Agenda 03/25/1997 R COLLZER
9tO0 a.m.
~TZCE~ ~ YERSONI ~IK~ TO IP~ ON
~L ~ZJ~ P~LIC fP~ ~LL BE L~ TO
(5) MI~ES ~E~ PE~Z~ZO~ FOR ~DZTZ0~ TZ~
ASSIS~ LIST~INO D~ICEB POR ~ ~INO ~AIR~
AVAI~LE IN ~ CO~ C~Z~SZO~RS, 0~FZCE
L~ ~CESS A~~ FOR 12~00 NOON TO 1~00 P.M.
2, PLEDGE OF ALLEGIANCF
3. A~PROVAL OP AGENDA AND CONSENT AGEND~
4. A~PROVAL OF MIN~TE~
March 4, 1997 - Regular mee=lng.
$. ~ROCL~.KATION~ AND SE~VICZ AWAAD~
A. ~
B. Bervice Awards
Judith Brayer - Social Services-Services for Seniors
years
Mary Eavener - Public Works-Wa~er Dep~ - 10 years
John Poczynoki - EMS - 10 years
C.
APPROVAL OF CLE~X'B REPORT
A. ANALYSIS OF CHANOES TO RESERVES FOR CONTINGENCIES
1. General Fund, (001) for FY 96/97
2. Commun!=y Developmen= Fund, (113} for FY 96/97
3. Facili=iea Cons=ruc=ion Fund (301) for FY 96/97
1
March 25, 1997
4. Present to the Board the 0overnment Finance
A~sociation Certific&te o£ Achievement for
excellence in Financial Reporting.
S. Preeemt to the Board the Comprehensive Annual
Financial Report for FY
7. IKY~L~C
A. _Xathl~en ¢. Pa4sidomo, Secretary . Collier County ~unior
~epu~lee L4ague, Znc. regarding a vaiver of .Rerfoz~aance
bond requirement.
(1) Report to the So, rd of County Commiseloners on Solid
Wamte Collection Service Surveys and requemt for
direction regarding the #ta~us of Franchiee
Agreements.
c. ~
¢1) Dlscuselon regarding the University of Florida
Ex~en~ion pro, rams.
(1) Discussion o~ Jail capaci~M analysis.
A. Presentation (1S minuCes~ of Collier County ~rl~l~ural
S~udM by ~ai~ ~ana. (Co~ssioner Ber~)
B. Discussion re~ardin9 scheduling a ~roup in~e~iew ~or
Coun~M Manager candida~es. (C~iasioner H~cock)
C. Discussion re~ardin~ ~aples Al~r~ Au~horl~M ~oise
Compatibility Committee. ~Co~issioner Hancock)
12. AVVZx?~sZn ~'~.zc w~rHo8 . Bq~-
B. ZO~'~No t~,r~T~
C.
Petition AV 96-036 for the vacation of a seven &nd
one half foot utility easemenc on Lot $0, Block
Naples Park Unit No. S, ae recorded in Plat Book 3,
Page 14 o~ the public records of Collier County,
Florida.
Harch 25, 1997
(2) Reco~v~enda~ion ~ha~ ~he ~oard of County Co~iseioners
epprove an Ordinance au~horizing exemp~ion of local
tax on electricity (even though current tax does not
exist) used in the Immokalee Enterprise Zone.
(3) Petition AV 96-024, McAnly Engineering and Design,
Inc. as agent for owner, Eastridge Par=nets, LTD,
requesting vacation of a portion of Tara Court and
on the Plat of Plantation° as recorded in Plat Book
1S, Pages 80-82, and a portion of Tara Court as eho~n
on the Plat of Plantation Unit Two, as recorded in
· Plat Book 17, Pages 9S-97, all of the public records
of Collier County, Florida.
(4) Recommendation to adopt an ordinance to repeal and
supersede Collier County Ordinance No. 88-90, aa
amended, and hereby establish the County's new polic~
concerning teleco~munication providers and lex'vices;
also to provide for the re~ulation of
telecommunication companies use of the public
rights-of-ways within the unincorporated areas of
Collier County~ also providing general provisiona~
registration of telecommunications carriers and
providers; telecommunication licenee~
telecommunication franchise (reserved); cable
franchise; fees compensation~ conditions of
construction standards~ periodic evaluation, review
and modification; repeal of Ordinance No. 88-90, as
amended; conflict and severability; inclusion into
the code of laws and ordinances; providing an
effective date. (Continued from 3/11/97)
13. BOARD Or ZONIN~
A. ADVERTISED PUBLIC
(1) ~e=ition CU-97-1, Arthur C. Ouinnell representing
Peter M. Andersen, requesting Conditional Use '4' of
=he C-4 Zoning District for new and used boat and
auto sal~s for property located at 1995 Tamiami Trail
East, further described ae Lot 40 Triangle
Subdivision and the northwesterly 98.28 feet of
parcel A in Sec. 11, T505, R2$E, consisting of 0.97
acres.
(2) Petition CU-96-26, Roger Dale representing Our Savior
Lutheran Church, requesting Conditional Uses '3' and
'4" of =he RSF-2 Zoning District for day care centers
and schools for property located at 10000 Airport
Road North in Sec. 25, T48S, R25E, consisting of 4.59
acres, more or less.
{3) Petition A-97-1, James H. Sieeky representing Falling
Waters Development Corporation requesting an appeal
of a Collier County Planning Commission,s denial of a
temporary use extension for a Model Sales Center
denied on January 16, 1997, for property located
6562 Trail Boulevard.
(4) A Resolution amending Resolution 96-305 to correct a
scrivener°s error in the legal description =o land
areas requiring an 8.95 foot variance from the
required front se=back in the MH Zoning district for
Maria Silva'a property located on the north side of
Kathy Lane in Sec. 12, T51S, R26E.
~. OT~ER
3
March 25, 1997
{1) Petition CU-95-1 for & firlt extension of ·
Conditional Usa for a church in the RSF-3 2oning
District for property delcribmd in Relolution 96-192
adopted on April 9, 1996 pursuant =o Section 2.7.4
(Conditional Use Procedures) of the LDC.
1%. BOARD OF COUNTY CO)O(ISSION~RS, COMM~I~ICATION~
15. ITA~F'I COMM1T~ICATION~
~o Board, ~at i~(m) will be r~od fr~ ~o Conmen~ ~
~d cono~dorod soptrato17.
A. COM)~]NITYDrVELOpMXNT & E~'IRONM~AL I~RVIC~-
ro*dwa7, drainagl, wider and lewer tmproveman=l for
=ha finil pla= of "She~o~ Plrk".
(2) Reco~anda~lon =o approve for recording ~he final
plat of "Naples Heritage ~lf & Count~ Cl~ Phase
(3) Water and sewer facilities acceptance for Pelican
Marsh, Unit Eleven, Phase 2.
(4) Water facilities acceptance for Willow Bend at
S~onebridge, Tract A.
(5) Acceptance of u~ility easement for existing u=ilities
for Villas of Capri.
(6) Recommendation that the Board of County Co~issionero
waive the focal bid process and approve the Economic
Development Council's ~rke=ing materials printing
price ~o=eo on various printed materials.
(7) Recommenda~ion to approve for recording =he final
pla= of Heritage Greens f/k/a ~ve Pointe.
(Continued from the meeting of 3/11/97)
(8) Wa=er facilities acceptance for ~i~te~erg Sales
Trailer.
(9) Water and sewer facilities acceptance for Northshore
Lake Villas.
B. ~
(1) Recommendation to approve a Road Impact Fee
Contribution Agreement for S.R. 9~1 Four-lanin~ with
951 Land Holdings Joint Venture.'
(2) Adopt a Resolution to authorize a loan from Fund
(341) as the funding source for the Radio Road
Beautification Municipal Semite Taxing Unit Fact
SheeC and related expenditures in order to mu~ey
propercy owners within Che Radio Road Beautification
area.
4
March 25, 1977
(3} Award · contract for Bid No. 97-2526, ~Arco Island
T-~roin C~nstruction to Douglas N. Hlggins, Inc. in
the ·mount Of $313,100.00.
This item has been deleted.
Approve Amendment No. Four to Professional Services
Agreement with M~tcalf & ~dd¥ for the NCRWTP S-~D
~-pansion Project.
Recommendation thac the ~oard of County Ck)mmllliOaere
approve an annual renewal of the ~aintenance and
Arterial Roadway Medians and Adjacent Right-or-#ay
Professional Services A~reement.
D. IUPPORT lilY, eli
Recommendation to ·ward Bid 197-2637 for contract
painting.
(2)
Request the Board of County Commissioners approval
for donation of surplus radio equipment Co K-9 search
and rescue of South Florida.
(3) Recommendation to approve the acquisition of five (S)
medium duty advanced life support ambulances through
a cooperative purchase.
Recommendation to make sole source purchases in
excess of $15,000 from Kelly Tractor, Incorporated,
Ft. ~yers, Florid·.
(1) Budget Amendmen~ Report.
F. ~9~ OF CO'[T~,'TY COMMISJIONZRS
MISCELLANEOUS COIqR~SPONDENCE
Miscellaneous Items to Fils for Record with Action as
Directed.
H. OTR~R CONSTITUTIONAL OFFICERS
(1)
(2)
(3)
Ze
Recommendation that the Board approve Budget
Amendments to finalize FY 96 Debt Service
Appropriations.
Recommendation to issue a Clairvoyant Permit to Anna
Marie Nicholas.
Ratify the Sheriff's Office's award of RFP No.
CCS09?-001 to RCC Consultants, Xnc. for
co,v,unicatione consulting lervicel related to the
Sheriff's Office's acquisition of · Computer Aided
Dispatch (CAD) System.
~0UNTYATTORNEY
(1) Recommendation to approve an agreement between
Collier County and the Naples Area Accommodations
Alsociation0 Inc., for the award of tourilt
development tax funds in the amount of $489,058.00
for advertising and promotion (Category B1).
17. ADJOURN
5
March 25, 1997
BOARD 01~ COUNTY COHMZflaZON~t8' I(~TZNQ
MJUtCH 25, '1997
ADDs I%~ 8(C)(2) - RECOMMENDATION THAT THE BCC APPROVE
EXPENDITURES FOR THE COLLIER COUNTY PARKS AND RECREATION
SPECIAL EVENT, YOUTH MIDNIGHT BASKETBALL TOURNAMENT. (STAFF'S
REQUEST).
I~I~L"I~ X~'~ 8(C)(~) -DISCUSSION REGARDING THE UNIVERSITY OF
FLORIDA EXTENSION PROGRAMS. (STAFF'S REQUEST).
I~ $(A)(5) - R~gU~ST ~q~A? ~I~XS X~ B~ B~%~D ~ ~l~00
A.M.- PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR FY 1996. (BCC REQUEST).
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
March 25. 1997
CLERK'8 REPORT
Analysis of Changes to Reserves for ConUngenciel
I. General Fund (001) for FY 96/97
2. Community Development Fund (113) for 96/97
3. Facilities Construction Fund (301) for FY 96/97
4. Present to the Board the Government Finance Officers
Association Certificate of AChievement for excellence
In Financial Reporting.
5. Present to the Board the Comprehensive Ann,~jal Financial
Report for FY 1996.
RF~.ERVE FOR
For the roaming tk~ M Mamh 2~. lgg7
RES~ERV~ FO~ CONTINGENCIES:
11-27-~
12-11-88
12-11-g6
~ To mt~ir ~ Central L, braq Ghil~
1-22-97
110
119
and rekMM vv4t~ planef~ no bnger eml~oyed by EMS.
1-31
143 To pmcMd w~ Tax Deed App~atlont ~ ~
2-11-97
163 To fund gain ~dng .war~ m al~l~wecl by BCC 12.17-~6
2-28.-g7
187
To fund em~ge~cy repeim t= the ImmokalN Jail, Naple~ Jall
$10,000 each: (No.: 2g, 17, M, 69, 51,181,162.)
$ 4,675.B30
(14.47S.00)
41,300.00
(3S,SO0.O0)
(aO,~,~.O0)
(12,500.00)
(36,1~0)
lIAR 2 5 1997
ANAL.Y~ OF CHANGE~ TO COMMUNITY DEVELOPMENT FUND (113)
REIERVE FOR CONTINGENC~$
FMthe moe~ng c~ March 25, 1097
FY 1996.07
RP..SERVE FOR CONTINGENCIES:
OflgJnef Budget 10~1J16
CuTront Ihleflce 3/14/97
$ 277.400
7B'2,~:)0.
EXPLANATION OF REDUCTIONS
1.22-97
112 Fund~ provkled by exce~ cm~/forwtrd
$ ,~oo
To~ Reduc'donm
~ 2 § ~?
ANALYItl OF CHANGE~ TO FACKJTIEI CONITRUCTION FUND {30t)
RESERVE FOR CONT1NGENCIEI
F~ Ihe mee~ng d~ ~f Mtn:h 25, 1997
FY tl4H47
RESERVE FOR CONTINGENCIES:
~ Bdincl 3/14~g7
B.A.
2-11
2-24-g7
3-5-97
148
156
EXPLANATION OF REDUCTIONS
Addition c.t~y f~xv~d i~ needed for oflgo~ projects
fix lgg7.
Fur~ not needed fo~ ~ Re~'c~ts, returned
to re~rwt.
Fund~ needed to cover rte cost of profe~siond
laxlK~ping for Em 41.
Amendments emc~g to ~ ~h~n
$10,000 e~:h: (No.: 25)
Tc~d
HAR 2 5 1997
To inform and present to the Board of County Commissioners
the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting for the
Comprehensive Annual Financial Report for the fiscal year
ended September 30, 1995.
~ONBIDERATZONBz
The Clerk of the Circuit Court serving in the capacity as Ex
Officio Clerk to the Board is responsible for the
coordination of the annual independent audit along with the
production of the Comprehensive Annual Financial Report.
In this role, the Clerk participates in the Government
Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting program. This award
program was established by t~e GFOA in 1945 to encourage
government units to prepare and publish an easily readable
and understandable Comprehensive Annual Financial Report
covering all transactions of the government during the fiscal
year.
The GFOA, along with the Clerk of the Circuit Court, believe
that governments have a special responsibility to provide the
public with a fair presentation of their financial affairs.
The CAFR's prepared by and for Collier County go beyond the
requirements of Generally Accepted Accounting Principles, to
providing the many users of our financial statements with a
wide variety of information used in evaluating the financial
condition of this County.
Collier County has received this prestigious award for nine
consecutive years, and it is with great pride that we inform
and present to the Board the award for the tenth consecutive
year for the CAFR that was prepared for the fiscal year ended
September 30, 1996.
FISCAL IMPACT:
None
HAR 2 5 1997
That the Collier County, Board of County Commissioners accept
the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reportinq for the
Comprehensive Annual Financial Report for the period ended
September 30, 1995.
,~mes L. Mitchell, C~A, CFE, CBA
r of Finance and Accounting
Dw£gh-~W~. v S~oc~-~~
Cler~/~f the Circuit Court
COLLIER COUNTY MANAGER'S OFFICE
Man:h 19, 1997
Katlfl~en C. Passidomo, Secretary
Collier County Junior Deputies League, Inc.
2640 Golden Gate Parkway, Suit~ #315
Naples, Florida 34105
3301 E. TAMIAMi ~
NAPLES, FL 34112
(941) 7744~353
FAX (941) 774-4010
A CERTIFIED BLUE CHIP COMMUNITY
Re: Request for Public Petition - Waive Performance Bond Requirement
Dear Ms. Passidomo:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 25, 1997 regarding the above referenced
subjecL
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the
Administration Building (Building "lv') of the government complex. Please arrange to
be present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact
this office.
Very Vuly yours,
Michael A. McNees
Interim County Manager
MAM/bp
cc: County Attorney
Vince Cautero, Community Development Services Administrator
Collier County
JUNIOR DEPUTIES lEAGUE. INC.
· cio Collier Coumy Sheriff'. Office ·
· 3301 T,,mlaml Trail Eaal · Naplea, FL 34112 ·
Edwe~f Motion
Aut~wy Ro~m
Wlil~m Q. P~,oe, M.D.
}&uch I0, I~)7
De~r Mr. McNe~:
In 1961, former Sheriff E. A. 'Doug' Hendry cflmcd the/unior Dcpu~
Pwmm_g~_ _..as.?.means oF.co~.municafing wi~ {1~ youth of Collier Cou~y.
Collier County to spcak with fourth ~md fifth graders. At the end of each school
year, a camping trip was offered Io the Sunior Deputies.
In 1962, the Collier County ~lunior Deputies League, Inc., a not-for-profit
Florida corporation w~s formed and in 1976 _rece_.4ved an exemption from ttxafion
from the Internal Revenue Service under Section 501(c)(3) of the IRS Code.
The corporat~ purpoms of the Collier County Junior Deputies League, Inc.
include giving youth a wholesome and active program of activities that will decrease
the delinquency rate; acquaint youth with the function of local government and law
enforcement; build a closer relationship between the youth of Collier County and
law enforcement officers; enlist the help of youth to kee~ others of their own out
of trouble; render services to ~ community through the youth policy work,
training for general emergencies ~xl ass~ in the pro~ecfion of life and
property, and; stimulate the youth interest in law enforcement az a c~'eer.
One of the most effective progcams of the Collier County Junior Deputies
League, Inc. is the Annual Junior Deputy Ctm~t. lhch year, generally during
the Spring break, ali Collier County fifth graders are invited to participate in a day
of activities and an overnight "camp out' sponsored by the Collier County Sheriff's
Office and the Sunior Deputies League. Annually, between 750 sad 800 students
participate in the campout which has been held at various si
County, most recently at the Florida Sports Park. AGEIqDA
pg._ /~ _
Mr. Mike A. McNees
Acting Collier County Manager
]vta~h 10, 1997
Page Two
Mindful of the tremendous growth within our community, the Collier County Junior Del~ties
League, Inc. determined several years ago that it was in the best interest of the organization to
acquire a permanent site for the Collier County Junior Deputies League's activities and the annual
campout. To that end, thc corporation purchased the south 33.26 acres of the Florida Sports Park.
It is the intention of the Collier County Junior Deputies ~e, Inc. to utilize the site for
overnight camping (in tents) and related activities, such as hiking in the preserve area lo.ted in thc
property, and canoeing in thc nine acre lake, also located in the property. The property will also
be available to other orgapi~tions such as thc Boy Scouts, Girl Scouts, Explorers, church groups
and other local youth groups.
At thc time the Collier County Junior Deputies League, Inc. acquh'ed the property, it was
aware that the Lxke located within same had never been properly completed and was in violation of
the construction stands listed in Section 3.5 of the Land Development Code. The Collier County
Junior Deputies League, Inc. has received a generous offer from the firm Southern Sand and Stone,
Inc. to complete the lake excavation at ncjl~charge to the Collier County Junior Deputies League,
Inc. and contacted your Community Development and Environmental Services Division to request
that the Excavation Permit No. 59.244 (Commercial) which was issued by Collier county when the
lake was originally constructed he reactivated so that the excavation may be completed.
In response to our request, in a letter of February 7, 1997, Mr. Start Chrzanowski advised the
Collier County Junior Deputies League, Inc. that the County would reactivate the excavation permit
and waive fees in connection with the excavation, but could not waive the performance bond without
the approval of the Board of County Commissioners. We have also been advised that the County
charges an additional fee for the road usage in hauling the excavated materials from the site.
The purpose of tiffs letter is to request Collier County to waive the requirement of the
performance bond and any road usage fees. As you may know, thc Collier County Junior Deputies
League Board of Dh-ectors is comprised of community volunteers and I~w Enforcement. All
funding of the Junior Deputies League and it's activities come from chaxitable contritmtlons and in-
kind contributions. While Southern Sand and Stone, Inc. has generously agreed to donate time,
labor and materials to complete the lake excavation, the Junior Deputies League Board does not have
the funds to pay the performance bond or c.,ther fees and charges. Accordingly, we respectfully
request that Collier County waive those fees, charges and the performance bond.
Mr. Mike A. McNees
Acting County Manager
March I0, 1997
l~ge T~'ee
require additional information, plea~ let us know.
We look forward to hearing from you, and in the meantime, if you hav~ any questi~ or
corn unc'~7.0~u~De~es Lea~e, Inc.
2640 Golden Gate Parkway, Suit~ tr315
Napl~, Florida 34105
(941) 261-3453
REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON SOLID WASTE COLLEC~ON
SERVICE SURVEYS AND REQUEST FOR DIRECTION R.EGARDI~IG THE STATUS OF
FRANCHISE AGREtUv[ENTS.
~.~ To provide information to the Board of County Comnflmoners oonon'ni~ recent solid
waste collection customer satis~'~on surveys and to seek Botrd of County Commissioners direction
CONSIDERATION; The County entered into exclusive f~tnchise agreements with its cu~ent waste
collection contractors Wute Manalement(WlV~ ~od lmmokalee Disix:~J in Ocut~,r 1990. Both
ngreemcnts w~re for a period of 8 yeats with an automatic two year renewal unless notice is givgn by the
County between January and May of 1998. If notice is givgn the agreements end Sep~,mb~ 30~' 1998.
~ corn.~nies had completed ten year periods with exclusive franchise ~'gements previous to eme~,ng
into the new eight year agreements
In order to provide information for an informed decision on whether or not to extend the existing
ngreements in,formation has been ~thered to amwer the following que~ons: A,~ om' customers satisfied
with the curr~t service provided ? A~ there any changes to the service needed or wanted by customers?
How do our rates compa~ with other conununities?
CUSTOMER SURVEYS
A que~onnairc was mailed to 138 neighborhood and area organizations as a means to get input on
waste collection service issues. The questionnaire a&ked for conunents on current service, suggestions for
future service and additionally asked for comments on spec~c ~lternatives provided by ~ There were
21 responses received fvom organizations. An additional 15 responses w~re receiv~ from individuals.
90*.4 of respondents who commented on current services said they wgre satisfied with the service.
Thc survey letter included questions about some specific service alternatives reflecting staff's knowledge
of reoccurring concerns expressed by ctmomers over time and possible opportunities for customer savings
or improved service. The responses to these specific items are given here:
Change to later collection start time -58% of those commenting on this issue v~re not in favor of a later
start time.
Standardized conUdner automated system---Very few comments were received on this issue. Those that
liked the idea were concerned ~out cost.
Eliminate plastic bags at curbside--57% of those responding lo this issue were not in favor of g~,-ing up
putting bags out at curbside.
Volume based vm'inble rate system--Respondents were equally divided on this idea. St~tff icoked at the
volume based conccp! in dct,~il. Given the complexity of a volume based billing system, and the fact that
the Count)' has spent several years developing an annual asse~men! included on the property tax bill, this
option is problematic for Collier Count)'.
1997
Reduction to once weekly ~,~rtoa~e collection-.-$8% of those respondins to this suggestion were agaln.~ a
reduction to the curr~n! twice weekly pick up.
T~ 9~ Aunu,%l Telephone Survey conducted by the O~ce of ~ ~ ~ ~ ~ 92% ~
~ ~V ~ ~ ~ ~ p~ ~. mud ~ ~ ~ ~ I~ ~t ~
~i~ ~m ~ ~on ~.
Inform~tlon about the collection service questionnaire was also pubtished by local media. The local
newspaper conducted its own su~,ey, inviting customer comments by prm, iding a coupon that could be
clipped and returned m the newspaper. Those cus~mer responses we~ then forwarded to the Solid Waste
Department. A review of the 111 responses show~ that 77% were satisfied with sea, ice.
While the responses from the newspaper survey val'ied to some degree from the response letters from the
staff survey, together theg' demonstrate that the vast majority of solid waste customers served by thc
county are satisfied with thcir service and there are no outstanding major issues at this time.
R~SIDENTIAL RATES
The residential rate paid by cullomc:rs included in the County's mandatory coUection program is one of
the lowesl in the state. A stud), of collection rates for unincorperated areas of Florida's 28 most populated
counties conducted by St. Lucie County showed Collier County as having the next to the Iowesl rate of the
28 counties. The average rate was $15.31 per month. Collier County's rate including the r~cen! CPI
increase is $8.94 per month. '
COMMERCIAL RATES
Solid Waste Department st~f]' conducted a rate survey of conuncrcial dumpslcr services of the 30 most
populated counties in Florida. Rate information was available from 21 of those Counties. An average per
cubic yard rate s~s identified for each count), using their rates for four yard and eight yard dtunpsters
emptied on a mice weekly basis. The average rate for all the counties was $4.51 per cubic yard. Collier
County's rate ~s $5.38. 19% higher than the average. The cost to a business in Collier County
using a four yard dumpster emptied twice a ~ is $2,561.00 on an annual basis. A 19% reduction to
that rate would mean · $486.28 savings to that business.
The commercial rate information was subdivided imo three categories as related to the method of
establishing commercial rates as summarized by the table below.
EXCLUSIVE FRANCHISE-NEGOTIATED
EXCLUSIVE FRANCHISE -BID
NON-EXCLUSIVE/OPEN MARKET
AVERAGE COST
PER YARD
$5.59
$5.13
$3.43
FIAR 2 5 1997
Collier County's commercial rate~ are genern~t__~_ from out negotiated exclusive franchise agreement.
Om' compm-ative rate of $$.38 f~s between the negotiated and bid exclusive f~anchise categories,
Clearly the counties w~th non-exclusive open markets enjoy the lowe~ rates for commerc~ dumper
The rate surveys above indicate t~t while the current residential rate is eaa:r, llem the commercial rate
payers would greatly bencfi! from a competitive duznpster market. Since the current fianchise n~eement
is ~xclu~ive and includes both residential and conmm-cial service, · chaa~ in the ctua~nt arrangement
would require the developmen! {ifa new scope of services in a new contract.
SCOeZ OF SERVICES
Sbould a n,:w scope of services be developed staff has identified rome key components that would be
ben~eial in providing quality service and reasonable cost.
REMOVE COMMERCIAL DLIM~S~R SERVICE F'EOM EXCLUSIVE FRANCHISEmTlti$ will allow
for competition on both price and quality of ser~ce. The Coum7 could maintain reasonable control by
means of a non-exclusive franchise whereby haulers taus1 meet minimum slandards as experienced,
reputable, bondable companies.
DIVIDE THE LARGEST FRANCI-HSE AREA INTO TWO EQUAL AREAS=The current Service
District Number One includes most of the unincorperated population of the Count). excluding the
Immokalt¢ com~nunit),. Duc to growth this area now includes more than $0,000 m*ntt~_~or)' collection
uniu. Splimng this large area into two demographically similar units and glowing service providers lo
sen'c only one of the districts would allow for compamon of service qualiq, and provide a broader base of
resources in thc event of any unfo __resee__n problem with a single hauling service. In the event of a di~e:cr
such as a hurricane, the commumt), would also benefit from having more resotuces to draw fi'om
SERVICE CHANGE OPTIONSmThere were no resounding calls for changes in service as a result of
stallrs requests for public input. The responses on specific service issues raised by ~aff that are noted
above ~re for thc most part fairly evenly split or favored keeping service as is.
STANDARD CONTAINER PILOT PROGRAM-Since WMI is conducting a pilot program to teat the use
of standard containers, and given the Ix~bility that the t~t may be a success, it may be advisable to
consider standard containers as an option in a revised scope of services.
ALL MULTI-FAMILY RESIDENTIAL UNTTS SHOULD BE ADDED TO TH~ MANDATORY ROLL-
The current solid waste mandatory trash collection ordinance has ben in place for approximately six (6)
years. The ordinance requires the Count)' to bill ali residential customers who live in single throu~ four-
plexes, town. houses and row houses. The ordinance requires the hauler to bill all multi-story residential
units that are five-plexes and up.
Subdivision growth patterns, prupen)' management asrocia~ion composition, and the hck ofa requLrement
in the land development code for mandatory use of dumpsters in five-plex and up residential units, have
created service billing and hauler contracl administration problems.
For example, one property management association is composed of 59 traits (similar arrangements exist
throughout the Count)').
2 duplexes = 4 units 2 six-plcxes = 12 units
3 tn-plexes = 9 units 2 cight-plexes =" 16 units
2 four-plexes -- 8 units I ten-plex "' 10 units
21 traits 38 units
MAR 2 5
~Q._
...... r- .......... lY I I
l~r the ordinance the County shouidbiil 21 of these units and thc hauler should bill 38 units. However,
the sutxlivision d~-vcloper chose dumpst~r service throush the site development process. 'l'ne end result is
that the hauler is Mllin8 the associa~on for all 59 units. Ifthe County bills the 21 traits as dicmed by the
ordinance, they will either pay twice or the property association will ~ to credit back these 21 units.
and many units who pay twice. Under the current ordinance structure, billing is c~,mbe_ rsome, caus~
errors and requires an inordinate amOUnl of time to monitor the process.
Rev~n~ Services ~cnt test r~'ults indicate that County billing of ail residential units on the tax
bill, coupled with the tree of a was~ g~ncration rate of approximately 80% of sin~e family through
fourplcx home~ would reduce the corn to the 65,000 +/- cus~mcrs in thc County who arc presently billed
by the haulers. Thc total mandatory roll would be increased from the cttrront 54,000+/. to 119,000 uni~
providing a more equitable system where all residential units arc included in the mandatory program.
OPTIONS TO CONSXDER
Given all the above and in consi~ration of the franchise agreements currently in force, the available
options ~re:
1) Allow thc curt'tnt agreements to extend two years (till September 30, 2000) by taking no action to
noti~, thc franchisees during thc notification time period ($anuar). 1998 to May 1998).
2) Solicit bids for collection services and evaluate same in advance of the contract extension notification
time period. Make bid award or reject all bids and extend current agreement.
3) Negotiate with current franchisees.
FINANCIAL AUDIT OF CLrI~E~ FRANCHISEESwThe last full audit of franchi__~,~__ was completed
in 1993 reporting on 1992 calendar year business. The audit report for Waste Management showed
revenues of $10.2 million with an income of $2.5 million for thc period. Inunokalee Disposal showed
revenues of $740,800 with an income of $31,400. Subsequent to thc last full audit the County Clerk has
performed limited audits focusing on verifying the franchise fees paid to the County.
The Solid Waste Department current budget included funds for a full audit in anticipation of the franchise
evaluation process. Staff recommends initiation of a full audit.
FISCAL []~,~(~T: Estimated cost of franchisee audits is $70,000. Line item 473-1'73413-632300.
GROWTH MANAGEMENT IMPACT[ N/A
RECOMMENDATIONS;
1) That the Board of County Commissioners approve a full audit of thc waste collection franchisees.
2) That the Board of County Commissioners give staff'direction regarding the status of waste collection
Franchise agreements and the options referenced above.
NAR 2 5 1997
_ ¥
A. ~ th~ ]3oifd of Cog~ty Col~on~rs Ipl)fOv¢ ~ ~lim~_ti~B of C;Ol~ d~T~Dl~'f
mndce is pin of the exclu~v~ B~u~chise service.
15axed W. Rant, Il, Dimaor, Soi~ Wut~ Depamnent ' Date
~ml W. Miller, P.£., ~terim Public Wod~
PUBLIC WORKS DIVISION
DWR:dr
HAR 2 5 1997
EXECUTIVE SUMMARY
RECOMMENDATION THAT TtIE BOARD OF COUNTY COMMISSIONERS APPROVE
EXPENDITURES FOR THE COLLIER COUNTY PARKS AND RECREATION SPECIAL
EVENT, YOUTH MIDNIGIIT BASKETBALL TOURNAMENT.
Objective: That the Board of County Commissioners approve program registration, hotel and per diem
(meals) expenditures for parti~:ipants in the Youth Midnight Basketball Tournament in Orlando, Florida,
March 27 through March 29, 1997.
Consideration: The Golden Gate Community Center runs a program Youth Midnight Basketball. The
program is structured for at risk youth ranging in age from 13 to 16. This program is supported by the
Collier County Sheriff's Department and the Golden Gate community.
A Midnight Basketball Sunshine Easter Classic Tournament is being held in Orlando March 27-29, 1997.
The Golden Gate Community Center is sending a team to represent the Parks and Recreation Department
at this tournament. The Center has received a donation to offset the cost &this trip and the funds have
been remitted to the County. This is an incentive for improved behavior for the youth involved in the
program both at the Center and in the community.
The Department is requesting that funds not to exceed $l,500 be allocated for youth participation in the
tournament.
it is the opinion of the Office of County Attorney and the Clerk of Courts Office that this Board approval
is necessary because County funds are being expended and the children traveling to the tournament are
not within the definition of "traveler" of Section 112.06, Florida Statute, describing authorized public
travel expenses.
Fiscal Impact: The estimated cost of this program is $1,500. Funds have been previously donated to
the County for this event and are available in Fund 130-157710-366900 Contributions - Private Sources.
Growth Management: None
Recommendation: That the Board of County Commissioners authorize the Chairman to sign the
attached Resolution regarding expenditures for program registration, hotel and per diem (meals) for the
youth participants in the Midnight Basketball Sunshine Easter Classic in Orlando, Florida.
IlAR 2 5 i997
Prepared by:
Joh~13uh'nuck, ~oldeh ~ate~ommuni~ Center Supe~isor
nd.
Approved by:
Muralo ffmi~, Recreation Manager
Dep~ent of Parks ~d R~r~tion
Approved by , . _ /~ :
Maria Ramsey, Director (r!
Department of Parks and ~,e~reation
Approved by:..
ThomfisX~V. Olliff, ~lministrator
Division of Public Services
!
RESOLUTION NO. 97-
A RESOLUTION APPROVING THE EXPENDITURE OF COUNTY
FUNDS FOR SPECIFIC EXPENDITURES TO BE INCURRED AT
THE YOUTH MIDNIGHT BASKE] BALL TOURNAMENT rN ORLANDO,
FLORID-\, AS SERVING A VALID PUBLIC PURPOSE.
WliF. R.E.,\.%. Collier Coun;~, Or¢lin;mcc No. 87-5 allows for the expenditure of
¢.'ount.~ funds to effectuate the purposes of the Ordinance provided that said expenditures
ar,: approved by the Board through an implementing resolution setting forth the specific
purposes of the expenditures; and
WHEREAS. thc Collier County Clerk of Courts office has conferred with the
Count.,,. Attorney's office regarding thc need for clarification about thc specific
expendilures which tl~c Board of County Commissioners intends to approve as serving a
valid pubhc purpose, even ,f thc expenditures arc not covered by the exact expenditure
categories .,,¢~ tbrth m Collier County Ordinance No. 87-5~
WItF.'REAS. thc Midnight Basketball Program League provides at risk youth in
the commumly an opportunity to part,cipatc in an organized and structured activity; and
WHEREAS. ".~rticipants have been chosen for their exemplary behavior with
M~dnigM Basketball ~md the Golden Gate Ga~c community.
NO\','. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The expenditures in the amount not to exceed $1,500 for the Collier County Youth
Midnighl Basketball Tournament in Orl.',ndo, Florida, March 27 flu'ough March 29,
1997. arc hereby l'ound by the Board to serve a valid public purpose and are ~lso
hcreb> approved Thc specific expenditures hereby approved are:
Expenditures ~br registration, hotel, per diem (meals) to be provided Io thc particip~sts
participating in this special event.
2 Fh¢ Board of County Commissioners hereby author zes the disbursement of $1,500 to
pa) for sd~d ,..'xpcnd~lures
Funds ~o cover the cost of this expenditure have previously been donated to the
Counly and arc available in Fund 130-157710-366900 Contributions -Private
Sources
This Resolution adopted after motion, second :md majority vote favoring same.
lIAR 5
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COLIN'FY, FLORIDA
BY:
BY:
TIMOTHY L. HANCOCK,
Chairman
Approved as Io form and legal sufHciency:
Chief Assistant County Atlomey
EXECUTIVE SUMMARy
PETITION AV 96-036 FOR THE VACATION OF A SEVEN AND ONE HALF FOOT
UTILITY EASEMENT ON LOT 50, BLOCK 64, NAPLES PARK UNIT NO. 5. AS
RECORDED IN PLAT BOOK 3, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
D~ To approve the Resolution for the vacation of a seven and one half foot
utility easement to allow owner to rebuild across easement area.
CONSIDERATIONS: Petition AV 96-036 was received by the Transportation
Department from Mark Lamoureux as agent for owner Michael Podolski to vacate a
seven and a one half foot utility easement at the side of lot 50. The easement was
created by dedication of the plat recorded in 1953. A motel was constructed over the
easement shortly thereafter and has remained to present day. The petitioner became
aware of the easement when his plans to demolish the building and rebuild requtred a
survey showing the encroachment. Letters of no objection have been received from all
authorized users. Transportation has reviewed and has no objection. Zoning is C-3.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT; None.
RECOMMENDATION: That the Board of County Commissioners approve the
Resolution for the vacation of the above-described easement, authorize the execution of
the Resolution by its Chairman, and direct the Clerk to record a certified copy of the
Resolution and make the appropriate marginal notes on the plat.
PREPARED BY: ~~h.~/~
Russell D. Muller, Engineer I
David F. Bobanick
Intedm Transportation Director
i~ymond W. Miller, P.E.
Interim Public Works Administrator
DATE: z'- ~..,~--/
DATE:
DATE:
RUSS/tnv'022097/EX 96-036.doc
Attachment(s) -c,( l,,OA ti[-
HAR 2 5 199
1 RESOLUTION NO.
2
3
4 RESOLUTION FOR PET·ON AV 96-03~ TO VACATE A PORTION
$ OF A SEVEN AND ONE HALF FOOT UTILFTY EASEMENT
e LOCATED OF A PORTION OF LOT 50, BLOCK 64, NAPLES PARK
7 UNIT NO. 5, ON THE PLAT OF NAPLES PARK UNIT NO, 5, AS
a RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC
$ RECORDS OF COLLIER COUNTY, FLORIDA.
10
11
12 WHEREAS, pursuant to Section 177.101, Florid· Statutes, Mark Llmoumux, ·gent
13 owner Michael Podolski, does he·by request It· vacation of · portion of · leYln anti aP4 half
14 foot ub'~/ea~nent k>cated on · portio~ o1' lot 50, ~ 64, o~ the plet of Naples Park Unit No.
15 as ·corded In Plat Book 3, Page 14, of the Public Records of Collier County, Florida; and
18 WHEREAS. The Board has this day held a public hearfng I0 consider vacating I portion of
17 ~aid plat es more fully described below, and notice of said public headng to vacate was given as
111 required by law;, and
19 WHEREAS, The granting of the vacation will not adversely itl·ct the ownership m righl of
20 convenient access of other property owners.
21 NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Iha following be and il hereby
23 vacated:
24 See Exhibit "A" attached to and incorporated herein.
25 BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record this Resolution in
2~ the Public Records of Collier County. Floddl. end to make proper notations of this vacation on
27 said plat.
28 This Resolution adopted after motion, second and majodty vole favoring same.
DATED'
ATTEST: BOARD OF COUNTY COMMISSIONERS
DVV1GHT E BROCK, Clerk COLLIER COUNTY. FLORIDA
29
30
31
32
33
34
35
3~
37
3~
39
40
41
42
43
44
45
4~
47
Approved as to from end legal
sufficiency'
Heidi F. Ashton
Assistant County Atlomey
BY:
TIMOTHY L. HANCOCK, Chairman
RtJSS,~m/010296,'Re$o AV ~-03~
MAR 2 5 1997
I,~,._'~
Antonio Trigo, PIS
President
A. TEIGO & ASSOCIATES, INC.
Profe~fon~l L~nd Surve¥or~
2223 Trnde Center
Naples, Florida 33942
(941) 594-8448
FAX (941) 594.0554
LEGAL DESCRIPTION
A strip of land lying in Lot 50, Block 64, Naples Park
Unit No. S as recorded in Plat Book 3, Page 14 of the
Public Records of Collier County, Florida and being Bore
particularly described as follows,
BEGINNING at the northeast corner of Lot Se, Block 64,
Naples Park Unit No. S;
thenc'e 8.Goesg'40-E. 130.0e feet;
thence N.89eST'30-W. 7.50 feet;
thence N.Oe'59'40"N. 130.e0 feet to the south Right-of-Way
of 98Ch Avenue Norths
thence S.89°57 30"E. ?.~O feet along said Right-of-Way ~o
the POINT OF BEGINNING.
Prepared byx
Certificate No. 2982
cember 18, 1996
Note,k.S"ee sheet 2 of 2
for Sketch of Description.
HAR 25-I 97
ATTACHMENT B
.
~ [EXCEPT FOR %;ACATION OF
PLAT AND SIMULTANEOUS REPLAT]
Date Received:
Petitionez(Owner): lf~4/k~L ~~m Petition #:AV-
Address: Telephone~I
City/State: Zip Code:
Agent:~
Address:
City/ Telephone:~
State: Zip Code:~
Address of Subject Property:
City/State:~ _A.Z~p Code:~
Location: Township._~ Range
Legal Descripti, ~o~ 0~:F~_~ Block ~ Unit _ 5
Subdivision: ~:~p _ _ K
Plat Book _:% Page(s)
Reaso~
Current Zoning:.. - ~--~ -~11~
affect density? I~(~ -- -
Does this
I Hereby Authorize A~t Above to Represent Me for this
Petition:
Yes % No ..
Si~nacure of~etitioner (owner)
MIC4 EL PoDOLSK! _, OWNEI
Print Name (Title)
Please see ."Policy and Procedure of Vacation and Annulment" for
the list of supportive materials which must accompany this
petition, and de~iver or mail to:
,(1)
(2)
(4)
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (941) 774-8494
If applicant is a land trust, indicate the name of
beneficiaries.
If applicant is a corporation other than a public
corporation, indicate the name of officers and major
stockholders.
If applicant is a partnership, limited partnership or
other business entity, indicate the name of principals.
List all other owners.
liAR 2 5 1997
{,{~,,~nS .~
PoU~d~m C,~md (941)
Mr. Mark Lm'aourr~
role
870 97~' Ave. 1VoF,~h
Naples, FL. 33963
RE: Vacation of 7.5' Utility ~ent on the ~ side of Lo! 50,
Block 64, Naples Park Unit No. 5 (98~ Ave, North (~ U.S. 41)
We have reviewed the proposed vacation ~ stated above and have No Objection to the vacation,
provided that FP&L, UTS, and the applicable cable TV provider are in concurrence with the
vacation.
IfI can be of any further assistance to you in this regard, please let mc know.
Sh~ccrcly,
John R. Houldsworth
Senior Engineer
MAR 2 5 1997
~._~'
COLLIER COUNTY GOVERNMENT
December 17, 1996
Mr. Mark Lamoureux, P.E.
Mark Lamo~reux Engineering
870 97th Avenue North
Naples, FL 34108
~01 E. TAMIAMI TRAII.
NAPLES, FL 94112
(941) 752-2575
PAX (941) 7~2-2526
Re: Vacation of the 7.5' Utility Easement on the East Side
of Lot 50, Block 64,'Naples Park, Unit 5
Dear Mr. Lamoureux:
This office has reviewed your request to vacate the above-referenced
7.5' utility easement.
The Collier County Water-Sewer District has no facilities in the are~
and we, therefore, have no objection to the vacation of the 7.5'
utility easement on the east side of Lot 50 Block 64~ Naples Park,
Unit 5. '
Should
you
have
any further questions, please feel free to contact
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Technician
cc: Edward N. Finn, Public Works Operations Director
Russ Muller, Transportation Services
2 5 1997
"7
G
I::PL
P. O. Box 413013, Naples, FL 33~41.3~13
December 16, 1996
Mark Lamoureux
870 97~h Ave. N.
Naples, FL 33963
Re: Vacation of the 7.5' Utility Easement on the East side of Lot
50, Block 64, Naples Park, Unit Number 5
Dear Mr. Lemoureux;
In redly to your recent request, FPL has no objection to the
vacation of the 7.5 foot utility easement along the East side of
Lot 50, Block 64 of Naples Park, Unit Number 5 as recorded in
Plat Book 3, Page 14 of the public records of Collier County,
Florida.
Should you have any questions or concerns regarding this matter,
please contact me at (941) 947-7379.
Sincerely .
Bill F
Distribution Dp~igner
Naples Operations/FPL
~n FI~ Group company
MAR 2 5 1997
I'~._ f
Spt t
~ 247?
Nspla, F3a. bh ~4~2477
December 23, X996
Mr. Mike Podolski
3770 Fieldstone Slvd., Unit 1504
Naples, FL 34109
SEC 28, TWP 48S, RNG 25E
Vacation of Easement - LOT 50, BLK 64, Naples Park
Dear Mr. Podolaki:
In r~sponae to your inquiry of December 12, 1996, regarding the
possibility of vacating the subject dedicated easement, this is to
advise that Sprint/United Telephone-Florida will consider vacating
said easement contingent upon the following conditions:
1. Re-dedication of suitable replacement easements by the
property owner, at the direction of our Engineering
Department, prior to the abandonment of the existing
easement.
2. Receipt of a written agreement from the property owner to
reimburse United Telephone Company of Florida for all costs
incurred for rerouting the existing cable plant and burial
of new plant within the replacement easement.
After the property owner satisfies the above conditions, United
Telephone will commence preparation of a work order for relocation
of the existing telephone facilities. Actual relocation of the
existing plant will occur approximately 90 days from the receipt
of the written concurrence from the property owner.
If we can provide additional information, please contact me at
941-263-6374.
Sincerely.
Engineer-OSP Engineering
JTR:tu
cc: Chron File
MAR 2 5 1997
flOR REGULATED OJS?OH #ORE
BKTWEKH
SP~XN?/UNXT~D T~EFHONE Or FX,ORXDA
This Agreement is entered into this 1Sth dam o£ November,
1995, by and between SPRXNT/OJNITED TELEPHONe-FLORIDA ~SPRIJFT/
~I_~, a Florida Co'rp~rati0n, with the principal O££1ces'located
at 555 Lake Border Drive, Apopka, Florida and Nike Podolshi, with
principal o££1ces located at ~??0 Fieldstone Boulevard, Uait l$0d,
Naples, Florida 34109.
A4
RECITALS
SPRZNT/~YNITED has cabling and £acllLties located in the
utility easement, Lot 50, Block 64, Naples Park.
Nike Podolski is proposing construction o£ a ney
building, and has requested Sprint/United Telephone to
relocate cable facilities.
CO
SPRINT/UNITeD is willing to relocate its cable and
facilities and Nike Podolski, is willing to pay £or such
relocation.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, tho parties agree as
SPRINT/UNITED shall abandon cable and remove facilities
located in the utility easement Lot 50, Block 64, Naples
Park, in accordance with the print attached hereto as
Exhibit SA'.
2. SPRINT/UNITED shall Bake every effort to tire and
coordinate the relocations to coincide with the
development schedule.
0
SPRINT/UNITED estimates the cost of the relocation
depicted in Kxhibit "AS to be ~. Nike Podolski
agrees to pay all costs o! suctions, Specifics
o£ these cost estimates ere contained in Exhibit °B'.
Any cost in excess of the eGtimated quote herein shall
be strictly accounted fo~ by SPXINT/~JNITED.
HAR 2 5 1997
open. completion of the relocatLQn, S~2INT/UNITZD shall
submit an invoice to Hike ~odolaki, vhich shall document
the cost l~curred in the particular relocation. Hike
~odolski shall pay such invoice eithin 60 days o!
receipt.
S. This Agreement is not terminable. In the event I~IlHT/
UNITED has initiated york under this Agreement and Hike
~odolski does not proceed vith its development, Hike
~odolski shall be liable £o~ all'cost incurred by
· ~INT/UNITE~ pursuant to thi~ Agreement and all costs
incurred by SPXlHT/UIqITED in rearranging any facilities
in a manner acceptable to B~IHT/UNITED.
In the event S~aZN?/UNITED'S invoices are not paid vhsn
due under this Agreement, S~XX~/tTNXTED shall
be
entitled t'o r'easonable costa o£ collection, lncludin9
~lthout liaitation~ attorneys £ees.
·hie Ag~eemen~ represents the entire agreement o~ the
parties and supersedes all prior vrit~en or oral
understanding, representations and agreements.
Th/s Agreement shall be signed by a ~rl'ncipal o~ Nike
Podolski and proo£ o£ his or her authority to bind the
Corporation, shall be p~ovided upon execution oE this
Agreement.
IN ~ITNESS ~HEEEOF, the parties have executed this Agreement
the day and year first written above.
SPRINT/UNITED T~LEPHONE-FLO~ZDA
O~.~n i~ering & Construct/on
~ITNESSESt
AaREEXENT FOR RSGULATED ~BTOM WORK
BETWEEN
IPRINT,/TJHITED TELEPHONE-FLORXDA
MXEE ~0OOLSEX
IXIIXBXT B
45¢ (Buried Cable)
2. 45X (Aerial Cable Removal)
Ha~erLi! $
Labor x,g08.00
Labor X73.00
TOTAL COST
4,480.00
HAR 2 5 1997
OContinental
Cablevision'
P.O. Box 413018 · 301 Tower Road
Naples, FL 33941-3018
Phono: {941) 7~3-9600 · Fox: (941} 793-1317
December 13, 1996
Mark Lamoureux Engineering
870 97th Avenue N
Naples, FL 34108
RE:
Proposed Vacation of the 7.5' Utility Easement on the East Side of Lot 50,
Block 64, Naples Park, Unit No. 5 {98th Avenue North (Il) U.S. 41)
Collier County, Rorida
Dear Mr. Lamoureux:
Continental Cablevision of Southwest Florida has no objections with the proposed
vacation of the above referenced utility easement.
Sincerely,
tor M. Martin
Director of Engineering end Construction
NMM/jdr
HAR 2 5 1997
I~._ /'~'' --
Sec}ion Line
RighT-o~'- Way Lino
LIST OF PROPERTY OWNERS
within 250 fe~t of ~he F.,uement
Nickolo & Domenico LaGrasta
860 Cassena Road
Naples, FL 33963
Mark & Suzanne L~mourtux
193 Ridge Drive
Naples, FL 34108
John T Connor, TR
165 Cartcn Road
Naples, FL 34108
Mauro & Anna LaC. rasta
380 Flamingo Avenue
Naples, FL ;}4108
Inu Wanmor
869 B 97th Ave. North
Naples, FL 34108
John P & Diane Ervin
854 108th Ave. N
Naples, FL 34108
Ralph E & Joan M Swartz
860 98th Ave. N
Naples, FL 34108
Annetta M & John E Murphy Jr., TR
P. O. Box 8687
Naples, FL .33941
Ma)xa AJvarez
863 98th Ave. N
Naples, FL .34108
C C Development Co.
868 99th Ave. N
Naples, FL 34108
Parcel N~ 62770160001
Parcel No. 62771440005
Parcel No. 62771400003
Parcel No. 62775120004
Parcel No. 62775160006
Parcel No. 62775200005
Parcel No. 62776160005
Parcel No. 62776240006
Parcel No. 62776320006
Parcel No. 62776360009
Parcel No. 62776400008
Parcel No. 62777560006
MAR 2 .R 1997 I
h,,d m ~ 62'7750e0005
ommM II
2123995 OR: 2256 PO: 1090
NC-.II
IaSC I .fl
let J:
Warranty Dee(]
Tbi$ Indenture, Med. a~ ~e<:
Robert N. o&rbinsky, i single Ban,
Deoelber, 1~96
~c,i~ Collier Ii~ Florida , erantor~ Id
Nlchsel ~. POdolski led Kar~ ~. Podolaki, husbInd and ¥1f~, at an
IIt:l~e by the lnl~irl~ial,
s4I~demb:4?00 Tamiani ~rail N., Naplas, Flor/da 34103
~*,c~mT~ Collier . ~ Florida , c~ntm.
· ~ ~ ~Ol~OC(lxo.oo)
~ts 1, 2, 3, 4, S, 49, lng S0, Block 64, NIp~II PB~ ~n~ 5~
according to the pile thereo~ a~ recorded Ln P1Bt Book 3, Pigs
14, Public Rlco~dl of Collier Count~, Tlortda.
~ any, and taxa..ubse~ent to 1996.
STATE OF Florida
COUNTY OF Collier
~. b, td~ ~ --- Nb,,4.q~ hb B ~ ~2~ &~ e Oeces~r, 1996
Ro~rt M. Garbinsky, a single man,
tk~ ~ ~ ~ I~ Id Nail:
~ in.m'u~p~d by:
oD an ltl E. Conley, F_~q. 6J l O Tr~l
IVapl~, FL $410~
Pm'cd ID #: 62776200004
2123994 225 1088
ItCOlOIO LI OI/ICZAL ttCllOl of CO/,Llll COIITT, IL
12103/ll it IS:2?ii HZ(IT I. lEX:Z, C/3IZ
COIl lStOtO.lO
ItC nl II.SI
IOC-.?I 1151.1t
IltJl:
lULlS IL ]lift
~ ~ARRANTYDEED made ~ executed r~s ~/day of December, 1996, A.D., between
C. C. DEVELOP~ COMPANY, a Florida General P~tnership
a~! having ~ principal pl~e ofbusiness at 868 99th Avenue North, Naples, Florida, 34108
hereintRer called the Grantor, to
IV~ICHAEL J. PODOLSKI and MARY F. PODOLSKI, Husband and W~fe
whose address is: 4700 N. Tamiami Trail, Naples, Florida, 34103
berein~er ca~ed the Grantee:
C~herever used herein, the terms Gr~tor and Grantee shall include singular and plural, heirs, legal
representatives, assigns of individuals, and the successors and assigns of corporations, where/et the
context so admits or requires.)
~,277V~£~: That said Cn'antor, for and in consideration of the sum of SlO.O0 and other
v~luable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain,
sell, alien, rern~se, release, convey and confirm unto the Grantee, all that certain land situate in Collier
County, Flodda, viz:
Lot 47 and 48, Block 64, NAPLES PARK, Unit 5, according to the plat
thereof recorded in Plat Book 3, Page 14, of the Public Records of Collier
County, Florida,
SUBJECT TO restrictions, easements common to the subdivision, if any; zoning and building code and
other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interest of
record, ifany; real property ad valorem taxes for 1996 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HA VE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land: that it hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that
Said land is free of all encumbrances.
..
IN tFIITVE.~ I¥ItEREOF, Or~tor hu caused the~e pre~ent~ to be executed in iu nmne, m~d ~
corporate ual to be hereunto ~xed. by ~ proper o~cer thereunto duly ~uthoriz~ the d~y ~ y~r tim
Signed~ sealed and deflvered
In the presence of:
C. C. DEVELOP~ COMPANY,
a l~ofida gmeraJ p~t~mh¥
The foregoing instrument was acknowledged before me thi~::] day of November, 1996, by
CLARK D. JENSEN.
Personally Known
Produced Identification
Type of Identification
Notuy PubUc~
Printed Name of Notary
Commission Number
My commission expires:
HAR 2 .~ 1997
I
BOARD OF'" i~-~!~.~
COUNTY COMMI~S~iERS '
NAPLESI FLCMIDA ~g62
·
INVOICE NO.
FUND COST CENTER O~d~S PROdECT CA CK AMOUNT
Id/ i(~ I0 ~,$~/~ ~o
CUSTOMER COPY 1 0 6 012
2 5s
RECOMMEND THAT TI:rE BOARD OF COUNTY
COMMISSIONERS APPROVE AN ORDINANCE AUTHORITJNG
EXEMVHON OF LOCAL TAX ON ELECTRICITY (EVEN
THOUGH CURRENT TAX DOES NOT EXIST) USED IN THE
IMMOKALEE ENTERPRISE ZONE.
OBJECHVE: To have the Board of County Commiuionem ~rove an Ordinance
authorizing exemption of local tax on electricity used by new and expanded bu~inesr~ in
the Immokalee Enterprise Zone. The purpose of this Ordinance will ~erve u an
incentive for attracting businesses to the Immokalee Enterprise Zone. While Collier
County does not currently impose an electrical energy usage tax, it is the opinion of the
State Department of Revenue that an Ordinance MUST be enacted purraant to s.
166.23 l(gXa) that exempts not less than 50 percent of ~ch tax to be eligible/'or the
exemption.
CONSIDERATIONS: On March 28, 199S, the Board ofCounty Commiuioner~
pursuant to Section 290.056, F.S. passed Resolution 95-248 e~bliahing are~ included in
Tracts 112.03, 113 and 114 and known as the Immokalee Community into an Enterprise
Zone. After applying to the State, approval was received designating lmmokalee az an
Enterprise Zone effective .lanuary 1, 1997. With this designation, Florid~ State
legislation allows several varietie~ oftsx credits to encourage bu~inea~ to inve~t,
renovate and grow in the Enterprise Zone, and to employ people from Collier County.
One of these tax credit~ relate~ to State electricity ~ales tax exemption~. In order for this
exemption to be available, a local municipality (which according to the Department of
Revenue would be Collier County) MUST enact an Ordinanc~ that provides for
exemption of local utility taxes ~ven if they do not currently imy, ose ~ach a
While the State Department of Revenue is reluctant to provide their position in writ~g,
they will ultimately have the final say in authorizing exemption of state sales tax.
FISCAL IMPACT: There are no costs to the County associated with this Ordinance.
However, such an Ordinance will enable Collier County to offer another inducement to
attract businesses to Immokalee that will ultimately increase county tax revenues and help
to stabilize the Immokalee Community.
MAR 5 1997
GROWTH MANAGEMENT IMPACT: While there is not an economic element in
the Growth Management Plan, the attraction of businesses to the lmmokalee Community
will serve to strengthen the economic viability oflmmokalee and add stability to a
community thai has recently suffered a loss of jobs in the a~ri-business.
RECOMMENDATIONS: That the Board of County Commissioners approve an
Ordinance authorizing a reduction of at least 50 percent ofthe local utility tax for electric
energy for qualified businesses within the Immokalee Enterprise Zone.
Jun ~__~n, Housing Pro~ram M~. Date:
REVIEWED BY~~~~~'
Gre~
~ ~ma~c, ~rector Date:
Housing and Urban L'nprovement
APPROVED BY: .~~'
Vincent A. Cautero, Administrator Date:
Community Dev. & Environmental Srvs.
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ORDINANCE NUMBER 97-
AN ORDINANCE OF COLLIER COUNTY AL~'ltORIZING
EXEMPTION OF LOCAL TAX ON ELECTRIC ENERGY USED
BY QUALIFIED BUSINESSES IN THE IMMOKALEE
ENTERPRISE ZONE~ PROVIDING CONDITIONS; PRO'~IDING
DIRECTIONS TO THE CODIFIER; PROVIDING A
SE~ERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commiuionen of Collier County, on March
28, 1995, pursuant to Sections 290.001 - 290.016, Florida Statutes, passed Resolution
95-248 which norninaled Tracts 112.03,113 and 114 of the 1990 Census, published by the
U.S. Bureau of the Census, known as the Imrnokalee Community to Florida Depam'nen!
of Commerce to be designaled as a Florida Enterprise Zone; and
WHEREAS, the Florida Department of Commerce pursuant to Section 370.28,
F.S. on October 17, 1996 designated the Immokalee Community as an Enterprise Zone
effective.Ianuary 1, 1997; and
WHEREAS, it is the desire of the Board of County Commissioners of Collier
County to increase thc economic viability and profitability of business and corn.merce
located within the enterprise zone; and
WHEREAS. §212.08 (I 5) F.S., authorizes an exemption equal Io 50 percent of
certain sales taxes imposed pursuant to Chapter 212, Florida Statutes for qualified
businesses located in an enterprise zone when the local governing body has, by
ordinance, authorized a reduction ofat leut 50 percent of the local jurisdictions utility
tax for elec~'ic energy (even if the lecal jurisdiction does not currently have such a tax)
for qualified businesses in the enterprise zone, and
WHEREAS, §i66.231 (8)(a). F.S. authorizes the exemption of not less than 50%
of the tax imposed on purchasers of electrical energy pursuant Io the provision of
§ 166.23 I. F.S. for qualified businesses located within the lmmokalee Enterprise Zone
and determined to be eligible by the Department of Revenue.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COU~,TY, FLORIDA, that:
MAR 2 5 1997
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SECTION 1. TITLE AND CITATION
This Ordinance shall be known and cited u the "Collier Comity Exemption of
Electricity Sales Tax for Energy Used in Enterprise Zone".
SECTION 2. INTENT AND PURPOSE
The intent of this Ordinance is:
t l~ Any business located within the Immokalee Enterprise Zone shall be
eligible Io receive an exemption of utility tax imposed by the County on the purchase of
electrical energy if'such business is a qualified busineas under the provisions ot'§212.08,
F.S. and is determined to be eligible for the exemption by the Departmem of Revenue.
(2) To receive the exemption, a business must file an applicadon with the
/mmokalee Enterprise Zone Development Agency on a form provided by the Florida
Department of Revenue. A qualified business may receive the benefit herein provided for
a period of 5 years from the billing period beginning not mote than 30 days following
notification to Lee County Electric Cooperative ot other qualified business by the Florida
Department o£Revenue that an exemption hu been authorized. The benefit of this
Ordinance shall expire on December 31, 2005. Any qualified business which has been
granted an exemption under §212.08(15) F.S., shall be entitled to full benefi! of'that
exemption as il'expiration had not occurred on that date. Norwi~g the e~iration
reference above, ifa subsequent audit conducted by the Florida Dt'pertmen! of Revenue
determines that the business did not meet the criteria mandated in §212.08(15Xd) F.S.,
thc amount of taxes exempted pursuant Io this ordinance shall immediately be due and
payable to thc Florida Dcparlmen! of Revenue by the business, Iogether with the
appropriate interest and penalty, compuled ~ the due date of'each bill foe the eloct~cal
energy purchased as exempt under this subsection.
SECTION 3. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicLs with any other ordinance of Collier County
or other applicable law. thc more restrictive shall apply. If any phrase or Portion of the
Ordinance is held invalid or unconstitutional by any court o/competent
Do. on shall be deemed · separate, di~nct m~d independent pro~4sion and such holdLqg
shall not xffect the v~idity of thc rcmaifling portion.
SECTION 4. INCLUSION OF TH~ CODE OF LAWS AND ORDINANCES.
The provision of this Ordinance shall become sad be made p~ of thc Code of
Laws and Ordinance of' Collier Count,. Florida. The sections of thc Ordinance may be
rmumbcred oF Faltered to accomplish such. and the wont "ordinance" may be changed
to **section", **tflicle", or any other sppropri~e word.
SECTION S. F_.FFE~ DATE
I. This Ordinance shall become effective upon filing with the Departrncnt of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County. Florida this day of ,1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA
By:.
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Approved ~ to form and
legal su~cicncy:
H~rDI F. ASH¥of~' ' -
Assistant County Attorney
TIMOTHY HANCOCK
Chairman
FOR L~aL AhT'~.RTI$1#C rjr I~LIC #Lr. Alf.qC~
r~t~ er Fe uest for sm fl su~[tted Co
/ ~ ~ H~IEF f~o (fill /X/ b~esttnl DlvlOl~l /X / Orill~l to Cle~*. orrtce
for
D~te lecel~ed D~tp advprrf,~ 6... ., . ..
EXECUTIVE SUMMARY
PETITION AV 96-024, MCANLY ENGINEERING AND DESIGN, INC. AS AGENT FOR
OWNER, EASTRIDGE PARTNERS, LTD., REQUESTING VACATION OF A PORTION
OF TARA COURT AND A PORTION OF A TEN FOOT (10') UTILITY EASEMENT AS
SHOWN ON THE PLAT OF PLANTATION, AS RECORDED IN PLAT BOOK 15,
PAGES 80-82, AND A PORTION OF TARA COURT AS SHOWN ON THE PLAT OF
PLANTATION UNIT TWO, AS RECORDED IN PLAT BOOK 17, PAGES 95-97, ALL OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
~;~ To approve the Resolution for the vacation to allow reconfiguration of the
proposed Club House.
CONSIDERATION: A petition has been received by the Transportation Department
from McAnly Engineering and Design, Inc. as agent for owner, Eastrtdge Partners, Ltd.,
requesting vacation of a portion of a 10 foot (10') utility easement and a portion of a cul-
de-sac road right-of-way platted as Tare Court as shown on the attached maps. The
petitioner has found it necessary to vacate the road and utility easement to allow site
reconfiguration on an SDP. Tara Court is being granted back as a Road Easement with
provisions should the petitioner desire to construct a gate. Letters of no objection have
been received from all pertinent utility companies, Collier County Engineering Review,
Collier County Utilities, Planning Services, Ston'rwvater Management, Collier county
Sheriff's and Golden Gate Fire Control and Rescue. A replacement Collier County
Utility Easement is offered as additional consideration. The public benefit is the
reduced maintenance costs and additional ad valorem taxes generated by the
development. The Transportation Department has reviewed the petition and has no
objection. Zoning is PUD.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT: None
I~ECOMMENDATION: That the Board of County Commissioners approve the
Resolution for Petition AV 96-024 to vacate the above-described road right-of-way,
authorize the execution of the Resolution for the vacation of same by its Chairman, and
to approve and accept the replacement easements, direct the Clerk to advertise the
adoption of the Resolution within 30 days and record a certi[ied copy of 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 make the appropriate marginal notes on the plat.
And that the Board of County Commissioners approve and accept the replacement
utility easement and direct the Clerk to record the easement.
HAR 2 § 1997
Executive Summary
Petition AV 96-024 Tara Court
Page 2
PREPARED BY~~
REVIEWED BY:
Inte..rim Tran~portation Director
Rayffx)nd W. Miller-,
Interim Public Works Administrator
RDM:m:021297:av g~-024 Tara ~
DATE: Z'. Z4- ~'"?
DATE:~7
MAR 2 5 FJ9?
1 RESOLUTION NO. 97-
2
3 RESOLUTION FOR PETITION AV 96-024 TO VACATE A
4 PORTION OF TARA COURT AND A TEN FOOT (10') UTILITY
5 EASEMENT AS SHOW~ ON THE PLAT OF PLANTATION, AS
6 RECORDED IN PLAT BOOK 15, PAGES 80-82, AND A
7 PORTION OF TARA COURT AS SHOWN ON THE PLAT OF
8 PLANTATION UNIT TWO, AS RECORDED IN PLAT BOOK 17,
9 PAGES 95-97, ALL OF THE PUBLIC RECORDS OF COLLIER
10 COUNTY. FLORIDA.
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12 WHEREAS, pursuant to Sections 177.101, 336.09 and 336.10, Florida
13 Statutes. McAnly Engineering and Design, Inc.. as agent for owner, Eastridge
14 Partners, Ltd., does hereby request the v~cation of a portion of Tara Court and a
15 ten foot (10') utility easement es shown on the plat of Plantation, as recorded in
18 Plat Book 15, Pages 80-82. and a portion of Tara Court as show~ on the plat of
17 Plantation Unit Two, as recorded in Plat Book 17, Pages 95-97, all of the Public
18 Records of Collier County, Florida; and
19 WHEREAS. the Board has this day held a public hearing to consider
20 vacating a portion of said plat as more fully described below, and notice of said
21 public hearing to vacate was given as required by law; and
22 WHEREAS, the granting of the vacation will not adversely affect the
23 ownership or right of convenient access of other property owners.
24 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai the following be and
26 is hereby vacated:
27 See Exhibit 'A' attached to and incorporated herein
28 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
29 COMMISSIONERS OF COLLIER COUNTY. that the road easement more
30 particularly described in Exhibit 'B' attached hereto and incorporated herein is
31 hereby accepted as the replacement easement for that portion of Tara Court
32 vacated hereupon.
33 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF COLLIER COUNTY. AS THE GOVERNING BODY OF
35 COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
36 COLLIER COUNTY WATER-SEWER DISTRICT. that the utility easement more
37 particularly described in Exhibit 'C' attached, hereto and incorporated herein, is
38 hereby accepted as the replacement easement for Ihe utility easement vacated
39 hereupon.
40 BE IT FURTHER RESOLVED, that the Clerk is directed to advertise the
41 adoption of this Resolution once in a paper of general circulation in the County
42 within 30 days following its adoption.
HAH 2 5 1997
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DATED:
ATTEST:
BOARD OF COUNTY COMMIS,~IONERS
COLLIER COUNTY, Ft. OFU~
Timomy L. Hmxx)c~ Clmk'mln
H,lidi F. A~htm't
.~mlstam Counhy Am:~
HAR 2 5 1997
VACATION OF EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
VILLAS OF CAPRI
A PORTION OF TRACT "E", PLANTATION LAKES
APPLICANT: EASTRIDGE PARTNEr, LTD.
A PARCEL OF LAND BEING A PART OF TRACT "E" OF PLANTATION AS
RF_.CO~ED IN PLAT BOOK 15, PAGES 80 THROUGH 82, INCLUSIVE, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT
OF PLANTATION AND RUN N78°53'45"W FOR 20.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN SI 1 °06' 15"W FOR 60.00 FEET; THENCE RUN
N78°53'45"W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN 30.68 FEET ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
70°18'30', A CHORD OF 28.79 FEET AND A CHORD BEARING OF
S65°57'00"W TO A POINT OF REVERSE CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY; THENCE RUN 124.56 FEET ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
142°43'51', A CHORD OF 94.76 FEET AND A CHORD BEARING OF
N77°50'20"W TO A POINT OF TANGENCY; THENCE RUN N06°28'25"W FOR
59.88 FEET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE
CONCAVE SOUTHWESTERLY; THENCE RUN 116.58 FEET ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE
OF 17°34'40", A CHORD OF 116.12 FEET AND A CHORD BEARING OF
S87°41'05"E TO A POINT OF TANGENCY; THENCE RUN S75°53'45'E FOR
79.29 FEET TO THE POINT OF BEGINNING, ALL BEING IN AND A PART OF
PLANTATION AND PLANTATION UNIT TWO AND CONTAINING 0.31
ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF ILECORD.
WILLIAM C. MEANLY, P.L.S. #1543
SIGNED://~ ~ /
DATE: ~~ ~_.~~.~
MAR 2 5 1997
~iJlllll!!lJJe. J
IIIitt!IIIIIiili
IIIIIIttilI!I!I~
I'-1 III' ":Ii
,J Jill, Il
eel
i
VACATION OF EASEMENT
EXHIB~ B
LEGAL DESCRIPTION
VILLAS OF C. APRI
A PORTION OF TRACT "A", ~ATION
APPLICANT: EASTRIDGE PKR'rNER, LTD.
A PARCEL OF LAND BEING A PART OF TRACT 'l' OF PLANTATION AS
RECORDED IN PLAT BOOK 15, PAGES $0 THROUGH 82, INCLUSIVE, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING FURTHER
DESCRIBED AS FOLLOWS:
10' UTILITY EASEMENT ALONG SOUTH LINE OF TRACT "A" OF
PLANTATION AS RECORDED IN PLAT BOOK 15, PAGES 80 THROUGH 82,
INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
CONTAII~'4G 0.13 ACRF.~, MORE OR LESS:
WILLIAM C. McANLY, P.L.S. #1543
NAR 2 5 1997
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2 5 1997
T~is I~strument Was Prepared By,
Record and Return To:
Brian J. McDonough, Esq.
Stearns Weaver Miller Weissler
-Alhadeff & Sitterson, P.A.
50 West Flagler St., Suite 2200
Miami, Florida 33130
(~SE~VED)
ROAD EASEMENT
granted thi. day of
by EASTRIDGR PARTNER~, LTD., a Florida limited partnership
(hereinafter referred to as ~Grantor.), whose post office address
is 2828 Coral Way, Penthouse Suite, Miami, Florida
Attention: Mr. Francisco Rojo, to the BOAR~ OF COUNTY
CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and
assigns (hereinafter referred to as "Grantee.), whose post office
address is 2301 Tamiami Trail East, Naples, ~lorida ~4112.
A. The Grantor is the owner in fee simple of that certain
real property more particularly described on ~xhibit "A" attached
hereto and made a part hereof (the "Easement Property").
B. The Grantor desires to grant a non-exclusive easement
over the Easement Property in favor of the Grantee, and the Grantee
desires that such easement be granted.
NOW, THEREFORE, in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, covenants and restrictions are made:
1. ~. The Recitals hereinabove contained are true
and correct and are made a part hereof as if fully set forth
herein.
2. Grant of Easement. The Grantor hereby conveys, ~rants,
bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, and privilege for
MAR 2 5
roadway purposes, upon the following described lands being located
in Collier County, Florida, to-wit:
SEE EX]{IBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF
3. R~I Estate Taxes: Maintenance. Grantor shall be
responsible for the payment of all real estate taxes, sales and use
taxes and other impositions assessed against the Easement Property
and for maintaining the Easement Property in accordance with all
applicable laws, codes, ordinances and regulations.
4. Limiting Access to Easement Area. In the event the
Grantor shall desire to construct a gate across the entrance to the
Easement Area or otherwise limit the Grantee's access to the
Easement Area, Grantor shall be permitted to do so, on condition
that the Grantor shall construct, at Grantor's sole cost and
expense, a cul-d-sac or turnaround area on the Grantor's property
which is adjacent to the Easement Area, of sufficient size to
permit vehicles to turn around and exit the entrance to the
Easement Area (the "Alternative Easement Area"). In such event,
(i) the easement interest granted herein shall be terminated by
written instrument executed by Grantee in recordable form and (ii)
Grantor shall execute an easement agreement in favor of Grantee
with respect to the Alternative Easement Area, which shall be in
the form of this Agreement, excepting therefrom this Section 4.
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed the date and year first above written.
Witnesses:
Print Name
Print Name
EASTRIDGE PARTNERS, LTD., a
Florida limited partnership
By:
Related Capri Housing,
Inc., a Florida
corporation, its sole
general partner
1'4AR 2 5 1997
,G._/D
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The fo%egoin$ instrument was acknowledged'before me
day of ___Z~Z~fd~%' 1996, by Francisco RoJo, as Vice President
of Rela¥-~Capri Housing, Inc., a Florida corporation, the sole
general partner of Eastridge Partners, Ltd., a Florida limited
partnership, on behalf of the corporation and as an act of the
partnership.
Personally Known J OR Produced Identification
Type of Identification Produced
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
IlAR 2 5 1997
EXHIBIT A
LEi3AL DESCRiPTiON
A PARCEL OF LAND BEING A PART OF TRACT 'E" OF PLANTATION AS
~RDED IN PLAT BOOK 15, PAGES 80 THROUGH 82, INCLUSIVE, OF THE
PUBLXC RECORDS OF COLLIER COUNTY, FLORIDA BEING FURTHER
DESCRIBED AS POLLOW$:
COMMENCE AT TITE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT
OF PLANTATION AND RUN N78'~3'45"W FOR 20.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN SI 1'06' I5'W FOR 60.00 FEET; THENCE RUN
N'/i'53'45"W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN 30.68 FEET ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
7D'18'30", A CHORD OF 28.79 FEET AND A CHORD BEARING OF
S65'57'00'W TO A {'OII~T OF REVERSE CURVATURE OF A CURVE
CONCAVE NORTHEA!{TERLY; THENCE RUN 124.56 FEET ALONG THE ARC
OF. SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
142'43'51', A CHORD OF 94.76 FEET AND A CHORD BEARII~G OF
N7'/'I0'20"W TO A POINT OF TANGENCY; THENCE RUN N06"28'25'W FOR
59.88 FEET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE
CONCAVE SOUTHWES~Y; ~CE RUN 116.58 FEET ALONG THE ARC
OF SAID CURVE, HAVING A RADIUS OF 380,00 FEET, A CEHrRAL ANGLE
OF 17'34'40', A 'CHORD OF 116.12 FEET AND A CHORD BEARING OF
$87'41'05'E TO A POINT OF 'I~GENCY; THENCE RUN S78'53'45'E FOR
79.29 FEET TO Tile POINT OF BEGINNING, ALL BEING IN AND A PART OF
PLANTATION AND PLANTATION UNIT TWO AND CONTAINING 0.31
AC ..F.S, OR t.ESS, TO EAS , RESTiUCrIONS
RE ER' ATION$ OF.
MAR 2 5 1997
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T~is Instrument Was Prepared By,
Record and Return To:
Brian J. McDonough, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 Wes~ Flagler St., Suite 2200
Miami, Florida 33130
by EASTRIDGE PARTNERS, LTD., a Florida~ partnership
(hereinafter referred to as "Grantor"), whose post office address
is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145,
Attention: Mr. Francisco Rojo, to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY ANDAS EX-OFFICIOTHEGOVERNING BOARD OFTHECOLLIER
COUNTY WATER-SEWER DISTRICT, its successors and assigns
(hereinafter referred to as "Grantee"), whose post office address
is 3301 Tamiami Trail East, Naples, Florida 34112.
W i T N E S S E T H=
That the Grantor for and in consideration of the sum of Ten
Dollars ($10.00).. and other valuable consideration paid by the
Grantee, receipt of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the Grantee, its successors and
assigns, a perpetual, non-exclusive easement, license, and
privilege to enter upon and to install and maintain utility
facilities, on the following described lands being located in
Collier County, Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
together with the right to enter upon said land, excavate, and take
materials for the purpose of constructing, operating and
maintaining utility facilities thereon. Grantor and Grantee are
used for singular or plural, as context requires.
HAR 2 5 1997
,
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed the date and year first above written.
Witnesses: EASTRIDGE PARTNERS, LTD., a
Florida limited partnership
By: Related Capri Housing,
Print Name: F%~:~_ $~o Inc., a Florida
President
STATE OF FLORIDA )
) SS:
¢~UNTYOF DADE )
The foregoiDg instrument was acknowledged before me this_~2~
day of /~~~z- , 1996, by Francisco RoJo, as Vice President
of Related Capri Housing, Inc., a Florida corporation, the sole
general partner of Eastridge Partners, Ltd., a Florida limited
partnership, on behalf of the corporation and as an act of the
partnership.
Personally Known / OR Produced Identification
Type of Identification Produced
Prin( or ~tamp Na~
Notary Public, State of Florida at Large
Commission No.:
My Commission Expir~~
Legal Description
V'dlM of Capri Apartments
1 $ FOOT WIDE COLLIER COUNTY UTILITY EASEMENT
A portion of land ~al~een feet wide more particularly described by the following centerline, lying in Section
4, Township $0 South, Range 26 East, Collier County, Florida:
Commence at the southeasterly corner of Tract "A", Plantation, as recorded in Plat Book 15, Pages 80
tlu'ough 82, inclusive of the Public Records of' Collier County, Florida, and run N78°$ I'05"W for 20.00
feet; thence run S11°08'56"W for 11.00 feet to the Point of Begirming;
Thence run N78°5 I'0$"W for 35.00 feet to a point herinafter referenced as Point "A"; thence run
SI 1°08'56"W for 49.00 feet to a Point of Termination; thence return to the aforementioned Point "A",
and run N78°$1'05"W for 17.56 feet to a Point of Termination, containing 0.03 acres, more or less,
subject to easements, restrictions and reservations of record.
Prepared By: ~ ~
/ l:lorida Registration No. 1543
McA. nly Engineering and Design, Inc.
5101 Tamiami Trail East, Suite 202
Naples, F'L 34113
tiAR 2 5 1997
TRACT 'B". PLANTATION, / ~ ''
P.B. lS. PAGES 80-82 / TARA COURT, PLANTATION,/
· / P.B. 15, PAGES 80-82 /
, [ LINE DIRECTION DISTANCE
~ j [ L1 N78~1~5"W 20.00
~.O.C.~ ~/ /P.O.B. [ L2 Sl1~8'56"w 11.00
~ ~ACT A. P~TA~, /
P.B. '15, PA~S 80-82 · '
< ,.,.;
P.O.,
POINT
30
P.O.T.
GRAPHIC SCALE
0 15 30
lll~chm30 ft.
TRACT "B", PLANTATmON UNIT TWO.
P.B. 17. PAGES 95-97
TARA COURT, PLANTATION UNIT TWO,
P.B. 17, PAGES 95-97
C.U.E,
P.O.B.
P,O.C.
P.O.T.
P.B.
LEGEND
COLLIER COUNTY UTILITY EASEMENT
POINT OF BEGINNING
POINT OF COMMENCEMENT
POINT OF' TERMINATION
PLAT BOOK
~ou~ OF n. om~^J McANLY ENGINEERING
--- AND DESIGN, INC.
FOOT ~E I ~ ~ ~c~ ~ ~
T~is fnstrument Was Prepared By,
Record and Return To=
Brian J. McDonough, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
(~ESERVED)
ROAD EAS EM UgT
THIS EASEMENT granted this //~ day of ~~~, 1996,
by EASTRIDGE PARTNERS, LTD., a Flor.%da limited partnership
(hereinafter referred to as "Grantor.), whose post office address
is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145,
Attention: Mr. Francisco Rojo, to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and
assigns (hereinafter referred to as "Grantee.), whose post office
address is 3301 Tamiami Trail East, Naples, Florida 34112.
A. The Grantor is the owner in fee simple of that certain
real property more particularly dgscribed on Exhibit "A" attached
hereto and made a part hereof (the "Easement Property.).
B. The Grantor desires to grant a non-exclusive easement
over the Easement Property in favor of the Grantee, and the Grantee
desires that such easement be granted.
NOW, THEREFORE, in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, covenants and restrictions are made:
1. ~Qi~. The Recitals hereinabove contained are true
and correct and are made a part hereof as if fully set forth
herein.
2. Grant of Easement.. The Grantor hereby conveys, grants,
bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, and privilege for
roadway purposes, upon the following described lands being located
in Collier County, Florida, to-wit=
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
3. Real Estate Taxes: Maintenan¢£. Grantor shall be
responsible for the payment of all real estate taxes, sales and use
taxes and other impositions assessed against the Easement Property
and for maintaining the Easement Property in accordance with all
applicable laws, codes, ordinances and regulations.
4. Limiting Access to Easement Argo'. In the event the
Grantor shall desire to construct a gate across the entrance to the
Easement Area or otherwise limit the Grantee's access to the
Easement Area, Grantor shall be permitted to do so, on condition
that the Grantor shall construct, at Grantor's sole cost and
expense, a cul-d-sac or turnaround area on the Grantor's property
which is adjacent to the Easement Area, of sufficient size to
permit vehicles to turn around and exit the entrance to the
Easement Area (the "Alternative Easement Area"). In such event,
(i) the easement interest granted herein shall be terminated by
written instrument executed by Grantee in recordable form and (ii)
Grantor shall execute an easement agreement in favor of Grantee
with respect to the Alternative Easement Area, which shall be in
the form of this Agreement, excepting therefrom this Section 4.
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed the date and year first above written.
Witnesses:
Print Name
Print Name :. J ~]~'~6~ ~A~A~
EASTRIDGE PARTNERS, LTD., a
Florida limited partnership
By: Related Capri Housing,
Inc., a Florida
corporation, its sole
general partner
j.a .n .ojo. c
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The for, egoin~ instrument was acknowledged before me
day of ~~z.-, 1996, by Francisco RoJo, as Vice Preside~n~
of Rela~~~ing, Inc., a Florida corporation, the sole
~eneral partner of Eastridge Partners, Ltd., & Florida limited
pertnership, on behalf of the corporation and as an act of the
partnership.
Personally Known/ OR Produced Identification
Type of Identification Produced
G: \#- L.TM\302 &4 \3 S 0 \EASE- jqD
£int or sta e:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires: j ~~GAL I
EXhqBrr A
LEGAL DESCRIPTION
'A PARCEL OF LAND BEING A PART OF TRACT 'E" OF PLANTATION AS
~RDED'IN PLAT BOOK 15, PAGES 80 THROUGH ~2, INCLUSIVE, OF THE
PUBLIC RECORDS OP COLLIER COUNTY, FLORIDA BEING FUP. THER
DESCRIBED AS PO~S:
COMMI~CE AT THE $OUTHEA~ CORNER OF TRACT 'A' OF SAID PLAT
OF PLANTATION AND RUN NT$*$3'45"W FOR 20.00 FEEr TO THE POINT OF
BEGINNING; THENCE RUN S11'06' If'tV FOR 60.00 FEEl';, THENCE RUN
N78'$3'45'W FOR 37.68 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SO~y; THENCE RUN 30.68 FEET ALONG THE ARC
OF SAID'CURVE, HAVING A RADIU~ OF 25.00 FEET, A CENTRAL ANGLE OF
70,Ig~30",' A CHORD OF 25.79 FEET AND A CHORD BEARING OF
· ... $65.'$7'.00'W.TO' A l~0INT.OP REVERSE CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY; THENCE RUN 124.56 FEET ALONG THE ARC
· OF. SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
!42.*.43.,5. t', A CHORD'OF 94.76 FEET AND A CHORD BEARING OF
N77°50'20'IV TO A POINT OF TANGENCY; THENCE RUN N0~*25'2~'W FOR
59.g8-FF. ET TO A NON-TANGENTIAL INTERSECTION WITH A CURVE
CONCAVE SO~~I, ~CE RU~ I t6.ss ~m- ALONG ~U~ ARC
'OF:$~.A~. ,CURVI~'HAVXNG.A RADIUS OF 380.00 ~,.A ~ ANGLE
OF'I'7 3'4' 40', A CHORD· OF I16.12 FEET AND A CHORD SHARING OF
S87'41'0~'E TO A POINT OF ~GENCY; ~CE. RUN S~/$;S3'45-E FOR
7~.29' FEET .TO THE POINT OF BEGINNING, ALL BEINO IN AND A PART OF
PLANTATION' AND 'PLANTATION UNIT TWO AND CONTAININO
· ACRr~, MORE OR LE~, SUaH3Cr TO EASEMENTS, ~CTioi~rs: ~
m~'~TiCi~rs oF. p. Ecop~ ' ·
£0'd 'I~LO.L
JOINDER BY MORTGAGEE
The undersigned FEDERAL NATIONAL MORTOAOE ASSOCIATION, a
corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., a Co-
Mortgagee, under that certain mortgage from EASTRIDOE PARTNERS,
LTD., a Florida limited partnership, dated as of August 1, 1996,
recorded on September 5, 1996, in official Records Book 2225, Page
173, as assigned by assignment recorded in Official Records Book
2225, Page 208, both of the Public Records of Collier County,
Florida, in the original amount of $9,800,000.00 covering all/or a
portion of the property described in the foregoing Easement, does
hereby acknowledge that the terms of Said Easement are and shall be
binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this ~day
of January, 1997.
WITNESSES: FEDERAL NATIONAL MORTGAGE
ASSOCIATION
Print N ame:~ ~..]7_~nn ~ ,// ~,,a e.'~-~ '
~/Print Name '~7~hm ~. ~kii.'l~5 "-~.~ Title: Tho ms K HeM, 3r.. %Ice Pre=!d~.nt
STATE OF ~~ )
comfy OF
BEFORE ME, the undersigned authority, this day appe,~_ed -~n~%%
~ ~]~. ~. . known by me to be the [/,%~ ~%,~,~'=~;=
o~ Federal National Mortgage Association, a dorporation o~ganize6
and existing under the Federal National Mortgage Association
Charter Act, 12 U.S.C. § 1716 et seq., and he/she acknowledged to
and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of
said Association, and in its name, for the uses and purposes
therein mentioned, and after being duly authorized and directed.
WITNESS my hand an~.~f-ficial, seal in the County and State
aforesaid, on this, the~"~day of tTanuazT~, 1997.
Print Name
G: \w- BJM%3 O 3 &4 \3 i O\JO'r ~DE3(. F24M
Commission Expires
JOINDER BY MORTGAGEE
The undersigned FIRST UNION NATIONAL BANK OF FLORIDA, Mortgagee,
under that certain mortgage from EASTRID~E PARTNERS, LTD., a
Florida limited partnership, dated as of August 1, 1996, recorded
on September 5, 1996, in Official Records Book 2225, Page 220, of
the Public Records of Collier County, Florida, in the original
amount of $9,882,443.00 covering all/or a portion of the property
described in the foregoing Easement, does hereby acknowledge that
the terms of said Easement are and shall be binding upon the
undersigned and its successors in tiCle.
IN WITNESS WHEREOF, these presents have been executed this 'A~'day
of Dcccr._ucr, T99~. -'
-~z~ ~ 1997.
WITNESSES
Print Nam9
int
FIRST UNION NATIONAL BANK OF FLORIDA
STATE OF FLORIDA )
COUNTY OF DADS )
BEFORE ME, the undersigned authority, this day appeared Peter
__~_3,ap~k~a__ known by me to be the Senior Vice President
of First Union National Bank of Florida, and he/she acknowledged to
and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of
said Bank, and 'in its name, for the uses and purposes therein
mentioned, and after being duly authorized and directed.
WITNESS my hand and official seal in the County and State
aforesaid, on this, theJ-F.~day of Dc, ccr.~cr, 1~.
G: \14'- B~4\3 0 3&4 \3~ 0\JOZND~. F'~
Notary Pkblic State o~7 Florida
Comm. No. CC 275148
MAR ',' 5 1997
K. J¢
JOINDER BY MORTGAGEE
The undersigned FLORIDA HOUSING FINANCE AGENCY, an agency and
instrumentality of the State of Florida, Mortgagee, under that
certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited
partnership, dated August 29, 1996, recorded on September 5, 1996,
in Official Records Book 2225, Page 274, of the Public Records of
Collier County, Florida, in the original amount of $2,585,000.00
covering all/or a portion of the property described in the
foregoing Easement, does hereby acknowledge that the terms of said
Easement are and shall be binding upon the undersigned and its
successors in title. ,
IN WITNESS WHEREOF, these presents have been executed this~' day
of January, 1997.
WITNESSES:
STATE OF FLORIDA )
FLORIDA HOUSING FINANCE AGENCY
By:
Name: Susan J
Title: ExecutJ
~or
COUNTY OF LEON
BEFORE ME, the undersigned authority, this day appeared Susan J.
Leigh, known by me to be the Executive Director of FLORIDA HOUSING
FINANCE AGENCY, an agency and instrumentality of the State of
Florida, and she acknowledged to and before me that she executed
the said instrument, acting in her said official capacity, for and
as to the act and deed of said Agency, and in its name, for the
uses and purposes therein mentioned, and after being duly
authorized and directed.
WITNESS my hand an~ o~ficial seal in the County and State
afore'said, on this, the ll.~i~lday of January, 997.
Print Name
My Commission Expires:
of Florida
HAR 2 5 1997
JOINDER BY MORTGAGEE
The undersigned UNITED STATES TRUST COMPANY O~ NEW YORK, AS
TRUSTEE, a Co-Mortgagee, under that certain mortgage from EASTRIDGE
PARTNERS, LTD., a Florida limited partnership, dated as of August
1, 1996, recorded on September 5, 1996, in Official Records Book
2225, Page 173, as assigned by assignment recorded in Official
Records Book 2225, Page 208, both of the Public Records of Collier
County, Florida, in the original amount of $9,800,000.00 covering
all/or a portion of the property described in the foregoing
Easement, does hereby acknowledge that the terms of said Easement
are and shall be binding upon the undersigned and its successors in
title.
IN WITNESS WHEREOF, these presents have been executed this ~__~ day
of De~, 199~.
WITNESSES:
Print Name: ~11 " ~ ' i
STATE OF ~ )
c0 0 -'
UNITED STATES TRUST COMPANY OF NEW
YORK, AS TRUSTEE,
By
EFORE~,/ the undersigned authority, this day ~peare~d
~ ~.~A~C~-%%9 known by me to be the ~ ~ c~ ~.~ %~,_.--~
of UNITED STATES. TRUST COMPANY OF NEW YORK, AS TRUSTEE, and he/she
acknowledged to and before me that he/she executed the said
instrument, acting in his/her said official capacity, for and as to
the act and deed of said Trustee, and in its name, for the uses and
purposes therein mentioned, and after being duly authorized and
directed.
WITNESS my hand and official seal in the County and State
aforesaid, on this, the $~' day of ~, 199~.
Notary Public State of
G: \W-~.TM\3 0 3 &¢ \3~ 0\JOINDE~. US
Print Name
My Commission Expires:
No%tory Publ~ State of New Yo~I~
No. 01GR5012466
I MAR 2 5 1997 /
t''''- '¢4 /
*(])
(~)
(4)
RD14:010792:151
X Publ,tc Street
_____ A1 ley~ay '------
---__ Subdivision Plat -----
· _..___
Oate Received:
Pettt~oner:~Pa~nets,
Address: 2828
C~ty/Sta ~~.~
Agent: ~.,,...~u. oa
_Ad. dress: ~n~ ~-~_ .z'! ~'~
C~ty/Sta~
ddress of Subject Property:~
Location: -'~
Legal Oescrtptton:
at. oo :
Reason for Request: Elet. tez-
I' Hereby Authorize Agent Above to
P]ease'see "Policy and Procedur'
supPortive mat--,-, .... es
~:~fdl$ N/'llC.tl I~USt aCC
Transportat
Collier Cou~
Bldg.
t~apl es, FL
Tel eph one:
I~ applicant Js a land trust,
If applicant ts corporation
and name officers and major st
~f applicant is a partnersh
entity, so tndfcate and name p:
Zf applicant ts an owner, 1ndh
owners, ~f any.
~f apPlfcant ~s a. lessee,
o~ners jf not ~ndJcated on the
To2 J~m Carr
Z-Il.t? I~141~ I~. I of Z
FACSIMILE TRANSMISSION
TO:JIM
OF :_ MCANLY. A~4~R & ASSOC
FAX
MAIN 1:(~4~1 775-0723 ~ O~ P~ ~ ~:
OPt'A~TOfl.
ME88~QE
Jim,
In response +.o your fax, pleaM b~ advised as follows:
The owner of the property is: F.~trid~ Partrmrs, Ltd., · Rorkia Iimimd p4rtnership.
The curran~ partners of Eastridge are as follows:
General Partrmr: i%alaf~d Capri 14~u~ing,
Limtted Partners: Ra4at~d Corpors~ ~.P.L.P. (~Iml Liml~d Partner}
I~laf~d Cotpors~ Partners IV, L.P. (Llmlt~ Partner}
AIIbn~ C. apitd, In~. (Gpac~ Ct~s B Limited part. r)
On 8/16/~, the date the Pethion vvus signed, Cad Fernettom executed the petttion
on behalf of AIIianoe Cmpl~l, Ira. who was
date. On 8129/96, Alliar~e C. pit~l wet removed ~ · general I~rtner of Eattrtdge
Partner~, Ltd. and .ul~tltuted with RMated Capri Housing, Ino. A~ of 8/29/96,
Related Capri Housing, Inc., at general I~rtner of F..att~ge Partnett, Ltd., h~t the
authority to execute doournentm on behalf of the pmrtner~hlp. Officem of Related
Capri Housing, Irm. are .. follovv~:
Jorge M. Perez
Franci~co Rojo
Angel A. I-lemandez
Andrew Chesnick
Preeident, Seomtary .nd Treasurer
Vice F'm.ident
Vi~e Pr~kknt
A.bmnt 8e~mmry
Ptea~ call me if you have any further questions.
HAR z 5 rog? /
Statement of Public Benefit
for
Villas of Caprl Apartments
Vacation of Public Right-of-Way and Ten Foot Utility Easement
The property developers of Villas of Capri Apartments have requested a Petition to
Vacate the Public Eight-of-Way (a portion of Tara Court cul-de-sac in Plantation
Subdivision) and the ten foot wide utility easement on Tract "A", Plantation.
This vacation would allow the expansion of the existing cul-de-sac pavement on Tara
Court for better utilization ofthe land, It would also deed the land to the developer which
would generate annual taxes on the subject property.
VICINITY MAP
r°~:EASTRID(~.PARTf41~S, LTD. J McANLY I-eNGInING ~1~ ~
l
kR 2 5 1997
PUBLIC WORKS DMSIQN
August 5, 1996
.3301 E. TAMIAMI TRAIL
NAPLES, FL :~3x 341~2
(941) 732-2575
FAX (941) 732.2526
Mr. Janes A. Cart, g.I.
McAnly Engineering and Design, Inc.
5101 Tamia~i Trail East, Suite 202
Naples, FL 34113
Re: Vacation of Easenents in Villas of Capri - Plantation PUD
Dear Mr. Cart:
This office has reviewed your request to vacate a portion of the right
of way of Tara Court in the Plantation PUD.
The Collier County Water-Sewer District has existing water facilities
in the right-of-way. On previous discussion with Michael Newman,
Water Director, we have no objections to the vacation of the
right-of-way providing a fifteen (15) foot Collier County Utility
Easement (CUE) is accepted by the Board of County Commissioners and
recorded in the Official Public Records.
Should you have any further questions, please feel free to contact ne
at (941) 732-2571.
Sincerely,
Cindy N. Erb
Public Works Senior Engineering Technician
cc ~
Edward N. Finn, Public Works Operations Director
Nichael Newman, Water Director
Russ Muller, Transportation Services
NAR 2 5 1997
J .il
COIZIER CC
IllClmlil (94 I) 64~14~0
Pbmlq S..i::u
~ Oread/941) 732-2~02
August 13, 1996
Mr. James Cart
HcAnly £flgineering'& Desig
5101Tamiami Trail £., Sui
Naples, Florida 34113
RE: Vacation of portion
Dear Mr. Cart:
This is in response to you
to the vacation of a port~
have no objection to the v.
as shown -
on the enclosed
Plantation-, prepared by
dated July 26, 1996 and th,
to the stipulation that
back-around, 1oc---~ - - p
-~=u oe~ore
accommodate passenger vehic]
· for Villas of Capri and cons
Should you have any question~
Senior Engineer
cc: Russ Muller, Transportatj
Reading File
COI-UI R COUNTY
COMITY DEVELOPMENT AND ENVIAONM~AL
SERVICES DIVL~ION
2800 N. HORSESHOE DRIVE
NAPL~ lq. 341O4
A C~D re, bt CH~ ~
SERVICES DEPARTMENT
Fdm.m~ 7, 1~7
MeAnly Eng~ & Design ~
S 101 Tamiami Trail ~ Suit~ 202
N~p~ r~orid~ 34~ ~3
REOFJVEI~
RE: Vacation of Portion of Tar~ Court
Please be advised that tho Curt'mt pl_s~,~;nE ~;tion h~ no objection to 've~ting ~t portion
of Tara Co in tho am~dot SDP-94-123A.
S
Ronald Niho
Chief Plauner
HAR 2 § 1997
,!
December 12, 1996
Jim Ca=r, E. I.
McAnly Engineering & Des~
5101 Tam/ami Trail East
Suite 202
Naples, FL 34113
Concerning ~he Tara
of Capri, ~lan~a=icn Sut
Divisim a~d Z-911 Sur~
Sheriff,s Office has no
cc:
N~PL£$ ~R£~ CONST T£L:3536082
FF:)L
.]un 1 1 '96
1~:25 No.018 P.01
410S 15t~ Avenue S.W., Naples, FL SSO99
Fax ia13) ~
December 4, 1995
Mr. John P. Asher, P.E.
3106 S. ~ Dr.
Naples, Fl. 33942
RE: Pbmtatiou PUD - Easement Vacatlo~
FPL has no objection to vsca~ tim pordou of T~m Court ss sbow~ oa the
of Planuuion, u recorded in Pht Book 15, 1~ 80 thnm~h ~2 and the pl~t of
Phntetion Unit Two u recorded in PEa Book 17, PeBCs 95 tfmou~ 97,
inclusive, dl of the Public Recarch of Collier Carny. Flar~ lying west of the
follow/ag described linc: be~'. st tho ttocthwe~ comer ofTtm~ "B' of thc dx~ve
des0n'bcd plat of Plantsflon Unit Two: thence nm north 08e33' 59" eas~ 60.00
feet to the point of termimuion.
Also, FPL has no objcotion ~o vacate a ten foo~ (Iff) wide miE, ty easement lyir~
adjacent to the somh pwpeny line of Tract "A' less and except ~ ca,st 79.29
feet as shown on the plat thereo~ Plantmion as recorded in Plat Book I$, Pa~es
80 through 82 inclusive of the Public Rccords of Collier County, Florida.
If we may bc of furthor service, please contac~ me ~ (941) 353-6001.
Sincerdy,
E.T. Howard
86-11-19~6
QContin.ental
Cablev sion'
P.O. Box 413018 · 301 Tower
Naples, FL 33941-3018
Phone: (941) 793.9600 · Fax: (941) 793.1317
July 30, 1996
James A. Carr, E.I.
McAnly Engineering and .Design, Inc.
5101 Tamiami Trail East, Suite 202
Naples, FL 34113
RE:
Proposed vacation of a portion Tract 'E' of Plantation Lakes, as
recocrded in Plat Book 15, Pages 80 through 82, inclusive, of the Public
Records of Collier County, Florida
Dear Mr. Carr:
Continental Cablevision of Southwest Florida has no objection with the vacation
of the above referenced right-of-way easement.
Sincerely,
Nestor M. Martin
Director of Engineering and Construction
NMM/jdr
Sprint
£ 'nit ed Telephone. Florido
AUgust 6, 1996
Jim Cart
McAnly Engineering &
$101 Tamiami Trail Eaa
Naples, Florida
Re: Petition to Vacat
Section 4, Townsh
Collier County,
Dear Mr. Cart:
As stated in your lette
description and sketche
objection to your petit
described.
If we can be of any furl
(941) 263-6318.
Sincerely,
Kenneth Jordan
ASsociate Engineer
EASTRIIX;£
Tract A, ~ No. 1
Eastridge Panners, Ltd.
2~28 Coral _Way, Penthouse Suite
Miami, Florida 33145
Tract B, Parcel No. 1
.2_.8'.28 Penr s Suite
Miami, Flodda 33145
Tract R Parcel No. 1
.2_828 ~ Way, Penthouse Suite
~ni, Plodda 33145
Phntation Subdivision, Lot I
Frank & Maria E. Sahzar
237~ Ea~ 'lltmiami Trail
Naples, Florida 33962
Plantation Subdivision, Lot 2
Robert L. & Rebecca L. Pennypacb~r
109 Plantation Circle
Naples, Florida 33942
Plantation Subdivision, Lot 3
Louise $. Derrick
111 Plantation Circle
Naples, Florida 33942
Plantation Subdivision, lot 4
~ Eq_u_iti .es of Naples,Inc.
./
F~:,( .
ooc ZhLs ~uit-£h~m ~, ~.,,-.~,r ,~ /~ .. .rum ,,L o. ,,..?, ~,
I
I '--~nca Avenue ~o~, Su.f. ca 1. I, ~fapL~,,~.~L 33.<~,0
.=.
· ,- ~ ...,--..,~,.,..~. ~-,'~, ~ ..~-.r, ~-.'=7...,,~.':_~_~..7.,~
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,,ese 1,/2 o£ %/ese "-/2 uE ~orchve. c 1.//,, ired, ;~'esC ]./2 0~ ~',tsc ]./2 oF.
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HAR 2 ~
,~.
I certify from lhe records or' this office Ihat EASTRIDGE PARTNERS, LTD. is ~t
limited partnership organized under the laws ol~ the State oi~ Florida, t'lled on
May 2, t988.
The document number o( this limited partnership is A26349.
I {urther cattily that said Ilmiled partnership has paid all fees due this office
through December 31, 1996, and lis status is active.
Pursuant. to tie levi
l, /vl&e at the
2, Office £or
~ k~t, ~t r~u/red I
La 1020 ~lghth Avenue I
~. A~ent
the FarcnerehLp
/tephen ~o~rt Th~eon,
~lgth Avenue foutll,
4. ~nerai
GeMral Partner In the LJ
Carl ~. ~ernstro~
$' Address of Per~.~ert
Partnership is 1020 EIgAt.~
4. Date et DLstolutlof
Partfl~rshfp it to dissolve
7. Itfectlve Date.
ahd the Limited Partnerehll
Xdplei, r:qr/ds
The undermiqned, vho are all the Oinersi Psr~rm of'
rJatridge pmrtners, Ltd., declare that khe cipttai contributions'
of ail the Limited Partners iff the Partnership are aa fo~avat
I. The Limited Partners have made capital contributions In
the [ollovlflq &mOufltll
Ms~e o( Li~Lted Pirtner A~ouflt o! Contribution .
Oav~d L. Irooke, TFUlCEe
Self OeclArscion of Trues
did, 4/10/71
Don X. Peele
Conltancff ~. rerril, Trustee
dtd,
~thany A. Hayer, Trust Il
did. 7/IS/I?
Coni~ance r. retell, Tr~ltee
Aobyn P. ~eyer Trust fl
did, ?/iS/t?
I 16J,?$0
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Hame of LimLtad Partner
David L. Brooke, TruStee
did. 4/10/11
COflltaflCl £. Farril, TrUlttt
I~85 raFFia Family TrVlt
ConStance r. Firril, Trustee
Eric O. ~yer Trus~
Conltince F, rqrrLt, Trultee
Eqthany A. H~y~F Trus% ii
I ]14,2S0
S ]3,62S
I ]J,625
·
HAR 2 5 1997
~obyn P. ~eyer Tr~Ja~ IL
Cart ~. rarrLs
Dated~ Harch ~l
Svorn to and
March ______,
· . ~=,~('::././.~.:'.,; ._<~_ .... ,~_
Yiy Cc~m[ ~ ion
$
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85/26/1994 85:59
4609949
46e9949
P.e2
05/26/1994 05:59
02-19-1997 04: 35PM
4689949
RELATED (~ 0:' FL
'"' I
P~C_~
MAR 2 5 1997
85/26/1994 85:59 4689949 RE~O,~~~ PAGE 84
PERMANENT ADDRESS CHANG(= FORM*
PROPERTY ~D~ ~ Z'?_ o t
NAME ~'~t~"T ~.~~
ADDRESS ~
crrY ~ STATE
THL~ HUMBER APPEAR8 JU$'r BELOW THE PiNK AREA OF YOUR Bill
'ziP CODE '~'~ ~ u~;
SIGNATU R E ~~~.~~~~_~
'""' NOI1CE: ~ CO~,.~IR ~UNI'f ARF. A ~ CO~I 'WI.L, IF. O~AI'~E~,I.D ~ ~ 1Ir/TAX IROLE. NOTIF'JCATION
PERMANENT ADDRESS CHANGE FORM
PROPERTY ID# ~
THIS NUMBER APPEAR8 JUST BELOW THE PINK AREA OF YOUR ~,ILL
NAME
ADDRESS --
CITY ~~J~~STATE ~ __ZIP CODE '~iH ¢~
SIGNATUR E..~~~~_~~~
~9
BOARD OF
COUNTY COMMISSIONERS
COLUER COUNTY
NAPLES, FLORIDA 33962
RECEIVED FR ~1~~~~~~~
ADDR ESSJ ~ ~~~~ CITY ~~--~
DATE~, 19 ~-~ CHECK"O. ~,.~X3 .
INVOICE NO.
RECOMMENDATION TO ADOPT AN ORDINANCE TO REPEAL AND
SUPERSEDE COLLIER COUNTY ORDINANCE NO. 88-90, AS AMENDED,
AND HEREBY ESTABLISH THE COUNTY'S NEW POLICY CONCERNING
TELECOMMUNICATION PROVIDERS AND SERVICES; ALSO TO PROVIDE
FOR THE REGULATION OF TELECOMMUNICATION COMPANIES USE OF
THE PUBLIC RIGHTS-OF-WAYS WITHIN THE UNINCORPORATED 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 OF ORDINANCE
NO. 88-90, AS AMENDED; CONFLICT AND SEVERABILITY; INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
~I~.,_C..~I_'~: That the Board of County Commissioners adopt a
Telecommunications Ordinance that provides for the regulation of
Telecommunication Companies that utilize the public rights-of-way in
unincorporated Collier County, and stipulates the registration of all
Telecommunication Companies doing business in the County.
~: The Ordinance was developed after much study
and examination of ordinances being adopted throughout the country. It
was put together with input from staff and our consultant, 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 staff in 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 coml~~~~"~
business in the County. Furthermore, since at least three
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 concerning 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 Men'iR
Franchise Administration Manager
DATE: 3-1~-q7
REVIEWED BY:
Michael A. McNees
Interim County Manager
DATE:
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Ordinance No. 97 -
TELECOMMUNICATIONS STANDARDS ORDXNANCE
SECTION 1: GENERAL PROVISIONS
Section 1.1: Purpose 1
Section 1.2: Definitions 2
Section 1.3: Registration
Section 1.4: Telecommunications License
Section 1.$: Telecommunications Franchise
Section 1.6: C. ablc Tclevision Franchise 5
Section 1.7: Application to Existing Franchises & Alp'cements 5
Section 1.8: Penalti~ 5
Section 1.9: Other Remedies 6
Section 1.10: Severability 6
SECTION 2: REGISTRATION OF TELECOMMUNICATIONS
CARRIERS AND PROVIDERS
6
Section 2.1: Registration Required 6
Section 2.2: Registration Fee 7
Section 2.3: Purpose of Registration 7
SECTION 3: TELECOMMUNICATIONS LICENSE
7
Section 3.1: Telecommunications License 7
Section 3.2: License Application 7
Section 3.3: Determination by the County 9
Section 3.4: Agrcerncnt I0
Section 3.5: Nonexclusive Grant 10
Section 3.6: No Rights Granted
Section 3.7: Term of Grant
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Section 3.8:
Section 3.9:
Section 3.10:
Section 3.11:
S~tion 3.12:
Section 3.13:
Section 3.14:
Section 3.15:
Section 3.16:
License Route
Location of Facilities
Construction Permits
Compenmion to County
Servi~ to County U~r~
Amendment of Grmt
Obligation to Cur~ ~ ~ Condition of Ren~,~l
SECTION 4: TELECOMMUNICATIONS FRANCHISE
This Section is Reserved.
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. I O:
SectionS.Il:
Section 5.12:
Section 5.13:
Section 5.14:
Section 5.15:
C~tble Television Franchise
Franchise Application
Determination by the County
Agr~ment
Nonexclusive Grant
Term of Grant
No Rights Granted
Franchise Territory
Location of Facilities
Cable Television Franchis~ Fees
Nondiscrimination
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Section 5.16:
Section 5.17:
Section 5.18:
Section 5.19:
Section 5.20:
Section 5.21:
Resources for Public Purposes, I-Ncr & PEG
Access
Emergency Alert Ovcrride
Amendment of Grant
Renewal Applications
Obligation to Cure u 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:
Section 6.12:
Section 6.13:
Section 6.14:
Application and Review Fee
Other County Costs
Reserved Compensation for Public Ways
Compensation for County Property
Co~on Permit Fee
Annual ROW Use Fees
Teleconununicafion Fees
Cable Fees
Regulatory Fees and Compensation Not a Tax
Report ~md Auditing
Books m~d Records
Late Paymem 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:
Loca~on of Facilities
Compliance with One-Call Utility Location
Cot~struction Permits
Inter~cr~nce with thc Public Ways
Damage to Property
Notice of Work
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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 7.15:
Section 7.16:
Section 7.17:
Section 7.1 $:
Section 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:
Rrpair ~nd Emergency Work
Maint~ce of Faciliti~
R¢loc~on or Rcraoval of Faciliti~
l~mov~l of Un~u~ Faciliti~
F.m~,y R~ov~l or R~location of F~'iHti~
Damage to Grantee's Facilifi~
~on of Public Way~ Other Way~
Faciliti~. ~
Dray to Provide Information
C.~n~ Indemnification
P~rformance and Construction Surly
Secm'ity Fund
R~m~li~-Liquidat~! Damagm
Coordination of Con.,~ruction Acfivifi~
A~signm~nt~ or Tr~zfcr~ of Gr~nt
Transactions Affecting Control of Gr~nt
R~ocafion or T~'mination of Grant
Notic~ nd Dray to Cur~
He~ring
Standard~ for R~oc~ion or ~ Sanction~
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:
Construction Codes
Con~-uction Permits
Applic. ttiom
Engineer's Ccrfifi~on
Trgfic Control Phn
Insuran~ of P~mit
ConsU'uction Sc~odul~
Complian~ with Pexmit
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Section 8.10: Displayofl
Section 8.1 I: Survey oft
Section 8.12: Non-compl~
Sect/on 8.13: Completion
Section 8.14: As-Built
Section 8.I$: Restoration,
Section 8.16: Landscape
Section 8.17: ¢onstructio~
Section 8.18: Exceptions
Section 8.19: Responsibili!
SECTION 9: PERIODIC EVAL[
MODIFICATION.
Section 9.1:
Section 9.2:
Section 9.3:
Section 9.4:
Section 9.5:
Section 9.6:
Modification
Public Hem.iai
The Negoti~c
Mediation
Contract Am~
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ORDINANCE NO. 9%
TELECOMMUNICATIONS STANDARDS ORDINANCF.
AN ORDINANCE OF THE COUNTY OF COLLIER, 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 Commissioners 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 Board desires to enact this Ordinance to repeal and supersede Ordinance
No. 88-90, and expand the provisions to include all tek>':.ommunications.
NOW, THEREFORE, BE 1T 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 superr, edcs 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 herdn is to:
AGENO/~ IT~,I ,~
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1.1.1: Establish the County's policy concerning telecommunication providers and
services;
1.1.2:
Establish guidelines, standards end time frames for thc exercise of the County's
authority with respect to the regulation of telecommunication providers and
services;.
1.1.3: Promote competition in telecommunications in the County;,
1.1.4: Minimize urmeccasary County regulation of telecommunications providers and
services;
1.1.5:
Encourage the provision of ndvenced and competitive telecommunications
services on the widest possible basis to thc businesses, institutions and residents
of the County;
1.1.6: Permit and manage reasonable access to the public ways of thc County for
telecommunications purposes on a competitively neutral basis;
1.1.7: Conserve thc limited physical capacity of thc public ways held in public trust by
1.1.8:
Assure that the County's current and ongoing costs of granting and regulating
private access to and use of the public ways are fully paid for by the persons and
entities seeking and using such access and causing such costs;
1.1.9: Secure fair and reasonable compensation to thc County and thc residents of thc
County for permitting private use of the public ways in he CountT,
1.1.10: Assure that all telecommunications carriers providing facilities or services within
the County comply with the County's ordinances, roles and regulations;
1.1.11: Assure that the County can continue to fairly and responsibly 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 herein, and the interpr~ttion and
enforcement thereof, the following words and phrases shall have the following meanings unless
thc context of the sentence in which the word is used indicates otherwise:
"Cable Act" means thc Cable Communications Policy Act of 1984, 47 U.S.C. §532, ct
seq., as now and hereafter amended.
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"Cable Operator" means a telecommunications carrier providing or offering to provide
"cable service" within the County ns that term is defined in the Cable Act.
"Cable Service" has thc same meaning as in thc Cable Act.
"County Authorities" means the Board of Collier County 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 stre~ and utility easements as those terms a~ 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, handholc
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 thc Federal administrative
agency, or its lawful successor in function, authorized to regulate and oversee
telecommunications 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.
"Gnmtee" 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.
"Herein" means within this Ordinance.
"Other Ways" means the highways, streets, alleys, utility easements and/or other fights-
of-way within the County, but under the jurisdiction and control of a governmental entity other
than the County, including all dependent agencies of the County.
"Overhead Facilities" means utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the underground supports and
foundations for such above-ground facilities.
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"Person" includes corporatior
associations, firms, pa."mersMps, limit,
lessors, trustees, receivers and other aui
"Public Street" means any high,
used for motor veMcle travel and under
and/or interests have been acquired, c~
inconsistent with telecommunications fi
"Public Way or Right of Way ~
those words are defined herein, now or
the County's fight, title, interest and/or a
the ROW for telecommunications faeilir.
"State" means Florida.
"Surplus Pole Space" means that
the necessary clearance from other pole
FCC, to allow its use by a telecommunic:
"Telecommunications Carrier" me
owns, controls, operates or manages plan
be used for the purpose of offering telecot
"Telecommunications Facilities" n
limited to, cables, wires, conduits, ducts, 1:
used or planned to be used to tr
telecommunications service(s).
"Telecommunications Provider"
telecommunications service over teleco:
management control of the facilities.
"Telecommttttications Service" me~
in exchange for other value received, of ~,
ProlWamming infom~on between or a
microwave, radio, satellite or substantially
transm~ion medium.
"Telecommunications System" See *
"Underground Facilities- means uti]
the surface of the ground, excluding the ~
Facilities.
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"Usable Space" means the to
possible a~chment point that p ·
the orders and regulations ofthe~
"Utility Easement- means anD
dedicated, devoted or used for public
facilities.
"Utility Facilities" means plan
poles, pipes, mains, conduits, ducts,
above the surface of the ground withh
the purpose of providing utility or tele~
Section 1.3: Registration:
telecommunications carriers and/or pre
or furnishing of telecommm.fications
Section 1.4: Telecommunicali
telecommunications carrier that desire
locate or relocate any telecommtmicatic
the County for the purpose of provid/~
within the unincorporated County shall t
fi'om the County pta'suant to Section
Section 1.5: Telecommunicatic
Section 1.6: Cable Television '
telecommunications carrier that desire
telecommunications facilities in any publ~
service to persons in the County shall firs
in Section 5 her~n.
Section 1.7: Application to ~
have no effect on any existing franchise or
1.7.1:
1.7.2:
the ex'p/rat/on of said fianch
an amendment to an une:q
parties agree to defer full
respective agreement's prese
Section 1.8: Penalties: Any pets
neglecting or refusing to comply with any at
one hundred dollars (SI00.00} nor more th~
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separate and distinct offense may I
or continues.
Section 1.9: Other Reme~
remedies the County may then hav,
are contained in Section 1-6 of the 4
provided by l~orida law.
SECTION 2:
REGISTRA'I
PROVID~
Section 2.1: Registration 1
effective date of this Ordinance (unl,
the County's Franchise Administ~,
providers that offer or provide any
within the County, or whose facii
pursuant to this Section 2. Regis
Franchise Administrator, which form
2.1.1: The identity and legal
2.1.2: The name, address a
responsible for the acc
2.1.3: A description of regi:
within the County.
2.1.4: A description of the tel
to provide, or is curren~
2.1.5: Information sufficient
licen~g or fi'anchisini
2.1.6:
Information sufficient
receipt of the telecom~
registrant constitutes
telecommunications tax
the County.
2.1.7: Information sufficient tx
any certificate of author
provide telecommunicat
2.1.8: Information sufficient t~
any con.m'ucfion permil
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Federal Communications Commission to provide telecommunications services or
facilities within thc County.
2.1.9: Such other information as the County Franchise Administrator may reasonably
require.
Section 2.2: Registration Fee: Each application for r~gistration as a
telecommunications carrier or provider shall be accompanied by a twenty-five dollar ($25.00)
fee.
Section 2.3: Purpose of Registration: The purpose of registration under Section 2 is to:
2.3.1:
Provide the County with accurate and current information concerning the
telecommunications carriers and providers who offer or provide
telecommunications services within the County, or that own or operate
telecommunication facilities within the County;
2.3.2: Assist the County in enforcement of this Ordinance;
2.3.3: Assist the County in the collection and enforcement of any taxes, franchise fees,
liccr~ fees or other charges that may be due the County,
2.3.4: Assist thc County in monitoring compliance with Federal, State and local laws,
rules and/or regulations.
SECTION 3: TELECOMMUNICATIONS LICENSE
Section 3.1: Telecommunications Licamse: A telecommunications license shall be
required of any telecommunications cam'ier who desires to occupy specific public way~ of the
County for the purlx)se of providing telecommunications services to persons or areas within thc
incorporated ~ of the Ceunty.
Section 3.2: License Application: Any person that desires a teleeonmmnications
license pursuant to this Section 3 shall file an application with the County which shall include thc
following information:
3.2.1: The identity of the license applicant, including all aftilia!~ of the applicant.
3.2.2: A description of the telecommunications service that are 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 such telecommunication services. _
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3.2.4:
3.2.5:
3.2.6:
3.2.7:
3.2.8:
3.2.9:
Preliminary engine~
to be located within
a. the locatic
tclecommuni
b. the ]ocatior
telecommuni,
public way al
the locationO
facilities ofol
the sp~fic tt
any, that app
relocate.
If applicant is proposi
is available for loc~
along the proposed rot
If applicant is proposi
withLu thc public ways
a.
installation ors
b. the excess ~
instalhtion of a
If applicant is propo~
to be constructed withh
a. the location prol
be
instal~on ofT
Acknowledgment that ti
DOT's manual on unifc
including lane closures a
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3.2.10:
3.2.11:
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. This requirement can be waived or
modified by the County's Franchise Administrator if such information is then
current and on file with the County's Franchise Authority.
Information in sufficient detail to establish the applicant's technical qualifications,
experience and expertise ~garding the telecommunications facilities and services
described in the application. This requirement can be waived or modified by thc
Franchise Administrator if such information is then current and on file with the
County's Franchise Authority.
3.2.12:
Information to establish that the applicant has obtained all other governmental
approvals and permits to construct and operate the facilities and to offer or
provide the telecommunications services.
3.2.13: All fees, deposits or charges required pursuant to Section 6 of this 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 r~asons for
the denial.
3.3.1: The financial and technical ability of the applicant.
3.3.2: The legal authority of the applicant.
3.3.3: The capacity of the public ways to accommodate the applicant's proposed
facilities.
3.3.4: The capacity of the public ways to accommodate additional utility and
telecommunications facilities if the license is granted.
3.3.5: The damage or disruption, if any, of public or private facilities, improvements,
service, travel or landscaping ifthe license is granted.
3.3.6: The public inter~ in minimi~ng the cost and disruption of consm~on within
the public ways.
3.3.7:
The service that applicant will provide to the community
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3.3.8: Thc effect, ifeny, on public health, safety end welfare ifthc license is granted.
3.3.9: The availability of alternate mutes end/or locations for the proposed facilities.
3.3.10: Complienec with applicable Federal, State end local telecommunications laws,
rules, regulations and policies.
3.3.11: Such other factors as may demonstrate that the grant to use thc public ways will
serve the community interest.
Section 3.4. Agreement: No license granted hereunder shall be effective until the
applicant and the County have executed a written agreement setting forth the particular terms and
provisions under which the license to occupy and usc public ways of the County will be granted.
The County's Franchise Administrator is hereby delegated full authority to execute each such
agreement on behalf of the County.
Section 3.5. Nonexclusivc Grant: No license granted under this Section shall confer
any exclusive right, privilege, license or franchise.
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 a bare license with no interest
coupled thereto only to use and occupy the public ways for the limited purposes and term
expressly stated in the grant. Fm'ther, no license shall be construed as any warranty oftitle to any
persons or entities.
Section 3.7. Term of Grant: Unless otherwise expressly specified in a license
agreement, a telecommunications license granted hereunder shall be in effect for a term of five
(5) years from its effective date.
Section 3.8. License Route: A telecommunications license granted under this Section
shall be limited to a grant of the specifically identified public ways and defined portions thereof.
Section 3.9. Location of Facilities: Unless
respective license agreement, all facilities shall be
accordance with the following terms and conditions:
otherwise expressly specified in the
constructed, installed and located in
3.9. I: Telecommunications facilities shall be installed within an existing underground
duct or conduit whenever ~e,c,~s capacity exists within such utility facility.
3.9.2:
A licensee with permission to install overhead facilities shall install its
tclecommunicatiom facilities on pole attachments to existing utility poles only,
and then only if surplus space is available.
3.9.3:
Whenever any existing electric utilities, cable facilities or telecommunications
facilities arc located underground within a public way
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3.9.4:
with permission to occu
telecommunications fao
Whenever any new or
telecommunications facilitie
way of the County, each (~
shall r~locate its facilities m
Franchise Administrator and
designee, each such rcloca
minimize disruption o£ the p
concurrently, then it must t
time, which shall not be later
time is granted by the Count
County's Public Works Dir~
3.9.5: Whenever new telecommunic
ducts, conduits, manholes.,
easement to reasonably acc
facilities, the Grantee shall
manholes and other facil
telecommunications carriers.
Section 3.10: Construction Per~
permits for telecommtmications facilities a~ t
nothing in this Section 3 shall prohibit the (
plan review, i~.mit and construction proccdtt
procodures provide substantially equivalent r~
Section 3.11: Competition to Cot~
subject to the County's right, which is here
reasonable compensation to be paid for the
Ordinance restricts the County and the licer~
the County by that Licensee.
Section 3.12: Service to County Users
telecommunications services to persons or
application for approval pursuant to Section 3-.'
Seetion 3.13: Amendment of Grant:
3.13.1: A new license application and l
carrier that desires to extend o
public way of the County which
granted under this Order, ~
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3.13.2: If ordered by the County to locate or relocate its facilities in any public way not
included in a previously granted license, thc County shall summarily grant a
license amendment without further application.
Section 3.14: Renewal Applications: A Grantee that desires to rencw its license under
this Section 3 shall, not more than one hundred cighty (180) days nor less than ninety (90) days
before expiration of its then current license, file an application with the County for renewal of its
license which application shall include the following:
3.14.1: Information required under Section 3.2 of this Sectk~n.
3.14.2: Any other information required by the license agreement between the County
and the Grantee.
Section3.15: Renewal Determinations: Within ninety (90) days after receiving a
complete application under Section 3.14 herein, the Franchise Admini~i~tor shall issue a written
determination granting or denying the renewal application in whole or in part, applying the
following standards. If the renewal application is denied, the written determination shall include
the reasons for non-renewal.
3.15.1: The financial and technical ability ofthe applicant.
3.15.2: The legal authority of the applicant.
3.15.3: The continuing capacity of the public ways to accommodate the applicant's
existing facilities.
3.15.4: Thc applicant's compliance with the requirements herein and thc license
agreement.
3.15.5: Applicable Federal, State and local telecommunications laws, roles, and
regulations.
3.15.6: Such other factors as may demonslrate whether the continued grant to use the
public ways will serve the c~nununity interest.
Section 3.16: Obligation to Cure As a Condition of Renewal: No license shall be
renewed until all ongoing violations or defaults in the licen.s~'s performance of the license
agreement, or of the 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.
SECTION 4: TELECOMMUNICATIONS FRANCHISE This Section is Reserved.
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SECTION 5: CABLE TELEVISION FRANCHISE
Section 5.1: Cable Television Franchise: A cable television franchise shall be required
of any cable television operator who desires to occupy any public way of thc County to provide
any cable television service to any person or entity in thc unincorporated area of thc County.
Section 5.2: Franchise Application: Any person that desires a cable television
franchise pursuant to this Section 5 shall file an application with the County which shall include
the following information:
5.2.1: Thc identity of thc fxanchisc applicant, including all affiliates of the applicant.
5.2.2:
A description of thc 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 thc transmission media that will bc used by thc 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:
ao
the location end route requested for applicant's proposed
telecommunications facilities.
thc location of all overhead and underground public utility,
telecommunication, cable, water, mcr drainage and other facilities in the
public way along the proposed route.
thc location(s), if any, for interconnection with telecommunications
facilities of other providers or PEG access facilities.
the specific trees, structures, improvements, facilities and obstructions, if
any, that applicant proposes to temporarily or permanently remove or
relocate.
5.2.5:
If applicant is pwposing 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 or conduits before
installation of applicant's telecommunications facilities;
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5.2.7:
5.2.8:
5.2.9:
5.2.10:
5.2.11:
bJ
the excess capacity, if any, that will exist in such ducts or conduits after
installation of applicant's telecommunications facilities.
If applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public ways:
n. thc location proposed for thc new ducts or conduits;
b. thc excess capacity that will exist in such ducts or conduits after
install~on of applicant's telecommunication facilities.
5.2.12:
5.2.13:
A preliminary construction schedule, including estimated completion dates.
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 waived by the County's Franchise Administrator, Financial statements
prepared in accordance with generally accepted accounting principles
demonstrating the applicanfs 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 has obtained all other governmental
approvals and permits to construct and operate the facilities and to offer or
pwvide the telecommunications services.
Whether or not the applicant intends to provide cable service, open video
service or other video programming service, and sufficient information to
determine whether such service is subject to cable franchising.
5.2.14: An accurate map showing the location of all existing cable tel~ei~ion facilities
in the County that applicant intends to use or l~.se.
5.2.15:
A description of the services or facilities that thc applicant will offer or make
available to thc County and other public, educational and governmental
institutions.
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5.2.16: A description of applicant's access and line extension policies. These policies
shall conform to the provisions contained within Section 5.9 herein.
5.2.17: Thc area or me, as of the County the applicant desires to serve and a schedule for
build-out to the entire franchise area.
5.2.18: All fees, deposits or charges required pursuant to Section 6 her,~n.
5.2.19: Such other and further information as may be reasonably requested by the
County's Franchise Administrator.
Section 5.3: Decision by the County: Within one hundred fifty (150) days after
receiving a complete application under Section 5.2 herein, thc Franchise Administrator shall
issue a written determination granting or denying the application in whole or in part, applying the
following standards. If the application is denied, the written determination shall include the
reasons for denial.
5.3.1: The financial and technical ability of the applicant.
5.3.2: The legal authority of the applicant.
5.3.3: The capacity 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 fi'anchise is granted.
5.3.6:
Thc public interest in minimizing the cost and disruption of con.s~ction 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 teleconununications laws, roles, and
regulations.
5.3.11:
Such other factors as may demonstrate whether the grant
will serve the community interest.
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Section 5.4: Agreement: No franchise shall be granted hereunder unless thc applicant
and thc County have executed a written agreernent settins forth the particular terms and
provisions under which the franchise to occupy and usc public ways of the County will be
granted. Thc Franchise Administrator is hereby granted full authority to execute such
agreements on behalf of thc County.
Section :5.5: Noncxclusivc C. rant: No franchise gnmted under this Section shall confer
any exclusive right, privilege, license or ~mchise.
Section :5.6: Term of Grant: Unless otherwise expressly specified in a franchise
agreement, a cable television franchise granted hereunder shall be valid for a term of ten (10)
years from its effective date.
Section :5.7: No Rights Granted: No franchise granted under this Section sludi convey
any right, title or interest in the public ways, but shall be deemed a franchise only to use and
occupy the public ways for thc limited purposes and term stated in the grant. Further, no
franchise shall be construed as any warranty oftitlc to any person or entity.
Section :5.8: Franchise Territory: A cable television franchise granted under this
Section shall be limited to the geographic area of the County to be served by the franchise
Grantee, and thc specific public ways neccssary to serve such areas. The cable television
Grantee shall not exclude from its services any high-cost (per customer) srea, any rural location,
or any person based on that person's income.
Section:5.9: ~on of Facilities: Unless otherwise specified in a franchise
agreement, all facilities shall be constructed, installed and located in accordance with the
following terms and conditions:
5.9.1:
The County, at its sole discretion, may require at not cost to the County the
Grantee to locate and identify its cable television facilitie~ within the public
fights-of-way.
5.9.2: The County reserves the right, upon reasonable notice, to require
the Grantee at its expense *~ protect, support, temporarily disconnect, relocate or
remove from thc County's street any property of the Grantee by reason of tral~c
conditions, public safety, street construction, real or planned excavation, change
or establishment of street grade,, installation or planned installation of sewers,
drains, water pipes, power and/or communication lines, tracts, or other types of
structure or im?rovcmcnts by governmental agencies or any other structures
proposed for public improvcmenL Reasonable notice for ~i__, provision means
at least nincty (90) days, except in thc case of emergencies where no specific
notice period shall be required. Thc County shall endeavor to notify and seek
comment from the Grantee with respect to minimizing di~ ~n,~ to the Cable
System, where public works projects may affect the Grantee cab~,~~~
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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 shall install its
telecommunications facilities on pole attachments to existing utility poles only,
and then only if surplus pole space is then available to that franchisee.
Whenever any existing electric utility, cable facility or telecommunications
facility is located underground within a public way of the County, a franchisee
with permission to occupy the same public way must locate its cable television
facilities underground at no cost to the County.
Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within 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 Works Administrator or his/her
designee, each such relocation underground must be made concurrently to
minimize disruption of the public ways. If the existing Grantee does not relocate
concurrently, then it must relocate underground within a reasonable period of
time, which shall not be later than the end of the grant term unless an extension of
time is granted by the County's Franchise Administrator with eoncurranee by the
County's Public Works Director.
Whenever a public way exists to accommodate the Grantee's system, the Grantee
shall not locate its facilities offthc public right of way and shall make every effort
to locate its telecommunications facilities within the public why before seeking
private easements within the County. The Grantee, at no cost to the County ofthc
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 ~nd maintenance of sewer and/or
water mains, lines or c,~,.-mections. 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 on~ .-0) year from ~
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completion of thc job, readjust, fill and finish the same as may be necessary due to
settling of thc earth associated with thc Grantee's disruption of the public way.
5.9.10: Whenever new telecommunications facilities will exhaust the capacity of existing
duets, conduits, manholes and other facilities within a public street or utility
easement to reasonably accommodate future telecommunications carders or
facilities, the Grantee shall at that time provide additional duets, conduits,
manholes and other facilities for nondiscriminatory access to future
telecommunications carriers.
5.9.11: The Grantee shall adhere to all Federal, State and local laws, rules and regulations
regarding thc location, construction, and maintenance of its telecommunications
facilities within the public fight-of-way.
Section 5.10: Construction Permits: Ail franchisees arc required to obtain construction
permits for telecommunications facilities as required in Section 8 herein provided, however, that
nothing in this Ordinance shall prohibit thc County and a franchisee from agreeing to alternative
plan review, permit and construction procedures in their franchise agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible construction
practices.
Section 5.11: Compensation to County: Each franchise granted under this Section is
subject to thc County's fight, which is hereby expressly reserved, to annually fix a fair and
reasonable compensation to be paid for the fights granted to thc franchisee; 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 Fees: The Grantee shall pay thc County
throughout thc term of the franchise, as compensation, an annual fi-anchise fcc of five percent
(5%) of thc Grantee's gross revenues, unless otherwise expre~ly provided otherwise in the
franchise agreement.
5.12.1: All payments of franchise fees shall be duc and payable quarterly by April 30,
July 31, October 31 and January 31 for the preceding three (3) month period
ending respectively on March 31, June 30, September 30 and December 31.
Franchise fee payments ~hal! be accompanied by a report itemizing and setting
forth thc revenues/receipts and showing thc calculation of the correct payment
for thc preced~g quarterly period.
5.12.2
Gross revenues mean all revenue received by the Grantee arising from or
attributable to thc sale of cable services provided by C-mntee 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, rcconnection up/down grade fees for the provision of
Cable Service; leased access fees, late fees; bad debt icc
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Service fees; receipts for service and/or rentals; also advertising revenues
attributed to the operation of the Cable System and video or audio program
services; also leased channel fees; video and/or audio program service
equipment rentals; also advertising revenue received by Grantee from video or
audio program services; also revenues received by Grantee 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 revenues shall not include any of the following: converter or other
equipment deposits, bad debts, franchise fees, FCC regulatory charges, any
sales, excise or any other taxes collected by Grantee on behalf of any state, city,
county or other governmental unit; refunds to subscribers by Grantee; sales type
commissions actually paid to others; reimbursement for expenses (including
returned 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 um'~lated
third parties not under control of Grantee, 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
revenues.
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.
Section 5.15: Interconnection: For the purpose of and to the extent required to
accomplish tnmsporting 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's 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 means.
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5.15.1:
Upon receiving a directive from the County's Franchise Administrator to
interconnect, the Grantee~ shall immediately initiate negotiations with the other
affected system(s) in order that all costs may be shared equitably among the
Grantees for both construction and operation of the interconnection link. Such
interconnection shall be made within the time limits as established by the
County's Franchise Administrator
5.15.3:
The Grantees may be accorded reasonable extensions of the time to
interconnect, or the County may rescind its order to interconnect upon petition
by one or more Grantees to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Grantees, or the cost of interconnection would
necessazily cause an unreasonable or unacceptable increase in subscriber rates.
5.15.4:
The Grantees shall cooperate with any interconnection corporation, regional
interconnection authority or local, State and/or Federal regulatory agency
established for the purpose of regulating, financing, or otherwise providing for
the interconnection of cable systems beyond the boundaries of the County.
Further, the Grantees shall cooperate with other telecommunications operators
to standardize the number of channels likely to be interconnected; also to
establish a uniform fi'equency or channel assignment plan that would permit the
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 as an Institutional Network (I-Net) and
shall be reserved for use by the County in a manner consistent with Federal and State laws, roles
and regulations.
5.16.1:
The County, at its sole discretion, may either:. (a) purchase at the marginal
construction cost, or Co) lease at the marginal operating cost, any portion of such
I-Net capacity excluding PEG channel signal carriage. I-Net cahoacity acquired
by the County pursuant to this provision shall not be sold 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:
Upon reasonable notice the Grantee shall extend, without cost to the County of
the State, the I-Net to my public building locked within Gnntee's cable system
service area that is also located two hundred fifty feet (250') or less from the
nearest possible interconnection with that Grantee's telecommunication system.
5.16.3:
The Grantee shall cooperate with the County in the d oancl ~elcction
components necessary to implement its application and,
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furnish terminal equipment at Grantee's cost and Co) manage the tags and
authorizations of said equipment at no cost to thc County.
5.16.4:
The Grantee, upon presenting to the County a right of first refusal, may use such
capacity reserved under this Section for its own purposes. Thc Grantee shall
give thc County not less than ninety (90) days advance written notice of its
intent to exercise its right under Section 5. ! 6.
5.16.5:
Agreements regarding use of thc I-Net is subject to all local, State, and Federal
laws applicable thereto. To the greatest extent permitted by law, the County
agrees to indemnify and hold harmless the Grantee from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable attorney's
fees and costs directly related to the material under the County or other public
agency user control carried on the I-Net, including and not limited to copyright
infringement, 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 the
franchise. (3nc (1) upstream channel shall be reserved as a PEG access return
feed when and where available. The PEG provider shall furnish the siEnal
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 thc required up/down stream activation.
5.16.9:
PEG access signal transportation on the Grantee's cable system or
interconnection 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, the 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 (EAS) pursuant to the then current FCC's roles and with the then current
Florida Emergency Alert System Plan. The County's Public Safety Communication Center shall
be provided with access to the system so that the Center can commtmd
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and alerts to residents of the County. The emergency alert system shall be activated by thc
Grantee pursuant to the rules as then promulgated by the Florida Emergency Alert System Plan.
Section 5.18: Amendment of Grant:
5.18.1:
A new franchise application and grant shall be required of any
telecommunication operator that desires to extend its franchise territory or to
locate its cable television facilities in public ways of the County which are not
expressly included in a fi'anchise previously granted under this Chapter or under
Ordinance no. 88-90, as amended.
5.18.2:
If ordered by the County to locate or relocate its telecommunication facilities in
public ways not included in a previously granted fi'anchise, the County shall
grant a fi'anchise amendment without further application to facilitate such
ordered changes.
Section 5.19: Renewal Applications: A Grantee that desires to renew its franchise under
this Section shall, not more than thirty-six (36) months before expiration of its current franchise,
file an application with the County for renewal of its fi'anchise which application shall include
the following information:
5.19.1: The information required by Section 5.2 herein.
5.19.2: Any additional information, if any, that is required by the franchise agreement
between thc 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 renewal application in whole or in part, applying
the following standards. If the renewal application is denied, the written determination shall
include the reasons for non-renewal.
5.20.1: The financial and technical ability of the applicant.
5.20.2: The legal authority of the 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 fxanchise
agreement.
5.20.5:
Applicable Federal, State and local telecommunications laws, rules and policies.
AGENO/~, IT,~.I~ ,'~
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5.20.6: Such other factors as may demonstrate whether the continued grant to use the
public ways will serve the community interest.
Section 5.21: Obligation to Cure As a Condition of Renewal: No franchise shall be
renewed until ali ongoing violations or defaults in the grantee's performance of the franchise
agreement, or of the requirements in this Ordinance, have been cured, or a plan detailing the
corrective action that will be taken by the Grantee has been approved in writing by the County's
Franchise Administrator.
SECTION 6: FEES, COMPENSATION AND REVIEW
Section 6.1: Purpose: Subject to limitations now or hereafter imposed by State and/or
Federal law, it is the purpose ofthis Section to provide for the payment and recovery of all direct
and indirect costs and expenses of the County related to the enforcement and/or administration of
this Ordinance.
Section 6.2: Application and Review Fee:
6.2.1:
Any applicant for a license or franchise pursuant to Article 3, 4 or 5 herein shall
pay a fee often thousand dollars ($10,000).
6.2.2:
6.2.3:
The application and review fee shall be deposited with the County as part of thc
application filed pursuant to Section 3, 4 or 5 in this Ordinance.
An applicant whose license or franchise application has 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 ($5,000); and less
all ascertainable costs and expenses incurred by the County in connection
with that application.
Section 6.3: Other County Co:,~: 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, amendment,
renewal or transfer of thc license or franchise or any license or franchise agreemenL
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 Grantee. Nothing in this
Ordinance shall prohibit the County and thc Grantee from agreeing to the compensation to be
paid to the County. --
AGENDAr I'gEM .~I
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I Section 6.5: Compensat:
2 license, franchise or other mannc
3 telecommunications facilities, the
4 Resolution of the Board of County
Section 6.6: Constructior
permittee shall pay a permit fee
Resolution No. 96-594, as may be
and/or Ordinance that performs the
Section 6.7: Annual ROI;
respective license or franchise gran
annual use fee to the County equal
inches (3") in diameter;, seventy five
(3") inches but less than six inche
facilities greater than six (6") inches
one dollar twenty, five cents ($1.25)
diameter but less than twelve (12") h
direct and ind/rect costs and
supervising the use and/or occupancy
any, exceeding twelve (12") inches h
County Commissioners by Resolutio~
on the anniversary of the respective
Ordinance to install additional capa
capacity shall be exempt bom any A
placed into actual use; see, for one exat
Section'6.8: Telecommunicat
to the franchise fees, payments and cost
Sect/on 6.9: Cable Fees: Cai
fees, payments and costs provided in
Grantees is for the right to construct and
way and is hq lieu ora ROW use fee.
Section 6.10: Regulatory Fees a
costs provided/'or in this Section 6, and
provided for hq Sect/on 6.4 of this Sect
Federal, State, local taxes as may
telecommunicatious carrier or provider, it
del/very, or transmission of telecommtmj
otherwise by Federal or State statute(s).
Section 6. I I: Report and Auditin8
statement within ninety (90) days of the
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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 for that immediately
preceding calendar year. Upon ten (I0) days prior written notice to the Grantee, thc Count), shall
have the right to conduct an independent audit of Grantee's records. If, after resolving any
dispute arising from such audit, Grantee has made a fnmchise fee underpayment of three percent
(3%) or more, thc Grantee shall be responsible to pay all reasonable costs of such audit and
promptly remit payment for same to the County. If thc under payment is less than three percent
(3%), the County shall bear all of its costs associated with that audit.
Section6.12: Books and Records: The Grantee's books and records concerning its
Gross Revenues and its calculation of payments to the County, shall be available for inspection
by appropriate Staff of the County, or their designees, at reasonable times to determine the
amount of compensation due to the County from Grantee under the fi'anchise. Such records shall
be kept by the Grantee so as to clearly and accurately show same. Without cost to the County,
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 the County may deem reasonably appropriate.
Section 6.13: Late Payment Penalty: If Grantee makes an underpayment and/or fails to
make any payment on or before the date that it is due, Grantee shall pay interest at a rate of one
percent (1%) per month on ali 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 thc 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, installed and
located in accordance with the following te,,is 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. -
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7.1.3:
7.1.4:
A Grantee with pc
telecommunications
and then only ifsurph
Whenever any existir
facilities ar~ located
with permission to
telecommunications fa
7.1.5:
Whenever any new
telecommunications fa~
way of the County,
shall relocate its faciliti
extraordinary circum~
FrancMse Administrato
designee, each such r
minimize dis~'ption
concmr~tly, then it m
time, which shall not be
time is granted by the C
County's Public Works I
7.1.6:
Whenever new teleconur
street or utility easement
the Grantee shall provide
for nondiscriminatory acc
exempt from any Annual
into use.
Section 7.2: Compliance with
Grantees d~alL before commencing any,
location regulations of the Sunshine State
Section 7.3: Construction Perm~
obtain conmuction permits for ~leco~
However, nothing in this Ordinance
alternative plan review, permit and constr
provided such alternative procedures
construction practices.
Section 7.4: Interference with th~
locate or maintain its telecommunications f
any public way by the County, by the pubt
be present in or upon that public way.
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temporarily or permanently, as d(
County's Franchise Admi~strator.
Section 7.5: Damage to ~
acting on a grantee's behalf shall tal
may impair or damage any tangible
Way, or other tangible property ]oca
Section 7.6: Notice of Wo
franchise agreement, no license or
behalf; shall commence any non-em
any Other Way without giving at Ie~
Section 7.7: Repair and ~
emergency, a Grantee may commenc
under those circumstances, provided
before such repair or emergency wor~
possible.
Section 7.8: Mainteaance ol
maintain its facilities in good and.
applicable Federal, State and/or local I
Section 7.9: Relocation or ~
written notice fn)m the County, a
temporarily or permanently r~mov
telecommunications or other facilities.
authorities shall have determined that s~
necessaz7 to accommodate:
7.9.1:
The construction, r.-pa
public improvement in
7.9.2: The operations ofthe C
Section 7.10: Removal of Una~
written notice fi'om the County, any Cn
owns, controls or maintains any unaufl
appurtenances within any public way(s)
facilities or appurtenances from each su
system or any other facility is unauthori
circumstances:
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7.10.1: Upon expiration or termination of the grantee's telecommunications license or
franchise.
7.10.2: Upon abandonment witl~n the public way of the County.
7.10.3: If the system or facility was constructed or installed without the prior grant of
the required telecommunications license, fi'anchise and/or permit.
7.10.4: If the system or facility was constructed or installed without thc prior issuance
of a required construction permit or other permit for same.
7.10.5: If the system or facility was constructed or installed at a location not permitted
by the grantee's telecommunications license or franchise, and permits.
Section 7. I 1: Emergency Removal or Relocation of Facilities: The County retains all
fights to cut or move any telecommunications facilities located within any public way of the
County as the County then determines to be appropriate in response to any public health or safety
emergency.
Section 7.12: Damagc to Grantee's Facilities: Unless directly and pwximately caused
by willful, intentional tort or malicious act by the County, the County shall not be liable for any
damage to or loss of any telecommunications facility within each and every the public way(s) of
the County as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, and/or any other work of any kind in the public ways
by or on behalf of the County.
Section
7.13.1:
7.13.2:
7.13.3'
7.13: Restoration of Public Ways, Other Ways and other County Property:
When a license or franchise Grantee, or any person acting on its behalf, does
any work in or affecting any Public Way, Other Way or other tangible County
Pwpcrty, it shall, at its own expense, pwmpfly remove any obstructions
therefrom and restore each such way(s) and/or tangible County property to as
good a condition as existed before the work was undcrtaken, unless otherwise
directed by the County.
If weather or other conditions do not permit the complete restor~on required by
this Section 7.13, the Grantee shall, if requested by the County, temporm-ily
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 promptly
undertake and complete the required permanent restonttion when the weather
and other physical conditions no longer prevent that pernument restoration.
A Grantee or other person acting in its behalf shall use suitable barricades, flags,
flagmen, lights, flares and other measures as required for the safety of the
public to prevent injury or physical damage to any person, vehicle or tangible
property by reason of such work in or affecting
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Section 7.14: Faciliti~
County with aa accurate map d
within each public way. Wit~
aunually with updated maps.
calendar year no changes arc m.-
Section 7.15: Duty to F
from the County's Franchise
infomuttion sufficient to demons
7.15.1: That the Grants
sa/es, message a
with the telecon
have been proper
7.15.2: That all books,
with respect to
inspect/on /n Col
Section 7.16: ~.~ased
approval, to offer or pro.de capacit
7.16.1: ~'ant~ shall
no cost to the count.
7.16.2: The customer or !
apPlicable
Section 7.17: Gramee Insur~
franchise agreement, each ~rante~ si
· following liability insurance policies
e/ected and appointed o~cers, offici~
7.17. I: Comprehensive gcnen
a. five million dolh
b. five million dolle
one accident; aad~
c. five million dollar
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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 liability
insurance with limits of not less than one million dollars ($1,000,000).
7.17.4:
Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than
three million dollars ($3,000,000).
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 such insurance policy shall contain
substantially the following endorsement:
It is hereby undemood and agreed that this policy
may not be canceled nor the intention not to renew
be stated until ninety (90) days after r~7~ipt 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 aRer receipt by the County of ~aid 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 thc requirements
of this Section.
Section 7.18: General Indemnification: Each license or franchise agreement shall
include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and
hold the County and its officer~, employees, agents and representatives harrale~s from and
against any and all damages, losses and cxpemes, including rea.sortable attomcy'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 miw. onduct of the Grantee or its
affiliates, officers, employees, agents, contractors or subcontractors in the construction,
operation, maintenance, repair or removal of its telccommunications facilities, and in pwviding
or offcring telecommunications scrviccs over the facilities or nctwork, whcthcr such acts or
omissions arc authorized, allowed or prohibited by this Chapter or by a grant agrccment made or
entered into pursuant to this Chapter.
Section 7.19: Pcrformancc and Construction Surety: Bcforc a license or franchise
granted pursuant to this Chapter is effective, and as necessary thereafter, thc Grantee shall
provide and deposit such monies, bonds, letter~ of credit or other
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substance acceptable to the County as may be required 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 franchise award, 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 imtn~'nent acceptable to the County Attorney, which fund shall be maintained at the sole
expense of Grantee so long as any of grantee's telecommunications facilities m'e loca:ed within
any public ways of the County, or the fund is otherwise refunded to the Grantee by the County.
7.20.1:
The fund shall serve as security for the full and complete performance herein,
including any costs, 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.
7.20.2: Before any sums arc withdrawn from the security fund, the County shall give
written notice to the Grantee:
describing the act, default or failure to be remedied, or the damages, cost
or expenses which the County has incun-~ by rea.son of grantee's act or
default;
providing a reasonable opportunity for Grantee to first remedy the existing
or ongoing default or failure, ifcurable;
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 Orantee 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 fi'om the County that there is a deficiency in the amount ofthe fund.
7.20.4: The rights reserved to the County with respect to the letter of credit
are in addition to all other rights ofthe County, whether reserved by the license
or franchise, or authorized by law, and no action, proceeding or exercise of a
right with respect to such a Ictter shall affect any other right the County may
have.
7.20.5: The letter of credit shall contain substantially
endorsement:
31
the following
AGENDa I"r,,E~, 'N
,'.,.
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It ts hereby understood and agreed that this letter of credit shall
not be canceled by the ~urety nor the intention not to renew be
stated by the surety until thirty (30} day~ after receipt by the
County, by regtstered mail, of a written notice of ~tch an intention
to cancel or not to renew.
7.20.6: The Grantee shall renew the letter ofcredit 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 eat/fie the County to draw down the
letter ofcredit in its entirety.
Section 7.21: Remedies-Liquidated Damages: Unless modified in the rt~q~-five document, thc
following shall be inserted into each fianchise, license, and/or grant: If the Grantee's failtu~ to
comply with provisions of this document and/or with the County's Telecommunications
Ordinance, as amended from time-to-time, results in injury to the County, and as it will be
difficult to prove the extent of such injtu% the County and the Grantee hereby agnm to the
following liquidated damages, which represent beth parties' best estimates of the damages
resulting from the injury.
7.21.1: For failure to complete cons~'uction within the initial service anm
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 r~quimments of the license,
franchise, or the County Telecommunications Standards 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 occurs or
continues with respect to:
a. timely completion ofconstruction;
b. compliance with applicable plans, permi~ technical codes and standards;
c. properly locate facilities as specified by or approved by the County;,
restoration of the public ways and other property affected by the
construction;
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submission or mi
COmpl~on ~
remittance of ~
~ims rot ~x~r, m~
7.21.4: For repeat~
($500.00) rot each off~
7.~1.~: For f~ilure tc
do~I~ ($$0o. oo) for e~
deemed comm~u, ed cacb a
7~ 1.6: For failure ~o
(SSO0.O0) eom ne ~e or
r. hlll b~ deemed ~~
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for ~e ~~ U~ ~
S~on 7~: ~on of ~
7.22.2: If d~ n~ by ~
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annually (or as determined to be needed by the County) to schedule and
coordinate construction in the public ways.
7.22.3:
All construction locations, activities and schedules shall be coordinated, as
ordered by the County, to minimize public inconvenience, disruption or
damages.
Section 7.23: Assignanent$ or Tramfew of ~t: Ownership or control of a
telecommunications nj~tem, lic,,m~ or franchise may not, directly or indirectly, be transferral,
assigned or disposed of by sale, lease, merger, consolidation or other act of or inaction by the
Grantee, by operation of law or otherw/se, w/thout the prior ex~ written consent of the
County, wkich consent shall not be unreasonably w/thbeld or delayed, as expressed by ordinance
and then only on such reasonable conditions as may be presc~bed therein.
7.23.1:
No grant shall bc assigned or transferred in any manner w/thin twelve (12)
months after the initial grant of the license or franchise, unless otherwise
provided for in the license or franchise agreement.
7.23.2:
Absent extraordinary and unforeseeable circumstances, no grant, system or
integral part of a system shall be assigned or transferred before construction of
the telecommunications system has been completed.
7.23.3:
Grantee and the proposed assignee or transferee of the grant or system shall
provide and certify the following information to the County not less than one
hundred and fifty (150) days prior to the proposed date of transfer:
a.
Complete/nformafion setting forth the nature, ten'ns and condition of the
proposed transfer or assignment;
All information requ/red of a telecommunications license or franchise
applicant pursuant to Articles 3, 4 or $ herein with respect to the pwposed
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
the telecommunications system pursuant to this Chapter.
7.23.5:
The Gnmtee ~all reimbur~ thc County for all direx:t md indirect feea, costs,
and expenses rmsonably 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, a3ntem or integral
part of a syatem without prior approval of the
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pursuant to a license or franchise agreement shall be void and is cause for
revocation of the grant.
Section7.24: Transactions Affecting Control of Grant: Any transactions which
singularly or collectively result in a change of ten percent (10%) or more of the ownership or
working control of the Grantee, of the ownership or working control of a telecommunications
license or franchise, of the ownership or working conlrol of affiliated entities having ownership
or working control of the Grantee or of a telecommunications system, or of control of the
capacity or bandwidth of grantee's telecommunication system, facilities or substantial paris
thereof, shall be considered an assignment or transfer requiring County approval purnmnt to
Section 7.23 herein. Transactions between affiliated entities ~re not exempt fi'om ~uch 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 reasons:
7.25. I: Construction or Ol~-ration in the County or in the public ways of the County
without a license or franchise grant ofauthorization for same.
Construction or operation at an unauthorized location.
7.25.2:
7.25.3:
7.25.4:
7.25.5:
7.25.6:
Unauthorized substantial transfer of control of the Grantee.
Unauthorized assignment of a license or franch/se.
Unauthorized sale, assignment or transfer of grantee's franchise or license
assets, or a substantial interest therein.
Misrepresentation or lack of candor by or on behalf of a Grantee in any
application to the County.
7.25.7:
7.25.8:
7.25.9:
7.25.10:
7.25.11:
7.25.12:
Section 7.26:
Abandonment of telecommunications facilities in the public ways.
Failure to relocate or remove facilities as required in this Chapter.
Failure to pay taxes, compensation, fees or ~it,,~ when ~nd as due the County.
Insolvency or bankruptcy of the Grantee.
Violation of any material provision of this Chapter.
Violation of any material term of a license or franchise agreement.
Notice and Duty to Cure: In the event that the Franchise Administrator
believes that grounds exist for revocation of a license or franchise, he
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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 rcmedy the violation or noncompliance.
7.26.2: That rebuts each alleged violation and each alleged noncompliance.
7.26.3: All reasons why it would be reasonable in the public interest to impose some
penalty or sanction less than revocation.
Section 7.27: Hearing: In the event that a Grantee fails to provide evidence reasonably
satisfactory to the Franchise Administrator as provided in Section 7.26 her~n, the Franchise
Administrator shall refer the apparent violation or non-compliance to the County Administrator.
The Grantee shall be provided with notice and a reasonable opportunity to be heard by the
County Administrator or specific designee of the County Administrator concerning the matter.
Section 7.28: Standards for Revocation or Lesser Sanctions: Only the Boaa'd of County
Commissioners can revoke a franchise or a license a~ent, which tm quasi-judicial
determinations. If upon its review and thereafter the Board of County Commissioners is
persuaded that the Grantee luts violated or failed to comply with material provisions her~g or of
material provisions of the respective fi'anchise or license agr~nent, that Board shall decide
whether to revoke the license agreement or the franchise, or to establish 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 ease:
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 histot'y 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 curod
promptly.
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SECTION 8: CONSTRUCTION STANDARDS
Section 8.1: General: No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within the County except as provided in
this Section 8.
Section 8.2: Construction Codes: Telecommunications facilities shall be cor~ructed,
installed, operated and maintained in accordance with all then applicable Federal, State and local
codes, rules and regulations, including, to the extent applicable, the National Electrical Safety
Code.
SectionS.3: Conm'uction Permit~: No per~on shall cot~mct or install any
telecommunications facilities within the County without fir~t obtaining a construction permit
therefore, provided, however:.
8.3.1:
No p~-dt shall be issued for the construction or installation of
telecommunications facilities within the County unless the telecommunications
carrier has filed a registration stat~aent with the County pursuant to Section 2
herein.
8.3.2:
No permit shall be issued for the construction or in~allation of
telecommunications facilities in the public way~ unless the telecommunications
carrier has applied for and received a license or franchise purmmnt to Articles 3,
4 or 5 herein.
8.3.3:
No p~mit shall be issued for the construction or installation of
telecommunications facilities without payment of the construction permit fee
established in Section 6.6 hcrein.
Section 8.4: Applications: Appli,rations for pmmits to constnv~t telecommunications
facilities shall be submitted upon forma to be provided by the County and shall be accompanied
by drawings, plans and specifi~ons in sufficient detail to demonslrale:
8.4.1: That the f~cilifies will be constructed in accord,taco with all then applicable
codes, rules and regulatioaa.
8.4.2: The location and route of all facilities to be installed on existing ~ poles.
8.4.3: The l.~orn ..md rout.~., cf all facilities to be located maim- th~ ~ at
me route which arc within the public ways. st ali points
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8.4.5: The location of all other facilities to be constructed within the County, but not
within thc public ways.
8.4.6:
8.4.7:
The construction methods to be employed for prctection of existing structures,
fixtures, and facilities within or adjacent to the public ways.
The location, dimension and types of all trees within or adjacent to the public
ways along the route proposed by the applicant, togcther with a landscape plan
for protecting, trimming, removing, replacing and r~a~ing any tn~m or areas to
be disturbed during con.ruction.
Section 8.5: Engineer's Certification: All permit applicatiorm ~all be accomparfied by
the ccrtificat/on of a registered professional engineer that the drawings, plans and spec/ficafions
submitted with the N~plication comply with applicable technical code~, rules and ~,ulations.
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 h-affic control phn
demo~s~ the protective mm and devices that will be employed, consistent with Florida
Depamnent of Transportation rules and regulations, to prevent injury or damage to persons or
property ~ to mlni~i?¢ disruptions to efficient pedestrian and vehicular traffic.
Section 8.7: Issuance of Permit: Within forty-five (45) days after submission of all
plans and document~ required of the applicant and payment of the permit fees required by this
Chap~, the Building Official, if satisfied that the applications, plan~ and document comply with
ali requirements herein, shall issue a Immit authorizing construction of the facilities, subject to
such further conditions, restrictions or regulations affecting the timo, place and manner of
performing the work as he may deem necessary or appropriate.
Section 8.8: Construction Schedule: The pennittee shall submit a written construction
schedule to the Franchise Administrator ten (10) working days be/om commencing any work in
or about the public ways. The permiO_~ shall further notify th~ Franchise Admixfislr~r not less
than two (2) working days ia advance ofmy excavation or work in the public ways.
Section 8.9: Complian¢~ with Pmait: All ~ pm:fio~ Nad mctivifiem ~ b~
in ~~ce ~ ~e ~t ~ ~ ~ p~ ~ ~ f~ ~ ~fi~ ~
B~l~g Offici~ ~d ~s ~ ~q ~ ~ ~ m ~ ~ ~ ~ ~
~o~on ~ he or ~e ~y ~ ~ ~ ~ ~ ~ ~~
Section 8.10: Display of Pctmit: The permL-_~ ~ maimain · copy ofthc ~ction
l~mit and approved plans at thc constxuction site, which shall b~ displayed and made available
for inapection by the Building Official or his ~tativea at all times when construction work
is occurring.
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Section 8. i 1: Survey of Underground Facilities: If the construction permit specifies thc
location of facilities by depth, l~ne, ~'ade, proxL-nity to other facilities or other standard, the
permittec shall cause the loca~on of such facilities to be verified by a registered Florida land
surveyor. Unless permitted to remain by thc County Building Official or other designee of thc
County Administrator, thc pen~ittec shall relocate any facilities which are not located in
compliance with permit requirements.
Section 8.12: Non-complying Work: Upon order of the Building Official, all work
which does not comply with the permit, the approved plans and ~pecifications for the work, or
the requirements hendn, shall be removed.
Section 8.13: Completion of Construction: The perrnitte~ shall promptly complete all
construction activities so as to minimize disruption of thc County ways and other public and
private property. All construction work authorized by a permit within County ways,/ncluding
restoration, must be completed within one hundred twenty (120) days ofthe date of issuance.
SectionS. 14: As-Built Drawings: W/thin sixty (60) days after completion of
construction, thc pcrmittec shall furnish the County with two (2) complete sets of plans, drawn to
scale and certified by thc County as accurately depicting the location of all telecommun/cations
facilities constructed pursuant to the permit. As-built documents shall be provided/n 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 Graphic Data System (GDS)
electronic data files. Intermediate DXF files will be accepted as an 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,
fixtures, structures and facilities in the public ways or otherwise damaged during the course of
construction, restoring the same as nearly as practicable to its condition before the start of
construct/on.
Section 8.16: Landscape Restoration: Ali trees, landscaping and grounds removed,
damaged or disturbed as a result of the construction, installation maintenance, repair or
replacement of telecornmunications fac/i/ties, whether such work is done pursuant to a franchise,
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 penn/t, the
Grantee shall provide a letter ofcredit, as provided in Section 7.20 herein.
Sect/on 8.18: Exceptions: Except to the extent as may otherwise be specified in a
license or franchise agreement, all telecommunications carriers are subject to thc requirements of
this Section 8.
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Section 8.19: Responsibility of Owner:. The owner of the facilities to be constructed
and, if different, the license or fram:him Grantee, are responsible for performance of and
compliance with all applicable provisions of this Section.
SECT/ON 9: PERIODIC EVALUATION, REVIEW AND MODIFICATION
Section 9.1: Modification: The County or Grantee may, at any lime af~ the effective
date of the license, or franchi~ commence a review to cxarnine changes which either party
wisbe~ to make to the respective document.
Section 9.2: Public Hearings: The County may conduct public meetings or public
hearings to provide the public opportunity to comment on the issues which are to be considered
at ~ meeting or hearing.
Section 9.3: Propo~xl Changes: The party initiating the ptoce~ will provide the other
with a full description of thc change~ it PrOlX~,~, a~ well a~ the reasoning behind the proposed
changes. If the County is the party proposing the change~, the Grantee ~ develop a thorough
analy~ of thc/mpact of ~uch changes upon ita operations and/or it~ customer~ taking into
consideration the acceptability of such changes and their cost, if any, to its rates ami Grantee's
return on investmeat. Grantee shall consider all the altonuUive mesm for recovering m:h com.
Section 9.4: Negotiation: Following receipt and analysis ofa ~ the County and
the Gra. tee shall negotiate the ~ change~ in good faith. Iftbe patties are unable to reach
agreement within ninety (90) days, or whatever longer period may be mutually acceptable, either
party may call for mediation of the disagreemenL
Section 9.5: Mediation: The County and Grantee will indemnify, agree upon and
designate a mediator, whose feea will be t~ared equally by the pazties.
Section 9.6: Contract Amendment: At the completion ortho proce~ stated heroin, the
County Commission shall amcnd the license or franchi~ ~ necessm7 to implement the changcs
agreed upon by the parties.
37 SECTION TWO:
3s CONFLICt AND SRVERABn.HT.
In the event that this Ordinance conflict~ with any othcr ordinance of Collier County or
other ~licable law, the mor~ r~tri~tive ~ apply. If any ~mtion, ~ub~'tion, ~ntence.,
clause, phra~ or other portion ofthis Ordinance is, for any reason, declamt invalid, in whole or
in pa~ by a court or agency of competent jurisdiction, said decision shall not affect the validity
of the remaining portions herein.
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SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES.
Thc provisions of this Ordinance shall bec, omc and be made a part of thc code of laws and
ordinances of Collier County, Florida. Sections of this ordinance may be renumbcred or
relettcred to accomplish such, and the word "Ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: REPEAL OF ORDINANCE NO. 88-90, AS AME~ED.
Colli~r County Ordinate No. 88-90 as amended by Ordinance No. 94-12 and as further
amended by Ordinance No. 96-15, is hereby repealed.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective at 8:00 A.M. on the
1997 after having been filed with the Florida D~artment of State.
dayof ,
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli~ County,
Florida, this ~ day of ,1997.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
By:. By:
Deputy Cl~'k
33 Approved ns to form and
Legal Sufficiency: _ ~
36 ~~
38 2. Palmer
39 Assistant County Attomey
41 h :V~dimm~'97~lecomm~icallons.~p
41
EXECUTIVE SUMMARY
PETITION NO. CU-97-1, ARTHUR C. QUINNELL REPRESENTING PETER IVL ANDERSEN,
REQUESTING CONDITIONAL USE "4" OF THE C-4 ZONING DISTRICT FOR NEW AND
USED BOAT AND AUTO SALES FOR PROPERTY LOCATED AT 1995 TAMIAMI TRAIL
EAST, FURTHER DESCRIBED AS LOT 4, TRIANGLE SUBDMSION AND THE
NORTHWESTERLY 98.28 FEET OF PARCEL A, IN SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 2:5 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.97 ACRES.
This petition seeks approval of a Conditional Use to the C-4 zoning district for the purpose of
establishing · Used Car sad Boat dealer business.
CONSII)ERATIONS:
The property lies on the north side of the East Tamiami Trail midway between the intersection of Davis
Boulev~i and Commercial Drive.
The subject property is zoned C-4. Used cars and boats are conditionally authorized uses of land in the
C-4 district (SIC 5521 (U~d Cars) and 5551 (Boat Dealers). The petitioner is requesting conditional
u~ "4" ofthe C-4 district.
The petitioner proposes to use the property, which has been abandoned and previously used for new &
used automotive sales, and as a fast food restaurant. A conditional use ofthe property (i.e. CU-94-8)
for boat sales was never utilized, and has therefore ceased to be effective.
The property is deemed consistent by virtue of the Zoning Re-evaluation proces~ through which the
property retained it~ C-4 st·ms as improved property, and therefore consistent with FLUE Policy 5.9
Commercial Zoning is also deemed consi~tem based on its relationship to commercial under criteria.
Conditional uses do not change these relationships.
As a result of the reuse of the property and this conditional use approval the County was empowered
with the ability to apply current development standards for site impm}$ernents, most notably
landscaping. The site development plan r,:qects these improvements anda,/ driveway configuration
which has been approved by the FDOT who has.iurisdiction over U.S. 41.
Conditional uses require a finding on the part of the Planning Commission pursuant to Section 2.7.4.4
of the Land Development Code. These findings are described in the companion staff report which was
approved by the Commission. Generally the findings support a reconunendation for approval.
The Collier County Planning Commission heard this petition on March 6, 1997.
recommended approval of this petition.
approval ofthis petition.
They unanimously
No person spoke or otherwise communicated any objections to
1
MAR 2 5 1997
,J
'4
FISCAL IMPACT:
Approval of this conditional use will have no ~
opportunity for this vacant property to be re~
the effect of'which will be to increase propert~
GROWTH MANAGEMENT IMPACT:
NOl~
PLANNING COMMISSION RECOMMF~
That Petidon CU-97-1 havin~ the effect of au
Cars and Boat Dealers to tim C-4 lntermediat~
/~d~tion and Exhibits (includin~~ons of
- ALI) NI~0, XICP -
CHIEF PLANNER
REVIEWED BY:
DONALD W. ARNOLD, AICP -
PLA G SERVI DEPARTMENT DIl~
VIN~ ~ CA 0'r~.,RO, ADMIN].S'FRATO]
COMMUNITy DEV. AND ENVIROn,
TO:
FRO~...
DATE:
RE:
t' PLA
l~BRUARY il. 1997
PETITION NO: CU-~
DEA
OWNER/AGEI~-r:
Agen!:
Owner:
REOUESTED ACTIO~_
The subje~ property is zoned C-4. Used
the C-4 district (5IC-$521 ('Used Cars)
conditional use "4" of the C-4 district.
GEOGRAPHIC LOCATiOS~i
The properly lies on the north side of' the 1:
Davis B, euIevard and Commercial Drive (see i
The petitioner Proposes to use the property.
automotive sales, for boat and used car sale
abandoned for a period of more than twelve
valid.
il
re I'~
Existing:
Surrounding: North
~t a'
South.
~,Vest.
t
/Lt.,..
The propert7 is deemed consistent by virtue c
property retained its C-4 status as improved i:
Commercial zoning is also deemed COnsistent
Conditional uses do not change these relations}
Staffs analysis indicates that the petitioner's
archaeological probability as referenced on the ~
l'l~stor~cal/Archaeological Survey and Assessme
The subject petition has been revfewed by the al:
above referenced areas of critical con .
Development environment and engineeri~r~aff,,'l
OO"'
00~' ..
Their recommendations are reflected in the
CRITERIA EVALUATi'O~
The Current Planning Staff has coordinatec
the criteria on which a favorable determinat
an objective, comprehensive overview of'tht
or negative, culminating in a staffrecommen
listed criteria are specifically noted in Sec~i(
staff evaluation and comment, and shall be
denial by the Planning Commission to the ]
impacts or considerations identified during tl~
below, and are categorized as either pro or
Staff review of' each of' the criterion is
determination of'compliance, non-compliance
a. Consistency with this Code and G.
A development order a
G]~4~P and provisions o
conditional use e~'alua, ti
~ i) Not applicable in view c
or conditionally permitted use. Subseqt
Plan application process provides the o;
the Land Development Code are coral:
bo
Ingress and egress to property an
reference to automotive and pedestria
and access in case of fire or catnstroph
ii)
None.
The property Fronts upon
of'ingress and egress, whic
No local streets are impact
Summary Conclusion (Findines)L The prop,
East Tarniami Trail/U.S. 41, a highway und
of recent actions involved in the acquisition of land for widening, U.S. 41 driveways will be re.
authorized and some may be revised, however, access cannot be denied. Access geometry will be
designed to make ingress and egress movement ts safe ts possible. These movements are
restricted to right in/out. The proposed use may be a preferred use because it generates less
traffic movements than most other authorized uses given its relationship to a congested highway
segment.
The effect the conditional use would have on neighboring properties In relation to noise,
Blare, economic or odor effects.
Pro: i) The use ofthe property is no different than the uses of adjacent properties.
ii) Historical uses have included boat and auto sales activities.
Con.' None.
Summary_ Conclusion (Findin_esl: A boat dealership and u~ed car sales lot will not adversely
affect adjacent property which for all practical purposes fi2nction in a similar manner (i.e. U-Haul
rental and automotive repair). This criteria ~pically is applicable to zoning actions that introduce
uses that affect residential areas, or place an industrial use next to an o~ce use or people oriented
business. The conditiona~ use is not one with significant elements ofnoise, glare or odor effects.
d. General compatibility with adjacent properties and other property in the district.
Pro; i)
The proposed use is similar in character to adjacent existing land uses.
Con: None.
Summary Conclusion ffindin_ns); When uses are of similar intensity and character they are most
obviously compatible. Both adjacent properties store and deal with automotive vehicular
products. The sale of boats is not materially different than an activity that rents large vehicles
such as the adjacent U-Haul rental facility. ~[ost of the land uses in the immediate area deal with
automobiles and their repair or servicing.
General Observatioll; Proximity of the site to public boat launching facilities and its nearness to
the waterway give credence to this petition. There is also a concentration of'used car businesses
near this property and generally along Davis Boulevard.
4
AGEN DA IT, EM
MAR ~ 5 1997
STAFF RECOMMENDATION:
That the Collier County Planning, Commission (CCPC) recommend approval of Petition CU-97-1
having the effect of authorizing conditional use '4' SIC 5521 and 5551 Used Cars and Boat Dealers to
the C_.-4 Intermediate Commercial District as described by the Resolution of Adoption and Exlu'bit
thereto.
R~f/AL-~ Nn~0, A~CP bATE
CHIEF PLANNER
REVIEWED BY:
CURRE~ PLANNING MA~4AGER
-
D~D-W~. ~OLD, AICP
PL G SERVICES D TMENT DIRECTOR
ENT A. CAUTERO, ADMINISTRATOR
COM~JNITY DEV. AND ENVIRON~tENT.-LL SVCS,
DATE .
DATE
DATE
Petition Number CU-97-1
StaffRepon for March 6, 1997 CCPC meeting
NOTE: This Petition has been advertised for the .March 25, 1997 BCC meeting.
COLLIER COUNTY PLUG CO~IISSION:
MICHAEL A. DAVIS, CHAIRMAN
CU-97-1 STAFF REPORT/Ixi
MAR 2 5 1997
P.O. Box ~24
~ ~ FL 34146=0524
A~TH~ c. q~ I'F.,LS.
Registered Professional EngJr~et
12/3o/96
2~00 N. Honeshoe Driv~
NAPL~, Fk~rkl~ 33942
R.F..CF..IVED
JAN 0 6 1997
...... TC-94 h'394-3065
Fx 941/394-4710
Ttam~m~d l~ewtth are the following materials for ~c~ m~fl~ ~ ~~:
1.~~~~ 7~.~
2. 17~~~~n ..
J. ~ ~ ~ ~T.I.S. ~) ..
7. ~ ~r ~ ~E~~ ~
~-~4, ~or m w~ch ~ W~ ~T.I.S., ~ W~ ~E.I.S., ~ ~ W~
cc:.~
F',~e
Arthur C. (Ninn~l, P.E.L.S.
MAR 2 5 1997
_
COLLIER COUNTY
~PPLICATION FOR CONDITIONAL USE REQUESTS
PETITION NO. C ~
COORDINATING PLANNER:
JAN 0 6 1997
DATE ~E¢£IVED:
APPLICANT N/~HE (AGENT): ~-.rt.4u,a. C. ~u,.~,~''~- PHONE:
APPLZCANT ADDRESS: ~.O. $.F =~. f~L~. k._-.;.o.
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*:
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: ~ I TOWNSHIP:
PHONE:
PROPERTY I.D. #:
SiZE OF PROPERTY: ~ FT. X ~ ~ " FT.
GENERAL LOCATION ~D ADDRESS OF SUBJECT PROPERTY:
ACRES:
ZONING OF SUBJECT PROPERTY: ~-~ .EXISTING LAND USE:
TYPE OF CONDITIONAL USE REQUESTED: N~%.,' 4 GS~O ~*T 5~
ADJACENT ZONING ~D ~.ND USE: O~
ZONING
-1-
MAR 2 5 1997
NOTE:
Staff recommendation to the Planning Commission end the
Planning Commission recommtndation to the Board of Zoning
Appeals sh&11 bi based upon the folloving criteria. Please
respond to the following crite~ia:
Is this request consistent with the Land Development Code and
Growth Management Plan? YeS
me
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: O~ue'~ F~,~-~,~ ;~ W&~--sC ~
The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic and odor effect.
Compatibility with adjacent properties and other properties in the
district.
SIGNATURE O'F'~PETITIONER OR AGENT
DATE
-2-
MAR 2 5 1997
~34 ) 38
· I~JAJ)IO R 0,~) ,/miIIJ m
I ~__..~.~ ~,~ !iUMM RWOOD
' EAST
~.~J ~ ' ~ S
..~s,~ ~ ~APLE
~ ~ ,o /
LOCATION MAP
Utility Provisions
for
Conditional Uses and Rezones
2. ADDRESS:
3. LEGAL DESCRIPTION: LoT ~
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system):
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PACKAGE TREA~4ENT PLA~;T CAPACITY (GPD)
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
e a. COUNTY SYSTEM
B. CITY SYSTEM
C. FRINCHISED SYSTEM N~{E:
D. PRIVATE SYST~.!
6. TOTAL POPULATION TO BE SERVED: ~O
7. PEAK AND AVERAGE DAILY DE¥~NDES:
1. WATER-PEA~
2. SEWER-PEAK
AVERAGE DAILY
AVERAGE DAILY
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYST~{,
DATE SERVICE EXPECTED TO BE REQUIRED: -------
9. Provide a brief and concise narrative and schematic drawing of the
sewage treatment process to be used as well as a specific statemen~
regarding the method of affluent and sludge disposal. If percolation
ponds are to be used, then percolation data of soil involved shall he
provided from tests prepared by a professional engineer.
-1-
AG£ttD& ITt~M -,
"o.
MAR 2 5 1997
" writin , signed by the owner should be provided
10. A statement, in .. - g ..... ~4-4-s the water distribution and
agreeing to deed to the county v~-~-
sewage collection facilities within the project area upon completion of
the construction of these facilities ~n accordance with applicable
County ordinances. This statement should also include agreement that
applicable system development charges and connection fees will be paid
o the County Utilities Division prior to the issuance of building
t ....... . .... .v -ommunitv Development Division. ~he statement
permits Dy un=. ~v .... = ~ ~ ~i~_~.~e a~ro~riate Utility Easements
should also contain agreemenu ~o.u=u~ er =
for serving the water and sewer systems.
APPROVER:
COK~W-NTS:
FOR OFFICI]~L USE ONLY
DENIED:
UTILITI ES ADMINISTRATOR
-2-
· i
being duly
say that I am the owner of the property described herein and vhich is
the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and nade a part of this application,
are honest and true to the best of my knowledge and belief.
understand this application must be completed.and accura~_.e before a
hearing can be advertised. I further permit
(AG~T'S N~E)
to act as ~y representative in any matters regarding this p~tl~on.
/ ~IGNA~URE OF OWNER
State of Florida
County of Collier
Sheet ~'as a~.knowledg~d before me this
l~lz ~y ~d t r M ~'l-r~.l~ ~n , vho is
as
($igna%ure of Notary Pu~ic).
NOTARY PUBLIC
¢o~ss~o~ ~
My Co~nission Expires:
-1-
MAR ~ 5 1997
,~ /.~
State of Florida
County of Collier
Theforegoing AgF. eement Sheet was a=knQwled~ed before me this
day of ~~~___, 199~ by - ~ , who lSas
~rsonall kno _~o has produced ~
xuent~£Xca=lon and who did (did not) take an oath.
Commission #
My Commission Exp r-~.-
-2-
MAR 2 5 1997
TRIANGLE LA.RE
A ~U~DIVISION OF ALL THAT PART OF THE E. I/2 OF THE N.W.I/4 OF 'THE N.W I/4 LYING ?
OF TH[ ~TAMIAM! TRAIL (FORMLRLY KNOWN AS DIXIE HIGHWAY ) IN SECTION II~T(
SHIP SO SOUTH, RANGE ~.5 EAST, COLLIER COUNTY, FLORIDA . IrXGEPTIHG
FROM THAT PARCEL. BHOWN AS "PARCEL A,£XCEPTED FROM THIS PLAT" AND THAT
PART LYING WITHIN 'rile RIGHT OF WAY OF STATE ROAD BSB.
STATE ROAD 858 ~!
0 '
.l
Pulling
AC~'
RESOLUTION
A ItESOLUT'FOH PROVID'rNG FOR THE ESTABLTSHHENT
OF NEW AND USED BOAT AND AUTO SALES (SIC
GROUPS 551~, 5521 AND 5551) CONDITIONAL, USE
"4" IN THE C-4 ZONIN~ DISTRICT PURSUANT TO
SECTION 2.2.15.3 OF THE COLLIL~lt COUNTY ]4AND
DEVELOPMKNT CODE FOR PROPERTY LOCATED IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WNI~t~AS, ~he Legislature of ~he State of Florida in Chapter
67-1246, I~wa of Florida, and Chapter 125, ~lorida S~a~utea, haa
conferred on Collier Count~ ~he p~er tc e~abliah, coordinate and
enforce zoning and auch buaine~ requla~lona a~ are nece~arM for ~ha
protection o~ ~he public~ and
~ER~, ~he Count2 pur~am~ ~hare~o ha~ adopted a ~nd
~velopmem2 Code (Ordimamce ~o. 91-102) which lnclude~ a Comprehen~ive
imq Ordinamce ea~aBliahinq re~la~ioma for ~he zoning of particular
~qraphic divi~iona o~ ~he Coun~, amcmq which ia the granting of
Conditional Uses; and
~S, the Collier County Planning Commission, being the duly
appointed and cons~i~u~ planning ~ard for the area hereby affected,
has held a public hearing after no~ce as in said re,lagOons ~de and
provided, ~nd has considered ~he advisab~li~y of Conditional Use '4' of
Section 2.2.15.3 ~n a C-4 zone for ne~ and used boa~ and auto sales
(SIC groups 5511, 5521 ~nd 5551) on ~he proper~ herein~f~er descri~d,
and has found as a ~a~ter of fac~ (E~ib~ ~k~) ~hat sa~isfactory
prov~sion and arranqe~en~ hsve ~en ~de concerning all applicable
~atYers re~red b~ sa~d re~la~ions and ~n eccordance ~lth Subsection
2.7.4.4 of the ~nd Develop~en~ Code for the Collier Count~ Planning
Co~s~on~ and
~ER~S, all ~n~eres~ed par~es have been q~ven opportunity to ~
heard b~ ~h~s Board ~n a public meeting assembled and ~he Board having
considered all ~at~ers presented.
HO~, ~FORE BE IT RESOLVED, BY THE BOARD OF ZONING ~pP~LS of
~ll~er Covnty, Florida that: ~
The petition filed by Arthur C. 9uinnell representing Peter M.
Andereen with respect to the proper~¥ hereinafter described ae~
~ot 4, Triangle ~ake and the ~orthweeterly 9S.29' of
Parcel A, as recorde~ In Pla~ Book 4, Page 38, of ~he
~blic Recorde o~ Collier Coun~, Florida, all lying
~ec~ion Il, Township 50 Sou~, Range 25
~ and the same is hereby approved for Condl~ional Use ~4~ of Section
2.2.15.3 of the C-4 zoning dis~ric~ for new and used boa~ and auto
sales (SIC ~oups 5511, 5521 and 5551) in accordance wi~h
Conceptual Has,er Plan (Exhibi~ 'B~) and subJec~ ~o the foll~lnq
condl~ioms:
a. The Planning & Technical Servicee Manager kay approve minor
changes in the location, eiting0 or height of buildings,
etructuree, and improvements authorized by the conditional
uae. Expansion of the uses identified and approved within
this conditional use application, or major changes to the
aite plan submitted ae part of thie application, shall
require the submittal of a new conditional use application,
and shall comply with all applicable County ordinancee in
effect at the time of eubmittal, including Divieion 3.3, Site
Development Plan Review and approval, of the Collier
Land Development Code (Ordinance No. 91-102).
b. Final approval for a Site Development Plan ia contingent upon
presentation of an FDOT Connection Permit or Notice of Intend
to Issue such a permit.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of .., 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MA~JORIE M. STUDENT
ASSXSTANT COUNTY ATTOrnEY
CU-97-1 RESOLUTION/19134
-2-
MAR ,2 5 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
Section 2.2.15.3.4 ofthe Land Devlopment Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ae
Consistency with the Land Development Code and
Growth Management P~IJ
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safet~ and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~/' No
Affects neighboring properties in relation to
nois~, glare, economic or odor effects:
~-' No affect or Affect mitigated by
-- Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~.-'No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should ~ /~
recommended for approval . be
CHAIRMAN:
FINDING OF FACT CHAIRMAN/19242
FINDING O? FACT
BY
COLLIER COUNTY PLA~ING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the sane district or neighborhood
because of:
A. Consistency with the L~nd Development Code and
Growth Management Pla~:
Yes_ %/No _
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety-and convenience,
traffic flow and control, and access in case of
fire or catastrophe:/
Adequate ingress & egress
Yes ~/ . No _
C. Affects neighboring properties in relation to
noise glare, economic or odor effects:
~s~N'o affect or Affect mitigated by _
Affect cann0~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use/ithin district
Yes _%/ .... No _
Based on the above findings, this conditional use should,
with stipulations, (copy attg~h~d) (s~ould not) be
recommended for approval _~_p~R~%/~C--.
DATE:
FINDING OF FACT MEMBER/19242
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE pETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Devel6pment Code and
Growth Management Plan:
Yes~,~ No _
~. ~n~ress and egress to property and prbposed
structures thereon with particular reference to
automotive and pedes=rian safet~ and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress ~egress
Yes No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
__~__.No affect or Affect mitigated by _
Affect c~nnot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within' district
Yes ~ No _
Based on the above findings, this conditional use should,
m'q%~ched) ~should not) be
with stipulations, (copy
FINDING OF FACT MEMBER/19242
AG£NDJ, ITT, bi '~
.o.
MAR 2 5 1997
,.,,.
FINDING OF FACT
COLLIER COUNTY PLA~NING COM~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
Granting the conditional use will mot adversely affect
the public interest and will not adversely affect other
property or uses in the sane district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management ~No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety-and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to
noise/ glare, economic or odor effects:
~/ No affect or Affect mitigated by.
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Ba~"~ nn ~h. above findings, this conditional us~uld~
recommen~ea £or approval// M..W~..-~~
FINDING OF FACT MEMBER/19242
I MAR251997
-
FINDING OF FACT
BY
COLLIER COUNTY PLA/]NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the sane district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management P~an:
Yes t/ No
Be
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & e~ess
Yes ~' No
Affect~neighboring properties in relation to
noisp~, glare, economic or odor effects:
~/ No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use~thin district
Yes F~ No
Based on the above findings, this conditional use should~_
with stipulations, (copy attached) ~) be /)
recommended for approval ------~ / ,4/~
FINDING OF FACT MEMBER/19242
FINDING OF FACT
BY
COLLIER COUNTY PLA~NNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
/
A. Consistency with the L/nd Development Code and
Growth Management p~:
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 & .e~ess
__ Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the distrig~
Compatible us% ~_'~hin district
Yes V No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (~ be
recommended for approval B~'~~
FINDING OF FACT MEMBER/19242
AG£N A IT
MAR 2 5 1997
'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with th~/Land Development Code and
Growth Management,P~an:
Yes %/ . No ....
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safet~ and convenience,
traffic flow and control, and access in case of
fire or catastrophe:/
Adequate ingress &,e~ress
Yes ~No
C. Affects neighboring properties in relation to
noise,/glare, economic or odor effects:
I/No affect or Affect mitigated by
Affect canno{ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use/within district
Yes ~/ No
Based on the above ~k~gs, this condit~l use should,
with stipulation ,~4"(c°py ~tt~ched) (shoalS/not) be
recommended for ~~1~ ~;,~ ///.~//_ ! ,/,~.~ ./
FINDING OF FACT MEMBER/19242
MAR 2, 5 1997
.... _
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
ae
Ce
Consistency with~Land Development Code and
Growth
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 catastro~Jl~:
Adequate in~-~ress
Affects neighboring properties in relation to
n3~'~--~f~ economic or odor effects:
~__~'N~ afOOt or Affect mitigated by
~-~"-Affect ca--~o~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compati~ithin district
/ No
Based on the above findings, this conditional use should,
with stipulations, (copy at'cached) (should not) be
recommended for approval /~[~0~
FINDING OF FACT MEMBER/19242
AGEND~ IT~EM ~
MAR 2 5 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM}4ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
1. Section 2.2.15.3.4 of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ae
Be
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and proposed
structures thereon with particuIar reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or __ Affect mitigated by.
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ?< No __
Based on the above findings, this conditional use should,
with stipulations (copy attached)
recommended ~for approval
FINDING OF FACT MEMBER/19242
MAR 5 1997
..-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
1. Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with th~/and Development Code and
Growth Management ~/an:
Yes ~No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:/
Adequate ingress &,~gress
Yes VNo
C. Affe~s neighboring properties in relation to
no%~e, glare, economic or odor effects:
~No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with ad.~cent properties and other
property in the district:
Compatible us~/within district
Yes ~No
Based on the above findings, this conditional use should,
attached) ( ) be .
with stipulations, (copy E (~) be~ /
recomm,~ ~or approval
FINDING OF FACT MEMBER/19241
,/
EXECUTIVE SUMMARY
PETITION · _ .......... ..e~e .~. AND 4 OF THE KISi'--;Z Z, Ut~u
RE UESTING CONl.~llv~a. ~
CHURCH, _:-_Q ........ ,.,~,-~e ~x~r~ HOOLS FOP- PROPF. RTY LOCATED AT 10000
CT FOR DAY L;Pd~ ~r.,~ ~,~x.~ na,~, SC
DISTRI .............. ~ ,o e~T rru GE 25 EAST, COLLIER
AIRPORT ROAD NORTH IS SF, CTION 2~, 'l'UWr~arur ,~o ~,,,,,., ,,-, RAN
COUNTY, FLORIDA, CONSISTING OF 4.59 ACRES, MORE OR LESS.
This petition seeks approval of Conditional Uses which ~e authorized for nil residential zoning disuicts
for church ex. on, a school and a daycare center.
CONSIDERATIONS:
The property ~'onts upon the east side of Airport Road immediately north of Cudin8 Avenue at 10000
Airport Road Noah.
This petition seeks approval of conditional uses "2", "3" and "4" (church, school sad daycare) of the
RSF-2 zoning district. In this case the conditional use for a church represents a future expansion ofthe
existing church.
The objective of this conditional use petition is to provide for expansion of the existing dmrch for both
the sanctuary and related and accessory uses, and to allow the church to initiate both a regular K thru 8
~rade school curriculum and a daycare center. The existing church was approved und~ PU-80--12 (C),
Resolution 80-211.
The property lies within the Urban Residential designated area on the Future Land Use Map to the
Future Use Element. This land use classification provides for the total range of housing structure types
and land uses generally found in residential neighborhoods, including but not limited to churches,
daycare centers and schools. The Land Development Code establishes a procedure which may result in
approving a development order for the aforementioned uses in residentially zoned districts. To the
extent that other elements of the GMP are applicable these policies are typically applied at subsequently
required approval stages. Finally, it should be appreciated that the subject property is legally authorized
to have a church and fellowship hall. Tho.~, v,,ere established pursuant to the then approved Muter Site
Plan (SDP-91-12.8).
Conditional uses require a finding on the part of the Planning Commission pursuant to Section 2.?.4.4
of the Land Development Code. These findings are described in the companion staff report which was
approved by the Commission. Generally the findings support a recommendation for approval.
The Collier County Planning Commission heard this petition on March 6, 199T. They unanimously
recommended approval of this petition. -
GROWTH MANAGEMENT IMPACT:
PLANNING COMMISSION RECOMMENDATION:
Tim Petition CU-96-26 havin& the effect of authorizing conditional uses "2" dna-o% and related
activities, "3' schools and "4' daycare center of the RSF-2 zonin8 district as descn'bed by the
l~of Adoption and Exlu'bits (including conditional approval) be approved.
REVIEWED BY:
~OBERT J. MULIIERE, AICP
DON.~,L]) NV. ~]L'RNOLD, AICP
~ . ~. ~ ..,~,_-,
DATE
DXTE
DIRECTOR .
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
MAR 2 5 1997
AGENDA ITEN 7-F
EMOP. ANDUM
TO:
COLLIER COUNTY PLAN~'NI'NG COMMISSION
FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE:
FEBRUARY 12, 1997
PETITION NO: CU-96-26 OUR SAVIOR LUTHER, AN CHURCH
OWNER/AGENT:
Agent:
Mark Minor, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Ray
Bonita Springs, Florida 34134
Owner:
Our Savior Lutheran Church
10000 N. Airport Road
Naples, Florida 34104'
REOUESTED ACTION:
This petition seeks approval of conditional uses "2", "3" and "4" (church, school and daycare) of the
RSF-2 zoning district. In this case the conditional use for a church represents a future expansion of
the existing church.
~;I~OGRAPHIC LOCATION:
The property fronts upon the east side of Airport Road immediately north of Curling Avenue at 10000
N. Airport Road (See illustration following page).
PURpOSE/DESCRIPTION OF pROJECT:
The objective of this conditional use petition is to provide for expansion of the existing church for both
the sanctuary and related and accessory uses, a,:d to allow the church to initiate both a regular K thru
8u' grade school curriculum and a daycare center. The existing church was approved under PU-80-12
(C), Resolution 80-211.
MAR 2 5 1997
SURROUNDING ~LAND USE AND ZONING:
Existing:
Church sanctuary, fellowship hall (270 seats and
3300 sq. ft.) and parsonage on 5.019 acres. The
land is zoned RSF-2 Single Family Residential
district.
Surrounding: North-
East -
South -
West-
To the north the land is developed with a large
discount department store (i.e. Sam's Club). This
land is zoned C-4.
To the east the land is developed with single
family homes. The land is zoned Single Family
Residential RSF-2.
To the south and across Curling Avenue the land
is developed with single family residences. This
area is zoned RSF-3 Single Family.
To the west lies the Airport Canal and Airport
Road. The Stonebridge Golf Course maintenance
building fronts the west side of Airport Road
opposite the church property.
GROWTH MANAGEMENT PLAN (~ON~ISTEN(~Y:
The property lies within the Urban Residential designated area on the Future Land Use Map to the
Future Use Element. This land use classification provides for the total range of housing structure
types and land uses generally found in residential neighborhoods, including but not limited to churches,
daycare centers and schools. The Land Development Code establishes a procedure which may result
in approving a development order for the aforementioned uses in residentially zoned districts. To the
extent that other elements of the GIVE' are applicable these policies are typically applied at
subsequently required approval stages. Finally, it should be appreciated that the subject property is
legally authorized to have a church which was established pursuant to the then approved M'aster Site
Plan (SDP-91-128). Traditionally, conditional or special uses once approved became uses permitted
by right, and like all uses permitted by right their expansion was not subject to a rezoning action. The
Collier County Land Development Code introduced the requirement for approved conditional uses to
obtain additional conditional use approval for purposes of expansion.
In all other respects we find the proposed expansion consistent with applicable elements of the GNG)
and in particular Policy 5. l and $.2 of the TrafFc Circulation Element (i.e. significance test).
~l ISTORI(~/A R(~HA EOLO(~I(~AL 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 Sur~'ey and Assessment is required
"°.
MAR g 5 1997
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 primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division staff.
Their recommendations are reflected in the recommended Resolution of Adoption.
CRITERIA EVALUATION:
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and
the criteria on which a favorable determination must be based. This evaluation is intended to provide
an objective, comprehensive overview of the impacts of the proposed land use change, be they positive
or negative, culminating in a staff recommendation based on that comprehensive overview. The below
listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus requiring
staff evaluation and comment, and shall be used as the basis for a recommendation of approval or
denial by the Planning Commission to the Board of County Commissioners. Each of the potential
impacts or considerations identified during the staff review are listed under each of the criterion noted
below, and are categorized as either pro or cons which ever the case may be, in the opinion of staff.
Staff review of' each of the criterion is followed by a summary conclusion culminating in a
determination of comp{lance, non-compliance, or compliance with mitigation.
a. Consistency with this Code and Growth lHa,mgement Plan.
Pro:
A development order approval that is consistent with applicable elements of the
GIv[P and provisions of the LDC, must be considered on the positive side of
conditional use evaluative criteria.
Con:
Hot applicable in view of'its consistency evaluation with the GIV[P and LDC.
~;vmmary_ Conclusion (Findin_~s3: The proposed use is authorized in the Urban Mixed Use
designated areas in zoning districts that subsequently provide for the use, either as a permitted
or conditionally permitted use. Subsequently required approvals, namely the Site Development
Plan application process provides the opportunity to ensure that all applicable requirements of
the Land Development Code are complied with. This responsibility lies with administrative
staff.
Ingress and egress to property a,~d proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case off]re or catastrophe.
Pro: i)
The church fronts upon Airport Road a major County highway, now a four lane
median divided highway, with access via a public side street at Curling Avenue.
This relationship is considered an optimum one from a traMc point of'view.
No. ~/
MAR 2 5 1997
ii) Fire suppression and emergency services are located on Immokalee Road a
short driving distance.
Intensifying, the traffic condition at the intersection of Airport Road and Curling
Avenue may at times give rise to inconveniencing neighborhood residents.
Summary_ Conclusion (Tindingsl: There is no more optimum location for churches and
schools than to front upon major arterial roads as is the case with this petition. Traffic
eng,ineering, principles suggest directing ingress and egress movements to an interconnecting
side street. When in connection with a comer property orientation, recognizing the fac~ that
this is where one expects to experience vehicles accessing the major street as opposed to
driveways on the arterial a short distance from the interconnecting street. Access management
policies now in effect discourage direct access driveways to major arterials when near an
interconnecting public street. A fire station on lmmokalee Road and I-'75, and the Norlh
Collier Hospital afford optimum emergency service response times.
The effect the conditional use would have on neighborii~g properties in relation to noise,
glare, economic or odor effects.
Pro: i) The most sensitive relationship is to a residential property immediately east of
the site. Impacts to this property can be mitigated by a wall and landscape
buffer.
ii)
A church is a relatively passive use of property and traditionally has no
economic or odor effects. The addition of a likely small private elementary
school and daycare center will not materially change that relationship. The
potential for glare and noise impacts on nearby residential property is limited to
residences lying east and south ofthe property. In this regard the impact is one
of degrees because a church now functions in this adjacent relationship.
Appropriate landscape screens and buffers can mitigate these impacts.
Con: i)
Those periods of high automobile movements to and from the church do
present conditions that could be annoying to area residents.
Summary_ Conclusion ('Findings'): Churches generally constitute a passive use of land for the
most part. It is only those limited time frames when church activities are being conducted that
there is some potential for noise associated with the movement of automobiles. Noise
emanating from activities within the church (i.e. music and singing) is unlikely to be of the
magnitude that would irritate nearby residential areas. Site development regulations, landscape
screens and walls and ingress/egress traffic improvements would for the most pan take care of
annoyances created by moving automobiles, irrespective of whether or not those traffic
movements are in connection with the church, school or daycare center.
MAR g 5 1997
Compntibility with adjncent properties and other property in the district.
~ i) A church for the most part represents a passive use ot' land, and is therefore
compatible with adjacent residential land uses when appropriate mitigation
measures are instituted.
ii) The property has a minimal relationship to residentially used land in that church
and church related activities result in traffic movements to Cuffing
Avenue are removed from all but one residence.
iii) Since a church now functions in this area there is the presumption that area
residents were knowledgeable about this relationship and should expect the
church to expand over time.
~Con: i) The two most affected residents may perceive the expanded use of the property
injurious to their interests.
Summary Conclusion fl:indings~: One cannot put aside the fact that a church and church
related activities were approved for the subject property in 1980 prior to the construction of
most residences in this area. It is only reasonable to expect that churches will expand as their
membership increases. Traditionally, churches and schools were considered e0mpatible with
residential neighborhood development because early zoning' ordinances allowed them as uses
by fight. The location of the property relative to an arterial road and at the perimeter of the
residential neighborhood could not be more optimum. The potential for impacts that affect
compatibility can be mitigated by landscaping and screening improvements.
~gTAFF RE(~QMMENDATIQN:
That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-96-26
having the effect of authorizing conditional uses "2", church and related activities, "3' schools and "4'
daycare centers of the RSF-2 zoning district as described in the Resolution of Adoption and Exhibits
thereto.
RO~i~.,D N~, a~P DATE
C~F PL~R
REVIEWED BY:
I~.OB'I~RT .1. M'ULH~RE, AICP
CURRENT PLANNING MA]qAG~R
DATE
AGENDA ITEM ~
MAR 2 5 1997 a0
DONALD ~OLD, A1CP
p G SERVI. CE~___~T DIRECTOR
COMMUmTV DE¥. ~ m,a~om~mm'AL
DATE
DATE
Petition Number CU-96-26
StaffReport for March 6, 1997 CCPC me,ting.
NOTE: This Petition has been advertised for the March 25, 1997 BCC meeting.
COLLIER COU]qTY PLA~q~c3 COMMISSION:
MICHAEL A. DAVIS, CHAIP. M~
CU-96-26 STA~ REPORT/pd
I~AR 2 $1997
FOR CONDitiONAL USE
p_=TITION NO. CU-96-26 .
COORDINATING PLARNER: Rom Nino DATE R~CEIVED:
APPLICANT NAME (AGENT): Mark W. Mino~. P.E. ..PHONE:(~411 947-1144_
APPLICA/~ ADDRESS: 3800 Vi& Del Re ,"Bonita S rim s, FL 34134
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*~u= S&vior Lutheran Church
10000 Ai .rport Road~ Naples, FL 34104
D~TAILED LZGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: 25 TOWNSHIP: 48S
_PHONE:~941) 597-4091
PROPERTY I.D. #:~33480490000
SiZE OF PROPERTY: 6105 FT. X ~ FT. ACRES: 5.02
G~--~.F-RAL LOCATION A~D ADDRESS OF SUBJECT PROPERTY: One half mile south
of Immokalee Road at ~he intersection of AirPort Road & Cur!in~ Avenue.
EXISTING LAND USZ: Church
ZONING OF SUBJECT, PROPERTY: RSF-~ C~urch, School, Pre-K
TYgE OF CONDITION]%L USE ItEQUESTED:Section 2.2.4.3.2.,3., & 4.
ADJACE.NT ZONING AND LAND USE:
ZONING
N C-4
RSF-3
RSF-2
LA~D USE
Commercial (Sam's Club)
Residential ISin~Ie Family)
Residential (Sinqle Family}
Canal R/W
SFWMD Drainage Ditch~ then Air~ort_ Rd.
-1-
1997'
~espond ~o ~he ~oLLov2nq criteria:
~s ~s r~es~ consL~en~ v~ ~e ~nd DeveLop~en~ C~e and
Gro~h ~nagemen~ Plan? Yes see' a2~ached
Inqress and eqresa ~o proper~y and proposed sCrucCu~e~ ~.hereon
conveni~ce, ~affic fl~ and consol, ~ acc~s ~ ~sa of f~e
or ~Cas~ophe: see aCC~ch~d
The effect ~he conditional use would have on neiqh~orinq
proper=its in rela=ion =o noise, glare, econom/¢ and odor effe~c.
see .a==ached
CompaCibili=y'wi~h adjacent prope~ies and other prope~ies in the
d£s=ric=. Se· a~=ached
SIGNATURE ~F PETITIONER OR AGENT
Mark W. M~nor, P.E.
Q. Grady/Minor :-~ Asso¢iate~', .P.A.
DATE
-2-
MAR 2 5 1997
~. //
$~a~& o~ Florida
C:u~,~-y o~ Collier
~ Da~e
Our Savior Lutheran Chu=ch
NOTARY P~L/¢
Commission ~
~y Connission ExhAles:
-1-
MAR 2 5 1997 "~
~rOT..AR¥ P~BL,Z¢
Coun:{.sa:{.on f
Hy ~:mn~ss:l. on ~'p:i.res:
-2-
AGEND,~ IT, EM \
MAR 25 1997
· p,._/~
I,~Jd DE~C~.~T~ON
OU~ ~FZO~t I,~ C~U~.C~ 01~
PARCEL A, ~IT 2, FOUR SEASONS, AS RECORDED IN PLAT BOOK 12, PAGE
6, PUBLIC It~CORDS OF COLLZER CO~RTY, FLORIDA.
CONTA/NING 18,46S SQ~P~E FEET OR 0.424 A~.S MOPE OR LESS.
AGE~DA
MAE 2 5 1997
Is this request consistent with the Land Development Code and Growth Management Plan.*
Yes. The proposed site mee~ all the requiremen~ of the Collier County Lind Developmem
Code, including, but not limited to, bu/lding setbacks, buffers, open space, required parking
and uses. The proposed expansion of the existing church and sanctuary with the new Pre K and
K through 8 schools are consistent with Growth Management Plan. The subject site is located
with the Mixed Use category of Urban designation of the Fugue Land Use Map. The proposed
expansion and conditional uses are consisten~ with policies 2.1, 2.2, 2.3 and 2.4 as the site is
served with public facilities as potable water, ~ewage service, water mamgcmcnl and acce~ to
Airport Road.
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:
The project has access to Airport via Curling Avenue. There is a median opening at the
intersection of Curling Avenue and Airport Road. The access to the site is on Curling Avenue
in close but safe proximity to Airport Road. Access for emergency vehicles is direct without
intrusion into the residential subdivision.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic and odor effect.
The west and north boundaries of the site abut public right-of-way and commercial properties.
Thc site has been designed to reduce any negative effect upon adjacent properties. The west
boundary proposes a 2 foot h/gh berm with a 4 foot high fence supplemented with trees and
shrubs. The project anticipates no odor to be generated.
Compatibility with adjacent properties and other properties in the district.
The existing church facilities and proposed conditional uses will and presently function as a
u'ansition between the adjacent residential and the commercial to the north and the arterial road
(Airport Road) to the west. Church facilities are typically located on or in the fringe of
residential as supporting use to the residential, but also as a buffer to those uses not compatible
with residential.
Utility Provisions
for
Conditional Uses and Rezones
1. NA/~E: Our Savior Lutheran Church
2. ADDRESS:~Ort Road N., Naples, FL
3. LEGAL DESCRIPTION: see attached
34104
PHONE: (941) 597-4091
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check appl£~abl~ ~ys~em):
A. COUNTY SYSTEM_._.~
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAMe: Collier Count_~_____
D. PACKAGE TREATMENT PLANT CAPACITY (GPD}
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
A. COUNTY SYSTEM X
B. CITY SYSTEM
C. FRINCHIS~D SYSTEM NAME: un
D. PRIVATE SYSTEM
6. TOTAL POPULATION TO BE SERVED: N/A
7. PEAK AND AVERAGE DAILY DEMANDE$:
1. WATER-PEAK AVERAGE DAILY
2. SEWER-P£AK__~__AVERAGE DAILY~
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM,
DATE SERVICE EXPECTED TO BE REQUIRED: Existing
9. Provide a brief and concise narrative and schematic drawing of ~he
sewage treatment process to be used as well as a specific s~atemen=
regarding the method of affluent and sludge disposal. If percolation
ponds are to be used, then percolation data of soil involved shall be
provided fTom tests prepared by a professional engineer.
-1-
IIA S 5 1997
10. A statement, in writing, signed by ~he owner should be provided
agreeing to deed to T.he County Utilities ~he water distribution and
sewage collection facilities within ~he proJec~ area u~n comple~ion of
=he cons=~ion of ~ese faciliCies in a~ord~ce w~ a~lic~le
County ordinances. ~is statement shoed also ~clude a~e~en= ~=
applicable system development charges ~d =o~e~ion fees will ~ ~id
=o =he County Utilities Division prior to ~e iss~ce of build~
pe~its by ~e Co~=y Co~uni~y Devmlo~mn~ Division. ~e s~t~=
should also contain a~m~ent =o.dedi~=m appropria~m Utility ~s~
for serving ~e wa=~ and sewer systm.
APPROVER:
COMMENTS:
OFFICIAL ~SZ ONLT
DENIED:
UTILITIES ADMINISTRATOR
-2-
AGEI'~DA I~£M ~
MAR 5 1997
3
4
12
16
26
A RESOLUTION PROVIDING FOR THE ESTABLISHH~IT OF DAY CARE CENTERS A~D
S~ CONDITZON~ USES "2"~ "3" ~D "4" IN ~E ~F-2 ZONING DI~
FOR ~CH ~D RE~TED USES ~P~SION, DAY ~ C~ ~ S~L,
P~U~ ~ SE~ION 2.2.4.3 OF ~E CO~I~ ~ ~D D~~
~DE FOR PROPERTY ~CATED IN SE~ION 25, ~SHIP 48 SO~, ~GE 2S
~, ~LLI~ CO~Y, F~RIDA.
~S, ~he ~gisla~ure of ~he SCa~o of Florida In ~ap~er
67-1246, ~ws of Florida, and ~apter 125, Florida S~tutes, ~s
conferred on Collier County the p~er to establish, c~rdinate a~
enforce zoning and such business regulationo a~ are necessa~ for
protection of the public; and
~S, the County pursuant thereto has adopted a ~
Development Code (Ordinance No. 91-102) ehich includes I
Comprehensive Zoning Ordinance establishing re~htionl for the zonl~
of particular geographic divisions of ~e County, among ~ich ~s the
granting of Conditional ~ses; and
~ZAS, the Collier County Planning Co~lsslon, ~tnq the duly
appointed and constituted planning board for the area here~ affe~e~
has held a public hearing after notice as in said r~lations ~de
provided, and has considered the advisability of Co~tional Uses "2",
"3' and "4" of Section 2.2.4.3 in an ~SF-2 zone for church and related
uses e~ansion, day care center and school on prope~y hereinafter
described, and has found as a ~atter of fact (Exhibit "A") that
satisfackory provision and arrange=eat have been made concerning
applicable ~atters required by eaid re~lations and In accordance
Subsection 2.7.4.4 of the ~nd Development Code for the Collier Coun2y
Planning Commission; and
~ER~S, all interested parties have ~en given oppo~unity to
heard by thi~ tie,rd in a public neettnq assenbled and the Board having
considered all matters presented.
NO~, T~EREFORE BE IT RESOLVED, BY ~E ~ OF ZOninG ~P~ of
Collier County, Florida that:
PAGE 1
MAR 2 5 1997
2
3
4
../
I
10
~2
13
19
2O
2].
22
23
24
2~
2~
2'7
2~
29
3O
3~
~2
33
34
The petition filed by Roger Dele rapreean~ing Our Savior Lu~haran
Church wl~h respec~ to ~he proper~y hsrain&f~er describ~d as:
Exhibi~ "B" which is a~ached hereto and incorporated by referenca
herein
be and the same is hereby approved for ¢ondl~ional Uses "2"~ "3" and
"4~ of Section 2.2.4.3 of the RSF-2 zoning district for church and
rela~es uses expansion, day care cen~er and school in accordance with
the Conceptual Nas~er Plan (Exhibl~ "C') and subject to the followin9
conditions:
a. The Planning & Technical Services Nanager may approve minor
changes in the location, siting, or heigh~ of buildings,
s~ructures, and improvements au~horized by the conditional use.
Expansion of ~he uses iden~lfied and approved within this
conditional use appltca~ion, or ma~or changes to the si~e plan
su~l~ed aa par~ of ~his applAca~iom, shall require ~he su~i~al
of a new conditional use applica~ion, and shall comply wl~h all
applicable Coun~M ordinances in effec~ a~ ~he ~ime of
includin9 Division 3.~ Si~e Developmen~ Plan Review and approval~
of ~he Collier Coun~M ~nd Developmen~ Code (Ordinance ~o.
91-102).
b. ~11 elevated liqh~in9 fixture specifications shall provide
for direc~in9 illumima~ion ~o the surface o~ ~he parkinq lo~ onlM
~i~ ahieldin9 ~o ensure ~ha~ ~here la no horizon~al ~llumina~ion
on ~he ad~acen~ proper~M.
c. ~r~erial level s~ree~ li~h~in~ shall be provided a~ pro~ec~
entrances a~ ~he ~lme said entrance is constructed.
d. A fair share contribution ~oward ~he ins~alla~ion of ~he
~raffic signal s~s~em a~ ~he intersection of C.R. ~1 and
Road shall be required a~ such ~lme as a signal ~ay ~ warranted.
X~ shall be ~he Coun~M's sole de~e~ina~ion as ~o whether or no~
such a siqnal system la warranted. AmM such slqnal sMs~em shall
~ owned~ opera,ed and main~ained bM ~he County.
MAR 5 1997
a. Turn lanes nay be ~eclu~red st Ou~ling Road entrances to
alleviate potential oper&tion&l problana at project access points{
f. Compensating right-of-way shell ~ re~lred for develo~en~
of re.ired ~urfl ~anes when decried necessa~ by Collier County.
g. Entrance design shall ~ consis~en~ wl~h ~he r~lreaen~s o~
the ~c.
(~xot~c-fre~) plan for th~ ~e ~hall ~
~lannl~g ~nv~ron~e~t~l ~vle~ ~ff for ~vl~v
to fl~al ~l~e plan/ccn~tructlon plan approval.
~. An a~proprlat~ portion of ~h~ natlve v~g~atlon ~h~ll
retained on site as required tn Section 3.9.5.5.4 CC~, as
anended.
J. The landscape buffer along the east s~¢e of the project site
shall be vegeta=ed to achieve an e~ghty (80) percen= opacity
ra=~ng within one year of the date of this approval.
BE IT F~THER RESOLVED that this Resolu~ion ~ recorded ~n the
minutes of th~s Board.
This Resolution adopted after motion, second and maJori=y vote.
Done th~s day of __, 1997.
B0~ OF ZONING APP~LS
COLLIER CO~TY, F~RIDA
TIHO~Y L. ~COCK,
14
16
17
19
2O
21
28
27
2~
29
3O
31
33
34
PAGE 3
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FOPIM AND
LEGAL SUFFICIENCy:
ASSISTANT COUNTY ATTORNEY
CU-96-26 RESOLUTION/18839
MAR 2 5 1997
FINDING OF FACT
BY
COLLIER COUNTY PLA~;NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2, 2.2.4.3.3 and 2.2.4.3.4 of the Land
Devlopment Code authorized the conditional uses.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the sane district or neighborhood
because of:
Consistency with the Land Developnent Code and
Growth Hanagement Plan:
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
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated by
__ Affect c~nnot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval .
DATE: CHAIRMAN:
FINDING OF FACT CHAIRMAN/19241
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2, 2.2.4.3.3 and 2.2.4.3.4 of the Land
Devlopment Code authorized the conditional uses.
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 Develbpment 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 ingr~s~/& egress
Yes V No
Affects neighboring properties in relation to
noisF, glare, economic or odor effects:
No affect or__Affect mitigated by
__Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use wit~iydistrict
Yes ~'No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should ~ be
ou d. be
recommended for approval .~/!-
DATE:~ CHAIRI~N:
FINDING OF FACT CHAIRMAN/19241
Exhibit "A"
MAR 5 1997
FINDING OF FACT
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
me
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ae
Consistency with the Land Development Code and
Growth Management ~
Yes No
Ingress and egress to property and prpposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & .e~r~ss
Yes A/No
Affects neighboring properties in relation to
noise3._glare, economic or odor effects:
~-- No affect or Affect mitigated by
__ Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~" No
Based on the above findings,
with stipulations, (copy attached)lshould
recommended for approval.
DATE:
FINDING OF FACT MEMBER/19241
this conditional use~'
]ed ~should no]~).b~
AG£ND& I~1~
.. MAR 2 5 1997
FINDING OF FACT
BY
COLLIER COUNTY PLA/;NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
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:
Be
Consistency with the Land Development Code and
Growth Management pl~ja:
Yes No
Ingress and egress to property and prgposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:__
Adequate ingress & e~ess
Yes
Affects neighboring properties in relation to
nois/J glare, economic or odor effects:
.~/ No affect or __ Affect mitigated by
__ Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the distr~ct:
Compatible use~ithin district
Yes VNo
Based on the above findings, this conditional use should
with stipulations, (copy attached)
recommended for approval
/ /
FINDING OF FACT MEMBER/19241
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ae
Consistency with the Land Development Code and
Growth Management Plan:
Yes .~ No
Ingress and egress to property and proposed
structures thereon with particu~ar reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~)~ No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes y No~
Based on the above findings, this conditional use should,
FINDING OF FACT MEMBER/19241
MAR 2 5
FINDING OF FACT
BY
COLLIER COUNTY PLA~NING COHMISSION
FOR
A CONDITIONAL USE PETITIO~'T
FOR
CU-96-26
The following facts are found:
e
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ae
Consistency with the Land Development Code and
Growth Management Pla~:
Yes ~ No__
Ingress and egress to property and proposed
structures thereon with particular re~erence to
automotive and pedestrian safet~ and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes %/ No
Affects neighboring properties in relation to
nois~, glare, economic or odor effects:
~ NO affect or Affect mitigated by
Affect c~nnot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use ~;ithin district
Yes ~/' No.
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval . ~_~/~ ~ . ~
FINDING OF FACT MEMBER/19241
IlAR ,e 5 1997 /
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COHMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and prgposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should,
recommended for approval~~'~',, ~
FINDING OF FACT MEMBER/19241
AG£ IT
FINDING OF FACT
COLLIER COUNTY PLA~ING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
1. Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
2. Granting the conditional use will not &dYersely &ffe=t
the public interest and will not adversely effect other
property or uses in the same district or neighborhood
bgcause of:
A. Consistency with the Land Development Code and
Growth Management P~n:
Yes _~___No__
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress &/Fgress
Yes .~___No __
C. Affects neighboring properties in relation to
noise~/~lare, economic or odor effects:
____~ No affect or __ Affect mitigated by .-
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use~within district
Yes V' No
f~ this conditi~/~l use should
Based on the above s, ,
with sti. pula . . . or) be~
FINDING OF FACT MEMBER/19241
FINDING OF FACT
BY
COLLIER COUNTY PLA~ING COM~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-26
The following facts are found:
Section 2.2.4.3.2., 2.2.4.3.3 and 2.2.4.3.4 of the Land
Development Code authorized the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the sane district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Mana~.
'No______
B. Ingress and egress to property and prgposed
structures thereon with particular reference to
automotive and pedestrian safet~ and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingr,~~..ress
j No
C. Affects neighboring properties in relation to
noj~.~----~re~-~conomic or odor effects:
(~c No affe~ or Affect mitigated by
' ~fect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compat~within district
Based on the above findings, this conditional use should,
with stipulations, (copy att-~should not) be
reco~ended for
DATE:
FINDING OF FACT MEMBER/19241
MAR 9 5 1997'
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 2S, TOWNSHIP 48 SOUTH, RANGE 2S EAST,
COLLIER COUNTY, FLORZDA.
FROM THENORTHWEST CORNER OF SAID NORTH 1/2 OFT HE $OUTItWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION, RUNS 89'12'25" B, A DISTANCE OF
100.0 FEET TO ~ P.O.B.
THENCE CONTINUE S 89e12'25· E, A DISTANCE OF 452.88 FEET TO A
POINT; THENCE RUN S 00e08'12" E, A DISTANCE OF 29?.03 FEET TO A
POINT ON A CURVE; THENCE RUNSOUTHWESTERLYALONGTKEARC OF A CURVE
TO THE LEFT, 101.01 FEET TO THE PT, SAID CURVE HAVING A RADI'US OF
223.18 FEET, A DELTA OF 25°55'$3", A CHORD 0~.100.15 PT. ET BEARING
S 58046'03" W; THENCE, RUN S 45°48'07" W, ALONG A RADIJtL LINE, A
DISTANCE OF 275.17 FEET TO TF2~ PC OF A CURVE; THENCE RUN
NORTHWES~Y ~NG ~ ARC OF A CURVE TO TH~ LEFT, 190.22 FEET TO
THE PT, SAID CURVE HAViNG THE RADIUS OF 237.93 FEET, A DELTA OF
45"48'21", A CHORD OF 185.19 FEET BEARING N 67*06'03" W; THENCE RUN
N 00'00'14" W, ALONG A RADIAL LINE, A DISTANCE OF 475.00 FEET TO
THE POINT OF BE~INNIN9 AND CONTAINING 200,142.30 SQUARE FEET OR
4.5946 ACRES MOPE OR LESS
PARCEL A, UNIT 2, FOUR SEASONS, AS RECORDED IN PLAT BOOK 12, PAGE
6, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 18,465 SQUARE FEET OR 0.424 ACRES MOPE OR LESS.
~hibit
ii
PETITION A-97-1, MR. JAMES H. SIESKY REPRESENTING FALLING WATERS
DEVELOPMENT CORPORATION REQUESTING AN APPEAL OF A COLLIER COUNTY
PLANNING CCHMISSION'S DENIAL OF A TEMPORARY USE EXTENSION FOR A
MODEL SALES CENTER, DENIED ON JANUARY 16,1997, FOR PROPERTY
LOCATED AT 6562 TRAIL BOULEVARD.
O~JECTIVE: The objective of this appeal is to determine whether
the Collier County Land Development Code-Section 2.6.31 was
properly applied in the subject case.
CONSIDERATIONS: On January 16, 1997 the Collier County Planning
Commission heard and denied a Temporary Use extension petition
(TU-96-7E) applied for by the Falling Waters development
Corporation. The Temporary Use Permit was originally issued on
June 1"~, 1995, and will expire June 1", 1997.
Collier County Land Development Code Sec. 2.6.33.4.1. authorizes
staff to issue Temporary Use Permits for model homes or model
sales centers for a period of 24 months. Extensions beyond the
initial 24 month permit may be granted for a maximum of three (3)
years by the Collier County Planning Commission.
This model home is not intended to market or promote single
family residential development within the neighborhood. It's sole
purpose is to market and promote multi-family developments in
East and North Naples. As a result of this, the Land Development
Code was amended to prohibit similar temporary uses in the
future.
The Collier County Planning Commission heard this petition on
January 16, 1997. At the CCPC hearing the applicant agreed to
cease the sales operation at the end of 1997 if the Planning
Commission extended the permit until the end of 1997. The
Planning Commission after a debate denied this request by a vote
of 3-4.
Attached to this report is a copy of the verbatim minutes of the
CCPC meeting.
STAFF REC~~ATION: That the Board of Zoning Appeals uphold the
Collier County Planning Commission's denial of TU-96-TE.
MAR 5 1997
I~I~PARED BY:
CHAHRAH BAD~TCHI~N, Ph.D. , AICP
SENIOR PIANNER
DATE
REVIEWED BY:
· MULHERE, AICP, MANAGER
CURRENT PLANNING
~ON~ ,. ~OL~, ~P, ~R~.~O~
-VINCENT A. CAUTERO, ~IST~TOR
COMITY DEVELOPHENT & E~IRO~ENTAL SERVICES
DATE
DATE
2
MAR S 5 1997
JAlVI~S A. PXLON, P~.
~oard C, erttJled Rea{ Estate Attorney
{AM]~S H. SI]ZSKY, P.A.
DOUGLAS A. WOOD, P.A.
SlESKY, PILON & WOOD
· par~m~p ot pm~.~at a#ocut~s
A'TTO~S AT LAW
.'. fl 7-1
SUITE 201, THE FAIRWAY BUILDING
1000 TAMIAM1 TRAIL NORTH
NAPL~, FLORIDA ~102
JanuaD'31,1997
RFCF_[VED
FEB 07 E97
IX. vclopmcn! Sen'icc.,, ])ircclnr
('oilier ('ounty
2800 N J lor,¢.qm¢ I)r~x'¢
Napl¢,,. I'1 341114
RI:: Appeal of Planning (,ommission Decision Regarding Falling ~&'aters Model
ilome I.(,eated on ()Id 'Frail Boulevard
I)¢-,7
l",fllm[, ~\,tl¢~', I X.'xch,pmcnt ('(,rp,,r.m,.,r, hcrd~> appc,d~ thc deczs,on of'thc t'olher CounD'
Plalulmk, ( 'nmm~,~)tm which tP~appr, wcd il~ re, lUC,l In cxlcnd Ibc u~ ol'pro~' l~aled
6562 'l'rad Itouicx.ml as a mt~icl home l~nclo~ed ~ thc required $200 O0 t~c a~s~ialed
w;lh th~ ;~ppcal
'{'h,mk x(,, f}~r y(mr allcnhon lo Ih~ matter Il'yon have any qucqmn,~ or concern.,.
colll;lcl 111,2 al yotlr COIlX'¢IliCrlC¢
Sincerely yours.
csky
~tr. Badam=chian. _
MR. BADAMTCHIAN: Good morning. Chahram Badamtchian for
planning services staff. The Falling Waters develo~=nent, they own &
mo~el home on Trail Boulevard across the street from Pelican Bay. It
was built almost two years ago. On June 1st it's going to be two
ye~ra, and they are requesting a three-year ex=ension of their
=e~morar~use permit for =ha= model home =here. Since this mo~el home
was built, our code has changed. Now we require =hat no~,
&lAi 5 1697
January 16, 1997
built where they can build and develop the lot in accordance with that
model home.
Basically this is a multifamily model home unit, and the
area is a single-family area -- single-family zoning d/strict. I have
received three letters in opposition to this'request, and there's also
some problem with the code com -- code compliance services. They have
a design which is denied by the Board of Zoning Appeals, and they went
ahead and built the sign without a permit. Staff reccm~ends that this
CCPC denies this request.
CHAIRMAN DAVIS: Mr. Thomas.
MR. THOMAS: If we deny this request, what are they to
do then?
MR. BADAMTCHIAN: At this moment -- they can appeal.
MR. THOMAS: No, no. We deny the request, the Board of
Zoning Appeals denies the request, then what happens to that
multifamily structure sitting in the single-family residential?
MR. MULHERE: Well, first of all, they wouldn't be able
to use it as a model anymore; so all the signage would come down, and
they wouldn't be able to use it for that. They can either move the
structure or sell it, renovate it and/or sell it to be renovated so
that it functions as a single-family home, you know. It's -- have you
been by there?
MR. THOMAS: No.
MR. MULHERE: Okay. You know, I mean, I have not been
inside of it, but from the outside appearances it looks to me like it
probably could be either renovated or created to function more like a
single-family home from the outside appearance.
CHAIRMAN DAVIS: Any other questions?
- -Kll right. Would the petitioner like to make a
presentation?
MR. SIESKY: Jim Siesky representing Falling Waters. I
think it is basically a single-family home. There's only one dwelling
there, as I recall. I've been inside, and there are two outbuildings
that would be garages. But other than that it's a single-family
dwelling Just built on the style of a Falling Waters condominium.
As I read the code, this -- the Planning Commission has
several things to consider when it makes its decision here. First is
the number of existing model homes or model sales offices in the
~mmediate area, and according to the report, there are none. This is
probably one of the last of the breed on Trail Boulevard.
Second is the classification of the right-of-way where
the mobile home -- excuse me -- model home fronts. And while we know
Trail Boulevard is really 01d 41 and what you're really fronting is '
41, everybody sees it as you drive by. The character and makeup of
the surrounding area, it's all single-family; we know ~hat. It has
been for a couple of years. The potential effect of the model home on
adjacent surrounding properties -- well, I think this falls in line
with No. 5, and that's the existence of complaints.
~.y hc~se -- you probably have the plat map there. My
house is at Lot 26 on Caribbean Road, and we never notice this .hou.se.
My -- my neighbors have never mentioned it to me. You hay
Page 9 MAR 2 5 1997
PI.
January 16, 1997
com~laint from somebody at 147 Caribbean Road, Denise Hale, but ~hat
must be nomewhere -- must be Lot 21, 22, or 23. Lot 24 is vacant; so
I don't see how that would affect any sale. Matter of fact, none of
~he complaints ~hat you have received of ~he three co~lain about,
it°s loud~ it's lighted too much~ it's otherwise offensive. The only
complaint is it's a model home in ~his area. And if you've been here
for any period of time, you know we've had mo~el homes on Trail
Boulevard for 20 years. That's how long I've been here.
I've also spoken to Albert Hubschman, and ~hey have
purchased a parcel of property up near Audubon. It's going to be
developed as Falling Waters North Preserve, and he intends to ~ut a
model on that location. And what he requests is to amend ~xis request
from a three-year application to not later than ~he end of ~his year
-- the end of 1997 or whenever he has his permanent structure
available at Falling Waters North Preserve, whichever comes first. He
will then terminate the use of this structure as a model home.
CHAIRMAN DAVIS: Mr. Siesky, you talk about the models
along 41, and my observation is, traditionally, they have been -- it
certainly has been 'model row' going back to the Michigan Home days.
But they have been single-family home models designed for the
surrounding area, where this is not the case with Falling Waters.
MR. SIESKY: I don't dispute that, but at the time I
believe Mr. -- or Chahram -- I'm not trying the last name -- Chahram
said that the code was changed because of this model home. At the
time it was put in there, it was permissible, and now it's been made
clear that you cannot put a model home that would not serve this type
of a subdivision.
CHAIRMAN DAVIS: Okay.' Mr. Thomas.
-~R. THOMAS: I am confused. I don't mind telling you
I'm confused. It looks like a single-family dwelling, according to
what you said, Mr. Mulhere. It is a single-family dwelling, according
to what you said. Now, I don't understand.
MR. MULHERE: Well, it's -- it's -- it's -- it's really
a question of what the intent is. The -- the code allows you tq have
a sales facility within a subdivision for the purpose of marketing
~hat product within the subdivision. The cod~ does not allow you to
build a model home for the purpose of marketing a multifamily project
15 m/les away.
CHAIRMAN DAVIS: Mr. Nelson.
MR. MULHERE: That's it in a nutshell.
MR. NELSON: I guess ~hat was going to be the point I
was going to emphasize. It seems that simple to me, that if, in fact,
we have changed the code and/or -- not changed. But if, in fact, the '
· code indicates something ~hat isn't in existence on this particular
site and it comes up for extension, that's our opportunity to deny it
and get back on track. We can't be extending things that are against
code, I don't think.
MR. SIESKY: Well, I would differ with you, because
~uless ~be terms of the extension of a temporary use have been
MS.
there are only five things for this com~nittee
STUDENT: If I might, Marjorie Student, assis~an
January 16, 1997
county attorney, for the record. N.r. Siesky's correct. You're going
to be guided by the five considerations in the case expressed and
analyzed in the staff report. And there may be something in one of
those criteria that could -- you know, where you might be able to get
to, well, if the code doesn't allow it anymore, then it may be because
of some compatibility issue or something that the code was changed. I
don't know. That's a finding based on the testimony presented today
that you' 11 have to make.
CHAIRMAN DAVIS: Okay.
MR. OATES: Mr. Siesky, you state ~hat Mr. Hubscb-~n and
Falling Waters people would be willing -- would ask for an extension
no longer than December 31, 1997, and sooner than that if they get
their model completed in the Audubon area?
MR. SIESKY: Yes, sir. I want to ~ke you understand
the model we're talking about is not a sales trailer, but an actual
model being constructed, that's true, which would, in effect, be at
the most a six-month extension rather than three years.
MR. BRUET: One thing I would like to point out in that
d/scussion, I think that building, if we remember back, was built in
about 30 days; the wall, the landscaping. I mean, it was really
something to behold. If you're considering giving him time to get out
of there, he can do it in a lot less than one year. That would be
what I would throw out there.
MR. OATES: Has he closed on the property?
MR. SIESKY: No, sir. The closing has not yet taken
place.
MR. BRUET: Okay.
CHAIRMAN DAVIS: Any ~ther questions of staff, the
pe~ibner? Mr. Thomas.
MR. THOMAS: I'm -- I'm sorry, fellows. I'm Just having
a real problem. If there's a problem, I'm trying to see as people
drive in who live there who visit the area, how are they negatively
impa. cted by this operation. And the only thing I've seen in anything
you've said to me is the question about some signs put up that weren't
supposed to be put up, which seems to be a code enforcement problem
~h~t can be dealt with.
MR. WJLHE~: I look at it this way. A temporary use
permit is a special use that's permitted, not a use by right, and we
a~nistratively grant the authority for a temporary use permit up to
two years. Beyond that there's a reason why you need to go to the
Planning Commission and beyond that to the board for approval. And
the board in, I think, two Land Development Code cycles ago, about a
year ago, amended the code because, they wanted to make the pUrl~ose ancT
· intent clear of -- in locating a model home. The -- the idea of
locating a model home in a neighborhood to market a product that isn't
even located in that -- in that subdivision or that neighborhood is
not permissible. Marco Island, you know, is a single lam -- lot of
single-family products. You have model homes in a lot of different
locations, but basically those are marketing those single-family
Drc~ucts throughout the island. I guess, you know, the comparison
w~uld be, you know, within a single-family subdivision, o ~
:Page MAR 2 5 1997
January 16, 1997
~he construction of a multifamily product to market it because of the
visible -- the exposure that that location offers to market something,
you know, tha~ may be located much further away. You are going to
bring addi~ional traffic into the neighborhood that you o~herwise
wouldn't bring in based on that premise.
So, you know, I -- I recognize that it's not exactly a
black-and-white issue, and it comes to purpose and intent. And we've,
I think, gone abou~ as far as we can in changing the code to make it
as clear as we can. I Just -- this comes right out of ~he code,
· Model homes located within residential zoning districts or within a
residential component of a PUD shall be restricted to the promotion of
a product or products permitted within the residential zoning district
or PUD.' That doesn't say -- it says marketing. And the point is
r. hat, you know, Falling Waters is not marketing -- Development
Corporation is not marketing single-family homes, although ~heir model
home is located within a single-family subdivision. They're marketing
products that they are building in Falling Waters Development
Corporation in East Naples and down on 951 heading towards Marco
island there, the Beach -- Beach Club -- Beach Resort. So, you know,
our opinion is that it's not appropriate.
MR. THOMAS: What about the middle-road position that
they're coming up with, Just to keep it long enough for ~hem to get
another office built further up the road?
MR. MULHERE: Well, that's the first that we heard of
~hat. I'll tell you what, that probably -- practically speaking, if
-- if they wanted to challenge your position on this and appeal it to
~he board and then still go to code enforcement, it probably would
~ake that long before we could force an issue anyway. If they're
willing to acquiesce within a certain a period of time, that's a
consideration, I think, a valid consideration. MR. THO~S: Okay.
CHAIR14AN DAVIS: Mr. Nelson.
MR. NELSON: Yes. Again, I think my objection, because
it isn't serving the neighborhood, actually falls on the fourth.or the
fifr, h of the five criteria in that is it compatible with the
neighborhood. It's offset. In other words, when there's a model
home, there's always a negative effect on a neighborhood, but it's
offset by the positive side that it's selling homes in that
neighborhood, and that's a good thing, to get the homes sold. This
has no negative offset.
But I'd like to -- Mr. Siesk%,, it was also brought up
~hat your company put up signs after the Board of County Commissioners
indicated you could not. Did you explain that? ·
MR. SIESKY: Sure. We have sued -- Collier County did
not file suit. The Hubschman's did file suit for declaratory judgment
to see whether or not ~hat was appropriate action by the Board of
County Commissioners, and that's still pending.
MR. NELSON: But while you were waiting for an answer,
you put the signs up?
MR. SIESKY: I think it's unrelated to this.
~(R. B~%r~T: Yeah. I don't get the connection.
Page 12
~o.
MAR 5 1997
P~. ~
January 16, 1997
MR. NELSON: It had to do with the complaints with --
In other words, the staff indicates we had numerous complaints and
this &1so --
MR. THC~AS: It boils 4own to that they take an issue
with a rule that the county made, and they're fighting that in a legal
situation. We cannot deal with ~bAt at this particular point. I
don't even see that as a form of a com~laint.
CHAIRMAN DAVIS: Any other questions of the potitioner?
Mr. Wrage.
MR. WRAGE: I don't have any questions, just -- X wrote
down here I have a problem with the three years, but the option that's
been offered, I had already wrote one year before I even heard that.
And that's what I would th~-k. I certainly agree with Mr. Mulhere
that if they go through the process, it's going to take long anyway.
If they're willing to agree to no later than December 31st, I would
certainly entertain that.
CHAIRMAN DAVIS: Okay. Thank you, Mr. Siesky. Anyone
else that would like to speak on the issue? While Miss Barker's
coming up, Marjorie, did you have a comment?
MS. STUDENT: Again, Mr. Chairman, just because we need
to support the record with some findings, whatever the commission's
decision may be, whether it's a motion for or against, I need you to
state with particularity what the reasons are for it. Thank you.
MR. DAVIS: Thank you. Ms. Barker.
O MS. BARKER: Yes. For the record my name is Sally
Barker. I'm a resident of the Pine Ridge subdivision and a neighbor
of the Falling Waters, quote, Model Center, unquote. I would like to
register my objection. I wrote a letter, which is probably included
iff ~b~r packet, but I think I need to tell you a few other things as
well.
Two years ago when that model center went up, it did so
-- when it did so, it generated a great deal of controversy within
the subdivision, a lot of negative comments, not only because of the
way it was built. They built it past normal construction hours,, on
Sunday. Every ordinance that you can name governing construction,
they probably violated to build it.
Anyway, it became such a contentious issue that Harrison
Hubschman attended the July meeting of the Pine Ridge Civic
Association general membership. At that meeting Harrison Hubschman
promised that when the temporary use permit expired in July 1997 that
model center would be gone. And now we hear they're asking for
another three years. Frankly, it's just another one in a long chain
of broken promises. ·
The neighbors, many of whom would like to be here today
but cannot because they either work or they're retired or whatever,
object to the model center on a number of bases. You have to
understand what this thing looks like. Fortunately, they've done some
very heavy landscaping; so you can't see it that well from Trail
~oulevard. But what they have done is they have taken a group of
nu/~ifmauily units and sliced off one and built that. So ~ ;a-~ .....
is a v~ry long, narrow unit. For example, one wall, I thi %k,
Page 1:3 MAR 2 5 1997
PAl._
January 16, 1997
feet -- maybe it's longer than that, 45 feet -- with no windows,
because it would be the internal wall next to the unit next to it. So
it's not really suitable as a single-family home. It would take a
great deal of renovation or addition to make it suitable as a
single-family residential home.
It's -- it's a condo unit, is what it is, standing by
itself. And, frankly, it's ugly. They have garish lighting at night
that is -- well, you can see up and down U.S. 41 if you try. The
signs, as we've already been through, are in violation. Frankly, it's
just not a good situation for the Pine Ridge subdivision, which has,
you know, been stuck with this thing for two years. And, God help us,
we don't want another three. Thank you.
CHAIRMAN DAVIS: Thank you, Miss Barker. Anyone else to
speak on this subject?
Close the public hearing.
MR. OATES: I would move that we deny Petition TU-96-7E
as submitted and based upon the applicant's changing, that we allow
this model to continue through and no later than December 31, 1997,
and sooner if they close on the land and build a -- a model unit in
the Audubon area.
MR. THOMAS: Second.
MR. DAVIS: Made by Mr. Oates, second by Mr.
Thomas. In the way of discussion, it strikes me, having observed --
and I think Mrs. Barker put it succinctly, that that's all it is; it's
a slice out of a condominium. I -- I -- I just -- I can't vote for
the motion, because it -- in my mind, the criteria of combustibility
isn't anywhere close to being met. Mr. Nelson.
MR. NELSON: I feel the same way. I can't support it
ei~L~fef, especially since we've pointed out that that a~roximate time
frame would be available to them in the appeal process that's there.
I don't think there's any compatibility here either.
MR. BRUET: Mr. Chairman, I've always looked at it as
sort of commercial operation within a little residential community. I
never thought it was very appropriate, and I would have trouble.
supporting the motion also.
MS. STUDENT: Mr. Chairman, just to clarify the record,
when we speak of compatibility, would you mind identifying for the
record of the five criteria listed, would that be -- what one that
would be.
MR. NELSON: It would be No. 4 for me.
MS. STUDENT: Okay. Thank you.
CHAIRMAN DAVIS: Any other comment on the -- Mr. Oates'
motion?
All those in favor signify by saying aye. Excuse me.
Why don't we go down -- I think we probably got a split vote here; so
we'll begin up at this end by Mr. Nelson.
MR. NELSON: Nay on that if that is what you're asking
CHAIRMAN DAVIS:
HR. BUDD: No.
MR. BRUET: No.
for.
Yes.
Page 14
MAR 2 5 1997
January 16, 1997
MR. THOMAS: Yes.
CHAIRMAN DAVIS: No.
MR. OATES: Yes.
MR. PEDONE: Abstained.
CHAIRMAN DAVIS: Oh, that's right. We've got 3 yeses
and 4 nos. So that motion fails. Is there another motion?
MR. BRUET: Mr. Chairman, I recommend that we move
forward and support the staff's opinion for a denial of TU-96-TE on
the grounds that it is not compatible with the surrounaing co~unity
and that it is a -- plus it also does not com~ly with the current Land
Development Code, Section 2.6.33.4.1.
MS. STUDENT: Mr. Bruet, could you be a little more
specific on which one of the criteria that you are a11uaing to.
MR. BRUET: Well, No. 4 is the hDC requirement, and No.
5 deals with the com~at~ility issues.
MR. BUDD: Mr. Chairman, I second that motion.
CHAIRMAN DAVIS: Moved by Mr. Bruet, seconded by
Mr. Budd. Any discussion on that motion?
MR. OATES: Well, Mr. Chairman, I will not be able to
support that motion. It seems to me that we had a solution where we
could resolve the problem for all concerned, including the people in
Pine Ridge, if there is a problem. And we're taking an approach I
don'c think that will, in the long run, do the county, the people of
Pine Ridge, or the developer any good.
CHAIRMAN DAVIS: I think in the case of a developer --
and we often see this before that's gone out of their way to work with
the con~nunity that they're.in that might be the case. My observation
is that that certainly hasn't been the case this time.
-MS. STUDENT: I Just -- well, I guess -- I guess to No.
5 about the existence of the complaints.
MR. NELSON: Or may have absolutely nothing to do with
it.
MR. T~OMAS: My thought on that situation is this, that
through a change in our rules is the reason why this is no longer
allowed. That's the first thing I'm dealing with. The second ~iece
is that unless we're going to force them to dynamite the building
after we deny this, the building is going to still be there; and
they'll probably even find somebody to buy that building and live in
that building. So we haven't changed the appearance. All we've done
is taken down some signs and maybe changed the lighting on the
building. We have a micklle ground that we can take, and that is to
give them until '97, December 31 or whenever they get CO'd for the
other sales office, whichever comes sooner, which avoids a lot of '
manpower on the part of the county to go on and deal with an appeal
and all the rest of the issue that we have to deal with. It just
se~m~ to me it makes best economic sense to go on and give them a
short-term renewal and let this thing go away.
CHAIRMAN DAVIS: Any other discussion on the motion?
~R. ~U~T: I would just like to point out, Mr.
~airman, that, you know,
when we change the Land DeveloDm~t
Page 15 /
MAR 2 5 1997
over time, it's usually changed because that's whaC the community
wants, e31d I Chink Chac's Che case here.
CHAI~20~NDAVIS: Anybody else? Mr. Wrage.
MR. W~AGE~ Just to ely I can't support the motion.
~. Oitll lli~ It verM elegantly. X can't repeat Chat.
CHAIRHAN DAVIS: All right. ~ec's have a roll-call vote
a~ain starting wiCh Mr. Nelson.
MR. NELSON: Aye. I'm in favor.
MR. BUDD: Yes.
MR. BRUET: Yes.
MR. THOMAS: No.
CHAIRMAN DAVIS: Yes.
MR. OATES: No.
HR. WRAGE: No.
CHAIRMAN DAVIS: So we were 4 Co 3. ThaC motion passes.
MAR 2 $1997'
AGENDA ITEM
COLLIER COUNTY PLANNING COMMISSION
FROM: COlD, UNITY DEVELOPMENT SERVICES DIVISION
DATE: December 19, 1996
RE: TU-96-TE MODEL HOME TEMPO~J~RY USE PERMIT EXTENSION.
OWNER/AGENT=
Owner:
Falling Waters Development Corporation
6562 Trail Boulevard
Naples, FL. 34108
REOUESTED HCTION~
The applicant wishes to obtain a three (3) year extension of a
model home permit issued for the property described below. This
permit will expire June 1, 1997.
GEOGRAPHIC LOCHTION;
This model home is located at 6562 Trail Bouievard, and is
further described as Lo= 39, Block "C", Pine Ridge, Collier
County, Florida.
The Planning Commission may ei=her approve, approve with
conditions, or deny any request for extension beyond the time
permitted within Sec. 2.6.33.3.1 or 2.6.33.3.2 of the Land
Development Code· The Planning Commission's action shall be based
upon the following considerations.
L. The number of existing model homes or model s&les centers
within the immediate area of the extension request,
There are no other model homes within the immediate vicinity
of the ~ubJect model home.
2. The classification of the right-c£-way~e~ upon which the
model home or model eal~s ~enter ~ronts.
The subject property is located on Trail Boulevard which is
classified as a local road.
The character and make-up of the area surrounding the model
home or model sales center.
MAR 5 1997
IOU~YA~O
AS!
I
t
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e
The model home is located in a single family neighborhood.
There is a mixture of single family residences and vacant
single family lots.
Tho potential effect of the model home or model sales center
on &d~ecent and surrounding properties.
In the opinion of staff, this model home is not intended to
market any residences or promote any residential developments
within the neighborhood. This is an off-site model/sales
office for several developments in East end North Naples.
This model sales office would not be permitted under ~he land
Development Code. The LDC SEC. 2.6.33.4.1. states
homes located within residential zoning district, or within a
residential component of a PUD shall be restricted to the
promotion of a product or products permitted within the
residential zoning district or PUD in which the model is
located..". This model/sales center is located within a
residential single family district and is intended to market
and promote multi-family residential units.
The existence of complaints relating to the use of the model
home or model sales center which is the subject of the
extension request.
Code Compliance services has received a multitude of
complaints from the residents of the subdivision. Most of the
complaints were generated because of illegal signs.
The Board of Zoning Appeals heard and denied a sign variance
to install 2 signs at the entrance to the model home on
9/12/1995 (SV-95-3). After the denial of the variance the
developer installed those illegal signs without a building
permit. This case is scheduled to be heard by the Code
Enforcement Board; however, no date has been set as of today.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission deny
TU-96-7E. Staff's recommenda'~!on is based in the following facts:
The LDC will not allow a similar model home today. Model does
not display typical units available for sale within the
subdivision.
2- There are several complaints regarding this model home.
3- The developer with a total disregard to the Board of Zoning
Appeals unanimous decision not to allow two model home signs,
installed those signs
4- Developer installed signs without a proper buildi
-2-
m III I III
PREPARED BY =
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
' ~RT J. MULHERE, AICP, MANAGER DATE
CURRENT PLANNING SECTION
"--"
DONALD-W. ARNOLD, AICP, DIRECTOR DATE
PLANNING SERVICES
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMI~JNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: TU-96-TE
Staff report for January 16, 1996 CCPC meeting.
Collier County Pl~ng Commission:
MICHAEL A. DAVIS, CHAIRMAN
-3-
AGE D
No. ~
MAR ~ 5 1997
~PPLICATION
TEHPOI~JtRY USE EXTENSION
MODEL S~LES OFFICE
-"-':t OJECT REVI?' ' '
The purpose of ~his application is ~o provide a me~hod by ~hich
~emporary use peraits authorized for a model sal&~-'~ff~e may be
ex=ended beyond ~he initial two (2) year period as provided at Section
2.6.33.4.3 of the Collier County Land Duvelopment Code.
Naue of Applicant (Person, FArm or Corporation)~
CORPORATION Phone No. 774-6961
A~are=3 c~ Te=pc.-a.--i Ute 6562 TRAIL BLVD. ·
~e e · ·
_ :. i Descrigtion of ?roperty (Lot No & ?!a~ Na--e)~ A.
Business or ?roject Name (If not sane as
CORPORATION ~hone No. 774-6961
Nu.-~ber of Years for ~hich Extension is Requested (Maximum 3 yea.-s):._l--
Reason for Extension (Describe the extent of develop-~- ent and
development remaining) T~e mode! ce~er is used as a el
F~ Wa~ers Beach ~esor~ F 1' W ' '
that it will take at least three years %o build out these developments.
nb/$27
Lot 39~ Block 'C' of P£ne R£dga Subd£v£s~on,
as recorded ~n the off£ce fo the Clerk of
C£rcu~t Court £n Plat Book 3, Page 24, of
Publ£c Records of ¢oll£er County,
CO~LZ F..lt COUt~'~
~G?ORA~¥ USE I~ERKZ~ ]~OR
"~ODEL ;OHZS ~ HOD£T. SALZS OI~ZCES"
MODEL HOMZ___.__ HODEL SAT.,ES OFFZCE X (PLZASE CH~CK Oh'Z)
3.
4.
5.
6.
7.
8.
LOCATION :~
ZONING DESIGNATION OF THE SITE: RSF-1
SUBDIVISION NAME: __~i~_~S~R__ .----
SDP $ (IF APPLICABLE)
BUILDING PE~IT
C~RTIFICATE OF OCCUPANCY # (IF ON~ ISSUED):__
DATES OF OPERATION:
HOURS OF OPERATION: 8:00 a. ·
APPLICANT ' S NAME: Fa' w a
APPLICANT' S ADDRESS: 7200 Davis Blvd.
Na~
APPLICANT' S TELEPHONE NO. :~
Agreement:
By acceptance of this permit, applicant agrees
to defend, hold-harmless and indemnify Collier
County and its agents from any and all liability
which may arise of the iss%a?~e of this permit.
Applicant/Agent
Date: /
-l-
MAR 5 1997
Note:
Cogn=y
Date:
P. EC~iPT NO.
Model homes and model sales offices shall not be
used for =he offices'of builders, con~.rac~ors,
developers and similar activities.
A Temporary Use Permit issued for a model home
or a model sales office is valid for a period of
twenty-four (2¢) months, any extension beyond
that shall require public no=ica and a hearing
by the' Planning Commission.
Temporary Use Permit issued pursuant ko
information provided by Applican~/Agen=
including sketch plan and may include
stipulations as deemed appropriate by the
Development Services Director of his designee in
accordance with Section 2.6.3~ of =he Collier
Land Development Code.
T~P USE FOR MODEL HOMES APP/md
-2-
AGE f*~A IT~(,
MAR 5 1997
A RF~OLUTION AMENDING RESOLUTION 96-305 TO CORRECT A BCRZVENER'B
ERIIOR IN THE L~GAL DF~CRIPTION TO LAND AREAS REQUIRING AN 8.95
POOT VARIANCE FROM THE REQUIRED FRONT SETBACK IN THE NH ~HiZNG
DISTRICT FOR MARIA BILVA'B PROPERTY LOCATED ON THE NORTH BIDE OF
KATHY LANE IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST.
To correct a scrivener's error in Resolution 96-305 to ~ an
incorrect 1.gal description.
Following approval of V-96-9 and Resolution 96-30S by the Boex~
Of Zoning Appeals on June 25, 1996, Planning Bervices Staff
disoovered that one dimension was submitted incorreotly by the
applicant in the metes and bounds description. Subsequently, the
error was discovered and a correct legal description was
submitted by the applicant.
PZBC~L~ ZMPACT~
None.
aONTN Ma~AG~L'NT IMP&CTl
None.
~BC~IMMEND~TZON~
That the Board of County Commissioners approve the acrivener's
error correction to Resolution Number 96-305.
-1-
MAR 5 19 ?
DATE
RFv'I KWED
CURR~NT PLANNING
PLANN/NG SERVICES
C~)MMUNZTY DEVELO~ & ENVIRONMENTAL SVCS.
EXSUMMARY/SCRIVENER'S ERROR
RVB/rb
-2-
RESOLUTION NO. 97-__
A RESOLUTION AMENDING PARAGRAPH FIVE OF
RESOLUTION 96-305, A VARIANCE, FOR
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S
ERROR IN THE PROPERTY'S LEGA/,
DESCRIPTION.
#K~R~S, the Collier County Board of Zoning Appeals adopted
Resolution 96-305, pertaining to the Variance for Maria Silva approved
on June 25, 1996, and
WHEREAS, following laid action adopting Resolution 96-305, staff
was advised that a dimension in the site's legal description was
incorrectly listed in Paragraph Five of said Resolution by mistake and
constitutes a scrivener"s error.
NOW, THEREFORE BE IT RESOLVED, by the Board of County
Commissioners of Collier County, Florida, that the legal description of
Paragraph Five of Resolution 96-305, is hereby amended, by adding the
corrected legal descriptions to read as follows:
NOW THEREFORE BE IT I~SOL~D BY THE BO~D OF ZONING
~P~S of Collier County, Florida, the::
The petition filed by Stanton Mobile Home
Sale's Inc., representing Maria Silva, with respect
to the property hereinafter desc:lbed
Beginning a: the S~ corner of Sec:ion 12~ thence
0* 00' 00' E, 335.26 feet to the ~lnt In the north
righ:-of-way line of Highway 41~ thence N 54* 36'
00" w 1672.10 fee= along the north
line of Highway 41 to a concrete mon~ent~ thence N
0* 13' 30" E 1046.63 feet to the north line of
Ks:by Lane~ thence N 89* 56' 30" N ~ 532.7~
along the north line of Kathy Lane to the true
Place of Beginning of the parcel herein described~
thence continuing N 89e 56' 30" W 60.00 feet along
the north line of Kathy Lane~ thence N
135.00 fee:; thence S 89e 56' 30"
thence S 0' 34' W 135.00 feet to the true Place of
Beginning of the parcel herein described.
Being situated in Section 12, To,ship 51 South,
Range 26 East, Collier County, Florida.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, secon¢
I Words_~T.~JJLr~A~h are deleted; words
'1--
vote.
MAR 2 5 1997
6
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Il
12
13
16
19
20
21
23
26
27
~ 1997.
BO,~D OF COUNTY COHHXSSIONER$
COLLIER COUITfY, FLOR/DA
ATTEST:
I~IGHT E. BROCK, CLEM<
BY:
TIMOTHY L. It~NCOCK,
APPROVED AS TO FORM ~.ND LEGAL SUFFICIENCY:
~50,1~E M. STUDENT
XSSIST~T COUNTY
Words struck throuah are deleted; wordm
--2--
IlAR S 5 1997'
EXECUTIVE SUMMARY
RELATING TO PETITION NO. CU-96-1, FOR A FIRST EXTENSION OF A CONDITIONAL USE
FOR A CHURCH IN THE RSF-3 ZONING DISTRICT FOR PROPERTY DESCRIBED IN
RESOLUTION 96-192 ADOPTED ON APRIL 9, 1996 PURSUANT TO SECTION 2.7.4
(CONDITIONAL USE PROCEDURES) OF THE LDC.
This petition ~eeks to extend the date by which a conditional use was first approved for a church in ,n
RSF-3 zoning district located as illustrated in the aforementioned Resolution. This is the fir~ extension
request. The Collier County Land Development Code provides for a maximum of three (3) one year
extensions to conditional uses.
CONSIDERATIONS:
The approved development order Resolution 96-192 remains consistent with all elements of the GM:I)
and in particular the Future Land Use Element which provides for churches as conditional uses in all
residential zoning districts. Correspondence from the owners agent advises that members oft,he church
are actively pursuing the steps essential to initiating construction of the church.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
PLANNING COMMISSION RECOMMENDATION:
That a first extension be granted to Petition No. CU-96-] in accordance with the attached Resolution
and Exhibits thereto.
liAR 5 1997'
CHIEF PLANNER
REVIEWED BY:
DONALD W. ARNOLD, AICP
~....~~
DATE
P~G SERVICES DEPARTMENT DIRECTOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
CU.96-1 EXTENSION EX SUMMARY/md
2
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
SURVEYORS, LANDSCAP£ ARCHITECTS, CONSTRUCTION ]VJANAOEP. S
January :31, 1997
Mr. Ron lq'mo
Chief Planner
Community Development and
Environmental Services Division
21100 N. Horseshoe Drive
Naples, FL 34104
Subject: Petition No. CU-96-1 (Ex'tension), Naples New Haitian Church ofthe Nazarene
Dear Mr. Nino:
Thank you for the letter reminding us that the conditional use for the subject property is near its
expiration date. We do wish to request an extension ofthe conditional use. The church members
have purchased the property and are in the process of completing e'cl~tectural drawings for Se
new church. Additionally, the parishioners are actively ~und raising in order to proceed in a timely
manner in the completion of the church building.
A check for the $175.00 processing fee is enclosed. Please let me know when this item is
scheduled to be heard by the commissioners and if you foresee any issues which might negatively
impact its prospects for approval.
Sincerely,
WILSON, MILLER, BARTON & PEEK, INC.
Ba,'bara H. Cawley, A~CP
Associate
Government Liaison
cc: Tom Peek
Rev. Jean Paul
01~U~7- W4'~4ele~.m4~
%%'IL-~OX. ~,IILLER. BARTON ~, PEEK. Ixc. Ne, ~
Bailey Lane. Suite :,N~. Narle,. Florid., 341C5-SS07 · Ph 941-649-4,MO Fx 941-( I-5~R ~ 5 1~7
~"eb Sil~: www.~dsonmdlrt.com E-mad' ~ple~wil~miller.co,
!
2
4
&
'7
R~SOLUT ION 97-__
ltELATING TO PETITION NO. CU-96-1 FOR
EXTENSION OF COND%TIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
I
10 Florida Statutes, has conferred on &ll CoUnties in Florida the power to
!1 establish, coordinate and enforce zoning and such business regulations
12 as are necessary for the protection of the public; and
13 ~H~REA~, the County pursuant thereto has adopted a Land
14 Development Code (Ordinance No. 9~-102) which esCabl~shes
!~ zoning re~ulaCions for ~he zoning of par~icula= d~v~s~ons of
16 County, ~ong which ~s ~he gran=in~ and extending ~he ~ime per~od of
17 Condi~ional Uses; and
W~, on April 9, 1996, =he Board of Zoning Appeals enacted
19 Resolution No. 96-192, ar=ached hereto and ~ncorpora=ed here~n, which
20 granted a ccndi~ional use pursuan~ ~o Ordinance'~0. 91-102, as ~ended,
21 for a chu=ch, on =he below described p=operCy~ and
22 WHE~, S~sec~ion 2.7.4.5 of ~he Land ~velo~en~ Code pgov~des
23 =ha~ ~he Board of Zoning Appeals may ex=end ~he one (1} year
24 period for a condl~ional use which has no~ been co~enced~
25 NOW, THEREFORE B~ IT ~SOL~D, b~ ~he Board of Zoning ~pea!s of
26 Collier Couz=y, Florida ~haC:
27 The wr~=~en reques~ of Barbara Cawley of Wilson, Mille=, Ba=Con
2~ and Peek, Inc., represen~ing Naples New Haitian Church of ~he Nazaarene
29 for ~be firs= of ~hree {3) peri,ted one (1) year ex=enslons, ~n
~ in=eres~ of =he following described proper~y:
31
32
34
Lot 99, Naples Grove & Truck Co., Little Farm 12, as recorded
in Plat Book 1, Page 27, of the Public Records of Collier
County, Florida.
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 96-192, attached hereto and incorpora~ed herein as
-1-
A(~£NDA IT£M~
NO. ~
MAR 5 1997
Exhibit "A", and all conditions agplicsble thereto, is hereby extended
for one sdditional year until Ap=il 9, 1998.
BE IT FURTHER RESOLVED that this Resolution be ~ecorded in the
minutes o! this Bosrd snd in the records of the Petition for which the
extsnsion is gr&nted.
This Resolution &dopted efter motion, second &nd mi~o~ity vote.
Donl this. day of , 1997.
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ATTEST:
D~IGHT E. BROCK, CLERK
BOARD OF ZONING APPEAL$
COLLIER COUNTY, FLORIDA
BY:
APPROVED AS TO FOR~ ~tND LEGAL SUFFICIENCY:
TIMOTHY L. HANCOCK, CHAI~V. AN
HARJORiE M. STUDENT
ASSISTANT CCL~TY ATTOR~%~Y
f/CU- 96-1 Exte.-.s L on/Res
RESOLUTION
A RESOLUTIO~ PROVIDING FOR THE ESTABLISHHL~T
OF A CHURCH, COHDITZOHAL USE 2, IN THE 'RSF-3~
ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPHENT CODE FOR
PROPERTY LOCATED IN SECTION 23, TOI~SHZP S0
SOUTH,, RANGE 25 F~ST, COLLIER COUNT¥~ FLORIDA.
~ERF~S, the I~lslature of the State of Florida ~n Chapter
conferred on Collier County the paver to iltibliah, coordinate end
enforce zOnin~ an~ euch business regulations ·s ·re necessary ~or the
protection of ~he public~ and
~EREAS, the County pursuant thereto hms adopted a Land
Development Code (Ordinance ~o. 9~0~02) vhich includes · Conprehsnsive
Zoning Ordinance establishing regulations for the zoning of particular
geogTaphic divisions of ~he County, a~ong vhich is the granting of
Conditional Uses; and o.
ICHEREAS, the Collier County Planning Co~iselon, being the duly
appointed and constituted planning board for the ·re· h·raby affected,
has held · public hearing after notice aa ~n said regulations nade and
provided, and has considered the adv~sability o~ Conditional Uae
Section~R.2.4.~. in an ~RSF-3" zone fo~ a church on the property
hereinafter described, and has found as · ~atter of fact (Exhibit sA~)
that satisfactory provision and arrangement have been ~ade concerning
all applicable ~atters required by said regulations and in accordance
with Subsection R.~.4.4 of the Land Development Code for the Colli·r
County Planning Co~lssion; and
I~EREkS, all interested parties have been given opportunity to be
heard by this Board in a public ~eeting assembled and the Board
considered all ~atters presented.
NO~, THEREFC~E B£ IT RESOLVED, BY THE BOARD OF ZONi~ ~PPEALS of
'Coll~er County, Florida that~
The petition, filed bY Barbara H. CaWley, ~ICP, DE ~llaon, H~ller,
· Barton & Peek, Inc., representing the Naples New Haitian Church o~ the
Hazarene vl~h respect to the property hs~einafter'descr~bed
~ot 99, Naples Grove & Truck Co., Little Far~ 12, es recorded
in Plat Book 1,~Pege 27, of the Public Records of Collier
Countye Florida.
be and the same is hereby approved for Conditional Use 2 of Section'
2.2.4.3 of the "RSF-3~ zoning district for a church in accordance vlth
the Conceptual Haster P~an (Exhibit ~S~) end sub~ect to the follovtng
conditions:
1. Arterial 1&vel street lighting shall be provided at both
access points prior to the issuance of any Certificates
of Occupancy.
The church shall be responsible for ]~oth northbound end
southbound turn lanes from Beyshore Drive into the
propert~ when requested by Collier County~ The
northbound right turn lane may, hoverer, be deferred
until further site-specific traffic analysis indicates
the need for the turn lane is present.
3. The southbound left turn lane should be a re~uirement of
the buildout development. If further traffic analysis
indicates the need for the left turn lane before the
second phase of development, the lecond phase should be
dependent upon the turn lane being in place prior to the
issuance ol building permits for the lecond phase.
the turn lane is not required until bulldout, it shall
be required to be in place privr to the issuance of any
Certificate of Occupancy for-the second phase.
4. The applicant shall confirm a positive drainage out/ell,
and the adequacy thereoft for'purposes of pro~ect
bulldout. Should the drainage outfall require capacity
improvements, the benefiting parties shall incur a fair
share cost of such improvements.
5. Environmental permitting shall be in accordance Pith the
State of Florida Environmental Resource Permit rules and
be subject to reviev and approval by Current Planning
Environmental Reviev Staff. Removal of exotics shall
not be required east of Constitution Drive unless
required in the vetlands in accordance vlth SF~D
permit.
6. Environmental permitting shall be in accordance Pith the
State of Florida Environmental Resource Permit Rules and
be subject to rapier and approval by Current Planning
Environmental Reviev Staff. Removal oi exotic
vegetation shall be in accordance Pith the Collier
County T. and Development Code.
?. Prior to Final Site Development Plan approval the
Petitioner shall submit a ~anagement plan pursuant to
Collier County Land Development Code, Section
8. All conservation areas shall be recorded on the plat
vith protective covenants per or similar to Section
?04.0t of the Florida Statues. Conservation areas shall
be dedicated on the plat to the pro~ect~s ovner
entity for ovnerihip and ~aintenance responsibilities
and to Collier County Pith no responsibility for
~aintenance. . -. ~ · ' .... '" ....
9. Buffer sones will be placed around witla~d~'ln'" '
~... accordance with So~th Florida WAter Nanagement District
10. Prior to final Site Developmant Plan approval the
petitioner,shall supply a letter from U.S. Fish and
Wildlife Services (USF~S), indicating that the bald
eagle nest which was locatad to the west of the proparty
is no longer being used.
11. The petitioner shall supply an appropriate wildlife
habitat management plan as required by the U.S. Fish and
Wildlife Service (USF~S) and Florida Game and Fresh
Water Flsh~¢o=lssion (rGF~FC) in relation to the bald
eagle nest, located to the vest of the property, prior to
an approval et any final development order.
11. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservation areas, shall
be submitted to Current Planning Environmental Review
Staff for review and approval prior to final site
plan/coKstruction plan approval. The exotic removal
plan may be phased as approved by Current Planning
Environmental Staff.
13. Site lighting shall be directed to surface areas to be
illuminated in such a manner as not to cause a glare to,
adjacent property owners.
14.Security lighting shall be provided on all parking areas
and l~ed~ate environs of the building.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Co~lssioner ~&c'Kie offered the foregoing
Resolution and moved for its adoption, seconded by cotmiesioner
Cons~an=ine and upon roll call, the vote was:
AYES: Commissioner Nac~Kle,. Commissioner Cona~antine~ Co=aistioner Ha
Commtss£oner ~a~the~s and Commissioner ~ocris
NAYS~
ABSENT AND NOT ¥OTING=
ABSTENTION=
Done this 9~h day of _April .., 1996.
BOARD OF, ZONING APPEA~S
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itAPmOP~IE M. STUOEI~
~.:a
:iE~~ 'ASSISTART COUNTY ATTORNEY
· ' CU-96-1~ RESOLUTXON/16482
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COLLIER COUNTYt FLORIDA
-3-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
PETITION NO. CU-96-1
The following facts are found:
1. Section 2.2.4.3.2 of the Land Devlopment Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses i~ the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Management P~
Yes No --
B. Ingress and egress to property and proposed
structures thereon with particula~ reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~// No
C. Affects neighboring properties in relation to
nois~ glare, economic or odor effects:
u/ No affect or Affect mitigated by
Affect canno~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within~is~rict
Yes _~/No ,
Based on the above findings, this co--hal use should,
with stipulations, (copy attached) ~_hout~not) be
recommended f~r approval <~ ~v ~f~.._- ~
FINDING OF FACT CHAIRMAN/
oo
EXHIBIT
MAR 5 1997
lilil !.
II
~.~~TION TO ~It~l~T FIN~,L ~CCEPT~NCE OF THE RO~tDW'AY~
WATB~. 2t.~D fJL'II~R ZI4~ROVE~IEI~B FOR THB FINAL PLAT OF "BHERWOOD
To grant final acceptance of "Sherwood Park"
CONSZDE~ATZONZ
1. On July 13, 1995, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in ,'Sherwood Park".
2. The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
homeowners association will be maintained by the County.
3. The required improvements have been constructed in accordance
with the Land Development Code. The County Development
SerVices has inspected the improvements and is recommending
final acceptance of the improvements.
4. A resolution for final acceptance has been prepared and
approved by the County Attorneyts Office. A copy of the
document is attached.
FXBC~L XMPACTI
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.
qRONTH NAN'AGEMBNT IMP~CTI None
Executive Summary
Sherwood Park
Page 2
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Sherwood
Park" 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:
Engineering Review
Date
oma E. Kuck; P.E.
Engineering Review Manager
Plann~g
Vincent ~. Ca~o, Administrator
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
Date
Dat~ '
Date
Jl~l=ew
MAR 2 5 1997
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RESOLUTION NO. 97-~
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY. DRAINAGE. WATER AND SEWER
~,~ROVEMENTS IN *'SHERWOOD PARK". RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPTING THE
~ANCE RESPONSIBILITY FOR THE
ROADWAY. DRAINAGE. WATER AND SEWER
D, fPROVEML~f'S THAT ~ NOT REQUTRED TO BE
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
V~P~EAS, the Board of County Commissioners of Collier County, Florida, on August
2S, !~5 approv~ the plat of She~'~ Pu~ for r~rdin~ ~
~AS, the d~elo~r has constm~ ~ ~m~ t~ r~y, d~e. ~t~
~ ~er improv~ts in accord~ce ~th ~he appr~ p~s ~d s~ifiotions ~ u r~ulr~
by the ~d Development C~e (Collier C~n~ ~di~ce No. 91-102, as ~d~); ~ the
U~ilhies St~dards and Pr~edures Ordin~ce (Collier Coun~ Ordi~nce No. ~8-76, as ameed~).
and
~AS, the develo~ has now reques~ fi~l accurate of the road~y, drainage.
water ~d ~wer improvements ~d relea~ offs ma~nte~nce ~ty; ~
~AS, the Compli~ce SedUces S~ion oft~ D~elopment S~c~ ~a~ment
has inspe~ed the roadway, dralna~e, water and ~'~ improv~ents and is r~ommmd~ng
acceptance of ~id facilities.
NOW, T~FO~, BE IT ~SOL~D BY ~ BO~ OF'CO~
CO~gSSlO~S OF COLLAR CO~Y, ~O~D& lh~t ~al acc~tance ~ ~ant~ for
~hose roadway, drdnage, water and sewer improvemenU in Sh~'~ P~rk, and ~tho~ze the
Clerk to rel~se the malnten~nce se~ty.
BE IT ~R ~SOL~D ~%~ O~D t~t the County acc~t the ~ture
maintenance and other attendanl costs for the roadway, drai~e, water ~nd ~wer improvements
tha~ ue not required to be ~imained by the homeo~s as~afion.
This Resolution adopted ~er motio~ ~cond ~nd ~jo~ty vote favo~ng ume.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOAKD OF COUNTY COMmiSSIONERS
COLLIER COUNTY, FLORIDA
By:.
TLMOTHY L. HANCOCK, CHArI~.~,tA.N
Approved is to form ~nd lel~l
suf6ciency:
Assistant Collier County Attorney
O B,BCOMMEHI~TZOIf TO APPROVB FOR REC.~ORE)ZH43 'Z'HB FZH]LT,, PLA~ OF
HIR'TTZ, GB 4307,1' i COUZrTRY CLUB IzKASE TWO-Afl
To approve for recording the final plat of "Naples Heritage Golf &
Country Club Phase Two-A", a subdivision of lands located in Section
4, Township 50 South, Range 26 East, Collier County, Florida.
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Naples
Heritage Golf & Country Club Phase Two-A". These documents are in
compliance with the County Land Development Code and Florida State
Statute No. 177. All fees have been paid. It Is the intent of the
developer to record the plat prior to construction of the
improvements. The security in the amount of 110% of the total cost
of the required improvem~nts is being covered by construction and
maintenance agreement for Community Development Districts. This
would be in conformance with the County Land Development Code -
Division 3.2.9.
Engineering Review Section recommends that the final plat of "Naples
Heritage Golf & Country Club Phase Two-A" be approved for recording.
The fiscal impact to the County is none.
The project cost is $853,766.37 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving, Grading
- $433,540.00
- $420,226.37
The Security amount, equal to 110% of the
project cost, is $939,143.01
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $16,453.86
Fees are based on a construction estim~
$853,766.37 and were paid in October, 1996.
MAR Z 5 199ir
· P{. ~
Executive Summary
Naples Heritage Golf & Country Club Phase Two-A
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac- $ 630.20
b) Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $2,176.70
Drainage,
Paving, Grading (.425% const.) - $1,785.96
c) Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $6,503.11
Drainage,
Paving, Grading (1.275% const, est.) - $5,357.89
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Commissioners approve the Final Plat of
-Naples Heritage Golf & Country Club Phase Two-A" with the
following stipulations:
1. Accept the Construction and Maintenance Agreement for
Community Development Districts as security to guarantee
completion of the subdivision improvements.
2. Authorize the recording of the Final Plat of -Naples
Heritage Golf & Country Club Phase Two-A."
3. Authorize the Chairman to execute the attached construction
and maintenance agreement.
4. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
PREPARED BY:
John R. HouldSworth, senxor Engxneer
Engineering Review
Date
Engineering Review Manager
V--~e~-~ .A Cautero, A~mxnxstrator
Communitv Development a Environmental Services
bate
Date
bate
MAR 2 5 1997'
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II
10
1997
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COKMUNITY DEVELOPMENT DISTRICTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this 'Agreement") is
entered into this day of __, 19__ by and among
NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special
district and body politic of the State of Florida (the "District'), U.S.
HOME CORPORATION, a Delaware corporation (the Developer") and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the 'Board").
RECITALS=
A. Simultaneously herewith, the Developer has applied for Board
approval of that certain plat of the subdivis$on to be known as Naples
Heritage Golf & Country Club, Phase Two-A (the "Plat").
B. Division 3.2 of the Collier County Land Development Code (the
'Code") requires the District and the Devel?per 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 hereby covenant and agree as follows:
OPERATIVE PROVISIONS=
1. Required Improvements. The District will cause to be
constructed: Those certain roadways, drainage and water ~anagement
facilities and water and sewer utility facilities shown on the
construction plans for Naples Heritage, Phase Two-A, 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) months from 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 9, 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: $853,766.37 for costs of the Required
Improvements (the "Construction Amount") and $85,400.00 representing ten
percent (10%) of the Construction Amount (the "Reserve Amount"). The
Rese~;e Amount shall be retained as a reserve in the Construction Fund
pursuant to Paragraph 5 hereof. In addition t'o the foregoing, proceeds
of the Bonds shall be deposited with the Trustee to be held as
capitalized interest which shall be sufficient to bay interest on the
Bonds during the seventeen (17) month perio6 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 Devel¢.Dment Services
-2-
MAR 2 5 1991
~ ~-~,,
Department and the issuance, sale and delivery of the
Bonds (the "Commencement Period"). The District will
pursue construction of the Required Improvements to
substantial completion within twelve (12) months following
the end of the Commencement Period (the 'Construction
Period").
(b) In the event the District fails to: (i) commence
construction of the Required Improvements within the
Commencement Period; or (ii) substantially complete
construction of the Required Improvements prior to the
expiration of the Construction Period, upon written notice
to Developer by the Board, Degeloper shall immediately
become responsible for the construction of the Required
Improvements. The obligation to construct the Required
Improvements within the Construction Period shall be a
joint obligation of both the District and the Developer.
4. Development Services Director's Preliminary Approval of
Required Improvements. The Development Services Director shall not
consider the Required Improvements complete until a statement of
completion by the District's or Developer's consulting engineers,
together with the final project records related thereto, have been
furnished for review and approval to the Development Services Director of
Collier County, Florida (the "Director") for compliance with the Code.
Within sixty (60) days of receipt of the statement of completion from the
District, the Director shall either (a) notify the District or Developer,
in writing, of its preliminary approval of the Required Improvements; or
(b) notify the District or Developer, in writing, of his refusal to
preliminarily approve the Required Improvements, therewith specifying
those conditions that the District or Developer must fulfill in order to
-3-
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 Required .Improvements shall
continue unless or until the Board accepts maintenance responsibility for
the County. Sums =qual 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 Board 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 applythe
Reserve Amount to payment of the cost of correcting such deficiencies.
In the event the District fails to pursue such corrective action, the
-4-
MAR 2 5 1997
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:
(1) Written notice from the Trustee that sums at least
equal to the Construction Amount' and Reserve Amount
are on deposit in the 'Construction Fund (the
"Trustee Notice");
(2) 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 proceeds have been
received as well as to fund the Reserve Amount
is based upon the District
-5-
Engineer's
MAR Z 5 1997
estimation of construction costs which is
attached hereto and incorporated heretn~ and
(c) The project cannot be amended or changed
without the consent of the Board (the ~Project
Notice")~
(3) A representation and warranty from the District that
all governmental permits to enable the District to
commence construction of the Required Improvements
have been obtained (.Permit Warranty")~ and
(b) Upon receipt by [of] the Board of the Trustee Notice,
Project Notice and the Permit Warranty, Developer shall be
entitled to record the Plat without further condition,
other than payment of any related recording fees
established by applicable law and t~e execution of the
Plat by all required parties.
7. Liability. The County shall have no liability whatsoever to
the bond holders. Neither the enforcement of the terms of this Agreement
by the County nor the failure to enforce such terms shall create any
liability whatsoever to the bond holders, the District, or the Developer.
A.ny disclosure document prepared by the District or Developer in the
offering of such Bonds shall provide a statement as described above
relating to the lack of liability of the County.
8. Miscellaneous. Ail of the terms, covenants and conditions
herein contained are, and shall be, binding upon the respective
successors and assigns of th~ District, Developer and Board. By
Execution below, the~ Trustee shall evidence its acknowledgment of and
assent to the matters' addressed herein. Any notice, demand, request or
-6-
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. 11th Manor
Coral Springs, Florida 33071
To the Developer:
Peter R. Comeau
U.S. Rome Corporation
8670 Davis Bouleavard
Naples, Florida 33962
To the Board:
With a Copy to:
To the Trustee:
c/o County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida. 34112
Collier County Attorney
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
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
representatives as of this
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
District Secretary
Witness
be executed by their duly authorized
day of __, 1997.
DI STRICT t
NAPLES ~TAGE 99MMUNITY
Peter R. Comeau, Chai~an
DEVELOP~
By:
Pater R. Comeau, Vice President
Land Development Division
-7-
MAR 2 5 1997
lb__
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form
Sufficiency.
~~Vid- C. Weigel
Collier County Attorney
Acknowledged and assented to:
By:
Timothy b. Hancock, Chairman
FIP~STUNIONN~TIONAL BANK OF FI&)RIDA
as Trustee under the within-mentioned
Bond Resolution
By :~ '
OF
-8-
MAR ~ 5 1997
EXECUTIVE SUMMARY
WATER AND SEWER FACILITIES A~CEPTANCE FOR
PELICAN MARSH, UNIT ELEVEN, PHASE 2
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the County Water-Sewer District, to accept the
newly-constructed water and sewer facilities to serve Pelican
Marsh, Unit Eleven, Phase 2 and authorize the recordation of the
appropriate legal documents.
CONSIDERATIONS:
1) The developer of Pelican Marsh, Unit Eleven, Phase 2 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 Utilities
Division 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
Improvement acceptance.
is covered uhder
the Subdivision
FI___~CAL IMPA~T: 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.
Executive Summary
Pelican Marsh, Unit Eleven, Phase 2
Page Two
GROWT~ MANAGEMENT IMPACT: The sewer facilities will be connected
to the North County Regional Wastewater Treatment Plant 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
RECO~$4ENDATIONS: That the Board of County Commissioners,
Ex-Officio the Governing Board of the County Water-Sewer District,
accept the water and sewer facilities for Pelican Marsh, Unit
Eleven, Phase 2, 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:
l) 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 for water usage from Utilities for
bacteriological testing
PREPARED BY:
Shirley Kix, ~fgineering Technician II
REVIEWED BY:
~homas'E.'Kuck, P.E.
Engineering Review Services Manager
Date
MAR 2 5 1997
Executive Summary
Pelican Marsh, Unit Eleven, Phase 2
Page Three
Donald W. Arnold, AICP ---
Pl~/g .Service De~tment Director
~ ~ Cautero, ~----'~'~-~tra--~-~
CCI4MUNITY D~~ ~ E~IRO~NTA SERVICES
attachments
Date
MAR S 5 1997
Pd DC, E
VICTOPdA ·
PAP. K
'N O ,~T £ P~Ey
LOCkTION ~
MAR S 5 1997
___0THIS ASSIGNMENT AGREEMENT made and entered into this
day of ~, 1997, by and between the PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the
State of Florida, (hereinafter referred to as "Assignor"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING
BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to as "Assignee").
WHEREAS, Assignor is the Grantee under that certain non-
exclusive Utility Easement from WCI Communities Limited Partnership
(f/k/a WCN Communities of Naples, Inc.) to Assignor concerning
certain water and sewer facilities and irrigation distribution
lines located within the real property referenced in said Utility
Easement, a copy of said Utility Easement being attached hereto and
made a part hereof as Exhibit "A"; and
WHEREAS, pursuant to the requirements of that certain
Interlocal Agreement between Assignor and Assignee dated as of
December 31, 1993, and approved by the Assignor at its meeting held
on December 20, 1993, the Assignor shall and' is required and
obligated to convey, in accordance with standard County procedures,
certain water and sewer facilities and irrigation distribution
lines to the County and its Water-Sewer District without cost to
the County or its Water-Sewer District; and
WHEREAS, certain water and sewer facilities and irrigation
distribution lines located within the aforedescribed Utility
Easement have been conveyed to Assignor from WCI Communities
Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill
of Sale and Warranty Deed, which water and sewer facilities and
irrigation distribution lines are simultaneously herewith being
conveyed to Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of
Assignor as the Grantee in said Utility Easement.
NOW THEREFORE WITNESSETH that for and in consideration of the
premises and in consideration of the sum of Ten and 00/100 Dollars
($10.00), receipt of which is acknowledged by Assignor from
Assignee, and other, good and valuable consideration, the parties
hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises,
releases and assigns unto Assignee, its successors and assigns, all
of the rights of Assignor as Grantee under the Utility Easement
referenced hereto and made'a part hereof as Exhibit "A". Assignee
hereby accepts said assignment.
MAP, 2, 5 1991
2) ~. This Assignment shall be construed and
enforced in accordance with and governed by the laws of the State
of Florida.
3) ' . No change,
amendment, modification or cancellation of any part of this
Assignment Agreement shall be valid unless in writing and signed by
Assignor and Assignee.
4) ~X~. The terms, covenants and conditions
contained herein shall inure to the benefit and be binding upon
Assignee and Assignor and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and year first written.
ASSIGNOR:
Attest:
STATE OF FLORIDA
COUNTY OF COLLIER
PELICAN MARSH CO,UNITY
DEVELOPMENT DISTRICT
John A. Pistor
/It~ Chairman
The foregoing Assignment Agreement was sworn to and subscribed
before me by JOHN A. PISTOR, Chairman of the PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh
Community Development District who is personally known to me.
WITNZSS my hand and official seal this'~mday
, 1997. 4
Print Name :~0 ~,~W
My Commission ~-xpires."
2
MAR S 5 1997
ASSIGNEE:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS
THE GOVEP~;ING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWERDISTRICT
Approved as to from and
l~suffi~iency ~
Assistant County Attorney
BY:
Chairman
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County . aforesaid to take
acknowledgments, personally appearedTl~NA~~, well known to me
to be the Chairman of the Board of Coun~ Commissioners, Collier
County, Florida, As The Governing Body of Collier County and as Ex-
Officio the Governing Board of The Collier'County Water-Sewer
District, being authorized so to do, executed the foregoing
Assignment Agreement for the purpose therein contained under
authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last
aforesaid this __ day of , 1997.
(Notarial Seal)
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo: ~.A~
801 Laurel Oak Drive, Suite 640
NapI~s, Florida 34108
(941) 566-3131
Notary Public
Print Name:
My Commission Expires:
3
MAR 5 1997'
r.~CUTIV~ S UI~,~RY
WATER FAC'rL'rTIE$ ACC~PT~CE FOR
~~ B~ND AT STOI~EBRID~, T~T ~
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 Willow Bend
at Stonebridge, Tract A and authorize the recordation of the
appropriate legal documents.
COHBXDERATIONS:
1) The Developer of Willow Bend at Stonebridge, Tract A, 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 $2,310.00 has been accepted as
surety.
FISCAL IMPA~T: 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.
~OWTH~MENT 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.
MAR ,e 1997'
Executive Summary
Willow Bend at Stonebridge, Tract A
Page Two
RE__~NDATION= That the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, accept the water facilities for Willow Bend at
Stonebridge, Tract A, with the following stipulations:
1) That the Board of County Commissioners accept as surety the
receipt for the cash bond in the amount of $2,310.00.
2) The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shaX1 be issued until
the following items have been furnished.
3) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of the sewer system into service
and approving the water distribution system for service.
4) Bacteriological testing has met the Countyts requirements.
5) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire hydrant
for ownership and maintenance.
6) Receipt of payment
bacteriological testing
of water usage from Utilities for
7) Testing and certification of backflow prevention assembly
device
PREPARED BY:
/~eering Technician II
Engineer~l'ng Review Services
Date
REVIEWED BY:
Thom~
Engineering Review Services Manager
NO. ~
MAR 5 1997
Executive Summary
#illow Bend at Stonebridge, Tract A
Page Three
Donald #. Arnold, AICP
C~ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
attachments
Date
MAR S 5 1997'
PROJECT
]N
LOCATION MAP
MAR 2 5 1997'
County of Collier
BOARD OF COUNTY COMMISSIONERS
RECEIPT~
PAYOR:
REF~
OFFICIAL RECEIPT UGLII) I~: )726V9 01/31/97
When Validated
DEPUTY CLERK
1 3 7 3 2 E~ 9 DE$CR,PT.[DH . AMOUNT DUE
............. ][. ~r.l~...~00 ..........
TAYLOR WOOOROW COMMUNZTIES OEPOSITS o COMMUNITY DEVELOP 2310.00
WILLOW BEND AT STONEBRIOG[
000367239
SN
(JEPT: DSC: PROJECT REVIEW SERVICES TOTAL DUE:
25io.oo~
,~X~CUT IVE SUI~,~Y
ACCEPTANCE OF UTILITY F2%SEM~NT FOR EXISTING UTILITIES FOR
VILLAS OF CAPRI
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the new utility easement for existing water facilities to
serve Villas of Capri and authorize the recordation of the
appropriate legal documents.
COnSIDERATIOnS=
1} The Developer of Villas of Capri, has constructed utilities
within the easement for water facilities 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 utility easement for the existing water facilities
in accordance with County Ordinance 78-10.
3) The water facilities have been acceptance by the Board, and
are operated and maintained by the County Utilities Division under
a one (1) year maintenance guarantee furnished by the developer.
4) The legal documents have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
FISCAL IMPACT: The utilities within thc. easement were constructed
without cost to the Collier County Watez-Sewer District.
__Gi~ ~NT IMPACT: This project will not create a new
impact, as it has been planned for within facilities available at
present.
P~CC~NDATION: That the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, accept the utility easement for the existing water
facilities for Villas of Capri.
MAR 5
Executive Summary
Villas of Capri
Page Two
PREPARED BY:
ing Technician II
trices
Thoma~ E. Kuck, P.E.
Entering ReView S~rv
Pl,~ann/~g~Se~vicesD/~artment Director
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
attachments
Date
Date
Date
~IAR 2 5 1997
I
I~t~C,M'£ L~KCS
$
H~qc#
C~UNn~T
MAR 2 5 1997
This Instrument Was Prepared By,
Record and Return To: ~
Brian J. McDonough, Esq. ~
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A. ~
1S0 West Flagler St., Suite 2200 ~
(RESERVED)
UTILITY EASEMENT
THIS EASEMENT granted this ~ day of ~/~F~~, 1996,
by EASTRIDGE PARTNERS, LTD., a Florida limited partnership
(hereinafter referred to as "Grantor.), whose pest office address
is 2828 Coral Way, Penthouse Suite, Miami, Florida 33145,
Attention: Mr. Francisco Rojo, to ~he BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE ~OVERNING BODY OF
COLLIER COUNTY ANDAS EX-OFFICIOTHEGOVERNING BOARD OFT HE COLLIER
COUNTY WATER-SEWER DISTRICT, its successors and assigns
(hereinaftel, referred to as "Grantee.), whose post office address
is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESS ET~
That the Grantor for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration paid by the
Grantee, receipt of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the Grantee, its successors and
assigns, a perpetual, non-exclusive easement, license, and
privilege to enter upon and to install and maintain utility
facilities, on the following described lands being located in
Collier County, Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
together with the right to enter upon said land, excavate, and take
materials for the purpose of constructing, operating and
maintaining utility facilities thereon. Grantor and Grantee are
used for singular or plural, as context requires.
L II .R 2 5 1567
,t
IN WITNESS WHEREOF,. the Grantor has caused these presents to
be executed the date and year first above written.
Witnesses:
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF DADE
EASTRID~E PARTNERS, LTD., a
Florida limited partnership
By:
Related Capri Housing,
Inc., a Florida
corporation, its sole
general partner
By:
President
The foregoiDg instrument was acknowledged before me this//~
day of ~~-~z- , 1996, by Francisco RoJo, as Vice President
of Related Capri Housing, Inc., a Florida corporation, the sole
general partner of Eastridge Partners, Ltd., a. Florida limited
partnership, on behalf of the corporation and as an act of the
partnership.
Personally Known / OR Produced Identification
Type of Identification Produced
Prin~ or Stamp Na~
Notary Public, State of Florida at Large
Commission No.:
My Commission Ex-ir2-. OF~NO~A~¥~u%~ !
/ ~~m.~ I
G, %#-IJM%303G4 \340\T.J~.UT
1997
EXHIBIT "A"
Legal Description
Villas of Capri Apartments
1 $ FOOT WH3E COLLieR COUNTY UTILITY EASElV~NT
A portion of land fifteen feet wide more particularly described by the following centerllne, lying in Section
4, Township 50 South, Range 26 East, Collier County, Florida:
Commence at the southeasterly comer of Tract "A", Plantation, as recorded in Plat Book i 5, Pages 80
through 82, inclusiv, e of the Public Records of Collier County, :Florida, and. run N78°5 I'0$"W for 20.00
feet; thence run SI 1°08'56"W for l 1.00 feet to the Point of Be. ginning;
Thence run N'/8°51'05"W for 35.00 feet to a point herinafter referenced as Point "A"; thence run
S 11~08'56"W for 49.00 feet to a Point of Termination; thence return to the aforementioned Point "A",
and run N78°51'05"W for 17.56 feet to a Point of Termination, containing 0.03 acres, more or less,
subject to easements, restrictions and reservations of record.
Prepared
By:
/William C. McAnly~
/ Florida Registration No. 1543
McA. nly Engineering and Design, Inc.
5101 Tamiami Trail East, Suite 202
Naples, FL 34113
MAR 2 5 1997
TRACT "B", PLANTATION,
P.B. 15, PACES 80-82
TARA COURT, PLANTATI¢
P.B. 1.5, PACES 80-82
TRACT "F", PLANTATION.
P.8. 15, PAGES 80-82
P.O.C.
$OUTH£ASI~RLY CORNER
OF TRACT A". PLANTATION.
P.B.'15. PAGES 80-82
P.O.B.
POINT
30
[ LINE t ~ DISTANCEtL2L1 N__7_8~~~ ~11 ."~".".".".".".~
GRAPHIC SCALE
0 15 30
60
linch · 30 fL
P.O.T.
TRACT "8", PLANTATION UNIT TWO,
P.B. 17, PAGES 9.5-97
C.U.E. COLLIER COUNTY UTILITY EASEMENT
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
P.O.T. POINT OF' TERMINATION
P.B. PLAT BOOK
McANLY ENGINEERING
AND DESIGN, ~C,
JOINDER BY MORTGAGEE
The undersigned FEDERAL NATIONAL MORTGAGE ASSOCIATION, a
corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq., a Co-
Mortgagee, under that certain mortgage from EASTRID~E PARTNERS,
LTD., a Florida limited parCnership, dated as of August 1, 1996,
recorded on September 5, 1996, in Official Records Book 2225, Page
173, as assigned by assignment recorded in Official Records Book
2225, Page 208, both of the Public Records of Collier County,
Florida, in the original amount of $9,800,000.00 covering all/or a
portion of the property described in the foregoing Easement, does
hereby acknowledge that the terms of said Easement are and shall be
binding upon the undersigned and its successors in title.
IN
WITNESS
WHEREOF, these presents have been executed this .l~"day
of January, 1997.
WITNESSES:
Name: ~7.
STATE OF G~O[~-.7~ )
COUNTY OF ~ )
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
,~ .:
BEFORE ME, the undersigned authority, this day appeared
~ ~ ~. known b~ me to be the
of Federal National Mortgage Association, a corporation organize
and existing under the Federal National Mortgage Association
Charter Act, 12 U.S.C. § 1716 et seq., and he/she acknowledged
and before me that he/she executed the 'said instrument, acting in
his/her said official capacity, for and as to the act and deed of
said Association, and in its name, for the uses and purposes
therein mentioned, and after being duly authorized and directed.
my hand and offiC~eal in th%'-County and State
a~0~.e.,aid, o~ =ni~, tn,...~ay o~ ~a~ ~e7.~
( _ _
." · ". ' , Pri~ ~ame
My Commission Expires:
MAR g 5 1997
JOINDER BY MORTGAGEE
The undersigned FIRST UNION NATIONAL BANK OF FLORIDA, Mortgagee,
under that certain mortgage from EASTRIDGE PARTNERS, LTD., a
Florida limited partnership, dated as of August 1, 1996, recorded
on September 5, 1996, in Official Records Book 2225, Page 220, of
the Public Records of Collier County, Florida, in the original
amount of $9,882,443.00 covering all/or a portion of the property
described in the foregoing Easement, does hereby acknowledge that
the terms of said Easement are and shall be binding upon the
undersigned and its successors in title.
_
IN WITNESS WHEREOF, these presents have been executed this '~_~. day
-~y,/Y~7.
WITNESSES:
Print Name'~/~~~
Print Name:_~_~~~
FIRST UNION NATIONAL BANK OF FLORIDA
STATE OF FLORIDA )
COUNTY OF DADE )
BEFORE ME, the undersigned authority, this day appeared __~r__
~ known by me to be theh~e/she acknowledged to
of First Union National Bank of Florida, and
and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of
said Bank, and in its name, for the uses and purposes therein
mentioned, and after being duly authorized and directed.
WITNESS my hand and official seal in the County and State
aforesaid, on this, the~____~ day of Geeembe ,zb--t~96.
Notary Public State of/Florida
~ ...~......~. OFFICIAL SEAL
Print' t~a'm~ ~, c. ~.^u.~ ,.,,,_,~.~.
· '~ ' ~ M n Expires
_.
G: \#- BJM\30314 \36 O\JOIKDEP.. FU
JOINDER BY MORTGAGEE
The undersigned FLORIDA HOUSIN~ FINANCE AGENCY, an agency and
instrumentality of the State of Florida, Mortgagee, under that
certain mortgage from EASTRIDGE PARTNERS, LTD., a Florida limited
partnership, dated August 29, 1996, recorded on September 5, 1996,
in Official Records Book 2225, Page 274, of the Public Records of
Collier County, Florida, in the original amount of $2,585,000.00
covering all/or a portion of the property described in the
foregoing Easement, does hereby acknowledge that the terms of said
Easement are and shall be binding upon the undersigned and its
successors in title. ,
IN WITNESS WHEREOF, these presents have been executed this~ay
of January, 1997.
WITNESSES
~7rirf[ N~e
Print
STATE OF FLORIDA )
FLORIDA HOUSING FINANCE AGENCY
BY:~~igh
Title: Exec~U Director,
COUNTY OF LEON )
BEFORE ME, the undersigned authority, this day appeared Susan J.
Leigh, known by me to be the Executive Director of FLORIDA HOUSING
FINANCE AGENCY, an agency and instrumentality of the State of
Florida, and she acknowledged to and before me that she executed
the said instrument, acting in her said official capacity, for and
as to the act and deed of said Agency, and in its name, for the
uses and purposes therein mentioned, and after being duly
authorized and directed.
WITNESS my hand and o,~ficial seal in the County and State
aforesaid, on this, the,~:lday of January, ~997.
~ ~...5~,~,,~.. ~ /,'8;a~ Public S~at{' of Florida
~.% ~4 /$~ ~ Prin~ Name / I__
~,-~~ M Co~ission E ires: ·
b q / / c/8
",,,7~i~"~'~,,~*,, ~._. ~. ~ ~
0 .' \,,,'- ]IJM\)O); 4 \? ~. O\JOIh'DrR . FHF
~AR 2 5 1997
JOINDER BY MORTGAGEE
The undersigned UNITED STATES TRUST COMPANY OF ~ YORK, AS
TRUSTEE, a Co-Mortgagee, under that certain mortgage from EASTRIDGE
PARTNERS, LTD., a Florida limited partnership, dated as of August
1, 1996, recorded on September 5, 1996, in Official Records Book
2225, Page 173, as assigned by assignment recorded in Official
Records Book 2225, Page 208, both of the Public Records of Collier
County, Florida, in the original amount of $9,800,000.00 covering
all/or a portion of the property described in the foregoing
Easement, does hereby acknowledge that the terms of said Easement
are and shall be binding upon the undersigned and its successors in
title.
IN WITNESS WHEREO~, these presents have been executed this ~ day
offs, . 1996.7
UNITED STATES TRUST COMPANY OF NEW
YORK, AS TRUSTEE,
By: '
Title: ~"]'EV~VA~ARE~O
~ ,I ,
V~E PRES;DENT
STATE OF ~ )
cOUNTY OF
~ORE ~, the u~dersigned authority, this day 9ppeare,d
-~~% known by me to be the ' 3~..- .>.~.- · _
of UNITED STATES T--~T COMPANY OF NEW YORK, AS TRUSTEE, and he/she --
acknowledged to and before me that he/she executed the said
instrument, acting in his/her said official capacity, for and as to
the act and deed of said Trustee, and in its name, for the uses and
purposes therein mentioned, and after being duly authorized and
directed.
WITNESS my hand and efficial seal in the County and State
aforesaid, on this, the ~L___W day of ~199~.
'3"~""""7.., "~
Notary Public State of ~
G: \W-BJM\30364 %360\JOINO~..US
P--~nt Name
My Commission Expires:
Notary Public. State of New
No. 01GR5012466
Qualified tn New York Cour~y
MAR ~ 5 ~7
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE
FORMAL BID PROCESS AND APPROVE THE ECONOMIC DEVELOPMENT
COUI~CIL'S MARKETING MATERIALS PRINTING PRICE QUOTES ON VARIOUS
PRI~I~D MATERIALS.
To obtain approval from the Board of County Commissioners to waive the fmmal bid process
and ~ove the printing contract for the Economic Development Council's marketing nmerials
for fiscal year 1996-1997.
CONSIDERATIONS:
In order to implement thc Economic Diversity Program collateral marketing materials were
developed by the Economic Development Council of Collier County. The Economic
Development Council ~cured three written quotes on each printed material and want~ to award
the printing contract to the lowest local printer. Even though each brochure wa~ under the
$15,000 limit for requiring formal bid procedures the cumulative printed material bill is $32,065.
Because of time constraints staff recommends thc waiver of the formal bid procesa and th~
acceptance of the three written quotes for each of the printed marketing materials. The printing
will take approximately throe weeks and thc distribution will begin immediately after that.
FISCAL IMPACT:
Housing and Urban Improvement Economic Development Fund 001-138710:
Quality of Life Brochure and Disc Holder
Business Assistance Guide
Demographic Profile and Financial
Reference Guide
Industrial Park Guide
Press Printin_e ~ ~
$ 9,686 $13,860 $9,446
5,610 7,920 5,699
12,995 13,020 12,932
$32,080 $40,380 $32,065
Executive Summary
Economic Development Council
Page Two
GROWTH MANAGEMENT IMPACT:
Thct~ ia no Economic Development Element within the Growth Management Plan.
RECOMMRNDATION:
Tha~ thc Boant of County Commi~ionera waive the formal bid proce~ and q~:n, ove a ptinfi~
contract with Prc~ Printing, Naple~, Florida, in the amount of $32,0~$ for printing economic
dovelopment marketing materials for fiscal year 1996/1997.
O jd
PREP~ BY:
REVIEWED BY:
Steve C~ncll, Pur~u~sing Dir~tor
Date
APP~¥ED BY: ,
Vincent A. Cautero, Administrator
Community Dev. And Environmental Svcs.
jd/cYedc printing
Date
MAR 5 1997'
oo ·
MAR ~ 5 1997
· PI.., ~
94126.36822, E~IC ~ CC 52'? 1:)81 FEB 1{3 '9'? 2{}; 15
Memo
9,4,1-263-8989
Fmc 941-263-6021
John
FNx~ua~ 11.1907
2.
I MAR g 5 lgg7 i
Tammie McElroy
Economic Development Council
of Collier County, Inc.
3200 Bailey Lane Suite 162
Naples, FL 34105 .
Dear Tammiez
a
I am writing you this letter to con%ince you that
Preestige Printing is the perfect candidate to be printing
your.prestigious color packa~ for the EDC illustating
everything from quality of life to Collier County's demo-
graphics and lifestyle. As a supporter of the BDO and a
thriving business in Collier County, Presstige Printing
is dedicated to producing the highest quality piece for
maximum impac.t.
My enclosed equipment list should.speak highly for
itself. We are proud to have the most 'advance electronic
prepress capabilities on the m~rket today. Our new six color,
40" (paper size) printing press is the largest sheet fed
press within 100 miles,'and we Just added two more people
in our bindery operations. In the last year, Presstige
Printing has invested well over $1,000,000.00 in new and
updated equipment, more Jobs for local families, and in
service to our customers.
Although our facility and 9quipment'are s~cond to
none, what makes Presstige Printing stand out higher among
itt.competition is it's people. We have an outstanding
quality control team, led by Linde Forester. Presstigets
Production Manager, Don Ryerson is a master pressman and
the ideal supervisor. Our pressman are the best in the
business...Bob Morris, Larry Thomas, Tom Smith, Neil Walters,
Kevin Fenderson. Our prepress, dePartment is well versed in
all the latest in electronic prepress developments, led by
Dan MacAlister and Jesse Hinson. Presstige's .team of graphic
artists include Teresa Brooks, Colleen Minto, Mona Johns,.
and AleSia Palmer who. are all creative professionals. Our
film and plate handlers are venerable experts in the dark
room, A1 Summers, Jo6 Sola, and Cindy Farnsworth. Our bindery
personnel take pride in the quality of their work...and our
delivery people make =ufa the Job gets to.you on time. On top
of all this, Bob Weidenmiller, president.of Presstige Printing,
maintains a high level of leadership, ~uality, ethics, and
prin~ipals which reflect the true"mission of the ED(:.
Pres~tige Printing is the only printer suitable to print
project of this magnatude. You can depend on us!
MAR 2 5 1997'
Electronic Prepress
Equipment IJsL..
Computer Hardware
1 - Dual Pentium 166 Server w/Color Central
OF'l-Print Sen/er (CD Rom)
2 - Pentium 75 PC Desktop/Dasign/lllustration
Stations (44/88/200 Syquest/CD Rom)
1 - Pentium 166 Imposition/Trapping Station
(44/88 SyQuest, ZIP 100, CD P4x~)
1 - Power MAC 8100/80 w/32 Mb RAM Desktop/
Design Station (44/88/2CX) SyQuest,CDRom)
I - MAC Quadra 950 w/139 Mb RAM Des~of:V
Oe~grVrra~nCScann~ station (44/ca
SyQuest, CC)Rom)
1 - Power MAC 8100/100 w/139 Mb RAM
Syquest, 6,5O M.O., CO Rom)
1 - PowerTower 166 w/144 Mb RAM Imaging
station (44/88/200 Syquest, ZIP 100, CD
Rom)
TI Microlaser PowerPro/OkiData · 600 dpi Laser
Printers
Unotrordc L300/RIP 30 Imagesetter
Agfa SelectSet 5000/Star 400 RIP
Drum Imagesetter (15.5' x 22' max, film size)
Agfa Select,Set 7000/Taipan RIP
Drum Imagesetter (25.5' x 22' max, film size)
3M Rainbow Dye-Sublimation Proofing System
(12' x 18' print size),
Microtek E3 - CCD Flatbed Scanner
(8.5' x 14' Reflective Input)
SCREEN DTS- 1030 Al - PMT Drum Scanner
(10' x 12' Reflective/Transparent Input)
Program Support - PC Ptatform ~1nclows)
,a, dobeePageMakme, AdobeePhotoShop% Adobe·
laustrator~,Tra,oWlse~;, Quau'keXPressTM, CorelOq, aw,·
Press/Bin'dery
Equipment UsL..
Pre$~
Komod Uthrone 640 Six-color -- Maximum
sheet size: 28' x 40', Maximum
image area: 27.75' x 39.875'
Komori Lilhrone 426 Four-color -- Maximum
sheet size: 20' x 26', Maximum
image area: 18.75' x 25.875'
Heidelberg KORS Singl~color -- .Maximum
· sheet size: 20.5 x 28.375, Ma:d-
mum image area: 20' x 28'
Heidelberg GTOZP Two-color -- Maximum
sheet size: I 3.75' x 20.25', Maxi-
mum image area: 1 3.375' x 19.75'
A.B. Dick 9810 Two-color -- Maximum
sheet size: 11' x 17'
Bindery and Finishing
MBO B23 - 23' x 44' Buckle Folder with
score, slit, perforate, and two right angles
30.5' Chaflenge Programmable Paper Cutter
45.5' Challenge Computerized Paper Cutter
3- Head Challenge Paper Drill
Single Head Bostich Side/Saddle Stitcher
The physical plant includes 10,000 square
feet of total area.
4,~51 Arm,,hi Avl'hue ,, Napl~. Fl, .'14104
"lt-lcphmt~,: 94 I/ti43,.,"13ll4 · FAX 11.4 IA14:l-.~dl 15
MAR 5 1997
Presstige Printing, Inc.
4551 Arnold Avenue
Naples, FL 34104
941-643-33B4 - Fax 941-643-5015
DATE: 01-30-1997
Estimate: 25998
Economic Development Council
3200 Bailey Lane
Suits 162
Naples. FL 34105
Attention: Tammy
We are pleased to submit our ESTIMATE for the following printing Sob:
Oescription : QUALITY OF LIFE 800KLET
Size/Pages : 9 X 12 · 8 PAGES + POCKET COVER
Oesktop Publ :
Proofs : DYLUX · MATC~PRINT
B/W Halftones:
Duotone/Tints:
Color Saps
Paper One
Paper T~o
a~er Three
nks
leeds
Fold/Bind
Ship Via
100# GLOSS COVER
80# GLOSS TEXT
4 COLOR z 2 SIDES
COVER ONLY
DIE-CUT, FOLD + GLUE 1-4" PKT NITH .75" GUSSET +
OUR TRUCK
SADDLE STCH
IMAGE READY DISK PROVIDED
Quantity
3000
4000
5000
6000
Total $$ Per /M
5287.00 1762.33
6062.00 ISIS.SO
6828.00 1365.60
7639.00 1273.17
This estimate is based on current rates and costs and is sub~ect to review
in 30 days. Thank you for this op~ortunity - we hope to be of service to yo
Sincerely,
Randy Bailey
Accepted by:
BAR Y, 5 1997
JP~ ~ 'gT 17:5& PRESSTI~ PRI~TI~ ~41-~4~-5~15 p.~/~
Naples, FL 34104
941-643-~384 - Fax 941-&43-5015
DATE: 01-29-1997
Economic Development Counoi!
4501Tamlami Tr. N. ~106
26050
Attention: Tammy
We are pleased to submit our ESTIMATE for the foi2owing printing Sob:
DeacrlDtion : DISKETTE N~LLET
8ize/Pagea : 11.875 X 9 FLAT
DesktoD Publ :
Proof~ : DYLUX - MATCHPRINT
8/W Halftones:
Ouotone/Tintat
Color
Paper One : 100# GLOSS COVER
Paper Two :
Paper Three :
Inke : 4 COLOR · 2 8IDES
Bleeda :
Fold~Bind : S~ORE. FOLD + GLUE ONE FL~P
8hip Via : OUR TRUCK
IMAGE READY DISK PROVIDED
Ouantity Total $$ Per /M
· 000 1167.00
3000 1~49.00 449.&7
4000
5000 1672.00 334,40
6000 1807.00 301.17
in aO daya. Thank you ~or this opportunity - we hope to t:~ of service to you.
Sincerely,
Accepted by:
~Alxlr THo
Paper [hr~e
Inks
Fntd/~ind
80i f, IATA[X GLOSS TEXT
: 4 COLOR · 2s~o~s
COVER ONLY
: DEE-CUT. FOLD + GLUE 1-4' PKT ~ITH .75' GUSSET + SP, OOLE STCH
MAR 2 5 1997
rr~td/n~n~
1008 MATRIX GLOaS COVE~
4 COLOR ~ 2 ~DE8 ,
SCORE, FOLD * GLU£ OflE FL~P
.............. SunL~
~1 -" ~,oo
MAR ~ 5 1997
Press Pdnting
,tO011 HATRIX GLOSr, C~VliR
ilO# HATR][X GL, O..9,~ TC>:T
4 COLOi~ · 2 ~ZD~.EI
COVER ONLY
O[£-CUT, FOLO + GLUE t-4" PKT N~:'I'H ,'rS" GUSS£T + ~,ADDLE STCN
NO. ~
MAR 2 5 1997
DZ5KETTE WALLET
l.t.U'l.~ )~ 9 FI. Al
RRTNt~L3te · I~YI.U>( ~ H~YCHPRZNT
1~0# ~TR~X GLOSS COVER
........ P. ress Prinfi.ng
4 COLOR
.'3CORE', FOLD + GLU: ONE, FLAP
MAR i) 5 1997
Memo
OF CCXU~ COUNTY,
3200 So,ley Lcd,
Noples, ~ 34105, L
941.263-8
Fax: 941-263-~
Ta Grog ~
Fmm Tammle McEkoy
John Passidomo
Susan P~relgis
i Febmary 10, 1697
Rm Bids
Enclosed please find three price quotes for Business Assistance Guide, being
developed by EDC and paid for through the publiC/l:Xlvate paSser, hip between the
The qu~nt~y we will be I:~nting is 6,000. The co_~ bids we received am as follows:
We have chosen to select Presstige Printing to print this guide. The masons for this
include:
1. The Economic Development Council of Collier County has & mission to Ixomote
expansion and retention of local businesse~. PressUge Pflntlng is located in
Collier County and has been servicing local and regional businesses for 16
2. Presstige Printing~ equipment and quality of work is better than t~,e competing
bids. (see .~tached letter from
Please issue payment to Pres~_~le Printing based on the attached I:,tce quote for the
!
· Page 1
.o.
MAR 2 5 1997
PreestLge printing. Inc.
45SX Arnold ~venue
94~-&43-~$84 - ~ax 94~-645-50~5
DA~£: OX-29-X997
tiC~mate: 26003
Economic OeveZooment Council
3200 Bailey Lane
Suite 162
N&plee, FL 34105
~tcenCion: Ta~y
OeecrLpt~ofl : 8USZNESS ASSISTANCE GUIDE
Size/Pages : 8.5 X 11 · 32 PAGE8 + COVER
Desktop Pub1 :
Proo?s : OYLUX = P1ATCHPRZNT
B/W H&[ftonee:
Duotone/TLntl:
Co,or 8ep~
Paper One
Pa~r Two
Paper Three
Fold~Bind
Shtp Vis
80e GLOSS COVER
70e GLOSS TEXT
CV: 4 COLOR, 2 SIDES
COVER ONLY
8ADDLE STITCH
OUR TRUCK
= PGe: 2 PHS, 2 SIDES
ZMAGE READY DZSK PROVIDED
Ouanttty Tote! SS Per /M
3000 4171.00 1390.33
4000 4678.00 1169.50
SO00 5187.00 1037.40
6000 5699.00 949.83
tn 30 days. Thank you for thLa oDDortuntty - we hope to be of servtce to you.
Accepted by:__
Pub!
: RAZNeO~ = OYLUX ~ NATCHPRXNT
HI3f~oneS:
huot, ene/TSn~3:
Color R.ps
Paler On~
Parer T~
P4per Three
Inks
Fold/B~nd
~01 ~RTRXx GLOSS COVER
?Oe M~TAXX GLOSS TEXT
CV: 4 COLOR, 2 5XDES
COVER ONLY
· RODLE ~TXTCH
PGS= 2 PM~, 2 SXDE$
Sunbelt
~/~- /,'~7
MAR E 5 1997
80# MATRIX GLOBS COVER
70# MAYR)X $~05S TEXT
CV: 4 COLOR. 2 SIDES ·
COVER ~NLY
~ADOL~ ~TZ'I'CH
Press Printinl
MAR ~ 5 1997
Memo
EC~: DE'~LOP/d~NT 0
OF CCtUER COUN
941-2
Fax: 941-2
Greg Mlha~
John Pasddomo
Susan Pamigb
Dltle Fe~uary 10, 1997
Rm
Enclosed please find throe price quotes for the Demographic Profile and the
Rnanc~l Reference Gu~e. being develop_ned_ by EDC and paM fo~ through the
PU~Jpdvate partne~hip between the County and the EDC.
The quantity w~ wil~ be I:.tntlng is 6,000. The cost bid; we received am as follows:
We have chosen to sele¢~ Presst~e Printing to ~t~ each of ~e gu~et The masons
for ~h Indude:
The Econorr~c Development Council of CoBer Cour~ has · ~ to ~e
expansion and retention of kx~ buS~else~ Pmll~ge Pflndng ~ RX~ld ~
Collar County and has been servidng local and regional businesses f= 16
yems.
2. Preu~e Pdnfln~,'s equipment and qua~y of wod~ b heifer ~ L~e compa~g
b~. (see afl·cried ~Rer from Presage.)
Please ~sue payment to Press~e Pr~dng based on ~e a~ached p~ce quoles for
me spedfled puUicaflons.
IlAR S 5 1997
~ ~9 'gT 17:~ PR~SSTIG~ PRInTIng 941-643-5815
4551 Arnold Avenue
941-643-3354 - Fax 941-643-5015
D~TE: 01-29-1997
EBtlm&te: 25999
Economic Development Council
3200
Suite 162
Attention: Tammy
are pleased to eubmi: our ESTIMATE for the following printing ~ob:
Description : DEMOGRAPHIC PROFILE BOOKLET
Size/Pages : 8.5 X 11 · 24 PAGES + COVER
Desktop Publ :
Proofs : DYLUX = I~ITCHPRINT
8/W H&l~tonss:
Ouotone/Tlnts:
Paper One : 80# GLOSS COVER
Paper Two : 70M GLOSS TEXT
Paper Three :
InKs : 4 COLOR I 2 SIDES
Biee~s : YES
Fold/Bind : SADDLE STITCH
Ship Vie : OUR TRUCK
IMAGE READY DISK PROVIDED
Quant~. ty
Total $$ Per /M
3000 6523.00 2174.33
4000 6993.00 1748.25
SO00 7502.00 1500.40
6000 ?998.00 133.3.00
This &&tim&tm is based on curren~ ra~es &nd costs and is eub~s~t ~o review
~n 30 c~¥s. Thank you for thii o~p~'~un~Cy - we hope Co be of eervlGs to you.
Sincerely.
Randy
Accepted by:~~.--
MAR P, 5 1997
SGfl Z9 '97 l?t~ PR~I~rI~ PRINTING ~41-E~3-5~15 po~
Pres~:ige Prlnting~ Znc.
Arnold Avenue
Naplee, FL 34~04
941-643-35B4 - Fax 941-643-5015
Economic Dsvelopm. nt Council
3200 8alley Lan~
Suite 162
Naples, FL 34105
DATE: 01-29-1997
Eetimate: 26005
Attention: Twy
We ara pleal41d to subtle our ESTIMATE for the followinQ printtnQ lob:
Oe~ription : FINANCE REFERENCE GUIDE
81ze/P&gel : 8.$ X 11 · 20 PAGES + COVER
Oeek~op Publ :
Proofe : OYLUX · ~RTCHPR/NT
Duotone/Tlflce:
Color 8eps
Pa~er One
Paper T~o
Paper Three
Inks
ro2d/air~
: 80# GLO~ COVER
: 70# GLO~5 TEXT
: CV: 4 COLOR, 2 SZDE~
: YE8
: SADDLE STITCH
: OUR TRUC~
= PGS: 2 PHS. 2 SIDE5
IMAGE READY DISK PRoVZDED
Quantity
Total $$ Per /M
3000 3683.00 1227,67
4000 4080.00 1020.00
SO00 4513.00 902.60
6000 4934.00 822.33
This estimate ti based on current rates and coati and is subset% to review
In 30 d&yl. Thank you for thil opportunity - wa hope to be of lirvlce to you.
Randy Bailey
~cCep~ed by:
MAR 5 1997
I, 74,
O/kl Hal, front=:
C)uQ tone/T :[nts:
Color 8eps
P&~r One
Pat)er Two
Par)er Three
Inks
Ble,Kle
BOa MATRZX CLOGS COVER
BO# PI~TR~X GLOSS TEXT
4 COLOR = 2 $ZDE$
YES
~AO0~ ~TZTCH
Sunbe~
MAR 2 5 1697
MkR ~ 5 1997
f';'[Z~/P&ga& : O.S X J I :~ 24 PAGE~ + COVER ""-"---'
80# ~RTR[X GLOSS COVER
R~fl NATR~X QLOSS TEXT
· C¢)LOR · 2 ~IDE$
YES
: )30# M,q'iR]~X GLOG$ COVEIq
:
: CV: 4 C[~LOR~ 2 ~Z()E~ ~ ~GS: 2
: YES
: ~A~OLE ~T~TCIt
~,u -43Bi
P~,S, 2 ~ID£S
MAR :e 5 1997
Memo
3200 Bo;by Lmm. Suit,
Nople$, FIo~da 3,1105,
941-263.1
Fax: 941-263-~
Interact: ~iness.com/nc~s-
Tm Greg
Frm~ T~vr~e McElroy
John P~s~dorno
Sus~m
~ Fel:~m~ 10, 1997
Ri. Bids
Enclosed please find three pdce quotes for Industrial Park Guide, being developed
by EDC and pik] for through ~e pu~lc/pdvate pl~tnersNp he.men the Cou~y
The quantity we will be FxtntJng is 6,000. The cost bids we received am as follows:
We h~ve chosen to selec{ PmssUge Printing to ;xtnt ~is guide. The reasons for this
Include:
The Economic Development Council of Collier County has a mission to Ixom<Xe
expansion and retention of local busing. Pmsstige Pdnting Is located In
Collier County and has been servicing local and regional businesses for 16
years.
2. PressUge Printing~s equipment and quality of work is better than the competing
b;ds. (see attached letter from PressUge.)
Please L~_,e payment to Pmsstige Printing based on the attached ixlce quole for the
specified publication.
® Page I
· I
4551 Arnold Avenue
Naples. FL ~4104
941-643-3~84 - Fix 941-643-5015
DATE: 0i-29-1997
3200 Batls¥ Lane
N&ples, FL ~4105
26004
~ttentlon: Tamm¥
We are pleased Co submit our EBTIM~TE for the following printing ~ob:
Description : INDUSTRIAL P~RK GUIDE
8~ze/Pages : 8.5 X 11 · 16 PAGE6 + COVER
Desktop Publ :
ProOfl : DYLUX · MATCHPRINT
8/W Halftonea:
Color Seps
Paper One
Paler Two
Paper Three
Inks
Bleeds
Zold/Blna
80# MATRIX GLOSS COVER
70# M~TRIX GLOSS TEXT
CV: 4 COLOR, 2 8IDES ~
YE8
SADDLE STITCH
OUR TRUCK
PGe: 2 PHS, 2 SIDES
IMAGE READY DISK PROVIDED
Quantity Tote/ $$ Per /M
3~:)00 2977.00 992.33
4000 3316.00 829.00
5000 ~644.00 728.80
6000 3988.00 664.67
This estimate ts based on current raCes and coats an= 18 Iub~e~t to review
tn 30 dayl. Thank you for this opportunity - we hope ~o be of ilrvici to you,
Sincerely.
Bailey
Accepted by:
MAR g 5 lgg7
01-21-1997 t8=~8 Sdl649~626
COVER
I~TCHPAZNT
Duot~ne/T~nt~:
Parwr One
PaD4r Two
P. 002
: 80e HATRIX GLO58 COVER
: 801 i'~ATRZX G~Og$ TEXT
:
: CV: 4 COLOR. 2 ~ZOE8
: YE9
MAR ?, 5 1997
Pr~s Pri~n~
ROll PIATRXX GLOR8 COVER
H~%lRXX GL. OCS TEXT
YF.G
~OOLE ~]TCH
PGS: ~ PM~, 2 SZO£8
r
RIBCO~II~JDAT~FON TO APPROVE FOR RECORDING
HBRZTA~u (3REBNfJ f/k/& DOVE POIb'TE
~ Z'ZZlZ~ ~Z~T OZ~
To approve for recording the final plat of Heritage Greens.
The Board of County Commissioners approved for recording the
final plat of Dove Pointe on November 2, 1993, as part of a PUD
amendment, the name of 'the subdivision is now Heritage Greens.
The fiscal impact to the County is none. The
project cost is $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:
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.
Executive Sunnary
Heritage Greens
Page 2
None
That the Board of County Commissioners approve the final plat of
UHeritaqe Greensu, with the following stipulations=
1)
Accept the Construction and maintenance Agreement for
CoBBunity Development Districts as security to guarantee
completion of the Suixilvision improvements.
2)
Authorize the recording of the final plat of "Heritage
Greens-.
3)
4)
Authorize the Chairman to execute the attached
Construction am~ Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received pralininary
acce~.~nce,
PREPARED BY:
Engineering Review
Date
REVIEWED BY:
Engineering Review Manager
Director - Planning Se'r~es
Co~unity Development & Environmental Services
Date
Date
Community Dev. and Environmental Svcs. DIVISION
JRH=ew
HAR 2 5
Pg o.~....
I{ERITAGE GREENS'
t· ,
CONSTRUCTION ~ND MAINTENANCE ~GREEMENT FOR SUBDIVISION
IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS
THIS 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 D~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 hereby 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 ~6)~~/~
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 cons=r~ion
approval to the Districl
-- 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 ~quired 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 Board 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 sba1! 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 Improv,ments 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
· 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
equal 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 ~ond 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
Project
funds are sufficient
for which~
/
to finance the
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:
To the Developer:
To the Board:
With a Copy to:
To the Trustee:
Gary L. Moyer, District Manager
10300 N.W. 11th Manor
Coral Springs, Florida 33071
James M. Reinders
277 North Collier Blvd.
Marco Island, Florida
34145
c/o County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
Collier County Attorney
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34'112
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 DISTRICT:
IN THE PRESENCE OF: HERITAGE GREENS COMMUNITY
By:
G~[ry L .-~fe%, ~
District Secretary
/
HERITAGE GREENS I~EVELOPMENT LIMITED
By :~
-7-
,A,.GEI~JDA, ITEM
lIAR 2 5
Pg.,.,~~
~TTEST ~
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMIBSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form
and Legal Sufficiency.
By:
Timothy L. Hancock, Chairman
Acknowledged and assented to:
FIRST ~IRIONNATIONAL BANK OF FLORIDA
as Trustee under the within-mentioned
Bond Resolution
Its: Y ¢ Y ,
OF
2eheritage\conJfna in.
AGEtZ)A ITEM
P, AR 2 5 ~?
-8-
~ruar~, 25, 19:)7
J~noli, BarBer & ~-cr~c.e, Inc.
7400 ~orth ~ami Trail, ~uite 200
Na~lea, Florida ~410~
Thrcs~.h ~his le:.:er, ~e wish to notify Mcur office o~ the follo~inq actions
~,bat Bcraess Inc. is cffertnq to exe:tm.e An order to initiate ~rk at ~erit~qe
Aa M~u ~o~, ou~ 1~1~ m.~ bid for the ~e~'elop~ent of t~ ir~rast~ure
for ~1,~14,514.00 ( ~ ~llion ~ ~
h'~ ~ f~ ~ller~ ~ zero ~ts ~: this
~7 ~rk. ..
~ ~rk a~ivit~ ~s co~i~r~ excl~ive!y ~rt o~
~lc~nt: t~relom t~ 1~ s~ li~e present~
~ ~is~m~e 1~ tMs e~l'A~. For ~his
:~ ares~m~e i~l~in9 t~ m~U e~rk
Should you have an7 clues~.ions or comments on our no-.ice, please do not ~'sitate
to coraac~ our o.~f£ce.
DH/mjb
997
AGEHDA ITEM
MAR 2
.O~CTIVE: The Board of County Commissioners, Ex-Officio the
Governing--Board of the Collier County Water-Sewer District, to
&ccept the newly-constructed water facilities to serve Whittenberg
Sales Trailer and authorize the recordation of the appropriate
legal documents.
C~8XDE~ATXOt~R:
1) The Developer of Whittenberg 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 have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
6) Surety for utilities is covered under the Subidviston
Improvement acceptance.
FISCAL IMPA~T: 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 op~rating and maintaining the water
facilities will be paid by monthly user revenues.
_GROWTH MANAGEMENT IMPA~T: 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.
MAR 5 1997
Executive Summary
Whittenberg Sales Trailer
Page Two
I~(~NDATION: That the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, accept the water facilities for Whittenberg Sales
Trailer, with the following stipulations:
1) The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued until
the following items have been furnished.
2) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of the sewer system into service
and approving the water distribution system for service.
3) Bacteriological testing has met the County's req~irements.
4) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire hydrant
for ownership and maintenance.
5) Receipt of payment of water usage from Utilities for
bacteriological testing
PREPARED BY:
Technician
Engineeri~ Review Services
II
Date
Engineering Review Se~. M~nager
~P.,,1,~u:~ng Services Department_~!rector
Vincent A. Cautero, Administrator
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
s '17
Date
attachments
T', BAlDN
A~RPORq- PULLINF, (C R
m
NO.
NAR 2 ~ 1997
WATER AND SEWER FACILITIES ACCEPTANCE ~'~R
I~:~H~ LAKE
O~JECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the County Water-Sewer District, to accept the
newly-constructed water and sewer facilities to serve Northshore
Lake Villas and authorize the recordation of the appropriate legal
documents.
COnSIDErATIONS:
l} The developer of Northshore Lake Villas 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 Utilities
Division 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 S~bdivision
Improvement agreement.
~ISCAL 174PA~T: 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.
IlAR 5 1997
Executive Summary
Northshore Lake Villas
Page Two
~)NTH IdANAGEMENT IMPACT: The sewer facilities will be connected
to the North County Regional Wastewater Treatment Plant 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
ItECCt~NDATIONS: That the Board of County Commissioners,
~Governing Board of the County Water-Sewer District,
accept the water and sewer facilities for Northshore Lake Villas,
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 for water usage from Utilities for
bacteriological testing
PREPARED BY:
Shirley Nixing Technician
REVIEWED BY:
Engineering Review Services Manager
Date
MAR 2 5 1997
Executive Summary
Northshore Lake Villas
Page Three
Donald'S. ~nold, AICP
Pla~g Servi~e Department rector
Vincent A. Cautero, Administr~r
C0~J~ITY DEVELOPMENT AND ENVIRONMENTA SERVICES
attachments
Date
NO.
AG£~
MAR 2 5 1997
BAY
rOR£$!
ARBOR ~RAC[
VANOERE
V~L~G£ PLAC~
C.R.
WIGGINS
VA~t)[~U~L 1
~LLA<,
RIV~.R T~'U,SI
PARK
15
wi' S1
27
11
NAPLF~
IMPERIAL
GOLf
ESIAT£S
ROAD
SOUTHAMPTON
26
Secti.on
21; Townsl~ip 48 South; Range
LOCATION MAP
25
Eost
PREPARED BY'
ENGINEERING
CONSL
RECOMMENDATION TO APPROVE A ROAD IMPACT FEE CONTRIBUTION AGREEMENT FOR
S.R. 951 FOUR-LANING WITH 951 LAND HOLDINGS JOINT VENTURE.
.O.~: To obtain Board approval of a Developer Contribution Agreement for Road Impact
Fee Credits with 951 Land Holdings Joint Venture.
~-~: Consistent with the Agreement between the FDOT and Collier County dated
February 19, 1985, for cooperation in the design/permitting/construction of the four-laning of
S.R. 951, Collier County entered into an agreement with 951 Land Holdings Joint Venture dated
April 4, 1995, for the use of an excavation site from which fill was removed for the consl~uction of
the four-laning of S.R. 951 between New York Drive and the Marco River Bddge. The
'Contribution* includes the following: (a) use of an excavation site; (b) excavation of fill material
from the site; (c) removal and use of the excavated matedal for S.R. 951; (d) restoration of the fill
site; and (e) environmental permitting of the excavation site at the Federal and State levels. The
agreed upon value of the above, based on unit price data and price proposals, has been negotiated
at the total amount of $243,500.00. As noted in the Agreement and as Included in the valuation,
the Developer assumes the responsibility for lake excavation not completed by the FDOT
Contractor, for littoral shelf planting in compliance with all applicable permitting requirements, and
any and all obligations to complete any work described or related to or as may arise in any way
from the County/Developer Agreement dated April 4, 1995.
The above work value shall entitle the Developer to Road Impact Fee Credits in the amount of
$243,500.00.
E~: The total fiscal impact of the agreement is the above-noted Road Impact Fee
Credit in the amount of $243,500.00. The credits are applicable to the Development, and the road
capacity needs of the development will, in part, be fulfilled by the four-laning of S.R. 951. Hence,
the use of the Road Impact Fee Credits will follow behind the road improvements and, accordingly,
not result in adverse impact on the applicable road impact fee district and/or fund.
Not applicable.
authorize the Chairman to execute the Agreement.
PREPARED BY:~'~
awd Bobanick
Intedm Transportation Director
Raymond W. Miller, P.E.
Interim Public Works Administrator
That the Board of County Commissioners approve the Agreement and
DATE:_..~~' 7
GFA/mk/022597/ES 951 RIF Agmt.doc
liAR Z 5 1997
DEVELOPER CONTRIBUTION AGREEMENT*
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as
*Agreernenl') il made end entered into by and between COLLIER COUNTY, a political subdivision of
the State of Florida (hereinafter referred lo as 'County') whole mailing address fl 3301 Tamlamt
Trail East, Naples, Florida 34112, end 951 LAND HOLDINGS JOINT VENTURE, a Fkxlda C.,eneral
Pertnerlhlp. Itl auccas~ and ISsignl (hereinafter referred to Il 'Dlvelope~) whose mailing
address il 4001 Tlmlaml Trail North, Suite 350. Naples, Florida 34103.
V,q-IEREAS, Developer holds fee simple legal title to Ihe real properly (the *'Properties')
located In the unincorporated area of Collier County, FIoeida, said Properties being described in
Exhibit "A'; and
WHEREAS, Developer represents that no obligation or undertaking hereunder i~ barred or
prohibited by any conbectual agreement wilh any olher ~ or entity; end
WHEREAS, Florida Departmenl of Transportation ("'FDOT') and County ere desirous of
making improvements to S.R. 951 (Isle of Capd Road). said Improvemanla being the four-laning of
S.R. 951 from U.S. 41 lo the Marco River Bridge; and
WHEREAS. The Improvemenl.~ to S.R. 951. herein referred to as "widening Improvements,'
require an excavation site. excavation of fill matsrial from the site. removal of excavated material for
use of S.R. 951. and restoration of the fill site located on property owned by Developer are
collectively referred Io as the "Firsl Conldbution'. The excavaUon site located o~ property owned by
Developer il more particularly shown in Exhibit 'B' which is attached hereto and made a part hereof;
and
WHEREAS, Collier County and the FDOT recognize that the cooperation of adjoining
landowners will accelerate road improvements and result in substantial co~t savings pumuant lo the
crileda sel forth within Collier County Ordinance 92-22. as amended, recognizing lhal the off-site fill
excavation contribution Is an integral part of and a necessary accommodation to lhe transportation
network; and
WHEREAS. both parties to this Agreement acknowledge that the Road Impact Fee Credita
('Credits') established under this Agreement shall run with the Prol:~rties. and shall be reduced by
the amounl of the Road Impact Fee due Ior each building pan'nil issued thereon, until all such Credits
have been exhausted; and
WHEREAS. both parties lo this Agreemenl acknowledge Road Impact Fee Credits shall be a
credit only against Road Impact Fees. and that such Credits ah, all not offset, diminish or reduce any
other charges, fees or other impact fees for which Developer is responsible in connection with Ihe
developmenl of the, Properties; and
WHEREAS. the Developer has assisted the County and the FDOT in accelerating the needed
improvements by providing a fill material excavation site in return for certain assurances by FDOT
and County having lo do with timing of the widening improvements and Ihet developmenl of the
Properties can occur in accordance with previous and future approvals of the County and that the
provision of providing an excavation ~ite. excavation of fill materials from the site, removal of the
excavated malarial for use on S.F(. ~51, and restoration of the fill site in accordance with
County/State/Federal permit requirements will qualify for Road Impact Fee Credils in accordance
with County Road Impact Fee Ordinance No. 92-22. as amended, es further detailed herein; and
WHEREAS. such proposed plan is in conformity with contemplated improvements and
additions to the Iransportation network; and
WHEREAS. such proposed plan. viewed in conjunction with other existing or proposed plans,
will not adversely impact Ihe cash flow or liquidily of any Road Impact Fee Trust Accounl in such a
way es Io frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the transportation network; and
WHEREAS. such proposed plan. viewed in conjunction with other existing or proposed plans.
will not creale a detrimental imbalance between the arterial and collector roadways; and
VVHERF. A~, the ~ plan is cormislent with the pobiic interest; and
VVHEREAS, both parties to this Agreement mcknowkKlge that the b~ m")d benefits of' this
Agre~rr'~nt Ih,ill bt binding I.~ Ir, d Ih·Il inura ~ I~ ~.~coeasore in interest to ~ peruse to ~
Agreement; and
WHEREAS, both parties to this Agreement ac~x3wfedge that this Agreement is not to be
construed als · devlk3pmenl agrlemenl urtder If~ Florida Local Oovemmefll De~elcq:WlXlnl
Agreement Act.
NOW, THEREFORE, for and in consideration of the premises and respective ~ of
the palies hereinafter set forth and the sum of TEN ($10.00) DOLLARS, and other good and
vah. mb4e considerabon, the receipt end suff'~ency of which ·re hereby mulually Ic~'towl~, It is
agreed by and between the Partes es follows:
1. The above recitals are true and correct and are herewith incorporated as · peri of this
Agreement.
2. The Developer shall receive an Impact Fee Credit in the ·mounl of $243,500 for the
provision of providing an excavation site, allowing excavation of fill material, allowing removal of
mai·riel for use on S.R. 951, and restoration of the fill site in accordance with County/State/Federal
permit requirements collectively referred to es the 'First Conlributic>n'. The restoration of the fill site
is more specifically described as follows:
a. Littoral Zone Plantings of all three lakes ssi forth in Exhibit 'B' in accordance wilh
permit requirements.
b. Final Lake Excavation in accordance with Apdl 4, 1995 Agreement which obligates
excavation to a minimum depth lhal is greater than required by permit conditions.
c. Final Lake Bank/Lake Slope grading if required after completion of additional lake
excavalion.
The value of the above-hOled 'FJrsl Conldbution' of $243,500.00 has been determined
by unil price analysis of the County and by conlract proposal of the Developer.
County.3. This Agreement shall be effective on the dale it is executed by said Developer and
4. Developer assumes responsibilily for completion of remaining work described in
Paragraph 2.a. above in accordance with County/Stale/Federal permit requirements related to litloral
shelf planting. Developer releases County, its officials and employees from any and afl obltgations or
claims relating in any way 1o or adsing in any way from Ihs lake excavation, Ihs completion of lake
excavation/restoration/operations or other work on the Developer's Properties including, bul not
limited to any work related in any way or arising from the County/Developer Agreement dated April 4,
1995, entitled. 'Collier County Agreement Relating To Widening Of State Road 951 .' Developer also
hereby expressly assigns any and all claims il may have against Westwind Cor~tracting, Inc. and the
Florida Department. of Transportation for any lake excavation or completion of lake
excavatiorVresloration/operalions or other work on Ihs Developer's Properties relating In any way to
Ihs widening of State Road 951. In ex,'.hange for Ihs value of Firsl Contribulion, the assumption by
Developer of responsibility for the ~,~c,,'af ~helf planling, Ihs assignment of claims referenced in this
paragraph and the release by Developer of County from the obligation to repair or complete any of
the work described in Paragraph 2 above or that relates to or adsee in any way from Ihs
County/Developer Agree··hi dated Apdl 4, 1995, as to such work, Developer shall be entitled to
Road Impact Fee Credits in Ihs amount of $243.500. Such credits shall be effective upon execution
of this Agreemanl by both parties and installation of the littoral shelf planting referenced in Paragraph
2.·. of this Agreement. County and Developer agree that Counly has no further righl Io enler upon
Developer's Properties Io excavate, remove and use fill, and Ihal all fill and/or other slOCkpiled
mat·dais loc·led on the Properties is the sole properly of the Developer.
5. Effective immediately, until develop··hi of the Properties is ~;ompfeted, or until
balance of Ihs Road Impact Fee Credits have been reduced to zero (0), the County sha~
portions of the Road Impact Fee Credlla toward Ihe Road Impact Fees which the Developer is
required lo pay for each building permit which II applied for on the Properties, or other property
described in ~ctJon 6, rlducirlg the balance of the Road Impact Fee Credlt~ by the lame amount
due for each building pan'nit ~o Issued.
6. AJI Road Impact Fee Credlt~ granted Io any developer hereunder ~all be auignable In
whole or In part to lay lucoaasor or assign Claslgnated by laid Developer, I~:ludlng and without
limitation, I Community Developmenl Dilb'lct lubject to Credit application within Road Impact Fee
District Four, as defined In Ordinance 92-22, Appendix B, as arnefxled. In eddltior~, ~ Road
Impact Fee Cmdita may be used by any Developer. it~ sucoassor or assign, for any land
development project in Road Impact Fee District Four. regardless of whether such project directly
CO. heCta to S.R. 951.
7. County she, provide Oevek~par w~th a oarUned copy ~ ~Js ~m, ~ afl
L~), ~ ~e as ~ ~ger s~t !o d~nt ~1 ~ ~ ~ ~ F~
6. This document Incorporates ell agreements or undemtandlng~ applicable to the mette~
contained herein, and Ihe padiee agree thai there are no commitmen~e, agreement~ or
ur~tandir~s co~ceming the subject matter of this Agreemenl I,hal afl no~ contained In ~is
Agreement. Accordingly, It is agreed that no devialior~ of the terms hereof ~11 be predicated upon
any prior representatlo~ or agreemenls, whether oral or written. It is further agreed that no
modification, amendment or alteration of the terms or conditions co~talned herein ahafl be effective
unless contained in · written document executed with the lame forY~lity, and of equal dignity
herewith.
9. Unless othervv~e specifically stated herein, the Agreement ~hall be governed and
cof~strued in accordance with the Law~ of the State of Florida.
IN WITNESS WHEREOF, the County and the Developer have cat.mad this Agreemenl lo be
signed or~ the day and year first written above.
DATE:
A'F'TEST:
DWIGHT E. BROCK, Clerk
BY:
, Deputy Clerk
Approved as to form and legal
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY L, HANCOCK, Chairman
I MAR 1997
by:. GB 100 L..~D.. n Florida limited ~:
By: · '
4001 Tl~rntami Tmll'Norl~, Sufle 350
(Print ~ Type) N~ples. Fi. 34103
COU~TVOF
Serial/Commission #:
My' Commission Expires:
(S~-gnatu~ of I~'o~r~ Public)
(Print Narne~f Notary Public)
NOTARY PUBLIC
GFA/mk/121396/SR 951 Fid C4'k RIF C.,mdit. doc
HAR 2 5 1997
fG.
DEVELOPER PROPERTIE:~
All lands lying In Sections 11, 13, 14, 15, 22, 23, 24 and 25 of Township 51 Iouth, Range 26 East.
Collier County, Florida, being more plrliculady described as the FJddler*l Creek Planned Unit
Development and/or other proper~as under the ownemhlp of 951 Land Holdings Joint Venture.
lands h/lng In Sections 11. 13, 14, 15, 22, 23, 24 and 25, Township 51 South, Range 26 East,
Coilier C<xmty. Florida, under Ihe ownership of 951 Land Hoidtngl Joint Venture and/or la~dl
Included in [he Fiddlar'l Creek Planned Unit Developmenl.
MAR 5 {99?
EXHIBIT *C'
DE"VELOPl~R.S ROAD IMPACT FEE CREDIT LF_DGE~
J~: This Road Impact Fee Credit Ledger is Intended lo document the balance o! Road
Impact Fee Credlta applying ONLY Io Ihe following property:
A parcel of lind lying in ~ection >, Township > South. Range > Eall. Collier County. Florida; being
more par%lculirly described al follows:
BEGINNING BALANCE .
MAR z 5 {997
ADOPT A RESOLUTION TO AUTHORIZE A LOAN FROM FUND (341) AS THE
FUNDING SOURCE FOR THE RADIO ROAD BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT FACT SHEET AND RELATED EXPENDITURES IN
ORDER TO SURVEY PROPERTY OWNERS WITHIN THE RADIO ROAD
BEAUTIFICATION AREA.
~: That the Board of County Commissioners authorize
staff to proceed with a Fact Sheet and Survey dest911ed to
address the Radio Road Beautification Municipal Service Taxing
Unit and approve mailing related expenditures from the
assessment receivable Fund (341).
~Q~~Q~: On December 17, 1996 the Board approved the
creation of the Radio Road Beautification Municipal Service
Taxing Unit by adopting Emergency Ordinance No. 96-84.
Creation of the MSTU provides for the levy of a specific ad
valorem tax to fund general landscape improvements and
maintenance within the Radio Road corridor. The established
millage cap is one-half a mill per year.
In order to inform the public on the issues involved, staff
proposes to mail the attached Fact Sheet and Survey to property
owners within the Radio Road Beautification MSTU area. This
survey will provide a method for the affected property owners
to express their approval or disapproval to the formation of
the MSTU.
FISCAL IMPA~T: Cost associated with this mailing include
labels, printing, and postage for approximately 6,000 property
owners. The estimated cost for the initial mailing is $1,300;
return Survey mailing will not exceed $2,000. Total printing
and mailing costs is estimated at $4,500. These costs will be
paid from the Assessment Receivable Fund (341). Associated
costs related to printing and mailing are expenditures that can
be incorporated into the MSTU costs; thus repayment to Fund
(341) is possible if the MSTU is adopted and approved. A
Budget Amendment will be required taking funds from reserves
and placing then in the appropriate budget line item.
Estimated project costs and tax revenue estimates are addressed
in the attached Fact Sheet.
GROWTH MANAGEMENT IMPACT: None.
MAR 5 19 q7
Page 2
Executive Summary
Radio Road Beautification MSTU
~.~: That the Board of County Commissioners adopt
the attached Resolution with attached Fact Sheet and Survey,
authorize staff to proceed with said Survey through the
appropriate mailings, and approve a loan from Fund (341) as the
funding source for the mail-out.
Prepared hy:~eAss~t
Public Works Divis~gh
Reviewed b...~~''~/ _
~ector
Public Works Division
Reviewed by:
Raymond W. Miller, P~-~
Interim Administrator
Public Works Division
Date
Agenda
Attachments:
Resolution w/Exhibit A
RESOLUT:ON NO.
A R£$CLLT:O~ AUT. HCR:Z:NG A L¢~N FRO~ FL~ 342 AS
TN£ FL%::NG SOLrRCE FOR TR£ RA~ZO ROAD
BEAbTIFZCATION M1.INIC:PA~, S£RVZC£ TAXING U1qI? rA.'T
SH£ET JU4'3 RELAT£D PR:NTING AK~ I~AILING
EXP£.~/~I~.~£S ZN ORDER TO SL~VEY PROP£R."'Y OI~RS
W:TH:~ T~£ RADIC ROA3 M.S.T.C. ~ql~ TO A~ROVI: T~Z
FACT SH££T FOR SAZD $~VI~Y
:
3
4
t tCHER~AS, the Board of County Cct~tSltoners on
9 &do,:ed s~ E~etge~:7 Crdi~a~ce No. ~-14 which Frcv:des f=r the
1: Unit; and
12 ~R~AS. the crea:io~ o~ the Ra~:~ Road
13 Municipal Service Taxing Unit provides for the levy o! ad valorem
24 taxes to troy:de curbing, irrigation !a¢il~[tem, ~ighting, ~andacape
[9 Se~ce Taxing Unit.
2G NCN, ~REFO~, BE ZT RESOLED BY ~E IO~ OF
21 C~:SS~ONERS GF COLLIER CO~, F~R:DA, that:
that the d~ltr[button o~ a Fact Sheet and Su~ey to pr~tde
[n~or~a:~cn to the ~ro~etty o~eta ~[th~n the ~uRdar[es ~ the
25 Radio Road Beautification ~un~c[pa~ Settee Taxing Unit
best pub::: interemts of the citizens o~ Collier County
the particular area designated a~ a Municipal Se~tce Taxing ~tt.
28 Section ~. The Board of County Co~tssionero here~ finds
that the :~fc~a:io~ as set fo~:h ~n t~e Fact She~:
30 as ~x~:b~: 'A', ap~zc~r~ate:y ~ov~es fa:r and
tnfoF~a:~c~ to the ctt~zen~ a=d pr=Fe~ty ~ers w::h:~
'..4
Se~::~n Three. The Boar~ o~ Z:um:y ~:--;aa~onerl beret.:.
Se~zon Four. The coa~ of
&mcu~ no~ ~c exceed $S.000
Aasess~en~ Receivable Fund
ffrom ~he Radio Road Beautz~:a:;c~ ~STJ
Th~a Resolution adcpted th:l da7 cf March. 199~.
motion, se:cad amd maicrlt
ATTEST:
DWIGMT £. BXOCK, CLERK
18
~g Approved aa ~o ;arm end
legal sufficiency:
~0
County Attorney
;.3
:'4
::'5
.-.~.
34
COUNTY, FLOR Z DA
ny:
I I~/~ z 5 1997
EXRI~I! A
The Board of County Commissioners has received numerous inquiries related to landscaping the
Radio Road corridor between .4irport/Pulling Road and Santa Barbara Boulevard. Staff was
given direction to survey the property owners to determine if su. Oqcient interest exists to proceed
with the landscaping project. This fact sheet and survey are being mailed to you in order to obtain
your input into the beautification project and the subsequent taxing district that will fund said project.
Why are Radio Road Landscape
Beautification Improvements
under consideration?
Due to numerous inquiries regarding landscaping
beautification to the Radio Road corridor, the
Board of County Commissioners on December
17, 1996, established a Municipal Service Taxing
Unit (M.S.T.U.). The purpose of the MSTU is
to fund landscape improvements and ongoing
maintenance along Radio Road. The proposed
Radio Road Beautification MSTU is similar to
the units that currently exist in Golden Gate,
Marco Island, Lely Golf Estates and lmmokalee.
Where is the Project located?
The landscape beautification project is
located along the Radio Road corridor
between Airport/Pulling Road and Santa
Boulevard. (Refer to map)
What Beautification
Improvements are proposed?
The proposed improvements for the Radio Road
corridor will include design, consuucfion and
maintenance of median landscaping plants and
Ixees, irrigation, curbing and accent lighting. The
proposal calls for approximately three miles to
be landscaped over the next several years.
What is the proposed schedule for
implementing the Beautification
Project?
Assuming an annual one-half mill of tax levy,
the proposed improvements will be constructed
in six phases, starting in 1998, with estimated
completion in 2003. At a designated one mill
annual tax levy, the proposed schedule would
be three phases starting in 1998, with estimated
completion in 2000.
What are the estimated costs of the proposed improvements?
A typical mile of landscaped roadway segment is:
Landscape/Irrigation Design & Permitting
Landscape/Irrigation Construction
Total
$ 30,000
270,000
$300,000
Annual Landscape Maintenance (Median Only)
Annual Maintenance (Entire Right-of-Way)
$ $0,000
80,000
Total 3-Mile Construction Estimate (Median Only)
Estimated Perpetual Annual Maintenance Cost (Median Only)
Estimated Perpetual Annual Maintenance Cost (Entire Right-of-Way)
$900,000
$I~0,000
$240,000
What will be the approximate cost to individual homeowners?
A single family unit valued at $ ! 25,000 with a $25,000 homestead exemption would pay an annual
tax levy of $$0 if the one-halfmili levy is adopted with a six-year completion. However, ifa
mill levy is adopted for three years, the same single family unit would pay an annual $100. Under~'
the one mill alternative, the millage would be reduced to approximately one-half following project
completion.
How can I obtain more information on this Beautification Project?
County staffwill be available to meet with individual homeowner associations to review the impact
of the project upon their development. Additional questions can be directed to the Public Works
Division at (941) 732-2575.
BEAUTIF!CATION
'-'1'- '--I-
mae
MAR Z 5 1997
· urve¥ 4itileNliOlililiire
On December 17, 1996, the Board of County Commissioners approved Emergency Ordinance
No. 96-84 creating the Radio Road Beautification Municipal Service Taxing {]nit (MS. r. u.) with
a tax levy ofone-halfmi111n, r year. ,411 registered property owners within thl~ area are asked to
take a moment and answer t). - following questions by marking in the appropriate space provided
and returning said survey. Pit ~se note that the proper foM will return this survey to the appropri-
ate address and department (po~tage is prepaid). In order to seal this survey, please use tape; the
post o. ffice will not process if stapled.
Question #1
Do you support lane Board of County
Commissionen' action to create a Radio Road
Beautification M.S.T.U. to provide for the design,
construction and maintenance of median landscape
improvements within the road right-of-way, such as
plantings, irrigation facilities, curbing and accent
lighting, for that portion of Radio Road lying
between Airport/Pulling Road (County Road 31) and
Santa Barbara Boulevard, being approximately three
(3) miles in length.'?
YES NO
Question//2
In order to meet the requirements of the M.S.T.U.,
shall the Board of County Commissioners designate
a Beautification Advisory Committee composed of
residents being registered votm from within the
Radio Road Beautification M.S.T.U. boundaries,
with advisory authority to make re~xnm~~ o~
the financial affairs of the M.S.T.U. and other duti
as may be assigned fi'om time to time by the Board
of County Commissioners?
YES NO
Question #3
Do you ~upport a one (1.0) mill levy for the fu'st
three (3) years in order to expedite the
commencement/completion of the improvements and
then at such time revert back to the one-half (.5) mill
as cm'rently set forth in Ordinance #94-84 to provide
for present and f~rure maintenance services ~d
other miscellaneous approved expenditures?
YES NO
Survey must be returned on or before
I I'4AR Z .~ 199]
EXECUTIVE SUMMARY
AWARD A CONTRACT FOR BID NO. 97-:~6Z6, MARCO ISLAND T-GROIN
CONSTRUCTION TO DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF
$313,100.00.
J~~ To award a contract to provide stabilization of two (2) hi,dy erosive
are~:: along Hideaway Beach by the placement of five ($) T-Groin structures consisting of
sand f-died geotextile bags and the placement of beach compatible sand between the
structures.
CONSIDERATIONS~ Sealed bids for Bid No. 97-2626 were opened on March 5, 1997.
Advertisement for bids was posted on February 10, 1997. Invitations to bid were sent to
thirty-nine (39) vendors. A summary of the bids received is as follows:
Douglas N. Higgins, Inc.
Lucas Marine Construction, Inc.
Naples Dock & Marine Services, Inc.
Kelly Brothers, Inc.
Vanderbilt Bay Construction, Inc.
Cone Constructors, Inc.
*Corrected Amount
$313,100.00
349,700.00
420,834.00
486,965.00
568,645.00*
750,500.00
The staffhas reviewed the total costs and has found them to be correct as tabulated above.
The engineer's estimated cost of construction was $307,700.00. A thorough review of
the proposals was conducted by the staffand design professional. As a result, based upon
verified qualifications, it is recommended that Bid No. 97-2626 be awarded to Douglas N.
I-liggins, Inc. 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108 in the
amount of S313, 10000, being the lowest qualified and responsive bidder.
The following additional information is provided to enable a complete understanding of
the circumstances involved with this consideration:
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 28, 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.
MAR 1997
Executive Summary
Page 2
Coil:
Coil Center:
Project Number:
$313,100.00; to be obligated in the budget for FY 96/97.
(195) Tourist Development - 60%
(110406) Beach R~nourishmem & Pass Maintenance - Category A.
(80218) Marco Island Beach Maintenance.
Funds in the amount of $307,700.00 have been appropriated for
this purpose. Therefore, approval of a budget amendmem is
necessary whereby funds in the amount of $36,710.00 ($5400.00 +
10% continsency) will be transferred from the reserves of Fund 195
to Account No. 195- I 10406-763100-80218 to provide suff~ient
funds for this obligation.
None.
That the Board of County Commissioners:
Award a contract for Bid No. 97-2626, Marco Island T-Groin Constructi~ to
Douglas N. Higgins, Inc., in the amount of $313,100.00 subject to receipt ofstate and
federal permits on or before March 28, 1997.
2. Approve the necessary budget amendment.
PREPARED BY:
REVIEWED BY:
Authorize the Chah'man to execute the contract.
REVIEWED BY:
REVIEWED BY: ~~emcn!
P~'n~nd W. Miller, P.E., Interim Administrator
Public Works Di~sion
Ha~ld E. Huber. Project Manager III
O~ce of Capital Projects Management
Steven Y. C~arncll, Dir~lor
~'c~ ~'panment
Adotl'o A. ~Dit~or
/ z . 9 7
HAR 2 5 1997
Executive Summa~'
P~se 3
Steve Ctrnell, Purcl~sing Deptrtment
M~rco Island Beach Renourislunem Advisory Committee
Beach Renourishment/Maintenance Committee
Humiston & Moore Engineers
Doug~u N. Hil~ins, Inc.
HUMISTON
MOOR
ENGINEERS
C OAS
AND
NAILS. rL(~tI::)A ~410(I
March 11. lgg?
Mr. Harry Huber, P.E.
301 £. Trait
SENT VIA FAX 774~370
Original m~ll~cl
M~rco Is~ncl T~groin ¢onsL-uctton, Reax~mencl~on of Awa~l to Low Bidder
F'de No. 3021TO
We have revk,,~ me t~ds for the referenced project. Due to the fact that this involves
the specialized activity of filling geotextile bags. only one of the six bidders listed
experience on a I~'oJecl that included this specific type of construction, which was the
erosion control project on Marco Island. However, the centractor who aid that work was
fifth from the Iow bid for the T-groin ~oject.
We have contacted f'we of the seven references for previous projects completed by the
Iow bidder, Doug{as N. Higgin$, inc. AJI of the references described Douglas N. Higgins
as a very responsible contractor who compleles projects on time, ancl without unjustified
requests for change orders or c~alms. Douglas N. Higgtns has in the past anti continues
lo work for Collier County, and we warn given a favorable necommendatlon by the Collier
County Utilities Department staff as well as the County's design engineering consultant
on those project.
Based upon our review, we believe Douglas N. Higgins, Inc. is qualified for
referenced project, and we therefore recommend that they be awarded the ~
Sincerely youm,
HUMISTON & MOORE ENGINEERS
Kennelh K. HumL1ton. P.E.
EXECt~'FVE s0'J(IGRY
APPROVE AKENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
WITH HETCALF & EDDY FOR THE NCRWTP 8-MGD EXPANSION PROJECT.
~~ That the Board of County Commissioners, Ex-Officio
the Governing Body of the Collier County Water-Sewer District
approve Amendment No. Four to the subject agreement to provide
for additional engineering services to complete final design for
the North County Regional Water Treatment Plant (NCRWTP) 8-mgd
expansion project.
~ONSZDZRATZONS~
1. On September 3, 1996, iten 16(E)(1)(K), the Board approved
work orders CDM-FT96-3 & 4 for Camp Dresser McKee to perform
constructibility and errors and omissions reviews of the NCRWTP
8-mgd Expansion project. As a result, various items were
discovered that require additional engineering services for
improvements to complete final design for this project. Each
item is presented in detail in the attached Metcalf & Eddy (M&E)
proposal dated February 25, 1997. These items, which are a
portion of amendment #4, subtotal $261,942.00.
2. On January 7, 1997, item 16(B)(7), the Board approved deduct
amendment #3 to M&E's contract, removing all construction
administration, detailed observation and additional
construction-related services.
3. It is anticipated on April 1, 1997, staff will be seeking
Board approval for a negotiated contract for an independent
short-listed firm to provide construction engineering and
inspection services for this project in response to RFP
#97-262§.
4. H&E will provide design clarifications and shop drawing
review during conutruction in conjunction with the short-listed
construction engineering and inspection firm. These services
are the remainder of amendment #4 in the amount of $241,200.00,
time and materials not to exceed.
Total amendment ~4
$503;142.00
Staff has negotiated the proposed scope and compensation as
provided in the attached Amendment No. Four to the Professional
Services Agreement. Approval by the County Attorney's Office is
necessary prior to signature by the Chairman.
Executive Sum=a~
Page 2
~: Funds are available for ~'~ese services in
account 412-273511-631400-70859, NCRWTP 8-mgd Expansion.
Original Contract
Previous Amendments
This Amendment ~4
Revised Contract
$1,181,620.00
( 430,149.50)
$1,254,612.50
~~I~~.,~~: This work will facilitate improving
reliability of water service and is consistent with CIE 859,
NCRWTP 8-mgd Expansion.
~,~: That the Board of County Commissioners,
Ex-Officio the Governing Body of the Collier County Water-Sewer
District, approve Amendment No. Four to the subject agreement to
provide for additional engineering services for the NCRWTP 8-mgd
Expansion project.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
PS:ps
attachment
Peter Schalt, PMP, Pro~ect Manager
Off,ce of Cap~tal Projects Management
/////'i
~Ad.~}f_0A-{ ~~Z.,~ctor ~
Office of Capitg~l ~roJects Management
ymond W. ~ e~, P.E~7 i-~erim Ad~t~is ~a~o~
~biic Works Division
cc:
Karl W. Boyer, P.E., Senior Project Manager
Michael R. Newman, Water Director
John Hermann, P.E., M&E
.air & Water Tochnol~ias Company
Fd~ruaty25,1997
Mr. P~ Schah
Collier Com
Office of Capital Projects Management
3301 East Ttmiami Trail, B-ilding D
Naples, FL 33962
t, q
iViAR
EIVED
0 7 1997
· ' &F CAPITAL
Re: NCRW'I'P 8-MGD R.O. Expansion Project
M&E Project Number 017533/0] 7534
Contract Amendment No. 4
Dear Pete:
We have incorporated the changes to the amendment as discussed with you on Febru&~ 19. Tabulated
below are additional services which Collier County has asked us to perform as part of the design of the
Nor~ County Regional Water Treatment Plant expansion. These services are above and beyond the scope
of'work on the project. These services include items identified in the Cons'tructability Review plus other
services requested by the County.
CA4A: Provide services during construction inclusive of shop drawing review, generate responses to
requests for information, and attend progress meetings.
$241,200.00
CA4B: Investigate and design the recycling of concentrate from the membrane softer~ng arrays into the
reverse osmosis arrays.
$28,000.00
CA4C: Design a pigging system for the raw water ma. in Under this item an operations protocol will be
developed.
$34,500.00
CA4D: Incorporate the well drilling and development pomon of'the project into the contract documents.
$7,500.00
CA4E: Develop a maintenance protocol for the new raw water production wells.
$10,100.00
CA4F: Incorporate into the contract document HDPE Pipe as an alternate material for the raw water
$12,003.00
1997
374C Exeter.ye wa) M,a,~,a· F:o, ca 33025
TEL 954-450-7770 FAX 954-450-5~00
CA4G: Design a bypass for the raw water main directly to the deep injection wells prior to the cm'tridge
falters.
CA4H: Investigate and design moclLqcations to the drainage of the well houses and vaults.
$14,000.00
$18,763.00
CA4I: Investigate and specify a cured in place liner to increase the existing raw water fiberglass pipeline
fi'om its original pressure ralmg to 150 psi.
$2,300.00
CA45: Reconfigure the electrical conduit in the well field from a concrete encased ductbank adjacent to
the raw water main to direct bury conduit m the same trench as the raw water mains.
CA4K: Modify the design to incorporate iow pressure membranes m lieu of the standard membrane.
$12,952.00
CA4L: Invesbgate and design the ventilation for the transfer and concentrate pump stations to minimize
corrosion of equipment in the room.
$26,200.00
CA4M: InvestigaTe the possibility of discharging the existing membrane softening concentrate directly into
the deep mjec~on well system in lieu of the existing concentrate wet well.
$22,800.00
CA4N: Incorporate into the contract documents conversion/replacement of the computer operating system
to a multitasking system using an Ethernet Parallel Networking System.
$9,800.00
CA40: Modify the contract documents to delete the variable frequency drives solid state bypasses for the
reverse osmosis feed pumps.
CA4P: Modify in the contract documents various conduit material designations.
CA4Q: Design the lighmmg protection for the well houses.
$13,600.00
S900.00
S2,800.00
Fdmmy ~, 1997
CA41~ Provide bid phase services for the additional work items in amendments number l, 2 and 4.
$2,200.00
CA4S: Prepare record drawings for the additional work items in amendments number 1, 2 and 4.
$11,166.00
CA4T: Modify the contract documents to conform with and comply with the revised Collier County front
$3,30O.0O
CA4U: Modify the contract docttments to realign the raw water transmission main to avoid conflict with
an ex~g 1 O-inch water main.
$14,450.00
CA4V: Submit and facilitate review of various processes and raw water line changes modified by
amendments 1, 2 and 4 for the FDEP construction permit and Collier Courtly Right of Way and
Site Development permits.
S8,808.0O
CA4W: Incorporate third party testing for various electrical items into the contract documents.
These miscellaneous items, CA4A through CA4W are discussed m detail in the attached pages. This
discussion includes a tabulation of the costs for each specific item.
We trust the aforementioned provides you with the required documentation to process this request. Please
le~ me know if you have any additional needs regarding ~his contract amendment,
Very truly yours,
Roberto S. Ortiz, P.E.
Vice President
CC;
Mike Newman (CC)
John D. Hermann (M&E)
Jeff Moms (M&E)
NORTH COLLIER REGIONAL WATER TREA~ ~ UPGRADE
CONTRACT ~MENT NO. 4
ITEM CA4A
£NGL%T.Z~ Zl
E~GI~T. ER V
SLITOTAL
INTER.
EL,ECTR IC.U./D~ ~'lt~h'T ATI O.~
EZZC'TIU CAL~K ~I'RL'MENTAT i UN
$123.00
34
1~2
412 $99.00
Si0 1~7.00 $30,460.00
20 S1,,~0.00
26~
COORD ~,'~TH SU'B
TOTAL
OTKER D~RECT COSTS
CLEIUCAL
S180,061.04)
S.4.674.0~
R~.PRODUCTION $4.700.00
ORA.ND TOTAl. ~241J00.00
£O'd OOI90SPPS6 'ON X¥3 O03Id/AO03 ~ 39¥0£3g S~:OI 03M LG-SO-BV1A
MAR 4'9'7 88:58 FR +++++*++++++ TO 45891941T'7493'78 P.02
3)
4)
~)
NORT~ COLLII~
2)
tGIONAL WA' 'tR TRF. ATM~NT PLANT
~ONTRACT AI~ £NDMXNT NO. 4
be tailed to thc Co,tory b~ ~ at,
billed above and beyond the vaJue of
track rax~ drawings will be
l~soond m Wnunf ~o wrin~
RFI'$ mU be p~epaxed I~ c~ers ~nc~
_umvide _r,~~or~ to thc
suhsti~~o,,, will be
tlus list. 'Ibc ~ thtou~ w~ll
total) Six peopte wot attend tl~
by ~ (nm I~.E) on thc ~ay of t~
T,_-~_ and Rmmba..~le Cob-t. $241.200
(addmoa Io Task A. 10 8 - Other Se. tv2om
MAR 2 5 1997
** TOTAL
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4B
_~~4B -/NVE~i~TION AND DESIGN OF REC'YCI~ OF MEMBRANE ~O~G C~NCENT]~TE LA~OR GRADE ~ ~
10 $123.00
$123,0 ~
140 $7~.00 $ ! 0.~0.0~
~6
16 S42.00 S672.
SI22.00
S394.C)~
$2~
The North Regional Water Treatment Plant currently treats ~ater from the Tamiami Aquifer by the process of
membrane softening. To maximize the use of the water from the Tamiami Aquifer, Collier County has requested
M&E to investigate the possibility of recycling concentrate waste from the existing membrane ~oflening plant to the
iD.fluent of the new reverse osmosis treatment process.
M&E will investigate the possibiliD/ Io rec3'cle concentrate ~aste from the membrane softening process into the
influent for the new reverse osmosis process. M&E ~l] present a technic, a/memorandum defining (I) the proposed
method for recycling of thc concentrate, (2) the advantages and disadvantages of this strategy, (3) an estimate of
probable construction cost. Upon review and acceptance of the tec]l~ica] memo by Collier County, M&E will proceed
to design and modi~, the contract documents to incorporate reo'cling.
MAR 2 5 1997
,G.
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
Lu~ Sum - S28,000.00
(Iddition to Tlsk A.4 - Final E)csign)
MAR 2 5 1997
NORT~ COI,,LIER REGIONAL WATER TRF, ATM~NT PLANT ~'PGRADE
CONTRA~ AM~MENT NO. 4
ITEM CA4C. I
CA4CJ - IL~GULATOR¥ ALuPF.,CTS
DK~INT. ER ¥
~OIN~R V
lrI~CTION
$123.O0
$123.00
ENOINr:,ER IV PRO/ECT MANAOER
':~OIN~F.~ I11 PROC~HANICAL ! $~7.00 $~'7.00
ENOINEf. R 1~I HVAC/~HA~CA.L ~17.00
ENOINF. ER HI ELECTRICAL/INSTRUMENTATION
ENGINEER I! PROC E,SS,gdEC HAb/I CAL $'/~.00
ELECTRIC A].71~ STRL.~,iEN'rATION
DRAFTING
CLERICAL
Q~VQC
Q~QC
DRAFTER IV
CONTRACT ASST.
ENGINEER V
~63.00
$42.00
S123.00
ENGINEER IV
SUBTOTAL
MI$SIMER INTER. LUMP SU.'M $1.000.00
COORD WITH SL'B LUMP SUM S100.00
TOTAL S1,979.00
~ DIRECT (~OSTS
REPRODUCTION $40.00
SHIPPING $2
(;RAN D TOTAL
TIME & .MATERIAL
Preliminary Discussions with FDEP will be held to determine the feasibility or ability to "permit" disposal of pigging
effluent down the existing deep injection wells. Discussion will include a determination of regulations and rules that
may pertain to such disposal practices. A technical memo documenting summary of regulatory issues will be
prepared.
'7
I MAR ~ 1997
NORTH COLLAR REGIONAL WATER TRgATM~NT PLANT UPGRADE
CONTRACT AMeNDMeNT NO. 4
$2,100.00
IlAR 2 5 1997
NORTH COLLIER REGIONAL WATER TittA~ PLANT UPGRADE
CONTI~CT AMENDMENT NO. 4
ITtM CA4C.H
CA4C. JI - ~ D~Z.OI'M~rr ~ Olt ~AW W&11~ ~ MAIN
~lGaXDmt rUNCTZON mmm IAT% lm,,~ n
~O~E~ V P~~C~ ~1~.~
~ ~ ?RO~ ~ 4 ~.~ ~.~
~0~ ~1 PR~~~IC~ 12 ~.~ ~1~.~
~ m Hv~~ ~.~
D~ IV D~G ~3.~
~G~EER V Q~ $1~.~
S~OT~ SI~
C~ W~ S~ ~ S~ Si~.~
OTHER DI~CT COSTS
~PROD~CTION ~.~
=SHI~G ~.~
G~ D TOTAL, ~, I ~.~
MAE will prepare a basis of design for the layout of the transmission main for the proposed pi~ging systcnt M&E
will prepare an outline of an operating protocol for the pigging syslem.
NAR 5 1997
NORTll COLLIER REGIONAL WATER TRF. ATMXNT PLANT UPGRADE
CONTRA~ AM~NDMXNT NO. 4
Time and Material - S3,200.00
10
NORTB COLLAR i~GIONAL WATER TR~TM~NT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
TTI:M CA4C. m.A
ENOINEER V I PIUNCtPAL $123.00
ENOINEER V PROCT~S/F, LF, CTIUCAL $123.00
I~NOINf, Zl~ IV PROJT, GT MANAOER 4 S99.00
ENGI~'EEX II1 I~ocr~,,~C~C~ I2 ~7~0 S1,044.00
ENQINE~R HI ELECT]UC JO,/Z~STRU~EN'Z'ATION ~7.00
F.~OINEER I1 PROCESS/MECHANICAL $"/~.00
IrNOIN£ER 11 ELECTRIC ALANSTR L~4£NTATION
DRAFTER IV DRAFTINO $6300
CONTRACT ASST. CI.ZIUCAL 2 $42.00
ENGINEER V QA~: Sl 1~.00
ENGINEER IV QA/QC $99.00
SUBTOTAL
~SG 16 $'90.00 $1,440.00
COORD WITH SUB LUMP SUM $144.00
TOTAL
OTNER DtRECT COSTS
REPRODUCTION S40.00
SHIPPING $4O. O0
GRAND TOTAL $3,1 fA00
TIME & MATERIAL
Characterization and Quantification
MAE will develop projected characteristics of the pigging effluent m,.der this task. We will hold discussions with
Collier County. plant operations personnel and others to project the characterizations of the waste strgam.
Charactcrization of thc waste stream will be supplemented with information regarding the t~pe of material being
pigged and the characteristics of the raw water that the main will convey.
11
liAR z 5 1997
NORTll COI-I~R KtGIONAL WATER TREATMXNT PLANT UPGRADE
CONTRACT AM/:~~ NO. 4
12
,~._/?
NORTB COLLIER R~GIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMZNT NO. 4
ITEM CA4C. DLB
Deveiop ,~,lethods to Dispose of Ptgging E~Tuent
We will define treatment methods to achieve the e~uent disposal obj~ determined in Step i of this proposed
scope ofsm'ices. It is not anticipated at this time that trcatment methods other than filtration will be r~quired since il
is assumed that the pigging effluent will ortly contain inefl inorganic material. The majority of the transmission main
will be constructed of PVC and ~t is not anticipated that biolog/cal degradation or adhesion will occur
13
liAR 2 5 1997
/g
NORTll COLLieR RI~GIONAL WATER TR~A~ PLANT UPGRADE
CONTRACT AM~rDMENT NO. 4
]4 [ HAR ~ 5-1997
I ,~. /'z
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AME~MENT NO. 4
ITEM CA,lCD'
~O~ V ~C~ $1~.~
~O~ V ~~~C~ $1~.~
~R ~ PRO~ ~ 12 ~.~ S1,1~.~
~0~ ~ ~M~iC~ ~ ~.~ ~0.~
~O~ ~ HV~~C~ ~.~
~O~R HI ~C~~A~ON ~7.~
~R H PR~C~IC~ ~.~
~O~ I1 ~C~$~A~ON ~.~
D~k IV D~G ~0 ~3.~ S~.~.~
CO~ ~ST, C~C~ ~ ~2.~ ~36.~
ENG~EER V Q~
~0 t S~.~ ~0.~
C~ WITH SUB L~P
'TOT~
OTHER DI~ CO~S
~PRODUCTION $1~.~
$HIPP~G
G~D TOTAL $1~, I ~.~
TIME & ~T~ $1~.~
After review of the options avnilable with Collier CounF, we will prep~e contracl documents to implement the Basis
HAR z 5 1997/
j
NORTll COLLIER REGIONAL WATER TREATMENT PLANT I~"IAD£
CONTRACT AI~NDIVlZNT NO. 4
· filtration ming ~g flitch and the existing cartridge filters. Bag filter will be on a pad outside the plant
build/rig
· tr~ing syst~ for pig
The estimate provided in this proposal for "De~ailed Design" is not a firm estimate s/nee it does not necessarily rdlect
the ~ to perform these services since the basis of design had not been established at this t/me. After the concept
design is completed, this number will be evaluated for ira validity.
Time and Material - $13,20000
16
HAR 2 5 1997
I~ORTR COLLIXR ~t~;IO~At, WATER TRF. A~T rt.A~? tU~RAD~-
CONTRACT AMtNDbtZlrf NO. 4
ITEM CA4CV
We will prepare and "walk through' the FDEP permit required for disposal of the pigging e~Huent down the
concentrate injection well.
Time and Material - $4,'/00.00
17
HAR Z ~ 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AME~~ NO. 4
ITeM CA4C. VI
CA4C. VI
~_ I! ~C~~A~ON ~.~
$~OT~
OTHER DI~
~PRO~'~ON
'SHIPP~G
$1t~
G~ND TOTAL
T~E & ~TE~
We will develop a protocol for the operation of the pigging sy~cm. The protocol will develop and list procedures for
pif, ging of the raw water transmission main and the disposal of pigging cfflu~nt.
Time and Material - $4,000.00.
18
MAR 2 5 1997
~.~$
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4D
CA4D. i]~/'F, CsRATION OF CONTRACT
I-~,.~'-~. GRADE IrUNC'~JG~ HR. BATE PElt HR SIJBTOI'AL
F, NGINEF~ V PRINCIPAL $123.00
ENGINEER V PROCESS/EI..F,C~C~ Si 23.00
E]qOi~.'~ IV PROJ~C3' I~'qAOF, Jt 22 S99.00 ~3,168.00
ENOI~'F~ !I1 A4F, CHANICAL~ROCESS SgT.00
ENOIN~_~ til HYAC~IECKANICAL ~.00
ENOD/F_-~.a. Hi ELECTRICAI.A~STRUMENTATION $67.00
ENOINEER ti PROCESS/MECHANICAL 16 $=/$.00
ENOINEER ti ELECTRICAL/INSTR UME~,'T ATI ON' $'/~.00
DR,M'~R IV DRAFTING $63.00
CONTRACT ASST. CLERICAL 16 $42.00 $672.00
ENGINEER V QA/QC 4 $12.3.00 $492.00
ENOINEER IV QA/QC $99.00
SUBTOTAL
MIS$1MER INTER. 16 $90.00 $1,440.00
COORD WiTH SUB LUMP SUM $144.00
TOTAL
$7,11&00
OTHER DIRECT COSTS
REPRODUctiON
SHIPPINO
$42.00
GRAND TOTAL $'/,4~S.00
LUMP SUM
During the design phase. Collier County requested thal the raw waler lransmission main, well structut~ and treatment
plant work be incorporated into one contract. The drilling and dcvclopmcnt of the wellfield was created as a selxume
consu'uction contract by others. Subsequently, a~ter final complction of the design documents, Collicr County has
rcquested that thc drilling and dcvelopment of the raw' water wells bc additionally incorporated into the construction
contract for thc watcr trcatmcnt plant to create a single construction contract for thc cntirc projcct. The creation of a
single construction contract would make thc entire project the responsibility of one contractor, thus casing
coordination between the various work construct/on contrac~ items.
19
NORTH COLLIER REGIONAL WATER TRF-ATMENT PLAJ~ UPGRADE
CONTRACT AMENDMENT NO. 4
be mnduc~ with Mimmcr Imcrnation~l, thc (ksigncr of thc raw wattr production wclls, to ~ssurc consistency within
· ~ Drawings im:oqxn'ated into the design package m'e by others and not providM by M&E.
Lump Sum. $?,f~)0.00
(Mditioa to Task A.4 . Final Design)
2O
HAR 2 5 1997
NORTH COLLIER REGIONAL WATER TR~A~ PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4E
laqGibT ~P_ V I'RINCi~AL 4 $123.00 $492.00
LIqOINLER ¥ P-B~ OC ~_~'J_~-~Kj C AL 4 $122.00 $492.00
i2qG~ IV PRO,'F, CT biANAGF, P. i~ S~9.00 S1,584.00
tNOibnr~ m ~a~r~'HA~'~-~e! 16 ~r/.oo $1,292.00
I;NOI~FU HI h'VAC~.. ~CHAN1CAL
F..NOI:N~i:~. HI i:! s:,_-T-iLiCAL/~.RL/M:i2~AT)ON ~7.00
E~IOrNEER I! PROCES{/~'__CHANICAL 8 S=7~.00 S~}O. O0
ENGI~£~ I1 ELEC ~-KJCAL/IN~ YRUXE'NTATION S7~.00
DRAFTER IV DRAFTINO $63.00
CO]~TILACT ASST. CLERICAL 8 $42.00 $336.00
E;NOI~EI:R IV Q,4vQC :$1~9.00
SUBTOTAL
MI$$1MI:'R INTER.
COORD WiTH SUB
LL~P SU~ S432.00
TOTAL
S9,194.00
O¥~IER DIRECT COSTS
REPRODUCTION
1100.00
SHIPPIIVO
S20,00
LC;a,~.'~D TOTAL
$10.014.00
TIME & MATERIA/,
The proposed Collier Count7 reverse osmosis wgllfield will consist of tan prinm7 production wells and one stano"m.
production well that tap thc Lower Hawthorn Aquifer at a depth of approximately 700 to 800 feet below land surfac~.
Wells tapping the Lower Hawthorn Aquifer typically m:luirc very little ITgulat maintenance and hav~ a long life
expectancy. However, these wells flow freely at land surface that may pruent problen~ when replacing motors on
submersible well pumps or while conducting other repair and/or mmntanance activities such as periodic chemical
21
NORTH COt. LIaR RtGIONAL WATER 'I'REATM~NT ~ UPGRADe
CONTRACT AM/.NDM/:NT NO. 4
·
·
·
·
·
·
·
TJIM fifid Msletial - $10,100.00.
(8ddtflm to Task A.4 - Final Dcs'i~n)
22
HAR Z 5 1997
II II Iiii ii iiii iiii II II I IIII II I II II IIIII I I1'
NORTB COLLieR REGIONAL WATER TREA~ PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4F
BACKGROUND
Collier Count). as a result of items identified in thc "Constniclabilit)' Report" conducied for this project, has requested
that M&E consider the use of HDPE pipe as an alt :maitre to the PVC pipe specified for the new raw water
U'dnSmission main.
MaE will explore the possibility of using HDPE as alternate bid item for use of HDPE pipe in lieu of thc specified
PVC. We will perform a surge analysis to deierrnine wha! additional features should be incorporated into the ~y~tem
to minimize this phenomena. M&E bill prepare a tcchnical memorandum defining the rcsulLs of these analyses and
recommendations.
23
PIAR 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLAINT UPGRADE
CONTRA~ AMEi~MENT NO. 4
item amd ~o also incorporMe into th~ raw wa~ ~nsm;ssion sy~em addifionsl fe~tu~, if ~c~ary for sur~c
attenuation. M&.E will also incorporate imo th~ contract docummt$ for thc HDPE pipe, spar~ r~pair parts, rcpair tools
and Uaining for County l~"rsonnel.
This scope of services is based upon the following mvmptions:
· HDPE is suitable for th~ w~er chemimy of the r~w water.
· HDPE is made in su~cicnt thirJmcu to Mdrus thc systcm hydraulics.
Time and Reimbursable Cost. Si2,003.00
(addition to Task A. 10.8. Other Services)
24
HAR 2 § 1997
NORTH COLLrrR REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
FI'EM CA4G
~-~--d~d'--3- ' ]L4,W WATI~ MAIN
LABOR C-n_.~ ~ ~N
ENO~R V P~C~ SI ~.~
~O~ER V PR~S~I ~C~ 16 Si23.~ Sl~g.ffi
~O~R IV PRO~ ~AOER 16 ~.~ Sl~.~
ENO~R Hl M~H~IC~R~S ~.~
~G~R Hi HV~C~C~ ~.~
ENO~R II1 K~ ~C~R~A~ON 24 ~7.~
ENG~EER II PR~S~ECH~IC~ 24 ~.~ $1.~.~
~NG~EER II K~ ~C~S~EN~A~ON
D~R IV D~O ~0 ~.~ ~.~.~
CO~ ~$T. C~C~ 24 ~2.~ 11 ~.~
ENO~EER V Q~ 2 $1 ~.~ ~.~
ENG~EER IV Q~ 2 ~.~ $1~.~
TOT~
OTHER DI~
~PROD~ON
SHIPP~G
$1~.~
G~D TOT~
$1~.~
LUMP
Collier Count), as a result of items identified in the "Constructabilit3. Reporl" conducted for ~s project, has n~iuested
M&E to design and incoqx)rate into the contract documents, a ~'pass line directS, from the raw water main near the
pig receiving station to the deep injection well. The putlx)se of the .bypass line is to allow for disposal of raw water
upstream of the cartridge fillers during startup.
25
HAR Z ~ 1997
NORTH COLLieR REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
pr~d~ design mv~m ~o inc~pmte into
pig ~g ~ m ~ ~ ~on
Lump Sum - $14,000.00
(addition to Ta~k A.4 - Final Design)
26
NORTll COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AM~ME~ NO. 4
ITEM CA4H
CA4R. DRAINAGE FOR WY~]~ HOUSES
lABOR GRADE FUNCTION HR.
ENO~EER V P~CIP~ I S 123
ENO~EER IV PRO~ M~AOER 24 ~.~ ~76.~
ENO~EER Ill M~C~R~S 12 ~7.~ $1,~.~
~ ENO~ER HI HVA~ECH~C~ ~7.~
ENG~EER 111 E~C~S~A~ON ~ ~7.~ ~,4~0.~
ENG~EER Il PR~S~CH~IC~ ~,~
ENG~EER II ' E~C~S~EN~A~ON $75.~
D~R IV D~O ~ ~3.~ ~,7~.~
CON--CT ~ST. C~C~ 32 ~2.~ $1j~.~
ENG~'EER V QA~ 2 $123.~ $2~.~
ENG~EER IV QA/~ 2 $~.~ $19~.~
SUBTOT~
MISSIMER ~ER 24 S~.~ S~l~.~
C~ WITH SL~ L~P S~ $~16.~
TOT~
OTHER DI~
~PRODUCTION $2~.~
SHIPP~G $~.~
G~D TOT~ $1~7~.~
BACKGROUND
Collier Count), as a rest, t of i.le. ms jden. t?..ed in ~.e "Consm~.cla.bility Repot1" conduclecl for this project, has requesled
M&E ~o investigate aha consmer me aeteuon oz me sump pfls ~n the ~ell house structures. The well head suvaures
inclusive of thc vaults m'~d buildings are provided with sump pits for diversion of miscellaneous spills ~nd flo~$ from
these structures.
2'/
z. ua IXACT AM~NDM'I:NT NO. 4
· modifications to well house drainage will consist
· floor ar~as sub~-t to drainage flows, of the deletion of the pits and the resloping and/or containment
Time and Material Cost. $18,763.00,
(addition to Tat, k A. 10.8 - Other Semites)
28
MAR 2 5 1997
NORTH COLLIER KEGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
FFEM CA41
CA41. CUB/J} IN PLACI LINIJt POI tXI~TING ~W WA~ ~N
SI23.~
~G~EER V PR~
$123,~
ENG~EER IV PRO~T M~AOER 4 ~.~
ENG~EER III ~IC~R~ [ ~7.~ ~.~
ENG~EER
~NG~EER ~tl ~t ~C~C~~A~ON ~7.~
ENG~EER ~I E~C~C~~EN~ATION $75.~
ENG~EER V ~A~ I $123.~ $123.~
ENG~EER
TOT~ $~'~
OTHER DI~
~PRODUCTION
$~0.~
SHIPP~G
$1[.~
G~ND
LUMP
Collier Count). as a result of items identified in thc "Constructabili~, Report- conducted for this project, has r~luested
M&E to design and incorporate into the contract documents, a cured in place finer to enhance the pressure rating of
the ex~ng raw water in~uent pipeline. As part of!.he original plant cons~ucgon, fiberglass piping for the future RO
raw ~ater pipe was placed into the floor slab of the ma~,*~ process building. After pqx',ated failures of the fiberglass raw
water piping for the membrane softening system, il ~s determined tlu~ugh conversations with the mant~actttrer that
the pipe was rated for 50 psi which is belcrw the requirements for the reverse osmosis influent raw water system. The
new reverse osmosis feed raw ~ter piping requires a minimum pressure rating of 150 psi.
This scope of sen'ices includes the preparation of contract documents for the installation of a cured in place lining to
increase the pressure rating to 150 psi for the exisUng fiberglass pipe that will be used for the new RO trcatmen!
system. M&E ~11 also inve~gale the pressure rating for the existing pipe fla,n~ connections and modify the contract
documents to increase, ff required, to enhance the pressure rating of the connections to 150 psi.
29 HAI~ ~ 5 I397
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
· The flange c°nnectiom can be enhanced to achieve a pte~.ure rating of 150 psi.
Lump Sum. $2,300.00
(addition to Task A.4. Final Design)
3O
NORTB COLLAR REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4J
EHOIHF..f~ V PRINCIPAL $123.00
ENOINEF. R %' ~~C~ S 123,~
~O~ER IV PRO~ M~ 2 ~.~ SI~.~
~O~R ~ HV~~C~ ~.~
~O~ Iil E~T~C~~A~ON i~ ~.~ $1~.~
~G~R H ~~IC~ ~$.~
ENG~E~ II ~ E~C~iR~N~A~ON [ ~5.~ ~.~
D~R IV D~O ~.~
COh~ ~ST. C~C~ ~2.~
ENO~EER V Q~ i $12~.~
EHO~EER IV Q~ ~.~
SU~TOT~
C~ WI~ SU~ ~P S~ ~1 ~.~
TOT~
~PRODUCTION
~0.~
SHIPP~'G
G~D TOT~
LUMP SUM
Collier County as a result of items identified in the "Constructability Report" conducted for this project, has requested
M&E to design and incorporate into the conu'act documents, the consideration of modification of the well field
duabank Io either a concrete ductbank with PVC "EB" conduit in lieu of the specified "ORS" conduit or direct bury
cable.
Collier Count.. has also requested as identified in the "Constructability Report" the reduction/n the separation of the
dual proposed raw water transmission mains lo t~x~ feet in lieu of the distance ns currently identified. Collier County
has also requested the relocating of the electrical duct bank and dual raw water mains in the same trench excavation.
31
NORTIi COLLlXR REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
M&E will explore thc possibilily of modifying the wcllficld duct ban~ from a 'GR$" concrete cricked dua bank
PVC ~B" condui! in a conaele encased duct hu~k or a dimcl bury cables. ~ will investigate both code
practical considerations for ~ modification to thc linc. ~ will ~Iso invcstigatc thc pom~oility of including
both t~c transmission mains and the electrical duct bank in thc same trcnch. ~ will also investigate the locating of
thc raw water n~n to two fcct away from each other. MAE will prcscnt in a technical memoratxlum th~ results of
thcsc analysis. A.flcr discussion with end ~ by Collier Count, lVI&E will incorporate into tb~ contract
documents dcsi~n modifications. The pl~'men! of thc concrete dua bank wu incorlx~t~ ~s part of
number ~.
This scope of services is based upon the following assumptions:
(1) That the final design will consist ora conduit type modification only.
Lump Sum - $4,900.00.
(addition to Task A.4 - Final Design)
32
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TRF. ATMKNT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4K
Collier Count). as a result of items identified in the "Constructabilit3- Report" conducted for this project, has requested
that Mace incorporate inlo the contract documents t~u-a Iow pressure membranes. The ultra low pressure membranes
will require less pressure to treat the raw water than those specified. "Ultra low pressure membranes" were not
originally identified in the contrac~ documents since the use of the said membranes ~s rchtivcly new to the market at
the time and Collier Count3' did not wish to take the risk associated with a new product. Since that time the
membranes have been used in various capacities at various locations. Thc use of lower pressure membranes will result
in a cost sa~'ings for Collier Count3' through the reduction of encrl~,' use.
33
MAR 2' 5
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CO1FFRACT AMENDMENT NO. 4
membr~n~ into the contact document.
Time taxi Reimburrable Cosl. S12,952.00.
(addition to Tuk A. 10.8. Other Services)
34
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4L
CA4L . r/~'~.GATION AND D~iGN OF VENTILATION FOR TP~I~J~ AND CONC~qTRAT~ PUMP ~i'ATION~
LABOR GRADS'- FUNCTION
$123.00
$123.00
F=NOINEER IV PROJECT ~,-~-N~3ER ~ S99.00 $"/92.00
EIqOINEER I! PROCESS ./~CHANIcAL 16 S7~.00 $ i ,200.00
ENGINEER I! F.! ~HOC,,6,L/~STRUMEN. TATiO,~ 40 I7:1.00 13.000.00
CONTRACT A~ST. C L!.n_~ C AL
$42.00
ENGfNEER ;' Q,4/QC i 2 $ ! 23.00 $1.476.00
$~9.00
OTHER DIRECT COSTS
kEPRODt:CTJO.~
~HI?PI~G $200.00
G RA.'~D TOT,i.L
Lt'MI~ SUM
Collier Count), as a result of items identified in Sc "Constructability Report" conducted for this project, has requested
that M&E investigate and provide design services for means to enhance the ventilation in the transfer and concentrate
pump rooms (2) lo minimize corrosion of the equipment within these rooms. I! was identified in the report that
interior corrosion is extensive.
35
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
proposal includes a modi~cation to permit replacement of corroded instnunentation and electrical equipment and
alaxntentnce.
Lump Sum - S26,200.00.
(addition to Task A.4 - Final Design)
36
HAR 2 5 1997
illlllll I IIII I I II
24 S123.0~
24 S99.00
64
24 ~7.0(
32
I75.00
$123.,
$99.4
16
Sl44.00
Collier County as a result of items identified in the "Constructabilit). Report" conduaed for this project, has requested
that M&E investigate the possibility to discharge the concentrate direct/y from the existing membrane softening
treatment skids to the deep injection ~zlls. Currently the MS concentrate is piped to an intermediate pump station and
is pumped dow-n the injection wells. The piping of MS concentrate direcOy to the deep injection well would result in a
savings due to thc fact that thc ¢×is~in~ concentrate pump station ~1] not experience significant use.
37
NORT~ ~ ' · ~: ~2 REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
cxmcent~ate header and cousidcrado~ for the ~x)ntxmtzate dilclutr{e {kuru t]~ new RO syst~n. ~ will prepare ·
~ ~ d'~ k ba~ u~n t.h~ followinl
· Tim it is pos~'bla to discharge concentrate fkom the membrane Idteni~ lystem down the deep iu. iectiou we, lis
direc,b,.
Lump Sum. S22,800.00.
(addition to Task A.4. Final Dcsign)
38
LABOR ~
ASST.
NORTH COLLIER REGIONAL WATER TREATMENT PLANT LrI~RADE
CONTRACT AMENDMENT NO. 4
CA4N
ITEM CA4N
DF
4
16
I
16
6O
$123.0
$123
$S7.00
$87.00
$87.
$75.,
~3.00
$42.00
$123.00
$99
COSTS
$1,392.00
$336
GRA.ND TOTAL $18.00
LUMP SUM $9,764.00
Collier Count3' as a result of items identified in the "Constructabiliv,. Reporl" conducted for this project, has requested
that M&E upgrade the compuler operating system to an "Ethernet': Parallel Networking sy~em. The cun'ent .system
t/mt was installed is a DOS based system on 486 based computers. The use of an "Ethernet" Parallel Networking
ryslem a/lows each computer workstation ~o handle ,~-,ecific tasks thus eliminating the redundancy in the work
stations.
SCOPE_
M&E will provide design serx'/ces to upgrade the plant's computer operating system to an "Ethernet" Parallel
Networldng D'stem inclusive of both software and hardware modifications.
Lump Sum - $9,80000.
(addition to Task A.4 - Final Design)
39
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA40
CA40 - DELETION OF V~R1ABLE FREQUENCY DRIVE~ ~OLID STATE ~'Y~'A~F~ FOR ~ ~lS ~ ~U~
~ ~ ~O~C ~~ON
~R G~E ~ION H~ ~TE ~ER ~
~O~'EER V P~CIP~ $123.~
ENG~EER V PR~ESS~C~C~ 12 $123.~ $1,476.~
ENO~EER IV PRO.CT ~AGER ~ ~.~ ~2.~
ENGINEER II1 MECH~IC~R~ESS $~7.~
ENG~EER I11 H VAC~ECH~IC~ $~7.~
ENG~EER [I1 ELECT~C~S~D~ENTA~ON 6~ $~7.~ $5,916,~
ENG~EER ll PR~ESS~ECH~IC~ $75.~
ENG~EER II E~CT~C~STR~EN~ATION 32 $75.~ $2,~,~
D~ER IV D~G 72 ~3.~
CONTACT ~ST. C~C~ ~2,~
ENG~EER V QA~ 2 $123.~ $2~,~
ENG~'EER IV ~ QA'~ $99.~
1
OTHER DI~ COSTS
~PRODUCTION ~.~
SHIPP~'G
G~ND TOTAL $13,548.~
LUMP SUM $I~,~.~
BACKGROUND . ,a ~.,0~%~<~
Collier Count, as a result o£items identified in the "Constructability Report" condumedt£or this project, has requested
tl~t M&E modify the contract documents to (I) delete the variable frequency drive.~£or the rever~ osmosis feed
pumps, (2) verify efficiencies of the motors included under the plant expansion for compliance with the FPL reoale
program, (3) perform a detailed harmonic analysis of the existing electhcal disthbution D'stem to delermine the ex~en!
o£the total harmonic distortion present and to de!,,n~.ine if "clean power" or 12 pul~ Djl:)e variable frequency drives
are required to nunimize harmonic distortion produced ~' expansion equipment, (4) investigate possible harmonic
uUtigation techmques Io coFreCl the existing electrical distribution system harmonic distortion Io within the
recommended practices established ID.' IEEE Standard 519-1992, (5) and, design a harmonic distortion mitigation
system that would bnng the total 8armonic distortion limits below 5% as well a~ impro~'ing the plato True Power
Factor to avoid any future penallies thal ma.',' be imposed ID}' FPL.
SCOPE
M&E will delete the requirement for the reduced voltage solid state I:D'-pa~s unit for the re~'erse osmosis feed pttrn~.
M&E will verify that the efficiencies of the motors included under the plant expamion are in compliance with the
requirements of the FPL rebate program. M&E will perform a detailed harmonic distortion analysis ox
40
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
¢lecu'ical distribution sysicm, and will pwvid~ a rt'pon including measured data and interpretations. M,~ will
dc"tcrmin¢ if "cleart power" or 12 pulse type driv~,s will be necessary to minimize the addition of harlBonic distorgoll to
thc existing dislortion levels. If the existing distortion lolls exc~d recommended limits, IV~l~ will ~gatc
possible alternatives for controlling harmonic distortion. M&E will prescn! a technical memorandum dcfining (1)
preliminary design concept, (2) the advantage and disadvantages of a harmonic distortion mitigation s'yslem, and (3)
an eiain~al¢ of probable construction cost. M&E will provide engineering services including modification of the
contract documents as r~luired for incorporation of a harmonic dislortion mitigation syslem.
Lump Sum - $13,600.00.
(~ddition to Task A.4 - Final Design)
41
z 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4P
CA4P - MODIFICATION OF VARIOUI CY)NDUIT MATF..KIA.L DKSIGNATIONS
LA~)R GRADE FUNCFION HR. RAT~ ]'ER HR gI.I~FO~AL
L~OINEER v P~-~NC IPAL $123.00
~-'~GINEER V PROCE$,gE~CAL $123.00
ENGINEER tv PROJECT MANAGER $99.00
ENGINEER III MECHANICAId~)ROCESs ~7.00
ENGINEER Ill H VAC-,MECHAN1CAL $~7.00
ENOFNEER III ELE CTRJ CAI. dIN STR UMENq'ATIO N I' t~l ? .00 ~9~.00
ENGINEER I1 PROCESS/MECHANICAL $75.00
ENGINEER I1 E LECTR.ICAL/INSTRUMENTATION $75.00
DRAFTER IV DRAFTING
CONTRACT A~ST. C LEK1CAL 2 $42.00
ENGINEER V O A.'QC ! $123.00 $123.00
ENGINEER 1 v Q A,'QC $99.00
'TOTAL
OTHER DIRECT COSTS
REPRODUCTION $1000
SHIPPING
GRAND TOTAL $918.25
LUMP SUM $900.00
~6CKGROUND
Collier Count)' as a resul! of items identified in the "Constructability Report" conducted for this project, has rcquesled
that M&E modLS' in the contracl documents the following conduit materials (1) under slabs and in the ground, PVC
schedule 80: (2) for stub ups and risers, PVC coated ORS: (3) for the well field concrete encased duct bank, EB PVC.
SCOPE
M&E will mO' the contract documents to mod~' the conduit as follows: (!) under slabs and in the ground to PVC
schedule 80; (2) for stub ups and risers to PVC coated GRS: (3) for the well field concrete en~ duct bank to EB
PVC. These modifications will be verified vdth applicable and Count), codes.
'I-YPE OF FEE
Lump Sum - $900.00.
(addition to Task A.4 - Final Design)
42
5 i997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4Q
LAJIOR GRADE
V
£NG[NEER V
ENGINEER IV
ENGINEER III
U1
ENOYNEER Ill
Il
II
ENGINEER Ix,'
TOTAL
OTHER DIRECT COSTS
CA4Q 4JGHTNING PROTECTION FOR WELL
PROCESS/ELECTRiCAL
PROCESS/MECHAN, ICAL
Q^~QC
QA'QC
4
5123.00
5123.00
$~7.00
$~'LO0
5123.~
S99.00
5191
5232.~
$123.00
ON
$20.00
G RA~N'D TOTAL
LUMP SUNI
Collier County as a result of the Constmctability Review for this project has requested M&E to include as part of the
design and contract documents a lightning protection system for the three well house buildings. The installation of a
lightning protection syslem for the well houses w.~s not included in the scope of services or subsequent contrac~
amendmenls.
~;COPE
Metcalf and Eddy will provide design sen,ices including the preparation of contract doo. unents for the in.s-tallafion of a
lightning protection system for the well house structures.
TYPE OF FEE
Lump Sum - $2,800.00.
(addition to Task A.4 - Final Design)
43
NORTH COLLIER REGIONAL WATER TREATMENT PLANT LrpGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4R
CA4R - BID I~HA$1~ ~Y..RVICE~ FOR ADDITIONAL WORK ITEMS
LAIIOR GRADE YUNCI'ION HR. RATE PER I~R II~J~TOTAL
ENGINEER V PRINCIPAL S123.00
ENGINEER V PROC ES $/ELECT'R.ICAL $1
ENOINEER IV PRO.CT MANAGER $99.1)0
ENGINEER Ill M£CItANICAL~ROCF~s $$7.00
ENGINEER lIl HVAC/MECHA,~CAL
ENGINEER Ill ELECTRICAL/INSTRUMENTATION $$7.00
ENGINEER II PROCESSfMECHANICAL $75.00
ENOINEER Il ELECTRICAL/INSTRUMENTATION $75.00
DRAFTER IV DRAFTING $~3.00
CONTRACT ASST. CLERICAL $42,00
ENOINEER V QA~QC $123.00
ENGI'NEER IV QA/QC $99.00
SUBTOTAL
TLC LUrlvl? SUM $1,0OO.00
LAKDA~.~'OHALEM LUMP SUM $1,000.00
COORD WITH SUB LUMP SLrM $200.00
TOTAL $2,200.00
OTtlER DIRECT COSTS
REPRODUCTION
SHI??~'G
G RAiN D TOTAL
LUMP SUM
BACKGROIJND
Collier Cotmry, as pan of amendments no. 1, 2 and 4, requested additional design services. As part of thc original
scope of services, M&E was requested to provide bid phase services (identified in the original scope of services as item
A.5) of the work constructed. Collier County has Requested M&E under this amendment item to provide bid phase
seD, ices for the additional design items included in amendments no. 1, 2 and 4.
44
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
~ will provide bid phase se~ces for the addltioz~J design items included under contract amendments no. 1, 2 and
4. Bid services include items as designated under task A.5 in the original t, cx:~e of seTvices.
Lump Sum - $2,200.00.
(ackLition lo Task A.$ - Procurement and Construct.ion Bid Services)
IAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4S
CA45 . PRY_~ARATION OF i~.CORD DRAWINGS FOR ADDFI'IONAL WO~
~R G~E ~ON H~
~G~'EER V P~CIP~ $123.~
~NO~ER V PR~S~C~ $1~3.~
ENO~EER IV PRO~T M~AGER [ ~,~ ~.~
ENO~F. ER III M~H~IC~R~ESS ~7.~
ENG~EER III HVA~H~'IC~ ~7.~
ENO~EEE 111 E~C~C~S~EN~A~ON' ~7.~
ENG~EER II PR~S~ECH ~IC~ S75.~
ENO~EER Il E~CT~C~S~E~AT]ON ~5.~
D~ Iv Dm~'O 60 ~.~ ~,7~0.~
ENG~EER V QA'~
ENG~EER IV QA/~ ~.~
8UBTOT~
C~ WITH SU~ L~P S~
TOTAL $10,~
OTHER DI~ ~STS
~PRODUCTION $2~.~
SHIPPING ~,~
G~ND TOT~ $1 I,I~M
BACKGROUND
Collier Count)', as part of amendments no. 1, 2 and 4, requested additional design services. As part of thc original
scope of services, M&E was requested to proxdde record drawings (identified in the original scope of services as item
A.5) of the work constructed. Collier Count)' has Requested M&E under this amendment item Io furnish record
drawings for the additional design items included in amendments no. 1, :2 and 4.
46
2 5 Ig97
~. ,,~,/
NORTH COLLrleR REGIONAL WATER TRI~ATMIiNT PL,I~T LrPGRADE
CONTRACT A. ME~NT NO, 4
M&E will ~tmaish additional services in accordance with contract item A. IO.3 to provide ri:cord drawings for ~
additional ckai~n items addressed as pan of amendments 1, 2 and 4.
Time and Reimbursable Cost - $11,166.00.
(addition to Task A. 10.3 - P,w..ord Drawings)
47
.o.~~'
MAR 2 5 lSS?
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM' CA4T
CA4T - MODIFICATION OF FRONT END SPECIFICATIONS TO MATCH COLLIER COUNTY R~EVIsED FRONT END
SPECIFICATIONS
LABOR GRADE FUNCTION HR. RATE PER ~[R SUBTOTAL
ENGE'qEER V PRINCIPAL $123~00 '
ENGINEER V PROCESS/ELECTRiCAL $123.00
ENGINEER IV PROJECT MANAGER 2 $99.00 $198.00
ENGINEER III MECHANICAL/PROCESs 24 $87.00
ENGINEER II1 H VAC./M ECHANICAL $87.00
ENGINEER Ill ELECTRIC~ STRUM ENTATION $I7.00
ENGINEER II PROCESS/MECHANICAL 4 $75.00 $300.00
ENGINEER II ELECTRICAL/INSTRUMENTATION $75.00
DKAFTER IV D RAY-FI'N G $63.00
' CON"I3L4CT ASST. CLERICAL I $42.00 $336.00
ENGINEER V QA/QC 2 $123.00 $246.00
ENGINEER IV QA/QC $99.00
TOTAL
OTIIER DIRECT COSTS
REPRODUCTION
$ttlPPING
$1t.00
GRYLND TOTAL
$3,226.00
LUMP SUM
In light of ongoing and past construction projects, Collier County has revised their front end specifications since the
completion of final design. Collier County has requested M&E to modify their front end documents to correspond and
comply with the front end contract specifications.
SCOPE
M&E will modify the contract documents to correspond and comply with the new front end specifications.
Lump Sum - $3,300.00.
(addition to Task A.4 - Final Design)
48
1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4U
C-A4U - WELLFIELD TRANSMISSION MAIN REALIGNMENT
LABOR GRADE FUNCTION IIR. RATE PER HR SUBTOTAL
ENGINEER V PRINCIPAL $123.00
ENGINEER V PROCESS/E~CAL $123.00
ENGINEER IV PROJECT MANAG ER 32 $99.00 $3,16g.O0
ENGINEER IH M ECHANICAL~ROCF~S
ENGINEER III tt VAC/MECHANICAL SgT.OO
ENGINEE~ III ELECTRIC AL/IN.~ TR UM ENTAT[O N Y~ 7.GO
ENGINEER II PROCESS/MECHANICAL 16 575,00 $ 1,200,OO
ENGINEER Il ELECTRICAL/INSTRUMENTATION $75.00
DRAFTER IV DRAFTING 32 $63.00 $2,016.00'
CONTRACT ASST. i CLERICAL { $42.00 ~
ENGINEER V QA/QC $123.00
i~NGINEER IV QA/QC $99, .00
SUBTOTAL
ABB
: LUMp SUM $6.~00.OO~
' COORD WITIt SUB ] LUMP SUM $6~0.OO
TOTAl,
OTHER DIRECT COSTS
REPRODUCTION
$200.00
SHIPPING
$50.OO
G IL~N D TOTAL
$14,480.00
BACKGRQI~rND
The raw water transmission main design was located using "as-built" drawings of the utilities on the north side of
Vanderbilt Beach Road from Collier County. These drawings indicated the pr~ence of a 10-inch water main along
the road; subsequently the new raw water transmission mains were located to avoid the existing water main. After
completion of the final design, Collier County re. addressed the location of the existing 10-inch water main by
performing a field investigation to locate the line. Collier County has subsequently requested M&E to reassess the
loc~tion of the new raw water main to avoid conflict with the existing 10-inch water main.
49
MAR 2 5 {997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
SCOPl~
M&E will perform design services to (1) access the impacl of the "located" exiting raw water main (2) relocate and
redesign the new raw water transmission main location giving possible consideration to relocation of the existing 10-
inch water main.
This scope of services is based upon the following assumptions:
· Collier County will provide an accurate survey of the existing 10-inch finished water main.
Time and Reimbursement Cost - $14,450.00.
(addition to Task A. 10.8 - Other Service~)
5O
1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4V
CA4V - PERMIT REVISIONS
LABOR GRADE FUNCTION fill RATE PER HR SUB'i'OTAL
ENGINEER v PRINCIPAL $123.0~
ENGINEER v PROCESS/ELECTRICAL $123.00
ENGINEER IV PROJECT MANAGER 16 $99.00 $1,584.00
ENGINEER I11 -- MECHANICAL/PROGF.$$ $17.00
ENGINEER Ill H VAC.~.( ECHANICAL $17.0~
ENGINEER III E LECTRICAL~NSTRUM ENTATiON $87.00
ENGINEER II PROCESS/MECHA,NICAL 24 $75.0~ $ l,gO0.O0
ENGINEER H ELECTRICAIdiNSTRUMENTAT]ON $75.00
DRAFTER IV ~ DRAFTING 40 $63.00 $2,520.00
CONTRACT ~ST. CLERICAL
ENG IN EER V QA/QC $123.00
ENGINEER tV QA/QC $99.00
SUBTOTAL
ABB
LUMP SUM S 1,ooo.oo
COORD WITH SUB
LUMP SUM $ 100.00
TOTAL
$7.~K00
OTHER DIRECT COSTS
~EPRODUCTION
$1,200.00
SHIPPING
$100.00
GRAND TOTAL
~ACKGROUND
Collier County has requested M&E to modify various processes as part of amendment number four. Th~
and plant functions include concentrate disposal, use of alternate membranes, and bypassing of raw water. As a re.alt
of these changes, the FDEP requires that documentation be issued that identifies these modifications as part of the
modified FDEP construction permit. In addition, various site changes inclusive of the relocation of an existing I0'
water main and above-grade piping requires modifications in the Collier County Site Development permit ad right of
way construction permit.
51
MAR 2 5 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
Melcalf & Eddy will provide to documentation to facilitate the review and approval of a revised FDEP con.rtruction
permit and Collier County site development and right of way construction permita. The F'DEP ~onxtruction permit
and Collier County permits were applied for originally under the original w,,ope of,work and only apply to the facilitie~
a~ modified in that scope of work.
Lump Sum - $8,808.00.
(Axklition to Ta.t& A.9 - Permitting
MAR 2 § 1997
NORTH COLLIER REGIONAL WATER TREATMENT PLANT UPGRADE
CONTRACT AMENDMENT NO. 4
ITEM CA4W
CA4W . TlflRD PARTY ELECTRICAL TF~TING
LABOR GRADE FUNCTION liP.. RATE PER HR ~O~TOTAL
ENGINEER V PRINCIPAL $123,O0
ENOIN EER V PROCESS/ELECTRICAL $123.00
ENGINEER 1V PROJECT MANAGER
2 S99,00 $1,584.00
ENGINEER 111 M ECHANICAL/PROC F.~$ $~7.O0
i ENGINEER lit H VACdMECttANICAL $$7.00
ENGINEER III ELECTRIC AL/IN $TRU'M ENTATIO N $g7.o0
ENGINEER Il PROCESS/MECItANtCAL $75.O0
ENGINEER Il ELECTRICAL/INSTRUMENTATiON it $75.00 $~O0.O0
DRAFTER 1V DRAFTING $63.O0
CONTRACT ASST. CLERICAL I $42.00 $42.O0
ENGRtEER V I QA/QC $123.00,
ENGINEER IV QAIQC $99.00
TOTAL
$~40. O0
OTHER DIRECT COSTS
REPRODUCTION
$40.O0
SHIPPING
$I&O0
G RAuND TOTAL
$~98.O0
LUMP SUM ,
$~0.00
Collier County has requested that M&E consider requiting a third party electrical testing company to perform
equipment acceptance testing for the expansion equipment included as part of this contract. Curvently, acceptance
testing is required to be performed by the equip.-.:::~t ~'qpplier or the general contractor. The ack'antage of using an
independent, unbiased third party is that he will be move objective and will probably do a much move thorough job.
M&E recommends that the conh-act documents be modified to incorporate the requirements for an independent
electrical testing company.
$coP~
M&E will modify the contract specifications to incorporate the requirement that the acceptance testing be performed
by an International Electrical Testing Association certified independent electrical testing firm.
FEE
Lump Sum - $900.00.
(addition to Task A.4 - Final Design)
53
NORTH COUNTY REGIONAL WATER TREATMENT PLA/~T 8 MGD EXPA/qSION
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment #4 to the Agreement dated April 11, 1995
(hereinafter "AGREEMENT,,) is made and entered into this day
of , 19 _, by and between the Board of County
Commissioners for Collier County, Florida, a political subdivision of
the State of Florida and Governing Board of the Collier County
Water-Sewer District (hereinafter referred to as the "OWNER") and
Metcalf & Eddy, Inc., a Delaware corporation, authorized to do
business in the State of Florida, whose new business address is 3740
Executive Way, Miramar, Florida 33025 (hereinafter referred to as
the "CONSULTANT,,).
W I TN E S S E T H
WHEREAS, OWNER and CONSULTANT currently have a valid
professional services agreement for the provision of professional
services for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD
EXPANSION (hereinafter referred to as "PROJECT"), said services more
fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications to the
services being contemplated under said AGREEMENT are necessary; and
WHEREAS, CONSULTANT represents that he has the expertise and the
type of professional services that will be required for completion of
the project.
NOW, THEREFORE, in consideration of the mutual covenants and
provisions contained herein, parties agree as follows:
ARTICLE ONE
1.1 CONSULTA2~T shall provide to OWNER professional engineering
services in all phases of the project to which this Amendment
applies.
1.2 CONSULTANT shall provide professional services in addition to
those as outlined in said AGREEMENT as noted in Schedule A of this
Amendment, as attached hereto.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered
hereunder as prescribed in Schedule B, entitled "Schedule of Fees For
Services - ~asls for Compensation,,, as outlined in said AGREEMENT
with the modifications to Attachments A and C to said ASREEMENT which
are attached hereto and made a part hereof.
ARTICLE THREE
3.1 The schedule for said Project, ~hall be as shown in the revised
Schedule C as attached hereto.
MAR Z 5 1997
.~TI CLE FOUR
4.1 The A(]REEM~_iTT, as amended, shall rem~in in full force and
effect.
IN WITNESS WHEP, EOF, the parties hereto hav~ executed this
Amendment to Professional Services Agreement for the NORTH COD1TTY
REGIONAL WATER TR~AT~ PLANT 8 M~D ~XPANSION the day and year first
written above.
ATTEST: (As to Chairman)
BOAR/) OF COUN'fY COMMISSION-ER~ FOR
COLLIER COUNTY, FLORIDA, A
POLITICAL SU~2DIVISION OF THE STATE
OF ~LORIDAA/TDA~ EX-OFF~CIO TKE
GOVEP~NING BOARD OF T~ COLLIER
COUNTY WATER-SEWER DISTRICT
By:
bwight E. Brock, clerk
Approved as to fcrm and
legal sufficiency:
Witness
Witness
By:
~imothy L. Hancock, AICP
Chairman
Metcalf & Eddy, Inc.
Roberto'-Ort~z, Vice~Pre~i'eng
(CORPORATE SEAL)
MAR 2 fi 1997
~,0 'd
e88
~. ~. ,,,. . 'c~ 'cS .... o
c~ 'o0 'oc~c~ ' ' ·
~-~ ~1 ~' ~' ~'~ ~8~ssssss~s/ ~ 8 ~l
~ O~ : ~ ~ ~< ~ ~ 0 O/
~ o~ ~ 0 ,~
o ~ ~ ~ ~ ~ o/
- ~ ~o ~ ~ ~ z~$o~ ~ ~ ~ =
MAR 2 5 1997
OOISOSDDS6 'ON XVJ
D~:OI O3N L6-SO-~¥~
· t
EXECUTIVE SUMMARY
RECON'
ANNUA
/'.D.JAF
:'ION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN
;.AL OF THE MAINTENANCE AND ARTERIAL ROADWAY MEDIANS AND
i'F-OF-WAY PROFESSIONAL SERVICES AGREEMENT.
l'o obtain the Board of County Commissioners approval to renew the
~ervices Agreement for Maintenance and Development of Artedal Roadway
Medians and Adjacent Rights-of-Way.
CONSIDERATIONS: On June 4, 1996, (Agenda Item 16 B.2) the Board of County
Commissioners approved an Agreement providing Professional Landscape Support Services
for the M.S.T.D.'s. W'rthin that Agreement, Section 4.1 states that the Agreement can be
renewed annually for a maximum of three additional years with that renewal being agreed to
in writing by both parties and approved in accordance with the County's purchasing policy.
Accordingly, the Consultant was contacted and is willing to provide the Services as originally
indicated at the same pricing and/or per the fee schedules as exhibited or attached in the
existing Agreement.
Vanderbilt Beach Road's (VVest of US 41) Landscaped Area is shown on the Revised
Attachment 'A' Inspection and Report Fee Schedule and will be incorporated into and
become a part of the Agreement.
FISCAL IMPACT: The Professional Support Services when rendered have been and will be
budgeted and compensated out of either Fund 102, 103, 104 or 106 having Cost Center
163646-Object Code 631403 requiring the Services.
GROWTH MANAGEMENT IMPACT: Not Applicable.
RECOMMENDATION: That the Board of County Commissioners approve Attachment "A"
Revision 03/06/97 and agree to enter into the first year's renewal with the current
Professional Landscape Consultant, Michael A. McGee, L.A., P.A. (d. b. a. McGee and
Associates) as per the Agreement dated June 4, 1996 via an executed Purchase Order.
L· MAR25 1997
PG.. /
Executive Summary
Agreement Renewal
March 11, 1997
Page 2
Val Prince, Engineer II
Transportation Landscape Services
REVIEWEDBY:/~~.._ _ _~
David F. Bobanick, Interim Director
Transportation Department
REVIEWED
BY:
,, . g~/'.'.: }
Raymorld W. Miller, P.E.
Interim Public Works, Administrator
REVIEWED BY: (.~.,~? /'".
Stephen 6'arhell, Direr{or
Purchasing Department
DATE:
_DATE:
DATE:
DATE:
Transportation Department
VP/DFB
Attachment(s)
HAR 2 5 1997
Landscape Architecture
March 6th, 1997
Mr. Val Prince
Engineer II
Transportation Landscape Services
3301 Tamiami Trail East
Naples, Florida 34112
Re:
Maintenance and Development of Arterial Roadways Medians and
Adjacent Rights of way Professional Services Agreement
Dear Yah
As per your request we are submitting this letter as a formal
request and/or proposal per Agreement section 4.1 to continue and renew
our existing Services Agreement for the coming year.
McGee & Associates agrees to provide the services at the same
pricing and/or per the fee schedules as exhibited or attached in the
existing Agreement.
As you are aware Vanderbilt Beach Road west of US 41 has been
landscaped and will be added to your service schedule. Once accepted we
will provide scheduled inspections and reports at the cost per the
attached revised Attachment "A".
If you should have any questions or need further information then
please feel free to conatct me any time.
i~~~Cordially.
LC 098
Design * Environmental Management * Planning
P.O. Box 8052, Naples, Fla. 34101 (941) 263-0486
MAR Z 5 1997
Landscape Architecture
Revised 03/06/97
102
103
104
FEES FOR SCHEDULED INSPECTIONS & REPORTS
F II, PR V AND AP AR A
BAYSHOREDRIVE $161.67 $ 646.68
U.S. 41, North
PINE RIDGE RD.
SEAGATE DR.
I~MOKALEE RD. $545.17 $2,180.68
VANDERBILT BEACH RD., West $161.67 $ 646.68
AIRPORT ROAD
(US 41 to Cougar Dr.)
$604.17 $2,416.68
Design * Environmental Management * Planning*
P.O. Box 8052. Naples, Fla. 34101 (941) 263-0486
EXECUTIVE SUMMARY
RECOMMENDATION TO AWARD BID//97-2637 FOR CONTRACT PRINTING
~: To award a two-year term agreement for contract printing for use by all County
Departrnents.
CONSIDERATION,S: Throughout the year, the Purchasing Department has the need to contact
firms for the printing of a wide variety of documents for using departments. Many of the
documents are routine in nature, and therefore lend themselves to standard specifications.
On January 23, 1997, formal bid invitations were distributed to thirty-one finns providing printing
services. Bid specifications requested pricing for 53 types of single/multi-part forms, business
cards, continuous feed forms, and envelopes used by various County Departments. On February
21, 1997, bids were received and opened from fifteen printing finns. After careful analysis of all
proposals, staff recommends award of this bid on an item-by-item basis as listed below, and in
accordance with the attached tabulation sheets.
CATEGORY PROPOSAL NUMBERS AWARDEE
Flat Forms #1, 2, 4,5,6,7,9,11,12,13,19,20 Collier County Schools
Flat Forms # 15, 16 Cecil's Copy Express
Flat Forms #3, ! 4 Kozanik Kopies
Flat Forms # 17, 18 Pederson Printing
Flat Forms //8, 10, 21 Personal Printing Service
Carbonless Forms
Carbonless Forms
Carbonless Forms
Carbonless Forms
#22,23,28,29,31,33,35,36,38
#24,27,32,34
#25,26,30,37
#39
Tractor Feed Forms //40, 41
Tractor Feed Forms #42
Tractor Feed Forms #43, 44
Collier County Schools
New York Press
PRIDE of Florida
Pederson Printing Service
The Print Shop
Personal Printing
Sunbelt Business Printing
Envelopes #47, 48, 50 Collier County Schools
Envelopes #45 PRIDE of Florida
Envelopes #46 Suncoast Forms
Envelopes #49 Pederson Printing
Business Cards #5 I, 52 Pederson Printing
Business Cards #53 Kozmik Kopies
MAR 2 5 {997 J
Executive Summary
Title: Recommendation to Award Bid #97-2637 for Contract Printing
Page 2
Due ,,, a pattern of long lead times and late deliveries throughout the previous printing contract
pc:-.', d, a 10% penalty for late deliveries has been instituted, with possible termination for
excessive late deliveries. For this reason, staff is requesting entire bid offerings of the bidders
listed herein be accepted as secondary suppliers to be utilized in the event of inability or
termination of the lowest bidder to furnish product as needed. In such a situation, the next lowest
bidder would be contacted until the needed product could be obtained.
FISCAL IMPACT: It is estimated that approximately $35,000 will be expended annually from
funds appropriated in the operating budgets of the respective using agencies.
GROWTH MANAGEMENT IMPACt: None
RECOMMENDATIOn: That the Board of County Commissioners award Bid #97-2637 for
contract printing as shown herein.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Laura Celedonia, Buyer II
Purchasing Department
CSM,
Purchasing/General Services Department
Leo E. Ochs, Jr. A,4~,,ni~istrator
Support Services Di~,~ion
DATE: 03/10/97~
/ "AR
MAR 2 5 '1997T
HAR 2 5 1997'-I
MAR 2 5 1~97 ~
MAR 2 5 1997 I
_,~._/,7 . !
M~ 2 5 ~SS7 I
~o._/,~ [
HAi~ 2 5 1997
l
l
! MAR 2 5 1~97
I 1,4AI~ 2 § '19971
I ,,.~;,~c> |
~' I ~AR 2 § 1997~~
II
1997
r4AR 2 5 1997
MAR 2
HAR 2 5 1997
MAR 2
MAR 2 5 ~
lIAR 2 5 1997
HAR 2 5, 1997
_ ,~...,c//
EXECUTIVE SUMMARY
REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVAL FOR
DONATION OF SURPLUS RADIO EQUIPMENT TO K-9 SEARCH AND RESCUE
OF SOUTH FLORIDA.
~)BJECTIVE: To attain the Board of County Commissioners approval for the
donation of surplus radio equipment to K-9 Search and Rescue of South Florida,
a non-profit organization.
CONSIDERATION: In accordance with Sections 273.01 Florida Statue, 274.05
Florida Statues, and Collier County purchasing policies, the EMS Department
seeks to donate surplus radio equipment made obsolete with the implementation
of the 800 MHZ radio system to the K-9 Search and Rescue of South Florida.
The K-9 Search and Rescue of South Florida is comprised of volunteers who
specialize in locating the mentally challenged, missing, and deceased persons in
an isolated incident or in a disaster situation. They also provide medical aid, and
educational seminars on lost person behavioral and stranger danger to local
school children. The donation of surplus equipment inventory includes 23
portable radios and 27 mobile radios with accessories that are obsolete as a
result of the 800 MHZ radio system implementation.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION' That the Board of County Commissioners approve the
donation of surplus radio equipment to K-9 Search and Rescue of South Florida.
PREPARED BY: ~(L"') ~ ,
Rich D'Orazio, Lt./Param~lic
,~Emergency Medical Services Department
REVIEWED BY : ,,,.~_ DATE:
Diane B. Flagg, C~f
Emergency Services Department
REVIEWED BY: 2~~ ~, ~ DATE:
Steve Came'Il, [Director
Purchasing Department
APPROVED BY: "~ L.(. /--'-'~
Leo Ochs, Jr., Admir~istrator
Support Services Division
DATE'
MAR 2 5 19 ? !
FI~CH NLrrr'~ORT 8[2 $~. ~41 ~l 1,II8
fileCl On Feb~ary 16, 1994, St~Own by' the records Of t~[$ offi~, oorporlt~n'
The document number of this coq:)ora/ion is NgSO0000058~.
CR2E022
HAR251997 I
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE ACQUISITION OF FIVE (5) MEDIUM
DUTY ADVANCED LIFE SUPPORT AMBULANCES THROUGH A
COOPERATIVE PURCHASE.
OBJECTIVE: That the Board of County Commissioners approve the acquisition
of five (5) medium duty ambulances from Aero Products Corporation, Sanford,
Florida, utilizing the St. Johns County, Florida bid No. 96-60.
CONSIDERATION: Section XIII B of the Purchase Policy allows the County to
join with other units of government in cooperative purchasing ventures. St.
Johns County awarded a contract for medium duty advanced life support
ambulances which affords Collier County the opportunity to purchase under the
same terms and conditions.
The St. Johns County bid base cost was $97,899.00. Utilizing the St. Johns
County base bid cost and including the equipment integral to current patient
care standards and operations, the purchase price is $97,213.00 per medium
duty ambulance. This purchase price reflects a savings of $63,935.00 or
$12,787.00 per medium duty ambulance under what was budgeted for FY 95/96.
The equipment integral to patient care slandards and operations include Vanner
inverters, electric locks and safety equipment. A Vanner inverter provides AC
capability for neo-natal patients, cardiac balloon pump patients, and 12 lead
ECG patients. Electric locks provide access for required security and safety
equipment includes a side window for clearing of emergency traffic and reflective
vehicle markings.
Two medium duty ambulances are growth units and will utilize EMS impact fees
for purchase. Three medium duty ambulances were scheduled and budgeted
replacements.
FISCAL IMPACT: The cost to purchase five (5) medium duty advanced life
support (ALS) ambulances is $486,065.00, each medium duty ambulance
purchased under this bid is $97,213.00. The funding source for this acquisition
is as follows:
NO. //. ~ .~
MAR 2 5'19S7
(Fund (350) EMS Impact Fees - Total purchase price of
$194,426.00 for two (2) medium duty growth ambulances.)
(Fund (522) Motor Pool Capital Recovery - Total purchase price of
$291,639.00 for three (3) medium duty ambulances, scheduled
replacements and budgeted in Fund 522.)
GROWTH MANAGEMENT IMPACT: Provided EMS ambulances for two (2)
EMS growth units.
RECOMMENDATION: That the Board of County Commissioners approve the
purchase of five (5) medium duty Advanced Life Support ambulances from Aero
Products Corporation, Sanford, Florida, utilizing the St. Johns County Bid No.
96-60 in the amount of $486,065.00.
PREPARED BY.'~'~ ~:7 ~
Tom Mag¢'~/, EMS Battalion
Supervisor
REVIEWED BY: ~~ DATE:
Diane B. FI~. Chief
Dan Croft, Director ~/
Fleet Management
Steve ~arne~, Director
Purchasing
keo Ochs, Jr.,
Support Services
DATE:)'~{{ I,=, 1~7
MAR 2 5 1997
EXECUTIVE SUMMARY
RECObDdENI)ATION TO blAKE SOLE SOURCE PURCHASES IN EXCESS
OF $15,000.00 FROM KELLY TRACTOR, INCORPORATED, FT. MYERS,
FLORIDA.
DJ3.J~.,~LTjX~: To obtain the Board of County Commissioners' approval for sole
source purchases from Kelly Tractor, Inc., in excess of $15,000.00.
~: Kelly Tractor, Inc., is the exclusive authorized regional
vendor in this area for Caterpillar and Hanix brand equipment parts and services. The
County currently owns one Caterpillar bulldozer and one loader, and two Hanix Mini
Giant track-hoes. This fiscal year, the rubber tracks for both Mini Giant track-hoes
required replacement at a cost of $5891.42 per set, or a total of $11,782.84. Purchases
from Kelly year-to-date total $12,862.55. Pans and service requirements for
Caterpillar and Hanix equipment are expected to exceed $15,000.00 by year end.
I~,~C..~[~I~C~: FY 97 funds are available in Fleet Management fund and cost
center 521-122410 to cover all costs to Kelly Tractor, Inc., for Caterpillar and Hanix
brand parts and services.
W ~1 ' N 1 A : None.
RECOMMENT}ATION: That the Board of County Commissioners approve sole
source purchases from Kelly Tractor, Inc., in excess of $15,000.00.
PREPARED BY: D,.,~h./(/~.~~~t'~ DATE: .-~//"/?~q,7 a Croft, Fleet Man~e~r, Facilities Management Department
Skip Camp, Director, Facilities Management Department
Stex e ESarnel], 'birector, Purchasing Department
REVIEWED BY:
Leo'Ochs, Adm~_~ra]or, Support Se~'ices Division
APPROVAL OF BUDG ET AMENDIV[ENTS
BCC AGENDA OF 3/25/97
COUNTY WIDE FACILTIES CAPITAL (301)
BUDGET AMENDMENT 97-210
Capital Outlay $10,000
Reserves
Total 0
Funds ar~ needed for unanticipased r~-novations to the General Services Building (Building W) to accommodate
expansion of l~e Supervisor of Elections t~cords storage area and for unanticipated r~ovattons to I~e 7~ Floor of
,Buildin~ F to nccon~nodate office s~ace needs of the Public DefendeCs Office.
SHERIFF'S GRANTS (115)
BUDGET AMENDM~ENT 97-216
($19,151.78)
(619.25)
19.771.03
Dru2 En forcem ~t/Aom'~he~ siol~
Personnel Services
Operating Expenses
Cspital Outlay
Total
To mmsfer funds from Fund I 15 (SHOCAP grant) personal services and operating expense budget categories to the
_operating capital outlay budget cate,gory.
AGENDA ITEM
MAR 2 5 1997
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 25, 1997
FOR BOARD ACTIQF:
Miscellaneous Items to File For Record Wi~h Action A~
Pelican Mareh Community Development Dietrict - December
18, 1996 and agenda.
ae
Pelican Bay MSTBU Advisory Committee - February 5, 1997
and agenda for March 5, 1997. Referred to BCC.
Be
The Beach Renourishment/Maintenance Committee -
February 6, 1997 and agenda for March 6, 1997·
Referred to BCC.
De
Marco Island Beautification Committee - February 4,
1997 and agenda for March 4, 1997. Referred to BCC.
Mackle Park - February 5, 1997 and agenda for March 5,
1997. Referred to BCC.
Collier County Planning Commission - January 16, 1997
and agenda for March 6, 1997. Referred to BCC.
Ge
Library Advisory Board - January 22, 1997 and
Director's Report - January 16, 1997. Referred to BCC.
Code Enforcement Board - January 22, 23, 27 and 29,
1997. Referred to BCC.
AGENDA ITEM
iL
MAR 2 5 1997
Pg. /
EXEC~ SUMMARY
RECOMMENDATION THAT THE BOARD OF CouhrT~ COMMISSIONERS APPROVE BUDGET
AMENDMENTS TO FINAl ~ FISCAL YEAR 1996 DEBT SE]:iVICE APPROPRIATIONS.
~ Board of County Commissioners' approval of the attached 1996 budget
amendments which will Increase debt service appropriations to cover actual payments made on
t~e 1977 Guaranteed Entitlemer,t Revenue Bonds (prior to the 1996 refunding), Commercial
Paper loans A-2 and A-5, and Note I-1.
CONSIDERATION;
(1) The fiscal agent fees on the 1977 Guaranteed Entitlement Revenue Bonds (prior to the
1996 refunding) were estimated for fiscal year 1996. The actual amount paid was $294 greater
than the estimate.
(2) Actual payments on the Commercial Paper loan A-5 (Regional Park Fund 345) exceeded
the budgeted amount by $94,470, Therefore, additional budget In Fund 299 for fiscal year 1996
in the amount of $94,470 is needed for Commercial Paper Loan A-5.
(3) There was budget for an estimated interest expenditure of $7,300 in Fund 244. Actual
interest charges incurred were $250 higher than budgeted.
(1) 1977 Guaranteed Entitlement Revenue Bonds (Fund 204) fiscal agent fees'- recognize
1995 carry forward in the amount of $294 in order to appropriate for the additional fees.
(2) Commercial Paper (Fund 299) - recognize a $94,470 increase in the operating transfer
from Regional Park Fund 345. In addition, $480,530 from budgeted interest payments will be
tranferred to the principal object code to coincide with actual payments made.
(3) Note I-1 (Fund 244) . recognize 1995 carry forward in the amount of $250 in order to
appropriate the additional amount for the annual interest payment.
GROWq'H MANAGEMF__~T: None
RECOMMENDATION: The Board of County Commissioners approve the attached budget
amendments for fiscal year 1996 in order to finalize the County's debt service funds.
Prepared by:" / c.-~, t~-¥ Date /9/e?
Teri O'Connell, Senior Accountant/Clerk to the Circuit Court
Reviewed by: Date
James Mitchell, Finance Director/Deputy Clerk
Approved by: Date
Dwight E. Brock, Clerk to the Circuit Court
,o. I~_
HAE 2 5 1997
T A M N M ~~'T ' T
"UND TITLE
Date prepared:
If previously approved, BCC Agenda Date: _
Co~ Center Title --
/ /
EXPENSE
EXPENDITURE
_ OBJECT COOT
?g~2-oo
Cost Center No.
EXPENDrTU.E TFrLI~
(FUND NO.)
Item No.
BUDGET DETAIl
cost Cenler No.
~[XPEN~ITURE TITLE
To{aJ
Center Title
E~PENDITURE
OBJECT CODE
For Budget/Finance Use Only
BA#
JE~
BARS
A.P.H. Date
TO BCC YES NO
Attach Executive Summary
Projecl Title
INCREASE
Project No.
CURRENT REVISED
$. $
Projec~ Thle
INCREASE
$.
$
Project No.
CURRENT REVISED
TotaJ $,
Cost Cen~er Tkle
REVENUE
OBJECT COOE
REVENUE BUDGET DETAIl
~/?~/o
Cost Cemer No. Projec~ Title
INCREASE
No.
CURRENT REVISED
$.
NO.lb r"t ~,
s-- :-:~ 2 5 !997 _
.2 s'"C)
Tota~ $
Why are funds needed?
EXPLANATION
V~ere are furx:~s av-dga~e?
DIVISION ADMINISTRATOR:
BUDGET DEPARTMENT:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADMIN:
INPUT BY:
B.,~ NO.:
Form No. CC004
10/01/~
BUDGET
ND TITLE (FUND NO.)
A M E N D M E-I'~T RE~QUES~
If previously approved, BCC Agenda Date: / / Item No.
EXPENSE BUDGET DET~II,
Project Title
INCREASE
EXPENDITURE TITLE,_
$
Cost C, enler Title Cost Center No.
ID(PENDITURE
OBJECT CODE___
_ '7/zo0
For Budget/Finance Use Only
Baa
JE~
BAR #
A.P.H. Date
TO BCC YES NO
Attach Executive Summary
CURRENT
$,
$ /,27,'.~
S $
Proiec~ No.
REVISED
$,,
Cenler Title
EXPENDITURE
OBJECT CODE
Cost Cenier No.
EXPENDITURE TITLE
Project Title
INCREASE
$_
Prc.jec~ ho.
CURRENT REVISED
$ $
S S
TotaJ $
Co~ Center
REVENUE
OBJECT CO~[~
BEVENUE BUDGET DETAIN
Cas~ Cemer No. Prc~ec~ Title
REVENUE TrTLE
INCREASE
$,,
CURRENT
Pt~C~ NO.
REVISED
BUDGI~T
5
'Nhy are funds needed?
COST CENTER DIRECTOR: ~
DIVISION ADMINISTRATOR:
BUDGET DEPARTMENT:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF 8OARD ADMIN:
INPUT BY:
B.A. NO.:
Form No.
~0/0~/90
T A M N M -N~'T ' T
TITLE (FUND NO.)
Date prepared:
For Budget/Finance Use Only
BA#
JE#
BAR #
A.P.H. Date
TO
If previous~/approved, BCC Agenda Date: ~ Item No.
Co~1 C~nter No.
EXPENDITURE
TIT
BCC YES NO
Atlach Executive Summary
Project Title Project No.
INCREASE CURRENT REVISED
$_ $__ $.
S-- S__ $.
Center 1-rtl e
EXPENDITURE
Cc~ Center No,
TotaJ
$~ $~ S~
s
Prcject Title
IN'CREASE
S.
Prcje<= No.
CURRENT REVISED
$ S~
at,
$ $~
$ S.
To~ $
Ccst Center T'~le
REVENUE
OBJECT COOE
REVENUE
Cos~ Center No.
BUDGET DETAIl
Project Title
INCREASE
REVENUE TrT[.~ ~
Prcjec~
S
CURRENT REVISED
~ BUDGET
s 2 5 1997
EXPLANATION .
are funds needed?
Where ara funds available?
COST CENTER DIRECTOR:
REVIEW PROCE~;~
DIVISION ADMINISTRATOR:
BUDGET DEPARTMENT:
AGENCYk~NAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADM1N:
INPUT BY:
B.A. NO.:
Fcrrn No. CC;C.,4
I 0/0 ~/~
EXECUTIVE SUMMARY
RECOMMENDATION TO ISSUE A CLAIRVOYANT PERMIT TO ANNA MARIE
NICHOLAS
OBJECTIVE: To issue a clairvoyant permit.
CONSIDERATIONS: Mrs. Anna Marie Nicholas inadvertently applied
for an AstrolOger,s permit on February 28, 1997 and reapplied for
a clairvoyant,$ permit on March 11, 1997. The Board approved the
Astrologer's Permit on March 11, 1997, however, this permit was
not issued due to the fact that the applicant desired a
clairvoyant permit.
According to Ordinance 81-42, the applicant shall have been 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 submitted; and that a
background check be done on the applicant.
Mrs. Nicholas has provided the necessary information as well as a
recent photograph and has completed an application for a
clairvoyant's permit. All paperwork was submitted to the
Sheriff's Office for a background check and their records indicate
that this applicant has had no adult arrest record. Therefore,
all pertinent information is in order.
FISCAL IMPACT: None.
~ECOMMENDATION: That Anna Marie Nicholas be issued a glairvoyant
permit whereupon she will obtain an occupational license for same.
PREPARED BY:
APPROVED BY:
M~reen Ken~yon,I 96pervisO~
Bbard Minutes & Records
Clerk~f the Circuit Court
MAR 2 5 1997
AME Nicholas Anna Marie
ADDRESS 1872 South Airport Road
F 0 P.M~R ADDRESS None
MARITAL STATUS Married
NAME OF SPOUSE Steve Nicholas
DRIVER'S LICENSE NUMBER/STATE N-242-053-76-681-0 (Florida)
TI~L~-PHO.~IE NO.
775-3788
SOC. SECURITY NO. 067-62-3325
DATE OF BIRTH 5-21-76
EMPLOYED BY
PLACE CF BIRTH Baltimore, Maryland
Doris Palm and Card Reader
PREVIOUS EMPLOYER None
Attach:
~'~ ="~ from 5 reputzble
5 written-, statements cr ~...d_..'~.-
clt~zens o' Co!!~ -Ccunty, as to moral character
Prccf of ~crida resiC~ncy for o~ .e_=. si::
Recent photograph.
,A, GENDAJTEM~ -,
HAR 2 5 1997
pg. ,'7., ~.j
PERMIT FOR CLAIRVOYANTS
PERMIT NO. 97-1
STATE OF FLORIDA )
COUNTY OF COLLIER)
WHEREAS, ANNA MARIE NICHOLAS has made application to the Board of
County Commissioners, as required by Ordinance 81-42, for a permit to
apply for an occupational license to practice clairvoyance in Collier
County, Florida; and
WHEREAS, 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 27 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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Maureen Kenyon, Deputy Clerk
Approved for legal form
~ff~iency
TIMOTHY L. HANCbCK, CHAIRMAN
MAR 2 5 1997
07-I?.lll '
MAR 2 5 t:~67
Collier County Govt. Complex Bldg.. J
3301 Tamiami Trail, Easl, Naples, FL 33962
Telephone (AC 941) 774-4434
DAT£z
JANUARY 26, 1997
H~CHOLAS, ANNA MAR~E
05-21 - 76
Except am may be entered below, am o~ thJe date, the Colller County
Sheri~f'm O~fice ham no reCord o~ arremt on the abowe named
~ndividual ~or the pamt ten (10) yearm. Sealed and expunged ~eco~dm
were not mearched.
A recordm check by our agency prov~dem ~.~ local, CollXer County
arre&.t ~n~ormationo A~dav~t 5m accurate i[oi- t~e date o~ ~nquiry
only. No other rePreSentation ~ made.
Unle~ thim im an original docu~nt v~t~ ~n lette~ead, do not
accept. Cop~em are not authorized.
~_A TE ARRESTED ~
NO ADULT ARREST RECORD.
-~or: Don Hunter,
Collier County Sherif~'m O~lce
Teresa D. Hollie
3381 6th Avenue, S.E.
Naples, Florida 34117
December 5, 1996
To Whom It May Concerns
! have known ~nna Haria Nicholas for one (1) year. ! would
highly reco~'end her for anything that she would chose to
do. She is 'a very honest individual. She is definitely
deserving of licensing.
Pleas feel free to contact me.
Sincerely,
Teresa D. Hollts
AGENDA ITEM,.
MAR 2 5 ;997
Michael J. Kehl, P~esident/CEO
WORLD WIDE TECHNOLOGY MARKETING, INC~
801 12th Avenue South Suite ~)0 Office: 941/435-9855
Naples, FL 34102 Fax: 9~1/435-9858
mall: mj kehl(~vorid neLatt, uet
January 7, 1997
Please consider this letter of reference for Ms. Anna Nicholas. I have
known Anna for a year and one half. She is of good moral character as
well as a very reliable and responsible person. Anna is tl'~vorthy and
a kind and considerate lady.
Regards,
President/CEO
AGENDA ITEM,
MAR 2 5:997
Panther Security
Investigations &
Information. 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 individual. I would highly recommend her
for anything abe would choose to do. She ia definitely
sincere in her actions and deserving of licensing.
Anna resides at 1872 South Airport Road, Naples, Florida.
Please feel free to contact me for any further
recommendation or questions.
Paul E. Wilson,
Director
2386 Linwood Ave. Naples, Florida 34112 · 941-417-0707
d.b.a.L.E. Wilson Sr. P.L. · FL Llcll IIA9300103
Panlher Securlly Service · FL LIc # B9300146
Pg. ~
24 Janua~1997
Re: Anna Mafia 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.
I have been a resident of Collier County, Florida, for over ten (10) years.
'~j[~mHead
?END,A I ~
·. _~7~..~
NAR 2 5 f9~t7
Pg. lO
A Y
RATIFY THE SHERIFF'S OFFICE'S AWARD OF RFP NO.
CCSO97-001 TO RCC CONSULTANTS, INC. FOR
COMMUNICATIONS CONSULTING SERVICES
RELATED TO THE SHERIFF'S OFFICE'S ACQUISITION
OF A COMPUTER AIDED DISPATCH (CAD) SYSTEM.
OBJECTIVE: To award a contract to develop specifications for the
development, installation, and operational start-up ora state-of-the-art CAD
system to support a multi-step sealed bid process and identify hardware and
software currently used with the CCSO's existing CAD system that can be
integrated into the new system. The consultant will assist the CCSO in the
review of all written proposals in response to the Request for Information
and prepare a summary and recommendation report.
DESCRIPTION: The CAD system includes all hardware and software
needed to provide improved management of incident tracking by
dispatchers. A single screen will provide information on multiple incidents
as well as geographic information. A large display will enable other
dispatchers to follow and assist during critical contingencies.
Subsequent to adoption of the project budget, the Sheriff's Office issued a
Request for Proposals in accordance with their administrative procedures.
A selection committee appointed by the Sheriff has reviewed the proposals
and ranked RCC Consultants, Inc 5rst. A summary of the selection
committee's rankings is attached.
Given that the funds for the agreement are appropriated in the BCC's
Facilities Capital Fund (301), ratification of the Sheriff's award is
requested. Upon ratification by the BCC, the Sheriff's Office will execute
and administer the agreement.
AGENDA ITEM
NAR 2 5 1997
pg._ I
~: The cost of the consulting contract is $80,092. Funds
ar~; currently available in Fund 301 (Facilities Management County Wide
CIP), Cost Center 611010 (Law Enforcement--Paid by Sheriff). The total
estimated cost of the project is $850,000. During the BCC's FY 97 budget
workshops the Board decided to phase the expenditures over two years.
$400,000 is budgeted in FY 97
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDATION: That the Board of County Commissioners ratify
the award of RFP No. CCSO97-001 to RCC Consultants, Inc. in the amount
of $80,092.
SUBMITTED ate:
Date:/'
AGENDA ITEM
HAR 2
pg.
RFP tCCS097-geL, COMMUNICATIONS CONSULTANT
CAPTAIN SANDERS
(MAX 7e PTS)
CRYSTAL KINZEL
(MAX 7e PTS)
CHRIS NIND
(MAX 7e PTS)
OAMIEN DEANDRES
(MAX 7e PTS)
MIKE RICE
(MAX 7e PTS)
REFERENCES -
3 EACH (10 PTS)
PRICING
(20 PTS)
TOTALS
INFORMATION RCC WARNER
ANALYTICS CONSULTANTS GROUP
38
65
69
49
55
10
2O
306
mmmmmmmmmmm
67 70
70 60
65 69
65
7O
10
10
357
mmmmmmmmmm
7O
7O
10
349
AGENDA ITEM
No.. ,~' ~ (.bi
NAR 2 5 ~97
P~. ~
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE AN AGREEMENT BETWEEN COLLIER
COUNTY AND THE NAPLES AREA ACCOMMODATIONS ASSOCIATION, INC. FOR
THE AWARD OF TOURIST DEVELOPMENT TAX FUNDS IN THE AMOUNT OF
:$489,058.00 FOR ADVERTISING AND PROMOTION (CATEGORY BI).
OBJEX: To approve a revised agreement.
CONSIDERATIONS: On December 17, 1996 the Board of County Commissioners approved
the award of funding to the Naples Area Accommodations Association, Inc. in the amount of
$489,058.00 a~er reco~endation by the Tourist Development Council. On January 7, 1997,
the Board of County Commissioners approved the standard form agreement which was never
signed. Since approval of the standard agreement, the Naples Area Accommodations
Association, Inc. has requested the following changes:
1. That in lieu of the accounting requirements, the GRANTEE shall make its books available to
the COUNTY for its inspection and review for a period of three years fi.om the date of the
Agreement.
2. That the following language be deleted fi.om Section 8: "GRANTEE shall reimburse the
COUNTY all funds expended by COUNTY under this Agreement if the GRANTEE
terminates this Agreement."
3. That if the GRANTEE's general liability insurance increases as a result of adding additional
insured parties under this Agreement, then the increased cost shall be an eligible and
reimbursable expense.
4. That the length of term is changed to two years instead of one year.
There are also additional minor changes in the attached Agreement.
FISCAL IMPACT: Funds are budgeted in Fund 194.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the attached
agreement in lieu of the previously approved Agreement and authorize the Chairman to sign the
same.
Heidi F. Ashton
Assistant Count)' Attorney
Date
Approved by:
David C. Weigel
County Attorney
f:Mxecutive summ~ry'0qaples Area Accommodations TDC Agreement
Date
2 5 1997
Pg. ]
Jt
TOURISM GRANT PROGRAM
ADVERTISING AND PROMOTION AGREEMENT
THIS AGREEMENT, is made and entered into this 7th day of
January, 1997, by and between Naples Area Accommodations Associa-
tion, Inc., a not-for-profit corporation, hereinafter referred to
as "GRANTEE" and Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, the COUNTY has adopted a Tourist Development Plan
(hereinafter referred to as "Plan") funded by proceeds from the
Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues
generated by the Tourist Development Tax are reserved for activi-
ties and events intended to promote, advertise and bring tourists
to Collier County for the period between May through November
each year, hereinafter referred to as "target period"; and
WHEREAS, GRANTEE applied to the Tourist Development Council
and the COUNTY for funds to promote Collier County as a tourist
destination through promotional activities common to destination
marketing; and
WHEREAS, the COUNTY desires to fund promotional activities.
WITNESSETH:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The above recitals are true and correct and are incor-
porated herein.
2. SCOPE OF WORK: GRANTEE prepared a written detailed
proposal outlining specific project(s)/activity(ies) to be
provided along with a detailed line item budget as part of the
grant application process, hereinafter referred to as "PRQPQSAL."
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The PROPOSAL is attached hereto and incorporated herein as
Exhibit "A". GRANTEE shall provide the project(s)/activity(ies)
outlined in the PROPOSAL within the budget provided in the
PROPOSAL. All expenses incurred in connection with PROPOSAL as
incorporated herein will be considered eligible expenses subject
to reimbursement or payment by the COUNTY under this Agreement.
3. PAYMENT: The maximum payment under this Agreement
shall be Four Hundred Eighty-Nine Thousand Fifty-Eight Dollars
($489,058.00). The GRANTEE shall be paid for expenditures
incurred for the project(s)/activity(ies) upon submittal of an
invoice. Payment shall occur in accordance with the Prompt
Payment Act. However, the COUNTY shall be under no obligation
whatsoever to make payments for goods or services in excess of,
or not included in the PROPOSAL or to make payments using any
source of funding other than the Tourist Development Tax or to
make payment to the GRANTEE or any vendor in advance of providing
the service. Any payment made by the GRANTEE which is shown to
be an unauthorized expenditure during the performance of the
grant contract shall not be eligible for payment. Any expendi-
tures which have been paid to the GRANTEE which are subsequently
determined by the COUNTY to be an ineligible expenditure shall be
repaid to the COUNTY within 30 days of written notice to GRANTEE
of the expenditure or the COUNTY at its option can withhold
future payments to the GRANTEE or deduct the amount to be repaid
by GRANTEE from any remaining grant funds. Provided, however, the
COUNTY shall provide written netice of GRANTEE of such ineligi-
bility within 60 days of receipt by the COUNTY of the audit or
accounting of funds required under Section 9, or payments made
will be deemed proper.
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4. INSURANCE: GRANTEE is required to submit a Certificate
of Insurance naming Collier County, and its Board of County
Co~unissioners and the Tourist Development Council as additionally
insured. The certificate must be valid for the period of the
promotion, and be issued by a company licensed in the State of
Florida, and provide General Liability Insurance for no less than
the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
In the event that the cost of GRANTEE's general liability insur-
ance increases as a result of adding such additional insured
parties under this Section 4 then such increased cost of insur-
ance shall be an eligible and reimbursable expense.
5. INDEMNIFICATION: The GRANTEE, in consideration of TEN
DOLLARS, the receipt and sufficiency of which is accepted through
the signing of this document, shall hold harmless and defend
COUNTY and its agents and employees from any and all suits and
actions including attorney's fees and all costs of litigation and
judgments of any name and description arising out of or inciden-
tal to the performance of this Agreement or work performed
thereunder. This provision shall also pertain to any claims
brought against the COUNTY by any employee of the named GRANTEE,
any subgrantee, or anyone directly or indirectly employed or
authorized to perform work by any of them. The GRANTEE's obliga-
tion under this provision shall not be limited in any way by the
agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance ~rntection.
AGENDAITEM
2 5 13 7
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Pg. ~
6. NOTICES: Ail notices from the COUNTY to the GRANTEE
shall be deemed'duly served if mailed by registered or certified
mail to the GRANTEE at the. following address:
Joseph Dinunzo, President
Naples Area Accommodations Association, Inc.
P. O. Box 111195
Naples, FL 34101
Ail notices from the GRANTEE to the COUNTY shall be deemed duly
served if mailed by registered or certified mail to the COUNTY
to:
County Manager
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing
address at any time upon giving the other party written notifi-
cation. All notices under this Agreement must be in writing.
7. NO PARTNERSHIP: Nothing herein contained shall be
construed as creating a partnership between the COUNTY and the
GRANTEE or to constitute the GRANTEE as an agent of the COUNTY.
8. TERMINATION: The COUNTY or the GRANTEE may cancel this
contract with or without cause on at least 30 days advance
written notice of such termination and specifying the effective
date thereof. If the COUi{YY terminates this Agreement without
cause, the COUNTY will pay the GRANTEE for all expenditures
contracted to pay up to the effective date of the termination so
long as such expenses are part of the PROPOSAL. If it is deter-
mined that there was not sufficient cause for the COUNTY to
terminate this Agreement, the GRANTEE's remedies shall be limited
AGENDA ITEM
- 4 - Iq .R 2 5 1997
to the payment of the contract amount earned by the GRANTEE on
the date of termination. If the GRANTEE terminates this Agree-
ment without cause, GRANTEE shall pay to COUNTY all funds ex-
pended by COUNTY under this Agreement required by the Agreement.
For purposes of this Agreement, cause shall mean failure of
either party to perform its duties under the Agreement.
9. GENERAL ACCOUNTING: GRANTEE is required to maintain
complete and accurate accounting and project(s)/activity(ies)
records. GRANTEE shall make its books and records available to
COUNTY for its inspection for a period of three years from the
date of this Agreement.
All revenue related to the project/activity should be
recorded, and all expenditures must be incurred within the
contract period.
GRANTEE is required to submit annual financial statements on
the expenditures of the grant. Failure to submit acceptable
financial statements will result in the cessation of payments on
all grant contracts the GRANTEE may have with the COUNTY at the
time, effective on the date the submissions become overdue.
Under such circumstances, no further payments will be made for
the duration of contract periods and any payments already made
shall be subject, at the sole discretion of the COUNTY, to later
return to the COUNTY if acceptable statements are not submitted
as required, or if the payments are later shown to not be eligi-
ble.
10. TERM: This Agreement shall become effective on January
7, 1997 and shall remain effective for two years.
11. REQUIRED NOTATION: All promotional literature and
media advertising produced with tourist tax revenues must include
a visible reference to "Collier County, Florida - (~og.o~,~A)!~.\
- s - 2 5 1 97
Cooperative Effort Funded by the Collier County Tourist Develop-
ment Tax."
12. INELIGIBLE EXPENDITURES:
The following expenditures are ineligible and shall not be
paid by grant funds:
a. Annual operating expenditure not directly related
to the activity or project.
b. Salaries of full-time staff. Employment of person-
nel not directly related to the activity or proj-
ect.
c. Real property.
d. Capital Improvements, including but not limited to
new construction, renovation, restoration and in-
stallation or replacement of fixtures.
e. Tangible personal property, including but not lim-
ited to office furnishings or equipment, permanent
collections or individual pieces of art.
f. Interest, or reduction of deficits or loans. Ex-
penses incurred or obligated prior to or after pro-
ject funding period.
g. Prize money, scholarships, awards, plaques, or cer-
tificates.
h. Travel not associated directly with project.
i. Projects which are restricted to private or exclu-
sive participation except for invitational events
which require a prequalification of participants
through proven ability to generate hotel room
nights during the Naples' area shoulder season.
j. Private entertainment, food or beverages except for
invitational events which require a prequal~j,~..~l~M~
- 6 - 1'.~.~ ~ 5
pg.
tion of participants through proven ability to gen-
erate hotel room nights during the Naples' area
shoulder season.
k. Making payments for goods or services purchased for
previous or other events.
13. AMENDMENTS: Any changes in the project(s)/activ-
ity(ies) such as project dates, key participants, and budget
revisions must be submitted first to the Tourist Development
Council and then to the Board of County Commissioners for
consideration, approval and contract amendment by the Board, if
applicable.
14. PROMOTIONAL MATERIALS: All promotional materials,
including but not limited to artwork, brochures, posters, and
promotional items, shall be approved by the TDC before articles
are printed.
15. The Tourism Grant Program Guidelines, Grant Applica-
tion, and Contract Administration Guidelines are incorporated
herein by this reference, except where these guidelines are in
conflict with this Agreement.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respe-
ctively, by an authorized person or agent, hereunder set their
hands and seals on the date and year first above written.
DATED:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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TIMOTHY L. HANCOCK, Chairman
Pil.
WITNESSES:
GRANTEE
(1)
Naples Area Accommodations
Association, Inc.
Printed/Typed Name
(2)
By:
Printed/Typed Name
Joseph Dinunzo
Printed/Typed Name
President
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
f'",e'.AAgreementsNaples area Accommodations Association Revised 3/6/97
(corporate seal)
AGENDA IT_EM
Pg. ?
1997 TOTAL PROGRAM BUDGET
PROMOTION AND MARKETING
includes mtd~a placement
International pubhcat~ons
Domestic yub licat~ons
- Pubti¢ Relatiom professional s~'vices
Includes strategic planning, facilitan'ng rear. ting plans, designing
promot~or~l materials and prograrns, and media liaison services
. Production
includes graphic design and lay. out services, slide reproducn'ons,
text rranslar~¢n and photograph)'
- Brochures
includes the repnnnng of desnnanon g~ides and other collateral
. Media l~ladora Exp~nscs
includes photocopies, mileage, news release postage
and press excursion expenses
. Travel Agent Relations Expcr~es
includes communications, mileage, postage and on-site
famihanzanon expenses
- Trade Show Expenses
includes booth regJstranOn, supphes and per dlem expenses
- Collaborative Efforts w/Mar~ Island & The Everglades
Convention 8: Visitor Burr, au
includes familian:anon trips, trade shows and jol'nt advern$ing
- Market Research
includes collecnng and assembling occupano' and v~s;tor data
- Clipping Sera'ce
TOTAL
62,058
30,O00
102,000
45,000
55,000
50,000
25,000
35,000
30,000
50,000
5,000
$489,058