING ROAD (C.R. 31), FOR A DISTANCE OF 990.00 ~; THENCE RUN N 89-41'10" E FOR A DISTANCE OF 200.00 FEET;_~~ RUN S 00-18'$0" E FOR A DISTANCE OF 990.00 FEET; THENCE RUN S 89 41'I0' W FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.$$ ACRES, MORE OR LESS. (1-1) 1.3 PROPERTY OWNERSHIP 1.4 1.5 1.6 The subject property is currently under the ownership of the David A. Gallman Estate with SunBank Southwest Florida as personal representative of the Estate, cio Jay A. Brett, Sheppard, Brett & Stewart, P.A. DeVoe Family Limited Partnership has a Contract for Sale and Purchase on a portion of the property which is contingent upon obtaining commercial zoning for an automobile dealership. GENERAL DESCRIPTION OF PROPERTY AREA The project -*itc is located in the west I/2 of Section 12, Township $0 South, Range 25 East, approximately 250 feet south of Gla&.'s Boulevard on the east side of C.R. 31. The zoning classification of the subject property prior to the date of this approved PUD Document was C-3. PHYSICAL DESCRIPTION Elevations within the project site range from 6.4 to 8.0 feet NGVD. All of the site is in Flood Zone AE (elev. 7.09 according to Firm Map 120067 0394 D, effective date of June 3, 1986. The soil type on the site is Immokalee fine sand. Soil characteristics wcr~ derived from the Collier County Interim Soil Survey & Narrative Report (Rcvis~ 1/90 - H. Yamataki). PROJECT DESCRIPTION The project will be a commercial development. 1.7 SHORT TITLE This Ordinance shall be known and cited as the DeVoe Pontiac PUD Planned Unit Development Ordinance." MAR ! 1 1997 SECTION 2 PROJECT DEVELOPMF. NT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Ao Bo Co Eo Regulations for development of DeVoe Pontiac PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed for the development of DeVoe Pontiac PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the Collier County Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will he subject to a concurrency review under the provisions of Division 3.15 of the Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Conceptual Master Plan is illustrated graphically by F. xhibit "A", PUD Master Plan. 1997 2.4 RELATED PROJECT PLAN APPROVAL REO. UIREMENI$ Ao Final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. Exhibit 'A', DEVOE PONTIAC PUD MASTER PLAN', constitutes the required PUD Developmem Plan. Co If necessary, appropriate instruments will be provided infrastructure improvements regarding any dedi~tlom providing perpet~l maintenance of common facilities. at the time of and method for AMENDMENTS TO PUD DOCUMENT OR PUD MASI'ER PLAN Amendments may be made to the PUD as provided in tie Collier County Land Development Code Section 2.7.3.5. (2-2) MAR 1 1 1997 · 3.1 SECTION COMMERCIAL PLAN PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the 4.55 acr~ DeVoe Pontiac PUD. The entire site will be developed as a commercial project. 3.2 USES PERMITTED No building or structure or part thereof, shall be erected, alterexi or used or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Un/ess otherwise provided for in thi~ section, all permitted uses of the C- 2 district. 2. Apparel and accessory stores (groups 5611-5699). 3. Auto and home supply stores (group 5531). 4. Motor Vehicle Dealers (New and Used, group 5511). Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioning scrvices, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating places (5812 only). All establishments engaged in retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. 7. Food stores (groups 5411-5499). 8. General merchandise stores (groups 5311-5399). Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. (l-l) 10. Home furniture, furnishing and equipment stores (groups 5712-5736). 1 I. Libraries (8321). 12. Marinas (4493), subject to section 2.6.22. 13. Membership organizations (8611-8699) 14. Miscellaneous repair services (groups 7629-7631). 15. Miscel~s retail (groups 5912-5963 exert pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 16. Museums and art galleries (8412) 17. Nondepository credit institutions (groups 6111-6163). 18. Paint, glass and wallpaper stores (5231). 19. Perr, onal services (groups 7211, 7212, 7215, 7216 nonindust~l dry cleaning only, 7221-7251, 7291). 20. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9~1 21. Retail nurseries, lawn and garden supply stores (5261). 22. Veterinary services (groups 0742, 0752 excluding outside kenneling). 23. Videotape rental (7841). 24. United States Postal Service (4311 except major distribution centers). 25. Any other general commercial use which is comparable in name with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. (3-2) t~AR 1 1 1997 3.3 DIMENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses: A. Minimum Lot Area: Ten Thousand (10,000) Square Feet. B. Minimum Lot Width: One Hundred Fifty (150') Feet Minimum Yard Requirements: 1. Front Yard: 2. Side Yard: 3. Rear Yard: 4. Waterfrom: 5. Building Separation for Principal Structures Twenty-fiv~ feet (25') Fifteen feet (15') Fifteen feet (15') Twenty-fiv~ feet (25') Fiftom fozt (15') or distance equal to one half (1/2) the sum of their heights, whichever is the greater. Maximum Height: Fifty feet (50') Minimum Floor Area of Principal Structure: &-yen Hundred (700) Square Feet Minimum Off-Street Parking and Off-Stre~ Loading: Aa reqiured in Division 2.3, Collier County Land Development Code Landscaping: As required in Division 2.4, Collier County ~ D~-wel~ Code Signs: As required in Division 2.:5, Collier County Land Development Code O-3) I ,AR 1 1 1997 4.1 4.2 4.3 4.4 SECTION 4 DEVELOPMENT COMM~ PURPOSE The purpose of this Section is to set forth the developmcm commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otheswtse, the standards and specifications of the official Count), Land Development Code shall apply to this project evcn though the land within the PUD is not to be platted. The developer, his successor and assigns, ,:hall be respomible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other eonditiom or modifw, ations as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the develo~r shall be responsible for any commi~ within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or spechl land use boundaries shall not be construed to be f'mnl and may be varied at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications or other ~ shall be granted to insure the continued operation and maimemm:e of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENF/MONIIORIN{~ REPORT AND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (4-1) IlAR 1 1 1997 4.5 TRANSPORTATION The development of this PUD Mater Plan shall be subject to and governed by the following conditions: No,",hbound fight mm lanes shall be required as shown on the site plan when permits are approved authorizing a projec~ entrance. Portions of ~e turn lanes are to be striped to inhibit continuous traff'a: movements along the property frontage. Compenaating fight-of-way for turn ~ and median areas shall be dedicated by the applicant to teimburte the County for use of existh~ righ~-of- way. The applicant shall be responsible for the in~l~ of armrial level lighting az all project e~ at the time a project enuance is constructed. Thc County r~erves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92-422, Collier Coumy Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. There shall be no additional driveways or access points permitted onto Airport Road along the entire frontage of this site exctT~ as shown on the master site plan submited with this applicaiton. 4.6 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following condition: Water Management design and construction shall conform to Division 3.3.5.5.5.4. of the Collier County Land Developngnt Code. (4-2) I/AR 1 1 lc 7 . 4.7 4.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: The sewage collection and transmission system to ~'ve this project is to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier County Ordinance 88-76, as ~mended, ~d all other ,,pplicable State, Federal and County rules, regulations and policies. Sanitary sewer facilities constructed within platted public rights-of-way shall be conveyed to the Collier County Water/Sewer District for ownership, operation and maintenance. Sanitary sewer facilities comu~ed in private easements and/or private platted rights-of-way shall be owned, c~p,.'rated and maintained by the developer, his assigns or successors. Upon completion of construction of the sanitary s~wer facilities within the project, the facilities shall be tested to insure they m~t Collier Com~ minimum requirements at which time they will be conveyed tn Collier County and/or remain under private ownership, prior to being placed into service. The developer, his assigns or successors ''gr~ to pay all system developmem char~es at the time building permits ,,re r~luired, pursmnt to appropriate County Ordinances and Regulations in effec~. ''t the time o:f permit request. This requirement sl~ll be made known to all pmsp~ive buyers of properties for which building permits will be required prior to the start of building construction. Water service will be provided to the site by '' 16' water main on Airport Road that is operated by the City of Naples. ENGINEERING The development of this PUD Master Plan shall be subject '~o and governed by the following conditions: Work within the Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. Design and construciton of all improvements shall be ~ubject to compliance with the appropriate provisions of the Collier County I~gl Development Code, Division 3.2. (4-3) Iml-- i~ll I II II I' 4.9 ENVIRONMENTAL The development of ~_is PUD Master Plan shall be ~ubjec~ to and governed by the following conditions: This Planned Unit Development (PUD) shall be subject to all envimmmmal sections of the Collier County Land Development Code and the Growth Management Phn Conservation and Coastal Managet.~-nt Element in effect at the time of final development order approvals. This PUD shall be required to retain 10% of the existing retire vegetation on site, by area, in all three strata, as requir~ by the CCLDC Section 3.9.5.5.4. 4.10 SIGNS All signs shall be in accordance with Division 2.$ of ~e Collier County Developmer~ Code. EXECUTIVE SUMMARY RECOMMENDATION TO ADOFr AN ORDINANCE TO REPEAL AND SUPERSEDE COLLIER COUNTY ORDINANCE NO. 88-90, A~.; AblENDED, AND HEREBY ESTABLISH THE COUNTY'S NEW POLICY CONCERNING TELECOMMUNICATION PROVIDERS AND SERVICES; AI,/;O TO PROVIDE FOR THE REGULATION OF TELECOMMUNICATION COMPANIES USE OF THE PUBLIC RIGHTS-OF-WAYS WI'IlliN THE UNINCORI~)RATED AREAS OF COLLIER COUNTY; ALSO PROVIDING GENERAL PROVISIONS; REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS; TELECOMMUNICATION LICENSE; TELECOMMUNICATION FRANCHISE(re~erved); CABLE FRANCHISE; FEES COMPENSATION; CONDITIONS OF GRANT; CONSTRUCTION STANDARDS; ~PERIODIC EVALUATION, REVIEW AND MODIFICATION; REPEAL O,~ ORDINANCE NO. 88-90, AS AMENDED; CONFLICT AND SEVERABILITY; INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVlDII~'G AN EFFECTIVE DATE. ~C,.~: That the Board of County Commissioners adopt a Telecommunications Ordinance that provides for the regulation of Telecommunication Companies that utilize the public fights-of-way in unincorporated Collier County, and stipulates the registratic.n of all Telecommunication Companies doing business in the Coun,"y. CONSIDERATIONS: The Ordinance was developed after much study and examination of ordinances being adopted throughout the country. It was put together with input from staffand our consul~mt, based out of North Carolina, an expert who has worked with local franchising authorities all over the United States, and particularly in Florida. It has had several revisions and has been carefully reviewed by appropriate stzffin County Government. Because of the technological explosion in the telecommunications industry, and because of the Federal legislation which deregulated the industry, as well as encouraged increased competition in the delivery of all kinds of communication services, it is necessary for the County to adopt an ordinance which deals with all telecommunication companies doing business in the County. Furthermore, since at least three cable c, have notified the County they wish to either renew an existing franchise, or enter into a new franchise with the County, it is imperative that the County update its policies conceming cable companies and their use of the Public Rights-of-Way. The registration of all telecommunication companies doing business in unincorporated Collier County will also allow the County to keep a catalog of such companies and encourage, in a competitively neutral fashion, an array of telecommunication services for its citizens that will insure quality, protect consumer rights and also promote public safety. Where applicable, the issuance of franchises or licenses, will allow the County to manage the Public Rights-of-Way, and will assure that the County receive fair compensation for their use. FISCAL IMPACT_: Total impact is not known; however the Ordinance provides for a registration fee of $25.00, which would apply to all telecommunication companies. In addition, other fees are associated with those companies who, in the course of business, use the Public Rights-of- Way and who are required to obtain a license or a franchise with the County. Such fees will help defray maintenance costs associated with the upkeep of the Public Rights-of-Way. The cable companies, for example, pay an amount close to $1.5 Million annually in franchise fees in exchange for their use of the Public Rights-of-Way. GROWTH MANAGEMENT IMACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Telecommunications Ordinance. Jean Merritt Franchise Administration Manager DATE:_ !- g / -- ~. 7 REVIEWED BY: Michael A. McNees Interim County Manager DATE: ! 2 3 $ 6 7 9 11 12 15 18 17 $1 Ordinance No. 97 - TELECOMMUNICATIONS STANDARDS ORDINANCE SECTION I: GENERAL PROVISIONS Section Section Section Section Section Section Section Section Section 1.1: Purpo~ 1 1.2: Definitions 2 1.3: Rcgi~'tration 1.4: Tclecommunicatons License 1.S: Telecommunications Fraachi~ $ 1.6: Cable Television Franchis~ 1.7: Application to Existing Franchises & Agreements 1.8: Penalties 1.9: Other Remedies 6 1.10: S~'erability 6 SECTION 2: REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS Section 2.1: Sec~on 2.2: Section 2.3: Registration Requir~ Registration Fee Propose of Registration 6 SECTION 3: TELECOMMUNICATIONS LICENSE Section 3.1: Section 3.2: Section 3.3: 6 7 7 33 Section 3.4: 34 Section 3.5: 35 Section 3.6: 36 Section 3.7: Telecommunications License 7 License Application 7 Determination by the County 9 Agreement I0 Nonexclusive Grant 1 Term of C-rant Pg' ,, ! 2 3 4 $ 6 7 $ 9 lO l! 12 13 14 16 17 19 20 21 22 23 24 27 28 29 31 32 33 34 36 Section 3.8: Section 3.9: Section 3.10:. Section 3.11: Section 3.12: Section 3.13: Section 3.14: Section 3.15: Section 3.16: License Route Location of Facilities C. onstn~on Permits Service to Coumy Usen Amendment of Gram Obligation to Cm~ as a Co,-xlition of Renewal SEC'TXON 4: TELECOMMUNICATIONS FRAN~SE This Section is P.~cscrved. SECTION 5: CABLE TELEVISION FRANCHISE Section 5.1: Section 5.2: Section 5.3: Section 5.4: Section 5.5: Section 5.6: Section 5.7: Section 5.8: Section 5.9: Section 5.10: Section 5. I 1: Section 5.12: Section 5.13: Section 5.14: Section 5.15: Cable Television Franchise Franchise Application Det;,mination by thc Courtly Agr~-m~t Nonexclusive Grant Term of Grant No Rights Granted Franchise Territory Location of Facilities Construction P¢,,~its Compensation to County Cable Television Franchise Fees Nondiscrimination Service to the County Interconnection ii I0 10 I! 11 I1 11 12 12 12 12 13 13 13 15 16 16 16 16 16 16 18 18 18 19 19 19 1 2 4 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 Section 5.16: Section 5.17: Section 5.1g: Section 5.19: Section 5.20: Section 5.21: Resoure~ for Public Purposes, I-N~ & PEG Acce~ Emergency Alert Or,ride Amendment of Grant Renewal Applications Renewal Determinations Obligation to Cure a~ a Condition of Renewal SECTION 6: FEES AND COMPENSATION Section 6.1: Section 6.2: Section 6.3: Section 6.4: Section 6.5: Section 6.6: Section 6.7: Section 6.8: Section 6.9: Section 6.10: Section 6.11: Sect/on 6.12: Section 6.13: Section 6.14: Application and Review Fee Other County Corn ~ed Comlx:naation for Public Ways Compema6on for County Pmpeay Corts~ction Permit Fee Annual ROW U~e Fern Telecommunication Fee~ Cable Feea Regulatory Fe~ and Compensation Not a Tax Report and Auditing Book~ and Record~ Late Payment Penalty Rate Notification SECTION 7: CONDITIONS OF GRANT Section 7.1: Section 7.2: Section 7.3: Section 7.4: Section 7.5: Section 7.6: Location of Facilities Compliance with One-Call Utility Location Construction Perm/ts IntcTfer~ce with the Public Ways Damage to Prol:~-ty Notice of Work oo. 20 21 22 22 22 23 23 23 23 23 23 23 24 24 24 24 24 24 25 25 25 25 25 26 26 26 :7 ! 2 3 4 $ 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 29 31 32 33 36 Section 7.7: Section 7.8: Section 7.9: Section 7.10: Section 7.11: Section 7.12: Section 7.13: Section 7.14: Section 7.1 $: Section 7.16: Section 7.17: Section 7.18: Smc~tion 7.19: Section 7.20: Section 7.21: Section 7.22: Section 7.23: Section 7.24: Section 7.25: Section 7.26: Section 7.27: Section 7.28: Repair mxl Emergency Work Maintenance o f Facilities Relocation or Removal of Facilities Removal of Unauthorizefl Facilities Emergency Removal or Relocation of Facilities Damage to Grantee's Facilities Restoration of Public Ways, Other Way~ and County property Facilities Maps Duty to Provide Information Grantee Insurance General Indemnification Performance and Construction Sumy Security Fund Remedies-Liquidated Damages Coordination of Construction Activities Assignments or Tran~fer~ of Grant Transactions Affecting Control of Grant Revocation or Termination o£Grant Notice and Duty to Cure Hearing Standards for Revocation or Lesser Sanctions SECTION 8: CONSTRUCTION STANDARDS Section 8.1: Section 8.2: Section 8.3: Section 8.4: Section 8.5: Section 8.6: Section 8.7: Section 8.8: Section 8.9: General Construction Codes Construction Permits Applications Engineer's Certification Traffic Control Plan Insurance of Permit Construction Schedule Compliance with Permit iv 27 27 27 28 28 28 29 29 29 29 30 30 31 32 33 34 35 35 35 36 36 37 37 37 37 37 38 38 38 38 ]'-""",~.~,~,-~ A I;fL,M . 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 8.1 O: S~cfion 8.11: Section 8.12: Section 8.13: Section 8.14: Section g.15: Section 8.16: Section 8.17: Section 8.18: Section 8.19: Display of Permit Survey of Underground Facilities Non-complying Work Completion of Construction As-Built Drawings Restoration of Improvements Landscap~ Restorstion Constzuction Surly Exceptions Responsibility of Owne~ SECTION 9: PERIODIC EVALUATION, REVIEW AND MODIFICATION. Section 9.1: Section 9.2: Section 9.3: Section 9.4: Section 9.5: Section 9.6: Modification Public Hearings Proposed Changes The Negotiation Mediation Contract Amendment 38 39 39 39 39 39 39 39 39 4O 4O 4O 40 4O 40 4O 40 v 6 ? $ 9 !0 !1 12 13 14 16 17 15 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 ORDINANCE NO. 97- , TELECOMMUNICATIONS STANDARDS ORDINANCE AN ORDINANCE OF TIlE COUNTY OF COLLIEI~ FLORIDA, PROVIDING FOR THE REGISTRATION OF TELECOMMUN- ICATIONS CARRIERS AND PROVIDERS; FOR TELECOMMUN- ICATIONS LICENSES; FOR TELECOMMUNICATIONS FRANCHISES; FOR CABLE TELEVISION FRANCHISES; FOR FEES AND COMPENSATION; FOR CONDITIONS OF GRANTS BY THE COUNTY; FOR CONSTRUCTION STANDARDS IN PUBLIC RIGHTS OF WAY; FOR PERIODIC EVALUATION, REVIEW AND MODIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; REPEAL OF ORDINANCE NO. 88-90, AS AMENDED; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissione~ of Collier County, Florida, enacted County Ordinance No. 88-90, the Collier County Cable Television Franchise Ordinance on November 15, 1988; and WHEREAS, the Board enacted Ordinance No. 94-12 on March 17, 1994, which amended Ordinance No. 88-90; and WHEREAS, the Board enacted County Ordinance No. 96-15 on March 26, 1996, which further amended Ordinance No. 88-90; and WHEREAS, the Bored desires to enact this ordinance to repeal and supersede Ordinance No. 88-90, and expand the provisions to include all telecommunications. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: THAT THE FOLLOWING ORDINANCE IS ENACTED: SECTION 1: GENERAL PROVISIONS This Ordinance repeals and supercedes Ordinance No. 88-90, as amended. This Ordinance is entitled and should be cited as the "Collier County Telecommunications Standards Ordinance." - Section 1.1: Purposes: The purposes and intent herein is to: , :, , , ~,,- I 2 4 $ 6 7 8 9 10 I1 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 1.1.I: Establish the County's policy concerning telecommunication providers and 1.1.2: Establish guidelines, standards and time frames for the exercise of the County's authority with respect to the regulation of telecommunication providers and 1.1.3: Promote competition in telecommunications in the CountT, IA.g: Minimize ur. necessary County regulation of telecommunications providers and services; 1.1.5: Encourage the provision of advanced and competitive telecommtmications ser'v'ice~ on the widest possible basis to the businesses, institutions and residents of the County; 1.1.6: Peri-nit and manage reasonable access to the public ways of the County for telecommunications purposes on a competitively neutral basis; 1.1.7: Conserve the limited physical capacity of the public ways held in public trust by the Count'~ 1.1.8: Assure that the County's current and ongoing costs of granting and regulating priwte access to and use of the public ways ar~ fully paid for by the persons and entities seeking and using such access and causing such costs; 1.1.9: 1.1.10: 1.1.11: Secure fair and reasonable compensation to the County and the residents of the County for permitting private use of the public ways in he County;, Assure that all telecommunications carriers providing facilities or services within the County comply with the County's ordinmces, roles and regulations; Assure that the County can continue to fairly and responsq'bly protect the public health, safety and welfare with respect to telecommunications; 1.1.12: Enable the County to discharge its public trust consistent with rapidly evolving Federal and Florida regulatory policies, industry competition, and technological development. Section 1.2: Definitions: For the purpose h,:rein, and the interp~tation and enforcement thereof, the following words and phrases shall have the following meanings unless thc context of thc sentence in which the word is used indicates otherwise: "Cable Act" means the Cable Communications Policy Act of 1984 seq., as now and ho-e. aflo- amended. 2 ! 2 3 6 7 9 I0 11 12 13 14 16 17 18 20 21 22 23 24 25 26 27 28 30 31 32 33 35 36 37 38 42 43 "Cable Operato~ means a tclccommtmications carrier providing or offering to provide "cable service' within the County as that term is defined in tho Cable Act. "Cable Service" has the same meaning as in the Cable Act, "County Authorities" means the Boazd of Collier Count), Commissions and/or their designee(s). "County" means the County of Collier, Florida. "County Property" means and includes all real property owned by the County, other than public streets and utility easements as those terms arc defined herein, and all property held in a proprietary capacity by the County, which are not subject to right-of-way licensing and franchising as provided in this Ordinance. "Excess Capacity" means the volume or capacity in any duct, conduit, manhole, han~ole or other utility facility within any public way that is or will be available for use for additional telecommunications facilities. "FCC" or "Federal Communications Commission" means the Federal administrative agency, or its lawful successor in function, authori:~d to regulate and oversee telecommtmications carriers, services and/or providers. "Florida Public Service Commission" means the Florida administrative agency, or its lawful successor in function, authorized to regulate and oversee telecommunications carriers, services and/or providers in Florida. "Grantee" is all inclusive and includes each respective person or entity in privity with the County under this Ordinance regarding any telecommunications matter and the respective franchisee, grantee, and/or other permittee acquires any privilege, right, franchise, permit, and/or license pursuant to this Ordinance. "Herdn' means within this Ordinance. "Other Ways" means the highways, streets, alleys, utility easements and/or other rights- of-way within thc County, but under the judsd/ct/on and control of a governmental entity other than the County, including all dependent agencies ofthe County. "Overhead Facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground suppom and foundations for such above-ground facilities. 3 EAR I I pg. /0 i 2 3 4 $ 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 25 26 27 28 29 30 31 32 33 34 36 37 38 39 4O 41 42 43 44 "Person" includes corporations, companies, associations, joint stock compa,~es or · ssociations, firms, parmerships, limited liability companies, end individuals; end includes their lessors, trustees, rcccivcrs and other authorized rcpresentatives. "Public Street" means any highway, street, alley or other public right of way designed or used for motor vehicle travel and under the jurisdiction and/or control of the County which rights and/or interests have been acquired, established, dedicated or devoted to such purposes end not 'Public Way or. Eight of Way CROW)" includes all public streets and utility easements ns those words arc de~med herein, now or hereafter owned by the County, but only to the extent of the County's right, title, interest and/or authority to grant a license or franchise to occupy end use the ROW for telecommunications facilities. "State" means Florida. "Surplus Pole Space" means that portion of the usable space on a utility pole which has the nec~sery clem'ence from other pole users, ns required by the orders and regulations of the FCC, to allow its use by a telecommttrdcntions carrier for a pole attachment, "Telecommunications Carrier" means and includes every person that direcOy or indirectly owns, controls, operates or manages plant, equipment or prupe~ within the County, used or to be u~d for the purpose of offering telecommunications service. "Telecommunications Facilities" means plant, equipment and pwpertT, including end not limited to, cables, wires, conduits, ducts, pedestals, entemme, electronics and other appurtenances used or planned to be used to transmit, receive, distribute, provide and/or offer telecommunications servicers). "Telecommunications Provider" means end include~ every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities. "Telecommunications Service" meens the providing or offering for rent, sale or lease, or in cxclumgc for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by ~ cable, fiber optics, laser, microwave, radio, satellite or substantially similar facilities, with or without benefit of any closed transmi~ion medium. "Telecommunications System" See "Telecommunications Facilities." "Undergxound Facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundatiom or supports for Overhead Facilities. 4 1 2 3 4 6 7 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 38 39 4O 41 42 43 45 "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Florida Public Service Commission. "Utility Easement" means any easement owned by the County and acquired, established, dedicated, devoted or used for public utility purposes not inconsistent with telecommunications facilities. "Utility Facilities" means plant, equipment and pmpeay, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the County and used or to be used for the purpose of providing utility or telecommunications services. Section 1.3: Registration: Except as may otherwise expressly provided herein, all telecommunications carriers and/or providers engaged in the business of transmitting, supplying or furnishing of telecommunications service originating or terminating in the County shall register with the County in accordance with Section 2 herein. Section 1.4: Telecommunications License: Except as othen,vise provided herein, each telecommunications carrier that desires to construct, install, operate, maintain, or otherwise locate or relocate any teleco,'ru'nunications facilities in, under, over or across any public way of the County for the purpose of providing telecommunications service to persons and areas not within the unincorporated County shall first obtain a license gnuating the use of such public ways from the County pursuant to Section 3 herein. Section 1.5: Telecommunications Franchise: This Definition is Reserved Section 1.6: Cable Television Franchise: Except as otherwise provided herein, each telecommunications carrier that desirv, s to construct, insufll, operate, maintain or locate telecommunications facilities in any public way of the County for the purpose of providing cable service to persons in the County shall first obtain a cable franchis~ fi'om the County as provided in Section 5 herein. Section 1.7: Application to Existing Franchises and Agrt~ments: This Ordinance shall have no effect on any existing fi'anchise or agreement until: 1.7. I: the expiration of said franchise or agreement; 1.7.2: an amendment to an unexpired franchise or franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the respective agreement's present expiration date. Section 1.8: Penalties: Any person neglecting or refusing to comply with any applicable provision her~a sk one hundred dollazs ($ I00.00) nor more than five hundred dollars ($$00. found guilty of violating, disobeying, omitting, FIRIg J J 1~,2t pg. I $ 6 7 8 Io II 12 13 14 15 16 1'7 18 19 20 21 22 25 26 27 28 29 3O 31 32 33 separate and distinct offense may be deemed committed each day on which the violation occurs or continues. Section 1.9: Other Remedies: Nothing in this ordinance limits any judicial or other remedies the County may then have at law or in equity. The County has such other remedies as are contained in Section 1-6 of the Collier County Code of Laws and Ordinances, or as otherwise provided by Florida law. SECTION 2: KEGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS Section2.1: Registration Required: Not later than nincty (90) days following thc effective date of this Ordinance (unless the time period for the specific application is extended by the County's Franchise Administrator for good cause) all telecommunications canters and providtl's that offer or provide any telecommunications service for a fee directly to the public, within the Coua.ty, or whose facilities traverse the County, shall register with the County pursuant to this Section 2. Reginiration shall be on forms to be provided by the County Franchise Administrator. which forms shall provide for the following required information: 2.1.1: The identity and legal status of the registrant, including any affiliates. 2.1.2: The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. 2.1.3: A description of registrant's existing or proposed telecommunications facilities within thc County. 2.1.4: A description of thc telecommunications service that the registrant intends to offer to provide, or is currently offering or providing within the County. 2.1.5: Information sufficient to determine whether the registrant is subject to public way licensing or franchising under this Chapter. 3~ 2.1.6: Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services pmvide~l...or to be..p~ovided by the 36 regisu=~t constitutes an occupation or pnvflege subject, to any 37 telecommunications tax, utility message tax or other occupation tax imposed by 38 the County. 39 2.1.7: trfformation sufficient to detem,fin,' e that the applicant has applied for and received any certificate of authority required by the Florida Public Service Commission to 42 provide telecommunications services or facilities within thc C.o,.,unty. 43 2.1.8: Information sufficient to determine that the applicant has ~and r~eived 44 any construction permit, o.ting license or other appto~ ' I 2 3 4 $ 6 7 8 9 10 Il 12 13 14 I$ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 33 35 36 37 28 39 41 42 43 Federal Communicatiora Commission to provide telecommunications m'vice~ or facilitie~ within the County. 2.1.9: Such other information as the County Franchise Administrator may reasonably require. Section 2.2: Registration Fee: Each application for regim'ation as a telecommunications carrier or provider shall be accompanied by · twenty, five dollar ($25.00) fee. Section 2.3: Purpose of Regi~ration: Thc purpo~ ofregim'~fion under Section 2 is to: 2.3.1: Provide the County with accurate and current information concerning the telecommunications carrier~ and provider~ who offer or provide t¢lecommunicaticra ~n,,ice~ within the County, or that own or operate telecommunication facilitie~ within the County; 2.3.2: A,~i~t the County in ~forcement of this Ordinance; 2.3.3: 2.3.4: Ar~i~ the County in the collection and enforcement of any taxe~, frmchi~e fee~, liceo~ fee~ or other clm'-g~ that may be due the County;, Artist the County in monitoring compliance with Federal, Stet~ and local law~, and/or regulations. SECTION 3: TELECOMMUNICATIONS LICENSE Section 3.1: Telecommunications License: A telecomm~catiom license shall be required of any telecommunications carrier who de~ir~ to occupy ~oecific public way~ of the County for the purpose of providing t¢lecommunication~ ~rvice~ to persons or are~ within the incorporated area~ of' the County. Section 3.2: License Application: Any per~n that de~ire~ a telecommunications license pursuant to this Section 3 shall file an application with the County which shall include the following information: 3.2.1: 3.2.2: Thc identity of the license applicant, including all affiliat~ of thc applicant A de~zription of the telecommunications ~'vice that am offered or that will be offered by licensee over its telecommunications facilities. 3.2.3: A description of the transmission media that will be used by the licensee to offer or provide ~ch telecommunication service~. 1 2 $ 6 7 $ 9 tO 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 34 37 38 39 40 41 42 43 3.2.4: 3.2.5: 3.2.6: 3.2.7: 3.2.8: 3.2.9: Preliminary engineering plans, specifications and a network map of the facilities to be located within the County, all in suffic;ent detail to identify: ao the location and route requested for applicant's proposed telecommunications facilities. the location of ali overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities in the public way along the proposed route. the location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers. the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating i~ telecommunication~ facilities on existing utility poles along the proposed route. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: the excess capacity cun'ently available in such ducts or conduits before installation of applicant's telecommunications facilities; the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunication~ facilities. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public way~: a. the location proposed for the new ducts or conduits; b. the excess capacity that will exist in such ducts or conduits aRer installation of applicant's telecommunications facilities. A preliminary construction schedule and completion date. Acknowledgment that the applicant's traffic control plan shall conform with FL- DOT's manual on uniform traffic control procedures as related to public safety, including lane closures and construction work in the public way. I 2 3 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 42 43 45 3.2.10: 3.2.11: Financial statements prepared in accordan~ with g~erally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the fac/I/ties. This requirement can be waived or modified by the County's Franchise Administrator it' such information is then current and on file with the County's Franchise Authority. Information in sufficient d~tail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. This requirement can be waived or modified by the Franchise Administrator if such information is then current and on file with the County's Franchis~ Authority. 3.2.12: Information to establish that the applicant has obtained ali other governmental approvals and permits to construct and ol~rate the facilities and to offer or provide the telecommunications services. 3.2.13: Ail fees, deposits or charges required pursuant to Section 6 ofthis Chapter. 3.2.14: Such other and further information as may be reasonable required by the County's Franchise Administrator. Section 3.3: Final Decision by the County: Within one hundred twenty days (120) days after receiving a complete application under Section 3.2 herein, the Franchise Administrator will issue a written determination to grant or deny the application in whole or in part, applying the following standards. If the application is denied, the written decision shall include all reasons for the denial. 3.3.1: 3.3.2: 3.3.3: 3.3.4: 3.3.5: 3.3.6: 3.3.7: The financial and technical ability of the applicant. The legal authority of the applicant. The capacity of the public ways to accommodate the applicant's proposed facilities. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted. The public interest in minimizing the cost and disruption of construction within the public ways. The service that applicant will provide to the community and region. / po. l 2 3 4 6 7 ! 9 lO 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 35 36 37 39 4O 41 42 43 3.3.8: The effect, ffmy, on public health, safety and welfn'~ iftbe license is grsnu~ 3.3.9: The availability of alternate mutes md/or locations for the proposed facilities. 3.3.10: Complimce with applicable Federal, State and local telecommunications hws, 3.3.11: Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. Section 3.4. Agreement: No license granted hereunder shall be effect/vt until the applicmt and the County have executed n written agreement setting forth the particular terms and provisions under which the license to occupy and use public wsys of the County will be ~ranted. The County'r. Franchise Admin/~ is hereby delegated full m~hority to execut~ each such agreement on behalf of the County. Section 3.5. Nonexclusive Grant: No license granted under th~ Section shall confer any exclusive right, privilege, license or frmchise. Section 3.6. No Rights Granted: No license granted under this Section shall convey any right, title or interest in the public ways, but shall be deemed n bar~ license with no interest coupled thereto only to use and occupy the public ways for the limited purposes and term expressly st~ed in the grant Further, no license shall be construed as any warranty of title to nny lin'sons or entities. Section 3.7. Term of Grant: Unless otherwise expressly specified in a li~ agreement, a telecommunications license granted hereamder shall be in effect for a term of five (5) years from i~3 effective date. Section 3.8. License Route: A telecommunications license granted under this Scctlon shall bc lirrdted to a/~ant of the specifically identified public ways and defined portions thereof. Section 3.9. Location of Facilities: Unless respective licevae agreement, all facilities shall be accordance with the following terms and conditions: otherwise expressly specified in the constructed, installed and locatted in 3.9.1: Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility. 3.9.2: A licensee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, ~d then only if surplus space is available. 3.9.3: Whenever any existing electric utilities, cable facilitie facilities arc locat~l underground within a public way I0 po._/7 ! 2 3 4 $ 6 ? 9 10 12 13 14 17 18 19 20 21 22 23 24 26 2'/ 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 with permission to occupy thc same public way must also locate its 1 t~lecxnmnuaications facilities unda'grouM. 3.9.4: Whencwr any new or existing electric utilities, c~blc facilities or tclcc~mmtmicatiorm facilities sro located or relocated un~d wi~hin a public way of the County, each Grantee tl~ currmtly occupies thc same public way shall relocate its facilities underground at no ~ to the State or County. Absent extraordinary circumstances or undue hardship as determined by thc County Franchi~ A~ and the County's Public Works Admiaisa'ator or his/ncr design~, ~ach such r~location undm'ground must be made concurrently to ~ disruption of the public ways. If th~ ~dsting Gmnt~ do~ not r~locat¢ concm'r~tly, then it must r~locate underground wi~in a r~asonabl¢ l~iod of time, which shall not be later than the end ofth¢ grant t~tn unl~ an extension of time is granted by the County's Franchise Admini,i~ator with concurranc¢ by thc County's Public Works Director. 3.9.5: Whenever new telecommunications facilities will ~r, haust the capadty of ~xisting ducts, conduits, manhol~ and oth~ facilities within a public stn~ or utility easement to reasonably acco~te futu~ telecommunications eania's or facilities, the Grantee shall at that time provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to futu~ telecommunications carriers. Section 3.10: Construction Permits: All licensees are required to obtain cons~'uction permits for telecommunications facilities as required in Section 8 ber~in provided, however, that nothing in this Section 3 shall prohibit the County and a licensee fi'om agr~ing to alternative plan review, permit and construction procedures in a license agreement provided such alternati'¢e procedures provide substantially equivalent safeguards for r~$ponsible construction practices. Section 3.11: Compensation to County: Each license granted under this Section 3 is subject to thc County's right, which is hereby expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights grmted to the licensee. Nothing in this Ordinance restricts the County and thc licensee from agreeing to the compensation to be paid to thc County by that Licensee. Section 3.12: Service to County Users: A licensee may be permitted to off~ or provide telecommunications services to persons or re'cas within thc County upon submitfng an application for approval pursuant to Section 4 herein. Section 3.13: Amendment of Grant: 3.13.1: A new license application and grant shall be requir~ of any telecommunications carrier that desires to extend or locate frs telecommunications facilities in any granted under this Ordinance or under Ordinance No. 88-9( ~s . 11 Po._/? 1 2 3 4 $ 6 7 9 I0 11 12 13 14 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40 41 42 43 45 3.13.2: If ordered by the County to locate or relocate its facilities in say public way not included in a previously granted license, the County shall nnnmarily grant a iic,m,sc amendment without further application. Section 3.14: Renewal Applications: A Gnmte~ tlmt de~ir~ to ~ ia U~ ~ ~s S~tion 3 sh~l, not mo~ ~ one h~ ei~ (180) ~ n~ l~s ~ ~ (~) &~ ~fom ~p~tion of i~ ~ ~t ~e, file m ~li~fi~ ~ ~e ~m~ f~ ~ of i~ h~ w~ch ~U~on s~l ~ludc ~c follo~g: 3.14.1: Information required under Section 3.2 of this Section. 3.14.2: Any otber information required by the licen~ agrt~nent between the County and the Grantee. Section 3.15: Renewal Determinations: Within ninety (90) days ~ receiving a complete application under Section 3.14 herein, the Franchise Admini=h~tor shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the rencwal application is dmtied, the written determ/rmtion shall include the reasons for non-renewal. 3.15.1: The financial and technical ability of thc Ipplicant. 3.15.2: Thc legal authority of thc applicant. 3.15.3: The continuing capacity of the public way~ to ~t, ommodate the applicant's existing facilities. 3.15.4: The applicant's compliance with the m:luirements her~in and the license agreement. 3.15.5: Applicable Federal, State and local telecommunications laws, rules, and regulations. 3.15.6: Such other factors as may demonstrate whether the continued grant to use the public ways will serve the community interest. Section3.16: Obligation to Cum As a Condition of Renewal: No license shall be renewed until all ongoing violations or defaults in the licensee's performance of thc license agreement, or of thc requirements herein, have been cured, or a plan detailing the corrective action that will be promptly taken by the Grantee has been approved in writing by the County's Franchise Administrator. - ,... j t. ey ,_j SECTION 4: TELECOMMUNICATIONS FRANCHISE This Section is Reserved. 12 1 2 3 4 6 7 8 9 lO II 12 13 14 15 16 17 19 20 21 23 24 2~ 26 27 28 29 3o 31 32 33 35 36 37 38 39 40 41 42 43 44 4~ SECTION fi: CABLE TELEVISION FRANCEISE Section 5.1: Cable Television Franchise: A cable television franchise shah be required of any cable television operator who desires to occupy any public way of the County to provide any cable television se~ice to any person or entity in the unincorporal~ area of the County. SectionS.2: Franchise Application: Any person that desires a cable television franchise pursuant to this Section 5 shall file an application with the County which shah include the following information: 5.2.1: The identity of the franchise applicant, including all affiliates ofthe applicant. 5.2.2: A description of the cable service that is or will be offered or provided by the franchise applicant over its existing and/or proposed facilities. 5.2.3: A description of the transmission media that will be used by the franchisee to offer or provide such service. 5.2.4: Preliminary engineering plans, specifications and a network map of the facilities to be located within the County, all in sufficient detail to identify:. the location and route requested for applicant's proposed telecommunication~ facilities. bo the location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route. the location(s), if any, for interconnection with telecommunications facilities of other providers or PEG access facilities. do the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or r~locate. 5.2.5: If applicant is proposing to install overhead facilities, evidence that adequate surplus space is available to locate its telecommunications facilities on existing utility poles along the proposed route. 5.2.6: If applicant is proposing an underground installation in existing ducts or conduits within any public way, information in sufficient detail to identify: the excess capacity then available in such ducts installation of applicant's telecommunications facilities~ ! 2 3 6 7 9 10 11 13 15 ]6 17 18 19 20 21 22 23 24 25 27 28 29 30 32 36 37 38 ~9 41 42 43 5.2.7: 5.2.8: 5.2.9: 5.2.10: 5.2.11: 5.2.12: 5.2.13: 5.2.14: 5.2.15: the excess capacity, if any, that will exist in such ducts or conduits after installation ofapplicant'z telecommunications facilities. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: the location proposed for the new ducts or conduits; the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunication facilities. A preliminary construction schedule, including estimated completion date~. Acknowledgment that any traffic control plan of the applicant shall conform with FL- DOT's manual on uniform traffic control procedures as related to public safety issues regarding lane closures and construction work in the public way(s). Unless wnlved by the County's FrancE/se Admin/strator, Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. Unless waived by the County's Franchise Administrator, information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. Information to establish that the applicant h~ obtained all other governmental approvals and permits to constru,~t and operate the facilities and to offer or provide the telecommunications services. Whether or not the applicant intends to provide cable service, open video service or other video prograntming service, and sufficient information to determine whether such service is subject to cable franchising. An accurate map showing the location of all existing cable television facilities in the County that applicant intends to use or lease. A description of the services or facilities that the applicant will offer or make available to the County and other public, educational ant' governmental institutions. I 1 14 1 2 3 4 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 2~ 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 45 5.2.16: A description of applicant's ncce~ aml line eg'g~nsion policies. These policies shall conform to the provisions contained w~- Section 5.9 herein. 5.2.17: The re'ca or are~ of the County the applicant desi~s to serve and a schedule for build-out to the entire franchise 5.2.18: All feet, dcposits or charges intuited p~ to Section 6 herein. 5.2.19: Such other and further information ~s may be reasonably requested by the County's Franchise Adminimtor. Section 5.3: Decision by the County: Within one hundred tiff7 (150) days after receiving a complete application under Section 5.2 herein, the Franckise Administrator shall issue a written determination granting or denying the application in whole or in ptr~ applying the following standards. If the epplication is denied, the written determination shall include the rcasons for denial. 5.3.1: The financial and technical ability ofthe applicant. 5.3.2: Thc legal authority of thc applicant. 5.3.3: The cap~ity of the public ways to accommodate the applicant's proposed facilities. 5.3.4: The capacity of the public ways to accommodate additional utility and cable television facilities if the franchise is granted. 5.3.5: The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the ~ranchise is granted. 5.3.6: The public interest in minimizing the cost and disruption of construction within the public ways. 5.3.7: The service that applicant will provide to the community and region. 5.3.8: The effect, if any, on public health, safety and welfare if the franchise requested is granted. 5.3.9: The availability of alternate routes and/or locations for the proposed facilities. 5.3.10: Applicable Federal, State, and local telecommunications laws, rules, and regulations. 5.3.11: Such other factors as may demonstrate whether the grant will serve the community interest. 15 1 2 $ 4 $ 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 24 25 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 Section 5.4: Agreement: No franchise shall be ~ranted hereunder unless the applicant and thc County have executed · written agreement setting forth the paz~icular terms and provisions under which the franchise to occupy and use public ways of tho County will be granted. The Franchise Admi~or is hereby granted fun ~ty to execu~ such agreements on behalf of the County. Section 5.5: Nonexclmive Grant: No franchise granted m~ler ~ Section shall confer any exclusive right, privilege, license or fi'anchise. Section 5.6: Term of Gr'~t: Unless otberwise expressly specified in · fi-anchise agreement, · c~le television fr~chisc granted hereunder shall be valid for · term of ten (10) years fi'om its effective Section 5.7: No Rights Granted: No ~.~chise ~ranted under this Section shall convey any right, title or interest in t~e public ways, bu~ shall be deemed a fi'anchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no fi'nncMse shall be cons~aed as any warranty of title to arty person or e~ty. Section 5.8: Franchise Territory: A cable tel,~fision franchise ~'anted under this Section shall be limited to thc geographic mca of the County to be served by the f. ranc~ Grantee, and t~e specific public way· necessary to serve such az~as. The cable television Grantee shall not exclude from its services any high-cost (per customer) az~a, any mz-al location, or ~y person based on tl~ person's ~come. SectionS.9: LocatiOn of Facilities: Unless othawise specified in st franchise agreement, all facilities shall be coustruc~ed, installed and located in accordance with the following terms and conditions: 5.9.1: Thc County, at its sole discretion, may r~luir~ at not cost to the County the Grantee to locate and identify its cable television facilities within the public rights-of-way. 5.9.2: The County r~erves the right, upon reasonable notice, to require thc Grantee et its expense to protect, support, tempo~ly disconnect, r~locate or remove from the County's s'a'eet any property ofthe Grantee by reason of traffic conditions, public safety, street construction, ~ or planned excavation, change or establishment of s~'eet grade, installation or planned instsllation of sewers, drabs, water pipes, power and/or communication lines, tracts, or other types of s~ucture or improvements by governmental agencies or any other stru~ proposed for public improvement. Reasonable notice for this provision means at least ninety (90) days, except in the case of emergencies where no specific notice period shall be required. The County shall endeavor to notify and seek System, where public works projects may affect the Grantee Ucf -)~.,/ 16 1 2 3 4 6 7 ! 9 10 Ii 12 13 14 i$ 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 31 33 34 37 38 39 40 41 42 43 5.9.3: 5.9.4: 5.9.5: 5.9.6: 5.9.7: 5.9.8: 5.9.9: Cable Television facilities shall be installed within an existing underground duct or conduit whenever available excess capacity then exists within such utility facility. A franchisee with permission to install overhead facilities ~11 install its telecommunications facilities on pole attachments to exi~ing utility poles only, and then only if surplus pole space is then available to that franchisee. Whenever any existing electric utility, c~le facility or telecotnmtmlcations facility is located underground within n public way of the County, a franchisee with permission to occupy the same public way must locate its cable television facilities tmderip'ound at no cost to the County. Whenever say new or existing electric utilities, cable facilities or tcl~.ommunications facilities are located or relocated underground within a public way of the County, each Grantee that currently occupies the s~ne public way shall relocate its facilities underground st no cost to the State or County. Absent extrao~ ch-cumstances or undue hsrdship as determined by the County Franchise Adr~inistrator and the County's Public Works Administrator or his/her designee, each such relocation underground must be made concurrc-ntly to minimize disruption of the public ways. If the existing Grantee does not relocate conon'rently, then it must relocate underground within are. asonable period of time, which shall not be later than the end ofthe grant t~.ii unless an extension of time is granted by the County's Franchise Administrator with concummce by the County's Public Works Director, Whenever a public way exists to accommodate the Gr~tee's system, the Grantee shall not locate its facilities offthe public right of way and shall make every effort to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County ofthe State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. The Grantee shall locate, place and construct its telecommunications facilities so as not to interfere with the construction, location and maintenance of sewer and/or water mains, lines or connections. The Grantee shall take appropriate preventative measures to protect existing facilities within the public rights-of- way. Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material to their former condition at the Grantee's expense, and shall thereafter, from time to time, but no longer than 17 ! 2 6 ? $ 9 10 11 12 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 37 38 39 40 41 42 43 completion oftbe job, readju~, fill and finish the ~me u may be n~ due to ~ettling of the earth as~ciated with the C, rmtee's disruption of the public way. 5.9.10: Whenever new telecommunicationa facilities will exlmm the capacity of existing duc~, conduits, manholes and other facilities within a public ~ or utility e, ucm~t to retao~ly accommodate futu~ telmommunicafion~ cam'ier~ or facilities, the Grantee ~all at that time provide additional ducts, conduits, rrm~holes md other facilities for nondi~rimin~tory acce~ to future 5.9.11: The Grantee shall adhere to all Fedcral, State md local laws, rules and regulations regarding the location, construction, and maintenance of its telecommunications facilities within the public right-of-way. Section 5.10: Construction Permits: All franchisees are required to obtain construction permits for telecommunications facilities u required in Section 8 herein provided, however, that nothing in this Ordizmncc shall prohibit the County and a franchisee from agreeing to alternative plan review, permit and construction procedures in their francMse a&reement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 5.11: Compensation to County: Each fi'anchise granted under this Section is subject to thc County's right, which is hereby expressly r~"ved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the francMsee; provided, nothing in this Ordinance prohibits the County and the franchisee from agreeing to the compensation to be paid to the County. Section 5.12: Cable Television Franchise F~s: The Grantee shall pay the County throughout the term of the franchise, as compensation, an annual francMse fee of five percent (5%) of the Grantee's gross revenues, unless otherwise expressly provided otherwise in the franchise agreement. 5.12.1: All payments of franchise fees shall be due and payable quarterly by April 30, July 31, October 31 and January 31 for the preceding three (3) month l:~'riod ending respectively on March 31, June 30, September 30 and December 31. Franchise fee payments shall be accompanied by a report itemizing and setting forth the revenues/receipts and showing the calculation of the correct payment for the preceding quarterly period. 5.12.2 18 Gross revenues mean all revenue received by the Grantee arising from or attributable to the sale of cable services provided by Grantee within the County or derived from thc operation within the County of its System, including, and limited to all of the following: monthly Cable Service fees; installation, connection, disconnection, reconnection up/down grade fee~ .[or the provision of Cable Service; leased access fees, late fees; bad debt recove 'y; in~t,~j,~! '"'------- liAR 1 1 i ,37 p.o,. o 1 2 4 6 ? 9 10 11 12 13 16 I? ~9 2O 21 22 23 24 25 26 2'/ 28 2~ 32 35 36 3'/ 41 42 43 Service fees; recoipt~ for service md/or rentals; also advertising revenues attributed to the operation of the Cable System and video or audio program services; also leased charmel fees; v/deo and/or audio program service equipment rentals; also advertising revenue received by Grantee from video or audio program services; also revenues received by Gr~tee from shopping and substantially similar channels. This sum shall be the basis for computing the fee required by Section 5.12 herein. 5.12.3 Gross r~venues shall not include any of the following: converter or other equipment deposits, bad debts, franchise fees, FCC regulatory chm'ges, any sales, excise or any other taxes collected by Grantee on behalf of any state, city, county or other governmental unit; refund~ to ~ubscriber~ by Grantee; ~ales type commissions actually paid to other~; reimbursement for expenf~ (including r,~tuned check fees, copy expenses and similar items); or items excluded by local, State or Federal law. 5.12.4 To the extent permitted by law, gross revenues include: revenues received for the provision of data transmission, point to point telecommunications, telephone or telephony services. Where advertising or other revenue arising from or attributable to the sale of cable services by Grantee is received by unrelated third parties not under control of C~antee, and some portion of that revenue is remitted to Grantee, only the portion of such revenues due and owing to Grantee (whether or nor actually received) shall be included in the calculation of gross l'~veriues. Section5.13: Nondiscrimination: Each franchisee shall make its cable television services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. Section 5.14: Service to the County: Each franchisee shall make its cable television services available to the County at its most favorable rate for similarly situated users, unless otherwise expressly provided otherwise in the agreement. Section5.15: Interconnection: For the purpose of and to the extent required to accomplish transperting I-Net and PEG access channels, the Grantee shall interconnect its telecommunications system with other systems in nearby areas, upon the directive of the County'., Franchise Administrator. To fulfill this obligation, the Grantee shall familiarize itself with all technical requirements needed to cause such interconnection. 5.15.1: Interconnection of the systems may be accomplished by direct hard cable connection, microwave link, satellite, or other appropriate ne, all&__ _ 19 23 24 25 26 27 28 29 30 31 32 33 34 35 37 38 39 4O 41 42 43 44 l 2 3 4 $ 6 7 8 9 5.15.1: Upon receiving a directive from the County's Franchise Administrator to interconnect, the Cn'antees shall immediately initiate negotiations with the other affected system(s) in order that all costs may be shared equitably among the Grant~ for both construction and operation of the interconnect/on link. Such interconnection shall be made within the time limits as established by the County's Franchise Administrator 5.15.3: The Gnm~ may be accorded reasonable extemions of the time to interconnect, or the County may rescind its order to interr, onnect upon petition 10 by one or more Grantees to the County. The County shall grant the request if it 11 finds that the Grantees had negotiated in good faith and had failed to obtain 12 approval from the o~cr affecled Grantees, or the cost ofinterconnection would 13 necessarily cause an unreasonable or unacceptable increase in subscriber rates. 14 15 5.15.4: The Grantees shall cooperate with may interconnection corporation, regional 16 intcrconnection authority or local, State and/or Federal regulatory agency 17 established for the purpose of regulating financing, or otherwise providing for 18 the interconn~ction of cable systems beyond the boundaries of the County. 19 Fu~her, the Grantees shall cooperate with other telecommunications operators 2o to standardize the number of channels likely to be interconnected; also to 21 establish a uniform frequency or channel assignment plan that would permit the 22 maximum number of systems to interconnect and to standardize uniform channel assignments throughout the affected region. Section 5.16: Resources for Public Purposes, I-Net & PEG Access: The Grantee shall designate no less than two (2) fibers of installed capacity on its fiber optic system within the County, exclusive of PEG channels, for civic purposes. The fibers shall be available to the County and County designated public agencies to serve aa an Institutional Network (I-Net) and shall be reserved for use by the County in a manner consistent with Federal and State laws, rules and regulations. 5.16.1: The County, at its sole discretion, may either:. (a) purchase at the marginal construction cost, or (b) lease at the marginal olnrating cost, any portion of such I-Net capacity excluding PEG channel signal carriage. I-Net capacity acquired by the County pursuant to this provision shall not be ~old or leased by the County to any entity which may use that capacity to compete directly with any services then offered by the Grantee. 5.16.2: 5.16.3: Upon reasonable notice the Grantee shall extend, without cost to the County of the State, the I-Net to any public building located within Grantee's cable system service area that is also located two hundred fifty feet (250') or less from the nearest possible intercormection with that Grantee's telecommunication system. The Grantee shall cooperate with the County in the d ~~l....~,tior~ of components necessary to implement its at~lication and'if --- ) Pc. 1 2 3 4 $ 6 7 $ 9 10 I1 12 13 14 16 17 19 20 21 22 23 24 25 26 27 28 29 3O 32 33 34 36 37 39 40 41 42 43 furnish ~ equipment ~ Grmtee's cost md Co) mmage the tags md authorizations of said equipment at no cost to the County. 5.16.4: Thc Grantee, upon presentin$ to the County a right of first r~fusal, may use such capacity reserved undcr this Section for its own purposes. The Grantee shall give the County -et less than ninety (90) days advance written notice of its intent to cxercis~ its right under Section $.16. 5.16.5: Agreements regsrding use of the l-Net i~ subject to all local, State, end Federal lav~ applicable thereto. To the grc~est ~xtcnt l~rmi~ by law, the County agrees to indemnify and hold lxsrmless the Grmtee from sad sgsinst any and all claims, damages, liabilities, costs and ~, including reasonable attomey's fees and costs directly related to the material under the County or other public agency user control carried on the I-N~ including and not limited to copyright infi'ingement, libel, slander, defamation, patent, trademark, and/or invasion of privacy claims. 5.16.6: The parties agree that I-Net contributions by or on behalf of the Grantee to the County do not constitute an in-kind payment or franchise fee. 5.16.7: Reservation of PEG Channels. Thc Grantee shall reserve at least six (6) PEG access channels on its residential distribution system, on the effective date of thc franchise. One (I) upstream channel shall be reserved as a PEG access return feed when and where available. The PEG provider shall finnish thc signal transportation equipment, including modulators. 5.16.8: The County's Franchise Administrator shall provide the Grantee at least forty- five (45) days prior notice of the required up/down stream activation. 5.16.9: PEG access signal lxansportation on the Grantee's cable system or intcrconnection facilities shall be provided without charge to the County and/or to any PEG Access Center. 5.16.10: In the event a previously activated PEG access channel is not utilized for more than twelve (12) continuing months, thc Grantee, upon ninety (90) days advance written notice to the County, shall have the right to reclaim the unoccupied "dark" channel(s). The County or its access provider shall have the right to reclaim the channel(s) in accordance with the provisions of the Periodic Evaluation and Review process, Section 9 herein. Section 5.17: Emergency Alert System: The Grantee shall install and maintain an emergency alert system (BAS) pursuant to the then current FCC's roles and with the then current Florida Emergency Alert System Plan. Thc County's Public Safety Communication Ccnter shall be provided with access to the system so that thc Center can communicate ~:m~l:gln!~jl~1:.s,~1t~,~.._~I I ! 2 4 ? 9 10 12 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 3O 31 32 34 35 36 37 3S 39 4O 41 42 43 md slerts to residers of the County. The emergency gert system sh~ll be sctiv~xf by the Gnmtec p~t to the rules as then promulgated by the Florids Emergency Alert System Plan. Section 5.18: Amendment of Gnmt: 5.18.1: A new frmchise apglication and gnmt d~ll be mluircd of any telccommunlca~ion operator that d~ir~ to ~xtcud it~ frmch~s~ t~ritory or to loc~ its c~le television faciHti~ in public w~ of the County which ~ not expressly included in a frmchi~ previously grmted under this Ch~ter or under Ordinencc no. 88**90, u ~mendcd. 5.18.2: If ordered by the County to locate or r~locat~ its telecommunication facilities in public ways not included in a prmdously granted franchise, the County shall grant a franchise amendment without further application to facilitate such ordered changes. Section 5.19: Renewal Apglication~: A Cnante~ that d~ to renew its flnmc,3i~ under this Section shall, not more than thirty-six (36) month~ befor~ expiration of its cun'~t f~chi~ file an application with the County for renewal of its franchise which application shall include the following information: 5.19.1: The information r~luired by Section 5.2 herein. 5.19.2: Any additional information, if any, that is required by the franchise agreement betwccn the County and the Grantee. Section 5.20: Renewal Determinations: Within one hundred fifty (150) days after receiving a complete application under Section 5.2 herein, the Franchise Administrator shall issue a written decision granting or denying the r~newal al:~lication in whole or in part, applying thc following standards. If the renewal application is d~ied, the written determination shall include thc reasons for non-renewal. 5.20.1: The financial and technical ability of the applicant. 5.20.2: The legal authority ofthe applicant. 5.20.3: The continuing capacity of the public ways to accommodate the applicant's existing facilities. 5.20.4: The applicant's compliance with the requirements herein and the franchise agreement. 5.20.5: Applicable Federal, State and local telecommunications laws, roles and policies. 1 2 3 4 6 7 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 27 28 29 ~0 32 ~6 38 29 41 42 Section ~.1: Obli~tion to Cu~ As e Condition of Renewal: No franchise shah be rcncwed until all ongoin~ violations or defaults in the smflce's perfonnanc~ of ~he fl'mchise agr~ment, or of the mtuimneats in this Ordinance, have been cur~ or a plan dctailins t~ eXnT~tive action that will be taken bi,' the Grantee has been approved in writing by the County's Fnnchise Administrator. SECTION 6: FEES, COMPENSATION AND REVIEW S~tion 6.1: Propose: It is the purpose of this S~ion to provide for tbe p~:nent and r~covery of ell direct ~ ~ costs end expens~ of the County rdsted to the enforonncnt end ~lministmion of this ~o Section 6.2: Application and Review Fee: 6.2.1: Any applicant for a license or fxanchise pursuant to Article 3, 4 or :S ber~ifl shall pay a fee often thousand dollars ($10,000). 6.2.2: The application and review fee shall be deposited with the County as part of the application filed pursuant to Section 3, 4 or $ in this Ordinance. 6.2.3: An applicant whose license or francht~ application haa been withdrawn, abandoned or denied shall, within sixty (60) days of its application and review fee written request, be refunded the balance of its deposit under this section, less: a. five thousand dollars ($$,000); and all ascertainable costs and expenses inctured by the County in connection with that application. Section 6.3: Other County Costs: All license and/or franchise Grantees shall, within thirty (30) days after written demand therefor, reimburse the County for all direct and indirect costs and expenses incurred by the County in connection with any modification, ~nendment, renewal or transfer of the license or franchise or any license or franchise agreement. Section 6.4: Reserved Compensation for Public Ways: The County hereby reserves its right to annually fix a fair and reasonable compensation to be paid to the County for the rights granted to each respective telecommunications license or franchise C. rmntee. Nothing in this Ordinance shall prohibit the County and the Grantee from agreeing to the compensation to be paid to the County. Section 6.5: Compensation for County Property: If privilege a ~.L~_._by lease, r nchis: or other m er, to and occ, V County l'rop V rc I 2 4 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 45 telecommunications facilities, the compensation to be paid to the County shall be fixed by Resolution of the Board of County Commissioners. Section 6.6: Construction Permit Fee: Prior to issuance of a construction permit, the permittee shall pay a permit fee in accordance with the fee schedule set by Collier County Resolution No. 96-594, as may bo amended from time-to-time, or by any successor Re~olution and/or Ordinance that perfomu the function of that Resolution. Section 6.7: Armual ROW Use Fees: Unless otherwise expressly a~ in the reap~tive license or fi'anchise grant agreement, each license or franchise Grantee shall pay an annual use fee to the County equal to fifty cents ($0.50) per linear foot for facilities up to three inches (3") in diameter, seventy five cents ($0.75) per lineal foot for facilities greater than three (3") inches but less than six inches (6") in diameter;, one dollar ($1.00) per lineal foot for facilities greater than six (6") inches in diameter but less than nine (9") inches in diameter;, and one dollar twenty-five eent~ ($1.25) per lineal foot for facilities greater than nine (9") inches in d/ameter but le~s than twelve (12") inches in diameter;, to reimburse the County for the County's direct and indirect costs and expenses in connection with r~ving, inspeclin8 and/or sup~vising the u.~ md/or occupancy of the public ways on b,halfof the public. For facilities, if any, exceeding twelve (12") inches in diameter, the fee shall be set and m-set by the Board of County Commissioners by Resolutions. These fees shall be paid in full to the County annually on the anniversary of the respective grant agreement. Whenever an ~tity is required by this Ordinance to install additional capacity in the fight of way for future use by others, such capacity shall be ex~npt from any Annual ROW Use Fee until such time as that capacity it is placed into actual use; see, for one example, Section 7.1.6. Section 6.8: Telecommunication Fees: Telecommunication franchisees shall be subject to the franchise fees, payments and costs as provided for in Section 4 herein. Section 6.9: Cable Fees: Cable television Grantees shall be subject to the franchise fees, payments and costs provided in Section 5 herein. The payment of franchise fees by Grantees is for the right to construct and operate its telecommunications system within the public way and is in lieu ora ROW use fee. Section 6.10: Regulatory Fees and Compe~tsation Not a Tax: The regulatory fees and costs provided for in this Section 6, and any compensation charged and paid for the public ways provided for in Section 6.4 of this Section, are separate from, and additional to, any and all Federal, State, local taxes as may be levied, imposed or otherwise owing bom a telecommunications carrier or provider, its customers or subscribers, or on account of lease, sale, deliver),, or transmission of telecommunications services, unless otherwise expressly provided otherwise by Federal or State statute(s). Section 6.11: Report and Auditing: The County, on an annual basis, shall be furnished a statement within ninety (90) days of the close of that calendar year, certified by an official of the franchisee who is responsible for that Grantee's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations fc 24 ? 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 ~g calendar year. Upon ten (1 O) days prior written notice tb the Crrantee, the County shall have the right to conduct an independent audit of Grantee's record~ If, after reaolving any dispute arising from ~h audit, Gnmtee lam made a franchise fee und~payment of tlmm percmt (3%) or more, the Grantee shall be responsible to pay all reasonable corn of ~ch audit mad promptly remit payment for ua'ne to the County. If the under payment is less than thr~ percent (3%), the County shall bear all of its costs associated with that audit. Section 6.12: Books and Records: Thc Gnmtee's books md reco~ concerning its Gross Revenues md its eadcul~on of payments to the County, shall I~ m~tilable for impe~on by appropriate St, iff of thc County, or their designees, ~t reasonable ~mes to determine thc amount of compensation due to the County from C. vrantee under the tranc~se. Such na:axda shall be kept by the C-ran~ so as to clesxly and accurately show same. Without cost to ~ Coumy, the Grantee shall prepare and make available to the County at times reasonably requested by the County and in the form as may be prescribed by the County after consultation with the Grantee, such reports with respect to its telecommunication enterprise and the gross revenues derived therefrom, as thc County may deem reasonably appropriate. Section 6.13: Late Payment Penalty: IfGrantee makes an under payment and/or fails to make any payment on or before the date that it is due, Grantee ~mll pay interest at a rate ofone percent (1%) per month on all under payment and/or late payment. Section 6.14: Rate Notification: The Grantee shall file no less frequently than annually all tariffs, amendments, or modifications affecting the sale of its services and shall provide written notification to the County within thirty (30) days of each such proposed change(s). SECTION 7: CONDITIONS OF GRANTS BY THE COUNTY Section 7.1: Location of Facilities: All facilities shall be constructed, h'~Iled and located in accordance with the following terms and conditions, unless otherwise expressly specified in a license or franchise agreement: 7.1.1: A Grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. 7.1.2 To the extent that a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities off the public of way, and shall make every effort to locate its facilities within the public way before seeking private easements within the County. The Grantee shall relocate its facilities and appliances which are in conflict with any County project. The relocation shall be performed by the Grantee at no cost to the County and said costs shall not be passed on to Grantees' customers. 25 i 2 $ 6 ? 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 26 27 29 30 32 33 35 36 37 40 42 7.1.3: A Camtee with p~miuion to inst~l overhead facilities shall install its telecommrmications facilities on pole ~tt~chm~ts to ~g utility poles only, and then only if surplus pole ~ace is available. 7.1.4: 7.1.5: Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the County, a Grantee with permi_asion to oc~upy the same public way must also Iocatc its telecommunications facilities underground without co~t to the County. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or r~located underground wi~in a public way of the County, each Grantee that currently occupies the same public way shall relocate its facilities underground at no cost to the State or County. Absent extraordinary circumstances or undue hardship as determined by the County Franchise Administrator and the County's Public Work~ Administrator or hi~fner designee, each such relocation underground must be made concm'tently to minimize disruption of the public ways. If thc exi~ing Grante~ doe~ not r~loca~ concurrently, then it must relocate underground within a re~mmablc period of time, which shall not be later than the end ofthe gnmt term unle~ ~m extension of time is granted by thc County's Franchise Admini~utor with concurrance by the County's Public Works Director. 7.1.6: Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accomm~te future carriers or facilities, the Grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers. Such additional capacity shall be exempt from any Annual ROW Use Fee until such time as that capacity it is placed into use. Section 7.2: Compliance with One-Call Utility Location: All license or franchise Grantees shall, before commencing any construction in any public way, comply with all utility location regulations of the Sunshine State One Call of Florida, Inc., or its ~ccessor in function. Section 7.3: Construction Permits: All license or franchise Grantees are required to obtain construction permits for telecommunications facilities as required in Section 8 herein. However, nothing in this Ordinance shall prohibit the County and a Grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Section 7.4: Interference with the Public Ways: No license or franchise Grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of any public way by the County, by the public, or by other persons or entities authorized to use or be present in or upon that public way. All such facilities shall be move 26 1 2 3 4 $ 6 7 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 temporarily or permanently, as detci~dned by the County's Public Works Director and thc County's Franchise Administrator. Section 7.:5: Damage to Property: No license or franchise Grantee nor any person acting on a grmtee's behalf shall take any action or permit or suffer any action to be done which may impair or damage any tangible County Property, nny public way of the County, any Other Way, or other tangible property located in, on, over or immediately adjacent thert~o. Section 7.6: Notice of Work: Unless otherwise exlm~ly provided for in a license or franchise agreement, no license or franchise Gnmtee, nor any person acting on the grantee's behalf, shall commence ~ny non. emergency work in or about any Public Way of the County or any Other Way without giving at least ten (1 O) working days advance notice to the County. Section 7.7: Repair and Emergency Work: In the event of an unexpected repair or emergency, a C.n-antee may commence such repair and emergency re~po~ work as are requir~ under those circ'mnstances, provided the Grantee shall notify the County as promptly as poss~le be/ore such repair or emergency work, or as soon thereafter as is posm'ble ifadvance notice is not possible. Section 7.8: Maintenance of Facilities: Each license and/or franchise Grantee shall maintain its facilities in good and safe condition and in a manner that complies with ~i1 applicable Federal, State and/or local laws, rules and/or regulations. Section 7.9: Relocation or Removal of Facilities: Within thirty (30) days following written notice from the County, a license or franchise Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications or other facilities within the respective public way(s) whenever the County authorities shall have determined that such removal, relocation, change or alteration is reasonably necessary to accommodate: 7.9.1: The construction, repair, maintenance or installation of any County or other public improvement in or upon any public ways. 7.9.2: The operations of the County or other governmental entity in or upon the public ways. Section 7.10: Removal of Unauthorized Facilities: Within thirty (30) days following written notice bom the County, any Grantee, telecommunications caxrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within any public way(s) of the County shall, at its own expense, rernove such facilities or appurtenances from each such public way of the County. A telecommunications system or any other facility is unauthorized and subject to removal under any of the following circumstances: I 2 $ 6 ? 9 10 I1 12 13 14 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 7.10.1: Upon expiration or termination of the grantee's tel~unicafion~ license or fr~cN~c. 7.10.2: Upon abandonment within the public way ofthc County. 7.10.3: If thc ~ or facility wm co~ or imtalled without the prior grant of thc required telecommunications license, franchi~ md/or pm'miL 7.10.4: Ifthc ~tem or facility wu constructed ot in~tlled without the prior ora required conttmcfion permit or other p~,mit for same. 7.10.5: If thc ~y~tern or facility wu ~ or in,tailed a~ a location not pea-m~tted by the grantee's telecommunication~ licen~ or franchise, and pennit~. Section 7.11: Emergency Removal or Relocation of Facilities: The County retains all fights to cut or move any tclecommunication~ facilities located within my public way of the County a~ thc County then determines to be ~ppropriate in remorse to any public health or ~fety emergency. Section 7.12: Damage to Grantee's Facilities: Unless directly and proximately caused by will~l, intentional tort or malicious act by the County, the County ~l~ll not be liable for any damage to or loss of any telecommurLications facility within each and every the public way(s) of the County as a result of or in connection with any public work~, public improvements, construction, excavation, grading, filling, and/or any other work of any kind in the public way~ by or on behalf of the County. Section 7.13: Restoration of Public Ways, Other Ways and other County Property: 7.13.1: 7.13.2: 7.13.3: When a license or franchise Cn'antee, or any per~on acting on it~ behalf, doe~ any work in or affecting any Public Way, Other Way or other tangible County Property, it shall, at its own exper, se, promptly reraove any obstructions therefrom and r~ore each such way(s) and/or tangible County property to as good a condition as existed before the work was undertaken, unless otherwise directed by the County. If weather or other conditions do not permit the complete reetoration requir~ by this Section 7.13, the Grantee shall, if r~quested by tho County, temporarily restore each such affected way or property. Such temporary restoration shall be at no cost or expense to the County or State. The Licensee shall im:n~tly undertakc and complctc thc required pcrmanen! restoration whcn the weather and other physical conditions no longer prevent that permanent restoration. A Grantee or other per~on acting in its behalf shall use suitable barricMes, flagrnen, lights, flares and other measur~ u required for the ractety of the public to prevent injury or physical damagc to any per~o~-:._-~,;,-l~.. _r~._ property by reason of such work in or affecting such way(s) ~nd/or'~,;'l 1 ". ! 3 4 $ 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39' 4O 41 42 43 S~tion 7.14: Facilities Maps: Each licens~ or franchise Grantee shall provide the County with an accurate map or maps certifying the location of all telecommurgcstions facilities within each public way. Without cost to the County, each Grantee shall provide the County srmually with UlXtated maps. This provision shall not apply, however, if in the respective calendar year no changes m'e made to any facilities covered by the respective map. Section 7.15: Duty to Provide Information: from the County's Franchise Administrator, each information sufficien! to demonstrate: Within ten (I0) days of a written request Grautee shall furnish the County with 7.15.1: That thc Grantee has complied with all requirements of this ordinance and sales, message md/or telecommunications taxes due the County in connection with the telecommunications services and facilities provided by the Grantee have been properly collected and paid by the Grantee; and also 7.15.2: That all books, records, maps and other documents maintained by the Grantee with respect to its facilities withiv the public ways shall be made available for inspection in Collier County by County Staff at all reasonable times and intervals and without delay. Section 7.16: Leased Capacity: Each Grantee shall have the right, without prior County approval, to offer or provide capacity or bandwidth to its customen; provided: 7.16.1: Grantee shall furnish the County with a copy ofany such leas~ or agreement, st no cost to the county. 7.16.2: The customer or lessee has complied, to the extent applicable, with the applicable requirements herein. Section 7.17: Grantee Insurance: Unless otherwise expressly for provided in a license or franchise agreement, each Grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both thc Grantee and the County, and the County's elected and appointed officers, officials, agents, and employees as co-insured: 7.17.1: Comprehensive general liability insurance with limits not less than: a. five million dollars (S5,000,000) for bodily injury or death to each person; five million dollars ($5,000,000) for property damage resulting from any one accident; and, five million dollars ($:5,000,000)for all other types of Ii il~~'~~/~). ~'.-: ... t'./.:, , I :-.., ! I 2 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~7 ~8 3O 31 36 ~7 40 7.17.2: Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for each accident. 7.17.3: Worker's compensation within statutory limits, and employer's Uability insurance with limits of not less than one million dollars ($1,000,000). 7.17.4: Comprehensive form premi~or~ explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars (S3,000,000). 7.17.5: The liability insurance policies required by this Section 7.17 shall be maintained by the Grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the Grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each ~uch insurance policy shall contain substantially the following endorsement: It is hereby underwood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the County, by registered mail, of a written notice addressed to the County Manager of such intent to cancel or not to renew. 7.17.6: Within sixty (60) days aler receipt by the County ofsaid notice, and in no event later than thirty (30) days prior to said cancellation, the Grantee shall obtain and furnish to the County replacement insurance policies meeting the requirements of this Section. Section 7.18: General Indenmification: Each license or franchise agnmnent shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the County and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the Grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a grant agreement made or entered into pursuant to this Chapter. Section 7.19: Performance and Construction Surety: Before a license or franchise granted pursuant to this_ Chapt.er is effective, and u necessary thereal~, provide and deposit such momes, bonds, letters of' credit or other instluments I I -"'~;, ~1 ~,:..,. ~0 ! 2 3 4 5 6 7 1o 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 31 32 34 35 36 37 39 4O 41 42 43 substance acceptable to the County aa may be requimt by this Chapter or by an applicable license or franchise agreement. Section 7.20: Security Fund: Each Grantee shall establish within sixty (60) days, from the date of license or fxanchise awaxd, a permanent security fund with the County by depositing fifty thousand dollars ($50,000) with the County in cash. or an unconditional letter of credit or other ire'torment acceptable to the County Attorney, which fund shtll be mainta~ed at thc sole expense of Grantee so long as any of ~rantee's telecommunJc, ation~ f~c~tie~ aI~ located within any public ways of the County, or the fund is otherwise refunded to the Grantee by the County. 7.20.1: 7.20.2: The fund shall serve as security for the full and complete performance herein, including any costa, expenses, damages or loss the County pays or incurs because of any failure attributable to the Grantee to comply with any code., ordinance, rule, regulation or permit of the County. Before any sums are withdrawn from the security fund, the County shall give written notice to the Grantee: ao describing the act, default or failure to be remedied, or the damages, cost or expenses wkich the County has incun'ed by reason of gramee's act or default; providing a reasonable opportu~ty for C-rantee to first remedy the existing or ongoing default or failure, if curable; providing a reasonable opportunity for Grantee to pay any monies due the County before the County withdraws the amount thereof from the security fund, if applicable; 7.20.3: that the Grantee will be given an opportunity to review the act, default or failure described in the notice with the County Manager or his designee. Grantee shall replenish the security fund within fourteen (14) days after written notice from the County that there is a deficiency in the amount of the fund. 7.20.4: The rights reserved to the County with respect to the letter of credit are in addition to all other rights of the County, whether reserved by the license or fi'anchise, or authorized by law, and no action, proceeding or exercise of a right with respect to such a letter shall affect any other right the County may have. 7.20.5: The letter of credit shall contain substantially the following endorsement: 31 ! 2 4 ? 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 O23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 It is hereby under~tood and a~r~ed that this letter of credit ~hali not be canceled by the gurety nor tile intention not to renew be stated by tile turety until tilirty (30} day~ after receipt by tile County, by registered mail, of a written notice of ~uct an intention to cancel or not to renew. 7.20.6: The Grantee shall renew the letter of credit not less than thirty (30) days prior to its expiration and provide a copy of the renewal to the County. Failure to comply with this provision shall entitle the County to draw down the letter ofcredi! in its entirety. S~tion 7.21: R~n~i~-Liquidated Damage: Unlcss modified in the r~'p~tiv¢ document, the following shall be inserted into each franchise, license, and/or grant: If the Grmtee's failure to comply with provisions of this document and/or with the County's Telecommunications Ordinance, as mended fi'om time-to-time, results in injury to the County, and as it will be difficult to prove the extent of such injury, the County ~nd the Grantee hereby agree to the following liquidated damages, which represent both parties' best ea~atates of the damages resulting from the injury. 7.21.1: For failure to complete consiruction within the initial service area or extend service in accordance with the license or franchise: fifteen hundred dollars ($1500.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.2: For failure to comply with material requirements of the license, franchise, or the County Telecommunications Stand ts Ordinance: three hundred dollars ($300.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.3: For failure to comply with the following requirements: one hundred dollars ($100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occur~ or continues with respect to: a. timely completion of construction; b. compliance with applicable plans, permits, technical codes and standards; c. properly locate facilities as specified by or approved by the County; restoration of the public ways and other property construction; 32 affected by the .' I 2 4 $ 6 7 8 9 I0 !I 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 e. submission of engineering design "as built" drawings following the d compl~on of the work as required by this Chapter;, rr~mittance of timely payment and satisfaclion of all claims, demands or liens for labor, material or survice~ provided in connection with the work. 7.21.4: For repeated, willful, or continuing failure to submit reports, mainttin r~.ords, provide documents or infomuttion: five hundrcd dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.5: For failure to comply with malerial requirements of the County's Customer Service Standards for Telecommunications providers: five hundred dollar~ ($500.00) for each oftense. A separate s~d distinct offense shall be deemed committed each calendar day on which a violation occurs or congnues; 7.21.6: For failure to comply with transfer provisions: five hundred dollar~ ($500.00) from the date of any unlawful {ransfer. A separale and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues; 7.21.7 For failure to comply with any provision the County's Telecommunications Ordinance for which a penalty is not otherwise specifically provided: one hundred dollars ($100.00) for each offense. A separate and distinct offense shall be deemed committed each calendar day on which a violation occurs or continues. 7.21.8: Penalties shall commence to accumulate only for days of non- compliance which occur after the final date set by the County for achieving compliance, in accordance with the procedure required herein. No penalties will be assessed for violation period which has existed prior to the expiration of the period set by the County herein for correcting the defect. 7.21.9: Damage amounts shall be increased throughout the term hereof by the County by Resolution to account for increases in {he consumer price index for the Southeastern United States (GNP-PI). Section 7.22: Coordination of Construction Activities: Ail Grantees ar~ r~quired to cooperate with the County and with each other. 7.22.1: By February I of each year, Grantee shall provide the County with a schedule of their proposed construction activities for the current year. 7.22.2: If deemed necessary by the County for the respective calendar year, each Grantee shall meet with the County, other Grantees and .u.~Ts~l~.publi~..;-_.,~y~-.~] 1 2 4 6 8 9 10 11 12 13 14 15 16 19 20 21 22 ~5 ~6 ~8 ~0 ~5 37 ~8 ~0 42 annually (or as determined to be needed by the County) to schedule and coordinate construction in the public ways. 7.22.3: Ail construction locations, activities and schedules shall be coordinated, as ordered by the County, to minimize public inconvenience, disruption or damages. Section 7.23: Assignments or Transfers of Gnmt: Own~p or con~'ol of a t~lecamamunications ~ license or franchi~ may not, di.mefly or ~y, be trmsfen~ assigned or disposed of by sale, lease, mer~er, consol/dation er other act of or inaction by the Grantee, by operation of hw or othcrwise, without the prior expressed written consent of the County, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. 7.23.1: No grant shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the license or franchise, unless othc~nise provided for in thc license or franchise agreement. 7.23.2: Absent extraordinary and unforeseeable circumstances, no grant, syrtem or integral part of a system shall be assigned or transferred before constm~on of the telecommunications system has been completed. 7.23.3: Grantee and thc proposed assignee or transferee of the grant or system shall provide and certify the following information to lhe County not less than one hundred and fifty (150) days prior to the proposed date oftransfen Complete information setting forth thc nature, t~ms and condition of the proposed transfer or assignment; All information required of a telecommunications license or franchise applicant pursuant to Articles 3, 4 or 5 herein with respect to the proposed transferee or assignee; c. Any other information reasonably required by the County. 7.23.4: No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate thc telecommunications system pursuant to this Chapter. 7.23.5: The Grantee shall reimburse the County for all direct and indirect fees, costs, and expenses reasonably incurred by the County in considering a request to transfer or assign a telecommunications license or franchise. 7.23.6: Any transfer or assignment of a telecommunications grant, part of a system without prior approval of the County rudder 34 ! 2 3 4 6 ? 9 I0 12 13 14 16 17 19 20 21 22 23 24 22 26 27 28 29 30 32 33 34 35 36 3? 38 4O 41 42 43 purnm~t to a liceme or franchise agreement dufll be void ~nd is cause for revocation of the grant. Section 7.24: Transaction{ Affecting Control of Gnmt: Any tratm~tion~ wMch dngularly or collectively re, suit in a change of ten percent (10,4) or more of the ownersMp or working control of the Grantee, of the ownership or working control of a telecommunications l/cerise or francMse, of the ownerslfip or working conirol of affiliated entries having ownerslgp or working control of the Grantee or of a telecommmficalion{ system, or of control of the capacity or bandwidth of grantee's telecommunlcalion system, facilities or substantial parts thereof, shall be considered an ~ssignment or transfer requiring County approv,a pursuant to Section 7.23 her,-in. Transactions between affiliated entities sre not exempt frtnn such County approval. Section 7.25: Revocation or Termination of Grant: A license or franchise granted by the County to use or occupy public ways of the County may be revoked for the following r~asons: 7.25.1: Comtruction or operation in the County or in the public ways of the County without a license or franchise grant ofanthorization for same. 7.25.2: Construction or operation at an unauthorized location. 7.25.3: Unauthorized substantial transfer of control ofthe Grantee. 7.25.4: Unauthorized assignment of a license or franchise. 7.25.5: Unauthorized sale, assignment or transfer of grantee's franchise or license assets, or a substantial interest therein. 7.25.6: Misrepresentation or lack of ,'~ndor by or on behalf of a Grantee in any application to the County. 7.25.7: Abandonment of telecommunications facilities in the public ways. 7.25.8: Failure to relocate or remove facilities as required in this Chapter. 7.25.9: Failure to pay taxes, compensation, fees or costs when and as due the County. 7.25.10: Insolvency or bankruptcy of the Grantee. 7.25.11: Violation of any material provision of this Chapter. 7.25.12: Violation of any material teim of a license or franchise agreement. Section 7.26: Notice and Duty to Cure: In the event that the Franchi~~~.E,:.,s,, ' believes that grounds exist for revocation of a license or franchise, he shall ~,ive t}ie Grantee,~.~ I 1 '"":'; i 2 3 4 6 ? 8 9 10 I! 12 13 14 16 17 18 19 20 21 24 25 26 27 29 31 32 34 38 39 40 41 42 43 written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence to the Franchise Administrator. 7.26.1: That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. 7.26.2: That rebuts each alleged violation and each ~lleged noncompliance. 7.26.3: All reasons why it would be reasonable in the public interest to i ,mlx~e some penalF or sanction less than revocation. Section 7.27: Hearing: In the event that a Gr~tee fails to provide evidence reasonably satisfactory to the Franchise Administrator as provided in Section 7.26 herein, the Franchise Administrator shall refer the apparent violation or non-compliance to the County Admini~halor. The Grantee shall be provided with notice and n reasonable opportunity to be heard by the County Administrator or si:ccifi¢ d~signee of the County Administrator concerning the matter. Section 7.28: Standards for Revocation or Les~ Sanctions: Only the Board of County Commissioner~ can revoke a franchise or a license agreement, which ar~ q-*ti-judicial det~rninations. If upon its review and thereafter the Board of County Commissioners is persuaded that the Grantee has violatcd or failed to comply with maIerial provisions herein, or of material provisions of the respective franchise or license agr~nent, that Board shall decide whether to revoke the license agreement or the franchise, or to e~tblish and impose some lesser sanction(s) and may require cure. The Board should considering the natu~ circumstances, extent and gravity of the violation as reflected by one, several, or all of the following factors, which factors can be weighted according to the specific case: 7.28.1: Whether the misconduct was egregious. 7.28.2: Whether substantial harm has resulted. 7.28.3: Whether the violation was intentional or was avoidable by Grantee by the exercise of due diligence. 7.28.4: Whether there is a history of prior violation(s) of the same or other 7.28.5: Whether there is a history ofgood overall compliance. 7.28.6: Whether the violation was voluntarily disclosed, admitted and/or cured promptly. 36 [';AR 1 1 ..... " I 2 3 4 $ 6 7 9 10 11 12 13 14 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 45 SECTION 8: CONSTRUCTION STANDARDS Section 8.1: General: No person shall commence or continue with the construction, ins'allation or operation of telecommunications facilities within the County except u provided in this Section 8. Section 8.2: ~on Codes: Telecommunications facilitiea shall be constructed, inbreed, operated and ma/ntained in accordance with all then applicable Federal, Sta~ and loc. el codes, rules and regulation~ includin~ to tl~ extent applicable, the N~tional Electric,d Sst'ety Code. Section8.3: Consirucgon Permits: No person telecommunications f~cilities within the County without fu'st obtaining a consmiction permit therefore, provided, however:. 8.3.1: No permit shall be issued for the construction or installation of telecommunications facilities within the County unless the telecommunica~ons can-let ha~ filed a registration statement with the County ptnsuant to Section 2 8.3.2: No permit shall be issued for the construction or installation of telecommunications facilities in the public ways unleas the t~lexxm~,,micatiotm carrier has applied for and r~e,,eived n license or fl'nncMse plmmant to Articles 3, 4 crt 5 herein. 8.3.3: No permit shall be issued for the construction or installation of telecommunications facilities without payment of the construction permit fee established in Section 6.6 herein. Section 8.4: Applications: Applications for pc, mits to construct telecommunications facilities shall be submitted upon forms to be provided by the County and shall be nccompan/ed by drawings, plans and specifications in sufficient detail to demonstrate: 8.4.1: That the facilities will be constructed in accordance with all then applicable codes, roles and regulations. 8.4.2: Thc location and mute of all facilities to be installed on existing utility poles. 8.43: The location and mute of all facilities to be located under the surface of the ground, including the line and ip'Me proposed for the burial at all points along thc mute which are within the public ways. 8.4.4: 37 The location of all existing underground utilities, conduits, ducts, pipes, mains and installatio~ which are within the public ways along the glldgrg~l!n__d__._~,u, te proposed by the applicant. A~._-:.fDA~TE,~,~ ! 2 3 4 6 ? 8 9 ~0 il 12 13 14 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 8.4.5: The location of all other facilities to be con~aucted within the County, but not within the public ways. 8.4.6: The construction methods to be employed for protection of existing gructures, fixtures, and facilities within or adjacent to the public way~. 8.4.7: The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or ar~aa to be disturbed during construction. Section 8.5: Engineer's Certification: All p~mit applications dudl be accompmied by thc certification of a registered professional engineer that the drawings, plans and q~cifications submitted with the application comply with applicable technical codes, rules and regulations. Section 8.6: Traffic Control Plan: All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstratLng the protective measures and devices that will be employed, consistent with Florida Department of Transportation rules and regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vchicular traffic. Section 8.7: Issuance of Permit: Within forty-five (45) days after submission of all plans and documents required of the applicant and payment of the perm/t fees required by this Chapter, the Building Official, if satisfied that the applications, plans and document comply with all requirements herein, shall issue a permit author/zing construct/on of the facilities, ~ubject to such further conditions, restrictions or regulations affecting the time, place and manner of perform/ng the work a~ he may deem necessary or appropr/ate. Section 8.8: Construction Schedule: The permittee shall submit a written consm~ction schedule to the Franchise Administrator ten (10) working days before commencing any work in or about the public ways. The permittee shall further notify the Franchise Administrator not less than two (2) working days in advance of any excavation or work in the public ways. Section 8.9: Compliance with Perm/t: All construction practices and activ/ties ~hall be in accordance with the permit and approved final plans and specifications for the facilities. The Building Official and his representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with ~uch requirements. Section 8.10: Display of Permit: The permittce shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the Building Official or his representatives at all times when construction work is occurring. I%..", i I 'i,'.,? 38 1 2 3 4 6 7 9 10 Il 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 35 37 38 39 40 41 42 45 Section 8.11: Survey of Underground F~ilities: If'the construction permit specifies the location of fsci.l, ities by depth, line, grade, proximity to other facilities or other standa~ the permittee shall cause the location of such facilities to be verified by a register~ Florida land surveyor. Unless permitted to remain by the County Building Officisl or other designee of the County Administrator, the permittee shall relocate any facilities which ~r~ not located in compliance with permit req~ents. Section 8.12: Non-complying Work: Upon order of the Building Official, nll work which does not comply with the permit, the spproved plans and specifications for the work, or the roquirements herein, shall be r,..~moved. Section 8.13: Completion of Construction: The l:~'mittee shall promptly complete all construction activities so as to minimize disruption of the County ways and other public and private property. All construction work authorized by a permit within County ways, including restonttion, must be completed within one hundred twenty (120) days ofthe date of issuance. SectionS. 14: As-Built Drawings: Within sixty (60) days ~er completion of construction, the permittee shall furnish the County with two (2) complete sets of plans, drawn to scale and certified by the County as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. As-built documents shall be provided in both hard copy paper and electronic (data file) formats. The electronic version must be based upon FL State Plane Coordinates NAD 1983. The Grantee shall provide Gr~hic Data System (GDS) electronic data files, intermediate DXF files will be accepted as tm alternative to the GDS data files. Section 8.15: Restoration of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public and provide property improvements, fixtu~res, structures and facilities in the public ways or otherwise damaged dm'lng the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. Section 8.16: Landscape Restoration: All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecomm~tieations facilities, whether such work is done pursuant to a fi'anchise, license, or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways shall be done in accordance with landscape plans approved by the Community Developmental Services Division. Section 8.17: Construction Guarantee: Prior to issuance of a construction permit, the Grantee shall provide a letter of credit, as provided in Section 7.20 herein. Section 8.18: Exceptions: Except to the extent as may otherwise be specified in a license or fi'anchise agreement, all telecommunications carriers ~e subject to__the requh'ements of this Section 8. F'"~,*. '-"---- :'-'--: -: ...~......s L~*_,. ~,, I 2 4 $ 6 7 9 11 12 14 16 17 19 20 22 25 26 28 29 30 31 32 33 34 36 37 38 39 4O 41 42 43 Section 8.19: Responsibility of Owner:. The owner of th~ facilities to be conm~cted and, if different, the liccme or fl-anchise Gnmtee, are responn'ble for performance of and compliance with all applicablo provisions of this Section. SECTION 9: PERIODIC EVALUATION, REVIEW AND MODIFICATION Section 9.1: Modification: The County or Grantee may, at any time after the effective date of the license, or franchi~ commence ~ review to examine ~ whioh either party wishes to make to the resl~,ctive document Section 9.2: Public Hesrin~: The County may conduct public meetin~ or public he. mings to provide the public oppon'unity to comment on the issues which are to be considered at that me~ing or hearing. Section 9.3: Proposed Changes: The party initiating the proce~ will provide the other with s fidl description of the changes it proposes, ns well as the reasoning behind the proposed changes. If the County is the party proposing the changes, the Grantee shsll develop a thorough nnalysis of the impact of such changes upon its operations and/or its customers, taking into consideration the acceptability of such changes pud their cost, if any, to its rates sad Grantee's return on investment. Grantee shall consider all the alternative means for recovering tach costs. Section 9.4: Negotiation: Following receipt and analysis of a proposal, the County and thc Grputee shall negotiate the proposed changes in good faith. Ifthe parties are m~ble to reach agreernen! within ninety (90) days, or whatever longer period may be mutually acceptable, either party may call for mediation of the disalpeement Section 9.5: Mediation: The County pud Gr~tee will indemnify, agree upon and designate a mediator, whose fees will be shared equally by the parties. Section 9.6: Contract Amendment: At the completion of the process stated herein, the County Commission shall amend the license or franchise as necessary to implement the changes agreed upon by the parties. SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any section, subsection, sentence, clause, phrase, or other ponion ofthis Ordinance is, for any reason, declared invalid, in whole or in part, by a court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions herein. -- [';,'-..?, Il 40 PO ..=--~-~ 1 2 3 ,4 6 ./ 8 S) 10 I1 12 13 16 17 15 19 20 21 SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become md be n~e · pert of the code of laws sad olxlh~ces of Collier County, Florida. Sections of this ordinance may b~ renumbered or reinSUred to accomplish such, and the word '~h'din~ce' rosy b~ clumged to "~ction," "articlo,' or ~y other N~propriate word. 2.3 24 25 26 27 28 29 3O 31 SECTION FOUR: REPEAL OF ORDINANCE NO. 88-90, AS AMENDED. Collier County Ordinance No. 88-90 ts tmended by Ordinance No. 94-.12 and nt further amended by Ordinance No. 96-15, is hereby repealed. SECTION FIVE: EFFE~ DATE. This Ord/nance shall become effective at 8:00 A,M. on the 1~)7 after having been filed with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ ~hty of _, 1997. ATTEST: DV, qGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. By: By: Deputy Clerk 32 33 Approved ts to form and 3~ Legal Sufficiency: 28 Thomas C. Pahner 39 Assistant County Attorney 41 h:k,. ~..aneu97~l~icafiom*tcp TIMOTHY L. HANCOCK, CHAIRMAN 41 EXECUTIVE MMARY PETITION AV 96-037 TO VACATE ALL EASEMENTS AND DEDICATIONS FOR PUBLIC ROAD RIGHTS OF WAY, UTR2TIES AND DRAINAGE IN THE WOODLANDS DRI/PUD LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, I=I.OR~A. ]~.~c.~2]~.,: To approve a Resolution vacating all public road fights of way and utilities and drainage easements and dedicationa to allow the petitioner to reconfigure the public and/or private roadways and utilities and drainage easementa on future plata. CONSIDERATIONS: A petition was received by the Transportation Departmem from Young, van Assenderp and Vamadoe, P.A. as agents of owners, Immokalee Road Partnership requesflnE vacation of 30 segments of road rights of way and utilitie~ and drainage ~ and dedic&Iions located in Section 21, Township 48 South, Range 26 East. The righta of way and utilRies and drainage easements and dedications were granted by ~eparate in.Rnunents and individual owners w Collier County. The property has been consolidated as The Woodlaad~ DRI/PUD and is located e. ast of Longshore Lake on Immokalee Road. The petitioner ts desirous to vacate the fragmented segments of roads and utilities and drainage easements and dedicatioas and provide r~plaeement easements consistent with the approved PUD when the property is subdivided. There has been no clearing, grading or paving of the roads. L~tters of no objection have been received from all authori~d user agencies. The Transportation Staff has reviewed the petition and has no objections. Zoning is PUD. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition AV 96-037 to vacate the road rights of way and utilities and drainage easements and dedications and authorize the execution by its Chairrmm and direct the Clerk to advertise the adoption of the Resolution within 30 days and record the Resolution, proof of publication of the Notice of Public Hearing and proof of publication of the Notice of Adoption in the Public Records and thereafter record a certified copy of the Resolution in the Public Records. PREPARED BY: C ~r~---~,~. e './~'~ ~'~~ DATE,~-/o-~7 Ru~II _D.Muller, Ldngi~eer I REVIEWED BY: 2*~oodhnd~x.sum David F. Bobanick ~/)rim Director of Transportation Ra~mond W. Miller, P.E. Acting Public Works Administrator 11997 RESOLUTION NO. 9'I 4 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 26 27 28 29 30 3! 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION FOR PETITION AV 96-037 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY, UTILITIES AND DRAINAGE EASEMENTS AND DEDICATIONS IN THE WOODLANDS DRI/PUD, LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Young, van Assenderp and Vamadoe, P.A. as agents for petitioners, Immokalee Road Partnership, do hereby request the vacation o~' all public road rights of way and utilities, drainage easements and dedications located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, tnd more fully described below; and WHEREAS, the Board has this day held a public hearing to consider vacating said road rights of way, utilities and drainage easements and dedications as more fully described below, nnd notice of said public hearing to vacate was given as requir~ by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of convenient access of other property owners. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that public rights of ingress/egress, utilities and drainage easements and dedications in the following are hereby vacated: See Exhibit "A" attached and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to advertise the adoption of this Resolution once in a paper of general circulation in the County within 30 days following adoption. BE IT FURTHER RESOLVED, that the clerk is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption of this Resolution in the Public Records of Collier County, Florida, and to make proper notations of this vacation. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Timothy L. Hancock, Chairman Approved as to form and legal sufficiency H~idi F. Ashton Assistant Collier County Attorney AGF..~ O/, %.." F. ~ MAR 1 1 1997 TH~ WOODLANDS PUD/DRI-EASEMENT8 TO BE VACATED TOWNSHIP 48 SOUTH, RANGE 26 EAST, SECTION 21 COLLIER COUNTY, FLORIDA OR 173/56 186/704 186/704 181/740 181/740 182/844 182/844 182/844 182/844 182/844 186/307 206/185 209/61 209/61 293/939 388/853 388/855 388/857 395/313 395/315 LEGAL DESCRIPTION E 30' OF E 1/2 OF SE 1/4 OF SE 1/4 N 30' OF W 1/2 OF NW 1/4 OF NW 1/4 W 30' OF W 1/2 OF NW 1/4 OF NW 1/4 E 30' OF E 1/2 OF SE 1/4 OF NE 1/4 S 30' OF E 1/2 OF SE 1/4 OF NE 1/4 N 30' OF NW 1/4 OF SE 1/4 W 30' OF NW 1/4 OF SE 1/4 N 30' OF NE 1/4 OF SW 1/4 E 30' OF NE 1/4 OF SW 1/4 N 30' OF E 1/2 OF NW 1/4 OF SW 1/4 3o, OF W 1/2 OF NE 2/4 OF NW 1/4 N 30' OF E 1/2 OF NW 1/4 OF NW 1/4 N 30' OF W 1/2 OF NW 1/4 OF SW 1/4 W 30' OF W 1/2 OF NW 1/4 OF SW 1/4 S 30' OF E 1/2 OF SE 1/2 OF NW 1/4 w 30' oF NW 1/4 OF NE 1/4 E 30' OF E 1/2 OF NE 1/4 OF NW 1/4 W 30' OF SW 1/4 OF NE 1/4 S 30' OF NW 1/4 OF NE 1/4 N 30' OF SW 1/40FNE 1/4 TYPE OF INTEREST Reservation of Easement for Public Ri hr-of-wa # # # Declaration of Easement for public right-of-way # # EXHIBIT A - Page I of 2 OR LEGAL DESCRIPTION TYPE OF INTEREST SK/~ 405/674 N 30' OF NW 1/4 OF S~. 1/4 OF NE 1/4 Dedication to Collier County for right-of-way, utilities and drainase 435/744 N 30' OF E 1/2 OF SE !/4 OF NE 1/4 484/526 W 30' OF SW 1/4 OF NE 1/4 484/527 w ~0, oF NW 1/4 OF NE 1/4 484/528 E 30' OF S 1/2 OF E 1/2 OF NE 1/4 OF NW ~/4 484/529 E 30' OF N 1/2 OF NE 1/4 OF NE 1/4 oF NW ~/4 484/530 E 30' OF $ 1/2 OF NE 1/4 OF NE 1/4 OF ~ 1/4 484/532 E 30' OF SE 1/4 OF NW 1/4 . 484/531 W 30' OF NW 1/4 OF SE 1/4 540/676 E 30' OF NE 1/4 OF SW 1/4 EXHIBIT A Page 2 of 2 MAE I 1 ROAD RIGHTS-OF-WAYS Date Receiveds Petition #~AV- Petitioner, Immokalee Road Partnership Address~ 1100 Fifth Avenue South, Suite 201 Telephone~ (941)649-5445 City/State, Naples, Florida Zip Code~ 34102 A~entt Young, van Assenderp & Varnadoe, P.A. A~ess~ 801 Laurel Oak Drive, Suite 200 Telephone~ Clty/State~ Naples, Florida Zip Code~ (941)597-2814 34108 Road Name, Please refer to attached Exhibit Location~ Section 21 Township 48 South Range 26 East Legal Descriptions Please refer to attached Exhibit "A" Reason for Requests To eliminate old easements for right of way, utilities and drainage which conflict with approved PUD Master Plan/ Current Zonin~sThe Woodlands PUD Does ~his ~ffe~t densAty? No I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X No Signature of Petitioner Date PLEASE REFER TO ATTACHED EXHIBIT "B" Please see "Policy and Procedure of Vacation and Annulment. for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 34112 Telephone: (941) 774-8494 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. 2'WOODLARD\~T~TI OW. ~ MAR ! ! 1997 STATEHENT EXPLAININ~THE GENERAL P~BLIC BENEFIT RECEIFED FROM THB pROPOSED VACATION There are two (2) principle benefits to the general public resulting from the proposed vacation. The primary benefit to the general public will be increased =axes from the vacated areas which will go back on the tax rolls, as well as increased =axes from the development o~ the Woodlands project in accord with =he approved PUD Master Plan. This relates to the second prong in the public benefit which is that these old easements which are sought to be vacated confllc= with =he County Commission approved PUD Master Plan for this project and these vacations are necessary for the proper development of =he Woodlands project as approved by the County Commission. The easements sought to be vacated conflict with the roads, utilities and drainage plans tha~ have heretofore been approved for the Woodland£ project. 2'woodland\bene f l=. lan EXHIBIT 1997 I I I I I I I I 1997 lffi~il II '~ I I ! I % HAR I 1 1~ JOINT CONSENT AND APPOINTMENT OF A~ENTB ~~Joint Consent and Appointment of Agents is made this J day of August, 1996, by RIBEK COMPANY, ROBAL (~MOKALEE ROAD) PARTNERSHIP, a Florida general partnership and GREG CABINESS, which together comprise the Immokalee Road Partnership (hereinafter referred to as "the Owner/Applicant.) WI TNI B SETH WHEREAS, the Owner/Applicant is the Owner of a certain parcel of land (the "Subject Property.) consisting of 500 ~ acres located in Collier County, Florida, which ks legally described on Exhibit "A", attached hereto; and WB~REA~, the Owner/Applicant has a Development Order, 86-1, issued by Collier County for the Subject Property approving the Woodlands Development of Regional Impact (DRI), 'as amended by Resolutions 87-96, 87-207 and 94-774 issued by Collier County; and WHEREAS, the Owner/Applicant has obtained zoning and approval of the Subject Property by Collier County as a Planned Unit Development (PUD), known as the Woodlands PUD; and WHEREAS, the Owner/Applicant has obtained environmental permits for the Subject Property that will require changes to the existing DRI and PUD plans and the Applicant has decided to request Collier County to make changes to the Woodlands DRI and Woodlands PUD; and WHEREAS, the Owner/Applicant has selected an agent to represent them in preparing applications to be filed with Collier County and appropriate state, regional and local agencies as necessary to obtain approval of the proposed changes to the Woodlands DRI and PUD, and to represent them in all legal and other matters reasonably related to obtaining approval of the revisions to the Woodlands DRI and PuD and any other approvals related to the Subject Property from the appropriate regulatory and permitting agencies; NOW, THEREFORE, the Owner/Applicant in order to authorize and direct .their agent and representative to act on their behalf to apply for and obtain approvals of proposed changes to the Woodlands DRI and the Woodlands PUD, Jointly consent to the following: APPOINTMENT OF AGENT: 1. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agents/representative ("Agent") of the Owner/Applicant, IMMOKALEE ROAD PARTNERSHIP, with full authority to act on their behalf to perform all legal services relating to, and to supervise the preparation, submission and approval of applications for, proposed changes to the Woodlands DRI and the Woodlands PUD on the subject Property, as may be required pursuant to Chapter 380, Florida Statutes (1996) and the Land Development Code and applicable ordinances of Collier County. 2. The Agent is authorized to represent the Owner/Applicant and to act as Agent for the Owner/Applicant before any and all governmental entities, including any agencies of the State of Florida, Collier County and Federal government that may be appropriate and reasonably related to obtaining approval of revisions or change to the Woodlands DRI Develogment Order, Master Plan PUD zoning applicable to the Subject Property. These agencies or entities include, but not limited to, tho following~ a) Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County; b) The Southwest Florida Regional Planning Council; c) The Florida Department of Community. Affairs; d) The Florida Department of Environmental; Protection; e) The Florida Department of Transportation; f) The Florida Game and Fresh Water Fish Commission; g) The Florida Secretary of State and all cabinet level officers and agencies; h) i) j) The Florida Land and Water Adjudicatory Commission; The South Florida Water Management District; and The US Army Corp of Engineers. AS EVIDENCE OF THEIR JOINT CONSENT TO AN APPOINTMENT OF THE AGENT NAMED ABOVE, THE OWNER/APPLICANT HAS SIGNED BELOW. Owner/Applicant: IMMOKALEE ROAD PARTNERSHIP RIBEK COMPANY Its: etary Ribek Corporation, General Partner of Ribek Company -2- HAR I 1 1997 ROBAL (IMMOKALER ROAD) PARTNERSHIP By~ (MCALPlNR (IMMOKA!,~R ROAD), INC. & Florida corporation Its: president GREG CABINESS Enclosures (1) lOlOllS~ 49192.00S -3- PIAR ! ! 1993~ _ ~-// . ! I I I I I I Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, E M - SW ~ - NW ~ W M - SE ~ - NW ~, W M - SE M - SE ~, W M - W ~- SW M- SE ~, SE H- SW~- E M - W M - SW ~- SW ~, E M- SW M - SW M. All of the foregoing subject to any limitations, dedica~ions, reservations, restric=ions or easements of record. Property contains ** 500.11 acres Ze~O:~3JL 4J~.93. 004 -4- I'tAR 1 1 19:9 ~. /~. COUmR GOVE NT DEC I ! 1996 pUBLIC WORKS DIVISION December 6, 1996 Mr. R. Bruce Anderson Young, Van Assender~ & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Post Office Box 7907 Naples, FL 34101-7907 3301 E. TAM1AM1 TRAIl. NAPLES, l~, ~1112 O41) FAX O41) 732-232~5 Re: Woodlands PUD Dear Mr. Anderson: This office has reviewed your request to vacate various easements for the above referenced project. These easements all appear to be north of the north right-of-way line of Immokalee Road within. Section 21, Township 48 South, Range 26 East. The Collier County Water-Sewer District has no facilities north of t right-of-way line of Immokalee Road within Section 21, Township 48 South, Range 26 East, and therefore, have no objection to the vacati of any easements within Section 21, Township 48 South, Range 26 Eas~ Should you have any further questions, please feel free to contact m Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Russ Muller, Transportation Services John Houldsworth, Engineering Review Services 1997 NAI~, Fl. ~4104 Young, Ya~ Amsmdsrp & Varnsdoe, P.A. Post Onl~ Box '/90'/ ]~Im, FL, ~4101-'/907 RE: ~ for ~ of No OtdecUon ~o Eamnmt Yacgtons Woodlmds Plamed Unit Dgv~opment Tlds ofilc~ has revl~vgxl your m{uest for a letter of No Obj~lon to ~ ~m o~ ~ ~ U~y, ~ ~f.W~ ~~ ~ ~ of~ W~ ~ ~ ~ ~ ~~t ~ ~ plat~ ~ ~ ~ of~~t of~ W~. ]fl ml~ of any £~ afaista, nce m you In ~his rc~ pleaso lc{ me Imow. Om}ge ~ 'lYanspor~n Administrator Jolm Boldt, $~nw~' M~ Dh'~tor ~ R,m M~er, ~on Project M~,rm{~r P~mmt4t' F~x No~ C OILIER COUNTY GOVERNMENT DEC -6 ~$ ~OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION fred Permicdng (941) 643-8400 (941)649-8440 O~ lm~t 041) ~3~ ~41) 732-2~0~ 2800 N. HORSESHOE DRIVE NAIVES. FL ~4104 A c~m~D ~om~~ PLANNING SERVICES DEPARTM~. NT Decemb~ 3, 1996 Mr. 1L Bruce Anderson Young, Van Asscnderp & Vamadoc, P.A. 801 laurel Oak Drive, Suite 300 Naples, Florida 34101 RE: 'Let~ of No Objection to Easem~t Vacations For Property in the Woodlands PUD' Dear Mr. Anderson: This will acknowledge receipt of your communication dated November 22, 1996 asking for a Lcttcr of No Objection to thc abandonment ofcenain easements in the Woodland PUD. 'ibis is to advisc tha~ this office docs not object to thc abandonment of thc casement described in your attachment Exhibit A. We are confidant that the Woodlands PUD development regulations and the Mas~er Plan ,~tely respond to the need for utility or other infiastru~ right-of-way requirement. ~,bn Nino, AICP Chief Planner JUq/gdh/Y: i 2.3 E~cmemV~.~ionAndgrson HAR I 1 1997 ,~ i.~' -4 1996 ~J~rBLIC ~WORKS DIVISION Nov~aber 27, 1996 3301 E. TAIv[~ TRAIL NAPLES, Fi. 54112 (941) 732-2575 F,,'~((941) 752-252d IL Bru~ Anderson Young, van Assend~ & Varnadoe, P.A. SunTrust Buildln! 801 laurel Oak Drive, Suite 300 Naples, FL 34101-7907 Letter of No Objection Vacation of ~ents Woodlands PUD Sec 21, T4~ S, R26E Dear Mr. Anderson: I have no objection to ~hc vacation of easements described in your Exhibit A wRh the exception of the Cocohatchee Canal casement re~.ordcd in OR 43 - Page 25 I. I fail to aec the logic in vacating the 100 fL canal e.~cment and replacing it with a plat dedication. I would prier to hold to whatever fights the County currently has that have been assigned to the South Florida Wa~r Management District. If you feel the canal vacation process needs to be followed, please provide me with S.F.W.M.D. approval to do same. If you have any questions concerning this matter, please call me at 732-2501. Very truly yours, Jo H~. Boldt, P.E., P.S.M. Stormwater Management Director JHB/mts cc: Thomas E. Conrecode, P.E., Public Works Administrator Russ Muller, Transportation DepaCanent Doc: 5HB-006 Dec~ber 4, 1996 Mr.. R. Brace Anderson Young, Van Assender~ & Varnadoe, P.A. Attorneys at Law Suntrust Building 801 Laurel Oak Dr. Suite 300 Post Office Box 7907 Naples, FL 34101-7907 Re: Easement Vacation for the Woodlands Planned Unit Development Dear Mr. Anderson; In reply to your recent request, FPL has no objection to the vacation of the easements as shown on your Exhibit "A", attached. FPL will however, at some point in time, be building a Feeder line up the East and West property lines in order to serve this development. Should you have any questions or concerns regarding this matter, please contact me at (941) 947-7379. Bill Foley ~ Dis tribution ~ i~ner Bonita Springs O~erations/FPL os FPL Group COml)Uny MAR ] 1 1997 OR 186/7o4 186/704 181/740 181/740 182/844 182/844 182/844 182/844 186/307 206/185 209/61 209/61 /853 388/855 388/857 3)5/313 /31s TaE WOODLanDS pUD/DaZ-ZaS~S TOWNSHIP 48 ~OU~H, RANGE 26 EAST, ~ECTION 21 LEGAL DESCRIPTION South 100' E 30' OF E 1/2 OF SE 1/4 OF SE 1/4 N 30' OF W 1/2 OF NW 1/4 OF NW 1/4 30' OF W 1/2 OF NW 1/4 OF NW 1/4 E 30' OF E 1/2 OF SE 1/40FNE 1/4 S 30' OF E 1/2 OF SE 1/4 OF NE 1/4 N 30' OF NW 1/4 OF SE 1/4 W 30' OF NW 1/4 OF SE 1/4 N 30' OF NE 1/4 OF SW 1/4 E 30' OF NE 1/4 OF SW 1/4 N 30' OF E 1/2 OF NW 1/4 OF SW 1/~_!___ 30' OF W 1/2 OFFS 1/4 OF h~ 1/4._!.__ N 30' OF E 1/2 OF NW 1/4 OF NW 1/~_..!___ N 30' OF W 1/2 OF NW 1/4 OF SW 1/4._.L._ W 30' OF W 1/2 OF NW 1/4 OF SW 1/4 s 30' O'F E 1/2 oF SE 1/20FNW 1/~._!.__ 30' OF ~,-W 1/4 OF NE 1/4 E 30 OF E 1/2 OF NE ~/4 OF NW 1/4 ' ~ W 30' OF SW 1/4 OF NE 1/4 ______ 30' OF NW 1/4 OF NE 1/4 _.____ 30' OF SW 1/4 OF NE 1/4 TYPE OF INTEREST Quit-ClaimDeed for canal Reservation of Easement for Public # # # Declaration of Easement for public right-of-way # EXHIBIT A - Page '1 of 2 MAR i 1 1993 OR LEGAL DESCRIPTION TYPE OF INTEREST SK/pG , 405/674 N 30' OF NW 1/4 OF SE 1/4 OF NE 1/4 Dedication to Collier County for right -of-way, utilities and drainase 435/744 N 30' OF E 1/2 OF SE 1/4 OF NE 1/4 484/s=6 w 30' oF sw 1/4 oF NE 1,/4 484/527 W 30' OF NW 1/4 OF NE 1/4 484/528 E 30' OF S 1/2 OF E 1/2 OF NE 1/4 OF ~ x/4 484/529 E 30' OF N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 484/530 E 30' OF S 1/2 OF NE 1/4 OF NE' 1/4 OF m~ ~/4 484/532 E 30' OF SE 1/4 OF NW 1/4 484/531 W 30' OF ~"fl 1/4 OF SE 1/4 540/676 E 30' OF NE 1/4 OF SW 1/4 EXHIBIT A Page 2 of 2 DEC 1= 1995 Mr. R. l~mce ~ Youn&, van Ammde~ & Vs~nador, P.A. Attorney1 At Law 801 ]Laurel Oak Drlvl, ~uite 3O0 Post ~ Box ![33 Tnlla~.uee, lrlot~llt 32302-11133 RE: Request for Letter of No ObJection to Easement Vacations, Township 41 Soutl~ Range 26 East, Section 31, Collier County, Flotids~ the Woodlands Planned Unit Development Per yom' letter dated November 22, 1996, United Telephone of Florida dba Spttnt, has no objection to the vacation of easements as described in Attacltment "A". Should you have any questions or problems, feel ~ee to call at anytime. Sincerely, Catherine Ann Colford OSP Engineer HAR I 1 199 THE WOODLANDB PUD/DRI-EA~EHENTS TOWNSHIP 48 SOUTH, RANGE 26 EAST, SECTION 21 OR LEGAL DESCRIPTION TYPE OF INTEREST BK/P¢ 43/251 South 100' Quit-Claim Deed for canal 173/56 E 30' OF E 1/2 OF SE 1/4 OF SE 1/4 Reservation of Easement for Public Ri~ht-of-wa¥ 186/704 N 30' OF W 1/2 OF NW 1/4 OF NW 1/4 . 186/704 W 30' OF W 1/2 OF NW 1/4 OF NW 1/4 181/740 E 30' OF E 1/2 OF SE 1/4 OF NE 1/4 181/740 S 30' OF E 1/2 OF SE 1/4 OF NE 1/4 182/844 N 30, OF NW 1/4 OF SE 1/4 . 182/844 W 30' OF NW 1/4 OF SE 1/4 . 182/844 N 30' OF NE 1/4 OF SW 1/4 182/844 E 30' OF NE 1/4 OF SW 1/4 182/844 N 30, oF E 1/2 OF NW 1/4 OF SW 1/4 . 186/307 N 30' OF W 1/2 OF NE 1/4 OF NW 1/4 . 206/185 N 30' OF E 1/20FNW 1/4 OF NW 1/4 209/61 N 30' OF W 1/2 OF NW 1/4 OF SW 1/4 209/61 W 30, OF W 1/2 OF NW 1/4 OF SW 1/4 . 293/939 S 30' OF E 1/2 OF SE 1/2 OF NW 1/4 388/853 W 30' OF NW 1/4 OF NE 1/4 Declaration of Easement for public right-of-way 388/855 E 30' OF E 1/2 OF NE 1/4 OF NW 1/4 388/857 W 30' OF SW 1/4 OF NE 1/4 . 395/313 S 30' OF NW 1/4 OF NE 1/4 395/315 N 30' OF SW 1/4 OF NE 1/4 EXHIBIT A - Page I of 2 MAR 1 1 1997 405/67~ N 30' OF ~ 1/4 OF SE 1/4 OF ~ 1/4 ~dication Collier Cowry for right-of-way, utilities ~d ~ainage . 484/528 E 30' OF S 1/2 OF E 1/2 CF ~ 1/4 OF 484/529 E 30' OF N 1/2 OF ~ 1/4 OF ~ 1/4 484/530 E 30' OF S 1/2 OF ~ 1/4 OF ~ 1/4 484/531 W 30' OF ~ 1/4 OF SE 1/4 540/676 E 30' OF ~ 1/4 OF SW 1/4 EXHIBIT A - Page 2 of 2 lIAR I I 1997 1996 QContinent Cablevlsi= P.O. Io~ 413011 · 301Toq,m. ~ Napl~ FL. 33941.3011 November 26, 1996 R. Bruce Anderson Young, van Assenderp & Varnadoe, P.A. Po~t Office Box 7907 Naples, FL 34101-7907 RE: Proposed Vacation of Easements The Woodlands Planned Unit Development Section 21, Township 48 South, Range 28 East, Collier County, Florida Dear Mr. Anderson: Continental Cablevision of Southwest Florida has no objection with the proposed vacation of Individually recorded easements for public right of way, utilities and drainage Jocated at the above referenced property. If I can be of any additional assistance to you regarding this matter, please do not hesitate to contact me. Sincerely, Nestor M. Martin Director of Engineering and Constructlon NMM/jdr H R11 1997 en on un,er .... -,t ,.....:,,_y (~,~ ~omp~ex B~. - j DEC 2 3 996 aau~ Jamlaml Troll, East, N~les, FL 33982 Yom:& V~m ~~ & V~u-~doe, AttomeTz st ].aw 801 ].4m'~ O~ D~e ,~zdte 300 Po~t Offic~ Box ?~07 N~l~, Floflih 34101-?90? December I 0, 1~)6 RE: VACATION OF EASEMENTS: TOWNSH~ 48 SOUTH, KANGE 2t EAST, SECTION 31, CO'LI,~ COUNTY, FLORIDA, WOODLANDS PIANNED UNIT DEVELO~ Dear Mr. An/er~on: So long as ~e vacation, elt~er now or h the ~ut'm'e, does not' h · · these services, the Collier t'.,~,.,~,, e~.--.~,_ ~ . .trap ge on our abJli~ fo deliver request. ----=v o~ s ~mc~ /~s "No ffoj'~on, to the grant:tag ofyo~ l~the agency can be of any further ~rvice, please acMse. DH:GY:j~tm cc: F'ge - Anderson. It WE SUPPORT WE SPONSOR ~ty, Florida THE FLORIDA SHERIFFS YOUTH A home for needy sad worlhy boys and girl& COLLIER COLLIER RANCHES COUNTY COUNTy EXPLORER Posf ~4 ! 1997 December 5, 1996 Young, Van Assenderp & Varnado, P.A~ Affomeys at Law SunTrust Building 801 Laurel Oak Dr., Suite #300 Naples, FL 34101-7907 ATTN: Bruce Anderson REF: Easement Vacations, TS. 48S, R. 26E, Sec. 31, Collier County, FL The Woodlands Planned Unit Development Dear Bruce, The North Naples Fire Control and Rescue District has reviewed the request for the easement vacation and we have no objections and will give our approval. If you have any questions, please feel free to call this office. Sincerely, NORTH NAPLES FIRE DEPARTMENT Karl K. Reynolds, re Marshal Fire Prevention Bureau KKR:sc MAR 1 I 1997 pr~parsd by and r~tnrn to: D~vid L. Cook, Esq. Young, van Assen~rp & Varmdoe 300, Lsm~i Oak Drive Nsples, FL 3410g NOTICE OF TERMINATION OF EASEMENT This Notice of T~iration of Easeme~ is executed ss of the ~,3~.. d~y of ~~:~:~.~., 19..~c, by IMMOKALEE ROAD PARTNERSHIP, st Florida general ~hip (hereinafter "P~zmership"). A. Partnership is the owner of the following descn'bed property located in Collier County, Florida: Thc West 1/2 of the West 1/2 of tt~ Southeast 1/4 of tt~ Southeast 1/4 of ~ S~ 1/4 of S~fion 21, To~Mp 48 Sou~, ~ge 26 ~, Colli~ Co~, ~oH~, ex~g ~e~from ~e Sou~ 1~ f~t ~of previo~ly ~ for ~ghway ~ ~ fi~t~f-way. haeinafter referrr. A to a~ the "Benefitted Property". B. An easement ("Easement") was previously granted to Robert DeWitt ~md Ruth DeWitt, as predec~sor owners of the Benefitted Property, in a Warranty Deed dated March 9, 1970 and recorded in Official Records Book ?.S6, page 747, Public Records of Collier County, Florida. C. The Easement was over and across the following described property: The South 20 feet of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4; and the East 10 feet of the West I/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4; and the West 10 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4, all in Section 21, Township 48 South, Range 26 East, Collier County, Florida, hereinafter called the "Burdened Property". D. Since Partnership has now become the owner of both the Benefitted and Bttrdennd Properties, the dominant and servient estates have now merged, so there is n[ 1~~ purpose for the Easement. [ 8AR 1 1 [ ._. NOW, THEREFORE, for flz reuom ss rated in the ~bove-referenced reckah, P~am, g~p hereby ~ s~l forever sbandons the Easement over the Burdened th-openy, so that the Burdened Property is no Iong~' subject to the ~ent. Name) IMMOKAIJ~ ROAD PARTNERSHIP, · Florida By: ROBAL (IMMOKALEE ROAD) PARTNERSHIP, · Florid~ Om~g ~, ~ lhrtm' By: McALPINE ~O~ ROAD), INC., (Corpon~ ,S~ 1100 Fifth Avenue South, SuiIe 201 Nsples, Florkh B4102 STATE OF FLORIDA, COUNTY OF COLLII~ Tbe foregoing insmtmc~ wis acknowledged ~'fote me this _~'_ day of of McAlpi~e (lmrnokalee Ro~) corporafiog, on behalf of the corporation as General Pamm' of Robal (lmmokalee Road) P'atlller~, a Florida gelleTal ~, ~ Pruner of !mmokalee Road ~, ~ Florida general pannership, who is t~-r~onallv known ._W me_or, produced as identification. (SEAL) (OFRCtAL SEAU' · TADEANE M. BROOKS My Commission Expires. April 4, 1997 · comm. ~o, Notary Public (Signa.mre) Printed Name: My commission expires: -2- HAR I 1 1997 ~ ~ee ~d ~~lp, a Fl~lda general ~P. ~osa a~l la Il00 Fif~ Ave~e S~, ~i~e 310, Napl~. ~l~i~ ~3940 (here~af~ ~f~ed ~o al ~p~lhip') ~ Wal~ ~. ~~a and ~ia ~. ~ta~era, ~o~e ad.ess le 218 Bobolink Way, Naplee, Florida 33942 (he~eine£tar referred to aJ -~utechera"). ~ZRZ~, Partnership ii the ov~er o£ the rail propert~ ccmprieingthe Woodlands Develolmemt of ~eqional X~a~and PI~ ~i~ ~elo~ent (hereinafter rlte~e~ ~o al ~e ~lch real ~e~y Il legally deified all ~e~i~ 21, T~ship . ~lorl~a, lea~ ~e foll~xng parcelit X. ~e Welt X/2 o~ ~e S~ea~ 1/4 of ~e ~weit X/4. Sou~wll~ ~/4. ~. ~i S~ial~ ~/4 ot ~l S~Vil~ ~/4. ~, Xu~schara i~ ~e ~ar o~ ~eal p~ope~M which s~ded on f~ sides ~ ~e Xo~landl but ti not ~cluded the ~o~lands, ~ich Kuts~era reel prope~2 is legally descend as and herein refaced ~o as ~e .~tschera ~l Ealt 1/2 of ~e J~Vllt 1/4 of ~e No.vest 1/4 Of ii.ion 21, T~lhip 41 ~ou~, Ra~ql 26 Collier C~t2, Florida, c~rilinq 40 acrel, more or ~ect to easementl, res~l~ionl and rele~ationi of record~ MAR 1 1 ~'~, ~, vildlin the #oodla~de ~here ere certain pri~ate · as~ ~ ~11c ~as~snts ~d o~r dedicatlo~s to ~n ~llc a to ~lllar C~ty for ~ ~onss of, Including ~t necess~ily l~ted to rights-of-way, in.ess and n~ess utilities ~1~ luts~era ~y cl~l~ I right, ~ltle or lnter~st a~ Pan.ship's davel~ent plus for ~e ~landst ~d ~tter eas~en~ ~sr s po~l~ of P~nerehip's ~eal prissy for ~e~y ~ co~ldsratton of ~utechera waiving, rano~clnq, releasing and dlsclaininq any and all right, title and interest in dedications to ~e ~lic and to Collier C~nty of whatsoever lind located u~n, ~ar, under or t~qh any pa~ o~ S~ctton T~shtp 4S Sou~, ~n~e 26 East, Colli{r County, Florida, Xutschera consentin~ to ~e vacation, abando~ent, e~tn~ls~ent, discontinuance, and closes of all existing private easements, ~blic e~s{m{nts, ~nd c~er dedtcmtlons to the ~llc or to colll~ C~n~y of ~ats~ver lind located upon, over, ~der or ~ouqh pa~ of Se~lon 21, ~mhlp 4{ S~th, Range 2a ~st, Collier County, ~lorida. ~, ~0~, ~e Pa~ership and ~s~era, in consideratl~ of ~e ~tual c~enants herein set fo~h and valuable consid~ration a~ee as ~. ~e a~ve recitals are t~e and co~e~, and are inco~rated ~ reference herein. ~. ~tschera hsr~ waives, renounces, releases and disclaims any and all right, title and interest in all of exts~ing prints easements, p~llc easements and o~er dedications to ~e ~lic ~d to Collier County of whatsoever lind l~ated upon, over, ~d~r or ~rough any pa~ off Section 21, T~ship Sou~, ~nge 2~ ~st, Collier Cowry, ~lorida, and ~tschera here~ ~e vacation, abando~ent, consents to discontinuance, and closure of ell existing private 2 Count~f of ~Aataoever k~nd located upon, afar, ufldar or ~h~ough any ~ of Section 21, Township 48 South, Range 26 East, Collier Co~n~, Florida; l~utachara also vaivaa, releases, renounces and d~ecla~ ar~ clam to a coBnon law or st&tutor~ vay of necessity. 3. Eutschera hereby appoints partnership aa their attorney ~n fac~ for the limited purpose o£ securing and filing applicati.ona, p~titiona or other doc~man~ation with utility ~e~en~ ~ ~ts~era a~ee~ to ~e~te ~ do~ts as ~ay necess~ or co~enian~ ~o effo~uate ~e te~s of ~is A~eenent. ~a ap~An~en~ of ~a~norshlp as aero.eM An fac~ for Eu~schera l~lted to such a~o ~ Pa~nership ~a~ do no~ cause or result in cos~s or asses~ents arising against Kutschera and do not diminish ~e validity and effe~iveness of the ~ant of easement or ~itle to ~utschera'o ~e~2. 4, P~ership here~ ~ants to Kutachera a non-exclusive easflent for ln~es, and e~es. and utilities upon, over, a~oss and ~ough ~e real pr~e~M described in ~e attached ~. ~e easement described in E~ibit "B" may be replaced or relocated ampere wl~in khe real proper~y de~cri~d In ~lbi~ ~C" a~ any ~ime In ~e sole and absolute discretion of Pa~nerahip, and in such even~, Partnership shall record an describing a~d ~antinq to Xutachera ~he replaced and relocated easement which shall aukoma~icall~ cause ~e eaaemenk described tn ~ibi~ 'B' to Me released, te~lnated and e~in~iahcd, such replacemen~ eaeemen~ shall Me ak leaa~ eixkM ~eet ~0') wide amd co~e~ ~e eaaeme~ dea~ibed in ~ibi~ "~" to the Property. ~. ~ia ~e~ent shall mot ~come e~fective amd shall not be recorded ~leaa and unkel all other property ~era having any in~ereaka in any easements In Section 21, To. ship 4S Sou~, ~nqe 26 Eaak, Collier County, Florida, have waived, renounced, released and disclaimed such interests and Collier Count2 has vacated, wived, renounced, released or disclaims amy interests of the publAo lm any such easements. ?. Each party here~ represents ~o ~e n~ ~o o~er persona or em~Aties who hold ~ p~tas' pro~y, legal or e~ltable, the non-~oinder of wh~ could d~lni~h ~e validity and effa~lveneaa Xu~era. ~ld ~ ess~tlal pa~Aes a~ar ~t~en ~a date of ~is A~ee~emt amd ~a ~antAmq and recording eas~amt ~d release of easement, ~he Palm whcem pro~y was affe~ed covenants to se~a such essential pa~lem' ~oimer An ~e ~an~ o~ easemem~ or release of easement, .as applicable. s. ~ls A~eemen~ shall be binding upon the heirs, successors and assize of ~he pa~les. In ~itness ~ereof, the parties have executed this A~eemenk ~e day and year firs~ ~it~an above. aa to the siqnaturea o£ Walter F. Eutaehera and Xaria X. ~utsohara STATE OF CO~ OF W~lter 'F.' ~ cgera' The foregoing GRA~T OF EASEHENT AND EASEmeNT TERHINATION AGREEH~NT was ewor2~ to (or affirmed) and at~bacribed before me on this day of ~ ~ed. printed or stampe~ name · ersonallM ~o~ to me/ Co~lmsion Ho. OR ~o~uced Xdenti~lcatAon ~e of Xdentification ~roduce~ · uf~aleo I~ad ~artnerehip partner of~ Z,~okale~ ~o;= -~_~_ ~__~-j~j~?e ~ee?_~?c.., a general par~c~erlhip. - -- --~vnerlnxp, & . Florlaa general 9~a .r~ Bi,nature Typed, printed or etuped name Personally known to ne ~/ 0 2'ype of ~dentification ProducedR~ .t I4,1A Iq~ HO. 1~2.80 P.L.~. t~3741 ~9'ATE OF FLORIDA MAR ! Ft~-u~ 22, 2~$ ~e£.Dvg. fB-2657 A paroel of Land looa~ed in the ~ort~el~ 1/4 o£ Seo~lon 22, ~e S~ 400.00 ~ee~ ot ~he ~e~ ~/2 o~ ~e 80U~VII~ ~/4 Of ~e ~vest ~/4 of Section 22, T~sh/p 48 Sov~, h~e 26 P.L.I. t374L ' ' HAR 1 ! 1997 ]']MAPro~ect #102.60 Feb° 22, 1995 Ref. Dwg. f~-1659 ~OP~T¥ DEBCR~PTXON A parcel of land located In the Northwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more part.[cularly described as The South 60.00 feet of the Wast 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier county, Florida, less the West 60.00 feet thereof, containin,l 0.828 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings refer to the West line of the Northwest 1/4 of Section Township 48 South, Range 26 East, Collier County, Florida, as being North 01'00~08. West. HOLE, MONTES & ASSOCIATES, ~NC. BY /~"'.~ ~,~ %. - Thomas J. Ga~t _ P.L.S. #3741 STATE OF FLA. ]cx zJ zT - ],ao z MAR 1 I 1997 ~05.',c Ab~ Street / eo,,m S~ ~ 33923 / ~13) 992.0795 i FAX (813~ AaREEMENT This Agreement is entered into as of the . ~0 day of ;VoV. , 19 ?~ , by and between IMMOKALEE ROAD PARTNERSHIP, a Florida general partnership (hereinafter "Partnership.) and ROBERT VOCISANO and ANGELO FAVRETTO, as Co-Trustees under Land Trust Agreement dated May 24, 1995 (hereinafter, collectively, "Trustee"). RECITAL SI Ae Partnership is the owner of the real property comprising the Woodlands Development of Regional Impact and Planned Unit Development which comprises portions of Section 21, Township 48 South, Range 26 East, Collier County, Florida (hereinafter the "Woodlands.) and is currently preparing land development plans to develop a residential project on the Woodlands. Trustee is the owner of Section 16, Township 48 South, Range 26 East, Collier County, Florida, hereinafter called the "Trustee Property". Various public and private easements exist over and across portions of the Woodlands, which easements are identified on attached Exhibit "A" (collectively the "Woodland Easements.). De The Woodland ~asements are currently not improved; that is, the land has not been cleared, graded or paved to make the easements suitable for the purposes for which they were granted· Further, some of the Woodland Easements traverse protected wetland areas and access to all of the Woodland Easements from a public right-of-way is inaccessible because of the Cocohatchee Canal which adjoins the southern boundary of the Woodlands and no bridge exists between Immokalee Road and any of the Woodland Easements. Some of the Woodland Easements were intended to provide access from Immokalee Road (State Road 846) to the Trustee Property. NOW, THEREFORE, the parties agree as follows: Partnership shall take such action as necessary to vacate and abandon all the Woodland Easements, as described in Exhibit "A". Such action may include, but shall not be limited to, filing a petition or petitions to vacate public easements with the Board of County Commissioners of Collier County, Florida, recording a Notice or Notices of Abandonment of Easements in the Public Records of Collier County, Florida and filing a suit or suits as may be necessary to quiet title in the land underlying the easements, free and clear of the easements. The cost of all such action taken described in this Paragraph I shall MAR 1 1 1997 be borne solely by Partnership. Trustee agrees to support any such actions taken to eliminate the Woodland Easements, and hereby appoints Partnership as his attorney in fact for the limited purpose of securing and filing applications, petitions, complaints, or other documentation with Courts, utility providers and public agencies to effectuate the terms of this Agreement, and agrees to Join in or sign any documents necessary to eliminate the Woodland Easements. The easement attached as Exhibit "B" (the "New Easement") shall be executed by Partnership simultaneous with this Agreement and be held in escrow by Young, van Assenderp & Varnadoe, P.A. as Escrow Agent. When all of the Woodland Easements have been terminated, as described in Paragraph i above, the Escrow Agent shall immediately record the SNew Easements. The creation of the New Easement subjecting the land described therein to the New Easement shall be done solely at Partnership's expense. Partnership agrees not to dedicate the New Easement as a public road, unless such dedication is required by Collier County as a condition for receiving a permit or other development approval for the Woodlands. In the event that Trustee ever elects to create an easement for ingress and/or egress over any portion of the West sixty (60) feet of the Trustee Property which connects to the New Easement, Trustee agrees to grant to ParCnership rights of ingress and/or egress over such easement. The Effective Date of this Agreement shall be the date the last party hereto executes this Agreement. Time is of the essence of this Agreement. The rights and obligations hereunder shall be binding upon and inure to the benefit of the parties hereto, or their heirs, successors, administrators, or assigns who become the owner of the Immokalee Property or the Trustee Property, as applicable. The parties hereto acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, the parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party hereto based upon authorship. -2- I MARl1 1997 10. The failure of any party hereto to enforce any provision. of this Agreement shall not be construed to be a waiver of such or of any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach· Neither this Agreement nor a Memorandum thereof may be recorded in any county in the State of Florida. This Agreement, including the Exhibits attached hereto, which are incorporated herein by reference, contains the entire Agreement between the parties and all other representations, negotiations and agreements, written and oral, are superseded by this Agreement and are of no force and effect. This Agreement may be amended and modified only by instrument, in writing, executed by the parties hereto· 11. This Agreement shall be construed by and controlled under the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals. IMMOKALEE ROAD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP By: ROBAL (IMMOKALEE ROAD) PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP GENERAL PARTNER By: MCALPINE ( IMMOKALEE ROAD) , INC. A FLORIDA CORPORATION, ANGELO A~~, - ~-~USTEE -3- HAR 1 I 1997 O TOW~S~rZP 48 BOUTII, RA~GB 26 EAST, GECTZOH 21 ABST BK/PG LEGAL DESCRIPTION TYPE OF INTEREST PAGE # 63-A 43/251 South 100' Quit-Claim Deed for , canal 210 173/56 E 30' OF E 1/2 OF SE 1/4 OF SE 1/4 Reservation of Easement for Public Right-of-way 218 186/704 N 30, OF W 1/2 OF NW 1/4 OF NW 1/4 218 186/704 W 30, OF W 1/2 OF NW 1/4 OF NW 1/4 220 181/740 E 30, OF E 1/2 OF SE 1/4 OF NE 1/4 220 181/740 S 30, OF E 1/2 OF SE 1/4 OF NE 1/4 228 182/844 N 30' OF NW 1/4 OF SE 1/4 228 182/844 W 30' OF NW 1/4 OF SE 1/4 228 182/844 N 30, OF NE 1/4 OF SW 1/4 228 182/844 E 30, OF NE 1/4 OF SW 1/4 )228 182/844 N 30' OF g 1/2 OF NW 1/4 OF SW 1/4 231 186/307 N 30' OF W 1/2 OF NE 1/4 OF NW 1/4 255 206/185 N 30' OF E 1/2 OF NW 1/4 OF NW 1/4 258 209/61 N 30' OF W 1/2 OF NW 1/4 OF SW 1/4 258 209/61 W 30' OF W 1/2 OF N'W 1/4 OF SW 1/4 285 293/939 S 30' OF E 1/2 OF SE 1/2 OF NW 1/4 318 388/853 W 30' OF NW 1/4 OF NE 1/4 Declaration of Easement for public right-of-way 320 388/855 E 30' OF E 1/2 OF NE 1/4 OF NW 1/4 322 388/857 W 30' OF SW 1/4 OF NE 1/4 328 395/313 S 30' OF NW 1/4 OF NE 1/4 330 395/315 N 30' OF SW 1/4 OF NE 1/4 341 405/674 N 30' OF Nlq 1/4 OF SE 1/4 OF NE 1/4 Dedication to Collier County for right-of-way, utilities and --------- drainage 348 435/744 N 30' OF E 1/2 OF SE 1/4 OF NE 1/4 Exhibit "A" Page I of 2 MAR ! 1 1997' ABST BK/PG LEGAL DESCRiPTiON TYPE OF ~NTEREST PAGE # ~60 484/526 W 30' OF SW 1/4 OF NE 1/4 361 484/527 W 30' OF NW 1/4 OF NE 1/4 362 484/528 E 30' OF S 1/2 OF E 1/2 OF NE 1/4 OF NW 1/4 363 484/529 E 30' OF N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 364 484/530 E 30' OF S 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 366 484/532 E 30' OF SE 1/4 OF NW 1/4 365 484/531 W 30' OF NW 1/4 OF SE 1/4 " 396 540/676 E 30' OF NE 1/4 OF SW 1/4 311 346/747 S 20' OF NE 1/4 OF SE 1/4 OF SE 1/4. Private ingress egress to DeWitt 31~ 34~/747 E 10' OF W 1/2 OF S~. 1/4 OF S~. 1/4 OF S~. 1/4 311 346/747 W 10' OF E 1/2 OF SE 1/4 OF SE 1/4 OF SE ~/4 Exhibit "A" - Page 2 of 2 MAR ! ! 1997 RecordiDg Fee Doc. Stamps EXHIBIT Prepared by ~nd return ko: David L. Cook, Esquire YOUNg, VAN ASSENDERp &VARNADOE0 P.A. S01 L~urel Oak Dr~ve ~300 N&ples, Florida 34108 GRANT OF EASEMENT THIS INDENTURE, made and executed this da ~nei 399-__, by and between iM~^~ ....... ------ y of _ nera~ Partnership, ~u~ ROAD PARTNERSHIP, a Flortd~ hereinafter called 'Grantor., and ROBERT VOCISANO and ANGELO FAVRETTO, as Co-Trustees under Land Trust Agreement dated May 24, 1995, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise to manage and dispose of the real property described in this instrument pursuant to the requirement of Florida Statute 689.071., hereinafter, collectively, called 'Grantee.. W I TNE S S E TH: That for and in consideration and other good and .llars which is hereby acknowledged, the Grantor hereb ......... p .of .... o~=r~clon, rece~ t ~ ~-=a co Grantee and it successors, an easement for ingress, egress, utilities, and drainage over, under, and across the following described property: SEE ATTACHED EXHIBIT "A" Subject to restrictions of record. Bearings refer to the West line of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida as being North 00~59,51. West. The easement granted herein is subject to the following terms and limitations. 1. This easement is granted to the Grantee as the owner of Section 16, Township 48 South, Range 26 East, Collier County, Florida. Any successor owner of property fn said Section 16 shall be entitled to use the easement granted herein, however neither Grantee nor any other owner of property in Section 16 shall be entitled to assign rights Exhibit "A" - Page I of 2 MAR 1 1 1997 to use the easement tc. any person or entity who does not own property in Section 16. 2. The Grantor shall be entitled to use the easement granted herein and to grant additional easements over the property described herein to any other person or entity. 3. Any utilities located within the easement shall be buried underground, except that electrical lines maybe located overhead and any drainage facilities needed solely for drainage of water from the easement may be located in above ground swales. Any other drainage facilities for draining water coming from property outside of the easement onto the easement shall be underground. This instrument shall be binding on, and inure to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has executed this instrument or caused the same to be executed by its representatives, there unto duly authorized on the day and year first above written. sses: GRANTOR: i ,ature Printed Rame _ /_. Coo//_ ~rinted Name IMMOKALEE ROAD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP By: ROBAL(IMMOKALEE ROAD} PARTNERSHIP. A FLORIDA GENERAL PARTNERSHIP GENERAL PARTNER By: MCALPINE (IMMOKALEE ROAD), INC. A FLORIDA CORPORATION, GENERAL R By:~ Post Office Address: 1100 Fifth Avenue South, Suite 201 Naples, FL 34102 (CORPORATE SEAL) HAR I 1 I 97 CGUNTY OF The foregoing instrument was acknowledged before ma this as ' ~ of MCALPINE-IMMOK~!.r-E ROAD, INC. , who is personall known to me or has corporatiOnas identifi~ _ produced (Affix Sea1)ca--~&DTil---. ~/~/. ~ ,tuts of Person Taking Acknowledgment day Florida Name of Acknowledger T~ed, Printed or Stamped Title or Ran~ Serial Numb%r, if any ~/ , l /..~.., o ~ -3- HAR 1 I 1997 I teot~ UOml~ · ~u~soc~J. ,~c. NOVEMBER 10.1 ~96 ~ e~za~ ~ ~c~ REF. DWG. B-1967 PAGE 1 OF 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A8 FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, R,~NGE 28 F.A~T, COLLIER COUh"FY, FLORIDA; THENCE RUN N. 00'59'51' W., ALONG THE WEST LINE OF THE ~OUTHWEST QUARTER OF 8AID 8ECTION 21, FOR A DISTANCE OF 100,00 FEET TO A POINT 100.00 FEET NORTHERLY OF, A8 MEASURED AT RIGHT ANGLE8 TO, THE 8OUTH UNE OF THE SOUTHWEST QUARTER OF 8AID SECTION 21, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF A 100.00 FOOT COLL.~ER COUNTY CANAL RIGHT-OF-WAY, THENCE RUN N. 89°08~3' E., PARALLEL WITH THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 21 AND ALONG SAID CANAL RIGHT-OF-WAY UNE, FOR A DISTAUCE OF 105.07 FEET TO THE POINT OF BEGINNIN~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 00°$9'$1- W. FOR A DISTANCE OF 358.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAL ANGLE OF $0'41~8', SUBTENDED BY A CHORD OF 127.08 FEET AT A BEARING OF N. 18°20~5' W.: FOR A DISTANCE OF 128.$6 FEET TO THE END OF ~ID CURVE; THENCE RUN N. 31'41'19' W. FOR A DISTANCE OF 24.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NOR'rI-1~,~STERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL A~GLE OF 30'41'28', SUBTENDED BYA CHORD OF 185~.5 FEET AT A BEARING OF N. 16'20~5' W., FOR A DISTANCE OF 187.48 FEET TO THE END OF ~JD CURVE; THENCE RUN N. 00°59'51· W. FOR A DISTANCE OF 1882.01 FEET; THENCE RUN N. 01'00~8' W. FOR A DISTANCE OF 2~59.98 FEET, TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE RUN N.89'04'49' E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 60.00 FEET; THENCE RUN S. 01°00'08· E. FOR A DISTANCE OF 2859.89 FEET; THENCE RUN 8. 00'$9'51' E. FOR A DISTANCE OF 1096.32 FEET; THENCE RUN S. 10°12'46' E. FOR ,~ DISTANCE OF 249.77 FEET; THENCE RUN S. 00°59'51' E. FOR A DISTANCE'OF 539.15 FEET TO THE BEGINNING OF A T~NGENT. IAL CIRCULAR CURVE~ CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 30'41~8', SUBTENDED BY A CHORD OF 13~.~2 FEET AT A BEARING OF 8. 16'2{~38' E., FOR A DISTANCE OF 133.92 FEET TO THE END OF SAID CURVE; THENCE RUN 8. :~1'41'19' E. FOR A D~STANCE OF 58.0~ FEET TO THE BEGINNING OF A TAN~~ CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RLJN 8OUTHEASTERLY, ALONG THE ARC OF ~ID CURVE TO THE RIGHT, HAVING A RADIUS OF 3~0.00 FEET, THROUGH A CENTRAL ANGLE OF $0°41~8'. SUBTENDED BY A CHORD OF 190.54 FEET AT A BEARING OF 8. 16'20':~$' E.o FOR A DISTANCE OF 192.64 FEET TO THE END oFsAID CURVE; THENCE RUN 8. 00°59'51' E. FOR A DISTANCE OF 317.42 FEET; TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 100.00 FOOT COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE RUN 8. ~9°08~3· W. PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST'QUARTER OF SAID SECTION 21 AND ALONG 8AID CANAL RIGHT-OF.WAY LINE FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNIN~i, CONTAINING 6.681 ACRES, MORE OR LES8. E~IBIT "A" IONTTA II~1%JNO$. FLORIDA 33~3 941-l~2-011~ FAX 941-11~.23~7 HMA PROJECT I~.80 NOVEMBER lg, tgg6 REF. DWq3. B-lg~7 PAGE 2 OF 2 BEARING8 SHOWN HEREON REFER TO THE WEST LINE OF THE 8OUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A8 BEING N. 00°$9'$1' W. 8t.~JECT TO EAS~ENTS, RESERVATION8 OR RESTRIGTION8 OF RECORD. HOLE, MONTE8 & ASSOCIATES, INC. CE:]~TIFICATE OF' AUTHORIZATION LB #1772 THOMAS M. 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Cnley Miller Ind R~II~ Z:, Brlmheir, I~ tenlnte In c~mon, Section 21, ~'~nmhip 4S ~h, RinSe ~6 ~ilt, exce~in~ Ihere~rm Ihf S~h 1gO feet Chereo~ prev{oumly Irlmed for c~/! · ,cross Ihs ~t JO feet I1 II II 0~-~70TOF ~ IC~OII ~e noF~ ~ ree~ ~.eroo~ ~d ~o ~s~ ~u ~oe~ · ~'~ ,ih~ ~ -- ' 103015 OCTWCC~ ~fl~,d :*aples Co~:o~t~ & Florida cc~por~tlofl, · r ~., ~.tr or Da~o . S~. d ~crtdl . reser'za~,s o~ record; and S~;e~CT to ~ eose~n. ~or ~blic ~nd right- of-~:; over ~d across ~e ~ast ~0 flat ~ereo~ and ~o S~ ~0 Celt ..... . .,. ~..~,. .. · ~i,-~..~ ~ ~..,,.[[;~.~/z 4 o oI U. !. .Iq' OFFIClJ.',. IKC. OP, O lOOK uiq~z~l:T I. SCOVT · :~c~ o; c,,,.u,~cou, r ' [ HAR I ! 1597 I [_ K. ~'>.) ' , er ~ ~ ~ Da~e . ~ ~ ~or~da ~e fiercest ~ar~r o~ ~he southeast quarter of So,tim ~, T~s~tp ~5 fad across tb nor~ ~ Feo~ ~ereoF ~d ~e volt ~0 ~eo~ ~e~oF; ~d .'~.e northeast quarter of the southwest quarter o.~ Section 21, ~o~shtp ~8 ~, R~e 26 East; SV~ to existing restrSct2~s L~dreze~atS~o of reco~ ~d S~ to ~ eape~nt f~ pubXta road r~t-cf-vo~ over ~d strops ~e nor~ ~0 Feel ~oreo~ ~ the eo~t ~ Feel ~ereoF1 ~d ~e ~es~ ~2f of t~e nort~wsZ ~arter of ~e ,ou~ot ~r o~ Sect~ 21, Tc~shSp ~8 S~, R~e 26 East: ~,~CT to ex~stlng restr~ctSono K.d ~servatl~o o~ record; ~ ~ to ~ easement for public roa~ rl~t- of-v~F over ~d across the nor~ 30 fee~ ~ereof. STATE or Bc~m~ ~ .TO~E CO,XVT Or ~ ~ TOI~ II tl tl II II II III II1 - II1 II1 : t:aplea Corporation, · Florida oor?oration, such officer ~ ~ on beha~ o. leid ao~porotl~. q I trr ~l?~ ~:, 205 ~ 185 larrantA by ~he entirct~cs. B~n~ K, Times ~are. T~e ~8t b~ or the ~ortbweet quarter o( tbs ~ortbwest q~arter or ~ction 21. T~no~p 48 ~utb. ~nSe Z6 'totricti~o and r¢oer~ltlono or record; ~d for p~Mic r~d right-of*way o~.r and across the ~oflh 30 feet there.. Anderson 810 I ~1'~1, 7o~o~lF~ast ~.sl~h~cf_.~.e:: .... ~*~h~a~6q~arter. cF the S~Jth~tt ~-~Jy over t~d acr~2 ~he :ort~. JO ~eet ~ereor ~d :~ '- '~...r~::~::~ [::z~: ,-~ ~~~~ ~ ~' ~ ' .... . ~ ...... ,,,. t~el. , bb, ~. tamed/ ,p~m4 Donald P. Desk. and em President o~ I~ :.ples Corporat!~, a Florida corporitt~, s,ch o~Ftcer ~ ~ h-hnl~ o~ acid co~oratl~. HAR 1 ~ 199~ · ,/dera~ton of ~e ,~ of ~1.00 a~ o~er-valmble co~Ldera- J preoenU d~o gra~t. ~ga~,, eeXl, a~en, r~lse, release, . ~e eaet hal~ o~ ~e a~eaet ~ef . -- .. o~ ~e n~r~eat ~ o~ ~ecti~ 21, . ~ ~r , ~ "'* ; · '~, FXo~J I~ec~ ~'~b~ res- ~~ ~ ~ ~,,- ~Act/~ and rese~a~l~ of re~r sad . ~2~ . ,,~. ,~ec~ ~o an ea,eMn~ for ~llc r~ .~ ,..~ .%.:~:. ~'~[~ r~gh~-o~-~2 over a~ ac~s ~e ea,~ 20 ";~. '~' f~, ~ereof and ~J s~ 30 fee~ ~e~eo~. ~.~7 ~ ~.~ ' . · ' * amd a~te~es ~ere~o belofl~AAg or Afl a~Ase*a~rU~g. X, wXX~ss ~, ~e gran~o~ ho caused'~ese. pFesen~ ~o ~ exerted An A~s 'naM, and-X~u coF~e seaX I 1 I 97 I I I I I I I I I I I I to be hereunto a££ixed, by its proper officers thereunto .duly' au'thorizad, tho day end year first ab~/e vrttten. · ur.A. Xr&so~tt~r, Secre'.ary ~'Oscar Da'ne, ~sstdeflt sealed and delAvered ¢COhrf ct NL~ Y~ X ~Y ~ ~at on ~in ~y, ~o=e M. ~fl of~Lce~ duly lu~orized in ~e S~te Ind C~nty ltoreslid Lo ~ke .ac~LedgeMn~s, ~:so~all~ speared ~ ~ I~ ~.~Z, well ~ to M to be ~e' P[e~idefl~ a~ Secre~. ~e~ctivel~. o~ ~e cor~ratio~ ~d as grafl~or iff ~e far,sAng Deed. and ~a~'~ey dare,ally ac~ledged exerting ~e sa~ iff ~e preseflc~ o~ t~o 8ubsc~Lflg freely and volunUrily under au~o~ty ~y ves~d In ~em by. said cor~ra~lofl, and ~a~ ~e seal a~f~ed ~ereto is ~e ~Th~S ~ hand and o~ficial seal in ~e C~flty and S~e lis~ aZoresaLd ~l /~ ~y of ~o~er, ~. D. l~6e. ~c,f' ,'~-~', P::7.'~.;;;'~ ~ .: !~ (. :'~' ; ..... , ...... = ~.% ~ ...... -2- I I I I I I I I I ! I I I I I I I I ~,~.?J R[¢CRDED RETURN TO D~I~TZON C~ ~.J~)~HT %IILLIAI,~ H. G~CEL~, A~/. - P, O. ~: I~? NAPLES. Co2~Ler C~tT, ~e ~rth~at q~ter o~ the no~healt ~rter o~ ~ection 21, To~lp ~8 ~uth, ~e 2~ ~o it Lo the desire of ~ch reco~ ~rl to dec~e ~ ease- over s ~rt~n or Mid reA2 es~te. ~ ~, ~ co~de~t~on oF ~ ~bve, the Mid ~XY ~tn~ ~ hie ~te, ' J,Jd~ ~f S~. do he.b7 dec~, ei~b~Lih ~ crute ~ elo~ent over ~ scale the ro~escrLb~ ~r~elit ~ter of Sect/on ~, ~P ~ Such ~t of eu~eut I~ be a ~ eai~nt, ~or ~,el of ~eil ~ e~eM, &~d ~I be exe~i~Xe b7 ~e ~ ~ V~, ~he uaderoi~ bye set ~eir ~ ~ ~.. before ~e that they executed ~ch gecLaratio~ of Euemnt, for the Gees &nd pur-poeel therein set forth. VTTta~ B7 ~ ~d offic~ ~ WS~WI~T ~eaa(o Ov ; pi o: Ii II E D~I~A?IOH CF EASE~T . , · ~ YA~ ~e the reco~ o~erl of the follo~nK-deocrLbed reel ~e South~at q~er of ~e ~r~ealt q~rter Sectton ~, To--hip ~8 S~th, ~&e 26 ~t, ~ter C~ty, ~ori~, ~ acre., ~re or ~, ~t il the dec,re o~ ~cb reco~ o~erl ~ dec. re an ease- o~er a ~rt/on o~ ~id ~ ~ ~~, ~ co. ideation of the a~e, the ~X4 hereb7 dechret el~bli~ ~ create ~ easeMnt over ~ ac~8l ~e fo~o~ i~esc~b~ re~ eo~teo ll~t~ Ln Co~er C~tyo ~e ~8t ~ feet of ~e ~thvelt ~r of ~e ~rthqalt ~ter of Section ~o To~p ~ ~t' · ~e Such ~t of e~oment ~ be i ~d~ eueoent, for ~e~ ~d e~eee, ~d ~ be exe~i~blo by t~ / ha ¥. ~l~u~:u~, u Trustee, ud am lml ividu&l hand &nd officio.! eeL3., in the State a~ Co~ty named above, ~' co-,a/seloa I I 19:97 STATE OF ImLOF~DA C OUATf CF Z KI~EBT Cz,,.~.~,x,r % t~t on t~4 ~, befo~ me~ a ~ ~c d~y ~y ~a ~fe, ~ ~ VA~, to ~ ~ ~ ~ ~ me to be the ~ deac~b~ ~ ~ ~ ~t~ the fo~ ~ti~ or ~ent, ~ ~ey a~le~ befo~ M ~t ~ m~ ~ ~tion of bentt for the ueeo ~ ~l ~e~ oat for~. II 7 II .. :.858 al al 1997 I i DFJ~LAPAT3ON OF EA.e,F~3rr J&T J. IST1M'~I~. 3oLned b7 hXI vt~** ~T R. SX~, ~e ~he r~o~ ~fler. or the foll~-deKr~bed roll estate 81tMted ~, Lt ~l ~e dee~ or o~cb reco~ Jo~ed b7 btm ~e, J~ R. 8~, do hereb7 dec2l~, establish ~ C~ate ~ ~th ~ ~eet o~ the B~rt~eat q~ter or the ~heut q~ter ~r ~ctJ~ ~. T~h~p ~4~ ~d e~o8, ~d ~ ~ exo~ib~e b7 the ~b~c. . , ,~ ~*. the ~der.t.n.d ~.e .~t thei~ to t~ ~cl~atio~ of ~..nt, thO. ,~' ~ day of /~ - , l~- I ~.~T ~ t~t on thia ~y, ~fore M, a ~ ~llo d~y author~ed ~ ~e S~to ~d ~ty ~d able to ~ly a~e~ed JAY J. S~ ~d J~Y R. ~ ~ ~o~ to ~ ~o be tho ~rs~ de~crLbe ~he foreco~ ~cla~tLon of bNsent, ~d ti ~ ~t ~oy executed ~ch ~cl~a~l~ or hoe~nt, for ! ! · '.'"' MAR I I lgg7 / I ! I I I II t I i~AR I 1 1997 ~./6/ ! ! ! ! t ! ! ! , 315 JO~l V. YAUG](,, AS T~O~TI~, A~O AS A~ ll4~XVLDUAL, ]o~ed by hie ~R~ ~ YA~, ~o t~o record ~nors oF the ro~l-deocrtb.d ~e ~t~ot q,t~te~ or the N~theMt qMrter er ~ct~on 2~, T~hXp ~ ~th, ~t ~ ~t, ~Xer ~tT, ~ori~, ~ acreo, ~re or ~eel. ~, I~ lo the desire oF nth ~co~ ~ to dec~e u over 8 ~rti~ oF M~d re~ eetate. ~ ~, ~ eo~iderat~ou o~ the a~ve, the MSd ~ V. VA~, herob7 decl~e, eetablloh ~ crelto u e~at over ~ icr~f the ~o~ ~*descrl~4 reaZ eetate, altered ~ ~Xer ~t2, ~e ~flh ~ feet or the e~t~est S~rter et the ~h ~t or e~Eoe~ f~ ~4 i rM~Z lue~=~o ~cr ~_~c~ ~ee ~d e~reio, ~d o~ be exereIMble b~ tb ~bXSe. ~ vX~ ~r, tho ude~ed ~ve eet the~ M~ to thio VXt~eeee to I~:nattLTllll X ~.aY c2*Jrl*z.rr that ea thAo day, betort me, & ~ta~2 PublL¢ authored ~ the State ~d ~t7 ~d a~ve to t~e accidents, by ~ vile, ~ ~ YA~, to m ~ ~d h~ to M to be the deKr~ed ~ ~ vho ~e~t~ the ro~ hc~tL~ or ~nt, ~d the7 ac~le~ed before M tht the2 ~e~ted ~h ~cl~ er ~mnt, rot the Mee ~4 ~ea tb.~ act forth. vx~ a7 ~nd ud orflc~ oe~, ~ the*S~te ~d ~t2 Md a~re, ti ! I ! ti II lB I lB I I ill i MAR I 1 1~97 II r 11 II II II II il f[[405 ~X bB~X I~e eg Cb3AA4~ C4~ltT, TJ~I~AdIe I4-4AlI le~, I,ae, ~ le~, Ce13Aa~ CNBt~, rAar~la. ~la, e4GLdat~ C~a333ir CemtT, ~A~r~da. te ~ the aA~a~aAd /a~per~ La tALa dKT, beL~l~ -- 411 It ! II ti ! il ii Il lB II ICCt~tO., ' ~rtCl&~ ~'~.* 'dO ,,:,K,Me:' E~ If] Ii 2fo 1~ II II I t8t 526 ~. O. So~ 13~6 X&ples, Florida 339~0 ~;c~ A'* .,r:; ~ T~£SZ ;~;s;:~S, ~hat ;O~N w. YAU6RR, as , iS vl£ep ~AR! .~. c,-~--o-. ~eir~ ~ne ovner_o~ l:"-:--*-~e the £ollo~x~ of Collte~ Coufl~; to-vi~s · ~he ~est tht?t~ (30) Feet at the qua~te~ o~ the ~o~theis~ quarte~ o~ Sec[ton 21, To.ship 88'lOath, ~flge 26 Collier Coun~ Florida. TO PAVE A'.~ TO H:~= the sane unto Collier Count2 For the ~u.~oses aforesa~ ~orever. . place any ~u:7. b~r~e~ o~ lla=ili=Y upon Collier Co.nil, b7 £o:'-...tl act at t~e gover~C to~l, to accept the property herein an4 hero~7 ~e~ca:e~ ~o~ o~:Gave Collier Cou~t7 to ~prove the . . - -~ ? n ,~Jl~ acceptance or t~t. :~ w:.-:.~S$ ~9~R£07, ~he Grantor has hereunto atGned mane th~c ~ da/ of September , 1972. COllh'=Y O? COL, LX E,q, . - . cak acXnow,e,Ct, eft. , '--~t"~ 'hal-wife, MARX Alii(i; YAVU~! · '~x~ -n<t[.~du;,~ J~lfle Y ..... t.oreioini ins~r~men- afl execute~ the ed~,e. WXT:~'-SS m2 hkn4 a~ of£1aial Count7 an4 Sta'.e las'. a£oresaid this ~ r4- day et' ! i i PP.2:~AI~D BT: G£O~G£ P. LJ,~0~O~D SPZ~LF..~ AN'~ ALL~ P. O. Box 1306 Naplea. Plorida 527 dedicate t~ rol2ov~ 4escr~d la~l to Co~ller County ~or to wig: . ,,)~,..,., '- . ~. 'htr :htr:7 (..)1' feet of the Porth~st quarter ':0 HA~I A!~ TO HOU) the lu:e unto CollXer County for the purposes aforelatd forever. Tff%$ Dedtca~lon aM the recordation or tM Fane lhall not place any duty, burden or lll~llXt7 upon CollXer County, ~y fo.'--al act of the governlr~G Cody, to accept the property hereXn aM he.-e~y dedicated, nor obligate Collier County to ,-prove th. &foresald the Iforesald property In Iny nJrmer. COUh"~T OP an or£teer duly aut~orSzed tn the State afld_County.a£Oresatd.to tike IckncvledFentl, perlo~Zly to Be kflo~ to bt zheperson described In I~ v~ executed the ro.iotnc tn.t~enz executed the mane. ,, · G~fl'o-, ~e~ ~e owner, o, ~..e ' ; lov~fl ~escr~e~ · ~h : * , oeo nere~y 4ed~caZe ~he fox e~,e~ descr.bed, d_ . ~ - ~ · e..era2 . her , ~ rot ~e use and bene.~- oF ~h ~ . use I/ ...~'....'.'~. ~e ~,~.~hirt7 (30) fee~ of' the ~ou~h ,~s~;.. '' ~arzer of Seczion 2~. I I ! ~ ~AV~ A'~ ~ ~O~D ~he sl~e u~,~o Collier Co~ fo~ ~hd ~ I purposes a~oresaiC ~orever. ' B I , ~ ......... ~a-'on of :he sa~e shall , - no- o~l' ail Coll.e. Coun.7 P - , ' ''o~ HI ;.o~e..2.-.. ~..:,",~,,,:. c -:v o~1: tie Collier C~u...2 ~o ~[ ~he a~oresai~ DroDer:y xn any ..a..n~.. , Hi ~ ~, ~-/'."~ ..... ' ='~" ~ . " ~ake acXmowledFen~l, personally appeareo YIROXL ~. C0~W~ ~ exeeu~eO ~ s~e. . HI ' A ~' 0. ~' .' ~t, ", ·. ~ ~., HI .. · ill · /~ ~' d d jc:c*,r AL:. ?.'2:; "AY 'T.~£S-'- I~RZ~e£:~$ , ,':hat JkPqF.3 HOP.VAN ROBI:RT~C)X and ^,~z v ...... : ':bi ...... ^~ t?e :ee S2----pze ~?_*. '. _'. .... 'be4 ' for road r~[%:s~f-wa~, u.... o~ Collier County, ~o-vL~: t*-' .... t T~e Eas~ thtrt~ (30) ~eet o~he ~rth [~.. _~]~ half of :he ~ortheast quoter ~ortheast quarter of the of Sec~2on 2~, To~shtP ~8 ~uth, ~ ?~ A:~ ~ ~C~ ~he la~e un~o .Collier County ~or . r .. forever. ~:S ~C:ca:ior. an~ t~e recorda~iofl o~ ~e place any d~:7 ~'~rlen or I:a~L1X~Y upon Cotller COUntY, hy ' -~ ~he proper~Y herei~ the a~ores&:~ ~ro~er:y In any ~anner. Wi~nelsec.~: in o~:cer ~uly au~horXzed Xn t~e S~a~e and Cou~7 &~oresa~d to ac~novle~.en:s, perso~allY appeared Ja~e8 ~u Ro~on to ~ ~r.=~ to ~e ~.e ~orsOfl described Iff a~ who execo:ed foregoing ' .s ~efl: a~ ?~ acknowledge4 executed ~ s~e. las~ afor _~ ~..aL/~ ~.'~ Xy CO~' Carom ,xplrei: " t"~'.~"' .... d Coll~e~ Covn~, tOoV~t: .... ~3 Collse~ Coufl:7, florida. ~ ~VE AY~ ~ ~C~ the la:e.unto Coll~e~ County ~o~ the pu~oses a~oresa:d forever. any ~:y, b~rde~ o~ ~a~:y t, jo~ :ollie~ CGul~y, by oF t~e Zovern:~C body, :o accel: the ~roper~y here~n And hereby gedlcated, Ko~ obl~ca~e Cc~er County ~o L~proYe the property ~n G~y ,~er~ ~or I~A2I acceptance o~ th~s dedication focal ac: of Collier ~c~.:7 o~a~e Coll~e~ County a~oresa:d proper~y ~ a~y 2~ V~S'~Z6?, :he 6ra~or ~s ~ereu~o il&ned ~X;~EA J. ~AV~ ii ,,-o,,' - .. X I~Y C~TZ~Y t~t on th~l day0 before an o~cer duly tutho?~zed ~ ~he S~a:e and Coufl~y a~oresi~d to take acknow~ed~en~l,' persor~llF appeared F~H~I~ D. DATI$ and to ne kflo~ to be the person descrlbed In aM who ~xeeuted the ~ore~o~aG iflntr~eflt a~ ae~v~ed~e4 before ~e executed t~ sane. ~IT.%~SS ny hand and o~fletal seal lmthe A. D, 1572. ~uM~ .' tier ". HAR 1 1 1997 PREPARED BY: GEORGE P. LAN:GFO.1i~ P. o. ~ox 13o6 Naples, Florida 484 M 53! · .37, his vl~e the Oran~or, bei~ the o~.r or the dedicate tM tolXovi~ described li~l to CoIIItP Couflt2 top the use iM benerlt ~r the general pubXla, tot road ri;htl~r-va7, ut~X~tXe, aM dra:M;e, to ;M perpetual uae ot Collier to wit t ~e West thl~tF (30)' ~eit et the ~o~th~elt qui~te~ ~,~' ~,~ tas~ th:ri; ()0) ~eet or the ~orthea3t quarter or the ~. _ ~ ~x~ . ~u.~we~t quarte~ or Section 21, ~ sh~p ia ~uth ~ RA~ A~ ~ HOLD the lime vflto Collie~ Couflt7 top the ?~J ~dicatio~ i~d the recordation or the laae I~All not place an7 duty, bu~en or liab~lSty upon Collier Cou~tl, by ~o~X act et t~ GoYermlnG bod~. to accept the propert7 herein a~ dedicated, nor obligate CollSer County to 3nprove t~ propert7 la afl~ ~nfler, nor s~ll acceptance o~ this dedlcatlo~ b2 to~l ac~ o~ Collier Count2 o~llgl~e Collllr Count2 to ~prove X~ wI~s ~EO~, t~. G~A~R ~s ~reu~to d~gned COU~ OP Z ~EREBY C~TX~Y that on t~.tl an officer dul~ aut~r~zed In the 3Cate a~ Count~.A~resald to take acknovled~en~s, perso~ll~ appeared VXLLXA~ H. TO~ ~AX02f P.TOST, his to le kflo~ to be theperson delcribed l~ a~ who exe~dced the Fo~ol~ lnitr~eflt and Chef aoknowledged bePore me tl~ the2 executed the same. C~fl~y a~ S~a~e las: aForelaid ~hil 22M d~ et A~ O. 1972. .! f.~..iu/.r, t, Pffl ~,p'. Il. IlZl 'MARILYN ~ I I I I I I I I ! I I I I I i ded~clte t~ ~ol~ov~ desc~lbeG ~t~s to Co~l~e~ Coun~F Fo~ the to w~ ~ ". , , ,,A ~, : · -~., ,~ ~r~ A.%~ ~ ~ the same unto Co~l~e~ CountF FO~ the ice o~ t~ goye~fllflG ~F, to Iccept the propers7 here~fl e~ he,bT' dedicated, nor obl~n~e Coll~e~ County %o ~nprove bT ro~ ic~ off CoX~er Coufl~ ob~Eete Co~er Co~n~ ~o ~prove r,.Lne thJ. I. :'(:'.,~ dly or' Se.-'?etber f, ¥$tnesle~h: cou~ .oF /~~ ~l .Iql~l I~ . en o~lcer duly ~ut~r~zed ~fl the S~ite end C~dr.~y &rores8~ ~o CORRECTIVE · ~ DIrD~CATZOH III 676 ' KffOV ALL I~ZN . 'f THE3E PRUE~3, ~t WXL~XAM H~NR? TO MARIA ~. lOlT, h~m w$re the Orafltorm, brink the owner of aisle tl~le ~o ~he la~l he~e/~t~e~ described, doll hereby dedicate benert~ of the general public, for ~ad rl;htm~t-~y, ut~ltt~e, IM dra~Mie, to the pe~et~X use or Collier Couflt~, to-wit: ~e Vest thirty (30) Feet or tM ~rthweot quitter of the ~utheast q~rter or Se=tiofl 2~, ~sh3p ~uth, ~flg, 26 hot, Collier Couflt~, Florida; aM the hot ChAtty (30) reef or the ~rthesot quartee or the ~ut~west quarter o~ Settlon 2~, To,ship ~8 ~uth, ~ng, 2~ hit, Co~11er Count~J ;lorldl. TO ~ A~ ~ HOLD the star unto CollXer Count7 For tho pussies aroreoild forever. ~ZS DedXca'.'on aM the recordation or the sans sMXX ~t pla=e duty, b~d-. or llab111ty upon Collier County. b7 fo~l act the ~overnX;.; ~dy. to accept the property he~1fl aM hereby dedicated, nor oblX~ate Coll:er Count~ to lnproYe the property Iff any ~nfler, nor shall acceptance or this ded~eitAon by Fo~l act o~ Collier County obllglte Collier Couflt7 to tmp~ve the · ~oresitd property tn lay IN VITNES3 V~EOF, th~.Orantors ~ve hereunto ligned their n~es th~j 9Z, day or ~.~ . 1973. ~ ~' ~ a~J~M~t: 'WZL~ZA~ HEIST YOST CL[~ Or ClAC~IT CO~RT STATE OF ARIZONA COLUtl COUMTT,F~I~4 COU~Y OF HA~ICO~A I HEREBY CERTIFY that on this day, before me, an o££1cer duly authorized Zn the State and County a£oresaid to take acknowledgments, personally appeared VILLIAH HI:NRY YOST and MARIA S. YOST, his Vl£e, to ne known to be the persons descrlbed An and who executed the £oregolng instrument and they acknowledged before me that they executed the same. '" ........... ~NRSS my hand and. official aea~ in.the County · '."5~(.~ te ~,sc .roreaaSd this f~( day or ~ . ~73 spelling o~ the name or ¢OLLI~ C~L~TY provAsAona of · cert-*- ._'..'_'T ."~" "'Au"T, _aa T_ruitee under the ....... - -,~usc Agreemonc daee~ ~he lit day nE ~338,000.Q0 receLved fr~ TMxfl..,.~ -- f ~e sum ........... ~o~ P~T~E~HZP~ I ~ZorLd8 Guer8~ Per~nerohLp, ~e Gran~ee(s), o~ 3Z74 ~ ~ LemL lipZes, r~orLde 33S42, hereby, on ~hL. ~ convey(a) ~o ~e areneee(.] Iff rea .LBpZe ~e ceaZ properZy Ln ~ZXLer Co~ey, rZorlda, ~eicrAbed est ~g~ 2S Eaae, and =' v 2/2 o~ w x/'2 oz ~ ~4 o~ ~ z/4, Zeos ~e S~h 300 ~eet, SectAon 2A, TwnshLp 48 Sou~, R~ge 26 and graae(.) es ehe Grandee(t) a~X ~Pm~reenane emsenen~(a], ~'' ~y, I~ c~e~n~(s), exce~ ~s provided beZov, ~nl~ I~ ~he ~Lne o~ 4elLvery o~ ~As deed, is aga~fl.~ aZA ~rsono 1. ~e real pro~rey Lo ~ree o~ all encuubr~ceo; 2. 1ov~u1 seisLn o~ ~ad good r/gh~ to convey ~he reel pro~rty are vested in ~e Grintor(s)l 3. abe reel pro~:ey Lo no~ homestead pro~re~; a~ 4. abe Grantor(a) hereby ful/y and geflerally varranets) · ~he ~L~le to the teaA proper~y and vLZZ de,end ~he same 'against ~e Aav~uX c~aLns nE a~X ~raona whomsoever cia/u/rig or eo claim by, through or under the Gzantor (i). . However, only actual damages, no~ ~o exceed ~he cons/de=a~Lon ' a~ated Ibove~ Bay be recovered for breach be~eof. Thin deed discharges aZl &t ~e ob1Lga~Lofls of Gran~ot(o) under =~e saleo contrlc~, and Gran~ee(.) shnX1 hereafter rely -,.ly upon ~ve~n~ ~nULned ~. DoeAara~Lon., ~nd~Lons, reservations, restrictions, 1lmlea~lo~ ~d etaenefl~s ~ lanced An a ~tle ~on ~ ~ An.re.~ o, Grade.(.)An the pro. r~,, or ~ not o~raee to r~Xm~se the same. - , I OR BOOK PAGE o~ ~~ X~82 which /~ebte~ell ~e GrAnteeCs) ~kes sub~ec~ ~o and doee no~ assu~e sE agce~ Co ~y. Purchase money mor~gnge g~ven to Grnn~ot{s) by Gran~ee(8) herein ~o seduce khe sum o~ I I I I CC~ITT Ol· COLLZ~ ! hereby certL£y that on than day, beC. ore Be, · ~ublL~ duly autho=Azed An the state and county naBed above ~ke acknowledgments, ~rso~lly Ip~ared WXLLZ~ g. ~ ~g ~OST, as TEustee under ~c provisions st I Trug~ Ag~eeBen~ da~ed the ~s~ day o~ Oanuary, ZOSZ, to me ~ovn to be ~~on(s) descrLbsd as Grantor(s) Ln and who executed the f~~ran~ d~d, a~ ack,ovAe~ed b~ore me ~ s~d MB~%~~~'1012*r WA~~h~_and o~ic/al[seal in the ecdn~y and I Decumentory Stom~ Tox .Collier Cou~, ~ :~. I I~" ~,,~. ~,c~ .. I I I l MAR 1 1 1997 00?91399 COLLIER COUNTY RECORD£O PREPAR&TZO~ OF /~STRUP~r~T NZ?/'IOUT OPINION ,,,,.o.,o._,,,,,.,,,.,,,.,., :~. ~ of ~e Es~te of ~ V. ~E~= - . as Peri.al ~ ~ ~ d --, a~easea --. Tk~ ~ e'~. I~ o4 m c~e~ et ~ ~ ef ?~ and 00/100 ............. ~m Southeas~ 1/4 of the Northeast ~Xon 21, ~o~shtp 48 South~ ~ ~o rese~a~Lons, res~rLc~/~a and ease- mn~s o~ r~Cord ~d ~axes COLLIER . ~ e~ FLORIDA l:NHO~ ROAD PART2fERSffIp, a FZor/~ G~eral Partnership :: ~ ~ ~, e~,, k c/o ~othy G. Ba~i, Esq. ~:. ~ ~ c~ 3174 ~st T~L~L Trail, Naples, PZorAda 33942 . ~ CO~ZER S,o~ el I - 00869Ji/'4 · / :,:° WARRANTY DE£D ?SZ$ XND~NTUA~, Nsde thJs/,../_~___ds¥ o~ ~, l~S4 between STAHLZy KO~A end JOAN ~. GOOHS~. Granto~p~OKALZ~ address LB Suite ~, 5820 North rederll ~ghvey, ~cl ~ton, flocids, 33431, Gren~ee~ W~ESS~g~ ~8t said Grantors, for I~ in consideration ~he I~ o~ T~ ~ NO/lO0 ~ (SIG.00), Ifld other g~ and vilu- able ~nsidera~Loflo to said Grantors iff ha~ paid by said Grantee, the recefp~ whereof Is hereby oekn~ledged, hll granted, bi,lined ever, the roll.lng descried lo.4, situate, lying end being Lfl Collier ~unty, FlOride, t~vLtj ~l Welt one-half of the NortheAst one-querier of the ~rthellt one-quarter of Sectlcfl 21, ~ihlp fub~ec~ to restrictions m,d elsemeflti.co~n to the lubs~uen~ years. I~ slid Grantors do hereby Sully warrant the title to said vh~veF. ZN ~ESS ~EREOF, Grintorl hove hereunto let Grantors hill SL,lned, sealed and delivered in our.i~esence f comfy *:. . ~ _ co cixi Icxn~ZidgMn~l. ~ ..... ss- ____ ' ~n_o~Lflr duly xe~t~ ~e ~~~8 ~ ham and off/c/al sial i the ~unty and State / OR -BOOX P~kGE STATE OF qualified to take ecknovledgminte, PerlOnall¥ Ip~ired 30~ a. G~HS to ~ k~ to ~ the pec.on descried La and vho exerted the ~ore- goi~ Xnlt~ent end Ickn~ledged be[ore me thlt Ihe exerted the ' :.t.~. ~ - ~tSl ~ hind Ind o[~/c/ll ~~ the ~uflty I~ Stlte ~..:'? ~.. ...... · ....~ .' . ..( . .~.)." ~ · ii ii ! property Appraiser Parcel Identification (Folio) number: 01815000003 11lib IFIl. AL M~ DZED, mode the~. day of Sept~r, lJJ0, ~ ~l A. ~ M, l~ividuilly o~ T~st~, hereinafter coll~ groat.r, to l~ P~lP, ~so toz Z.D. ~r lo SJ*~Id~J~J, ~so offl~ oddress lo SOl0 North F~or81 High,y, Suite B, alton, Florida 12487, hereinafter call~ griffins. (~orever ut~ herein the ter~ 'grantor' a~ include 811 tho parties to this inerrant a~ the belts, l~al representatives and assigns o~ ifldiy/duolo, a~ tho suc~ssors 8~ assigns of ~rporatlons.). ~at grantor, for and In consideration o~ t~ ~ of 8~ mo/100 ~llaro (SI0.00) a~ other voluiblo tho receipt and suf~lcLen~ vhor~f ore hec~ here~ grants, Uargains, soils, aliens, r~ooe, releases, ~nv~ o~ con~i~ unto grantee, 811 ths~ certain situo~ in ~llier ~unty, Florida, doocri~ ou ~hiblt attech~ hereto and Mde· part hereo~. Sub,eot only toz X. Taxes and assessMnts ~or the year 1090 l~ ro~m~sXng the sa~; a~ reveal, ~ with the all tofla~nt8, her~lto~n~8 appurtenances thereto ~louging or In an~lse ap~rtsining. ~ ~~ ~, the o~ In fee ol~le for~er. AID, grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee sinplo, that grantor has good right and lawful authority to sell and convey said lsndj that the grantor hereby fully warrants the title to gold land (exednpt or noted above), and will defend the sm against the lawful claim of all persons claiming by, through, or under grantor, but none other. TflZIDEIDXBEXIIG'T IPRC~IX)CTJIdZITARY STAIdI'S PU~GMITTO FLORIDA J~X6zkATXVl ,ODE IU~ llB-4.0Ad(2)(b). .~ ,',11 565 OR BO01t PAGE G~R. ~R'S H~S~ ~ PRIRCXP~ RESIDEH~ ~S ~ AT 9820 S.W. E3rd ~.~ HX~X, ~RIDA 331S6. IB ~ ~~ said granter has slqn~ a~ seal~ these presents the day and year first 8~ve written. Signed, sealed and delivered in oqr proseocef and as Trustee STATIOF FL&minA ) I KEREBY CIE3FTZFT that on this date, before me, 'on o£ficer duly authorized in the State aforesaid and in the County s£oresaid to taka acknowledgments, personally appeared L~XS A. DB JUmaf, to me known to be the persen described in end who ezecuted tho £oregoing instrument and he acknovledged be~ore me that be ezec~ted the sm .......... 1449g 91- -2- n01565 001589 OR BOOK, PAGE by and return to: J. Donald #ssil, Esq. 100 ~op~n Plaza ~.~ S L. ~ ~J3- ~ --- m ~l~l, Flor~do 3313 _~l~ -- .'- Identification (Folio) 01102400001 September, 1990, by LiYIS A. DE ~, l~viduolly a~ T~st~, hereinafter celled grouter, to X~~ P~XP, w~se tsz X.D. H~r lo S9-2147373, whose Rotan, Florida 23487, hereinafter caXl~ grant~: (brier u.~ ~reln t~ to~ 'grantor' o~ 'grant~* 1~1~o oll tho portion to this ~t~nt 8~ t~ ~lrs, 1~81 reprtsutativ.o a~ assign of i~ividualn, aM tho fl~ssors a~ assign of cor~rations.}. ~at grantor, for a~ In ~nsideration of tho s~ of Ten 0~ ~/~00 ~11ars (S10.00) 0~ other valuable ~nsidoratlon, the :~lpt a~ suf~lcien~ wher~f ore heze~ acMl~g~, ~ge~ grunts, barguins, setls, aliens, r~ae8, releases, ~ a~ confl~ unto g~antee, all that ~rtaln sl~st~ In ~llier ~un~, Floridl, dtlcfl~ on ~ibii 'A', Rt.~ hereto n~ Md. a part he,oaf. S~J~t only to: I. Taxes a~ ass.stunts for tho ~or lJJ0 .~ s~se~ent ~oarsj 2. ~XtXo~, restrXct~ons, ~tat~ona, oasmnts of record, If any, which my ~ tn eff~t. ~t wither tho intention o~ roi--ting the smJ 8~ l, ~ttert which 8n 8c~rit. su~ ~uld ~ with t~ al1 tenaMnts~ her~lt~nts and apertures thereto ~longiag or In s~lno .p~rtaining. ~ n~ ~ ~ ~, the am in fo. st~l. fo~ovor. ~, grantor hoco~ covenants with said grantH task grnntor In lawfully soiz~ of said lo~ In ~H sl~lo, taut sold l~l tar tho grunter ~ro~ fully unrrsnts t~ title to said 18~ (~t or ~t~ 8~), o~ u111 dofe~ t~ ~alut tho 18~ul claim o~ oll ~rsons c18i~ng ~, thr~gh, og.~r grantor, ~t none o~r. RULE 12S-4.014(2)(b). * .... ! r I I I I I I I 1 ~0~ 565 ,,0J591 OR BOOK PAGE TllXS XS VA~J3rT LAHE) AHD XS ~ ~ IICI~EGT~M) OF THE GRAITOR. GXAJrTOR'S ~ ~ ~X~XP~ ~XD~ IS ~ AT g820 S.~. S3~d ~., KX~X, ~XY~ 33XS6. xi ~ ~r, said grantor has s~gn~ and sealed ~heso presents the day and year girl~ a~vo written. ~n ~r LUll A. de ArBII~ tndlviduiZly STXTI Of rLQBXM ) c~rrr Of n~u8 ) Z ~EIZBY CZRTI3~ ~ha~ on ~his da~e, h~oro m, sn offi~r duly au~rlz~ in t~ S~a~e a~oresaid a~ in ~he ~ntF a~oresaid to to~ ac~l~n~s, ~rsonall7 a~ar~ ~S A. ~ m, ~o m ~ to ~ ~ho ~rson Sescrl~ in 8~ v~ ez~t~ t~ for~oL~ instant o~ ho ac~l~g~ ~oro M ~ mT bond spd o£flclel seal in tho lilt l£Orlllid this ~_ day o£ September, ltl0. ] ~?"~. .~. ~ . :I~! ~ . .. ~'. ~ · . '...~ ~ .. -2- I I ! I I ! I ! I i 0.01565 ,101592 OR BOOK PAGF the Ioztbeast t/4 o! Bection 21, Tovnshtp 41 HAll ! 1 1997 ¢ OR BOOK P ,6E ~ ~ ~e~uzn ~o~ 3. ~n~d ~sit. S~S & ~H -- ~ Identification (Folio) n~r. ~ ~ ~ __ ~ T~Reo, hereinafter called grantor, to ~~ ~ ~ P~IP, whose tjx I.D. X~r ~l ~l*~1473~3~_.vh~0 ~ost I ~ office address lo 5820 HarSh F~eral Hlg~ay, su~ce ~ ~ (~er~er u.~ herein the te~ 'greater' o~ 'grantee* ~ ~ ~l~e al~ tho part,es to this inst~n~ a~ ~hp_heirs, legal -- ~ representatives a~ assigns of individuals, mn~ tam successors o ~ 0~ assigns o~ cor~rn~lons.). ~at gran~o~, go~ o~ in consideration o~ the 0~ lo/100 ~llor. (SI0.00) 8~ othe~ Ti~glb~O consideration, here~ grants, bargains, sells,, allen~ ~Jses, _r~lea~:~ .~tach~ hereto and made · par~ hereo~. ,ubJect only tot 1. Taxes end 8ssessMnts ~oz the ~8~ 1990 I 2. ~itlons. restrictions, librarians, and eas~nts of record, l~ a~, which my ~ In ergot, ~t without the intention o~ Eel~sing the s~ 8~ '! 3. ~tters which mn or,rate su~ ~uld ~ .itb tbs ail ten~tm, her~i~s .~zt~a~e thereto ~longing or in a~iso a~rc~nxng. I ." ~, grantor here~ .~t~ ~ .la~d · .. gZ~r bas ~ rxgut ~ A~u~ a~r~ ~ ~.',.' or ~r grantor, hc MM o~r, ';~:~' :.. ! ;¥: --. ..... 17 .......... Il I IIII - -- Iii III i$65 OR BOOE PAGE THiS XF YA~dr~ LAHD A.qD ZS NCFT THE HOf~BTF~ OF ~ ~R. O~R*S H~S~ ~D PRXHCXP~ R~XDEH~ IS ~ AT 9020 S.H. 63rd ~., KZ~X, ~RX~A 33XS6. ~n ou~ prosen~o~ LuLs A. de Arms, /ndLvidulllF ~C~K~TrOF FLO~ZnA ) X ~ C313rTZFT that on thie date, ~or4 m, on o~f/cer duly aut~r/z~ In ~14 Store a~oresa/d a~ in the ~nn~ ne ezecut~ the mac atoresal~ this~day o~ Septet, l~O. ' '~ ~..~"'~''' ~; ., ~'~ ' ~ ~-. ~ot~ ~ -. ~'... :: . .. ,:. ~'.~ · .'~ ~ :2. 1449g -2- I ' " fl01565 tlOIS9S I OR BOOK PAGE I ~ ~r~ost ~4 of ~tlon 2~, T~hip 40 ~uth~ ~nge 26 bst, ~111er ~, rlorldn, less aM e~eptlng thereof the bst 30 f~t rese~M for rood right of w~ ~r~ses of ingress I I I ~ ~,. j.';. .~-~;" · : ...... .. ~.. ~ ..,., .... .~ I'0 I$65 ~}f) I S96 OR BOOK PAGE i0 - This instrument prepared ~ and return to= J. Donald ~asll. Esq, l&O0 Ed~s~d Ball Bulldiag 100 Chopin Plaza ~Niami, Florida 33131 Property Appraiser Parcel Identification (Folio) number: 01809000006 I I I I T;TES Si~L~L w~ioL~r~r i~ED, mdo th®~ daf or ~eptem~er, 19g0, l~r Ll~B A. ~ M, ~ividually a~ as Trustee, hereinafter call~ grsn~or, ~o z~~ P~HZP~ ~Se ~ Z.D. ~r LB S9-2~47373, whose Re,on, Florida 33487, ~re/naf~r nsll~ (~er~er us~ ~reLn ~ho ~e~ 'gran~or' a~ 'gron~* incl~e all the parties to this i~t~nt a~ tho heirs, l~ml representatives a~ assigns of J~lyiduals, a~ the su~essors a~ assigns o~ cor~ratio~.). ~at grantor, ~o~ a~ In consideration o~ tho s~ of Ten 8~ So/100 ~llare (ilO.00) and other Taluablo consideration, the receipt a~ su~icien~ vheEeo~ are hore~ ac~l~g~, ~ero~ grants, bargains, sells, alien, r~lses, releases, conv~ a~ con~im unto grant~, all that certain situat~ In ~311or ~un~, Florida, descrl~ on ~hibit *A', attach~ hereto a~ mdo a part hereo~. Subject only subse~en~ 2. ~Mitiou, restriction, limitations, ~ ~th t~ 011 t~te, br~itmnts o~rtonancet thereto ~lo~lng or In o~s~ 8~rtaining. AID, grantor horel~ coveeante utth said grantee thst grantor Is lawfully auisnd of said land in foe simple, ~hot gron~or hoe good right and lmuful eu~borlLT to sell end convey said lend; ~hot ~bo gran~or bertby fully warrants ~ho title to 3.2B-4. o14 (~) (b). I HARI! 1997 · meld land (exempt or noted above), and will defend the ammo ;~.-... against tho lawful claims of ell persons claiming lr~, through, ' or under grantor, but nons other. I . ' {10 I $65 I)0159? OR BOOK PAGE ~HIS IS VACAIT LAID AND IS BOT THZ HOI~STE~ OF Il ~ ~F, enid greater hat signed sad these preseats the day I~ yea~ ~irst a~vo written, Signg. sealg a~ deliverg l J:: duly out~riz~ In tho State aforesaid o~ In the I l~.. aforesaid to tab ,c~l,~nts. ~rs~ally ap~ar, I,' ~ ~, to M ~ to ~ the ~rson descrl~ tn a~ ~:.': ex--rd the forMolng last~ 8M ho oc~l~g~ ~foro ![.~' that he ezo~t~ tho daM. I ' '"~!'" ...... 598 "'" m R BOOK PAGE I I I i ! I i ~'~. I I I I 1 I i ! ! I ,;r, 1565 ;{~15~5 This lnatrmaent Prepared by and return to: J. Donald Maail, Esq. 1~00 F. dwerd Bell Building 100 Chopin Plaza R Miami ec~,t,d S .. ~_C:: - . ' ~ la ~ '~ ~,~,u~ ~[op~[~ Appraiser Parcel ~r.~ .......... ~__ --~~Tu zaonctEtcetion (Felts) nu~., ~.,~a~c0O~& d , 01807200002 ...... ~_ X ~ ~ ~__ ~' ~' S S~ ~ U T~stee, hereinafter .~,,~: ~ ~, z~ividually I~ 88 office 8ddross is 5 .... "~__ts 5~-214'373, whose est (Mherever used herein the terms - · . include all the parties ........ grant_or end grantee' v,,-o-znazvzoua,s, an' th. successor. representatives and ass~n-~"~-s ?nl.?r.u~e. n~ a~ ~he heirs, legal and assigns o~ corporations.). ~at grantor, for end In cons~derotion ce tbs ~ o~ Ten end lo/100 ~llers (Il0 00) end other va tested In ~lller ~unt- F- ........ ~at cortsin 18~ · be,to ,od, o. Subject only to: l. Taxon and assessments for tho year 1090 and subsequent years; 2. Conditions, reatrictions, limitations, and easements o£ record, if any, which may bo in effect, but without the intention of reimposing the same; and 3. ~tters which an accurate reveal, aurve~ Mould TOGETBX~ with the all tenements, heroditaments and appurtenances thereto belonging or in an~iso appertaining. TO IAV~ AID TO HOLD, the om in foe simple forever. AID, grantor harsh7 covenants with said grantee that grantor is lawfully seized o£ said land in fee simplo, that grantor bas good right and lawful authority to soil and conve~ amid land~ tbqt the grantor hereby fully Morranto tho title to said lend (e~cdpt or notud ahoVO)o and will defend tho same against tho lawful claims of all ~ersons claiming 1~, through, or under grantor, but none other. THZS DEED zs ~ 3rxofl ~C:~K~'Z'~ s'r~ ~ ~ AUNZ~ZSIRATZV~ C0OE RULI X2a-4.014(l)(b). HARI 11~97 ,~. /.,, -, .r:o I SSS OR BOOR PAGE GRAlrTOR. GRAltTOR * S NOMESTFAD AND PRXHCZPAL RESIDEI~CE tS LOCATED AT 9820 a.M. 63rd CT., MZA~Zo FLORZE~A 33156. ZI WZTnZSS WKERZOF. said grantor has signed and sealed kheae presents the da)- and year first above written. Signed, sealed mad de%lvered _ ,.o..,......, /~ /,~/, Lull A. de Arson, indLv · I ~ and as Trustee that bo executed the same. m ' hind aq~l of£icial seal in the County , '.... WITIX~ mY thie,c~ day of Sept~r, 1~90. ,~.. ...... I~y co~fuimsion expires~ ffl' CCIq~SSrON riP. dlPt.lS, l~JJ axed TI~U C~J(I.~l ItS. to~D. I I 1449g I I HAR 1 1 1997 ~._ I I I I I I I I I I I I I t l~.1 i 565 001601 · OR BOOK PAGE The South l/2 of t~4 Northeast XI4 of tho morthesst X/4 of the worth-est X/4. Section 21, Township 48 South, msflge 26 EiI~, Collier County. Florlds, subject to sa eosement olong the Zest 20 foot thereof for rOldMlF, cofltoifling S ogres, more or less ~__ ,s._/:g ~:1. · ! MAR I I 1[ I I I I I I i I I I ! I ! I I lZlZI%! ! i I SPBCL~L K~JmAITT DEED INT----o-b;~weea T%Jdcr%~r O. HA%IS, ss Trustee and %nd£vAdua%%y, granter IND-----.·nd %~040%AJ,%% ROAD FAATlrE~sH%P, · Florida genornl ysrtnershIp, grantee, whose pont office address in 5820 North Fedora% Suite B, Bec· hton, Florida 334870%S02. The grantor, Au eonoXderatXon of the s~ of Ten ! I ($10.00), and othr,.' goo4 end valuable ~onslderatIona paid by the grantee to thff grantor, the receipt of which Is hereby acknowledged, heFelry oouveys to grantee, the foX%eying rea% propor~y Xn Collier County, Florida ·l d~scrlbed on tho attached Grantor cove·uae· with grantee, that at the t~ue of deliver% of this deed that the prepor~y la free of o1% encumbrances made by grantor, end that tho grantor will defend the emma &gaines the lawful clad-e and demands of e1% persona olaLmlug by, through or under cruntoF, but against none other; qxcept that this deed ia i subject to the follovIngf 1. Conditions, restrictions, %Lmltatlono and Gascon·to of record, If may. T~d· mud assessed·t· for c~rrent and subsequent years. The propoL-~! Xa uLmpFoved non-hcfiaste·d and Aw not the residence of the ~rJLAtor. j - '.. PFOpoL'tI i.D. lum~r ... So~],nX r~ucmrity/Tax XD - ' Individual I " S~:A. 01f I"X,CJEtX~ C(h.x~ulcr~ ~.. i~,:. W%TIFASS mr~~_--_ &nd official seal An the County &nd State :' last aforoeaXd ~hAe4 ~,~ ~ h7 of ~r~ , Xg'O. )%ea,.zZ~tAda.''330~2 ?YS-YllS "' OR BO0,~ P'"'~:' I I:XHZIIT A I ~e Io~h Z/2 of ~be Io~heiI~ Z/& of ~he Io~eo~ l/& of SectLou 21, T~shLp 48 e~p~hg ~fFm ~ho Sou~h ZO0 foe~ ~herooz p~v:ous~y for c~L rLgh~-of-va7. rZorLds. I~ ~o s dodLca~Lon for ~he ~nefA~.of.~ g~nori~ u~LZ~Les mhd drabness ~o ~ho ~uiZ uIe of FZor~b. A ~ldv87 omIion~ for Lng~sI Ioflh 30'. Io~ols~ ~/~ of bc~on 2Z, T~shLp 4I i . ~e ~st ~/2 of the lo,lair l/& of tho Iou~boaI~ 1/& Io~on ; · ~e west 1/2 of ~e lo~bveot l/A of the loflhVelt l/i of SectLon I 2X, T~ohLp &l ~u~h, ~ge 26 East, ~Z~Jr ~t7, fZorAda. '.~ ~.;~... · . . 4, ~.rrv ~ TAX ~ cocl~ - Hr,~. C-1 NAP~, ~ 34112-4997 (9415 ~4-8171 C. F.C. Collier County D~cember 27, 1996 Property IDS 00185440006 2~-48-2~ A~ less E~ SW~ Nwk, w~ sE~ Nw~, S~ ~ E½ S~ ~E~, S~ E~ SE~ NEk, W½ W~ S~ SEk, £~ ~ SW~ Swk, E~ S~ SW~, Swk, w% SE% SE% Less R/W Or 1573 pg 724 To Whom It May Concern, We have researched our records and find all taxes have been paid on the above referenced parcel. Sincs~ely, He. Sam Young Acquisition Specialist (9415 774-8882 Ill MARl · I BOARD OF COUNTY COMMISSIONERS COLUER COUNTY NAPLES, FLORIDA 33962 DATE -~r~./~,, ._/~. 19-.~.~CHECKNO. ~O..~'~? . INVOICE NO. ~ Th]~ Agreement is entered into as of the day of , 19. , by and between IM OKAI.I:.E ROAD PARTNERSHIP, a Florida general partnership (hereinafter "Pamm'ship') end MICHAEL J. PROCACCI, JOSEPH PROCACCI and DEWEY GARGUII~, (thcrcinafter 'PPG'), owners of the Parklands and Parklands West. RECITALS: Partnership is the owner of the real property comprising the Woodlnnds Developmem of Regional Impact and Planned Unit Development which comprises portions of Section 21, Township 48 South, Range 26 East, Collier County, Florida ~ the "Woodlands") end is currently prep~ land development plans to develop a residential project on the Woodlands. Be Michael J. Procacci, Joseph Pro, cci and Dewey Garguilo are the owners of proposed developments called "Parklands and Parklands West" within Sections 4 and 9, Township 48 South, Range 26 East, Collier County, Florida. Ce Varioua public and private easements exist over and across portiom of the Woodlanda, which eaaemems are identified on attached Exhibit 'A" (collectively the 'Woodland Easements'). The Woodland Easements nrc currently not improved; that ia, the land has not been cleared, graded or paved to make the easements suitable for the puq~ses for which they were granted. Further, some of the Woodland Easements traverse protected wetland areas and access to all of the Woodland Easements from a public right-of-way is inaccessible because of the Cocohatchee Canal which adjoins the southern boundary of the Woodlands and no bridge exists between Immokalee Road and any of the Woodland Easements. NOW, THEREFORE, the parties agree as follows: Partnership shall take such action as necessary to vacate and abandon all the Woodland Easements, as described in Exhibit "A'. Such action may include, but shall not be limited to, filing a petition or petitions to vacate public easements with the Board of County Commissioners of Collier County, Florida, recording a Notice or Notices of Abandonment of Easements in the Public Records of Collier County, Florida and fling a suit or suits as may be necessary to quiet title in the land underlying the easements, free and clear of the easements. The cost of all such action taken described in this Paragraph 1 shall be Ix)me solely by Partnership. PPG agree to support any such actions taken to eliminate the Woodland Easements, and hereby appoints Partnership as their attorney in fact for the limited purpose of securing and filing applications, petitions, complaints, or other documentation with Courts, utility providers and public agencies to effectuate the terms of this Agreement, and agrees to join in or sign any documents necessary to eliminate the Woodland Easements. The easement attached as Exhibit 'B' (the 'New Easement') shall be executed by Partnership simultaneous with this Agreement and be held in escrow by Young, van Assenderp & Vamadoe, P.A. as Escrow Agent. When all of the Woodland Easements have been terminated, as described in Paragraph I above, the Escrow Agent shall immediately record the 'New Easement'. The creation of the New Easement subjecting the land described therein to the New Easement shall be done solely at Partnership's expense. Partnership agrees not to dedicate the New Easement as a public road, unless such dedication is required by Collier County as a condition for receiving a permit or other development approval for the Woodlands or in Partnerships' sole discretion. In the event that PPG ever elect to create easements for ingress and/or egress over any portion of the West sixty (60) feet of the Parklands or Parklands West Property owned by PPG or any other road within Parklands or Parklands West which connects with Bonita Beach Road and which is not controlled by a gate house or other security structure, PPG and/or their agents and a~signs agree to grant to Partnership rights of ingress and/or egress over such easements. The Effective Date of this Agreement shall be the date the last party hereto executes this Agreement. Time is of the essence of this Agreement. The rights and obligations hereunder shall be binding upon and inure to the benefit of the parties hereto, or their heirs, successors, administrators, or assigns who become the owner of the Woodlands Property or the Parklands or Parklands West Properly, as applicable. The parties hereto acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, the parties agree that the provisions of this Agreemem shall not be construed or interpreted for or against any party hereto based upon authorship. The failure of any party hereto to enforce any provision of this Agreemem shall not be construed to be a waiver of such or of any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 10. I1. Neither this Agreement nor a Memorandum thereof may be recorded in any county in the State of Florida. This Agreement, including the Exhibits attached hereto, which are incorporated herein by reference, contains the entire Agrecment betwccn the parties and all other representations, negotiations and agreements, written and oral, are superseded by tiffs Agreement and are of no force and effect. This Agreement may be amended and modified only by instrument, in writing, executed by ~ parties hereto. This Agreement shall be construed by and controlled under the laws of ~ Stat~ of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals. IMMOKALEE ROAD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP By: ROBAL (IMMOKALEE ROAD) PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP GENERAL PARTNER By: (IMMOKALEE ROAD), INC. A FLORIDA CORPORATION, GENERAL PARTNER By: Printed Name: Its: MICHAEL J. PROCACCI JOSEPH PROCACCI DEWEY GARGUILO 6'~0656C THE WOODLANDS DRI-EASEMENTS TOWNSHIP 48 SOUTH, RANGE 26 EAST, SECTION 21 AB,ST BK/PG LEGAL DESCRIPTION TYPE OF INTERE~ PAGE # 63-A 43/251 South I00' Quit-Claim Deed for canal 210 173/56 E 30' OF E 1/2 OF SE 1/4 OF SE 1/4 Reservation of Easement for Public Right-of-way 218 186/704 N 30' OF W 1/2 OF NW 1/4 OF NW 1/4 - 218 186/704 W 30' OF W 1/2 OF NW 1/4 OF NW 1/4 - 220 181/740 E 30' OF E 1/2 OF SE I/4 OF NE 1/4 220 181/740 S 30' OF E 1/2 OF SE 1/4 OF NE 1/4 . 228 182/844 N 30' OF NW 1/4 OF SE 1/4 228 182/844 W 30' OF NW 1/4 OF SE I/4 . 228 182/844 N 30' OF NE 1/4 OF SW 1/4 228 182/844 E 30' OF NE 1/4 OF SW 1/4 - 228 182/844 N 30' OF E 1/2 OF NW 1/4 OF SW 1/4 - 231 186/307 N 30' OF W 1/2 OF NE 1/4 OF NW 1/4 - 255 206/185 N 30' OF E 1/2 OF NW 1/4 OF NW 1/4 258 209/61 N 30' OF W 1/2 OF NW 1/4 OF SW 1/4 258 209/61 W 30' OF W 1/2 OF NW 1/4 OF SW I/4 285 293/939 S 30' OF E 1/2 OF SE 1/2 OF NW 1/4 318 388/853 W 30' OF NW 1/4 OF NE 1/4 Declaration of Easement for public right-of-way 320 388/855 E 30' OF E 1/2 OF NE 1/4 OF NW 1/4 . 322 388/857 W 30' OF SW 1/4 OF NE 1/4 328 395/313 $ 30' OF NW 1/4 OF NE I/4 330 395/315 N 30' OF SW 1/4 OF NE 1/4 341 405/674 N 30' OF NW 1/4 OF SE 1/4 OF NE 1/4 Dedication to Collier County for right-of-way, utilities and drainage 348 435/744 N 30' OF E 1/2 OF SE 1/4 OF NE 1/4 . Exhibit "A" - Page 1 of 2 ABST BK/PG LEGAL DESCRIPTION TYPE OF IN7'EHE, YP PAGE # 360 48~1526 W 30' ON SW 1/4 OF NE 1/4 361 484/527 W 30' OF NW 1/4 OF NE 1/4 362 484/528 E 30' OF S 1/2 OF E 1/2 OF NE I/4 OF NW 1/4 363 484/529 E 30' OF N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 364 484/530 E 30' OF S 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 366 484/532 E 30' OF SE 1/4 OF NW 1/4 . 365 484/531 W 30' OF NW 1/4 OF SE 1/4 396 540/676 E 30' OF NE 1/4 OF SW 1/4 311 346/747 S 20' OF NE 1/4 OF SE 1/4 OF SE 1/4 Private ingress / egress to DeWitt 311 346/747 E 10' OF W 1/2 OF SE 1/4 OF SE 1/4 OF SE 1/4 - 311 346/747 W I0' OF E 1/2 OF SE 1/4 OF SE 1/4 OF SE 1/4 - Exhibit "A" - Page 2 of 2 Recording Fee $. Doc. Stamps $ Pr~m-~ by and r~urn to: David L. Cook, F.~quir~ YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Lau~l Oak Drive N~le~, Florida ~4108 GRANT OF EASEMENT THIS INDENTURE, made and executed this day of , 1~._., by and between IMMOIC~I.F.E ROAD PARTNERSHIP, a Florida General Partnership, hereinafter called "Gramor", and MICHAEL $. PROCACCI, JOSEPH PROCACCI, and DEWEY GARGUILO, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise to manage and dispose of the real property described in this instrumem pursuant to the requiremem of Florida Statute 689.071., herei~a~er, collectively, called WITNESSETH: That for and in comideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee and it successors, an easement for ingress, egre~s, utilities, and drainage over, under, and across the following de~cri~ ~: SEE ATrACIIED EXH~IT "A" Subject to restrictions of record. Bearings refer to the West line of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida as being North 00"59'51" West. The easement granted herein is subject to the following terms and limitations. This easement is granted to the Grantee as the owner of Sections 4 and 9, Township 48 South, Range 26 East, Collier County, Florida. Any successor owner of property in said Sections 4 and 9 shall be entitled to use the easement granted herein, however neither Grantee nor any other owner of property in Exhibit "B" - Page 1 of 3 Sections 4 or 9 shall be entitled to assign rights to use the easement to any person or entity who does not own property in Sections 4 or 9. The Grantor shall be entitled to use the easement granted herein and to grant additional easements over the property described herein to any other person or entity. Any utilities located within the easement shall be buried underground, except that electrical lines may be located overhead and any drainage facilities needed solely for drainage of water from the easement may be located in above ground swales. Any other drainage facilities for draining water coming from property outside of the easement onto the easement shall be underground. This instrument shall be binding on, and inure to the benefit of. the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has executed this instrument or caused the same to be executed by its representatives, there unto duly authorized on the day and year fa'st above written. Witnesses: GRANTOR: Signature IMMOKALEE ROAD PARTNERS., A FI~A GENERAL PARTNERSHIP By: ROBAL (IMMO~ ROAD) PARTNERSHIP, A FI~RIDA GENERAL PARTNERSHIP GENERAL PARTNER Signature By: (IMMOKALEE ROAD), INC. A FLORIDA CORPORATION, GENERAL PARTNER Printed Name: I~s: Post Office Address: 1100, Fifth Avenue South, Suite 201 Naples, FL 34102 (CORPORATE SEAL) Exhibit "B" - Page 2 of 3 gl'ATE OF FLORIDA COUNTY OF The foregoing ~t was acknowledged before me thia day of ,1~..._., by ,as of MCALPINE-IMMOKALEE ROAD, INC., a Florida corporation, who is personally known to me or has produced as identification. (Aff'm Signature of Person Taking Acknowledgment Printed Name Title or Ra~ Exhibit 'B' - Page 3 of 3 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Presen4ng and enhandng Flodda's quali~7 of life since LEGAL DESCRIPTION HMA PROJECT ft96.80 NOVEMBER 19,1996 REF. DWG. B-1967 PAGE 1 OF 2 A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER uOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00'59'51' W., ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET TO A POINT 100.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 100.00 FOOT COLLIER COUNTY CANAL RIGHT-OF-WAY, THENCE RUN N. 89'08'23' E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21 AND ALONG SAID CANAL RIGHT-OF-WAY LINE, FOR A DISTANCE OF 105.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 00'59'51" W. FOR A DISTANCE OF 356.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 240.00 FEET, THROUGH A CENTRAL ANGLE OF 30°41'28". SUBTENDED BY A CHORD OF 127.03 FEET AT A BEARING OF N. 16'20'35" W., FOR A DISTANCE OF 128.58 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31'41'19" W. FOR A DISTANCE OF 24.36 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 30'41'28", SUBTENDED BY A CHORD OF 185.25 FEET AT A BEARING OF N. 16°20'35" W., FOR A DISTANCE OF 187.48 FEET TO THE END OF SAID CURVE; THENCE RUN N. 00'59'51" W. FOR A DISTANCE OF 1882.01 FEET; THENCE RUN N. 01'00'08' W. FOR A DISTANCE OF 2659.98 FEET, TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION' 21; THENCE RUN N.89°04'49' E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 80.00 FEET; THENCE RUN S. 01"00'08" E. FOR A DISTANCE OF 2659.89 FEET; THENCE RUN S. 00'59'51' E. FOR A DISTANCE OF 1096.32 FEET; THENCE RUN S. 10'12'46' E. FOR A DISTANCE OF 249.77 FEET; THENCE RUN S. 00"59'51' E. FOR A DISTANCE OF 539.15 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 30'41~8', SUBTENDED BY A CHORD OF 132.32 FEET AT A BEARING OF S. 16°20~5' E., FOR A DISTANCE OF 133.92 FEET TO THE END OF SAID CURVE; THENCE RUN S. 31'41'19' E. FOR A DISTANCE OF 58.06 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 360.00 FEET, THROUGH A CENTRAL ANGLE OF 30°41"28'. SUBTENDED BY A CHORD OF 190.54 FEET AT A BEARING OF S. 16°20'35- E., FOR A DISTANCE OF 192.84 FEET TO THE END OF SAID CURVE; THENCE RUN S. 00'59'51' E. FOR A DISTANCE OF 317.42 FEET; TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 100.00 FOOT COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE RUN S. 89'08'23" W. PARALLEL WiTH THE SOUTH LINE OF THE SOUTHWEST'QUARTER OF SAID SECTION 21 AND ALONG SAID CANAL RIGHT-OF-WAY LINE FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING. CONTAINING 8.661 ACRES, MORE OR LESS. EXHIBIT "A" 10~z0 AS~.IRNA, Tt-~' ST~IEET BONtTA $~tNGS. F1.ORtOA 33923 g4~.~g2*0795 FAX 94 t.g92.2327 HMA PROJECT ~l~6.80 NOVEMBER 19,1996 REF. DWG. B-1967 PAGE 2 OF 2 BEARING8 SHOWN HEREON REFER TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AB BEING N. 00'59'51' W. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HOLE, MONTE8 & AS,.RO~8, INC, CERTIFICATE OF AUTHORIZATION LB #1772 P.S.M. #5628 STATE OF FLORIDA EXHIBIT "A" 0o EXHIBIT "A# EXECUTIVE SUMMARY PETITION AV 96035 FOR THE VACATION OF TWO (2), 12 FOOT UTILITY AND DRAINAGE EASEMENTS ON LOTS 45,4~ AND 47, BLOCK 74, GOLDEN GATE UNIT 2, AS RECORDED IN Iq. AT BOOK 5, PAGE 65-77 OF THE PUBLIC RECORDS OF COU. IER COUNTY, FLORIDA. ~[~=L To ~ I~e Resolution fcx the vKatiofl of two C2), 12 foc~ ullllty m'KI drlln~ge easemeflts to adlow owrmt to build across tha easement ama. CONSIDERATIONS: Pmttic~ AV 9e-035 was mcetvecl I:,y the Tmflspocmtion Dep~b*rm~t from KdqY~h Ehle~, ~s agent fox ow~r, Luc~ F~m'd, to vagme two (2) 12 foot ueli~ ancl clralneg4 eiNmer~, ~ ~ lots 4S,48 end 47, block 74. The blanket ealameflts v4fl crllted by dedication on the plat of Golden Gate Urdt 2. The objection ha~e been r~ from C.C. utirdies, Engineer Review, Stor~r t~gement end M I~ utirdies companies. Tmnspo~ has reviewed and GROW'TH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners appcove the Resolutiofl f~ the vacation of the above-described easements. Authottze ixecutioct of the Rez~:~ by its Chairman, and direct the Clerk to rlcotd I certi~mcI copy of the Resolution and make the appropriate marginal notes on the plat. PREPARED BY: DATE: ~''//'~/7 D. Muller, Engineer I G. F. ,~O~ib~ld, P.E. Transportation Directo¢ REVIEWED BY: RaytY~)fld W. Miller,- P.E. ' ' Acting Public Wocds Administrator RDM~n'~O 103g~/~ AV~3$ .KAR ! 1 3O 31 32 33 ~4 37 38 4O 41 42 43 45 SKETCH AND LEGAL DESCRIPTION . ~ I$ NOT A SUR~Y LOT I LOT4 ILQCX 74 { IL~ 74 I.C]OC 74 IL~ 74 , , CADAST~L SUrVeYORS, I~C. Data JteceLved:.____..._~ Pe~:LtLon I:&y- , Ctty/StaCb~ M._..~_~_._.'_,,,_ _." ZLp Coder~ Address.* 6~26 S. Lakemo~t Ave" ,,. T.~o~~ ~tt~; Se~Xon 22 T~sh/p "4~ _ ~e ~ Pia~ B~k Page(I) _ ,, nea~ ~ n~est, ,, Vacatifl~ the eaieM,flt , ~en~ Zofli~:_ C-4 "' hI thil Ylease lee 'Polic~ and Procedure et V&CACI~T~ and the list of supi~rC~ve ~aCeriell vhicA amat accompany tALl ~titAGn, and delivet o~ mall ~: Tcamspo~a~ion Se~iCeO C0llLer County Govern~en~ C~plex Naples, FL 33962 Telephone: (94~) 774-8494 · (~) Zt a~licaflt is a land trus~, /ndLeate ~e ~nettcAaries. {2) X~ applAca~C As a c~orAC~on other ~afl a co~ration, indicate the name o~ o~fLcers (3) xf app%tcaflc is a ;arCneclhtp, 1Lmlted pa=tne~hLp or ocher ~sLneis entity, AndAca:e ~e ~BO O~ mira iimlii m% ! ! ! ~¥N¥3 U~ FIJI~TC'WOLK. S D~ NAPUS3. F. ~U12 O)4 I) 7~2-2~7:~ PAX (:941) 732-2~2~ Br. ~ I!. ghl~rs~ Lar Al~e Ipz'J3'lge, ~ 32714 Vacation of Bide Yard g~smnts Along Lots 45, 4S · 47, Goldmn G~t4, Unit 2 for Discount Auto Patti - Store ,2gS This office has reviewed your request to vacate the above re£erenood &m~ ye, therefore, hive no objection to the vacation of these e&~e~ents. Should you hive any further questions, please feel free to oontaotBe. Bincerely, Publ/o Works Senior gnginesrinq Tschniolan co I · dvard #. Finn, PublLc Works OperatLorm D/rector Russ Huller, TraflsportatLon Services ~ohn ~ouldsvoz~ch, ~gineerLng Review Saz~/cei Hr. Kenneth Ehlere, P.E. S01 LakaspGr Lane llJt Z,ot:a 45, 46, 47, Golden Ga~e Unit 2 Dear Jer. Ehleret We ore in reoeipt of your latter of August 28, 1096 relative ~o the above, end offer the relieving. This orfi~ has ~ to the vacation of the drainage eaaaBenta betvean Xo~e 4S and 44 end bet¥oefl lots 46 end 47; a iix foot e&oe~uont rot drainage purposes to remain on the North side of Lot 4S, and on the olde of Lot 47. If ! can be of any further assistance to you in this roger4, please let Be know. Jerely, Senior l~gineer ~t Ruaa Nullar, Tranaportatlon Services £0L1.11',I COU,*ITY 3301 I. ?mu/~ Tr&ll II~plel, I~, 33962 ArCh: #s. CJ~f I~ (941) ?74-3940 CollierHog oho~C°*solng*g JLevl~w Serv, 2800 II, D~iye Golden htel, R, 33999 J~u: tlr. ~olm Houl~h (941) 643-8471 To Whoa it Hay CoGce~n: Di~ooanC Auto ~ztl - 8~r~ 0299 1957 Count~~ 991, Golden G4to, DiScount Auco Parts, Inc. is planning to corm~ruct & now rot811 6, ~47, ~l~n~Ces, ~LC 2 Bl~k 74~ClC~VLl~; pleaoe ~feF co c~ ~cloe~ vicinity up ~ l~al ~lic uCili~y~iders c~C there is~~Co eae~nc va~ci~. Please p~ide us vi~h~i~c~lis~in, I~ y~r earliest c~enience, ~ recum Co~ aC the ~1~ A f~~of~~~e~ld~ao~~~C~. ~~. ~tncerely~ . . Hr. F~n~th H. Khlers, P.B. 608 Lakerpur Lane A/tmnonte Springs, Florida, 32714 (407) 862-6703 (407) 644-3784 Fax v/encl. HAR 11 m7 '0 32714 Should you have my quesdam or concerns resardins ~ manet, ~ com~ me at ( 941 ) 434-1281. Sincere4y. s IIIIIII I I I IIIII II I IIIIII III I iii lepte~ber 10, 1996 Kenneth B. ~hlers, i.E. 60~ ~akelp~r Lane Alta~onte Iprlngs, f~ 32714 1957 C0mntr~ Io~d 951, Oolden rotation to Vacate SEC 22, ~WP 49S, IGB 26lw Collier County Dear This is in response to your letter of August 26, 1996 regarding the above mentioned petition. Sprint/~Jflited Telephone of florida has no ob~ection to your petition to vacate the easement aa described in your letter. Xf ye can provide additional information, please contact me et 941-263-6318. fincerely, Kenneth Jordan Associate Engineer Attachment Chrofl File I I IqAR 111997 I [ ,,._/o .... ..i Septemb~ 10, 1~ Mr. Kmlneth H. Ehk.l.p.E. eoe L.kespur Lane Altamonle ,Sfxlng~, Flodda, 32714 Time Warner Cablevtak~ ( CVI ) with franchla4 ,uttxxlty In Collier County and Fkxlda C.blevte~ Management Corp., a'. operating entitY, h. ~ ihe mque~ rot lhe ~ of side ynrd eem.Tmf~ .long Io~ ,¢5, 4~, and 47, C-miden Ga~e, Unit 2 Block 74, and has no objection. Time Wm~m* Cable 16~0 ~ Twr~*,~ SI' ¥.1,4--, t~,.rid~ 1997 · FLO~s CITIES WATI~ Col~~ Mr. ICam~ H. Indm, p.p. Almmomm Slxlngs, FL 32714 V_~_C.~T~N OF SlD~ ~ ST Lo'rs 4S, 4S, & 47 GOLDEN GATES, UNIT 2, BLOCK 74 PJmmt confirm ibc prum~ of misting facilitics tad their relocation ~ with this Sincerely, FL~,~DA .C~ WATER COMPANY irLOtmA Crru:s WATER CO64YANY 14~1 ~ ?'mr /rd,r: f~l) PZd. dg~ l/oveut)er 2~, 1996 Discom~Au~oPaz~s - 8tore 1299 1957 CMxn~y~ 951 (~ol~lmOatu, lrlorid~ 34112 ~~m aloog LOCI 45, 46, ax~ 47 T~epurpoee of ~., a~l co c~ c~ici~ ~citi~ im c~Ro~ecti~teg t~ ~ D. X~, ~.1., ~i~l ~gi~eg vt~ Ylo~ ~tiel Water ~ ~c~ Occo~ 2, 1996. ~ce a~ain, r~ired reloluti~ ~h~ld~ ~ ~ ~esci~s ~ n~ ~ a~iti~ ~~ti~, please ~ior Co tilth9 vi~h the Collier C~y C~lli~ ~ a~l, please pr~ide ~ vi~h a 'Draft C~' tot rnin~ ~r ~o~. Sincerely ]Certnech H. ~hlers, P.S., ¥.P. Distinguished Designs ap~ ~ngineering, Inc. #inter Park, Florida 32792 (407) 862-6703 (407) 644-3784 Fax CC: Kevin L. Sullivan, Developmen~ Coordinator ! (Do ' · % ®~ ~o® t8TH AVENUE $.W. I I II I II I II I II m 34 37 38 4O 44 45 48 S 1951 40TR ~ ~ ~ 33999 1943 40'm T~ m~ ~ 1~ 33999 Ol,~:~) tlXYi~ D! 1953 40TH T~R ~ ~ FI, 33999 10021 GUI, FSHOR.E DR NAPL~8 FI, 33963 TERRY f~t.gON CHRIST/AN PO BOg 1731 IqXPLE8 ~ 33939 ROBnTA & RUTH HEyM 304S B~l13tO BLVD lift MYERS BCH Il'L, 33931 'G 3' I~ Of ~ ZIlC 34120 ~TOGEPH CJ~'r P O BOX '7223 I~ X3~)Z,BS Fl., 33941 ~C~ LAItISC~ SS92 i2TH A~ ~lf ~ 1~ 33999 ROI. AND ,3' IPONT~ 44 S2. ~ SHORE BI,VD N R31LPZ,U ~ 33940 Land Title Insurance Company Commitment For Title Insurance Bb~-2333BB Sduddes A md a sd to ~ Ceedtkm ~ $~ ~. · dull be bmded, u4tk:bever am Ge. can, Iwovtded that the failure to roue sud~ policy oe polkies k not tim fault of lb eompmy. h Witness Whereof, ~ht mid Comptny hu caused ia Coqx)rate Nune md Seal to be hereunto afTixed; ~ instrumenL Indudh~ Commitment, Coeditkxu md StipuLttiom tim:bed, to become valM when counting'NM on Schedule A by att Authorized Ofrker ov Aemt of the Comparry. COMMONWEALTH LAND TITLE INSURANCE COMPANY Form 10Ol=~17 HAR1 I K3'J7 I? . Valid OnJy If S~:hedul~ A, B and Covet Are Attached Colm~n~ No. ~ ft~e ~o. SA432122 File No. 0064-339 g£fective Date= July 5, 1996 aC 8sO0 Pollc~or Policies co be issued: O~Z~'S: $210,000.00 ALTA O~nere PolLc~ (10/17/92) with Florida ~iflca~/~ ~sed Z~ured, Dtsc~t ~o Par~s Inc. Proposed Insured: 2e The estate or interest in the land described or referred co in chis Commitment and covered herein is a fee simple, and title thereto is at the effective dace hereof vested in: Lucille g. Fayard, as Trustee of the Lefco Trust dated February 7, 1992 The land referred to in this Commitment ts described as follows: Lots 45, 46 and 47, Block 74, Golden Oate, Unit 2, as per Plac thereof recorded in Plat Book 5, page ?1, of the Public Records of Collier County, Florida. BROIl, C/.t, RK & MM.,TERS, P.A. 1819 HAZN STREE'r S~ZTB 1100 ~A, ~ 3%236 (813) 957-3800 ~~ · Councersi~ed :~ * ~ ~horized Officer or Agent 0 i COIlliClen~ IO. .COq)anyfLlello. SA432122 Ag~nc file I lo. 0054-339 Th~ £ollowXng are ~he requiremen~e ~o be c~lied 1. P~nt of the full co~derat/o~ to or for the acc~t o~ the ~tor~ or ~gagors. 2. lns~n~(s) creating the es~a~e or ~nteres~ ~o be insured ~s~ be appr~ed, exerted ~d ~led ~or record: a) ~a~t~ ~ed fr~ LucXlle B. Fa~ard, as ~s~ee o~ ~he ~co ~s~ F~a~ 7, 1992 Co D/sclc ~Co Parts Inc.. Pa~nC of all =~el, charges, essessmencl, levied and aJsess~ agaric premises, which are due and 4.Er~tde Jactsfac2o~ evidence chac Dtscounc ~=o Parcs Inc. ~l tn ~tlCence ~he SCa~e of Florida. S. ~ affidavit Chac =he Lefco ~sC dated Feb~a~ 7, 1992 has no= ~en a~nded or ~tfted, excepc as heretofore disclosed, and ChaC Che ~lC 1~ 12tll In full force and effect. Said afl,dart= should als6 rectce the name{s) of ~he ~scee(s} ~rrencly e~vered, if different fr~ Che original ~lCee(I) Co exe~ce the conveyance of the insured land. 6. ~f of Pa~nc for all charges, fees and assessments ~ Collier C~ncy U~tltclel Division. ?. Pr~f of pa~e~c for all charges, fees and asiessmencl ~ Florida CtCtel ~e=e appears of record cer=atn Jud~encCs) 1ts=ed below. No ce~tfted thereof have been recorded as of =he effec=tve date hereof. Sh~ld a cer=lft~ c~ be recorded prior =o cbs effective dace of =he ~1t~, the re~tre laCllfaccion or release of such Jud~enc(e), or such ~ud~nc(s) w~11 appear as excepclon(s) on Schedule B, Section 1, of the ~1t~. Final Jud~enc tn fair of James A. Greet and agatnsC ~fco ~IC, daC~ F~ 27, 1992, filed March 3, 1992 tn Official Records ~k 1629, page 360, of ~1tc Records of Collier C~ncy, Florida. Pr~f of Pe~enc for all charges, fees and assessments for Special Taxes. (See Page 103 of ~s=rac= ~96-003179} END O~ HAR I I -.If No. 11. Compm~ Pile No. SA432122 ant file No. 0064-339 Schedule B of the policy or policies to be issued will contain exceptions to the foll~l~ ~er~ ~less ghe sa~ are dXs~sed o~ to the satisfaction of cbs c~a~ 1. Defects, liens, en~r~ces, adverse clai~ or other ~CCers, if ~, ~eaCed, ~IgIC a~eartng In the ~1tc gecogdl or attaching e~ee~enc Co the effective dace hereof ~C prior co the date the pr~eed Znsured ac~tres for value o~ reco~d the estate or 1nearest or ~rCgage Che~eon c~ered~ chis 2. Rights or clai~ oZ parties in ~esession hoc sho~ ~ Che ~lic records. lase~ncs or c~a~ms o~ ease~ncs ~C sho~ ~ Che ~lic records. 4. Bncroac~ncs, ~erlaps, ~nda~ line dis~Ces, a~ a~ocher ~CCerl which ~uld be d~lc~osed ~ an acetate Juicy or ~nspecc~on of ~he premises. ~ lien, or right Co a ~len, for le~ices, ~or, or ~Ceria~ herecofore or hereafcec run,shed, ~sed ~ ~av and hoc sho~ ~ the ~c 6. ~ claim Chac any parc of said land is o~ed ~ the SCaCe of Florl~ ~ right of m~ere1~cy, and riparian rights, if any. T. T~es for the year of the effective date of this Co~itmen= and t~es or mlmemm~ntl which are ~t IhO~ al existing Xienl ~ the ~lXc records or whX~ ~y be levied or asselled mubse~ent ~o the date hereof. Said =~el ~c~ l~en as of Janua~ I of each year, but are not due and pay~le until N~e~er 1 of =hat same year, pursuant ~o sec=ion 197.333 F.S. Taxes for 1995 are paid tn the groll a~unt of $783.44, Accent No. 0000035778880006. (~t 45, Block 74) Taxes for 1995 are paid In the gross a~unt of $783.44, Accent 0000035778920005. (~= 46, Block 74} Taxel for 1995 are paid in the gross a~unt of $783.4%, ~coun= No. 0000035778960007. (~= 47, Block 74) 8. Restrictions, covenants, conditions and easements as contained tn the Restrictions dated Nove~er 13, ~963, filed Nove~er 1~, 1963 tn Off,cia1 Records Book 154, page 554, t~echer w~=h the amen~en=s, as recorded in Official Recor~ Book 160, page 503, Official Records Book 163, page 88, Official Records ~k 182, page 762, Official Records B~k 979, page 15~2, Official Records B~k 1057, page 1116, Official Records B~k 1072, page 392, and Official Records B~k 1102, page 830, all of the ~blic Records of Collier County, Florida. 9. Res=fictions, covenants, conditions and easements as contained ~n the Restrictions da=ed ~ril 21, 1964, filed ~rll 30, 1964 tn Official Records 166, page 723, of the ~ltc Records of Collier County, Florida. 10. Easements along each ~unda~ of each homestte for drainage Pu~ses and ~1tc utilities, said easements no~ to exceed six fee~ each side of said ~ndarles ~d 30 foot road and drainage easement along eas~erl7 portion of subject lots as let forth on plat recorded tn Pla~ Book 5, page 65, of the ~bl~c Records of Collier County, Florida. Sub, acc ~and lies ~t~htn ~e ~undaries o~ Golden Gate Water/Sew~Dl~Vv~. is .~ect to en~ ets a~e/or assessments thereoS. (~ere ere n~~ [ . Co.~itment~o. Cc~p~ file No. ~A432122 'Agent ~ile No. 0054-339 assessments due or payable as of the ef~ective date of Chis Commitment/Policy.) 12. Sul~JecC land lies within ~n~ries of Collier C~n~y Wa~er~g~n~ District ~r 1 ~ la s~Jec~ ~o any ac~s ~/or assenn~nts thereo~. (~e are ~ ~en~ assess~nts ~e or pay~le as o~ the e~ZectAve date o~ thin C~it~nt/~oli~.) C~Cy ~d will ~ s~lec~ ~o ~u~ure assessments ~ ~llier ~. ~Jecc co ~ash/~age Collection fees. (~ere are ~ ~enc aseess~ncs ~e or pa~le ae o~ ~he efEeccive dace o~ chis C~i~nc/Poli~, ~~e~e~ ~o ~u~u~e as~ess~nc~.} GULF A~I~ICAN LAG~D CORPORATION to ALL FUTURE OWNERS OF LOTS IN GOLDEN GATE SUBDIVISION, COLLIER COUNTY, FLORIDA. DEED 0F RESTRICTIONS Dated November 13, 1963 Filed November 18, 1963 OR Book 154, page 55~ COLLIER COUNTY RECORDS. WHEREAS, G~F AI~RICAN ~'CORPORATION. A Florida co~oration, is the owner and eveloper of certain lands situated in Collier County, Florida, and more particularly described as Sections 21, 22, 27 and 28, Township 49 South. Range 26 ~st, and known and designated as OO~ GATE SUBDIVISION; and W~REAS, GULF AMERICAN ~ CORPO~TION desires to establish and secure the enforcement of uniform restrictive covenants upon the usage and develoDment of lots within the said GOLO~{ GA~ S~DI~SION; NOW, THE~FORE, the said ~rantor does establish the following restrictions for GO~ GATE SUBDI~SION, aa filed and recorded in the public records of Collier County, Florida as above described, and said subdivision shall be subject to the following conditions and restrictions: GENE~L C0]~ITIONS 1. Ail restrictive covenants, listed and/or contained herein are subject, in all instances, to co,ii-ncc with State of Florida and County of Collier health ordinances, restrictions and regulations, zoning regulations or other established pertinent restrictions, and in particular when the said state and county requirements exceed the requirements of the Restrictions contained herein. 2. These restrictive covenants, easements, reservat:ons and requirements upon the lands ~.~ithin said subdivision and any amendments thereto.shall run with the land and rend. in in full force and effect for a period of twenty (20) years from the date hereof, or until GO~EN ~TE S~DI~SION shall become part of an incorporated municipality, whichever event shall first occur. 3. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 4. These covenants and restrictions are severable and the invalidation of one shall not invalidate any other covenant hereof and each covenant shall be independent to such extent. 5. Grantor reserves the right to file a subsequent Deed of Restrictions regulating the use to m.~hich the various lots in said subdivision can be put and establishing zones and designatin~ lots as to zones for the purpose of extablishing minimum size buildings to be located thereon. Continued .... OR Book 154, page 554 (2) ~ 6, The Grantor, its successors, assignees, or duly ' outhorized agent or e;ents, by recorded instrument, reserves the right to subsequently amend, alter, or change these covenants and restrictions, and use restrictions subseauently filed, from time to time by filing an amendment theret~ upon the Public Records of Collier ~cunty, Florida. RESTRICTION A UNIFORM GENERAL REQUI.~.~NTS 1. Easements and rights-of-way are hereby expressly reserved for the creation, construction and maintenance of utilities, such as gas, water, telephone, telegraph, electricity, sewers, storm drains, public, quasi-public and private, as for any public, private or quasi-public utility or fMnctlon deemed necessary and/or expedient for the public health and welfare. Such easements and rights- of-way shall be confined to the rear six (6) feet of every lot and six (6) feet along the side of every building plot, and along every street of the subdivision. 2. Plans and specifications for all structures must be submitted to Grantor, or its duly authorized agent, for written approval as to quality of work~anship and materials, harmony of external design, aesthetic effect, size and existing structures, and as to location with respect to topography and finish grade elevation prior to the commence- ment of construction in said sub~ivision. 3. No signs of any kind shall be exhibited in any w&y on or above the property of said subdivision, including any and all signs to be painted on any side or *see of structure, without written approval and obtaining a permit from Grantor or its duly authorized agent. Orantor res,ryes .the right to issue permits for the erection of certain signs on a temporary .basis which would vary from the usual norm of other signs. Ail permits will be issued to owners only. 4. No husbandry of either animals or fowls shall be c~nducted or maintained in said subdivision; provided, however, that house pets only shall be excluded, from the restrictions 5. No fence or hedge shall be erected or maintained on the property of this subdivis~n which shall unreasonably restrict or Block the view from an adjoining lot, or ~hich · shall materially impair the continuity of the general landscaping plan of the subdivision. For this purpose a hedge or fence shall be maintained st no greater height than five (5) feet, and no wall or fence shall be erected or placed within the front setback lines of any lot, unless said wall or fence shall be ornamental and a desirable feature ~nd shall not in any manner impair the general scheme of the subdivision orca. The grantor may, in its discretion, spprove minor projections above the restricted heights for archit~ctural fcstures. No ~all or fence of any kind ~hatsoever shall be constructed on any lot until after the height, type, design and l~_~?~!o~ , ~ thereof shall have been approved in writing by Grar~o~~~ Continued ..... / ~R ~ ~ ~7T Continued. . .OR Book 15/~, page 55/~ (3) or its duly authorized agent. 6. The laws of the State of Florida and County of Collier as well as the rules and regulations of their administrative agencies now or hereafter in effect with regard to sewage disposal, water ~upply and sanitation are hereby incorporated herein and ~de a part hereof. ?. No trailers shall be allowed on any of the said lots No lot shall be used as'a junk yard or auto graveyard. No trucks or house trailers of any kind shall be permitted to be parked in this Subdivision for a period of more than four (4) hours, unless the same is present in the actual construction or repair of buildings located on the land. In such cases, trailers shall not be used for living pur,oses. No trucks shall be parked overnight in areas zoned Residential. 8. The owners and occupants of land in the subdivision shall have an easement in common for the use of candl waterways. No boathouse, seawalls, dock or boatslip shall be constructed, dug, or excavated into any of the canals until plans for. same have been approved by Orantor, or its duly authorized agent. Likewise, no boat shall be anch?red or structure placed in the waterways adjacent to or withLn the subdivision which will restrict flow of water or freedom of movement. 9. Ail buildings shall be connected, at the owner's expense, with central water and sewer utilities within ninety (90) days when made available. However, wells may be maintained for outside use - including watering of lawns, swimming pools, etc , subject to approval of duly consti- tuted public health authorities. 10. No homesite property shall be used for a real estate office excepting only by approval of Grantor: RESTRICTION B SINGLE AI~ MULTIPLE DlfELLINGS In addition and supplemental to the Uniform General Restrictions, the following restrictions, reservations and easements shall apply to and govern the erection and maintenance of Single and Multiple ~ellings: 1. There shall not be erected or malntalned on the property of that part of this subdivision which is zoned exclusively for residential pu~oses, any structure of any kind other tha~ a one-family dwelling and suitable accessory building, such as garage cr carport for not more than two cars. No garage or accessory buildings shall be used as living quarters, except for employees and bona fide guests, and such garage or accessory building shall not be used or occupied as living quarters prior to the erection of the dwelling. Ail garages must be built on rear half of lot or attached to the house. 2. No single family dwelling shall be constructed on less than one (1) lot, or its equivalent of at lease 10,000 square feet, and no building shall be located Continued .... ~'JJ~r)r~ MAR;I;~97 continued .... OR Book 15~, Page 5~/1 (5) Likewise, as part of the construction of each building,~ there shall be constructed concrete curbin& and &Utters, and storm sewers, plus that port[on of'the unpaved street frontin~ on each such building lying between the said curb and gutter and the street, as paved by 0ranter, shall be paved. Ail of the construction required by this paragraph shall be at the expense of the lot owner and shall be paid for by the lot owner at the heFRby fixed rate of Ten ($10.00) DolLars per lineal foot frontage, concurrently with the erection of a buildir,~ or buildings. It is further understood that lot owners ~ho erect buildings on only a fractional portion of a lot must provide the herein above detailed curbs, sidewalks, gutters and paving for the entire lot. 3. Restrictions for areas zoned 100% Commercial: shall be(nj Buildings erected on lots designated as C-1 limited to stores, offices, business buildings, commercial enterprises, hotels restaurants, bars and theaters. · (b) All structures erected must be of a permanent building material and must include adequate toilet facilities for owners and/or occupants and their employees. No building shell be used or occupied es living quarters except bona fide hoteels. (c) All buildings erected by the owner of only one (1) lot must be built flush to both of its side lot lines. Ail buildings erected by owners of two (2) or more contiguous lots must be built with at least one of its sides flush ~lth a side lot line, and if it is not built flush to the side lot lines of both end lots, the minimum ~idth that can be left vacant must be at least eighteen ~18) feet to permit the erection of another acceptable building at a later date. · (d) When and where the use of party wall is not in conflict with the laws.and regulations governing fire Protection, party ~.~alls are permissible by the mutual consent of all parties concerned. 8. Restrictions for areas zoned Mixed Commercial and designated as C-2 are identical to those covering the areas zoned 100% Commercial except that motels are permiss- ible, and business enterprises herein permit living quarters on the premises, provided said living quarters are located either in the rear or above the street level. 5. 0ranter reserves the right to subsequently file s restriction of record designating the zone of each lot or tract of land in said subdivision and the use to which it may be put. (S L) ATTEST: 0ULF AMERICAN LAh~ CORPORATION By: Edward V. Pacelli, Vice Joseph S. Maddlone Secretary ' President Acknowledged November 13, l~6B, by Ed~ard V. Pscelli end Joseph S..Haddlone, Vice President snd Secretary respectively, before a Notary Public of the County of Collier, Florida, ~hose commission expires January 13, 1~~. (N. P SealJ I I i I I I GULF A~.~ERICAN LAND CORPORATION To ALL FUTURE 01'~IERS OF LOTS IN OOLDEN GATE SUBDIVISION, COLLIER couh'rY, FLORIDA A~NDED DEED OF RESTRIC~ Dated January 22, 196~; Filed Januory 30, 196~ OR'Book 160, Page 503 COLLIER COUNTY RECO~'tDS. WHEREAS, GULF AF~RICAN LA;~CORPORATION, a Florida corporation, has heretofore caused to be recorded of record in Official Record Book 15~, page 55~, Public,Records of Collier County, Florida, a Deed of Restrictions restricting the use to which the properties therein described may be put, and reserve in said Deed of Restrictions the right to subsequently amend same; and WHEREA6, GULF AMERICAN lAND CORPORATION desires to amend certain portions of said Deed of Restrictions; · NOW, THERe-FORE, GULF A~ICAN LA;~D CORPORATION hereby amends the above referred to Deed of Restrictions as follows: 1. Paragraph "1" of RESTRICTION A, UNIFORM GENERAL REQUIR~.~NTS, is amended by adding the following words and figures to the end of said paragraph, to-wit: "Along curved blocks, overhead utility lines ere permitted beyond the front and rear six foot easement, not to exceed fifteen (15) fact beyond said six (6) foot easement, to the extent necessary to service all lots in a particular block. Overhead service wires are permitted across corners of rear yards where side lot lines do not Join in the rear at a common corner. Ail parts of the Deed of Restriction hereinabove mentioned not herein specifically a~ended are to remain in full force and effect. .GULF A~RICAN LAND CORPORATION (SEAL) By: J. R. yden, Vice President Acknowledged January 22, 196~, by J. R. Leyden, Vice President, before a Notary Public of the County of Dade, State of Florida whose commission expires January lB, 1967. (N. P. Seal) GULF AMERICAN LAS'D CORPORATION to ALL FUTURE O:-;NERS OF LOTS IN GOLDEN GATE SUB, DIVISION, COLLIER COUNTY, FLORIDA A~NT TO DEED OF RESTRICTIONS Dated Feb. 20, 196~ Filed Feb. 2?, 196~ OR Book 163, Page 88 COLLIER C0Uh'TY RECORDS %.U{EREAS, GULF ^MERICAN LA~U~ CORPORATION, s Florida corporation, is the ay:ncr and developer of certain lands situated in Collier County, Florida, Dnd more particularly described as Sections 21, 22, 2? and 28, Township 49 South, Range 26 East, and known and designated as GOLDEN GATE SUBDIVISION; and WHEREAS, GULF A~RICAN LASUD CORPORATIOn; did on the 13th day of No'~ember 1963, file a Dee~ of Restrictions as more fully shown in O. R. Book 15~, Page 554, Public Records of Collier County; and WHEREAS, GULF AF~ERICAN LAND C0RPOP~TION did reserve the right to amend said Deed of Restrictions therein; NOW, THEREFORE, GULF A~V~RICAN LA~,TD CORPORATION does hereby amend "RESTRICTION B - SI~;GLE AND MULTIPLE D~ZELLiN'SS, Paragraph 2" thereof by striking the following: "or twenty.-flve (25) feet to a street side lot line" and inserting in lieu thereof the foll,:wlDg: "or thirty (30) feet to a street side lot line" (SEAL) ATTEST: J. S. ~4addlone, Secretary GULF A!~RICAN LAND CORPORATION By: J. R. Layden, Vice President Ackno~.:ledged February 20, 196~ by J. R Leyden and J. S F~addlone, Vice President and Secretary respectively, before a !Votary Public of the County of Dada, State of Florida whose c~mmlssion e):')lres January 13, 1967 (N. P. Seal) .GULF A!4ERICAN LAND CORPOD~TION AMER~D5~NT TO DEED OF RESTRI CTI ONS to Dated Janu,ry 19, 1965 Filed January 25, 1965 ALL FUTURE OWNERS OF LOTS IN GOLDEN COLLIER COUI~TY RECORDS. GATE SUBDIVISION, COLLIER COUNTY, OR Book 182 Page ?62 FLORIDA , WHEREAS, GULF A~.~RICAN LAN~ CORPOP~,TION, A Florida corporation, is the owner and developer of certain lands situated in Collier County, Florida, and more partlcularl3, described ss Sections 21, 22, 27 and 28, Township ~9 S~ Continued Continued. . .OR 5ook 182, pa~e 762 (2) . W~R~S, GULF ~)~RICAN ~ C0RP0~ATION did on the 13th day of Nove~.ber 1963, file a D~ed of Rest~ti~n~__ as more fully shown in O.R. Book 15~, at Page Records of Collier County; and %~R~S on February 22, 196h G~F A~ICAN CORPO~TION did file an Amendment to Deed of Restrictio~s as more fully shown in 0 R. Book 163, at Page 88, PublZc Records of Collier County; and WHER~S, G~ A~RICAN ~5~ CORFO~TION did re,serve the right to amen~said Deed of Restrictions therein; NgW, THE~FORE, GULF AS~RICAN ~l'~ CORPO~TION does hereby amend RESTRICTION B - SING~ AI~ 1,~TIP~ DI.~LLINGS, Paragraph 2' thereof by striking the following: -. "or 30 feet to a street side lot line' ,.and inserting in lieu thereof the following: or 25 feet t~ a street side lot line in all Drcpert~es other than those zoned by the County o~' Collier as R-~." (SEAL) GU~ A~RICAN LiND CORPO~TION A~T: By: J. R. ~yden, Vice President J. S. Maddlone Secretary Acknowledged January 19, 1965 by J. R ~yden and J.~S. Maddlone, Vice President ~nd Secretary respectively, before a Notary Public 'of the S~ate of Florida whose commission expires April 17, 1968. (County not shown) N.P. Seal. , ................. 1 k. SS7 ....... GULF AMERICAN LAND CORPORATION To ALL FUTURE OWNERS OF LOTS IN GOLDEN GATE SUBDIVISION, UNIT 2, per plat recorded in Plat Book 5, Pages 65 through 7?, of the Public Records of Collier County, Florida. . DEED OF RESTRICTIONS ~[S~ Dated April 21, 196~ Filed April SO, 196;4 OR Book 166, page 723 COLLIER COUNTY RECORDS ti I I I I I I I I WHEREAS, GULF AMERICAN LAND CORPORATION, a Florida corporation, is the o:'~'ner and developer of certain lands situated in Collier County, Florida, and known and designated ss GnLDEN GATE SUBDIVISION; and WHEREAS, GULF AMERICAN LAND CORPORATION has heretofore caused to be recorded a Deed of Restrictions, setting forth general development requirements' in said subdivision; and WHEREAS, it is desired to establish the use to which the lots located in Unit 2 of said subdivision may be put, NOW, THEREFORE, there are hereby crested, declared and established in Unit 2, GOLDEN GATE SUBDIVISION, per plat recorded in Plat Book 5, Pages 65 through ??, of the Public Records of Collier County, Florida, a restriction that all lots located in the following blocks are restricted to be used for residential purposes consisting of single family dwellings only, in the zone designated R-I: Block No. 2~ - Lots No. 29 iLL - 31 ALL 32 ALL 35 ALL ~ ALL ALL That all lots located in the following Blocks are restricted to be used for residential pLLrposes consisting of single family dwellings only in the zone designated R-IA: Block No. ' ~ - Lot s No. 50 12 through 37 53 ALL 55 ALL 56 ALL 57 ALL 58 ALL 59 ALL 60 ALL ALL That all lots located in the following Blocks are restricted to be used for residential purposes consisting of single family dwellings only, in the zone designated R-lB: Continued ...... MAR 1 1 I~g7 ~. ~9 __ ! ! I i I ! I ! ! Continued ...... OR Book 166, Page 723 B.lock No. Lots No' 1U - · 19 ALL ALL 20 ALL ,. 25 ALL 26 , 27 ALL ALL 33~ ALL 36 ALL ~0 ALL 41 11 through 20 ALL ~3 ALL 46 ALL 47 ' A LL":~ '~' ~'~ ALL, ~' :' ~8 ALE, (2) Block No. 17 - _Lots No. 21 1 thr6ugh 10 dO 17 thro,Ufh 32 ?6 1 throu~ 10 14 through 26 77 1 through 8 That ell lots located in the following Blocks may be used for residential purposes consisting of multiple family dwellings, in the zone designated R-3: Block No. - lb - Lots No. 17 21 11 through 20 22 1 through 16 16 through 30 ALL 11 through 20 ALL 65 ALL ?2 ALL ?~ ALL 1 through 20 75B ALL 75c ALL 77 9 through 16 That all lots located in the following Block~ are restricted to be used for business purposes only. Coatinued ......... 76 1 through~'13 That all lots located in the following Blocks may be used for residential purposes consisting of duplexes, in the zone designated R-2: Continued... OR Book 166, Page ?23 Block No. Lots No. 22 1 through 15 3O ALL 37 ALL 38 ~ i through lO ALL 7~ ' 21 through 52 75 75A ALL That the size of the buildings to be constructed on these various lots shall conform to the requirements as set forth in the uniform general Deed of Restrictions above referred to. GULF AMERICAN LAND CORPORATION By: Leonard Rosen, President Secretary ATTEST: Joseph S. Maddlone, Acknowledged April 21, 1964, by Leonard Rosen and Joseph S. Maddlone, President and Secretary respectively, before a Notary Public of the County of Dada, State of Florida, whose commission expires January 13, 1967. (N. p Seal) T~I$ ~.4C~'~'r~ £s mA, da thll 12th day o~ ~glY 1112,_by AVA~ f~Z~ l,C.~ t/klm ~C C~ ~nd ~velo~c ~., a Florida ~rp~ratlon, having Its o~- rices 4~ 201 ~h~ra Circle, ~al C~b~es, corded & leZLQ~ ~g ~l~f~ct~ve Cov~n&n~ landa descried therein; and WM~, the ~clarlnL has th4 right and authority co ~nd the i~id ~c~aracionJ and ~n~nts thereto. I. ~e following shall be ad~ed t~ 311 ~oc~nts listed on ~hibit 'A', attache4 hereto, al chi final fl~e~ed paragraph of eac~ d~n~: 'NotwfChlt~nding Any~h~n~ tO one day pr/or to t6e expiratior dat~--~e~eo~, this in~tz'~ent ~hali be automatically extended ~or luc- ce~sive ~etio~J oZ ten {101 yeat~ each, unles, an in- Stz~ent agreeing to chanqe laid covenanto and restric- tion~ in whole or In ~rt, liqrld by two-thirds {2/3) placed in the ~lic ~cotdl, O~ until ~.den Gate S~- division ~hall bec~ parc O~ Afl incor~ra:ed m~lci- -- ~lity, whichever event Jhal/ first occur.' 2. All other te~a and conditions of the Declarations and mn~nt~ on [xhibit 'A', attached hereto, shall ~e~in in ~ull force ~d e~fect. these presents to be signed by Ltl duly authorized corporate offl( and ha~ caused the cor~rate ~cal to be a[flxed hereunto th~ 12t day Of July , 111~, At Coral Cables, ~lotAda. STA~[ O~ ~RZDA: CO~ Or D~E: I HZRZBY CERTITY that on ~ll day ~rso~lly appeared before an officer cuiy authorized to take acknowledqe~nt~, Oenni~ J. PP. EPAERD ~Y: I~ FLOR. 2~1 ALHAI~R% 'L MAR 1 1 1997 I -2- I I l I I I I I I 25, t~&~, Ln Off~ct4~ ~COrdl ~ok ~t ~eco~ded ~&nua~y ~ublLc ~cordl of Qollie~ County, FIOcLd~ql at ?age 12t of c~a ;ubttc ~ecotds o~ Col~er County, florida. ac Piqe 1041 of the P~tt: ~ecords of Collier Caution, r[ortda. a~d =cco:~ed April ]0, 1~$4 iff Official Recorde ~k 1$t, at Page ?23 O~ the ;uot:c ?ccor~j Of CollAe~ County~ Flat,da. 5. Rostrt=tto~l az set out ~fl /nJcr~nc dated Nove~r 17, Pa~e 923 of the P~/LC eeCord~ of CoLlier County, rlortda. and recorded Ja~uory 13, 1970, gn Official Records ~k 331, at Pa~e ~?S o[ tko Public Recorde sE Cold,er County, rlor~da. I. Rest:zee&oas 4~ sc: au: tn instrument dated ~Ce~er at Pa~e $11 of thc Pu~:.c Records o~ Collie: County, rlot~da. ~stt~ct~oas as set out Ln testr~at dated ~Ce~r and recorded January 13, L970 tn Official RecOrdl look 331. 10. Restrictions as set out in ,n~tr~ent dated ~ce~r 2~, ~d recorded Januory 13, 1970 in O~ficiai Wecord~ at Page 483 Of the Public Recotdl Of Collier County, Florida. an~ recorded ~aAuaty J3, 1970 tn O[~c~al Records 12. Reetf~cttonz a~ eet out in ~natr~nt dated Dece~: 2&. 1~ and recorded ~4~uafy 13, Jg?O ~n O~ficiai ~cordl ~ok 338, at Paqe 171 of the Public Records o~ Co~ILer County, rlorLda. 13. ~stt:ctloes as set out ~ lflstr~nt dated ~e 13, and recorded Ju~y A, l~ig, i~ Of~lcLal ~cot~s Page 5S3 of t~e ~bl~c Records of Collect CountT, I ! I I I I I ! COLLIER CO~. ~ed o~ ~ltttct~o~s dited ~ove~t ~3. /9~3 and ~tLed ~;o';e~er Co~J~e~ County. r~or~da, wh~A ~al ~ed by ~fl~nt to G. Ce CAty S~vzsLon ~eds o~ ~lcF~ct~ons and ~n~nts the:Pro ~:~S, ~cl~ant des~reo to ~u~thet ~nd the sa~d ~c Is of ~lt~Ct%Ofll and ~n~ntm tAeteto~ and s~cL~cal~y rose.es t~ rl~ht o~ ~ciaranc to s~oeque~tly ~, ReCords o~ Co~et County. r~or~da: ~cordl og CO:ILeE County ~n the foll~flq partLcular~ 2. Under ~etr~ct~on A, ~n Paragraph S, l/ne m~x, change f '~'.' to toad 'mLx l&l feet.' 3. Under ~st:lct~on A, delete Paragraph ? ~n [t~ entirety. 4. ~ndet Restriction B, fSL~qLe and ~ultip~e ~eL~ings), Paragraph 2, :lAs o~e. lnser~ the words 'or duplex" after the 'a~nq~e f~ly'. ~o, add '~y bu~ld~nq ~n exce;s of = duplex have a mI~LB~ Of ~S,O0~ .q~re feet o~ land area.' al th~ sentence of Paragraph 2. eataqraph 2. shall read at ~ const~cted on les. th~ one Il) lot, Of feet, and ~ bu~ld/nq Ih4~ ~ l~ated o~ afly lot closet ~4n ~rty 130) feet, of furze= ~ ~fty-eevefl (37~ feet ~o ~e front lot line, (except fo~ feel og 8Creep fr~taqe VhACfl 1397 i ! I I I I I 9~1057 mAnAm~ o~ ~,OOO ~re {ee~ or lind i~n~m~ o~ ~200 s~lre feet LLVa~T~ ~nterLor or CAftAnS: ~000 ~lre feet Afl a~: other UndeF ~ttr~ctzon l, delete P~raqriph 4 ~n A~I entirety, o~ CaF~FtO, breetevayo, patios and 750 squere fee~ ~vzn~ area f~Aly uflAt. Hin~n~ lot area of 9,~(0 I~are feet for each dwe~tLnq ~? ~eet, I~de ~et~ck e~ ~ ~eet, ZN YXT~fF. SS I~¢Z:~I~OP, AVATAJ" ?e seiZES ZNC. hal caused these presents ~o ~ -igned ~ Xte du~ ~ .thortzed cor~cate o(~&ceFs /'. J~,. ~.'~ HI~ESS: AVATA~ ?POP~TZ[S ~N~.' ',,' ICcrporice Sel~) ' "'": ...... " ~Sr. vice ~,szCent' ' Attest: ~J~ ~.~' -2- I I I ! I Jl I ~.11. ; ,'~ 00105~ 001111 OR lOOK. P,~ ~: ~u~rt~ for ~ ~r~te ~re~fl e~rmssed, ii o~h offAcers du%7 dm e~ ~Jd SLate of riorx~, th~. ~ ~y of ~ve~r, l~lJ. -3- CO-'-t-lZR COUNTY, F~RZDA. 4 after called 'Declarant", ia the owner and developer of certain landa aituatad in Collier County, Florida, known and deaignated aa Golden Gate ~u~diviaion; and 14~ZR~5 D~clarant caused to be filed and recorded an original Dee& of Reatrictione ~ted N~e~er 23, IS63, and filed Nove~er 24, 1~ In O. R. ~k 154, Page 554 of the Public Recordo of Co~ty, Florida, wi.ich ~ed of Reltrictloma waa ~em~ed on ~anuary 22, 1Sa4 and recorded in O.R. ~k 160, Page 503, and ~urther ~ended Feb~ary 20, 1~4 and re~rded in O.R. S~k l~3,Page 1~ and further ~ended on January 19, 19~ and rc:orded tn O.R. ~ook 1~2, Page 762~ and fur~er ~ded on July 12, 1982 and recorded in O.R. ~ook 979, Pages 1512 through 15141 and further ~ended on Nove~er 29, and recor~ in O.R. ~ok 1057, pages 1116 -~roug~ I!]B, all of the Public Records o~ Collier County, Florida, Restriction~ and ~en~n~ %hereto; and ~E~ the said original Deed of Re~triction. provid~ for and ~pecifically reserves the right of Declarant to sub~equmntly amend, alter or change the covenants and restrictions and from time to %ime by filing an mmen~en% thereto in the Public Record~ of Collier County, rloridal NOW, ~rO~, Declarant does hereby ~end the aforesaid original Deed of Re~trictions heretofore filed in the Public Records of C~llier CG~%:y, Florida in ~hc fcllcwin9 particular~ ]. Under Reltrlctior B, (Single and mul%iple dwellings}, paragraph : ~hall be ~ended to read a~ follow~: "2. No ~lngle f~ily. ~uplex dwelling or triplex dwelling ~hall be constructed on less %hen one (1) lot, or it~ equivalent of at least 10,000 feat, and no building shall be located on any lot closer ~an thirty (30) feet, or further than thirty-seven (37) feet to %he front lot line, (except for pie-mhaped lots of less than eighty (80) feet of street frontage which la.acks to a deFth of the ~int where ~he ~comes eighty 'd0} feet wide); ~wenty-five (25) feet to the rear lot line, and ten (10) feet an interior ~ide 1o~ line, or twenty-five (25) feet :o a street side lo% line." IN WI~SS ~E~OF, AVATAR PROPERTIES, INC. has cat,;ed these presentl to be ~igned by ltl duly authorized co--rate offlc~s, and has c}used ~ts cor~rate seal to be affixed hereunto this ~ day of ~~ , 1984, mt Coral Gable., Florida. ~~. AVATAR PROPERTIES. INC. a Fl~a cor~r/tton~ Dennis 3. Ge.~ Senior Vice ~reaident KATHLEEN C. PASSIDOMO 11997 , { 001872 0003~1 DTATE or FLORIDA COU*/T¥ or DADE ! HEREBY CERTIFY thit on this day, before me, an officer duly authorized In the State and COunty aforesaid to take acknowledgments, personally arpe&red DENNIS ~. G£TP~N and JU~NITA I. RIV~RA, veil known to me ~ be the Senior Vice P:e~l~ent and Secretary, respectively, of A'/atar Properties, Inc., and that they severally acknowledged executing the a~ve ~en~ent To Deed SI Remtr~ct[onm In the p~emence o~ t~ mubacrc~ng wir. nemaea freely and volt~ntarily under authority duly veered In ~ by amid CO.ration and t~at the meal affixed ~m the t~e con.ate seal of maid con.ration. WITNESS my ham4 and D-'facial seal in the County and State last KATHLEEN C. PASSIDOMO ,, ~,.,e.a, ,~.,¢e.~: ~EZ~N CORPO~TZO~. ~/k/n GUL~ ~I~R1CA~ L~ND TO A~ p~EN'~' ~HD FUTURE ~ERS OF LOTS JN COI.~EN GATE SU~DXVZSIONS, COAXER COUNT~, FLORIDA. ~E~ AVATAR PEOPKET1ES INC., a FlorlP, Get.ration, Im~rc'Jn- niter ~alled '~clar~nt". is the owner and developer o~ certain lands situated in Collier Coun:y~ rlorAda, known and desJ~j,ateJ ~lden Gate Su~ivialon~ and ~ ~clarant caused to ~ filed ahd recorded an '~ed of Restrictions date~ Novem~r 13, ]963, and ~i]~d Nov~m~r ]4, 1963 in O. R. ~ook 154, Page ~54 of the Public Records o~ Collier ~ou~ty. Florida. which Deed of Restrictio,a was amended on January 22. ~9~4 and recorded in O. ~. ~ook 160, Page ~03, ar.d further a~,fld~d on ~abruary 20, ]964 and recor~e~ in O. R. Bo,~k l&3, Page ~R; and ~urth~r ~mended on January 19, 1965 ar,d recorded in O. R. ~ook 1~2, Page ~nd further amended on July ~2, 1982 and recorde~ in O. R. Seek Pages 1512 ~hr~gh 1514~ and further amended on Novom~r 29, ]9~3 ~d recorded in O. R. ~ok 10571' Pages 1116 ~hrouuh 1118, end further m~t on ~rc~ f, ltil i~ recorded in O. R. Book 1071 it Pages 992~ And 9~3 all oI the ~lic ~cords of Collier County, l'lorida~ and O ~EREA$ ~clarant deslr,s ~o further amend =he said Deed of ~estrtc[lons and a~n~ents thereto; and ~IEREAS the said original Deed o~ Eestrict]on~ provlden for and peciJically reserves the right o~ Declarant to subsequently amend, leer or change the covenants and restrictions and use restrictions ~rom time to time by filing an amend~nt thereto in the Public Records ~f Collier County, Florida; ' ~ NOW, THEREFORE, Declarant does hereby amend the a~oresaid original ~ed of Bont~iction~ heretofore Jiled in the Public Records o( Collier~ County, ~lorida in the following particulars only: 1. U~der Restriction B, (single family dwellings), paragraph 2 sh~ll be amended to read al ~ollows: '2. In Collier County Zonal ~SF, no ~ingle-~amily less than one (1) lot, or i=~ equivalent o[ at 10,000 square [eeL, and no building shall be located on any lo~ closer ~han thirty {30} feet, or further than thirty-seven (37] feet to the front lot line, (except ~or pie shaped lots o~ li~ than eighty fe~t el street [rontaoe which permits setbacks to a depth el the point ~here the lo~ becomes eighty {80) feet wide)~ twenty-five (25) fee~ to the rear ~ot ~L~e, or twenty-fLys (25) feet to a street Lot LLhe. For requirement. ,or .ingle-~amily dwellino, on non- conforming lots o~ recor~ see Collier County Zoning Ordinance Section ~.12 C~ iai on Page ~9, ~urther 2. Under Rmmtriction ~, {mltiple ~amily dwclllngs], paragraph 4 shall ~ ~,ended to read as d~ellln9 shall be constru.:ted on a lo~ lams than 100 feet ~ide and ~i:h ?,~60 square ~eet ir, arcs each d~elling unit. All multiple dwellings, of carport, breezeways, garages, utility rooms, open patios and porches) must contain m mini,~ of 750 square ~eet o[ living area ~r family unit. Front s~t back of 3~ feet, side mai back ~ lb [ect, and =ear set back o' 25 ~eet mu.t ~ ,,,distain-cl. MAR I 1 i For requirements for multifAmily dwellings in Sones RR~'6 on non-conforming 1;ts of record, see Collier County lonln9 Ordinance Section ?,12 C? (b) on P&~e 37, Nd further on ~sge Iii. In Collier County 1ones R2AF12~ &ll of the AbOve Ipplles exc~ptt ~t size 150 feet ~d one ~cre in ~ea~ and for dwellings on non-confoalnq lots of record, (olller Co~ty ~9ulations In S, crOon 7.11 b i3) Pa~ 19 must ~ foll~d.' preatnts to ~ al~ed by its duly authoriz~d co~rate o~fiCers, and AVATAR PROPERTIES INC., .. a Florida Corporation '\ ? · ~y:~,,:....': Senior Vi~e President Secretary STATE OF FLORIDA ) COUNT'/ OF DA.DE ~ SS. I ~E~EBY CERTIFY, that on this day before me an officer duly authorized to take acknowlediements of deeds, Personelly appeared Dennis J. German and J~nita I. Rivers, ss the Senior Vice President and Secretary, respectively, of Avatar Properties Inc., a corporation ~der the law~ of :he State of Florida executed the foregotnl instrument on behalf of said corporation, sn~ that the seal affixed to cbs said instrument was so affixed by authority of said corporation, and is in fac: the corporate seal of the said corpora:ion. I FUR'~R CERTIFY, chat the persons making this acknowledgement are to me well-kno~rn to be :he persons described in and who as the President and Secrecar7 of the said corporation executed the said instrument as aforesaid. Itl ~'iTNESS W3iEP~EOF I have hereunto'set my hand ~nd afltxed my official seal ac cbs Cit7 of Coral Gables in the Count and · this th ' · llth day of Septmmber, A.D., 198~ Y S~te aforesaid, My commission exptres~ .. :. [A~ I I p- Z .Z >_> Z 'r °z ~ o rLJ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 ~, -- HECK NO.~ .e INVOICE NO. PETITION NO. V-96-25 TODD PRESSMAN REPRESENTING J.H. WILLIAMS OIL CO. INC. IS REQUESTING A 37 FOOT SIDE YARD VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 40 FleET, ESTABLISHED FOR CAR WASHES IN THE C-4 ZONING DISTRICT TO 3 FEET FOR A PROPERTY LOCATED AT 1095 NORTH COLLIER BOULEVARD ON ~iARCO ISLAND. O~kTECT~: The petitioner is requesting the above described variance in order to expand and build a car wash in an existing automobile service station. The applicant is in the process of remodeling and expanding an existing gas station. The original building, built in 1969, complies with all current setback requirements. The applicant is planning to build a car wash on the west side of the site. This proposed car wash will be 3 feet from the property line. The Collier County Land Development Code contains specific setbacks for automobile service stations in all zoning districts. The LDC also contains a 40 foot setback for all yards in the C-4 zoning district for car washes. The applicant wishes to almost double the size of the existing building from 1400 square feet to 2600 square feet. The applicant also wishes to build a separate 648 square foot building for a car wash. This site contains 0.74 acres of land. With larger setbacks established for automobile service stations and car washes, there is physically not enough room to do all these expansions without a variance. The Collier County Planning Commission will hear this petition on March 6, 1997. The recommendation of the CCPC will be presented to the BZA at the public hearing. Staff recommends that the BZA deny this petition. FISCAL IMPACT: None. G~TH ~MENT IMPACT: None. Staff's analysis indicates that the petitioner's located outside an area of historical and a~chae~l~ probability as referenced on the official Col!ie~ Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING C~ISSION RECC~4ENDATION: The CCPC recommendation will be presented to the BZA at the public hearing. PREP.~J{ED BY: CHA/:RAM BADAMTCHIAN, Ph.D. , AICP SENIOR PLANNER DATE REVIEWED BY: J. MULHE~-~;' AICP, MANAGER DATE CURRENT PI2%NNING SECTION DONALD W. AJ{NOLD, AICP, DIRECTOR PLANNING SERVICES CAUT~R0' ADMINISTRATOR DATE COM>fUNITY DEVELOPMENT & ENVIRON-MENTAL SERVICES DATE 2 1997 FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLA2~NING CO{4MISSION COMMUNITY DEVELOPMENT SERVICES DIVISION January 27, 1997 PETITION V 96-25 ~ENT/;tPPLIC~T: Agent: Todd Pressman Todd Pressman & Associates, Inc. 28870 US Highway 19, N. # 300 Palm Harbor, FL. 34621 Owner: J.H. Williams Oil Co. Inc. 1237 East Twiggs Street Tampa, FL. 33601 REQU]~STED ACTION: The petitioner is requesting a 37 foot side yard variance from the required side yard setback of 40 feet, established for car washes in the C-4 zoning district to 3 feet. GEOGP3kPHIC IX)CATION: The subject property is located at 1095 North Collier Boulevard and is further described as a portion of Tract "G", Marco Beach, Unit 4, in Section 8, Township 52 south, Range 26 east, Collier County, Florida. This property consist of 0.74 acres. I~JRPOSE/DESCRIPTION OF PROJECT: The applicant is in the process of remodeling and expanding an existing gas station. The original building, built in 1969, complies with all current setback requirements. The applicant is planning to build a car wash on the west side of the site. This proposed car wash will be 3 feet from the property line. SLrRRO~TNDING I2%ND USE A~ND ZONING: Existing - Gas Station, zoned C-4 Surrounding: North - Bank Building, zoned C-4 East - Church, zoned RSF-4-RP South - Shopping Center, zoned C-4 West - Shopping Center, zoned C-4 -1- · MARl11997 HISTORIC/ARCHAeOLOGICAL IMPACT: Staff's analysis indicates located outside an area probability as referenced Probability Map. Therefore, and Assessment is required. that the petitioner's property is of historical and archaeological on the official Collier County no Historical/Archaeological Survey EVALUATION ~OR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or environment. ARALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circL~nstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, the site contains a fully functional gas station, which was built according to Code. The applicant wishes to almost double the size of the existing building from 1400 square feet to 2600 square feet. The applicant also wishes to build a separate 648 square foot building for a car wash. This site contains 0.74 acres of land. With larger setbacks established for automobile service stations and car washes, there is physically not enough room to do all these expansions without a variance. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relmtive to the property which is the subject of the variance request? No, all conditions are self-imposed by the applicant. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship applicant? -2- No, denial of this variance will not cause any undue hardship. The business is existing and functional. The applicant has the option of either expanding the retail area without the car wash or building a car wash next to the existing building with a smaller addition to the retail area. d. Will the variance, if granted, be the minimLun variance that will make Possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not required to make possible the reasonable use of the land. Furthermore, as proposed, this addition will make internal circulation difficult. e. Will granting the variance requested confer on the Petitioner any special privilege that il denied by these zoning regulations to other !ands, buildings, or structures in the same zoning district7 Yes, the Collier County Land Development Code contains specific setback requirements for gasoline stations and car washes in the C-4 zoning district. All car washes in the C-4 district have the same minimum setbacks. Allowing this station to build a car wash by reducing the setbacks will be a privilege that is denied to other car washes in the C-4 zoning district throughout the County, unless a similar variance is granted. WAll granting the variance be in harmony with the general intent and purpose of this Land Develo]:~nent Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, reducing the side yard setback will not be in harmony with the general intent and purpose of the LDC. Furthermore, this addition, as shown on the plot plan, will create a traffic circulation pattern which will conflict with the existing gasoline pumps. g. Are there natural conditions or physically induced condition= that ammliorate the goals and objectives of the regulation such as natural Preserves, lakes, golf courses, etc.? No. Will granting the variance be consistent with the Growth ~4anagement Plan. The approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF PSCOMM]~NDATION: Staff recommends that the CCPC forward Petition V 96-25 to the BZA with a recommendation for denial. PREPi~LED BY: ~F~ARRAM BADAMTCHIAN, Ph.D., AICP SENIOR P LA~NNE R DATE REVIEWED BY: ~OBB~T J. MULHERE, AICP, MANAGER CURRENT PL~/~NING SECTION ~)~NJLLD W. /~U'IOI,D, AICP~ DIRECTOR DATE DATE >RVI CES · I~CE,~T A. CAUTERO, ADMINISTRATOR DATE COP24LFNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-96-25 Staff report for February 20, 1997 CCPC meeting. This Petition has tentatively been scheduled for March 11, BZA Public Hearing. 1997 Collier County Planning Commission: MICHAEL A. DAVIS, C}U~IR~UtN -4- MAR 1 1 1997 vaa~m~c£ (VAt'CE FRO~ SETaA~K REQUIRED FOR A PARTICU~%R ZONING DISTRI i ECE VED PETITIONER,S NAME J.H. Williams Oil Co, Inc. (AGENT: Todd Pressman of Pressman & ssoc a es, nc. PETITIONER,S ADDRESS 28870 U.S. H_~hwa~ 19~ N.r ~300 Palm Harbor, FL 34621 TE LE PHONE813- 726-8683 AGENT'S A/JDRESS 28870 U.S. Hi hwa 19 N.t ~300 _ .Pal~m harbor, FL 34621 _ SUBDIVISION - SECTION -- (If legal d~n is len~,,~ ~ TWP. ~ PJ~NG~.' ~& description,~ .... - =thy, 1.e. metes & bounds -- - ~~uoltional page) CURdRENT ZONING OF SUBJECT PROPERTY ~--~ EXISTING LJMND USE ON SUBJECT PROPERTY _gasoline station A-DJACENT ZONING & LA,ND USE ZONING LAND USE Bank Commercial center (shopping) Commercial center Church/cemetary MINIbUjM YAJ{D REQUIREMENTS FOR SUBJECT PROPERTY According to Pit. Bellows, gas stations have greater set backs, Section 2.6.28 FRONT: ___~_Q, ~ -- CORNER LOT: ~ (CIRCLE ONE) SIDE: (in this case another front on-!?f~5~~~ WATERFRON LOT: ~YES_ (CIRCLE ONE) REAR: (inte~rior side):'4___0, AG£~,~ ITEM MAR 1 1 19'97 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. .Th ' · is effor~ involves puttin~ two additions onto an existing gasoline structure. On th~ide is an addition at 10' by 28'. This is not a problem with set backs. The~side of the building is proposed ~n addition of 32' by 28'. This addition proposes to move into that side's set back, by a measure of 10'. There is a 50' building set back line. The current property owner bought the site in August 31, 1995. Property Appraiser reports that first construction occurred on the site in 1969, and the size matches the existing store size at the site nOW. According to Mr. Bellows, there are special set backs for gas stations, section 2.6.28 that call for the more extreme set back requirements. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and. that the Board of Zoning Appeals shall be guided in its'determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. ; · .2 NAR 1 1 1997 e Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. t Are there special conditions and circ-m~tances which do not result from the action of the applicant such as Pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create pract'lcal difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 3 I PRESSMAN & ASSOCIATES, INC. I Govftol Affolr~ or~ I~Jbllc Relatlor~s J.H. Williams 011 Co. Set Back Vaziance 1) This request arises ~stly due to the already exis~ ~x~ildi~, gas ~, tanks and all other mxistin~ stru~ures found ou an operat/n~ gasoline s4z~vice station. The m~j_n thrust here is a sorely ~ ~, r~t2b~ and installation of a first class operation. This is beir~ pLaZ~-~K~ both aes~tically and functionally. It is t]~ existence of the site, t,~ilt to ac=eptable ar~ e. Uc~able levels at the time of construction, that nc~ cause the plan~ problems Ln ad~ s(~ae square footage to Lhe pri~ cn~stc~ner site. OkT¢iously yL~u C~LIy want to w~re it adjoins pro~r service uses, onto an ex~tir~ locat_ic~% of td%e sits. The location of th~ addition cx)incides with the logical and ne~ area td~ere t/le ad~litior~al uses mzmt oc~:ur. The a4ktitional uses ~e/~ate ~ site f~ tJme t~ic~ k~er and gas "joint" to the new cutting edge, ~ti ~ervice, mirzi-~zlm~rksts all of these types of sites are moving into. In add/tion to t~ existin~ k~Ltlt site, further decisions are h~red by the location of ir~frastz~ure sL=-,o~ the site, and ingress [x~ints ar~ interior drive aisles. 2) The pre-existing cor~iitions as noted abov~ are the result of allowable and permissible building oermits issued ~n the County, and the resultir~ c~. It is the nc~ existing site, clashing with today's require~lents, ar~ exT. r~ .market conditions, that cause the hardship to develc~. ~s a corollary, if the site were vaceunt, ar~ being newly b~Lilt, there wouuld be no s~rt for the h~p ~ r eSULlt i/qg vari~unce. 3) Yes. The County allowed th/s site to exist a long time ago. Now that t/%e /~tz7 is urger a revolution to dran~tically in, rove these sites, to just even survive, a loss of tb/s vari~ce will plunge this site into disrepair and a severely capacity to in any way comte. It will also not allow the site %o be developed to the aesthetic starx~ards for the area. 4) Yes. Us~lly ~ore sq%uare footage is added to a site of this nature. This was a site that was scaled back to /nclude the k~re essentiais only and is t_he ~ necessa~ to meet the d.~mand and market and aesthetic levels required. 5 ) No. We seek only similar development, eoo~o~ic and market effect as Jn any other district may provide. This seeks to place ~ site o~ a even playing filed. 6) The area i~iately surrounding the site is ~cial and co~ercial/o£fice in genera/ euud cc~lies with ~ uses in the i~ate vici~ty. It cel~y ~eets the intent of tl~ code. The side that the set ba~k is actually asked for ab~ to a street. There is no direct atx~tter to the _~_~tic~ls To the rear, ~ site abuts a cc~w~ercial center, slated s4x~n for a ~Jblix ak~rket. It is very hard %o beli~ve tb~t any ~rsons in .t.h.e neighborhoc~ cc~d be negatively effected, ar~ e__v~ne will ~x~st probably be thrilled with the improvements. ~t pretty much is ~ concrete/asphalt slabo · ~?~ US Highway ~ N. · Sult~ ~O0 · Cl~v~l~r, FL 94~2! Phon~ ~1~-726-VOTE (~3) · Fa~ ~3-?~-3~7§ · Pager 1-~00-$~4-~444 ~- ~/~-:-..., 8) Yes answers to the questions in this ~application, and all sketches, data, and other supplementary mat~er .of this application, ar- ~-- ..... attached to and made a part completed and acc~. ~~.a~ .this application must be ~~-~ f~~ to act as my representative Fay m;~$"~:':,arding th~On' State of Florida / ~SI~~ O~ ~R cou~ o~ ~ ~,~.~ / / Tbe_~foregoing Agr~gment Sheet was acknowle ~ d~ ~.(.~-L ..... ~ , 199 ' ~ge~ b~ore me this ~,,u WhO Cl~ (dic not) t~ oath. - -- ,~,,~uure o~ N~ary Public)-- VA~.T~A~C~ APPL~CAT~ON/~:~ State of Florida County o~ ~ ~'~ The foregoing Agreement Sheet was acknow e be re me this ----- n oath. - '" NOTARY PUBLIC Commission ~ My Co~issio~ Expires: - 5 NOTARY PUBLIC Commission # MAR 1 1 1997 J. H. Williams 011Conapnn¥, 1237 Ealt Twloge Street · P.O. flox 439 · T&mp&, FL 33601 ° (813) 228..7776 · FIx (813) 224-9413 September 2G, 1996 Brac~'~o~ FL 3420 (941) 746-212J I~m'~t C~/, FL 33,'~ (813) 752.714' To Whom It May Concern: Todd Pressman, of Todd Pressman & Associates, 28870 U.S. Highway 19 North, Suite 300, Clear- water, Florida 34621, is authorized to re- present J. H. Williams Oil Company, Inc. be- fore any board for reasons of variance or other zoning concerns. .Very truly yours, J. H. WILLIAMS OIL CO., INC. mer L. Serving the Petroleum Ind~try ~lnce 1945 Z '- ^6£ ~ £" ? 8 ~3 ~7 ~8 ~7 ~9 2 ~LATING TO PETITION N~F_J~ V-96-25, FOR A VA~AJ~C~ ON PROP~ 4 ~J~IN/LFT~3~ D~C~BED IN COL~I~iR COUNTy, FL/DR/DA. WH~3~AS, the Legislature of the State of Florida in C~apter 125, Florida Statutes, has conferred on all countiez in Florid& the.power to est&Milch0 coordinate and enforce zoning and such business rm~ulations as are necessary for the protection of the publicl and WHEREAS, the County pursuant thereto has adopted a Land Developaent Code (Ordinance No. 91-102) which establishes regulations for the zoning of Particular geographic divisions of the County, aaong which iL the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted ~oard of the area hereby affected, has held a public hearing after notice ae in said regulations made and provided, and has considered the advisability of a 37-foot variance from the required 40 foot side yard setback established for car Washes to 3 feet for property aa shown on the attached plot plan, Exhibit .A~, in a C-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning ell applicable matters required by said regulations and in accordance With Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, ahd the Soard having considered all matters presented~ NOW TIIEREPORE 8E IT R~SOLV~D DY 'A'IIM UOAHo O¥ ZONING APPFiAL~3 of Collier County, ~/orida, that: The Petition V-9~-25 filed by Todd Pressman of Prsszman Associates, Inc., representing J.H. Williams Oil Co~pany, Inc., with respect to the property horeinaftor doscrlbod as: EXhibit PACE I MAR 1 1 1997 ~ and ~he la~e hereby is approved for n 37 f~ot variance fron 2 r~ired 40 foot side yard set.ok eatablish.d for car washes 4 ~lbit "A", of ~m C-4 zoning d~m~ict ~Irlin Paid 5 l~ted. 6 BE IT ~OL'~ ~at ~ls ~solu~lon rela~lng to Petition 7 V-96-25 ~ recorded in ~e minutes of ~il Board. I Coniasioner offered ~e forgoing 9 Relolu~lon and Bored for its adoption, seconded by 10 and upon roll call ~he vote was: ~2 ~6 AYES: NAYS: A,~SENT AND NOT VOTING: ABSTENTION: Done this day of 1S ATTEST: 20 DWIGHT E. BROCK, CLERK 22 ., 1996. 23 24 27 MA~JORIE N. STUDENT 28 ASSISTANT COUNTY ATTORNEY 30 31 33 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOT~Y h. HANCOCK APPROVED AS TO FOP. M AND LEGAL SUFFICIENCY: V-96-2S VARIANCE RESOLUTION/18610 , CHAIRMAN PAG~ 2 NORTH COLLIER BOULEVARD (COUNTY ROAD NO.gS1) :., ~ ,-.., .:. ,.-, '.-: . ._-~..., ...... ;.: .% _., ........ £xh±blt i I LEGAL DESCRI'PTION: A PORTION OF TRACT 'G' OF 'UARCO BEACH UNIT FOUR' AS R~CORDED IN PLAT BOOK 6 AT PAGE 36 OF THE PUBUC RECORDS OF C0t. UER COUNTY, FLOR. IDA. BEING bIO. RE PARTICULARLY DESCRIBED AS FOLLOWS: COMuENCiNC AT THE CE.NTE. RuNE INTERSECTION OF N AND ELKCAM CIRCLE. RUN WESTERLY ,.f ,-~, ...... - CC~UER ,BOULEVARD COLLIER BOULEVARD ALONG THE ARC Of' A CURVE TO THE LEFT HA'~4NG A n,.~,~., ~1~. C~-NTERLINE OF N. RAD;US OF' 2000.00 FEET AS SHOWN ON SAID PLAT OF '.UARCO BEACH UNJT FO. JR' THRU A CENTRAL ANGLE OF 07 DEGREES 44 UINUTES 12 S~CONDS FC~., 270.0.5 FEET; THENCE SOUTH 2] DEGREES 03 UINUTES 46 SECONDs EAST FOR 50.00 FEET; THENCE £ASTERLY ALONG THE ARC OF A CIRCULAR CUR'.--_ TO THE RIGHT HAVING A RADIUS OF lgso. o0 FEET THRU A CENTRAL ANr~-Z OF 00 DEGREES 57 ~INUT~S 41 SECONDS FOR 32.72 FEET TO THE PO;NT OF BEGINNING OF THE PARCEL HEREINAFTER DESCRIBED; THENCE CC~,'TNU/NG EASTERLy ALONG THE ARC OF THE CIRCULAR CURVE TO THE R CH- HAV1NG A RADIUS OF lgSO. O0 FEET i"HRU A CENIRAL ANGLE OF 04 D"--"~:~-S 47 L~INUTES .55 SECONDS FOR 163.$2 FEET TO A POINT OF CC~-':~.UND CURVATURE: THENCE SOUTHEASTERLy ALONG T'NE ARC OF A O.--.CL'LAR CURVE' TO THE RIGHT HAV1NG A RADIUS OF 25.00 FEET THRU A CE~";':.-'L ANGLE OF g3 DEGREES 40 ~INUTES 55 SECONDS FCR 40.88 FEET: 1%'--'..'..-~' SOUTH 1~ DECREES .$7 ~'~NUTES 15 SECONDS EAST FOR t53.26 FE:~..-: THENCE SOUTH 68 DECREES 56 ~NUi'ES ~4 SECC~VDS ;',~ST FOR 16'.'.0_' FEET; THENCF. NORTH 21 DECREES 05 L?INUTES 46 SECONDS ¥,'~ST FO.-'. '-:2.73 FEET TO THE POINT OF BEGINNING. (CC",'?-';NINC: 32,299 SOUARE FEET ,, 0.74~5 ACRES L;O~E C2 LESS) Exhibit No, I,~.~ .1. 1 1997 EXECUTIVE SUMMARY PETITION NO. V-96-33, JOHN P. ASHER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING EL PARTNERS OF NAPLES, INC., REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED MULTI-FAMILY REAR YARD ACCESSORY SETBACK OF 20 FEET TO 10 FEET FOR CONSTRUCTION OF A SWIMMING POOL FOR PROPERTY LOCATED ON BON1TA BEACH ROAD (C.R. 865), FURTHER DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NORTI-tWEST QUARTER OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF 5.6 ACRES MOKE OR LESS. OBJECTIVE: This petition seeks a variance to the required setback for accessory structures (i.e. pool area) in connection with multiple family housing of twenty (20) feet to ten (10) feet. CONSIDERATIONS: The property fronts upon the south side of' Bonita Beach Road and extends to the waters of Little Hickory Bay. The area of the variance is That portion of tile property contiguous the waters of Little Hickory Bay. The currently available amount of' land area lying between the main building and the Mean High Water Mark is constrained for purposes of building recreation amenities (i.e. pool and lounge area) appropriate for the quality of this location and its real estate value. In response to the Board's direction at the time of rezoning this developer established a greater setback from Bonita Beach Road than otherwise required. In this regard given the result they may have been overzealous in responding to this concern The location of the property while not peculiar is nonetheless special because it fronts upon a large body of water which does not affect the historical function and importance of setbacks which have their derivation in enhancing open space, circulation of light and air, and impact upon adjacent property. Obviously given its orientation .none of these objectives or relationships are affected. Therefore, nothing is lost in terms of planning objectives if the recreational amenity is located nearer the Mean High Water Mark than is required of development properties not located on a large body of water. The required findings eslablish tile bases for unusual circumstances and practical difficulties. The Collier County Planning Commission heard this petition al their public hearing of February 20, 1997. They unanimously (6 to 0) recommend approval of the variance request. No person spoke or otherwise communicated any objection to this petition FISCAL lblPACT: None. AG£ND~ IT [[Pd~ mo. MAR 1 1 1997 PI. GROWTH MANAGEMENT IMPACT: ~orle. PI~NNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends approval of Petition V-96--33 being petition seeking a variance to the minimum setback requirement for accessory structures fronting on water body or golf' c. ourse of twenty (20) feet to ten (10) feet for property described in the Rer,.olution of Adoption and Exhibits thereto. PA B CHIEF PLANNER DATE REVIEWED BY: ~. ML~IjHERE, AICP CURRENT PLANN lNG M~.~IAGER DONALD W. ARNOLD, AICP PLANNI, NG SERVICES DEPA~IENT DIRECTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE V-96-33 EX SUMMARY/md 2 MAR 1 1 1997 TO: FROM: DATE: RE: MEblORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION ,a. JANUARY 24, 1997 . PETITION NO: V-95-33, BRIDGEWATER., A CONDOMINIUM OWNER/AGENT: Agent: Mr. John Asher, P.E. Coastal ' ' ~ Englneenng.E~d~ants, Inc. 3106 South HorseshOe Dry, Naples, Florida 34104 REOUEST~_ D ACTIQN; El Panners of Naples, Inc. 4975 Bonita Beach Road Bonita Springs, Flarida .~.41'34 (Earl L. Frye, Pros]dent & Owner) This petition seeks a variance to the required setback for accessory, _~ ructures (i.e. pool srea) in connection with multiple family housing of twenty (20) feet to ten (10) feet. GE.~R~__PHIC LOCATION: ~ t: The property fronts upon the south side of Bonita Beach Road an~ extends to the waters of Little Hickory Bay (See illustration following page). P~JRPOSEfD..ESCRIPTIQN FOR VARIANCE~ The purpose of this petition is to seek relief from the required rear yard setback dimension of twenty (20) feet, to accommodate a pool and supporting deck area. The current available dimension would make it impossible to construct a pool and supp,ning deck area for a residential multiple family principal structure which fronts upon Little Hickory Bay. The petitioner is requesting a variance often (10) feet which would leave a setback from the mean high water mark often (10) feet. AGEN, MAR 1 :0 _SURROUNDING LAND USE AND ZONING: Existing: A multi-story residential condominium structure is currently under construction. The property is zoned KMF-16. Surrounding: North- Bonita Beach Road and the boundary line between Collier County and Lee County. The Lee County side is commercial in nature· East- A multi-~tory residential condominium structure. The land is zoned PUD. West- A dry and wet storage marina facility. The land is zoned "CF" Community Facilities· South- The property fronts Little Hickory Bay. GROWTH MANAGI~MENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. ~__~ .~TORIC/AR(~HA EOLOGICA, L IM PA ~-"1'; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVA,LU^T]ON FOR ~'NFRASTRUeTURE: ENVIRQNMENTAL~ TRANSPORTATION AN'I? Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS.'. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection ~4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: MAR 1 1 1997 Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, er building involved? No, however when the land was recently rezoned the Board of Commissioner's specifically asked that the building be setback from Bonita Beach Road a greater distance than the required setback. In making this decision the developer failed to account for retaining a sufficient setback from the Mean High Water Mark to accommodate a swimming pool and elevated patio area. The location of the property while not peculiar is nonetheless special because it fi'onts upon a large body of water which does not affect the tfistorical function and importance of setbacks which have their derivation in enhancing open space, circulation of light and air, and impact upon adjacent property. Obviously given its orientation none of these objectives or relationships are affected. Therefore, nothing is lost in terms of' planning objectives if the recreational amenity is located nearer the Mean High Water Mark than is required of development properties not located on a large body of water. Are there special conditions and circumstances which no not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No, there are no pre-existing conditions relative to the subject site. The developer made a decision albeit encouraged by the action of rezoning the property which resulted in a setback to the building of approximately 220 feet from Bonita Beach Road and which constrained the amount of land left between the building and the Mean High Water Mark. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue t, ardship on the applicant? Yes in the sense that the developer will be unable to build recreational amenities and a swimming pool commensurate with the quality and value of the building and its waterfront orientation. It is unnecessary because the application of the setback requirement is based on a more typical lot orientation. Use activities associated with this development already extend out into the body of water for which is a land lease, and is therefore effectively a part ofthe development tract. This use is for boat docks and attendant boating activities. This changes the literal application of how the rear lot setback is measured from the fee lot line to the Mean High Water Mark line, which is landward of the owners land holding. However, by virtue of definition we are required to use the Mean High Water Mark line for measuring setbacks to accessory structures even though the lot may extend out into the water beyond the Mean High Water Mark. AOEND~J Ill[k~ ~ No, ~ I AR 1 1 1997 f. go Will the variance, il' granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, however that is not to say that the variance if denied would negatively affect standards of health, safety and welfare. A lessor recreational amenity improvement that is consistent with regulations may affect the economic viability of the condominium project could only be justified if health, safety and welfare objectives were jeopardized. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of the requested variance will allow the petitioner to construct an accessory structure upon a site 'with a reduced rear yard setback, however, all variances effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The granting of this variance will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In the first instance this development has no neighborhood relationships and for all practical purposes is an isolated development, and in the second relationship the public welfare is not jeopardized if a recreational amenity is placed nearer the Mean High Water Mark than twenty (20) feet given the fact that the property extends beyond the Mean High Water Mark which has additional use amenities. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Often times the setback of principal and accessory structures from water is to facilitate the public walking along the water front. Conditions along Little Hickory Bay (i.e. mangroves and existing development) preclude any possibility of this, therefore, the need to preserve open, unencumbered space at the shoreline of waterfront areas is not as important as in the case of more representative beach front conditions. Other physical conditions that ameliorate the goals or objectives of the regulation include the fact that use activities emend into the waterway. Therefore, the property takes on the appearance of a continuous accessory amenities activity extending from the principal structure into the waterway. Under this condition there does not appear to be a great deal of justification from applying the literal intent of regulations because they don't accomplish what they were intended to accomplish. 4 No. ~ Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Manageme. m Plan. ~E~,._~E C OM MEND ATI ON; That the Collier County Planning Commission (CCPC) recommend approval of Petition V-96-33 being a petition seeking a variance to the minimum setback requirement for accessory structures fronting on a water body or golfc, ourse of tweaty (20) fe~ to ten {10) feet fro' property described in the Resolution of Adoption. CHIEF PLANNER PdSVIEWED BY: RT ~. MULHEP, E, MC? C ~~~__.~,~_PLANNI'NG MANAGER DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ~iZN~EN:r A. CAUTERO, ADMTNIS-fRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number V-96-33 StaffReport for February 20, 1997 CCPC meeting. NOTE: This Petition has been advertised for the BCC meeting COLLIER COUNTY p~G COMMISSION: MICHAEL A. DAVIS, CHAIRMAN V-96-33 STAFF. REPORT/pd AGE D I , BAR 1 1 1~7 .__..' r' %rj~ C~ pETITION_ (VAR~~FROM SET~A=K (S) REQUIRED FOR A PARTICUIJtR ZONING DISTRICT) PETITIO~ No. ~ ¥' 9 6-3 ~ PETITIONER'S NAMiE EL Partners of Naples, Inc. PETITIONER'S ADDRESS 4975 Bonita Beach Road Bonita Sprin_~ Florida 34134 TELEPHONEJ_941)498-6674 AGENI'S .ADDRESS Coastal Engineering Consultants, Inc. ..--- .l 3106 So'uth Horseshoe Drive, Naples, Florida 34104 TELE?HON=-(941)643'2324 LEG.~. DESCRIPTION OF SUBJECT pROPERTY: LOT(S)~ BLOCK(S)__ 48S RANGE 25E SUBDIVISION N/A SECTION 5~ TWP. (If legal description is lengthy, i.e. m~tes & bounds .. description, attach addi%ional page) CU?~ENT ZONING OF SUBJECT PROPERTY RM.F- 16 EXISTING LAND USE ON SUB.CT PROPERTY ~ri~water Condominium ~SDP-96~54) under construction. ~DJACENT ZONING & L=~D USE LL%-D U S E_ ZONING_ -- -- Bonita Beach Road N S Water E PUD W CF Little Hickory Bay Hickory Bay West Condominium Barefoot Boat Club , _ MINIMUM Yi~RD p. EQUItLFJiENTS FOR SUBJECT pROPERTY FRONT: i/2 buildi_nq h_eight SIDE: 1/2 buil ding_~ight REA3{: 1/2 building height Rear AccessOry iPeol): 20' CORNER LOT: N_O/YES_ (CIRCLE.ONE) WATERFRON LOT: NO/YES (CIRC, LE ONE) ~IAR 1 1 1997 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, I.e. reduce front setback room 25' to 18'; when Froperty owner purchased property; when existing principal structure was building (include building permit number ii possible); why encroachment is necessary; how existing encroachment came to be; etc. This request covers a proposed pool to be located in the rear yard of the RMF-16 zoned property. The requested variance is a reduction in the multi-f:~mily rear yard accessory structure setback from 20' to 10'. The reduction is necessary because the seven (7) story resident/al condominium building was kept as far away (south) from Bonita Bc~ch Road az possible at the request of the Boa.rd of County Commissioners during the publ/c hearing for the rczoning. The building cannot bc moved because it is currently under construction (Permit No. 96-8666). The building was also kept as far south az possible because the adjacent multiple story dry-stack boat storage building is located on the southern end of its' property and would block views from residential units. The architects' initial plan proposes the edge of the pool to only be 4' from the rear of the building. This is not acceptable from a safety and accessib[Hty, as well as a marketing standpoint. Please note that staff' and the Collier County Planning Commission shall be guided in theix recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its' determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The subject property is bounded by water on two (2) sides, south and east, and there are permitted boat docks in the rear (south) of the property that will extend past the Mean High Water Line as well as the proposed pool encroachment. The property is significantly wider, north to south, than the adjacent residential property and as a result it was deemed important to keep the building as far away from Bonita Beach Road as possible. 2 MAR 1 1 1997 Ar~ there special conditions sad circumstances which do not resuR fl-om the acfloa o[ the sppllcsat such ss pre-existing conditions relative to the prop~rt~ which Is f~ subject of the variance request. The boat dock permiu were issued prior to the applicant purchasing the proI~r~. The adjacent marina and dry-stack boat storage building was also under construction prior to the applicant purchasing the property. ~ a Uteral interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical dllTleulties on the applicant. A literal interpretation of thc code will create an umafc situation with regard to access around the pool and pool deck area. Will the variance, t1' granted, be the minimum variance that will m~ke possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. The requested ,0ariance is the minimum that will provide reasonable use of the pool/rear yard area. W'Lll granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. The variance will not grant special privileges for the residential condominh, m~ as the request is only for the standard setback allowed for a single family residence. The developer has had continuous commuaicafion with both adjacent property owners and to the best of our knowledge, there are no objections to the building location and proposed variance for the pool. 3 Will ip'~t~ the variance be tn harmony with the Intent and pm'pose of this zoning code, and not be Injurious to the nelshborhood, or otherv~se detrimental to the public w~lfm~. Bacd on thc configuration of the subject property and its' relationship to thc adjacent propertiei and their exhtin/uses, I believe the pool and butld/ug layout will be in harmony with thc neighborhood and the intent of the code. Are there natural conditions or physlc~ly tnduced conditions that ~.melior~te the goals nnd obJ~ttves of the reRulatlon such as natural presetwes, lakes, golf course, The natural condition of Little Hickory Bay and the permitted boat docks along the south property negate the normal reasons for providing the rear yard accessory setback. Will granting the variance be consistent with the growth management plan, Yes. There will be no inconsistendes with the Growth Management Plan. 4 '0 I, Earl L. Frye being first duly sworn, depose and 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 matter attached To and made 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 .K further permj, t Coastal Engineering Consultants, Inc. Co act as my (AGENT'S NAPfE) representative 'in any matters State of Florida County of Collier T~oregoing Ag~eemen~ Sheet was ackncwledc~/ ~for~me this ' ~, who is P~sonally known to me o~ who '~ as ident~fica~n~a~d ~o did (did not, ca~:e an oat~ regarding this .:a=i~ion~. / . · // Earl L. Fry~'x/P~sid6dt..'' . , ~ EL Partner~'~Naples, Inc. State of Florida · , County of Collier V~R I~ C E APPLICATION/md The foregoing A. oreemen~ Sheet was acknowl~qed befc~j,me' this . d " (SiC/ture of .-%"6t~ry Public) NOT~RY ?L~_-LiC Commission ~ Hy Co~aission Expi res: LT. ~< ~-~. · : MARlli99r J 'l I N.T,S. Gulf of Mexico DEC 1~, : IAAR 1 1 '199T ]~SOLUTION NO. 97- Pd~LATING TO PETITION NI~ER V-96-33, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. W~S, thm Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to est&blieh, coordinate end enforce zoning and such business regulations as ara necessary for the protection of the public; and W~{ERF. AS, ~he County pursuant thereto has adopted a Land Development Coda (Ordinance No. 91-102} which establishes regulations for the zoning of particular geographic divisions of the County, among which ia the granting of variances; and ~tEAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice aa in said regulations made and provided, and has naidered the advisability of a 10-foot variance from the required ltl-family r~ar yard accmseory setback of 20 feet for a swimming pool and patio area to 10 feet as ~hown on the attached plot plan, Exhibit "A", in an RMF-16 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said reg~lations and in accordance with Section 2.7.5 of the Zoning Regulation~ of said Land Development Code for the unincorporated area of Collier County; and Wi4EREAS, all interested parties have bean given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-33 filed by John P. Asher, P.E., of Coastal Engineering Consultants, Inc., representing EL Partners of Naples, Inc., with respect to the property hereinafter described as: Exhibit "B" -1- bm and the ·ama hereby is approved for · 10-foot variance fro~ the required multi-family rear yard ecceaaory setback of 20 fe·t for a ~iming pool &r~ patio area to 10 feet es aho~ on the attached plot plan, Exhibi~ "A", of the RMF-16 zoning district wherein ·aid property BE IT RF~OLF~D that this Resolution relating to Petition Number V-96-~3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. l~ne this day of , 1997. ATTEST= DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V-96-33 RESOLUTION/19038 -2- Exhibit 000000 000000 000000 000000 000000 000000 COA.qTAL .' ENGINEERING CONSULTANTS INC C~ e'~'~t r~,g BRIDGk-'WATEI~ A CONDOMINI1..q~ DESCRIPTION A parcel of land situated ha the northwest qutrter of Section 5, Tow~hip 48 South, R~.nge 25 E~st Collier Coanty, Florida, beiz~ described ms follows: Begixmi~ at a:a intersection of the west line of ~ald Section 5 with th~ ~utherly line of thce, e lands recorded in 0~, Book 2012, Page 1728 of the Public Records of Collier County, Florid~t; ~id liae I:reing the Ioutherly fight of way line of Bonita Beach Road (Coxmty Road those Nnd$ recorded ha O.R. Book 1541, Pages 592 tra'ougl~ thence along ~td e~t line S00'50'31'E 361.67 feet; thence S86~9'zg'V~' 223.00 feet; thence N6T~50'01'%.V 132.52 feet to the west line of said Section 5; then~ along said west line N00~35'00"W 311.09 feet to the POIN'T OF The Kt~ove describes an area of approdmaately 2.82 acres of land. Together with a perpetual waterway easement over and across the following described submerged lands lying La Section 5, Town.ship 48 South, Rarxge 35 E~t, Collier County, Florida: From the intersection of the west l.Me of said Section 5, Tow~Mp 48 South, R$.nge 23 Es. at,' Collier County, Florida, with the south line of Botfita Beach Road (State Road S-865), run N89~07'30"E, 345.0 feet along smd south Line of said Boaita Beach Road to the ~; thence fi.om said PO[NT OF BEGINNING, continue N89°0T30~E, 40 feet, to a point on the said south Line of the said Boaita Beach Road, thence S0~52'30'E, 446.75 feet, more or less, to a point on a buLkhead line lying $00 feet south of the north Line of Section 5; thence S8~46'00'W, and parallel with the said north line of the said Section 5, 38728 feet to the west line of the said Section 5; thence N0~5'00'W, along the west line of the said Section 5 112.43 feet to a point in said west llne; thence S6T'52'00"E, 132.52 feet; thence N86~07'30"E, 225 feet; thence N0%2'30'W, 370 feet to the _ , . Subject to e~semen~s, restzictiom a~ad reservafiom of record. COA~AL ENGI]~rEEK[NG CONSULTANTS, [NC. FLORIDA BUSINF~S ALYI'HO1LIZ~TION NO. LB 2464 1Z~---~TEwing, V.P. Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WrH-IOUT THE SIGNATU~~ THE OPaG[NAL RAISED SEAL OF A FL~. ~ I 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 ,'-" .... ,- ~ .... '~ ~' ~.-- ~' ."':; .:, ,'-."~' :.~-..Z.'.¥'~,-:--~ ~ :~.--":Z_' ' '*.'~. ~ ' ' ..... . .:.: .~..,v~.r:~:..'~ ''.7- ....: - "~'" . ....... ~ ..- ....... E~ECUTiVE SUMMARY PETITION V-gS-32, DARREN M. TAYLOR, REQUESTING A 25 FOOT VAFUANCE TO 'tHE REQUIRED 75 FOOT FRONT YARD SETBACK TO 50 FEET AND A 25 FOOT VARIANCE TO THE REQUIRED 75 FOOT REAR YARD SETBACK TO 50 FEET FOR PROPERTY LOCATED AT $01 DONNA STREET, FURTHER DE~BED A~ LOT 1 LES~ THE NORTH 250 FEET, COCONUT CREEK ESTATES, UNIT 2, IN SECTION 1, TOWNSHIP $0 SOUTH, RANGE 25 EAST, COLUER COUNTY, FL. The petitioner requests a variance of 25 feet from the r~quired front y~rd s~beck of 75 feet to 50 feet and a vadance of 25 feet from the required rear yard setback of 75 feet to 50 feet to allow construction of a 3000 square foot single family home. .C.,~E RATION S.[ The subject property is located at 501 Donna Street, legally described as Lot 1 less the north 250 feet, Coconut Creek Estates, Unit 2. The petitioner wishes to construct a 3000 square foot house on a legal non-confonnfr~i tot in the Coconut Creek Estates subdivision. The subject lot wes created in 1g~1. ~ minimum lot size of a conforming Estates zoned lot is 2~ acres. The subjec~ lot ~$ approximately 1~/~ acres, which Is closer in s!ze to RSF-1 zoning. The RSF-1 district requires a front and rear yard of 50 feet. The proposed position of the house was determined by the petitioner's desire to retain the mature n~tive vegetation on the south side of the lot. An existing structure was demoiished In 1990. The required front and rear yard in the Estates (E) district is 75 feet. The petitioner wishes to construct a house similar to the other now houses in the [~eighborhood, except th&t the subject lot is only 200 feet deep. The required yards in !he distdct would resul~ in s building footprint only 50 feet deep. The petitioner can cc~nstr~ct ~ house using the required yard= for th~ E district, however, [he pet~,'Joner wishes to construct a larger house more in keeping with the changing character o~' the neighborhood, so he is seeking e vadsnce. "[Tle Collier County Planning Commission reviewed this petition on February 20, 1997, end :~y ~, unanimous vote, recomm6nded approval of the subject vafl~nce request. Approval of this petition would have no fiscal impact on the County. MAR ~t.~_ANAGE MENT IMPACT; The proposed variance is consistent with Management Plan. applicable provisions of the Growth HIS'[ORICIARCHAEOLOGICAL IMPACT: S~ff'~ annlysis Indicates that the petitioner's property is located within an ama of historical and ercheeological probability as referenced on th4 ~ C..olief ~ Prob.bility Map. However. fo~ ~ v~.riance, no Histodcal/A~t'aleologlcaJ Survey & Assessment or waiver i$ required. ~[~iJ~3[JJ:~;L~ M I S S I O N RECOMMENOATION: The Collier County Planning Commission forwarded Petition V-9~-32 to th~ Board Zoning Appeals with a recommendation of approval. PREPARED BY: ~SC_,HL, PLANNER II CURRENT PLAHNING SECTION REVIEWED BY: DATE ]5,OB'C_'RT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE ~'~ARNOLD: PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATE ( DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 21, 1997 RE: PETITION V-96-32 AGENT/APPLICANT: Darren M. Taylor 501 Donna Street Naples, FL 34104 _REQUESTED ACTIQN: The petitioner requests a var;ante of 25 feet from the required front yard setback of 75 feet to 50 feet and a variance of 25 feet from the required rear yard setback of 75 feet to 50 feet to allow construction of a single family home on a legal non-conforming lot. .(~EQGRAPHIC LOCATION: The subject property is located at 501 Donna Street, legally described as Lot 1 less the north 250 feet, Coconut Creek Estates, Ur:it 2. MAR 1 1 1997 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a 3000 square foot house on a legal non-conforming lot in the Coconut Creek Estates subdivision. An existing structure was demolished in 1996. The required front and rear yard in the Estates (E) district is 75 feet. The petitioner wishes to construct a house similar to the other new houses in the neighborhood, except that the subject lot is only 200 feet deep. The required yards in the district would result in a building footprint only 50 feet deep, so the petitioner is seeking a variance. SURROUNDING LAND USE AND ZONING: Existing: North - East - South - West - Su~ounding: Single family lot; zoned Estates; a garage/shed (to be removed prior to c.o. of main house); a single family house was demolished in 1996 Single family house & guest house; zoned E Single family house & accessory agricultural use; zoned E Coconut Creek Donna Street ROW HiSTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, an HistodcaVArchaeological Survey and Assessment or waiver is not required for a variance. EVALUATION FOR IMPACTS TO TRANSPORTATION,, INFRASTRUCTURE AND ENVIR~)NMENT: Approval of this vsriance request will have no effect on infrastructure, tr-ansportat~on or the environment. I ' MAR 1 1 1997 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The subject lot is a legal non-conforming lot created in 1961. The minimum lot size of a coni'orrning Estates zoned lot is 2~ acres. The subject lot is approximately 1¼ acres, which is closer in size to RSF-1 zoning. The P, SF-1 district requires a front and rear yard of 50 feet. Also, the proposed position of the house was determined by the petitioner's desire to retain th,) mature native vegetalion on the south side of the lot. bo Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes. The lot was created on September 20, 1961, prior to the dale of October 14, 1974 for establishing legal lots of record. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner can construct a house to meet the minimum code requirement of 1000 square feet with the existing required yards. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The petitioner can construct a house using the required yards for the E district, however, the petitioner wishes to construct a larger house more !n keeping with the changing character o! the neighborhood. Will granting the variance requested confer on the petitioner any special privilege that Is denied by these zoning regulations to other lands, buildings, or structures In the same zoning district? Yes, this vadance will allow the petitioner to have a larger structure which is closer to the property line than currently required by the E zoning district. However, the lot is similar in size to the RSF-1 zoning district, which requires 50 foot front and rear setbacks. Will granting the variance be in harmony with the general intent and purpose of thls Land Development Code, and not be injurious to the neighborhood, or other'wise detrimental to the public welfare? No, granting ol~ this variance will reduce the amount of the required front and rear yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The petitioner wishes to retain as much of the area to the south, wooded with mature cypress, maple, and oaks adjacent to Coconut Creek, as possible. Also, there are approximately 20 feet of unpaved right-of-way along the western property line, which means the house, if the variance is granted, would be approximately 70 feet from the edge of pavement. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. ~;TAFF RECOMMENDATION: Due to the facts that the subject parcel is closer in size to the RSF-1 zoning district, and that the proposed house is in harmony with the neighborhood, staff recommends that the CCPC forward Petition V 96-32 to the BZA with a recommendation for app,-oval. PREPARED BY: FRED~EI~HL, PLANNER II CURREm PLANNING DATE REVIEWED BY: ¢{OB~RT J. MULHERE, AtCP, MANAGER CURRENT PLANNING DONALD W. ARNOLD, A'[CP, D~RECTOR DATE PLANNING SERVICES VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number. V-96-32 Staff report for the February 20, 1997 CCPC meeting. This Petition has tentatively been scheduled for the Hearing. March 11, 1997 Collier County Plannin~3-~,~mmission: MICHAEL A. DAVIS, CHAIRMAN BZA Public EXHIBIT "A" MAR 1 ~L 1997 I, )//4]~'~'~ ~)'~_ being f~r.s.t duly sworn, depose and say that - am' the owner of ~he prope~~.d6'?erein an.d which is the subject matter of the proposed hearing; that all the answers to tke questions in this application, and all sketches, data, and otker supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge an/ belief. I understand this applicasion must be completed an! accurate before a hearing can be advertised. I further permi~ ~~.~ ~ ~c~. to act as my (AGENT'S N~E)' representative in any matters regarding this Pe~ition~ State of Florida County of Collier The foregoinr ~reement Sheet was acknow~ged before me this ~ ", who is ~er~'onally known to rne or who ha_ procu~c ~.~ %~~q~°ider. skfication and who did (~ ~ot) ~ake an~at~. (~~tary Public) N~AK'~ 7L'BLiC 51'A~ O~ FLORIDA NOT~Y ~ l'B L I C ~vco~,~ ....... Hy Co~.Lssion Expires: SIGNATURE OF AGENT State of F!cri~a County of C-'':er The foregoinq Agreement Sheet was acknowledged before me this day of , 1996 by --, who is personally known to me or who has produced as iden5ification and who did (did not) take an oath. VARIANCE Ap P LI C_'-.T ! ON/md (Signature of Notary Public) NOTA2%Y PUBLIC Commission # My Commission Expires: MAR 1 1 1997 RESOLUTION NO. 97-_ - RELATING TO PETITION NL~BER V-96-32, FOR A VARIANCE ON PROPERTY 4 HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 5 W]4EREAS, the Legislature of the State of Florida in Chapter 125, 6 Florida Statutes, has conferred on all counties in Florida the po~er 7 to establish, coordinate and enforce zoning and such business 8 regulations am ara necessary for the protection of the public; and 9 W/4EREAS, the County pursuant thereto has adopted a Land 10 Development code (Ordinance 1¢o. 91-102) which establishes regulations 11 for the zoning of particular geographic divisions of the County, among 12 which is the granting of variances; and 13 ~EREAS, the Board of Zoning Appeals, being the duly elected 14 constituted Board of the area hereby affected, has held a public 15 hearing after notice as in said regulations made and provided, and has 16 considered the advisability of a 25-foot variance from the required 17 rear yard setback of 75 feet to 50 feet and a 25 foot variance from 18 the required front yard setback of 75 feet to 50 feet as shc~n on the 19 attached plot plan, Exhibit "A", in an "E" (Estates) zone for the 20 property hereinafter described, and has found as a matter of fact that 21 satisfactory provision and arrangement have been made concerning all 22 applicable matters required by said regulations and in accordance with 23 Section 2.7.5 of the Zoning Regulations of said Land Development Cede for the unincorporated area of Collier County; and ~EREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The petition V-96-32 filed by Darran M. Taylor, with respect to the property hereinafter described as: Lot 1, less the north 250 feat, Coconut Creek Unit 2, as recorded in Plat Book 3, Page 4, of the Public Records of Collier County, Florida. ~AGE I 10 11 ..% 14 r~ 16 18 19 20 be and the same hereby is approved for a 25-foot variance from the required rear yard setback of 75 feet to 50 feet and a 25 foot variance from the required front yard setback of 75 to 50 feet as shown on the attached plot plan, Exhibit "A", of the "E" (Estates) zoning district wherein ~aid property is located, subject to the following conditions: This variance is for the encroachment depicted. Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition }:umber V-96-32 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this .. _ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER CO~:Ty, FLORIDA TIMOTHY L. FL~-NCOCK, -- 21 ": 22 23 24 25 ~ 27 "T 28 29 '10 ~t ,. :32 APPROVED AS TO FOP~ AND LEGAL SUFFICIENCY: MltRJORIE H. STUDENT ASSISTANT COUNTY ATTORNEy V-96-32 RESOLUTION/XP00? -- 33 AGEN(~A, IT~ ~, EX]{IBIT VARIANCE PETITION (VARIANCE FROM SETBACK (S) PETITION NO D~T2 PETITION ~q A," ...... PROJECT p~ER ~~ ~ ~ S~ ~ ~ ~o~ To BE F~ED ~ B~ TELEPHONE LEGi~tL DESCRIPTICN OF SUBJECT PROPERTY: LOT(S) SOBDIVISION~O400 SECTION I TWP. (If legal description is lengthy, i.e. metes & bounds description, atuach additional page) CUR~NT ZONING CF SUBJECT PROPERTY ~-~ ~~~~ EXISTING ~D USE ON SUBJECT PROPERTY 7~DJACENT ZONING & !J~_ND USE N S E W ZONING LAND USE FRONT: SIDE: RE~R: .... NTS MINIh~JM YARD REu. UIRF-".E FOR SUBJECT PROPERTY CORNER LOT:~YES (CIRCLE ONE) WATERFRON LOT:~YES (CIRCLE ONE) NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment ca~.~.e to be; etc. Please note tha- staff and the Collier County Planning Commission shall be guided in their recor,mendation to the Board of Zoning Appeals, and tka5 the Board of Zoning Appeals shall be guided in its determinaticn to approve or deny a variance petition by the below listed criseria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. I ' -J ~ ~' O~ ~ ~2 ~ ts ~ t lY~"'Ac~:' I Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a li~eral interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or struc:'2re and which prcmote standards of health, safety or welfars. Will gran:ing the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. A~ENU~& II~E M-'~ 6~ Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare~.~ %~l~h- ~>~ ~q ] 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. o Will granting the variance he consistent with the growth managemen-_ Dian. Regal Entry · An entry accented by regal columns and a beautiful arched window arrangement introduces this Mediterranean home. · Double doors open into the foyer, which shares an elegant 12-h. ceiling with [he adjacent formal dining room. The living room, which includes sliding glass doc~ to a covered patio, makes enle~aintn8 easy. · Across the hall, a quiet study can also serv~ as a guest room. A full bath se~ices the room and also includes access to the patio. · A high snack bar in the kitchen is located close to sliding glass doors that ' open to the patio, makin8 summer barbecues fun and easy. · In the family room, a fireplace flanked by a unique entertainment center se~es as an inviting gathering spot. Two neighboring bedrooms share a hall bath. Across the home, a stylish tray ceiling lops the master bedroonq. A peaceful sittin8 area with sliding glass doo.,-s to the patio is a 8~at spot to relax. Two roomy walk.in closets introduce the master bath, which is highlighted by a raised tub and a separate shower. Unless other,,vise memioned, every rcx:xm feztures a lO-ft, ceiling. ~_e~lroom~: 3+ 81lh;: 3 495 ~. R.- Walt F~ml~ &~. c~rele ~k ~KT PRICE CODE: C 164 I'00ROER 17'115 JLUEPRII, IT, CALl. TOLt.,CREE MAIN. FLOOR Plan HDS-99-205 EXECUTIVE SUMMARY PETITION NO. CU-96-27, TERRANCE KEPPLE OF KEPPLE ENGINEERING REPRESENTING UNITARIAN UNIV'ERSALIST CONGREGATION OF GREATER NAPLES INC., REQUESTING CONDITIONAL U~;E 2.2.3.3.1 IN THE "E" ESTATES ZONING DISTRICT IN ORDER TO INCREASE THE SEATING CAPACITY OF THE EXISTING CHURCH FROM 150 TO 300, PROVIDE A NEW FELLOWSHIP HALL AND SUNDAY SCHOOL CLASSROOM AND INCREASE TIlE TOTAL BU1LDING SIZE FROM 4,300 SQUARE FEET TO 23,000 SQUARE FEET FOR PROPERTY LOCATED BETWEEN 10'~l AVENUE S.W. AND 12'rl~ AVENUE S.W., ADJACENT TO INTERSTATE 75, SOUTH OF PINE RIDGE ROAD (C.R. 896), TRACTS 6 AND 7, GOLDEN GATE ESTATES, UNIT 33, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.79 ACRES. OBJECTIVE: The applicant is requesting Conditional Use 2.2.3.3.1 in the "E" Estates zoning district in order to increase the seating capacity of the existing church fi'om I$0 to 300, provide a new fellowship hall and Sunday school classroom and increase tile total building size fi'om 4,300 square feet to 23,000 square feet. CONSIDERATIONS: On October 20, 198 I, the petitioner received provisional use approval (Resolution 81-234) for a 150 seat church and fellowship hall on tile subject 6.79 acres. Since tile approval, the petitioner has constructed a 150 seat church, a 1,600 square foot fellowship hall and provided a small auxiliary building for Sunday school class. Access to the site is provided from I0'h Avenue S.W. The purpose of this petition is to rebuild the existing church and fellowship haU in order to provide a seating capacity for 300; provide a larger fellowship hall for church events, and incorporate the Sunday school classroom into the new building addition. This petition also seeks a new ingress/egress access to the property fi'om 12'h Avenue SAM In total, the original building will be tom down and enlarged from approximately 4,300 square to 23,000 square feet, tl~e church seating capacity will double, and two access points will be provided to the subject site. The site improvements will occur on the existing site, and no new rand is being included in this petition. The subject property is zoned Estates and is located contiguous to tile 1-75 canal, which is located at the terminus of 10'~ Avenue S.W. and 12'~' Avenue S.W. The orientation of the proposed buildings is such that the)' are buffered from adjacent Estates residential property by an existing 2.5 acre undeveloped wooded lot owned by the church and a native preserve area which exists along the projects central and eastern property boundaries. In staff's opinion the proposed location of the new facilities in relationship to the existing vegetation on site provides a transition from existing residential dwelling units on adjacent property and thereby minimizes impacts to these residents. AG£ND~, MAR 1 1 199T Historical access to the subject properly is provided fi'om I0'~' Avenue S.W. This petition seeks to keep Ibis access point and proposes a new veificular access point to 12"' Avenue S.W. Each of these roadways are local streets within the Estates zoning dislrict. Each is being developed with single family houses. Staff is concerned that providing a new ingress/egress access to 12"' Avenue S.W. would impact the quality of life for those residents living contiguous to this street by virtue of increased vehicular trips and noise generated from passerby traffic to and from the church. Staff recommends the petitioner delete the proposed access to 12'h Avenue S.W. and improve the existing access to 10'~ Avenue S.W. All conditional use actions require a findings on the part of the Collier County Planning Commission (CCPC) based on tile provisions of Section 2.7.4. A preponderance of these findings support an action to approve tile subject request. The conditional use findings are formatted to give both reasons for or against tile subject request. Said findings are included in this Executive Summary submission together with the s~affreport which is approved by the CCPC. A summary ofthe major Pro/Cons from the conditional use finding report is as follows: PRO CON This petition is consistent with the Future Land Use Element of the GMP Existing residents often perceive intensification of a church and related facilities as a contributing Factor to noise and increasing traflSc. Trip generation indicates approximately 128 trips on a Sunday. The church and related facilities provide for increased setbacks and opaque landscape buffers. The proposed driveway access onto 12t~ Avenue S.W. will contribute additional vehicular trips, which historicaliy was never utilized by the church. The church and related facilities are located at the terminus of the Estates zoning district adjacent to 1- 75. Temporary noise and odor may result to neighboring properties during the construction process. The Collier County Planning Commission reviewed this petition on February 20, 1996 at their public hearing and unanimously voted to recommend approval of this petition 6 to 0, concurrent with staff's recommendation to prohibit vehicular ingress/egress onto 12"' Avenue S.W. During the public hearing two families residing along 12"' Avenue S.W. spoke in opposition to the petitioners proposed access onto 12'~ Avenue S.W. However, each ofthe families expressed no objection to th, >etitioners r....._..~equest for expanding the existing church and related uses. ^g£~a mr~l 2 1 1 1997 FISCAL IM PACT: This amendment by and ofitselFwill have no fiscal impact on file County. However, iFthis amendment achieves its objective, the land will be developed. The mere Fact that new development has been approved will result in a future fiscal impact on County public Facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impacl of each new development on public facilities. These impact fees are used to fund projects in the Capital improvement Element needed to maintain adopted levels of'service for public facilities, in the event thai impact fee collections are inadequate to maintain adopted levels of service, ttle Cot,nty must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTtl MANAGEMENT IM PACT: This petition has been reviewed by the appropriate staff' for compliance with the applicable elements of the Grow'th Management Plan, as noted below: Future I,.~ncl Use Elem~_nl - The subject property xvhich contains 6.97+ acres, is designated Estates on the Future Land Use Map of the Golden Gate Area Master Plan. This designation permits residential development at a density of I dwelling unit per 2 '/, acres, and a variety of institutional uses, including churches, subject to Iocational criteria. The subject site contains an existing church (PLJ-81-8C). Tile petitioner proposes to expand the existing facilities from 4,.300 square feet to 23.000 square feet, including construction of a Sunday school classroom and a fellowship hall; increase seating capacity from 150 seats to 300 seats; and related improvements necessitated by the expansion, e.g. additional parking~ water management facilities and landscaping. The new site improvements will occur on the existing site, no new land is being included in this petition. The subject site does not con,ply with the criteria for conditional uses in the Estates designated area. However, on-site expansions of an existing conditional use are permitted and deemed consistent with the Golden Gate Master Plan provided no additional land is aggregated into the original conditional use. Therefore, the proposed conditional use is consi.~tcni with tile GMP. T_r_,~ffm. circulation E!emer~t - The ITE Trip Generation Manual indicates that this petition w~ll generate approximately 128 trips on a Sunday Ba~ed on this data, the site generated tra,~c will not exceed the ~ignificance test ',tandard (5 percent o£ the level of service LOS "C" design volume) on Pine Ridge Road. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any ,,,egment within the project's radius of development influence (RD1). The TCE classifies this segment of Pine Ridge Road as a 4 lane arterial road. Therefore, this project is consiste,~t with Policy 5.1 ~,.nd 5.2 of the Trafl~c Circulation Element (TCE). Q/b_~z.~.EJicable~leme..ots - the subject site has been inspected by Environmental staff and they have determined lhnt the petition will not have an adverse impact on any environmentally sensitive area. Staff' re~,4ew indicates that this petition has been designed to account fi')r the nec~ dictated by the Growth Management Pl&n. Development permitted by the approval be subjc~ to a concurrency review under the provisions of Section 3.15 of the C, 2 f t~his-z-ej~i°nships flier Co~i nT']'l~l~ MAR 1 ! 't99T Development Code, adequate public facilities, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. ltISTORIC/ARCttAEOLOGICAL IM PACT: Staffs analysis indicates that the petitioner's property is located outside an area of' historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site c;earin8, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition CU-96-27 for Conditional Use 2.2.3.3.1 of the Estates zoning district for properly described in the attached Resolution of Adoption and Exhibits thereto which includes the Conditions of Approval and a Conceptual Master Plan. PREPARED BY PRINCIP~AL PLANNER REVIEWED BY: OBERT J. MULIIERE} AICp~ DATE %RRENT PLA NNING MANAGER DONALD W. ARNOLD, AICP RTM ENT D! RECTOR ' VINCENT A. CAUTERO, A DMINISTRA'lrOR DATE COMI~'IUN!TY DEV. AND ENVIRONMENTAL SVCS. CU-%-27 EX SUMMARY/md AGENDA ITEM~ -- eAR ! MEMORANDUM AGENDA ITEM 7-F TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPt~fENT SERVICES DIVISION DATE: SANUARY 2 I, 1997 PETITION NO: CU-96-27 OWNER/AGENT: Agent: Terrance Kepple Kepple Engineering 568 Commercial Boulevard Naples, Florida 34104 ]ZEOUESTEp ACTION: Owner: Unitarian Universalist Congregation of Greater Naples Inc. P. O. Box 1006 Naples, Florida 34106 The applicant is requesting Conditional Use 2.2.3.3.1 in the 'E" Estates zoning district in order to increase the seating capacity of the existing church from 150 to 300, provide a new fellowship hall and Sunday school classroom and increase the total building size from 4,300 square feet to 23,000 square feet. _GEOGRAPHIC LOCATION: The subject property is located between 10'h Avenue S.W. and 12'" Avenue S.W., adjacent to Interstate 75, south of Pine Ridge Road (C.R. 896), Tracts 6 and 7, Golden Gate Estates, Unit 33, Collier County Florida, consisting of 6.79 acres. PURPOSE/DESCRIPTION OF PROJECT; On October 200, 1981, the petitioner received provisional use approval (Resolution 81-234) for a 150 seat church and fellowship hall on the subject 6.79 acres. Since the approval, the petitioner has constructed a 150 seat church, a 1600 square foot fellowship hall md provided a small auxiliary building for Sunday school class. Access to the site is provided from I0'~ Avenue S.W. "l'he purpose of this petition is to reb,ild the existing church and fellowship hall in order to provide as seating capacity for 300; provide a larger fellowship hall for church events, and incorporate Sunday school classroom into the new building addition. This petition also seeks a new ingresrdegress access to the property from !20, Avenue S.W. In total, the original building will be ! ~rn dnwn aria enlarged from approximately 4,300 square feet to 23,000 square feet, the chun:h seatin capa.l~ itt double, and two access points will be provided to the subject site. ' ,MAR 1 1 1997' J i l 1997 SURROUNDING LAND USE AND ZONING: Existing: The subject property is presently zoned Estates and is developed with a church, fellowship hall and Sunday school classroom. Surrounding: Noah - East - South - West- 10o' Avenue S.W. is contiguous to the noah side of the subject property. Further north is the Astron Plaza PUD, which is intended for commercial, medical and office use. The property is undeveloped. Property to the east and adjacent to the site is zoned Estates and is primarily developed with single family residences on 2.25 acres. The petitioner owns approximately 2.5 acres along the properties eastern project boundary and is not a part of this petition. 12m Avenue S.W. is south of and parallels the projects southern property boundary. Further south is Estates zoning, developed with single family residences. Interstate 75 fight-of-way is contiguous to the projects western property boundary. The 1-75 canal is directly abutting the property. ~ROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element - The subject property which contains 6.97 i acres, is designated Estates on the Future Land Use Map of the Golden Gate Area Master Plan. This designation permits residential development at a density of 1 dwelling unit per 2 ¼ acres, and a variety of institutional uses, including churches, subject to locational criteria. The subject site contains an existing church (PU-81-gc). The petitioner proposes to expand the existing facilities from 4,300 square feet to 23,000 square feet, including construction of Sunday school classrooms and a fellowship hall; increase seating capacity from 150 seats to 300 seats; and related improvements necessitated by the expansion, e.g. additional parking water management facilities and landscaping. The new site improvements will occur on the existing site, no new land is being included in this petition. The subject site does not comply with the criteria for conditional uses in the Estates designated area. However, on-site expansions of an existing conditional use are permitted and deemed consistent with the Golden Gate Master Plan provided no additional land is aggregated into the origi!tal use. Therefore, the proposed conditional use is consistent with the GMP. MAR 1 1 1997 Traffic (~ir.cul~tion Elemenl - The ITE Trip Generation Manual indicates that this petition will generate approximately 128 trips on a Sunday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS 'C' design volume) on Pine Ridge Road. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (KDI). The TCE classifies this segment of Pine Ridge Road as a 4 lane arterial road. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Other Applicable El¢ment~; - The subject site has been inspected by Environmental staff and they have determined that the petition will not have an adverse impact on any environmentally sensitive area. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, adequate public facilities, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: This petition was referred to all appropriate County agencies with jurisdictional oversight for elements of the Growth Management Plan for their review. They have recommended approval subject to appropriate development stipulations that are consistent with the Land Development Code and Growth Management Plan. Staff has determined that no level of service (LOS) standards will be adversely affected by this request and is therefore consistent with the GM?. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staffevaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential c r identified during the staff review are listed under each of the criterion noted categorized as either pro or con as the case may be, in the professional opinion of si iff. St~'~ ~AR 1 1 1997 of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro; The fact that the finding is consistent with the GMP and LDC is reason enough to include this as a positive evaluation. Con: None. Summary Con(;:lusion ('Fjn~i~.;. This petition is consistent with the Future Land Usc Element (FLUE) to the Collier County Growth Management Plan. Staff with the jurisdictional responsibility to evaluate consistency with the FLUE advise that rebuilding the existing church for increased seating capacity and enlarging the fellowship hall and Sunday school classrooms is permitted in the Estates zoning district on the Future Land Use Map of the Golden Gate Master Plan. 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. .Prg~ (i) The project's ingress and egress on 10"' Avenue S.W. and 12~' Avenue S.W. is subject to all required County right-of-way permits amd any engineering modifications. Pro: (ii) The ITE Trip Generation Manual indicates that the proposed church and related facilities is estimated to generate approximately 128 trips on a Sunday. Pro~ (iii) Due to the Iow traffic volumes and clear site distance from 10u' Avenue S.W. and 12'~ Avenue S.W., the access driveways should operate adequately. ~_umma[y Conc~ Staff has reviewed the conceptual master plan submitted with this conditional use request, and is of the opinion that due to the relatively low traffic volumes generated by the church and related uses, the project's existing and proposed entrances should operate adequately and with an acceptable level of safety. However, historical access to the subject property is provided from 10"' Avenue S.W. This petition seeks to keep this access point and proposes a new vehicular access point to 12~' Avenue S.W. Each of these roadways are local streets within the Estates zoning district. Each is being developed with single family houses. Staff is concerned that providing a new ingress/egress access to 12°' Avenue S.W. would impact the quality of life for those residents living contiguous to this street by virtue of increased vehicular trips and noise generated from passerby traffic to and from the church. Staff recommends the petitioner delete the proposed access to 12'~ Avenue S.W. and improve the existing access to 10~ Avenue S.W. The effect the conditional use wou!d have on neighboring properti~ in relation to noise, glare, economic or odor effects; Pro; 6) This conditional use is for enlarging the seating capacity of the existing church from 150 to 300 seats; increasing the size of the fellowship hall and providing a building for Sunday school classrooms. These modifications to the existing church and related facilities is unlikely to have an adverse economic impact on adjacent properties. P.ro; (ii) It is unlikely that glare or odor will be produced by expanding the church and related facilities. Pro: (iii) The church and related facilities will provide an 85 foot setback from 120. Avenue S.W., and will be separated from contiguous Estates zoning by a 2.5 acre lot owned by the church, not a part of this petition. On the remaining northern boundary the church and related facilities will be setback approximately 900 feet from 10a' Avenue S.W. .C_9_E;. (i) Temporary noise and odor may result to neighboring properties during construction of the proposed buildings. Con: (ii) Utilizing 12'~' Avenue S.W. as a secondary access will increase the traffic volumes and noise levels along this local street. This may be irritating to residents living adjacent to 12'~ Avenue N.W. $ummary Conclusion (Findings'l: The subject property is located contiguous to the 1-75 canal, which is located at the terminus of 10'h Avenue S.W. and 12*' Avenue S.W. The orientation of the proposed buildings is such that they are buffered from adjacent residential property by an existing 2.5 acre undeveloped wooded lot owned by the church and a native preserve area which exists along the projects central and eastern property boundaries. In staffs opinion the native vegetation on site provides a natural buffer from existing residential dwelling units oa adjacent property. In staffs opinion, the proposed church will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects. Compatibility with adjacent properties and other property in the district. Pro: (i) This conditional use petition is for expansion of an existing church and related facilities. The site is heavily forested which provides a natural buffer from adjacent residences. Pro; (ii) The church provides for increased setbacks and opaque landscape buffers. Pro_;. (iii) The church and related facilities are located at the terminus of the Estates zoning district adjacent to 1-75. Con; (i) The proposed driveway access onto 12a Avenue S.W. will contribute additional vehicular trips on the local street, which historically was never utilized by the church. Summary_ Conc_Jusion (Findings;); The compatibility of the church and related uses is not a significant issue due to its existence on site since the early 1980's, and churches are generally deemed to be compatible with residential uses. However, in staffs opinion, the request for a new driveway connection to 12t~ Avenue S.W. in ,~ddition to the existing access from 10'~ Avenue S.W. is not warranted. Staff' recommends eliminating the proposed access to 12o` Avenue S.W. _~TA FF RECOMblENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-96-27 for Conditional Use 2.2.3.3.1 of the Estates zonin$ district for prope~y described in the attached Resolution of Adoption and Exhibits thereto which includes the Conditions of Approval and a Conceptual Master Plan. PREPARED BY: BRYA~ MILK PKINCII~AL PLANNER DAli REVIEWED BY: ROBERT J. MULIIERE, AICP CURKENT PLANNING MANAGEK f~ DONALD W. ARNOLD, A.~CP PLM~TNG SERVICES DEPARTMENT Df'RECTOR , 7 CENT A. CAUTERO, ADMINISTRATOR CONflVIIJNITY DEV. AND ENVIRONMENT.M. SVCS. DATE DATE DATE Petition Number CU-96-27 StaffReport for February 20, 1997 CCPC meeting. NOTE: This Petition has been advertised for the March I 1, 1997 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN CU-96-27 STAFF REPORT/pal 1 2 3 4 $ 8 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3O 32 33 RESOLUTION 97- A RESOLUTION PROVIDING FOR INCREASING THE EXISTING C~URCH SEATING CAPACITY FROM 150 TO 300 SEATS; PROVIDING S'JNDA¥ ~CROOL CLASSROOMS AND A FELLOWSHIP MALL; AND INCREASING THE TOTA3~ BUILDING SIZE FROM 4,300 SQ. FT. TO 23,000 SQ. FT.. IN THE "£" ESTATES ZONING DISTRICT PURSUABT TO SECTION 2.2.3.3.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. W~EREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as ars necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adoptmd & Land Devmlopmsnt Cods (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the ~oning of particular geographic divisions of the County, among which is the gr,nting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said r,gulations made and provided, and hal considered the advisability of Conditional Uae 2.2.3.3.1 in an "E" Estates zone in order to: lncrea:~e the existing church seating capacity from 150 to 300 meats; provide Sunday School classrooms and a fellowship hall; and increase the total building size from 4..300 sq. ft. to 23,000 ~q. ft. on the property hereinafter described, and has found ss a matter of fact (~xhibit 'A") that satisfactory provisioD amd arrangement have been ~ade concerning applicable matters required by maid regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and MAR 1 1 ]997 PAGE I ~' 1 4 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOA.RD OF ZONING APPEAL~ of collier County, Florida that: The petition filed by Terrance Xepple of Kepple Engineering representing Unitarian Universalist Congregation of Greater Naples, Inc., with respect to the property hereinafter described as: Tracts 6 and 7, Golden Gate Estates Unit 33 less Right-of- Way for 1-75 and canal, Collier County, Florida. be and the same is hereby approved for Conditional Use 2.2.3.3.1 of the "E" Estates zoning district in order to: increase the existing church seating capacity from 150 to 300 seats; provide Sunday School classrooms and a fellowship hail; and increase the total building size from 4,300 sq. ft. to 23,000 sq. ft. in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: A. Access to 12th Ave., S.W. ia prohibited. At the time of the next development order submittal (i.e. SDP or SIP), the Petitioner shall show on the Site Plan the appropriate portion of existing native vegetation to be retained on-site per CCLDC 3.9.5.5.4, as amended. The Site Plan shall also show calculations stating the square footage or acreage of existing native vegetation on-site and the required 15 percent of native vegetation to be preserved on site. Prior to approval of the next development order submittal, the Petitioner shall place a conservation easement over the area of preserved vegetation either by plat or by separate instrument similar to or per Section 704.06 Florida Statute. PAGE 2 MAR 1 1 1997 BE IT FURTHER RESOLVED that this Rssolutio~ I~ recordsd l~ the minutse of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. 10 11 12 ATTEST: 13 DWIGHT E. BROCK, CL~RK 14 15 16 APPROVED AS TO FORM AMD 17 LEGAL SUFFICIENCY: 20 ~ORIE M. STUDENT 21 ASSIST~T CO~TY A~O~EY 22 CU-96-27 RESOL~ION/19054 23 24 27 29 30 31 32 33 34 BOARD OF ZONING A~PF. ALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN PAGE AGENDA Ii[------~, ~.~R 1 ! I~7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-27 The following facts are found: Section 2.2.3.3.~of the Land Devlopment Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noi~e,/glare, economic or odor effects: L/No affect or Affect mitigated by _ Affect c~nno~ be mitigated " Compatibility with adjacent properties and other property in the district: Compatible use with~/district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~) be recommended for approval ~~~~~~ FINDING OF FACT CHAIRMAN/19057 J Exhibit MAR 1 t 1997 | I -- EX~E CUT IVE SU~¥ WATER FACILITIES ACCEPT~NCE FOR ;MJTU~ WOODS SAJ, ES TRAILER OBJECT1-VE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Autumn Woods Sales Trailer and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Autumn Woods Sales Trailer, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents bare been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $334 00 has been accepted as surety. · ~IECA.L IMPA~T: The water facilities were constructed wi to t~r County Water-Sewer District. During the thout cost first year, the water facilities are under a Contractual Guarantee. After that time, the cost of opera~ing and maintaining the water facilities will be paid by monthly user revenues. GRO~'H F~Af~AGT~NT IMPA~T: This project has been connected to the County Regional Wa~%r T----'~eatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. MAR 1 1 1997 Executive Summary Autumn Woods Sales Trailer Page Two REC~DATI~{: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Autumn Woods Sales Trailer, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for the cash bond in the amount of $334.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 3) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the County's requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of payment bacteriological testing of water usage from Utilities for PREPA/~ED BY: Shlrley/~lx,' E~gineering Technician Enginee~king Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. E_n_g~[Lee.,r. ing R,~view Se~ices M~ager Dohald W~Arnold, A~C~ ~D~ng_ Services ~rtment Director ~inCeh~-A~. ~a~ter0, AchnTnistrator COM/4UNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date Date MAR 1 1 1997 (941) 5 PROJECT lO 12 13 24 G~.rY G~$ 3,3 7 15 ~ 2t 1997 Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners JTrans Number Date I Post Date 4547 2/26/97 10:22:28 AM 2126197 Payment Slip Nbr MS 7094 CENTES HOMES AUTUMN WOODS SALES TRAILER Payor: SAME Fee Information Fee Code Desc, d_ption , GL Account 12BOND ! DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 Amount, Waived $334.00 1 Total [ $334.001 Payments [ Payment Code : Account/Check Number I Amount [CHECK 1302515 i $334.00 Memo: Total Cash Total Non-Cash Total Paid $334.00, $334.00 i Cashier/location: GARRE'1-1'_S / 1 User: NIX_S Collier County Board of County Commissioners CD-P/us for Windows 95¢NT Printed:2 [MAR 1 1 1997 '26/97 10:22:56 AM EXECUTIVE SUMMARY RECOMMENDATION TItAT TIlE BOARD OF COUNTY COMMISSIONERS APPROVE A MEMORANDUM OF UNDERSTANtIING WITH TIKE SOUTItWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC) TO PARTICIPATE IN A STUDY TO ADDRESS FARMWORKER HOUSING AND SOCIAL INFRASTRUCTURE NEEDS TO SUPPORT AGRICULTURAL GROWTIt IN SOUTItWEST FLORIDA, OBJECTIVE: To have the Board of County Commissioners approve a Memorandum of Understanding with the "SWFRPC" to undertake a study to estimate farmworker housing needs that will support future agricultural employment levels and to assess the implications of agricultural growth on other social infrastructure needs. The primary objective of this agreement for a farmworker study will involve collecting data that will estimate by commodity, future agricultural output, labor requirements, demographic characteristics of seasonal farmworkers, and current farmworker housing supply. This data will provide county planners with important reference points. In addition the study will address the future demands on schools, health services, and public safety. CONSIDERATIONS: On April 13, 1993, the Board of County Commissioners approved Fiscal Year 1992 - 1995 Housing Assistance Plan. This Plan established strategies and policy guidelines for funds received through Collier County's participation in the State Housing Initiatives Partnership (SHIP). The Plan as approved included a Farmworker Housing Study in the amount of $5,000 (copy attached). FISCAL IMPACT: The funding source for this agreement is SHIP Fund 191/138785/6349999 other contractual services. RECOMMENDATIONS: That the Board of County Commissioners approve the Memorandum of Understanding with the "SWFRPC". Jh, qae G'~odwin, Housing Pr..qgram Mgr. Date'.~ REVI -W ,D &- ' Greg ~c, Director Date: Housin~and Urb~ Implement inc~t A. Cautero, Administrator Con~'u~ity Dev. & Enviromental S~s. No. ~ ~..~ MAR 1 MEMORANDUM OF UNDERSTANDING This memorandum of understanding is made and entered into on this ~ day of February 1997, by and bctween Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County") and the Southwest Florida Regional Planning Council (hereinafter referred to as "SWFRPC"), an agency of the State of Florida. The County and SWFRPC agree as follows: II. Scope of Services - SWFRPC The SWFRPC shall contract with the Institute of Food and Agricultural Sciences ([FAS) to undertake the study described in the attached proposal entitled Farmworker Hous#~g and Social Infrastructure Need~ to Support Agricadtural Growth in Southwe$t Florida. This study is a multi-county effort in cooperation with the SWFRPC, IFAS, and the Florida Department of Community Affairs, to identify the current and proposed need for farmworker housing in Southwest Florida for inclusion in the comprehensive plan and for use in other planning purposes. Initiation of this study began July 1, 1996. The SWFRPC will periodically compensate IFAS upon acceptance of the deliverables outlined in the proposal (page 6). Copies of the final report will be received from IFAS and provided to the county in November 1997. Extending the Terms of this Memorandum of Understanding The County and SWFRPC may, by ~vay of a letter of agreement that sets forth terms mutually acceptable to both panics, extend the terms of this Memorandum of Understanding to cover additional items within the study or to extend the delivery date of the final report if necessary. III. Compensation The Com'~ty shall pay S5,000 to the SWFRPC for the purpose of compensating IFAS for conducting research in Collier County for inclusion in the multi-county study. The County shall pay such funds to the SWFRPC within 20 days after March I, 1997. AG IN. DA ~T£~ MAR 1 1 '1997 IN WITNESS WHEREOF, the County and SWFRPC have caused tkis Memorandum of Understanding to be executed by their undersign,:d officials as duly authorized. Attest as to legal form and sufficiency: David Emerson Brunet, Attomey Collier County Board of County Commissioners: Timothy Hancock, Chairman Southwest Florida Regional Planning Council: Wa)me E. Daltry, Executive Director MAR 1 1 1991 STATE BOUSING INITIATIVIi!~ PA-~-"~.~'EkStlIp (SHIP) LOC..A.L liOUSING A~$ISTANCr PLAN CHEC~IsT CO~ ~ ~~T~ ~TITY: Collier County ~lorida CIIEF Z2CI~D OFFICIO: ~k~: Co~i~ioner ~ur[. U. Saunders, · DD~HS: 3~1 ~$~ Temiami Trail TZ~PSO~: ~[3) 774-8097 haple,, FL 33962 r~:~13) 77a-3~2 CONTACT PE~OH: ~: Cre~ ~ihalic, Affordah!e Housln{ Director .~D~SS: 3050 N. Horsehoe Drive, Suice 1S~ TZ~PEO~:~13 Naples. FL 33942 -- F~: 813) 6&3-3~5 DATE ORDIN;,.~iCE ADOPTED: 6/22/93 DUg DATr FOR LOC..A.L POUSIHG i'NC~TiV~'_ ~L3,.'~ (LEIP): 6/22/9& (12 ~'~nlh, following or£~lnal &doption ENTZR A.\~.'UAL AI-LOCATION FY 92-93 FY 93-54 ~f 94-95 L~ ST~T~GIES: (Li~t.by S~a~, ~)(At~ach additional p~g,s if n,ces~ary) $T~TEGY ~ ~EFER TO PA{;~.S 2 AND ~ k~'-O~NT I OF ' MAR 1 1 1997 LHAP STRAT£GI£$: (List by State FY) &HIP Al, LOCATION $254,395 { SHIP DOLOR PERCENTAGE ST~TEGY ~MOU NT OF AL~CATION l%rategy ~1 Impact Relief O~nership $190,000 74.7% lStrategy t2 Rehab. & Emer. Repair b) Rental a) Ownership I $38,956 15.3% O% AG E N D~, .o. ~,~/~/ MAR i 1 1997 L.~'iAP STRATEGI£$: (List by State FY) SHIP ALT~2~-ATION Fiscal Year 1993/94 STRATEGY 'Strategy ti Impact Relief a} Ownership =ratagy t2 Rahab. & Emer. Repair SHIP DOLLAR PERCENTAGE AMOUNT OF ALLOCATION $100,000 32.2% a) Ownership $79,713 25.6% b} Rental $30,000 9.7% [ S~rategy $3 Down Pym't Asst. w/Rahab. $70,000 22.5% Mi~TEGIES: (LAst by State FY) ,LO~ATION $340,835 Year 1994/95 I SHIP DOLLAR PERCENTAGE STRATEGY ~OUNT OF ALLOCATION lrategy l! Impact Fee Relief O~nershipl $86,931 25.5% $~rateg~ f2 Rahab.. & £mer. Repairs a) O~nershipI $79,821 23.4% b) Rental $10,000 2.9% $130,000 Strategy 13 Down Pym't Assist ~/Rehab. 38.1% ~TAT£ ~OUSING INITIATIVES PAR~--N.'EP'~EIp {SHIP) PROGRAPH LOCAL £OUSING ;~SISTkNCE PLAN CE£C.V~IST (REVISED ....... Yes NO _11 1/2' x ~1' p.per? X plan been zen%? 91-37.005(7), have orl~lna~ si~na:u:es? X tha~ 'the Agency ~ill I. LOC. A/, EOU$1NG A-~SIST~NCE PLAN The local government or interlocal e=tity =hou!d include info=r..~tion in %he SHIP plan :afro%ire as ~pec[fied A. D~$CRi?TION OF LOCAL pROGRAM: }~/~ETING SEIP PROGRAJ4 C~,ITERIA --- ~, ...... .*e.s No N/A ?ac;e Does the p~mn J~ecify ~he 9I-]~.005(1], F.A.C. NO. ~ MAR 1 1 1997 HOUSING A. SSISTJ~C~ PL~ CEEC?~.i~T of lO I C£te~ If · multi-year plan has 91-31,005(5), pro~omed proq:mm &c~£vities idant£fied in X ]3- tho plan pre3en~ed on a If a ~lti-year plan, Is 31-3].005(a~, r.A.C. the budget ~or the st:aCeg~e~ broken do~ X l~- annually by J:a:e fiscal year. detailed nat:ative on each 91-3~.00~J2)A(4) r.A.c. _~0ve:r~.ent ~ill perform? X 25 Does the plan describe ~ow each S~I? s~:a~egy will be Does the plan ~e~c:Lbe s.42~.S0~2[~] {~:, F.S. J J efforts ma~e to facilitate 92-37.002(242.. :he devtlopmen~ of one or m~re pa::n~r~hips a: th, X 26 Zs narr,:~ve p~ovided that J.420.~O~2(l)(a), r.~. J j de~c:lbe~ hc~ :esourc~a s.420.90~5(!)(a), P.S. : combined through the ?~-3~.005(5)(e), T.A.C. local housin~ partnership X 26 in ordar :a reduce the cos: of housl~9? ~e~ the plan desc:ib~ the supper: ~etvice~ which will. be available to 'NOT~:' ~cr.e:~ership · e~i~en~s~ coun:elln~ Is the only X 27 (e.g., 'homeo~ershfp ~upporc ~ervice eligible Co counseling, day ca~e, teceiv, S~i? fund!nS. ~e3 the plan ~esctibe ho~ ~.420.~0~1(1~), public input in the development of the Local 9X-37.002{24), r.A.C. Xoujimq Assistance ~lan X ~as solicited? 26 Does ~he p~an document how s.420.g0~S(~J {al, F.S. J J &5% of the fund3 will be 91-37.007[2), MAR 1 1 1997 I~g.., {~ Cite, Does the ~lan document how 1t% of the funds will be 9I-]7.007{3), used for construction, 17 rehabilitation or the remainder of the S~IP ~%-3~.O0~(Gl, F.A.C. f~nds wil~ be utilized? ~oes ~he p~an ~oCUmtn~ s.4~0.~O~5(4)(d~, ~.$. that ~0% o~ the units e~sisted will be occupied X by very lo--income persons? 20 Does the plan ~oc~en: chat a~ ~dition*l 30% of 9I-3~.00~(~}, T.A.C. the units asses:ed will be occupied by low-income 20 -households? Does the plan identify the Froposed to be se:red by __ 18 income? I 20 ~s there a list o[ ,.420.~0~$(~) (c), r.s. proposed sales price(s) or 9X-3~.¢07{~), F.A.C. existing homes? {Sales price l~my not exceed 90% ~f the median a:ea J ~u:chese price). I Doll the sales prices meet the a~focdability 9~-33.005(d), r.A.C. X1 29 D-Jcl the rental ~ates matt s.(20.~0~1(3}, r.s. the &fforda~ility ~I-37.005{~), T.A.C. criteria? ~hich a~e baaed on unit size7 F.A.C.,,~ AGEN DN [T[J~ ~ MAR 1 1 1997 ~-OCAL HOUSING ASSISTANCE PLaN CHECNL~ST Page 4 of I0 Does the plan describe outreach recipients of housing units to Does the plan provide & maxim~ ewa:d SChedule to govern fund Does the plan document how ~un~s £ci?~bu~se~ents, othe~ distributed funds will be ill,ed7 Does the plan Identity zeta fu~ds~ Does the plan provide a :o sllo~ ~or a co~pa:~on Ate the budgeta:y fo: acco~ )lia~:.ent o~ each Lsted? Are the income ii.a/ts le p~an? r.A.c. ?.$. .r.A.c. s.42:.?O75{5) ~ (6), .r.X' , (2Il, T.A.C. Yes No N/A ?age 2~ the plan Specify the 1~.420._ ----=~_ Yes No N/A Pe:cent&~e of funds to be used 00~{41, Does the plan include · line- for s~inisCrative e~penditure e'9-* salaries SCud' , -~ce expenses A.¢. X ] ~ 29 X I5,17 X 6: D~es the exceed $%~ct'~dnlst~ative budge: ~-~. o0~ r.x.c. If yes, is there a local PaSo 7 AGENDA ITEM MAR 1 1 the ~la~-pro¥~d · copy o~ the ord£nance vlded? Does ~e~e:e~ce " ..,~' Does ~h~ ordinan conferee? -' ~ Adv~ury leas~ 30 days a~op~on? Ye~ Ho MAR 1 1 ~997 ~. _/./~**__ IX)C_KL nOUSiNG A~SSISTARCE PL~_N CEEC.~J.I~r Page 6 of 10 a~plicabl~? Z~ · ~esolu~on at~ached appoints the advisory co~..-d~tee by ~.(2o.)o75 (~), r.~. 9!-3~.o07{4) (b)o ~.A.C. .r.$. ."i-31.009, F.A.C. ~.(2o.~o]6{4),r.s. Does the re~olution appointing the Advisory ¢om..~ictee defin~ &ffotdable houJing as applicable to the county and munic[p~lity in · ~ay Chat is consistent ~ith the local government comprehensive plan? X To facilttac~ the disbursem~.nc cf SHiP funds to local goverr.?.ents, please complete the follo'~ing information: N~E OF TH~ TRUST ~D: S~ate Housing Initiativ~s Par~nershlp TRUST ~D ACCOST ~BER: ~5193 N~E OF B~K: N,tions Bank ADDRESS OF B~NK: · 6gl Fifth Avenue South BAN/< TEL£PHONE )AIMBSR:__~3.) 262-7121 CITY: ~ Florida 339&0 E. HP~YER ~DE~ ID ~BE5: 59-6~558 NOTE: ~H~ AG~cY WILL ~RI~ (This lnfo~tion must be furni~he~ to ~he Agency befO:e any fun~ A SAMPL~ CF. AS~T IS ATTACHED ~=.ICH INCLUDES ALL kEQUI}L~D CSkT£GORIE$ OF DATA. USE OF. THIS C~%T WILL FACILITATE REVIEW BY TEE AGF-N C y. AGENDA. ITEM~ MAR 1 1 1997 ,, ..... /,,%-- ~&ge 8 of 10 k-~. CERTZFICATION I hereby attest to the following: A procem3 for Jeleccion of develoD~d, All S~IP fund~ vill be expended in there viii be no di~cri~,inAtioa on the basla of r~ce, c:eed, Color, &ge, =ex [am~liAl 'iCaD, :elision, or na~ionA1 in. Recipien:3 ©f fund~ ~ill be Zequired to contractually com..~i% to pro,ram ~idellnes. 'he Florida Eousin9 Tinance ),g~ncy 'ill be no:ified Promptly if " / ~A be.unable ~o comply of the plan. The Loc&l ~ousi~g AsJi~t·nce hall provide for the encum~ranc~ ~--inq the end of th· ,1 yeer in which they Are .red. The plan confo:ms :o ~he Loc·l e Loc·I Government Com~rehen3ive ~lan will be lni~la~ed at ~he nez~ ·v, il·ble Opportunity ~o insure confo:m·~ce wl~h the L~cal Mousing Assistance Amen.c~menta to. the Apgrovad Loc·l ~°UaAn9 A$=i~.·ace Plan ~hall PrOvided Co the ~gency s.<20.9075(3) fdl, F.S. F.A.C. 9!-37.00t (~)(d)l, F.A.C. )~-37.0C5 (6) Cd)2, F.A.C. (()l:), £.A.C. r.A.c. ' AGENDA, IT[M .~ MAR 1 1 1997 The t~ust fund shall be estsbllshtd SNIP funds As well 42 moneys enerated from activities such as Amount2 on geposic in the local housing assistance trust fund shall ba invoiced as per,.-dcced by law. The local housing assistance C:us: fund shall be separately scared as · apeciel revenue fund in Ch, local ~overm~ents Audited financial statements, copies of the audits will be ~orwarded Co the Agency as soon As aveileb!e. F.A.C. ~i-37.C0{(2), £.A.C. 9!-37.00E(31, r.k.c. An interlocal entity shall have its local housing assistance Crust fu~d aepGrately audited fo- each fiscal es- - . , Ce ?ossible. 5HI? ~unds will not be pledged for ~ebC service O~ ~ond, or am subsidias from both $H27 and the L~w Zncome Mousin9 Tax Credit (L~T¢) ~z~ty and O=her LI~TC requiremen~s. Sindlarly any ua!ts receivin9 assistance from other all Fed~rel And SHIP program ze~'~irements. l~an~ shall be provided for per[ods deferred payment ~oans o;xcePc fo: (a), F.S. ! - , ~hac extan~ beyond 30 yes'rs which r.X.C. '' ' RentAl ~nits co~$CrucCed ~r reh~bili:,:ed with ~EIP funds th, Il be ~nitored a~ least annually, 15 yeat~ for comp.llance with r.S.-, ten·ne income requirements And SI-]7.O0? (10) a f~rdabilicy tt~i:ement s. Pn~c 12 1 1 1997 P"ge 10 o~' lO [~9~e Revie~ Committee bAA requested atraCeq~ whl~ ~ outltne~ on the Of the chart been co~teted? YeA Xo I~/A ?A~e The eligible municipality or county has developed a cualification system for applications for awards. The representations contained in the plan are true and accurate as of %h~ da~e of submi~sion. ~urt L. Saunders, Chairman "{Typ..e) );amc and Title PaRe 13 -- AGEI~DA t~AR 1 1 1997 ~lloc&t~on 9S% ~eq. for. Co~atz'~ctLoa/Rebab. &5% Req. for $25¢,395 $-~10,392 5190,796 $233,09¢ $~6S~357 $202,0~$ SHIP BUDG£~ FY ~2/93 £etLm&:ed Revenue B} ~e~tel Farm ~orkers Eoue£ng StVdy Total ~[n£ltrat£ve Colts ~mLnLmtr&:Lve Cos:l ~DAT£D R~UZRKMZ~;TS TS~ Requtre~ for cons:~uctlon/reha~. conetruct:on/~eha~ ~ of r~ ~2/93 a~locatLon constructton/re~a~. FY 92/93 a~oca~ion for Home ~nersh[p ~ of FZ 92/~3 a~loc~t~on for Home ~ne~sh/p 25,435 $~90,000 0 S 29,939 $ 2,500 S $.000 $ 25,439 S S190,9~ S228,95S s22e,956 -2- AGENDA ITE~& ~ No. ~ MAR 1 1 igg7 ECOM~ENDATION TO ORANT FINAL ACCEPTANCE OF THE ROADWAYv DRAINAOE, ~ATER AND SEWER IMPROVE~ENTS FOR THE FINAL PLAT OF "HAWKSRIDOE UNIT TWO" To grant final acceptance of "Hawksridge Unit Two" me O4. On August 15, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Hawksridge Unit Two". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 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. ~~NT I~PAq~ None MAR 1 1 1997 Executive Summary Hawksridge Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Hawksridge Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~ohn R. Hou~dsworth, Senior Engineer Engineering Review Date Thomas E. Kuck, P.E. Engineering Review Manager Donald W: ~rnold Planning//Services Director %in6ent A. Cautero, Administrator Community Dev. and Environmental Svcs. Date Date Date Community Dev. and Environmenta~ Svcs. DIVISION JRH:ew '?c N ,TH NA PLES :, ,.F- PiNE I RESOLUTION NO. 97- 2 4 RESOLUTION AUTHOPdZING FINAL ACCEPTANCE OF 5 THOSE ROADWAY, DRAINAGE, WATER AND SEWER 6 L\iPROVrEMEN'I'S IN HA\VKSFUDGE UNIT T\VO, ? RELEASE OF THE MAINTENANCE SECURITY, AND 8 ACCEPTING THE M.kiNTENANCE RESPONSIBILITY ~ '° 9 FOR TIKE ROAD\VAY, DRAINAGE , WATER AND 10 SEWER I~[PROVEM]ENTS THAT ARE NOT REQUIRED 11 TO BE MAINTAIN'ED BY THE HO,",[EO~"ERS '-~ 12 ASSOCIATION. 13 14 ~ 15 16 WHEREAS, Ihe Board of County Commissioners of Collier County, Florida, on February ~ 17 14, 1995 approved the plat of Hawksridge Unit Two for recording; and Ig .::: ~ 19 \~q-JEREAS, the developer has construcled and maintained the roadway, drainage, water --..-, 20 and sewer improvemenls in accordance with the approved plans and specifications and as required 21 by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the 22 Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 88-'76, as amended). 23 and 25 WI-LEP,.EAS, the developer has now requested final acceptance of ibc roadway, draina.~e, .__ 26 water and sewer improvemenls and release of his maintenance security; and 27 ~ 28 WHEREAS, the Comp!lance Sera'ices Section of the Development Services Department ..~ 29 has inspected the roadway, drainage, v,'ater and sewer improvemenls and is recommending 30 acceptance ofsaid facilities 31 --~ 32 NOW, THEREFORE, BE It RESOLVED BY THE BOAR.D OF COUNTY 33 CO~flSS1ON~ERS OF COLLIER COUNTY, FLOPdD,-~ that final acceptance be granted for ~,4 Ihos¢ roadway, drainage, water and sewer improvements in Hav,'ksridge Unit Two, and authefize · -~ 35 the Clerk to release the maintenance security. ": 37 BE IT FURTHER RESOLVED AN'ID ORDERED that the County accept lhe future ~ 38 maintenance and other attendant costs for the roadwa)', drainage, water and sewer improvements 39 that are not required to be maintained by the homeowners association. a0 '~ 41 This Resolution adopted after motion, second arid majority vote favoring same 42 a3 44 45 DATE: BOARD OF COUNTY COXL\HSSION'ERS 46 ATTEST: COLLIER CO,?NTY, FLOR.IDA 47 DWIGHT E. BROCK., CLEI:CK. ~_ 45 49 By:. 50 TIMOTHY L. HANCOCK, CHAIP,.MAN · ~-~ 51 S2 53 Approved as to form amd legal --- 54 sufficiency: .... 5'/ Heidi F. A~hton -- 58 Assistant Collier County Attorney 59 · ~ 61 MAR 1 1 1997 ,.. . o.~- .....' . ~....2~,.~-~;~_o~'.~.'~.~,~,,~'~..~,~ .'- . .... .~.:~..-~..'~.~h,.,..~.,.~.~.,,--,~,~,-,-~-~-~',.-.~ EXECUTIVB SUMMARY O~.~COMMEk'DATIO~ TO ~RANT FINAL ACCEPTANCE O~ THE ROADNAY, DRAINagE, SEWER IMPROV~4ENTS FOR THE FINAL PLAT OF "QUAIL WALK PHASE To grant final acceptance of "Quail Walk Phase Three" On December 15, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail Walk Phase Three". 2o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. ~ copy of the document 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. ~ MAFA~F~ENT IHPA%'~ None MAR ,1. ! 1997 Executive Summary Quail Walk Phase Three Page 2 ~ATIO~z That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail Walk Phase Three" 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. PREPAKED BY: J~hn R; Houldsworth] Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Donald W. Arnold ing Services Director Vincent A'. ~te~, Administrator Community Dev. and Environmental Svcs. Date bate Date Community Dev. and Environmental S¥cs. DIVISION ~:ew ; I R 26 E PLANNED UNIT DEVELOPMENT I 2 3 4 $ 6 7 9 10 I1 12 1.3 14 I$ 16 17 18 20 21 22 23 24 -.5 26 27 28 29 30 32 33 34 36 37 38 39 a0 41 42 43 44 47 48 49 52 57 RESOLUTION NO. 97- RESOLUTION AUTIIORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IN~PROVE.".IENTS IN QUAIL WALK PHASE THILEE. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAFNTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE . WATER AND SEWER IM'PROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINrED BY Tile HOMEOWNERS ASSOCIATION. WI-'FEREAS. the Board ofCounty Commis. sloo~ o(Col:Go' County. December 19, 1995 approved the plai of Quail Walk WI-~REAS, the developer has constructed and and sewer improvemems in accordance with the ai:~ by lhe Land Devclopmen~ Code (Coll;o' Coumy Ordinanc~ No 91-IO~ as Utilities STandards and Procedures Ordinance (Co41ier County Or~f~ance and ~,~,q-fEREAS. The developer has now rt'-que-~cd final accti~ce of the ro~"~y. ~ water and sewer improvements and release of bls ma. lmenance st',~s~. ~ W]-LEREAS, ~he Compliance Services Section or,he I3~ So'-,icts I~ has inspected ~he roadway, dra na§e. wazer and sew~- impro,~-.~et~s and is r~ acceptance of said faciliHes. NOW. TF[EREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COM~slISSIONERS OF COLLIER COUNTY, FLORIDA, shat final acct'p~a, nce be ~:rats~ed for those roadway, drainage, wa~er and sewer improv,tmer~s in Quail Wal~ P't,ase TI~e~, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the Count), aCCel:X the future maintenance and olher auendant costs for Ibc roadway, drainaS, e, w'aler and se-w~ impro','tn~ms that are not required to be maintained by the homeown~s association. This ResoluHon adopted after n'~tio~ ~cond and majority vote favorin~ same. DATE: ATTEST: DWIGHT E, BROCK. CLERK Approved as lo form and legal sufficiency: Heldi F. Ashlon Assistant Collier County Attorney BOARD OF COUNTY COMI~.IISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN MAR 1 1 1997 Pg. To grant final acceptance of "Longshore Lake Unit 5B1" 1. On December 15, 1~9~, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Longshore Lake Unit 5B1". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and i5 reccmmending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the doculuent 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. }~nds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. None MAR 1 1 '1997 Executive Summary Longshore Lake Unit 5B1 Page 2 That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Longshore Lake Unit 5Bl" 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: John R. Houldsworth, Sen neet Engineering Review Date Engineering Review Manager Date ..... ~_~ ~:' b°nald w, Arnold ba%e Piann~.ng Services Director cent A. Ca~t--~-~, ~dministrator Community Dev. and ~nvironmental Svcs. Date Community Dev. and Environmental Svcs. DIVISION JRH:ew MAR 1 1 1997 Pa. ,~ _ E I R 2§ F ,TH I:1 NA ~LES 3 -6 ~S 7 I 2 3 4 5 6 '7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 53 54 56 57 $8 59 61 RESOLUTION NO. RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS FN LONGSHORE LAKE, UNIT 5BI. RELEASE OF THE MAJNTENANCE SECURJTY. AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOl'( THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WFLTREAS, the Board orCounty Commi~oners of Collier County. Florida. on July 2.5. 199.5 approved the plat of Longshore Lake, Unit 5BI for recording; and ~,q-IEREAS. the developer has constmcled and maintained t~ roadway, drainage, water ~tnd sewer improvements in accordance with thc approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102. as amended): gad the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. $g-76. as amended). and W}~REAS, the developer has now requcs~ted final acceptance of the roadway, drainage. water and sewer improvements and release of his maintenance security', and WH. EREAS, the Compliance Services Sexton of the Development Services Department has in:peered the roadway, drainage, water aad sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY TFEE BOARD OF COU'NTY CON~'IISSiONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improv:mems in Longshore Lake. Unit SBI, and authorize thc Clerk to release lhe maintenance security. BE IT FURTHER RESOLVED Al,q) ORDERED that the County accept the future maintenance and other altendanl costs for the roadway, drainage, wmler and sewer improvements that are not required to be maintained by the homeowners association. Thi~ Resolution adopted alter motion, second and majority vote favoring same. DATE: ATTEST: DWIGH'r E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By:. TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney MAR 1 1 1997 Pg. ~ ~XECUTIVE ~UMMAR¥ ORECOI~h'D~TIO~ TO ~P. ANT F~NAL ~CCEPTA.NCE OF THE RO~D~y~ ~FAT]ZR. ~ND 8L'Wl~:R ~HPROVF. HEI~I'S FO~ THE FINAL PLAT O~ ~LO~SHO~E LAKE UNIT TO ~ant final acceptance of "~ngshore ~ke Unit 5B2" 1. On December 15, 199~, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Longshore Lake Unit 5B2". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeo%rners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is reco~nending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowr, ers association will b~ maintained by the County Transportation Department and the County Utility Divisions. F~=nds for the routine maintenance and upkeep will come from the Operations and Maintenarlce budgets of the Transportation Services and Utility Divisions. ~ IMPACt: None Executive Summary Longshore Lake Unit 5B2 Page 2 That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Longshore Lake Unit 5B2" 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. PRi~ARED BYi John R. Houldsw0rth, Senior Engineer Engineering Review bate ThOmas E¥ Kuck, P.E. - Engineering Review Manager Planning SQrvices Director V n-]~nt A. Cautero, Administrator Community Dev. and Environmental Svcs. Date z .I~_ := f~-.. Date Date Community Dev. and Environmental Svcs. DIVISION MAR ! 1 1997 ~ND PLANNED UNIT DEVELOPMENT I ~ --' 1 cocu~ co 11 ~1 ? ~ 10 NORTH NA'PLES _ ,,. ,. ~,~ . ,, ,. ~ ,,,. , ~__. , ~ 1~ ~1/= URBAN ~- ESTATES AGE ~~ v" NO. ~ ~ ,.c~,,. MAR i 1997 ,= , . , ~.[~ 1 2 4 $ 6 ? 9 IO 11 12 14 15 ]6 1'7 ]~ 20 21 22 :2] 24 26 2? 2~ .29 30 31 32 ',14 36 .3'7 4o 41 42 44 45 46 4'7 48 49 50 .si 5'2 54 56 $7 59 61 RESOLUTION NO. 97- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TIIOSE ROADWAY. DRAINAGE, WATER AND SE\VER I,",tPROVEhIENTS IN LONGSHORE LAKE, UNIT 5B2, RELEASE OF THE MAINTENANCE SECUPdTY, AND ACCEPTING THE I~IA/NTENANCE RESPONSLBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWE. R INiPROVEMENTS 'I-HAT AKE NOT REQUIRED TO BE MAINTAINED BY THE HOI',/~EOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida., on December I S, 1995 approved thc plat of Longshore Lake, Unit 5B2 for r~ording; and \VI-[EREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 88-76, as amended), and WHEREAS. the developer has now requested final acceptance of the roadway, drainage. water and sewer improvcmems and release of his maintenance security; and \VI-'[EREAS, the Compliance Services S~don of the l~velopment Scrv'ices Depa. r~m~nt has inspected the roadway, drainage, water and sewo' improvements and is r~cornmendin$ acceptance ofsald facilities. NOW, THEI:LEFOKE, BE iT KESOLVED BY THE BOARD OF COUNTY COM]VFlSSIONERS OF COLLIER COUNTY, FLOKIDA, th, at fim. I accept~ce be gr~nted for those roadway, drainage, water and sewer improvements in Longshore [.alee, Unit 5B2, md authorize the Clerk to release lhe maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs For the ro~dw2:y, drainage, water and sewe. r improvements that are not required to be maintained by the homco~crs as~adon. This Resolution adopted after motion, second and majority vote favcrinS same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CONDdlSSIONERS COLLIER COUNTY, FLOPdDA By: TIMOTHY L. HANCOCK. CHAIRMAN Approved as to form and legal sufficiency: Heldi F. Ashton Assistant Collier County Altorr~y MAR 1 1 1997 E XE C73T IV"E S trMMARY WATER FA~ILITI~-$ ACCEPTANCE FOR NEW HOPE MINISTRIES OBJECTIVe: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve New Hope Ministries and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of New Hope Ministries, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. · 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed .in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $1,560.00 has been accepted as surety. FISC~ IMI~ACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. Executive Summary New Hope Ministries Page Two ~C~N59ATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for New Hope Ministries, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for the cash bond in the amount of $1,560.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 3) Florida Department of Environmental Regulation furnishes a lettez authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the County's requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of payment bacteriological testing of water usage from Utilities for' PREPA3{ED BY: rin Shirley Nix," ~ ' . g Technician II Eng!ne~r~i~g ReView Services Date REVIEWED~, ~'?: Engineering Revtew.,S~v_i~e~ Mana~'er Donald W. Arnold, AICP ~" ' Plann~r~g Services .~'partment Director Vt&c'efit 'A'. Ca~fb, Administrator C~ITY DE~LOPMENT ~D E~IRO~ENT~ [.ERVICES Date bate '-- ? Date MAR 1 1 1997 LOCA-RON MAP Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners 4890 2/27/97 3:09:35 PM 2/27/97 I Payment Slip Nbr 7471 NEW HOPE MINISTRIES, INC. NEW' HOPE MINISTRIES Payor: NATIONS BANK Fee Information ' Fee Code I DescripUon i GL Account 12BOND j DEPOSITS-COMM DEV (CASH BOND) 670OO00002201130OOO0 Amount, Waived t $1560,O0 Total $1560.00 Payments .~.Payment Code : Ancount/Check Number Amount CHECK ! 0513923 $1560.00 Memo: Total Cash Total Non-Cash $0.00 f , $156o.oo I Total Paid [ $1560.001 Cashier/location: FROLOFF_E / 1 User: NIX_S Collier County Board of County Commissioners CD-P/us for Windows 95/NT Pdn o 0 o TEL: Mar OZl 97 12:12 No.C, i5 P.O2 EXISCUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.572 "HERON PARK APARTMENTS" LOCATED IN SECTION SOUTH, RANGE 25 EAST: BOUNDED ON THE NORTII, IIY ST. MATHEWS HOUSE AND TIlE GLADES APARTMENTS, ON THE EAST BY THE GLADES APARTMENTS ON THE SOUTII BY COLLIER COUNTY GOVERNMENT CENTER AND GALLMAN PONTIAC DEALERSIilP, AND ON THE WEST BY AIRPORT ROAD AND COMMERCIAL PROPERTi ES. ~ To issue Excavation Permit No. 59.572 for tile project known as 'Heron Park Apartments" in accordance with County Ordinance No. 92-73, Division 3.5 as amended. CONSIDERATIONS,' Thc Petitioner proposes !o obtain a co,umerciM excavation permit to allow lake excavation to the commercial dcpth of 20 fe~t. There will be no offsite hauling of material. FISCAL IMPACT; The fiscal impact to th= Counly is none. Thc security amount is $25,000.00 The County will realize revenues as follows: Fund: !i3 Agency: County Man~ger Cost Center 138900 - Development Services Revenue Beuerated by this project Total $1076.00 The brcakdown is as follows a) Excavation Re. view Fee - $850.00 b) Excavation Permit F~e- $226.00 GROWTll MANAGI~MENT IMPACT: None RECOMMENDATIO~A That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.572 to for Ih¢ project known as "llcron Park Apartm~ts" with thc following stipulations: AGE,N, DA ITEM No._ . NAR 1 1 1997 pg.. t TEL: Hat 04 97 12:12 No.O15 P.03 The excavation shill be limited to a bottom elevation of .14.5 fl. NGVD. All dislurbed ~r~s proposed for lake e. xcavalion shall be excavated to a minimum cl~wtlon of-2.:5 NGVD. No excavated material sh~ll be removed from thc project r,41c. The lako lit[oral z~ne shall Ix: crcated and planted as indicat~ on thc Plan of Record. In order to ensure a minimum eiSh~y percent (SO*i) coverage or'lit[oral zone pl~nlin$ ~ear~ a performance ~u~&nl¢~ ba~d on a cost estimate to r~l&cc ibc original installed littoral zo~ plans, will b~ required upon complctkm and a¢c_,:'ptam;c o{' the excavation (LDC 3.5.7.2.5). ~ lh-O~'o~ o(' Col~er County OrEmance No. ~-73, div~ion 3.5 sl~ll I~ ~l~'ed ~o. W~ere ~roundw&ter i~ proposed lo be I:)ump~l during the ~xcav~tin8 operation, D~at~ing P~t ~ ~ ~tai~ from t~ South ~o~da Wat~ M~g~t ~r~ (S~D), a ~y ~o~d~ to Proj~t PI~ R~i~ For a~oval ~ior ~o the ~~ ~ d~~ ~ty on the ~lc. No blasting will be p,:rmitt~ mfless issued a separate permit by ("..oilier County Project Plan Review. If trees are to be removed as a result of the excavation operation, a Vei~elation ]Removal Pcrmi! require, d by Collier County Land Dcvclopmem code Division 3.9, shall bc obtain~ from Collier County Currenl Planning Sccdon before work shall A {wcnty foot (20') maintenance casement shall be providc'd ~round thc perimeter of lhe lake and a twenty foot (20) ncccss ~semcnt to iT shall be provided The easy, merit ~all be accessible to all maintenance vehicles. AGENDA ITEM 2 NAR 11 1997 Pg.__ Executive Summary Commercisl Exc. No. 59.572 Pase 3 PREPARED BY: ~'ROmCT ~L~ ~VmW P.~V]~WED BY: : THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DONALD W. ARNOLD PLANNING SERVICES DIRECTOR ~C~ A. CAIRO, ~M!~ST~TOP. COb~TY DEV. A~ E~RON~N~AL SVCS. DATE DATE' DATE MAR 1 1 1997 ~AR 1 1997 PLAT To approve for recording ~he final plat of Heritage Greene. ~BXD~ATIO~ I The Board of County Commissioners approved for recording the final plat of Dove Points on November 2, 1993, ae part of a PUD amendment, the name of the aubdlviston is now Heritage Greene. The fiscal Impact to the County ie none. The project cost te $2,462,534.00, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $2,708,787.00. The developer has provided a Construction and Maintenance Agreement for Community Development Districts as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $51,501.69 Fees are based on a construction estimate of $2,462,534.00 and were paid in July and october, 1993, and are reflected in the Executive Summary of November 2, 1993. MAR 1 1 1997' Executive Summary Heritage Greens Rage 2 None That the Board of County Commissioners approve the final plat of #Heritage Creens,, with the following stipulations: 1) Accept the Construction and maintenance Agreement for Community Development Districts as security to guarantee completion of the Subdivision improvements. Au~horize the recording of the final plat of "Heritage Greeng~. 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvamentg have received preliminary acceptance. PREPARED BY: R. Houlda~orth-, nior E'ngihJ"ar Engineering Review Date REVIEWED BY: Thomas ~. Kuck, P.E. Engineering Review Manager - DoKa~. A~nOld ' ~.~ Director - Planning Set.cea 9thcent ~. Cauter0, Ad~tstrator Co.unity Development & Enviro~ental Services Co.unity Dev. and Enviro~ental Svcs. DIVISION Date Date Date MAR 1 1 1997 ..... '~, ,,, ... :~ .: "~-~ : ~ .-..~ .,.,,~ ~ .. '.,.. ..~.:..:., '~. -:.:'-., ..... ...'.: .... . ...... - ...... ., ._~..-~.'.~. . ~' CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IHPROVEMENTB OF COKHUNITY DEVELOPMENT DISTRICTS T}IIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of , 19 by and among HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, an independent special district and body politic of the State of Florida (the "District"), HERITAGE GREENS DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership (the "Developer,,) and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as Heritage Greens (the "Plat"). °' B. Division 3.2 of the Collier County Land Development Code (the "Code") requires the District and the De'~eloper to provide certain guarantees to the Board in connection with the construction of the improvements required by the Plat. C. The District and the Developer desire to provide the required guarantees to the Board hereby. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the District, the Developer and the Board do here'by covenant and agree as follows: OPERATIVE PROVISIONS: 1. Required Improvements. The District will cause to be constructed: Those certain roadways, 'drainage and water management facilities and water and sewer utility facilities for Heritage Greens, except those improvements within the golf course (collectively, the "Required Improvements"). Subject to Paragraph 3 hereof, the Required Improvements will be constructed within thirty-six (36 -mon~/~f~$he~ date that the Board approves the Plat. 2. Security for Required Improvements. A construction fund (the "Construction Fund") has been established by resolution of the District adopted on December 27, 1996 (the "Bond Resolution") from which the cost of construction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee"}. Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution shall be deposited, at a minimum, in the Construction Fund as follows: $2,462,534.00 for costs of the Required Improvements (the "Construction Amount") and $246,253.00 representing ten percent (10%) of the Construction Amount (the "Reserve Amount". The Reserve Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof. In addition to the foregoing, proceeds of the Bonds shall be deposited with the ~rustee to be held as capitalized interest which shall be sufficient to pay interest on the Bonds during the seventeen (17) month period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an amount sufficient to pay approximately twelve (12) months of debt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements and all other improvements authorized by the Bond Resolution, as well as to fund the Reserve Amount. 3. Construction of Required Improvements. (a) Annexed hereto and made a part hereof as Exhibit A is a Construction Schedule relating to the Required Improvements (the "Construction Schedule"). The District shall commence construction of the Required Improvements within sixty (60) days following written construction approval to the District from the Development MAR 1 1 1997 2 obtain the Development Services Director,s Preliminary Approval of the Required Improvements. In no event shall the Board refuse Preliminary Approval of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Maintenance and Reserve Amount. The District or Developer, as the case may be, shall maintain all Required Improvements for a minimum of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the District or Developer and upon submission of a written request for inspection, the Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code shall recommend approval to the Board. The District or Developer,s responsibility for maintenance of the ~equired Improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Sums equal to the Reserve Amount shall be maintained by the Trustee on deposit in the Construction Fund until the final approval of the Required Improvements. The Boar~ shall reflect its acknowledgment of such finding by notifying the District, in writing, of its final approval of the Required Improvements. Upon receipt of notice of such final approval, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund. In the event that during the inspection the Director finds that all or some portion of the Required Improvements are not in compliance with the Code, the Director shall promptly specify, in writing, to the District those deficiencies that must be corrected in order to bring the Required Improvements into compliance with the Code. The District shall apply the -4- MAR 1 1 1997 Reserve Amount to payment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, the Developer shall bring the Required Improvements into compliance with the Code. Upon correction of the specified deficiencies and written notice thereof, the Director shall again inspect the Required Improvements and, if found to be in compliance with the Code, shall submit such findings to the Board for its final approval thereof. 6. Plat Recordation. The parties acknowledge that this Agreement is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meeting the requirements established by, Division 3.2.9 of the Code. The parties acknowledge and agree that following the Board's approval of the Plat: (a) The Developer shall not be entitled to record the Plat until the Board receives: (2) Written notice from the. Trustee that sums at least e~al to the Construction Amount and Reserve Amount are on deposit in the Construction Fund (the "Trustee Notice"); Written notice from District and the Trustee that: (a) The project for which bond proceeds have been received by District includes the Required Improvements; (b) Such Bond proceeds are sufficient to finance the Required Improvements as well as all other improvements to. be financed by the Bonds (collectively "the Project") and to fund the Reserve Amount. The Trustee's representation that funds are sufficient to finance the Project for which Bond proce,lds N~.~n- -5- MAR 1 1 1997 (.]) instrument authorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: Gary L. Moyer, District Manager 10300 N.W. llth Manor Coral Springs, Florida 33071 To the Developer: James M. Reinders 277 North Collier Blvd. Marco Island, Florida 34145 To the Board: c/o County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 With a Copy to: Collier County Attorney Collier County Government Center 3301 East Tamiami T. rail Naples, Florida 3¢112 To the Trustee: First Union National Bank of Florida Attn: Ms. Vivian Cerecedo 200 South Biscayne Blvd. Miami, Florida 33131 IN WITNESS WHEREOF, the District, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives as of this day of , 1997. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF~ ATTES ~/ District Secretary Witn~r~J~. -~kD CO M O ~ -7- DISTRICT: HERITAGE GREENS COMMUNITY_ DEV~ DISTRI~ . a m~. Re±nder~¢ha±rman ~R~R~REENS ~EVELOPMENT LIMITED By:~--' ATTEST: DWIGHT E. BROCK, Clerk ~OARD ~ BOARD OF COUNTY COI~fISSIOKERS COLLIER COUNTY, FLORIDA By:,, Approved as to form and Legal Sufficiency. ~.,David ~'Weigel Collier County Attorney Acknowledged and assented to: FIRST ~INION NATIONAL BANK OF FLORIDA as Trustee under the within-mentioned Bond Resolution By:~/~~~. Timothy L. Hancock, Chairman OF 2°heritage\conamain.a~ -8- MAR 1 1 1997 25, 19}7 Mr. ~ack G. Ma~.~ Agncll, Bark~: & Brundac. e, Inc. 7400 North Tamiami Trail, ~uite 200 ~les, Flori~ 34108 Tarou~h :his le=;er, ~e wish to notify your office of the following actic=m ~,hat Bonness Inc. is offering to exe~-n~e tn order to initiate work at Mertta.ce AS y~ know, our lwnp su~ bid for the c~lo~ment of the infrastruc%ure is for $1,314,514.00 ( Coe million three burxir~d and fourt~n thousand fiv~ h,zx~red and fou.-~.e~, dcllers ar~ zero c~nts ]: this at doss not mlclmr ~ny ~rthwork. .. The ear~b~ork ac-.ivity ~s considered exclusively part of the golf course de%~Ict:~ent: therefore the lump sum figJre presented for. the dev~!o~ent of '-be infrastructure lack~ this activity. For this reason ~ are ~illl.ng to ;he infrastructure including the n~=~ssary earthwork for a total lump ~ of $~,462,534.00 ( Two million fc~r hu~ndred ar,4 sixty two tbcus~d fi,~ thirty four dollars and z~ro cents ). S:-~uld you have any que~ions or comments on our no;ice, pl,ase do not h~[tate to cc~cact our office.. Da':ld' Hurd ~ AGENDA. MAR ! 1 1997 PI. ~ "0 MAR 1 1 1997 ......................... :...... ........... :.:.:.:.. :.:.:.:.: . :.:-:.:...:.:.:.:, ,'.v. v.':. ..v... ,..,+. I ..................................... :5:;:: ::::5:: · ::.':.':5: ........................................ :.:.:.:.: . :::.'21 ,~ .:.:.:.:- i .'..~.?: .:.[.;.: v:.:' !.'.-.~.' ..':o.~ :':':':': :':':':': ::':':'" !:i:i:!i 18::: ::':::::: ::::::::: :::i?."~ ~ ::::::::: . ::::::::: . :::::::: :::::¥ i:i:?i:i i:i:i:i:i i:!:i:i: ~ ......................... :i:!:!:i: .............................. ............... iiiiii!! ........................................ .......... !~i~!ji? ............................................... AG£~ _ No. MAR ! 1 1997 .........,,,. /~. " '" EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE AND APPROPRIATE A PORTION OF FY 96197 CARRY FORWARD TO OPERATING FUND (131) MARCO ISLAND BEAUTIFICATION M.S.T.U. DISTRICT, FOR CONTINUED SOD/MEDIAN LANDSCAPE REFURBISHMENT. ~: To seek Board Approval for recognition and appropriation of a portion of FY 96/97 unrecognized carry forward to Operating Fund (131). The Fund allocation is required for continued removal and replacement of dead turf and the refurbishment of those affected medians with new plantings. CONSIDERATIONS: Previous Board approval for Funds necessary to continue the Median Refurbishment Project on Marco Island [Agenda Item 16 B (13), 1/7/96], has provided for a separate Purchase Order 702689, Project Number 67034 (refurbishment only), that has been issued to Environmental Care Inc., the current Landscape Maintenance Contractor (Bid 95-2418), to facilitate the continuation of this project's refurbishment, should it proceed beyond the end of FY 96/97. The cost of $.27 per sq. ft. for sod removal and placement wi!l remain consistent with the original contract proposal approved April 16, 1996 Agenda Item #16(B)(2). All refurbishment of plant bed areas requiring removal and/or new installation will remain on an 'as-needed per-median basis" and will be billed according to the FY 96/97 contract renewal agreement that provided for a 3.8% CPI increase, which translates to new hourly rates of $18.01 per hour for labor and $27.51 for supervision. Marco Island M.S.T.U. Fund:(131) B.C.C. FY 95196: Agenda Item #16(B)(2) approved April 16, 1996 Envlronmental Care inc. (Bid #95-2418): Refurbishment Services .............................................................. $110,500 R_efurbj.,,~Z~3.c, PJ Expenditure During FY 95/96 $ 38.000 FY 95/96 Appropriation Balance (P.O. 702689) ................................ $ 72,500 FY 96/97 Refurbishment Expenditure to Date .... Presen! (P.O.) Balance ............................................................... $ + 8,200 Completion of Current Refurbishment Phase(s) (estimated) ............... Funds Required for Final Phase S. Barfield Dr. (estimated) ................ Minus Present P.O. Pc_alance (P. O. 702689) Total Funds Anticipated to Complete Refurbishment ......................... $ 45,000 $ 75,000 $ -8.200 $111,800 REQUIRED FUNDS REMAIN AV~ · FY 96/97 Operating Fund 131-162540-634999(Other Contractual Services) · FY 96/97 Unrecognized CatTy Forward ................................................ $ 40,000 $ 71,800 TOTAL FY96/97 UNRECOGNIZED CARRY FORWARD .............................. $122,2oo Note: Although, $71,800 is required to Fund the continuing Median Refurbishment Pro, Cc? ?.~e.~ q balance of $ 50 ,400 willso to Eund 131 reserves. I MAR 1 1 1997 PAGE2 EXECUTIVE SUMMARY MARCO ISk~ND REFURBISHMENT GROWTH MANAGEMENT IMPACT: None. J~(~MMENDATION: That the Board of County Commissioners approve, recognize and appropriate the requested Seventy One Thousand Eight Hundred Dollars ($71,800.00) of the Total Unrecognized Carry Forward to Operating Fund (131) Marco Island Beautification M.S.T.U., and approve all budget amendments required to increase the existing purchase order (P.O. #702689), needed to continue the refurbishment project, a~d reco~ai.~e cbc rema[ain~ $50,/+00 carry forward balance and apply i~ to Fund 13] reservea. PREPARED BY: REVIEWED BY: REVIEWED BY: ~,ephen . Fabiano, Engineer II TransEortation Dept., Landscape Services David F. Bobanick, Interim Director Tra/0~odatlon Department _.,~ ..~. ~,.~ z-x""~' ./'/i,.~. c-.-- DATE: Raymond W. Miller, P.E., Interim Administrator/ / Public Works TRANSPORTATION DEPARTMENT SFF/DFB _F..~_EC UTtVF_. SUMMARY RECOMMENDATION TO AMEND THE EXISTING CONTRACT FOR CONSTRUCTION OF ADDITIONAL PATHWAY LOCATIONS FOR THE COUNTY-WIDE PATHWAYS I PROJECT, BID fr07-2621. ~iVE: To obtain Board approval of a contract amendment for construction of additional pathways to Bonness, Inc. per Bid No. 97-2621. ~)..[~D~F~: On March 5, 1996 the Board approved a list of projects (attachment 1) for pathway work as prioritized by the Pathways Advisory Committee for the MPO. On August 13, 1996 the Board amended the Pathways Work Program for Commission District 2 to expedite construction of the Nottingham Ddve location to accommodate the opening of Pelican Marsh Elementary School On Februar3~ 18, 1997 the Board awarded the contract for County-wide Pathways I Project, Bid No. 97-2621 to Bonness, Inc. The project locations include Barfield Drive and San Marco Road on Marco Island as well as Solana Road in North Naples and 50th Street SW in Golden Gate City. Design has been completed on an additional project location adjacent to Sugden Regional Park along Outer Drive and Lcmbardy Street. The engineering estimate for this Ioc~tlon is $ 26,331.00 and shall be provided from Parks & Recreation CIE funds (Fund 345). An additional Parks & Recreation funded location is the 'Ti,~tertail Beach area on Marco Island. A Marco Island citizen approached the Transportation Services Department with safety concerns for the Kendall Drive and Hemando Drivs corridors which lead to TIgertall Beach where there is a high volume of roadway users that include cars, bikes, pedosldans, roller bladers and baby carriages that have the beach;recreation as their destination. In an effort to expedite the construction of the sidewalk on the undeveloped properties this citizen has agreed to donate $10,000.00 towards construction. The Office of Capital Projects Management staff have done an engineering cost estimate for the Kendall and Hemando segments for placement of a temporary 5 foot asphalt sidewalk with an estimated amount of $18,999.00. T,hs following is the funding allocations for the proposed additions to contract Bid No. 96-2621: AMOUNT FUNDING FROM FUNDING TO Initial Contract $100,668.85 313-163673- -69081 Same Additional Locations: Outer Drive and Lombard¥ Lane $26,331.00 345-919010-900000 345-156401--6908'1 Kendall Drive and Hernando Drive $18,999.00 345-919010-900000 345-156401--69081 Total to be added to Collier $45,330.00 Count,/ County-wide Pathways I Proiect Total amended contract Bid No. $145,998.85 97-2621 MAR 1 1 1997 FI~: Available funding for design and construction of the recommended additional facilities are outlined above. The BCC needs to recognize the $10,000 revenue received from a private contribution and transfer to the expenditure account listed above. GROW'TH MANAGEMENT IMPACT: This work is a necessary component of a transportation capital project which is consistent with the Growth Management Plan and trinse pathway locations are consistent with the Collier County Comprehensive Pathway Plan. RECOMMENDATION: That the Board of County Commissioners authorize staff to accept the $10,000.00 private donation in fund 345-156401-386900-69081 and amend the ex/sting contract for Bid No. 97-2621 to Bonness, Inc. in an amount not to exceed $145,998.85 and approve the necessary budget amendments. Russell D. Muller George ff. Parker Sr. Project Manager REVIEWED BY: A ~.~a ry Fra r,4~o Park Superintendent DATE: 2'. z'7- 9'7 DATE: '~'/'~' '7/'~'7 DATE: Stephen Y. Camell Purchasing Director BY:D~vTd/- f. Bobanlck REVIEWED Interim Transportation Director REVIEWED BY:_ Raym'~nd W. Miller, P.E. Interim Public Works Administrator DATE:i ~._ ' / DATE: DATE: RDM/trrV0227971esBid 97-2621.doc i "/ HAR 1 1 1997 MAR ] 1 1997 K.~ r o o HAR 1 1 19~7 EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO, 97-2628, MARCO ISLAND BEACH RENOURISItMENT TO LAKE MICHlGAN CONTRACTORS, INC., IN TIi'E AMOUNT OF $397,000.00. ~.~.~3~: To award a contract to renourish approximately 3,000 lineal feet of eroded beach on the aouth end of Marco Island by dredging approximately 47,000 cubic y~rds of acrid from Caxambas Pass. CONSIDERATIONS: Sealed bids for Bid No. 97-2628 were opened on February 19, 1997. Advertisement for bids was posted on January 17, 1997. Invitations to bid were sent to one hundred nine (109) vendors. A summary ofthe bids receiv~ is as follows: Kelly Brothers, Inc. $317,700.00 Lake Michigan Contractors, inc. $397,000.00 The staff has reviewed the total costs and has found them to be correct as tabulated. The Design Professional's estimated cost of construction was $333,200.00. Baaed upon a review of the proposals, the staff'and design professional requested each bidder to provide additional information to enable an adequate evaluation of their abRity to succet, sfi~ly complete the project. As a result, Kel/y Brothers, Inc., has ~ demonstrated that their plant and equipment has sufficient capacity to construct this project within the construction time window mandated by the permJts. In addition, prior construction experience in an environment similar to that of this project has not been demonstrated by Kelly Brothers, Inc. On the other hand, Lake Michigan Contractors, Inc., has demonstrated that their plant and equipment has sufficient capacity to construct this project within the construction time window. Lake Michigan Contractors have successfully completed a similar project for the City of Naples ~.t Doctors Pass as well as completing numerous projects similar in nature for the U. S. Army Corps of Engineers. The following additional information is provided to enable a complete understanding of the circumstances involved with this consideration: The required state and federal permits have not been received to date. It is recommended that award of this contract be subject to receipt of said permits on or before March 17, 1997. Since the bids were opened prior to receipt of the permits, any unanticipated special conditions which would be contained in the permits may result in increased costs of construction. MAR1 1 B97 Iviarco lgand Beach P,~-noufishment P~ge 2 If this coutr~ is uot awarded at this time to enable construction to be completed prior to start ofthe Sea Tu,lle Nestin~ Sea.son on May 1, 1997, construction then could not be performed prior to November 1, 1997. o In evaiuatin8 the coat differential aat, ociated with the recommeuded coai~act award amount, a comparison ~ made to the Doctor{ Pm project, Accounting for a diif~ent n~hod of sand placement and the time of construction, the total bid by Lal:~ Michigan Coutraclors, L-lc., of $397,000.00 compares f~vornbty with t,h~ of Doolc~ Pazs which was successfully completed in September, 1996 for the City of Naples. T~Jr4~ ~11 these items into con,gderntion and in the interest of compl~irt8 con,,qrucfion on this project prior to start of the ~ turtle nerdn8 season, it is recommended that Bid 97-2628 be awarded to the on{y responsive bidder, Ls. ke Michigan Contractors, Inc., 265 Kollen Park Drive, Holland, Michigan 49423, in the amoum of $397,000.00. Cost: S397,000.00; to be obligated ha the budget for FY 96/97 Fund: (195)Tourist Development - 60% Cost Center: (110406) Beach RenourirJanent - Category A Project Number: (80218) Marco Island Beach Maintenance Funds in the amount of $333,200.00 have been appropriated for this purpose. Therefore, approval of a budset amendment is necessary whereby funds in the amount of $103,500.0~ ($63,800 + 10% contingency) will be transferred from the reserves of Fund 195 to Account No. 195-110406- 763100-80218 to provide sufficient funds for this obligation. GROWTH MAN~AGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Award a contract for Bid No. 97-2628, Marco Island Beach Renourishment, to Lake Michigan Contractors, Inc., in the smount of $397,(X)0.00 subject to receipt of state and federal perrrfits on or before March 17, 1997. 2. Approve the necessary budget amendment. 3. Authorize the Chairman to execute the contract. [ i I I 1997 Marco l~a~d Beach Renouri$]u~nent Fcbru~ ~5, 1997 Pa~e 3 PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Harold E. Huber, Project Managex III Office of Capital Projects Management Stcv~ C~xnell, Director Office of Capitsl Prp. j~s Mmagement PubLic Works Division Attachment cc: Steve Carnell, Purchazing Department Mar~ Island Beach Ren. ourishment AdvisoD. Committee B~ch RenourishrnentfMaintenanc¢ Committee Coastal Engi,~eering Consultants, Inc. Kelly Brothers, Inc. Lake Michigan Contractors, Inc. ~AR 1 ! 1997 8'R-25-~7 17::30 COA6TAL ENGINEERING CON5 INC COASTAL ENGINEERING CONSULTANTS INC ID'I g41 643 2324 P,OI ~ l. dand Beach It~ourJ.~u~t CEC FIIe No. ~f.~2 (M1090) In ortkr to evaluate thc: bids provided by K. clly Brothers and Lake Michigan Cotttracax~, we requ~ additional infom'~on from both contracax~. To dam, we recei~ the infixmxtion from Lake Michigan Contr~tors but not Kelly Brothers. Then:fore, we cont~ ~, the manurer of the dredge ~cifie. xl by Kelly BrotherL diz~c~y. We gave them the ogx:rati~g paramctcr~ of the job including pumpiag distance, water depths, wave heiglm, contract t/me, and volume ard ch,tract~ of se/i/mem. They indicated tim Kenner dredge used by Kelly Brotliers would have to have ~ follow/ag: 1. I0' cutterhead miaimura 2. Booster pump B. 10' spuds 4. Side tanks They stated that even with th/s equipment, it would be very difficult tO achieve the rc~u/r~d capacity for ~c job, Based on our review of ~ limited information provided by Kelly Brothers on their Plant and F-ttuipment schedule and the data provided by Kcnncr, it i~ our opinion that K~Ily Brothm's h~ not demonstrated their plant and equipment has sufficient capacity to comtruct this project within the narrow con.mnction time window mandated by the permits. Based on our review of Lake Michigan Conl:ractor's information, it is our opinion that they have demonstrated their plant and equipment has sufficient capacity to construct this project within thc construction time w;.ndow. Therefore. our recommendation of award is to Lake Michigan Co~rs. If you rextuir~ additional information, please contact us. Very truly yours. COASTAL ENGINEER/N'G CONSULTAd',,,'TS, INC. Mic~! T. Poll. P.E.~' 3106 S. HORS£S~OE D~IVE · NAPLES, FLO~{DA 34104 · (941) 643-2524 · FAX (941) 64311 EXECUTIVE SUMMARY R~COMMENDATION OF SP~ED LIMIT CHANGES TO THE ROADWAY]; AS LISTED BELOW IN CONFORMANCE WITH BOARD ACTION ON 8/6/96 AND RESOLUTION 96- ~atO ALLOWING RESIDENT[AL ROADWAY SPEED LIMIT REDUCTIONS TO TWENTY FIVE MILES PER HOUR (25 MPH). ROADWAYS EFFECTED: Whltehurst's Replat, PB 5, PG 5 (All Roadways) Haldeman River Subdivision, PB 2, PG 87 (All Roadways) Palm River Estates Subdivision (All Roadways) 41" Terrace $W (between 25~ PL $W and 20m PL $W) OBJECTIVE: Notification to the Board of Cornmlssloners of the recommended Speed LImH: change from 30 MPH to 25 MPH on the above listed roadways. CONSIDERATIOHS: In conformance with dlrectlon from the Board of Cornmlssloners, this Department has analyzed roadway conditions on the reouested roadways. Based on the findings of this Department, It has been determined that lowering the speed Jlrnlt to 25 MPH will be In conformance to Resolution 96-340 and In the best Interests of the reslden~s riving on these roadways. FISCAL IMPACT: Approximately 10 speed limit signs will be changed at a cost of S4.0o each plus labor. These changes are completed during rouUne work wlthln the area and labor costs are minimal. Money Is currently budgeted in the Traffic Operations Budget; Fund 101. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATIONS: That the Board of Commissioners accept this notification and direct this Department to Implement signing changes per Resolution 96-340. PREPARED BY' L-~//~'~ .~;~-~/' .~ DA .... TE: · NAN~ FR~, ENG~NEE~O TECHNICIAN ' ' , ERATIONS SUPERVISOR : - " ' ' DAVID F BOBANICK, INTERIM TRANSPORTATION DIRECTOR RAYMeND W. MILLER, P.E. INTERIM PUBLIC WORKS ADMINISTRAfOR HAR 1 ATTACHMENT NO. 1 TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECTION ROADWAY ANALYSIS FOR SPlilD REDUCTION Roadway Inspection for the purposes of evaluation requirements for local road speed reduction from 30 mph to 25 mph per resolution 96- 340. ROADWAY: 41" Ter~ce SW (between :23 PL SW & 20 PL SW) EVALUATION DATlS: 2/11~/97 ANALYSIS (Yes/No/Comments) 1. LoCal Residential Street __Yes 2. Road Width (less than 24 FO __Yes 3. Right-of-way Cross-Section (Set Backs) __Yes 4. Sidewalks or Bike Facilities No 5. Road Length (Longer than ~A mile) ~No 6. Sight Distance (250 FtJ Yes 7. Special Geometrlcs 8. Existing Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut-Thru Movements) NO 10. Pedestrian/Bike ACtivity 11. Existing Signing and Markings Additional Findings and Recommendations: None ___Light Yes Heavy durlng evening hfs No Date Scheduled for BCC Agenda: Date of BCC Approval: Date of S.O. Notlflcatlon: Date of Installation: I MAR I 1-1997 ATTACHMENT NO. 1 TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECTION ROADWAY ANALY$11 FOR IPliD P~DUCT1ON Roadway Inspection for the Purposes of evaluation requirements for local road speed reduction from 30 rnph to 25 mph per resolution 96- 340. ROADWAY: Palm River IVALUATION DATIS: 2/11/97 J~Md. UAllON FACTORS_: 1. LoCal Re$1dentlalStreet 2. Road Width (less than 24 FO 3. Right-of.way Cross*Section (Set Backs) 4. Sidewalks or Bike Facilities S, Road Length (Longer than ~/~ rnlle~ 6. Sight Distance (250 Ft) ?. Special Geornetrlcs 8. E×Isting Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut*Thru Movements) 10. Pede~rlan/Blke Activity 11, Existing Signing and Markings Addttlonal Findings and Recommendations: ANALYSIS (Yes/No/Commant~? Yes Yes Yes There are some not all s13'eets ~Not all roadway~ ~re this long_ Winding Streets .. Light: NO .Yes- Light _30 MPH with Double yellow on Main Streets. Date Scheduled for BCC Agenda: Date of BCC Approval: Date of S,O. NoUflcat[on: Date of Installation: I MAR li lgg? TRANSPORTATION SERVICES DEPARTMENT TRAFFIC OPERATIONS SECT1ON ROADWAY ~AL¥~I$ FOR ~PEID EI~UCTION Roadway Inspection for me pu~oses of evaluation requirements for local roac~ speed recluctlon from 30 mph to 25 mph Per resolution 96- 340. ItOADWAY: Whltehuflt'l Rel:)let, PI l, Pg I ~ Hildeman River PI 2, Pg 87. To Include the follow/rig *treets: Arta,U:us Ava, Mangrove Ave, Waelc Ave, eflcl Ilec......~ Ave. B~I'ALUATIORI DATES: 2/12IJ7 1. Local Residential Street 2. Road Width (less than 24 FrJ 5. Rlght-of-v~y Cross-Section (Set Backs) 4. Sidewalks or Bike Facilities 5. Roacl Length (Longer than % mlle) 6. SiGht Distance C250 FO 7. SPecial Geometrlcs 8. Existing Traffic Volume 9. Traffic Characteristics (Thru Movements/ Cut-Thru Movements) 10. Pedestrlan/alke Activity 11. Existing Signing and Markings Additional Findings and Recommendations: (Yes/No/Comment~) ~YES _ __YES __Approx. 30' from Center,ne _ No _~NO ______Yes _Narrow Pavement. No curbs __3C~.~5 Peak Hour ~No ~Yes __None Date Scheduled for BCC Agenda: Dal:e of BCC Approval: Date of S.O. Notification: Date of Installation: ...~ MAR 1 I I 97 EXECUTIVE SUMMARY A~PROVE FINAL RANKING OF CONSULTANTS AND PROFESSION~uL SERVICES AGR~E)fENT WITH MISSIM~R INTERNATIONAL, INC. FOR A GROUNDWATER SALJNITY BA~IER FF-kSIBILITY STUDY, RFP ~96-2600 OBJECTIFE~_ The Board of County Commiesionere, ae the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve final ranking of Consultants as recommended by the Consultant Selection Couittee end approve a negotiated Prof&ssional Services Agreement with the n%u~ber one ranked firm, Missimer International, Inc., to ~rform ydrogeological and engJneering services contained in RFP 96-2600. ' ~ONSIDE~ATION~ On November 8, 1996, invitations for proposals were distributed by the Purchasing Department to two hundred six (206) hydrogeological and engineering firms. Five (5) r~turned formal proposals on or before the established deadline of December 13, 1996. The Consultant Selection Committee has ranked the respondents as follows: 1. Missimer International, Inc. 2. Viro Group, Inc. 3. ERM South, Inc. Staff has negotiated a scope of work and fees with the consultant. The scope of work consists of review of existing water use and wastewater availability data, review of permitting and regulatory requirements, summary report of findings and requirements, site logistics, review of existing water and wastewater facilities, development of conceptual design alternatives, economic evaluation and final recommendation report depicting feasibility and recommended procedural protocol for a viable ealinity barrier. Total estimated time and material, not to exceed fees to provide these services are $53,920.00. Signed agreements will be forwarded for the Chairman,s signature. County Attorney approval ts currently being obtained. ~ Funds in the amount of $53,920.00 are available in proJect fund 412-273511-70860, Collier County Salt Water Intrusion · Barrier Study. ~RQ~TH MANAaEMENT IMPACT{ This work will ensure water service reliability in the water system. HAR I 1 1997 Zxecutivs Summary Page 2 _]tE__CO~MEND~TIONSI Staff recommends that the Board of County Commissioners, as the Governing Body of Collier County &nd &s Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the final consultant ranking as recoue~ded by the Consultant Selection Committee, approve the Profelsional Ssr.,ices Agreement with Missimer International, Inc. in the amount of $53,920.00 to provide those professional services related to the Collier County Groundwater Salinity Barrier Feasibility Study pursuant to RFP ~96-2600. ~IEWED BYI ~FI~IED BY: P~"~IEWED BY: Peter Schalt, PMP, Project Manager i O~fice of Capital Projects Management Office ~f Capel Projects Management --~teve~C~rneI1, Director Purchasing Department ~7~ DATE: Raymond W. ~tll~r, ~.E., Intert~ rator ~ltc Works Division PS:ps attachment CC: Michael R. Newman, Water Director Karl W. Boyer, P.E., Senior Project Manager FEA$1BILIT~ STUDY The purpose of this study is to evaluate the feasibility of Injecting treated domestic wa·taw·tar into the groundwater system to act as · salinity barrier to reduce or eliminate the potential ior water quality degradation. W~ile a component of the reclaimed water is used tel irrigation, ~ poasib{lity of utilizing portions of the unused reclaimed water as · =alin~y control (hydraulic) barrier to enhance utiPty of the brackish water wellfield is desirable. Such use of the reclaimed water seryes the duad purpose of reducing the potential for water quality deterioration in the aquifer as well as providing llgnJflcant benef~cial u~e of treated wa·tow·tar. The ultimata goal of the project will be !o determine If the subsurface Injection of reclaimed water Is a cost effective ·nd lechnically viable method of wa·taw·tel diagonal that resu~ in measurable beneficial reuse of the rs~oum..e. A. SCOPE OF SERVICES The scope of services for a salini~, barrier study is listed and described b~low. T~k 1 Review/compile existing data available for Collier County including, but not limited to, those contained in study plans commissioned by Collier County Board of County Commissioners. The review and compilation will cover projected water use and waste water availability, reuse potential, aquifer hydraulic characteristics, and water quality. _T~,~k 2 Permi, ing the proposed activities with applicable regulatory agencies will be a critical task that may influence the location and method selected for the salinity barrier system and the zone(s) selected for injection of reclaimed water. Conduct a review of existing regulations that could have a bearing on the implementation of the salinity barrier project. Such regulations would Include, but not be limited to, regulations guiding injection wells, water quality requirements for native and injected waters, wastewaler treatment and reuse, and potential indirect potable reuse of the injected water. T~sk 3 At the end of tasks 1 and 2, produce a report that summarizes the results of the data review and analysis, provides a compilation of pertinent regulations, identifies specific regulatory difficulties, and gives preliminary recommendations on project feasibility. Ta~k 4 The determination of how and where to Implement a salinity barrier project will depend on several factors in addition to the primary goal of minimizing water quality degradation. Site logistics will be an important faclor in evaluating the available options. The location and capacities of existing treatment plants, pump stations, and pipeline infrastructure will have to be considered. This task provides for identification of technical and logistical considerations that would influence the construction and Implementation of the salinity barrier project. FH6-390.3 CCGBB~B-23 T~$k 5 Develop and evaluate vadous conceptual design allemativel with consideration given to the technical, logistical, and ragulalory constraints idenlhSed previously during the investigation. The design aiternatives would consider various project locations, injection zones, well spacings, and well completion techniques. Potential design alternatives may include injection beneath the NCRWTP wellfield to mitigate vertical mtgral~on, inJec'don within the production zone distant from the wellfield to mitigate potential lot iateraJ migration, or to reduce salinity over time. In addrdon to the primary project goal o! proteclJng water quali~ in the Lower Hawlt~om Aquifer, aitematlve opportunities for beneficial use ol reclaimed water may be identified during the investigation. _Task Provide an economic, evaluation of the saltn~y battler project. A cost benefit analysis of the pro~ect will be prepared with respect to both feedwater st~tbillzation au'~, reduction in wasle waler lost to deep well injection, with a comparison to alternative beneficial raule options. I~valop a n'atrtx rating system to provide a ranking for each of the scenarios considered. The various options would be assessed based on technical feasibllh'y, perrnlttsbllity, c..~pP~aJ costs, operational cost, and the degree of benefit that would resuit to the county. ~ask 7 Prepare a report summarizing the methods and procedures used and the Information obtained during the investigation. A preferred conceptual design for the salinity barrier project will be presented that includes potential well Ioc~tions, injection rates, and anticipated Injection well design. Preliminary capital cost estimates for construction of the salinity barrier project Including wells, pumps, and transmission piping will be Included in the report. Recommendations regarding how to proceed with the project will be presented based on the results of the Investigation. If the project does appear to be feasible, it is likely that a recommendation will be made to proceed with a pilot study to gain additional information. FH6-390.3 CC~8BF~-24 SCHEDULE OF FEES Io~ 4- Senior Englr~er 4 $100.00 400.00 Project Er~lneer .3 $ 65.00 Project Hydrologist 16 $ 85.00 1,360.00 Engineer 16 $ 65.00 1,040.00 Hydrogeologlst 16 $ 65.00 1,040.00 C^DD _ $ 40.00 _ Clerical 8 $ 30.00 240.00 TOTAL: $ 5,560.00 Task Personnel Hours Rate/Hour Fee -- Principal Hydrologist 4 $120.00 $ 480.00 Senior Hydrologist 4 $100.00 4(X).00 Senior Engineer 8 $100.00 .. _ 800.00 Project Engineer 16 $ 85.00 1,360.00 Project Hydrologist 12 $ 85.00 1,020.00 Project Chemist 12 $ 85.00 1,020.00 -- Engineer .. $ 65.00 Hydrogeologist _ $ 65.00 _ CADD _ $ 40.00 _ Cledcal 8 $ :30.00 240.00 TOTAL: $ 5,320.00 1~'f~-39,0.3 r4~'~3B BFS- 21l HAR 1 1 1997 Hour~ Rate/Hour 8 $120.00 8 $100.00 8 $100.00 12 $ 85.00 18 $ 85.00 8 $ ~.00 8 $ 85.OO - $ 65.0o 8 $ 40.oo 8 $ 30.OO TOTAL: 320.CX) 240.00 $ 6,700.00 Pemonnel Houra Prtnclpa} Hydrologist _ Senior Hydrologist 8 Senior Engineer 16 Project Engineer 16 Project Hydrologist 12 Engineer 12 Hydrogeologls! 12 CADD Clerical 4 FH6-3~.3 TOTAL: Rate/Hour $120.00 $100.00 $100.00 $ 8,5.OO $ 85.oo $ ~5.00 $ 65.oo S 40.OO $ 30.OO Fei $ 8O0.00 1,600.00 1,3~3.00 1,020.00 780.00 780.00 320,00 120.00 $ 6,780.00 B. SCHEDULE Psri°nnel Houri Rate, our Fee Principal Hydrologist 16 $120.00 $1,920.00 Senior Hydrologist 24 $100.00 2,400.00 Senior Engineer 20 $100.00 2,000.00 Project Engineer 32 $ 85.00 2,720.00 Er'~gineer 32 $ 65.00 2,0~10,00 Hydrogeologist 32 $ 65.00 2,0~.00 CADD 30 $ 40.00 1~'"~3.00 Clerfcal 12 $ 30.00 31SO,00 TOTAL: $17,4~3.~0 Task 6, Personnel Houri Rate/Ho~' Fee Principal Hydrologist 4 $120.00 $ Senior Hydrologist 12 $100.00 1 S~nior Engineer 12 $100.00 Project Engineer 8 $ 85.00 Project Hydrologist 8 $ 65.00 Engineer - $ 65.00 - Hydrogeologist - $ 65.00 - CADD 8 $ 40.00 320.00 Clerical 4 $ 30.00 120.00 TOTAL: $ 4.680.00 F1'~-390.3 Engineer 8~ S ~ TOT~: TOTAL FEE~; ~$3,920.~ / REQUEST FOR PROPOSALS NO. 96-2600 'Collier County Salt Water Intrusion Barrier Feasibility Study' SELECTION COMMITTEE FINAL RANKING STANDINOS NUMBER OF NUMBER OF NUMBER OF SUM OF 1ST PLACE 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 1 point. The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. SELECTION COMMITTEE FIRST SECOND FIRM S~'LECTIONCOMMITTEE CHAIRMAN'S SIGNATURE / MAR I 1 1997 EVALUATION MATRIX RFP 996-2600 'Co11Ler County Salt Water Intrueion Barrier ........................................... (Five (5) Points) staff _(Five (5) Points) Previous Performance Similar Jobs (Four (4) Poising3_____ Office Location and Responsiveness (Five (5)Points) Ability to Complete on on Time (Three (3) Points) Ability to ccmplete within Budget (Three (3) Points) TOTAL Approach . ~~~x' ~f~, .~" ........... ,~ ~' ( I Staff _ (Four. -Iii_. [iQ_int~Lk Office. Lo,:atior: ar' ~'mi i;~-:....,,--~o: - or. Tj me Ability 'c comp J,.' wi~ h~n Budgct (Thren ~2) P~in, ,,' TOTAL 2. 2 ~_ 2_ ,2o /¥ ~-~'- '~' ~ ~" '*T-~ '. * *, (Five (5) PoUnCe) ' . ~.c~.,:~, -" ,, , · ~ :,~'..~ Si~lar ~ob~ .... ~ (4) Points) ' .'- ..*:~, , O~tc~ ~caCion and ~,~:,,~ I ~: ,~ .~,.~ ,._, (~tve (S)~oint~) .... ~'~. **. ~iltcy Co Co~I~Ce (~ee (3) ~oinc~) ...... : :"'' ' :.* "~ '~ilt~y'co Jomplece Z (~ee (3) Points), TOT~ :: ' 1997 EVALUATION MATRIX ~ KFP 996-2600 'Collier County Salt Water Intrusion Barrier Feasibility Study" ................................. ym~. ............... ~=e~ ~.~= ~pproacn Expertise of Designated Staff (Five (5) Points) Previous Perfo~ance on Similar Jobs Office Location and Responsiveness (Five (5)Points) ~ility to Complete on on Time (Three (3) Points) ~ility to complete within Budget (Three (3) Points) TOT~ Selection/Committee M~e~,s Signature MAR I 1 1997 ,~. I~ RFP A.opronch . i Praviaun PerForman..... ~,. Stmilar Office T~cat ion a.~~' (Five A. hiliL¥ to ~Om~l ..... on Time (Three ,~1 P~int~ Ability to com~i~e~ within Budget (Three (3) Pointe TOTAL - ....... (7 reamibility Study, EXECUTIVE SUMMARY REQUEST APPROVAL OF A BUDGET AM.E~~ TO FUND 518, WORKERS' COlvIPENSATION I'NSUR.ANCE OBIECTIVE: To seek approval from file Board of County Commissioners of a budget amendment to fund Workers' compensation insurance claims and settlements for the remainder of fiscal year 1997. CONSIDERATIONS: T~e Board of County Commissioners operates a se. lf-insumt Workers' Compensation program lo fund workera' compensation claims pursuant to Florida Statutes Chapter 440. A budget amendment to Fund $18 is sought to provide sufficient funding for the payment of claims through the remainder of fiscal year 1997. The primary reason for requesting this budget amendment is due to the administrative settlement provi~on allowed by Florida Statute Chapter 440. Effective January 1, 1994, employer~ and carriers are permitted to administratively settle or "wash out" claims in their entirety. This means that employers and carriers may settle all medical and wage-loss benefits which employees are entitled to through a lump sum cash settlement. Since the inception ofthis seltlement provision, staffhas sought to take advantage of this change in the law by continually reviewing all open claims which are eligible for settlement and where opportunities for closure make good financial sense. This is true especially for cases which occurred prior to January I, 1994. Th~se "old law" cases involve much higher benefit provisions than the post Ianuary 1, 1994 law. These claims are typically evaluated by determining the value of expected benefits, reducing these expected benefits to present value and entering into settlements at 40-60% ofthls present value amount. Thus, the liability to the County is greatly reduced when compared to full payment over the life of the claim even when taking into account the holding of reserve money at interest. All of the claims in question have been settled upon the recommendation of the County's adjusting company, FEISCO, and the County's Workers' Compensation defense counsel. Settlement agreements are reached at a mediation conference which is attended by the Risk Management Director. Included in this review process are claims which were filed by Shefiffpirsonnel prior to the Sheriff's departure from the Board's Workers' Compensation program. The ShefiWs Office chose to leave the program in January, 1994, however, the liability for claims incurred during their participation in the Board's program were let to the Board of Commissioners for funding. Of the eleven claims contained vdthin this amendment, nine involve Sheriff's personnel. By bringing closure to these claims the Board is no longer financially liable. The attached budget amendment includes six claims whereby settlements have been reached. These amounts total $1,035,000. There are an additional five cases which are anticipated to settle before the end of the fiscal year. These five cases are expected to settle for approxi,.~matel.y I MAR 1 1 $410,000, Thu~, a budget amendment of $1,445,000 is sought. Of this $1,445,000 figure, $1,131,000 is for clairn~ involving Sheriff's personnel. The source~ of funding for these settlements will come from reserves (:$725,000), additional pren~um revenue~ not budgeted (:$260,000), and from reinsura~nce recoveries (~60,000). GROWTH MANAGEMENT IMPACT: NONE. FISCAL IMPACT: Funds are available from Fund 518 as follows: Object Code Tit!¢ Current Bud.~et lnc/De¢..,Ltnendld Budged 121630-6459~28 WC Claims 1,200,000 1,445,000 2,645,000 121630-498160 WC Billinss i,300,000 260,000 1,560,000 121630-369802 Reimb- Current Year E×p. 0 460,000 460,000 919010-996200 Re.ryes 2,714,200 (725,000) 1,989,200 The Board of County Commissioners appropriates reserves expressly for the purpose of~nding the pa~nnent and settlemem of workers' compensation claims. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the attached budget amendment to Fund 518. PILEPARED BY: J'g~,Talke~ AP~i P,.isk Management Director REVIEWED Leo E. Ochs, Jr.,'Supp~.~ervices Administrator Daze: Date: MAR 11 I l EXECUTIVE SUMMARY REQUEST BOARD TO AUTHORIZE CHAIRMAN TO SIGN STATE OF FLORIDA 76125 MATCHING GRANT APPLICATION ~ Request Board to authorize the chairman to sign two EMS matching grants applications for submittal to the State Office Emergency Medical Services. _CON$1~I~RATION_: The State of Florida established the EMS matching grant program to assist organizations in the improvement and expansion of EMS services. If the grant project is approved, the State Office of Emergency Medical Services will provide seventy - five percent (75%) funding of the total project cost. The grant recipients would provide the remaining twenty - five percent (25%) of the project cost. Submission of a matching grant application in no way obligates the county to budget the twenty - five percent (25%) grant contribution. If the county chooses not to fund the grant, the county's sole obligation would be to return the State monies in addition to any accrued interest. Matching grant applications have been written for: Implementation and purchase of Automatic External Defibrillators (AED's) for a Community AED Program and Mobile Data terminals to be placed on all EMS Departmentparamedic vehicles, FISCAL IMPACT' n~e total ~'~: ~'~-q~8 for r. he ~ ~-'-"am is *277 "'""" ' ' ' tgobZie DaLa Progr~s $310,000 ot which the Co.ney's matching nportion ~)uld be $69,375 for r. be AED Program and $77,500 for the Mobile Data Program. The funding request will be included in the FY98 budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: matching grant applications PREPARED BY: J~g~e~gui~ra, Training Commander Diane ldlag~ Director Emergency Services Department Leo Ochs Jr., Administrator Support Servic,~ REVIEWED BY: REVIEWED BY: That the Board authorize the Chairman to sign the DATE:~ MAR 1! 1997 EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Emergency Medical Services Department Grant Signer Name: Timothy Hancock Title: Chairman Mailing Address: 3301 East T~miami Trail County: Collier City: Naples State: Fk2rid,a Zip: 3411; Telephone: (941) 774-8459 SUNCOM: Contact Person's Name: Jome A,quilera Title: Training Commander Mailing Address: 3301 East Tamiami Trail Buildinq H City: .Naples State: Florida Zip: 34112 3. Legal Status of Agency/Organization ( Check only one response). (1) r-~ Private Not For-profit ( attach copy of IRS's 501 © (3) letter or other legal documentation of this status) (2) [] Private For- profit (3) E~] City/Municipality (3) [~County (5)['--] State First Responder: If you are a first responder organization, you must attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 /01 Ends09 /30 6. Your Federal Tax ID Number (nine Digits): VF596000558 7. Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 8. Research Projects Only: If this is not a research project skip this item and proceed to the next. If this is a research project, attached at ti~e end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms and a bibliography of other relevant studies. I HAR 1 ! 9, Major Work Activities and Time Frames: Number of Months After Ac~ivib/ Grant S~rts 1) To develop specification , 30 days 2) To prepare and bid equipment 60 days 3) To equip and train all identified user 6 months ~p~e: (1) You mu~[ follow your schedule If grant awarded. (2) You must justify In this application your t~me frerne if your I:X,-oject will exceed 12 D~onths. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and I or other major resources. The Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capri Fire Dept. and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidated agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City of Naples and the varied areas of Collier County including Golden Gate, Marco Island, North Naples, East Naples, and Immokalee. The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency services in the entire State of Florida. EMS Department Paramedics responded to almost 25,000 911 medical emergencies in 1996; a twenty-si) percent increase since 1993. There are fourteen EMS Department stations located throughout the 2032 square miles of Collier County with Paramedics achieving a median response time of 4-6 minutes to medical emergencies in the populated areas. Transportation resources include nineteen advanced life sup vehicles and an advanced lif~ support helicopter, and seven ALS first response vehicle staffed and administered by 116 full time employees and twenty five part time employees. The EMS Department provides mutual aid to the surrounding counties of Lee, Hendry, Glades and Monroe. I AR 1 1 1997 You may attach one additional page, If needed, 1o complete this item. 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source (s) from which you obtain your data; and (4) the time frames of your data. Collier Counb/Emergency Medical Services Department run report data shows that since 1993 there over a twenty six ;)ercent (26%) increase in 911 calls for service; serving ·n ·rea 2,032 square miles with · population of approximately 200,000. The population of Collier County Is projected to increase by 32% percent in the next five years. The need for additional Information an data collection Is e'ssential to the provision of a quality and timely Emergency Services System. The addition of Lap Top computers integrated with the 911 communication center CAD System will provide mspondtog Emergency Services Vehicles wffh access to vital information I,e. Call location and access Instructions, scene & patient specific information, continuous Emergency Medical Dispatch (EMD) update and collect reliable and accurate State trauma registry and State minimum data set requlrements as well ·s the ability to access addition databases. Currently this information is available In the CAD system but not accessible to responding vehicles. Lap Top computers integrated with the 911 Center CAD system will have · immediate positive impact, on ct.·'rent as well as future 911 Emergency Services response & mitigation to all types of emerger~ calls for service and data collection. Currently, the only information available to emsrgency services is verbal dispatch of scene address. W~th the implementation of this program the EMS system will achieve relia~e and accurate data collection as well as call Iocatior and acc·s= instructions, scene & patient specific information, continuous EMD update on 100% of the Emergency Services System vehicles,lO0% of the time. You may attach 9ne additional page, if needed, lo complete this item and to tell us in your words what you are going to do, what you need and why. 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. In 1994 the Collier County Emergency Medical Services Department was awarded three (3) grants 1) 12 lead monitor grant 2) Pediatric Car seat 3) Professional Education In 1995 one (1) matching grant was awarded 1) Helicopter Safety grant These grant programs do not address the data collection and effective scene mitigation of 911calls for emergency service. You may attach on.__~e additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. ! J MAR 1 1 1997 14. BudgeL For each type of position include include the pay per hour, number of hour=, and cost of each benefit. For expenses tnclude unit costs (e.g. if rental give the co~t per ~luare foot). For equipment include the cost per item and quantity. !terr~Quant~e~ and Positions/FTEq 30 Mobile Data Terminals * 8,000 30 Hardware ~nstallation Network Installation Cost 240,000 20,000 50,000 Expenditures (Complete this column after award) Grand Total ................................................ $ 75 Percent of Grand Total ( State Paymsnt) ................................ $ 25 Percent of Total ( Your Payment) ................................. $ 77,50q No{e: You may attach additional this Item or to Medical Director's Approvals. These are required for ~ projects which involve professional education, medical equipment, or both. (1) Profes..~ional Educat;ion. All continuing education described in this application will be developed and conducted with my in~pproval. Signatur~ f 'Date Printed Name: pr Rgbert B. Tgl;)er M.p. FACEP Fla. Med. Lic. No.: ME--{)Q,30~91 (2) Medical I~q.uipment. I hereby affirm my authority and responsibiity for the use of all medical equipment in this project. Director: ~,~Z,~-~ ~/~.~ 7 Medical - -- - ~ignatu-re- ~- ;.,~ Date Printed Name: Dr. R0b~rt J~. T0ber M.D. FACEP Fla. Med. Lic. No.:ME-0030~91 " 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant dis~bution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Collier County Board of County Commissioners Name of Agency or Organization :~301 E T~mi~mi Trail Address City State Author[zed Official: Signature Date ~ Ti~thv Hancg~k __ Chaiman. Printed Name T'~le Sign and return this page with your application and copies to: EMS Matching Grants/Office of Emergency Medical Services (HSEM) Department of Health and Rehabilitative Services ~..~, ....... ~..... ..... 2002 Old St. Augustine Road, Bldg. 'D' .~_'~_.~~ .... Tallahassee, Flodda 32301-4881 Below this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $. Grant ID, Code: M Approved BY: Signature & Title of State EMS Grant Officer Data HRS Fiscal Year: FY - 0rqaniz, ation Code E,O, Obje .ct (;;ode 60-20.60-30-1 oo H S 7 Federal Tax ID: VF Grant Begins:~/__/__ Ends:.~/__/__ Month Day Year Month Day Year _ EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Ob'ice): M Organization: Cglli~r County Ememencv Medical Services Department Grant Signer Name: Timothy Hancock Title: (~hi~irman Mailing Address: 3301 East Tamiami Trail County: ~Qllier City: Naple~ State: FI;)dda Zip: 34112 Telephone: (941) 774-845cj SUNCOM: Contact Person's Name: ~Jprge Aguilera Title: Tr;inin¢l Commander Mailing Address: 3301 East Ti~miami Trail I~uildin.q H City: Naples State: Florida Zip: :~,4112 3. Legal Status of Agency/Organization ( Check only one response). (1) ['-I Private Not For-profit ( attach copy of IRS's 501 © (3) letter or other legal documentation of this status) (2) F-'l Private For- profit (3) r-"l city/Municipality (3) x~County (5)[--] State First Responder: If you are a first responder organization, you must attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from the providers in your area. 5. Your Fiscal Year: Begins 10 /01 Ends 09 /30 6. Your Federal Tax ID Number (nine Digits): VF596000558 7. Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 8. Research Projects Only: If this is not a research project skip this item and proceed to the next. If this is a research project, attached at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms and a bibliography of other relevant studies. Major Work Activities and Time Frames: A~ivl~y 1) To develop specification , 2) To prepare and bid equipment 3) To equip and train all identified user Number of Months After 30 days 60 days 6 months lJ~9.tt;. (1) You ~ fo~lowyour achedule our project will exceed 12 month~. If grant a'warded. (2) You ~ Justify In this application your time frame 10. Background: (1) describe your organization, its activities and re~ponsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you flr~t began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Collier County Emergency Services Department is comprised of the Ochopee Fire Dept., Isle of Capri Fire Dept. and the EMS Department. The Collier County Emergency Medical Services (EMS) Department, is a single, fully consolidaled agency that provides Paramedic emergency medical services for approximately 200,000 community members residing in the City of Naples and the varied areas of Collier County including Golden Gate, Marco Island, North Naples, East Naples, and Immokaiee. The EMS Department was established in 1981 by the Board of County Commissioners and was recognized by emergency physicians for achieving the most successful cardiac patient outcomes of any emergency ~ervicea in the entire State of Florida. EMS Department Paramedics responded to almost 25,000 911 medical emergencies in 1996; a twenty-six increase since 1993. There are fourteen EMS Department stations located throughout the 2032 square miles of Collier County with Paramedics achieving a median response time of 4-6 minutes to ' emergencies in the populated areas. Transportation resourc-- ~,,,.,,,,~- -, .......... med~.alJ ..... ,-,~,~ -,~eseen aavancea life supporl1 vehicles and an advanced life support helicopter, and seven ALS first response vehicle staffed and administered by 115 I~ull time employees and twenty five part time employees. The EMS Department provides mutual aid to the surrounding counties of Lee, Hendry, Glades and Monroe. 11. Project Description/Justification: Descdbe and justify your project. Include: (1) the current ~ and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source (s) from which you obtain your data; and (4) the time frames of your data. The Collier County Emergency Medical Services Department Is seeking grant funding for the development of a community wide Automatic External Defibrillator(AED) Program which will serve a population of approximate 200,000 people. This pfc, gram will place AED's In facilities that serve large groups of people Including shopping centers, convention centers, condominiums and p,~rks. Additionally law enforcement agencies both local, city, and state through our community will have AED's placed In their first responder vehicles. In catendar 1996 Collier County Emergency Medical Services Department run reports show that response to 240 cardiac arrests In which the initial cardiac nhythm was ventricular fibrillation. Of the 240 cardiac arrests 62 were at a location which ~ervad a large group of people: thirty seven (37) occurred at a business, thirteen(13) occurred st a leisure facility, eleven (11) on a traffic ~ water way and one (1) on the beach. None (0) of these patients survived this sudden death episode. Law enfoccemen~ was first on the scene at 19% of the 62 deaths and bystanders were on scene 100% of the 62 deaths; Treatment coulc not be started for about 4 minutes, until EMS ardved because there are no AED's (0%) available for use by the initial ardving law enforcement agencies or bystanders at the scene of a sudden death Incident. The funding of this grant will provide sixly five AED's for use by law enforcement & trained first res nders at faciliti from zero(0%) percent to forty (40'/°)percent. This est mate follow~ the $[atistic from the American ~.lr~[~t ,~':~i(~ne that for every minule that goes by without a defibr[Hator the survival rate will decrease ten (10%) percent. You may attach gn~, additional page, If needed, to complete this Item and to tell ua In your words what you are going to do, what you need and why. 12. State Grant History. Briefly describe your current and previous state EMS matching and -- county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. In 1994 the Collier County Emergency Medical Services Department was awarded three (3) grants 1} 12 ~ead monitor grant 2) Pedialric Car seat 3) Professional Education In 1995 one (1) matching grant was awarded 1) Helicopter Safety grant The granl program's listed above did not address Ihe enormous importance of early intervention in the setting of a Dalient suffering from sudden death. You may attach _one additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support, from all other agencies that will be directly involved in this project. 14. Budget. For each t,/pe of position include include the pay per hour, number of hours, and cost of each benefit. For expenses Include unit costs (e.g. if rental give the cost per square foot). For equipment include the cost per item and quantity. l~ems/Quantittes and Positions/FTEs Expenditures (Complete Cost_ _this column ~fter award~ 55 AED * $3,500 ' 227,500 1000 individual AED Training * $50.00/per 50,000 Grand Total ................................................ $ 277.50Q 75 Percent of Grand Total ( State Payment) ................................ $ 208,12.5. 25 Percent of Total (Your Payment) ................................. $ 6.~ $ $ $ Note: You may attach additional pages, if needed, to complete this item or to justify any budget item or Its quantity. Medical Director's Approvals. These are required for al._~l projects which involve professional education, medical equipment, or both. (1) Professional Education_. All continuing education described in this application will be developed and conducted with my inpu.t,.a_qd, approval. ' ' Signature -- Date Pdnted Name: Dr Robed B. Tober M.D. FACEP Fla. Med. Lic. No.: ME~0030891 (2) M~dical Equipment~ I hereby affirm m_,x..i~.,uthority and responsibiity for the use of all medical equipment in this proje.~/,,~ Signature ' Date Printed Name: Dr. Rob.err B. Tober M.D. FACEP Fla. Med. Lic. No.:ME-0030.~91 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida StatUes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. , Payment To: Collier Counb/Board of C, guntv Commi~,sion~r~ - Name Of Agency or Organization 3301 lB Tamiarni Tri~il -- Address N,3pl{~s ~. Fig :~,112 City State Zip Authorized Official: Signature Date C,,haiman Timol[hy Han99ck _ - Printed Name Title Sign and return this page with your application and copies to: EMS Matching Grants/Office of Emergency Medical Services (HSEM) Department of Health and Rehabilitative Services ,, ~., ~r-~ ~ ~ ~..~.~. ,.;,<.-.~ 2002 Old St. Augustine Road, Bldg. 'D" Below this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $. Grant ID, Code: M Approved BY: Signature & Title of State EMS Grant Officer Date HRS Fiscal Year: FY ' Organization Code, E.O.___~ Ob ect Code._ 60-20-60-30-100 HS 7 Federal Tax ID: VF Grant Begins:_ / / Ends:~/__/ . _ Month Day 'Year Month Day Year EXECUTIVE SUMMARY RECOMMENDATION TO TRANSFER FUNDS FROM GENERAL FUND RESERVES TO PAY COSTS OF HIKING A NEW COUNTY ADMINISTRATOR. ~3~1~: To fund co~:~ to fall the position of County Administrator. ~2ONSIDERATI_O.N_~S: The position of County Administrator has been vacant ~ince February 10, 1997. At ti~ d~recfion of the Board of County Commissioners, the Huma.q Resourc, e~ ~e~ ~ a ~a'ch to flu the vacancy. The BCC orgsnized a Citizens Screoxlng Committee to narrow the field of candidates. The BCC, itself, ~ interview H,~ finalists and make the ~election within a few weeks. An estimate ofthe costs to be covered by th~s transfer is as follows: Video Taped Imerv~ews for semi-finalists $ 4,600 Reference Checking for semi-finalists 1,500 Interviews for finalist~ (including reception) 1,000 Travel Expenses of fu~ists 6,000 Miscellaneous (i.e. courier, copy and mailing expenses) 2,400 To date, advertising, mailing and miscellaneous expenses have been paid from the County Manager and Human Resources budgets. FISCAL IMPACt.: The total expected cost to complete this work is $15,500 as detailed above. The funds are available in General Fund Reserves and will be transferred to Human Resources Cost Center 001-121810, project number 00112. G_ROWTH MANA~;EM~ENT IMPA_~_~: None R~COMMEND~TIO~: It is recommended that the Board of Commissioners approve the requisite budget amendment to transfer funds from the General Reserve Fund to the Human ResourceI cos3 center for the hiring ora new County Administrator. PREPARED By. ~,~/,, ~~~ DATE, ~q..~. ~, Seung~r E. Edwar~ l~aman Resource~ire-ctor- ' .... '" "~"?'// Leo.-~hs,~r., Supoo~l/Services Administrator - _ APPROVED BY. ff ! '//~ ' ~ -~r..~-_ BOARD OF COUNTY COMMISSIONERS MI$CELI2~EOUS CORRESPONDENCE March 11, 1997 FOR BOARD ACTION: 1. ~atisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 92-1221-CFA, 96-10350-Ml~A, 9- 6-1094-Ml~A, 96-7677-Ml~A, 96-6969-KMA, 96-1585-MMA, 96-5569-f94A, 96-1772-CFA, 95-8549-MMA, 95-6827-MMA, 96-9§77-MMA, 96-8547-MMA, 96-10357-MMA, 92-818-MI, 91-138-MMA, 88-3760-T~4, 82-731-TMj 90-513-CF, 86-811-CF, and 90-2042-CFA. RECOMMEND APPROVAL. 2. C_a_~cellation of Lien: NEED MOTION authorizing the chairman to si~n Cancellation of Lien for services of the Public Defender for Case No. 96-10222-MMA. RECOMMEND APPROVAL. 3. ~iscellaneous Items t~_F_ile For Record With ~ction A~ ~L~.rected AGENDA ZTF._H HAR 1 ! 1997 EXECUT IT~E SU/~Y RECOMMENDATION TO ISSUE AN ASTROLOGY PERMIT TO ANNA MARIE NICHOLAS OBJeCt: TO issue an astrology permit. CONSIDERATIONS: Mrs. Anna Marie Nicholas auDlied for an ~t~01°ger'~'~ermit on February 28, 1997. According to Ordinance 81-42, the applicant shall have b~en a resident of Florida for at least (6) months; shall have furnished at least five written statements from reputable citizens of the County indicating that the applicant has established Good moral character; that a recent photograph be su/~nitted; and that a background check be done on the applicant. Mrs. Nicholas has provided the necessary information as well as a r~cent photograph and has completed an application for an astrology permit. All paperwork was submitted to the Sheriff's Office for a background check and their records indicate that this applic~lt has had no adult arrest record. Therefore, all pertinent information is in order. FISCAL IMPACT: None. RECOMMENDATION: That Anna Marie Nicholas be issued an astrology permit' whereupon she will obtain an occupational license for same. PREPARED BY: APPROVED BY: rg~o~f' t~°~rc~ Court~ M~ 1 ! ~97 N242-053-76-681-0 lIAR I I t997 pg. ,'?,.,' Collier County Govt. Complex Bldg.. J 3301 Tamiaml Trail, East, Naples, FL 33962 Telephone (AC 941) 774-4434 DA T£t ALSO KNOWN JANUARY 26, 1997 NICNOLA$, ANNA MARIE -21 - 76 Exoept am may be entered below, am o~ thdm date, the Collier County Individual ~or the ~mt ten (10) yemrm. Sealed mhd expun~ ~ordm were not ~emrched. A ~'ecordm che~k by our agency provide~ ~.~ local, Collier County arremt ~nlformation. A~ffidavtt im accurate ~or the date o~ Xnqul~y only. No ot~er re~ementmtton ~ made, Unlearn thim lm mn original document with ga'men letterhead, do not accept. Coptem mre not authorized. DATE ARRESTED_ CHARGES NO ADULT ARREST RECORD. Don ~funter, Collier County Shert~'m O~ice AGENDA ~ MAR II 997 Ft,~ I f I~97 Teresa D. Hollia 3381 6th Avenue, Naples, Florida 34117 December 5, 1996 To Whom It May Concern~ I have known Anna Maria Nicholas for one (1) year. I would highly recommend her for anythtn~ that she would chose to do. She is a very honest individual. She is definitely deservin9 of licensing. Plea~ feel free to contact me. Sincerely, Teresa D. Hollta Mlchael.l. Kehl, President/CEO WORLDWIDE TECHNOLOGY MARKETING, IN~ 801 12th Avenue South Suite ~)0 Office: 941/435-9855 Naples, FL 34102 Fax: 941/435-9858 emaH: tnj k~hl~orldnet, atLnet January7,1997 Please consider this letter of reference for Ms. Anna Nicholas. I have known Anna for n year and one half. She Is of good moral character as well as a very reliable and responsible person. Anna is trus~vorthy and a kind and considerate lady. Regards, President/CEO Panther Security Investigations & Intb ation. Inc December 3, 1996 To Whom It May Concern, I have known Anna Maria Nicholas for over one and one half (1%) years. She is a very honest, forthright and conscientious indlvidual. ! would highly recommend her for anything she would choose to do. She ia definitely sincere in her actions and deserving of licensin~. Anna resides at 1872 South Airpor~ Road, Naplee, Florida. Please feel free to contact recommendation or questions. Paul E, Wilson~ III Director me for any further 2386 Linwood Ave. Naples, Florida 34112 · 941-417-0707 · Fax 941-417-0711 d.h.n.L.E. Wilson Sr, P.L. · FL Lie! ~A9300103 Panlher $~curlty Ser*l¢~ · FL Lie ~ B930014& 24 January 1997 Anna Maria Nicholas TO WHOM IT MAY CONCERN: I have known Anna Maria Nicholas for over one year and can attest to her honesty and integrity. I recommend that her permit be granted and support her application. ! have been a resident of Collier County, Florida, for over ten (10) years. ~'m Head MAR 1 1 L~97 Treadwell, Northern ~ll'~t Builddnl 4001 'lkmLuni Naph~ Florida 34103 Telephone (941) 262-1~02 l=~:~lmik (~11) 262-5219 Stetler, Erickson, Cimino & Attorneys at Law McElrath Thomu L. ~ Rotmid L. S~etlet, P.A. Cl~rles P. Erkklon, P.A. Richard D. Cladn~ P.A.t DaSd McE~th, P.A. 25 February 1997 Collier County Board of Commissioners Attn: Maureen Kenyon 3301 East Tamiami Trail Administration Building "F' Naples, FL 34112 Re; Anna Made Nicholas/Astrolofler'~, permit Dear Ms. Kenyon: Enclosed please find an application for astrologer's permit, proof of residency, background check and five statements of good moral character in the above-referenced matter. I am requesting that you prepare an executive summary recommending the approval and place on the Board's consent agenda as soon as possible. Upon approval, the permit will be submitted to the tax collector along with ad application for the occupational license as required by statute. The foregoing complies with the requirements set forth in the Collier County Code. Should you have any questions please so' advise promptly. Very truly yours/ David McEIrath DLM:Igk Enclosures as stated Permit No. :ATION FOR ASTROLOGER'S PERMIT Last - - - First OTHER NAMES (Maiden) PRESENT ADDRESS /~?~ $. A~?~T ~,~ HOW PREVIOUS ADDRESS PRESENT PLACE O~ EMPLOY~NT /~:zm~ PROPOSED ADDRESS FOR ASTROLOGY BUSINESS /K?2 : AS required by Collier County Ordinance 81-42, please attach proof of residency in the State of Florida for at least six (6) months. Attach written statements or affidavits as to applicant's good moral character from not less than five (5) reputable citizens of Collier County. Applicant's signature APPROVED DENIED by Board of County Commissioners on ATTEST: DWIGHT E. BR(~K, CLERK BOARD OF COUNTY COMMISSIONERS By: CHAIRMAN Deputy Clerk A copy of this Permit must be submitted to the Tax Collector with application for Occupational License. _ MAR 1o STATE OF FLORIDA ) COUNTY OF COLLIER) PERMIT FOR ASTROLOGY PERMIT NO. 97-1 WHEREAS, ANNA MARIE NICHOLAS has made application to the Board of County Commissioners, as requirmd by Ordinance 81-42, for a permit to apply for an occupational license to practice astrology in Collier County, Florida; and WHERF2%S, ANNA MARIE NICHOLAS has complied with all requirements of Ordinance No. 81-42 and the Clerk has made investigation and examination of the application as required; NOW, THEREFORE, this permit to apply is hereby granted to ANNA MARIE NICHOLAS in accordance with Section 28 of Ordinance 81-42. WITNESS my hand as Chairman of the Board of County Commissioners and the Seal of Collier County, attested by the Clerk in and for said County, this day of _, 1997. BOARD OF COUNTY COM/4ISSIONERS COLLIER COUNTY, FLORIDA / ATTEST: DWIGHT E.' BROCK, CLERK TIMOTHY L. HANCOCK, CHAIRMAN By: ' Maureen Kenyon, Deputy Clerk Approved for legal form and sufficien~v. County -~ttorne~ ~ - DATE RECEIVED: ~,.- ,?'F TX~ COUi~T Y "-" .......... ,-~, ; L,:.'..i. ' ,,,.~. ,..o¥. ~, .,~FEB 2'7 P~ '"' 06 FOR LEGAL ~ERVICES (Plasma type or print) Date: February 26. 1997 To: Fro~: Re: Office of the County Attorney, Crystal K. Kinzel (N~) %.,,v . Sheriff, s Off~i__ce (D£vimio~) Attention: Thomas Palmer. Finance Director (Title) Finance Division Emergency Medical Services Grant ADolications (su.~:)ect) - - BACK,HOUND OF REQUEST/PROBLEM, To seek the Board's approval of the applications to the Florida Department of ealth, Bureau of Emergency Medical Services for two EMS 9rants as enclosed. (Are there do~A~entm or other information needed to review this matter? If yam, attach and referemce th.is infor~ationl. THIS ITEM HAS/~ BEEN PREVIOUSLY SUBMITTED. (if prevl~umly s'u,l:x~tted, provide County Attorney's Office fils husker.) ACTION REQUESTED: ('me very s~sclfic, identify exactly what you need in the way of legal msr%,icem.) Legal approval of the applications for the Emergency Medical Services grants. OTHER COMKEFrS: C: Don Hunter. Sherif~ ~ C~4tituti~l Officer.) MAR 11 ~7 ~pdSl \ legslreq%dv% 04 - 93 EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M Organization: Collier County Board of Cocrrnis.sioners Grant Signer Name: Tirr~thv [,. Hancock Title:___Chairman Mailing Address: 3301 Tam, ami Trail F.a~t Rld~_. F COU~: Collier C~: Naples State: Flori~ Zip: ~112 Telephone: (~1) 774-8393 SUNCOM: N/A Contact Person's Name: Christopher Nir'~ Mailing Address: 33Ol Tamiami Trail East B 1 c~j. J Title: co.~m~nications ~er C~/: Nap] es Telephone: (941) 793-9395 State:_~ Zip: SUNCOM: Legal Status of Agency/Organization (Check only one response). (1) [] Pdvate Not For-profit ( attach copy of IRS's 501 (c)(3) letter or other legal documentation of this status) (2) [] Pdvate For-profit (3) [] City/Municipality (4) [] County (5) [] State First Responders: If you are a first responder organization, you must attach a copy of you~ MOU with a licensed provider. If you do not have a MOU, attach documentation that made reasonable efforts to get one, that you operate cooperatively with providers, or that you requested but did not receive a response from providers in your area. Your Fiscal Year:. Begins ].o / Ol Ends .... 9 / 3Q Month Day Month Day Your Federal Tax ID Number (nine digits): VF Identify the one EMS state plan objective this project pdmadly will accomplish in whole or part: N/A 8. Research Projects Only: If this is not a research project skip this item and proceed to the next item. If this is a research project, attach at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of th__.e., s~dy. Also attach research instruments, forms, and a bibliograph~, of other relevant studies. HRS Form 1767, October 96 AGENDA ITEM 9. Major Work Activities and Time Frames: Activin A. Hire/appoint a Quality'Assurance Coordinator. B. Order I~'~ergency Medical Software (Pro-Qa) & Quality Asaurance Software (AQUA) C. Purchase computer equipm~nt. D. Organize peer review ccmmdttee to include me~bers of the public safety co~munity. E. Install software and provide dispatcher training. F. Hold first s~ssion of peer review convaittee. G. Provide Quality Assurance Coordinator train- lng through the National Academy of ~D's annual conference. Number of Months After 5 6 ~ (1) You mual f~ow y~:xJr schedule If grant ts awarded. (2) You EII, IJ.[ Justify In this applicat.bn your time frame i~ .Zoot project wl]l sxceed 12 months. 10. Background: (1) describe your organization, its actJvities and responsibilities, and (2) how it relates to other EMS organizations In your area. AJso provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. Collier County Sheriff's Office (CCSO) has a staff of 876 who serve citizens of Collier County. The Egll system has two primary public safety answering points (PSAPS). All EMS calls are routed to the CCSO for dispatch. The Egll Center is responsible for dispatching all rIMS calls for Collier County as well as dispatching all fire and law enforcement to county residents. Egll dispatchers provide f%~ergency Medical Dispatch/ Pre-arrival instructions to all EMS calls. The CO_SO has been in existence since 1923. Co~zunications was established during the same year. The ~ has been licer~ed to pr(> vide f~D since 1989. The CCSO F/Y 1996/97 annual budget is $50,470,900. The CCSO F/Y 1996/97 Co~mvunications Department budget is $2.3 million. The co~unications staff consists of 44 full-time and 30 part-time employees. 56 dispatchers are currently tr~rfmg h EMD. The CCSO has 531 vehicles including 2 Mobile Breath Testing vehicles, 5 boats, 1 airboat, 1 helicopter, 1 Cessna, 1 Navajo, and major cc~puter and other equi[~nent necessary for law enforcement operations. may attach 9J3.J addi~lona! page, If needed, to complete ~is Rem. IlAR 1 I SS? J '~1. Project Description/Justification: Describe and justify your project. Include: ('1) the current and projected number of persons who will be served directJy by this project, and quantify what source(s) from which you obtained your data; and (4) the time frames of your data· ~ adverse cond~on of theirs the project will Impact upon; (2) the involved geographic area; (3) th PLF. ASE SEE ATTA~ T ~'ou may al~k=h ~,ne addP, Jonal page, If needed, 1o complete this item and to tell us in your own words what you are going to do, what yo~ reed and why. '12. State Grant History. Bdefly descdbe your current and previous state EMS matching county awards for at least the past three years. Explain why this application does not conflict or duplicate them. If you have had no previous grants, state this fact. i. Grant period erring 9/30/96. 2. Grant period ending 9/30/97. Both grants awarded were for cc~a~anications EMD training. ~MD continuing dispatch education, and I~D recertification purposes. This application does not duplicate previous awards or other 1997 Collier Cour~y applications in that it would mot pro- vide funds for initial ~3MD certification, recertification or continuing dispatch education. This application is intended to improve pre-hospital ~MS by upgrading the manual EM]) card system to an automated ~ software system. It also intends to facilitate a full-time Quality Assurance Coordinator to enhance quality improvement management for all EMDs at the Collier County Sheriff's Office· You may attach one ~dlt]onat page, ~f needed, to complele th~ item. _13.r!'~.. --~'rovider Coordination. (1) If your service area has a regional EMS advfso counc~'l ,-. Ifrom that counc~ a letter commentJn~ on this Dro;act ,, ,~----, ...... .ry' . , attach] · - .-. ,- ,--.. ,, ,,~,, ,s no council, e~cn a letter from at Jleast one licensed provider in or ad, ac. ant to '""ur --.".~ · , ,,.' o,;,,,,,..~ -,ua commenan on mia ro'e ldocum, enta~n that you requested the comments · · , ,~ o ,-,,., u, support from all OU'ler [agenc4es that will be directly Involved in this praiect. 14. Budget. F~)r each type of position Include the pay per hour, number of hour~, end cost of each benefit. For expenses Include unit costs (e.g. If rental give the cost per square foot). For equipment include the cost per Item and quantity. i ltems/Quantities and Positions/F-rEs Q~ Salaries & Benefits Software - Pro QA & AQUA (:[nclode,~ (7) cor~oles plua (1) OA static~l, & 5 day consultation by Medical Priority on u~e of software) Expenses - National Academy of ~ Annual Conference Equipment - (1) PC (1) printer Cost $39,100.00 32,450. O0 Expenditures (Complete this column after award) (PLEASE SF2~ ATtArS II & III FOR D~AIL) Grand Total ......................................................... $~00_ $ 75 Percent of Grand Total (State Payment) ........................................ $57,675.00 $, 25 Percent of Total O/our Payment) ......................................... $~ $, Note: Y?j ma~' attach additional pe~, If needed, to complete this Item o~ to ~,~/aw budget Item o~ ~ ~uanUb/,. 15. Medical Director's Approvals. These are required for all projects which Involve professional education, medical equipment, or both. (1) Professional Educatior'h All continuing education described in this application will be developed and conducted with my Input and approval. Medical Directon N/A Signature Date Printed Name: ~/A Fla. Med. Lic. No.: (2) Medical EQuiomertt, I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director. N/A Signature Date Printed Name: Fla. Med. Llc. No.: II P~B~NARRAT~ · %LARIES & BENEFITS/ OUALITY ASSURANCE COORDINATOR The Quality Assurance Coordinator will be responsible for reviewing compliance statistics for 100% of EMS calls. The coordinator will provide feedback to the E~4Ds and facilitate protocol counselling and/or re-training in problem areas. The Coordinator will also ~intain certification records on all coordinate training for new dispatchers and coordinate re-training for existing EHDs. ~I~TRATION/T~V~L EXP~NSES The Quality Assurance Coordinator will attend the National Academy of EMI) "Navigator, annual conference in November, 1997. Costs include a $500 registration fee; hotel acco~nc~ations at $100/night for 5 nights ($500), transportation costs at $735.00, a~nd per diem costs of $23/day for 5 days ($115.00). 9PERATINH CAPITAL OUTLAYt SOFTWARE - "PRO-QA for Windows" (Advanced Medical Priority dispatch system with installation at 7 consoles plus user consultation. "AQUA" Advanced Quality Assurance installation at i station plus user consultation. HARDWARE One station to house "AQUA" software with one PC ($3,000.00) and printer ($500.00). $22,450.00 $10,000.00 $~ $76,900.00 PLEASE SEE NEXT PAGE POR BREAKDOWN OF CASH MA~H SALARIES AND 8£N£FITS R~GUL~R SALARY F/CA Rk'TIRr~£XT e .1757 ~/L TOTAL SALARZ£S & Br-Jl~ZTS CASN ~ATCH 25X 6775. 25. 12"75. 9775. STATE GRANT GRANT FUNDS 2~325. 75. 3~25. 29325. TOTAL £XPEJISES £OUIPBF.~T SO~VTYAR£ - PRO & AOUA INCLUD£S (7) CONSOLES PLUS GA STAT20N t 5 DAY SOFTYAR£ CONSULTAT20N BY BE~ICAL PRZORIT¥ NATZONAL ACAD£KY OF F3'ID ANNUAL CO~F~£NC£ (1) PR/NTER (1) PC TOTAL £OUZPH£NT COSTS 462. 9450. ~ 24337.~ 13~7. 375. 2835~. FINAL,SUmmARy 19225. 3245~,~ 769e~. ~ e AGEI';DAITEM . pg. ~P' ATTACHMENT I 11. 7~ne Collier County Sheriff's Office (CCSO) dispatches all calls for ~4S in Collier County totalling 33,137 in FY 1996. q'ne projected number of dispatch calls for FY 1997 is over 34,000 (5% more than FY 1996). Emergency Medical Dispatch/Pre-arrival instl~ctions are provided on each EMS call. In 1996, .43% of these calls were reviewed by manual tape research for quality assurance. In 1996, protocol errors were found in 16% of calls reviewed for protocol compliance. CCSO needs to review more calls and eliminate the protocol errors. CCSO needs an automated EM/) software system as well as a Quality Assurance (QA) Coordinator in order to better serwe the Collier County residents. From 1992-1996, using a manual EMI) flipcard system; the overall EMI) compliance was 80%. From 1992-1996, all EMI) reports (i.e. individual & group performance records, compliance statistics, certification records; continuing education records) were gathered & recorded manually. With the utilization of an automated EMD software system the compliance should improve and increase to nearly 100% and protocol errors reduced to near 0%. Tl~e QA Coordinator would be responsible for reviewing compliance statistics for 100% of EMS calls. The QA coordinator would then provide feedback to the EMI) and facilitate protocol counselling and/or re-training in problem areas. The QA coordinator will also maintain certification records on all EMDS, coordinate training for new dispatchers and coordinate re-training for existing EMDs. Together, the software and QA Coordination will enhance and improve the tools and resources necessary to more efficiently and expediently manage the 56 EMDS currently staffed. Forecasts indicate expansion to 74 EMDs in the near future. The software and quality assurance coordinator will support the needs of expansion of the CCSO EMI) program. A peer review con~nittee, to include members of the public safety co~unity, will meet monthly to review compliance statistics and provide guidance towards necessary improvement measures. Through this implementation, CCSO will better ser~e Collier County's population of 186,504 over its 2,032 square m/les. It is estimated that at least two more lives will be saved in one year as a result of education and quality assurance. (Information sources include FY 1996 EMS run reports, 1992-1996 CCSO office EMD performance & compliance records, Collier County Chamber of Commerce, Collier County Platting Department, 1996 Medical Priority "solutions guide- for public safety communications centers). AGENDAIT~M_ ATTACHN£NT Z]! EMS HATCHING GRANT APPLICATION CASH MATCH STAT£ GRANT GRAIT FUNDS SALARXF.~ AND B£HErZTS REGULAR ~ALARY FICA e .17&5 R~ZRR~I~T ~ .1757 VIC e .003! N/L TOTAL SALARIES 6775. 12e4. 25. 1275. ~ 9775.~ 2e325.00 75~# 27100.00 2000. O0 480~. 00 100.08 TOTAL £XP£NSI:'S .N KOUIPME~IT Si~,~TWAR£ - PRO & Ai~UA IWCLUDRS (7) CONE~3LE. S PLUS ~A STATIOX & 5 DAY SOFTYARE ¢ONSULTATIG~ ~Y MEDICAL PRiORiTY NATIONAL ACADEMY OF F.,MD ANNUAL COHF[RENC£ (l) (~) ~ TOTAL ~UIPMENT COSTS 8112,5~ 462. ,1.25. ~ 75~. ~0 945e. 24337.5~ 1387. ~ 375. ~.~ 225~. et 3245~, 00 378~. 00 FINAL SUMMARY 19225.~ 57675.~ ~GENDAITEM _ " '" COLLIER COUNTY GOVERNMENT EMERGENCY MEDICAL SEP~VICES (EMS) DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8459 FAX (941) 775-4454 A C£KTIiq£D ]~LUE CHIP COI4J~I.~FI%' February 26, 1997 Chris Nind - Communications Director Dear Chris, Please let this letter serve as fully supporting your efforts towards the EMD recertification training program grant and the quality assurance program for EMD. Both programs are a fundamental part of our emergency medical system and are critical to implementation of a continuous improvement in medical care through out our county. Your grant applications for both of these programs have my complete endorsement. If I can be of further assistance to you, please let me know. Sincerely, Robert Boyd Tober, M. D, FACEP Medical Director Collier County EMS "',._/4, Pg. ,,.,q ATTA(IB~ENT I 11. The Collier County Sheriff's Office (CCSO) dispatches all calls for ~%S in Collier County totalling 33,137 in FY 1996. The projected number of dispatch calls for FY 1997 is over 34,000 (5% more than FY 1996). Emergency Medical Dispatch/Pre-arrival instructions are provided on each EMS call. In 1996, .43% of these calls were reviewed by manual tape research for quality assurance. In 1996, protocol errors were found in 16% of calls reviewed for protocol compliance. CCSO needs to review more calls and eliminate the protocol errors. CCSO needs an automated EMD software system as well as a Quality Assurance (QA) Coordinator in order to better serve the Collier County residents. Fro~ 1992-1996, using a manual EMD flipcard system; the overall EMI) compliance was 80%. From 1992-1996, all EMI) reports (i.e. individual & group performance records, compliance statistics, certification records; continuing education records) were gathered & recorded manually. With the utilization of an automated EMD software system the compliance should improve and increase to nearly 100% and protocol errors reduced to near 0%. ~q~e QA Coordinator would be responsible for reviewing compliance statistics for 100% of EMS calls. The QA coordinator would then provide feedback to the EMI) and facilitate protocol counselling and/or re-training in problem areas. The QA coordinator will also maintain certification records on all EMDS, coordinate training for new dispatchers and coordinate re-training for existing EMI)s. Together, the software and QA Coordination will enhance and improve the tools and resources necessary to more efficiently and ex/pediently manage the 56 EMDS currently staffed. Forecasts indicate expansion to 74 FJ~Ds in the near future. The software and quality assurance coordinator will support the needs of expansion of the CCSO EMI) program. A peer review committee, to include members of the public safety co~,~unity, will meet monthly to review compliance statistics and provide guidance towards necessary improvement measures. Through this implementation, CCSO will better serve Collier County's population of 186,504 over its 2,032 square miles. It is estimated that at least two more lives will be saved in one year as a result of education and quality assurance. (Information sources include FY 1996 EMS run reports, 1992-1996 CCSO office EMI) performance & compliance records, Collier County Chamber of Commerce, Collier County Planning Department, 1996 Medical Priority "solutions guide" for public safety communications centers). AGEND~ITFM_ 16. Governmental Agency and Non-profit Entity Only | Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersign hereby requests an EMS matching grant distribution (advance payment) for the Improvement and expansion of prehospital EMS. Payment To: Collier County Sheriff's Office Name of Agency or Organ{zation 3301 Tamiami Trail Fast Address Naples Florida 34113 City State Zip Authorized Official: Signature Date Timothy L. Hancock Printed Name Chairman, County T~rue Sign and tatum this page with your application and copies to: EMS Matching Grants/Office of Emergency Medical Servicez (HSEM) Department of Health and Rehabilitative Services 2002 Old St. Augustine Road, Bldg. 'D' Tallahassee, Flodda 32301-488f Below this line is for use only by the Department of Health and Rehabilitative Se~. ices, Office of Emergency Medical Services Matching Grant Amount For State To Pay: Approved BY: Grant ID. Code: M Signature & TrUe of State EMS Grant Officer HRS Fiscal Year. FY . Date 60-20-60-30-100 HS 7, Federal Tax ID: VF ..... Grant Begins: __1__/ Ends: ~DA ITEM - Month Day Year MAR 1 ! ;997 Month Day Year i Pa. //I' P m~ to form 17. ASSURANCES AND APPLICATION SIGNATURE I, the undersigned, understand and accept that due to state .ash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. _Statement of Ca~,h Commitment: I, the undersigned, certify that my cash match will be expended between the beginning and ending dates of the grant and will be used in stdct accordance with the content of the application and approved budget for this project, as the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fdnge benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant pedod. Acceptance of Terms and Conditions: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, 'Flodda EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this iect. I, the undersigned, hereby certify that the facts and information contained in this 4ication and any attached and supplemental documents are true and corre~ to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II, F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, wiil be refunded to the department with any penalties which may be imposed by law or applica~)le regulations. J~L~l~t_ipn of Award~: I, the undersignod, understand and accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. ~alntenance of Improvement and Exoanslon: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change wfthin the five years will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. 3/11/97 Signature of Authorized Grant Signer Date (Individual Identified in Item 1) Timothy L. Hancock, Chairman,Bd.of Cc~missioners ~ECO~MENDATION TO APPROVE A GRANT APPLICATION TO THE FLORIDA DI~ARTMENT OF KEALTH, BIIREAU OF Ei~ERGENCY HEDICAL SERVICES FOR Ei~ERGENCY MEDICAL DISPATCH TRAINING. ~ To seek the Board's support of the Grant application for ~ergency Medical Dispatch Training. ~ The Florida Department of Health, Bureau of Emergency Medical Services (EMS) has grant money available for cc~];m:nications project areas. Funds are requested for training and materials for the certification and continuing education of existing Emergency Medical Dispatchers. The Grant would' be in the amount of $20,572.50 with the applicant match portion, being $6,857.50. ZISCAL I~PACT~. $20,572.50 from Grant Funds. The training Cash Match of $6,857.50 will be funded from Operating Fund 521 (521-654360). GROWTH IM~ACTi Funding is only for the period of one year from time of award. R~CO%flfl~DATIONz That the Board of County Commissioners approve the application for the Emergency Medical Services Grant. Do~r, l Sheriff February 26. 1997 xs. tr56 MAR $ ! ~97 FILE NO.: ROUTED TO: Date: February_ 26, 1997 DATE RECEIVED: R~QUEST FOR LEGAL SERVICES (Pleaae type or prin%) To: Office of the County Attorney, Attention: Thomas Palmer. Esq. , Finance Director (Title) ~Finance Division Grant AnDlicat ions From: ~rystal K. Kinzel~~ Sheriff's Office (Division) Re: BACKGROUND OF REQUEST/PROBLEM, (Deacrib, o ~roble~ and live background infor'w~.~ion . b* lRscifiq, concil~, &nd Ao...~L~d~t). To seek the Board's approval of the applications to the Florida Department of Health, Bureau of Emergency Medical Services for two EMS grants as enclosed. information). THIS XTEM HAS/~A~!_~ BEEN PREVIOUSLY SUBMITTED. (If previously eu~/~ed, provide County l~torney'e Office file number.) ACTION P~E~UESTED, (Be v~r-f epe¢ifi,:. Identify exactly what you nee4 in the way of legal eervice~.) Legal approval of the applications for the Emergency Medical Services grants. OTHER COMMENTS: C: Don Hunter, Sherif~ All re~ueete I,Ui,' be copied to Four appropriate Division Head o~r Conetitutional Officer.) ~ A~NDA FF~M ' I "~'-J~ I EMS Matchlng Orant Appll¢~Uon 75/25 Percent , ' Office of Emergency Medical Florida Deparf.,*nent of Health and Reheblltf, attve $ervlce~ ID. Code (A~elgned by the State EMS Office): M Contact Person'l Name: chriatot:~'~r Nird Marling Address: 3301 ~-a~laa~t ~ail ~t TJlJe:_ o:zmt~icaticea Manager Te!ephone: (~1) '793.-°/395 State:~ Zip: 34~ ~2 SUNCOM: Legal Status of Agency/Organtzat',on (Check o,'W one response). (1) 1'-1 Prfvate Not Fcx'..proflt ( attach copy of IRS's 501(cX3)letter or other legal docurnentatk>n of this status) (2) [] Prt~ate Fo~-proflt (3) [] Clty/Munldpa~ty (4) [] Coun~ (5) [] slate First Responders: If you are a flint respond~ o~anEat~>n, you must attach a copy of your~ MOU with a licens~ prov~er, If yvU do ~ hav~ a MOU, atta~ docurnentaf, k~ fi'mt you made reasonable efforts to get one, that you operale cooperath'eh/with provider'e, (x that you requested but did no[ recah, e a response from provide43 in your area. Your Fiscal Year, Begins _.L~I_o]. ._ Ends ._.~. 3o Month Day Month Dsy 6. Your Federal Tax ID Number (nine dlg~): VI= .5..9_ ~.a.a.. J3...5. ~ .1_ 8. Research Projects If this Is not a research project skip thi~ lam and proceed to the next Eem. If this is a research project, attach at [he end of the appScaGon ~ l'tatement~ of the hypothesis, design, method, ir~3'umenl~, methods to ~ human subject, and the study. Also attach research instruments, forms, and a ~raph¥ of other rerevant HRS Fcx-m 17G7, October 96 AGENDA IT. EM · I~'~'. - MAR 1 I 1997 Ma~ Wo~ ActMt~ and Time Frunee: Wavier tr&inin{ iii. o! currently certified ~r~t~ ~ ~ that r~c~r~ltic~ticn ¢. Provide ~ ~rainir~ to &ll candi~te~. l). Train and certity z~inir~ {~-ovl~e cc~tinuin~ dispatch educati~ to 111 certilied 3 4 6 · (1) y~ iZN~ ~ your ~he~le I' gra~ Is awarded. (2) Yo~ lI:Nlll .k~l~ In I'~ ai~lcall~ l~x Ime Irame I :mlate~ to other EMS o~ganlzatto~ In your area. (4) ~r annual ~ (5) ~ ~m~r of ~r ~ ~ ~llier ~ty ~rifg'a ~fi~ (~) ~ COI.LI R COUNTY GOVERNMENT EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT 3301 E, TAMIAMI TRAIL NAPLES, Fl. 34112 (941) 774-845~ FAX (~41) 775-4454 February 26, 1997 Chris Nind - Communications Director Dear Chris, Please let this letter serve as fully supporting your efforts towards the EMD recertification training program grant and the quality assurance program f~ EMD. Both programs are a fundamental part of our emergency medical system and are critical to implementation of a continuou~ improvement in medical cam through out our county. Your grant applications fo~ both of these programs have my complete endorsement. If I can be of further assistance to you, please let me know. Sincerely, Robert Boyd Tober, M, D, FACEP Medical Director Collier County EMS '~. Project (~scrlptlon/Justifical~m: Des~be and justify' your project. Include: (1) ~he c~rre~ and projected number of persons who will be ~e~ed direly by this project, and qu&ntify wha! ~dverse condition of their~ the project will Impact upon; (2) the Involved geographic ~rea; (3) the source(s) from which you obtained your data; and (4) the time frames of your data. PLF.2%SE S~ ATTAC]TiflqT 1 You may attach ~ ~<:ldttionsl page, If needed, Io completa Ibis item end to tell us In your own words what you ~ going to do, what you need and why. 12. State Grant History. Briefly descdbe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. l. Grant period e~ing 9/30/96. 2. G~ant period e~ding 9/30/97. Both grants were for conzunications EMD training, ~ continuing dispatch education, and ZMI) recertification purposes. This application does not conflict with p~evious grant awards or other grants being applied for in Collier County. This application is submitted because: a. ne~ me~dDers of the ¢OTmunicaticwm staff need initial ~ train- lng, b. current f]gDs and newly trained EMDs will need 12 hours of ~ cc~tinuing dis- patch education w~t~inone year of their recertification or initial certification date (and each year thereafter), and c. each [~ID must be recertified every two years. Thus, this is a continual training and recertification program that will imp~oYe and enhance ~ by maintaining .maximal certification for current and projected staffing of Cxzxm~ni- cations members. may alt~:~ ~.El.additional pa~e, I~ ne~lKled, 1~ comptetl lhi~ Item. dr~~~O~U Provider Coordination. (1) If your service area has a regional EMS advisory counc~, a~ch1 that council a letter commenting on this project. If there is no council, attach a letter from at~ st one licensed provider In or adjacent to your service area commenting on this project, orJ mentatlon that you requested the comments. (2) Include a letter of support from all otherl nc, les that will be directly InvoNed In this pmiect. I ~ ~J'~I;)A .rTE. J~ J~.~ MAR I I 'B97 pg. ~ ATTAC]~)[ENT I 11. The Collier County Sheriff's Office (CCSO) Communication Center dispatches all calls for Collier County EMS. The CCSO Communications staff provides emergency medical instructions for each EMS call. Currently 100% of our full-time co~nunications staff of 44 is EMIl trained, and only 40% of our part-time staff of 30 is EMD trained. The percent of trained staff needs to be increased. This project will provide initial EMD training to 18 co~m~unications staff, continued education training to 74 Communications staff, and recertification for 44 Con~nunications staff. Within six months after grant award, 100% of all Communications staff will be EMI) trained and certified. This will provide standardized caller interrogation and immediate pre-arrival (post dispatch) life saving instructions via telephone to all EMS system users 100% of the time. The CCSO services a population of 186,504, and a geo<3raphical area of 2,032 square miles. 100% EMI) certification of Co~unications staff will enhance and improve the level of service to the population and will reduce mortality. 33,137 EMS calls were made in F/Y 1996. From 1992-1996 14 lives have been saved as a result of the EMIl program. We expect that at least two more lives will be saved next year as a result of 100% EMI) certification. The life saving impact of EMD has been documented from EMD quality assurance records, training records, and EMS reports. The Collier County Chan%ber of Commerce provided population statistics and the Collier County Planning Department provided the nun%bet of square miles in Collier County. AGEt.;DAITEM,.., t,;.,.__//,, /..t '5 14. Budget. For each type of position Include the pay per hour, number of hour~, and cost of each benefit For expenses include unit costs (e.g. If rental give the cost per ~quare foot). F~ equipment include the cost per Item and quantity. ltemslQuanttt~es and Positions/F'rEs Expenditures (complete this column -,tier award) ~ Initial Trainin~ Payroll for initial training Cc~tinuing Education Cc~tinuing F~fucation Equiyxnent (audio visual aupplies,textbooks) ~ Recertification Fee $4,050.00 6,800.00 14,000.00 600.00 (PLEASE SF~ ATTAC{-IMt~ II [~ DETAIL) Grand Total ......................................................... $, 2, 7t ~3~.OQ $. 75 Percent of Grand Total (State Payment) ........................................ $ 20, .572.50 $. 25 Percent of Total (Your Payment) ......................................... $ 6,857.50 Note: Yo~J ma)/e,ach additk)nal pa~les, If needed, lo complete th~ item or to ~u~tl~ an~ b~__,~.t item or 15. Medical Director's Approvals. These are required for all projects which involve professional education, medical equipment, or bom. (1) Professional Education_. All continuing education described in this application will be developed and conducted with my input and approval. Medical Director:. N/A Signature Date Printed Name: N/A Fla. Med. Lic. No.: (2) Medical EauiDment I hereby affirm my authority and respons~i]i~, for the use of all medical equipment in this project. Medical Director. H/A Printed Name:. Signature N/h Date Fla. Med. Ltc. No.: III ~c,~hu,,m r, rl~M I~,,.~ i'4AR I I 1997 ATTACHMENT ZZ PROJECT BUDGET NARRATIV~ Initial EMD Training: 18 employees X $225.00/each course 18 employees X 24 hour course X $15.75. Continuing EMD Educatio~l 74 EMDs X 12 hours/yr. X $15.75' $ 4,050.00 6,800.00** 14,000.00'* Continuing Education Equ_ iDment: (1) EMD Flip card set · $468.00 (6) EMD audio cassettes O $11.00 (1) Audio cassette player ~ $66.00 ~MD RecertificationL 44 EMDs X $45/recertification fee 468.00 66.00 66.00 $27,430.00 average hourly rate rounded to nearest 100 AO, ENOAIT'IEM_ HAI 11 16. Oovemrnental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Semdcea (EMS) In accordence with the provisions of paragraph 401.113(2)(b), Florida Statutes, t~e undersigned .hereby request~ an EMS matching grant distribution (advance payment) for the improvement and expansion of prehoepttal EMS. Payment To: Collier County Sherif['a Office Name of Agency or Organization 3301 Ta~immi Trail ~ast Address Naples Florida 34113 Clty State 23p Authorized Official: Signature Date Timoth~ L. liancock Printed Name County Sign end return this page ~ your application and copies EMS Matching Grants/Office of Emergency Medical Services (HSEM) Department of Health end Rehabilitative Services 2002 Old St. Augustine Road, Bldg. ~' Tallahassee, Florida 32301-4881 Below this line is for use only by the Department of Health end Rehabilitative Se .~ces, Office of Emergency Medical Services Matching Grant Amount For State To Pay:. $ Grant ID. Code: M Approved BY: Signature & Title of State EMS Grant Officer Date HRS Fiscal Year, FY _Omanization Code ~ 60-20.-60-30-I O0 HS Federal Tax ID: VF Grant Begins: __/ Month Ends: Day Year Month Day Year Ap~.~ved ,tn to f~ ,, I (',:. AGEI';DA ITEM liAR i 1 1997 &~brtaz~t Cotmt2 Attcr"-ey 17. ASSURANCES AND APPLICATION SIGNATURE _P~,?nsnt for Grant Prelect: i, the undersigned, understand and ~ ~'~ due lo sta~I cash fiow and project priorities, I may not receive payment from the atate kx ~i~ project unal several months after announcement of awards. The work activ~ time frames wi be acrju~d based on the date I receive payment, except the ending date of the grant w~ remain as specified in the Notice Of Grant Award letter. Statement of Cash Commitment: I, the undersigned, certify that my cash match w~l be expended between the be~innlng and ending dates of the grant and w~! be used in strict accordance with the content of the application and approved tx,,dget fo~ this project, as the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are al~ used to satisfy a matching requirement of another state ~ federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the depar[ment's final approved project during the grant period. AcceDtancs of Terms and Condltlona: l, the undersigned, understand and accept the grant terms and condi'dons in Chapters 1, 2 and 4 of, 'Florida EMS Grants Program Handbook 'October, 1996', by the Department of Health and Rehabilitative Services, and acknowledge this when funds are draw~ or otherwise obtained from the grant payment sYStem for this project. Disclaimer:. I, the un'derslgned, hereby certify that the facts and information contained in this application and any attached and supplemental documents are true and correct to the best of my knov,,dedge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II, F.S. and Chaplet 10D-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised In the FAW, and that 21 days after this advertisement i. waive any right to challenge or protest pursuant t~ Chapter 120, F.S. Maintenance of Improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement. expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow al change. Any unauthorized change within the five years will necess~te the return of grantI funds, plus interest ff any, to the department as determined by the department. J I 31] ~ '~ - AGEND~ Signature of Authorized Grant Signer [ ate ~;~. (Individual Identified in Item 1) _ Timothy L. Hancock, Chairman,Bd.of Coc~issioners HAR 1 I ~97 tO ' ' '?-.:'; Y